Virginia

State Corporation Commission; work group; energy load flexibility protocols; high electric demand customers; report. Directs the State Corporation Commission to convene a work group to evaluate and assess energy load flexibility protocols for high electric demand customers, including any commercial or industrial customer located in the Commonwealth with an electricity demand of greater than 50 megawatts. In conducting its assessment, the work group shall consider factors as outlined in the bill, provide an analysis of the current regulatory framework in the Commonwealth regarding high electric demand customers, and develop recommendations for improving load flexibility protocols and demand response management programs by electric utilities or the regional transmission entity. The work group shall include members as outlined in the bill and shall submit a report of its findings and recommendations by November 1, 2026. This bill is a recommendation of the Commission on Electric Utility Regulation.

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.

Physicians; informed consent; disclosure of certain information prior to hysterectomy or oophorectomy.

Autumn's Law; elementary and secondary schools; institutions of higher education; aggravated bullying and cyberbullying unlawful; policies and procedures; penalty. Makes it a Class 1 misdemeanor to commit an act of aggravated bullying or aggravated cyberbullying, as defined in the bill, against any student enrolled in any elementary or secondary school or institution of higher education. The bill requires the administrator of each elementary or secondary school and each institution of higher education, or his designee, to, upon receiving satisfactory proof of an incident of aggravated bullying by a student enrolled in such school or institution, address such incidents, discipline the student guilty thereof, and report such incidents to local law-enforcement. The bill also requires (i) reports to be made to the division superintendent and the principal or his designee on all incidents involving an act of aggravated bullying or aggravated cyberbullying occurring on a school bus, on school property, or at a school-sponsored activity; (ii) each principal to immediately report to the local law-enforcement agency any incident involving an an act of aggravated bullying or aggravated cyberbullying occurring on a school bus, on school property, or at a school-sponsored activity; and (iii) the Board of Education to include in its guidelines and model policies for codes of student conduct developed pursuant to applicable law standards for school board policies on aggravated bullying. Finally, the bill requires each school board to include in its code of student conduct policies and procedures prohibiting aggravated bullying and aggravated cyberbullying, including (a) a citation to the provision of the bill that makes committing an act of aggravated bullying a Class 1 misdemeanor; (b) detailed procedures for reporting any incident of aggravated bullying or aggravated bullying in accordance with the bill; (c) clear, escalating, and appropriate disciplinary procedures for addressing incidents of aggravated bullying; and (d) information and resources relating to any civil rights of action or remedies available to victims of an act of aggravated bullying or cyberbullying.

Income tax; standard deduction and earned income tax credit. Removes the sunset from and makes permanent the standard deduction amounts of $8,750 for single individuals and $17,500 for married individuals filing jointly. Under current law, the standard deduction is scheduled to revert to $3,000 for single individuals and $6,000 for married individuals filing jointly after taxable year 2026. The bill also removes the sunset from and makes permanent the increase in Virginia's refundable earned income tax credit from 15 percent to 20 percent of the allowable federal earned income tax credit. Under current law, the Virginia refundable earned income tax credit expires in taxable year 2027 and Virginia's nonrefundable earned income tax credit, which has no expiration date, is equal to 20 percent of the federal credit.

Transit-oriented housing overlay districts. Requires certain localities to establish one or more transit-oriented housing overlay districts covering qualifying areas, as defined in the bill, within their boundaries. The bill provides that within such overlay districts, the locality shall permit, by right, a minimum height of six stories and a minimum average density of 30 units per acre within one-quarter of a mile of a major transit stop and allow two units per lot and four units per corner lot between one-quarter of a mile and one mile from a such a stop. The bill further provides that applications for such housing development shall be approved ministerially by the zoning administrator or other designated official and that no public hearing is required for approval. The bill allows certain areas within a locality to be excluded from its provisions and sunsets on September 1, 2030. The bill has a delayed effective date of September 1, 2027.

Robbery. Conforms certain provisions of the Code referencing robbery to the degrees of robbery offenses established by Chapter 534 of the Acts of Assembly of 2021, Special Session I. These changes include: (i) limiting to the three higher degrees of robbery certain non-robbery crimes for which committing such crime with the intent to commit a robbery is an element of the offenses, (ii) limiting the types of robbery that are included in the definition of "acts of violence" to the two higher degrees of robbery, (iii) clarifying how robbery offenses will be scored on the sentencing guidelines, (iv) allowing persons convicted of the two lesser degrees of robbery to be eligible for conditional release if they are terminally ill and for enhanced earned sentence credits, (v) allowing persons who are ineligible for parole as a result of being convicted of three of certain enumerated offenses to be eligible for parole if convicted of an offense that would constitute robbery by presenting of firearms, and (vi) limiting the application of the three-strikes law to the two higher degrees of robbery and making persons convicted under the three-strikes law eligible for parole if one of the three convictions resulting in the mandatory life sentence would constitute one of the two lesser degrees of robbery. The bill leaves unchanged the current law making all degrees of robbery predicate criminal acts by adding the two lesser degrees of robbery to the definition of "predicate criminal act" and specifying that the two higher degrees of robbery are included in the definition of "act of violence." The bill requires the changes made to the eligibility for conditional release of terminally ill prisoners and enhanced earned sentence credits to apply retroactively if certain criteria are met.

Property Owners' Association Act; operation and management of association; condemnation of common area; procedure. Requires consideration of the physical characteristics of a property owners' association's common area land when determining such land's highest and best use for purposes of valuing the property for award or payment for such land in a condemnation proceeding after the common area land is taken or damaged under the power of eminent domain.

Virginia Electric Vehicle Grant Fund and Program; public, private, or nonprofit entity under contract with public school division. Amends the Virginia Electric Vehicle Grant Fund and Program to allow moneys from the Fund to be awarded to any public, private, or nonprofit entity currently under contract with, or expected to be under contract with, a public school division to cover certain costs associated with transitioning from diesel school buses and other commercial motor vehicles, heavy equipment, or other machinery to electric school buses or other equipment that reduces air emissions. The bill also removes a provision that prohibits the allocation of funds to the Fund or the Program unless federal funds or nonstate funds are available to cover the entire cost of such allocation.

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.

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.

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.

Board of Education; development, approval, and implementation of alternative graduation pathways to earn a Standard Diploma; report. Directs the Board of Education to develop, approve, and implement 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, approving, and implementing 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 the Virginia Graduation; (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 approved that includes a nonassessment demonstration of competence; and (vi) consider potential timelines for 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, approving, and implementing alternative graduation pathways to earn a Standard Diploma, in accordance with the provisions of the bill.

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.

Virginia Commission on Youth; work group to study extending oversight of Office of the Children's Ombudsman to include committed juveniles; report. Directs the Virginia Commission on Youth, in coordination with the Office of the Children's Ombudsman, to convene a work group of relevant stakeholders to study the changes necessary to extend the purview of the Office of the Children's Ombudsman to include juveniles who are committed to the Department of Juvenile Justice. The bill requires the work group to submit to the Governor and the General Assembly by November 1, 2026, a report of its findings and any recommendations for any legislative and organizational changes needed to implement such extension of oversight. This bill is a recommendation of the Virginia Commission on Youth.

Medical malpractice; limitation on recovery; certain actions. Eliminates the cap on the recovery in actions against health care providers for medical malpractice where the act or acts of malpractice occurred on or after July 1, 2026, and occurred against a patient age 10 or younger.

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.

Charitable gaming; common interest communities; bingo. Allows common interest communities that qualify for deductions pursuant to § 277 of the Internal Revenue Code and that are solely available to residents age 55 or older to become qualified organizations, subject to certain registration requirements, for the purposes of conducting bingo in accordance with the rules and regulations of the Department of Agriculture and Consumer Services.

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.

Department of Education; impact of requiring each school board to pay unpaid meal balance from uncollectible school meal debts; report. Directs the Department of Education to evaluate and submit to the chairs of the Senate Committees on Finance and Appropriations and Education and Health and the House Committees on Appropriations and Education by November 1, 2026, a report on the impact of requiring each school board, at the end of each school year, to pay for the total unpaid school meal balance on the nonprofit food service account of each public elementary or secondary school in the school division resulting from uncollectible school meal debts on any student account.

Individual income tax; child tax credit. Creates a refundable individual income tax credit in taxable years 2027 through 2031 in an amount equal to that allowed for the corresponding federal child tax credit. Only one credit may be claimed for each qualifying child, as defined in the bill.

Department of Professional and Occupational Regulation; auctioneers; definition. Specifies that sales meeting the definition of "auction" include sales made both in person and online. The bill contains a technical amendment.

Board of Health; site cleanup guidelines; other illicit drugs. Directs the Board of Health to establish guidelines for the cleanup of residential property and other sites formerly used to manufacture illicit drugs. Under current law, the Board of Health is only required to establish such guidelines for sites formerly used to manufacture methamphetamine.

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.