Virginia

Urban Public-Private Partnership Redevelopment Fund; funding requirements; report. Revises the Urban Public-Private Partnership Redevelopment Fund by expanding the qualifying private entities available for partnership with a local government for the redevelopment of local sites, removing the existing $500,000 grant cap for such local government, and eliminating the requirement that each grant be conditioned upon a 100 percent match of funds by the local government. The bill requires the Department of Housing and Community Development (the Department), on or before December 1 of each year, to submit a report to the Secretary of Commerce and Trade, the Governor, and the Chairs of the House Committee on Appropriations and the Senate Committee on Finance and Appropriations, including the number of projects funded and the costs of the Fund. In addition, the bill directs the Department to convene a work group to develop appropriate criteria and guidelines for the administration of the grant program established by the Fund, including for (i) how to prioritize awards for (a) localities experiencing an above average and high level of fiscal stress as designated by the Commission on Local Government and (b) localities experiencing a significant decrease in commercial real estate assessments and (ii) the amount and type of local match, including both requirements that consider monetary contributions and non-monetary contributions. The bill requires the work group to include representatives of the Department, the Virginia Association of Counties, the Virginia First Cities Coalition, the Virginia Municipal League, and the Virginia Economic Developers Association and to report its findings and recommendations to the General Assembly by November 1, 2026. Under current law, the Board of Housing and Community Development is directed to develop guidelines for administration of the Fund. Finally, the bill repeals the Housing Revitalization Zone Act.

Covenants not to compete; exceptions; civil penalty. Prohibits an employer from entering into, enforcing, or threatening to enforce a covenant not to compete with employees who perform key duties of the employer's enterprise or customarily and regularly solicit customers or make sales or contracts for the employer. Under the bill, certain employees are permitted to enter agreements to refrain from soliciting business from the employer for a stated period of time following termination. The penalty provisions in current law for covenants not to compete for low-wage employees shall apply to a violation of the provisions of the bill. The provisions of the bill apply to contracts entered into, amended, or renewed on or after July 1, 2026.

Approval of land use applications; residential development. Requires every locality to take final action to approve, approve with conditions, or deny any land use application for the rezoning or development of property that includes residential development within 12 months from the date of submission of such application to the locality.

National Teacher Certification Incentive Reward Program and Fund; eligibility; incentive grant awards. Renames the National Teacher Certification Incentive Reward Program and Fund as the National Board Certification Incentive Reward Program and Fund, expands eligibility for incentive grant awards from such Fund pursuant to such Program from solely teachers who have obtained national certification from the National Board for Professional Teaching Standards to (i) all public school staff who are candidates for initial national certification or maintenance of national certification to cover certain costs of obtaining or maintaining such certification and (ii) all public school staff who have successfully obtained or maintained such certification. The bill also declares as eligible for an annual incentive grant award in the amount of $7,500 all public school staff who have obtained or maintained such certification and an additional $2,500 in any year during the life of certificate in which the public school staff member is employed in a Title 1 school. Current law declares as eligible for an annual incentive grant award of $5,000 in the first year and $2,500 in each subsequent year all teachers who have obtained or maintained such certification.

Additional local sales and use tax to support schools; referendum. Authorizes all counties and cities to impose an additional local sales and use tax at a rate not to exceed one percent with the revenue used only for capital projects for the construction or renovation of schools if such levy is approved in a voter referendum. The bill removes the requirement that such a tax must have an expiration date on either (i) the date of the repayment of any bonds or loans used for such capital projects or (ii) a date chosen by the governing body. Under current law, only Charlotte, Gloucester, Halifax, Henry, Mecklenburg, Northampton, Patrick, and Pittsylvania Counties and the City of Danville are authorized to impose such a tax.

Constitutional amendment (first reference); qualifications of voters; 16-year-olds permitted to vote. Provides that, notwithstanding the requirement that a voter shall be 18 years of age, any person who is 16 years of age or older and is otherwise qualified to vote shall be permitted to register to vote and to vote in local elections.

Virginia Cooperative Extension Service; cats and dogs; list of toxic houseplants. Requires the Virginia Cooperative Extension Service to create a list of common houseplants that are toxic to cats and dogs no later than November 1, 2026, and to update such list at least every four years thereafter. The bill requires the Department of Agriculture and Consumer Services to make such list publicly available on its website.

Virginia Clean Energy Research and Support Center; established. Establishes the Virginia Clean Energy Research and Support Center (the Center) as an interdisciplinary study, research, and informational resource for individuals and businesses in the Commonwealth. The Center is governed by a board of directors that includes representatives from several colleges and universities in the Commonwealth, the Department of Energy, the Department of Environmental Quality, and the Commission on Electric Utility Regulation. The board is directed to establish an advisory council to provide expertise and guidance related to the functions and duties of the Center. Functions and duties of the Center include providing technical assistance in matters related to energy technologies, siting, permitting, project design, interconnection, electric infrastructure, electric utilities, ratepayer proceedings, and environmental impacts of energy projects. Under the bill, the Center shall conduct an annual evaluation and collaborate with state agencies and institutions of higher education to provide technical assistance, research, or support in matters related to siting and permitting, programs to improve electric grid reliability, energy programs established at a participating institution of higher education, and administration and implementation of the Virginia Energy Plan. The bill also requires the Center to submit an annual report to the Commission on Electric Utility Regulation summarizing its research activities and any funding received by the Center by November 1 of each year. This bill is a recommendation of the Commission on Electric Utility Regulation.

Impact fees; residential development. Authorizes any locality to impose impact fees on certain residential developments in order to defray the costs of constructing public facilities necessitated by those developments. Under current law, such impact fees have limited applicability and may be imposed only by those counties that have established urban transportation service districts. The bill also deletes provisions of current law that narrow the scope of included public facilities for localities in the Richmond Metropolitan Statistical Area.

Regional Care Compacts Pilot Program established; workforce development; certified nurse aides; licensed practical nurses; report. Directs the Department of Health to establish the Regional Care Compacts Pilot Program to permit health care entities to enter into compacts, as defined by the bill, to incentivize health care workforce development. The bill permits such compacts to engage in workforce development activities, pool resources, enter into agreements with other entities to expand training and placement capacity, establish shared goals, and share workforce data in accordance with applicable privacy laws. The bill directs the Department to provide technical assistance and permits the Department to administer the Program in coordination with the Department of Health Professions, the Virginia Health Workforce Development Authority, and other relevant entities. The bill requires compacts to report to the Department on their activities and requires the Department to submit a consolidated report to the Governor and General Assembly each year by December 1.

Limitation on sentence upon revocation of suspension of sentence; technical violations. Provides that the court shall consider all technical violations that are alleged to have occurred after a prior sentencing or revocation hearing as single technical violation and adjudicate the case as such, with punishment imposed pursuant to relevant law. The bill also prohibits the court from treating multiple technical violations during a single probationary period between such prior sentencing or revocation hearing as separate cases or adjudicate such violations at separate hearings. The bill requires that when a defendant has been taken into custody for an alleged violation for which the court may impose not more than 14 days of active incarceration, the court shall docket such case as soon as practicable, and any such case shall be given precedence on the docket. The bill states that if such violation is not adjudicated within 14 days of the defendant being taken into custody, the defendant shall be admitted to bail, unless (i) such defendant consents to being further detained while awaiting adjudication or sentencing or (ii) the Commonwealth has established, by clear and convincing evidence, that the defendant presents a significant risk of harm to himself or the community based on substance use disorder or serious mental illness and has been referred for residential treatment. Notwithstanding the foregoing, the bill provides that no such defendant shall be held in custody awaiting adjudication of or sentencing on such alleged technical violation for longer than 30 days. The bill also expands the list of technical violations and provides that it shall be a defense to an alleged violation if the defendant can show that he has substantially complied with his probation obligations.

Policy of the Commonwealth; data centers. Provides that it is the policy of the Commonwealth to encourage the responsible operation of data centers in the Commonwealth while supporting grid reliability, affordability, and the deployment of renewable resources. The bill provides that in furtherance of this policy, the Commonwealth shall (i) promote coordination between data centers, state agencies, and regional grid operators to share information on energy usage, interconnection timelines, and barriers to rapid deployment of renewable and flexible energy resources; (ii) incentivize data centers to participate in demand response programs, implement energy storage and management systems, and leverage automated technologies to reduce peak demand and support grid stability; (iii) encourage flexible energy practices that allow data centers to adjust energy consumption in real time in alignment with available renewable generation; (iv) ensure large-scale data centers pay their fair share of infrastructure investments, mitigating impacts on residential and small business ratepayers; (v) require data centers to report water and aggregated energy usage, sustainability measures, and participation in grid support programs to appropriate state and federal agencies; and (vi) promote cybersecurity, physical security, and supply chain security measures to protect Virginia data center operations from foreign adversary access or compromise.

Right to farm; solar panels. Adds any operation for the production of electricity from solar panels concurrent with the bona fide production of crops, animals, or fowl to the definition of "agricultural operation" in the Right to Farm law, which limits the circumstances under which agricultural operations may be deemed a nuisance by preventing certain actions by localities.

Transportation funding. Changes various provisions of existing transportation funds, including the Commonwealth Mass Transit Fund and Washington Metropolitan Area Transit Authority Capital Fund, and creates new funds for the Northern Virginia Transportation District and the localities embraced by the Potomac and Rappahannock Transportation Commission for regional transit purposes. The bill imposes a regional sales and use tax for certain localities, a tax on transportation network companies, a tax on retail deliveries, and a tax on regional commercial parking. The bill also imposes a regional highway use fee on all vehicles in the Commonwealth that are subject to the existing highway use fee.

Department of Education; assessment; utilization of funds for regional special education students; report. Requires the Department of Education (the Department), in collaboration with the Office of Children's Services, staff from the House Appropriations and Senate Finance and Appropriations Committees, and such other stakeholders as the Department deems appropriate, to assess potential enhancements and strategies to maximize utilization of funds designated for regional special education students, commonly referred to as the Students with Intensive Support Needs Application program, in order to decrease the number of referrals of students with disabilities into private day school placements. The bill requires the Department to report its findings and recommendations to the Chairs of the House Committees on Appropriations and Education and the Chairs of the Senate Committees on Education and Health and Finance and Appropriations no later than December 15, 2026.

Consumer Data Protection Act; prohibitions and duties relating to minors. Prohibits a controller of an online service, product, or feature from entering into certain agreements with a known minor, unless such controller obtains verified consent from the minor's parent as specified in the bill. The bill imposes certain duties on a controller of an online service, product, or feature related to advertising, algorithm use, and reasonable care toward known minors. The bill expands the consumer rights of a parent to minors and adds a provision allowing a parent to obtain a copy of the minor's data. Current law offers certain consumer rights to the parents of children younger than age 13. The bill has a delayed effective date of January 1, 2027.

Small claims court; jurisdictional limit. Allows a plaintiff to file a small claims civil warrant when the amount claimed does not exceed $25,000, exclusive of interest, up to two times in the Commonwealth in a calendar year. Under current law, the small claims court has jurisdiction when the amount claimed does not exceed $5,000, exclusive of interest.

Underage consumption or possession of alcoholic beverage or marijuana or marijuana products; consequences; procedures. Reduces the penalties for underage consumption or possession of alcoholic beverages or marijuana or marijuana products to a written warning for a first violation, a written warning and the provision of informational materials about how to access community services for a second violation, and a write-up and an optional referral for accessing community services for a third or subsequent violation. Under current law, underage consumption, purchase, or possession of alcoholic beverages is punishable as a Class 1 misdemeanor with a period of license suspension and an option for a deferred dismissal in certain circumstances. The current penalties for underage consumption or possession of marijuana or marijuana products is a civil penalty of $25 and an order to enter a substance abuse treatment or education program. The bill also provides that such underage persons are not capable of giving lawful consent to a search and that the unconcealed possession of an alcoholic beverage or marijuana or marijuana products shall not constitute probable cause to initiate a search of a person or that person's personal property to determine any further violations of law. The bill specifies that such underage persons shall not be subject to arrest or otherwise detained or taken into custody by a law-enforcement officer and that a law-enforcement officer's body-worn camera system shall be activated during any encounter involving an underage person suspected to be in violation of such provisions. The bill also puts limits on the dissemination and retention of any law-enforcement records related to violations of such provisions.

Virginia Public Procurement Act; procurement of goods transported by privately owned commercial vessels; required contract provisions. Provides that any contract a state agency enters into for goods that exceeds $10,000 shall contain a provision that the contractor must comply with federal law relating to the transportation of goods on privately owned commercial vessels, defined in 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.

Time zone; permanent Eastern Standard Time in the Commonwealth. Provides that the Commonwealth shall observe Eastern Standard Time year-round upon the District of Columbia and the State of Maryland enacting legislation providing that United States Eastern Standard Time shall be observed in all parts of the respective district or state year-round.

Speed safety cameras, pedestrian crossing violation monitoring systems, and stop sign violation monitoring systems; placement and operation; violation enforcement; civil penalties. Authorizes state and local law-enforcement agencies to place and operate pedestrian crossing violation and stop sign violation monitoring systems in school crossing zones, highway work zones, and high-risk speed corridors for purposes of recording pedestrian crossing and stop sign violations, as those terms are defined in the bill. The bill changes the terms "photo speed monitoring device" to "speed safety camera" and "high-risk intersection segment" to "high-risk speed corridor" in provisions related to vehicle speed violations. The bill makes various changes to the requirements for the use of speed safety cameras and extends most of those requirements to the use of pedestrian crossing violation and stop sign violation monitoring systems. The bill requires local law-enforcement agencies implementing or expanding the use of pedestrian crossing violation and stop sign violation monitoring systems, prior to the implementation or expansion of such systems, to conduct a public awareness program for such implementation or expansion.The bill also limits the use of speed safety cameras, pedestrian crossing violation monitoring systems, and stop sign violation monitoring systems in highway work zones to when workers are present, as defined in the bill, and provides that a certificate sworn to or affirmed by a law-enforcement officer or a retired sworn law-enforcement officer is not prima facie evidence of the facts contained therein for a speed safety camera, pedestrian crossing violation monitoring system, or stop sign violation monitoring system, as applicable, placed in a highway work zone unless the operator of the speed safety camera, pedestrian crossing violation monitoring system, or stop sign violation monitoring system, respectively, provides a sworn certification verifying that workers were present at the time of the violation.The bill directs the Supreme Court of Virginia to develop a summons for violations captured by speed safety cameras, pedestrian crossing violation monitoring systems, and stop sign violation monitoring systems and requires summonses issued for such violations to be such summons. The bill also establishes civil penalties for violations of requirements and provides that for any summons issued, failure to comply with the requirements for the operation of speed safety cameras, pedestrian crossing violation monitoring systems, or stop sign violation monitoring systems, as applicable, render such summons invalid.The bill contains delayed effective dates for certain provisions.

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.

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.