Del. Bonita Anthony

Pesticides; manufacture, distribution, use, or sale of paraquat prohibited. Prohibits any person from manufacturing, distributing, using, or selling any pesticide containing paraquat, defined in the bill, as an active ingredient. The bill allows the Department of Agriculture and Consumer Services to seize any such pesticide containing paraquat on complaint to the circuit court in the area where the pesticide is located.

Local anti-rent gouging authority; civil penalty. Provides that any locality may by ordinance adopt anti-rent gouging provisions. The bill provides for notice and a public hearing prior to the adoption of such ordinance and specifies that all landlords who are under the ordinance may be required to give at least 90 days' written notice of a rent increase and cannot increase the rent by more than the locality's calculated allowance, not to exceed three percent, and states that such allowance is effective for a 12-month period beginning July 1 each year. The bill requires the locality to publish such allowance on its website by June 1 of each year. Certain facilities, as outlined in the bill, are exempt from such ordinance. The bill also requires a locality adopting an anti-rent gouging ordinance to establish an anti-rent gouging board to establish rules and procedures by which landlords may apply for and be granted exemptions from the rent increase limits set by the ordinance or delegate such duties and functions to an existing local board, department, or agency. The bill also requires the anti-rent gouging board to establish a fair return on investment rent increase exemption to the annual anti-rent gouging allowance where necessary to offset increased operating expenses. Finally, the bill provides that a locality shall establish a civil penalty for failure to comply with the requirements set out in its ordinance.

Workers' compensation; presumption of compensability for certain cancers. Expands the workers' compensation presumption of compensability for certain cancers causing the death or disability of certain employees who have completed five years of service in their position to include lung cancer and non-Hodgkin's lymphoma for any individual diagnosed with such a condition on or after July 1, 2027.

Equity in public school funding and staffing; special education students; at-risk students; annual report. Establishes in Standard of Quality 2 the At-Risk Program and a state-supported add-on for special education students and requires corresponding formulas for the funding of such initiatives to be established in the general appropriation act. The bill also requires the Department of Education to report annually to the House Committees on Education and Appropriations and the Senate Committees on Finance and Appropriations and on Education and Health the total and per pupil annual operating expenditures from local, state, and federal sources in each school division and the change in expenditures from each such source over the immediately preceding two-year, three-year, and five-year timeframes, expressed in both dollar amounts and percentages.

State Council of Higher Education for Virginia; evaluation; impact of recent federal changes to graduate and professional student loan programs on in-state students; report. Requires the State Council of Higher Education for Virginia, with the assistance of an advisory group that it convenes, to evaluate the impact of revised federal borrowing limits, the elimination of federal Grad PLUS loans, and any related federal definitions that alter the classification of graduate and professional programs for student financial aid purposes on in-state students enrolled at public institutions of higher education and private nonprofit institutions eligible to participate in the Tuition Assistance Grant Program and report its findings and recommendations to the Governor and the General Assembly no later than November 1, 2026. The bill contains an emergency clause.

Public schools; indoor air quality; industry-recognized uniform inspection and evaluation. Adds several items that are required to be included in the industry-recognized uniform inspection and evaluation of the heating, ventilation, and air conditioning system that is required at least every four years for each public elementary and secondary school building, including measurement of radon levels in the air and testing for moisture incursion. The bill has a delayed effective date of July 1, 2027.

Labor and employment; warehouse employers; required disclosures and recordkeeping; civil penalties. Requires each employer of 500 or more warehouse employees in the Commonwealth to provide a written description of each quota to which an employee is subject, any incentive or bonus associated with meeting the quota, and any potential adverse employment action that may result from failure to meet the quota. Such employers are also required to disclose the use of an automated or algorithmic management system to monitor or evaluate employee performance. Under the bill, the time periods in quotas must account for relevant standards for meal periods, rest periods, bathroom access, or workplace safety. The bill also requires such employers to keep records of each employee's work-speed data, aggregate work-speed data, and written quota disclosures provided to employees. The bill prohibits retaliatory action against an employee for requesting information, making a good faith complaint, or participating in an investigation and includes a rebuttable presumption that any adverse employment action taken within 90 days of such conduct is retaliatory. Provisions of the bill are enforceable by the Commissioner of Labor and Industry under existing provisions to enforce and remedy safety and health violations.

Regulation of data brokers; civil penalties. Prohibits a person from acquiring personally identifiable information, defined in the bill, through fraudulent means or acquiring and using such information for the purpose of (i) stalking or harassing another person; (ii) committing a fraud, including identity theft, financial fraud, or email fraud; or (iii) engaging in unlawful discrimination, including employment discrimination or housing discrimination. The bill requires a data broker, defined in the bill, to develop, implement, and maintain a comprehensive information security program that includes certain features and technical elements. The bill also requires a data broker operating in the Commonwealth, beginning on December 1, 2027, and annually thereafter, to register with the Secretary of the Commonwealth. The bill provides that a violation of its provisions constitutes a prohibited practice under the Virginia Consumer Protection Act. The bill has a delayed effective date of July 1, 2027.

Fetal and Infant Mortality Review Team established; penalty; report. Establishes the Fetal and Infant Mortality Review Team to develop and implement procedures to ensure that fetal and infant deaths occurring in the Commonwealth are analyzed in a systematic way. The bill requires the Team to compile triennial statistical data regarding fetal and infant deaths and to make such data available to the Governor, the General Assembly, and the Department of Health. The bill provides that information and records obtained or created by the Team and portions of meetings of the Team at which individual fetal and infant deaths are discussed shall be confidential.

Virginia Residential Landlord and Tenant Act; prohibited provisions in rental agreements; landlord's maintenance responsibilities. Prohibits a rental agreement from containing any provision stating that the tenant agrees to pay (i) any fee for the maintenance of the premises, including the maintenance or provision of heating and cooling systems, pest control, trash disposal, common area utilities, and mail or package delivery; (ii) a fee for internet, cable, or any other utilities or services that amount to more than the cost paid by the landlord; or (iii) for the maintenance or security of the common areas. The bill also repeals the provision allowing the landlord and tenant to agree in writing that the tenant may perform certain duties typically assigned to the landlord and also specified repairs, maintenance tasks, alterations, and remodeling, but only if the transaction is entered into in good faith and not for the purpose of evading the obligations of the landlord and if the agreement does not diminish or affect the obligation of the landlord to other tenants in the premises.