Virginia

Virginia Conservation Easement Act; definitions; federally recognized tribes. Provides that a federally recognized tribe, as defined in the bill, can be a conservation easement holder and that such a tribe is not bound by the same restrictions on the location of a principal office or the duration of existence that are placed on other types of easement holders. This bill is a recommendation of the Commission on Updating Virginia Law to Reflect Federal Recognition of Virginia Tribes.

Department of State Police; Executive Protection Division; security and transportation duties. Provides that the Executive Protection Division of the Virginia Department of State Police shall have a duty to provide security and transportation to those persons designated by the Constitution of Virginia to succeed to the office of the Governor should a vacancy exist.

Data centers; rainwater harvesting systems. Requires any new construction or substantial expansion, as defined in the bill, of a data center, as defined in the bill, to (i) include a rainwater harvesting system sufficient to capture rainwater runoff from at least 30 percent of the total roof surface area of such data center and (ii) use such harvested rainwater for non-potable water needs, as defined in the bill, including irrigation or the dissipation of heat from any component of such data center. The bill also requires any such system to be designed, installed, and periodically inspected by a person certified by the American Society of Sanitary Engineering and authorizes the State Board of Health to promulgate regulations in collaboration with the Department of Environmental Quality as necessary to effectuate the provisions of the bill.

Virginia Public Procurement Act; cooperative procurement; re-roofing. Excludes re-roofing that does not involve modification to the structure from the prohibition on using cooperative procurement to purchase construction.

Clinical nurse specialists; practice agreements; consultation requirements.

Maximum number of judges on the Court of Appeals of Virginia; hearings en banc; summary disposition of certain civil cases. Increases from 17 to 21 the maximum number of authorized judges on the Court of Appeals of Virginia. The bill provides that the Supreme Court of Virginia shall prescribe by rule the number of judges needed for the Court of Appeals to sit en banc, and that such number shall not be fewer than 13 judges. Additionally, the bill permits the Court of Appeals to summarily affirm the decision below in certain civil cases.

Health insurance; pharmacies; freedom of choice; delivery of prescription drugs; penalties. Prohibits an insurer, health maintenance organization, corporation providing preferred provider subscription contracts, or pharmacy benefits manager from imposing upon any person receiving pharmaceutical benefits any policy or practice requiring or incentivizing certain provisions relating to the delivery of prescription drugs. A violation of the bill's provisions constitutes an unfair trade practice under existing law and is subject to injunctive, penalty, and enforcement provisions in existing law.

State-owned bottomlands; localities; property interest. Provides that any city or county that is party to an executed project partnership agreement with the Department of the Army for a flood or storm risk management program, damage reduction project, or similar program specifically authorized by the United States Congress shall be deemed to hold a legal property interest in the use of state-owned waters, bottoms, or subsurface soils sufficient to qualify for any easements necessary for the construction or completion of the project or program.

Atlantic States Marine Fisheries Compact; withdrawal. Removes authorization for the Commonwealth's membership in the Atlantic States Marine Fisheries Compact. The bill directs the Marine Resources Commission, on or after February 1, 2027, to take all actions necessary and appropriate to effectuate the Commonwealth's renunciation of and withdrawal from the Compact and to complete such actions no later than July 1, 2027. The bill also directs the Commission, no later than July 31, 2026, to provide written notice to all states that are a party to the Compact that the Commonwealth intends to renounce and withdraw from the Compact. Finally, the bill removes from the Menhaden Management Advisory Committee the Virginia appointee to the Atlantic Menhaden Technical Committee of the Atlantic States Marine Fisheries Commission.

Loitering; unhoused persons. Prohibits any locality from discriminating against any person on the basis of actual or perceived unhoused status by imposing a civil or criminal penalty against any unhoused person, defined in the bill, of any age for engaging in life-sustaining activities in or upon any public place, including in a legally parked car in a public place, provided that such activities do not obstruct the movement of pedestrian or vehicular traffic in a manner that creates a hazard to others. Life-sustaining activities include sleeping, resting, sitting, standing, lying down, or protecting oneself from the elements.

Workplace violence policy required for certain employers; civil penalty. Requires any employer of 100 or more employees to develop, implement, and maintain a workplace violence policy no later than January 1, 2027. The bill includes requirements for such a policy, such as procedures and methods for employee reporting of incidents and post-incident investigations. Employers subject to the bill are required to maintain documentation of workplace violence incidents for not less than five years. An employer that violates the provisions of the bill shall be subject to a civil penalty of not more than $1,000 per violation. The bill prohibits retaliation from an employer on the basis of reporting a workplace violence incident and provides that any employee who makes a report of workplace violence shall be immune from civil liability. The bill has a delayed effective date of January 1, 2027.

Industrial development authorities in certain localities; housing. Allows industrial development authorities in the Counties of Halifax, Henry, and Pittsylvania and the Cities of Danville and Martinsville to exercise their powers with respect to facilities used primarily for single or multifamily residences in order to promote safe and affordable housing in the Commonwealth. Under current law, such powers may be exercised only in a locality where a housing authority has not been activated. The bill also grants industrial development authorities in such localities the power to issue bonds associated with the construction of affordable housing.

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.

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.

Elimination of mandatory minimum sentences for certain offenses. Eliminates the mandatory minimum term of confinement for certain crimes.

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.

Recognition of the Wolf Creek Cherokee Tribe of Virginia. Extends state recognition to the Wolf Creek Cherokee Tribe of Virginia within the Commonwealth.

Study; Department of Taxation; options for abolishing the personal property taxation of certain qualifying vehicles; report. Directs the Department of Taxation to study options for abolishing the personal property taxation of certain qualifying vehicles and to evaluate alternative local revenue sources in order to account for the shortfall in local tax revenues that will result from the abolition of such tax.

Definitions; American Indians; Virginia recognized tribes; federally recognized tribes; sovereignty. Provides that the Commonwealth acknowledges the inherent sovereignty of federally recognized tribes within the present-day external boundaries of the Commonwealth. The bill also establishes definitions for "American Indian," "federally recognized tribe," and "Virginia recognized tribe" and amends various sections throughout the Code for the purpose of uniformity in terminology. This bill is a recommendation of the Commission on Updating Virginia Law to Reflect Federal Recognition of Virginia Tribes.

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.

Virginia Clean Energy and Battery Storage Promotion Program established; report. Directs the Director of the Department of Energy to establish the Virginia Clean Energy and Battery Storage Promotion Program. The purpose of the Program is to (i) promote the adoption, deployment, and understanding of solar energy and battery storage technologies; (ii) support market development, public information, and workforce development initiatives; and (iii) conduct research and technical studies on cost reduction, deployment barriers, and grid integration. The bill establishes the Virginia Clean Energy and Battery Storage Promotion Board as a policy board in the executive branch of state government to coordinate with the Director to establish a program for the promotion, research, and market development of clean energy and battery storage. Additionally, the bill establishes the Virginia Clean Energy and Battery Storage Promotion Fund to fund the administration and implementation of the Program. The bill requires the developer of a solar energy project or an energy storage system to pay a one-time fee of $0.02 per watt of generation or storage capacity to the Fund. The fee is assessed by the Department of Energy.

Workers' compensation; disability of law-enforcement officer; spousal wage replacement; report. Requires the employer of a law-enforcement officer who sustains a line of duty injury, as defined in the bill, to pay or cause to be paid to the spouse of such law-enforcement officer 66 percent of such spouse's average weekly wage during the previous three years, up to 80 percent of the average weekly wage of the Commonwealth, provided that certain requirements are met. The bill directs the Workers' Compensation Commission to establish an application review process for claims for spousal wage replacement pursuant to the bill's provisions by January 1, 2027. Certain provisions of the bill have a delayed effective date of January 1, 2027.

Virginia Retirement System; enhanced retirement benefits for animal control officers. Adds full-time animal control officers to the list of local employees eligible to receive enhanced retirement benefits for hazardous duty service for service earned in such positions on or after July 1, 2027. Under current law, localities may provide such benefits to first responders, including firefighters and emergency medical technicians, and certain other hazardous duty positions. The bill has a delayed effective date of July 1, 2027.

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.