Sen. Dave Marsden

Income tax; rolling conformity. Provides that when Virginia does not conform on a rolling basis to federal tax laws due to any changes in a single act of Congress with an impact of more than $15 million on revenues in the year in which the amendment was enacted or any of the next four years, such nonconformity shall not be considered for purposes of calculating the nonconformity threshold for all amendments in a year with a cumulative projected impact of more than $75 million in the year in which the amendments were enacted or any of the next four years.

Virginia Land Conservation Foundation. Allows land trusts that have been accredited by the Land Trust Accreditation Commission or a similar set of standards and practices adopted by the Virginia Land Conservation Board of Trustees (the Board) to hold an interest in land other than a fee simple interest as a result of a grant or transfer from the Virginia Land Conservation Foundation (the Foundation) without a co-holder. Current law requires that certain interests in land as a result of a grant or transfer from the Foundation be held jointly by a holder and a public body. The bill also allows, whenever a holder acquires fee simple interest in land as a result of a grant or transfer from the Foundation, the Board to accept a reversionary interest in such land as an alternative to a public body holding an open space easement in such land.

Regulation of towing fees; State CorporationCommission; report. Directs the State Corporation Commission to examine the existing regulation of fees charged for the removal ofvehicles and identify policy options for the Commission to assumeall or part of such regulation. The bill requires the Commissionto report its findings to the General Assembly by November 30, 2024.

Electric utilities; recovery of development costs associated with small modular reactor. Permits Dominion Energy Virginia to petition the State Corporation Commission at any time for the approval of a rate adjustment clause for the recovery of small modular reactor project development costs for up to one small modular reactor facility. The bill also permits the utility to petition the Commission for project development cost recovery along separate development phases. The bill has an expiration date of December 31, 2029.

Purchase, possession, sale, transfer, etc., of assault firearms and certain ammunition feeding devices prohibited; penalty. Creates a Class 1 misdemeanor for any person who imports, sells, manufactures, purchases, possesses, transports, or transfers an assault firearm, as that term is defined in the bill, and prohibits a person who has been convicted of such violation from purchasing, possessing, or transporting a firearm for a period of three years from the date of conviction. The bill provides that an assault firearm does not include any firearm that is an antique firearm, has been rendered permanently inoperable, is manually operated by bolt, pump, lever, or slide action, or was manufactured before July 1, 2024. The bill also prohibits the sale of a large capacity ammunition feeding device, as that term is defined in the bill. The bill provides that any person who willfully and intentionally (i) sells an assault firearm to another person or (ii) purchases an assault firearm from another person is guilty of a Class 1 misdemeanor and that any person who imports, sells, barters, or transfers a large capacity ammunition feeding device is guilty of a Class 1 misdemeanor. The bill also makes it a Class 1 misdemeanor for any person younger than 21 years of age to import, sell, manufacture, purchase, possess, transport, or transfer an assault firearm regardless of the date of manufacture of such assault firearm.

Firearm in unattended motor vehicle; civil penalty. Provides that no person shall leave, place, or store a handgun in an unattended motor vehicle, as defined in the bill, when such handgun is visible to any person who is outside such motor vehicle. The bill provides that any person violating such prohibition is subject to a civil penalty of no more than $500 and such unattended motor vehicle may be subject to removal for safekeeping. This bill is identical to HB 1462.

Juvenile parole; juvenile correctional centers. Provides that any person sentenced to a term of life imprisonmentor who has a cumulative term of active sentences that total morethan 20 years, regardless of whether such sentences were imposedduring a single sentencing hearing or multiple sentencing hearings,for a single felony offense or multiple felony offenses committedwhile that person was a juvenile and who has served at least 20 consecutiveyears of incarceration, including any period of commitment in a juvenilecorrectional center, shall be eligible for parole. Under current law,any period of commitment in a juvenile correctional center for anysentences for such juvenile offender is not considered as a portionof the minimum of 20 years of incarceration served in order for suchoffender to be eligible for parole.

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.

Invasive plant species; retail sales; civil penalty. Requires, for the retail sale of any invasive plant species for outdoor use on a list established by the Department of Conservation and Recreation, a retail establishment to post in a conspicuous manner on the property located in proximity to each invasive plant display signage identifying such plant as invasive, educating consumers regarding invasive plant species, and encouraging consumers to ask about alternatives. The bill requires the Commissioner of Agriculture and Consumer Services to designate the format, size, and content of such signage no later than October 1, 2024, and requires the Commissioner to issue a stop sale order and mark or tag a plant in a conspicuous manner when an invasive plant is for sale at a retail establishment without appropriate signage. In such case, the bill requires the Commissioner to give written notice of a finding made to the owner, tenant, or person in charge of such retail establishment and requires the stop sale order issued to remain in effect until the required signage is posted. Any retail establishment that violates the provisions of the bill is subject to a civil penalty not to exceed $500. This bill is identical to SB 306.

Public service companies; pole attachments;cable television systems and telecommunications service providers. Requires a public utility, as defined in the bill, to establish and adhere to pole attachment practices and procedures that comply with certain requirements, including determining whether an attachment request is complete before reviewing such request on its merits, complying with certain timelines, and providing notice of a rearrangement to affected existing attachers. The bill provides that a public utility shall not apportion to a telecommunications service provider or cable television system the cost of replacing a red-tagged pole, as defined in the bill, provided that such utility may apportion to such provider or system the incremental cost of a taller or stronger pole that is necessitated solely by the new facilities of such provider or system. The bill authorizes the State Corporation Commission to enforce its provisions and requires the Commission to resolve disputes involving pole access within 90 days and concerning certain other matters within 120 days. This bill is identical to HB 800.