Sen. Jennifer L McClellan

Celebrating the life of Michael Wayne Woods.

Celebrating the life of the Honorable RobertS. Bloxom, Sr.

Commending the Loudoun County branch of theNAACP.

Uniform Statewide Building Code; amendments;energy efficiency and conservation. Requires the Board of Housingand Community Development to adopt amendments to the Uniform Statewide Building Code within one year of publication of a new version ofthe International Code Council's International Energy ConservationCode (IECC) to address changes related to energy efficiency and conservation.The bill requires the Board to adopt Building Code standards that are at least as stringent as those contained in the new versionof the IECC.

Criminal history record information check requiredfor firearm rentals; penalty. Provides that for the purposesof conducting a criminal history record information check for a firearmtransfer, the term "rent" includes a temporary change in dominionor control of a firearm for use at or on the premises of a dealer's business location in exchange for money or other consideration. Undercurrent federal law, the rental of a firearm for use on a dealer'sbusiness premises is not considered to be a sale, disposition, or delivery of the firearm; therefore, such rental would not allowfor a National Instant Criminal Background Check System check tobe performed. The bill would allow the Virginia State Police to conducta Virginia state criminal history record information check instead.

Environmental permits; community and environmentaljustice outreach. Requires the applicant for any (i) new or majormodified stationary air pollution source, (ii) new landfill or transferstation, (iii) certification of site approval for a hazardous wastefacility, (iv) new individual Virginia Pollutant Discharge EliminationSystem permit, (v) new individual Virginia Water Protection permit,(vi) new individual Virginia Stormwater Management Program permit,(vii) new individual Virginia Pollution Abatement permit, or (viii)individual ground water withdrawal permit for a new ground waterwithdrawal to complete certain public notice requirements, including(a) holding a public hearing; (b) publishing notices in English and Spanish in a newspaper, on social media, and on signage at thesite location at least 60 days prior to such public meeting; (c)mailing notices to interested parties; (d) accepting written comments; (e) transcribing meeting information; and (f) responding to communityconcerns to the satisfaction of the Department of Environmental Quality. The bill removes an exemption for applicantsfor a permit to operate a new captive industrial landfill or a new construction-demolition-debris landfill from certain provisions relatingto new landfills or transfer stations. The bill also removes an exemptionfrom certain public notice requirements granted to local governmentor public authority applicants for a permit to operate a landfillor transfer station.

Virginia Human Rights Act; nondiscriminationin employment; sexual harassment and workplace harassment. Clarifies,by defining sexual harassment and workplace harassment, what constitutesan unlawful employment practice if engaged in by an employer. Thebill also provides (i) a nonexhaustive list of factors to considerwhen determining whether certain conduct constitutes workplace harassment,(ii) that a person claiming to be aggrieved by an unlawful discriminatorypractice may file a written complaint with the Division of HumanRights within two years after the occurrence of the alleged unlawfuldiscriminatory practice, and (iii) that an aggrieved person who hasbeen provided a notice of his right to file a civil action for suchgrievance may do so within one year of receiving such notice andmay be awarded reasonable attorney fees, including costs and reasonablelitigation expenses if the court or jury finds in his favor. Thebill also amends the definition of "employer" to mean a person employingfive or more employees, instead of 15 or more employees under currentlaw, for each working day in each of 20 or more calendar weeks inthe current or preceding calendar year, and any agent of such a person.

Creation of Office of the Department of Corrections Ombudsman. Creates the Office of the Department of Corrections Ombudsman (the Office). The bill enumerates the duties and powers of the Office, which include (i) providing information, as appropriate, to inmates, family members, representatives of inmates, Department of Corrections employees and contractors, and others regarding the rights of inmates; (ii) monitoring conditions of confinement and assessing compliance with applicable federal, state, and local rules, regulations, policies, and best practices as related to the health, safety, welfare, and rehabilitation of inmates; (iii) providing technical assistance to support inmate participation in self-advocacy; (iv) providing technical assistance to local governments in the creation of correctional facility oversight bodies, as requested; (v) establishing a statewide uniform reporting system to collect and analyze data related to complaints received by the Department and data related to (a) deaths, suicides, and suicide attempts in custody; (b) physical and sexual assaults in custody; (c) the number of inmates placed in solitary confinement; (d) the number of facility lockdowns lasting longer than 24 hours; (e) the number of staff vacancies at each facility; (f) the inmate-to-staff ratios at each facility; (g) staff tenure and turnover; and (h) the number of in-person visits to inmates that were made and denied at each facility; (vi) establishing procedures to gather stakeholder input into the Office's activities and priorities, which must include, at a minimum, an annual 30-day period for receipt of and Office response to public comment; (vii) inspecting each state correctional facility at least once every three years and at least once every year for any maximum security facility and any facility where the Office has found cause for more frequent inspection or monitoring; and (viii) issuing publicly periodic facility inspection reports and an annual report with recommendations on the state correctional facilities and a summary of data and recommendations arising from any complaints investigated and resolved. The bill also establishes a Corrections Oversight Committee, which is responsible for selecting the Department of Corrections Ombudsman. The bill additionally outlines the Office's authority to conduct inspections of each Department or Board facility and requires the submission of an annual report to the Governor, the Attorney General, the Senate Committee on the Judiciary, the House Committee for Courts of Justice, and the Director of the Department. The bill also provides for the authority of the Office to conduct investigations of complaints made by inmates, family members or friends, and advocates.

Paid family and medical leave program. Requires the Virginia Employment Commission to establish and administera paid family and medical leave program with benefits beginning January 1, 2024. Under the program, benefits are paid to eligible employees for family and medical leave. Funding for the program isprovided through premiums assessed to employers and employees beginningin 2023. The amount of a benefit is 80 percent of the employee'saverage weekly wage, not to exceed 80 percent of the state weeklywage, which amount is required to be adjusted annually to reflectchanges in the statewide average weekly wage. The measure caps theduration of paid leave at 12 weeks in any application year. The billprovides self-employed individuals the option of participating inthe program.

Medical assistance; coverage for reproductivehealth services. Directs the Board of Medical Assistance Servicesto include in the state plan for medical assistance services a provisionfor the payment of medical assistance for medically necessary reproductivehealth care service for eligible individuals, and provides that medical benefits required to be provided to individuals eligible for medicalassistance under the Family Access to Medical Insurance Security(FAMIS) Plan shall include reproductive health care services forwhich the payment of medical assistance is required under the stateplan for medical assistance. The bill directs the Board of MedicalAssistance Services to adopt emergency regulations to implement theprovisions of the bill. The bill also requires health benefit plansto cover the costs of specified health care services, drugs, devices,products, and procedures related to reproductive health. The healthbenefit plan requirements become effective when a plan is delivered, issued for delivery, reissued, or extended in the Commonwealth onand after January 1, 2022, or at any time thereafter when any termof the health benefit plan is changed or any premium adjustment ismade.