Certificate of public need; exception; physician-owned ambulatory surgery center. Exempts physician-owned ambulatorysurgery centers, as that term is defined in the bill, from the requirementof obtaining a certificate of public need before undertaking a project.
Redistricting; population data; reallocation of prisonpopulations. Provides for the preparation of adjusted population data forredistricting and reapportionment purposes to reflect the reallocation of personsincarcerated in federal, state, and local correctional facilities. The billprovides that a person incarcerated in a correctional facility whose legalresidence prior to entering custody was located within the Commonwealth will bedeemed to reside at such residence, and a person incarcerated in a correctionalfacility whose legal residence prior to entering custody was located outside ofthe Commonwealth or whose legal residence prior to entering custody cannot bedetermined will not be included in the population count for the locality inwhich the facility is located; instead, such persons shall be allocated to astate unit not tied to a specific determined geographic location in the samemanner as other state residents with an unknown address are allocated. Underthe current residence criteria of the U.S. Bureau of the Census, incarceratedpersons are counted at the facility in which they are incarcerated. The billdirects the Division of Legislative Services to prepare the adjusted populationdata, and the General Assembly and local governing bodies are required to usethis data as the basis for reapportioning and drawing new districts. TheDirector of the Department of Corrections and the Board of Corrections arerequired to provide to the Division certain information about each personincarcerated who was incarcerated in a state or local correctional facility onthe day the decennial census is taken, April 1 of a year ending in zero, forthese purposes. The Division is directed to request such information from eachagency operating a federal correctional facility in the Commonwealth, andpersons incarcerated in a federal correctional facility for whom a record isnot received shall be deemed to have a legal residence prior to enteringcustody that cannot be determined.
Interstate 81 Corridor; motor vehicle fuelssales tax. Limits the application of the additional motor vehiclefuels sales tax imposed under current law in all counties and citiesin Planning Districts 3, 4, 5, 6, and 7 to those counties or citiesin Planning District 3, 4, 5, 6, or 7 in which a portion of Interstate81 is located.
Harvest of menhaden after closure of fishery;penalty. Increases from a Class 1 misdemeanor to a Class 6 felonythe penalty for harvesting menhaden for bait or reduction purposesafter the portion of the total allowable landings for the sectorin which that person holds a license has been closed.
Standards and criteria for congressional andstate legislative districts. Provides criteria by which congressionaland state legislative districts are to be drawn, including equalpopulation, racial and ethnic fairness, respect for existing politicalboundaries, contiguity, compactness, and communities of interest.
Menhaden fishing in Chesapeake Bay prohibited. Prohibits catching menhaden with purse nets in the territorial watersof the Commonwealth lying west or within three miles of the ChesapeakeBay Bridge-Tunnel.
Redistricting; role of Supreme Court of Virginia. Directs the Supreme Court of Virginia to enact rules and proceduresfor implementing the constitutional requirement that the Court establishcongressional or state legislative districts in the event districts fail to be enacted. The rules and procedures enacted by the Courtare required to allow public participation in the Court's redistrictingdeliberations, to provide for the Division of Legislative Servicesto provide staff support and technical assistance to the Court, andto ensure districts established by the Court adhere to constitutional and statutory criteria. The bill directs the Court to appoint aspecial master to assist in the establishment of districts and authorizesthe Court to adjust the date of the primary election and various related deadlines as may be necessary to allow for the establishmentof districts. The bill has a contingent effective date of November15, 2020, provided that the voters approve the amendments to ArticleII of the Constitution of Virginia, amending Section 6 and adding Section 6-A, at the November 2020 general election.
Standards and criteria for congressional andstate legislative districts. Provides criteria by which congressionaland state legislative districts are to be drawn, including equalpopulation, racial and ethnic fairness, protection of racial andlanguage minorities to participate and elect a preferred candidate,contiguity, and compactness.
Industrial development authorities; appropriations. Requires a local governing body, prior to making any appropriationfor funds to an industrial development authority, to hold a publichearing with opportunity for public comment on the proposed appropriation.
Special use permits; freestanding medical facilities. Provides that no ordinance of a city whose governing body appoints all of the members of a hospital authority shall require that a special exception, special use, or conditional use permit be obtained for the development and construction of a freestanding medical facility on property where such use is permitted by right under the local zoning ordinance.
Comprehensive plan; solar facilities review.Exempts a solar facility that is 150 megawatts or less from the requirementthat it be reviewed for substantial accord with a locality's comprehensiveplan.
Unconstitutional laws; attorney fees and costs. Provides that in any litigation in which the constitutionality ofa law of the Commonwealth is at issue and in which the court findsthat the law is unconstitutional, the Commonwealth shall reimbursethe aggrieved party for attorney fees and costs.
