Virginia

Fostering Access, Innovation, and Responsibility in Artificial Intelligence Act established. Establishes the Fostering Access, Innovation, and Responsibility in Artificial Intelligence Act (FAIR AI Act) that requires a developer of a base artificial intelligence model, as defined in the bill, to clearly and conspicuously disclose, in a manner that is appropriate for the medium of the content and is easily accessible to the user of such model, in the terms of service governing the use of such model, certain elements related to the artificial intelligence system. The bill creates the FAIR AI Enforcement Fund for the purpose of supporting agency enforcement of artificial intelligence system misuse, bias, and workforce disruption. Finally, the bill limits the defenses available in any criminal or civil action against a defendant that is alleged to have developed, modified, or deployed an artificial intelligence system that caused harm to a plaintiff. The bill has a delayed effective date of July 1, 2027.

Veterans' Services Protection Act; prohibited practices; penalty. Creates the Veterans' Services Protection Act to prohibit any person from receiving compensation for preparing, presenting, prosecuting, advising, consulting, or assisting any individual regarding any veterans' benefits matter, as defined in the bill, except as permitted under federal law. The bill provides that a violation of its provisions constitutes a prohibited practice under the Virginia Consumer Protection Act.

Virginia Institute of Marine Science; Atlantic Menhaden Research Fund established; report. Establishes the Atlantic Menhaden Research Fund to be used by the Virginia Institute of Marine Science (VIMS), in collaboration with Virginia Marine Resources Commission (VMRC) and relevant stakeholders, to produce research relating to Atlantic menhaden necessary to inform a scientifically defensible and ecologically meaningful harvest limit for Atlantic menhaden in the Chesapeake Bay and an annual report summarizing such research. VIMS is directed to annually report its progress, findings, recommendations, and a proposal for expenditures and disbursements from the Fund for the following year to the Chairs of the House Committee on Agriculture, Chesapeake and Natural Resources and the Senate Committee on Agriculture, Conservation and Natural Resources, the Secretary of Natural and Historic Resources, the Ecological Reference Point Work Group of the Atlantic States Marine Fisheries Commission, and the Menhaden Management Advisory Committee of VMRC no later than October 1 of each year.

Virginia Brownfield and Coal Mine Renewable Energy Grant Fund. Increases from $100 per kilowatt of nameplate capacity from renewable energy sources that are located on brownfields to $200 per kilowatt of nameplate capacity from renewable energy sources that are located on brownfields the grant amount a project developer can receive from the Virginia Brownfield and Coal Mine Renewable Energy Grant Fund. This bill is a recommendation of the Commission on Electric Utility Regulation.

Administrative Process Act; exemptions; limitations; appeals of case decisions regarding benefits sought. Specifies that the Administrative Process Act applies to case decisions regarding the grant or denial, including determinations of eligibility and approved levels of service, of Temporary Assistance for Needy Families, Medicaid, Supplemental Nutrition Assistance Program benefits, general relief, auxiliary grants, or state-local hospitalization. The bill also removes provisions limiting review of case decisions to ascertaining whether there was evidence in the agency record to support the case decision of the agency.

Department of Environmental Quality; standby generators study; report. Directs the Department of Environmental Quality to conduct a one-year study of all standby generators used by a commercial facility with an air permit in the Commonwealth. The bill requires the study to (i) identify commercial facilities with an air permit that use standby generators, (ii) identify the type of pollutants emitted from such standby generators, and (iii) analyze and describe the amount of pollutants from such standby generators. The Department is required to report its findings and recommendations to the Chairs of the House Committee on Agriculture, Chesapeake and Natural Resources and the Senate Committee on Agriculture, Conservation and Natural Resources by July 1, 2027.

Department of Education; division superintendents; Teacher Recruitment and Retention Mentorship Pilot Program established; administration; report. Directs the Department of Education (the Department), in coordination with the Virginia Association of School Superintendents, to establish and administer the Teacher Recruitment and Retention Mentorship Pilot Program (the Program) for the purpose of supporting division superintendents of school divisions with high teacher vacancy rates in improving teacher recruitment and retention in such school division by coordinating the establishment of mentorships whereby a division superintendent of a low vacancy-rate school division is connected with a division superintendent of a high vacancy-rate school division to provide mentorship in developing and implementing plans, strategies, and best practices for improving teacher vacancy rates in the high vacancy-rate school division. The bill directs the Department, in coordination with the Virginia Association of School Superintendents, to implement policies and procedures for the establishment and administration of the Program, including policies for coordinating such mentorships, encouraging participation of division superintendents in the Program, and for Program oversight. The bill directs each division superintendent mentorship pair participating in the Program to annually submit to the Department a report on their activities for the preceding school year and any recommendations relating to improving the effectiveness of mentorships under the Program. Finally, the bill directs the Department to submit to the Governor and the Chairs of the House Committee on Education and the Senate Committee on Education and Health by November 1 of each year a report on the activities of the Program for the preceding school year. The bill has an expiration date of July 1, 2029.

Comprehensive community colleges; procurement; machinery and equipment for courses and programs; certain limitations prohibited. Prohibits the State Board for Community Colleges and any comprehensive community college from establishing or adhering to any procurement policy, practice, procedure, regulation, or rule that prohibits the procurement of used machinery or equipment when such machinery or equipment is necessary to provide proper student instruction in any relevant course or program.

Search warrants; unattended deaths. Authorizes the issuance of a search warrant to search any place for (i) a dead human body where, at the time of death, the decedent was not being attended to by a physician or (ii) evidence of the cause or manner of death of such a body.

Court Date Reminder Program established. Establishes a Court Date Reminder Program, to be developed or procured by the Executive Secretary of the Supreme Court of Virginia, for the purpose of reminding criminal defendants to appear at each of their scheduled court appearances and to provide any related information. The bill directs the Program to send a text message notification to any defendant with a criminal case or traffic infraction in general district court or circuit court, allows a defendant to opt out of participating in the Program, and allows the Program administrator or his designee to use other communication methods to contact a defendant when such defendant is unable to receive text messages, including telephone, email, or other internet-based technology.

State Corporation Commission; Phase I Utility; 2026 biennial rate review; report. Directs the State Corporation Commission to consider certain requirements in the 2026 review of the rates, terms, and conditions for the provision of generation and distribution services by Appalachian Power. The bill directs the Commission to review the decision by Appalachian Power to satisfy its capacity obligations with the regional transmission entity through a fixed resource requirement alternative. The bill also directs the Commission to conduct a review of Appalachian Power's efforts to improve system efficiency, resilience, and reliability to address rising costs of responding to severe weather events. The bill requires the Commission to submit a report summarizing its review and providing recommendations by September 1, 2027, or to include such report as part of an existing annual report.

Middle Eastern and North African Advisory Board established. Establishes the Middle Eastern and North African Advisory Board in the executive branch for the purpose of advising the Governor on ways to develop economic, professional, cultural, educational, and governmental links between the Commonwealth and the Middle Eastern and North African community in Virginia. The bill provides for the expiration of the advisory board on June 30, 2029.

State correctional facilities; required education or vocational training; earned sentence credits classification levels. Requires a prisoner in a state correctional facility, as a part of his reentry plan developed and implemented by the Department of Corrections, to complete a high school equivalency test or vocational, technical, or other certification prior to such prisoner's release. The bill also provides that the annual review of a prisoner's classification level for earned sentence credits shall include such prisoner's quantifiable or measurable progress, as available, in any programs, job assignments, and educational curricula in which he is participating, such as test scores achieved or completion of a high school equivalency test or other trade or vocational certification.

Study; Virginia Department of Transportation; alternatives to use of Sodium Chloride to treat and pretreat roadways for winter weather; report. Directs the Virginia Department of Transportation (VDOT) to conduct a study on safe and environmentally sensitive alternatives to using Sodium Chloride, or rock salt, to treat and pretreat roadways for winter weather. Such study shall measure the impact of current treatment and pretreatment substances on infrastructure and the environment and their corrosive effects on personal property and compare such impacts with those of potential alternatives, including nonchemical substances and new technologies. VDOT is directed to submit a report to the chairs of the House and Senate Committees on Transportation by November 15, 2026, on its findings and include in such report an accounting of the annual spending by the state and local governments since 2020 on treating and pretreating activities and the amounts budgeted for 2026-2028.

Department of Juvenile Justice; transfer of responsibility from Secretary of Public Safety and Homeland Security to Secretary of Health and Human Resources; stakeholder work group. Directs the Office of the Secretary of Public Safety and Homeland Security and the Office of the Secretary of Health and Human Resources to convene a stakeholder work group to create a plan and recommended timeline for transferring responsibility for the Department of Juvenile Justice from the Secretary of Public Safety and Homeland Security to the Secretary of Health and Human Resources. The bill requires the work group to be composed of interested parties, including representatives from civil liberty organizations, organizations engaged in the daily work of youth justice and violence prevention, formerly incarcerated persons and their families, and mental health experts. The bill directs the work group to submit its plan and recommended timeline for executing the transfer to the Chairs of the House Committee for Courts of Justice, House Committee on Public Safety, Senate Committee for Courts of Justice, and Senate Committee on Rehabilitation and Social Services by November 1, 2026.

Notaries; altered documents; name across instruments. Provides that a notary shall not affix an official signature or seal on a notarial certificate that is altered. The bill further provides that the name associated with the commissioned notary shall be the same on and across such notary's signature, certificate, seal, and any other document or instrument requiring such notary's name and information.

Study; JLARC; non-federal sponsor contributions to conduct legacy property managed retreat studies; report. Directs the Joint Legislative Audit and Review Commission (JLARC) to study the methodology for determining the monetary contributions by localities or other non-federal sponsors to the total cost of legacy property managed retreat studies, as those terms are defined in the resolution. The study also directs JLARC to determine whether a stand-alone fund shall be established to support and manage cost-share requests from non-federal sponsors to provide relief to legacy property owners threatened by sea level rise.

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.

Local ordinances; regulation of pet shops. Authorizes the governing body of any locality to, by ordinance, regulate or prohibit the sale of animals in a pet shop. Such ordinance may distinguish between certain types of pet shops and include provisions for special licensing, inspections, reporting, restrictions, or prohibitions on the sale of certain types of animals. The bill also includes certain existing statewide provisions related to pet shops in the list of sections for which a locality may adopt parallel or more stringent ordinances. The provisions of the bill do not become effective unless reenacted by the 2027 Session of the General Assembly.

Uniform Statewide Building Code; amendments; energy efficiency and conservation. Requires the Board of Housing and Community Development to adopt amendments to the Uniform Statewide Building Code within 18 months of publication of a new version of the International Code Council's International Energy Conservation Code (IECC) to incorporate the latest IECC standards related to energy efficiency and conservation. The bill requires the Board to adopt Building Code standards that are at least as stringent as those contained in the new version of the IECC.

Department of Veterans Services; benefit awareness and access; program. Establishes an outreach program to ensure military service members transitioning from military to civilian life, veterans, members of the Virginia National Guard, residents of the Commonwealth in the Armed Forces Reserves, and their family members can easily access federal, state, and local benefits and other programs and services available to them. The bill requires the outcomes of such program to be published in the annual report submitted to the Secretary of Veterans and Defense Affairs, the Governor, and the General Assembly.

State Corporation Commission; cost allocation proceedings for certain electric utilities. Directs the State Corporation Commission to conduct proceedings to review cost allocation among different customer classifications for certain electric utilities. For Dominion Energy and Appalachian Power, the Commission is directed to determine if the cost allocation of transmission costs require customers that are not high-load customers, as defined in the bill, to unreasonably subsidize the transmission costs attributable to serving high-load customers by January 1, 2027. For Dominion Energy, the Commission is directed to determine if the current allocation of generation and distribution costs require customers that are not high-load customers to unreasonably subsidize the generation and distribution costs attributable to serving high-load customers by January 1, 2028.

Surplus real property; prioritization of disposition for affordable and middle-income housing. Requires the Department of General Services to determine whether, following an offer of surplus property to the chief administrative officer of the locality within which the surplus property is located, as well as to any economic development entity for such locality, such surplus property is suitable for the development of affordable housing, as defined by the bill. If the Department so determines, the bill provides that such property shall be offered for at least 90 days exclusively to eligible organizations, as defined by the bill, for the purpose of developing affordable housing, provided that the terms of the disposition include a recorded covenant to provide affordable housing for at least 30 years. The bill also requires the chief administrative officer of each locality to prepare and maintain an inventory of all real property within its jurisdiction to which the locality holds fee simple title and that the locality has determined to be feasible for the development of affordable and middle-income housing. If the governing body of a locality chooses to dispose of such a property, such property shall be offered for at least 90 days exclusively to public or private entities, for the purpose of developing affordable and middle-income housing, through purchase, lease, exchange, or donation in return for a recorded covenant to provide affordable housing for at least 30 years.

Uniform Statewide Building Code; regulations superseded; exceptions; interpretations; report. Removes existing exceptions to the Uniform Statewide Building Code and establishes a process by which counties, municipalities, and other political subdivisions may petition the State Building Code Technical Review Board (the Review Board) to grant single project exceptions. The bill requires the Review Board, in granting approval for an exception, to identify other counties, municipalities, and political subdivisions of the Commonwealth in which the conditions are substantially similar and to which such exception shall therefore apply. The bill additionally requires the Review Board to report to the General Assembly annually no later than November 1 regarding the number of petitions received, the disposition of such petitions, technical findings supporting approvals and denials, and the cost and safety impacts of any approved exception. The bill requires any interpretation issued by the Review Board to apply statewide. Finally, the bill directs the Board of Housing and Community Development, in consultation with the Department of Professional and Occupational Regulation, to establish a training program for local plan reviewers and inspectors to ensure enforcement of the Uniform Statewide Building Code is uniform across the Commonwealth.