Virginia

Virginia Fire Personnel and Equipment Grant Program established; report. Establishes the Virginia Fire Personnel and Equipment Grant Program (the Program) for the purpose of awarding grants to localities to hire additional firefighters and to improve their firefighting and emergency medical services. The bill specifies that the Department of Fire Programs (the Department) shall administer the Program and two types of grants shall be made from the Program. The first shall provide grants to localities to increase the number of firefighters. Such grants shall be made for up to three years and shall be used by localities for programs to (i) hire new, additional full-time firefighters; (ii) convert part-time or volunteer firefighters to full-time firefighters; or (iii) recruit and retain volunteer firefighters. The second shall award grants to localities for improving firefighting and emergency medical services, including by acquiring firefighting and emergency medical services vehicles and equipment and modifying facilities. For both grants, the bill provides that funds shall not be used to supplant any funds currently provided by the Commonwealth or by the locality and shall be used to increase the total amount of funds available for the provision of firefighting or emergency medical services. The bill requires the Department to submit a report annually, beginning November 1, 2027, to the Governor and the General Assembly containing a list of grants, the amount of each approved grant, information on the performance assessment system that the bill directs the Department to create, an evaluation of each grant based on such system, and any other criteria deemed relevant by the Department.

Abolition of fees; legal representation of indigent defendant; jury trial costs; report. Eliminates the fees for the cost of court-appointed counsel or public defender representation for persons who are determined to be indigent. The bill also eliminates fees for persons who utilize a jury trial. The bill contains a reenactment clause for such elimination of fees.The bill also directs the Indigent Defense Commission, in consultation with the Executive Secretary of the Supreme Court or his designee, to convene a work group with all relevant stakeholders, including the Attorney General or his designee, the Secretary of Health and Human Resources or his designee; representatives from the Compensation Board, the Virginia Crime Commission, the Virginia Joint Legislative Audit and Review Commission, the Virginia Court Clerk's Association, the Virginia Association of Commonwealth's Attorneys, staff from the House Appropriations and the Senate Finance and Appropriations Committees, and the Virginia Probation and Parole Association; and a minimum of two criminal justice reform organizations working on fees and other financial assessments imposed in criminal prosecutions in Virginia; on several topics, including current collection practices, use of funds received as a result of such collections, and the burden of a fee assessment on indigent individuals. The bill requires the work group to submit an executive summary and report of its findings and recommendations to the Governor and the General Assembly by November 1, 2026, and a final report by November 1, 2027.

Workers' compensation; presumption of compensability for certain cancers. Expands the workers' compensation presumption of compensability for certain cancers causing the death or disability of certain employees who have completed five years of service in their position to include lung cancer and non-Hodgkin's lymphoma for any individual diagnosed with such a condition on or after July 1, 2027.

Institutions of higher education; Hunger-Free Campus Food Pantry Grant Program; establishment of student meal plan credit donation program. Renames the Hunger-Free Campus Food Pantry Grant Program, established pursuant to applicable law, as "the Hunger-Free Campus Grant Program" and amends the Program by expanding the criteria that a public institution of higher education or eligible private institution of higher education must satisfy to receive a designation as a "Hunger-Free Campus" and be awarded a grant under the Program to include a requirement that any such institution to establish both (i) an on-campus food pantry, pursuant to current law, and (ii) if such institution offers a meal swipe program or equivalent student meal swipe plan, a student meal credit sharing program, whereby students may voluntarily donate unused meal plan credits to be distributed for use by other students at campus dining halls or at its on-campus food pantry or to otherwise support its on-campus food pantry. The bill also requires grants awarded pursuant to the Program to be used to support on-campus efforts and initiatives to eliminate student food insecurity at such institution through the maintenance and operation of both its food pantry, pursuant to current law, and its student meal credit sharing program established in accordance with the bill.

Zoning; high-energy users; local authority. Permits the governing body of any locality to give consideration to the adverse impacts on the electric grid caused by high-energy users, as defined in the bill, and impacts resulting from new electric infrastructure in the design of zoning ordinances and the drawing of districts. The bill also permits the governing body of any locality in Planning District 8 to consider the current availability of electric energy against the expected annual electric energy consumption of high-energy users when evaluating land use applications and zoning amendments. Finally, the bill provides that any governing body considering such an application or amendment shall require a high-energy user seeking such application or amendment to provide information regarding the projected annual electric energy usage for the project prior to consideration.

Farm Equipment Right to Repair Act; Virginia Consumer Protection Act; penalties; civil action. Requires an original equipment manufacturer (OEM) of agricultural equipment, or parts for such equipment, to make available to owners of such equipment and to independent repair providers, on fair and reasonable terms, documentation, parts, and tools for purposes of diagnosis, maintenance, or repair of such equipment. The bill requires, for agricultural equipment that contains an electronic security lock or other security-related function, OEMs to make available to the owners of such equipment and to independent repair providers, on fair and reasonable terms, any special documentation, parts, and tools needed to disable such lock or function and to reset it when disabled. A violation of the bill's provisions is a prohibited practice under the Virginia Consumer Protection Act. Any person who suffers a loss as the result of a violation of the bill's provisions shall be entitled to initiate an action for an injunction to enforce such provisions. The bill applies with respect to agricultural equipment sold or in use in the Commonwealth on or after January 1, 2027.

Maternal Health Monitoring Pilot Program established; report. Directs the Department of Health to implement the Maternal Health Monitoring Pilot Program that provides for remote patient monitoring for maternal hypertension and maternal diabetes. The bill requires the Department to select a managed care organization and technology vendor to administer the Pilot Program and to submit a report to the Governor and General Assembly no later than 18 months after the first eligible participant is enrolled in the Pilot Program.

Public schools; school security and discipline; employment of school security officers; training requirements. Amends the requirements for the training course of which an individual employed as a school security officer is required to submit proof of completion to the Department of Criminal Justice Services in order to carry a firearm in the performance of his duties by (i) eliminating the requirement that such training course include training in active shooter emergency response and, instead, requiring it to include training in critical incident preparedness and response and (ii) clarifying that such training course include training in behavioral threat assessment.

School board chairmen and vice-chairmen; additional annual salary; amount. Permits any school board to pay (i) the chairman of the school board an additional annual salary not exceeding 30 percent of the base annual salary or $3,500, whichever is greater, and (ii) the vice-chairman of the school board an additional annual salary not exceeding 15 percent of the base annual salary or $1,750, whichever is greater. Current law caps school board chairmen's additional annual salary at $2,000 and is silent on additional annual salary amounts for school board vice-chairmen.

App Store Accountability Act; civil penalties; civil action. Requires an app store provider, defined in the bill, to verify the age category of an account holder, obtain verifiable parental consent for a minor account holder, and share such age category and consent information with the developer of an app, defined in the bill. The bill requires a developer to verify the age category of an account holder with a developer's app and notify app store providers of any significant change to a developer's app. The bill also requires a developer to provide a parental consent disclosure for each of its apps to each app store provider that makes the developer's app available on its app store, and such provider shall provide such disclosure on its app store. The bill allows the Attorney General and any minor or parent of a minor who suffers harm by reason of a violation of this bill to initiate an action. The bill has a delayed effective date of July 1, 2027.

Cloud Computing Cluster Infrastructure Grant Fund; reclaimed water usage. Requires data center operators applying for grant payments from the Cloud Computing Cluster Infrastructure Grant Fund to utilize reclaimed water, defined in the bill, for water-dependent cooling processes at data center and cloud computing cluster operations facilities. The bill gradually increases the reclaimed water utilization requirement at such facilities from 60 percent of all water-dependent cooling processes beginning on July 1, 2027, to 100 percent on and after July 1, 2031.

First-time home buyer savings plan; townhouses; principal limits. Includes townhouses in the definition of single-family residence for purposes of the First-Time Home Buyer Savings Plan Act. The bill also increases (i) the aggregate amount of principal that can be contributed to a first-time home buyer savings account from $50,000 to $100,000 and (ii) the limit on the amount of principal and interest or other income on the principal that may be retained in such an account from $150,000 to $200,000. The bill defines first-time home buyer, and includes that term in the definition of qualified beneficiary.

Individual income tax subtraction; long-term capital gains from sale of principal residence. Provides an individual income tax subtraction in taxable years 2025 through 2029 for income that is (i) taxed as a long-term capital gain for federal income tax purposes, (ii) attributable to the sale of property that served as the taxpayer's principal residence for at least two of the five years preceding such sale, and (iii) in excess of federal limitations only allowing an exclusion from gross income for up to $250,000, or $500,000, for joint filers, of gain from such a sale.

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.

Individual income tax; brackets, deductions, and exemptions; inflation indexing. Adjusts annually the amount of the income tax brackets, standard deduction, personal and other individual exemptions and deductions, and filing threshold to the annual change in the Chained Consumer Price Index for All Urban Consumers (C-CPI-U). The bill directs the Department of Taxation to annually publish on its website the individual income tax inflation adjustments. This bill contains technical amendments.

School boards; courses of instruction; high school courses or dual enrollment programs for certification as a certified nurse aide, emergency medical technician, or firefighter; establishment permitted; requirements. Permits any school board to provide to high school students, either on school premises or through a dual enrollment program or other partnership with a comprehensive community college, courses of instruction that prepare students for and lead to (i) certification as a certified nurse aide, provided that such course is approved by and meets the requirements of the Board of Nursing and is taught by a qualified individual, consistent with the requirements of the Board of Nursing; (ii) certification as an emergency medical technician, provided that such course is consistent with the requirements established by the Office of Emergency Medical Services and taught by an emergency medical technician instructor who meets the requirements set forth in the bill; or (iii) firefighting level 1 certification, as defined by the bill, provided that such course is consistent with the National Fire Protection Association 1001, level one, firefighter standards as administered by the Department of Fire Programs and taught by an individual qualified to provided such instruction. The bill also requires any school board that provides any such course of instruction on school premises to high school students to ensure that any individual employed, contracted, or permitted to volunteer to provide instruction in such course meets the requirements set forth in applicable law relating to data on convictions for certain crimes and child abuse and neglect, fingerprinting, and criminal history records checks.

Average teacher salary in the Commonwealth; national average. Requires the Governor's introduced budget bills for the 2027 and 2028 Regular Sessions of the General Assembly to propose funding for, and state funding to be provided pursuant to the general appropriation act enacted during any regular or special session of the General Assembly during 2027 or 2028 to fund, the Commonwealth's share of compensation supplement incentives for Standards of Quality-funded instructional and support positions sufficient to increase the average teacher salary in the Commonwealth to at least the national average teacher salary by the end of fiscal year 2029 and establishes a detailed timeline and process for satisfying such requirement.

Virginia Public Procurement Act; purchase programs for local farm or food products. Directs all state agencies to implement a purchase program for local farm or food products, defined in the bill, in order to reach a goal by 2035 of 20 percent of all the food and food products purchased by state agencies being local farm or food products. The bill also provides that for any public body partially or wholly funded by the Commonwealth, in which the total contract cost for food or food products is in excess of $25,000 per year, such public body shall implement a purchase program for local farm or food products in order to reach a goal by 2035 of 10 percent of all the food and food products purchased by such public bodies being local farm or food products. In order to meet such goals, state agencies and public bodies are authorized to give a preference to an otherwise qualified bidder who will fulfill the contract through the use of local farm or food products over the lowest responsible bidder so long as the cost included in the bid for the local farm or food products is not more than 10 percent greater than the cost included in the other bids.

Law enforcement; artificial intelligence inventory; civil action. Requires all law-enforcement agencies, defined in the bill as any state or local law-enforcement agency or sheriff's department, to conduct an inventory of any covered artificial intelligence system, defined in the bill, used by such agency and to make such inventory publicly available by November 1 of each year. The bill also provides that the Attorney General may investigate and, if warranted, bring a civil action against any law-enforcement agency to obtain equitable or declaratory relief to enforce the provisions of the bill and provides that a resident of the jurisdiction may bring a civil action against the law-enforcement agency to obtain equitable or declaratory relief to enforce the provisions of the bill. The bill requires such plaintiff to provide written notice of any alleged violation to the law-enforcement agency at least 90 days prior to filing suit, in a manner that is reasonably calculated to enable the law-enforcement agency to cure the alleged violation.

Economic development incentives; wage requirements. Requires companies to pay an average wage for the jobs eligible for assistance under the component programs of the Virginia Jobs Investment Program that is no less than the prevailing average wage, defined in the bill, or, in the case of an economically distressed locality, defined in the bill, no less than 85 percent of the prevailing average wage. Under current law, to be eligible for the component programs, companies must pay a minimum entry-level wage rate per hour of at least 1.2 times the federal minimum wage or the Virginia minimum wage, whichever is higher, and in areas that have an unemployment rate of 1.5 times the statewide average unemployment rate, the wage rate minimum may be waived.The bill also authorizes the payment of Virginia Investment Performance Grants if the average wage paid by the eligible manufacturer or research and development service, excluding fringe benefits, is no less than 85 percent of the prevailing average wage in localities with either (i) an annual unemployment rate for the most recent calendar year for which such data is available that is greater than the final statewide average unemployment rate for that calendar year or (ii) a poverty rate for the most recent calendar year for which such data is available that exceeds the statewide average poverty rate for that year. Under current law, such authorization is limited to those localities meeting both the unemployment rate and poverty rate thresholds.

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.

High load facilities; impact assessments. Prohibits a governing body or board of zoning appeals from issuing final approval for any special exception, special use permit, variance, rezoning application, or other land disturbing permit, including building permits and erosion and sediment control permits, for a high load facility, defined in the bill, until the applicant submits a finding of no impact or minimal impact issued by the State Corporation Commission. The bill provides that upon request by the owner or operator of a high load facility, the Commission will assess whether the high load facility will have a material adverse impact upon the incumbent electric utility's ability to (i) to maintain electric grid reliability, (ii) avoid exceeding available generation or transmission capacity constraints, or (iii) meet certain statutory requirements.

Department of Social Services; unlicensed care homes; registration. Requires every person that constitutes, or that operates or maintains, an unlicensed care home, defined in the bill, to register such home with the Commissioner of the Department of Social Services.

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.

Personal property taxation; classifications; major energy consumer equipment upgrades. Establishes a special classification for generating equipment purchased on and after July 1, 2026, for the purpose of upgrading the backup or standby power systems of a major energy consumer (i) from equipment that does not meet Tier 2 emission standards to selective catalytic reduction generators that meet or exceed Tier 4 emission standards or (ii) to meet New Source Performance Standards as enforced by the Department of Environmental Quality, as applicable. The bill provides that such equipment may be taxed at a lower rate than is applied to other tangible personal property.