Technology

Joint Commission on Technology and Science; artificial intelligence; independent verification organizations. Directs the Joint Commission on Technology and Science (JCOTS) to evaluate the feasibility and impact of developing a framework for any person or entity seeking to act as an independent verification organization that assesses artificial intelligence models' or applications' adherence to standards reflecting best practices for the prevention of personal injury and property damage. The bill directs JCOTS to submit a report with its recommendations and any findings to the Chairs of the Senate Committees on Finance and Appropriations and General Laws and Technology and the House Committees on Appropriations and Communications, Technology and Innovation by November 1, 2026. This bill is identical to SB 384.

Zoning; wireless facility modifications; application process. Prohibits a locality from denying an application for the modification of an existing wireless facility if (i) the modification would not substantially change the physical dimensions of the existing wireless facility; (ii) the modification involves the co-location of new transmission equipment, the removal of transmission equipment, or the replacement of transmission equipment; and (iii) the request meets the requirements of the bill. The bill provides that a modification does not substantially change the physical dimensions of the existing wireless facility if it entails the excavation or deployment of transmission equipment within 30 feet, in any direction, of the existing wireless support structure or base station. The bill also provides various requirements for local approval within a specified timeframe, permits any applicant or locality to bring claims related to the bill to any court of competent jurisdiction, and prohibits any party, other than the applicant or locality, from having an actionable appeal for the issuance of permits or authorizations made pursuant to the bill.

School boards; use of social media platforms as sole means of certain communications prohibited. Provides that each school board shall prohibit public elementary and secondary schools, school board employees, and school volunteers from using a social media platform as the sole means of communication with students for the facilitation of school-related extracurricular activities. The bill provides an exception to such prohibition when such use is required to meet an objective that cannot be reasonably achieved without such use, provided that the division superintendent or his designee (i) provides clear, written instructions on such use and (ii) may revoke such exception at any time.

Elections; candidates and elected officials; address confidentiality. Prohibits the custodian of any filing made by a candidate from releasing the address, phone number, or email address of such candidate in response to a request made under the Virginia Freedom of Information Act. The bill permits a candidate to provide the unique identifier assigned to him in the voter registration system pursuant to relevant law in place of his residence address on any candidate filing. The State Board of Elections is prohibited from requiring candidates to disclose their address or unique identifier on petitions prior to their being filed. The bill also adds elected officials to the list of people who may furnish, in addition to their residence street address, a post office box address located within the Commonwealth to be included in lieu of their street address on the lists of registered voters. The certificate of election delivered to the winner of an election is required to be accompanied by a notice that the person meets the qualifications for being granted protected voter status along with instructions for updating their voter registration in order to attain such status. The bill has a delayed effective date of January 1, 2027. This bill is identical to HB 835.

Employment prohibition exceptions; apprenticeships; children 16 years of age or older. Permits a child 16 years of age or older to serve in an apprenticeship program or other work-based learning experience related to culinary arts or information technology, provided that (i) the child is continuously enrolled in an accredited secondary school, (ii) the child is a registered apprentice, (iii) the child is employed in a work-training program administered under the Board of Education, and (iv) the work being performed is not in violation of federal or state laws. This bill is identical to SB 10.

Damage or trespass to public services or utilities or critical infrastructure; penalties. Adds the intentional destruction of or damage to any fixture, equipment, or information technology system that is used to provide, process, transmit, or maintain public services, public utilities, cable television, broadband, or other critical infrastructure, as defined in relevant law, to the existing offense of damage or trespass to public services or utilities. The bill contains technical amendments and is identical to HB 317.

Division of Consumer Counsel; duties; artificial intelligence fraud and abuse. Expands the duties of the Division of Consumer Counsel to include establishing mechanisms for receiving and investigating complaints by the Commonwealth's consumers involving emerging technologies, including referring appropriate complaints to the federal, state, and local departments or agencies charged with the enforcement of applicable consumer laws.

Commonwealth of Virginia Innovation Partnership Act; Regional Innovation Fund; Commonwealth Commercialization Fund; matching funds. Provides that, for purposes of the Regional Innovation Fund and the Commonwealth Commercialization Fund, any awards from such funds of $100,000 or less shall not require matching funds.

Virginia Human Rights Act; equal credit opportunities; Virginia Fair Housing Law; nondiscrimination by automated decision systems. Provides that it is an unlawful discriminatory practice for any person to deploy, use, or rely on an automated decision system to make a decision pursuant to the Virginia Human Rights Act, provisions related to equal credit opportunities, or the Virginia Fair Housing Law that results in discrimination or an unlawful disparate impact or that intentionally or knowingly uses variables or data fields that serve as close proxies for protected characteristics. The bill requires a person that deploys, uses, or relies on such a system to (i) disclose the use of such system to any individual who is the subject of such decision; (ii) annually assess such system for bias, disparate impact, and discriminatory outcomes; and (iii) maintain for no fewer than two years from the date a decision is made certain documentation relating to such system.

Employment decisions; automated decision systems; civil penalty. Provides that the Director of the Department of Human Resource Management shall require any state agency that uses an automated decision system as a substantial factor in any employment decision, as those terms are defined in the bill, to (i) ensure that such system and the use of such system complies with federal and state law, (ii) make certain disclosures, (iii) provide an opt-out mechanism, (iv) annually test such system, (v) ensure data security, and (vi) train agency staff on such system. The bill requires the Department and local government employers to establish and publicize a process for applicants for employment and employees to file concerns and complaints regarding the use of automated decision systems in such employment decisions and a process for the investigation and resolution of any such concerns and complaints. The bill also provides that no final employment decision shall be made by an employer without the involvement of a human decision maker, and no employer shall solely use any recommendation or prediction from an automated decision system to make a final employment decision. The bill subjects violating employers to civil penalties.