Del. David Bulova

Probation, revocation, and suspension of sentence; limitations. Limits the amount of active incarceration a court can impose as a result of a revocation hearing for a probation violation. The bill provides that if the court finds the basis of a violation of the terms and conditions of a suspended sentence or probation is that the defendant was convicted of a criminal offense or violated another condition other than a technical violation, the court may pronounce whatever sentence might have been originally imposed. The bill defines "technical violation" and provides specific limitations on the sentence a court may impose depending on whether the violation is a first, second, or third or subsequent technical violation. The bill also provides that a court may fix the period of probation for up to the statutory maximum period for which the defendant might originally have been sentenced to be imprisoned and any period of supervised probation shall not exceed five years from the release of the defendant from any active period of incarceration. The bill also provides that a court must measure any period of suspension of sentence from the date of entry of the original sentencing order.

Virginia Public Procurement Act; preference for energy-efficient and water-efficient goods. Provides that in the course of procuring goods, if a public body receives two or more bids for products that are Energy Star certified, meet Federal Energy Management Program (FEMP) designated efficiency requirements, appear on FEMP's Low Standby Power Product List, or are WaterSense certified, such public body may only select among those bids.

Building standards for certain state and local buildings. Requires that any executive branch agency or institution or locality entering the design phase for the construction of a new building greater than 5,000 gross square feet in size or the renovation of a building where the cost of the renovation exceeds 50 percent of the value of the building ensure that such building has sufficient electric vehicle charging infrastructure, defined in the bill, and has features that permit the agency or institution to track the building's energy efficiency and carbon emissions. The bill authorizes the Director of the Department of General Services to grant exemptions to such standards, in writing and with certain terms. The bill requires agencies to annually report to the Governor the energy efficiency and carbon emissions metrics for each such building built or renovated. The bill requires localities to design such building projects according to the same or similar standards, or more stringent standards if adopted by ordinance. The bill also requires that localities incorporate appropriate resilience and distributed energy features. The bill requires that any exemption from the standards granted by resolution of the governing body of a locality be made in writing and explain the basis for granting the exemption.

Virginia Residential Landlord and Tenant Act; tenant remedies for exclusion from dwelling unit, interruption of services, or actions taken to make premises unsafe. Provides that a general district court shall enter an order upon petition by a tenant that his landlord has (i) removed or excluded the tenant from the dwelling unit unlawfully, (ii) interrupted or caused the interruption of an essential service to the tenant, or (iii) taken action to make the premises unsafe for habitation. The bill allows entry of a preliminary order ex parte to require the landlord to allow the tenant to recover possession of the dwelling unit, resume any such interrupted essential service, or fix any willful actions taken by the landlord or his agent to make the premises unsafe for habitation if there is good cause to do so and the tenant made reasonable efforts to notify the landlord of the hearing. The bill requires that any ex parte order entered shall further indicate a date for a full hearing on the petition that is no later than 10 days from the initial hearing date. Finally, the bill provides that, at a full hearing on such petition, the tenant shall recover actual damages, the greater of $5,000 or four months' rent, and reasonable attorney fees.

Early childhood education; quality rating andimprovement system participation; School Readiness Committee.Delays until the 2022%962023 school year the requirement for allpublicly funded early childhood education providers to participate in a quality rating and improvement system to be established by theBoard of Education by July 1, 2021. The bill also delays from thefall of 2023 to the fall of 2024 the publication of initial qualityratings for such providers. The bill reinstates the School ReadinessCommittee and alters the composition and scope of the work of theSchool Readiness Committee.

Get Skilled, Get a Job, Give Back (G3) Fundand Program established. Establishes the Get Skilled,Get a Job, Give Back (G3) Fund and requires the Virginia Community College System to establish the G3 Program for the purpose of providing financial assistance from the Fund to certain low-income and middle-income Virginia students who are enrolled in an educational program at an associate-degree-granting public institution of higher educationthat leads to an occupation in a certain high-demand field. The billcontains provisions for student eligibility, financial assistanceaward amounts, and data reporting.

Nutrient credits; use by facility with certainstormwater discharge permit. Authorizes a facility that has beenissued a Virginia Pollution Discharge Elimination System (VPDES)permit regulating stormwater discharges to acquire, use, and transfernutrient credits for compliance with any waste load allocation establishedas an effluent limitation in its VPDES permit so long as the creditsmeet several requirements. Current law allows only a facility registeredunder the Industrial Stormwater General Permit to use nutrient creditsfor such purpose.

Chesapeake Bay; wastewater treatment; Enhanced Nutrient Removal Certainty Program. Requires the State Water Control Board to adopt by June 30, 2022, regulations establishing a Phase III Watershed Implementation Plan Enhanced Nutrient Removal Certainty Program (ENRC Program), consisting of a number of total nitrogen and total phosphorous waste load allocation reductions assigned to particular water treatment facilities with schedules for compliance. The bill provides that the ENRC Program shall operate in lieu of certain Chesapeake Bay waste load regulations. The bill directs the Board to modify affected discharge permits to incorporate the provisions of the ENRC Program and requires certain compliance plans due from treatment works by February 1, 2023, to address the requirements of the ENRC Program. The bill provides that the funding of certain design and installation costs for implementing nutrient upgrades pursuant to the ENRC Program shall be eligible for grants from the Water Quality Improvement Fund. The ENRC Program is required to proceed regardless of whether such grants will exceed the available funds in the Fund for a given fiscal year. The bill lists the projects and the total nitrogen or total phosphorus waste load allocation reductions that specified facilities are to complete. The bill provides that when grants to finance nutrient removal technology reach a sum sufficient to fund the completion of the ENRC Program at all publicly owned treatment works, certain General Assembly committees shall review funding needs and mechanisms. Finally, the bill directs the State Water Control Board to convene a stakeholder group during the adoption of regulations required to carry out the provisions of the bill and provides that such adoption by the Board shall be exempt from certain procedures of the Administrative Process Act. The bill provides that the priority projects and waste load allocation reductions that it sets forth shall be deemed to implement goals of the Chesapeake Bay Phase III Watershed Implementation Plan.

Virginia Agriculture Food Assistance Programand Fund; established. Requires the Commissioner of Agricultureand Consumer Services (the Commissioner) to establish the VirginiaAgriculture Food Assistance Program (VAFA Program) for Virginia farmersand food producers to donate, sell, or otherwise provide agricultureproducts to charitable food assistance organizations. The bill also creates the Virginia Agriculture Food Assistance Fund to disbursemoneys to such charitable food assistance organizations to reimbursefarmers or food producers for any costs associated with harvesting,processing, packaging, or transporting agriculture products donatedto such charitable food assistance organizations. The bill authorizesthe Commissioner to adopt guidelines and regulations to carry outthe VAFA Program.

Department of Fire Programs; prohibition onthe use of certain oriented strand board in fire service trainingactivities. Prohibits the use by any person, local government,or agency of the Commonwealth of Class A fuel materials that containoriented strand board, defined in the bill, during fire service training activities.