Retail sales and use tax; exemption for data centers. Requires a data center operator, in order to be eligible for the existing data center sales and use tax exemption, to (i) beginning July 1, 2027, not use co-located generating facilities that emit carbon dioxide, other than backup generators; (ii) beginning July 1, 2029, contract for a certain percentage of energy, capacity, and renewable energy certificates from clean energy resources, as evidenced by a certification from the State Corporation Commission, or contracts and service agreements; (iii) utilize only non-carbon dioxide-emitting backup power sources, such as energy storage resources, beginning on a date dependent on the data center's initial service date; and (iv) demonstrate, for any new data center issued a final certificate of occupancy or its equivalent on or after January 1, 2030, or for any data center operator seeking an amended memorandum of understanding, sufficient investment in environmental management and energy efficiency measures to provide system-wide benefits, as defined in the bill. Finally, the bill has a delayed effective date of July 1, 2027.
Del. Michelle Maldonado
Sponsored bills
Abolition of fees; legal representation of indigent defendant; jury trial costs; report. Eliminates the fees for the cost of court-appointed counsel or public defender representation for persons who are determined to be indigent. The bill also eliminates fees for persons who utilize a jury trial. The bill contains a reenactment clause for such elimination of fees.The bill also directs the Indigent Defense Commission, in consultation with the Executive Secretary of the Supreme Court or his designee, to convene a work group with all relevant stakeholders, including the Attorney General or his designee, the Secretary of Health and Human Resources or his designee; representatives from the Compensation Board, the Virginia Crime Commission, the Virginia Joint Legislative Audit and Review Commission, the Virginia Court Clerk's Association, the Virginia Association of Commonwealth's Attorneys, staff from the House Appropriations and the Senate Finance and Appropriations Committees, and the Virginia Probation and Parole Association; and a minimum of two criminal justice reform organizations working on fees and other financial assessments imposed in criminal prosecutions in Virginia; on several topics, including current collection practices, use of funds received as a result of such collections, and the burden of a fee assessment on indigent individuals. The bill requires the work group to submit an executive summary and report of its findings and recommendations to the Governor and the General Assembly by November 1, 2026, and a final report by November 1, 2027.
State Corporation Commission; cost allocation proceedings for certain electric utilities. Directs the State Corporation Commission to conduct proceedings to review cost allocation among different customer classifications for certain electric utilities. For Dominion Energy and Appalachian Power, the Commission is directed to determine if the cost allocation of transmission costs require customers that are not data centers to unreasonably subsidize the transmission costs attributable to serving customers that are data centers by January 1, 2027. For Dominion Energy, the Commission is directed to determine if the current allocation of generation and distribution costs require customers that are not data centers to unreasonably subsidize the generation and distribution costs attributable to serving customers that are data centers by January 1, 2028.
Fostering Access, Innovation, and Responsibility in Artificial Intelligence Act established. Establishes the Fostering Access, Innovation, and Responsibility in Artificial Intelligence Act (FAIR AI Act) that requires a developer of a base artificial intelligence model, as defined in the bill, to clearly and conspicuously disclose, in a manner that is appropriate for the medium of the content and is easily accessible to the user of such model, in the terms of service governing the use of such model, certain elements related to the artificial intelligence system. The bill creates the FAIR AI Enforcement Fund for the purpose of supporting agency enforcement of artificial intelligence system misuse, bias, and workforce disruption. Finally, the bill limits the defenses available in any criminal or civil action against a defendant that is alleged to have developed, modified, or deployed an artificial intelligence system that caused harm to a plaintiff. The bill has a delayed effective date of July 1, 2027.
Professions and occupations; impersonation of certain licensed professionals by chatbot; notice; civil liability. Provides that a proprietor that owns, operates, or deploys a chatbot, defined in the bill, shall not permit such chatbot to provide any substantive response, information, or advice, or take any action that, if taken by a natural person, would (i) constitute the unlawful practice of architecture, engineering, surveying, landscape architecture, geology, dentistry, medicine, nursing, optometry, pharmacy, physical therapy, certain mental health professions, psychology, social work, or veterinary medicine; (ii) violate the provisions of law making it unlawful for any person to practice medicine, osteopathic medicine, chiropractic, or podiatry or as a physician assistant in the Commonwealth without a valid unrevoked license or to practice law without being authorized or licensed; or (iii) violate the provisions of law making it unlawful for a teacher to be employed without a license or provisional license or relating to division superintendents, members of a school board or other school officers, or principals or teachers in a public school. The bill allows a person injured by a proprietor who engages in any such conduct to sue therefor no more than two years after the cause of action accrues and recover compensatory damages and reasonable attorney fees and costs. The bill also requires a proprietor operating or deploying a chatbot to provide a clear, conspicuous, and explicit notice to users that they are interacting with a chatbot but specifies that the provisions of such notice shall not be a defense to liability.
Supervised billing; Medicaid and health insurance plans. Requires the Department of Medical Assistance Services to permit a qualified licensed provider to bill for clinical services provided by a qualified non-licensed provider under the supervision of the qualified licensed provider and requires health insurance carriers to provide coverage for mental health services or substance use services provided by a qualified non-licensed provider under the supervision of a qualified licensed provider when such services would be covered if provided by a qualified licensed provider. Additionally, the bill reduces the time limit for a retroactive denial by a health insurance carrier from 12 months to 180 days.
Virginia Minimum Wage Act; enforcement; penalties. Provides that an employer that violates provisions relating to minimum wage is liable to the employee for the applicable remedies, damages, penalties, and other relief available in a proceeding brought pursuant to the civil action provisions currently available for the nonpayment of wages. Such provisions currently available provide that an employee may bring an action in a court of competent jurisdiction to recover payment of the wages, and the court is required to award the wages owed, an additional equal amount as liquidated damages, plus prejudgment interest thereon, and reasonable attorney fees and costs. Under current law, if the court finds that the employer knowingly failed to pay wages to an employee, the court is required to award the employee an amount equal to triple the amount of wages due and reasonable attorney fees and costs. The bill provides that criminal and civil penalties currently applicable to the nonpayment of wages shall apply to an employer that violates the Virginia Minimum Wage Act.
Consumer Data Protection Act; definition of "biometric data"; consent required for processing biometric data. Provides that, under the Consumer Data Protection Act, no consumer, controller, processor, or affiliate of the controller or processor shall process biometric data, defined separately in the bill, concerning an individual without obtaining the individual's consent, or, in the case of the processing of biometric data concerning a known child, without processing such data in accordance with the federal Children's Online Privacy Protection Act.
Department of Social Services; foster care; new luggage; report. Directs the Department of Social Services to establish and maintain a decentralized supply of new luggage to be used to transport the personal belongings of a child in foster care. The bill requires the Department to provide new luggage to a child who is entering or exiting foster care or moving from one foster care placement to another and prohibits the Department from using disposable bags or trash bags to transport any items for a child in foster care. The bill requires the Commissioner of Social Services to report certain information related to new luggage to the General Assembly by no later than December 1 of each year.
Comprehensive children's health care coverage program. Directs the Department of Medical Assistance Services (the Department) to establish a program to provide state-funded comprehensive health care coverage for individuals in the Commonwealth who are (i) under 19 years of age and (ii) not covered under a group health plan or health insurance coverage, or otherwise eligible for medical assistance services through the Commonwealth's program of medical assistance services established pursuant to Title XIX or XXI of the Social Security Act. The bill also requires the Department to ensure that all program information is made available in a manner that is accessible to individuals with limited English proficiency and individuals with disabilities through the provision of language access services, including oral interpretation and written translation, free of charge and to ensure that information obtained by the program remains confidential and is not disclosed for any purpose not related to the administration of the program or any purpose related to civil immigration enforcement unless the subject of the information consents to such disclosure or the requesting agency presents a valid judicial order, subpoena, or warrant. The bill requires the Department to seek all federal waivers and other approvals necessary to maximize federal financial participation in the cost of carrying out the program established by the bill.