Department of Energy; building standards forcertain local buildings. Requires the Department of Energy to provide technical assistance to localities, subject to availablebudgetary resources, as localities implement mandates related toenergy and resilience standards for construction or renovation ofcertain public buildings. The bill also requires the Department toconduct an annual survey of localities to obtain information on relatedactivities and to identify the needs of localities with respect totechnical assistance and training. The bill also makes several technicaland clarifying changes to the existing statute, in part by definingor redefining existing terms found in the statute.
Alzheimer's disease and dementia training fordispatchers, firefighters, and emergency medical personnel. Requirescertain agencies in the Commonwealth to develop curricula and providetraining related to Alzheimer's disease and dementia to dispatchersemployed by or in any local or state government agency, firefighters,and emergency medical services personnel. This bill is a recommendationof the Virginia Alzheimer's Disease and Related Disorders Commissionand the Commonwealth Council on Aging.
Towing companies; local authority. Clarifies that the provisions of existing law authorizing localities in Planning District 8 to require towing companies that tow from the county, city, or town to a storage or release location outside of the locality to obtain a permit to do so do not restrict or modify the authority of the locality to require that towing companies that tow and store or release vehicles within the county, city, or town to obtain from the locality a permit to do so.
Conservation of trees during land developmentprocess in certain localities. Expands authority of certain localitiesto adopt an ordinance providing for the planting and replacementof trees during the development process by allowing a tree canopyfund that currently applies to the planting of trees on public propertyto include maintenance of trees on public property and planting andmaintenance of trees on private property. The bill removes a provisionthat requires that any funds collected for the purposes of the tree canopy fund be returned to the original contributor if not spentwithin five years but maintains the requirement that such finds be spent within five years. The bill also includes an expansion ofthe canopy credit and a provision that will require a local treeconservation ordinance to meet the standards set out in the statute.
Emissions inspections; fees; agreement for servicesand interchange fees. Increases from $3,500 to $5,000 the amountthe emissions inspection program coordinator may be paid per yearfrom each motor vehicle emissions inspection station for the provisionand maintenance of each set of required equipment. The bill alsoallows such emissions inspection stations and on-road emissions inspectors to charge a credit card interchange fee that does not exceed fivepercent of the emissions inspection fee and that is not includedin the maximum amount that may be charged for the emissions inspection fee.
Contracts assigning rights to inheritance funds; legal rate of interest. Provides that any contract entered into on or after July 1, 2024, pursuant to which a person receives a cash advance for assigning to a company or other entity a portion of such person's rights to receive inheritance funds from a will in a pending probate matter shall be considered a loan and any additional funds such person is obligated to pay under the terms of the contract shall be considered interest. The bill provides that such contract shall be subject to the legal rate of interest.
Virginia Freedom of Information Act; definitions of meetings and public business. Exempts certain public meetings from the definition of "meeting" under the Virginia Freedom of Information Act to clarify that three or more members of a public body may appear and participate in such public meeting without violating the Act, provided that no public business is transacted or discussed. The bill also exempts members of a public body who attend a public meeting of a second public body without violating the Act, provided that no public business is transacted or discussed. Finally, the bill defines "public business" as activity that a public body has undertaken or proposed to undertake on behalf of the people it represents. The bill states that its provisions are declarative of existing law. This bill is identical to HB 818.
Department of Medical Assistance Services; Department of Behavioral Health and Developmental Services; 1915(c) Home and Community Based Services Medicaid Waivers; state plan amendments; program rule modifications. Directs the Department of Medical Assistance Services (DMAS) and the Department of Behavioral Health and Developmental Services to seek federal authority through the necessary state plan amendments under Titles XIX and XXI of the Social Security Act to modify the program rules for certain 1915(c) Home and Community Based Services Medicaid Waivers to (i) modify the 40-hour-per-week work limit to allow legally responsible individuals with more than one waiver-receiving child to receive reimbursement for 40 hours of work per week per child receiving a waiver; (ii) eliminate the requirement that, in order for a legally responsible individual to receive reimbursement for personal care services, no one else be available to provide services to the member; and (iii) modify the program rules to allow a legally responsible individual or stepparent to be the employer of record. The bill directs DMAS to evaluate the possibility of allowing for respite services under certain 1915(c) Home and Community Based Services Medicaid Waivers and submit its recommendations, cost estimate, and methodology used for obtaining the cost estimate to the General Assembly no later than November 1, 2024. This bill is identical to SB 488.
Pesticide control exemptions; herbicide applications by unpaid volunteers. Exempts from the provisions of state pesticide laws and regulations any unpaid volunteer who uses any nonrestricted herbicide with the express authorization of a local political subdivision for the sole purpose of controlling invasive plants or noxious weeds on properties owned by such local political subdivision. The bill provides that such unpaid volunteer shall use such herbicide under the direct supervision of a certified commercial applicator and the local political subdivision shall provide instruction by a certified commercial applicator to the unpaid volunteer prior to application on (i) the risks associated with the herbicide utilized, (ii) the proper use of equipment used to apply the herbicide, (iii) the proper use of personal protective equipment, (iv) other information to prevent an unreasonable adverse effect on the environment, and (v) any other information relevant to the specific herbicide utilized.
Unemployment compensation; continuation of benefits; repayment of overpayments. Makes permanent provisions of the Code that expired on July 1, 2022, relating to unemployment compensation. The bill provides that when a claimant has had a determination of initial eligibility for unemployment benefits, as determined by the issuance of compensation or waiting-week credit, payments shall continue, subject to a presumption of continued eligibility, until a determination is made that provides the claimant notice and an opportunity to be heard. The bill requires the Virginia Employment Commission to waive the obligation to repay any overpayment if (i) the overpayment was made without fault on the part of the individual receiving benefits and (ii) requiring repayment would be contrary to equity and good conscience. Conditions for when overpayments are considered "without fault on the part of the individual" are outlined in the bill. The bill further provides that the Commission shall notify each person with an unpaid overpayment of benefits that he may be entitled to a waiver of repayment and provide 30 days to request such a waiver. This applies to outstanding overpayments established for claim weeks commencing on or after March 15, 2020. The bill allows the Commission to suspend or forgo referring any unpaid overpayment of benefits established since March 15, 2020, to the collections process indefinitely. The bill specifies that all costs that result from implementing provisions of the bill shall be incurred by federal administrative grants and the general fund. Finally, the bill adds overpayments that the Commission has waived the requirement to repay to the list of situations where specific employers are not responsible for benefit charges, unless the erroneous payment was made because the employer failed to respond timely or adequately to a written request by the Commission for information relating to the claim.
Enterprise zones; extension. Provides that any enterprise zone in existence as of June 30, 2024, shall be extended for a period of four years in addition to any renewal periods currently authorized by law and authorizes the Governor, upon the recommendation of the Director of the Department of Housing and Community Development, to renew enterprise zones for up to four five-year renewal periods for zones designated on or after July 1, 2005, and for up to two five-year renewal periods for zones designated before July 1, 2005. This bill incorporates SB 722.
Emergency custody and temporary detention orders; evaluations; presence of others. Requires (i) the evaluator conducting the evaluation of an individual to determine whether such individual meets the criteria for temporary detention or (ii) the hospital emergency department and treating physician or other health care provider designated by the physician, when providing services to an individual who is being evaluated to determine whether the individual meets the criteria for temporary detention, to allow the individual's family member or legal guardian who is present and who may provide support and supportive decision making to be present with the individual unless the individual objects or the evaluator or treating physician determines that their presence would create a medical, clinical, or safety risk to the patient or health care provider or interferes with patient care. This bill is identical to SB 546.
