Del. Mark L. Keam

Commemorating the life and legacy of Dr. RobertRussa Moton.

Virginia Residential Property Disclosure Act and VirginiaResidential Landlord and Tenant Act; required disclosures; impoundingstructures, dams, flood hazard areas, and stormwater management facilities.Requires the owner of residential real property who has actual knowledge thatthe property is located in one or more special flood hazard areas to provide adisclosure that states such information to a potential purchaser. The owner ofany residential real property upon which a stormwater management facility islocated is required to provide to a prospective purchaser a written disclosurethat includes specifications, requirements, and a schedule of audits of suchfacility. Such disclosures are to be made on forms provided by the Real EstateBoard on its website. The bill also requires the landlord of a dwelling unitthat has actual knowledge that the dwelling unit is on property that is locatedin a special flood hazard area to provide to a prospective tenant a writtendisclosure that states such information prior to the execution by the tenant ofa written lease agreement or, in the case of an oral lease agreement, prior tooccupancy by the tenant. Any tenant who is not provided the required disclosuremay terminate the lease agreement at any time within 60 days of discovery thatthe property is located in a special flood hazard area. The bill adds to therequired disclosures for the buyer to beware that the owner makes norepresentation with respect to the condition or regulatory status of anyimpounding structure or dam on the property or under the ownership of thecommon interest community that the owner of the property is required to join,and purchasers are advised to exercise due diligence in determining suchinformation.

Virginia Diverse Educator Scholarship Fund and Program established. Establishes the Virginia Diverse Educator Scholarship Fund and Program, to be administered by the State Council of Higher Education for Virginia, for the purpose of annually providing to each Historically Black College or University in the Commonwealth (Hampton University, Norfolk State University, Virginia State University, and Virginia Union University) such sums as are necessary for each such institution to annually provide scholarships on a competitive basis to no more than two students who (i) identify as African American, Asian, Hispanic or Latino, Native American or Native Alaskan, or Native Hawaiian or Pacific Islander; (ii) are accepted to or enrolled in such institution's education preparation program; and (iii) are eligible for a federal Pell Grant to attend such institution. The bill provides that each such scholarship would consist of the following sums: (a) the cost of tuition, mandatory fees, room and board, and textbooks at such institution; (b) the recipient's teacher licensure fees; (c) $5,000 toward teacher professional development activities for the recipient, including coursework, seminars, and conferences; and (d) $10,000 toward mentorship of the recipient by an experienced teacher who is deemed by the relevant school board to be highly effective and able to provide high quality mentorship. The bill requires each student who is awarded a scholarship pursuant to the Program to agree in writing to (1) teach in a public elementary or secondary school in the Commonwealth in which at least 75 percent of the enrolled students qualify for free or reduced price lunch or are members of families whose income is below the federal poverty guidelines established by the U.S. Department of Health and Human Services upon graduation for a period that is at least as long as the period during which the recipient used scholarship funds to attend a Historically Black College or University and (2) be mentored by an experienced teacher, as described in clause (d), during such period of employment.

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.

State Air Pollution Control Board; low-emissions vehicle program. Directs the State Air Pollution Control Board to implement a low-emissions motor vehicle program based on the motor vehicle standards authorized by Section 177 of the federal Clean Air Act.

Sales and use tax exemption for menstrual supplies.Provides that menstrual cups and pads, pantyliners, sanitary napkins,tampons, and other products used to absorb or contain menstrual flowshall be fully exempt from sales and use tax. Under current law, such menstrual supplies are subject to a reduced rate of 1.5 percent,which also applies to food purchased for human consumption and essential personal hygiene products.

Family caregiver tax credit. Creates a nonrefundable income tax credit beginning in taxable year 2020 for 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 credit equals 50 percent of eligible expenditures incurred by the caregiver, but shall not exceed $1,000. In order to qualify for the credit, the family caregiver must (i) not receive any compensation or reimbursement for the eligible expenditures and (ii) have federal adjusted gross income that is no greater than $75,000 for an individual or $150,000 for married persons. Both the caregiver and the eligible family member must be residents of Virginia. The bill requires the Tax Commissioner to establish guidelines for claiming the credit and provides that any unused credit may be carried forward by the taxpayer for five taxable years following the taxable year for which the credit was issued. The credit expires beginning with taxable year 2025.

Compensation of court-appointed counsel; waivers. Allows court-appointed counsel for parents in child welfare casesto submit a waiver application for additional compensation of $120in district court and $158 for cases appealed to the circuit court.

Paid family and medical leave program. Requires the Virginia Employment Commission to establish and administera paid family and medical leave program with benefits beginning January 1, 2023. Under the program, benefits are paid to eligible employees for family and medical leave. Funding for the program isprovided through premiums assessed to employers and employees beginningin 2022. The amount of a benefit is 80 percent of the employee'saverage weekly wage, not to exceed 80 percent of the state weeklywage, which amount is required to be adjusted annually to reflectchanges in the statewide average weekly wage. The measure caps theduration of paid leave at 12 weeks in any application year. The billprovides self-employed individuals the option of participating inthe program.

Clean School Bus Grant Fund and Program; establishment.Establishes the Clean School Bus Grant Fund and requires theDepartment of Education to establish the Clean School Bus Grant Programfor the purpose of (i) awarding grants from the Fund on a competitivebasis to school boards for (a) the complete replacement of existingdiesel school buses with electric school buses no later than 2030,(b) the implementation of recharging infrastructure or other infrastructureneeded to charge or maintain such electric school buses, and (c)workforce development and training to support the maintenance, charging,and operation of such electric school buses and (ii) developing educationoutreach to promote the Program. The bill contains provisions relatingto grant applications, priority, awards, and uses. The bill requiresthe Department of Education to make available to the public and annuallyreport to the General Assembly certain information relating to the Program. The bill has an expiration date of July 1, 2030.