Del. Marcus Simon

Possession of controlled substances; penalties. Reduces the penalty for possession of a Schedule I or II controlled substance from a Class 5 felony to a Class 1 misdemeanor and the penalty for possession of a Schedule IV or V controlled substance from a Class 2 misdemeanor and a Class 3 misdemeanor, respectively, to a Class 4 misdemeanor. Consequently, the bill removes felony violations of possession of a controlled substance from the definition of barrier crime related to criminal history checks for eligibility for various types of employment, to volunteer or provide certain services, or to establish or operate certain types of regulated businesses. The bill also limits the previous convictions that make a person ineligible for disposition under the first offender statute to a previous conviction for possession of a controlled substance or manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute a controlled substance or an imitation controlled substance. Under current law, a previous conviction for any drug-related criminal offense, or under any statute of the United States or of any state relating to narcotic drugs, marijuana, or stimulant, depressant, or hallucinogenic drugs makes a person ineligible for such disposition. The bill also amends the required conditions of probation under the first offender statute. The bill changes the penalty for an attempt to commit a felony drug offense from imprisonment for not less than one nor more than 10 years to a Class 6 felony and removes the felony offenses for a prisoner to secrete or have in his possession any chemical compound that he has not lawfully received, any Schedule III controlled substance, or marijuana. The bill makes secreting or possessing a controlled substance or marijuana by a prisoner punishable the same as possession of such controlled substances or marijuana by a person who is not in prison. Lastly, the bill provides that the definition of "controlled substance" for purposes of the Drug Control Act shall not include mere residue of any drug, substance, or immediate precursor in Schedules I through VI that is not a weighable quantity or a countable dosage unit. The bill contains technical amendments.

Virginia housing opportunity tax credit.Establishes, starting in taxable year 2021, a Virginia housing opportunitytax credit, which is equal to the amount of the federal low-incomehousing tax credit allocated or allowed by the Virginia Housing DevelopmentAuthority to a low-income building that is eligible for the federalcredit. The credit would be nonrefundable and could be carried forwardfor up to five years.

Cystic Fibrosis Awareness Month. DesignatesMay, in 2021 and in each succeeding year, as Cystic Fibrosis AwarenessMonth in Virginia.

Right to work. Repeals the provisions ofthe Code of Virginia that, among other things, prohibit any agreementor combination between an employer and a labor union or labor organizationwhereby (i) nonmembers of the union or organization are denied theright to work for the employer, (ii) membership in the union or organizationis made a condition of employment or continuation of employment bysuch employer, or (iii) the union or organization acquires an employmentmonopoly in any such enterprise.

Green New Deal Act. Establishes a moratorium, effective January 1, 2022, on approval by any state agency or political subdivision of any approval required for (i) electric generating facilities that generate fossil fuel energy through the combustion of a fossil fuel resource; (ii) import or export terminals for fossil fuel resources; (iii) certain maintenance activities relating to an import or export terminal for a fossil fuel resource; (iv) gathering lines or pipelines for the transport of any fossil fuel resource that  require the use of eminent domain on private property; (v) certain maintenance activities relating to such gathering lines or pipelines; (vi) refineries of a fossil fuel resource; and (vii) exploration for any type of fossil fuel, unless preempted by applicable federal law. The measure also requires that at least 80 percent of the electricity sold by a retail electric supplier in calendar years 2028 through 2035 be generated from clean energy resources. In calendar year 2036 and every calendar year thereafter, 100 percent of the electricity sold by a retail electric supplier is required to be generated from clean energy resources. The clean energy mandates apply to a public utility or other person that sells not less than 1,000 megawatt hours of electric energy to retail customers or generates not less than 1,000 megawatt hours of electric energy for use by the person. The Director of the Department of Mines, Minerals and Energy is authorized to bring actions for injunctions to enforce these requirements. The measure requires the Department to adopt a Climate Action Plan that addresses all aspects of climate change, including mitigation, adaptation, resiliency, and assistance in the transition from current energy sources to clean renewable energy. The measure provides that any retail electric supplier that fails to meet any goal or benchmark is liable for a civil penalty equal to twice the cost of the financial investment necessary to meet such goal or mandate that was not achieved, or three times the cost of the financial investment necessary to meet such goal or benchmark that was not achieved if not met in an environmental justice community. The measure provides that it is the goal of the Commonwealth to achieve a 36 percent reduction in electric energy consumption in buildings by 2036. The measure requires the Department, in coordination with the Virginia Council on Environmental Justice (Council) to establish performance benchmarks for environmental justice communities and to establish programs for jobs for people in environmental justice communities. The measure requires the Council to develop and make available to each state agency training modules designed to facilitate the promotion of environmental justice. The measure requires the Department to establish the Transitioning Workers Program (the Program) to provide support for workers in the fossil fuel industry and affected communities and provide such workers job training, relocation support, income and benefit support, and early retirement benefits. The measure provides for funding such program by 20 percent of the revenue generated by the allowance auction established by the Director of the Department of Environmental Quality. The measure prohibits the Commission from approving construction of any new utility-owned generating facilities that emit carbon dioxide as a by-product of combusting fuel to generate electricity. The measure requires that all utility costs associated with the construction of, acquisition of, or agreements to purchase the energy, capacity, and environmental attributes of certain required generation and storage facilities are recovered through the utility's rates for generation and distribution services. The measure requires that under the renewable energy portfolio standard program, Dominion Energy Virginia and American Electric Power be required to produce their electricity from 80 percent renewable sources by 2028 and 100 percent by 2036. The measure increases the incremental energy efficiency savings that each investor-owned incumbent electric utility is required to achieve that start in 2022 at 2.4 percent for American Electric Power and Dominion Energy Virginia of the average annual energy retail sales by that utility in 2020 and increases those savings annually.

Publication of certain notices on locality'swebsite. Provides that in any instance in which a locality isrequired to publish certain notices related to local planning andzoning in a newspaper having general circulation in the locality,the locality may instead choose to meet such requirement by publishingthe notice on the locality's website.

Study; joint subcommittee; oversight of Medicaid managed care organizations and provider networks in the Commonwealth; report. Establishes a joint subcommittee to study oversight of Medicaid managed care organizations and provider networks in the Commonwealth, including (i) the current process by which the Department of Medical Assistance Services enters into contracts with managed care organizations for the delivery of services to Medicaid enrollees and the requirements of such contracts; (ii) the process by which managed care organizations enter into and terminate contracts with providers in the Commonwealth, including any procedural requirements that must be met before a provider agreement is terminated and any opportunity for communication and correction by the provider; (iii) managed care organizations' provider networks, including demographic information about enrolled providers and recent changes in managed care organizations' provider networks, including demographic information about providers that have been added to or removed from provider networks in recent years; and (iv) whether changes should be made to contracts between the Department of Medical Assistance Services and managed care organizations to ensure providers are able to meet agreements set forth in provider agreements while ensuring the safety and well-being of Medicaid enrollees, and to develop recommendations for improving the process by which providers of Medicaid services are recruited, enrolled in, participate in, and are terminated from provider networks to ensure access to a diverse array of services and providers for all Medicaid enrollees in the Commonwealth. The joint subcommittee shall complete its meetings by November 30, 2021, and the chairman shall submit to the Division of Legislative Automated Systems an executive summary of its findings and recommendations no later than the first day of the 2022 Regular Session of the General Assembly.

Study; Virginia State Crime Commission; alternative approaches to the Commonwealth's enforcement scheme for the possessionof controlled substances, including decriminalization; report.Directs the Virginia State Crime Commission to study the proprietyand effectiveness of alternative approaches to the Commonwealth'senforcement scheme for the possession of controlled substances, includingdecriminalization of the possession of such substances.

Study; Secretary of Health and Human Resources; pharmaceutical distribution payment system; report. Requeststhe Secretary of Health and Human Resources to convene a work groupto examine the pharmaceutical distribution payment system in the Commonwealth and innovative solutions to address the cost of prescriptiondrugs to Virginians at the point of sale.

Recognizing that global warming caused by humanactivity has resulted in a climate and ecological emergency.Expresses the sense of the General Assembly in recognizing that global warming caused by human activity that increases emissions of greenhousegases has resulted in a climate and ecological emergency.