Bills & Legislation

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

Emergency custody orders; transportation to treatment center, etc.

Emergency custody orders; transportation to treatment center or to residence of the person subject to emergency custody order. Provides that transportation provided pursuant to an emergency custody order shall include, upon completion of emergency medical evaluation or treatment, transportation to an approved treatment center or to the residence of the person subject to the emergency custody order.

Joseph P. McNamaraRepublican

Surveillance pricing; prohibited, civil penalties.

Surveillance pricing; prohibited; civil penalties. Prohibits the use of surveillance pricing in connection with a consumer transaction. The bill defines "surveillance pricing" as the selling or offering for sale of a good or service at a customized price for a specific consumer or group of consumers that is based, in whole or in part, on personal data that is collected through electronic surveillance technology, regardless of whether the seller collected or purchased the personal data. The bill provides that a violation of its provisions constitutes a prohibited practice under the Virginia Consumer Protection Act.

Karen Keys-GamarraDemocrat

RS and UT; food purchased for human consumption and essential personal hygiene products.

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 beginning on July 1, 2026. 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.

Joseph P. McNamaraRepublican

Surplus real property; prioritization of disposition for affordable and middle-income housing.

Surplus real property; prioritization of disposition for affordable and middle-income housing. Requires the Department of General Services to determine whether, following an offer of surplus property to the chief administrative officer of the locality within which the surplus property is located, as well as to any economic development entity for such locality, such surplus property is suitable for the development of affordable housing, as defined by the bill. If the Department so determines, the bill provides that such property shall be offered for at least 90 days exclusively to eligible organizations, as defined by the bill, for the purpose of developing affordable housing, provided that the terms of the disposition include a recorded covenant to provide affordable housing for at least 30 years. The bill also requires the chief administrative officer of each locality to prepare and maintain an inventory of all real property within its jurisdiction to which the locality holds fee simple title and that the locality has determined to be feasible for the development of affordable and middle-income housing. If the governing body of a locality chooses to dispose of such a property, such property shall be offered for at least 90 days exclusively to public or private entities, for the purpose of developing affordable and middle-income housing, through purchase, lease, exchange, or donation in return for a recorded covenant to provide affordable housing for at least 30 years.

Debra D. GardnerDemocrat

Little bluestem (Schizachyrium scoparium); designating as the official state grass.

Official emblems and designations; state grass; little bluestem. Designates little bluestem (Schizachyrium scoparium) as the official state grass.

Holly M. SeiboldDemocrat

FOIA; officers, employees, or members of a public body, alleged willful and knowing violations.

Virginia Freedom of Information Act; officers, employees, or members of a public body; alleged willful and knowing violations; mitigating factors to be considered. Specifies that civil penalties may only be imposed on officers, employees, or members of a public body in actions brought against them in their individual capacity for certain violations of the Virginia Freedom of Information Act. The bill further requires a court, when determining whether an officer, an employee, or a member of a public body has committed certain violations of the Virginia Freedom of Information Act willfully and knowingly, to consider certain mitigating factors, including good faith reliance on (i) opinions of the Attorney General; (ii) court cases substantially supporting such officer's, employee's, or member's actions; (iii) advisory opinions of the Virginia Freedom of Information Advisory Council; and (iv) advice of counsel for the public body, as evidence that such officer, employee, or member did not willfully and knowingly commit such violation. Current law provides any officer, employee, or member of a public body the right to introduce at any proceeding regarding such willful and knowing violation a copy of a relevant advisory opinion issued by the Virginia Freedom of Information Advisory Council. This bill is a recommendation of the Boyd-Graves Conference.

Marcus B. SimonDemocrat

Public campaign financing; counties and cities may establish for certain offices.

Public campaign financing; counties and cities may establish for certain offices. Authorizes the governing body of a county or city to establish by ordinance a system of public campaign financing for elected local offices. The bill specifies certain requirements for a system of public campaign financing established by a governing body, including the provision of a public election fund to be administered by the treasurer of the county or city. A system of public campaign financing established by a county or city is permitted to more stringently regulate the campaign finance activity of participating candidates and shall be subject to regulation and oversight by the State Board of Elections to ensure its conformity with state law and policy to the extent practicable.

Marcus B. SimonDemocrat

Noise ordinances; removes exemption for industrial property, civil penalties.

Noise ordinances; industrial property; civil penalties. Removes the exemption for noise generated in connection with the business being performed on industrial property from being subject to civil penalties for violations of local noise ordinances.

Joshua E. ThomasDemocrat

General district courts; jurisdictional limits relating to motor vehicle accidents.

General district courts; jurisdictional limits; motor vehicle accidents. Provides that general district courts of the Commonwealth shall have jurisdiction over actions for bodily injury to or death of a person caused by a motor vehicle accident for an amount in controversy not to exceed $50,000, exclusive of interest, costs, and any prior settlement made pursuant to a motor vehicle owner's insurance policy.

Kelly K. Convirs-FowlerDemocrat

Middle Eastern and North African Advisory Board; established, sunset.

Middle Eastern and North African Advisory Board established. Establishes the Middle Eastern and North African Advisory Board in the executive branch for the purpose of advising the Governor on ways to develop economic, professional, cultural, educational, and governmental links between the Commonwealth and the Middle Eastern and North African community in Virginia. The bill provides for the expiration of the advisory board on June 30, 2029.

Atoosa R. ReaserDemocrat

Kei vehicles; operation and requirements.

Kei vehicles; operation and requirements. Prohibits kei vehicles, as defined in the bill, from being operated on any limited access highway, interstate highway, or highway with a posted speed limit of 55 miles per hour or more. The bill provides for the licensing and registration of kei vehicles by the Department of Motor Vehicles. The bill prohibits localities from placing certain restrictions on kei vehicles and prohibits the imposition of liability for motor vehicle dealers for any damages that are directly or indirectly attributable to the sale of a kei vehicle that was not manufactured in accordance with federal safety standards. The bill directs the State Air Pollution Control Board to develop and adopt emissions inspection standards for kei vehicles and directs the Superintendent of State Police to promulgate any regulations necessary for conducting safety inspections of kei vehicles.

Michael B. FeggansDemocrat

Elections; districts, precincts, and polling places, pilot program for super precincts.

Elections; districts, precincts, and polling places; super precincts; pilot program. Authorizes the State Board of Elections to conduct a pilot program under which one or more counties or cities with a population of more than 350,000 and less than 400,000 in the most recent United States census whose proposal for participation in such pilot program is unanimously approved by the State Board would be permitted to use super precincts in elections. The bill requires the governing body of a county or city applying to participate in the pilot program to submit a plan for participation that includes (i) the number of super precincts to be established in the county or city and the boundaries of each such super precinct, (ii) the number of vote centers to be established in each super precinct and the location of each such vote center, (iii) the elections during which such super precincts and vote centers are to be used, and (iv) a description of the process for operating such vote centers on election day, including how voters will be checked in, how ballots will be provided, how votes will be counted, and any additional voting systems that will be used to ensure the integrity of the election. The bill defines "super precinct" as the territory established by a county or city and approved by the State Board pursuant to the pilot program, to be served by one or more vote centers, and "vote center" as the structure that contains a place provided for a super precinct at which the qualified voters who are residents of the super precinct may vote in an election. The bill contains minimum criteria for any proposal for participation in the pilot program. The bill requires the State Board report on the implementation and effectiveness of the pilot program by December 1 of any year in which one or more localities participate in the pilot program. The bill has an expiration date of July 1, 2030.

Debra D. GardnerDemocrat

Admission to bail; fixing terms of bail, mental health considerations.

Admission to bail; fixing terms of bail; mental health considerations. Requires the judicial officer, prior to conducting any hearing on the issue of bail, release, or detention, to obtain the person's criminal history and any emergency custody or temporary detention order or involuntary admission issued for such person. The bill also requires the judicial officer to consider any emergency custody or temporary detention order or involuntary admission issued for the person when determining admission to bail. Lastly, the bill requires the judicial officer to take into account the following factors in fixing the terms of bail if such person is admitted to bail: (i) whether the person is likely to obstruct or attempt to obstruct justice, or threaten, injure, or intimidate, or attempt to threaten, injure, or intimidate a family or household member as defined in relevant law; (ii) the history of the accused or juvenile, including medical, mental health, including any emergency custody or temporary detention order or involuntary admission issued pursuant to relevant law, or substance abuse treatment; (iii) any evidence the person provided indicating that such person (a) is currently pregnant, (b) has recently given birth, or (c) is currently nursing a child; and (iv) whether such person will be an unreasonable danger to himself, family or household members as defined in relevant law, or the public.

Debra D. GardnerDemocrat

Corporate welfare tax; imposes on large employers a tax equal to 100% of qualified employee benefit.

Corporate welfare tax. Imposes on large employers, as defined in the bill, a corporate welfare tax equal to 100 percent of the qualified employee benefits received by any employees of such large employer residing in the Commonwealth. The bill directs the Department of Taxation to obtain identifying data for individuals receiving qualified federal benefits, as defined by the bill, from the Department of Social Services pursuant to an interagency agreement and to compare such data to employment rosters received quarterly from large employers to determine the amount of qualified federal benefits received by employees of such large employers. The bill also prohibits an employer, in connection with the selection or referral of applicants or candidates for employment, to make inquiries or otherwise seek information relating to whether such applicant receives qualified federal benefits.

Joshua G. ColeDemocrat

Assault and battery; creates Class 6 felony for serious bodily injury.

Assault and battery; serious bodily injury; penalty. Creates a Class 6 felony for any person who commits an assault and battery that results in serious bodily injury, as defined in relevant law, but does not rise to the level of the current offenses of unlawful or malicious wounding. The bill adds such new offense to the list of violent felony offenses for the purposes of the discretionary sentencing guidelines.

Vivian E. WattsDemocrat

Motorized mobility vehicles; established as a new class of vehicle, civil penalties.

Motorized mobility vehicles; civil penalties. Establishes a new class of vehicle, the motorized mobility vehicle, as defined in the bill, and establishes requirements for the sale, operation, registration, and titling of such vehicles. The bill requires the Department of Motor Vehicles to establish regulations governing motorized mobility vehicle safety training courses and to implement an educational outreach program to inform the public about the requirements of the bill. The bill, other than the educational outreach program, has a delayed effective date of July 1, 2027.

David A. ReidDemocrat

Local anti-rent gouging authority; civil penalty.

Local anti-rent gouging authority; civil penalty. Provides that any locality may by ordinance adopt anti-rent gouging provisions. The bill provides for notice and a public hearing prior to the adoption of such ordinance and specifies that all landlords who are under the ordinance may be required to give at least 90 days' written notice of a rent increase and cannot increase the rent by more than the locality's calculated allowance, not to exceed three percent, and states that such allowance is effective for a 12-month period beginning July 1 each year. The bill requires the locality to publish such allowance on its website by June 1 of each year. Certain facilities, as outlined in the bill, are exempt from such ordinance. The bill also requires a locality adopting an anti-rent gouging ordinance to establish an anti-rent gouging board to establish rules and procedures by which landlords may apply for and be granted exemptions from the rent increase limits set by the ordinance or delegate such duties and functions to an existing local board, department, or agency. The bill also requires the anti-rent gouging board to establish a fair return on investment rent increase exemption to the annual anti-rent gouging allowance where necessary to offset increased operating expenses. Finally, the bill provides that a locality shall establish a civil penalty for failure to comply with the requirements set out in its ordinance.

Nadarius E. ClarkDemocrat

Assisted living facilities; resident referral agencies, required disclosures.

Assisted living facilities; resident referral agencies; required disclosures; referral fee limitations; civil penalty. Sets forth requirements for resident referral agencies, defined in the bill as any individual or entity that receives compensation from an assisted living facility, a third party, or a prospective resident for providing resident referrals to an assisted living facility, including required disclosures, referral fee limitations, enforcement, and civil penalties. The bill provides that assisted living facilities and residents are not obligated to participate with any resident referral agency and specifies that residents may opt out at any time in writing. The bill also specifies the minimum services a resident referral agency must provide before becoming eligible to receive a referral fee.

Holly M. SeiboldDemocrat

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

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

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

Virginia Residential Landlord and Tenant Act; duties of landlord, mold remediation, civil penalty.

Virginia Residential Landlord and Tenant Act; duties of landlord; mold remediation; civil penalty. Provides that a tenant, authorized occupant, or guest or invitee of a tenant or authorized occupant may bring a personal injury or wrongful death action for exposure to mold arising from the condition within the interior of a dwelling unit or for any property damage claims arising out of the landlord-tenant relationship to recover (i) compensatory damages, including medical bills, lost wages, and injury to personal property; (ii) punitive damages; and (iii) reasonable attorney fees and costs, if the mold is caused solely by the gross negligence or willful misconduct of the landlord or managing agent. The bill also mandates a landlord to require a tenant to temporarily vacate the dwelling unit in order for the landlord to perform mold remediation in accordance with professional standards if it has been determined by a physician or other qualified medical professional and certified by a written medical statement that the mold condition in the dwelling unit materially affects the health or safety of the tenant or any authorized occupant.

Marcia S. "Cia" PriceDemocrat

State agencies; amdnt. of regulations pertaining to maximum temp. at which certain rooms may be kept.

State agencies; amendment of regulations pertaining to the maximum temperature at which certain rooms may be kept. Directs the Department of Social Services, the Department of Juvenile Justice, the Department of Behavioral Health and Developmental Services, the Department of Health, and the Department of Corrections to amend their regulations to provide that the maximum temperature at which certain rooms in facilities regulated by such agencies may be kept shall be no more than 77 degrees Fahrenheit.

Marcia S. "Cia" PriceDemocrat

Virginia Information Technologies Agency; powers of the CIO; creation of Cyber Civilian Corps.

Virginia Information Technologies Agency; powers of the CIO; creation of Cyber Civilian Corps. Allows the Virginia Information Technologies Agency (VITA) to select persons to serve as Virginia Cyber Civilian Corp (the Corps) volunteers and Corps advisors and deploy such volunteers to provide rapid response assistance under the direction of VITA upon request of a client affected by a cybersecurity incident, defined in the bill. The bill also establishes an advisory board within VITA to review and make recommendations regarding the creation and administration of the Corps. The bill instructs the Chief Information Officer to consult with the advisory board in decisions related to deployment of the Corps during cybersecurity incidents.

Michael B. FeggansDemocrat

Va.-specific postsecondary transition counselor certificate program; development and establishment.

State Council of Higher Education; Virginia-specific postsecondary transition counselor certificate program; development and establishment. Requires the State Council of Higher Education for Virginia to collaborate with the Council for Exceptional Children and its Division on Career Development and Transition (DCDT) and each public institution of higher education in the Commonwealth that has an education preparation program to develop and establish a Virginia-specific postsecondary transition counselor certificate program that is equivalent in rigor and quality to the National Certification in Transition Services offered by DCDT in order to facilitate the establishment of postsecondary transition counselor certificate programs at such institutions that would qualify for program approval by DCDT.

Amy J. LauferDemocrat

Eastern Daylight Time; Commonwealth shall observe year-round upon enactment by Congress, etc.

Time zone; permanent daylight saving time in the Commonwealth. Provides that the Commonwealth shall observe Eastern Daylight Time (Eastern Standard Time, advanced one hour) year-round upon the enactment by Congress of a law allowing states to observe Eastern Daylight Time year-round.

Joseph P. McNamaraRepublican

School breakfast; availability at no cost to students.

School breakfast; availability at no cost to students. Requires each school board to require each public elementary and secondary school in the local school division to participate in the federal National School Lunch Program and the federal School Breakfast Program administered by the U.S. Department of Agriculture and to make breakfast available to any student who requests such a meal at no cost to the student, unless the student's parent has provided written permission to the school board to withhold such a meal from the student. The bill clarifies that the provision of a breakfast by a school to a student at no cost to the student shall not be construed as creating a disincentive for the school or local school division to participate in the federal Community Eligibility Provision program. Additionally, the bill provides that schools shall maximize the number of students who participate in the school breakfast program by implementing one or more suggested service models to increase access to such program. The bill requires the Department of Education to reimburse each public elementary and secondary school for each eligible school breakfast served to a student, with a maximum of one reimbursable breakfast per student per school day, and provides the formula for determining the state reimbursement rate for such meals. Finally, the bill repeals a provision of law relating to the federal School Breakfast Program that is rendered obsolete by the provisions of the bill. This bill is a recommendation of the Virginia Commission to End Hunger.

Elizabeth B. Bennett-ParkerDemocrat