Del. Kaye Kory

Department of Housing and Community Development; stakeholder advisory group; accessory dwelling units. Directs the Department of Housing and Community Development (Department) to convene a stakeholder advisory group to evaluate the construction of internal, attached, and detached accessory dwelling units as a strategy to address the Commonwealth's growing demand for affordable and market-rate housing. The bill requires the stakeholder advisory group to report its findings and recommendations, including any legislative recommendations, to the Director of the Department, the Secretary of Commerce and Trade, the commissioners of the Virginia Housing Development Authority, and the Virginia Housing Commission no later than November 1, 2021.

Virginia Overtime Wage Act; penalties. Requiresan employer to compensate its employees who are entitled to overtimecompensation under the federal Fair Labor Standards Act at a ratenot less than one and one-half times the employee's regular rateof pay, defined in the bill, for any hours worked in excess of 40hours in any one workweek. The bill includes provisions for calculatingovertime premiums due to fire protection and law-enforcement employeesby certain public sector employers. The penalties provided by thebill for an employer's failure to pay such overtime wages, includingcivil and criminal penalties, are the same as currently providedfor failing to pay wages generally. The statute of limitations forbringing a claim for a violation of the bill is three years.

Department of Motor Vehicles; privilegedinformation. Limits the release of Department of Motor Vehicles(DMV) privileged information to government entities and law-enforcementagencies for the purpose of civil immigration enforcement unless (i) the subject of the information provides consent or (ii) the requesting agency presents a lawful judicial order, judicial subpoena, or judicial warrant. The bill requires the DMV to notify the subject of therequest that such a request was made and the identity of the entitythat made the request. The bill requires any entity receiving privileged information from the DMV to enter into a written agreement withthe DMV prior to such release of such information and prohibits anyentity from rereleasing any such DMV information to any third partyunless explicitly permitted to do so in the entity's agreement withthe DMV. The bill contains requirements for any such written agreementbetween the DMV and the Department of State Police.

Nutrient credits; use by facility with certainstormwater discharge permit. Authorizes a facility that has beenissued a Virginia Pollution Discharge Elimination System (VPDES)permit regulating stormwater discharges to acquire, use, and transfernutrient credits for compliance with any waste load allocation establishedas an effluent limitation in its VPDES permit so long as the creditsmeet several requirements. Current law allows only a facility registeredunder the Industrial Stormwater General Permit to use nutrient creditsfor such purpose.

Board of Local and Regional Jails; review servicesprovided to inmates during pregnancy, pregnancy termination, labor and delivery, and postpartum recovery; report. Directsthe Board of Local and Regional Jails (the Board), in consultationwith a stakeholder work group, to (i) identify and analyze all obstetricand gynecological services and any other services provided by localand regional jails to inmates during pregnancy, pregnancy termination,labor and delivery, and postpartum recovery; (ii) compare such servicesto best practices recommended by the American Correctional Association,American Jail Association, National Commission on Correctional HealthCare, and American College of Obstetricians and Gynecologists; and(iii) develop recommendations to ensure that proper services areprovided to inmates during pregnancy, pregnancy termination, laborand delivery, and postpartum recovery. The bill directs the Boardto (a) post its findings and recommendations on its website and reportsuch findings and recommendations to the Secretary of Public Safety and Homeland Security and the Chairmen of the Senate Committee onthe Judiciary, Senate Committee on Rehabilitation and Social Services,House Committee for Courts of Justice, and House Committee on PublicSafety by July 1, 2022, and (b) adopt regulations consistent withits findings and recommendations.

Electric utilities; nonjurisdictional customers;third party power purchase agreements. Provides that for pilotprograms under which an owner or operator of a renewable energy generationfacility sells electricity to an eligible customer-generator through a third party power purchase agreement, both jurisdictional and nonjurisdictional customers may participate on a first-come, first-servebasis.

Virginia Highway Corporation Act; alteration of certificate of authority; powers and duties of the State Corporation Commission. Requires any application for a transfer, extension, or amendment of a certificate of authority issued under the Virginia Highway Corporation Act to include information demonstrating the financial fitness of the entity applying to operate the roadway. The bill requires an applicant for a toll increase to provide a forward-looking analysis return that will be reviewed by the Department of Transportation that demonstrates that the proposed rates will be reasonable to the user in relation to the benefit obtained, not likely to materially discourage use of the roadway, and provide the operator no more than a reasonable return. The bill also prohibits the State Corporation Commission from authorizing a toll increase if these criteria are not met or if the proposed increase is for more than one year. The bill requires an operator to receive approval from the Commission prior to refinancing any existing debt.

Practice of certified nurse midwives. Eliminatesthe requirement that certified nurse midwives practice pursuant toa practice agreement and provides that certified nurse midwives shall practice in accordance with regulations of the Boards of Medicineand Nursing and consistent with the Standards for the Practice ofMidwifery set by the American College of Nurse-Midwives and shallconsult and collaborate with and refer patients to such other healthcare providers as may be appropriate for the care of the patient.

Fines and costs; accrual of interest; deferralor installment payment agreements. Provides that no interestshall accrue on any fine or costs imposed in a criminal case or ina case involving a traffic infraction (i) for a period of 180 daysfollowing the date of the final judgment imposing such fine or costs;(ii) during any period the defendant is incarcerated; and (iii) fora period of 180 days following the date of the defendant's releasefrom incarceration if the sentence includes an active term of incarceration.Current law prohibits interest from accruing on such fines or costsfor a period of 40 days from the date of the final judgement imposing such fine or costs or during any period the defendant is incarcerated. The bill also removes the requirement thata defendant be unable to make payment of a fine, restitution, forfeiture, or penalty and costs within 30 days of sentencing in order to beeligible to enter into a deferred or installment payment agreementand allows any defendant to enter such payment agreements. The billremoves the one-time fee not to exceed $10 that a court may assesswhen a defendant is unable to make payment within 90 days of sentencingand provides that no fee shall be assessed in connection with a defendant'sparticipation in a deferred or installment payment agreement. Thebill removes the requirement that a defendant make a down paymentupon entering a deferred, modified deferred, or installment paymentagreement.

Electric utilities; broadband capacity pilotprogram. Expands an existing pilot program under which DominionEnergy and Appalachian Power are authorized to provide or make availablebroadband capacity to Internet service providers in areas of theCommonwealth that are unserved by broadband to include municipalInternet service providers. The current program is restricted tonongovernmental Internet service providers.