Bills & Legislation

Material harmful to minors; creates tax on electronic distribution.

Tax on electronic distribution of material harmful to minors. Creates a tax at the rate of 10 percent of the gross receipts of any commercial entity operating an adult website, defined in the bill, for all sales, distributions, memberships, and other content amounting to material harmful to minors, defined in the bill, that is produced, sold, filmed, generated, or otherwise based in the Commonwealth. The bill provides that the revenues generated by this tax shall be deposited into the Behavioral Health and Developmental Services Trust Fund.

Eric R. ZehrRepublican

Absentee voting in person; voter satellite offices, days and hours of operation.

Absentee voting in person; voter satellite offices; days and hours of operation. Authorizes the governing body of any county or city establishing voter satellite offices for absentee voting in person to prescribe, by ordinance, the dates and hours of operation for such offices. The bill requires the governing body to provide notice to the general registrar of the county or city at least two weeks prior to the enactment of any such ordinance.

Atoosa R. ReaserDemocrat

State government; transaction of public business, prohibited website domains.

State government; transaction of public business; prohibited website domains. Prohibits a public body, defined in the bill, from maintaining an official website for public use with a domain other than a .gov, .edu, or .museum domain. The bill provides that any email address that a public body provides to its employees shall utilize a .gov domain and directs the Virginia Information Technologies Agency to promulgate regulations to implement the provisions of the bill. The bill has a delayed effective date of July 1, 2029.

Jen Kiggans - to resign 12/31Republican

RS & UT; food for human consumption and essential personal hygiene products, delayed effective date.

Sales and use tax; food purchased for human consumption and essential personal hygiene products. Eliminates the remaining one percent local sales and use tax that is imposed on food purchased for human consumption and essential personal hygiene products. Under current law, no other sales and use tax is applied to such products. The bill requires an equivalent amount of revenue to be distributed to cities and counties on a monthly basis in compensation for the lost tax revenue. The bill has a delayed effective date of January 1, 2027.

Anne Ferrell TataRepublican

Food establishment inspection exemptions; private homes and farms.

Food establishment inspection exemptions; private homes and farms. Exempts from required food establishment operation inspections any private home or farm where the resident or farmer processes, prepares, or otherwise produces food if such food is (i) sold in person in the Commonwealth to an individual for his own consumption and not for resale or consignment; (ii) sold at the private home or farm; (iii) not offered for sale to be used in or offered for consumption in retail food establishments; and (iv) affixed with a label placed on the principal display panel or, for a product packaging not large enough to bear such a label, offered for sale with a sign displaying the name, physical address, and telephone number of the person preparing the food, the date the food was processed, and the statement "NOT FOR RESALE — PROCESSED AND PREPARED WITHOUT STATE INSPECTION."

Eric R. ZehrRepublican

Gift certificates; amends definition, international transactions, fraud reports.

Gift certificates; international transactions; fraud reports. Amends the definition of "gift certificate" and prohibits merchants from selling a gift certificate as part of an international transaction without first implementing a 24-hour hold on the activation of such gift certificate. The bill also requires local law enforcement to communicate reports of gift certificate fraud to the Internet Crime Complaint Center of the Federal Bureau of Investigation.

Eric R. ZehrRepublican

Genetic sequencing; use of foreign genetic sequencing, etc.

Genetic sequencing; organ transplants; use of foreign genetic sequencing or genetic sequencer operational and research software; foreign storage of genetic sequencing data; health insurance coverage for certain foreign organ transplants; civil penalty. Prohibits medical care facilities from (i) using genetic sequencers or any operational and research software, as such terms are defined in the bill, produced in a country designated as a foreign adversary by the federal government and (ii) storing genetic sequencing data with a country designated as a foreign adversary by the federal government. The bill requires medical care facilities to certify their compliance with such provisions, under penalty of perjury, annually with the Commissioner of Health and subjects medical care facilities that violate such provisions to civil penalties. The bill also prohibits health insurance carriers from covering human organ transplants that occur in China or other designated foreign countries and subjects carriers that violate this provision to civil penalties.

Eric R. ZehrRepublican

Real property; effect on rate when assessment results in tax increase, consideration of inflation.

Local taxation of real property; effect on rate when assessment results in tax increase; consideration of inflation. Provides that, in determining a locality's total real property tax levies for purposes of determining the rate of levy that the locality shall impose upon such properties in order to produce no more than 101 percent of the previous year's real property tax levies, such real property assessed value shall be reduced by the greater of (i) the change in the United States Average Consumer Price Index for all items, all urban consumers (CPI-U), as published by the Bureau of Labor Statistics for the U.S. Department of Labor, since the fiscal year of the last assessment or (ii) zero.

Joseph P. McNamaraRepublican

Traffic reg.; bicycles, electric personal assistive mobility devices, etc., yielding at stop signs.

Traffic regulation; bicycles, electric personal assistive mobility devices, electric power-assisted bicycles, and motorized skateboards or scooters. Authorizes any person operating a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, or motorized skateboard or scooter to yield instead of stop at an intersection controlled by a stop sign if certain conditions are met. The bill also authorizes such a person to proceed through the intersection on a steady red light if the pedestrian control signal corresponding to the person's direction of travel and to the parallel crosswalk indicates "Walk" and if certain other conditions are met. The bill requires any such persons riding two abreast on roadways with only one travel lane in the direction of such persons and a posted speed limit of 35 miles per hour or more to not impede the normal and reasonable movement of traffic. Under current law, such persons riding two abreast are required to not impede the normal and reasonable movement of traffic and are required to move into a single-file formation when being overtaken from the rear by a faster moving vehicle, regardless of the type of road and posted speed limit.

Rodney T. WillettDemocrat

Federal benefit programs; DMAS & DSS shall study technology systems used to administer.

Department of Medical Assistance Services; Department of Social Services; administration of medical assistance and social services programs; technology modernization; report. Directs the Department of Social Services (DSS) and the Department of Medical Assistance Services (DMAS) to contract with a third-party vendor to study and create a plan for the modernization of the technological systems used to administer federal benefit programs in the Commonwealth. The bill requires DSS and DMAS to develop and submit a legislative report that includes a plan to modernize the current technological systems to the Governor and the Chairs of the House Committee on Health and Human Services and the Senate Committee on Rehabilitation and Social Services by December 1, 2026, and to use the recommendations and plan outlined in such legislative report to move forward with the procurement process.

Michael B. FeggansDemocrat

Virginia's Great Outdoors Act; established, creates data center land conservation tax.

Virginia's Great Outdoors Act established; data center land conservation tax; land preservation distributions and appropriations. Creates a data center land preservation tax on and after January 1, 2027, in an amount equal to $3 per square foot of each data center facility footprint, as defined in the bill, and directs no less than $250 million of revenues from the tax to be distributed for various land protection and preservation purposes, including into the Virginia Tribal Commitment Fund, as created in the bill. The bill also repeals provisions requiring the Governor to include in the budget bill or in his amendments to the general appropriation act a recommended appropriation from the general fund, up to $20 million, for land preservation as follows: (i) 80 percent of the unissued credits to the Virginia Land Conservation Fund, of which at least 50 percent must be used for acquisitions with public access; (ii) 10 percent to the Virginia Battlefield Preservation Fund; and (iii) 10 percent to the Virginia Farmland and Forestland Preservation Fund.

Paul E. KrizekDemocrat

Data brokers; regulation, civil penalties.

Regulation of data brokers; civil penalties. Prohibits a person from acquiring personally identifiable information, defined in the bill, through fraudulent means or acquiring and using such information for the purpose of (i) stalking or harassing another person; (ii) committing a fraud, including identity theft, financial fraud, or email fraud; or (iii) engaging in unlawful discrimination, including employment discrimination or housing discrimination. The bill requires a data broker, defined in the bill, to develop, implement, and maintain a comprehensive information security program that includes certain features and technical elements. The bill also requires a data broker operating in the Commonwealth, beginning on December 1, 2027, and annually thereafter, to register with the Secretary of the Commonwealth. The bill provides that a violation of its provisions constitutes a prohibited practice under the Virginia Consumer Protection Act. The bill has a delayed effective date of July 1, 2027.

Michelle Lopes MaldonadoDemocrat

Artificial Intelligence Chatbots Act; established, prohibited practices, penalties.

Artificial Intelligence Chatbots Act established; prohibited practices; penalties. Creates the Artificial Intelligence Chatbots Act, which prohibits an operator from making a companion chatbot, as those terms are defined in the bill, available to a user in the Commonwealth unless the companion chatbot is incapable of certain actions specified in the bill. The bill also requires an operator of a companion chatbot to include a disclaimer to users of all ages that a companion chatbot is not a human via a static, persistent disclosure and notify a user via a pop-up that he is not engaging with a human counterpart at specified intervals. The bill makes it unlawful for any operator of a companion chatbot to operate or provide a companion chatbot to a user unless such companion chatbot contains a protocol to take reasonable efforts for detecting and addressing expressions of suicidal ideation or self-harm by a user to the companion chatbot. The bill also includes certain data privacy and transparency requirements. The bill provides that a violation of its provisions constitutes a prohibited practice under the Virginia Consumer Protection Act.

Michelle Lopes MaldonadoDemocrat

Forfeiture of certain weapons; petition for return by Commonwealth.

Forfeiture of certain weapons; petition for return by Commonwealth. Permits the attorney for the Commonwealth to petition a court for the return of a weapon to its lawful owner where such weapon was used by any person in the commission of a criminal offense and forfeited to the Commonwealth by order of the court.

Mike A. CherryRepublican

Property Owners' Association Act; disclosure requirements, declarant control.

Property Owners' Association Act; disclosure requirements; declarant control. Requires a declarant who has any unexpired right to control the conduct of business of a property owners' association, once the majority of the members of the board of directors other than the declarant are owners of improved lots in the association, to disclose such rights and the status of the declarant's control in any contract for the sale of any lot in the association other than for development or resale. This bill is a recommendation of the Virginia Housing Commission.

Jr. Robert S. BloxomRepublican

Teacher Recruitment and Retention Mentorship Pilot Program; established, report, sunset.

Department of Education; division superintendents; Teacher Recruitment and Retention Mentorship Pilot Program established; administration; report. Directs the Department of Education (the Department), in coordination with the Virginia Association of School Superintendents, to establish and administer the Teacher Recruitment and Retention Mentorship Pilot Program (the Program) for the purpose of supporting division superintendents of school divisions with high teacher vacancy rates in improving teacher recruitment and retention in such school division by coordinating the establishment of mentorships whereby a division superintendent of a low vacancy-rate school division is connected with a division superintendent of a high vacancy-rate school division to provide mentorship in developing and implementing plans, strategies, and best practices for improving teacher vacancy rates in the high vacancy-rate school division. The bill directs the Department, in coordination with the Virginia Association of School Superintendents, to implement policies and procedures for the establishment and administration of the Program, including policies for coordinating such mentorships, encouraging participation of division superintendents in the Program, and for Program oversight. The bill directs each division superintendent mentorship pair participating in the Program to annually submit to the Department a report on their activities for the preceding school year and any recommendations relating to improving the effectiveness of mentorships under the Program. Finally, the bill directs the Department to submit to the Governor and the Chairs of the House Committee on Education and the Senate Committee on Education and Health by November 1 of each year a report on the activities of the Program for the preceding school year. The bill has an expiration date of July 1, 2029.

Laura Jane CohenDemocrat

Zoning; development and use of accessory dwelling units.

Zoning; development and use of accessory dwelling units. Requires a locality to include in its zoning ordinances for single-family residential zoning districts accessory dwelling units, or ADUs, as defined in the bill, as a permitted accessory use. The bill requires a person to seek a permit for an ADU from the locality, requires the locality to issue such permit if the person meets certain requirements enumerated in the bill, and restricts the fee for such permit to $500 or less. The bill prohibits the locality from requiring (i) construction of new dedicated parking for an ADU in most instances; (ii) setbacks for the ADU more than five feet from the property line; (iii) conditions for ADUs that are more restrictive than those for single-family dwellings within the same zoning area with regard to height, rear or side setbacks, lot size or coverage, or building frontage; or (iv) consanguinity or affinity between the occupants of the ADU and the primary dwelling. The bill has a delayed effective date of July 1, 2027.

Laura Jane CohenDemocrat

Income tax, corporate; sourcing of sales, other than sales of tangible personal property.

Corporate income tax; sourcing of sales, other than sales of tangible personal property. Implements market-based corporate income tax sourcing for attributing sales, other than sales of tangible personal property, to Virginia, beginning with taxable year 2027.

Joseph P. McNamaraRepublican

Aggregate air pollution; Department of Environmental Quality to study, data center generators.

Department of Environmental Quality; study of aggregate air pollution; data center generators; report. Directs the Department of Environmental Quality to conduct a three-year study to research and model a variety of scenarios regarding aggregate air pollution in areas with a large volume of data centers and provide recommendations for future handling of minor air permits for data center generators and the need for increased air quality monitoring in the Commonwealth. The Department is directed to report its findings and any recommendations to the Chairs of the Senate Committee on Agriculture, Conservation and Natural Resources and the House Committee on Agriculture, Chesapeake and Natural Resources and the Secretary of Natural and Historic Resources by October 1, 2029.

Amy J. LauferDemocrat

Specialty civil court dockets; business and complex litigation dockets established.

Specialty civil court dockets; business and complex litigation dockets established; criteria for eligible actions. Establishes a specialty docket, known as the business and complex litigation docket, to assist circuit courts with certain civil actions that involve specialized legal issues, complex contexts, intricate transactions, multiple parties, or other complicating factors. The bill provides that for an action to be eligible to be considered for a business and complex litigation docket, the action shall (i) present special complexity, including specialized issues or acute litigation management needs, and (ii) fall into one or more of several enumerated categories of civil actions. The bill also requires that such eligible action has a minimum amount in controversy of $100,000. The bill also enumerates several types of civil actions that are ineligible for such specialty docket but creates an exception for any such action that demonstrates extraordinary circumstances that would require specialized docket management. The bill creates a process by which counsel for any party or the circuit court judge initially assigned to an eligible action may request that the matter be transferred to the specialty docket and directs the Office of the Executive Secretary of the Supreme Court of Virginia, in collaboration with the Chief Justice of the Supreme Court of Virginia and the Specialty Docket Advisory Committee studying business and complex litigation dockets, to establish any rules or procedures as necessary for the transfer of such eligible actions.

Rodney T. WillettDemocrat

Data centers; policy of the Commonwealth.

Policy of the Commonwealth; data centers. Provides that it is the policy of the Commonwealth to encourage the responsible operation of data centers in the Commonwealth while supporting grid reliability, affordability, and the deployment of renewable resources. The bill provides that in furtherance of this policy, the Commonwealth shall (i) promote coordination between data centers, state agencies, and regional grid operators to share information on energy usage, interconnection timelines, and barriers to rapid deployment of renewable and flexible energy resources; (ii) incentivize data centers to participate in demand response programs, implement energy storage and management systems, and leverage automated technologies to reduce peak demand and support grid stability; (iii) encourage flexible energy practices that allow data centers to adjust energy consumption in real time in alignment with available renewable generation; (iv) ensure large-scale data centers pay their fair share of infrastructure investments, mitigating impacts on residential and small business ratepayers; (v) require data centers to report water and aggregated energy usage, sustainability measures, and participation in grid support programs to appropriate state and federal agencies; and (vi) promote cybersecurity, physical security, and supply chain security measures to protect Virginia data center operations from foreign adversary access or compromise.

Shelly A. SimondsDemocrat

All-terrain vehicles (ATVs); operation on highways in certain localities.

All-terrain vehicles; operation on highways in certain localities. Authorizes the operation of all-terrain vehicles in Giles County and Pulaski County on highways designated by such counties, provided that certain conditions are met. The bill provides certain requirements for the operation of all-terrain vehicles on such designated highways.

Jason S. BallardRepublican

Student literacy programs and plans; certain adjustments.

Student literacy programs and plans; certain adjustments. Prohibits any Department of Education-approved student literacy screener that is administered to identify deficiencies that warrant reading intervention services for students in grades kindergarten through eight from commencing earlier than the tenth full instructional day of the academic year, and requires the testing window established by the Department to extend no fewer than 15 full instructional days to ensure adequate instructional readiness and equitable access. The bill requires (i) the Department's template for student reading plans to (a) auto-populate all available student data from the results on the literacy screener provided by the Department; (b) minimize duplicative manual data entry; (c) authorize the use of standardized instructional profiles for students presenting substantially similar literacy needs, where appropriate; and (d) permit the batch creation of plans when it is appropriate to the instructional context; (ii) the Department to annually compile, in a de-identified format, themes and trends reported through division-level educator feedback mechanisms related to the implementation of the literacy screeners provided by the Department and the development of reading plans; and (iii) prior to the statewide implementation of any substantial modification to the literacy screeners provided by the Department or associated data systems, the Department to conduct an implementation feasibility analysis that assesses system readiness, teacher workload impact, and anticipated training needs. The bill also establishes several new requirements for divisionwide literacy plans.

Bonita G. AnthonyDemocrat

Personal property taxation; establishes classification for major energy consumer equipment upgrades.

David A. ReidDemocrat

Administrative Process Act; appeals of case decisions regarding benefits sought, limitations.

Administrative Process Act; exemptions; limitations; appeals of case decisions regarding benefits sought. Specifies that the Administrative Process Act applies to case decisions regarding the grant or denial, including determinations of eligibility and approved levels of service, of Temporary Assistance for Needy Families, Medicaid, Supplemental Nutrition Assistance Program benefits, general relief, auxiliary grants, or state-local hospitalization. The bill also removes provisions limiting review of case decisions to ascertaining whether there was evidence in the agency record to support the case decision of the agency.

Patrick A. HopeDemocrat

Nondegree workforce training programs; accreditation.

Department of Workforce Development and Advancement; accreditation of nondegree workforce training programs. Directs the Department of Workforce Development and Advancement to establish an accreditation pathway for nondegree workforce training programs in order to align the skills of the Commonwealth's workforce with the needs of industry in the Commonwealth and to provide a workforce entrance pathway for underserved populations in the Commonwealth. The bill includes minimum standards, admissions requirements, and reporting requirements for such programs. Additionally, the bill includes provisions related to the eligibility of accredited programs for state and federal workforce funding, including the federal Workforce Pell Grant.

Jessica L. AndersonDemocrat

Uniform Health Care Decisions Act; civil penalty.

Uniform Health Care Decisions Act; civil penalty. Repeals most provisions of the Health Care Decisions Act and enacts the Uniform Health Care Decisions Act. The bill creates a process for the execution of advance health care directives, as defined in the bill; establishes criteria for determining the capacity of an individual to make health care decisions; provides for the establishment of a default surrogate in the absence of an appointed agent for health care decisions; establishes powers and duties of agents appointed by powers of attorney for health care; and establishes duties of health care professionals.

Patrick A. HopeDemocrat

Abortion; born alive infant, treatment and care, penalty.

Abortion; born alive infant; treatment and care; penalty. Requires every health care provider licensed by the Board of Medicine who attempts to terminate a pregnancy to (i) exercise the same degree of professional skill, care, and diligence to preserve the life and health of a human infant who has been born alive following such attempt as a reasonably diligent and conscientious health care practitioner would render to any other child born alive at the same gestational age and (ii) take all reasonable steps to ensure the immediate transfer of the human infant who has been born alive to a hospital for further medical care. A health care provider who fails to comply with the requirements of the bill is guilty of a Class 4 felony and may be subject to disciplinary action by the Board. The bill also requires every hospital licensed by the Department of Health to establish a protocol for the treatment and care of a human infant who has been born alive following an attempt to terminate a pregnancy and for the immediate reporting to law enforcement of any failure to provide such required treatment and care.

Karen HamiltonRepublican

Zoning; agricultural operations, rental of accessory dwellings.

Zoning; agricultural operations; rental of accessory dwellings. Provides that no locality shall prohibit the rental for 30 days or more of existing accessory residential dwellings located on property with an agricultural operation. The bill does not apply to areas within a town.

John Chilton McAuliffDemocrat

Electric utilities; cost recovery, costs substantially related to serving data center customers.

Electric utilities; cost recovery; costs substantially related to serving data center customers. Prohibits the recovery of costs incurred by an electric utility that (i) are substantially related to the provision of electric service to data center customers and (ii) would not have been incurred but for the demand of such data center customers from being included in any rates or charges approved by the State Corporation Commission under current law, unless such rates and charges are designed to recover, or substantially recover, such costs solely from data center customers. Under the bill, "data center customers" are data centers with a peak demand of 100 megawatts or greater.

John Chilton McAuliffDemocrat

New state park; Dept. of Conservation & Recreation to acquire prop. to establish in Loudoun County.

Department of Conservation and Recreation; acquisition of property to establish a state park; Loudoun County. Allows the Department of Conservation and Recreation to acquire from the Conservation Fund approximately 1,240 acres of real property and any buildings or structures thereon between Little River Turnpike, James Monroe Highway, and Tail Race Road, known as Oak Hill Farm, in Loudoun County for the purpose of establishing and operating a state park on such property. This bill incorporates HB 239.

John Chilton McAuliffDemocrat

Income tax, state; tax credit for certain small businesses.

Income tax; tax credit for certain small businesses. Establishes a one-time, nonrefundable tax credit for taxable years 2026 through 2030 for eligible small businesses, as defined in the bill, equal to $2,500. The bill limits the total aggregate amount of small business credits claimed to $5 million per taxable year.

John Chilton McAuliffDemocrat

Absentee voting; ballots received, marked, and cast electronically through the Internet.

Elections; absentee voting; accessibility; ballots received, marked, and cast electronically through the internet. Requires the Department of Elections to make available to all localities a tool to allow a voter with a visual impairment or print disability or a covered voter to receive, mark, and return his absentee ballot electronically through the internet. The bill makes the tool available through the internet in lieu of other currently available assistive technologies.

Patrick A. HopeDemocrat

School boards; mental health awareness training for full-time school bus drivers.

School boards; mental health awareness training; full-time school bus drivers. Permits any school board to require each school bus driver employed on a full-time basis in the local school division to complete mental health awareness training at least once. The bill requires the Department of Behavioral Health and Developmental Services to consider condensing and abbreviating the existing mental health first aid training program into a two-hour module that any school board may utilize in order to train full-time school bus drivers.

Elizabeth R. GuzmanDemocrat

Pari-mutuel wagering; historical horse racing, percentage retained for distribution.

Pari-mutuel wagering; historical horse racing; percentage retained for distribution. Provides that with respect to all authorized historical horse racing terminals, of the amount that a horse racing licensee retains from wagering on historical horse racing pools and in addition to the current distribution required under law, 0.0125 percent each shall be distributed to the Shenandoah County Agricultural Foundation and the Great Meadow Foundation to support the promotion, education, maintenance, and safety of horse racing at such facilities.

David A. ReidDemocrat

Children's Cabinet; established, report.

Children's Cabinet established; report. Establishes the Children's Cabinet to advise the Governor on matters pertaining to children in the Commonwealth and ways to improve their health, safety, and well-being.

Jen Kiggans - to resign 12/31Republican

Norfolk, City of; Marine Resources Commission to convey easement for certain property.

State-owned bottomlands; Marine Resources Commission; conveyance of certain easements to City of Norfolk; Coastal Storm Risk Management Program. Allows the Marine Resources Commission to convey to the City of Norfolk, in locations acceptable to the Commission, permanent easement interests, temporary construction easements, and fee simple interests in subaqueous land that are necessary for the City’s Phase I drawings, defined in the bill, pursuant to quitclaims. The bill also allows the Commission to quitclaim to the City any interest that the Commonwealth may have in and to the property known as Newton Canal, a/k/a Mahone's Canal, a/k/a Brambleton Canal, which property is located within the boundaries of City of Norfolk GPIN 1437339770.

Jen Kiggans - to resign 12/31Republican

Medicaid waivers; consumer-directed services, employer of record.

Department of Medical Assistance Services; Medicaid waivers; consumer-directed services; employer of record. Directs the Department of Medical Assistance Services (DMAS) to modify the program rules for consumer-directed services available through certain Medicaid waivers to allow an individual receiving services to serve as the employer of record (EOR) for his own service delivery and designate another individual to perform all or a portion of the duties of the EOR on the individual's behalf when the individual receiving services is unable to perform such duties or direct his own care. The bill specifies that when an individual (i) has not yet reached the age of majority, (ii) is ineligible to use his existing employer identification number (EIN) to facilitate the taxation of benefits, or (iii) is otherwise determined to be ineligible by DMAS by administrative rule, the EIN shall be assigned to the individual receiving services and shall not be transferred to another individual. Under the bill, DMAS has the authority to limit such amendments to specify that an individual receiving services may make such designation no more than twice per calendar year.

Laura Jane CohenDemocrat

Housing and Community Development, Department of; powers and duties of director.

Department of Housing and Community Development; powers and duties of director; accessory dwelling unit construction guide. Requires the director of the Department of Housing and Community Development to develop an accessory dwelling unit construction guide that provides (i) an overview of the accessory dwelling unit construction process; (ii) a review of ordinances, permits, fees, programs, and incentives related to accessory dwelling unit development by locality; and (iii) a catalog of model accessory dwelling unit designs suitable for various local restraints. Such guide shall be updated at least every five years.

Laura Jane CohenDemocrat

Virginia Freedom of Information Act; definitions, meetings, quorum and electronic communication.

Virginia Freedom of Information Act; definitions; meetings; quorum and electronic communication. Amends the definition of "meeting" for purposes of the Virginia Freedom of Information Act such that any assemblage of a quorum of the constituent membership of a public body constitutes a meeting. Under current law, as many as three members or a quorum, if less than three, of the constituent membership of a public body constitutes a meeting. The bill additionally authorizes members of a public body participating through electronic communication in a meeting in which other members are participating in person to count toward the quorum as if the individual were physically present, should such member's physical absence be due to an approved cause of absence.

Laura Jane CohenDemocrat

Land records; certain financing statements, recording and indexing fees.

Land records; certain financing statements; recording and indexing fees. Sets forth the fees that a clerk of the circuit court shall charge for recording and indexing a multipurpose deed of trust or mortgage, described in the bill as a deed of trust or mortgage, whether or not commercial, that serves multiple purposes and contains two or more components that may serve as independent legal instruments for independent legal purposes. The bill provides that no clerk of a circuit court shall assess separate recording and indexing fees for such multipurpose deed of trust or mortgage unless the person presenting such document or instruments requests that such document or instruments be recorded and indexed in more than a single instance. The bill also provides that no recordation tax shall be required of a quitclaim deed or deed to correct a fraudulently recorded deed, including a deed of trust, between a grantor and grantee when no consideration has passed between the parties.

Marcus B. SimonDemocrat

Local government or board of zoning appeals land use decisions; third-party standing requirements.

Contesting local governing body or board of zoning appeals land use decisions; third-party standing requirements. Creates standing for any person who does not have an ownership interest in the property that is the direct subject of a local governing body or board of zoning appeals action if such person has alleged with particularity and proven by clear and convincing evidence that he (i) has an immediate, pecuniary, and substantial interest in the litigation, and not a remote or indirect interest; (ii) owns or occupies real property within or in close proximity to the property that is the subject of the land use determination; and (iii) has suffered (a) a particularized harm to a personal or property right, legal or equitable, or (b) an imposition of a burden or obligation different from that suffered by the general public. The bill clarifies that such standing requirements do not apply to any person who has an ownership interest in the property that is the direct subject of the decision of the local governing body or the board of zoning appeals.

Marcus B. SimonDemocrat

Judicial Inquiry and Review Commission; reform, increases membership.

Judicial Inquiry and Review Commission; reform. Increases from seven to 12 the number of members of the Judicial Inquiry and Review Commission (the Commission) by adding two additional attorney members, an additional active judge of the Court of Appeals of Virginia, and two additional citizen members. The bill provides that such attorney members be chosen by members of the General Assembly from recommendations provided by the Council of the Virginia State Bar, the Board of Directors for the Virginia Association of Commonwealth's Attorneys, and the Board of Directors for the Virginia Association of Criminal Defense Lawyers, and reduces the required years of practice for such lawyer members from 15 to eight. The bill establishes an initial and subsequent annual training requirement for each member and any newly hired counsel for the Commission. Additionally, the bill requires the Commission to adopt and implement a conflict of interest policy. The bill clarifies appointment powers of the Governor in any case where a member of the Commission or staff for the Commission is disqualified from or voluntarily recuses himself from participation in a proceeding. Further, the bill requires the Commission to adopt, the Committees for Courts of Justice to approve, and the Commission to make publicly available a Code of Conduct for all Commission members and Commission staff. The bill provides that the Commission shall make all reasonable efforts to contact any witnesses specified in complaints alleging judicial misconduct to assist the Commission. Further, the bill clarifies that the Commission may investigate any complaints within their purview arising out of matters that are pending or on appeal, and that the Commission shall not dismiss such complaints solely on the basis that the matter from which such complaint arose is pending or on appeal. The bill requires the Commission to make publicly available a publication specifying all possible sanctions, informal disciplinary actions, and supervision agreements the Commission may impose on a judge who is the subject of a complaint and provides an option for requiring the mandatory recusal of such judge in certain instances. The bill prohibits the Attorney General from acting as counsel in any proceeding where the Attorney General was involved in a case, either at trial or on appeal, where a complaint of judicial misconduct arose from such case, and provides that the Conflict of Interest policy the Commission adopts shall govern the Attorney General. The bill removes provisions of confidentiality for a complainant that currently bars a complainant from discussing or sharing privileged information regarding any filed complaint and permits such complainant to discuss publicly the filing of a complaint and any associated events relating to the complaint. The bill clarifies notice requirements to the complainant by the Commission. Finally, the bill permits the Office of the Executive Secretary of the Supreme Court of Virginia to provide the annual judicial performance evaluations for all judges subject to evaluation to the Commission, and such evaluations shall remain confidential.

Patrick A. HopeDemocrat

High school graduation requirements; alternative pathway to standard diploma established, report.

High school graduation requirements; alternative pathway to standard diploma established; report. Requires the Board of Education to (i) establish pursuant to regulation an alternative pathway to the standard diploma for any student with a disability whose individualized education program indicates that the student demonstrates the knowledge and skills necessary to achieve the standard diploma but requires significant instructional, course sequencing, or assessment accommodations or modifications in order to do so and (ii) take all steps necessary to ensure that such pathway and the Applied Studies diploma are, to the maximum extent practicable, treated as a standard diploma for the purpose of eligibility for enrollment at an institution of higher education in the Commonwealth, eligibility for the Free Application for Federal Student Aid (FAFSA) and federal financial aid programs, consideration for military service enlistment opportunities, and consideration for state employment opportunities that require a standard diploma. The bill requires the Department of Education to report annually to the Governor and the General Assembly on the implementation of such alternative pathway to the standard diploma, including the number of students utilizing such alternative pathway and the postsecondary outcomes of such students.

Destiny LeVere BollingDemocrat

Posting of building permit; identification of mechanics' lien agent.

Posting of building permit; identification of mechanics' lien agent. Requires a building permit issued pursuant to the Uniform Statewide Building Code to be conspicuously and continuously posted on the property for which the permit is issued until all work is completed on the property. The bill further provides that no person may claim a lien or otherwise perfect and enforce a lien if such person fails to notify any mechanics' lien agent identified on such building permit. The bill requires a person performing labor or furnishing materials on which a building permit is not posted at the time he first performs his labor or first furnishes his material or, if posted, does not state the name of the mechanics' lien agent, to determine whether a permit has been issued, the date on which it is issued, and the name of the mechanics' lien agent, if any, that has been appointed. Under current law, these specifications are limited to one or two-family dwelling units.

Marcus B. SimonDemocrat

Eminent domain; condemnation of public waterworks systems, determination of lost profits.

Eminent domain; condemnation of public waterworks systems; determination of lost profits. Requires the body determining just compensation in a condemnation proceeding initiated by a locality for the taking of a waterworks system to consider in its determination of lost profits the difference between the rates, fees, and charges for water service provided by (i) the condemning locality or authority and (ii) the owner on the date of valuation. The bill requires, upon the petition of any party or upon the request of the court, that such determination of lost profits be commensurately reduced to the extent that the body determining just compensation and the court find to be just and reasonable.

Nicole ColeDemocrat

Public utilities; reopening rate case in certain instances.

Public utilities; reopening rate case in certain instances. Provides that if an application is filed with the State Corporation Commission for approval of the acquisition or disposition of control involving a public utility and such application is filed within 24 months after the entry of a final order in a rate increase proceeding, the Commission may, on its own initiative or upon petition of any interested person, reopen such rate increase proceeding.

Nicole ColeDemocrat

Pawpaw (Asimina triloba); designating as official state fruit.

Official emblems and designations; state fruit; pawpaw. Designates the pawpaw fruit (Asimina triloba) as the official state fruit.

Elizabeth R. GuzmanDemocrat