Expanded polystyrene food service containers; prohibition; civil penalty. Prohibits the dispensing by a food vendor of prepared food to a customer in a single-use expanded polystyrene food service container, as defined in the bill. The bill requires certain chain restaurants to stop using such containers by July 1, 2023, and sets the date for compliance by all food vendors as July 1, 2025. The bill exempts certain institutions, including correctional facilities and public schools, from the definition of "food vendor" and provides a process by which a locality may grant consecutive one-year exemptions to individual food vendors on the basis of undue economic hardship. The bill provides a civil penalty of $50 for each day of violation, to be collected in a civil action brought by the Attorney General or the relevant locality. The penalties collected are to be deposited in the Litter Control and Recycling Fund or to the treasury of the relevant locality, as appropriate. Finally, the bill directs the Department of Environmental Quality to post to its website information on compliance and the filing of complaints. This bill was incorporated into HB 533.
Sponsored bills
Virginia Minority Business Commission; report. Establishes a 13-member legislative Commission to promote the growthand competitiveness of Virginia minority-owned businesses. The bill provides that the Commission sunsets on July 1, 2023.
Prescription drug price transparency; penalties.Requires pharmaceutical drug manufacturers, pharmacy benefits managers, andhealth carriers to submit reports containing certain information concerningprescription drug costs to the Commissioner of the Bureau of Insurance (theCommissioner). The measure requires pharmaceutical drug manufacturers' reportsto include information on the current wholesale acquisition cost informationfor FDA-approved drugs sold in or into the Commonwealth by the pharmaceuticaldrug manufacturer. The bill also requires such manufacturers to submit a reportfor drugs with a wholesale acquisition cost of at least $50 for a 30-day supplywhen their wholesale acquisition cost increases by 25 percent or more over thepreceding three calendar years or 10 percent or more over the precedingcalendar year. The measure requires pharmacy benefits managers to report dataon the aggregated rebates, fees, price protection payments, and any otherpayments collected from pharmaceutical drug manufacturers and the aggregateddollar amount of rebates, fees, price protection payments, and any otherpayments collected from pharmaceutical drug manufacturers that were healthbenefit plan issuers or enrollees at the point of sale of a prescription drug.The measure requires health carriers to report the names of the 25 mostfrequently prescribed drugs across all plans, percent increase in annual netspending for drugs across all plans, percent increase in premiums attributableto drugs across all plans, percentage of specialty drugs with utilizationmanagement requirements across all plans, and premium reductions that wereattributable to specialty drug utilization management. The measure requires theCommissioner to publish the aggregated data from these reports on a website.The measure authorizes the State Corporation Commission (the Commission) to (i)call public hearings and to subpoena prescription drug manufacturers, pharmacybenefits managers, and health carriers to explain their reports; (ii) conductaudits of data submitted to it; (iii) require these entities to submit acorrective action plan to correct deficiencies in reporting; and (iv) imposepenalties of $30,000 per day on any prescription drug manufacturer, pharmacybenefits manager, or health carrier that fails to make a good faith effort tosubmit a required report within two weeks after receiving written notice fromthe Commission.
Elections; same-day registration; in-person absentee and election day voting. Provides an exception to the closing of registration records for any person who (i) is qualified to register to vote, (ii) is unregistered or registered in a locality in which the person no longer resides but is otherwise entitled to vote by absentee ballot, (iii) desires to vote absentee in person at the time that they present themselves to be registered, and (iv) provides proof of residency. The bill also permits same-day registrants to vote absentee and provides an excuse for election day absentee voting for such voters. The bill requires all voters who register to vote under the provisions of this bill to fill out an absentee application, including the required oath, in order to vote. This bill was incorporated into HB 201.
Minimum wage. Increases the minimum wage from its current federally mandated level of $7.25 per hour to $10.10 per hour effective January 1, 2021, unless a higher minimum wage is required by the federal Fair Labor Standards Act (FLSA). Effective January 1, 2022, the minimum wage shall be adjusted biennially to reflect annual increases in the consumer price index over the two most recent calendar years. The measure also provides that the Virginia minimum wage applies to persons whose employment is covered by the FLSA and to persons employed by the Commonwealth, its agencies or political subdivisions, or a public body. This bill was incorporated into HB 395.
Right to reproductive choice. Provides thatevery individual has a fundamental right to choose or refuse contraceptionand that a pregnant person has a fundamental right to choose to carrya pregnancy to term, give birth to a child, or terminate a pregnancy.The bill states that the Commonwealth shall not, in the regulationor provision of benefits, facilities, services, or information, denyor interfere with an individual's fundamental rights, including individualsunder state control or supervision. The bill states that any stateor local official who is charged with violating provisions of thissection shall be subject to an action in federal or state court forinjunctive relief and damages. Such action may be brought by any person or entity that may be aggrieved by such official's actions.
Virginia Fair Housing Law; unlawful discriminatoryhousing practices; sexual orientation and gender identity. Addsdiscrimination on the basis of an individual's sexual orientationor gender identity as an unlawful housing practice. The bill defines"sexual orientation" and "gender identity." This bill was incorporatedinto HB 1663.
Commending the Washington Nationals.
Constitution of the United States; Equal RightsAmendment. Ratifies the Equal Rights Amendment to the Constitutionof the United States that was proposed by Congress in 1972. The jointresolution advocates the position that the 1972 Equal Rights Amendmentremains viable and may be ratified notwithstanding the expirationof the 10-year ratification period set out in the resolving clause,as amended, in the proposal adopted by Congress.
Alcoholic beverage control; definition of "dayspa." Removes the requirement that in order to qualify as a dayspa for ABC purposes, a commercial establishment must offer to thepublic both licensed massage therapy and licensed barbering or cosmetology services. The bill provides that a commercial establishment qualifiesas a day spa so long as the commercial establishment offers to thepublic licensed barbering or cosmetology services.