George Mason University; management agreement. Provides a management agreement between the Commonwealth and George Mason University pursuant to the Restructured Higher Education Financial and Administrative Operations Act (§ 23.1-1000 et seq.).
Communicating threats of death or bodily injuryto a person at any place of assembly, any building or other structure,or any means of transportation; penalties. Provides that any person 18 years of age or older who either (i) communicates to anotherby any means any threat to bomb, burn, destroy, shoot, stab, or inany other manner cause death or bodily injury to persons at any placeof assembly, any building or other structure, or any means of masstransportation or (ii) communicates to another by any means information,knowing the same to be false, about any plan to bomb, burn, destroy,shoot, stab, or in any other manner cause death or bodily injury topersons at any place of assembly, any building or other structure,or any means of mass transportation and makes either such communication with the intent to (a) intimidate a civilian population at large,(b) influence the conduct or activities of the government of theUnited States or any state or local government through intimidation,(c) compel the emergency evacuation of any place of assembly, anybuilding or other structure, or any means of mass transportationthrough intimidation, or (d) place any person in reasonable apprehension of death or bodily injury through intimidation is guilty of a Class5 felony. The bill provides that any person younger than 18 yearsof age who commits such offense is guilty of a Class 6 felony.
Recording an electronic document; electronic notarial certificate; emergency. Provides that if a clerk has an eRecording Sytem, the clerk shall follow the provisions of the Uniform Real Property Electronic Recording Act (§55.1-661 et seq.) The bill further provides that if a clerk does not have an eRecording System, the clerk shall record a legible paper copy of an electronic document, provided such copy otherwise meets the requirements for recordation and is certified to be a true and accurate copy of the electronic original by the party who submits the document for recordation. The bill requires an electronic notarial certificate to include the county or city in the Commonwealth where the notary public was physically located and indicate whether the notarization was done in person or by remote online notarization, defined in the bill as an electronic notarization where the signer is not in the physical presence of the notary. The bill also adds additional forms of "satisfactory evidence of identity" when a notary is using video and audio communication. The bill contains an emergency clause.
Health insurance; authorization of drug prescribed for the treatment of a mental disorder. Requires that any provider contract between a carrier and a participating health care provider with prescriptive authority, or its contracting agent, contain provisions that require, when a carrier has previously approved prior authorization for any drug prescribed for the treatment of a mental disorder listed in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association, no additional prior authorization can be required if (i) the drug is a covered benefit, (ii) the prescription does not exceed the U.S. Food and Drug Administration-labeled dosages, (iii) the prescription has been continuously issued for no fewer than three months, and (iv) the prescriber performs an annual review of the patient to evaluate the drug's continued efficacy, changes in the patient's health status, and potential contraindications. The bill provides that this requirement does not prohibit a carrier from requiring prior authorization for any drug that is not listed on its prescription drug formulary at the time the initial prescription is issued. The bill also provides that such provider contracts contain provisions requiring a carrier to honor a prior authorization issued by the carrier for a drug regardless if the drug is removed from the carrier's prescription drug formulary after the initial prescription for that drug is issued.
Tax exemptions for energy storage systems. Declares that energy storage systems are included in the definition of certified pollution control equipment and facilities, making energy storage systems exempt from state and local taxation. The bill defines "energy storage system" as equipment, facilities, or devices that are capable of absorbing energy, storing it for a period of time, and redelivering that energy after it has been stored. The tax exemption applies only to certain projects with alternating current (AC) storage capacity of more than five megawatts and less than 150 megawatts. The bill also allows localities to assess a revenue share of up to $1400 per megawatt on energy storage systems. The bill provides that on July 1, 2026, and every five years thereafter, the maximum amount of the revenue share that a locality may impose on energy storage systems as well as certain solar energy projects shall be increased by 10 percent. No increase may be made to any revenue share imposed by a locality on a solar energy project or energy storage systems for which an application has been filed with the locality and such application has been approved prior to January 1, 2021. The bill defines energy storage systems as electric suppliers whose property shall be assessed by the State Corporation Commission.
Children's Services Act; special education programs. Requires that funds expended for special education services under the Children's Services Act only be expended on educational programs that are licensed by the Department of Education. The bill adds children and youth previously placed in approved private school educational programs for at least six months who will receive transitional services, as that term is defined in the bill, in a public school setting to the target population for eligibility for the state pool of funds, provided, however, that such funds shall be allocated for such transitional services for no longer than 12 months. The bill requires the Secretary of Education, in conjunction with the Office of Children's Services and the Department of Education, to establish a work group (the Work Group) with, at minimum, certain identified stakeholders to develop a detailed plan to direct the transfer of Children's Services Act funds currently reserved for children requiring an educational placement in a private special education day school or residential facility to the Department of Education and to develop a standardized reporting process, template, and reporting requirement for private special education day school tuition rates to ensure that tuition rates can be accurately compared across schools and over time, among other duties. The bill requires that the Work Group submit its plan and recommendations to the Chairmen of the House Committee on Appropriations and Senate Committee on Finance and Appropriations by November 1, 2021.
Alcoholic beverage control; license fee reform;delay; emergency. Delays the effective date of the 2020 alcoholicbeverage control license and fee reform from July 1, 2021, to January1, 2022. During the period of delay and subject to certain requirements,the bill allows on-premises wine or beer licensees to sell wine orbeer for off-premises consumption and allows such licensees, as wellas off-premises wine or beer licensees, to deliver wine or beer thatthe licensee is authorized to sell without a delivery permit. The bill contains a technical amendment and an emergency clause.
Manufacture, import, sale, transfer, or possession of plastic firearms and unfinished frames or receivers and unserialized firearms; penalties. Creates a Class 5 felony for any person who manufactures, imports, sells, transfers, or possesses any firearm that, after removal of all parts other than a major component, as defined in the bill, is not detectable as a firearm by the types of detection devices, including X-ray machines, commonly used at airports for security screening. The bill updates language regarding the types of detection devices that are used at airports for detecting plastic firearms. The bill also creates several Class 1 misdemeanors, which are punishable as a Class 4 felony for a second or subsequent offense, making it unlawful (i) for any person to possess, sell, offer to sell, transfer, purchase, transport, or receive an unfinished frame or receiver or firearm, unless the party possessing or receiving the unfinished frame or receiver or firearm is a federal firearms importer or manufacturer or the unfinished frame or receiver or firearm is imprinted with a serial number issued by a federal firearms importer or manufacturer and (ii) for any person to manufacture, cause to be manufactured, assemble, or cause to be assembled a firearm that is not imprinted with a serial number issued by a federal firearms importer or manufacturer in compliance with all federal laws and regulations regulating the manufacture and import of firearms. The bill creates exceptions for (i) any firearm that has been rendered permanently inoperable, (ii) an antique firearm, or (iii) any firearm or unfinished frame or receiver manufactured before October 22, 1968.
Environmental justice; interagency working group. Establishes the Interagency Environmental Justice Working Group as an advisory council in the executive branch of state government to further environmental justice in the Commonwealth and directs each of the Governor's Secretaries to designate at least one environmental justice coordinator to represent the secretariat as a member of the Working Group. The bill directs the Working Group to focus its work during its first year on the environmental justice of current air quality monitoring practices in Virginia and provides that the Working Group shall expire on July 1, 2031. The bill directs each state agency, no later than October 1, 2021, to adopt an agency-specific environmental justice policy that requires an evaluation of the environmental justice consequences of any covered agency action, requires a consideration of the environmental justice consequences or cumulative impacts of the administration of regulations, and contains other features, including robust public participation plans for residents of environmental justice communities and fenceline communities potentially affected by a covered agency action. The bill prohibits the issuance of a permit for any covered activity, including construction of an electric generating facility or sanitary landfill, until the applicant has submitted and the permitting authority has approved a public involvement plan, a cumulative impact statement, and an environmental justice impact statement, if applicable. The bill requires the permitting authority to deny the application or approve it with or without conditions. Finally, the bill requires each local government adopting or reviewing a comprehensive plan to also adopt an environmental justice strategy.
Correctional facilities; use of isolated confinement. Prohibits the use of isolated confinement in state correctional facilitiesand juvenile correctional centers. Isolated confinement is definedin the bill as confinement of a prisoner or juvenile to a cell, alone or with another prisoner or juvenile, for 20 hours or more per dayfor an adult or for 17 hours or more per day for a juvenile, otherthan for the purpose of providing medical or mental health treatment.The bill provides for exceptions for when isolated confinement maybe permitted in state correctional facilities and juvenile correctionalcenters. The bill has a delayed effective date of July 1, 2022.
