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HomeMy WebLinkAboutGeneral Assembly Update1 2026 General Assembly Sine die review 2 2026 Session Today’s update: •Post-session schedule •Status of Legislative Agenda items •Legislation of interest Goal of today’s presentation is to provide an update on the General Assembly session and highlight legislation of interest 3 Reconvene & special session Reconvene Session scheduled for Aprill 22nd •Will consider Governor's amendments and vetoes Special Session scheduled for April 23rd: •Special Session to consider Budget Bill conference report •Assembly adjourned March 14th before approving budget amendments •Debate over data center tax exemptions were central 4 Legislative Agenda items 10:1 Charter Election System HB 187 Convirs-Fowler SB 681 Rouse •Approved by Governor (Effective March 10th) •Approved by Governor (Effective March 9th) Subaquatic Vegetation HB 390 Askew •Passed House 98-0 •Passed Senate 37-0 with substitute, House agreed 98-0; Governor’s deadline April 13th 10-1 General Law HB 168 Askew SB 51 Rouse •Approved by Governor (Effective March 10th) •Approved by Governor (Effective March 9th) 5 Affordable Housing HB 4 Bennett- Parker Creates a framework for localities to preserve affordable housing by exercising a right of first refusal SB 74 McPike Authorizes any locality in the Commonwealth to provide for an Affordable Dwelling Unit program. The bill has a delayed effective date of July 1,2027. HB 15 Price SB 48 Rouse Increases the mandatory waiting period for a landlord to pursue remedies for termination of the rental agreement from five days to 14 days. HB 174 Feggans Removes the requirement that military personnel terminating a rental agreement due to identified permissible circumstances shall provide the landlord with a termination date that is no more than 60 days prior to the date of departure necessary to comply with the official orders or any supplemental instructions for interim training or duty prior to the transfer. HB 616 Anthony Requires a landlord, upon written request by a tenant, to within 10 business days provide such tenant a statement containing all fees, credits, and payments incurred by the tenant over the duration of the tenancy or the past 12 months HB 375 Krizek Provides for a right of first refusal, under the Manufactured Home Lot Rental Act, for resident entities, defined in the bill, and localities in which a manufactured home park is located when a manufactured home park owner enters into a contract to sell such manufactured home park. SB 290 Aird If a condition exists in a dwelling unit that constitutes a material noncompliance by the landlord with the rental agreement or with any provision of law, a locality may institute an action on behalf of any tenant or occupant 6 Economic Development HB 18 McLure Establishes the Employee Child Care Assistance Pilot Program SB 25 Foy HB 67 Feggans Department of Energy; workforce development in offshore wind industry. Directs the Director of the Department of Energy to identify and develop training resources to advance workforce development in the offshore wind industry in the Commonwealth. HB 275 Rasoul SB 10 Suetterlein Permits a child 16 years of age or older to serve in an apprenticeship program or other work- based learning experience related to culinary arts or information technology HB 693 McAuliff Streamlines and coordinates existing workforce development and internship programs 7 Energy HB 770 Herring A public utility may propose rates that provide discounted service to customers with an annual household income equal to or less than 200 percent of the federal poverty level. HB 2 Sickles Requires Dominion Energy to provide energy efficiency improvements to at least 30 percent of qualifying households SB 250 Surovell Plug-in Solar; permits any electric utility customer to own and operate a small portable solar generation device, provided that certain requirements are met. HB 1065 Hernandez Directs Appalachian Power and Dominion Energy to undertake a comprehensive assessment of available interconnection capacity at each such utility's existing and planned intermittent electric generation facilities located in the Commonwealth. The bill directs such utilities to establish pilot programs for energy storage resources and solar generation facilities that utilize surplus interconnection service, as defined in the bill, including a request for proposals. SB 659 Craig Creates the Solar Interconnection Grant Program 8 Flooding and Environment SB 802 Locke Puts Virginia back in the Regional Greenhouse Gas Initiative program SB 197 Williams Graves CFPF grants and loans; Interest on loans shall not accrue and repayment obligations shall not come into effect for loans or grants until completion of the project or study for which such funds are disbursed. HB 1444 Lopez Creates the Virginia Clean Energy Innovation Bank to finance clean energy projects, greenhouse gas emissions reduction projects, and other qualified projects through the strategic deployment of public funds in the form of grants, loans, credit enhancements, and other financing mechanisms HJ 16 Convirs Fowler Continues the Joint Subcommittee on Recurrent Flooding for an additional year, through 2027 HB 1241 Anthony Hampton Roads Planning District Commission (HRPDC) to develop an infrastructure coordination and fiscal readiness framework for Planning District 23 9 Public Safety HB 169 Askew Directs the Secretary of Public Safety and Homeland Security to establish a work group to evaluate existing emergency management needs SB 635 McDougle Department of Emergency Management to assess the feasibility and impact of developing a state of preparedness program SB 111 Craig Trespassing on emergency vehicle is a class 4 misdemeanor HB 325 Sullivan Department of Fire Programs shall develop a standardized, two-hour virtual asynchronous training program on mental health awareness HB 1333 Feggans Department of Fire Programs shall encourage employers to implement work schedules that do not require any paid firefighter's normally scheduled shifts to exceed 42 hours per workweek. HB 110 Laufer Provides that no person shall leave, place, or store a handgun in an unattended motor vehicle, when such handgun is visible to any person who is outside such unattended motor vehicle. The bill also provides that any person violating such prohibition is subject to a civil penalty of no more than $500 and that such unattended motor vehicle may be subject to removal for safekeeping. 10 Transportation HB 411 Reid Authorizes the Commissioner of Highways to enter into agreements for a term of five years with the U.S. Department of Transportation, as provided for in federal law, regarding state assumption of responsibility for categorical exclusions and the Surface Transportation Project Delivery Program. HB 55 Sullivan Authorizes counties and cities in Planning Districts 8, 9, 15, and 16 to place and operate noise abatement monitoring systems on any highway located in the locality for the purpose of recording and enforcing exhaust system violations, HJ 28 Askew Creates a 13-member joint subcommittee for a two-year study on options for providing long-term, sustainable, and dedicated operations and capital funding with cost-containment controls for HRT Multiple Multiple pieces of legislation that strengthen reporting requirements and guardrails for speed camera legislation: Develops uniform summons Expands the times for school zones Requires additional signage Expands those who can review camera footage and develops training program 11 Legislation with Fiscal Impact HB 1263 Tran SB 378 Surovell Collective Bargaining for Public Employees Delayed enactment of July 1, 2028 •Headed to Governor; April 13th deadline HB 569 Feggans SB 518 Rouse Requires prevailing wage for public works projects •Headed to Governor; April 13th deadline HB 5 Convirs-Fowler SB 199 Favola Requires one hour of paid sick leave for every 30 hours worked for all employees. Delayed effective date of July 1, 2027 •Headed to Governor; April 12th deadline HB 1207 Sewell SB 2 Boysko Establishes a mandatory paid family and medical leave insurance program with benefits beginning January 1, 2029. Premiums assessed to employers and employees beginning January 1, 2028 •Headed to Governor; April 12th deadline 12 Collective Bargaining Creates the Public Employee Relations Board Allows most state government and local government employees to form bargaining units of interest •18 specific bargaining units for state employees •4 specific bargaining units for school employees (Administrative,licensed , supervisors, and support) •Leaves local government units open to the number that apply for certification To create a bargaining unit: Requires 30% of a bargaining unit employees to call for an election; 50% + 1 of a bargaining unit for approval In defining such unit, (i) the desires of the employees involved; (ii) the community of interest, including such factors as the similarity of duties, skills, and working conditions of the employees involved; (iii) wages, hours, and other working conditions of the employees involved; (iv) the efficiency of operations of the public employer; (v) the administrative structure of the public employer; (vi) the recommendation of the parties; and (vii) the history of collective bargaining in other public sector jurisdictions. Both the bargaining unit and the governing body are required to negotiate in good faith If they cannot come to an agreement, goes to arbitration The final decision goes to the local governing body for approval and funding as a whole Fire and EMS employees have separate process where a 3-person panel makes the final decision Department of Labor has until July 1, 2028 to promulgate regulations for the Public Employee Relations Board providing a delayed enactment of the legislation 13 Revenue Streams HB 1272 Hayes SB 661 Rouse Skill Games authorization and tax $800/per month per machine tax – 15% to local government where machine is located •Headed to Governor; April 13th deadline HB 642 Krizek SB 542 Aird Establishes a framework for the creation of a retail marijuana market in the Commonwealth Delayed enactment of January 1, 2027 •Headed to Governor; April 13th deadline 14 Retail Cannabis Market Place Types of licenses: 1.Retail 2.Cultivation 3.Processing facility 4.Microbusiness 5.Transporter 6.Delivery operator 7.Testing facility Retail stores: •Maximum 350 retail marijuana stores •Maximum of 2,500 square feet of retail floor space •Must be 21 to purchase; no straw purchases allowed •Can’t sell through vending machine, drive-through window, or internet sales •2.5 oz limit per transaction per person •Can’t be located within 1,000 feet of a hospital, school, higher education, or child day program State tax revenue 6% tax in addition to the retail sales and use tax •40% to support early childhood care and early childhood education in the Commonwealth; •30% to the Cannabis Equity Reinvestment Fund •25% to Department of Behavioral Health and Developmental Services, which shall distribute such appropriated funds to community services boards for the purpose of administering substance use disorder prevention and treatment programs; and •5% to public health programs, including public awareness campaigns that are designed to prevent drugged driving, discourage consumption by persons younger than 21 years of age, and inform the public of other potential risks. 15 Retail Cannabis Market Place Local Government Authority •Can't prohibit the cultivation, processing, possession, sale, distribution, handling, transportation, consumption, use, advertising, or dispensing of marijuana or marijuana products in the Commonwealth. •May adopt an ordinance that prohibits use in local public parks, playgrounds, public streets, or any sidewalk adjoining any public street •Enforce local ordinances to regulate businesses licensed pursuant to this subtitle, including local zoning and land use requirements and business license requirements. •Locality may, by ordinance, set the hours in which a retail establishment can operate Signage Any outdoor signs placed on the property of a marijuana establishment shall not (i) display imagery of marijuana or the use of marijuana or (ii) draw undue attention to the facility, but may be designed to assist consumers to find the marijuana establishment Local Taxes •Mandatory 1 - 3.5% local tax adopted by ordinance Hemp Products Creates new regulations for hemp products; including: •Requiring registration to sell hemp products •New rules around packaging and labeling •No more than two milligrams of total THC per package unless they meet a separate standard requiring a CBD-to-THC ratio of at least 25 to 1. 16 Skill Games Legislation Capped at 25,000 games state-wide Locality can opt-out by referendum; Referendum can be called by the local governing body or by citizen petition Must obtain a license for each gaming device, each game must be labeled as certified for play Each game must be inspected by the Lottery Board Taxed at 25% of gross profits •75% goes to General Fund •15% to locality where game is located (3.75% of total) •6.5% to administer the program •2.5% to the problem gambling program •1% to state police 3-4 games allowed in convenience stores and restaurants 2 games allowed at establishments with a valid charitable gaming license 17 Faith in Housing Legislation Allows any property tax exempt 501 C3 organization and any religious organization to develop their property as an affordable housing complex by right •Does not require that the tax-exempt organization retain ownership •Not permitted in AICUZ •Subject to local real property taxation following completion, unless explicitly exempted by the locality. •The housing is open to the general public and follows nondiscrimination rules as provided by the Virginia Fair Housing Law •Property must be within 500 feet of water and sewer line •Must comply with all archeological and environmental laws and siting statutes and regulations, and regulations related to wetland protection, stormwater management, and erosion and sediment control; Department of Transportation laws governing highway access and secondary streets; and Department of Health laws governing water and wastewater. Allows: •Density of 20 units per acre •Building height of 45 feet or height of nearest building within 500 feet whichever is higher •One parking space per 300 square feet, or the fewest parking spaces required for that use type under the local zoning ordinance, whichever is less. •Mixed use development that includes religious worship space, child day centers, health clinics, coffee shops, or other uses that are ancillary to the operation or mission of the property tax-exempt organization. •Setback of 10 feet or smallest setback of any property within 500 feet 18 Discussion