Del. Nadarius Clark

Forest Sustainability Fund; fund allocation. Provides that moneys from the Forest Sustainability Fund must be allocated proportionally among localities that forgo tax revenues as a result of the use value assessment and taxation for real estate devoted for forest use. The bill specifies that no locality shall receive an allocation of more than four percent or less than one-half of one percent of available funds from the Fund. This bill is identical to SB 129.

Chief Resilience Officer of the Commonwealth; Office of Commonwealth Resilience; Interagency Resilience Working Group; Virginia Community Flood Preparedness Fund; Resilient Virginia Revolving Fund; Advisory Review Committee. Moves the position of Chief Resilience Officer (CRO) from under the Secretary of Natural and Historic Resources to under the Governor and creates an Office of Commonwealth Resilience to support the CRO in his functions and duties. The bill requires the CRO to convene an Interagency Resilience Working Group to support the coordination of planning and implementation of resilience efforts, eliminates the position of Special Assistant to the Governor for Coastal Adaptation and Protection, and requires the Director of the Department of Conservation and Recreation to convene an Advisory Review Committee to assist in the distribution of loans and grants from the Virginia Community Flood Preparedness Fund. The bill also requires the Director to convene an Advisory Review Committee to assist in the distribution of loans and grants from the Resilient Virginia Revolving Fund and adds the Secretary of Natural and Historic Resources and the CRO to the list of those with whom the Virginia Resources Authority is required to consult in directing the distribution of loans or grants from the Fund. The bill requires, for the two Funds, the Department to (i) make available for public inspection at the office of the Department and on a publicly accessible website records of each application for grants and loans and the actions taken thereon and (ii) provide an opportunity for a 30-day public comment period prior to each new grant or loan offering to solicit feedback on proposed revisions to the Funds’ manuals. This bill incorporates HB 948.

Virginia Post-Disaster Anti-Price Gouging Act;definitions. Provides that for the purposes of the Virginia Post-Disaster Anti-Price Gouging Act, "consumer transaction" includes transactions involving the advertisement, sale, lease, license, or offering for sale, lease, or license of goods or services to be used for business purposes and the advertisement, sale, lease, license, or contract of employment services to be provided or procured for business purposes. The bill also amends the definition of "time of disaster" to mean the longer of (i) the period of time when a state of emergency declared by the Governor or the President of the United States as the result of a disaster, emergency, or major disaster is in effect or (ii) 30 days after the occurrence of the disaster, emergency, or major disaster that resulted in the declaration of the state of emergency. Under current law, the definition of "time of disaster" means the shorter of the time periods specified in clauses (i) and (ii).

Auricular acupuncture; use of the five needle protocol. Allows any person to engage in the five needle auricular acupuncture protocol (5NP), a standardized protocol wherein up to five needles are inserted into the external human ear to provide relief from the effects of behavioral health conditions, provided that such person (i) has appropriate training in the 5NP, including training established by the National Acupuncture Detoxification Association or equivalent certifying body; (ii) does not use any letters, words, or insignia indicating or implying that he is an acupuncturist; and (iii) makes no statement implying that his practice of the 5NP is licensed, certified, or otherwise overseen by the Commonwealth. Treatment utilizing the 5NP pursuant to this bill is strictly limited to the insertion of disposable, sterile acupuncture needles into the ear and only in compliance with the 5NP.

Local government powers; regulation of tobacco, nicotine, and hemp product retail sale locations. Allows a locality to regulate the retail sale locations of tobacco products, nicotine vapor products, alternative nicotine products, or hemp products intended for smoking for any such retail sale location and may prohibit a retail sale location on property within 1,000 linear feet of a child day center or a public, private, or parochial school.

Firearm safety device tax credit; definition of firearm safety device. Expands the definition of "firearm safety device" as it relates to the firearm safety device tax credit to include any device that, when installed on a firearm, is designed to prevent the firearm from being operated without first deactivating the device. The provisions of the bill are effective for taxable years beginning on and after January 1, 2024. This bill incorporates HB 945.

Virginia Employment Commission; appeals proceedings; appeal tribunals and Board of Review; repeal. Specifies that any determination made by the Virginia Employment Commission in regard to any amount required to be deducted and withheld from unemployment compensation for purposes of child support obligations is final. The bill contains a number of technical amendments related to the Commission's appeals proceedings. The bill also repeals provisions related to appeal tribunals and the Commission-appointed Board of Review and contains technical amendments. This bill is identical to SB 655.

Baccalaureate public institutions of higher education; provision of physical evidence recovery kits. Requires each baccalaureate public institution of higher education to either (i) staff its on-campus student health center with at least one on-campus certified sexual assault forensic examiner for the purpose of administering a physical evidence recovery kit to any student who is in need of such a kit or (ii) enter into a memorandum of understanding with a local organization or entity that is capable of providing the services of a certified sexual assault forensic examiner for the purpose of administering a physical evidence recovery kit to any student who is in need of such a kit.

Virginia Tourism Authority; powers; historically accurate advertising. Requires the Virginia Tourism Authority, in consultation with The Library of Virginia and the Virginia African American Advisory Board, to (i) create standards for the Authority's publications and advertising material to ensure all such materials accurately identify parcels of real property in the Commonwealth with a history linked to slave ownership and accurately depict the contributions of Black Virginians to any such parcel of real property; and (ii) acknowledge the horrors of slavery in the Commonwealth by publishing a list of slave-owning properties in the Commonwealth.

Criminal justice training academies; curriculum. Provides that an approved criminal justice training academy may utilize an alternative curriculum and lesson plans that meet or exceed the compulsory minimum training standards without seeking a waiver from the Department of Criminal Justice Services. Under current law, the Department is required to develop a uniform curriculum to be used at all criminal justice training academies unless a waiver to the uniform curriculum is granted by the Department.