Del. Rip Sullivan

Board of Education; instructional materialson climate change and environmental literacy; model policies andprocedures for selection. Requires the Board of Education tomake available to each local school board instructional materialson climate change and environmental literacy that are based on andinclude peer-reviewed scientific sources. The bill requires the Boardof Education to develop, adopt, and make available to each localschool board model policies and procedures, based on peer-reviewedscientific sources, pertaining to the selection of instructionalmaterials on climate change and environmental literacy, includinga requirement for any such selected material to accurately portray changes in weather and climate patterns over time, the impacts ofhuman activity on changes in weather and climate patterns, and theeffects of climate change on people and resources.

Local prohibition on the sale of English ivy;civil penalty. Authorizes any locality to adopt an ordinanceprohibiting the sale of English ivy, with violations punishable bya civil penalty not to exceed $50 for a first violation and not toexceed $200 for a subsequent violation within 12 months.

Conservation and replacement of trees duringdevelopment process. Expands existing local government authorityto conserve or replace trees during the development process by allowinglocalities to establish higher tree canopy replacement percentages,based on density per acre, lot size, or any other measurement relevantto the practices of the locality to achieve MS4 stormwater nutrientreductions, mitigate urban heat islands, increase resilience to climatechange, including reducing coastal and inland flooding, and mitigateair pollution. The bill also alters the current process for grantingexceptions to a local ordinance by removing a provision that requires the granting of an exception when strict application of the ordinancewould result in unnecessary or unreasonable hardship to the developerand replacing it with a determination by the locality that the strictapplication would be unreasonable in a specific instance. The bill makes numerous technical amendments.

Substantial Risk Order Reporting System established.Requires the Department of State Police to establish a SubstantialRisk Order Reporting System for the purpose of tracking and reportingsubstantial risk orders by locality and to publish such reports ona quarterly basis and distribute them in an electronic format tothe General Assembly and the Office of the Governor. The bill providesthat the Department shall remove the names and other personal identifyinginformation from the data before the reports are published.

Consumer Data Protection Act; protections for children. Prohibits, subject to a parental consent requirement, a data controller from processing personal data of a known child (i) for the purposes of targeted advertising, the sale of such personal data, or profiling in furtherance of decisions that produce legal or similarly significant effects concerning a consumer; (ii) unless such processing is reasonably necessary to provide the online service, product, or feature; (iii) for any processing purpose other than the processing purpose that the controller disclosed at the time such controller collected such personal data or that is reasonably necessary for and compatible with such disclosed purpose; or (iv) for longer than is reasonably necessary to provide the online service, product, or feature. The bill prohibits, subject to a parental consent requirement, a data controller from collecting precise geolocation data from a known child unless (a) such precise geolocation data is reasonably necessary for the controller to provide an online service, product, or feature and, if such data is necessary to provide such online service, product, or feature, such controller shall only collect such data for the time necessary to provide such online service, product, or feature and (b) the controller provides to the known child a signal indicating that such controller is collecting such precise geolocation data, which signal shall be available to such known child for the entire duration of such collection. The bill prohibits a data controller from engaging in the activities described in the bill unless the controller obtains consent from the child's parent or legal guardian in accordance with the federal Children's Online Privacy Protection Act. This bill has a delayed effective date of January 1, 2025, and is identical to SB 361.

Manufacture, import, sale, transfer, or possession of plastic firearms and unfinished frames or receivers and unserialized firearms prohibited; penalties. Creates a Class 5 felony for any person who knowingly manufactures or assembles, imports, purchases, 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 when subjected to inspection by the types of detection devices, including X-ray machines, commonly used at airports, government buildings, schools, correctional facilities, and other locations for security screening. The bill updates language regarding the types of detection devices that are used at such locations for detecting plastic firearms. Under current law, it is unlawful to manufacture, import, sell, transfer, or possess any plastic firearm and a violation is punishable as a Class 5 felony. The bill also creates a Class 1 misdemeanor, which is punishable as a Class 4 felony for a second or subsequent offense, making it unlawful for any person to knowingly possess a firearm or any completed or unfinished frame or receiver that is not imprinted with a valid serial number or to knowingly import, purchase, sell, offer for sale, or transfer ownership of any completed or unfinished frame or receiver, unless the completed or unfinished frame or receiver (i) is deemed to be a firearm pursuant to federal law and (ii) is imprinted with a valid serial number. The bill creates a Class 1 misdemeanor, which is punishable as a Class 4 felony for a second or subsequent offense, making it unlawful for any person to manufacture or assemble, cause to be manufactured or assembled, import, purchase, sell, offer for sale, or transfer ownership of any firearm that is not imprinted with a valid serial number. The portions of the bill prohibiting unfinished frames or receivers and unserialized firearms have a delayed effective date of January 1, 2025; however, the portions of the bill prohibiting the knowing possession of a firearm or any completed or unfinished frame or receiver that is not imprinted with a valid serial number have a delayed effective date of July 1, 2025. This bill is identical to SB 100.

Additional local sales and use tax to support schools; referendum. Authorizes all counties and cities to impose an additional local sales and use tax at a rate not to exceed one percent with the revenue used only for capital projects for the construction or renovation of schools if such levy is approved in a voter referendum. The bill removes the requirement that such a tax must have an expiration date on either (i) the date of the repayment of any bonds or loans used for such capital projects or (ii) a date chosen by the governing body. Under current law, only Charlotte, Gloucester, Halifax, Henry, Mecklenburg, Northampton, Patrick, and Pittsylvania Counties and the City of Danville are authorized to impose such a tax. This bill incorporates HB 60, HB 193, HB 458, HB 600, HB 616, HB 1159, and HB 1437 and is identical to SB 14.

Tax exemptions; Confederacy organizations. Eliminates the exemption from state recordation taxes for the Virginia Division of the United Daughters of the Confederacy and eliminates the tax-exempt designation for real and personal property owned by the Virginia Division of the United Daughters of the Confederacy, the General Organization of the United Daughters of the Confederacy, the Confederate Memorial Literary Society, and the Stonewall Jackson Memorial, Incorporated. This bill is identical to SB 517.

Purchase, possession, sale, transfer, etc.,of assault firearms and certain ammunition feeding devices prohibited;penalty. Creates a Class 1 misdemeanor for any person who imports,sells, manufactures, purchases, possesses, transports, or transfersan assault firearm, as that term is defined in the bill, and prohibitsa person who has been convicted of such violation from purchasing,possessing, or transporting a firearm for a period of three yearsfrom the date of conviction. The bill provides that an assault firearmdoes not include any firearm that is an antique firearm, has been rendered permanently inoperable, is manually operated by bolt, pump,lever, or slide action, or was manufactured before July 1, 2024.The bill also prohibits the sale of a large capacity ammunition feedingdevice, as that term is defined in the bill. The bill provides thatany person who willfully and intentionally (i) sells an assault firearmto another person or (ii) purchases an assault firearm from anotherperson is guilty of a Class 1 misdemeanor and that any person whoimports, sells, barters, or transfers a large capacity ammunition feeding device is guilty of a Class 1 misdemeanor. The bill alsomakes it a Class 1 misdemeanor for any person younger than 21 yearsof age to import, sell, manufacture, purchase, possess, transport,or transfer an assault firearm regardless of the date of manufactureof such assault firearm.

Energy efficiency standards; more stringentenergy efficiency requirements. Allows a locality by ordinanceto create and require stretch codes, as defined in the bill, as energyefficiency standards that are in addition to or more stringent thanthose in the Uniform Statewide Building Code, and use them as analternative means of compliance with a locality's building requirements.The bill requires periodic review of the codes and allows the localityto make amendments.