Technology

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.

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.

College student-athletes; biometric data; protections and limitations. Prohibits any private institution of higher education, associate-degree-granting public institution of higher education, or baccalaureate public institution of higher education in the Commonwealth from disclosing to any individual or entity outside of the institution any enrolled student-athlete's biometric data, as defined in the bill, without the prior written consent of the student-athlete. The bill also prohibits any individual or entity from making the possession, use, or ownership of or the rights to any student-athlete's biometric data a condition of any contract with the student-athlete for the use of the student-athlete's name, image, or likeness without the prior written consent of the student-athlete in a writing that is separate and apart from such contract.

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.

Student instruction; internet safety; certain topics. Requires the internet safety component that is integrated into each school division's instructional program as required by its acceptable internet use policy to include instruction on key modern digital safety topics, including online scams, misinformation, and content generated by artificial intelligence.

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.

State government; transaction of public business; prohibited website domains. Prohibits a public body, defined in the bill, from maintaining an official website for public use with a domain other than a .gov, .edu, or .museum domain. The bill provides that any email address that a public body provides to its employees shall utilize a .gov domain and directs the Virginia Information Technologies Agency to promulgate regulations to implement the provisions of the bill. The bill has a delayed effective date of July 1, 2029.

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.