Del. Luke Torian

Civil action for the deprivation of rights;duties and liabilities of certain employers. Creates a civilcause of action for the deprivation of any rights, privileges, orimmunities pursuant to the constitutions and laws of the United Statesand the Commonwealth due to the acts or omissions of either a publicemployer or its employee and provides that a plaintiff may maintainan action to establish liability and recover compensatory damages,punitive damages, and equitable relief against the public employerand its employee. The bill provides that sovereign immunity is nota defense to such an action. The bill further provides that publicemployers owe a duty of reasonable care to third parties in the hiring,supervision, training, retention, and use of their employees andthat a person who claims to have suffered injury or sustained damagescaused, in whole or in part, by a breach of this duty may maintainan action to establish liability and recover compensatory damages,punitive damages, and equitable relief against such public employer.

Public procurement. Requires any bid or offer under the Virginia Public Procurement Act to identify all subcontractors, if any, involved in the bid or offer, the estimated amount of compensation to be paid to the subcontractors, a description of the work to be done by the subcontractors, and a copy of all agreements between the contractor and subcontractors related to the bid or offer.

Paid sick leave; health care providers and grocery store workers. Requires employers to provide paid sick leave to health care providers, grocery store workers, and home health workers who provide agency-directed services. Under current law, employers are only required to provide paid sick leave to home health workers who provide consumer-directed services. The bill removes requirements that workers work on average at least 20 hours per week or 90 hours per month to be eligible for paid sick leave. Additionally, the bill provides that certain health care providers may waive their right to accrue and use paid sick leave and provides an exemption for certain other health care providers.

Produce Rx Program established; report.Directs the Department of Social Services to establish a Produce Rx Program as a three-year pilot program to incentivize consumptionof qualifying fruits and vegetables by eligible individuals for whomincreased consumption of fruits and vegetables is recommended bya qualified care provider, as such terms are defined in the bill,and to report to the Governor and the General Assembly by December1 of each year on the operation of the Program.

Public school buses; seat belts. Requiresthe Board of Education to make regulations to require each new publicschool bus purchased for the transportation of students to be equippedwith a seat belt consisting of a lap belt and shoulder strap or harnessin every seat. The bill requires each school board to ensure thatno later than July 1, 2040, each school bus that it uses for thetransportation of students is equipped with a seat belt in every seat.

Workers' compensation; domestic service employees.Provides that individuals who are engaged in providing domesticservice, defined in the bill, are not excluded from the Virginia Workers' Compensation Act.

Housing opportunity tax credit; specialty populations. Expands availability beginning in taxable year 2022 of the nonrefundableVirginia Housing Opportunity Tax Credit, which is equal to the amountof the federal low-income housing tax credit allocated or allowedby the Virginia Housing Development Authority, to qualified specialtypopulation projects, defined in the bill as low-income buildingsthat are eligible for the federal credit that creates housing for individuals who (i) have been issued an intellectual disability or developmental disability waiver, (ii) require behavioral health treatmentor services, or (iii) require treatment or services for substanceuse and abuse recovery. No more than $2.5 million in credits shallbe granted per calendar year for such qualified specialty populationprojects.

Arrest and prosecution of individual experiencing a mental health emergency; assault or assault and battery against a law-enforcement officer. Provides that no individual shall be subject to arrest or prosecution for an assault or assault and battery against a law-enforcement officer if at the time of the assault or assault and battery (i) the individual (a) is experiencing a mental health emergency or (b) meets the criteria for issuance of an emergency custody order and (ii) the law-enforcement officer subject to the assault or assault and battery was responding to a call for service requesting assistance for such individual. The bill provides that no law-enforcement officer acting in good faith shall be found liable for false arrest if it is later determined that the person arrested was immune from prosecution.

Income tax; housing opportunity tax credits. Provides that for award cycles, defined in the bill as the 12-month period during which the Virginia Housing and Development Authority (the Authority) awards tax credits to eligible projects, beginning on and after January 1, 2021, but before July 1, 2025, and upon approving a federal low-income housing tax credit for a qualified project pursuant to the Authority's qualified allocation plan, the Authority shall award a housing opportunity tax credit for the owner of the qualified project so long as doing so will not result in exceeding the award cycle cap, defined as the sum of (i) $150 million, (ii) the amount, if any, by which the award cycle cap for the preceding award cycle exceeds the tax credits awarded by the Authority in that award cycle, and (iii) the amount of tax credits recaptured or otherwise disallowed in the preceding fiscal year. The bill provides that the housing opportunity tax credit award shall not be less than one-half of the aggregate amount of the federal low-income housing tax credit approved for the qualified project under the Authority's qualified allocation plan for all years of the project's credit period. The bill requires the Authority to send written notice of the award to the owner of the qualified project and provides that a housing opportunity tax credit shall be allowed for such qualified project for each year of the credit period, in an amount equal to the lesser of (a) the amount of federal low-income housing tax credit allocated or allowed by the Authority to such qualified project, except that there shall be no reduction in the tax credit allowable in the first year of the credit period due to the calculation in 26 U.S.C. § 42(f)(2), or (b) one-tenth of the tax credit amount stated in the award notice.

Study; Department of Rail and Public Transportation;Northern Virginia regional transit plan; report. Requests theDepartment of Rail and Public Transportation to study Northern Virginiaregional transit and develop a regional transit plan that includesan extension of Washington Metropolitan Area Transit Authority serviceto Prince William County and report its findings and recommendationsto the Governor and General Assembly by November 1, 2022.