Del. Liz Guzmán

Comprehensive plan; transit-oriented development. Requires that each city with a population greater than 20,000 and each county with a population greater than 100,000 consider incorporating into the next scheduled and all subsequent reviews of its comprehensive plan strategies to promote transit-oriented development for the purpose of reducing greenhouse gas emissions through coordinated transportation, housing, and land use planning.

Wage or salary history inquiries prohibited; civil penalty. Prohibits a prospective employer with 25 employees or more from (i) requiring as a condition of employment that a prospective employee provide or disclose the prospective employee's wage or salary history, (ii) attempting to obtain the wage or salary history of a prospective employee from the prospective employee's current or former employers, (iii) requesting a prospective employee to complete an application for employment that includes a question inquiring about the prospective employee's wage or salary history, or (iv) asking a prospective employee in an employment interview any question intended to obtain information about the prospective employee's wage or salary history. Violations are subject to a civil penalty not to exceed $100 per violation. This bill incorporates HB 326 and HB 802.

Celebrating the life of the Honorable GeraldL. Baliles.

Employment; disclosure of terms. Requires every employer of employees who are 18 years of age or older who work for daily wages or are employed to work on a project for a total of 10 days or less, with some exceptions specified in the measure, to furnish to such employees, at the time of the employee's hiring, a written disclosure of information regarding the terms of employment, including the name and address of the employer, the rate of pay and basis thereof, and the regular payday. The measure also requires employers to notify its employees in writing of any changes to this information.

Fossil fuel projects moratorium; clean energy mandates; civil penalties; Green New Deal Act. Establishes a moratorium, effective January 1, 2021, 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 requires 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 residents of the Commonwealth and organizations shall have the legal standing to sue to ensure that its provisions and any Climate Action Plan are enforced. The measure requires (a) a 36 percent reduction in electric energy consumption in buildings by 2035, (b) the establishment of job training programs and energy worker protections, (c) transitional assistance for workers in the fossil fuel industry and affected communities, and (d) environmental justice protections. 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, defined in the bill.

Earned paid sick time. Requires public and private employers with six or more employees to provide those employees with earned paid sick time. The measure provides for an employee to earn at least one hour of paid sick leave benefit for every 30 hours worked. An employee shall not use more than 40 hours of earned paid sick time in a year, unless the employer selects a higher limit. Employees shall not be entitled to use accrued earned paid sick time until the ninetieth calendar day following commencement of their employment, unless otherwise permitted by the employer. The bill provides that earned paid sick time may be used (i) for an employee's mental or physical illness, injury, or health condition; an employee's need for medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; or an employee's need for preventive medical care; (ii) to provide care to a family member under similar circumstances; (iii) when there is a closure of the employee's place of business or the employee's child's school or place of care due to a public health emergency; or (iv) when an employee's or employee's family member's presence in the community may jeopardize the health of others because of their exposure to a communicable disease. The bill authorizes the Commissioner of Labor and Industry, in the case of a knowing violation, to subject an employer to a civil penalty not to exceed $150 for the first violation, $300 for the second violation, and $500 for each successive violation, if the second or successive violation occurs within two years of the previous violation. The Commissioner of Labor and Industry may institute proceedings on behalf of an employee to enforce compliance with this measure and to collect specified amounts from the employer, which shall be awarded to the employee. Alternatively, an aggrieved employee is authorized to bring a civil action against the employer in which he may recover double the amount of any unpaid earned sick time and the amount of any actual damages suffered as the result of the employer's violation. The measure has a delayed effective date of January 1, 2021. This bill incorporates HB 418 and HB 1684.

Minimum wage; tipped employees. Requiresemployers to pay a tipped employee at a rate not less than the minimumwage set forth in the Virginia Minimum Wage Act for time that thetipped employee regularly performs services in the course of hisemployment for which there is no reasonable expectation that theemployee will receive tips. The measure eliminates the ability ofan employer to apply the tip credit for untipped portions of thework performed by an employee who regularly receives more than $30a month in tips. Under current federal law, the minimum cash wagefor tipped employees is $2.13 and the maximum tip credit that anemployer can currently claim is $5.12 per hour based on a minimumwage of $7.25 per hour.

Science, technology, engineering, arts, andmathematics (STEAM) programs; grants. Establishes the STEAM EducationFund for the purpose of awarding grants in amounts not to exceed $50,000 annually to any public elementary or secondary school inthe Commonwealth at which at least 25 percent of students qualifyfor free or reduced lunch that provides an academic class, curriculum,or activity focused on a science, technology, engineering, arts,or mathematics (STEAM) discipline.

Absentee voting; no-excuse, in-person, beginningon second Saturday immediately preceding election; applicabilitydate; emergency. Provides that, beginning with the May 5, 2020,general election, no-excuse, in-person absentee voting will be availablebeginning on the second Saturday immediately preceding the election.The bill contains an emergency clause.

Demographic statements for bills; preparationby JLARC. Permits, beginning October 1, 2020, the Speaker of the House of Delegates, the Minority Leader of the House of Delegates,the Majority Leader of the Senate, and the Minority Leader of theSenate to request that a demographic statement, defined in the billas a statement that uses available data to outline the potentialeffects of a bill on specified demographic disparities within the Commonwealth, including a statement of whether the bill is likelyto increase or decrease such disparities, to the extent that suchdata is available, be prepared by the Joint Legislative Audit andReview Commission. Each requester may request the preparation ofup to five demographic statements per regular session of the GeneralAssembly. If a bill for which a demographic statement is preparedis introduced, the demographic statement shall be made availableto the public.