The first full week following Crossover has seen several bills acted on already. Below are the bills that have been acted on since our Crossover Report last week.

 

Tax Conformity

 

SB 1146 - Howell - Income tax, state; conformity with the Internal Revenue Code (Reported from House Finance Committee with a Substitute (conformed to House version) 13-Y 9-N)

  • Advances Virginia’s date of conformity with the Internal Revenue Code from December 31, 2019, to December 31, 2020.
  • The bill adds exceptions to such conformity for suspension of the overall limitation on itemized deductions and the reduction in the medical expense deduction floor for taxable year 2017 and taxable years on and after January 1, 2019, and for the provisions of the federal Coronavirus Aid, Relief, and Economic Security Act (CARES Act) related to the net operating loss limitation and carryback, a loss limitation applicable to taxpayers other than corporations, and the limitation on business interest.
  • The bill contains an emergency clause.

 

Employer Mandates

 

HB 1848 - Sickles - Virginia Human Rights Acts; adds discrimination on the basis of disability. (Passed the Senate 39-Y 0-N)

  • Adds discrimination on the basis of disability as an unlawful employment practice under the Virginia Human Rights Act.
  • The bill also requires employers, defined in the bill, to make reasonable accommodation to the known physical and mental impairments of an otherwise qualified person with a disability, if necessary, to assist such person in performing a particular job, unless the employer can demonstrate that the accommodation would impose an undue hardship on the employer.
  • The bill also prohibits employers from taking any adverse action against an employee who requests or uses a reasonable accommodation, from denying employment or promotion opportunities to an otherwise qualified applicant or employee because such employer will be required to make reasonable accommodation to the applicant or employee, or from requiring an employee to take leave if another reasonable accommodation can be provided to the known limitations related to the disability.
  • The bill creates a cause of action against any employer who denies any of the rights to reasonable accommodation afforded by the bill and permits the court or jury to award compensatory damages, back pay, and other equitable relief.

 

HB 2032 - Gooditis - Employees providing domestic service; application of laws applicable to employee safety. (Reported Senate Commerce and Labor Committee and Referred to Finance Committee 12-Y 3-N)

  • Provides that individuals who are engaged in providing domestic service are not excluded from employee protection laws and the Virginia Workers' Compensation Act.

 

HB 2140 - Guzman - Alternative application for employment for persons with a disability; DHRM, to create a process. (Passed the Senate 39-Y 0-N)

  • Directs the Department of Human Resource Management to create an alternative application process for the employment of persons with a disability. The process must be noncompetitive in nature and provide state agencies using the process an option for converting positions filled through the noncompetitive process into positions that are normally filled through a competitive process. The bill directs the Department of Human Resource Management to develop and disseminate a policy to implement the provisions of the bill.

 

HB 2161 - Tran - Active military or a military spouse; prohibits discrimination in public accommodations, etc. (Passed the Senate 39-Y 0-N)

  • Prohibits discrimination in public accommodations, employment, and housing on the basis of a person's military status, defined as a member of the uniformed services of the United States or a reserve component thereof or a spouse or other dependent of the same.
  • The bill also prohibits terms in a rental agreement in which the tenant agrees to waive remedies or rights under the federal Servicemembers Civil Relief Act prior to the occurrence of a dispute between the landlord and the tenant.

 

SB 1410 - Bell - Prohibited discrimination; status as active military or a military spouse. (Reported from House General Laws Subcommittee with Substitute 22-Y 0-N)

  • Prohibits discrimination in public accommodations, employment, and housing on the basis of a person's status as active military or a military spouse.

 

 

Defeated:

 

HB 1754 - Carter - Employer or other person; retaliatory discharge of employee prohibited. (Passed by Indefinitely (defeated) in Senate Commerce and Labor Committee 10-Y 5-N)

  • Prohibits an employer or other person from discharging or taking other retaliatory action against an employee if such action is motivated by the knowledge or belief that the employee has filed a claim or taken or intends to take certain actions under the Virginia Workers' Compensation Act.
  • Currently, retaliatory discharges are prohibited only if the employer discharges an employee solely because the employee has taken or intends to take such an action.

 

HB 1864 - Price - Virginia Human Rights Act; expands definition of employer. (Failed to report (defeated) in Senate General Laws and Technology 7-Y 7-N)

  • Expands the definition of "employer" for all purposes of the Virginia Human Rights Act to include a person employing one or more domestic workers, as defined in the bill.

 

HB 1897 - Jenkins - Summons for unlawful detainer; notice to tenant, adverse employment actions prohibited. (Failed to report (defeated) in Senate Judiciary 7-Y 8-N)

  • Requires any summons for unlawful detainer to include a notice to the tenant that it is unlawful for his employer to discharge him from employment or take any adverse personnel action against him for appearing at an initial or subsequent hearing on such summons, provided that he has given reasonable notice of such hearing to his employer.

 

Larceny

 

HB 2290 - Plum - Larceny; repeals punishment for conviction of second or subsequent misdemeanor. (Passed the Senate 21-Y 18-N)

  • Repeals the enhanced penalties for a second or subsequent misdemeanor larceny conviction. Under current law, when a person is convicted of a second larceny offense, he shall be confined in jail not less than 30 days nor more than 12 months, and for a third, or any subsequent offense, he shall be guilty of a Class 6 felony.

 

Tax

 

SB 1398 - Norment - Retail sales and transient occupancy taxes on room rentals. (House Finance Subcommittee #2 recommends reporting with amendments 8-Y 2-N)

  • Provides that retail sales and hotel taxes on transient room rentals shall be computed on the basis of the total charges or the total price paid for the use or possession of the room.
  • For those cases in which a hotel or similar establishment contracts with an intermediary to facilitate the sale of the room and the intermediary charges the customer for the room and such facilitation efforts, the bill requires the intermediary to separately state the taxes on the bill or invoice provided to the customer and to collect the taxes based upon the total charges or the total price paid for the use or possession of the room.
  • The bill provides that an estimated amount equivalent to the sales tax revenue attributable to the charge for the service provided by the intermediary shall be dedicated to the Virginia Tourism Authority to administer grants for tourism promotion.

 

SB 1403 - Pillion - Sales tax; exemption for personal protective equipment; emergency. (Passed the House 100-Y 0-N)

  • Establishes a retail sales and use tax exemption for personal protective equipment, as defined in the bill.
  • The exemption would be available to any business that has in place a COVID-19 safety protocol that complies with the Emergency Temporary Standard promulgated by the Virginia Department of Labor and Industry and that meets other criteria.
  • The exemption would sunset one day after the first day following the expiration of the last executive order issued by the Governor related to the COVID-19 pandemic and the termination of the COVID-19 Emergency Temporary Standard and any permanent COVID-19 regulations adopted by the Virginia Safety and Health Codes Board.
  • The bill contains an emergency clause.

 

Unemployment Compensation

 

HB 2040 - Hudson - Unemployment compensation; failure to respond, continuation of benefits, repayment of overpayments. (Reported from Senate Commerce and Labor Committee with Substitute and referred to Senate Finance Committee 12-Y 2-N)

  • Provides that an employer shall be deemed to have established a pattern of failing to respond timely or adequately to written requests for information relating to claims if the Virginia Employment Commission determines that the employer has failed to respond timely or adequately to a written request for information relating to a claim on two or more occasions within a 48-month window and requires such employer to pay a penalty upon his second such failure to respond timely or adequately.
  • Under current law, such pattern is established after four failures, and the penalty is assessed after the third failure. The bill provides that if an employer fails to respond timely or adequately to a written request by the Commission for information relating to a claim, the employer forfeits any appeal rights to that claim.
  • The bill provides that when a claimant has begun receiving unemployment benefits, such benefits shall continue to be paid under a presumption of continuing entitlement unless or until a deputy determines, in a process providing notice and opportunity to be heard to the claimant, that the claimant is ineligible or disqualified.
  • The bill provides that an individual who receives an overpayment of unemployment benefits is not liable to repay the overpayments to the Commission if the Commission determines that (i) the overpayment was not due to fraud, misrepresentation, or willful nondisclosure on the part of the recipient and its recovery would be against equity and good conscience; (ii) the overpayment was a direct result of inducement, solicitation, or coercion on the part of the employer; or (iii) the overpayment occurred due to administrative error. The bill requires the Commission to waive an overpayment of benefits under a federal unemployment benefit program if the program authorizes the waiver. The bill provides that any person who receives an overpayment of benefits is not required to repay such overpayment if the Commission determines that the overpayment was made because the employer failed to respond timely or adequately to a written request by the Commission for information relating to the claim. Finally, the bill prohibits a determination with respect to benefit overpayments to be issued until after a determination or decision that finds a claimant ineligible or disqualified for benefits previously paid has become final.

 

 

Defeated:

 

HB 2037 - Tran - Unemployment compensation; benefits, suitable work, benefits charges. (Passed by Indefinitely (defeated) in Senate Commerce and Labor Committee 9-Y 6-N)

  • Provides that, under specific conditions related to the COVID-19 virus, work will not be deemed suitable and benefits will not be denied to any otherwise eligible individual for refusing to accept new work if (i) the individual presents satisfactory evidence that such individual (a) has tested positive for COVID-19, (b) has been otherwise directed by a physician to quarantine due to COVID-19, or (c) is providing care for an immediate family member who has tested positive for COVID-19; or (ii) the individual has a reasonable belief, based on satisfactory evidence, that the workplace is unsafe because it does not meet governmental-mandated COVID-19 health and safety standards for the workplace, including standards issued by the U.S. Occupational Safety and Health Administration, the Department of Labor and Industry, or the Department of Health, or through an executive order or directive issued by the Governor.
  • The bill provides, that for individuals who refuse to accept an offer of work based on such conditions, no benefits charges will be deemed to be the responsibility of the previous employer, unless the individual has refused an offer to return to work to his previous employer because the individual has a reasonable belief that the workplace is not in compliance with the Department of Labor and Industry's standards for the prevention of COVID-19.
  • The provisions of the bill expire 30 days after the expiration or revocation of all states of emergency declared by the Governor related to the COVID-19 pandemic.

 

TANF

 

HB 1820 - Helmer - Temporary Assistance for Needy Families; food stamp program, eligibility, postsecondary education. (Reported from Senate Rehabilitation and Social Services 15-Y 0-N, and Rereferred to Finance and Appropriations Committee)

  • Allows Temporary Assistance for Needy Families (TANF) and food stamp recipients, to the extent permitted by federal law and regulations, to satisfy or earn exemption from applicable work and training requirements through enrollment in postsecondary education.
  • The bill directs the Department of Social Services to utilize certain strategies to promote such postsecondary education opportunities and streamline the process for certifying compliance therewith.
  • The bill also directs the Board of Social Services, in implementing the Commonwealth's food stamp program, to (i) establish broad-based categorical eligibility, (ii) set the gross income eligibility standard at 200 percent of the federal poverty guidelines, and (iii) not impose an asset limit.

 

Energy

 

HB 1859 - Guy - Clean energy and other programs; local financing when owner costs are incurred.  (Passed both the House and the Senate and is now before the Governor for Signature)

  • Changes the parameters for local ordinances authorizing loan contracts for the installation by property owners of clean energy, resiliency, or stormwater management improvements.
  • The bill provides that if the property owner incurred the costs of improvements to be refinanced or reimbursed within the two years prior to the closing date of the financing, the loan amount may include the total costs of the improvements to be refinanced or reimbursed.
  • The bill removes the requirement that the applicable local ordinance include the proposed interest rate for the loan program and the maximum aggregate dollar amount that may be financed with respect to a property, and it provides that no loan offered under the program shall be used to improve a residential dwelling that contains fewer than five dwelling units or a residential condominium.
  • The bill alters the fee options available to the locality and provides that the placement of a voluntary special assessment lien does not require a new assessment of the value of the real property.
  • The bill contains technical amendments.

 

HB 1907 - Sullivan - Electric utilities; advanced renewable energy buyers. (Reported from Senate Commerce and Labor Committee 15-Y 0-N)

  • Provides that certain accelerated renewable energy buyers that are customers of Dominion Energy Virginia and had subscribed to, as of March 1, 2020, a voluntary companion experimental tariff offering for the purchase of renewable attributes from renewable energy facilities that requires a renewable facilities agreement and the purchase of a minimum of 2,000 renewable attributes annually is exempt from the allocation of the net costs related to procurement of new solar or onshore wind generation capacity, energy, or environmental attributes, or energy storage facilities, by Dominion Energy Virginia.
  • The exemption is based on the amount of Renewable Energy Certificates associated with the customer's renewable facilities agreements associated with the tariff offering in proportion to the customer's total electric energy consumption, on an annual basis.

 

HB 1919 - Kory - Local green banks; authorizes a locality, by ordinance, to establish. (Reported from Senate Committee on Local Government with substitute 8-Y 5-N)

  • Authorizes a locality, by ordinance, to establish a green bank to promote the investment in clean energy technologies in its locality and provide financing for clean energy technologies, defined in the bill.
  • The bill establishes certain powers and functions of a green bank, including developing rules and procedures, financing and providing loans for clean energy projects, and stimulating demand for renewable energy.
  • The bill requires the green bank to be a public entity, quasi-public entity, or nonprofit entity and requires the locality to hold a hearing and publish notice in a newspaper of general circulation prior to establishing the green bank.

 

SB 1420 - Edwards - Electric utilities; non-jurisdictional customers; third party power purchase agreements. (Reported from Labor and Commerce 21-Y 0-N)

  • Provides that for pilot programs under which an owner or operator of a renewable energy generation facility sells electricity to an eligible customer-generator through a third-party power purchase agreement, both jurisdictional and non-jurisdictional customers may participate on a first-come, first-serve basis.

 

Defeated:

 

HB 1914 - Helmer - Electric utilities; triennial review, period costs, rate reductions. (Passed by Indefinitely (defeated) in Senate Commerce and Labor Committee 8-Y 7-N)

  • Provides that in a triennial review proceeding, certain utility generation and distribution costs that are not proposed for recovery under various cost recovery mechanisms, at the State Corporation Commission's discretion, may be attributed to the test periods under review and deemed fully recovered or, if the utility has earned below a certain threshold, may be deferred for recovery over future periods.
  • Under current law, such attribution is required unless the utility has earned below a certain threshold, in which case deferred recovery of the costs is required.
  • The provisions of the bill apply to the first triennial review of Dominion Energy Virginia conducted after January 1, 2021.
  • This bill incorporates HB 1835.

 

HB 1984 - Hudson - Electric utilities; triennial review, proceeding by SCC, fair rates of return. (Passed by Indefinitely (defeated) with letter to the commission 11-Y 4-N)

  • Provides that the State Corporation Commission, in any triennial review proceeding, including the first triennial review proceeding conducted after January 1, 2021, for Dominion Energy Virginia, may use any methodology it finds consistent with the public interest to determine fair rates of return on common equity for the utility's generation and distribution services.
  • In any such triennial review, regardless of whether the utility earned above or below its authorized rate of return during the test period under review, the Commission also may order any increases or decreases to the utility's rates for generation and distribution that it deems necessary and appropriate, as long as the resulting rates provide the utility with the opportunity to (i) fully recover its costs of providing its services and (ii) earn an authorized rate of return.

 

HB 2048 - Bourne - Electric utility regulation; purchasing from competitive suppliers. (Passed by indefinitely (defeated) with letter to the commission 11-Y 4-N)

  • Authorizes individual retail customers of electric energy to purchase electric energy provided 100 percent from renewable energy from any licensed competitive supplier of electric energy, including any incumbent electric utility.
  • Currently, such customers may purchase electric power from such suppliers, other than an incumbent electric utility that is not the incumbent electric utility serving the exclusive territory in which the customer is located, only if their incumbent electric utility does not offer an approved tariff for electric energy provided 100 percent from renewable energy.
  • The measure also provides that a cooperative utility customer eligible to take service under a tariff for electric energy provided 100 percent from renewable energy is prohibited from purchasing electric energy provided 100 percent from renewable energy from a licensed supplier, except such customer is authorized to continue purchasing renewable energy pursuant to the terms of a power purchase agreement in effect on the date the cooperative serving it filed with the Commission such tariff for electric energy provided 100 percent from renewable energy for the duration of such agreement.
  • The measure requires that, within three months after the enactment of this act or within three months after beginning to offer a 100 percent renewable energy product to residential customers, whichever is later, licensed competitive suppliers that offers 100 percent renewable energy to residential customers in the service territory of Dominion Energy Virginia or Appalachian Power, to submit a proposal to the State Corporation Commission for consideration and approval to offer discounted service to low-income customers.
  • The measure requires such proposal to include a 100 percent renewable product to be offered to a minimum number of low-income customers at a rate ten percent lower than the incumbent electric utility’s standard residential rate for non-renewable supply service for a minimum initial term of twelve months.

 

HB 2049 - Bourne - Electric utilities; eliminates customer credit reinvestment offsets. (Passed by indefinitely (defeated) with letter to the commission 11-Y 4-N)

  • Eliminates customer credit reinvestment offsets under which a utility is allowed, upon request, to reduce or eliminate amounts of overearnings that otherwise would be required to be credited to customers by applying a customer credit reinvestment offset for expenses on new solar and wind generation facilities and electric distribution grid transformation projects.

 

HB 2200 - Jones - Electric utilities; triennial review. (Passed by indefinitely (defeated) with letter to the commission 11-Y 4-N)

  • Makes various changes to procedures under which the State Corporation Commission reviews the earnings and sets the rates of investor-owned incumbent electric utilities. The bill requires the Commission, in determining a fair rate of return on common equity for an investor-owned utility, to consider the average of either (i) the returns on common equity reported to the Securities and Exchange Commission for the three most recent annual periods for which such data is available by not less than a majority of a selected peer group of the utility or (ii) the authorized returns on common equity that are set by the applicable regulatory commissions for the same selected peer group. Under current law, the Commission is required to set such return not lower than either such average.
  • The bill provides that in a triennial review proceeding, certain utility generation and distribution costs that are not proposed for recovery under various cost recovery mechanisms, at the Commission's discretion, may be attributed to the test periods under review and deemed fully recovered or, if the utility has earned below a certain threshold, may be deferred for recovery over future periods. Under current law, such attribution is required unless the utility has earned below a certain threshold, in which case deferred recovery of the costs is required.
  • The bill requires the Commission to direct that 100 percent of the amount of a utility's earnings above a certain threshold be credited to customers' bills. Under current law, the Commission is required to direct that 70 percent of such overearnings be credited to customers' bills.
  • The bill provides that if revenue reductions related to energy efficiency measures or other programs cause a utility to earn below a certain threshold, or if for reasons other than revenue reductions the utility earns below a certain threshold, the Commission may order increases to the utility's rates for generation and distribution services necessary to recover such revenue reductions.
  • Under current law, the Commission is required to order such an increase. The bill eliminates provisions that limit any rate reduction ordered by the Commission in the first triennial review of Dominion Energy Virginia after January 1, 2021, to $50 million in annual revenues.
  • The bill provides that the Commission may determine that certain capital investment amounts by a utility may offset any customer bill credit amounts. Under current law, such the Commission is required to determine that such investments offset customer bill credit amounts.
  • The bill provides that in any triennial review the Commission may order any rate increase or decrease to a utility's rates for generation and distribution services it deems necessary and appropriate, so long as the resulting rates provide the utility with the opportunity to fully recover its costs and earn an authorized rate of return on its generation and distribution services.
  • The provisions of the bill apply to all triennial reviews, including the first triennial review of Dominion Energy Virginia conducted after January 1, 2021.
  • This bill incorporates HB 2057.

 

 

Environmental

 

HB 1965 - Bagby - State Air Pollution Control Board; low-emissions and zero-emissions vehicle program. (Reported from Senate Commerce and Labor Committee 11-Y 4-N)

  • Directs the State Air Pollution Control Board to implement a low-emissions and zero-emissions vehicle program for motor vehicles with a model year of 2025 and later. Regulations adopted by the Board to implement the program are exempt from the Administrative Process Act and shall not become effective prior to January 1, 2024.

 

SB 1282 - Morrissey - Greenhouse gas emissions inventory; regulations. (House Agriculture, Chesapeake and Natural Resources Subcommittee recommends reporting 6-Y 2-N)

  • Directs the Department of Environmental Quality to conduct a statewide baseline and projection inventory of all greenhouse gas emissions and to update such inventory every four years.
  • The bill requires that the inventory be published and included in the annual report of the State Air Pollution Control Board.
  • The bill also authorizes the Board to adopt regulations necessary to collect data needed to conduct, update, and maintain the inventory. The bill exempts proprietary information collected by the Department from the mandatory disclosure requirements of the Virginia Freedom of Information Act.

 

SB 1284 - Favola - Commonwealth Clean Energy Policy. (House Labor and Commerce Subcommittee Recommends Reporting 6-Y 4-N)

  • Establishes the Commonwealth Clean Energy Policy, replacing the Commonwealth Energy Policy. The bill sets out the energy policy and objectives of the Commonwealth Clean Energy Policy, which include: (i) the Commonwealth recognizes that effectively addressing climate change and enhancing resilience will advance the health, welfare, and safety of the residents of the Commonwealth and that addressing climate change requires reducing greenhouse gas emissions across the Commonwealth's economy sufficient to reach net-zero emission by 2045 in all sectors, including the electric power, transportation, industrial, agricultural, building, and infrastructure sectors; (ii) the Commonwealth recognizes the need to promote environmental justice and ensure that it is carried out throughout the Commonwealth and the need to address and prevent energy inequities in historically economically disadvantaged communities; and (iii) the Commonwealth must continue to prioritize economic competitiveness and workforce development in an equitable manner.

 

Workers Compensation

 

HB 1985 - Hurst - Workers' compensation; presumption of compensability for COVID-19. (Reported from Senate Commerce and Labor Committee and Referred to Finance and Appropriations 15-Y 0-N)

  • Establishes a presumption that COVID-19 causing the death or disability of health care providers is an occupational disease compensable under the Workers' Compensation Act.
  • The bill provides that the COVID-19 virus is established by a positive diagnostic test for COVID-19, an incubation period consistent with COVID-19, and signs and symptoms of COVID-19 that require medical treatment.
  • The bill provides that such presumption applies to any death or disability occurring on or after March 12, 2020, caused by infection from the COVID-19 virus, provided that for any such death or disability that occurred on or after March 12, 2020, and prior to December 31, 2021, the claimant received a positive diagnosis of COVID-19 from a licensed physician, after either a presumptive positive test or a laboratory-confirmed test for COVID-19, and presented with signs and symptoms of COVID-19 that required medical treatment.
  • The bill provides that such presumptions do not apply to any person offered by his employer a vaccine for the prevention of COVID-19 unless the person's physician determines in writing that immunization would pose a significant risk to the person's health.

 

HB 2207 - Jones - Workers' compensation; presumption of compensability for COVID-19. (Reported from Senate Commerce and Labor Committee and Referred to Finance and Appropriations 15-Y 0-N)

  • Establishes a presumption that COVID-19 causing the death or disability of firefighters, emergency medical services personnel, law-enforcement officers, and correctional officers is an occupational disease compensable under the Workers' Compensation Act.
  • The bill provides that the COVID-19 virus is established by a positive diagnostic test for COVID-19, an incubation period consistent with COVID-19, and signs and symptoms of COVID-19 that require medical treatment.
  • The bill provides that such presumption applies to any death or disability occurring on or after March 12, 2020, caused by infection from the COVID-19 virus, provided that for any such death or disability that occurred on or after March 12, 2020, and prior to December 31, 2021, the claimant received a diagnosis of COVID-19 from a licensed physician, after either a presumptive positive test or a laboratory confirmed test for COVID-19, and presented with signs and symptoms of COVID-19 that required medical treatment.

 

SB 1375 - Saslaw - Workers' compensation; presumption of compensability for COVID-19. (Reported from House Labor and Commerce with Substitute 21-Y 0-N)

  • Establishes a presumption that COVID-19 causing the death or disability of firefighters and emergency medical services personnel is an occupational disease compensable under the Workers' Compensation Act.
  • The provisions of the bill will be effective retroactive to March 1, 2020.

 

 

ABC

 

ABC legislation that is still active:

 

HB 1845 - VanValkenburg - Alcoholic beverage control; license fee reform. (Reported from Senate Rehabilitation and Social Services 14-Y 0-N)

  • Delays the effective date of the 2020 alcoholic beverage control license and fee reform from July 1, 2021, to January 1, 2022.
  • During the period of delay, and subject to certain requirements, the bill allows on-premises wine or beer licensees to sell wine or beer for off-premises consumption and allows such licensees, as well as off-premises wine or beer licensees, to deliver wine or beer that the licensee is authorized to sell without a delivery permit.
  • The bill contains a technical amendment and an emergency clause.

 

HB 1879 - Bulova - Alcoholic beverage control; sale and delivery of mixed beverages and pre-mixed wine. (Reported from Senate Rehabilitation and Social Services Committee 14-Y 0-N)

  • Allows distillers that have been appointed as agents of the Board of Directors (the Board) of the Virginia Alcoholic Beverage Control Authority (the Authority), mixed beverage restaurant licensees, and limited mixed beverage restaurant licensees to sell mixed beverages for off-premises consumption and deliver such mixed beverages to consumers subject to requirements set forth in the bill.
  • The bill allows the Board to summarily revoke a licensee's privileges to sell and deliver mixed beverages for off-premises consumption for noncompliance with the requirements set forth in the bill or applicable provisions of current law.
  • The bill also allows farm winery licensees to sell pre-mixed wine for off-premises consumption.
  • The bill directs the Authority to convene a work group to study the sale and delivery of mixed beverages and pre-mixed wine for off-premises consumption and report its findings to the Chairmen of the House Committee on General Laws and the Senate Committee on Rehabilitation and Social Services by November 1, 2021.
  • The provisions of the bill sunset on July 1, 2022.

 

HB 2131 - Lopez - Alcoholic beverage control; license application, locality input. (Reported from Senate Rehabilitation and Social Services Committee 14-Y 0-N)

  • Adds the chief administrative officer of a locality to the list of persons who may be sent notice of certain license applications by the Board of Directors (the Board) of the Virginia Alcoholic Beverage Control Authority.
  • The bill also expands the definition of criminal blight, for which the locality may require a property owner to take corrective action, to include a condition existing on real property that endangers public health or safety and is caused by (i) the regular presence on the property of persons in possession of controlled substances and (ii) the discharge of a firearm under certain conditions.

 

HB 2266 - Ayala - Alcoholic beverage control; local outdoor refreshment areas. (Reported from Senate Rehabilitation and Social Services Committee 14-Y 0-N)

  • Renames the "local special events" license as the "outdoor refreshment area" license.
  • The bill allows the Board of Directors of the Virginia Alcoholic Beverage Control Authority to increase the frequency and duration of events held under such license after adoption of an ordinance by a locality requesting such increase in frequency and duration.
  • Under current law, localities are limited to holding 16 events per year under such license, with each event lasting no more than three consecutive days, except during the effective dates of any rule, regulation, or order that is issued by the Governor or State Health Commissioner to meet a public health emergency and that effectively reduces allowable restaurant seating capacity.
  • The bill also increases the state and local license fees for outdoor refreshment area licenses issued pursuant to a local ordinance.
  • This bill incorporates HB 2051.

 

SB 1299 - Bell - Alcoholic beverage control; sale and delivery of mixed beverages and pre-mixed wine. (Reported from House General Laws Committee 20-Y 2-N)

  • Allows distillers that have been appointed as agents of the Board of Directors (the Board) of the Virginia Alcoholic Beverage Control Authority (the Authority), mixed beverage restaurant licensees, and limited mixed beverage restaurant licensees to sell mixed beverages for off-premises consumption and deliver such mixed beverages to consumers subject to requirements set forth in the bill.
  • The bill allows the Board to summarily revoke a licensee's privileges to sell and deliver mixed beverages for off-premises consumption for noncompliance with the requirements set forth in the bill or applicable provisions of current law.
  • The bill also allows farm winery licensees to sell pre-mixed wine for off-premises consumption.
  • The bill directs the Authority to convene a work group to study the sale and delivery of mixed beverages and pre-mixed wine for off-premises consumption and report its findings to the Chairmen of the House Committee on General Laws and the Senate Committee on Rehabilitation and Social Services by November 1, 2021.
  • The provisions of the bill sunset on July 1, 2022.
  • This bill incorporates SB 1388.

 

Product Ban—Still Active

 

HB 2250 - Kory - Humane Cosmetics Act; civil penalties. (Rereferred from Commerce and Labor to Senate Agriculture, Conservation and Natural Resources 14-Y 0-N)

  • Prohibits a cosmetics manufacturer, as defined in the bill, from testing cosmetics on animals in the Commonwealth, effective July 1, 2021.
  • The bill also prohibits the sale in the Commonwealth, effective January 1, 2022, of any cosmetic that was developed or manufactured using animal testing on or after July 1, 2021, with certain exceptions.
  • Attorneys for the Commonwealth may investigate alleged violations and information about testing provided to them is protected as a trade secret.
  • Violations are subject to a civil penalty of up to $5,000 and an additional $1,000 for each day the violation continues.
  • The bill preempts any local regulation on cosmetic animal testing.

 

SB 1379 - Boysko - Humane Cosmetics Act; civil penalties. (Reported from House Labor and Commerce Committee 14-Y 7-N)

  • Prohibits the testing of cosmetics on animals in the Commonwealth, effective July 1, 2021.
  • The bill also prohibits the sale by any cosmetics manufacturer, defined in the bill, in the Commonwealth, effective January 1, 2022, of any cosmetic that was developed or manufactured using animal testing on or after July 1, 2021, with certain exceptions.
  • Attorneys for the Commonwealth may investigate alleged violations and information about testing provided to them is protected as a trade secret. Violations are subject to a civil penalty of up to $5,000 and an additional $1,000 for each day the violation continues.
  • The bill preempts any local regulation on cosmetic animal testing.

 

Small Business

 

HB 1830 - Head - Virginia Small Business Financing Authority; members to have small business lending experience. Passed the Senate 39-Y 0-N)

  • Requires at least five of the nine citizen members of the Virginia Small Business Financing Authority to have experience in small business lending.
  • This bill is a recommendation of the Joint Legislative Audit and Review Commission.

 

HB 2172 - Mundon King - Small, women-owned, and minority-owned businesses; right to appeal denial of initial certification (Passed the Senate 39-Y 0-N)

  • Requires the Department of Small Business and Supplier Diversity to adopt regulations to establish a process for businesses that are denied initial certification as a small, women-owned, or minority-owned business to appeal such denial on the basis that the Department made a mistake in denying the business's application for certification.
  • This bill is a recommendation of the Joint Legislative Audit and Review Commission.

 

Miscellaneous

 

HB 1814 - Krizek - Garnishment of wages; a protected portion of disposable earnings. (Passed the Senate 39-Y 0-N)

  • Provides that the Virginia minimum hourly wage shall be used to calculate the amount of a person's aggregate disposable earnings protected from garnishment if it is greater than the federal minimum hourly wage.

 

SB 1296 - Spruill - State Coordinator of Emergency Management; establishment of Emergency Management Equity. (Reported from House Public Safety Committee 19-Y 3-N)

  • Provides for the State Coordinator of Emergency Management to establish an Emergency Management Equity Working Group to ensure that emergency management programs and plans provide support to at-risk individuals and populations disproportionately impacted by disasters.

 

SB 1298 - Bell - Tourism improvement districts. (Reported from House Counties, Cities and Towns Committee 21-Y 1-N)

  • Authorizes any locality to create a local tourism improvement district plan, consisting of fees charged to businesses and used to fund tourism promotion activities and capital improvements.
  • Under the bill, the locality is authorized to contract with a nonprofit entity to administer the activities and improvements.