Division of Offshore Wind; established. Establishes the Division of Offshore Wind in the Department of Mines, Minerals and Energy and gives it the following powers and duties: (i) to identify specific measures that will facilitate the establishment of the Hampton Roads region as a wind industry hub for offshore wind generation projects in state and federal waters off the United States coast; (ii) to coordinate state agencies' activities related to offshore wind; (iii) to develop and implement a stakeholder engagement strategy that identifies key groups, sets forth outreach objectives, and outlines a timeline for outreach and engagement; (iv) to identify regulatory and other barriers to the deployment of offshore wind and attraction of offshore wind supply chain businesses; and (v) to provide staff support for the Virginia Offshore Wind Development Authority and facilitate fulfillment of the Authority's purpose and duties.
Signals; overtaking vehicle. Removes the requirement that the driver of an overtaking vehicle use his lights or an audible method to signal to the driver of a slower vehicle to move to the right. The bill does not change the requirement that the slower-moving vehicle move to the right for an overtaking vehicle.
Engineers; exemption from regulation. Excludes engineering services rendered in connection with gas pipeline facilitiesfrom the exemption from regulation by the Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers and Landscape Architects. Currently, this exemption exists for the practice ofengineering solely as (i) an employee of a corporation engaged ininterstate commerce or (ii) an employee of a public service corporation,by rendering such corporation engineering service in connection withits facilities that are subject to regulation by the State CorporationCommission.
Public institutions of higher education; eligibility for in-state tuition. Provides that any student is eligible for in-state tuition who (i) attended high school for at least two years in the Commonwealth and either (a) graduated on or after July 1, 2008, from a public or private high school or program of home instruction in the Commonwealth or (b) passed, on or after July 1, 2008, a high school equivalency examination approved by the Secretary of Education; (ii) 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 two years prior to the date of registration or enrollment; and (iii) registers as an entering student or is enrolled in a public institution of higher education in the Commonwealth. The bill states that students who meet these criteria shall be eligible for in-state tuition regardless of their citizenship or immigration status, except students with currently valid visas issued under 8 U.S.C. § 1101(a)(15)(F), 1101(a)(15)(H)(iii), 1101(a)(15)(J) (including only students or trainees), or 1101(a)(15)(M). Information obtained in the implementation of the provisions of the bill shall only be used or disclosed to individuals other than the student for purposes of determining in-state tuition eligibility. This bill incorporates HB 1138 and is identical to SB 935.
Health insurance; nondiscrimination; gender identity or transgender status. Prohibits a health carrier from denying or limiting coverage or imposing additional cost sharing or other limitations or restrictions on coverage, under a health benefit plan for health care services that are ordinarily or exclusively available to covered individuals of one sex, to a transgender individual on the basis of the fact that the individual's sex assigned at birth, gender identity, or gender otherwise recorded is different from the one to which such health services are ordinarily or exclusively available. The measure also prohibits a health carrier from (i) subjecting an individual to discrimination under a health benefit plan on the basis of gender identity or being a transgender individual or (ii) requiring that an individual, as a condition of enrollment or continued enrollment under a health benefit plan, pay a premium that is greater than the premium for a similarly situated covered person enrolled in the plan on the basis of the covered person's gender identity or being a transgender individual. The measure requires health carriers to assess medical necessity according to nondiscriminatory criteria that are consistent with current medical standards.
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. This bill incorporates SB 844.
Plastic Waste Prevention Advisory Council. Establishes in the executive branch of state government the Plastic Waste Prevention Advisory Council to study and make recommendations regarding plastic pollution problems in the Commonwealth, with the mission of eliminating plastic waste and contributing to the achievement of plastics packaging circular economy industry standards. The bill has a sunset date of June 30, 2023.
Litter taxes; amount of tax. Increases the annual litter tax from $10 to $20 and the additional annual litter tax from $15 to $30. Both taxes are imposed on manufacturers, wholesalers, distributors, and retailers of certain products; however, the additional tax applies to fewer businesses.
Sex Offender and Crimes Against Minors Registry.Makes numerous changes to the provisions governing the Sex Offenderand Crimes Against Minors Registry. The bill changes the number ofclassifications of offenders who are required to register under theRegistry to match the number of classifications under federal lawand redesignates the classifications as Tier I, Tier II, and TierIII offenses. The bill also streamlines the reregistration process,eliminates the need for lower-level offenders to reregister annually,and allows offenders to electronically verify their registrationinformation. Finally, the bill allows the Virginia State Police touse public records to determine a victim's age if the victim's ageis not contained in the judgment of conviction in order to determinewhether a person is required to register under the Registry.
Coal ash ponds; well monitoring program; drinking water well testing. Requires each utility, defined in the bill as the owner or operator of a coal ash pond, to commission an independent well water test on behalf of the owner of any well located within 1.5 miles of such coal ash pond by January 1, 2021, and requires such test to be conducted once per year during each of the five years following the approval of the closure of the coal ash pond and once every five years thereafter. The bill provides that if any test exceeds groundwater quality standards for constituents associated with coal ash, the Virginia Waste Management Board shall instruct the utility to provide alternative water supplies to the owner of the well. The bill requires the Department of Environmental Quality to consider the results of the tests in its permitting, monitoring, or enforcement proceedings.
Virginia Public Procurement Act; architecturaland professional engineering term contracts; limitations. Increasesfrom four to five the number of times that a public body may renewa one-year term contract for architectural or professional engineeringservices related to multiple construction projects. The bill alsoadds an alternative option for public bodies to instead choose onefive-year term contract for such services with no option for renewals.The bill increases the aggregate limit for architectural and engineeringservices contracts for localities for projects performed in a one-yearcontract term from $6 million to $10 million. The bill also increasesthe aggregate limit for architectural and engineering services contractsfor environmental location, design, and inspection work regardinghighways and bridges by the Commissioner of Highways for projects performed in an initial two-year term contract from $5 million to$10 million.
Local school boards; mold testing; parental notification. Requires each local school board to develop and implement a plan to test and, if necessary, a plan to remediate mold in public school buildings in accordance with guidance issued by the U.S. Environmental Protection Agency. The bill requires each local school board to (i) submit such testing plan and report the results of any test performed in accordance with such plan to the Department of Health and (ii) take all steps necessary to notify school staff and the parents of all enrolled students if testing results indicate the presence of mold in a public school building at or above the minimum level that raises a concern for the health of building occupants, as determined by the Department of Health. The bill has an effective date of July 1, 2021.
