State Corporation Commission; bulk energy storage resources. Requires the State Corporation Commission to establisha task force to evaluate and analyze the potential for bulk energystorage resources to, among other things, help integrate renewableenergy into the electrical grid. The measure requires the Commissionto submit the results of task force's evaluation and analysis tothe General Assembly by October 1, 2021.
Firearms; removal from persons posing substantial risk; penalties. Creates a procedure by which any attorney for the Commonwealth or two law-enforcement officers may apply to a general district court, circuit court, or juvenile and domestic relations district court judge or magistrate, who must consult with the attorney for the Commonwealth, for an emergency substantial risk order to prohibit a person who poses a substantial risk of injury to himself or others from purchasing, possessing, or transporting a firearm. Upon service of an emergency substantial risk order, the person who is subject to the order shall be given the opportunity to voluntarily relinquish any firearm. An emergency substantial risk order shall expire on the fourteenth day following issuance of the order. The bill requires a court hearing in the circuit court for the jurisdiction where the order was issued within 14 days from issuance of an emergency substantial risk order to determine whether a substantial risk order should be issued. Seized firearms shall be retained by a law-enforcement agency for the duration of an emergency substantial risk order or a substantial risk order or, for a substantial risk order and with court approval, may be transferred to a third party 21 years of age or older chosen by the person from whom they were seized. The bill allows the complainant of the original warrant to file a motion for a hearing to extend the substantial risk order prior to its expiration. The court may extend the substantial risk order for a period not longer than 180 days. The bill provides that persons who are subject to a substantial risk order, until such order has been dissolved by a court, are guilty of a Class 1 misdemeanor for purchasing, possessing, or transporting a firearm; are disqualified from having a concealed handgun permit; and may not be employed by a licensed firearms dealer. The bill also provides that a person who transfers a firearm to a person he knows has been served with a warrant or who is the subject of a substantial risk order is guilty of a Class 4 felony. The bill creates a computerized substantial risk order registry for the entry of orders issued pursuant to provisions in the bill.
Affordable housing dwelling unit ordinances. Allows certain localities to adopt affordable housing dwelling unit ordinances. The governing body of any locality, other than localities to which certain current affordable housing provisions apply, may by amendment to the zoning ordinances of such locality provide for an affordable housing dwelling unit program. Such program shall address housing needs, promote a full range of housing choices, and encourage the construction and continued existence of housing affordable to low-and-moderate-income citizens by providing for increases in density to the applicant in exchange for the applicant's voluntarily electing to provide such affordable housing. Any local ordinance may authorize the governing body to (i) establish qualifying jurisdiction-wide affordable dwelling unit sales prices based on local market conditions, (ii) establish jurisdiction-wide affordable dwelling unit qualifying income guidelines, and (iii) offer incentives other than density increases, such as reductions or waiver of permit, development, and infrastructure fees, as the governing body deems appropriate to encourage the provision of affordable housing.The bill provides that any zoning ordinance establishing an affordable housing dwelling unit program may include reasonable regulations and provisions as to any or all of the following: (a) for application of the requirements of an affordable housing dwelling unit program to any site, as defined by the locality, or a portion thereof at one location that is the subject of an application for rezoning or special exception or site plan or subdivision plat that yields, as submitted by the applicant, at an equivalent density greater than one unit per acre and that is located within an approved sewer area; (b) the waiver of any fees associated with the construction, renovation, or rehabilitation of a structure, including building permit fees, application review fees, and water and sewer connection fees; (c) for standards of compliance with the provisions of an affordable housing dwelling unit program and for the authority of the local governing body or its designee to enforce compliance with such standards and impose reasonable penalties for noncompliance, provided that such local zoning ordinance provide for an appeal process for any party aggrieved by a decision of the local governing body; and (d) various other provisions set out in the bill.Any zoning ordinance establishing such affordable housing dwelling unit program shall adopt the regulations and provisions set out in the bill to establish an affordable housing density bonus and development standards relief program. This bill is identical to HB 1101.
Charter; City of Charlottesville; city organization; council. Modernizes and reorganizes aspects of the charter of the City of Charlottesville. The bill updates and repeals various provisions to conform to state and federal law as well as current city organization. This bill is identical to SB 284.
Health insurance; credentialing; health care providers.Requires health insurers and other carriers that credential certain healthprofessionals in their provider networks to establish reasonable protocols andprocedures for reimbursing such a professional who has submitted a completedcredentialing application to a carrier, within 15 days of being credentialed bythe carrier, for services provided to covered persons during the period inwhich the applicant's completed credentialing application is pending. The billmakes this requirement applicable to a person, corporation, facility, orinstitution licensed by the Commonwealth to provide health care or professionalservices as a physician or hospital, dentist, pharmacist, registered nurse orlicensed practical nurse or person who holds a multistate privilege to practicesuch nursing under the Nurse Licensure Compact, nurse practitioner,optometrist, podiatrist, physician assistant, chiropractor, physical therapist,physical therapy assistant, clinical psychologist, clinical social worker,professional counselor, licensed marriage and family therapist, licensed dentalhygienist, health maintenance organization, or emergency medical care attendantor technician who provides services on a fee basis. Such a requirement existsin current law for participating physicians and participating mental healthprofessionals but without a time limit for reimbursement. The bill applies the15-day limit to such participating physicians and participating mental healthprofessionals.
Conveyance and transfers of real property by state agencies; Department of Military Affairs; lease of state military reservation property. Provides that, subject to general provisions governing the lease of property owned by the Commonwealth by state agencies, the Department of Military Affairs may convey a leasehold interest in any portion of State Military Reservation property to governmental or private entities when it is deemed to be in the Department's best interest to (i) provide necessary services such as lodging, training capabilities, or logistical utility services that support the Department's mission or (ii) maintain a peripheral buffer with compatible uses, including ground parking leases. The term of such lease may not exceed 50 years; however, any agreement may be extended upon the written recommendation of the Governor and the approval of the General Assembly. In the event that the Department enters into a written lease with a private individual, firm, corporation, or other entity, neither the real property that is the subject of the lease nor any improvements or personal property located on the real property that is the subject of the lease shall be subject to taxation by any local government authority, provided that the real property, improvements, or personal property is used for a purpose consistent with or supporting the Department's mission.
Vehicles used for agricultural and farm purposes; other uses. Authorizes the use of vehicles exempt from vehicle registration and used exclusively for agricultural or horticultural purposes to transport the vehicle owner between his residence and the land where such agricultural or horticultural activities take place. The bill clarifies that farm use of vehicles registered as farm motor vehicles includes transport between the operator's residence and the farm.
Virginia Commercial Driver's License Act; intent and purpose. Repeals the statement of intent and purpose in the Virginia Commercial Driver's License Act (the Act). The bill does not affect any substantive provisions of the Act. This bill is a recommendation of the Virginia Code Commission.
Guardianship; supported decision making. Creates theSupported Decision-Making Act, which allows an adult with an intellectual ordevelopmental disability to enter into an agreement with another person, calleda "supporter," for the purposes of having the supporter assist theadult in making decisions to manage his affairs, giving adults who needassistance a less restrictive means of receiving such assistance than beingappointed a guardian or conservator by a court. The bill further requires a guardian ad litem in a proceedingfor the appointment of a guardian or conservator to consider whether a lessrestrictive alternative, including the use of an advance directive or durablepower of attorney, is available to provide assistance to the respondent, and itrequires the guardian ad litem to include in his report to the courtinformation as to whether a supported decision-making agreement is a viableoption in lieu of guardianship or conservatorship.The bill also provides that if the respondent to aguardianship or conservatorship petition is between 17 and a half and 21 yearsof age and has an Individualized Education Plan (IEP), the guardian ad litemappointed to represent the respondent shall review the IEP and include theresults of his review in the report required to be submitted to the court, andit requires the Superintendent of Public Instruction to prepare transitionalmaterials, including information about supported decision-making agreements andguardianship to be provided to students and parents during the student's annualIEP meeting. The bill requires the court, upon appointment of a guardian orconservator, to inform such person of his duties and that the respondent shouldbe encouraged to participate in decisions, act on his own behalf, and developor maintain the capacity to manage his personal affairs if he retains anydecision-making rights. Finally, the bill sets out specific language to beincluded in all orders of appointment of a guardian.This bill is a recommendation of the Joint Commission onHealth Care.
Fort Monroe Authority; exemption from the Virginia Personnel Act. Exempts the officers and employees of the Fort Monroe Authority from the provisions and requirements of the Virginia Personnel Act. This bill is identical to SB 980.
Firearms shows; mandatory background check.Requires the Department of State Police to perform a criminal history record information check on the prospective purchaser ortransferee prior to the completion of any firearms transaction ata firearms show held in the Commonwealth. Current law requires theDepartment of State Police to be available at every firearms showheld in the Commonwealth to perform criminal history record informationchecks but does not require such checks to be performed unless requestedby a party involved in the transaction.
Uniform Directed Trust Act. Codifies theUniform Directed Trust Act, which expressly validates terms of a trustthat provide for a trust director, a term that is defined in theAct, and prescribes a set of rules for directed trusts, includingallocation of fiduciary duties.
