Sen. Schuyler VanValkenburg

Consumer Data Protection Act; social media platforms; addictive feed. Prohibits a person that operates a social media platform that has knowledge that a user of the social media platform is a child under the age of 18 from using an addictive feed, defined in the bill, unless such social media platform obtains verifiable parental consent.

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.

Solar and energy facilities; local regulation. Prohibits a locality from including in an ordinance (i) limits on the total amount, density, or size of any ground-mounted solar facility or energy storage facility until such time that the total area under panels within the locality exceeds four percent of the total area within the locality or (ii) any prohibitions on the use of solar panels that comply with generally accepted national environmental protection and product safety standards, provided that such installation is in compliance with any provisions of a local ordinance that establishes criteria and requirements for siting.

Shared solar programs; Dominion Energy Virginia; minimum bill; capacity. Amends existing shared solar program provisions to apply to Dominion Energy Virginia (Phase II Utility). The bill provides that a customer's net bill for participation in the shared solar program means the resulting amount a customer must pay the utility after the bill credit, defined in relevant law, is deducted from the customer's monthly gross utility bill. The bill requires the State Corporation Commission to establish a minimum bill, below which a subscriber's net bill cannot go, that is calculated based on the amount of kilowatt-hours billed by the utility. The bill also changes the shared solar program capacity to 450 megawatts and requires the Commission's regulations to allow for program participation by all jurisdictional and nonjurisdictional customer classes. Under the bill, co-location of two or more shared solar facilities is permitted for shared solar program participation if the facilities are located on a single parcel of land. The bill requires the Commission to (i) establish regulations that prohibit early termination fees and credit reporting for low-income customers, (ii) require net financial savings for subscribers relative to the subscription fee, (iii) require a customer's affirmative consent before providing customer billing and usage data to a subscriber organization, and (iv) establish customer engagement rules. Under the bill, any net crediting fee imposed by the shared solar program shall not exceed one percent of the bill credit value and shall be charged to the subscriber organization. The bill also provides that a utility is permitted to seek recovery of bill credit costs in its triennial base review only if such costs would result in the utility being unable to meet its revenue requirement after accounting for all avoided costs that can be realized by ratepayers. The bill specifies that the Commission shall update its shared solar program consistent with the requirements of the bill by January 1, 2025, and shall require each utility to file any associated tariffs, agreements, or forms necessary for implementing the program by July 1, 2025. Additionally, the bill requires the Department of Energy to convene a stakeholder work group to determine the amounts and forms of project incentives for (a) projects located on rooftops, brownfields, or landfills; (b) projects that are dual-use agricultural facilities; or (c) projects that satisfy another category as established by the Department and to submit a written report to the Chairs of the House Committee on Commerce and Energy and the Senate Committee on Commerce and Labor no later than November 30, 2024.

Voter registration; list maintenance; data sharing; requiring membership in the Electronic Registration Information Center (ERIC). Requires the Commissioner of Elections to apply for, enter into, and maintain membership for the Commonwealth in the Electronic Registration Information Center (ERIC). This bill is identical to HB 1177.

Paid family and medical leave insurance program; notice requirements; civil action. Requires the Virginia Employment Commission to establish and administer a paid family and medical leave insurance program with benefits beginning January 1, 2027. Under the program, benefits are paid to covered individuals, as defined in the bill, for family and medical leave. The bill specifies that covered individuals shall not include state employees, constitutional and other local officers, and employees of local school divisions and that funding for the program is provided through premiums assessed to employers and employees beginning January 1, 2026. The bill provides that the amount of a benefit is 80 percent of the employee's average weekly wage, not to exceed 80 percent of the state weekly wage, which amount is required to be adjusted annually to reflect changes in the statewide average weekly wage. The bill caps the duration of paid leave at 12 weeks in any application year and provides self-employed individuals the option of participating in the program. Finally, the bill requires the Commission to update its 2021 Paid Family and Medical Leave study to include an assessment of the budgetary impacts of extending the benefits of the program to exempt individuals.

Elections; allows for any local or constitutional office to be conducted by ranked choice voting; report. Allows elections for any local or constitutional office to be conducted by ranked choice voting. Under current law, only elections of members of a county board of supervisors or a city council are allowed to be conducted by ranked choice voting. The bill also clarifies requirements for conducting elections using ranked choice voting and requires results for elections conducted by ranked choice voting to be reported along with other results reported on election night, except that such results must clearly be identified as preliminary and based on the first rankings in a ranked choice voting election. The bill provides that final tabulation for an election for a local or constitutional office is required to be conducted on the same day as other results are canvassed by the local electoral board and that final tabulation for and election for a local or constitutional office that is shared by more than one county or city is required to be conducted at a centralized facility under the supervision of the electoral boards. The bill specifies that ranking data is required to be made publicly available by the Department of Elections and requires the State Board of Elections to provide standards and to approve vote tabulating software for use with existing voting systems in elections conducted by ranked choice voting. The bill specifies that risk-limiting audits of elections conducted using ranked choice voting are limited to the first choice rankings reported on voting systems. The bill specifies that the State Board is required to produce generalized voter education materials on ranked choice voting and is also permitted to create and modify recount procedures to the extent necessary to accommodate a recount or an election. Finally, the bill directs the Department to review the testing and approval framework for voting equipment in the Commonwealth and submit a report of such review no later than the first day of the 2025 Regular Session of the General Assembly.

Cannabis control; retail market; penalties. Establishes a framework for the creation of a retail marijuana market in the Commonwealth, which would be administered by the Virginia Cannabis Control Authority. The bill allows the Authority to begin issuing marijuana licenses on July 1, 2024, but provides that no marijuana sales may occur prior to January 1, 2025. Substitute offered in Rehabilitation and Social Services Committee:https://committees.lis.virginia.gov/pdfs/drafts/cannabis2.pdf Substitute offered in Rehabilitation and Social Services, Cannabis Subcommittee:https://committees.lis.virginia.gov/pdfs/drafts/cannabis1.pdf

Voter registration; list maintenance data standards; challenges to a voter's registration. Prohibits the use of voter data received from another state or jurisdiction or through a list comparison for list maintenance purposes when the data file does not include a unique identifier for each individual whose information is contained in the data file. The bill requires the Department of Elections to conduct an annual review of all sources of data utilized for list maintenance activities in the preceding 12-month period for the purpose of determining the validity, completeness, accuracy, and reliability of the data received from each source and to include the results of such review in its annual report to the House and Senate Committees on Privileges and Elections regarding its list maintenance activities. Lastly, the bill removes provisions allowing general registrars to adjudicate challenges to a voter's registration, reserving such process to the courts. The bill includes technical amendments.

Consumer Data Protection Act; protections for children. Prohibits, subject to a parental consent requirement, a data controller from processing personal data of a known child (i) for the purposes of targeted advertising, the sale of such personal data, or profiling in furtherance of decisions that produce legal or similarly significant effects concerning a consumer; (ii) unless such processing is reasonably necessary to provide the online service, product, or feature; (iii) for any processing purpose other than the processing purpose that the controller disclosed at the time such controller collected such personal data or that is reasonably necessary for and compatible with such disclosed purpose; or (iv) for longer than is reasonably necessary to provide the online service, product, or feature. The bill prohibits, subject to a parental consent requirement, a data controller from collecting precise geolocation data from a known child unless (a) such precise geolocation data is reasonably necessary for the controller to provide an online service, product, or feature and, if such data is necessary to provide such online service, product, or feature, such controller shall only collect such data for the time necessary to provide such online service, product, or feature and (b) the controller provides to the known child a signal indicating that such controller is collecting such precise geolocation data, which signal shall be available to such known child for the entire duration of such collection. The bill prohibits a data controller from engaging in the activities described in the bill unless the controller obtains consent from the child's parent or legal guardian in accordance with the federal Children's Online Privacy Protection Act. This bill has a delayed effective date of January 1, 2025, and is identical to HB 707.