Del. Destiny LeVere Bolling

Department of Education; culturally responsive and language-appropriate mental health support and services; guidance and policies. Requires, no later than October 1, 2027, the Department of Education to develop, adopt, and provide to each local school board guidance on the adoption of policies governing the provision of culturally responsive and language-appropriate mental health support and services for students in the local school division and permits any school board to develop and adopt policies in the local school division that are consistent with the guidelines adopted and provided by the Department of Education.

Affordable housing; religious organizations and other nonprofit tax-exempt properties. Allows for the administrative approval of development and construction of housing on land owned by property tax-exempt religious organizations or certain property tax-exempt nonprofit organizations and provides that zoning ordinances shall allow the by-right development and construction of housing on real property owned by such organizations, subject to various conditions and limitations. The bill provides that the review of such developments be completed pursuant to general law and states that localities shall not require a special exception, special use permit, conditional use permit, rezoning, or any discretionary review or approval process. The bill requires that at least 60 percent of the housing development's total units be for affordable housing and that the housing development remain affordable for at least 30 years. The bill also provides that all such housing is subject to local real property taxation following completion, unless explicitly exempted by the locality. The bill has a delayed effective date of January 1, 2027, and expires on January 1, 2031. This bill is identical to SB 388.

State correctional facilities; visitation policies; work group. Sets additional visitation standards for visitors to state correctional facilities. The bill requires the Department of Corrections (the Department) to provide extended or additional visitation access for long-distance visitors. The bill provides that each in-person visit shall last a minimum of two hours unless shortened at the request of either the visitor or the incarcerated individual, or in response to an active security event. The bill also provides that visitation privileges may be suspended only for conduct occurring during visitation that presents a direct and substantial threat to the physical safety of participants or the security of the correctional facility. The bill provides a timeline and process for appealing any suspension of visitation rights. Finally, the bill directs the Department to convene a work group to consider and develop practical policy and legislative recommendations regarding visitation. The work group is required to report its findings and specific legislative and policy recommendations to the General Assembly by October 1, 2026.  This bill is identical to SB 276.

Manufacturing or sale of cosmetic products with certain ingredients prohibited. Prohibits any person from manufacturing, selling, delivering, offering for sale, or using in connection with a consumer transaction any cosmetic product that contains certain ingredients that are listed in the bill. The bill exempts retailers that do not (i) manufacture cosmetics containing prohibited ingredients or (ii) knowingly sell or offer for sale cosmetics containing prohibited ingredients. The bill provides that a violation of its provisions constitutes a prohibited practice under the Virginia Consumer Protection Act and specifies that its provisions do not apply to or restrict the continued sale by a retailer of cosmetics in existing inventory before July 1, 2026. This bill incorporates HB 864.

Victims of sex trafficking; minors; immunity to prosecution for prostitution. Provides that no minor shall be subject to arrest or prosecution for a qualifying offense, defined in relevant law, if at the time of the offense leading to such charge, such minor was a victim of sex trafficking, defined in relevant law. The bill also provides that such minor shall be referred to the local department of social services for a human trafficking or other assessment pursuant to relevant law and a law-enforcement officer or the local department of social services may take custody of such minor. Lastly, the bill provides that no law-enforcement officer acting in good faith shall be found liable for false arrest if it is later determined that the minor arrested was immune from prosecution.

Electric utilities and licensed suppliers of electricity; regional transmission entity; annual report. Requires each investor-owned utility or licensed supplier that joins or establishes the regional transmission entity (PJM Interconnection, LLC) to submit an annual report to the State Corporation Commission by February 1 of each year. Such report shall include (i) all recorded votes cast by the utility or licensed supplier at a meeting during the immediately preceding calendar year, (ii) all votes cast by an affiliate of the utility or licensed supplier at a meeting during the immediately preceding calendar year, and (iii) a brief description explaining how each recorded vote is in the public interest. The provisions of the bill do not apply to municipal utilities or certain electric cooperatives. This bill is identical to SB 777.

Department of Juvenile Justice; limiting room or cell confinement for minors committed to a juvenile correctional facility; report. Directs the Department of Juvenile Justice, in collaboration with relevant stakeholders, to establish clear standards to maximize the amount of time that a minor committed to a juvenile correctional facility spends out of the confinement of his room or cell. The bill directs the Department to study and consider the benefits to minors of limiting such confinement and the impact of such benefits on factors such as the safety of the facility and successful reentry into the community, and, in considering and studying such benefits, to develop a minimum number of hours per day that minors committed to a juvenile correctional facility shall spend out of the confinement of their rooms or cells. The bill directs the Department to report on certain data collected after developing and implementing such standards and other related training and programming to the Commission on Youth and the Chairs of the Senate Committee on Rehabilitation and Social Services and the House Committees on Health and Human Services and Public Safety by November 1, 2026. As introduced, this bill was a recommendation of the Commission on Youth.

Phase I and Phase II Utilities; electric grid utilization metrics. Requires Dominion Energy and Appalachian Power to petition the State Corporation Commission for approval of grid utilization metrics by October 15, 2026, which petition may be consolidated with the integrated resource plan filing for Dominion Energy in 2026. Under the bill, the petition shall include certain assessments comparing current electric grid system performance with optimal utilization of existing electric grid assets. The bill also requires the Commission to include in an existing annual report its findings on each applicable utility's assessment of relevant grid utilization metrics, which shall include an analysis of the potential for each applicable utility to increase electric grid utilization through the deployment of non-wires alternatives. This bill is identical to SB 621.

Virginia Consumer Protection Act; prohibited practices; kratom products. Prohibits selling or offering for sale (i) any kratom product to a person younger than 21 years of age; (ii) any kratom product that does not include a label listing all ingredients and the required disclosure; (iii) any kratom product not stored in an area that is not directly accessible to consumers, including behind a retail counter or in a locked display case, except for kratom products required to be refrigerated which may be stored, in accordance with relevant Virginia Alcoholic Beverage Control Authority regulations, in the same beverage cooler or refrigerator as wine and beer; (iv) any kratom product containing any synthesized material, semi-synthetic alkaloid, or synthetic kratom-like compound; (v) any kratom product containing 7-hydroxymitragynine in an alkaloid fraction exceeding one percent of total alkaloids in the container or providing more than one milligram of 7-hydroxymitragynine per serving; (vi) any kratom product adulterated with any dangerous, poisonous, or otherwise deleterious non-kratom ingredient, including any substance listed as a controlled substance under state or federal law; (vii) any kratom product that is combustible or intended for vaporization or injection; (viii) any kratom product that is manufactured, packaged, or marketed in a manner attractive to children; or (ix) any kratom extract product containing residual solvent levels exceeding applicable statutory or pharmacopeial limits.

Community service work in lieu of payment of fines and costs; work performed while incarcerated. Requires a court to establish a program and allow any person upon whom a fine and costs have been imposed to discharge all or part of the fine or costs by earning credits for the performance of (i) community service work performed before or after imprisonment or (ii) work performed while incarcerated, defined in the bill as any work done on or after July 1, 2023, by a person confined in any local, regional, or state correctional facility who is paid a wage that is less than the Virginia minimum wage.The bill requires such program to be available during such person's imprisonment in a local, regional, or state correctional facility. The bill provides that a person who is performing work while incarcerated shall be credited at the same rate as the community service work rate less any wages received. Under current law, a court is required to establish a program for providing an option for community service work in lieu of payment of fines and costs but offering such option is not mandatory. The bill also requires the local, regional, or state correctional facility to provide confirmation of the hours worked and the credits earned for such work upon request of any person who has performed work while incarcerated or his representative.