Del. Betsy Carr

Virginia Fair Housing Law; unlawful discriminatory housing practices. Prohibits any locality, its employees, or its appointed commissions from discriminating (i) in the application of local land use ordinances or guidelines, or in the permitting of housing developments, on the basis of race, color, religion, national origin, sex, elderliness, familial status, source of funds, sexual orientation, gender identity, status as a veteran, or disability; (ii) in the permitting of housing developments because the housing development contains or is expected to contain affordable housing units occupied or intended for occupancy by families or individuals with incomes at or below 80 percent of the median income of the area where the housing development is located or is proposed to be located; or (iii) by prohibiting or imposing conditions upon the rental or sale of dwelling units, provided that the provisions of this subsection shall not be construed to prohibit ordinances related to short-term rentals. The bill provides that it shall not be a violation of the Virginia Fair Housing Law if land use decisions or decisions relating to the permitting of housing developments are based upon considerations of limiting high concentrations of affordable housing. The bill also requires the Fair Housing Board, after determining the existence of an unlawful discriminatory housing practice and after consultation with the Attorney General, to immediately refer the matter to the Attorney General for civil action.

Produce Rx Program established; report. Directs the Department of Social Services, in cooperation with the Department of Medical Assistance Services, to convene a work group to develop a plan for a three-year pilot Produce Rx program to incentivize consumption of qualifying fruits and vegetables by eligible individuals for whom increased consumption of fruits and vegetables is recommended by a qualified care provider. The bill requires the Department of Social Services to report on the activities of the work group and the elements of the plan to the Governor and the Chairmen of the House Committee on Appropriations and the Senate Committee on Finance and Appropriations by October 1, 2021.

Certain employees of the Department of JuvenileJustice; naloxone or other opioid antagonist. Authorizes employeesof the Department of Juvenile Justice designated as probation andparole officers or as juvenile correctional officers to possess andadminister naloxone or other opioid antagonist for overdose reversalpursuant to an oral or written order or standing protocol issuedby the prescriber within the course of his professional practice.

Department of Health and the Office of the ChiefMedical Examiner; plan for the establishment of a Fetal and InfantMortality Review Team; report. Directs the Department of Healthand the Office of the Chief Medical Examiner to develop a plan forthe establishment of a Fetal and Infant Mortality Review Team andto report such plan to the Chairmen of the House Committees on Appropriationsand Health, Welfare and Institutions and the Senate Committees onFinance and Appropriations and Education and Health by December 1,2021. The bill also requires the Department of Health to convenea work group to participate in development of the plan and, uponinclusion in a general appropriation act adopted by the General Assemblyof funds for such purpose, to hire such contract staff as may benecessary to assist the work group with development of the plan.

Expanded polystyrene food service containers; prohibition; civil penalty. Prohibits the dispensing by a food vendor of prepared food to a customer in a single-use expanded polystyrene food service container, as defined in the bill. The bill requires certain chain restaurants to stop using such containers by July 1, 2023, and sets the date for compliance by all food vendors as July 1, 2025. The bill exempts nonprofit organizations from the definition of "food vendor" and provides a process by which a locality may grant consecutive one-year exemptions to individual food vendors on the basis of undue economic hardship. The bill provides a civil penalty of not more than $50 for each day of violation, to be collected in a civil action brought by the Attorney General or the relevant locality. The penalties collected are to be deposited in the Litter Control and Recycling Fund or to the treasury of the relevant locality, as appropriate. A portion of the penalties deposited in the Fund are to be used for public information campaigns to discourage the sale and use of expanded polystyrene products. Finally, the bill directs the Department of Environmental Quality to post to its website information on compliance and the filing of complaints. This bill is a reenactment of Chapter 1104 of the Acts of Assembly of 2020.

Child support payments; juvenile in custody of or committed to the Department of Juvenile Justice. Provides that the Department of Juvenile Justice is no longer required to apply for child support from, and the parent of a juvenile is no longer responsible to pay child support to, the Department of Social Services for a juvenile who is in the temporary custody of or committed to the Department of Juvenile Justice.

Certain school boards; student meals; participationin the Afterschool Meal Program. Requires each school board thatgoverns a local school division that has a student population thatqualifies for free and reduced-price meals at a minimum percentageof 50 percent in the prior school year and simultaneously offerseducational or enrichment activities and is consequently eligibleto participate in the Afterschool Meal Program administered by theU.S. Department of Agriculture Food and Nutrition Service (FNS) Childand Adult Care Food Program to apply to the Department of Educationto participate in the Afterschool Meal Program for each such schoolto subsequently and simultaneously serve federally reimbursable mealsand offer an afterschool education or enrichment program, pursuantto FNS guidelines and state health and safety standards. The billrequires the Department of Education to administer the AfterschoolMeal Program on behalf of the U.S. Department of Agriculture. The bill provides that the Superintendent of Public Instruction shallissue a waiver to this requirement upon determination that participation is not financially viable for a school or group of schools. The billrequires the Department of Education to develop a process and criteriafor evaluating such waivers. The bill has a delayed effective dateof July 1, 2022.

Child Care Assistance Program; emergency. Provides that regulations governing the Child Care Subsidy Program (the Program) shall be amended to provide that (i) a family shall be eligible for assistance through the Program if the family's income does not exceed 85 percent of the state median income, the family includes at least one child who is five years of age or younger and has not yet started kindergarten, and the family meets all other income and eligibility requirements of the Program and (ii) job search activities shall be considered eligible activities for the purposes of the Program. The bill provides that a family determined to be eligible for assistance through the Program shall be eligible to receive assistance for a period of 12 months or until the family's household income exceeds 85 percent of the state median income, whichever occurs sooner. The Department of Social Services shall administer the program, as amended by the bill, in cooperation with the Department of Education. The bill contains an emergency clause and provides that the provisions of the bill shall be applicable to applications for assistance through the Program received prior to August 1, 2021.

State Air Pollution Control Board; low-emissions and zero-emissions vehicle program. Directs the State Air Pollution Control Board to implement a low-emissions and zero-emissions vehicle program for motor vehicles with a model year of 2025 and later. Regulations adopted by the Board to implement the program are exempt from the Administrative Process Act and shall not become effective prior to January 1, 2024. The bill also authorizes the State Corporation Commission to exclude sales related to such vehicles from certain energy efficiency calculations.

Virginia Missing Person with Autism Alert Program.Renames the Virginia Missing Child with Autism Alert Program to theVirginia Missing Person with Autism Alert Program and expands itto apply to any missing person with autism, regardless of age. Thebill defines "a missing person with autism" as any person (i) whosewhereabouts are unknown; (ii) who has been diagnosed with autismspectrum disorder as defined by the Code of Virginia; and (iii) whosedisappearance poses a credible threat to the safety and health of the person.