Del. Nick Freitas

Regulation of electric utilities; developmentof renewable energy facilities; powers of State Air Pollution ControlBoard; powers of State Corporation Commission. Repeals provisions(i) requiring the State Air Pollution Control Board to adopt regulationsto reduce carbon dioxide emissions from any electricity generatingunit in the Commonwealth and authorizing the Board to establish anauction program for energy allowances; (ii) prohibiting the StateCorporation Commission from approving any new utility-owned generation facilities that emit carbon dioxide as a by-product of energy generation,in certain circumstances; (iii) declaring that statutory allowancesfor energy derived from sunlight, onshore wind, offshore wind, andstorage facilities are in the public interest; and (iv) relatingto the development of solar and wind generation and energy storagecapacity, development of offshore wind capacity, and generation ofelectricity from renewable and zero carbon sources. The bill provides that planning and development activities for new nuclear generationfacilities are in the public interest.

Collective bargaining; law enforcement; transparencyand accountability. Prohibits a county, city, or town from enteringinto a collective bargaining contract with a labor union or otheremployee association representing law-enforcement officers or employeesof a law-enforcement agency that (i) prevents the Attorney Generalfrom seeking equitable relief against a law-enforcement agency engagingin a pattern or practice of unconstitutional misconduct; (ii) includesany stipulation that delays officer interviews or interrogationsafter alleged wrongdoing for a set length of time; (iii) providesofficers with access to evidence before interviews or interrogations about alleged wrongdoing; (iv) mandates the destruction or purgingof disciplinary records from personnel files after a set length oftime, or limits the consideration of disciplinary records in futureemployment actions; (v) prohibits the interrogation, investigation,or punishment of officers on the basis of alleged wrongdoing if aset length of time has elapsed since its alleged occurrence, or sincethe initiation of the investigation; (vi) prohibits supervisors frominterrogating, investigating, or disciplining officers on the basisof anonymous civilian complaints; or (vii) requires arbitration of disputes related to disciplinary penalties or termination.

Firearms; removal from persons posing substantialrisk; penalties. Repeals the procedure by which any attorney for the Commonwealth or law-enforcement officer may apply to a generaldistrict court, circuit court, or juvenile and domestic relationsdistrict court judge or magistrate for an emergency substantial riskorder to prohibit a person who poses a substantial risk of injuryto himself or others from purchasing, possessing, or transportinga firearm. The bill also removes the substantial risk order registryfor the entry of orders issued.

Reporting lost or stolen firearms; civil penalty.Repeals the requirement that, if a firearm is lost or stolenfrom a person who lawfully possessed it, such person shall reportthe loss or theft of the firearm to any local law-enforcement agencyor the Department of State Police within 48 hours after such person discovers the loss or theft or is informed by a person with personalknowledge of the loss or theft. Under current law, a violation ispunishable by a civil penalty of not more than $250.

Education improvement scholarship tax credits; eligible students in need of a safer school environment. Declares eligible for a scholarship from a scholarship foundation that receives an education improvement scholarship tax credit, on the same basis as any other eligible student, eligible students in need of a safer school environment, defined in the bill as any student who, while enrolled in a public elementary or secondary school in kindergarten through grade 12, was the victim of assault, battery, bullying, harassment, hazing, kidnapping, or robbery on school property, on a school bus, or at a school-sponsored activity, as substantiated by an investigation and written report by the school principal. The bill provides that (i) eligible students in need of a safer school environment are permitted to use such scholarships to cover the expenses associated with attending another public school within or outside of his school division of residence and (ii) there are no family income restrictions on scholarships for eligible students in need of a safer school environment. The bill clarifies that no public elementary or secondary school or local school division is prohibited or precluded from offering various educational alternatives to an eligible student in need of a safer school environment.

Department of Education; policy on sexually explicit content in instructional material. Requires the Department of Education to develop and each local school board to adopt model policies for ensuring parental notification of any instructional material that includes sexually explicit content and include information, guidance, procedures, and standards relating to (i) ensuring parental notification; (ii) directly identifying the specific instructional material and sexually explicit subjects; and (iii) permitting the parent of any student to review instructional material that includes sexually explicit content and provide, as an alternative, nonexplicit instructional material and related academic activities to any student whose parent so requests. The bill provides that the local school board model policies may be more comprehensive than the model policies developed by the Department. The bill requires the Department to develop such model policies no later than July 31, 2022, and requires each local school board to adopt policies consistent with this act no later than January 1, 2023. The bill states that the provisions of the bill shall not be construed as requiring or providing for the censoring of books in public elementary and secondary schools.

Conformity of the Commonwealth's taxation system with the Internal Revenue Code; Rebuild Virginia grants and Paycheck Protection Program loans; emergency. Advances Virginia's date of conformity with the Internal Revenue Code from December 31, 2020, to December 31, 2021. The bill also deconforms from provisions of the (i) federal Coronavirus Aid, Relief, and Economic Security Act (CARES Act) related to the net operating loss limitation and carryback, a loss limitation applicable to taxpayers other than corporations, the limitation on business interest, and certain loan forgiveness and other business financial assistance and (ii) federal American Rescue Plan Act related to restaurant revitalization grants and emergency injury disaster loans received for taxable years beginning before January 1, 2021. The bill also retroactively allows up to $100,000 of the individual and corporate income tax deduction or subtraction, as applicable, for Rebuild Virginia grants and certain amounts related to Paycheck Protection Program loans to certain fiscal filers. The bill also allows full deductibility of expenses paid or incurred with forgiven Paycheck Protection Program loan proceeds and expenses paid or incurred with Economic Injury Disaster Loan program funding for taxable year 2021 and thereafter. The bill contains an emergency clause.

Renaming Director of Diversity, Equity, and Inclusion as Director of Diversity, Opportunity, and Inclusion. Renames the Director of Diversity, Equity, and Inclusion to the Director of Diversity, Opportunity, and Inclusion. The Director shall (i) develop a sustainable framework to promote inclusive practices across state government; (ii) implement a measurable, strategic plan to  increase opportunities for all Virginians; (iii) facilitate methods to turn feedback and suggestions from state employees, external stakeholders, and community leaders into  actionable opportunities; (iv) promote ideas, policies, and practices in coordination with the Secretary of Commerce and Trade to expand entrepreneurship and economic opportunities for disadvantaged Virginians, including Virginians living with disabilities; (v) facilitate bringing Virginians of different faiths together in service to their communities and the Commonwealth; (vi) promote free speech and civil discourse in civic life, including viewpoint diversity in higher education in coordination with the Secretary of Education; (vii) promote ideas, policies, and practices to eliminate disparities in prenatal care and to be an ambassador for unborn children; (viii) coordinate with the Secretary of Education to ensure the history of the United States is taught in Virginia honestly, objectively, and completely and to respond to the rights of parents in educational and curricular decision making; and (ix) perform any other responsibilities as assigned by the Governor. The bill makes similar renaming changes for the Office of Diversity, Equity, and Inclusion and the Diversity, Equity, and Inclusion Officer.

Absentee voting in person; available beginningon the fourteenth day prior to election; hours of operation. Limits absentee voting in person to the two weeks immediately precedingan election. During these two weeks, the bill requires that absenteevoting in person be available Monday through Saturday, from 7:00 a.m. to 7:00 p.m. each day.

Voter registration; registration permittedup to and including the day of the election. Repeals a provisionthat would permit any person who is qualified to register to voteto register to vote in person up to and including the day of theelection, notwithstanding any deadline for the close of registration records. The repeal will limit the persons who are entitled to registerto vote after the close of registration records to (i) any member of a uniformed service of the United States who is on active duty,(ii) any person residing temporarily outside of the United States,and (iii) the spouse or dependent residing with someone listed in(i) or (ii).