NVTC

2018 Selected General Assembly Bill Tracking Index

Northern Virginia Technology Council's 2018
Selected General Assembly Bill Tracking Index

Data provided by The Division of Legislative Automated Systems (DLAS) and updated at least once a week during Session.
Last Updated: 12:00pm on Tuesday, February 13, 2018


Communications Infrastructure

Energy

General Business/Other Research, Commercialization, Entrepreneurship and New Company Formation

Procurement

Education and Workforce

Tax Policy

Technology Law/Computer Crimes/Privacy

Transportation

Unmanned Systems

Virginia Government

Veterans


Communications Infrastructure
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HB 639 Fiber optics and other communications infrastructure; identifying during road construction projects.

Patrons: Boysko and Gooditis

A BILL to create a process for identifying and relocating fiber optics and other communications infrastructure during road construction projects; Department of Transportation.

18102696D

Summary as introduced:
Creating a process for identifying and relocating fiber optics and other communications infrastructure during road construction projects; Department of Transportation. Provides that the Department of Transportation shall convene a work group of stakeholders to examine the current statutory and regulatory processes for identifying the location of, and the owners or leaseholders of, fiber optic cable and conduit, as well as other similar communications infrastructure and utilities, that are located under or across from public property or in close proximity to or in an existing or newly acquired public easement or right-of-way, in order to determine whether the current process for relocating such infrastructure as necessary for the construction of a public roadway and associated appurtenances, whether such project is locally or state administered, is appropriately efficient, timely, and cost effective, in order to avoid unnecessary and costly delays in construction. Stakeholders shall include, but are not limited to, representatives from local government, cable and telecommunications industries, the road construction industry, underground utility locating contractors, and the State Corporation Commission. The Department shall assess whether the current permitting and utility registration and relocation procedures and requirements are adequate and reasonable, and shall submit its findings and any recommendations for improving such process to the General Assembly by November 30, 2018.

01/09/18 House: Prefiled and ordered printed; offered 01/10/18 18102696D
01/09/18 House: Referred to Committee on Rules
01/19/18 House: Assigned Rules sub: Subcommittee #1

HB 640 Comprehensive plan, locality's; broadband infrastructure.

Patrons: Boysko, Rodman, Ayala and Kory

A BILL to amend and reenact §§ 15.2-2223 and 15.2-2224 of the Code of Virginia, relating to comprehensive plan; broadband infrastructure.

18103572D

Summary as passed House:

Comprehensive plan; broadband infrastructure. Provides that a locality's comprehensive plan may consider strategies to provide broadband infrastructure that is sufficient to meet the current and future needs of residents and businesses in the locality. In the preparation of a comprehensive plan, broadband infrastructure shall be included among the matters that the local planning commission shall survey and study.

02/07/18 House: Printed as engrossed 18103572D-E
02/08/18 House: Read third time and passed House BLOCK VOTE (99-Y 0-N)
02/08/18 House: VOTE: BLOCK VOTE PASSAGE (99-Y 0-N)
02/09/18 Senate: Constitutional reading dispensed
02/09/18 Senate: Referred to Committee on Local Government

HB 705 Broadband services; prohibited features.

Patrons: Carter, Roem, Hope, Plum, Price, Rasoul and Simon

A BILL to amend the Code of Virginia by adding in Article 7 of Chapter 21 of Title 15.2 a section numbered 15.2-2161, relating to broadband services; prohibited features.

18104542D

Summary as introduced:
Broadband services; prohibited features. Prohibits a provider of broadband services from offering or renewing services to consumers within any locality in the Commonwealth in which certain media is throttled, blocked, or prioritized on the basis of its content, format, host address, or source.

01/09/18 House: Prefiled and ordered printed; offered 01/10/18 18104542D
01/09/18 House: Referred to Committee on Commerce and Labor
01/12/18 House: Impact statement from DHCD (HB705)
01/18/18 House: Assigned C & L sub: Subcommittee #2
02/06/18 House: Subcommittee recommends passing by indefinitely (5-Y 0-N)

HB 999 Telework Promotion & Broadband Assistance, Office of, & Broadband Advisory Council; expiration.

Patrons: Byron, Boysko, Gooditis, Hugo, Kilgore and Landes

A BILL to amend and reenact the second enactment of Chapter 444 of the Acts of Assembly of 2008 and to amend and reenact the third enactment of Chapter 818 and the third enactment of Chapter 852 of the Acts of Assembly of 2009, relating to the Office of Telework Promotion and Broadband Assistance and the Broadband Advisory Council; expiration.

18104596D

Summary as introduced:
Office of Telework Promotion and Broadband Assistance; Broadband Advisory Council; expiration. Extends the expiration of the Office of Telework Promotion and Broadband Assistance and the Broadband Advisory Council from July 1, 2018, to July 1, 2028.

02/01/18 House: Read second time and engrossed
02/02/18 House: Read third time and passed House (98-Y 0-N)
02/02/18 House: VOTE: PASSAGE (98-Y 0-N)
02/05/18 Senate: Constitutional reading dispensed
02/05/18 Senate: Referred to Committee on Commerce and Labor

HB 1131 Zoning; wireless communications infrastructure.

Patron: Gooditis

A BILL to repeal Article 7.2 (§§ 15.2-2316.3, 15.2-2316.4, and 15.2-2316.5) of Chapter 22 of Title 15.2 of the Code of Virginia, relating to zoning for wireless communications infrastructure.

18103292D

Summary as introduced:
Zoning for wireless communications infrastructure. Repeals provisions creating a uniform procedure for the way in which small cell facilities on existing structures are approved by localities and approved and installed in public rights-of-way.

01/10/18 House: Prefiled and ordered printed; offered 01/10/18 18103292D
01/10/18 House: Referred to Committee on Commerce and Labor
01/23/18 House: Assigned C & L sub: Subcommittee #1
01/25/18 House: Subcommittee recommends striking from docket (7-Y 0-N)

HB 1258 Wireless communications infrastructure; zoning.

Patrons: Kilgore, Kory, Byron, Heretick and Marshall; Senators: Dance, Ruff and Stanley

A BILL to amend and reenact § 15.2-2316.3 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 15.2-2316.4:1, 15.2-2316.4:2, and 15.2-2316.4:3, relating to zoning for wireless communications infrastructure.

18106428D

Summary as introduced:
Zoning for wireless communications infrastructure. Establishes parameters regarding applications for zoning approvals for certain wireless support structures. Applications for certain new wireless support structures that are 50 feet or less above ground level and for the co-location on an existing structure of a wireless facility that is not a small cell facility are exempt from requirements that they obtain a special exception, special use permit, or variance, though a locality may require administrative review for the issuance of any zoning permits or an acknowledgement that zoning approval is not required for such projects. Aspects of the zoning approval process addressed in this measure include periods for approval or disapproval of applications, a requirement that applications are deemed approved if not approved or disapproved within the applicable period; application fees; a prohibition against unreasonably discriminating between applicants and other wireless services providers, providers of telecommunications services, and nonpublic providers of cable television and electric services; and limits on the number of new wireless support structures that can be installed in a specific location. The measure also prohibits a locality, in its receiving, consideration, and processing of an application for zoning approval, from engaging in certain activities.

02/08/18 House: Printed as engrossed 18106428D-EH1
02/09/18 House: Read third time and passed House (56-Y 41-N 2-A)
02/09/18 House: VOTE: PASSAGE (56-Y 41-N 2-A)
02/12/18 Senate: Constitutional reading dispensed
02/12/18 Senate: Referred to Committee on Commerce and Labor

SB 189 Telecommunications; Dept. of Historic Resources to convene work group to examine Sect. 106 review.

Patrons: Favola; Delegate: Boysko

A BILL to direct the Department of Historic Resources to convene a work group to examine the Section 106 review process; telecommunications projects.

18102580D

Summary as introduced:
Virginia Department of Historic Resources; telecommunications; Section 106 review process work group. Directs the Virginia Department of Historic Resources to convene a stakeholder work group to study the efficiency of the review process as it is used in telecommunications projects with regard to Section 106 of the National Historic Preservation Act and the effects of certain projects upon historic properties in association with Federal Communications Commission applications and to report its findings to the General Assembly no later than November 1, 2018.

12/29/17 Senate: Referred to Committee on Rules
01/29/18 Senate: Impact statement from DPB (SB189)
02/08/18 Senate: Rereferred from Rules (15-Y 0-N)
02/08/18 Senate: Rereferred to Agriculture, Conservation and Natural Resources
02/09/18 Senate: Incorporated by Agriculture, Conservation and Natural Resources (SB166-Black) (10-Y 0-N)

SB 283 Fiber optics and other communications infrastructure; identifying during road construction projects.

Patron: Black

A BILL to create a process for identifying and relocating fiber optics and other communications infrastructure during road construction projects; Department of Transportation.

18102396D

Summary as introduced:
Creating a process for identifying and relocating fiber optics and other communications infrastructure during road construction projects; Department of Transportation. Provides that the Department of Transportation shall convene a work group of stakeholders to examine the current statutory and regulatory processes for identifying the location of, and the owners or leaseholders of, fiber optic cable and conduit, as well as other similar communications infrastructure and utilities, that are located under or across from public property or in close proximity to or in an existing or newly acquired public easement or right-of-way, in order to determine whether the current process for relocating such infrastructure as necessary for the construction of a public roadway and associated appurtenances, whether such project is locally or state administered, is appropriately efficient, timely, and cost effective, in order to avoid unnecessary and costly delays in construction. Stakeholders shall include, but are not limited to, representatives from local government, cable and telecommunications industries, the road construction industry, underground utility locating contractors, and the State Corporation Commission. The Department shall assess whether the current permitting and utility registration and relocation procedures and requirements are adequate and reasonable, and shall submit its findings and any recommendations for improving such process to the General Assembly by November 30, 2018.

01/05/18 Senate: Prefiled and ordered printed; offered 01/10/18 18102396D
01/05/18 Senate: Referred to Committee on Commerce and Labor
01/22/18 Senate: Stricken at request of Patron in Commerce and Labor (11-Y 0-N)

SB 297 Communications companies; incentives, provision of wireless broadband services.

Patron: Edwards

A BILL to amend and reenact § 58.1-609.3 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 3.2-3108.1, relating to incentives for communications companies; provision of wireless broadband services.

18101654D

Summary as introduced:
Incentives for communications companies; provision of wireless broadband services. Directs the Tobacco Region Revitalization Commission to award at least $10 million per year in grants to cover a portion of expenditures for the purchase and installation of wireless and broadband equipment to rural areas in the Southwest and Southside regions of the Commonwealth. The bill also establishes a sales tax exemption, which would be phased in over four years, for property sold or leased to a telecommunications company and used directly in the rendition of its public service.

01/08/18 Senate: Referred to Committee on Commerce and Labor
01/21/18 Senate: Impact statement from DPB (SB297)
01/22/18 Senate: Rereferred from Commerce and Labor (12-Y 0-N)
01/22/18 Senate: Rereferred to Finance
01/30/18 Senate: Passed by indefinitely in Finance (14-Y 1-N)

SB 384 Fiber optics and other communications infrastructure; identifying during road construction projects.

Patron: Black

A BILL to create a process for identifying and relocating fiber optics and other communications infrastructure during road construction projects; Department of Transportation.

18104627D

Summary as introduced:
Creating a process for identifying and relocating fiber optics and other communications infrastructure during road construction projects; Department of Transportation. Provides that the Department of Transportation shall convene a work group of stakeholders to examine the current statutory and regulatory processes for identifying the location of, and the owners or leaseholders of, fiber optic cable and conduit, as well as other similar communications infrastructure and utilities, that are located under or across from public property or in close proximity to or in an existing or newly acquired public easement or right-of-way, in order to determine whether the current process for relocating such infrastructure as necessary for the construction of a public roadway and associated appurtenances, whether such project is locally or state administered, is appropriately efficient, timely, and cost effective, in order to avoid unnecessary and costly delays in construction. Stakeholders shall include representatives from local government, cable and telecommunications industries, the road construction industry, underground utility locating contractors, and the State Corporation Commission. The Department shall assess whether the current permitting and utility registration and relocation procedures and requirements are adequate, reasonable, or excessive and shall submit its findings and any recommendations for improving such process to the General Assembly by November 30, 2018.

01/25/18 Senate: Read second time and engrossed
01/26/18 Senate: Read third time and passed Senate (37-Y 0-N 2-A)
01/31/18 House: Placed on Calendar
01/31/18 House: Read first time
01/31/18 House: Referred to Committee on Rules

SB 405 Wireless communications infrastructure; zoning.

Patrons: McDougle, Dance, Ruff and Stanley; Delegates: Byron, Heretick and Kory

A BILL to amend and reenact § 15.2-2316.3 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 15.2-2316.4:1, 15.2-2316.4:2, and 15.2-2316.4:3, relating to zoning for wireless communications infrastructure.

18106360D

Summary as passed Senate:

Zoning for wireless communications infrastructure. Establishes parameters regarding applications for zoning approvals for certain wireless support structures. Applications for certain new wireless support structures that are 50 feet or less above ground level and for the co-location on an existing structure of a wireless facility that is not a small cell facility are exempt from requirements that they obtain a special exception, special use permit, or variance, though a locality may require administrative review for the issuance of any zoning permits or an acknowledgement that zoning approval is not required for such projects. Aspects of the zoning approval process addressed in this measure include periods for approval or disapproval of applications, a requirement that applications are deemed approved if not approved or disapproved within the applicable period; application fees; a prohibition against unreasonably discriminating between applicants and other wireless services providers, providers of telecommunications services, and nonpublic providers of cable television and electric services; and limits on the number of new wireless support structures that can be installed in a specific location. The measure prohibits a locality, in its receiving, consideration, and processing of an application for zoning approval, from engaging in certain activities. The measure states that it does not prohibit a locality from disapproving an application submitted under a standard process project on the basis of the availability of existing wireless support structures within a reasonable distance that could be used for co-location at reasonable terms and conditions without imposing technical limitations on the applicant. The measure also requires any publicly-owned or privately-owned wireless service provider operating within the Commonwealth or serving residents of the Commonwealth shall, by January 1, 2019, and annually thereafter by January 1, provide to the Department of Housing and Community Development a report detailing, by county, city, and town, the expansion of service in previously unserved geographic areas that are provided access to high speed Internet and wireless services.

02/08/18 Senate: Read second time
02/08/18 Senate: Reading of substitute waived
02/08/18 Senate: Committee substitute agreed to 18106360D-S1
02/08/18 Senate: Engrossed by Senate - committee substitute SB405S1
02/09/18 Senate: Read third time and passed Senate (22-Y 13-N 4-A)

SB 823 Wireless support structures; public rights-of-way use fees established.

Patrons: McDougle and Dance; Delegates: Heretick and Kory

A BILL to amend the Code of Virginia by adding in Chapter 15.1 of Title 56 a section numbered 56-484.32, relating to wireless support structures; public rights-of-way use fees.

18104616D

Summary as introduced:
Wireless support structures; public rights-of-way use fees. Establishes an annual wireless support structure public rights-of-way use fee to be charged to wireless services providers and wireless infrastructure providers in connection with a permit for occupation and use of the public rights-of-way under the jurisdiction of the Department of Transportation (VDOT) or a locality for the construction of new wireless support structures. The amount of the use fee is (i) $1,000 for any wireless support structure at or below 50 feet in height; (ii) $3,000 for any wireless support structure above 50 feet and at or below 120 feet in height; (iii) $5,000 for any wireless support structure above 120 feet in height; and (iv) $1 per square foot for any other equipment, shelter, or associated facilities constructed on the ground. The measure provides that the use fee amounts shall be adjusted every five years on the basis of inflation. The measure also provides that an existing agreement, contract, license, easement, or permit allowing the use of the public rights-of-way by a wireless services provider or wireless infrastructure provider may be enforced by VDOT or the locality only until the current term of the agreement, contract, license, easement, or permit expires.

01/15/18 Senate: Referred to Committee on Commerce and Labor
02/05/18 Senate: Reported from Commerce and Labor (12-Y 0-N 2-A)
02/05/18 Senate: Rereferred to Finance
02/08/18 Senate: Reported from Finance (12-Y 3-N 1-A)
02/12/18 Senate: Constitutional reading dispensed (40-Y 0-N)

Counts: HB: 6 SB: 6


Energy
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HB 54 Renewable energy property; tax credit for property placed in service.

Patrons: Sullivan, Gooditis and Hurst

A BILL to amend the Code of Virginia by adding in Article 13 of Chapter 3 of Title 58.1 a section numbered 58.1-439.12:13, relating to tax credit for placing into service renewable energy property.

18101249D

Summary as introduced:
Renewable energy property tax credit. Establishes, beginning in taxable year 2018, a tax credit for renewable energy property placed in service. The bill defines "renewable energy property" as certain biomass equipment that uses renewable biomass resources, combined heat and power systems using waste heat to produce electricity or thermal or mechanical energy, certain geothermal equipment, hydroelectric generators located at existing dams or in free-flowing waterways, solar energy equipment, and wind equipment that is necessary for capturing and converting wind energy into electricity or mechanical power.

The credit would equal 35 percent of the installed cost of the renewable energy property. However, the aggregate amount of credit allowed to each person for placing into service renewable energy property during the taxable year would not exceed $15,000. Only the ultimate consumer or user of the renewable energy property would be allowed to claim the credit.

The credit would be required to be claimed in five equal annual installments beginning with the taxable year in which the property was placed in service. However, the amount claimed in a single year would not be allowed to exceed 50 percent of the person's total tax liability. The credit would expire and no further credit could be claimed if the renewable energy property was disposed of, taken out of service, or moved out of the Commonwealth during any of the installment years.

The Department of Taxation would issue the tax credits. The Department would be authorized to issue $5 million in tax credits each fiscal year. Any unused credit could be carried forward for five taxable years. The credit would sunset in 2023.

12/01/17 House: Prefiled and ordered printed; offered 01/10/18 18101249D
12/01/17 House: Referred to Committee on Finance
01/21/18 House: Impact statement from TAX (HB54)
01/25/18 House: Assigned Finance sub: Subcommittee #3
01/26/18 House: Subcommittee recommends passing by indefinitely (5-Y 2-N)

HB 58 State agencies; use of light-emitting diodes (LEDs) on outdoor lighting fixtures.

Patrons: Bell, John J. and Kory

A BILL to amend and reenact § 2.2-1111 of the Code of Virginia and to amend the Code of Virginia by adding in Article 1 of Chapter 6 of Title 2.2 a section numbered 2.2-614.5, relating to state agencies; use of light-emitting diodes (LEDs) on outdoor lighting fixtures.

18101285D

Summary as introduced:
Light-emitting diode (LED) use on outdoor lighting fixtures. Requires any state agency that installs, replaces, or maintains an outdoor lighting fixture to use LEDs instead of traditional incandescent light bulbs when installing new outdoor lighting fixtures or replacing nonfunctioning bulbs on existing outdoor lighting fixtures unless the appropriate agency authority determines it is not cost efficient to do so. The bill creates an exception to these requirements for the installation or replacement of light bulbs on state-owned property that is listed individually on the Virginia Landmarks Register or is certified by the Director of the Virginia Department of Historic Resources as contributing to the historic significance of a historic district that is listed on the Virginia Landmarks Register. The bill also provides for the Department of General Services to include the requirement for the use of LEDs in the agency's purchasing regulations. Contracts entered into by the Department of Transportation on and after July 1, 2019, are subject to the requirement.

01/25/18 House: Subcommittee recommends referring to Committee on Appropriations
01/30/18 House: Reported from General Laws with amendment (16-Y 6-N)
01/30/18 House: Referred to Committee on Appropriations
02/01/18 House: Assigned App. sub: General Government & Capital Outlay
02/07/18 House: Subcommittee recommends laying on the table (6-Y 2-N)

HB 96 Electric utility regulation; suspension of reviews of earnings, transitional rate period.

Patrons: Rasoul, Roem, Adams, D.M., Carroll Foy, Carter, Convirs-Fowler, Guzman, Hurst, Kory, Levine, Lopez, McQuinn and Rodman; Senator: Petersen

A BILL to amend and reenact § 56-585.1:1 of the Code of Virginia, relating to electric utility regulation; suspension of reviews of earnings; conclusion of transitional rate period.

18102728D

Summary as introduced:
Electric utility regulation; suspension of reviews of earnings; transitional rate period. Provides that the transitional rate period for Virginia Electric and Power Company (Dominion) will conclude on December 31, 2018, and its next biennial review will be conducted in 2019. The transitional rate period for Dominion currently is scheduled to expire on December 31, 2019, and its next biennial review is scheduled to occur in 2022. The measure does not change the date Appalachian Power's transitional rate period is scheduled to conclude (December 31, 2017), but does advance the year of its next biennial review from 2020 to 2018. During the first biennial reviews after the conclusion of the transitional rate period, the State Corporation Commission shall review the earnings of the utilities during the Transitional Rate Period and order adjustments to rates or credits to customers, if warranted. Pursuant to the 2015 legislation, the State Corporation Commission is barred from conducting a biennial review of the rates, terms, and conditions for any service of an electric utility during its transitional rate period.

12/12/17 House: Prefiled and ordered printed; offered 01/10/18 18102728D
12/12/17 House: Referred to Committee on Commerce and Labor
01/11/18 House: Impact statement from SCC (HB96)
01/23/18 House: Assigned C & L sub: Subcommittee #3
02/06/18 House: Subcommittee failed to recommend reporting (3-Y 6-N)

HB 204 Energy benchmarking; access to data on energy usage in covered buildings.

Patron: Sullivan

A BILL to amend the Code of Virginia by adding in Article 5 of Chapter 9 of Title 15.2 a section numbered 15.2-984, relating to energy benchmarking; access to data on energy usage in covered buildings.

18103216D

Summary as introduced:
Energy benchmarking; access to data on energy usage in covered buildings. Authorizes a locality to adopt an ordinance requiring utilities, upon request by the owner of a building with a gross floor area of not less than 50,000 square feet (covered building), to provide its owner with combined measured energy usage data for multiple utility accounts of customers receiving service in the covered building. Such benchmarking is mandatory for a covered building with three or more active utility accounts in which no single utility account is greater than or equal to 85 percent of the aggregated energy usage, and it is optional for other covered buildings. The measure provides that the building owner shall only provide aggregated data that is provided to it to the Energy Star Portfolio Manager subject to guidelines established by the Department of Mines, Minerals and Energy (DMME). Violations of the ordinance are punishable by a fine of not more than $250. The measure requires DMME to develop uniform guidelines for benchmarking by December 1, 2018.

12/28/17 House: Prefiled and ordered printed; offered 01/10/18 18103216D
12/28/17 House: Referred to Committee on Counties, Cities and Towns
01/16/18 House: Assigned CC & T sub: Subcommittee #1
01/18/18 House: Impact statement from DPB (HB204)
01/24/18 House: Subcommittee recommends passing by indefinitely (6-Y 2-N)

HB 392 Electric utility regulation; solar energy.

Patron: Keam

A BILL to amend and reenact §§ 56-577 and 56-585.1 of the Code of Virginia, relating to electric utility regulation; solar energy.

18101858D

Summary as introduced:
Electric utility regulation; solar energy. Declares that it is in the public interest for the electrical supply of the Commonwealth to include at least 10 percent electricity derived from sunlight from facilities located in the Commonwealth, including distributed generation facilities owned or operated by or on behalf of customers. The measure also increases, from 500 megawatts to 15,000 megawatts, the aggregate rated capacity of solar energy generation facilities located in the Commonwealth as to which their construction or purchase by a utility is in the public interest.

01/05/18 House: Prefiled and ordered printed; offered 01/10/18 18101858D
01/05/18 House: Referred to Committee on Commerce and Labor
01/11/18 House: Impact statement from SCC (HB392)
01/23/18 House: Assigned C & L sub: Subcommittee #3
01/30/18 House: Subcommittee failed to recommend reporting (4-Y 6-N)

HB 393 Electric utilities; net energy metering, program cap.

Patron: Keam

A BILL to amend and reenact § 56-594 of the Code of Virginia, relating to electric utilities; net energy metering.

18101859D

Summary as introduced:
Electric utilities; net energy metering; program cap. Directs the Department of Mines, Minerals and Energy to track the amount of net metered generation as a proportion of each electric distribution company's adjusted Virginia peak-load forecast for the previous year. The Department is required to make such information publicly available on its website. The measure requires the State Corporation Commission, when the generating capacity of net energy metering program participants reaches one percent of each electric distribution company's adjusted Virginia peak-load forecast for the previous year, to undertake a study of the value of solar energy to the grid, utilities, and the public. Upon completing the study, the Commission is directed to make recommendations to the General Assembly as to what changes, if any, should be made to the net energy metering program. The measure also repeals the existing requirement that the net metering standard contract or tariff shall be available to eligible customer-generators or eligible agricultural customer-generators on a first-come, first-served basis in each electric distribution company's Virginia service area until the one percent cap is met.

01/05/18 House: Prefiled and ordered printed; offered 01/10/18 18101859D
01/05/18 House: Referred to Committee on Commerce and Labor
01/18/18 House: Impact statement from DPB (HB393)
01/23/18 House: Assigned C & L sub: Subcommittee #3
01/30/18 House: Subcommittee failed to recommend reporting (4-Y 5-N)

HB 436 Electric utilities; mandatory renewable portfolio standard.

Patron: Sullivan

A BILL to amend and reenact § 56-585.2 of the Code of Virginia, relating to electric utility regulation; mandatory renewable portfolio standard.

18103599D

Summary as introduced:
Electric utilities; mandatory renewable portfolio standard. Replaces the existing voluntary renewable portfolio standard program with a mandatory renewable portfolio standard program that requires each investor-owned electric utility to generate or purchase, from facilities in the Commonwealth, increasing percentages of electric power that is generated from qualifying renewable sources. The required percentages start at a minimum of 20 percent of the total electric energy sold in 2019. Thereafter the required percentages increase in steps until 2026 and thereafter, in which years at least 80 percent of the total electric energy sold is required to be generated from qualifying renewable sources. A utility that fails to comply with a RPS standard established for a year is required to pay a compliance fee of 10 cents for each kilowatt-hour by which it failed to meet the standard.

01/06/18 House: Prefiled and ordered printed; offered 01/10/18 18103599D
01/06/18 House: Referred to Committee on Commerce and Labor
01/11/18 House: Impact statement from SCC (HB436)
01/23/18 House: Assigned C & L sub: Subcommittee #3
01/30/18 House: Subcommittee recommends passing by indefinitely (6-Y 4-N)

HB 474 Solar energy collection devices; land lease program for installation.

Patron: Reid

A BILL to amend the Code of Virginia by adding sections numbered 33.2-226.1 and 56-594.3, relating to land lease program for installation of solar energy collection devices; purchase of energy produced; highway rights-of-way.

18101484D

Summary as introduced:
Land lease program for installation of solar energy collection devices; purchase of energy produced; highway rights-of-way. Requires the Department of Transportation (the Department) to evaluate land owned by the Commonwealth for use as rights-of-way for suitability for the installation of solar energy collection devices and to solicit bids for the lease of such land for such installation. The bill establishes a revenue-sharing arrangement between the locality or localities in which the right-of-way is located and the state general fund. The bill provides that any entity submitting a bid must complete the application and review process for the use of a right-of-way as established by the Department and as required by federal law. The bill requires solar right-of-way generators to enter into a power purchase agreement with a utility to purchase all the energy generated by the solar energy collection devices.

01/07/18 House: Prefiled and ordered printed; offered 01/10/18 18101484D
01/07/18 House: Referred to Committee on Commerce and Labor
01/23/18 House: Assigned C & L sub: Subcommittee #3
01/30/18 House: Subcommittee failed to recommend reporting (4-Y 6-N)

HB 509 Comprehensive plan; solar facilities.

Patrons: Hodges and Lopez

A BILL to amend and reenact § 15.2-2232 of the Code of Virginia, relating to comprehensive plan; solar facilities.

18103844D

Summary as passed House:

Comprehensive plan; solar facilities. Provides that a solar facility subject to provisions requiring the facility to be substantially in accord with a locality's comprehensive plan shall be deemed to be substantially in accord with the comprehensive plan if (i) such proposed solar facility is located in a zoning district that allows such solar facilities by right or (ii) such proposed solar facility is designed to serve the electricity or thermal needs of the property upon which such facility is located, or will be owned or operated by an eligible customer-generator or eligible agricultural customer-generator under § 56-594 or by a small agricultural generator under § 56-594.2. The bill authorizes a locality to allow for a substantial accord review for other solar facilities to be advertised and approved concurrently in a public hearing process with a rezoning, special exception, or other approval process.

02/07/18 House: Printed as engrossed 18103844D-E
02/08/18 House: Read third time and passed House BLOCK VOTE (99-Y 0-N)
02/08/18 House: VOTE: BLOCK VOTE PASSAGE (99-Y 0-N)
02/09/18 Senate: Constitutional reading dispensed
02/09/18 Senate: Referred to Committee on Local Government

HB 560 Virginia Energy Efficiency Revolving Fund; created.

Patrons: Sullivan, Kory and Toscano

A BILL to amend the Code of Virginia by adding in Chapter 8 of Title 58.1 a section numbered 58.1-818 and by adding in Title 62.1 a chapter numbered 23.3, consisting of sections numbered 62.1-241.13 through 62.1-241.16, relating to loans to localities and other entities to fund energy efficiency projects.

18102173D

Summary as introduced:
Virginia Energy Efficiency Revolving Fund. Creates the Virginia Energy Efficiency Revolving Fund to provide no-interest loans to any locality, school division, or public institution of higher education for energy conservation or efficiency projects, funded by 40 percent of the annual revenue over $325 million of certain state recordation taxes and other funds given to the Fund.

01/08/18 House: Prefiled and ordered printed; offered 01/10/18 18102173D
01/08/18 House: Referred to Committee on Commerce and Labor
01/23/18 House: Assigned C & L sub: Subcommittee #3
01/29/18 House: Impact statement from DPB (HB560)
02/06/18 House: Subcommittee failed to recommend reporting (4-Y 5-N)

HB 586 Community energy programs; investor-owned electric utilities and electric cooperatives.

Patron: Gooditis

A BILL to amend the Code of Virginia by adding a section numbered 56-594.3, relating to community energy programs.

18102621D

Summary as introduced:
Community energy programs. Authorizes investor-owned electric utilities and electric cooperatives to establish a community energy program with a community subscriber organization. Under a community energy program, community subscribers and community subscriber organizations may participate in community net energy metering with mutually agreed-upon community subscriber payment rates and community subscriber credit rates. A community subscriber (i) acquires a subscription that entitles him to a proportional interest in a renewable energy generation facility and (ii) receives a credit on his electric utility bill based on the community subscriber credit rate multiplied by his share of the facility's output.

01/08/18 House: Prefiled and ordered printed; offered 01/10/18 18102621D
01/08/18 House: Referred to Committee on Commerce and Labor
01/23/18 House: Assigned C & L sub: Subcommittee #3
01/30/18 House: Subcommittee recommends striking from docket (10-Y 0-N)
01/31/18 House: Impact statement from SCC (HB586)

HB 930 Multifamily net energy metering; SCC to establish program.

Patron: Lopez

A BILL to amend and reenact § 56-594 of the Code of Virginia, relating to electric utility regulation; net energy metering; multifamily net metering.

18103415D

Summary as introduced:
Net energy metering multifamily customer-generators. Requires the State Corporation Commission, by January 1, 2019, to establish a program of multifamily net energy metering. The program will allow a customer or customers that operate a renewable energy generating facility in a condominium, apartment complex, neighborhood, or homeowners' association served by a common distribution circuit to be an eligible multifamily net metering customer-generator. The generation facility for multifamily net metering shall use as its total source of fuel renewable energy; not have an aggregate generation capacity of more than 500 kilowatts; be located on land owned or controlled by the eligible condominium, apartment complex, or homeowners association or on customers' property within the condominium, apartment complex, neighborhood, or homeowners association; be interconnected and operated in parallel with an electric utility's transmission and distribution facilities; and be used primarily to provide energy to metered accounts of the eligible multifamily net metering customer-generator. Eligible multifamily net metering customer-generators are exempt from the monthly standby charge assessed on other eligible customer-generators.

01/09/18 House: Prefiled and ordered printed; offered 01/10/18 18103415D
01/09/18 House: Referred to Committee on Commerce and Labor
01/16/18 House: Impact statement from SCC (HB930)
01/23/18 House: Assigned C & L sub: Subcommittee #3
01/30/18 House: Subcommittee recommends passing by indefinitely (6-Y 4-N)

HB 946 Energy and Environment, Virginia Commission on; established, report.

Patron: Lopez

A BILL to amend the Code of Virginia by adding in Title 30 a chapter numbered 60, consisting of sections numbered 30-376 through 30-383, relating to the Virginia Commission on Energy and Environment.

18101630D

Summary as introduced:
Virginia Commission on Energy and Environment. Establishes the Virginia Commission on Energy and Environment as a legislative commission to review and recommend steps to implement the Virginia Energy Plan. The Commission is charged, among other things, with the power and duty to (i) undertake studies and gather information and data; (ii) make recommendations as may be necessary to accomplish its purposes as set forth in the legislation; (iii) make special studies of and reports on measures to secure Virginia's energy future; (iv) establish advisory committees composed of persons with special expertise not represented by individuals serving on the Commission; (v) seek, accept, and expend gifts, grants, or donations to enable the Commission to carry out its objectives; (vi) review and make recommendations on legislation affecting energy policy to the General Assembly; and (vii) report annually on its activities during the preceding year to the Governor and the General Assembly.

01/09/18 House: Prefiled and ordered printed; offered 01/10/18 18101630D
01/09/18 House: Referred to Committee on Rules
01/19/18 House: Assigned Rules sub: Subcommittee #1
01/26/18 House: Impact statement from DPB (HB946)
02/01/18 House: Subcommittee recommends passing by indefinitely (4-Y 3-N)

HB 963 Electric and natural gas utilities; energy efficiency goals.

Patrons: Sullivan and Kory

A BILL to amend and reenact § 56-235.1 of the Code of Virginia, relating to electric and natural gas utilities; energy efficiency goals established.

18101190D

Summary as introduced:
Electric and natural gas utilities; energy efficiency goals. Requires investor-owned electric utilities, cooperative electric utilities, and investor-owned natural gas distribution utilities to meet incremental annual energy efficiency goals. Electric utilities are required to implement cost-effective energy efficiency measures to achieve the goal of two percent savings by 2033 and thereafter, with interim goals that start at 0.25 percent for 2019-2020 and increase in biennial increments of 0.25 percent until 2033. Gas utilities are required to achieve the goal of one percent savings by 2033 and thereafter, with interim goals that start at 0.125 percent for 2019-2020 and increase in biennial increments of 0.125 percent until 2033. The utilities are required to submit energy efficiency plans with the State Corporation Commission (SCC). The SCC (i) shall order changes to a plan submitted by a utility that does not demonstrate that the utility will achieve incremental annual energy efficiency goals; (ii) shall require utilities to commence compliance efforts with the incremental annual energy efficiency goals during calendar year 2019, though it may adjust the goal for 2019 if appropriate to address a partial year of implementation; (iii) may design performance incentives that reward utilities for exceeding efficiency goals; (iv) shall require utilities to report annually to the SCC on their efforts and progress in meeting the incremental annual energy efficiency goals; and (v) shall submit reports regarding compliance with the requirements of the incremental annual energy efficiency goals every five years.

01/09/18 House: Prefiled and ordered printed; offered 01/10/18 18101190D
01/09/18 House: Referred to Committee on Commerce and Labor
01/16/18 House: Impact statement from SCC (HB963)
01/23/18 House: Assigned C & L sub: Subcommittee #3
01/30/18 House: Subcommittee recommends passing by indefinitely (6-Y 4-N)

HB 964 Electric utilities; energy efficiency programs.

Patron: Sullivan

A BILL to amend and reenact § 56-576 of the Code of Virginia, relating to electric utility regulation; energy efficiency programs.

18102434D

Summary as introduced:
Electric utilities; energy efficiency programs. Removes the Ratepayer Impact Measure Test from the list of tests that the State Corporation Commission (SCC) is required to consider when determining that an energy efficiency program proposed by an electric utility is in the public interest. The measure provides that the SCC shall consider if the net present value of a program's benefits exceeds the net present value of its costs as determined under the Total Resource Cost Test, the Utility Cost Test, and the Participant Test.

01/09/18 House: Prefiled and ordered printed; offered 01/10/18 18102434D
01/09/18 House: Referred to Committee on Commerce and Labor
01/16/18 House: Impact statement from SCC (HB964)
01/23/18 House: Assigned C & L sub: Subcommittee #3
01/30/18 House: Subcommittee recommends passing by indefinitely (6-Y 4-N)

HB 965 Energy efficiency programs; definition of benefit-cost ratio and total resource cost test.

Patrons: Sullivan and Kory

A BILL to amend and reenact §§ 56-576 and 56-600 of the Code of Virginia, relating to electric and natural gas utilities; energy efficiency programs.

18101188D

Summary as introduced:
Energy efficiency programs; Total Resource Cost Test. Defines the Total Resource Cost Test as a test to determine if the benefit-cost ratio of a proposed energy efficiency program or measure is greater than one. The measure defines "benefit-cost ratio" as the ratio of the net present value of the total benefits of a program or measure, including savings and non-energy benefits, to the net present value of the total incremental costs of implementing that program or measure as calculated over the lifetime of the measures implemented thereunder. An energy efficiency program or measure that meets the Total Resource Cost Test is declared to be in the public interest. The measure provides that an energy efficiency program or measure that fails the Total Resource Cost Test shall be reviewed by the State Corporation Commission (SCC) under other tests for approving energy efficiency. The Total Resource Cost Test is one of the four tests used by the SCC in assessing electricity and natural gas utility energy efficiency programs.

01/09/18 House: Prefiled and ordered printed; offered 01/10/18 18101188D
01/09/18 House: Referred to Committee on Commerce and Labor
01/16/18 House: Impact statement from SCC (HB965)
01/23/18 House: Assigned C & L sub: Subcommittee #3
01/30/18 House: Subcommittee failed to recommend reporting (4-Y 6-N)

HB 975 Electric utilities; new generation sources.

Patron: Guzman

A BILL to amend and reenact § 56-46.1 of the Code of Virginia, relating to electric utility generating facilities; renewable sources.

18103689D

Summary as introduced:
Electric utilities; new generation sources. Prohibits the State Corporation Commission from issuing a certificate of public convenience and necessity for the construction on or after January 1, 2018, of an electric generating facility unless at least 20 percent of the rated capacity of all electric generation facilities approved in that calendar year, including the facility for which the certificate is requested, will be based on the capacity of the facility or facilities to generate electric power from a renewable energy source.

01/09/18 House: Prefiled and ordered printed; offered 01/10/18 18103689D
01/09/18 House: Referred to Committee on Commerce and Labor
01/16/18 House: Impact statement from SCC (HB975)
01/23/18 House: Assigned C & L sub: Subcommittee #3
02/06/18 House: Subcommittee recommends passing by indefinitely (6-Y 3-N)

HB 978 Electric utilities; net energy metering, standby charges.

Patron: Guzman

A BILL to amend and reenact § 56-594 of the Code of Virginia, relating to electric utilities; net energy metering; standby charges.

18101632D

Summary as introduced:
Electric utilities; net energy metering; standby charges. Requires the State Corporation Commission, before approving a supplier's proposed standby charge methodology, to find that a value of solar analysis demonstrates that the standby charges reflect the supplier's net costs or benefits properly associated with serving the customers that have installed a net metered generation facility. The bill specifies that a value of solar analysis determines such net costs or benefits by subtracting the value of all benefits provided to the supplier or the electric grid as a result of the installation and operation of the solar generation facility from the portion of the supplier's infrastructure costs that are properly associated with serving such customers.

01/09/18 House: Prefiled and ordered printed; offered 01/10/18 18101632D
01/09/18 House: Referred to Committee on Commerce and Labor
01/16/18 House: Impact statement from SCC (HB978)
01/23/18 House: Assigned C & L sub: Subcommittee #3
01/30/18 House: Subcommittee recommends striking from docket (10-Y 0-N)

HB 1155 Distributed and renewable generation of electric energy; net energy metering.

Patron: Simon

A BILL to amend and reenact §§ 56-265.1, 56-576, 56-577, 56-594, and 67-102 of the Code of Virginia, relating to the regulation of electric utilities; distributed and renewable energy generation; power purchase agreements with non-utilities; net energy metering programs; Commonwealth's energy policy.

18102622D

Summary as introduced:
Distributed and renewable generation of electric energy; net energy metering and third party purchase agreements. Exempts generators that are not organized as a public service company and that provide electric energy from renewable energy to retail customers under certain power purchase agreements from being defined as a public utility or a supplier. The measure authorizes retail customers to purchase electric energy from such generators, provided that the renewable energy electricity generation source is located on property owned, leased, or otherwise controlled by the retail customer or any affiliated person. The net energy metering programs are amended to remove the one percent cap relative to total utility sales for net metered facilities. The State Corporation Commission is directed to establish separate net energy metering programs for eligible multi-meter customer-generators, who are customers that own or operate, or contract with another person to own or operate, or both, a renewable energy generating facility that (i) uses as its sole energy source solar power, wind power, or aerobic or anaerobic digester gas; (ii) does not have an aggregate generation capacity of more than one megawatt; and (iii) is used primarily to provide energy to metered accounts of the customer. The measure amends the Commonwealth's energy policy by adding the goals of encouraging private sector distributed renewable energy, increasing security of the electricity grid by supporting distributed renewable energy projects, and augmenting the exercise of private property rights by landowners desiring to generate their own energy from renewable energy sources on their lands.

01/10/18 House: Prefiled and ordered printed; offered 01/10/18 18102622D
01/10/18 House: Referred to Committee on Commerce and Labor
01/19/18 House: Impact statement from SCC (HB1155)
01/23/18 House: Assigned C & L sub: Subcommittee #3
01/30/18 House: Subcommittee recommends passing by indefinitely (6-Y 4-N)

HB 1202 Electrical transmission lines; approval of underground construction, establishes pilot program.

Patrons: Hugo; Senator: Black

A BILL establishing a pilot program approving the construction of two underground electric transmission lines.

18104402D

Summary as introduced:
Electrical transmission lines; approval of underground construction; pilot program. Establishes a pilot program consisting of the approval of the underground construction of two electrical transmission lines. As a part of the pilot program, the State Corporation Commission (SCC) is directed to approve as a qualifying project a transmission line that appears to track the I-66 Hybrid Route that has been considered in the application of Dominion Energy for the Haymarket transmission line project in Prince William County. The measure establishes criteria to be used by the SCC in approving the second project. The approval of a transmission line satisfies local zoning requirements. The SCC is directed to approve a rate adjustment clause to allow the utility to recover from the utility's Virginia jurisdictional customers the costs of the project that are not otherwise recoverable under existing provisions. The measure directs the SCC to submit annual reports on the pilot program.

01/10/18 House: Prefiled and ordered printed; offered 01/10/18 18104402D
01/10/18 House: Referred to Committee on Commerce and Labor
01/21/18 House: Impact statement from SCC (HB1202)
01/23/18 House: Assigned C & L sub: Subcommittee #3
01/30/18 House: Subcommittee recommends incorporating (HB1558-Kilgore)

HB 1215 Electric utilities; solar generation capacity, public interest.

Patron: Hugo

A BILL to amend the Code of Virginia by adding a section numbered 56-585.1:4, relating to solar energy capacity in the Commonwealth.

18102964D

Summary as introduced:
Electric utilities; solar generation capacity; public interest. Declares that the construction or purchase of certain solar generation facilities, or the purchase of the energy, capacity, and environmental attributes from the facilities, is in the public interest. An enactment clause states that the development of certain solar generation facilities is encouraged in order to enable ratepayers to obtain the benefit of this energy source during the remaining period of the existing federal investment tax credit.

01/10/18 House: Prefiled and ordered printed; offered 01/10/18 18102964D
01/10/18 House: Referred to Committee on Commerce and Labor
01/23/18 House: Assigned C & L sub: Subcommittee #3
01/23/18 House: Impact statement from SCC (HB1215)
01/30/18 House: Subcommittee recommends incorporating (HB1558-Kilgore)

HB 1228 Utility rates; voluntary rate design schedules or riders.

Patron: Hugo

A BILL to amend and reenact § 56-234 of the Code of Virginia, relating to public utility rates; timeline for orders on voluntary rate design schedules or riders.

18103028D

Summary as introduced:
Utility rates; voluntary rate design schedules or riders. Requires the State Corporation Commission (SCC) to enter its final order on certain petitions filed by an investor-owned electric utility within three months after the date of the hearing of such petition. The measure applies to petitions seeking approval of a schedule or rider for a voluntary rate or rate design test or experiment. An existing exemption to the requirement that each public utility uniformly charge each of its customers using its service under like conditions allows a utility to implement special rates upon SCC approval of a petition for a voluntary rate or rate design test or experiment.

01/10/18 House: Prefiled and ordered printed; offered 01/10/18 18103028D
01/10/18 House: Referred to Committee on Commerce and Labor
01/21/18 House: Impact statement from SCC (HB1228)
01/23/18 House: Assigned C & L sub: Subcommittee #3
01/30/18 House: Subcommittee recommends incorporating (HB1558-Kilgore)

HB 1252 Renewable energy power purchase agreements; pilot programs.

Patrons: Kilgore, Kory, Lopez and Toscano

A BILL to amend and reenact the first enactment of Chapters 358 and 382 of the Acts of Assembly of 2013, as amended by Chapter 803 of the Acts of Assembly of 2017, relating to pilot programs for certain power purchase agreements.

18106339D

Summary as passed House:

Renewable energy power purchase agreements; pilot programs. Requires Kentucky Utilities (KU) to establish a pilot program for certain third party power purchase agreements. The measure provides that participation in the service territories of KU and Appalachian Power Company (APCo) is limited to eligible customer-generators that are (i) exempt under § 501(c)(3) of the Internal Revenue Code; (ii) elementary, middle or secondary schools; or (iii) public or nonprofit private institutions of higher education. The bill explicitly prohibits APCo and KU customers that are being served pursuant to subdivision A 5of § 56-577 of the Code of Virginia from participating in the pilot programs.

02/07/18 House: Read third time and passed House BLOCK VOTE (98-Y 0-N)
02/07/18 House: VOTE: BLOCK VOTE PASSAGE (98-Y 0-N)
02/08/18 Senate: Constitutional reading dispensed
02/08/18 Senate: Referred to Committee on Commerce and Labor
02/08/18 House: Impact statement from SCC (HB1252H1)

HB 1253 Electric utility regulation; net energy metering by municipalities.

Patron: Tran

A BILL to amend and reenact § 56-589 of the Code of Virginia, relating to electric utility regulation; municipal net metering.

18104514D

Summary as introduced:
Net energy metering by municipalities. Authorizes municipal renewable energy net metering projects. Participating municipalities are authorized to aggregate the electric energy load of their governmental buildings, facilities, and any other governmental operations requiring the consumption of electric energy for the purpose of net energy metering from a renewable energy generating facility. To be eligible, the generation facility for the municipal renewable energy net metering project shall use as its sole energy source solar power, wind power, or aerobic or anaerobic digester gas and landfill gas; not have an aggregate generation capacity of more than five megawatts unless a utility elects a higher capacity; be located on land owned, leased, or operated by the municipality; be interconnected and operated in parallel with an electric utility's transmission and distribution facilities; and be used primarily to provide energy to metered accounts of the municipality. The aggregated municipal net metered accounts may be served by multiple meters that are located at separate sites.

01/10/18 House: Prefiled and ordered printed; offered 01/10/18 18104514D
01/10/18 House: Referred to Committee on Commerce and Labor
01/21/18 House: Impact statement from SCC (HB1253)
01/23/18 House: Assigned C & L sub: Subcommittee #3
01/30/18 House: Subcommittee recommends passing by indefinitely (6-Y 4-N)

HB 1258 Wireless communications infrastructure; zoning.

Patrons: Kilgore, Kory, Byron, Heretick and Marshall; Senators: Dance, Ruff and Stanley

A BILL to amend and reenact § 15.2-2316.3 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 15.2-2316.4:1, 15.2-2316.4:2, and 15.2-2316.4:3, relating to zoning for wireless communications infrastructure.

18106428D

Summary as introduced:
Zoning for wireless communications infrastructure. Establishes parameters regarding applications for zoning approvals for certain wireless support structures. Applications for certain new wireless support structures that are 50 feet or less above ground level and for the co-location on an existing structure of a wireless facility that is not a small cell facility are exempt from requirements that they obtain a special exception, special use permit, or variance, though a locality may require administrative review for the issuance of any zoning permits or an acknowledgement that zoning approval is not required for such projects. Aspects of the zoning approval process addressed in this measure include periods for approval or disapproval of applications, a requirement that applications are deemed approved if not approved or disapproved within the applicable period; application fees; a prohibition against unreasonably discriminating between applicants and other wireless services providers, providers of telecommunications services, and nonpublic providers of cable television and electric services; and limits on the number of new wireless support structures that can be installed in a specific location. The measure also prohibits a locality, in its receiving, consideration, and processing of an application for zoning approval, from engaging in certain activities.

02/08/18 House: Printed as engrossed 18106428D-EH1
02/09/18 House: Read third time and passed House (56-Y 41-N 2-A)
02/09/18 House: VOTE: PASSAGE (56-Y 41-N 2-A)
02/12/18 Senate: Constitutional reading dispensed
02/12/18 Senate: Referred to Committee on Commerce and Labor

HB 1261 Energy efficiency programs; programs proposed by an electric utility.

Patron: Hugo

A BILL to amend and reenact §§ 56-576 and 56-600 of the Code of Virginia, relating to electric and natural gas utilities; energy efficiency programs.

18104322D

Summary as introduced:
Energy efficiency programs. Provides that an energy efficiency program proposed by an electric utility is in the public interest if the net present value of the benefits exceeds the net present value of the costs as determined by any three of four benefit cost tests. The four tests to be considered are the Total Resource Cost Test, the Utility Cost Test, the Participant Test, and the Ratepayer Impact Measure Test. The measure also revises the existing standard for what constitutes a cost-effective conservation and energy efficiency program conducted by a natural gas utility to conform to the provisions for electric utilities.

01/10/18 House: Prefiled and ordered printed; offered 01/10/18 18104322D
01/10/18 House: Referred to Committee on Commerce and Labor
01/21/18 House: Impact statement from SCC (HB1261)
01/23/18 House: Assigned C & L sub: Subcommittee #3
01/30/18 House: Subcommittee recommends incorporating (HB1558-Kilgore)

HB 1273 Va. Alternative Energy & Coastal Protection Act; regulations to establish carbon dioxide cap, etc.

Patrons: Bulova, Helsel and Carr; Senator: Lewis

A BILL to establish a carbon dioxide cap and trade program; authorization to establish an auction allowance program consistent with the Regional Greenhouse Gas Initiative Memorandum of Understanding; deposit and distribution of proceeds of allowance auctions; Virginia Alternative Energy and Coastal Protection Act.

18103834D

Summary as introduced:
Virginia Alternative Energy and Coastal Protection Act. Directs the State Air Pollution Control Board to adopt regulations establishing a carbon dioxide cap and trade program to reduce emissions released by electric generation facilities. The regulations are required to comply with the Regional Greenhouse Gas Initiative model rule. The measure authorizes the Director of the Department of Environmental Quality to establish, implement, and manage an auction program to sell allowances into a market-based trading program. The measure requires revenues from the sale of carbon allowances, to the extent permitted by Article X, Section 7 of the Constitution of Virginia, to be deposited in an interest-bearing account and to be distributed without further appropriation (i) to the Virginia Shoreline Resiliency Fund, (ii) to the VirginiaSAVES program, (iii) for certain programs in Southwest Virginia, and (iv) for administrative expenses.

01/10/18 House: Prefiled and ordered printed; offered 01/10/18 18103834D
01/10/18 House: Referred to Committee on Commerce and Labor
01/23/18 House: Assigned C & L sub: Subcommittee #3
01/30/18 House: Subcommittee failed to recommend reporting (4-Y 6-N)
02/01/18 House: Impact statement from DPB (HB1273)

HB 1344 Va. Alternative Energy and Coastal Protection Act; establishing funding source to affected locality.

Patron: Turpin

A BILL to establish a statewide funding source to affected localities for flood resilience; Virginia Alternative Energy and Coastal Protection Act.

18103214D

Summary as introduced:
Virginia Alternative Energy and Coastal Protection Act. Authorizes the State Air Pollution Control Board to conduct an auction of allowances of CO2 emissions or authorize the Department of Environmental Quality to operate such auction. The bill establishes the Commonwealth Resilience Fund to receive funds from the auction and directs the funds to certain programs. Beginning in January 2021, the Department is required to file an annual report on the auction.

01/11/18 House: Presented and ordered printed 18103214D
01/11/18 House: Referred to Committee on Rules

HB 1365 Va. Alternative Energy and Coastal Protection Act; establishing funding source to affected locality.

Patron: Adams, D.M.

A BILL to establish a statewide funding source to affected localities for flood resilience; Virginia Alternative Energy and Coastal Protection Act.

18104750D

Summary as introduced:
Virginia Alternative Energy and Coastal Protection Act. Authorizes the State Air Pollution Control Board to conduct an auction of allowances of CO2 emissions or authorize the Department of Environmental Quality to operate such auction. The bill establishes the Commonwealth Resilience Fund to receive funds from the auction and directs the funds to certain programs. Beginning in January 2021, the Department is required to file an annual report on the auction.

01/11/18 House: Presented and ordered printed 18104750D
01/11/18 House: Referred to Committee on Rules

HB 1372 Green job creation tax credit; extends sunset provision through taxable year 2019.

Patron: Lopez

A BILL to amend and reenact § 58.1-439.12:05 of the Code of Virginia, relating to green job creation tax credit; extends sunset provision.

18104175D

Summary as introduced:
Green job creation tax credit; extends sunset provision. Extends through taxable year 2019 the sunset date for the green job creation tax credit. Under current law, the credit expires for taxable years beginning on January 1, 2018.

02/08/18 House: Passed by for the day
02/09/18 House: Read third time and passed House (79-Y 19-N 1-A)
02/09/18 House: VOTE: PASSAGE (79-Y 19-N 1-A)
02/12/18 Senate: Constitutional reading dispensed
02/12/18 Senate: Referred to Committee on Finance

HB 1427 Wireless support structures; public rights-of-way use fees established.

Patrons: Kilgore, Kory, Byron, Heretick and Marshall; Senators: Dance, Ruff and Stanley

A BILL to amend the Code of Virginia by adding in Chapter 15.1 of Title 56 a section numbered 56-484.32, relating to wireless support structures; public rights-of-way use fees.

18104250D

Summary as introduced:
Wireless support structures; public rights-of-way use fees. Establishes an annual wireless support structure public rights-of-way use fee to be charged to wireless services providers and wireless infrastructure providers in connection with a permit for occupation and use of the public rights-of-way under the jurisdiction of the Department of Transportation (VDOT) or a locality for the construction of new wireless support structures. The amount of the use fee is (i) $1,000 for any wireless support structure at or below 50 feet in height; (ii) $3,000 for any wireless support structure above 50 feet and at or below 120 feet in height; (iii) $5,000 for any wireless support structure above 120 feet in height; and (iv) $1 per square foot for any other equipment, shelter, or associated facilities constructed on the ground. The measure provides that the use fee amounts shall be adjusted every five years on the basis of inflation. The measure also provides that an existing agreement, contract, license, easement, or permit allowing the use of the public rights-of-way by a wireless services provider or wireless infrastructure provider may be enforced by VDOT or the locality only until the current term of the agreement, contract, license, easement, or permit expires.

02/08/18 House: Read second time and engrossed
02/09/18 House: Read third time and passed House (83-Y 14-N 2-A)
02/09/18 House: VOTE: PASSAGE (83-Y 14-N 2-A)
02/12/18 Senate: Constitutional reading dispensed
02/12/18 Senate: Referred to Committee on Commerce and Labor

SB 9 Electric utility regulation; suspension of reviews of earnings, transitional rate period.

Patrons: Petersen, Chase, Suetterlein, Wexton, Deeds and McPike; Delegate: Rasoul

A BILL to amend and reenact § 56-585.1:1 of the Code of Virginia, relating to electric utility regulation; suspension of reviews of earnings; conclusion of transitional rate period.

18100025D

Summary as introduced:
Electric utility regulation; suspension of reviews of earnings; transitional rate period. Provides that the transitional rate period for Virginia Electric and Power Company (Dominion) will conclude on December 31, 2018, and its next biennial review will be conducted in 2019. The transitional rate period for Dominion currently is scheduled to expire on December 31, 2019, and its next biennial review is scheduled to occur in 2022. The measure does not change the date Appalachian Power's transitional rate period is scheduled to conclude (December 31, 2017), but does advance the year of its next biennial review from 2020 to 2018. During the first biennial reviews after the conclusion of the transitional rate period, the State Corporation Commission shall review the earnings of the utilities during the Transitional Rate Period and order adjustments to rates or credits to customers, if warranted. Pursuant to the 2015 legislation, the State Corporation Commission is barred from conducting a biennial review of the rates, terms, and conditions for any service of an electric utility during its transitional rate period.

11/20/17 Senate: Prefiled and ordered printed; offered 01/10/18 18100025D
11/20/17 Senate: Referred to Committee on Commerce and Labor
01/10/18 Senate: Impact statement from SCC (SB9)
01/15/18 Senate: Passed by indefinitely in Commerce and Labor (13-Y 1-N)

SB 83 Renewable energy; third-party power purchase agreements.

Patrons: Edwards; Delegate: Kory

A BILL to amend and reenact § 56-1.2 of the Code of Virginia; to amend the Code of Virginia by adding sections numbered 56-1.2:2, 56-232.2:2, and 56-594.3; and to repeal Chapters 358 and 382 of the Acts of Assembly of 2013, as amended by Chapter 803 of the Acts of Assembly of 2017, relating to the regulation of retail sales of electricity under third-party sales agreements.

18101562D

Summary as introduced:
Renewable energy; third-party power purchase agreements. Replaces the pilot program initially enacted in 2013 that authorized certain third-party power purchase agreements providing financing of certain renewable generation facilities. The measure requires the State Corporation Commission to establish third-party power purchase agreement programs for each electric utility. The programs authorized by this measure apply to all electric utilities and do not set limits on the size of facilities. The measure also exempts sellers under third-party power purchase agreements from being defined as a public utility, public service corporation, public service company, or electric utility solely because of the sale of electricity or ownership or operation of a renewable generation facility.

12/08/17 Senate: Prefiled and ordered printed; offered 01/10/18 18101562D
12/08/17 Senate: Referred to Committee on Commerce and Labor
01/12/18 Senate: Impact statement from SCC (SB83)
02/05/18 Senate: Continued to 2019 in Commerce and Labor (13-Y 0-N)

SB 179 Comprehensive plan; solar facilities.

Patron: Stanley

A BILL to amend and reenact § 15.2-2232 of the Code of Virginia, relating to comprehensive plan; solar facilities.

18103842D

Summary as passed Senate:

Comprehensive plan; solar facilities. Provides that a solar facility subject to provisions requiring the facility to be substantially in accord with a locality's comprehensive plan shall be deemed to be substantially in accord with the comprehensive plan if (i) such proposed solar facility is located in a zoning district that allows such solar facilities by right or (ii) such proposed solar facility is designed to serve the electricity or thermal needs of the property upon which such facility is located, or will be owned or operated by an eligible customer-generator or eligible agricultural customer-generator under § 56-594 or by a small agricultural generator under § 56-594.2. The bill authorizes a locality to allow for a substantial accord review for other solar facilities to be advertised and approved concurrently in a public hearing process with a rezoning, special exception, or other approval process.

02/02/18 Senate: Printed as engrossed 18103842D-E
02/05/18 Senate: Read third time and passed Senate (40-Y 0-N)
02/08/18 House: Placed on Calendar
02/08/18 House: Read first time
02/08/18 House: Referred to Committee on Counties, Cities and Towns

SB 284 Electric utilities; solar generation capacity, public interest.

Patron: Saslaw

A BILL to amend the Code of Virginia by adding a section numbered 56-585.1:4, relating to solar energy capacity in the Commonwealth.

18102528D

Summary as introduced:
Electric utilities; solar generation capacity; public interest. Declares that the construction or purchase of certain solar generation facilities, or the purchase of the energy, capacity, and environmental attributes from the facilities, is in the public interest. An enactment clause states that the development of solar generation facilities is encouraged in order to enable ratepayers to obtain the benefit of this energy source during the remaining period of the existing federal investment tax credit.

01/05/18 Senate: Prefiled and ordered printed; offered 01/10/18 18102528D
01/05/18 Senate: Referred to Committee on Commerce and Labor
01/23/18 Senate: Impact statement from SCC (SB284)
02/02/18 Senate: Assigned C&L sub: Electric Utility
02/05/18 Senate: Stricken at request of Patron in Commerce and Labor (10-Y 0-N)

SB 285 Utility rates; voluntary rate design schedules or riders.

Patron: Saslaw

A BILL to amend and reenact § 56-234 of the Code of Virginia, relating to public utility rates; timeline for orders on voluntary rate design schedules or riders.

18102529D

Summary as introduced:
Utility rates; voluntary rate design schedules or riders. Requires the State Corporation Commission (SCC) to enter its final order on certain petitions filed by an investor-owned electric utility within eight months of the filing of the petition. The measure applies to petitions seeking approval of a schedule or rider for a voluntary rate or rate design test or experiment. An existing exemption to the requirement that each public utility uniformly charge each of its customers using its service under like conditions allows a utility to implement special rates upon SCC approval of a petition for a voluntary rate or rate design test or experiment.

01/05/18 Senate: Prefiled and ordered printed; offered 01/10/18 18102529D
01/05/18 Senate: Referred to Committee on Commerce and Labor
01/16/18 Senate: Impact statement from SCC (SB285)
02/02/18 Senate: Assigned C&L sub: Electric Utility
02/05/18 Senate: Stricken at request of Patron in Commerce and Labor (10-Y 0-N)

SB 311 Community solar gardens; SCC to establish standards for operation.

Patron: Edwards

A BILL to amend the Code of Virginia by adding a section numbered 56-585.1:4, relating to electric utilities; community solar gardens.

18101675D

Summary as introduced:

Community solar gardens. Requires the State Corporation Commission to establish standards for the operation of community solar gardens. A community solar garden is defined in the bill as a solar energy system that (i) has a nameplate capacity of not more than 20 megawatts, (ii) is owned or operated by a subscriber organization, and (iii) generates electricity for subscribers of the community solar garden. The regulations are required, among other things, to (a) establish goals for the generation of electricity by community solar gardens; (b) establish eligibility requirements for subscriber organizations, including a requirement that a subscriber organization have at least 10 subscribers; (c) prohibit a subscriber organization from allowing a subscriber to have a subscription that exceeds 40 percent of a proportional interest in a community solar garden owned or operated by the subscriber organization; (d) prohibit a subscriber organization from allowing subscriptions to a community solar garden that are more than 25 kilowatts to account for more than 40 percent of the total generating capacity of the community solar garden; and (e) require that at least 10 percent of the total generating capacity of community solar gardens be available for use by low-income residential customers or by persons providing services that benefit low-income customers. A subscriber is entitled to a credit on the subscriber's monthly utility bill for the proportional output of the community solar garden attributable to that subscriber for the preceding month; the credit is required to be provided for 25 years. The measure requires utilities to purchase unsubscribed electricity generated by a community solar garden within the service area of the utility.

01/08/18 Senate: Prefiled and ordered printed; offered 01/10/18 18101675D
01/08/18 Senate: Referred to Committee on Commerce and Labor
01/21/18 Senate: Impact statement from SCC (SB311)
02/05/18 Senate: Continued to 2019 in Commerce and Labor (11-Y 0-N)

SB 312 Cooperative procurement of professional services; construction, solar power purchase agreements.

Patron: Edwards

A BILL to amend and reenact §§ 11-34.2 and 11-34.3 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 11-34.3:1, relating to contracts to provide solar services.

18106351D

Summary as introduced:

Cooperative procurement of professional services; construction; solar power purchase agreements. Provides that construction performed in creating a good or service pursuant to a solar services agreement, solar power purchase agreement, or solar self-generation agreement shall not be defined as construction, notwithstanding any reference to "construction" in a request for proposal for a solar services agreement, solar power purchase agreement, or solar self-generation agreement. The measure also provides that professional services, such as engineering, performed in creating a good or service pursuant to a solar services agreement, solar power purchase agreement, or solar self-generation agreement shall not be defined as a professional service, notwithstanding any reference to "professional services" in a request for proposal for a solar services agreement, solar power purchase agreement, or solar self-generation agreement. The measure authorizes any contracting entity to purchase services under a solar services agreement, solar power purchase agreement, or solar self-generation agreement entered into by another contracting entity, even if it did not participate in the request for proposals, if the request for proposals specified that the procurement was being conducted on behalf of other contracting entities. The measure specifies that project agreements for power purchase agreements that reference a master solar power purchase agreement, whether or not the master power purchase agreement is still in effect, shall be binding and effective stand-alone agreements for as long as the life of the project agreements, and may be used by a contracting entity to purchase services under a cooperative procurement agreement. The measure has a delayed effective date of January 1, 2019.

02/12/18 Senate: Read second time
02/12/18 Senate: Reading of substitute waived
02/12/18 Senate: Committee substitute agreed to 18106351D-S1
02/12/18 Senate: Amendment by Senator Edwards withdrawn
02/12/18 Senate: Engrossed by Senate - committee substitute SB312S1

SB 313 Community solar generation; establishment of facilities.

Patron: Edwards

A BILL to amend the Code of Virginia by adding a section numbered 56-594.3, relating to electric utilities; community solar generation facilities; subscriber organizations.

18104237D

Summary as introduced:
Community solar generation facilities. Authorizes the establishment of community solar generation facilities, which are required to be owned by a subscriber organization that has at least 10 subscribers. Subscribers will receive credits on their utility bills from energy generated at the solar facility in proportion to the size of their subscription. The output from a community solar generation facility shall be purchased by the utility in the form of subscription credits allocated to the subscribers. To the extent that a subscriber's subscription credit exceeds the subscriber's electric bill in any billing period, the credit will be applied against future bills.

01/08/18 Senate: Prefiled and ordered printed; offered 01/10/18 18104237D
01/08/18 Senate: Referred to Committee on Commerce and Labor
01/21/18 Senate: Impact statement from SCC (SB313)
02/05/18 Senate: Committee substitute printed to LIS only 18104874D-S1
02/05/18 Senate: Continued to 2019 in Commerce and Labor (14-Y 0-N)

SB 405 Wireless communications infrastructure; zoning.

Patrons: McDougle, Dance, Ruff and Stanley; Delegates: Byron, Heretick and Kory

A BILL to amend and reenact § 15.2-2316.3 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 15.2-2316.4:1, 15.2-2316.4:2, and 15.2-2316.4:3, relating to zoning for wireless communications infrastructure.

18106360D

Summary as passed Senate:

Zoning for wireless communications infrastructure. Establishes parameters regarding applications for zoning approvals for certain wireless support structures. Applications for certain new wireless support structures that are 50 feet or less above ground level and for the co-location on an existing structure of a wireless facility that is not a small cell facility are exempt from requirements that they obtain a special exception, special use permit, or variance, though a locality may require administrative review for the issuance of any zoning permits or an acknowledgement that zoning approval is not required for such projects. Aspects of the zoning approval process addressed in this measure include periods for approval or disapproval of applications, a requirement that applications are deemed approved if not approved or disapproved within the applicable period; application fees; a prohibition against unreasonably discriminating between applicants and other wireless services providers, providers of telecommunications services, and nonpublic providers of cable television and electric services; and limits on the number of new wireless support structures that can be installed in a specific location. The measure prohibits a locality, in its receiving, consideration, and processing of an application for zoning approval, from engaging in certain activities. The measure states that it does not prohibit a locality from disapproving an application submitted under a standard process project on the basis of the availability of existing wireless support structures within a reasonable distance that could be used for co-location at reasonable terms and conditions without imposing technical limitations on the applicant. The measure also requires any publicly-owned or privately-owned wireless service provider operating within the Commonwealth or serving residents of the Commonwealth shall, by January 1, 2019, and annually thereafter by January 1, provide to the Department of Housing and Community Development a report detailing, by county, city, and town, the expansion of service in previously unserved geographic areas that are provided access to high speed Internet and wireless services.

02/08/18 Senate: Read second time
02/08/18 Senate: Reading of substitute waived
02/08/18 Senate: Committee substitute agreed to 18106360D-S1
02/08/18 Senate: Engrossed by Senate - committee substitute SB405S1
02/09/18 Senate: Read third time and passed Senate (22-Y 13-N 4-A)

SB 429 Solar facilities; local regulation.

Patrons: Stanley, Wexton, Ebbin and Mason

 A BILL to amend the Code of Virginia by adding a section numbered 15.2-2288.7, relating to local regulation of solar facilities.

18106156D

Summary as passed Senate:

Local regulation of solar facilities. Provides that a property owner may install a solar facility on the roof of a dwelling or other building to serve the electricity or thermal needs of that dwelling or building, provided that such installation is in compliance with any height and setback requirements in the zoning district where such property is located as well as any provisions pertaining to any local historic or architectural preservation district. Unless a local ordinance provides otherwise, a ground-mounted solar energy generation facility shall also be permitted, provided that such installation is in compliance with any height and setback requirements in the zoning district where such property is located as well as any provision pertaining to any local historic district. Any other proposed solar facility, including any solar facility that is designed to serve, or serves, the electricity or thermal needs of any property other than the property where such facilities are located, shall be subject to any applicable zoning regulations of the locality. The bill requires that any ground-mounted solar energy generation facility existing as of January 1, 2018 be deemed a legal nonconforming use. The bill has a delayed effective date of January 1, 2019, with respect to ground-mounted solar energy generation facilities.

02/07/18 Senate: Amendment by Senator Stanley agreed to
02/07/18 Senate: Engrossed by Senate - committee substitute with amendment SB429ES1
02/07/18 Senate: Constitutional reading dispensed (38-Y 1-N 1-A)
02/07/18 Senate: Passed Senate (38-Y 1-N 1-A)
02/07/18 Senate: Printed as engrossed 18106156D-ES1

SB 573 Green job creation tax credit; extends sunset provision through taxable year 2020.

Patron: Hanger

A BILL to amend and reenact § 58.1-439.12:05 of the Code of Virginia, relating to green job creation tax credit; extends sunset provision.

18103208D

Summary as introduced:
Green job creation tax credit; extends sunset provision. Extends through taxable year 2020 the sunset date for the green job creation tax credit. Under current law, the credit expires for taxable years beginning on January 1, 2018.

02/02/18 Senate: Read second time and engrossed
02/05/18 Senate: Read third time and passed Senate (37-Y 3-N)
02/08/18 House: Placed on Calendar
02/08/18 House: Read first time
02/08/18 House: Referred to Committee on Finance

SB 662 Electric utilities; competition.

Patron: Wagner

A BILL to amend and reenact § 56-577 of the Code of Virginia, relating to electric utility regulation; ability to purchase from competing supplier.

18103013D

Summary as introduced:
Electric utilities; competition. Limits the scope of the provision that allows individual retail customers to aggregate or combine their demands in order to meet the five megawatt threshold above which they are permitted to purchase electric energy from any licensed supplier. The measure provides that the demands of individual retail customers may be aggregated or combined to meet this level only if they (i) are served by an electric cooperative with more than 150,000 customer accounts, (ii) have a combined noncoincident peak demand that exceeds 120 megawatts, and (iii) receive service at sites that are within 20 miles of each other.

01/10/18 Senate: Prefiled and ordered printed; offered 01/10/18 18103013D
01/10/18 Senate: Referred to Committee on Commerce and Labor
01/21/18 Senate: Impact statement from SCC (SB662)
02/02/18 Senate: Assigned C&L sub: Electric Utility
02/05/18 Senate: Continued to 2019 in Commerce and Labor (12-Y 0-N)

SB 696 Va. Alternative Energy & Coastal Protection Act; regulations to establish carbon dioxide cap, etc.

Patrons: Lewis and McClellan

A BILL to establish a carbon dioxide cap and trade program; authorization to establish an auction allowance program consistent with the Regional Greenhouse Gas Initiative Memorandum of Understanding; deposit and distribution of proceeds of allowance auctions; Virginia Alternative Energy and Coastal Protection Act.

18103832D

Summary as introduced:
Virginia Alternative Energy and Coastal Protection Act. Directs the State Air Pollution Control Board to adopt regulations establishing a carbon dioxide cap and trade program to reduce emissions released by electric generation facilities. The regulations are required to comply with the Regional Greenhouse Gas Initiative model rule. The measure authorizes the Director of the Department of Environmental Quality to establish, implement, and manage an auction program to sell allowances into a market-based trading program. The measure requires revenues from the sale of carbon allowances, to the extent permitted by Article X, Section 7 of the Constitution of Virginia, to be deposited in an interest-bearing account and to be distributed without further appropriation (i) to the Virginia Shoreline Resiliency Fund, (ii) to the VirginiaSAVES program, (iii) for certain programs in Southwest Virginia, and (iv) for administrative expenses.

01/10/18 Senate: Prefiled and ordered printed; offered 01/10/18 18103832D
01/10/18 Senate: Referred to Committee on Agriculture, Conservation and Natural Resources
01/25/18 Senate: Committee substitute printed to LIS only 18106055D-S1
01/25/18 Senate: Passed by indefinitely in Agriculture, Conservation and Natural Resources (8-Y 7-N)

SB 711 Electric utilities; community renewable projects.

Patron: Wexton

A BILL to amend the Code of Virginia by adding a section numbered 56-585.1:4, relating to electric utilities; community renewable projects.

18102547D

Summary as introduced:
Electric utilities; community renewable projects. Requires the State Corporation Commission to adopt rules under which community renewable projects are authorized to operate. A community renewable project is a solar-powered or wind-powered electric generation facility with a capacity of not more than 20 megawatts that is operated subject to the requirement that the electricity generated by the facility belongs to the project's subscribers. The facility may be owned either by the investor-owned electric utility or distribution cooperative in whose service territory the facility is located or a for-profit or nonprofit entity, which may be an entity entirely owned by or consisting of subscribers, that contracts to sell the electricity generated by the facility to the retail utility. The measure provides that neither the owner of a project nor its subscribers are public utilities and that prices paid for subscriptions in projects shall not be subject to regulation by the Commission. The measure also requires the retail utility to purchase all of the electricity generated by the project and that the purchase of the electricity by the utility shall take the form of a credit against the utility's electric bill to each of the project's subscribers. Finally, the measure requires the Commission to formulate and implement policies that simultaneously encourage (i) the ownership by customers of subscriptions in projects and of other forms of distributed generation to the extent the Commission finds there to be demand for such ownership; (ii) the development of projects with attributes that the Commission finds result in lower overall total costs for the retail utility's customers; and (iii) the successful financing and operation of subscriber-owned projects.

01/10/18 Senate: Prefiled and ordered printed; offered 01/10/18 18102547D
01/10/18 Senate: Referred to Committee on Commerce and Labor
01/21/18 Senate: Impact statement from SCC (SB711)
02/05/18 Senate: Continued to 2019 in Commerce and Labor (12-Y 0-N 1-A)

SB 823 Wireless support structures; public rights-of-way use fees established.

Patrons: McDougle and Dance; Delegates: Heretick and Kory

A BILL to amend the Code of Virginia by adding in Chapter 15.1 of Title 56 a section numbered 56-484.32, relating to wireless support structures; public rights-of-way use fees.

18104616D

Summary as introduced:
Wireless support structures; public rights-of-way use fees. Establishes an annual wireless support structure public rights-of-way use fee to be charged to wireless services providers and wireless infrastructure providers in connection with a permit for occupation and use of the public rights-of-way under the jurisdiction of the Department of Transportation (VDOT) or a locality for the construction of new wireless support structures. The amount of the use fee is (i) $1,000 for any wireless support structure at or below 50 feet in height; (ii) $3,000 for any wireless support structure above 50 feet and at or below 120 feet in height; (iii) $5,000 for any wireless support structure above 120 feet in height; and (iv) $1 per square foot for any other equipment, shelter, or associated facilities constructed on the ground. The measure provides that the use fee amounts shall be adjusted every five years on the basis of inflation. The measure also provides that an existing agreement, contract, license, easement, or permit allowing the use of the public rights-of-way by a wireless services provider or wireless infrastructure provider may be enforced by VDOT or the locality only until the current term of the agreement, contract, license, easement, or permit expires.

01/15/18 Senate: Referred to Committee on Commerce and Labor
02/05/18 Senate: Reported from Commerce and Labor (12-Y 0-N 2-A)
02/05/18 Senate: Rereferred to Finance
02/08/18 Senate: Reported from Finance (12-Y 3-N 1-A)
02/12/18 Senate: Constitutional reading dispensed (40-Y 0-N)

Counts: HB: 31 SB: 15


General Business/Other Research, Commercialization, Entrepreneurship and New Company Formation
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HB 20 Fair Repair Act; access to diagnostics, tools, services documentation, and firmware, penalties.

Patrons: Cole (by request), Landes, Carter, Guzman, Helsel, LaRock, Rasoul, Simon, Thomas and Webert; Senator: Black

A BILL to amend and reenact § 59.1-200 of the Code of Virginia and to amend the Code of Virginia by adding in Title 59.1 a chapter numbered 52, consisting of sections numbered 59.1-571 through 59.1-575, relating to the Fair Repair Act; access to diagnostics, tools, service documentation, and firmware; penalties.

18101107D

Summary as introduced:
Fair Repair Act. Requires the original equipment manufacturer (OEM) of digital electronic equipment to make available to independent repair providers or owners of equipment manufactured by the OEM the same diagnostic and repair information timely and for no charge, or for the same charge and in the same format the OEM makes available to its authorized repair providers. OEMs are also required to make available for purchase by the owner or an independent repair provider any diagnostic and repair equipment or service parts and tools on fair and reasonable terms. The measure does not apply to motor vehicles. A violation is a prohibited practice under the Virginia Consumer Protection Act (§ 59.1-196 et seq.). The bill has a delayed effective date of January 1, 2019.

11/22/17 House: Prefiled and ordered printed; offered 01/10/18 18101107D
11/22/17 House: Referred to Committee on Commerce and Labor
01/12/18 House: Impact statement from DPB (HB20)
01/23/18 House: Assigned C & L sub: Subcommittee #1
01/25/18 House: Subcommittee recommends passing by indefinitely (6-Y 1-N)

HB 23 Red Tape Reduction Commission; created, review of regulatory requirements, report.

Patrons: Webert, Freitas, LaRock and McGuire

A BILL to amend and reenact § 2.2-4011 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 25 of Title 2.2 an article numbered 10, consisting of sections numbered 2.2-2537 through 2.2-2545, relating to the establishment of the Red Tape Reduction Commission; review of regulatory requirements; report.

18100764D

Summary as introduced:
Red Tape Reduction Commission; review of regulatory requirements; report. Creates the Red Tape Reduction Commission (the Commission) to develop and maintain a state regulatory baseline of all current state regulatory requirements, with the initial baseline to be completed by January 1, 2020. The bill defines a regulatory requirement as any action required to be taken or information required to be provided in accordance with a statute or regulation in order to access government services or operate and conduct business and excludes requirements that are necessary to conform to changes in Virginia statutory law or the appropriation act where no agency discretion is involved or to meet requirements of federal law or regulations. The bill also provides that after the regulatory baseline has been established, any subsequent regulatory requirement proposed by an agency that is not included in the initial state regulatory baseline is considered a new regulatory requirement and requires the approval of the Commission before it may be enacted. The bill prohibits the Commission from approving a new regulation unless it replaces or repeals at least two existing regulations, until the total baseline has been reduced by 35 percent. Thereafter, approvals and corresponding replacement or repeal by the Commission shall be on a one-for-one basis. In addition, the bill provides for the Commission to review current state regulatory requirements and provide recommendations to the Governor and General Assembly on measures to reduce the baseline regulatory requirements. The bill requires the Commission to submit a report to the Governor and General Assembly by November 1, 2018, on (i) the organizational structure of the Commission, (ii) duties of staff, and (iii) guidelines for determining what constitutes a regulatory requirement.

11/27/17 House: Prefiled and ordered printed; offered 01/10/18 18100764D
11/27/17 House: Referred to Committee on General Laws
02/05/18 House: Assigned GL sub: Subcommittee #3
02/06/18 House: Subcommittee recommends striking from docket (8-Y 0-N)

HB 129 Worker retraining tax credit; manufacturing instruction for students.

Patrons: Yancey and Tran

A BILL to amend and reenact § 58.1-439.6 of the Code of Virginia, relating to worker retraining tax credit; manufacturing instruction for students.

18102417D

Summary as introduced:
Worker retraining tax credit; manufacturing instruction for students. Modifies the worker retraining tax credit by allowing credit to manufacturers conducting a manufacturing orientation, instruction, and training program that is (i) provided to students in grades six through 12, (ii) coordinated with the local school division and certified as qualified for tax credit by the Virginia Economic Partnership Development Authority, and (iii) conducted either at a plant or facility used by the manufacturer or at a public middle or high school in Virginia. The credit would equal 35 percent of the manufacturer's direct costs in providing the program, not to exceed $2,000 for any year.

02/09/18 House: Read first time
02/12/18 House: Read second time
02/12/18 House: Committee amendments agreed to
02/12/18 House: Engrossed by House as amended HB129E
02/12/18 House: Printed as engrossed 18102417D-E

HB 237 One-stop small business permitting program; extends sunset date.

Patron: Kilgore

A BILL to amend and reenact § 2.2-1617 of the Code of Virginia, relating to the one-stop small business permitting program.

18101898D

Summary as introduced:
One-stop small business permitting program. Extends the date by which the State Corporation Commission and the Department of Small Business and Supplier Diversity are required to complete aspects of the one-stop small business permitting program from June 30, 2018, to January 1, 2020. The measure also (i) deletes a provision regarding the implementation of a hyperlink in 2014, (ii) amends the description of the processes to be established for the electronic collection and exchange of data or information, and (iii) deletes requirements for biannual progress reports.

01/19/18 House: Read second time and engrossed
01/22/18 House: Read third time and passed House BLOCK VOTE (99-Y 0-N)
01/22/18 House: VOTE: BLOCK VOTE PASSAGE (99-Y 0-N)
01/23/18 Senate: Constitutional reading dispensed
01/23/18 Senate: Referred to Committee on General Laws and Technology

HB 240 Wage or salary history; inquiries prohibited, civil penalty.

Patron: Rasoul

A BILL to amend the Code of Virginia by adding in Article 1 of Chapter 3 of Title 40.1 a section numbered 40.1-28.7:6, relating to a prohibition on employers' inquiring about the wage or salary history of prospective employees; civil penalty.

18100410D

Summary as introduced:
Wage or salary history inquiries prohibited; civil penalty. Prohibits a prospective employer from (i) requiring as a condition of employment that a prospective employee provide or disclose the prospective employee's wage or salary history or (ii) attempting to obtain the wage or salary history of a prospective employee from the prospective employee's current or former employers. Violations are subject to a civil penalty not to exceed $100 per violation.

01/02/18 House: Prefiled and ordered printed; offered 01/10/18 18100410D
01/02/18 House: Referred to Committee on Commerce and Labor
01/17/18 House: Assigned C & L sub: Subcommittee #2
01/22/18 House: Impact statement from DPB (HB240)
02/06/18 House: Subcommittee recommends laying on the table (6-Y 1-N)

HB 375 Local government; prohibiting certain practice requiring contractors to provide compensation, etc.

Patron: Davis

A BILL to prohibit certain local government practices that would require contractors to provide compensation or benefits beyond those required under state or federal law.

18102176D

Summary as introduced:
Prohibit certain local government practices that would require contractors to provide certain compensation or benefits. Prohibits local governing bodies from establishing provisions related to procurement of goods, professional services, or construction that would require a wage floor or any other employee benefit or compensation above what is otherwise required by state or federal law to be provided by a contractor to one or more of the contractor's employees as part of a contract with the locality. The prohibition shall not affect contracts between a locality and another party that were executed prior to January 1, 2019, or the renewal or future rebids of services thereof. The bill provides that localities shall not be prohibited from entering into contracts for economic development incentives in which the company receiving the incentives is required to maintain a certain stated wage level for its employees.

02/12/18 House: Read second time
02/12/18 House: Committee amendment agreed to
02/12/18 House: Engrossed by House as amended HB375E (50-Y 49-N)
02/12/18 House: VOTE: ENGROSSMENT (50-Y 49-N)
02/12/18 House: Printed as engrossed 18102176D-E

HB 401 Discrimination; sexual orientation and gender identity.

Patrons: Levine, Carr, Gooditis, Murphy and Rodman

A BILL to amend and reenact §§ 2.2-3004, 2.2-3900 through 2.2-3903, 2.2-4200, 2.2-4201, 2.2-4310, 2.2-4311, 2.2-4343.1, 4.1-101.05, 6.2-501, 15.2-853, 15.2-854, 15.2-965, 15.2-1131, 15.2-1507, 15.2-1604, 22.1-306, 23.1-1017, 36-55.26, 36-96.1 through 36-96.3, 36-96.4, 38.2-2114, 38.2-2115, 38.2-2212, 38.2-2213, 40.1-121, and 55-248.47 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 2.2-2901.1, 15.2-1500.1, and 22.1-295.2, relating to prohibited discrimination; sexual orientation and gender identity.

18101020D

Summary as introduced:
Prohibited discrimination; sexual orientation and gender identity. Prohibits discrimination in employment, public accommodation, public contracting, apprenticeship programs, housing, banking, and insurance on the basis of sexual orientation or gender identity. The bill codifies existing prohibited discrimination in public employment on the basis of race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, disability, or status as a veteran and adds discrimination based on sexual orientation or gender identity to the list of unlawful discriminatory housing practices. The bill contains technical amendments.

01/05/18 House: Prefiled and ordered printed; offered 01/10/18 18101020D
01/05/18 House: Referred to Committee on General Laws
01/15/18 House: Impact statement from DPB (HB401)
02/07/18 House: Assigned GL sub: Subcommittee #1
02/08/18 House: Subcommittee recommends laying on the table (5-Y 2-N)

HB 468 Digital devices; deactivation or alteration of embedded software.

Patrons: Carter, Cole and Plum

A BILL to amend the Code of Virginia by adding in Title 59.1 a chapter numbered 52, consisting of sections numbered 59.1-571, 59.1-572, and 59.1-573, relating to the deactivation or alteration of embedded software in digital devices.

18102572D

Summary as introduced:
Digital devices; deactivation or alteration of embedded software. Prohibits the original equipment manufacturer of a digital device from deactivating embedded software, defined in the bill, in the digital device or altering embedded software so as to substantially alter the functioning of the digital device as a response to it being repaired by an independent repair provider.

01/07/18 House: Prefiled and ordered printed; offered 01/10/18 18102572D
01/07/18 House: Referred to Committee on Science and Technology
01/18/18 House: Impact statement from DPB (HB468)
01/29/18 House: Passed by indefinitely in Science and Technology (12-Y 9-N)

HB 513 Small Business and Supplier Diversity, Department of; implementation of certification programs.

Patrons: Wilt, Lopez and Knight

A BILL to amend and reenact §§ 2.2-1604, 2.2-1605, 2.2-1606, and 2.2-4310 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 2.2-1606.1, relating to the Department of Small Business and Supplier Diversity; implementation of certification programs for small businesses; definition of small business; report.

18100985D

Summary as introduced:
Department of Small Business and Supplier Diversity; implementation of certification programs for small businesses; definition of small business; report. Changes the definition of small business, beginning July 1, 2019, to meet the small business size standards established by the regulations of the U.S. Small Business Administration. The bill provides that any business entity that the Department of Small Business and Supplier Diversity (the Department) has certified as a small business prior to July 1, 2019, shall have such certification extended for a three-year period. The bill also provides that the Director of the Department adopt regulations that will, beginning July 1, 2019, establish a three-year certification period for small businesses to be based on the dominant business activity of each small business entity. The bill (i) includes a definition of "dominant business activity"; (ii) provides for the Department to enter into a memorandum of understanding with appropriate agencies establishing provisions for the sharing of information consistent with the requirements of state and federal law; (iii) authorizes the Director to terminate a contract with any independent certifying entities to assist in the certification of small, women-owned, and minority-owned businesses based on performance or a written determination by the Director that continuing the contract is not practicable, and (iv) requires the Secretary of Commerce and Trade to evaluate the effect of the implementation of the new definition at three-year intervals, reporting to the Governor and General Assembly by December 1, 2022, and December 1, 2025.

01/30/18 House: Subcommittee recommends referring to Committee on Appropriations
02/01/18 House: Reported from General Laws (12-Y 10-N)
02/01/18 House: Referred to Committee on Appropriations
02/02/18 House: Assigned App. sub: Commerce, Agriculture, Natural Resources & Technology
02/07/18 House: Subcommittee recommends continuing to 2019

HB 626 Wages; limiting employees' sharing of information prohibited, civil penalty.

Patrons: Ayala, Lopez, Boysko, Carter, Delaney, Hurst, Krizek, Levine, Plum, Rodman and Watts

A BILL to amend the Code of Virginia by adding in Article 1 of Chapter 3 of Title 40.1 a section numbered 40.1-28.7:6, relating to a prohibition on employers' limiting employees' sharing of wage information; civil penalty.

18102161D

Summary as introduced:
Limiting employees' sharing of wage information prohibited; civil penalty. Prohibits an employer from requiring, as a condition of employment, that an employee refrain from inquiring about, discussing, or disclosing information about the employee's own wages or about any other employee's wages. The measure also prohibits an employer from taking retaliatory action against an employee for sharing such information. Violations are subject to a civil penalty of $100.

01/08/18 House: Prefiled and ordered printed; offered 01/10/18 18102161D
01/08/18 House: Referred to Committee on Commerce and Labor
01/17/18 House: Assigned C & L sub: Subcommittee #2
02/06/18 House: Subcommittee recommends passing by indefinitely (5-Y 3-N)
02/07/18 House: Impact statement from DPB (HB626)

HB 705 Broadband services; prohibited features.

Patrons: Carter, Roem, Hope, Plum, Price, Rasoul and Simon

A BILL to amend the Code of Virginia by adding in Article 7 of Chapter 21 of Title 15.2 a section numbered 15.2-2161, relating to broadband services; prohibited features.

18104542D

Summary as introduced:
Broadband services; prohibited features. Prohibits a provider of broadband services from offering or renewing services to consumers within any locality in the Commonwealth in which certain media is throttled, blocked, or prioritized on the basis of its content, format, host address, or source.

01/09/18 House: Prefiled and ordered printed; offered 01/10/18 18104542D
01/09/18 House: Referred to Committee on Commerce and Labor
01/12/18 House: Impact statement from DHCD (HB705)
01/18/18 House: Assigned C & L sub: Subcommittee #2
02/06/18 House: Subcommittee recommends passing by indefinitely (5-Y 0-N)

HB 911 Automatic renewal offers and continuous service offers; penalties.

Patron: Simon

A BILL to amend and reenact § 59.1-200 of the Code of Virginia and to amend the Code of Virginia by adding in Title 59.1 a chapter numbered 17.8, consisting of sections numbered 59.1-207.45 through 59.1-207.49, relating to automatic renewal offers and continuous service offers; charging accounts for ongoing shipments of a product or ongoing deliveries of a service; penalties.

18100614D

Summary as introduced:
Automatic renewal offers and continuous service offers; penalties. Prohibits a supplier making an automatic renewal or continuous service offer to a consumer in the Commonwealth from (i) failing to present the automatic renewal or continuous service offer terms in a clear and conspicuous manner, (ii) charging the consumer for an automatic renewal or continuous service without first obtaining the consumer's affirmative consent, and (iii) failing to provide an acknowledgment that includes the automatic renewal or continuous service offer terms, cancellation policy, and information regarding how to cancel in a manner that is capable of being retained by the consumer. In the case of a material change in the terms of the automatic renewal or continuous service offer, the bill would require the supplier to provide the consumer with a clear and conspicuous notice of the material change and information regarding how to cancel. The measure provides that in any case in which a supplier sends any goods, wares, merchandise, or products to a consumer under a continuous service agreement or automatic renewal of a purchase without first obtaining the consumer's affirmative consent, the goods, wares, merchandise, or products shall for all purposes be deemed an unconditional gift to the consumer. The bill exempts certain services and businesses from its provisions. A violation is a prohibited practice under the Virginia Consumer Protection Act. The measure has a delayed effective date of January 1, 2019.

01/30/18 House: Assigned C & L sub: Subcommittee #3
02/06/18 House: Subcommittee recommends reporting (5-Y 1-N)
02/08/18 House: Reported from Commerce and Labor (20-Y 1-N)
02/10/18 House: Read first time
02/12/18 House: Read second time and engrossed

HB 1051 Communications sales and use tax; services subject to taxation.

Patron: Watts

A BILL to amend and reenact §§ 58.1-647 and 58.1-648 of the Code of Virginia, relating to communications sales and use tax; services subject to taxation.

18102521D

Summary as introduced:
Communications sales and use tax; services subject to taxation. Applies the communications sales and use tax to services related to the streaming of audio and visual data, and prepaid calling. The bill also clarifies that the tax applies to communications services regardless of whether customers are charged a subscription fee, a periodic fee, or an actual usage fee.

01/09/18 House: Prefiled and ordered printed; offered 01/10/18 18102521D
01/09/18 House: Referred to Committee on Finance
01/21/18 House: Impact statement from TAX (HB1051)
01/23/18 House: Assigned Finance sub: Subcommittee #2
01/29/18 House: Passed by indefinitely in Finance (22-Y 0-N)

HB 1089 Virginia Equal Pay Act; created.

Patrons: Boysko, Ayala, Turpin, Bagby, Convirs-Fowler, Gooditis, Hope, Krizek, Levine, Mullin, Plum, Price, Rasoul, Rodman, Sickles, Simon and Tyler

A BILL to amend the Code of Virginia by adding in Chapter 3 of Title 40.1 an article numbered 1.2, consisting of sections numbered 40.1-28.13 through 40.1-28.17, and to repeal § 40.1-28.6 of the Code of Virginia, relating to the Virginia Equal Pay Act.

18104684D

Summary as introduced:
Virginia Equal Pay Act. Creates the Virginia Equal Pay Act (the Act), which prohibits private employers from discriminating between employees on the basis of membership in a "protected class," defined in the bill as a group of persons distinguished by race, color, religion, sex, sexual orientation, national origin, marital status, veteran status, disability, or age, in the payment of wages or other compensation for substantially similar work. The bill also prohibits (i) discrimination between employees by providing less favorable employment opportunities; (ii) limitation of an employee's right to discuss wages; (iii) infringement on an employee's right to not disclose wage or salary history; and (iv) retaliation against an employee who opposes an act or practice made unlawful by the Act, makes or intends to file a complaint under the Act, or assists in an investigation or proceeding under the Act. The bill also establishes (a) criteria for when wage differentials between employees can occur, (b) remedies for individuals aggrieved by a violation of the Act, and (c) provisions for enforcement of the Act. The bill contains a technical amendment.

01/10/18 House: Prefiled and ordered printed; offered 01/10/18 18104684D
01/10/18 House: Referred to Committee on Commerce and Labor
01/18/18 House: Assigned C & L sub: Subcommittee #1
01/25/18 House: Subcommittee recommends passing by indefinitely (5-Y 3-N)

HB 1090 Virginia Personnel Act; equal pay for equal work, policy of the Commonwealth.

Patrons: Boysko, Ayala, Bagby, Convirs-Fowler, Gooditis, Hope, Krizek, Levine, Mullin, Plum, Rasoul, Rodman, Simon, Turpin and Tyler

A BILL to amend and reenact §§ 2.2-1201, 2.2-2900, and 51.1-1101 of the Code of Virginia, relating to the Virginia Personnel Act; equal pay for equal work; policy of the Commonwealth.

18104683D

Summary as introduced:
Virginia Personnel Act; equal pay for equal work; policy of the Commonwealth. Provides that it is the policy of the Commonwealth that there shall be no discrimination between state employees on the basis of sex by paying wages to state employees at a rate less than the rate at which it pays wages to state employees of the opposite sex for equal work. The bill also requires the Department of Human Resource Management to establish and administer a program to ensure equal pay for equal work to state employees in all incidents of employment as provided in the Virginia Personnel Act (§ 2.2-2900 et seq.). The bill contains technical amendments.

01/10/18 House: Prefiled and ordered printed; offered 01/10/18 18104683D
01/10/18 House: Referred to Committee on General Laws
01/22/18 House: Impact statement from DPB (HB1090)

HB 1109 Wages; payment for overtime work, penalties.

Patrons: Tran and Guzman

A BILL to amend and reenact § 40.1-29 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 40.1-29.1, relating to the payment of wages for overtime work; penalties.

18104600D

Summary as introduced:
Overtime compensation; penalties. Requires an employer to compensate its employees who are entitled to overtime compensation under the federal Fair Labor Standards Act at a rate (i) not less than one and one-half times the employee's regular rate of pay for any hours worked in excess of 40 hours in any one workweek and (ii) not less than twice the employee's regular rate of pay for (a) any hours worked in excess of 12 hours in one workday and (b) any hours worked on the seventh day of work in any workweek to the extent that the hours worked on such day exceed 40 hours worked in such week. The sanctions for an employer's failure to pay such overtime wages, including civil and criminal penalties, are the same as currently provided for failing to pay wages generally.

01/10/18 House: Impact statement from VCSC (HB1109)
01/10/18 House: Referred to Committee on Commerce and Labor
01/23/18 House: Assigned C & L sub: Subcommittee #2
01/25/18 House: Impact statement from DPB (HB1109)
02/06/18 House: Subcommittee recommends passing by indefinitely (5-Y 3-N)

HB 1209 Relocation of call centers to a foreign country; notification requirements.

Patron: Heretick

A BILL to amend the Code of Virginia by adding in Title 40.1 a chapter numbered 10, consisting of sections numbered 40.1-143 through 40.1-148, relating to the relocation of call centers to foreign countries; notification requirements.

18102823D

Summary as introduced:
Relocation of call centers to a foreign country; notification requirements. Requires certain call centers that intend to relocate operations from the Commonwealth to a foreign country to give the Commissioner of Labor and Industry at least 120 days' prior notice. The measure requires the Commissioner to compile a semiannual list of all employers that relocate a call center from the Commonwealth to a foreign country and to distribute the list to state agencies. Subject to exceptions, an employer that appears on the list is (i) ineligible for five years for any direct or indirect grants of state funds, any loans from or guaranteed by the state, or any tax credit or reduction in tax liability and (ii) required to repay any financial incentives the employer has previously received. The measure requires new state agency contracts for the performance of state business-related call center and customer service work to provide that such work shall be performed entirely within the Commonwealth.

01/10/18 House: Prefiled and ordered printed; offered 01/10/18 18102823D
01/10/18 House: Referred to Committee on Commerce and Labor
01/25/18 House: Assigned C & L sub: Subcommittee #2
02/06/18 House: Impact statement from DPB (HB1209)
02/06/18 House: Subcommittee recommends passing by indefinitely (5-Y 2-N)

HB 1233 Apprentice agreements; ratio of apprentices to journeymen.

Patrons: Hugo, Cole, Freitas, Garrett and Head

A BILL to amend and reenact §§ 40.1-120 and 40.1-126 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 40.1-120.1, relating to voluntary apprenticeships; ratio of apprentices to journeymen.

18103232D

Summary as introduced:
Apprentice agreements; ratio of apprentices to journeymen. Prohibits the Apprenticeship Council from adopting standards for apprenticeship agreements governing the numeric ratio of journeymen to apprentices that require more than one journeyman for two apprentices. This limit on the ratio of journeymen to registered apprentices does not apply to work performed under the federal Davis-Bacon Act.

02/07/18 House: Passed by for the day
02/08/18 House: Passed by for the day
02/09/18 House: Read second time and engrossed
02/12/18 House: Read third time and passed House (52-Y 48-N)
02/12/18 House: VOTE: PASSAGE (52-Y 48-N)

HB 1300 Small Business and Supplier Diversity, Department of; implementation of certification programs.

Patron: Lopez

A BILL to amend and reenact §§ 2.2-1604, 2.2-1605, 2.2-1606, and 2.2-4310 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 2.2-1606.1, relating to the Department of Small Business and Supplier Diversity; implementation of certification programs for small businesses; definition of small business; report.

18104852D

Summary as introduced:

Department of Small Business and Supplier Diversity; implementation of certification programs for small businesses; definition of small business; report. Changes the definition of small business, beginning July 1, 2019, to meet the small business size standards established by the regulations of the U.S. Small Business Administration. The bill provides that any business entity that the Department of Small Business and Supplier Diversity (the Department) has certified as a small business prior to July 1, 2019, shall have such certification extended for a three-year period. The bill also provides that the Director of the Department adopt regulations that will, beginning July 1, 2019, establish a three-year certification period for small businesses to be based on the dominant business activity of each small business entity. The bill (i) includes a definition of "dominant business activity"; (ii) provides for the Department to enter into a memorandum of understanding with appropriate agencies establishing provisions for the sharing of information consistent with the requirements of state and federal law; (iii) authorizes the Director to terminate a contract with any independent certifying entities to assist in the certification of small, women-owned, and minority-owned businesses based on performance or a written determination by the Director that continuing the contract is not practicable, and (iv) requires the Secretary of Commerce and Trade to evaluate the effect of the implementation of the new definition at three-year intervals, reporting to the Governor and General Assembly by December 1, 2022, and December 1, 2025.

01/10/18 House: Prefiled and ordered printed; offered 01/10/18 18104852D
01/10/18 House: Referred to Committee on General Laws
01/24/18 House: Assigned GL sub: Subcommittee #4
01/25/18 House: Impact statement from DPB (HB1300)
01/30/18 House: Subcommittee recommends passing by indefinitely (8-Y 0-N)

HB 1341 Virginia Small Business Emergency Bridge Loan Fund; created.

Patron: Bloxom

A BILL to amend the Code of Virginia by adding a section numbered 2.2-2311.2, relating to the Small Business Financing Authority; Virginia Small Business Emergency Bridge Loan Fund created.

18102773D

Summary as introduced:
Small Business Financing Authority (Authority); Virginia Small Business Emergency Bridge Loan Fund created. Creates the Virginia Small Business Emergency Bridge Loan Fund (the Fund) to provide short-term direct loans to eligible small businesses impacted by a disaster for which a state of emergency has been declared. The bill provides that the Fund shall be managed and administered by the Authority with guidance from the Director of the Department of Small Business and Supplier Diversity and that loans provided from the Fund shall be (i) for a minimum amount of $1,000 up to a maximum amount of $5,000, (ii) provided interest-free, and (iii) repaid by the end of the loan term, which term shall be set by the Authority for a minimum of 90 days but not to exceed 180 days.

01/25/18 House: Reported from General Laws (22-Y 0-N)
01/25/18 House: Referred to Committee on Appropriations
01/29/18 House: Assigned App. sub: Commerce, Agriculture, Natural Resources & Technology
01/29/18 House: Impact statement from DPB (HB1341)
02/07/18 House: Subcommittee recommends continuing to 2019

HB 1592 Internet capabilities; prohibited sale of products, obscene content blocking capability.

Patrons: LaRock, Edmunds, Fowler, Helsel and Pogge; Senator: Black

A BILL to amend the Code of Virginia by adding in Chapter 8 of Title 18.2 an article numbered 6.1, consisting of sections numbered 18.2-391.2 through 18.2-391.7, relating to prohibited sale of products with Internet capabilities.

18105149D

Summary as introduced:
Prohibited sale of products with Internet capabilities; obscene content blocking capability. Prohibits the distribution or sale of any product that makes content accessible on the Internet unless such product possesses an operating digital content blocking capability that renders obscene content inaccessible. Alternatively, the bill provides that such person may distribute or sell such products without the digital content blocking capability if he pays a fee of $20 for each product sold or distributed. The bill provides that the purchaser or recipient of such product may have the digital content blocking capability disabled upon making a written request, presenting proof of his majority, acknowledging the potential danger of disabling the capability, and paying a digital access fee of $20. The bill requires the person who distributed or sold the product to remit such fees to the State Treasurer for deposit into the newly created Virginia Prevention of Human Trafficking Victim Fund, which will be administered by the Department of Criminal Justice Services and used for the purposes of supporting victim services and the prosecution of human trafficking cases. The bill also provides that any violation of the provisions of the bill is a prohibited practice under the provisions of the Virginia Consumer Protection Act (§ 59.1-196 et seq.).

01/19/18 House: Presented and ordered printed 18105149D
01/19/18 House: Referred to Committee for Courts of Justice
01/23/18 House: Assigned Courts sub: Subcommittee #2
02/08/18 House: Impact statement from DPB (HB1592)

SB 202 Public employment; prohibits discrimination on basis of sexual orientation or gender identity.

Patrons: Ebbin, Wexton, Lewis and McClellan; Delegates: Carr, Levine, Reid and Sickles

A BILL to amend and reenact §§ 2.2-3004, 15.2-1507, 15.2-1604, and 22.1-306 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 2.2-2901.1, 15.2-1500.1, and 22.1-295.2, relating to public employment; prohibited discrimination based on sexual orientation or gender identity.

18100785D

Summary as passed Senate:

Nondiscrimination in public employment. Prohibits discrimination in public employment on the basis of sexual orientation or gender identity, as defined in the bill. The bill also codifies for state and local government employment the current prohibitions on discrimination in employment on the basis of race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, disability, or status as a veteran.

01/31/18 House: Placed on Calendar
01/31/18 House: Read first time
01/31/18 House: Referred to Committee on General Laws
02/07/18 House: Assigned GL sub: Subcommittee #1
02/08/18 House: Subcommittee recommends laying on the table (5-Y 2-N)

SB 299 Taxation, Department of; reports on sales and use tax exemptions.

Patron: Norment

A BILL to amend and reenact §§ 58.1-609.3 and 58.1-609.12 of the Code of Virginia, relating to the Department of Taxation; reports on sales and use tax exemptions.

18100355D

Summary as introduced:
Department of Taxation; reports on sales and use tax exemptions. Requires the Department of Taxation (the Department) to report annually to the Chairmen of the House Committee on Appropriations and the House and Senate Committees on Finance regarding the fiscal, economic, and policy impact of each sales and use tax exemption. The review of each exemption shall be performed on a rotation basis. No exemption shall be reviewed more than once every five years, but the exemption for computer purchases for use in data centers shall be reviewed every three years. Taxpayers that purchase tax-exempt computer equipment or enabling software for use in a data center shall submit to the Department every three years a list of its exempt purchases, including purchase prices, made during the previous three taxable years.

01/08/18 Senate: Prefiled and ordered printed; offered 01/10/18 18100355D
01/08/18 Senate: Referred to Committee on Finance
02/05/18 Senate: Impact statement from TAX (SB299)
02/08/18 Senate: Continued to 2019 in Finance (16-Y 0-N)

SB 318 Small Business and Supplier Diversity, Department of; implementation of certification programs.

Patron: Ruff

A BILL to amend and reenact §§ 2.2-1604, 2.2-1605, 2.2-1606, and 2.2-4310 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 2.2-1606.1, relating to the Department of Small Business and Supplier Diversity; implementation of certification programs for small businesses; definition of small business; report.

18103595D

Summary as passed Senate:

Department of Small Business and Supplier Diversity; implementation of certification programs for small businesses; definition of small business; report. Changes the definition of small business, beginning July 1, 2019, to meet the small business size standards established by the regulations of the U.S. Small Business Administration. The bill provides that any business entity that the Department of Small Business and Supplier Diversity (the Department) has certified as a small business prior to July 1, 2019, shall have such certification extended for a three-year period. The bill also provides that the Director of the Department adopt regulations that will, beginning July 1, 2019, establish a three-year certification period for small businesses to be based on the dominant business activity of each small business entity. The bill (i) includes a definition of "dominant business activity"; (ii) provides for the Department to enter into a memorandum of understanding with appropriate agencies establishing provisions for the sharing of information consistent with the requirements of state and federal law; (iii) authorizes the Director to terminate a contract with any independent certifying entities to assist in the certification of small, women-owned, and minority-owned businesses, service disabled veteran-owned businesses, and employment services organizations based on performance or a written determination by the Director that continuing the contract is not practicable; and (iv) requires the Secretary of Commerce and Trade to evaluate the effect of the implementation of the new definition at three-year intervals, reporting to the Governor and General Assembly by December 1, 2022, and December 1, 2025.

01/22/18 Senate: Impact statement from DPB (SB318E)
01/29/18 House: Placed on Calendar
01/29/18 House: Read first time
01/29/18 House: Referred to Committee on General Laws
02/01/18 Senate: Fiscal impact review from JLARC (SB318E)

SB 948 Net neutrality; an entity engaged in provision of broadband Internet access services.

Patron: Wexton

A BILL to amend the Code of Virginia by adding in Article 7 of Chapter 21 of Title 15.2 a section numbered 15.2-2161, relating to net neutrality.

18104597D

Summary as introduced:
Net neutrality. Provides that an entity engaged in the provision of broadband Internet access service in the Commonwealth shall not (i) block lawful content, applications, services, or nonharmful devices, subject to reasonable network management; (ii) impair or degrade lawful Internet traffic on the basis of Internet content, application, or service, or use of a nonharmful device, subject to reasonable network management; (iii) engage in paid prioritization; or (iv) unreasonably interfere with or unreasonably disadvantage (a) end users' ability to select, access, and use broadband Internet access service or the lawful Internet content, applications, services, or devices of their choice or (b) edge providers' ability to make lawful content, applications, services, or devices available to end users.

The bill also provides that except as provided in certain limited circumstances, a provider shall not knowingly disclose certain personally identifiable information concerning a consumer of the Internet service provider.

01/19/18 Senate: Presented and ordered printed 18104597D
01/19/18 Senate: Referred to Committee on Commerce and Labor
01/24/18 Senate: Impact statement from DHCD (SB948)
01/29/18 Senate: Stricken at request of Patron in Commerce and Labor (13-Y 0-N)

SB 949 Virginia Public Procurement Act; Internet access service contracting, limitations.

Patron: Wexton

A BILL to amend the Code of Virginia by adding a section numbered 2.2-4303.3, relating to the Virginia Public Procurement Act; Internet access service contracting; limitations; Internet neutrality and privacy.

18104598D

Summary as introduced:
Virginia Public Procurement Act; Internet access service contracting; limitations; Internet neutrality and privacy. Limits public procurement of Internet access services to service providers that meet certain requirements related to Internet neutrality and privacy.

01/19/18 Senate: Presented and ordered printed 18104598D
01/19/18 Senate: Referred to Committee on General Laws and Technology
01/29/18 Senate: Impact statement from DPB (SB949)
01/29/18 Senate: Failed to report (defeated) in General Laws and Technology (6-Y 9-N)

Counts: HB: 21 SB: 5


Procurement
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HB 8 Public procurement; agreements with labor organizations.

Patrons: Krizek, Ayala, Boysko, Carroll Foy, Carter, Convirs-Fowler, Delaney, Guzman, Herring, Hope, Hurst, Kory, Lopez, McQuinn, Plum, Rodman, Roem, Sickles, Simon, Toscano and Watts

A BILL to repeal § 2.2-4321.2 of the Code of Virginia, relating to contracts with state agencies for public works; agreements with labor organizations.

18100705D

Summary as introduced:
Public procurement; agreements with labor organizations. Repeals provisions requiring state agencies to ensure that neither the state agency nor any construction manager acting on behalf of the state agency, in its bid specifications, project agreements, or other controlling documents relating to the operation, erection, construction, alteration, improvement, maintenance, or repair of any public facility of public works, (i) requires or prohibits bidders, offerors, contractors, or subcontractors to enter into or adhere to agreements with one or more labor organizations, on the same or related projects, or (ii) discriminates against bidders, offerors, contractors, subcontractors, or operators for becoming or refusing to become or remain signatories or otherwise to adhere to agreements with one or more labor organizations, on the same or related public works projects.

11/20/17 House: Prefiled and ordered printed; offered 01/10/18 18100705D
11/20/17 House: Referred to Committee on Rules
01/24/18 House: Impact statement from DPB (HB8)

HB 97 Virginia Public Procurement Act; methods of procurement, single or term contracts.

Patrons: Bell, John J., Peace, Boysko and Lopez

A BILL to amend and reenact § 2.2-4303 of the Code of Virginia, relating to the Virginia Public Procurement Act; methods of procurement; single or term contracts for professional services.

18102038D

Summary as introduced:
Virginia Public Procurement Act; methods of procurement; single or term contracts for professional services. Increases the maximum permissible aggregate or sum of all phases of single or term contracts for professional services that may be procured without requiring competitive negotiation from $60,000 to $100,000.

02/10/18 House: Read first time
02/12/18 House: Read second time
02/12/18 House: Committee amendment agreed to
02/12/18 House: Engrossed by House as amended HB97E
02/12/18 House: Printed as engrossed 18102038D-E

HB 98 Virginia Public Procurement Act; competitive negotiation for professional services.

Patron: Bell, John J.

A BILL to amend and reenact § 2.2-4302.2 of the Code of Virginia, relating to the Virginia Public Procurement Act; competitive negotiation; professional services; simultaneous negotiation.

18101299D

Summary as introduced:
Virginia Public Procurement Act; competitive negotiation for professional services. Provides that for competitive negotiation for professional services, a public body may conduct negotiations simultaneously with the top two ranked offerors if the public body does not request or discuss nonbinding estimates of total project costs at the discussion stage and as long as such process is set forth in the Request for Proposal.

12/13/17 House: Prefiled and ordered printed; offered 01/10/18 18101299D
12/13/17 House: Referred to Committee on General Laws
01/19/18 House: Impact statement from DPB (HB98)

HB 193 Virginia Public Procurement Act; bid match preference for Virginia businesses.

Patron: Bell, Richard P.

A BILL to amend and reenact § 2.2-4324 of the Code of Virginia, relating to the Virginia Public Procurement Act; bid match preference for Virginia businesses.

18102440D

Summary as introduced:
Virginia Public Procurement Act; bid match preference for Virginia businesses. Provides a bid match preference for Virginia businesses. Under the bill, for contracts of $5,000 or more, a Virginia business has an opportunity to match the lowest bid of an out-of-state bidder if the bid of a Virginia business is within five percent of the lowest bid of an out-of-state bidder.

12/27/17 House: Prefiled and ordered printed; offered 01/10/18 18102440D
12/27/17 House: Referred to Committee on General Laws
01/26/18 House: Impact statement from DPB (HB193)

HB 257 Virginia Public Procurement Act; clarifies definitions of responsible bidder or offeror.

Patron: Hope

A BILL to amend and reenact § 2.2-4301 of the Code of Virginia, relating to the Virginia Public Procurement Act; definitions; responsible bidder or offeror.

18102611D

Summary as introduced:
Virginia Public Procurement Act; definitions; responsible bidder or offeror. Clarifies the definition of "responsible bidder" or "offeror" in the procurement act to provide that a determination of whether a bidder or offeror is responsible shall include a consideration of the bidder's or offeror's previous experience.

01/02/18 House: Prefiled and ordered printed; offered 01/10/18 18102611D
01/02/18 House: Referred to Committee on General Laws
01/31/18 House: Impact statement from DPB (HB257)

HB 306 Public Procurement Act; preference for business participating Va. Registered Apprenticeship program.

Patron: Watts

A BILL to amend and reenact § 2.2-4324 of the Code of Virginia, relating to the Virginia Public Procurement Act; preference for businesses participating in Virginia Registered Apprenticeship program.

18102845D

Summary as introduced:
Virginia Public Procurement Act; preference for businesses participating in Virginia Registered Apprenticeship program. Authorizes a public body to give preference to the lowest responsive and responsible bidder (i) who is a resident of Virginia, (ii) who participates in the Virginia Registered Apprenticeship program administered by the Virginia Department of Labor and Industry, and (iii) whose bid is within three percent of the lowest bid price.

01/03/18 House: Prefiled and ordered printed; offered 01/10/18 18102845D
01/03/18 House: Referred to Committee on General Laws
01/31/18 House: Impact statement from DPB (HB306)

HB 473 Virginia Public Procurement Act; use of best value contracting.

Patrons: Reid and Bell, John J.

A BILL to amend and reenact §§ 2.2-4300, 2.2-4301, and 2.2-4302.2 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 43 of Title 2.2 an article numbered 7, consisting of sections numbered 2.2-4377.1, 2.2-4377.2, and 2.2-4377.3, relating to the Virginia Public Procurement Act; use of best value contracting.

18101481D

Summary as introduced:
Virginia Public Procurement Act; use of best value contracting. Authorizes the use of best value contracting by all public bodies. The bill sets forth the requirements for any procurement process that uses best value concepts.

01/07/18 House: Prefiled and ordered printed; offered 01/10/18 18101481D
01/07/18 House: Referred to Committee on General Laws
02/08/18 House: Impact statement from DPB (HB473)

HB 557 Virginia Public Procurement Act; public works contract requirements, apprenticeship utilization.

Patron: Krizek

A BILL to amend the Code of Virginia by adding a section numbered 2.2-4321.3, relating to the Virginia Public Procurement Act; public works contract requirements; apprenticeship utilization.

18100847D

Summary as introduced:
Virginia Public Procurement Act; public works contract requirements; apprenticeship utilization. Creates minimum requirements for the use of apprentices in public works projects paid for in whole or in part by state funds. The bill provides that the failure of a contractor to comply with the apprentice utilization requirement shall be (i) deemed a breach of contract entitling the contracting agency to all remedies allowed by law and under the contract and (ii) considered as evidence bearing upon a contractor's qualification for the award of future contracts.

01/08/18 House: Prefiled and ordered printed; offered 01/10/18 18100847D
01/08/18 House: Referred to Committee on General Laws
02/08/18 House: Impact statement from DPB (HB557)

HB 608 Virginia Public Procurement Act; high-risk contracts, report.

Patron: Carr

A BILL to amend the Code of Virginia by adding a section numbered 2.2-4303.01, relating to the Virginia Public Procurement Act; high-risk contracts; report.

18104363D

Summary as introduced:
Virginia Public Procurement Act; high-risk contracts; report. Requires the Department of General Services (DGS), the Virginia Information Technologies Agency (VITA), and the Office of the Attorney General, as appropriate, to review contract solicitations and contracts for any public contract for goods, services, insurance, or construction that meets the definition of high-risk contract provided in the bill. Employees designated as primary administrators of high-risk contracts are required to complete a training program on effective contract administration created by DGS and VITA pursuant to requirements of the bill prior to commencing high-risk contract administration duties. Some provisions of the bill have delayed effective dates for implementation of the high-risk contract training and review processes.

01/08/18 House: Prefiled and ordered printed; offered 01/10/18 18104363D
01/08/18 House: Referred to Committee on General Laws

HB 724 Virginia Public Procurement Act; amends prompt payment provisions, etc.

Patrons: Plum, Hope, Krizek, Simon and Tyler

A BILL to amend and reenact § 2.2-4347 of the Code of Virginia, relating to the Virginia Public Procurement Act; prompt payment; payment date.

18103291D

Summary as introduced:
Virginia Public Procurement Act; prompt payment; payment date. Amends the prompt payment provisions of the Virginia Public Procurement Act by changing the definition of "payment date" from 30 days to 15 days after receipt of a proper invoice by the state agency, where a contract does not specify the payment date.

01/09/18 House: Prefiled and ordered printed; offered 01/10/18 18103291D
01/09/18 House: Referred to Committee on General Laws
02/06/18 House: Impact statement from DPB (HB724)

HB 725 Small businesses; change in definition.

Patrons: Plum, Hope, Simon and Tyler

A BILL to amend and reenact §§ 2.2-1604, 2.2-1617, and 2.2-4310 of the Code of Virginia, relating to the Department of Small Business and Supplier Diversity; Virginia Public Procurement Act; definition of small business.

18103375D

Summary as introduced:
Department of Small Business and Supplier Diversity; Virginia Public Procurement Act; definition of small business. Changes the requirements of the definition of small business for the purposes of programs of the Department of Small Business and Supplier Diversity and the Virginia Public Procurement Act to require the business, together with affiliates, to have 250 or fewer employees and average annual gross receipts of $10 million or less averaged over the previous three years. Currently for these programs, a business is required to meet one or the other of these conditions to be considered a small business.

01/09/18 House: Prefiled and ordered printed; offered 01/10/18 18103375D
01/09/18 House: Referred to Committee on General Laws
01/19/18 House: Assigned GL sub: Subcommittee #4
01/23/18 House: Subcommittee recommends striking from docket (8-Y 0-N)

HB 726 Virginia Public Procurement Act; small business and microbusiness procurement enhancement program.

Patrons: Plum, Boysko, Hope and Simon

A BILL to amend and reenact §§ 2.2-1604, 2.2-1605, 2.2-4310, 2.2-4310.3, and 2.2-4343 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 2.2-4310.1:1, relating to Virginia Public Procurement Act; small business and microbusiness procurement enhancement program.

18103532D

Summary as introduced:
Virginia Public Procurement Act; small business and microbusiness procurement enhancement program. Codifies the Governor's Executive Order 20 (2014) establishing a statewide small business and microbusiness procurement enhancement program. The bill establishes a statewide goal of 42 percent of small and microbusiness utilization in all discretionary spending by state agencies in procurement orders, prime contracts, and subcontracts. In addition, the bill provides for (i) a set-aside for competition among all small businesses for state agency purchases up to $100,000 for goods and nonprofessional services and up to $50,000 for professional services and (ii) a set-aside for competition among microbusinesses for purchases under $10,000.

01/09/18 House: Referred to Committee on General Laws
01/19/18 House: Assigned GL sub: Subcommittee #4
01/23/18 House: Subcommittee recommends continuing to 2019
01/30/18 House: Subcommittee recommends passing by indefinitely (5-Y 3-N)
02/01/18 House: Impact statement from DPB (HB726)

HB 905 Virginia Public Procurement Act; designation of trade secrets and proprietary information.

Patron: Robinson

A BILL to amend and reenact §§ 2.2-4342 and 2.2-4343 of the Code of Virginia, relating to the Virginia Public Procurement Act; designation of trade secrets and proprietary information.

18100197D

Summary as introduced:
Virginia Public Procurement Act; designation of trade secrets and proprietary information. Provides that a bidder, offeror, or contractor shall not improperly designate as trade secrets or proprietary information (i) an entire bid, proposal, or prequalification application; (ii) any portion of a bid, proposal, or prequalification application that does not contain trade secrets or proprietary information; or (iii) line item prices or total bid, proposal, or prequalification application prices. This bill is a recommendation of the Virginia Freedom of Information Advisory Council.

02/01/18 House: Read third time and passed House (97-Y 0-N)
02/01/18 House: VOTE: PASSAGE (97-Y 0-N)
02/02/18 Senate: Constitutional reading dispensed
02/02/18 Senate: Referred to Committee on General Laws and Technology
02/12/18 Senate: Reported from General Laws and Technology (14-Y 0-N)

HB 1196 State agencies, certain; procurement of nonprofessional services.

Patron: Cline

A BILL to amend and reenact §§ 2.2-1111 and 2.2-1501.1 of the Code of Virginia, relating to the procurement of nonprofessional services by certain state agencies; commercial activities.

18103464D

Summary as introduced:
Procurement of nonprofessional services by certain state agencies; commercial activities. Requires the Director of the Division of Purchases and Supply of the Department of General Services to require each state agency, except law-enforcement agencies, to procure nonprofessional services from the private sector if such services are listed in the Department of Planning and Budget's commercial activities list. The bill also provides that, upon a written determination made in advance by a state agency that the procurement of nonprofessional services from a commercial source is neither practicable nor fiscally advantageous, such service may continue to be performed by the state agency.

01/10/18 House: Prefiled and ordered printed; offered 01/10/18 18103464D
01/10/18 House: Referred to Committee on General Laws
02/12/18 House: Impact statement from DPB (HB1196)

HB 1407 Virginia Public Procurement Act; small business and microbusiness procurement enhancement program.

Patron: Ward

A BILL to amend and reenact §§ 2.2-1604, 2.2-1605, 2.2-4310, 2.2-4310.3, and 2.2-4343 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 2.2-4310.1:1, relating to Virginia Public Procurement Act; small business and microbusiness procurement enhancement program.

18104472D

Summary as introduced:
Virginia Public Procurement Act; small business and microbusiness procurement enhancement program. Codifies the Governor's Executive Order 20 (2014) establishing a statewide small business and microbusiness procurement enhancement program. The bill establishes a statewide goal of 42 percent of small and microbusiness utilization in all discretionary spending by state agencies in procurement orders, prime contracts, and subcontracts. In addition, the bill provides for (i) a set-aside for competition among all small businesses for state agency purchases up to $100,000 for goods and nonprofessional services and up to $50,000 for professional services and (ii) a set-aside for competition among microbusinesses for purchases under $10,000.

01/15/18 House: Presented and ordered printed 18104472D
01/15/18 House: Referred to Committee on General Laws
01/19/18 House: Assigned GL sub: Subcommittee #4
01/30/18 House: Subcommittee recommends passing by indefinitely (5-Y 2-N)
02/01/18 House: Impact statement from DPB (HB1407)

SB 386 Va. Public Procurement Act; SWaM program, participation of service disabled veteran-owned business.

Patrons: DeSteph; Delegate: Bell, John J.

A BILL to amend and reenact § 2.2-4310 of the Code of Virginia, relating to the Virginia Public Procurement Act; participation of service disabled veteran-owned business.

18100408D

Summary as introduced:
Virginia Public Procurement Act; SWaM program; participation of service disabled veteran-owned businesses. Provides that contracts and subcontracts awarded to service disabled veteran-owned businesses shall be credited toward the small business, women-owned, and minority-owned business contracting and subcontracting goals of state agencies and state contractors.

01/18/18 Senate: Read second time and engrossed
01/19/18 Senate: Read third time and passed Senate (39-Y 0-N)
01/23/18 House: Placed on Calendar
01/23/18 House: Read first time
01/23/18 House: Referred to Committee on General Laws

SB 584 Va. Public Procurement Act; establishes service disabled veteran businesses.

Patrons: DeSteph and Cosgrove

A BILL to amend and reenact §§ 2.2-1604, 2.2-1605, 2.2-4310, and 2.2-4310.3 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 2.2-4310.1:1, relating to Virginia Public Procurement Act; service disabled veteran businesses procurement enhancement program.

18106619D

Summary as passed Senate:

Virginia Public Procurement Act; service disabled veteran businesses procurement enhancement program. Establishes a statewide service disabled veteran business procurement enhancement program. The bill establishes a statewide goal of five percent service disabled veteran business utilization in all discretionary spending by state agencies in procurement orders, prime contracts, and subcontracts.

02/02/18 Senate: Passed by for the day
02/05/18 Senate: Read third time and passed Senate (40-Y 0-N)
02/08/18 House: Placed on Calendar
02/08/18 House: Read first time
02/08/18 House: Referred to Committee on General Laws

SB 650 Virginia Public Procurement Act; local preference for businesses participating in Va. Registered.

Patron: McPike

A BILL to amend and reenact § 2.2-4324 of the Code of Virginia, relating to the Virginia Public Procurement Act; local preference for businesses participating in Virginia Registered Apprenticeship program.

18104650D

Summary as introduced:
Virginia Public Procurement Act; local preference for businesses participating in Virginia Registered Apprenticeship program. Authorizes a locality to develop and implement a bidding system that gives preference to the lowest responsive and responsible bidder who (i) is a resident of Virginia and (ii) participates in the Virginia Registered Apprenticeship program administered by the Department of Labor and Industry.

01/10/18 Senate: Prefiled and ordered printed; offered 01/10/18 18104650D
01/10/18 Senate: Referred to Committee on General Laws and Technology
01/26/18 Senate: Impact statement from DPB (SB650)
02/05/18 Senate: Committee substitute printed to LIS only 18106754D-S1
02/05/18 Senate: Failed to report (defeated) in General Laws and Technology (6-Y 9-N)

Counts: HB: 15 SB: 3


Education and Workforce
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HB 2 Teacher licensure; reciprocity, spouses of Armed Forces members.

Patrons: Bell, Richard P., Ayala, Bell, John J., Carroll Foy, Delaney, Edmunds, Kory, Landes, Murphy, O'Quinn, Pillion, Stolle, Tran and Wright

A BILL to amend and reenact § 22.1-298.1 of the Code of Virginia, relating to teacher licensure; reciprocity; spouses of Armed Forces members.

18100912D

Summary as introduced:
Teacher licensure; reciprocity; spouses of Armed Forces members. Requires the Board of Education to provide for teacher licensure by reciprocity for a period of one year for any spouse of an active duty member of the Armed Forces of the United States or the Commonwealth, provided that such spouse has obtained a valid out-of-state license, with full credentials and without deficiencies, that is in force at the time the application for such a one-year reciprocal license is received by the Department of Education. The bill provides that any such individual who receives a satisfactory evaluation at the conclusion of the year of employment under such one-year reciprocal license is eligible for a renewable license.

01/30/18 House: Reconsideration of passage agreed to by House
01/30/18 House: Passed House BLOCK VOTE (99-Y 0-N)
01/30/18 House: VOTE: BLOCK VOTE PASSAGE 2 (99-Y 0-N)
01/31/18 Senate: Constitutional reading dispensed
01/31/18 Senate: Referred to Committee on Education and Health

HB 3 Dual enrollment courses; quality standards, universal transfer course credit.

Patrons: Landes, Aird, Brewer, Campbell, Cline, Cole, Collins, Cox, Edmunds, Fariss, Fowler, Freitas, Garrett, Gilbert, Head, Helsel, Hugo, Ingram, Jones, S.C., Kilgore, Knight, Leftwich, Marshall, McGuire, Miyares, Morefield, O'Quinn, Orrock, Pillion, Pogge, Poindexter, Rasoul, Robinson, Stolle, Thomas, Tran, Ware, Webert, Wilt, Wright and Yancey; Senator: Sturtevant

A BILL to amend and reenact § 23.1-905.1 of the Code of Virginia, relating to dual enrollment courses; quality standards; universal transfer course credit.

18100917D

Summary as introduced:
Dual enrollment courses; quality standards; universal transfer course credit. Requires the State Council of Higher Education for Virginia (the Council), in consultation with the Department of Education and each public institution of higher education, to establish (i) quality standards for dual enrollment courses, including quality standards for course instructors, materials, and content; (ii) a process by which dual enrollment courses that meet or exceed such quality standards are certified as universal transfer courses that satisfy course credit or other academic requirements at any public institution of higher education; and (iii) a policy for the satisfaction of course credit or other academic requirements through the successful completion of universal transfer courses by entering students that (a) identifies the course credit or other academic requirements of each public institution of higher education that the student satisfies by successfully completing a universal transfer course and (b) ensures, to the extent possible, that the satisfaction of course credit or other academic requirements is consistent across each public institution of higher education and each such universal transfer course. The provisions of the bill replace existing provisions that require the Council and each public institution of higher education to establish policies relating to course credit for dual enrollment courses but that do not provide for quality standards or the universal transfer designation for such courses.

02/05/18 House: Read second time and engrossed
02/06/18 House: Read third time and passed House BLOCK VOTE (99-Y 0-N)
02/06/18 House: VOTE: BLOCK VOTE PASSAGE (99-Y 0-N)
02/07/18 Senate: Constitutional reading dispensed
02/07/18 Senate: Referred to Committee on Education and Health

HB 11 Tuition, in-state; domicile, individuals currently granted Deferred Action for Childhood Arrivals.

Patrons: Kory, Hope, Levine, Plum, Roem and Ward; Senators: Ebbin, Marsden and Surovell

A BILL to amend and reenact § 23.1-503 of the Code of Virginia, relating to in-state tuition; domicile; individuals granted Deferred Action for Childhood Arrivals.

18100648D

Summary as introduced:
In-state tuition; domicile; individuals granted Deferred Action for Childhood Arrivals. Declares, absent congressional intent to the contrary, that any individual currently granted Deferred Action for Childhood Arrivals by U.S. Citizenship and Immigration Services has the capacity to intend to remain in the Commonwealth indefinitely and is therefore eligible to establish domicile and receive in-state tuition charges at any public institution of higher education in the Commonwealth.

11/20/17 House: Prefiled and ordered printed; offered 01/10/18 18100648D
11/20/17 House: Referred to Committee on Rules
01/16/18 House: Impact statement from DPB (HB11)

HB 19 Tuition, in-state; eligibility, certain individuals who have applied for permanent residency, etc.

Patrons: Lopez, Hurst, Kory and Roem

A BILL to amend the Code of Virginia by adding a section numbered 23.1-506.1, relating to eligibility for in-state tuition; certain individuals who have applied for permanent residency; certain individuals approved under deferred action programs.

18100982D

Summary as introduced:
Eligibility for in-state tuition; certain individuals who have applied for permanent residency; certain individuals approved under deferred action programs. Declares eligible for in-state tuition any individual who (i) attended a public or private high school in the Commonwealth for at least three years; (ii) graduated from a public or private high school in the Commonwealth or passed a high school equivalency examination approved by the Board of Education; (iii) registers as an entering student at or is enrolled in a public institution of higher education; (iv) provides an affidavit to the public institution of higher education at which he has registered as an entering student or is enrolled stating that he has filed an application to become a permanent resident of the United States and is actively pursuing such permanent residency or will do so as soon as he becomes eligible for such permanent residency; and (v) submits evidence to the institution at which he has registered as an entering student or is enrolled that he, or in the case of a dependent student, at least one parent, guardian, or person standing in loco parentis, has filed, unless exempted by state law, Virginia income tax returns for at least three years prior to the date of registration as an entering student or enrollment. The bill provides that any such individual shall remain eligible for in-state tuition for as long as he maintains continuous enrollment in the public institution of higher education and his application for permanent residency has not been denied. The bill also prohibits any student who became eligible for in-state tuition as a result of his lawful presence in the United States pursuant to approval under the Deferred Action for Childhood Arrivals program or any other federal deferred action program from being deemed ineligible for in-state tuition by virtue of the elimination or modification of any such program.

11/20/17 House: Prefiled and ordered printed; offered 01/10/18 18100982D
11/20/17 House: Referred to Committee on Rules
01/16/18 House: Impact statement from DPB (HB19)

HB 111 Health insurance; coverage of proton radiation therapy, report.

Patrons: Yancey and Carter

A BILL directing the Bureau of Insurance to conduct an analysis of issues relating to health carrier's approvals of coverage for the use of proton radiation therapy to treat cancer; report.

18100914D

Summary as introduced:
Health insurance; coverage of proton radiation therapy; report. Directs the Bureau of Insurance to conduct an analysis of issues related to health insurers' approvals for cancer treatment involving use of proton radiation therapy. The Bureau shall report its findings to the members of the General Assembly by December 1, 2018.

12/14/17 House: Prefiled and ordered printed; offered 01/10/18 18100914D
12/14/17 House: Referred to Committee on Commerce and Labor
01/18/18 House: Assigned C & L sub: Subcommittee #2
01/22/18 House: Impact statement from SCC (HB111)
01/23/18 House: Subcommittee recommends passing by indefinitely (7-Y 0-N)

HB 167 Diploma seals; science, technology, engineering, and advanced mathematics.

Patron: Miyares

A BILL to amend and reenact § 22.1-253.13:4 of the Code of Virginia, relating to diploma seals; science, technology, engineering, and mathematics.

18105810D

Summary as introduced:
Diploma seals; science, technology, engineering, and advanced mathematics. Requires the Board of Education to establish criteria for awarding a diploma seal for science, technology, engineering, and advanced mathematics (STEAM) for the Board of Education-approved diplomas. Under current law, such diploma seal is limited in scope to technology and advanced mathematics.

02/09/18 House: Impact statement from DPB (HB167H1)
02/09/18 House: Read first time
02/12/18 House: Read second time
02/12/18 House: Committee substitute agreed to 18105810D-H1
02/12/18 House: Engrossed by House - committee substitute HB167H1

HB 168 Class size limits; establishes maximum of 24 students in science laboratory classes in grades 6-12.

Patrons: Murphy and Keam

A BILL to amend and reenact § 22.1-253.13:2 of the Code of Virginia, relating to class size limits; grades six through 12; science laboratory classes.

18102514D

Summary as introduced:
Class size limits; grades six through 12; science laboratory classes. Establishes a maximum class size of 24 students in science laboratory classes in grades six through 12.

01/31/18 House: Subcommittee recommends referring to Committee on Appropriations
02/05/18 House: Assigned App. sub: Elementary & Secondary Education
02/05/18 House: Reported from Education with amendment (12-Y 10-N)
02/05/18 House: Referred to Committee on Appropriations
02/07/18 House: Subcommittee recommends laying on the table (7-Y 1-N)

HB 199 Digital Citizenship, Internet Safety, and Media Literacy Advisory Council; established.

Patrons: Sullivan and Hurst

A BILL to amend the Code of Virginia by adding a section numbered 22.1-23.2, relating to the Superintendent of Public Instruction; establishment of the Digital Citizenship, Internet Safety, and Media Literacy Advisory Council.

18101476D

Summary as introduced:
Superintendent of Public Instruction; establishment of the Digital Citizenship, Internet Safety, and Media Literacy Advisory Council. Requires the Superintendent of Public Instruction to establish and appoint members to the Digital Citizenship, Internet Safety, and Media Literacy Advisory Council (Council), including at least one teacher, librarian, representative of a parent-teacher organization, school administrator, and individual with expertise in digital citizenship, Internet safety, and media literacy. The bill requires the Council to (i) develop and recommend to the Board of Education for adoption a model policy for local school boards that would enable such school boards to better support the digital citizenship, Internet safety, and media literacy of all students in the local school division; (ii) develop and recommend to the Board for adoption model instructional practices for the safe, ethical, and responsible use of media and technology by students in public elementary and secondary schools; and (iii) design and post on the Department of Education's website a page with links to successful instructional practices, curricula, and other teacher resources used in school divisions within and outside of the Commonwealth for the safe, ethical, and responsible use of media and technology by students.

01/31/18 House: Reported from Education with substitute (21-Y 1-N)
01/31/18 House: Referred to Committee on Appropriations
02/01/18 House: Assigned App. sub: Elementary & Secondary Education
02/05/18 House: Impact statement from DPB (HB199H1)
02/07/18 House: Subcommittee recommends laying on the table (5-Y 3-N)

HB 215 Teacher licensure; regulations governing licensure.

Patrons: Knight, Bell, Richard P., Fariss, Helsel, McGuire, Thomas and Ware

A BILL to amend and reenact § 22.1-298.1 of the Code of Virginia, relating to teacher licensure; alternate routes; instructors at regionally accredited institutions of higher education.

18106407D

Summary as passed House:

Teacher licensure; one-year license; instructors at regionally accredited institutions of higher education. Declares eligible for a renewable one-year license to teach in public high schools in the Commonwealth any individual who has (i) received a graduate degree from a regionally accredited institution of higher education; (ii) completed at least 30 credit hours of teaching experience as an instructor at a regionally accredited institution of higher education; and (iii) received qualifying scores on the professional teacher's assessments prescribed by the Board, including the communication and literacy assessment and the content-area assessment for the endorsement sought and (iv) completed certain other licensure requirements.

02/05/18 House: Engrossed by House - committee substitute HB215H1
02/06/18 House: Read third time and passed House BLOCK VOTE (99-Y 0-N)
02/06/18 House: VOTE: BLOCK VOTE PASSAGE (99-Y 0-N)
02/07/18 Senate: Constitutional reading dispensed
02/07/18 Senate: Referred to Committee on Education and Health

HB 343 Tuition, in-state; eligibility, certain individuals who have applied for permanent residency.

Patrons: Boysko, Guzman, Kory, Plum and Simon; Senator: Marsden

A BILL to amend the Code of Virginia by adding a section numbered 23.1-506.1, relating to eligibility for in-state tuition; certain individuals who have applied for permanent residency.

18101986D

Summary as introduced:
Eligibility for in-state tuition; certain individuals who have applied for permanent residency. Declares eligible for in-state tuition any individual who (i) graduated from a public or private high school in the Commonwealth or passed a high school equivalency examination approved by the Board of Education; (ii) registers as an entering student or is enrolled in a public institution of higher education; (iii) has submitted evidence that he or, in the case of a dependent student, at least one parent, guardian, or person standing in loco parentis has filed, unless exempted by state law, Virginia income tax returns for at least one year prior to the date of registration or enrollment; and (iv) provides an affidavit to the public institution of higher education in which he has registered as an entering student or is enrolled stating that he has filed an application to become a permanent resident of the United States and is actively pursuing such permanent residency or will do so as soon as he becomes eligible for such permanent residency.

01/04/18 House: Prefiled and ordered printed; offered 01/10/18 18101986D
01/04/18 House: Referred to Committee on Rules
01/16/18 House: Impact statement from DPB (HB343)

HB 347 SCHEV; to be disaggregated by degree program and level.

Patron: Landes

A BILL to amend and reenact §§ 23.1-204.1 and 23.1-409 of the Code of Virginia, relating to the State Council of Higher Education for Virginia; longitudinal data.

18101930D

Summary as introduced:
State Council of Higher Education for Virginia; longitudinal data. Requires the data that the State Council of Higher Education for Virginia annually collects and publishes on (i) the percentage of graduates of public institutions of higher education and certain nonprofit private institutions of higher education in the Commonwealth who are known to be employed in the Commonwealth and (ii) the average salary and the average higher education-related debt for such graduates to be disaggregated by degree program and level. The bill requires an institution of higher education for which such data is collected and published to provide a link on its website to such data and make such link available to each admitted student.

01/30/18 House: Reconsideration of passage agreed to by House
01/30/18 House: Passed House BLOCK VOTE (99-Y 0-N)
01/30/18 House: VOTE: BLOCK VOTE PASSAGE 2 (99-Y 0-N)
01/31/18 Senate: Constitutional reading dispensed
01/31/18 Senate: Referred to Committee on Education and Health

HB 443 High school graduation requirements; substitution of computer coding for foreign language credit.

Patrons: Carroll Foy, Davis, Ayala, Rodman, Torian and Tran

A BILL to amend and reenact § 22.1-253.13:4 of the Code of Virginia, relating to high school graduation requirements; substitution of computer coding credit for foreign language credit.

18106818D

Summary as passed House:

High school graduation requirements; substitution of computer coding credit for foreign language credit. Requires the Board of Education, in establishing high school graduation requirements, to (i) provide for the substitution of computer coding course credit for any foreign language course credit required to graduate with a standard or advanced diploma for children with disabilities and (ii) permit any English language learner who previously earned a sufficient score on an Advanced Placement or International Baccalaureate foreign language examination to substitute computer coding course credit for any foreign language course credit required to graduate, except in cases in which such foreign language course credit is required to earn an advanced diploma offered by a nationally recognized provider of college-level courses.

02/06/18 House: Impact statement from DPB (HB443H2)
02/07/18 House: Read third time and passed House (80-Y 18-N)
02/07/18 House: VOTE: PASSAGE (80-Y 18-N)
02/08/18 Senate: Constitutional reading dispensed
02/08/18 Senate: Referred to Committee on Education and Health

HB 454 Higher educational institutions, public; governing boards, open educational resources.

Patrons: Filler-Corn, Bourne, Davis, Hurst, Keam, McQuinn, Plum, Rodman, Tran, Tyler, VanValkenburg and Watts

A BILL to amend and reenact § 23.1-1308 of the Code of Virginia, relating to public institutions of higher education; governing boards; open educational resources.

18101394D

Summary as introduced:
Public institutions of higher education; governing boards; open educational resources. Requires the governing board of each public institution of higher education to implement policies, procedures, and guidelines that encourage the adoption and use of low-cost and no-cost open educational resources in courses offered at such institution.

02/09/18 House: Read first time
02/12/18 House: Read second time
02/12/18 House: Committee amendments agreed to
02/12/18 House: Engrossed by House as amended HB454E
02/12/18 House: Printed as engrossed 18101394D-E

HB 521 Virtual Virginia; enrollment in online learning program during school year to be open, etc.

Patron: Bell, Robert B.

A BILL to amend and reenact § 22.1-212.2 of the Code of Virginia, relating to Virtual Virginia; enrollment.

18102564D

Summary as introduced:
Virtual Virginia; enrollment. Requires enrollment in the Virtual Virginia online learning program during the school year to be open, on a space-available basis and free of charge, to each public high school student in the Commonwealth and each high school student in the Commonwealth who receives home instruction.

01/08/18 House: Prefiled and ordered printed; offered 01/10/18 18102564D
01/08/18 House: Referred to Committee on Education
01/19/18 House: Assigned Education sub: Subcommittee #2
01/24/18 House: Subcommittee recommends striking from docket (10-Y 0-N)
02/02/18 House: Impact statement from DPB (HB521)

HB 544 High School to Work Partnerships; establishment, exemptions.

Patrons: Freitas, Byron, Cole, Garrett, Helsel, Keam, LaRock, McGuire, Pogge, Thomas and Webert

A BILL to amend and reenact §§ 22.1-17.3 and 22.1-227.1 of the Code of Virginia, relating to High School to Work Partnerships; establishment; exemptions.

18101051D

Summary as introduced:
High School to Work Partnerships; establishment; exemptions. Permits each local school board to (i) establish High School to Work Partnerships (Partnerships) between public high schools and local businesses to create opportunities for high school students to (a) participate in an apprenticeship, internship, or job shadow program in a variety of trades and skilled labor positions or (b) tour local businesses and meet with owners and employees or (ii) delegate the authority to establish Partnerships to the local school division's career and technical education administrator or his designee, in collaboration with the guidance counselor office of each public high school in the school division. The bill requires such local school boards to educate high school students about opportunities available through such Partnerships. The bill also requires the Board of Education, the Department of Labor and Industry, and the State Board for Community Colleges to identify Partnerships that may be eligible for exemptions from certain federal and state labor laws and regulations and establish procedures by which such exemptions may be obtained for such Partnerships.

01/23/18 House: Impact statement from DPB (HB544)
02/06/18 House: Subcommittee recommends reporting (8-Y 0-N)
02/07/18 House: Reported from Education (22-Y 0-N)
02/09/18 House: Read first time
02/12/18 House: Read second time and engrossed

HB 576 High school graduation requirements; substitution of computer coding for foreign language credit.

Patron: Davis

A BILL to amend and reenact § 22.1-253.13:4 of the Code of Virginia, relating to high school graduation requirements; substitution of computer coding credit for foreign language credit.

18102179D

Summary as introduced:
High school graduation requirements; substitution of computer coding credit for foreign language credit. Requires the Board of Education, in establishing high school graduation requirements, to provide for the substitution of computer coding course credit for any foreign language course credit required to graduate, except in cases in which such foreign language course credit is required to earn an advanced diploma offered by a nationally recognized provider of college-level courses.

01/08/18 House: Prefiled and ordered printed; offered 01/10/18 18102179D
01/08/18 House: Referred to Committee on Education
01/19/18 House: Assigned Education sub: Subcommittee #3
01/23/18 House: Impact statement from DPB (HB576)
01/29/18 House: Subcommittee recommends striking from docket (8-Y 0-N)

HB 659 Distance learning reciprocity agreements; out-of-state providers.

Patron: Murphy

A BILL to amend and reenact § 23.1-219 of the Code of Virginia, relating to distance learning reciprocity agreements; out-of-state providers.

18101499D

Summary as introduced:
Distance learning reciprocity agreements; out-of-state providers. Prohibits an out-of-state degree-granting postsecondary school from providing distance learning from a location outside of the Commonwealth to Virginia students unless such postsecondary school participates in an interstate distance learning reciprocity agreement entered into by the Council.

01/09/18 House: Referred to Committee on Education
01/16/18 House: Impact statement from DPB (HB659)
01/19/18 House: Assigned Education sub: Subcommittee #3
01/29/18 House: Subcommittee recommends reporting (8-Y 0-N)
02/05/18 House: Continued to 2019 in Education

HB 685 Cybersecurity Student Loan Repayment Grant Program; established, report.

Patrons: Ransone, Carr, James, Landes, Lindsey and Torian

A BILL to amend the Code of Virginia by adding in Chapter 6 of Title 23.1 an article numbered 4.2, consisting of sections numbered 23.1-627.8 through 23.1-627.12, relating to the establishment of the Cybersecurity Student Loan Repayment Grant Program; report.

18100586D

Summary as introduced:
Cybersecurity Student Loan Repayment Grant Program established; report. Establishes the Cybersecurity Student Loan Repayment Grant Program, to be administered by the State Council of Higher Education for Virginia (the Council), whereby renewable grants of up to $20,000 of matching state and employer funds are provided on a competitive basis to an individual who (i) either (a) graduated within the past year from a public institution of higher education or nonprofit private institution of higher education with an undergraduate or graduate degree in computer science or another academic program recognized by the Council to prepare an individual for a career in cybersecurity and who resides in the Commonwealth or (b) has served on active duty in the Armed Forces of the United States, was discharged or released within the past year from such service under conditions other than dishonorable, gained experience or received training in computer science during such service, and resides in the Commonwealth and (ii) accepts an offer of employment in a computer science position with any federal or state organization, including any federal or state military or defense organization, that is located in the Commonwealth or any private organization that contractually provides cybersecurity services for any such federal or state organization and that is located in the Commonwealth. The bill contains provisions relating to program administration and dissemination of information and reporting on the program.

02/10/18 House: Read first time
02/12/18 House: Read second time
02/12/18 House: Committee amendments agreed to
02/12/18 House: Engrossed by House as amended HB685E
02/12/18 House: Printed as engrossed 18100586D-E

HB 694 School board policies; homework assignments using Internet connection.

Patrons: Poindexter and Kory

A BILL to amend and reenact § 22.1-79 of the Code of Virginia, relating to school board policies; homework assignments; Internet connection.

18103067D

Summary as introduced:
School board policies; homework assignments; Internet connection. Requires each school board to establish a policy to prohibit any teacher in the school division from assigning to any student a homework assignment that requires the use of an Internet connection that is capable of transmitting information at a rate that is not less than 256 kilobits per second in at least one direction when such student lacks meaningful access to such an Internet connection.

01/09/18 House: Prefiled and ordered printed; offered 01/10/18 18103067D
01/09/18 House: Referred to Committee on Education
01/19/18 House: Assigned Education sub: Subcommittee #2
01/24/18 House: Impact statement from DPB (HB694)
02/02/18 House: Subcommittee recommends laying on the table (10-Y 0-N)

HB 740 Cyber centers of excellence; Department of Education to establish task force.

Patron: McGuire

A BILL to amend the Code of Virginia by adding a section numbered 22.1-23.2, relating to the Department of Education; task force; cyber centers of excellence.

18104610D

Summary as introduced:
Department of Education; task force; cyber centers of excellence. Requires the Department of Education to establish and appoint members to a task force for the purpose of establishing a program and standards for the designation of any public middle school or high school in the Commonwealth as a cyber center of excellence. The bill requires such program and standards to, at minimum, (i) establish a competitive process by which local school boards may apply to the Department of Education to designate any middle school or high school in the local school division as a cyber center of excellence and (ii) require applicants to demonstrate the ability to (a) provide high-quality programs and curricula for the development of the computer skills of enrolled students, (b) identify enrolled students with an aptitude for such programs and curricula, and (c) assist such students in developing their computer skills in order to be better prepared to meet the Commonwealth's growing demand and unmet need for cybersecurity professionals. The bill requires the task force to create and distribute to each local school board guidelines, procedures, and best practices for applications for the designation of schools as cyber centers of excellence.

02/05/18 House: Subcommittee recommends referring to Committee on Appropriations
02/07/18 House: Reported from Education (22-Y 0-N)
02/07/18 House: Referred to Committee on Appropriations
02/08/18 House: Assigned App. sub: Elementary & Secondary Education
02/09/18 House: Subcommittee recommends laying on the table (8-Y 0-N)

HB 831 Virtual Virginia; availability to all public middle and high schools.

Patron: Bagby

A BILL to amend and reenact § 22.1-212.2 of the Code of Virginia, relating to public schools; Virtual Virginia; availability.

18102479D

Summary as introduced:
Virtual Virginia; availability. Requires the Virtual Virginia program, established by the Department of Education, to be made available to all public middle and high schools. The bill provides that such program may be made available to all public elementary schools. Under current law, Virtual Virginia is required to be made available to public high schools only. The bill also replaces the term "statewide electronic classroom" with "online learning program" to more accurately reflect the Virtual Virginia program.

02/05/18 House: Subcommittee recommends referring to Committee on Appropriations
02/07/18 House: Reported from Education (22-Y 0-N)
02/07/18 House: Referred to Committee on Appropriations
02/08/18 House: Assigned App. sub: Elementary & Secondary Education
02/09/18 House: Subcommittee recommends laying on the table (5-Y 3-N)

HB 919 Virginia Community College System; changes to ensure a standard quality of education.

Patrons: Jones, S.C., Aird and Carr

A BILL to amend and reenact §§ 23.1-203, 23.1-907, 23.1-908, 23.1-2904, 23.1-2906.1, 23.1-3136, and 23.1-3137 of the Code of Virginia, relating to the Virginia Community College System.

18101739D

Summary as introduced:
Virginia Community College System. Makes several changes to the Virginia Community College System to ensure a standard quality of education at all comprehensive community colleges, and to ensure in the transfer of community college credit to four-year public institutions of higher education in order to provide higher education as efficiently and cost effective as possible. The bill requires the development of a standard Passport Program and a Uniform Certificate of General Studies program to be offered at each community college. Initially, the Passport Program course offerings would be accepted as credit at a four-year institution, unless a four-year institution had applied for and received a waiver from accepting a particular course for a particular major, with a goal of making all courses in the Uniform Certificate transferrable. Four-year institutions, in cooperation with the Community College System, would be required to map out career education pathways to allow students to see the classes necessary to complete a four-year degree in a particular field of study. The Virginia Community College System would be required to create a single online repository where the public may access all transfer agreements and dual enrollment agreements with four-year institutions. Finally, the State Board for Community Colleges is required to implement an annual review for each community college, and to standardize the course offerings across the community college system.

The bill adds the Virginia Community College System to the Virginia Online Network, and requires that all Passport Program courses be made available through the Network. A community college would be required to indicate whether dual enrollment courses offered at local school division would be eligible for transfer. The Community College system would also be required to maintain a database of all dual enrollment course offered across the Commonwealth.

02/10/18 House: Read first time
02/12/18 House: Read second time
02/12/18 House: Committee amendment agreed to
02/12/18 House: Engrossed by House as amended HB919E
02/12/18 House: Printed as engrossed 18101739D-E

HB 1111 STEAM programs; establishes STEAM Education Fund.

Patrons: Tran, Ayala and Guzman

A BILL to amend the Code of Virginia by adding in Title 22.1 a chapter numbered 26, consisting of sections numbered 22.1-364 and 22.1-365, relating to grants for science, technology, engineering, arts, and mathematics programs at qualified schools.

18104509D

Summary as introduced:
Science, technology, engineering, arts, and mathematics (STEAM) programs; grants. Establishes the STEAM Education Fund for the purpose of awarding grants in amounts not to exceed $50,000 annually to any public elementary or secondary school in the Commonwealth at which at least 25 percent of students qualify for free or reduced lunch that provides an academic class, curriculum, or activity focused on a science, technology, engineering, arts, or mathematics (STEAM) discipline.

01/18/18 House: Impact statement from DPB (HB1111)
01/29/18 House: Reported from Science and Technology with amendment (22-Y 0-N)
01/29/18 House: Referred to Committee on Appropriations
01/31/18 House: Assigned App. sub: Elementary & Secondary Education
02/07/18 House: Subcommittee recommends laying on the table (5-Y 3-N)

HB 1125 Teachers; several changes to licensure process.

Patrons: Landes, Ward, Boysko, Helsel, LaRock, McGuire and Thomas

A BILL to amend and reenact §§ 22.1-253.13:1, 22.1-298.1, 22.1-298.2, 22.1-299, 22.1-299.6, and 22.1-305.2 of the Code of Virginia, relating to teacher licensure.

18106675D

Summary as introduced:
Teacher licensure. Makes several changes to the teacher licensure process, including (i) allowing an individual who seeks a provisional teacher license to satisfy certain licensure requirements during the period of provisional licensure; (ii) permitting the Board of Education to extend, for up to two additional years, the three-year provisional license of any teacher who requires additional time to satisfy the requirements for a renewable license; (iii) permitting teachers with a valid out-of-state license, with full credentials and without deficiencies, to receive licensure by reciprocity without passing additional licensing assessments; (iv) eliminating the requirements that teachers seeking initial licensure or renewal of a license (a) demonstrate proficiency in the use of educational technology for instruction and (b) receive professional development in instructional methods tailored to promote student academic progress and effective preparation for the Standards of Learning end-of-course and end-of-grade assessments; (v) permitting any division superintendent to apply to the Department of Education for an annual waiver of the teacher licensure requirements for any individual whom the local school board hires or seeks to hire to teach in a specific content area who demonstrates exemplary content knowledge in such area; and (vi) specifying that for the purpose of Board of Education regulations for the approval of teacher education programs, the term "education preparation program" includes four-year bachelor's degree programs in teacher education.

02/07/18 House: Committee substitute printed 18106675D-H1
02/09/18 House: Read first time
02/12/18 House: Read second time
02/12/18 House: Committee substitute agreed to 18106675D-H1
02/12/18 House: Engrossed by House - committee substitute HB1125H1

HB 1176 Public Elementary and Secondary Education, Commission on the Future of; established, report.

Patron: Landes

A BILL to amend the Code of Virginia by adding in Title 30 a chapter numbered 60, consisting of sections numbered 30-376 through 30-383, relating to the establishment of the Commission on the Future of Public Elementary and Secondary Education.

18101931D

Summary as introduced:
Commission on the Future of Public Elementary and Secondary Education established. Establishes the 20-member Commission on the Future of Public Elementary and Secondary Education (the Commission), consisting of seven members of the House Committee on Education, six members of the Senate, five nonlegislative citizen members, the Superintendent of Public Instruction or his designee, and the Secretary of Education or his designee, for the purpose of ensuring a deliberate, thoughtful, coordinated, and year-round approach to legislative education reform in the Commonwealth. The bill requires the Commission to (i) collaborate with the Board of Education, the Department of Education, the Standards of Learning Innovation Committee, and other interested stakeholders to study (a) the need for revisions to or reorganization of the Standards of Quality with a particular emphasis on the effective use of educational technology, (b) emerging education issues in the Commonwealth, and (c) the future of public elementary and secondary education in the Commonwealth and (ii) establish and appoint members from a variety of stakeholder organizations to subcommittees in distinct subject matter areas. The provisions of the bill sunset on July 1, 2021.

01/10/18 House: Prefiled and ordered printed; offered 01/10/18 18101931D
01/10/18 House: Referred to Committee on Rules
01/19/18 House: Assigned Rules sub: Subcommittee #1
01/25/18 House: Impact statement from DPB (HB1176)
02/01/18 House: Subcommittee recommends laying on the table (5-Y 1-N)

HB 1191 Tuition, in-state; eligibility of certain individuals who have applied for asylum.

Patron: Bulova

A BILL to amend the Code of Virginia by adding a section numbered 23.1-506.1, relating to eligibility for in-state tuition; certain individuals who have applied for asylum.

18102756D

Summary as introduced:
Eligibility for in-state tuition; certain individuals who have applied for asylum. Declares eligible for in-state tuition any individual who (i) attended a public or private high school in the Commonwealth for at least three years; (ii) graduated from a public or private high school in the Commonwealth or passed a high school equivalency examination approved by the Board of Education; (iii) registers as an entering student at or is enrolled in a public institution of higher education; (iv) provides an affidavit to the public institution of higher education at which he has registered as an entering student or is enrolled stating that he has filed with U.S. Citizenship and Immigration Services an application for asylum; and (v) submits evidence to the institution at which he has registered as an entering student or is enrolled that he, or in the case of a dependent student, at least one parent, guardian, or person standing in loco parentis, has filed, unless exempted by state law, Virginia income tax returns for at least three years prior to the date of registration as an entering student or enrollment. The bill provides that any such individual shall remain eligible for in-state tuition for as long as he maintains continuous enrollment in the public institution of higher education and his application for asylum has not been denied.

01/10/18 House: Prefiled and ordered printed; offered 01/10/18 18102756D
01/10/18 House: Referred to Committee on Rules
01/17/18 House: Impact statement from DPB (HB1191)

HB 1279 Higher educational institutions, public; policy.

Patrons: Tran and Reid

A BILL to amend and reenact § 23.1-904 of the Code of Virginia, to amend the Code of Virginia by adding a section numbered 23.1-904.1, and to repeal § 23.1-2907 of the Code of Virginia, relating to public institutions of higher education; policies for the award of academic credit for military training.

18104506D

Summary as introduced:
Public institutions of higher education; policies for the award of academic credit for military training. Requires the governing board of each public institution of higher education to adopt a policy for the award of academic credit to any student enrolled at the institution who has successfully completed a military training course or program as part of his military service that is applicable to the student's certificate of degree requirements and is recommended for academic credit by a national higher education association that provides academic credit recommendations for military training courses or programs, noted on the student's military transcript issued by any of the Armed Forces of the United States or otherwise documented in writing by any of the Armed Forces of the United States.

01/10/18 House: Prefiled and ordered printed; offered 01/10/18 18104506D
01/10/18 House: Referred to Committee on Education
01/19/18 House: Assigned Education sub: Subcommittee #3
01/23/18 House: Impact statement from DPB (HB1279)
02/06/18 House: Subcommittee recommends laying on the table (8-Y 0-N)

SB 232 Commonwealth of Virginia Institutions of Higher Education Bond Act of 2018; created.

Patron: Hanger

A BILL to authorize the issuance of bonds, in an amount up to $21,000,000 plus financing costs, pursuant to Article X, Section 9 (c) of the Constitution of Virginia, for paying costs of acquiring, constructing, and equipping revenue-producing capital projects at institutions of higher education of the Commonwealth; to authorize the Treasury Board, by and with the consent of the Governor, to fix the details of such bonds, to provide for the sale of such bonds, and to issue notes to borrow money in anticipation of the issuance of the bonds; to provide for the pledge of the net revenues of such capital projects and the full faith, credit, and taxing power of the Commonwealth for the payment of such bonds; and to provide that the interest income on such bonds and notes shall be exempt from all taxation by the Commonwealth and any political subdivision thereof.

18101950D

Summary as introduced:
Bonds for institutions of higher education. Authorizes issuance of bonds in an amount up to $21,000,000 for revenue-producing capital projects at institutions of higher education. The bill contains an emergency clause.

EMERGENCY

01/19/18 Senate: Read second time and engrossed
01/22/18 Senate: Read third time and passed Senate (39-Y 0-N)
01/29/18 House: Placed on Calendar
01/29/18 House: Read first time
01/29/18 House: Referred to Committee on Appropriations

SB 237 Tuition, in-state; domicile, individuals currently granted Deferred Action for Childhood Arrivals.

Patrons: Marsden and Wexton

A BILL to amend and reenact § 23.1-503 of the Code of Virginia, relating to in-state tuition; domicile; individuals granted Deferred Action for Childhood Arrivals.

18102053D

Summary as introduced:
In-state tuition; domicile; individuals granted Deferred Action for Childhood Arrivals. Declares, absent congressional intent to the contrary, that any individual currently granted Deferred Action for Childhood Arrivals by U.S. Citizenship and Immigration Services has the capacity to intend to remain in the Commonwealth indefinitely and is therefore eligible to establish domicile and receive in-state tuition charges at any public institution of higher education in the Commonwealth.

01/04/18 Senate: Prefiled and ordered printed; offered 01/10/18 18102053D
01/04/18 Senate: Referred to Committee on Education and Health
01/16/18 Senate: Impact statement from DPB (SB237)
01/18/18 Senate: Passed by indefinitely in Education and Health (8-Y 7-N)

SB 373 Higher education; prohibits any percentage increase in in-state tuition for undergraduate students.

Patron: DeSteph

A BILL to amend and reenact §§ 23.1-307 and 23.1-1301 of the Code of Virginia, relating to higher education; in-state tuition increases.

18102834D

Summary as introduced:
Higher education; in-state tuition. Prohibits any percentage increase in in-state tuition or instructional fees for undergraduate students at Virginia's public institutions of higher education that exceeds the annual percentage increase, as determined by the State Council of Higher Education for Virginia, in the Average Consumer Price Index for all items, all urban consumers (CPI-U), as published by the Bureau of Labor Statistics of the U.S. Department of Labor, from January 1 through December 31 of the year immediately preceding the affected year.

01/25/18 Senate: Incorporates SB377 (DeSteph)
01/25/18 Senate: Incorporates SB577 (DeSteph)
01/25/18 Senate: Incorporates SB836 (DeSteph)
01/25/18 Senate: Incorporates SB749 (Sturtevant)
01/25/18 Senate: Continued to 2019 in Education and Health (15-Y 0-N)

SB 660 Youth Employment Solutions apprenticeship program; feasibility of implementation.

Patron: Wagner

A BILL directing the Department of Labor and Industry and Department of Education to determine the feasibility of implementing a Youth Employment Solutions apprenticeship program; authorization to establish program.

18100690D

Summary as introduced:
Youth Employment Solutions apprenticeship program. Directs the Department of Labor and Industry and the Department of Education to determine the feasibility of implementing a Youth Employment Solutions (YES) apprenticeship program. Under a YES apprenticeship program, agencies of the Commonwealth enter into an agreement with a private staffing firm under which the firm provides services as an intermediary between the Commonwealth's apprenticeship program and an employer. Under the agreement, the firm assumes legal duties and responsibilities with regard to apprentices, including those relating to workers' compensation and insurance liability, that would otherwise apply to the employer. The measure directs the agencies to ascertain whether existing law prevents implementation of a YES apprenticeship program and, if so, identify such law in a report to the chairs of the Senate Committee on Commerce and Labor, the Senate Committee on Education and Health, the House Committee on Commerce and Labor, and the House Committee on Education by October 1, 2018. If the agencies determine that implementing a YES apprenticeship program would be feasible and not require changes to existing law, the measure directs the agencies to implement a YES apprenticeship program in the Commonwealth.

02/02/18 Senate: Impact statement from DPB (SB660)
02/08/18 Senate: Rereferred from Rules (15-Y 0-N)
02/08/18 Senate: Rereferred to Education and Health
02/12/18 Senate: Reported from Education and Health with substitute (13-Y 0-N)
02/12/18 Senate: Committee substitute printed 18106923D-S1

SB 785 Electronic textbooks; prohibits local school boards from requiring use in any course in grades 6-12.

Patron: Surovell

A BILL to amend and reenact § 22.1-241 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 22.1-241.1, relating to access to electronic textbooks and adequate connectivity.

18106300D

Summary as passed Senate:

Access to electronic textbooks and adequate connectivity. Prohibits local school boards from requiring the use of any electronic textbook in any course in grades six through 12 unless the school board adopts a plan to ensure that on or before July 1, 2020, (i) each student enrolled in such course will have actual access at school and, if any assignment requires the use of such electronic textbook outside of school hours, in his residence to at least one personal computing device not shared with another student that contains an operating system and the hardware necessary to support the format of each electronic textbook expected to be used in such course and (ii) the relevant school has adequate connectivity, which the bill defines as bandwidth of at least one megabit per second per enrolled student.

02/05/18 Senate: Engrossed by Senate - committee substitute SB785S1
02/06/18 Senate: Read third time and passed Senate (40-Y 0-N)
02/08/18 House: Placed on Calendar
02/08/18 House: Read first time
02/08/18 House: Referred to Committee on Education

SB 786 Public schools; no charge for online courses and virtual programs.

Patron: Surovell

A BILL to amend and reenact § 22.1-212.27 of the Code of Virginia, relating to online courses and virtual programs.

18106302D

Summary as introduced:
Public schools: online courses and virtual programs. Provides that no student shall be charged tuition or fees for enrolling in any online course or virtual program that is required or is offered by the school division in which he resides. The bill provides that no local school board can offer and no student can be required to take any online course or virtual program unless every student enrolled in the course is provided or offered, free of charge, a computer or other electronic device necessary to take the course. Further, the bill provides an exception for the high school graduation requirement to take a virtual course if such requirements are not met.

02/12/18 Senate: Reading of substitute waived
02/12/18 Senate: Committee substitute agreed to 18106302D-S1
02/12/18 Senate: Engrossed by Senate - committee substitute SB786S1
02/12/18 Senate: Constitutional reading dispensed (40-Y 0-N)
02/12/18 Senate: Passed by for the day

Counts: HB: 27 SB: 6


Tax Policy
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HB 129 Worker retraining tax credit; manufacturing instruction for students.

Patrons: Yancey and Tran

A BILL to amend and reenact § 58.1-439.6 of the Code of Virginia, relating to worker retraining tax credit; manufacturing instruction for students.

18102417D

Summary as introduced:
Worker retraining tax credit; manufacturing instruction for students. Modifies the worker retraining tax credit by allowing credit to manufacturers conducting a manufacturing orientation, instruction, and training program that is (i) provided to students in grades six through 12, (ii) coordinated with the local school division and certified as qualified for tax credit by the Virginia Economic Partnership Development Authority, and (iii) conducted either at a plant or facility used by the manufacturer or at a public middle or high school in Virginia. The credit would equal 35 percent of the manufacturer's direct costs in providing the program, not to exceed $2,000 for any year.

02/09/18 House: Read first time
02/12/18 House: Read second time
02/12/18 House: Committee amendments agreed to
02/12/18 House: Engrossed by House as amended HB129E
02/12/18 House: Printed as engrossed 18102417D-E

HB 222 Income tax, corporate & state; modification for certain companies & subtraction for their employees.

Patrons: Morefield, Campbell, Hodges, Adams, L.R., Aird, Ayala, Bell, John J., Bell, Richard P., Boysko, Carroll Foy, Davis, Edmunds, Filler-Corn, Guzman, Head, Heretick, Herring, Hope, Hugo, Hurst, Jones, J.C., Keam, Kilgore, Levine, Marshall, McGuire, Miyares, Murphy, Pillion, Plum, Pogge, Price, Rasoul, Reid, Roem, Sickles, Sullivan, Tran, Turpin, Watts and Wright; Senators: Carrico, Chafin and Stanley

A BILL to amend and reenact §§ 58.1-322.02, 58.1-405, 58.1-408, 58.1-417, 58.1-418, 58.1-419, 58.1-420, 58.1-422, 58.1-422.1, and 58.1-422.2 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 15.2-958.2:01 and 58.1-405.1, relating to income tax; modification for certain companies and individual income tax subtraction for their employees; local grants.

18106663D

Summary as introduced:
Income tax; modification for certain companies and subtraction for their employees; local grants. Establishes an income tax modification for companies that, from 2018 through 2028, either (i) invest at least $5 million in new capital investment in a qualified locality and create at least 10 jobs in a qualified locality or (ii) create at least 50 jobs in a qualified locality. Such companies are exempt from withholding for their employees that reside in a qualified locality.

The bill defines qualified locality to include (i) the Counties of Bland, Buchanan, Dickenson, Lee, Russell, Scott, Smyth, Tazewell, and Wise or the Cities of Bristol and Norton, (ii) the Counties of Grayson, Henry, Halifax, or Pittsylvania or the Cities of Danville, Galax, or Martinsville, and (iii) the City of Petersburg. Qualified locality also includes certain real property owned or partly owned by such localities outside of their territorial boundaries.

A company is eligible to claim the subtraction if it had no property or payroll in Virginia or if it had property or payroll in a qualified locality on the effective date of the act and remits its applicable estimated tax to the Tax Department. The bill authorizes the Commonwealth's Development Opportunity Fund and the Tobacco Indemnification and Community Revitalization Fund to issue grants or loans to eligible companies to pay their estimated tax liability. The bill defines applicable estimated tax as the sum of (i) the company's tax liability, calculated without allowing the modification, and (ii) the amount it would have been required to withhold for each of its employees that reside in a qualified locality.

Generally, the amount of the modification is the value of the company's property and payroll in qualified localities. The bill provides similar modifications for industries that use different apportionment formulas including motor carriers, financial companies, construction companies, railway companies, manufacturing companies, retailers, and businesses with enterprise data center operations.

The bill also establishes a subtraction from individual income tax for employees of an eligible company. Eligibility for the corporate and individual income tax subtractions shall continue for nine years following the year in which the company initially makes a modification to its apportionment formula. Continuing eligibility is contingent on the company maintaining its capital investment and jobs created in qualified localities.

The bill permits (i) the Counties of Bland, Buchanan, Dickenson, Lee, Russell, Scott, Smyth, Tazewell, and Wise and the Cities of Bristol and Norton, (ii) the Counties of Grayson, Henry, Halifax, and Pittsylvania and the Cities of Danville, Galax, and Martinsville, and (iii) the City of Petersburg to provide grants and loans to companies that qualify for the modification provided by the bill.  The bill also authorizes all industrial development authorities to provide grants and loans to such companies.

02/12/18 House: Amendment by Delegate Morefield agreed to
02/12/18 House: Amendments by Delegate Habeeb agreed to
02/12/18 House: Pending question ordered
02/12/18 House: Engrossed by House - committee substitute with amendments HB222EH1
02/12/18 House: Printed as engrossed 18106663D-EH2

HB 256 Income tax, state, and property tax; exemption for substantial-capacity solar equipment.

Patron: Guzman

A BILL to amend and reenact § 58.1-3660 of the Code of Virginia and to amend the Code of Virginia by adding in Article 3 of Chapter 3 of Title 58.1 a section numbered 58.1-339.13, relating to individual income tax credit and property tax exemption for substantial-capacity solar equipment.

18103692D

Summary as introduced:
Individual income tax credit and property tax exemption for substantial-capacity solar equipment. Provides an individual income tax credit and a mandatory property tax exemption for substantial-capacity solar equipment. The bill defines "substantial-capacity solar equipment" and requires a taxpayer to obtain certification from his local building department that such equipment is eligible for exemption. Current law provides an exemption for a broader category of solar energy equipment, facilities, or devices; however, such exemption is permissive for localities and may be partial or full.

The bill provides that a person may claim an income tax credit for his costs associated with substantial-capacity solar equipment if he includes his certification with his tax return. The amount of the credit is the least of $10,000, 10 percent of the equipment's installed cost, or the person's tax liability. The bill provides that the Department of Taxation shall issue no more than $500,000 in credits per taxable year, and it does not allow taxpayers to carry unused credit forward. The credit sunsets after taxable year 2022.

01/02/18 House: Referred to Committee on Finance
01/19/18 House: Impact statement from DHCD/CLG (HB256)
01/19/18 House: Impact statement from TAX (HB256)
01/25/18 House: Assigned Finance sub: Subcommittee #3
02/02/18 House: Subcommittee recommends passing by indefinitely (5-Y 3-N)

HB 365 Income tax, state and corporate; subtraction for Virginia real estate investment trust income.

Patrons: Rush and Murphy

A BILL to amend and reenact §§ 58.1-322.02 and 58.1-402 of the Code of Virginia, relating to income tax subtraction; Virginia real estate investment trust income.

18103580D

Summary as passed House:

Income tax subtraction; Virginia real estate investment trust income. Establishes an individual and corporate income tax subtraction for income attributable to an investment in a Virginia real estate investment trust, defined in the bill as an investment fund that is certified by the Department of Taxation as investing at least 90 percent of trust funds in Virginia and at least 40 percent of trust funds in localities that are either distressed or double distressed. The bill defines a distressed locality as one where the unemployment rate is greater than the statewide average or the poverty rate exceeds the statewide average. The bill defines a double distressed locality as one that satisfies both of the preceding criteria. An income tax subtraction would be available only for an investment made on or after January 1, 2019, but before December 31, 2024.

02/01/18 House: Printed as engrossed 18103580D-E
02/02/18 House: Read third time and passed House (97-Y 0-N)
02/02/18 House: VOTE: PASSAGE (97-Y 0-N)
02/05/18 Senate: Constitutional reading dispensed
02/05/18 Senate: Referred to Committee on Finance

HB 471 Small businesses, new; state and local tax and regulatory exemptions.

Patron: Reid

A BILL to amend and reenact §§ 13.1-619, 13.1-634, 13.1-1011, 13.1-1015, 58.1-609.3, and 58.1-3703 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 12.1-19.2 and 60.2-212.3, relating to state and local tax and regulatory exemptions for new small businesses.

18103342D

Summary as introduced:
State and local tax and regulatory exemptions for new small businesses. Exempts new small businesses from (i) payment of unemployment, sales and use, and local license taxes and (ii) certain registration and reporting requirements with the State Corporation Commission. The bill defines an eligible business as any business that has its principal place of business in the Commonwealth, has not been in existence for more than five years, and has fewer than six employees or has paid less than $5,000 for the purchase or lease of business personal property, including machinery and tools and merchants' capital, since its inception.

01/25/18 House: Subcommittee recommends referring to Committee on Finance
01/30/18 House: Referred from Commerce and Labor
01/30/18 House: Referred to Committee on Finance
02/01/18 House: Assigned Finance sub: Subcommittee #3
02/02/18 House: Subcommittee recommends passing by indefinitely (5-Y 3-N)

HB 828 Personal property tax; computer equipment and peripherals used in data centers.

Patrons: Bagby, VanValkenburg, Adams, D.M., Bourne, Ingram, McQuinn and Rodman; Senator: Dunnavant

A BILL to amend and reenact §§ 58.1-3503 and 58.1-3506 of the Code of Virginia, relating to personal property tax; computer equipment and peripherals used in data centers.

18100799D

Summary as passed House:

Personal property tax; computer equipment and peripherals used in data centers. Creates a separate classification of tangible personal property, for valuation purposes, for computer equipment and peripherals used in a data center. The classification specifies that the computer equipment and peripherals shall be valued by means of a percentage or percentages of original cost or by any other method that reasonably may be expected to determine fair market value.

02/02/18 House: VOTE: BLOCK VOTE PASSAGE (98-Y 0-N)
02/05/18 Senate: Constitutional reading dispensed
02/05/18 Senate: Referred to Committee on Finance
02/12/18 House: Impact statement from TAX (HB828E)
02/13/18 Senate: Reported from Finance (11-Y 0-N)

HB 966 Income tax, sales tax, etc.; refundable credit for certain local taxes.

Patron: Davis

A BILL to amend and reenact §§ 58.1-320, 58.1-602, as it is currently effective and as it may become effective, 58.1-603, as it is currently effective and as it may become effective, 58.1-609.5, 58.1-609.6, 58.1-611.1, 58.1-612, and 58.1-623 of the Code of Virginia and to amend the Code of Virginia by adding in Article 13 of Chapter 3 of Title 58.1 a section numbered 58.1-439.12:13, relating to taxation in the Commonwealth; income tax, sales tax, and credit for certain local taxes.

18102193D

Summary as introduced:
Taxation in the Commonwealth; income tax, sales tax, and credit for certain local taxes. Provides, for taxable years 2018 through 2022, a refundable credit against individual and corporate income taxes for a business's aggregate tax liability under the machinery and tools tax, the merchants' capital tax, and the business, professional, and occupational license (BPOL) tax.

The bill imposes a sales tax on all services except business-to-business, educational, health care, and real estate services. The bill requires the Department of Taxation (the Department) to assert the Commonwealth's jurisdictional nexus to tax services to the maximum extent allowed by Virginia and federal law and requires any person that furnishes services valued at $5,000 or more during a calendar year to register with the Department as a dealer.

The bill provides that food purchased for human consumption shall be exempt from state sales tax. Under current law, food purchased for human consumption is taxed at a reduced state rate of 1.5 percent and a local rate of 1 percent.

The bill eliminates the lowest two income tax brackets by providing that, starting with taxable year 2019, there shall be no income tax imposed on income of $5,000 or less.

01/09/18 House: Prefiled and ordered printed; offered 01/10/18 18102193D
01/09/18 House: Referred to Committee on Finance
01/28/18 House: Impact statement from TAX (HB966)
01/29/18 House: Continued to 2019 in Finance

HB 1018 Energy storage system; establishes tax credit.

Patron: Toscano

A BILL to amend the Code of Virginia by adding in Article 3 of Chapter 3 of Title 58.1 a section numbered 58.1-339.13, relating to energy storage system tax credit.

18102227D

Summary as introduced:
Energy storage system tax credit. Establishes for taxable years 2018 through 2022 an income tax credit for a taxpayer's expenditures on an energy storage system. The bill defines energy storage system and provides that the credit shall not exceed the lesser of (i) $5,000 for a system on residential property or $75,000 for a system on commercial property, (ii) 30 percent of the system's total installed cost, or (iii) the taxpayer's tax liability. The bill directs the Department of Mines, Minerals, and Energy (the Department) to establish a process whereby taxpayers apply for certification that their expenditures are eligible for the credit. The bill limits the Department to issuing no more than $750,000 of tax credits, in aggregate, during a taxable year and directs the Department to approve credits in the order received. The bill prohibits taxpayers from carrying forward unused credit to later taxable years.

01/23/18 House: Impact statement from TAX (HB1018)
01/25/18 House: Assigned Finance sub: Subcommittee #3
02/02/18 House: Subcommittee recommends reporting with amendment (7-Y 1-N)
02/07/18 House: Reported from Finance with amendments (21-Y 1-N)
02/07/18 House: Referred to Committee on Appropriations

HB 1051 Communications sales and use tax; services subject to taxation.

Patron: Watts

A BILL to amend and reenact §§ 58.1-647 and 58.1-648 of the Code of Virginia, relating to communications sales and use tax; services subject to taxation.

18102521D

Summary as introduced:
Communications sales and use tax; services subject to taxation. Applies the communications sales and use tax to services related to the streaming of audio and visual data, and prepaid calling. The bill also clarifies that the tax applies to communications services regardless of whether customers are charged a subscription fee, a periodic fee, or an actual usage fee.

01/09/18 House: Prefiled and ordered printed; offered 01/10/18 18102521D
01/09/18 House: Referred to Committee on Finance
01/21/18 House: Impact statement from TAX (HB1051)
01/23/18 House: Assigned Finance sub: Subcommittee #2
01/29/18 House: Passed by indefinitely in Finance (22-Y 0-N)

SB 200 Local government taxing authority; equalizes municipal and county taxing authority.

Patrons: Favola; Delegate: Kory

A BILL to amend and reenact §§ 15.2-204 and 15.2-1200 of the Code of Virginia, relating to local government taxing authority.

18101468D

Summary as introduced:
Local government taxing authority. Equalizes municipal taxing authority and county taxing authority by granting a county the same authority available to a municipality through the uniform charter powers. The bill has a delayed effective date of July 1, 2019, prior which to the Division of Legislative Services is directed to convene a working group to develop recommendations as to what additional legislative changes are needed to effectuate the provisions of the bill.

01/09/18 Senate: Impact statement from DHCD (SB200)
01/23/18 Senate: Rereferred from Local Government (12-Y 0-N)
01/23/18 Senate: Rereferred to Finance
01/31/18 Senate: Committee substitute printed to LIS only 18105764D-S1
01/31/18 Senate: Passed by indefinitely in Finance with letter (15-Y 0-N)

SB 268 Personal property tax; computer equipment and peripherals used in data centers.

Patrons: Dunnavant; Delegates: Adams, D.M. and Bagby

A BILL to amend and reenact §§ 58.1-3503 and 58.1-3506 of the Code of Virginia, relating to personal property tax; computer equipment and peripherals used in data centers.

18100798D

Summary as passed Senate:

Personal property tax; computer equipment and peripherals used in data centers. Creates a separate classification of tangible personal property, for valuation purposes, for computer equipment and peripherals used in a data center. The classification specifies that the computer equipment and peripherals shall be valued by means of a percentage or percentages of original cost.

01/25/18 Senate: Printed as engrossed 18100798D-E
01/26/18 Senate: Read third time and passed Senate (36-Y 0-N 2-A)
01/31/18 House: Placed on Calendar
01/31/18 House: Read first time
01/31/18 House: Referred to Committee on Finance

SB 271 Income tax return; notification of data breach, taxpayer identity information.

Patron: Howell

A BILL to amend the Code of Virginia by adding a section numbered 58.1-341.2, relating to notification of tax return data breach.

18105240D

Summary as introduced:
Notification of tax return data breach. Requires paid income tax return preparers to notify the Department of Taxation within a reasonable time period if they discover that an unauthorized person has accessed a taxpayer's return information. The bill defines return information and provides that it does not include publicly available information.

01/22/18 Senate: Read third time and passed Senate (39-Y 0-N)
01/29/18 House: Placed on Calendar
01/29/18 House: Read first time
01/29/18 House: Referred to Committee on Finance
02/05/18 Senate: Impact statement from TAX (SB271S1)

SB 299 Taxation, Department of; reports on sales and use tax exemptions.

Patron: Norment

A BILL to amend and reenact §§ 58.1-609.3 and 58.1-609.12 of the Code of Virginia, relating to the Department of Taxation; reports on sales and use tax exemptions.

18100355D

Summary as introduced:
Department of Taxation; reports on sales and use tax exemptions. Requires the Department of Taxation (the Department) to report annually to the Chairmen of the House Committee on Appropriations and the House and Senate Committees on Finance regarding the fiscal, economic, and policy impact of each sales and use tax exemption. The review of each exemption shall be performed on a rotation basis. No exemption shall be reviewed more than once every five years, but the exemption for computer purchases for use in data centers shall be reviewed every three years. Taxpayers that purchase tax-exempt computer equipment or enabling software for use in a data center shall submit to the Department every three years a list of its exempt purchases, including purchase prices, made during the previous three taxable years.

01/08/18 Senate: Prefiled and ordered printed; offered 01/10/18 18100355D
01/08/18 Senate: Referred to Committee on Finance
02/05/18 Senate: Impact statement from TAX (SB299)
02/08/18 Senate: Continued to 2019 in Finance (16-Y 0-N)

SB 390 Taxation; makes numerous changes to the Commonwealth's tax structure.

Patron: Marsden

A BILL to amend and reenact §§ 58.1-320, 58.1-339.8, 58.1-400, 58.1-439.21, 58.1-439.26, 58.1-602, as it is currently effective and as it may become effective, 58.1-603, as it is currently effective and as it may become effective, 58.1-609.5, 58.1-611.1, 58.1-612, 58.1-623, 58.1-901, 58.1-902, 58.1-905, 58.1-1001, 58.1-1021.02, 58.1-3819, 58.1-3819.1, 58.1-3820, 58.1-3821, 58.1-3823, 58.1-3824, 58.1-3825, 58.1-3825.2,58.1-3825.3, 58.1-3826, 58.1-3842, and 58.1-3843 of the Code of Virginia and to amend the Code of Virginia by adding in Article 6 of Chapter 38 of Title 58.1 a section numbered 58.1-3818.8, relating to taxation in the Commonwealth.

18101132D

Summary as introduced:
Taxation in the Commonwealth. Makes numerous changes to the Commonwealth's tax structure. The bill creates two new income brackets for the calculation of individual income taxes and lowers the corporate income tax rate. The tax credit for low-income taxpayers would become refundable, and taxpayers would be prohibited from using the same donation to both receive certain tax credits and take a charitable deduction. The bill reinstates the estate tax. The state sales tax on food would be eliminated, and sales tax would be imposed on certain services and digital products. The transient occupancy tax would be imposed on the entire cost of the use or possession of the room. The tobacco tax would be raised.

01/09/18 Senate: Prefiled and ordered printed; offered 01/10/18 18101132D
01/09/18 Senate: Referred to Committee on Finance
01/28/18 Senate: Impact statement from TAX (SB390)
01/31/18 Senate: Committee amendments
01/31/18 Senate: Passed by indefinitely in Finance with letter (15-Y 0-N)

SB 573 Green job creation tax credit; extends sunset provision through taxable year 2020.

Patron: Hanger

A BILL to amend and reenact § 58.1-439.12:05 of the Code of Virginia, relating to green job creation tax credit; extends sunset provision.

18103208D

Summary as introduced:
Green job creation tax credit; extends sunset provision. Extends through taxable year 2020 the sunset date for the green job creation tax credit. Under current law, the credit expires for taxable years beginning on January 1, 2018.

02/02/18 Senate: Read second time and engrossed
02/05/18 Senate: Read third time and passed Senate (37-Y 3-N)
02/08/18 House: Placed on Calendar
02/08/18 House: Read first time
02/08/18 House: Referred to Committee on Finance

Counts: HB: 9 SB: 6


Technology Law/Computer Crimes/Privacy
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HB 1 FOIA; prohibited access to directory information.

Patrons: Wilt, Bell, Robert B., Cole, Collins, Cox, Edmunds, Fariss, Freitas, Garrett, Gilbert, Ingram, Jones, S.C., Knight, Landes, LaRock, Marshall, McGuire, O'Quinn, Pogge, Poindexter, Stolle, Webert and Wright

A BILL to amend and reenact §§ 22.1-287, 22.1-287.1, and 23.1-405 of the Code of Virginia, relating to scholastic records; directory information.

18106647D

Summary as passed House:

Public schools; release of scholastic records; directory information. Clarifies that student directory information may be publicly released by school personnel if the school has given notice to the parent, legal guardian, or eligible student of (i) the types of information that the school has designated as directory information; (ii) the right of the parent, legal guardian, or eligible student to refuse the designation of any or all of the types of information about the student as directory information; and (iii) the period of time within which a parent, legal guardian, or eligible student must notify the school in writing that he does not want any or all of the types of information about the student designated as directory information. The bill also provides, however, that except as provided otherwise by federal law or regulation, a school shall not release the address, phone number, or email address of a student unless the parent, legal guardian, or eligible student has affirmatively consented in writing to the designation of any or all of such information as directory information.

02/06/18 House: Engrossed by House - floor substitute HB1H2
02/07/18 House: Read third time and passed House (62-Y 35-N)
02/07/18 House: VOTE: PASSAGE (62-Y 35-N)
02/08/18 Senate: Constitutional reading dispensed
02/08/18 Senate: Referred to Committee on Education and Health

HB 147 FOIA; scholastic records, student handheld mobile telephone, etc.

Patrons: Hurst, Roem, Adams, D.M., Ayala, Boysko, Delaney, Gooditis, Kory, Lindsey, Lopez, Murphy, Plum, Rasoul, Simon, Tyler and Watts; Senators: Edwards and Spruill

A BILL to amend and reenact § 2.2-3705.4 of the Code of Virginia, relating to the Virginia Freedom of Information Act; scholastic records; student handheld mobile telephone numbers and student personal email addresses.

18102097D

Summary as introduced:
Virginia Freedom of Information Act; scholastic records; student handheld mobile telephone numbers and student personal email addresses. Excludes student handheld mobile telephone numbers and student personal email addresses contained in student directories or other scholastic records from the mandatory disclosure provisions of the Virginia Freedom of Information Act.

12/19/17 House: Prefiled and ordered printed; offered 01/10/18 18102097D
12/19/17 House: Referred to Committee on General Laws
01/17/18 House: Impact statement from DPB (HB147)
01/19/18 House: Assigned GL sub: Subcommittee #4
01/30/18 House: Subcommittee recommends passing by indefinitely (5-Y 3-N)

HB 183 Income tax return; notification of data breach, taxpayer identity information.

Patrons: Ayala, Adams, D.M., Boysko, Carr, Cole, Delaney, Herring, Hope, Hurst, Levine, Lindsey, Lopez, Murphy, Plum, Rasoul, Rodman, Roem, Simon, Turpin and Watts

 A BILL to amend the Code of Virginia by adding a section numbered 58.1-341.2, relating to notification of tax return data breach.

18105269D

Summary as introduced:
Notification of tax return data breach. Requires paid income tax return preparers to notify the Department of Taxation within a reasonable time period if they discover that an unauthorized person has accessed a taxpayer's return information. The bill defines return information and provides that it does not include publicly available information.

02/09/18 House: Committee substitute printed 18105269D-H1
02/10/18 House: Read first time
02/12/18 House: Read second time
02/12/18 House: Committee substitute agreed to 18105269D-H1
02/12/18 House: Engrossed by House - committee substitute HB183H1

HB 258 Computer trespass; penalty.

Patrons: Bell, John J. and Krizek

A BILL to amend and reenact § 18.2-152.4 of the Code of Virginia, relating to computer trespass; penalty.

18101313D

Summary as introduced:
Computer trespass; penalty. Expands the crime of computer trespass to provide that the prohibited actions that constitute computer trespass are criminalized if done through intentionally deceptive means and without authority. The bill specifies that a computer user is not required to be given notice of the activities of a computer hardware or software provider, an interactive computer service, or a telecommunications or cable operator that are required or authorized by law or that such user should expect may occur in the context of the user's transaction or relationship with that entity.

01/02/18 House: Prefiled and ordered printed; offered 01/10/18 18101313D
01/02/18 House: Referred to Committee for Courts of Justice
01/03/18 House: Impact statement from VCSC (HB258)
01/16/18 House: Assigned Courts sub: Subcommittee #1
01/17/18 House: Subcommittee recommends passing by indefinitely (5-Y 3-N)

HB 279 RICO Act; computer crimes, penalty.

Patrons: Bell, John J. and Krizek

A BILL to amend and reenact § 18.2-513 of the Code of Virginia, relating to the Virginia Racketeer Influenced and Corrupt Organization (RICO) Act; computer crimes; penalty.

18101312D

Summary as introduced:
RICO Act; computer crimes; penalty. Adds certain felony offenses contained in the Virginia Computer Crimes Act as qualifying offenses under the Virginia Racketeer Influenced and Corrupt Organization (RICO) Act. Such crimes include computer fraud, transmission of unsolicited commercial electronic mail, computer trespass, computer invasion of privacy, using a computer to gather identifying information, and theft of computer services.

01/03/18 House: Prefiled and ordered printed; offered 01/10/18 18101312D
01/03/18 House: Impact statement from VCSC (HB279)
01/03/18 House: Referred to Committee for Courts of Justice
02/08/18 House: Impact statement from DPB (HB279)

HB 604 Telecommunications; warrant requirement for records.

Patron: Carr

A BILL to amend and reenact §§ 19.2-10.2, 19.2-56, and 19.2-70.3 of the Code of Virginia, relating to warrant requirement for telecommunications records; location data.

18103489D

Summary as introduced:
Warrant requirement for telecommunications records; location data. Provides that a provider of electronic communication service or remote computing service shall not disclose location data to an investigative or law-enforcement officer except pursuant to a search warrant. Currently, a warrant is required for the disclosure of real-time location data. The current exceptions for obtaining real-time location data without a warrant in certain emergency situations are retained.

01/08/18 House: Prefiled and ordered printed; offered 01/10/18 18103489D
01/08/18 House: Referred to Committee for Courts of Justice
01/16/18 House: Assigned Courts sub: Subcommittee #1
01/19/18 House: Subcommittee recommends passing by indefinitely (8-Y 0-N)

HB 638 Trespass; electronic device, penalty.

Patrons: Collins and Mullin

A BILL to amend and reenact § 15.2-926.3 of the Code of Virginia, to amend the Code of Virginia by adding a section numbered 18.2-121.3 and by adding in Article 8 of Chapter 7 of Title 18.2 a section numbered 18.2-324.2, and to repeal the second enactment of Chapter 451 of the Acts of Assembly of 2016, relating to trespass; electronic device; penalty.

18106649D

Summary as passed House:

Trespass; electronic device; penalty. Provides that any person who knowingly and intentionally causes any electronic device to enter the property of another and come within 50 feet of a dwelling house (i) to coerce, intimidate, or harass another person or (ii) after having been given notice to desist, for any other reason is guilty of a Class 1 misdemeanor. The bill also provides that anyone who is required to register with the Sex Offender and Crimes Against Minors Registry who uses or operates an unmanned aircraft system to knowingly and intentionally follow, contact, or capture images of another person is guilty of a Class 1 misdemeanor. Additionally, any respondent of a permanent protective order who uses or operates an unmanned aircraft system to knowingly and intentionally follow, contact, or capture images of any individual named in the protective order is guilty of a Class 1 misdemeanor. The bill also repeals the expiration of the prohibition on local regulation of privately owned, unmanned aircraft systems and clarifies that such prohibition extends to all political subdivisions and not only to localities.

02/08/18 House: Engrossed by House - committee substitute HB638H1
02/09/18 House: Read third time and passed House (80-Y 19-N)
02/09/18 House: VOTE: PASSAGE (80-Y 19-N)
02/12/18 Senate: Constitutional reading dispensed
02/12/18 Senate: Referred to Committee for Courts of Justice

HB 679 Breach of personal information notification; defines unreasonable delay.

Patron: Pogge

A BILL to amend and reenact § 18.2-186.6 of the Code of Virginia, relating to breach of personal information notification; unreasonable delay.

18101953D

Summary as introduced:
Breach of personal information notification; unreasonable delay. Defines the term "unreasonable delay" as a period not to exceed 30 days for purposes of the disclosure requirements imposed upon a person or entity that owns or licenses computerized data that includes personal information when there is a security breach involving such information. Currently, the term is undefined.

01/09/18 House: Prefiled and ordered printed; offered 01/10/18 18101953D
01/09/18 House: Referred to Committee for Courts of Justice
01/16/18 House: Assigned Courts sub: Subcommittee #2
01/16/18 House: Impact statement from DPB (HB679)
01/17/18 House: Subcommittee recommends laying on the table (8-Y 0-N)

HB 911 Automatic renewal offers and continuous service offers; penalties.

Patron: Simon

A BILL to amend and reenact § 59.1-200 of the Code of Virginia and to amend the Code of Virginia by adding in Title 59.1 a chapter numbered 17.8, consisting of sections numbered 59.1-207.45 through 59.1-207.49, relating to automatic renewal offers and continuous service offers; charging accounts for ongoing shipments of a product or ongoing deliveries of a service; penalties.

18100614D

Summary as introduced:
Automatic renewal offers and continuous service offers; penalties. Prohibits a supplier making an automatic renewal or continuous service offer to a consumer in the Commonwealth from (i) failing to present the automatic renewal or continuous service offer terms in a clear and conspicuous manner, (ii) charging the consumer for an automatic renewal or continuous service without first obtaining the consumer's affirmative consent, and (iii) failing to provide an acknowledgment that includes the automatic renewal or continuous service offer terms, cancellation policy, and information regarding how to cancel in a manner that is capable of being retained by the consumer. In the case of a material change in the terms of the automatic renewal or continuous service offer, the bill would require the supplier to provide the consumer with a clear and conspicuous notice of the material change and information regarding how to cancel. The measure provides that in any case in which a supplier sends any goods, wares, merchandise, or products to a consumer under a continuous service agreement or automatic renewal of a purchase without first obtaining the consumer's affirmative consent, the goods, wares, merchandise, or products shall for all purposes be deemed an unconditional gift to the consumer. The bill exempts certain services and businesses from its provisions. A violation is a prohibited practice under the Virginia Consumer Protection Act. The measure has a delayed effective date of January 1, 2019.

01/30/18 House: Assigned C & L sub: Subcommittee #3
02/06/18 House: Subcommittee recommends reporting (5-Y 1-N)
02/08/18 House: Reported from Commerce and Labor (20-Y 1-N)
02/10/18 House: Read first time
02/12/18 House: Read second time and engrossed

HB 1317 Computer crimes; adds various crimes for which attorneys may issue administrative subpoenas.

Patron: Morefield

A BILL to amend and reenact § 19.2-10.2 of the Code of Virginia, relating to administrative subpoena for electronic communication service or remote computing service records; certain offenses.

18104263D

Summary as introduced:
Administrative subpoena for electronic communication service or remote computing service records; certain offenses. Adds various computer crimes to the list of crimes for which attorneys for the Commonwealth have the authority to issue administrative subpoenas to obtain records and other information from electronic communication service and remote computing service providers if relevant to a legitimate law-enforcement investigation.

01/10/18 House: Presented and ordered printed 18104263D
01/10/18 House: Referred to Committee for Courts of Justice
01/18/18 House: Assigned Courts sub: Subcommittee #1
01/19/18 House: Subcommittee recommends striking from docket (8-Y 0-N)

HB 1329 Government Data Collection & Dissemination Practices Act; dissemination of information.

Patrons: Tran, Rasoul and Rodman

A BILL to amend and reenact §§ 2.2-3803, 23.1-402, 37.2-712, and 66-25 of the Code of Virginia, relating to the Government Data Collection and Dissemination Practices Act; dissemination of information concerning religious preferences and affiliations.

18103412D

Summary as introduced:
Government Data Collection and Dissemination Practices Act; dissemination of information concerning religious preferences and affiliations. Prohibits any state agency maintaining an information system that includes personal information from disseminating to federal government authorities information concerning the religious preferences and affiliations of data subjects for the purpose of compiling a list, registry, or database of individuals based on religious affiliation, national origin, or ethnicity. This prohibition applies even if consent is given to disseminate such information to public institutions of higher education, state facilities under Title 37.2 (Behavioral Health and Developmental Services), and juvenile correctional facilities established pursuant to Title 66 (Juvenile Justice) or Chapter 11 (§ 16.1-226 et seq.) of Title 16.1 (Juvenile and Domestic Relations District Courts).

01/10/18 House: Presented and ordered printed 18103412D
01/10/18 House: Referred to Committee on General Laws
01/19/18 House: Assigned GL sub: Subcommittee #4
01/22/18 House: Impact statement from DPB (HB1329)
01/23/18 House: Subcommittee failed to recommend reporting (4-Y 4-N)

SB 526 Trespass; use of system in unlawful manner.

Patron: Obenshain

A BILL to amend and reenact §§ 15.2-926.3 and 19.2-60.1 of the Code of Virginia, to amend the Code of Virginia by adding in Article 8 of Chapter 7 of Title 18.2 a section numbered 18.2-324.2, and to repeal the second enactment of Chapter 451 of the Acts of Assembly of 2016, relating to harassment; unmanned aircraft system; penalty.

18106122D

Summary as passed Senate:

Harassment; unmanned aircraft system; penalty. Provides that anyone who is required to register with the Sex Offender and Crimes Against Minors Registry who uses or operates an unmanned aircraft system to knowingly and intentionally follow, contact, or capture images of another person without such person's permission is guilty of a Class 1 misdemeanor. Additionally, any respondent of a permanent protective order who uses or operates an unmanned aircraft system to knowingly and intentionally follow, contact, or capture images of any persons listed on the protective order is guilty of a Class 1 misdemeanor. The bill also repeals the expiration of the prohibition on local regulation of privately owned, unmanned aircraft systems and clarifies that such prohibition extends to all political subdivisions and not only to localities.

01/30/18 Senate: Read third time and passed Senate (39-Y 0-N)
02/05/18 House: Placed on Calendar
02/05/18 House: Read first time
02/05/18 House: Referred to Committee for Courts of Justice
02/05/18 Senate: Impact statement from DPB (SB526S2)

SB 533 Computer trespass; expands crime, monitoring location of a minor, etc., by parent or legal guardian.

Patron: Mason

A BILL to amend and reenact § 18.2-152.4 of the Code of Virginia, relating to computer trespass; penalty.

18105984D

Summary as passed Senate:

Computer trespass; penalty. Expands the crime of computer trespass to provide that the prohibited actions that constitute computer trespass are criminalized if done through intentionally deceptive means and without authority and specifies that a computer hardware or software provider, an interactive computer service, or a telecommunications or cable operator does not have to provide notice of its activities to a computer user that a reasonable computer user should expect may occur.

01/30/18 Senate: Read third time and passed Senate (39-Y 0-N)
02/05/18 House: Placed on Calendar
02/05/18 House: Read first time
02/05/18 House: Referred to Committee for Courts of Justice
02/12/18 Senate: Impact statement from DPB (SB533S1)

Counts: HB: 11 SB: 2


Transportation
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HB 384 Washington Metrorail Safety Commission Interstate Compact Board; review of Board.

Patron: Keam

A BILL to direct the Secretary of Transportation to conduct a review of the Washington Metropolitan Area Transit Authority Board of Directors membership provisions. Report.

18103775D

Summary as introduced:
Secretary of Transportation; review of Washington Metrorail Safety Commission Interstate Compact Board membership; report. Directs the Secretary of Transportation to conduct a review of the Washington Metrorail Safety Commission Interstate Compact Board membership provisions.

02/10/18 House: Read first time
02/12/18 House: Read second time
02/12/18 House: Committee amendments agreed to
02/12/18 House: Engrossed by House as amended HB384E
02/12/18 House: Printed as engrossed 18103775D-E

HB 668 Transportation funding in certain areas of the Commonwealth; price floor.

Patron: Kilgore

A BILL to amend and reenact §§ 33.2-1527, 58.1-2292, and 58.1-2295, as it is currently effective, of the Code of Virginia, relating to transportation funding in certain regions of the Commonwealth.

18104460D

Summary as introduced:
Transportation funding in certain areas of the Commonwealth; price floor. Establishes a floor on the 2.1 percent sales tax imposed on motor vehicle fuels sold in Northern Virginia and Hampton Roads. The average wholesale price of gasoline, as determined by the Commissioner of the Department of Motor Vehicles, on July 1, 2018, shall be the initial floor. If the average wholesale price rises in future determinations, the new higher average will become the floor, until such time as the average wholesale price of gasoline is determined to be equal to or greater than the average wholesale price of gasoline in the Commonwealth on February 20, 2013, which is the date of the floor used for the calculation of the state gasoline tax. After this threshold is met, the average wholesale price used for the calculation of the regional tax will be the same as the average price used to calculate the state tax. The also allocates $40 million annually from the Priority Transportation Fund, after making any required debt service payments, to each of the Salem highway construction district and the Bristol highway construction district. Of the $40 million allocated to the Bristol highway construction district, $30 million each year shall be designated for the construction and completion of U.S. Route 121, the Coalfields Expressway.

01/09/18 House: Prefiled and ordered printed; offered 01/10/18 18104460D
01/09/18 House: Referred to Committee on Rules
02/06/18 House: Stricken from docket by Rules (17-Y 0-N)

HB 830 TNC partner vehicles; interior trade dress.

Patron: Bagby

A BILL to amend and reenact § 46.2-2099.50 of the Code of Virginia, relating to TNC partner vehicles; interior trade dress.

18106526D

Summary as introduced:
TNC partner vehicles; interior trade dress. Provides that transportation network company (TNC) partner vehicles may be equipped with certain removable illuminated interior trade dress devices that assist passengers in identifying and communicating with TNC partners. The bill limits the display and color of such illuminated interior trade dress devices.

02/09/18 House: Read second time
02/09/18 House: Committee substitute agreed to 18106526D-H1
02/09/18 House: Engrossed by House - committee substitute HB830H1
02/12/18 House: Read third time and passed House BLOCK VOTE (100-Y 0-N)
02/12/18 House: VOTE: BLOCK VOTE PASSAGE (100-Y 0-N)

HB 1013 Transportation network company; discrimination.

Patrons: Simon, Levine and Sickles

A BILL to amend and reenact § 46.2-2099.48 of the Code of Virginia, relating to transportation network companies; discrimination.

18100923D

Summary as introduced:
Transportation network company; discrimination. Requires transportation network companies to adopt and enforce a policy of nondiscrimination on the basis of a passenger's race, color, national origin, religious belief or affiliation, sex, disability, age, sexual orientation, or gender identity.

01/09/18 House: Prefiled and ordered printed; offered 01/10/18 18100923D
01/09/18 House: Referred to Committee on General Laws
01/17/18 House: Impact statement from DPB (HB1013)

HB 1539 Washington Metropolitan Area Transit Authority Compact of 1966; Metro Reform Commission, members.

Patron: Hugo

A BILL to amend and reenact §§ 33.2-1907, 33.2-2400, 33.2-2401, 33.2-2509, 33.2-2510, 58.1-638, 58.1-815.4, as it is currently effective, 58.1-1741, as it is currently effective, and 58.1-1742 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 33.2-214.3 and 33.2-1526.1,by adding in Title 33.2 a chapter numbered 31.01, consisting of a section numbered 33.2-3100.1, and by adding in Title 33.2 a chapter numbered 34, consisting of sections numbered 33.2-3400 through 33.2-3402, relating to mass transit in the Commonwealth.

18107016D

Summary as introduced:

Washington Metropolitan Area Transit Authority Compact of 1966. Creates a three-person interim advisory commission whose purpose is to make recommendations to the signatories on reforms to the National Capital Interest Arbitration Standards Act. The bill directs that a $100 million appropriation be made from the General Fund.

02/12/18 House: Committee substitute from Transportation rejected 18106962D-H1
02/12/18 House: Committee substitute from Appropriations agreed to 18107016D-H2
02/12/18 House: Amendment by Delegate Hugo agreed to
02/12/18 House: Engrossed by House - committee substitute with amendment HB1539EH2
02/12/18 House: Printed as engrossed 18107016D-EH2

SB 140 Motor vehicle fuels sales tax in certain transportation districts; price floor.

Patron: Petersen

A BILL to amend and reenact §§ 58.1-2292, 58.1-2295, as it is currently effective, and 58.1-2299.20, as it is currently effective, of the Code of Virginia, relating to the motor vehicle fuels sales tax in certain areas of the Commonwealth; price floor.

18101644D

Summary as introduced:
Motor vehicle fuels sales tax in certain transportation districts; price floor. Establishes a floor on the 2.1 percent tax imposed on motor vehicle fuels sold in Northern Virginia by requiring that the average wholesale price upon which the tax is based be no less than the statewide average sales price on February 20, 2013.

12/27/17 Senate: Prefiled and ordered printed; offered 01/10/18 18101644D
12/27/17 Senate: Referred to Committee on Finance
01/31/18 Senate: Impact statement from DPB (SB140)
02/06/18 Senate: Incorporated by Finance (SB896-Wagner) (15-Y 0-N)

SB 141 Northern Virginia Transportation Authority; use of certain revenues by localities.

Patron: Petersen

A BILL to amend and reenact § 33.2-2510 of the Code of Virginia, relating to use of certain revenues by the Northern Virginia Transportation Authority.

18101659D

Summary as introduced:
Use of certain revenues by the Northern Virginia Transportation Authority. Allows revenues of the Northern Virginia Transportation Authority distributed to localities to be used, as determined solely by the applicable locality, to fund new sidewalk projects that reduce congestion.

12/27/17 Senate: Prefiled and ordered printed; offered 01/10/18 18101659D
12/27/17 Senate: Referred to Committee on Transportation
01/24/18 Senate: Continued to 2019 in Transportation (13-Y 0-N)

SB 623 Electronic Routing Registry; created.

Patron: Surovell

A BILL to amend the Code of Virginia by adding a section numbered 33.2-274.01, relating to Department of Transportation registry; Electronic Routing Registry.

18104485D

Summary as introduced:
Electronic Routing Registry. Requires the Department of Transportation to create and maintain an Electronic Routing Registry (the Registry) of highways where electronic routing of through traffic is prohibited and provides the criteria for a highway to be eligible for placement on the Registry at the request of a locality. The bill requires that a digital routing provider remove a highway placed on the Registry from its routing algorithms within six months of such placement and provides that any digital routing provider who violates such requirement is subject to a $500 civil penalty for each day it is in violation.

01/10/18 Senate: Prefiled and ordered printed; offered 01/10/18 18104485D
01/10/18 Senate: Referred to Committee on Transportation
01/31/18 Senate: Committee amendments
01/31/18 Senate: Failed to report (defeated) in Transportation (6-Y 6-N 1-A)

SB 856 Mass transit; makes numerous changes to administration of and revenues for transit.

Patrons: Saslaw, Ebbin and Favola; Delegate: Ayala

A BILL to amend and reenact §§ 33.2-1907, 33.2-2510, 33.2-2511, 33.2-2512, 58.1-638, 58.1-802.2, 58.1-815.4, as it is currently effective, 58.1-1742, 58.1-2289, as it is currently effective, 58.1-2292, and 58.1-2295, as it is currently effective, of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 33.2-214.3, 33.2-365.1, and 33.2-1526.1, relating to mass transit in the Commonwealth; Commonwealth Transit Capital Bond Act of 2018.

18101813D

Summary as introduced:
Mass transit in the Commonwealth. Makes numerous changes to the administration of and revenues for mass transit in the Commonwealth, specifically as it relates to the membership and funding of the Washington Metropolitan Area Transit Authority, the disbursement of funds in the Commonwealth Mass Transit Fund, and the authority of the Commonwealth Transportation Board to issue bonds for transit capital. The bill sets a floor on the average price of fuel used to calculate the regional motor sales tax as the price of gas on February 20, 2013, the same floor that is used to calculate the state fuels tax. The bill also raises the regional congestion relief fee and the regional transient occupancy tax in the Northern Virginia region to raise additional revenues for mass transit.

01/17/18 Senate: Referred to Committee on Finance
02/08/18 Senate: Reported from Finance with substitute (9-Y 4-N)
02/08/18 Senate: Committee substitute printed 18106833D-S1
02/08/18 Senate: Incorporates SB393 (Barker)
02/12/18 Senate: Constitutional reading dispensed (40-Y 0-N)

SB 896 Motor vehicle fuels; sales tax in certain areas of the Commonwealth, price floor.

Patrons: Wagner, Petersen, Ebbin, Lewis and Mason

A BILL to amend and reenact §§ 58.1-2292, 58.1-2295, as it is currently effective, 58.1-2299, 58.1-2299.10, and 58.1-2299.14 of the Code of Virginia, relating to the motor vehicle fuels sales tax in certain regions of the Commonwealth; price floor.

18106063D

Summary as introduced:
Motor vehicle fuels sales tax in certain areas of the Commonwealth; price floor. Establishes a floor on the 2.1 percent sales tax imposed on motor vehicle fuels sold in Northern Virginia and Hampton Roads by requiring that the average wholesale price upon which the tax is based be no less than the statewide average wholesale price on February 20, 2013.

02/08/18 Senate: Committee substitute agreed to 18106063D-S1
02/08/18 Senate: Engrossed by Senate - committee substitute SB896S1
02/09/18 Senate: Read third time and passed Senate (26-Y 12-N)
02/09/18 Senate: Reconsideration of passage agreed to by Senate (39-Y 0-N)
02/09/18 Senate: Passed Senate (26-Y 12-N)

Counts: HB: 5 SB: 5


Unmanned Systems
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HB 342 Peeping or spying into dwelling; penalty.

Patron: Herring

A BILL to amend and reenact §§ 18.2-130 and 18.2-130.1 of the Code of Virginia, relating to peeping or spying into dwelling; penalty.

18103679D

Summary as introduced:
Peeping or spying into dwelling; penalty. Provides that a person who owns property leased to another who peeps or spies, including using an electronic device to peep or spy, into a building or other structure occupied as a dwelling under circumstances that would violate the reasonable expectation of privacy of any person lawfully present in such building or structure is guilty of a Class 1 misdemeanor. Currently, such person must violate the reasonable expectation of the occupant of such building or structure.

01/04/18 House: Prefiled and ordered printed; offered 01/10/18 18103679D
01/04/18 House: Referred to Committee for Courts of Justice
01/05/18 House: Impact statement from VCSC (HB342)
01/22/18 House: Impact statement from DPB (HB342)

HB 638 Trespass; electronic device, penalty.

Patrons: Collins and Mullin

A BILL to amend and reenact § 15.2-926.3 of the Code of Virginia, to amend the Code of Virginia by adding a section numbered 18.2-121.3 and by adding in Article 8 of Chapter 7 of Title 18.2 a section numbered 18.2-324.2, and to repeal the second enactment of Chapter 451 of the Acts of Assembly of 2016, relating to trespass; electronic device; penalty.

18106649D

Summary as passed House:

Trespass; electronic device; penalty. Provides that any person who knowingly and intentionally causes any electronic device to enter the property of another and come within 50 feet of a dwelling house (i) to coerce, intimidate, or harass another person or (ii) after having been given notice to desist, for any other reason is guilty of a Class 1 misdemeanor. The bill also provides that anyone who is required to register with the Sex Offender and Crimes Against Minors Registry who uses or operates an unmanned aircraft system to knowingly and intentionally follow, contact, or capture images of another person is guilty of a Class 1 misdemeanor. Additionally, any respondent of a permanent protective order who uses or operates an unmanned aircraft system to knowingly and intentionally follow, contact, or capture images of any individual named in the protective order is guilty of a Class 1 misdemeanor. The bill also repeals the expiration of the prohibition on local regulation of privately owned, unmanned aircraft systems and clarifies that such prohibition extends to all political subdivisions and not only to localities.

02/08/18 House: Engrossed by House - committee substitute HB638H1
02/09/18 House: Read third time and passed House (80-Y 19-N)
02/09/18 House: VOTE: PASSAGE (80-Y 19-N)
02/12/18 Senate: Constitutional reading dispensed
02/12/18 Senate: Referred to Committee for Courts of Justice

SB 186 Unmanned aircraft by a locality; search warrant, exception.

Patron: Black

A BILL to amend and reenact § 19.2-60.1 of the Code of Virginia, relating to use of unmanned aircraft by a locality; search warrant; exception.

18101447D

Summary as introduced:
Unmanned aircraft by a locality; search warrant; exception. Authorizes a state or local government department, agency, or instrumentality having jurisdiction over criminal law-enforcement or regulatory violations to utilize an unmanned aircraft system without a search warrant when such system is utilized to support any locality for a purpose other than law enforcement.

01/31/18 Senate: Read second time and engrossed
02/01/18 Senate: Read third time and passed Senate (40-Y 0-N)
02/05/18 House: Placed on Calendar
02/05/18 House: Read first time
02/05/18 House: Referred to Committee for Courts of Justice

SB 307 Unmanned aircraft systems; work group to explore issues related system activities.

Patron: Cosgrove

A BILL to amend and reenact § 5.1-1 of the Code of Virginia, relating to the Department of Aviation; unmanned aircraft systems.

18105733D

Summary as passed Senate:

Department of Aviation; unmanned aircraft systems. Directs the Department of Aviation to convene a work group with stakeholders to explore issues related to unmanned aircraft system activities in coordination with the Federal Aviation Administration and other responsible federal agencies. The bill defines "unmanned aircraft" and "unmanned aircraft system" for application to Title 5.1 (Aviation), but such definitions shall not become effective unless reenacted by the 2019 Session of the General Assembly.

01/29/18 Senate: Engrossed by Senate - committee substitute SB307S1
01/30/18 Senate: Read third time and passed Senate (39-Y 0-N)
02/05/18 House: Placed on Calendar
02/05/18 House: Read first time
02/05/18 House: Referred to Committee for Courts of Justice

SB 526 Trespass; use of system in unlawful manner.

Patron: Obenshain

A BILL to amend and reenact §§ 15.2-926.3 and 19.2-60.1 of the Code of Virginia, to amend the Code of Virginia by adding in Article 8 of Chapter 7 of Title 18.2 a section numbered 18.2-324.2, and to repeal the second enactment of Chapter 451 of the Acts of Assembly of 2016, relating to harassment; unmanned aircraft system; penalty.

18106122D

Summary as passed Senate:

Harassment; unmanned aircraft system; penalty. Provides that anyone who is required to register with the Sex Offender and Crimes Against Minors Registry who uses or operates an unmanned aircraft system to knowingly and intentionally follow, contact, or capture images of another person without such person's permission is guilty of a Class 1 misdemeanor. Additionally, any respondent of a permanent protective order who uses or operates an unmanned aircraft system to knowingly and intentionally follow, contact, or capture images of any persons listed on the protective order is guilty of a Class 1 misdemeanor. The bill also repeals the expiration of the prohibition on local regulation of privately owned, unmanned aircraft systems and clarifies that such prohibition extends to all political subdivisions and not only to localities.

01/30/18 Senate: Read third time and passed Senate (39-Y 0-N)
02/05/18 House: Placed on Calendar
02/05/18 House: Read first time
02/05/18 House: Referred to Committee for Courts of Justice
02/05/18 Senate: Impact statement from DPB (SB526S2)

SB 800 Trespass; civil action, vicarious liability.

Patron: Reeves

A BILL to amend the Code of Virginia by adding a section numbered 8.01-40.5, relating to civil action for trespass; vicarious liability.

18104382D

Summary as introduced:
Civil action for trespass; vicarious liability. Provides that any person arrested for or convicted of criminal trespass shall be liable for any property damage caused during the commission of such trespass. The bill also provides that any person who compensates another person for such trespass may be held vicariously liable for any property damage caused during the commission of such trespass.

01/10/18 Senate: Presented and ordered printed 18104382D
01/10/18 Senate: Referred to Committee for Courts of Justice
01/24/18 Senate: Committee amendments
01/24/18 Senate: Continued to 2019 in Courts of Justice (15-Y 0-N)

SB 828 Damage or trespass to critical infrastructure or utilities; penalty.

Patron: Reeves

A BILL to amend and reenact § 18.2-162 of the Code of Virginia, relating to damage or trespass to critical infrastructure or utilities; penalty.

18104383D

Summary as introduced:
Damage or trespass to critical infrastructure or utilities; penalty. Provides that any person who intentionally destroys or damages any alumina refinery, a chemical, polymer, or rubber manufacturing facility, a transmission facility used by a federally licensed radio or television station, a steelmaking facility that uses an electric arc furnace to make steel, a facility identified and regulated by the U.S. Department of Homeland Security Chemical Facility Anti-Terrorism Standards (CFATS) program, a dam that is regulated by the Commonwealth or federal government, a port, a railroad switching yard, railroad tracks, a trucking terminal, or other freight transportation facility, or a facility that is used to furnish cellular telephone or other wireless telecommunications service, is guilty of a Class 4 felony, provided that in the event the destruction or damage may be remedied or repaired for $200 or less such act shall constitute a Class 3 misdemeanor.

01/24/18 Senate: Reported from Courts of Justice with substitute (15-Y 0-N)
01/24/18 Senate: Committee substitute printed 18105983D-S1
01/24/18 Senate: Rereferred to Finance
01/26/18 Senate: Impact statement from VCSC (SB828S1)
01/31/18 Senate: Passed by indefinitely in Finance (16-Y 0-N)

Counts: HB: 2 SB: 5


Virginia Government
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HB 238 State Corporation Commission; electronic registration system.

Patron: Kilgore

A BILL to amend and reenact § 2 of Chapter 311 of the Acts of Assembly of 2014, relating to the duties of the Clerk of the State Corporation Commission; electronic registration system.

18101900D

Summary as introduced:
State Corporation Commission; electronic registration system. Extends the date, from July 1, 2018, to January 1, 2020, after which the State Corporation Commission is required to limit the users who will be able to submit data and documents on behalf of a business entity. The users who will be eligible to use the system after that date are those (i) who have been designated to make the submission on behalf of the business entity and (ii) whose identity has been established satisfactorily through a verification process. The measure also deletes a reference to the Commission's registration system as "eFile."

01/19/18 House: Read second time and engrossed
01/22/18 House: Read third time and passed House BLOCK VOTE (99-Y 0-N)
01/22/18 House: VOTE: BLOCK VOTE PASSAGE (99-Y 0-N)
01/23/18 Senate: Constitutional reading dispensed
01/23/18 Senate: Referred to Committee on Commerce and Labor

HB 549 State agency; legislation requiring an agency to adopt regulations.

Patron: Freitas

A BILL to amend the Code of Virginia by adding a section numbered 30-19.03:1.3, relating to state agency regulations; legislation requiring a state agency to adopt regulations that are likely to have a significant adverse economic impact.

18102006D

Summary as introduced:
State agency regulations; legislation requiring a state agency to adopt regulations that are likely to have a significant adverse economic impact. Provides that no bill that directly or indirectly requires a state agency to adopt new or to amend existing regulations that are likely to have a significant adverse economic impact shall be considered by the General Assembly unless the bill contains a second or final enactment clause (i) directing the state agency to develop proposed regulatory requirements by December 1 of the year in which the bill is introduced and (ii) providing that the first enactment of the bill that would directly or indirectly require the state agency to adopt new or to amend existing regulations shall not become effective unless reenacted by the following year's session of the General Assembly. The bill requires the General Assembly to thereafter reconsider the bill during the following year's session of the General Assembly along with and in light of the proposed regulatory requirements developed and put forth by the state agency. The bill defines "significant adverse economic impact" to mean that the estimated cost to citizens, professions, trades, or occupations to comply with the regulations is in excess of $500. The bill provides that determination of whether regulations are likely to have a significant adverse economic impact shall be made by the Joint Legislative Audit and Review Commission.

01/08/18 House: Prefiled and ordered printed; offered 01/10/18 18102006D
01/08/18 House: Referred to Committee on Rules
01/22/18 House: Impact statement from DPB (HB549)
01/26/18 House: Passed by indefinitely in Rules (16-Y 0-N)

HB 642 Legal notices; online publications.

Patron: Hope

A BILL to amend and reenact § 8.01-324 of the Code of Virginia, relating to legal notices; online publications.

18100184D

Summary as introduced:
Legal notices; online publications. Provides that, where any ordinance, resolution, notice, or advertisement is required by law to be published in a newspaper, such ordinance, resolution, notice, or advertisement may instead be published in an online publication. The bill further specifies the requirements for such online publication.

01/09/18 House: Prefiled and ordered printed; offered 01/10/18 18100184D
01/09/18 House: Referred to Committee for Courts of Justice
01/16/18 House: Assigned Courts sub: Subcommittee #3
01/29/18 House: Subcommittee recommends passing by indefinitely (5-Y 3-N)

HB 764 Consortium Comprehensive Cancer Center Advisory Board; established, report.

Patron: Jones, S.C.

A BILL to amend the Code of Virginia by adding in Chapter 31 of Title 23.1 an article numbered 10, consisting of sections numbered 23.1-3139 through 23.1-3144, relating to the establishment of the Consortium Comprehensive Cancer Center Advisory Board.

18106056D

Summary as introduced:
Consortium Comprehensive Cancer Center Advisory Board established. Establishes as an independent advisory board in state government an 11-member Consortium Comprehensive Cancer Center Advisory Board, consisting of the President of Virginia Commonwealth University or his designee, the Vice President for Health Sciences at Virginia Commonwealth University or his designee, the President of the University of Virginia or his designee, the Executive Vice President for Health Affairs at the University of Virginia or his designee, one representative of Eastern Virginia Medical School, one representative of Virginia Tech Carilion School of Medicine and Research Institute, and five other nonlegislative citizen members, to study the requirements for designation as a consortium Comprehensive Cancer Center by the National Cancer Institute and make recommendations to Virginia Commonwealth University and the University of Virginia relating to the process for establishing a joint National Cancer Institute-designated consortium Comprehensive Cancer Center, including recommendations relating to a joint leadership structure, research integration, and programmatic integration. The provisions of the bill sunset on July 1, 2021.

02/09/18 House: Committee substitute printed 18106056D-H1
02/10/18 House: Read first time
02/12/18 House: Read second time
02/12/18 House: Committee substitute agreed to 18106056D-H1
02/12/18 House: Engrossed by House - committee substitute HB764H1

HB 781 Virginia Open Data Initiative Act; created, report.

Patron: Keam

A BILL to amend the Code of Virginia by adding in Title 2.2 a chapter numbered 37.1, consisting of sections numbered 2.2-3715 through 2.2-3721, relating to Virginia Open Data Initiative Act.

18104653D

Summary as introduced:
Virginia Open Data Initiative Act. Creates the Virginia Open Data Initiative Act to increase public awareness of and access to the data created by and available from state agencies. The bill provides for appointment by the Governor of a Chief Data Officer to maintain the official website of the Commonwealth of Virginia as a dedicated open data website. The bill requires the Chief Data Officer to oversee the establishment of procedures, standards, and best practices regarding the appropriate access and presentation of open data and datasets by each agency, including the development of a dataset format standard and ensuring that the datasets are accessible in a nonproprietary, machine-readable format that is compliant with state and federal law. The bill also provides for the Chief Data Officer to submit by December 31, 2019, a written report to the Governor and the General Assembly consisting of (i) the progress made on the implementation of the provisions of the bill, (ii) the effectiveness in providing open data and datasets to the public and among agencies, and (iii) the feasibility of expanding the open data initiative to the legislative and judicial branches of government.

01/09/18 House: Prefiled and ordered printed; offered 01/10/18 18104653D
01/09/18 House: Referred to Committee on Science and Technology
01/31/18 House: Impact statement from DPB (HB781)
02/05/18 House: Stricken from docket by Science and Technology (22-Y 0-N)

HB 816 Governor's Secretaries; reporting substance abuse data and information.

Patron: Hope

A BILL to amend and reenact § 2.2-200 of the Code of Virginia, relating to Governor's Secretaries; reporting substance abuse data and information.

18104436D

Summary as introduced:
Governor's Secretaries; reporting substance abuse data and information. Requires every Secretary to identify an agency within his secretariat to receive such data and information related to substance abuse as the Secretary may specify and requires every agency in a secretariat to report such data and information to the identified agency.

01/30/18 House: Subcommittee recommends reporting with amendments (10-Y 0-N)
02/01/18 House: Reported from Health, Welfare and Institutions with amendments (21-Y 0-N)
02/01/18 House: Referred to Committee on Appropriations
02/02/18 House: Assigned App. sub: Health & Human Resources
02/09/18 House: Subcommittee recommends laying on the table (5-Y 3-N)

HB 883 Regulatory reduction pilot program; Department of Planning and Budget to implement, report.

Patrons: Webert, Cline, Head, Keam, Adams, D.M., Adams, L.R., Bourne, Brewer, Byron, Campbell, Cole, Collins, Cox, Davis, Fowler, Freitas, Garrett, Helsel, Heretick, Ingram, James, Jones, J.C., Jones, S.C., Kilgore, Krizek, Landes, LaRock, Leftwich, Marshall, McGuire, Miyares, O'Quinn, Orrock, Peace, Pillion, Pogge, Poindexter, Rasoul, Robinson, Rodman, Stolle, Thomas, VanValkenburg, Ware, Wilt, Wright and Yancey

A BILL to direct the Department of Planning and Budget to implement a regulatory reduction pilot program.

18106617D

Summary as passed House:

Department of Planning and Budget; regulatory reduction pilot program; report. Directs the Department of Planning and Budget (the Department), under the supervision of the Secretary of Finance (the Secretary), to administer a three-year regulatory reduction pilot program aimed at reducing by 25 percent the regulations and regulatory requirements, as defined in the bill, of the Department of Professional and Occupational Regulation and the Department of Criminal Justice Services by July 1, 2021. The bill requires the Secretary to report annually to the Speaker of the House and the Chairman of the Senate Rules Committee no later than October 1, 2019, and October 1, 2020, on the progress of the regulatory reduction pilot program. The bill also requires the Secretary to report by August 15, 2021, to the Speaker of the House and the Chairman of the Senate Rules Committee (i) the progress towards identifying the 25 percent reduction goal, (ii) recommendations for expanding the program to other agencies, and (iii) any additional information the Secretary determines may be helpful to support the General Assembly's regulatory reduction and reform efforts. The bill provides that if, by October 1, 2021, the program has achieved less than a 25 percent total reduction in regulations and regulatory requirements across both pilot agencies, the Secretary shall report on the feasibility and effectiveness of implementing a 2-for-1 regulatory budget providing that for every one new regulatory requirement, two existing regulatory requirements of equivalent or greater burden must be streamlined, repealed, or replaced for a period not to exceed three years. Lastly, the bill directs all executive branch agencies subject to the Administrative Process Act (§ 2.2-4000 et seq.) to develop a baseline regulatory catalog and report such catalog data to the Department, which shall then track and report on the extent to which agencies comply with existing requirements to periodically review all regulations every four years.

02/09/18 House: Read second time
02/09/18 House: Committee substitute agreed to 18106617D-H1
02/09/18 House: Engrossed by House - committee substitute HB883H1
02/12/18 House: Read third time and passed House (96-Y 3-N)
02/12/18 House: VOTE: PASSAGE (96-Y 3-N)

HB 946 Energy and Environment, Virginia Commission on; established, report.

Patron: Lopez

A BILL to amend the Code of Virginia by adding in Title 30 a chapter numbered 60, consisting of sections numbered 30-376 through 30-383, relating to the Virginia Commission on Energy and Environment.

18101630D

Summary as introduced:
Virginia Commission on Energy and Environment. Establishes the Virginia Commission on Energy and Environment as a legislative commission to review and recommend steps to implement the Virginia Energy Plan. The Commission is charged, among other things, with the power and duty to (i) undertake studies and gather information and data; (ii) make recommendations as may be necessary to accomplish its purposes as set forth in the legislation; (iii) make special studies of and reports on measures to secure Virginia's energy future; (iv) establish advisory committees composed of persons with special expertise not represented by individuals serving on the Commission; (v) seek, accept, and expend gifts, grants, or donations to enable the Commission to carry out its objectives; (vi) review and make recommendations on legislation affecting energy policy to the General Assembly; and (vii) report annually on its activities during the preceding year to the Governor and the General Assembly.

01/09/18 House: Prefiled and ordered printed; offered 01/10/18 18101630D
01/09/18 House: Referred to Committee on Rules
01/19/18 House: Assigned Rules sub: Subcommittee #1
01/26/18 House: Impact statement from DPB (HB946)
02/01/18 House: Subcommittee recommends passing by indefinitely (4-Y 3-N)

HB 999 Telework Promotion & Broadband Assistance, Office of, & Broadband Advisory Council; expiration.

Patrons: Byron, Boysko, Gooditis, Hugo, Kilgore and Landes

A BILL to amend and reenact the second enactment of Chapter 444 of the Acts of Assembly of 2008 and to amend and reenact the third enactment of Chapter 818 and the third enactment of Chapter 852 of the Acts of Assembly of 2009, relating to the Office of Telework Promotion and Broadband Assistance and the Broadband Advisory Council; expiration.

18104596D

Summary as introduced:
Office of Telework Promotion and Broadband Assistance; Broadband Advisory Council; expiration. Extends the expiration of the Office of Telework Promotion and Broadband Assistance and the Broadband Advisory Council from July 1, 2018, to July 1, 2028.

02/01/18 House: Read second time and engrossed
02/02/18 House: Read third time and passed House (98-Y 0-N)
02/02/18 House: VOTE: PASSAGE (98-Y 0-N)
02/05/18 Senate: Constitutional reading dispensed
02/05/18 Senate: Referred to Committee on Commerce and Labor

HB 1006 Labor market information; transfer of administration from Virginia Employment Commission.

Patrons: Byron and Robinson

A BILL to amend and reenact §§ 2.2-2472, as it is currently effective and as it may become effective, and 60.2-113 of the Code of Virginia, relating to the transfer of labor market information research studies, programs, and operations from the Virginia Employment Commission to the Virginia Board of Workforce Development.

18106106D

Summary as passed House:

Labor market information; Virginia Board of Workforce Development.  Requires the Virginia Board of Workforce Development (Board) to advise and oversee the development of a strategic workforce dashboard and tools that will provide information on issues state and regional labor market conditions, the relationship between the supply and demand for workers, workforce program outcomes, and projected employment growth or decline. The measure also directs the Board, with support from the Virginia Employment Commission (VEC), to determine and publish a list of jobs, trades, and professions for which high demand for qualified workers exists or is projected. The measure deletes a provision requiring the VEC to determine and publish such a list of jobs, trades, and professions.

02/05/18 House: Read third time and passed House BLOCK VOTE (98-Y 0-N)
02/05/18 House: VOTE: BLOCK VOTE PASSAGE (98-Y 0-N)
02/06/18 Senate: Constitutional reading dispensed
02/06/18 Senate: Referred to Committee on General Laws and Technology
02/12/18 House: Impact statement from DPB (HB1006H1)

HB 1192 Administrative Process Act; development and periodic review of regulations, report.

Patron: Cline

A BILL to amend and reenact §§ 2.2-4007.1 of the Code of Virginia and to amend the Code of Virginia by adding in Article 2 of Chapter 40 of Title 2.2 sections numbered 2.2-4005.1 and 2.2-4017.1, and to repeal § 2.2-4017 of the Code of Virginia, relating to the Administrative Process Act; development and periodic review of regulations; report.

18102990D

Summary as introduced:
Administrative Process Act; development and periodic review of regulations; report. Requires all executive branch agencies to develop regulations in the least burdensome and intrusive manner possible and provides guiding principles for the development, adoption, and repeal of regulations. The bill also requires each agency to establish a schedule for the review of all regulations for which the agency is the primary responsible agency. The schedule shall encompass a 10-year period and provide for the annual review of at least 10 percent of an agency's regulations by July 1 of each year. Under the bill, the Governor will submit an annual report containing the findings of the regulation reviews by August 1 of each year to the Chairmen of the standing committees of the House of Delegates and the Senate.

01/10/18 House: Prefiled and ordered printed; offered 01/10/18 18102990D
01/10/18 House: Referred to Committee on General Laws
01/29/18 House: Impact statement from DPB (HB1192)

HB 1221 Virginia Information Technologies Agency; additional duties of CIO, cybersecurity review.

Patrons: Thomas, Ayala, Brewer, Helsel and McGuire

A BILL to amend and reenact § 2.2-2009 of the Code of Virginia, relating to the Virginia Information Technologies Agency; additional duties of CIO; cybersecurity review.

18103358D

Summary as introduced:
Virginia Information Technologies Agency; additional duties of CIO; cybersecurity review. Requires the Chief Information Officer of the Virginia Information Technologies Agency to (i) conduct an annual comprehensive review of cybersecurity policies of every executive branch agency, with a particular focus on breaches in information technology that occurred in the reviewable year and any steps taken by agencies to strengthen cybersecurity measures, and (ii) issue a report of his findings to the Chairmen of the House Committee on Appropriations and the Senate Committee on Finance.

02/08/18 House: Impact statement from DPB (HB1221E)
02/09/18 House: Read third time and passed House (98-Y 0-N)
02/09/18 House: VOTE: PASSAGE (98-Y 0-N)
02/12/18 Senate: Constitutional reading dispensed
02/12/18 Senate: Referred to Committee on General Laws and Technology

HB 1269 Electronic Identity Management Act; federated digital identity systems.

Patrons: Levine and Murphy

A BILL to amend and reenact §§ 59.1-550 through 59.1-553 and 59.1-555 of the Code of Virginia, relating to the Electronic Identity Management Act; federated digital identity systems.

18101539D

Summary as introduced:
Electronic Identity Management Act; federated digital identity systems. Amends the Electronic Identity Management Act to accommodate federated digital identity systems. A federated digital identity system (federation) is defined in the measure as a digital identity system that uses federated identity management to enable the portability of identity information across otherwise autonomous security domains. Federated identity management is defined in the measure as a process that allows the conveyance of identity credentials and authentication information across digital identity systems through the use of a common set of policies, practices, and protocols for managing the identity of users and devices across security domains. The digital identity systems involved in a federation are required to be compliant with the Commonwealth's identity management standards and with the provisions of the governing identity trust framework.

01/10/18 House: Prefiled and ordered printed; offered 01/10/18 18101539D
01/10/18 House: Referred to Committee on Commerce and Labor
01/15/18 House: Impact statement from DPB (HB1269)
01/18/18 House: Assigned C & L sub: Subcommittee #2
02/06/18 House: Subcommittee failed to recommend reporting (2-Y 5-N)

HB 1270 Regional Greenhouse Gas Initiative; prohibition on participation by Commonwealth.

Patrons: Poindexter, Helsel, Kilgore, LaRock, McGuire, O'Quinn, Thomas and Wright

A BILL to amend the Code of Virginia by adding a section numbered 10.1-1184.1, relating to Regional Greenhouse Gas Initiative; prohibition on participation by Commonwealth.

18103053D

Summary as introduced:
Regional Greenhouse Gas Initiative; prohibition on participation by Commonwealth. Prohibits the Governor or any state agency from adopting any regulation establishing a carbon dioxide cap-and-trade program or bringing about the participation by the Commonwealth in a regional market for the trading of carbon dioxide allowances. The bill provides that the Commonwealth shall be allowed to participate in such a cap-and-trade program if the House of Delegates and the Senate of Virginia each adopt a resolution that specifically references and approves the regulatory text proposed for adoption by a state agency.

02/07/18 House: Impact statement from DPB (HB1270)
02/07/18 House: Read third time and passed House (51-Y 47-N)
02/07/18 House: VOTE: PASSAGE (51-Y 47-N)
02/08/18 Senate: Constitutional reading dispensed
02/08/18 Senate: Referred to Committee on Commerce and Labor

HB 1277 Government Data Collection and Dissemination Practices Act; sharing and dissemination of data.

Patron: Garrett

A BILL to amend and reenact §§ 2.2-3800, 2.2-3801, and 2.2-3803 of the Code of Virginia, relating to the Government Data Collection and Dissemination Practices Act; sharing and dissemination of data.

18103494D

Summary as introduced:
Government Data Collection and Dissemination Practices Act; sharing and dissemination of data. Amends the Government Data Collection and Dissemination Practices Act (§ 2.2-3800 et seq.) to facilitate the sharing of data among agencies of the Commonwealth and between the Commonwealth and political subdivisions.

01/30/18 House: Read second time and engrossed
01/31/18 House: Read third time and passed House BLOCK VOTE (99-Y 0-N)
01/31/18 House: VOTE: BLOCK VOTE PASSAGE (99-Y 0-N)
02/01/18 Senate: Constitutional reading dispensed
02/01/18 Senate: Referred to Committee on General Laws and Technology

HB 1358 Commonwealth's Development Opportunity Fund; criteria for awarding grants and loans.

Patron: Aird

A BILL to amend and reenact § 2.2-115 of the Code of Virginia, relating to the Commonwealth's Development Opportunity Fund; criteria for awarding grants and loans.

18103462D

Summary as introduced:
Commonwealth's Development Opportunity Fund; criteria for awarding grants and loans. Changes the criteria for awarding funds from the Commonwealth's Development Opportunity Fund (the Fund) to include a fiscally stressed locality with an above average or high score as evidenced by the Commission on Local Government Fiscal Stress Index. The bill awards no less than one-third of the moneys appropriated to the Fund in every five-year period to counties and cities that apply for funding and are experiencing above average or high fiscal stress as evidenced by the Commission on Local Government Fiscal Stress Index. Currently, the law awards one-third of the moneys appropriated to the Fund in every five-year period based on unemployment rates of cities and counties.

01/11/18 House: Presented and ordered printed 18103462D
01/11/18 House: Referred to Committee on Appropriations
01/19/18 House: Assigned App. sub: Commerce, Agriculture, Natural Resources & Technology
02/01/18 House: Impact statement from DPB (HB1358)
02/07/18 House: Subcommittee recommends striking from docket (8-Y 0-N)

HB 1582 Commonwealth Data Trust Advisory Council; established, sunset provision.

Patron: Boysko

A BILL to amend the Code of Virginia by adding in Chapter 26 of Title 2.2 an article numbered 36, consisting of sections numbered 2.2-2699.8 and 2.2-2699.9, relating to Commonwealth Data Trust.

18105416D

Summary as introduced:
Commonwealth Data Trust Advisory Council. Establishes the Commonwealth Data Trust Advisory Council (Council), consisting of 16 members. The purpose of the Council shall be to advise the Governor on policy and funding priorities to expedite deployment of data analytics to inform policies in communities throughout the Commonwealth. The provisions of the bill expire on July 1, 2028.

01/19/18 House: Presented and ordered printed 18105416D
01/19/18 House: Referred to Committee on Science and Technology
02/05/18 House: Stricken from docket by Science and Technology (22-Y 0-N)

HB 1583 Commonwealth Broadband Chief Advisor; establishes position.

Patrons: Byron, Gooditis, Ransone, Reid and Rush

A BILL to amend the Code of Virginia by adding a section numbered 2.2-205.2, relating to the Commonwealth Broadband Chief Advisor.

18107017D

Summary as introduced:
Commonwealth Broadband Chief Advisor. Establishes the position of Commonwealth Broadband Chief Advisor (Chief Advisor) within the Office of the Secretary of Commerce and Trade to serve as Virginia's single point of contact and integration for broadband issues, efforts, and initiatives and to increase the availability and affordability of broadband throughout all regions of the Commonwealth. The bill creates the 15-member Advisory Board for the purpose of providing direction for the Chief Advisor and policy guidance to the General Assembly and the Commonwealth's localities.

02/10/18 House: Read first time
02/12/18 House: Read second time
02/12/18 House: Committee amendments from Commerce and Labor rejected
02/12/18 House: Committee substitute from Appropriations agreed to 18107017D-H1
02/12/18 House: Engrossed by House - committee substitute HB1583H1

HJ 39 Joint Commission on Technology and Science; reporting of information breaches by localities.

Patron: Murphy

Directing the Joint Commission on Technology and Science to study reporting of information breaches by localities. Report.

18102496D

Summary as introduced:
Study; Joint Commission on Technology and Science; reporting of information breaches by localities; report. Directs the Joint Commission on Technology and Science to (i) evaluate and compare the various methods used by localities to report unauthorized breaches of personal information to the Office of the Attorney General and affected residents of the Commonwealth; (ii) identify one or more methods of reporting, such as through a central portal system, that promote the efficient and timely reporting of information breaches; and (iii) develop a list of best practices, processes, and resources that localities can use for cyber security remediation assistance and to report unauthorized information breaches.

01/03/18 House: Prefiled and ordered printed; offered 01/10/18 18102496D
01/03/18 House: Referred to Committee on Rules
01/19/18 House: Assigned Rules sub: Subcommittee #1

SB 216 Aerospace and Aviation; appointment of Managing Director.

Patron: Cosgrove

A BILL to amend the Code of Virginia by adding a section numbered 2.2-2239.3, relating to the Virginia Economic Development Partnership Authority; Managing Director of Aerospace and Aviation.

18103777D

Summary as introduced:
Virginia Economic Development Partnership Authority; Managing Director of Aerospace and Aviation. Requires the Chief Executive Officer of the Virginia Economic Development Partnership Authority to employ, or appoint an existing employee as, a Managing Director of Aerospace and Aviation, who shall encourage, stimulate, and support the development and expansion of the aerospace and aviation industries in the Commonwealth.

01/03/18 Senate: Prefiled and ordered printed; offered 01/10/18 18103777D
01/03/18 Senate: Referred to Committee on General Laws and Technology
01/29/18 Senate: Impact statement from DPB (SB216)
01/29/18 Senate: Stricken at request of Patron in General Laws and Technology (12-Y 0-N)

SB 469 Conditional zoning; removes restrictions on types of proffers a locality may request or accept.

Patron: Reeves (by request)

A BILL to amend and reenact § 15.2-2303.4 of the Code of Virginia, relating to conditional zoning.

18100807D

Summary as introduced:
Conditional zoning. Removes restrictions on the types of proffers a locality may request or accept in connection with a rezoning or proffer condition amendment as a condition of approval of a new residential development or residential use. The bill removes a restriction on denying an application on the basis of a failure or refusal to submit an unreasonable proffer or proffer condition amendment. The bill also removes a requirement that a proffer be made only when the new development will create a need in excess of the existing public facility capacity.

The bill removes the requirement that a court hearing the appeal of a rezoning or amendment to an existing proffer action presume, absent clear and convincing evidence to the contrary, that the initial refusal or failure to submit an unreasonable proffer was the controlling basis for the denial of the application when the applicant can show by a preponderance of the evidence that it refused or failed to submit an unreasonable proffer. The bill removes the right of an applicant appealing a rezoning or amendment to an existing proffer action to recover reasonable attorney fees and costs. The bill removes a requirement that a reviewing court remand the action with a direction to approve the rezoning or proffer condition amendment.

The bill eliminates an exception to proffer restrictions for a new residential development or residential use in a small area comprehensive plan.

01/09/18 Senate: Prefiled and ordered printed; offered 01/10/18 18100807D
01/09/18 Senate: Referred to Committee on Local Government
02/06/18 Senate: Stricken at request of Patron in Local Government (10-Y 0-N)

SB 580 Government Data Collection and Dissemination Practices Act; amends Act to facilitate sharing data.

Patrons: Hanger, Barker, Carrico, Dunnavant, Edwards and Ebbin

A BILL to amend and reenact §§ 2.2-3800, 2.2-3801, and 2.2-3803 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 2.2-225.2, relating to data collection and dissemination; governance.

18103234D

Summary as introduced:
Data collection and dissemination; governance. Amends the Government Data Collection and Dissemination Practices Act to facilitate the sharing of data among agencies of the Commonwealth and between the Commonwealth and political subdivisions. The bill also creates an Office of Data Governance, housed in the office of the Secretary of Technology, to (i) develop guidelines regarding data usage, storage, and privacy and (ii) generally oversee and assist with data sharing in the Commonwealth to promote the usage of data in improving the delivery of services.

02/08/18 Senate: Reported from Finance with substitute (16-Y 0-N)
02/08/18 Senate: Incorporates SB804 (Carrico)
02/08/18 Senate: Committee substitute printed 18106874D-S2
02/12/18 Senate: Constitutional reading dispensed (40-Y 0-N)
02/12/18 Senate: Impact statement from DPB (SB580S2)

SB 584 Va. Public Procurement Act; establishes service disabled veteran businesses.

Patrons: DeSteph and Cosgrove

A BILL to amend and reenact §§ 2.2-1604, 2.2-1605, 2.2-4310, and 2.2-4310.3 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 2.2-4310.1:1, relating to Virginia Public Procurement Act; service disabled veteran businesses procurement enhancement program.

18106619D

Summary as passed Senate:

Virginia Public Procurement Act; service disabled veteran businesses procurement enhancement program. Establishes a statewide service disabled veteran business procurement enhancement program. The bill establishes a statewide goal of five percent service disabled veteran business utilization in all discretionary spending by state agencies in procurement orders, prime contracts, and subcontracts.

02/02/18 Senate: Passed by for the day
02/05/18 Senate: Read third time and passed Senate (40-Y 0-N)
02/08/18 House: Placed on Calendar
02/08/18 House: Read first time
02/08/18 House: Referred to Committee on General Laws

SB 623 Electronic Routing Registry; created.

Patron: Surovell

A BILL to amend the Code of Virginia by adding a section numbered 33.2-274.01, relating to Department of Transportation registry; Electronic Routing Registry.

18104485D

Summary as introduced:
Electronic Routing Registry. Requires the Department of Transportation to create and maintain an Electronic Routing Registry (the Registry) of highways where electronic routing of through traffic is prohibited and provides the criteria for a highway to be eligible for placement on the Registry at the request of a locality. The bill requires that a digital routing provider remove a highway placed on the Registry from its routing algorithms within six months of such placement and provides that any digital routing provider who violates such requirement is subject to a $500 civil penalty for each day it is in violation.

01/10/18 Senate: Prefiled and ordered printed; offered 01/10/18 18104485D
01/10/18 Senate: Referred to Committee on Transportation
01/31/18 Senate: Committee amendments
01/31/18 Senate: Failed to report (defeated) in Transportation (6-Y 6-N 1-A)

SB 637 Virginia Longitudinal Data System; workforce data.

Patron: Dunnavant

A BILL to amend and reenact § 23.1-204.1 of the Code of Virginia, relating to the Virginia Longitudinal Data System; workforce data.

18103236D

Summary as introduced:
Virginia Longitudinal Data System; workforce data. Requires the State Council of Higher Education for Virginia (SCHEV), through the Virginia Longitudinal Data System, to report additional information regarding the alignment of postsecondary education and workforce in the Commonwealth. The bill also directs the Department of Motor Vehicles, the Virginia Employment Commission, and the Department of Taxation to cooperate with SCHEV to further assist in the collection and sharing of data regarding workforce analysis.

02/12/18 Senate: Committee amendments agreed to
02/12/18 Senate: Engrossed by Senate as amended SB637E
02/12/18 Senate: Constitutional reading dispensed (40-Y 0-N)
02/12/18 Senate: Passed Senate (40-Y 0-N)
02/12/18 Senate: Printed as engrossed 18103236D-E

SB 719 Substance Abuse Data Sharing and Analytics Clearinghouse; established, report.

Patron: Dunnavant

A BILL to amend and reenact §§ 2.2-3800, 2.2-3801, and 2.2-3803 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 2.2-213.6 and 2.2-213.7, relating to data sharing; substance abuse data.

18104822D

Summary as introduced:
Data sharing; substance abuse data. Establishes a Substance Abuse Data Sharing and Analytics Clearinghouse (the Clearinghouse), to be administered by the Secretary of Health and Human Resources in consultation with the Substance Abuse Data Sharing and Analytics Advisory Committee (the Advisory Committee), also created by the bill. To the extent allowed by federal law, state and local health and human services and public safety agencies are required to provide data to the Clearinghouse to be used for data analytics and analysis related to improving the efficiency and efficacy of the treatment and prevention of substance abuse, with a focus on opioid addiction and abuse. The Secretary of Health and Human Resources may also enter into agreements with private entities and public institutions of higher education to further the goals of the Clearinghouse. The bill requires the Secretary to report annually to the Governor and the General Assembly regarding the results achieved through the use of the Clearinghouse, including the identification of cost savings and policy recommendations.

The Advisory Committee shall have 14 members, consisting of three members of the House of Delegates, two members of the Senate, the Secretaries of Health and Human Resources, Public Safety and Homeland Security, and Technology, and six nonlegislative citizen members representing local government, the medical profession, and community services boards. The Advisory Committee is charged with advising on all matters related to the Clearinghouse.

The bill also makes changes to the Government Data Collection and Dissemination Practices Act to codify that data sharing among state and local agencies in certain circumstances is a proper use of personal data.

01/10/18 Senate: Prefiled and ordered printed; offered 01/10/18 18104822D
01/10/18 Senate: Referred to Committee on General Laws and Technology
01/23/18 Senate: Impact statement from DPB (SB719)
01/25/18 Senate: Assigned GL&T sub: #2
02/05/18 Senate: Incorporated by General Laws and Technology (SB580-Hanger) (14-Y 0-N)

SB 776 Computer crimes; adds various crimes for which attorneys may issue administrative subpoenas.

Patron: Chafin (by request)

A BILL to amend and reenact § 19.2-10.2 of the Code of Virginia, relating to administrative subpoena for electronic communication service or remote computing service records; certain offenses.

18104674D

Summary as introduced:
Administrative subpoena for electronic communication service or remote computing service records; certain offenses. Adds various computer crimes to the list of crimes for which attorneys for the Commonwealth have the authority to issue administrative subpoenas to obtain records and other information from electronic communication service and remote computing service providers if relevant to a legitimate law-enforcement investigation.

01/10/18 Senate: Prefiled and ordered printed; offered 01/10/18 18104674D
01/10/18 Senate: Referred to Committee for Courts of Justice
01/17/18 Senate: Stricken at the request of Patron in Courts of Justice (14-Y 0-N)

SB 830 Virginia Open Data Initiative Act; created, report.

Patron: Barker

A BILL to amend the Code of Virginia by adding in Title 2.2 a chapter numbered 37.1, consisting of sections numbered 2.2-3715 through 2.2-3721, relating to Virginia Open Data Initiative Act.

18102965D

Summary as introduced:
Virginia Open Data Initiative Act. Creates the Virginia Open Data Initiative Act to increase public awareness of and access to the data created by and available from state agencies. The bill provides for appointment by the Governor of a Chief Data Officer to oversee the establishment of procedures, standards, and best practices regarding the appropriate access and presentation of open data and datasets by each agency. The Chief Data Officer shall develop a dataset format standard to be used by all agencies when providing their datasets to the Chief Data Officer or when making their data available on their own websites and shall ensure that, under the standard, the datasets are accessible in a nonproprietary, machine-readable format that is compliant with state and federal law. The bill also provides for the Chief Data Officer to submit by December 31, 2019, a written report to the Governor and the General Assembly consisting of (i) the progress made on the implementation of the provisions of the bill, (ii) the effectiveness in providing open data and datasets to the public and among agencies, and (iii) the feasibility of expanding the open data initiative to the legislative and judicial branches of government.

01/15/18 Senate: Presented and ordered printed 18102965D
01/15/18 Senate: Referred to Committee on General Laws and Technology
01/25/18 Senate: Assigned GL&T sub: #2
01/31/18 Senate: Impact statement from DPB (SB830)
02/05/18 Senate: Incorporated by General Laws and Technology (SB580-Hanger) (14-Y 0-N)

Counts: HB: 18 HJ: 1 SB: 9


Veterans
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HB 500 Veteran Entrepreneur and Capital Resources Program and Fund; established.

Patron: Hodges

A BILL to amend and reenact §§ 2.2-1605 and 2.2-2001 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 2.2-2311.2, relating to the Virginia Small Business Financing Authority; Virginia Entrepreneur and Capital Resources Program and Fund.

18102630D

Summary as introduced:
Virginia Small Business Financing Authority; Veteran Entrepreneur and Capital Resources Program and Fund. Establishes the Veteran Entrepreneur and Capital Resources Program and Fund to provide loans and support to veteran small business owners, as defined in the bill, and to veterans starting a business, purchasing a franchise, or pursuing other entrepreneurial endeavors. The Fund shall be managed and administered by the Virginia Small Business Financing Authority with guidance from the Director of Small Business and Supplier Diversity and assistance with verification of veteran status and promotion of the program from the Department of Veteran Services. The bill has a delayed effective date of January 1, 2019.

01/08/18 House: Prefiled and ordered printed; offered 01/10/18 18102630D
01/08/18 House: Referred to Committee on General Laws
01/19/18 House: Assigned GL sub: Subcommittee #1
02/01/18 House: Subcommittee recommends striking from docket (8-Y 0-N)

HB 533 Veterans; acceptance of substantially equivalent military training, etc.

Patrons: Freitas, Aird, Bell, John J. and Cole; Senator: Cosgrove

A BILL to amend and reenact § 2.2-2001.2 of the Code of Virginia, relating to professions and occupations; qualifications for licensure; acceptance of substantially equivalent military training, education, and experience.

18104947D

Summary as passed House:

Professions and occupations; qualifications for licensure; acceptance of substantially equivalent military training, education, and experience. Directs the Department of Veterans Services to take steps to promote awareness among veterans of the acceptance of such substantially equivalent military training, education, or experience by the Department of Professional and Occupational Regulation, the Department of Health Professions, or any other board named in Title 54.1 (Professions and Occupations).

02/09/18 House: Read second time
02/09/18 House: Committee substitute agreed to 18104947D-H1
02/09/18 House: Engrossed by House - committee substitute HB533H1
02/12/18 House: Read third time and passed House BLOCK VOTE (100-Y 0-N)
02/12/18 House: VOTE: BLOCK VOTE PASSAGE (100-Y 0-N)

HB 1279 Higher educational institutions, public; policy.

Patrons: Tran and Reid

A BILL to amend and reenact § 23.1-904 of the Code of Virginia, to amend the Code of Virginia by adding a section numbered 23.1-904.1, and to repeal § 23.1-2907 of the Code of Virginia, relating to public institutions of higher education; policies for the award of academic credit for military training.

18104506D

Summary as introduced:
Public institutions of higher education; policies for the award of academic credit for military training. Requires the governing board of each public institution of higher education to adopt a policy for the award of academic credit to any student enrolled at the institution who has successfully completed a military training course or program as part of his military service that is applicable to the student's certificate of degree requirements and is recommended for academic credit by a national higher education association that provides academic credit recommendations for military training courses or programs, noted on the student's military transcript issued by any of the Armed Forces of the United States or otherwise documented in writing by any of the Armed Forces of the United States.

01/10/18 House: Prefiled and ordered printed; offered 01/10/18 18104506D
01/10/18 House: Referred to Committee on Education
01/19/18 House: Assigned Education sub: Subcommittee #3
01/23/18 House: Impact statement from DPB (HB1279)
02/06/18 House: Subcommittee recommends laying on the table (8-Y 0-N)

SB 325 Veterans Services, Department of; oversight of Department.

Patrons: Ruff and DeSteph; Delegate: Bell, John J.

A BILL to amend and reenact §§ 2.2-2000, 2.2-2001, 2.2-2001.1, 2.2-2004, and 2.2-4310.2 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 2.2-2000.1, relating to the Department of Veterans Services.

18101227D

Summary as introduced:
Department of Veterans Services. Provides the Secretary of Veterans and Defense Affairs (the Secretary) with greater direct oversight of the Department of Veterans Services (the Department). The bill requires (i) that the current cost-benefit and value analysis of existing programs and services and for new programs and services before they are established and implemented be conducted annually, with the results provided to the Secretary, and (ii) that the Department submit an annual report through the Secretary to the Governor and the General Assembly on or before December 1 of each year. The bill contains technical amendments.

01/26/18 Senate: Impact statement from DPB (SB325)
01/26/18 Senate: Read third time and passed Senate (39-Y 0-N)
01/31/18 House: Placed on Calendar
01/31/18 House: Read first time
01/31/18 House: Referred to Committee on General Laws

SB 584 Va. Public Procurement Act; establishes service disabled veteran businesses.

Patrons: DeSteph and Cosgrove

A BILL to amend and reenact §§ 2.2-1604, 2.2-1605, 2.2-4310, and 2.2-4310.3 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 2.2-4310.1:1, relating to Virginia Public Procurement Act; service disabled veteran businesses procurement enhancement program.

18106619D

Summary as passed Senate:

Virginia Public Procurement Act; service disabled veteran businesses procurement enhancement program. Establishes a statewide service disabled veteran business procurement enhancement program. The bill establishes a statewide goal of five percent service disabled veteran business utilization in all discretionary spending by state agencies in procurement orders, prime contracts, and subcontracts.

02/02/18 Senate: Passed by for the day
02/05/18 Senate: Read third time and passed Senate (40-Y 0-N)
02/08/18 House: Placed on Calendar
02/08/18 House: Read first time
02/08/18 House: Referred to Committee on General Laws

Counts: HB: 3 SB: 2