Board of Housing and Community Development; members. Expands from 14 to 15 the number of members serving on the Board of Housing and Community Development by adding another Director of Regulatory Compliance of the Virginia Building and Code Officials Association. The two Directors of Regulatory Compliance of the Association shall serve as ex officio voting members and shall be members of the Board's Codes and Standards Committee. The bill also removes the prohibition on such Directors from serving as either the chairman of such committee or of the Board.
Counties, cities, and towns; comprehensive plan; accessory dwelling units. Clarifies that the comprehensive plan prepared by a local planning commission and adopted by a local governing body may include the use of accessory dwelling units, defined in the bill, as part of any residential development and use designated within such plan. The bill contains technical amendments.
Electric utilities; request for proposals required for certain facilities. Requires an electric utility seeking approval to construct or purchase a generating facility that emits carbon dioxide to demonstrate that it has conducted a request for proposals designed to fairly evaluate all available supply-side and demand-side options prior to seeking approval for such generating facility. The bill requires the State Corporation Commission to review the request for proposals before the utility's issuance to ensure all available resources will be fairly evaluated.
Manufacturing, selling, giving, distributing, etc., of fentanyl, heroin, or related controlled substances; penalties. Provides that a person is guilty of felony homicide, which constitutes second degree murder and is punishable by confinement of not less than five nor more than 40 years, if the underlying felonious act that resulted in the killing of another involved the manufacture, sale, gift, or distribution of a Schedule I or II controlled substance to another and (i) such other person's death results from his use of the controlled substance and (ii) the controlled substance is the proximate cause of his death. The bill provides that venue for a prosecution of this crime shall lie in the locality where the underlying felony occurred, where the use of the controlled substance occurred, or where death occurred. The bill also provides that if a person gave or distributed a Schedule I or II controlled substance only as an accommodation to another individual who is not an inmate in a community correctional facility, local correctional facility, or state correctional facility, or in the custody of an employee thereof, and not with intent to profit thereby from any consideration received or expected nor to induce the recipient of the controlled substance to use or become addicted to or dependent upon such controlled substance, he is guilty of a Class 5 felony. The bill also requires the Office of the Chief Medical Examiner to investigate the cause and manner of a death in any case where the attorney for the Commonwealth or the investigating law-enforcement agency has probable cause to believe that the death resulted from such felony homicide. The bill also adds mandatory minimum fines for manufacturing, selling, giving, distributing, or possessing with the intent to manufacture, sell, give, or distribute a mixture or substance containing a detectable amount of heroin, fentanyl, or carfentanil based on the weight of such mixtures or substances.
Contracts assigning rights to earned wages; legal rate of interest. Provides that any contract entered into on or after July 1, 2025, 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 earned wages, salary, commissions, or other compensation for services shall be considered a loan and that 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.
Preliminary protective orders; hearings. Requires a court to schedule the dispositional hearings for preliminary protective orders on the same hearing or trial date as a related criminal offense until such related proceeding is resolved. The bill contains technical amendments.
Human smuggling; penalties. Makes it a Class 6 felony for any person who, with the intent to obtain a pecuniary benefit, knowingly and with the intent to evade the immigration laws of the United States uses a motor vehicle, aircraft, watercraft, or other means of conveyance to transport another person in or through the Commonwealth and knows or should have known that such person being transported is likely to be exploited for the financial gain of another. The bill provides that any person who commits human smuggling (i) in a manner that creates a substantial likelihood that the individual being smuggled will suffer serious bodily injury or death, (ii) by smuggling a child younger than 18 years of age at the time of the offense, or (iii) while knowingly possessing a firearm during the commission of the offense is guilty of a Class 3 felony. The bill also provides that any person who commits human smuggling and as a direct result of the commission of the offense the individual being smuggled (a) became a victim of human trafficking, commercial sex trafficking, sexual assault, or aggravated sexual assault or (b) suffered serious bodily injury or death is guilty of a Class 2 felony.
Electric utilities; electric distribution infrastructure serving data centers. Prohibits the costs associated with the construction or extension of any electric distribution infrastructure that primarily serves the load of a data center from being recovered from any other customer.
Health insurance; cost sharing for breast examinations. Prohibits health insurance carriers from imposing cost sharing for diagnostic breast examinations and supplemental breast examinations, as those terms are defined in the bill, under certain insurance policies, subscription contracts, and health care plans delivered, issued for delivery, or renewed in the Commonwealth on and after January 1, 2026. The bill provides that such examinations include examinations using diagnostic mammography, breast magnetic resonance imaging, or breast ultrasound. This bill is a recommendation of the Health Insurance Reform Commission. This bill was incorporated into SB 1436.
Public schools; Standards of Quality; certain calculations; support services. Requires the Department of Education, (i) in calculating the deduction of federal funds in the Standards of Quality funding formula, to examine actual school division spending on support costs as a percentage of actual school division spending on all public education costs, with certain exceptions such as food service, and (ii) in calculating the costs in the Standards of Quality funding formula beginning with fiscal year 2029, to include all employee benefit costs incurred by a majority of school divisions, including costs related to retirement, health care, life insurance, and payout of earned but unused leave. The bill also requires support services positions to be funded based on a calculation of prevailing costs and prohibits such positions from being subject to any method of funding calculation that caps the number of funded support services positions based on a ratio of such positions to students enrolled in the school division, with the exception of certain support services positions enumerated in the bill. This bill was incorporated into HB 1954.
Discovery; electronic means; report. Requires all attorneys for the Commonwealth to provide discovery materials for all courts to counsel of record for the accused by electronic means unless such materials are prohibited from being distributed by law or impossible to provide by electronic means. The bill directs the Supreme Court of Virginia to promulgate rules to implement this provision by July 1, 2027. The bill has a delayed effective date of January 1, 2028.The bill also requires the Executive Secretary of the Compensation Board, or a designee, to convene a work group to determine the costs associated with any changes in operations and technology infrastructure necessary to implement the provisions of the bill. The bill requires the Executive Secretary of the Compensation Board to provide an interim report to the General Assembly by November 30, 2025, and a final report to the General Assembly by August 1, 2026. This bill was incorporated into SB 963.
Motor vehicle accidents; actions brought by uninsured motorists; limited damages. Places limits on the amount of recoverable damages in a motor vehicle accident resulting in personal injury or property damage when the person injured or whose property was damaged is an uninsured motorist. The bill provides that the limits do not apply if (i) the tortfeasor was driving under the influence of drugs or alcohol, (ii) the tortfeasor failed to stop and report the injury or damage after such accident, or (iii) the injury or damage was a result of an intentional act taken by the tortfeasor to injure the person or damage such person's property.
