Del. Atoosa Reaser

Protection of employees; coercion or threat based on immigration status; civil penalty. Prohibits an employer, including the Commonwealth and its agencies and political subdivisions, from using coercion or issuing a threat to an employee based on immigration status in furtherance of committing a violation of the Virginia Minimum Wage Act or provisions related to the payment of wages. An aggrieved employee is permitted to file a complaint with the Commissioner of Labor and Industry within 180 days of the alleged coercive action or threat. The bill authorizes the Commissioner to investigate such complaints and, if the allegation is substantiated, to impose a civil penalty in the following amounts: (i) up to $5,000 for the first violation, (ii) up to $9,000 for the second violation, and (iii) up to $12,000 for any subsequent violation. The bill provides that any such penalty assessed shall be paid to the Commissioner for deposit into the General Fund. The bill also authorizes the Commissioner to seek injunctive relief as may be necessary for enforcement.

Department of Social Services; requests for records or information concerning applicants for and recipients of public assistance; public notice required. Requires the Commissioner of Social Services to make a public notice available on the Department of Social Services' website within 10 days of receiving a request for a record or information concerning 25 or more applicants for or recipients of public assistance or child support for a purpose not directly connected to the administration of such programs. If a local department of social services receives a request for information that meets the requirements of the bill, such local department of social services is required to notify the Commissioner of such request. The bill establishes the form of such public notice and requires such notice to be made available (i) regardless of whether such information has been previously been shared; (ii) regardless of the identity of the requestor, unless such request is permitted under existing law; and (iii) even when a request is made in compliance with state and federal law and regulation.

Government Data Collection and Dissemination Practices Act; dissemination of personal information to federal government; civil penalties. Provides that any agency or political subdivision of the Commonwealth shall only disseminate personal information (i) to the extent necessary to comply with state or federal law, including the federal Health Insurance Portability and Accountability Act; (ii) to the extent necessary to carry out the administration of a state or federal program pursuant to state or federal law; (iii) to comply with a subpoena, court order, or administrative proceeding; (iv) to the extent necessary to ensure fulfillment of the obligations of a purchase or contract made in accordance with the Virginia Public Procurement Act or a memorandum of understanding or management agreement made in accordance with the Restructured Higher Education Financial and Administrative Operations Act; (v) when the data subject has given consent; or (vi) to the extent necessary to accomplish a proper purpose of the agency. The bill also prohibits an agency or political subdivision from selling personal information. The bill authorizes a court, in the case of a willful and knowing violation, to subject a specific public officer, appointee, or employee of any agency to civil penalties.

Smart Solar Permitting Platform established; residential solar energy systems; work group; report. Creates the Smart Solar Permitting Platform (the Platform) to serve as a tool for (i) contractors to obtain permits for the construction of streamline-eligible residential solar energy systems and (ii) localities to process applications for such permits. The bill requires the Department of Energy to establish, launch, and administer the Platform by July 1, 2027, as an internet-based platform that automates plan review and instantly releases a permit or a permit revision to construct certain residential solar energy systems that comply with any applicable building codes and state laws. The bill requires localities to allow contractors to submit an application to construct a residential solar energy system through the Platform or through an alternative automated solar permitting platform by July 1, 2028. The bill requires any locality that chooses to use an alternative automated solar permitting platform to submit an annual report to the Department no later than March 1 of each year. The bill directs the Director of the Department to convene a work group to determine the appropriateness of adding a surcharge to local government permitting fees to defray state costs for the Platform and to report its findings to the General Assembly on or before November 1, 2026. This bill is identical to SB 382.

Board of Education; School Performance and Support Framework; certain changes. Requires the Board of Education to consider certain enumerated changes to the School Performance and Support Framework that it adopted in order to implement its school accountability standards, including developing and applying new school performance label terminology that more clearly communicates school performance as part of a continuous scale and rebalancing the weight assigned to growth, at least equally with proficiency, to more fully account for each school's contribution to student learning. This bill incorporates HB 1323 and is a recommendation of the Joint Legislative Audit and Review Commission.

Paid family and medical leave insurance program; notice requirements; civil action. Requires the Virginia Employment Commission to establish and administer a paid family and medical leave insurance program with benefits beginning April 1, 2028. Under the program, benefits are paid to covered individuals, as defined in the bill, for family and medical leave. Funding for the program is provided through premiums assessed to employers and employees beginning April 1, 2028. The bill provides that the amount of a benefit is 80 percent of the employee's average weekly net earnings, not to exceed 100 percent of the statewide average weekly net earnings, which amount is required to be adjusted annually to reflect changes in the statewide average weekly wage. The bill caps the duration of paid leave at 12 weeks in any application year and provides self-employed individuals the option of participating in the program. This bill is identical to SB 2.

Department of Education; culturally responsive and language-appropriate mental health support and services; guidance and policies. Requires, no later than October 1, 2027, the Department of Education to develop, adopt, and provide to each local school board guidance on the adoption of policies governing the provision of culturally responsive and language-appropriate mental health support and services for students in the local school division and permits any school board to develop and adopt policies in the local school division that are consistent with the guidelines adopted and provided by the Department of Education.

Siting of data centers; site assessment; high energy use facility. Provides that, prior to any approval of a rezoning application, special exception application, or special use permit for the siting of a new high energy use facility (HEUF), as defined in the bill, a locality shall require that an applicant perform and submit a site assessment to examine the sound profile of the HEUF on residential units and schools located within 500 feet of the HEUF property boundary. The bill also allows a locality to require that a site assessment examine the effect of the proposed facility on (i) ground and surface water resources, (ii) agricultural resources, (iii) parks, (iv) registered historic sites, and (v) forestland on the HEUF site or immediately contiguous land. The provisions of the bill shall not apply to a site with an existing legislative or administrative approval where an applicant is seeking an expansion or modification of an already existing or approved facility and such expansion does not exceed an additional 100 megawatts or more of electrical power. Finally, the bill provides that its provisions shall not be construed to prohibit, limit, or otherwise supersede existing local zoning authority. This bill incorporates HB 511 and is identical to SB 94.

Department of Juvenile Justice; limiting room or cell confinement for minors committed to a juvenile correctional facility; report. Directs the Department of Juvenile Justice, in collaboration with relevant stakeholders, to establish clear standards to maximize the amount of time that a minor committed to a juvenile correctional facility spends out of the confinement of his room or cell. The bill directs the Department to study and consider the benefits to minors of limiting such confinement and the impact of such benefits on factors such as the safety of the facility and successful reentry into the community, and, in considering and studying such benefits, to develop a minimum number of hours per day that minors committed to a juvenile correctional facility shall spend out of the confinement of their rooms or cells. The bill directs the Department to report on certain data collected after developing and implementing such standards and other related training and programming to the Commission on Youth and the Chairs of the Senate Committee on Rehabilitation and Social Services and the House Committees on Health and Human Services and Public Safety by November 1, 2026. As introduced, this bill was a recommendation of the Commission on Youth.

Phase I and Phase II Utilities; energy efficiency upgrades; low-income residents; report. States that it is the policy of the Commonwealth to reduce, wherever feasible and cost-effective, heating-related costs of living for low-income residents. The bill requires Dominion Energy Virginia and Appalachian Power to make best, reasonable efforts to provide by December 31, 2031, prescriptive efficiency measures, as defined in the bill, and related efficiency improvements to at least 30 percent of the qualifying households, as defined in the bill, identified by such utilities, provided that the State Corporation Commission determines that such measures and improvements are in the public interest. The bill requires such utilities to report to the Commission its activities, plans, and filings regarding the bill's provisions no later than January 1, 2028, annually thereafter, and in any recurring filing that the Commission deems appropriate. The bill also requires that Dominion Energy and Appalachian Power make reasonable efforts to incorporate recommendations or feedback provided by the task force that evaluates barriers to access and enrollment in programs for income-qualified energy customers. This bill is identical to HB 2.