(Business) Business Regulations

HB 1 Minimum wage; increases wage to $13.50 per hour effective January 1, 2025.

Chief patron: Ward

Summary as introduced:

Minimum wage. Increases the minimum wage from the current rate of $12.00 per hour to $13.50 per hour effective January 1, 2025, and to $15.00 per hour effective January 1, 2026. The bill satisfies a reenactment clause included in Chapters 1204 and 1242 of the Acts of Assembly of 2020. This bill is identical to SB 1.

02/23/24 Senate: Read third time
02/23/24 Senate: Passed Senate (21-Y 18-N)
02/28/24 House: Enrolled
02/28/24 House: Bill text as passed House and Senate (HB1ER)
03/01/24 House: Impact statement from DPB (HB1ER)

HB 132 Virginia Minority Business Commission; established, report, sunset clause.

Chief patron: Convirs-Fowler

Summary as introduced:
Virginia Minority Business Commission; report; sunset. Establishes the 13-member Virginia Minority Business Commission in the legislative branch of government for the purpose of promoting the growth and competitiveness of Virginia minority-owned businesses. The bill provides that the Commission sunsets on July 1, 2026.

01/01/24 House: Referred to Committee on Rules
01/15/24 House: Impact statement from DPB (HB132)
01/25/24 House: Assigned Rules sub: Studies Subcommittee
01/29/24 House: Subcommittee recommends incorporating (HB374-Feggans)
02/01/24 House: Tabled in Rules (17-Y 0-N)

HB 164 Procurement; preference for local products and firms by localities.

Chief patron: Keys-Gamarra

Summary as introduced:
Procurement; preference for local products and firms by localities. Allows localities to give a procurement preference to a higher bid that includes local products and firms so long as the bid price is not more than 10 percent greater than the bid price of the lowest responsive and responsible bidder.

01/02/24 House: Referred to Committee on General Laws
01/15/24 House: Impact statement from DPB (HB164)
01/26/24 House: Assigned GL sub: Procurement/Open Government
01/30/24 House: Subcommittee recommends incorporating (HB1361-Feggans)
02/01/24 House: Incorporated by General Laws (HB1361-Feggans)

HB 374 Virginia Minority Business Commission; established, membership, report, sunset clause.

Chief patron: Feggans

Summary as passed House:

Virginia Minority Business Commission; report; sunset. Establishes the 13-member Virginia Minority Business Commission in the legislative branch of government for the purpose of promoting the growth and competitiveness of Virginia minority-owned businesses. The bill provides that the Commission sunsets on July 1, 2028.

02/13/24 House: Read third time and passed House BLOCK VOTE (99-Y 0-N)
02/13/24 House: VOTE: Block Vote Passage (99-Y 0-N)
02/14/24 Senate: Constitutional reading dispensed
02/14/24 Senate: Referred to Committee on Rules
03/01/24 Senate: Reported from Rules (15-Y 0-N)

HB 590 Electronic gaming devices; regulation, penalties.

Chief patron: Hayes

Summary as passed House:

Regulation of electronic gaming devices; penalties. Authorizes and specifies the licensing requirements for the manufacture, distribution, operation, hosting, and playing of electronic gaming devices, as defined in the bill, under the regulatory authority of the Virginia Lottery Board. The bill imposes a 30 percent tax on all gross profits from the play of such electronic gaming devices and provides for the use of such tax proceeds. The bill also imposes criminal and civil penalties for violations of the law and regulations related to electronic gaming devices.

02/28/24 House: House acceded to request
02/28/24 House: Conferees appointed by House
02/28/24 House: Delegates: Hayes, Krizek, Kilgore
02/28/24 Senate: Conferees appointed by Senate
02/28/24 Senate: Senators: Rouse, Aird, Craig

HB 716 Small Business and Supplier Diversity, Department of; disparity study.

Chief patron: Torian

Summary as introduced:
Department of Small Business and Supplier Diversity; disparity study. Requires the Department of Small Business and Supplier Diversity to conduct a disparity study every five years, the next due no later than January 1, 2026. The study shall evaluate the need for enhancement and remedial measures to address the disparity between the availability and the utilization of women-owned and minority-owned businesses.

01/09/24 House: Prefiled and ordered printed; offered 01/10/24 24102659D
01/09/24 House: Referred to Committee on Rules
01/26/24 House: Incorporated by Rules (HB1404-Ward)

HB 723 Property Owners' Association Act; meeting of board of directors.

Chief patron: Webert

Summary as passed:

Property Owners' Association Act; meetings of the board of directors; inconsistent provisions. Provides that the provisions of the Property Owners' Association Act govern the conduct of meetings of the board of the directors without regard to whether the property owners' association is incorporated or unincorporated. The bill clarifies that such provisions shall not be interpreted to supersede corporate authorities otherwise established by law or governing documents.

02/27/24 House: Enrolled
02/27/24 House: Bill text as passed House and Senate (HB723ER)
02/27/24 House: Impact statement from DPB (HB723ER)
02/27/24 House: Signed by Speaker
03/01/24 Senate: Signed by President

HB 897 Small Business and Supplier Diversity, Department of; guidance to small businesses.

Chief patron: Kent

Summary as introduced:

Department of Small Business and Supplier Diversity; guidance to small businesses; identification of enforcement actions; work group; report. Requires the Department of Small Business and Supplier Diversity to develop and provide guidance to businesses with newly approved permits and established businesses regarding responsibilities and requirements for maintaining such business that includes information identifying any regularly occurring required report to a state agency and any associated fees, penalties, or waivers.

The bill requires each state agency to annually report any enforcement action taken by the agency against a small business in the previous calendar year that specifies each infraction and the enforcement action taken by the agency. The bill requires the Department to post de-identified aggregated data by state agency and infraction type from such reports on its website.

The bill requires the Department to convene a work group to identify and recommend means to provide relief to small businesses regarding regularly occurring required reports to state agencies. The work group is required to identify each such report and consider (i) if such report can be required less frequently or eliminated; (ii) if the required information has not changed since the previous report, allowing the small business to satisfy the reporting requirement by indicating that there has been no change; (iii) establishing a waiver or lowering the threshold to qualify for an existing waiver; (iv) reducing or eliminating any penalty for noncompliance; and (v) any other means to reduce the regulatory burden on small businesses. The Department is required to report its findings and recommendations to the General Assembly by November 1, 2024.

01/25/24 House: Assigned Rules sub: Studies Subcommittee
01/29/24 House: House subcommittee amendments and substitutes offered
01/29/24 House: Subcommittee recommends continuing to 2025 with substitute
02/01/24 House: Committee substitute posted to LIS only 24106392D-H1
02/01/24 House: Continued to 2025 with substitute in Rules

HB 924 Transportation network companies; publishing & disclosure requirements.

Chief patron: Srinivasan

Summary as passed House:

Transportation network companies;  publishing and disclosure requirements. Requires a transportation network company (TNC) to (i) issue an annual report to the Commissioner of the Department of Motor Vehicles containing the aggregate data regarding the average fare collected from passengers, the total time driven by TNC partners while transporting a passenger, and the total amount earned by TNC partners in connection with prearranged rides and (ii) disclose to TNC partners details about the deactivation process and provide a weekly summary that includes the total fare collected from passengers, the total amount earned, and the percentage earned by such TNC partner that week.

02/19/24 House: Impact statement from DPB (HB924H1)
02/22/24 Senate: Reported from Transportation (11-Y 4-N)
02/26/24 Senate: Constitutional reading dispensed (40-Y 0-N)
02/27/24 Senate: Read third time
02/27/24 Senate: Passed Senate (26-Y 12-N)

HB 990 Employer seeking wage or salary history of prospective employees; prohibited.

Chief patron: Maldonado

Summary as passed:

Prohibiting employer seeking wage or salary history of prospective employees; wage or salary range transparency; cause of action. Prohibits a prospective employer from (i) seeking the wage or salary history of a prospective employee; (ii) relying on the wage or salary history of a prospective employee in determining the wages or salary the prospective employee is to be paid upon hire; (iii) relying on the wage or salary history of a prospective employee in considering the prospective employee for employment; (iv) refusing to interview, hire, employ, or promote a prospective employee or otherwise retaliating against a prospective employee for not providing wage or salary history; and (v) failing or refusing to disclose in each public and internal posting for each job, promotion, transfer, or other employment opportunity the wage, salary, or wage or salary range. The bill establishes a cause of action for an aggrieved prospective employee or employee and provides that an employer that violates such prohibitions is liable to the aggrieved prospective employee or employee for statutory damages between $1,000 and $10,000 or actual damages, whichever is greater, reasonable attorney fees and costs, and any other legal and equitable relief as may be appropriate. This bill is identical to SB 370.

02/26/24 House: Senate substitute agreed to by House 24107923D-S1 (50-Y 46-N)
02/26/24 House: VOTE: Adoption (50-Y 46-N)
02/29/24 House: Enrolled
02/29/24 House: Bill text as passed House and Senate (HB990ER)
03/01/24 House: Impact statement from DPB (HB990ER)

HB 1059 Hospital price transparency; private right of action, patient payment disputes, noncompliance.

Chief patron: Helmer

Summary as introduced:
Hospital price transparency; private right of action; patient payment disputes; noncompliance; prohibition of debt collection. Allows patients, if a hospital is not in compliance with hospital price transparency laws on the date that an elective procedure, test, or service is provided to a patient by the hospital, and the noncompliance is related to such elective procedure, test, or service, to bring an action, individually or jointly, against the hospital to recover payment of the price of the elective procedure, test, or service. Under the bill, if a hospital is found not in compliance with hospital price transparency laws under such circumstances, the hospital is liable for the price of the elective procedure, test, or service provided; an additional equal amount as liquidated damages; interest accruing from the date the elective procedure, test, or service was provided; and reasonable attorney fees and costs. If a hospital is found not in compliance with hospital price transparency laws under such circumstances, the hospital is liable for an amount equal to triple the amount of the price of the elective procedure, test, or service and reasonable attorney fees and costs.

01/10/24 House: Prefiled and ordered printed; offered 01/10/24 24104639D
01/10/24 House: Referred to Committee on Health and Human Services
01/22/24 House: Impact statement from DPB (HB1059)
01/23/24 House: Stricken from docket by Health and Human Services (22-Y 0-N)

HB 1154 Virginia Public Procurement Act; preferences for goods, services, or construction by U.S. entities.

Chief patron: Sickles

Summary as introduced:
Virginia Public Procurement Act; preferences for goods, services, or construction by U.S. entities. Provides that in the case of a tie bid, preference shall be given first to goods produced in Virginia or to goods, services, or construction provided by Virginia persons, firms, or corporations and second to goods produced in the United States or to goods, services, or construction provided by United States persons, firms, or corporations.

01/10/24 House: Referred to Committee on General Laws
01/26/24 House: Assigned GL sub: Procurement/Open Government
01/29/24 House: Impact statement from DPB (HB1154)
01/30/24 House: Subcommittee recommends incorporating (HB1361-Feggans)
02/01/24 House: Incorporated by General Laws (HB1361-Feggans)

HB 1361 Virginia Public Procurement Act; Virginia resident preference.

Chief patron: Feggans

Summary as passed House:

Virginia Public Procurement Act; Virginia resident preference. Provides preference as it relates to procurement for a bidder who is a resident of Virginia and then a bidder whose goods are produced in the United States. The bill gives the next lowest responsive and responsible bidder who is a resident of Virginia the option to match the price of the lowest responsive and responsible bidder who is a resident of another state. The bill exempts a public body from the provisions of the bill if such public body is rendered ineligible to receive federal funding due to the provisions of the bill. The provisions of the bill do not become effective unless reenacted by the 2025 Session of the General Assembly.

02/28/24 Senate: Reading of substitute waived
02/28/24 Senate: Committee substitute agreed to 24108135D-S1
02/28/24 Senate: Engrossed by Senate - committee substitute HB1361S1
02/28/24 Senate: Passed Senate with substitute (39-Y 0-N)
03/01/24 House: Passed by for the day

HB 1404 Small SWaM Business Procurement Enhancement Program; established, definitions, report.

Chief patron: Ward

Summary as passed House:

Department of Small Business and Supplier Diversity; Small SWaM Business Procurement Enhancement Program established; disparity study report. Establishes the Small SWaM Business Procurement Enhancement Program with a statewide goal of 42 percent of certified small SWaM business utilization in all discretionary spending by executive branch agencies and covered institutions in procurement orders, prime contracts, and subcontracts, as well as a target goal of 50 percent subcontracting to small SWaM businesses in instances where the prime contractor is not a small SWaM business for all new capital outlay construction solicitations that are issued. Executive branch agencies and covered institutions are required to increase their small SWaM business utilization rate by three percent per year until reaching the 42 percent target level or, if unable to do so, to implement achievable goals to increase their utilization rate. In addition, the bill provides for a small SWaM business set-aside for state agency and covered institution purchases of goods, services, and construction, requiring that purchases up to $100,000 be set aside for award to certified small SWaM businesses.

The bill creates the Division of Procurement Enhancement within the Department of Small Business and Supplier Diversity for purposes of collaborating with the Department of General Services, the Virginia Information Technologies Agency, the Department of Transportation, and covered institutions to further the Commonwealth's efforts to meet the goals established under the Small SWaM Business Procurement Enhancement Program, as well as implementing initiatives to enhance the development of small businesses, microbusinesses, women-owned businesses, service disabled veteran-owned businesses and minority-owned businesses in the Commonwealth.

Finally, the bill Requires the Department of Small Business and Supplier Diversity to conduct a disparity study every five years, the next due no later than January 1, 2026. The study shall evaluate the need for enhancement and remedial measures to address the disparity between the availability and the utilization of women-owned and minority-owned businesses. The bill has a general delayed effective date of January 1, 2025 and a delayed effective dates of July 1, 2025 for covered institutions.

02/13/24 House: VOTE: Passage (73-Y 26-N)
02/14/24 Senate: Constitutional reading dispensed
02/14/24 Senate: Referred to Committee on Rules
02/15/24 House: Impact statement from DPB (HB1404H2)
03/01/24 Senate: Reported from Rules (9-Y 4-N)

HB 1506 Retail franchise agreements; governing law, competition restrictions.

Chief patron: Wyatt

Summary as introduced:
Retail franchise agreements; governing law; competition restrictions. Provides that retail franchise agreements shall be governed by the laws of the Commonwealth and prohibits any person from offering or entering into a franchise agreement that includes competition restrictions that extend beyond termination or expiration of the franchise agreement unless such restriction is approved by a court of competent jurisdiction.

01/19/24 House: Referred to Committee on Labor and Commerce
01/23/24 House: Assigned L & C sub: Subcommittee #1
01/29/24 House: Impact statement from SCC (HB1506)
02/06/24 House: Subcommittee recommends laying on the table (3-Y 2-N)
02/13/24 House: Left in Labor and Commerce

SB 1 Minimum wage; increases wage to $13.50 per hour effective January 1, 2025.

Chief patron: Lucas

Summary as introduced:

Minimum wage. Increases the minimum wage from the current rate of $12.00 per hour to $13.50 per hour effective January 1, 2025, and to $15.00 per hour effective January 1, 2026. The bill satisfies a reenactment clause included in Chapters 1204 and 1242 of the Acts of Assembly of 2020. This bill is identical to HB 1.

02/23/24 House: Passed House (51-Y 47-N)
02/23/24 House: VOTE: Passage (51-Y 47-N)
02/28/24 Senate: Enrolled
02/28/24 Senate: Bill text as passed Senate and House (SB1ER)
03/01/24 Senate: Impact statement from DPB (SB1ER)

SB 185 E-Verify program; every employer to enroll in program by January 1, 2025.

Chief patron: Sturtevant

Summary as introduced:
E-Verify program. Requires every employer to enroll in the E-Verify program by January 1, 2025, and to use the program for each newly hired employee who is to perform work within the Commonwealth. Under current law, only state agencies and certain employers with contracts with state agencies are required to use the program. The bill also requires the Attorney General to request the U.S. Department of Homeland Security, once each calendar quarter, to provide a list of agencies and employers that are enrolled and participate in the E-Verify program and to make such list available on the Attorney General's website.

01/17/24 Senate: Rereferred from General Laws and Technology (15-Y 0-N)
01/17/24 Senate: Rereferred to Commerce and Labor
01/29/24 Senate: Senate committee, floor amendments and substitutes offered
01/29/24 Senate: Impact statement from DPB (SB185)
01/29/24 Senate: Passed by indefinitely in Commerce and Labor (9-Y 6-N)

SB 284 Siting of data centers; impacts on resources and historically significant sites.

Chief patron: Roem

Summary as introduced:
Siting of data centers; impacts on resources and historically significant sites. Provides that any local government land use application required for the siting of a data center shall only be approved in areas where the data center will (i) have a minimal impact on historic, agricultural, and cultural resources and (ii) not be within one mile of a national park, state park, or other historically significant site.

01/09/24 Senate: Prefiled and ordered printed; offered 01/10/24 24101555D
01/09/24 Senate: Referred to Committee on General Laws and Technology
02/07/24 Senate: Continued to 2025 in General Laws and Technology (13-Y 2-N)

SB 285 Siting of data centers; site assessment.

Chief patron: Roem

Summary as introduced:
Siting of data centers; site assessment. Requires a locality, prior to any approval for the siting of a data center, to require disclosure of water and power usage at full build-out and perform a site assessment to examine the effect of the data center on water usage, the regional electric grid, and carbon emissions as well as any impacts on agricultural, historic, and cultural resources within the locality.

01/09/24 Senate: Prefiled and ordered printed; offered 01/10/24 24104537D
01/09/24 Senate: Referred to Committee on General Laws and Technology
02/07/24 Senate: Senate committee, floor amendments and substitutes offered
02/07/24 Senate: Continued to 2025 in General Laws and Technology (13-Y 2-N)

SB 288 Data centers; noise abatement.

Chief patron: Roem

Summary as introduced:
Data centers; noise abatement. Provides that any local government land use application required for the siting of a data center shall be approved only in accordance with certain notice and noise abatement requirements. The bill provides that residents within a half-mile radius of the parcel shall receive notice of the proposed data center and that the data center operator shall hold two neighborhood meetings. The bill requires a data center operator to design and build the data center to incorporate sound mitigation methods sufficient to prevent the sound levels emanating from the data center from exceeding the ambient noise levels that were observed in a baseline study, as determined by a third-party acoustic engineer. The bill also provides that upon issuance of a certificate of occupancy, and for five years thereafter, the data center operator shall conduct a noise study performed by a third-party acoustical engineer to document noise levels emanating from the data center measured at the property line of the nearest property to the data center property that is planned or zoned for residential land uses, or other noise sensitive use as reasonably determined by the locality, during peak operation of the data center mechanical equipment. The bill also provides that if the data center operator intends to use backup power generators on the parcel, the operator shall maintain a public website announcing the times when the generators will be in operation.

01/09/24 Senate: Prefiled and ordered printed; offered 01/10/24 24102008D
01/09/24 Senate: Referred to Committee on Local Government
01/15/24 Senate: Impact statement from DHCD/CLG (SB288)
01/29/24 Senate: Senate committee, floor amendments and substitutes offered
01/29/24 Senate: Failed to report (defeated) in Local Government (7-Y 8-N)

SB 370 Employer seeking wage or salary history of prospective employees; prohibited.

Chief patron: Boysko

Summary as passed Senate:

Prohibiting employer seeking wage or salary history of prospective employees; wage or salary range transparency; cause of action. Prohibits a prospective employer from (i) seeking the wage or salary history of a prospective employee; (ii) relying on the wage or salary history of a prospective employee in determining the wages or salary the prospective employee is to be paid upon hire; (iii) relying on the wage or salary history of a prospective employee in considering the prospective employee for employment; (iv) refusing to interview, hire, employ, or promote a prospective employee or otherwise retaliating against a prospective employee for not providing wage or salary history; and (v) failing or refusing to disclose in each public and internal posting for each job, promotion, transfer, or other employment opportunity the wage, salary, or wage or salary range. The bill establishes a cause of action for an aggrieved prospective employee or employee and provides that an employer that violates such prohibitions is liable to the aggrieved prospective employee or employee for statutory damages between $1,000 and $10,000 or actual damages, whichever is greater, reasonable attorney fees and costs, and any other legal and equitable relief as may be appropriate. This bill is identical to HB 990.

02/23/24 House: Passed House (50-Y 48-N)
02/23/24 House: VOTE: Passage (50-Y 48-N)
02/28/24 Senate: Enrolled
02/28/24 Senate: Bill text as passed Senate and House (SB370ER)
02/28/24 Senate: Impact statement from DPB (SB370ER)

SB 667 Cloud Computing Cluster Infrastructure Grant Fund; performance agreement.

Chief patron: Stuart

Summary as introduced:
Cloud Computing Cluster Infrastructure Grant Fund; performance agreement. Removes the authority to make commitments related to accelerated permitting, property tax classifications, and other such issues in an agreement between a qualified company and a locality for purposes of the Cloud Computing Cluster Infrastructure Grant Fund.

01/16/24 Senate: Presented and ordered printed 24100954D
01/16/24 Senate: Referred to Committee on General Laws and Technology
01/31/24 Senate: Impact statement from DPB (SB667)
01/31/24 Senate: Failed to report (defeated) in General Laws and Technology (3-Y 12-N)

Counts: HB: 15 SB: 7