Del. Rip Sullivan

Surrogacy brokers; repeal of prohibition against. Repeals the statute prohibiting any person, firm, corporation, partnership,or other entity from accepting compensation for recruiting or procuringsurrogates or accepting compensation for otherwise arranging or inducingan intended parent and surrogate to enter into surrogacy contracts.Under current law, any violation of such prohibition is a Class 1misdemeanor.

Equity in public school funding; student need; English language learner, special education, and at-risk students. Places several parameters on Standards of Quality funding calculations performed by the Department of Education, including (i) requiring the Department, when calculating the cost of salaries under the Standards of Quality funding formula, to include facilities staff and transportation staff salaries in the calculation of any cost of competing adjustment to salaries for instructional and support positions that is provided as part of the state share of basic aid pursuant to the general appropriation act; (ii) requiring the Department, when estimating the cost of any compensation supplement for instructional and support positions under the Standards of Quality funding formula, to include and estimate the cost of such a compensation supplement for facilities staff; (iii) prohibiting the Department from applying any cap on inflation rate adjustments to non-personal cost categories during the biennial process of rebenchmarking the direct aid to public education budget; and (iv) requiring the Department to utilize a three-year average of the most recently available data to calculate the composite index of local ability-to-pay for each school division. The bill also amends Standard of Quality 2 by (a) including in the definition of "support services position" any central office clerical position that is not otherwise set forth in such definition, (b) requiring a per-pupil Standards of Quality funding add-on to be provided for English language learner and special education students, (c) requiring, in addition to the positions supported by basic aid, state funding, pursuant to the general appropriation act, to be provided to cover the actual average school division cost to educate children with disabilities, and (d) establishing the At-Risk Program, defined in the bill as any state funding provided for programs of prevention, intervention, or remediation or pursuant to the at-risk add-on for the purpose of supporting programs for students who are educationally at risk. The bill requires (1) the determination of the amount of state funding for which a school division is eligible pursuant to such At-Risk Program to be based on the school division's identified student percentage, defined in the bill as the fraction, expressed as a percentage, that results from dividing the number of identified students enrolled in a school division by the total number of students enrolled in such school division, weighted by the factor of 1.5, and then adjusted by the addition of a percentage that corrects for undercounting English language learner students as identified students and (2) such funding to be distributed as follows: 60 percent on a flat per-student rate and 40 percent on a variable rate set out in the general appropriation act based on the concentration of poverty in the school division. The bill is a recommendation of the Joint Legislative Audit and Review Commission.

Public elementary and secondary schools; programs of instruction; mental health education; curriculum guidelines; instruction required. Requires each public elementary, middle, and high school to provide at each grade level, in addition to health instruction, an additional age-appropriate course of instruction on mental health. The bill directs the Board of Education to develop mental health curriculum guidelines for an age-appropriate, sequential mental health curriculum for each grade level and requires such curriculum guidelines to include instruction on (i) general themes of social and emotional learning, including self-awareness, self-management, responsible decision making, relationship skills, and social awareness; (ii) the signs and symptoms of common mental health challenges; (iii) mental health wellness and healthy strategies for coping with stress and negative feelings, including conflict resolution skills; (iv) the importance of and guidance on seeking assistance from an adult or mental health professional, including information on services offered within the school or the local school division; (v) the prevalence of mental health challenges and the importance of overcoming common stigmas surrounding such mental health challenges; (vi) the importance of mental health to a student's overall well-being, including physical health and academic success; and (vii) at such grade levels as the Board deems appropriate, the connection between mental health and substance use disorders and the safe use of and risks of abuse of prescription drugs. The bill permits the Board to consult with the Department of Behavioral Health and Developmental Services and other mental health experts in developing such curriculum guidelines and requires the Board to submit such guidelines to the State Board of Health for approval. The bill requires the Board to review and update by the beginning of the 2025–2026 school year the health Standards of Learning for each grade level to include such instruction on the mental health curriculum guidelines.

Electors for President and Vice President; bindingof electors; vacancies. Provides that an elector who is selectedby the state convention of any political party and who, at the conveningof the electors after the election, refuses to present a ballot,presents an unmarked ballot, or presents a ballot marked in violationof his oath stating that he would, if elected, cast his ballot forthe candidates for President and Vice President nominated by theparty that selected the elector, or as the party may direct in theevent of the death, withdrawal, or disqualification of the party nominee,is deemed to vacate the office of elector. The bill provides thatthe other electors present shall immediately fill such vacancy inthe same manner as a vacancy due to an elector's death or failureor inability to attend. The bill applies the same provisions to electorswho are named in a petition of qualified voters not constitutinga political party. The bill contains technical amendments that consolidateinto a single chapter the provisions of Title 24.2 relating to presidentialelectors.

Energy efficiency programs; incremental annualsavings. Provides that it is in the public interest and the policyof the Commonwealth to deploy demand-side management programs andenergy efficiency measures throughout the Commonwealth to achievethe greatest possible reductions in energy consumption. The billpermits the State Corporation Commission to increase or decreasean investor-owned electric utility's combined rate of return basedon the utility's success in complying with energy efficiency programtargets in existing law. Additionally, the bill states that "in thepublic interest" for the purpose of assessing energy efficiency programsmeans that the Commission determines that the program is cost-effective.Finally, the bill directs the Commission to promulgate regulationsno later than December 31, 2025, establishing a single, consistent cost-effectiveness test for use in evaluating proposed energy efficiency programs.

Annual retail sales and use tax holiday. Establishes an annual retail sales and use tax holiday that takes place on the first full weekend in August beginning on July 1, 2025, through July 1, 2030. During such weekend, state retail sales and use tax will not apply to certain (i) school supplies, (ii) clothing and footwear, (iii) qualified products designated as Energy Star or WaterSense, (iv) portable generators, or (v) hurricane preparedness equipment. This bill is identical to SB 116.

Barrier crimes; adult substance abuse and mental health services; exception. Permits the Department of Behavioral Health and Developmental Services, providers of substance abuse or mental health services to adults, and community services boards and behavioral health authorities to hire applicants convicted of certain barrier crimes of misdemeanor assault and battery or involving controlled substances provided that such conviction occurred more than four years prior to the application date for employment. This bill is identical to SB 626.

Conservation of trees during land developmentprocess in certain localities. Expands authority of certain localitiesto adopt an ordinance providing for the planting and replacementof trees during the development process by allowing a tree canopyfund that currently applies to the planting of trees on public propertyto include maintenance of trees on public property and planting andmaintenance of trees on private property. The bill removes a provisionthat requires that any funds collected for the purposes of the tree canopy fund be returned to the original contributor if not spentwithin five years but maintains the requirement that such finds be spent within five years. The bill also includes an expansion ofthe canopy credit and a provision that will require a local treeconservation ordinance to meet the standards set out in the statute.

Department of Environmental Quality; reviewand authorization of projects; hearing and appeal. Allows anyperson aggrieved by the final decision of the Department of EnvironmentalQuality and who has participated in a proceeding for a permit toconstruct or operate a small renewable energy project under proceduresadopted by the Department to seek judicial review of such actionin accordance with the Administrative Process Act in the Circuit Court of the City of Richmond. The bill requires the court to hearand decide such action as soon as practicable after the date of filing.The bill provides that a party in interest to such action will havethe right to appeal to the Supreme Court.

Division of Renewable Energy and Energy Efficiency;powers and duties. Requires the Department of Energy's Divisionof Renewable Energy and Energy Efficiency to identify and monitorany federal grant programs, loan programs, or other opportunitiesfor federal funding to further the Commonwealth's energy efficiencygoals. The bill also requires the Division to aid businesses in theCommonwealth, industries, utilities, academic institutions, stateand local governments, and private institutions in securing federalfunding for energy efficiency efforts as part of its duty to encourage efforts to develop energy resources and energy conservation programs.