Del. Destiny LeVere Bolling

Presidential electors; National Popular Vote Compact. Enters Virginia into an interstate compact known as the Agreement Among the States to Elect the President by National Popular Vote. Article II of the Constitution of the United States gives the states exclusive and plenary authority to decide the manner of awarding their electoral votes. Under the compact, Virginia agrees to award its electoral votes to the presidential ticket that receives the most popular votes in all 50 states and the District of Columbia. The compact goes into effect when states cumulatively possessing a majority of the electoral votes have joined the compact. A state may withdraw from the compact; however, a withdrawal occurring within six months of the end of a President's term shall not become effective until a President or Vice President has qualified to serve the next term. The bill also provides for the manner of appointing electors when such agreement does and does not govern the appointment of electors. This bill is identical to SB 322.

Collective bargaining by public employees; individual home care providers; Virginia Home Care Council established; Public Employee Relations Board established; exclusive bargaining representatives. Repeals the existing prohibition on collective bargaining by public employees. The bill creates the Public Employee Relations Board, which shall determine appropriate bargaining units and provide for certification and decertification elections for exclusive bargaining representatives of state employees and local government employees. The bill requires public employers and employee organizations that are exclusive bargaining representatives to meet at reasonable times to negotiate in good faith with respect to wages, hours, and other terms and conditions of employment. The bill establishes the Virginia Home Care Council within the Department of Medical Assistance Services to promote the stability of the individual provider workforce in the Commonwealth and tasks the Council with serving as the public employer of individual providers, as defined in the bill, for purposes of collective bargaining pursuant to the bill's provisions. The bill repeals a provision that declares that in any procedure providing for the designation, selection, or authorization of a labor organization to represent employees the right of an individual employee to vote by secret ballot is a fundamental right that shall be guaranteed from infringement. The bill directs the Department of Labor and Industry to promulgate any regulations necessary to effectuate the bill's provisions by July 1, 2028, and provides that upon the establishment of the Public Employee Relations Board, such regulations shall be transferred to the Board. The bill provides that until such regulations are adopted, no petitions or elections shall take place pursuant to the bill's provisions except pursuant to an ordinance or resolution adopted under current law. This bill is identical to SB 378.

Nonemergency medical transportation providers; fee disclosure. Requires a nonemergency medical transportation provider or the medical care facility prearranging transport through such a provider, prior to providing such transportation services to a patient, to provide the patient or the patient's representative with a standardized disclosure form of all associated fees or other charges for which the patient will be responsible for such transportation services. The bill also requires that nonemergency medical transportation providers provide the medical care facility with the required form. Such provisions have a delayed effective date of January 1, 2027. Finally, effective July 1, 2026, the bill directs the Department of Health to develop and publish a standardized disclosure form on its website by October 1, 2026.

Conservation and replacement of trees during development process; work group; report. Expands certain existing local government authority to plant or replace trees during the development process by expanding such authority statewide. The bill allows localities to establish higher tree canopy replacement percentages based on density per acre. The bill also alters the current process for granting exceptions to a local ordinance by modifying a provision that requires the granting of an exception when the strict application of the ordinance would result in unnecessary or unreasonable hardship to the developer, and replacing it with a requirement that the locality concur with such a determination. The bill permits localities to monitor and assess the condition and coverage of tree canopies at development sites during a period of up to 20 years after the trees are planted. The bill also allows any town within Planning District 8 belonging to an eight-hour nonattainment area for air quality standards to require, by ordinance, that a subdivision or development provide for the preservation or replacement of trees on the development site such that the minimum tree canopy or cover 10 years after development is projected to meet specified coverage criteria. Under current law, the criteria apply to tree canopy coverage 20 years after development. Finally, the bill directs the Institute for Coastal Adaptation and Resilience to convene a work group to conduct a comprehensive review of the tree canopy laws and regulations and report the work group's findings and recommendations to the Chairs of the House Committee on Counties, Cities and Towns and Senate Committee on Local Government by November 1, 2026. This bill incorporates HB 995 and is identical to SB 589.

Kinship foster care; barrier crime waiver; report. Establishes a process by which a local department of social services may apply for a barrier crime waiver on behalf of an individual who has been convicted of a Virginia barrier crime that (i) is not (a) included on the list of federal barrier crimes; (b) a violent felony offense; or (c) an offense requiring registration under the Sex Offender and Crimes Against Minors Registry Act and (ii) does not otherwise fall under a barrier crime exception for foster or adoptive homes for the purpose of approval of the individual's home as a kinship foster home. The bill creates a process by which such a local department of social services may apply to the Department of Social Services for a waiver and for the Department to conduct an assessment of such application. The bill also requires the Department of Social Services to file an annual report by December 1 of each year detailing the specifics of the waiver process to the Senate Committee on Rehabilitation and Social Services and the House Committee on Health and Human Services. This bill is identical to SB 305.

Foster and adoptive homes; barrier crimes; exceptions. Consolidates existing barrier crime exceptions for foster or adoptive homes, including kinship foster homes, and establishes new barrier crime exceptions for certain drug offenses.

Land development; solar canopies in parking areas. Provides that any locality may include in its land development ordinances a provision that requires that an applicant must install a solar canopy over designated surface parking areas. Such provisions shall apply only to nonresidential parking areas with 100 or more new off-street contiguous parking spaces and may require coverage of up to 50 percent of the surface parking area. The bill provides that an ordinance adopted pursuant to this bill shall be subject to various additional requirements and shall allow for deviations, in whole or in part, from the requirements of the ordinance when its strict application would prevent the development of uses and densities otherwise allowed by the locality's zoning or development ordinance or when a property owner shows that the solar canopy, if installed as otherwise required under the ordinance, will generate less than 75 percent of the electricity that would be expected, given the nameplate capacity of the solar modules installed on such canopy, if the canopy were to be installed at another location in the locality without surrounding impediments to insolation such as buildings or shading vegetation. Finally, the bill provides that the applicant or owner may use the electric energy generated from such solar canopy to offset the consumption of the parking lot or adjoining building served under the same account. The bill has a delayed effective date of July 1, 2027. This bill incorporates HB 457 and is identical to SB 26.

Impersonating law-enforcement officer; penalties. Creates a Class 5 felony for impersonating a law-enforcement officer while wearing a facial covering, as that term is defined in the bill, and a Class 4 felony for a second or subsequent violation.

Elections; Voting Rights Act of Virginia. Revises provisions of the Voting Rights Act of Virginia (the Act) by (i) clarifying the legal standards for evaluating claims of alleged voter suppression and vote dilution, (ii) providing guidance to the courts to follow when determining whether a violation of the prohibition against voter suppression or vote dilution has occurred, and (iii) outlining the factors that the courts are permitted to consider and those factors that the courts are prohibited from considering. The bill expands the class of persons who may initiate a cause of action for an alleged violation of the Act to include organizations whose membership includes members of a protected class, organizations whose mission would be frustrated by a violation of the Act, and organizations that would expend resources in order to fulfill their mission as a result of a violation of the Act. The population thresholds for a locality to be designated as a covered locality for purposes of minority language accessibility pursuant to the Act are also amended. Current law designates a locality as a covered locality if, in the locality, (a) more than five percent of the voting age population or (b) more than 10,000 of the voting age population are members of a single language minority and are unable to speak or understand English adequately enough to participate in the electoral process; the bill reduces those thresholds from five to three percent and from 10,000 to 5,000. The bill contains technical amendments for organizational purposes.

Certain data from water users; water use consumption for domestic, commercial, and industrial purposes and from data centers. Requires any water user required to register water withdrawal and use data to the State Water Control Board that provides water to another person offsite to include in its report, submitted on its regular reporting schedule, the total volume of potable water and, reported separately, the total volume of reclaimed water, as defined in the bill, provided during each month for each of the following categories: (i) a data center with an air permit issued by the Department of Environmental Quality and (ii) to the extent available without utility billing system modifications, (a) domestic purposes, (b) commercial and industrial purposes, separately or combined as available, and (c) all other non-categorized purposes. The bill has a delayed effective date of January 1, 2027. This bill is identical to SB 553.