Virginia

Affordable housing; assisted living facilities. Allows localities that have adopted an affordable housing program to require that, in an application for a special exception or special use permit, affordable rental units be included for any proposed development of an assisted living facility.

Virginia Retirement System; service retirement allowance; return to work. Allows a retired law-enforcement officer to continue to receive his service retirement allowance during a subsequent period of employment by a local law-enforcement agency in a civilian role that does not require law-enforcement certification as a fingerprint examiner, forensics specialist, property and evidence technician, background investigator, or firearms instructor, so long as he has a break in service of at least six calendar months between retirement and reemployment, did not retire under an early retirement program, did not retire under the Workforce Transition Act of 1995, and retired in good standing from his sworn law-enforcement officer position.

Procedure for use of prior conviction as element of offense charged. Establishes a procedure for using a defendant's prior conviction to prove an element of an offense charged or to enhance the punishment for the offense charged.

Commercial use of fully autonomous vehicles. Provides requirements for the operation of fully autonomous vehicles operated to transport property or passengers in furtherance of a commercial enterprise. The bill requires persons operating such fully autonomous vehicles to receive autonomous operation licenses prior to such operation in the Commonwealth.

Virginia Accountability Commission established. Creates the Virginia Accountability Commission (the Commission). The Commission shall (i) create a public record of the conduct of federal agents and any federal military-style operations throughout the Commonwealth, (ii) examine the impact of that conduct on individuals and communities, and (iii) consider policy recommendations to prevent future harms to these individuals and communities. The bill requires the Commission to provide, not later than January 31, 2027, an initial status report outlining its findings and recommendations to the Governor, and not later than April 30, 2027, any supplementary reports the Commission deems appropriate. The bill provides that the Commission shall be composed of a chair, vice-chair, and up to seven additional members, for a total membership of up to nine uncompensated members, as appointed by the Governor, the House of Delegates, and the Senate. The bill also provides that the term of each Commission member shall expire one year from the date of his appointment, and Commissioners may be reappointed or replaced at the pleasure of the appointing authority. Finally, the bill requires the Office of Civil Rights with the Office of the Attorney General to provide administrative and professional staff support to the operations of the Commission. The Commission may also work with subject matter experts and non-profit organizations as it deems appropriate.

Virginia National Guard State Tuition Assistance Program; grants. Requires at least $50,000 of discretionary annual spending of Virginia National Guard State Tuition Assistance Program grant funds to be used for recruitment. Under current law, discretionary spending on recruitment from grant funds is capped at $50,000 per fiscal year.

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.

Health care; decision-making; end of life; penalties. Allows an adult diagnosed with a terminal disease to request and an attending health care provider to prescribe a self-administered controlled substance for the purpose of ending the patient's life. The bill requires that a patient's request for a self-administered controlled substance to end his life be given orally on two occasions and in writing, signed by the patient and one witness, and that the patient be given an express opportunity to rescind his request at any time. The bill makes it a Class 2 felony (i) to willfully and deliberately alter, forge, conceal, or destroy a patient's request, or rescission of request, for a self-administered controlled substance to end his life with the intent and effect of causing the patient's death; (ii) to coerce, intimidate, or exert undue influence on a patient to request a self-administered controlled substance for the purpose of ending his life or to destroy the patient's rescission of such request with the intent and effect of causing the patient's death; or (iii) to coerce, intimidate, or exert undue influence on a patient to forgo a self-administered controlled substance for the purpose of ending the patient's life. The bill also grants immunity from civil or criminal liability and professional disciplinary action to any person who complies with the provisions of the bill and allows health care providers to refuse to participate in the provision of a self-administered controlled substance to a patient for the purpose of ending the patient's life.

Income tax subtraction; military retirement benefits; uniformed services. Expands the military benefits income tax subtraction to include retirement income received for service in the uniformed services of the United States, which includes the United States Armed Forces, the commissioned corps of the National Oceanic and Atmospheric Administration, and the commissioned corps of the United States Public Health Service. Under current law, the subtraction is only allowed for military retirement income received for service in the United States Armed Forces.

Department of Corrections; investigations of violent incidents. Designates the Department of State Police as the law-enforcement agency responsible for investigating (i) alleged serious violent incidents that result in the death of either an inmate or officer and (ii) alleged or suspected incidents of inmate suicide.

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.

Superintendent of Public Instruction; employment of certified school library specialists. Requires the Superintendent of Public Instruction to employ in the Department of Education at least one certified school library specialist who shall have several duties enumerated in the bill, including (i) providing leadership and technical assistance with the implementation and use of information literacy skills to school divisions, Department staff, and other stakeholders to support student achievement; (ii) directing the implementation of state and national school library standards and consulting with and providing technical assistance to local school divisions relating to such standards; (iii) collaborating on various grants and other initiatives that promote student literacy through school library programs throughout the Commonwealth; (iv) supporting student learning through instructional programs in which students are required to demonstrate information literacy, digital literacy and fluency, and effective use of technology and instructional programs that incorporate science, technology, engineering, and math learning; and (v) providing the Department, the Board of Education, the General Assembly, and school boards with support relating to student learning through the use of school library standards and library resources.

Commissioner of the Department of Veterans Services; powers and duties; online portal. Requires the Commissioner of the Department of Veterans Services to develop and maintain an online portal to connect veterans, members of the Virginia National Guard, and Virginia residents in the Armed Forces Reserves who qualify for veteran status, and their immediate family members, to available resources, programs, and services in the Commonwealth and provide a means to submit electronic applications for such resources, programs, and services. The bill requires the online portal to collect, maintain, use, disseminate, and safeguard personal information in compliance with state and federal law.

Virginia Erosion and Stormwater Management Program authority; right of entry; performance bond. Removes the requirement for a Virginia Erosion and Stormwater Management Program (VESMP) authority to have a performance bond with surety, cash escrow, letter of credit, any combination thereof, or such other legal arrangement in order to enter any establishment or upon any property, public or private, for the purpose of initiating or maintaining appropriate actions that are required by conditions imposed by the VESMP authority on a land-disturbing activity when an owner, after proper notice, has failed to take acceptable action within the time specified.

Utility Facilities Act; definition of public utility. Provides that for the purposes of the Utility Facilities Act, the term "public utility" does not include any company that owns or operates one or more facilities for the generation, distribution, or storage of electric energy exclusively for consumption by one or more customers located on the site of such facilities or on adjoining property, provided that such facilities are connected on the customer's side of the electric meter and electricity is delivered without the use of a public utility's distribution or transmission system. The bill also provides that after such a facility operates within the certificated service territory of an electric utility for a duration of five years, such company is required to submit to such public utility a written offer for the sale of such facility.

Board of Education; development of alternative graduation pathways to earn a Standard Diploma; report. Directs the Board of Education to develop alternative graduation pathways to earn a Standard Diploma that are designed to expand opportunities for students to complete the verified credit requirements for the Standard Diploma that do not require achieving a passing score on applicable Standards of Learning assessments. In developing such alternative graduation pathways, the bill directs the Board to (i) consult with and integrate the perspectives of a broad range of relevant stakeholders; (ii) consider alignment with the competencies articulated in the Profile of a Virginia Graduate; (iii) consider certain elements for incorporation into such alternative pathways, including nonassessment demonstrations of competence, alternative assessments that could be used in lieu of or alongside Standards of Learning assessments, and pathway structures or elements designed to encourage hands-on learning and civic engagement; (iv) ensure that any such alternative graduation pathways do not impact or replace the current requirements for earning a Standard Diploma or an Advanced Studies Diploma; (v) ensure at least one alternative pathway is developed that includes a nonassessment demonstration of competence; and (vi) consider next steps for approval and implementation of such alternative graduation pathways. Finally, the bill directs the Board to submit to the Governor and Chairs of the House Committee on Education and the Senate Committee on Education and Health by January 1, 2027, a report detailing the Board's progress in developing alternative graduation pathways to earn a Standard Diploma, in accordance with the provisions of the bill.

Precipitation design standards; non-stationary precipitation; climate-adjusted rainfall. Requires the State Water Control Board to serve as the lead agency responsible for establishing and maintaining precipitation design standards to be used by all state agencies, localities, and other political subdivisions and in transportation projects. The bill requires such precipitation design standards to include the most recent precipitation frequency estimates published in the National Oceanic and Atmospheric Administration national precipitation frequency atlas to account for observed and projected increases in precipitation intensity, frequency, and duration. The bill directs the Department of Environmental Quality, Department of Transportation, and any other state agency to update any relevant manuals and design standards consistent with the provisions of the bill by July 1, 2027. The bill also allows the State Water Control Board and the Department of Transportation to adopt interim guidance or regulations implementing the provisions of the bill consistent with the Administrative Process Act, ensuring that updated precipitation design standards take effect no later than July 1, 2027. This bill is a recommendation of the Joint Subcommittee on Recurrent Flooding.

Use of artificial intelligence system by mental health service providers; civil penalty. Permits the use of an artificial intelligence system by mental health service providers to assist in providing therapy or counseling services if such mental health service provider maintains full responsibility for all interactions, outputs, and data use associated with the system. The bill prohibits the use of an artificial intelligence system to provide therapy or counseling services without a mental health service provider. The bill specifies that records kept by mental health service providers must comply with health records privacy requirements; creates an exception for religious counseling, peer support, or self-help materials and educational resources; and establishes a civil penalty not to exceed $10,000 for violations of the statute.

Medical assistance services; volunteer emergency medical services agencies; supplemental payment for ground emergency medical services vehicle transportation. Directs the State Board of Health to include a provision in the state plan for medical assistance services to implement a supplemental payment program for qualified volunteer emergency medical services agencies to cover the difference between the agency's costs for ground emergency medical services vehicle transport services and the reimbursement amount received from the Department of Medical Assistance Services.

County manager plan of government; affordable dwelling unit ordinance. Increases local authority over affordable housing for counties that have adopted the county manager plan of government (Arlington County) by (i) potentially increasing the cash contribution to the county's affordable housing fund by developers in lieu of providing affordable dwelling units and (ii) providing that applications for a special exception approval for a change of use of an existing building from commercial to residential may be subject to an affordable housing requirement.

Parole; investigation prior to release; input from the attorney for the Commonwealth. Requires the Parole Board to notify the attorney for the Commonwealth in each jurisdiction in which an offense occurred for which a prisoner is incarcerated as part of the required investigation to determine if such prisoner will be released on parole. The bill further provides that the attorney for the Commonwealth may submit his input to the Board regarding the impact the release of the prisoner will have on the jurisdiction. The bill requires that any such input received shall be considered by the Board but shall not infringe on the Board's authority to exercise its decision-making authority.

Line of Duty Act; payments to beneficiaries. Provides that if a deceased person, as that term is defined in the Line of Duty Act, died as a result of certain cancers within seven years from his date of retirement, his beneficiary shall be entitled to the payment of certain benefits. Under current law, such beneficiary shall be entitled to such payment if the deceased person's death (i) arose out of and in the course of his employment or (ii) was within five years from his date of retirement.

Income tax credit; affordable rental housing tax credit. Establishes a nonrefundable tax credit for taxable years 2026 through 2030 for eligible landlords equal to $750 per affordable dwelling unit, as certified by the Department of Housing and Community Development. The bill limits the (i) total amount of such credits available to an eligible landlord to $15,000 per taxable year and (ii) aggregate amount of such credits claimed to $5 million per taxable year.

Institutions of higher education; eligibility for in-state tuition for citizens of federally recognized Virginia tribes. Makes any non-Virginia student who is a member or citizen of a federally recognized tribe and who is enrolled in an undergraduate degree program eligible for in-state tuition. The bill also allows the governing board of any public institution of higher education to charge in-state tuition to such students enrolled in a graduate or professional degree program. This is a recommendation of the Commission on Updating Virginia Law to Reflect Federal Recognition of Virginia Tribes.