Del. Vivian Watts

Income taxes. Creates a new income tax bracket for taxable years beginning on and after January 1, 2024, for income in excess of $600,000, which is to be taxed at seven percent. The bill also creates two new tax credits: a child and dependent care tax credit and a family caregiver tax credit. Both tax credits would be refundable for Virginia residents and would be available for taxable years beginning on and after January 1, 2024, but before January 1, 2029. The child and dependent care tax credit would equal 50 percent of the federal tax credit allowed for employment-related expenses for household and dependent care services. A similar income tax deduction for employment-related expenses would be sunsetted by the bill. The family caregiver tax credit would apply to expenses incurred by an individual in caring for an eligible family member, defined in the bill, who requires assistance with one or more activities of daily living, also defined in the bill. The family caregiver tax credit equals 50 percent of eligible expenditures incurred by the caregiver up to $1,000. The family caregiver tax credit shall be available only to taxpayers that have federal adjusted gross income that is no greater than $100,000 for individuals or $200,000 for married persons.

Certified nursing facilities; administrative sanctions; facilities subject to minimum standards. Amends the administrative sanctions that may be imposed on certified nursing facilities in relation to compliance with staffing requirements. The bill directs the State Health Commissioner, in determining whether or not to impose sanctions, to make the determination of whether a certified nursing facility was located in a medically underserved area that severely limited the ability of the certified nursing facility to recruit and retain direct care staff. The bill requires nursing facilities subject to a corrective action plan to demonstrate compliance with the corrective action plan on a quarterly basis. Under the bill, in determining whether a corrective action plan is needed, the Commissioner shall consider certain evidence of direct care staff hours, unless the facility has had a change in ownership. The bill changes from three to two the number of corrective action plans after which, if a a certified nursing facility fails to show compliance or improvement, the Commissioner may place the facility on probation. The bill also includes all nursing homes eligible to receive Medicaid reimbursement for residents in the list of facilities subject to minimum standards for (i) construction and maintenance; (ii) operation, staffing, and equipping; and (iii) the qualifications and training of staff. The bill changes the effective date of certain provisions passed in the 2023 Session of the General Assembly relating to staffing requirements for certified nursing facilities from July 1, 2025, to July 1, 2024.

Virginia taxable income; standard deduction. Removes the sunset on elevated standard deduction amounts for single individuals and married persons that was scheduled to expire for taxable years beginning on and after January 1, 2026.

Shared solar programs; Dominion Energy Virginia; minimum bill; capacity. Amends existing shared solar program provisions for Dominion Energy Virginia (Phase II Utility). The bill provides that a customer's net bill for participation in the shared solar program means the resulting amount a customer must pay the utility after the bill credit, defined in relevant law, is deducted from the customer's monthly gross utility bill. The bill requires the State Corporation Commission to establish a minimum bill, below which a subscriber's net bill cannot go, that is calculated based on the amount of kilowatt-hours billed by the utility. The bill also changes the shared solar program capacity to at least 10 percent of each utility's adjusted Virginia peak load and requires the Commission's regulations to allow for program participation by all jurisdictional and nonjurisdictional customer classes. Under the bill, co-location of two or more shared solar facilities is permitted for shared solar program participation if the facilities are located on a single parcel of land or on adjacent parcels of land for facilities up to five megawatts. The bill requires the Commission to (i) establish regulations that prohibit early termination fees and credit reporting for low-income customers, (ii) require net financial savings for subscribers relative to the subscription fee, (iii) require a customer's affirmative consent before providing customer billing and usage data to a subscriber organization, and (iv) establish customer engagement rules. Under the bill, any net crediting fee imposed by the shared solar program shall not exceed one percent of the bill credit value and shall be charged to the subscriber organization. The bill also provides that a utility is permitted to seek recovery of bill credit costs in its triennial base review only if such costs would result in the utility being unable to meet its revenue requirement after accounting for all avoided costs that can be realized by ratepayers. The bill specifies that the Commission shall update its shared solar program consistent with the requirements of the bill by January 1, 2025, and shall require each utility to file any associated tariffs, agreements, or forms necessary for implementing the program by July 1, 2025. Additionally, the bill requires the Department of Energy to convene a stakeholder work group to determine the amounts and forms of project incentives for (a) projects located on rooftops, brownfields, or landfills; (b) projects that are dual-use agricultural facilities; or (c) projects that satisfy another category as established by the Department and to submit a written report to the Chairs of the House Committee on Commerce and Energy and the Senate Committee on Commerce and Labor no later than November 30, 2024.

Shared solar programs; American Electric Power; minimum bill; capacity. Requires the State Corporation Commission to establish by regulation a shared solar program, defined in the bill, that allows customers of American Electric Power (Phase I Utility) the opportunity to purchase electric power through a subscription in a shared solar facility, defined in the bill. The bill provides that a customer's net bill for participation in the shared solar program means the resulting amount a customer must pay the utility after the bill credit, defined in the bill, is deducted from the customer's monthly gross utility bill. The bill also requires the Commission to establish a minimum bill, below which a subscriber's net bill cannot go, that is calculated based on the amount of kilowatt-hours billed by the utility and specifies that low-income customers are exempt from such minimum bill. The bill prescribes a shared solar program capacity of at least 10 percent of each utility's adjusted Virginia peak load and requires the Commission's regulations to allow for program participation by all jurisdictional and nonjurisdictional customer classes. Under the bill, co-location of two or more shared solar facilities is permitted for shared solar program participation if the facilities are located on a single parcel of land or on adjacent parcels of land for facilities up to five megawatts. The bill requires the Commission to (i) establish regulations that prohibit early termination fees and credit reporting for low-income customers, (ii) require net financial savings for subscribers relative to the subscription fee, (iii) require a customer's affirmative consent before providing customer billing and usage data to a subscriber organization, and (iv) establish customer engagement rules. Under the bill, any net crediting fee imposed by the shared solar program shall not exceed one percent of the bill credit value and shall be charged to the subscriber organization. The bill also provides that a utility is permitted to seek recovery of bill credit costs in its triennial base review only if such costs would result in the utility being unable to meet its revenue requirement after accounting for all avoided costs that can be realized by ratepayers. The bill specifies that the Commission shall update its shared solar program consistent with the requirements of the bill by January 1, 2025, and shall require each utility to file any associated tariffs, agreements, or forms necessary for implementing the program by July 1, 2025. Additionally, the bill requires the Department of Energy to convene a stakeholder work group to determine the amounts and forms of project incentives for (a) projects located on rooftops, brownfields, or landfills; (b) projects that are dual-use agricultural facilities; or (c) projects that satisfy another category as established by the Department and to submit a written report to the Chairs of the House Committee on Commerce and Energy and the Senate Committee on Commerce and Labor no later than November 30, 2024.

MEI Project Approval Commission; board-levelgender and diversity requirements. Requires that the MEI ProjectApproval Commission considers, prior to recommending approval ofany major employment and investment (MEI) project, (i) whether abusiness has and commits to maintaining a balanced board of directorsbased upon gender and racial diversity, such that at least 30 percentof such board of directors consists of women and historically underrepresentedgroups, and (ii) whether a business seeking approval of a projectsubmits a board diversity disclosure and commits to updating such disclosure annually, specifying the number and percentage of diversedirectors on the board of such business who self-identify as femaleor represent a national, racial, ethnic, indigenous, or culturalminority in the country of the business's principal executive offices.

Substantial risk orders; training program.Directs the Department of Criminal Justice Services to establisha Substantial Risk Order Training Program for the purposes of traininglaw-enforcement agencies, judiciary staff, and other public institutionsthroughout the Commonwealth to use and implement the substantialrisk order law. The bill states that the programming shall providetraining regarding proper procedures to follow, the circumstancesunder which the law can be used, the benefits to public safety fromproper use of the law, and the harm that may ensue from the law notbeing used when lawfully available. The Program shall also includeefforts to educate the public on and increase awareness of the substantialrisk order law. Under the bill, $2 million of funds allocated tothe Commonwealth pursuant to the federal Byrne State Crisis InterventionProgram shall be used for Program purposes.

Robbery. Conforms certain provisions of the Code referencing robbery to the degrees of robbery offenses established by Chapter 534 of the Acts of Assembly of 2021, Special Session I. These changes include: (i) limiting to the three higher degrees of robbery certain non-robbery crimes for which committing such crime with the intent to commit a robbery is an element of the offenses, (ii) limiting the types of robbery that are included in the definition of "acts of violence" to the two higher degrees of robbery, (iii) clarifying how robbery offenses will be scored on the sentencing guidelines, (iv) allowing persons convicted of the two lesser degrees of robbery to be eligible for conditional release if they are terminally ill and for the enhanced earned sentence credits, (v) allowing persons who are ineligible for parole as a result of being convicted of three certain enumerated offenses to be eligible for parole if convicted of an offense that would constitute robbery by presenting of firearms, and (vi) limiting the application of the three-strikes law to the two higher degrees of robbery and making persons convicted under the three-strikes law eligible for parole if one of the three convictions resulting in the mandatory life sentence would constitute one of the two lesser degrees of robbery. The bill leaves unchanged the current law making all degrees of robbery predicate criminal acts by adding the two lesser degrees of robbery to the definition of "predicate criminal act" and specifying the two higher degrees of robbery are included in the definition of "act of violence." The bill requires the changes made to the eligibility for conditional release of terminally ill prisoners and enhanced earned sentence credits apply retroactively if certain criteria are met.

Commission on Electric Utility Regulation; evaluation of infrastructure necessary for electric vehicle charging facilities. Directs the State Corporation Commission and the Department of Housing and Community Development to provide technical assistance to the Commission on Electric Utility Regulation (the Commission) if the Commission evaluates the design and deployment of the electrical distribution infrastructure necessary to support the installation of electric vehicle charging facilities in new developments consisting of single-family and multifamily residential units. The bill requires the Commission to engage representatives from the residential and commercial development industries, private sector utility consultants, and other stakeholders if it conducts such an evaluation.

Noncitizens of the United States; terminology.Removes the term "alien" as it pertains to persons who are not citizensor nationals of the United States and replaces it with synonymouslanguage, as appropriate, throughout the Code of Virginia.