(RegReform) Regulatory Reform

HB 71 Combined sewer overflow outfalls; compliance with regulations, Chesapeake Bay Watershed.

Chief patron: Bulova

Summary as introduced:

Combined sewer overflow outfalls; compliance with regulations; Chesapeake Bay Watershed. Extends from July 1, 2025, to July 1, 2026, the date by which certain combined sewer overflow (CSO) outfalls that discharge into the Chesapeake Bay Watershed must be in compliance with Virginia law, the federal Clean Water Act, and the Presumption Approach described in the EPA CSO Control Policy, unless a higher level of control is necessary to comply with a total maximum daily load. This bill is identical to SB 372.

03/07/24 House: Impact statement from DPB (HB71ER)
03/07/24 House: Signed by Speaker
03/08/24 Senate: Signed by President
03/11/24 House: Enrolled Bill communicated to Governor on March 11, 2024
03/11/24 Governor: Governor's Action Deadline 11:59 p.m., April 8, 2024

HB 123 Health insurance; ethics and fairness in carrier business practices.

Chief patron: Sullivan

Summary as passed House:

Health insurance; ethics and fairness in carrier business practices. Makes various changes to requirements governing the business practices of health carriers in the processing and payment of claims. The bill prescribes criteria for what constitutes a "clean claim." The bill prohibits a carrier from imposing any retroactive denial of a previously paid claim or in any other way seeking recovery or refund of a previously paid claim unless the carrier specifies in writing the specific claim or claims for which the retroactive denial is to be imposed or the recovery or refund is sought and the carrier has provided a written explanation of why the claim is being retroactively adjusted. The bill provides that the time limit for a retroactive denial is 12 months; however, a provider and a carrier may agree in writing that recoupment of overpayments by withholding or offsetting against future payments may occur after such 12-month limit. The bill requires carriers, beginning no later than July 1, 2025, to make available an electronic means for providers to determine whether an enrollee is covered by a health plan that is subject to the State Corporation Commission's jurisdiction. The bill provides that the ethics and fairness requirements apply to the carrier and provider, regardless of any vendors, subcontractors, or other entities that have been contracted by the carrier or the provider to perform their duties. The bill provides that if a carrier's claim denial is overturned following completion of a dispute review, the carrier is required to consider the claims impacted by such decision as clean claims and all applicable laws related to the payment of a clean claim apply. The bill prohibits a provider from filing a complaint with the State Corporation Commission for failure to pay claims unless such provider has made a reasonable effort to confer with the carrier in order to resolve the issues related to all claims that are under dispute. Finally, the bill requires all provider contracts, amendments, and notices and certain other communications to be delivered electronically. This bill is identical to SB 425.

02/27/24 House: Signed by Speaker
03/01/24 Senate: Signed by President
03/05/24 House: Impact statement from SCC (HB123ER)
03/11/24 House: Enrolled Bill communicated to Governor on March 11, 2024
03/11/24 Governor: Governor's Action Deadline 11:59 p.m., April 8, 2024

HB 208 Comprehensive plan; locality may consider adopting a healthy communities strategy.

Chief patron: Simonds

Summary as passed:

Comprehensive plan; healthy communities strategy. Authorizes a locality, beginning July 1, 2024, to adopt a healthy communities strategy as part of its next and any subsequent reviews of the comprehensive plan. The bill provides that the locality's strategy may include identifying (i) major sources of pollution or hazardous waste sites within the locality, (ii) policies to mitigate the unique or compounded health risks to residents that may be caused by such pollution sources or hazardous waste sites, (iii) objectives and policies to promote civic engagement in public decision-making processes by residents, (iv) objectives and policies that prioritize improvements and programs that promote healthy communities, and (v) objectives and policies that encourage linking public transit with community and health services and siting or co-locating health services in unconventional settings to ensure convenient access for all community members. This bill is identical to SB 595.

02/28/24 House: Bill text as passed House and Senate (HB208ER)
02/28/24 House: Signed by Speaker
03/02/24 Senate: Signed by President
03/11/24 House: Enrolled Bill communicated to Governor on March 11, 2024
03/11/24 Governor: Governor's Action Deadline 11:59 p.m., April 8, 2024

HB 264 Legal notices and publications; online-only news publications, requirements.

Chief patron: Hope

Summary as introduced:

Legal notices and publications; online-only news publications; requirements. Provides that, where any ordinance, resolution, notice, or advertisement is required by law to be published in a newspaper, such ordinance, resolution, notice, or advertisement instead may be published in an online-only news publication subject to certain requirements specified in the bill. The bill sets out a process by which an online-only news publication shall petition the circuit court of the appropriate jurisdiction to publish such ordinances, resolutions, notices, or advertisements and authorizes the court to grant such online-only news publication the authority to publish such ordinances, resolutions, notices, or advertisements for a period of one year. The bill also describes the process by which an online-only news publication may continue renewing such authority to publish in each successive year. This bill is identical to SB 157.

02/27/24 House: Bill text as passed House and Senate (HB264ER)
02/27/24 House: Signed by Speaker
03/01/24 Senate: Signed by President
03/11/24 House: Enrolled Bill communicated to Governor on March 11, 2024
03/11/24 Governor: Governor's Action Deadline 11:59 p.m., April 8, 2024

HB 337 Siting of data centers; impacts on resources and historically significant sites.

Chief patron: Thomas

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-half mile of a national park, state park, or other historically significant site.

01/05/24 House: Prefiled and ordered printed; offered 01/10/24 24101113D
01/05/24 House: Referred to Committee on Counties, Cities and Towns
01/24/24 House: Assigned CC & T sub: Subcommittee #3
02/08/24 House: Subcommittee recommends laying on the table (7-Y 0-N)
02/13/24 House: Left in Counties, Cities and Towns

HB 338 Siting of data centers; locality may perform site assessment before approval.

Chief patron: Thomas

Summary as passed House:

Siting of data centers; site assessment. Allows a locality, prior to any approval for the siting of a data center, to perform a site assessment to examine the effect of the data center on water usage and carbon emissions within the locality.

02/13/24 House: Read third time and passed House (55-Y 42-N 1-A)
02/13/24 House: VOTE: Passage (55-Y 42-N 1-A)
02/14/24 Senate: Constitutional reading dispensed
02/14/24 Senate: Referred to Committee on General Laws and Technology
02/28/24 Senate: Continued to 2025 in General Laws and Technology (9-Y 3-N 3-A)

HB 378 Developer performance guarantees; clarifies existing provisions related to periodic partial release.

Chief patron: Owen

Summary as introduced:
Release of developer performance guarantees. Clarifies that existing provisions related to the periodic partial and final release of developer performance guarantees also applies to performance guarantees for erosion and sediment control measures, stormwater management facilities, and fill and borrow areas.

02/08/24 House: Passed by for the day
02/09/24 House: Passed by for the day
02/12/24 House: Read second time and engrossed
02/13/24 House: Read third time and defeated by House (47-Y 52-N)
02/13/24 House: VOTE: Defeated (47-Y 52-N)

HB 605 Dental hygienists; remote supervision.

Chief patron: Price

Summary as introduced:
Dental hygienists; remote supervision. Extends from 90 days to 180 days the period during which a dental hygienist practicing under remote supervision may continue to treat a patient, after which period the supervising dentist shall conduct an examination or refer the patient to another dentist to conduct an examination. Under current law, a dental hygienist practicing under remote supervision may continue to treat a patient for 90 days.

02/29/24 House: Impact statement from DPB (HB605ER)
02/29/24 House: Signed by Speaker
03/03/24 Senate: Signed by President
03/11/24 House: Enrolled Bill communicated to Governor on March 11, 2024
03/11/24 Governor: Governor's Action Deadline 11:59 p.m., April 8, 2024

HB 658 Elections; allows for any local or constitutional office to be conducted by ranked choice voting.

Chief patron: Cole

Summary as introduced:

Elections; conduct of election; ranked choice voting; locally elected offices; 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 that is not shared by more than one county or city 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 Department of Elections. The bill specifies that ranking data is required to be made publicly available by the Department 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 also limits a risk-limiting audit of an election conducted using ranked choice voting to the first choice rankings reported on voting systems. 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.

01/19/24 House: Assigned P & E sub: Election Administration
01/22/24 House: Impact statement from DPB (HB658)
01/22/24 House: House subcommittee amendments and substitutes offered
01/22/24 House: Subcommittee recommends continuing to 2025
01/26/24 House: Continued to 2025 in Privileges and Elections

HB 1010 Data centers; sitings near parks, schools, and residential areas.

Chief patron: Lovejoy

Summary as introduced:
Siting of data centers; parks, schools, and residential areas. Requires that any local government land use application required for the siting of a data center, as defined in the bill, be approved only for areas that are one-quarter mile or more from federal, state, or local parks, schools, and property zoned or used for residential use.

01/17/24 House: Impact statement from DHCD/CLG (HB1010)
01/24/24 House: Assigned CC & T sub: Subcommittee #3
02/08/24 House: House subcommittee amendments and substitutes offered
02/08/24 House: Subcommittee recommends laying on the table (7-Y 0-N)
02/13/24 House: Left in Counties, Cities and Towns

HB 1067 Pharmacy technicians; expansion of allowable duties.

Chief patron: Hodges

Summary as introduced:

Pharmacy technicians; expansion of allowable duties. Allows pharmacy technicians to clarify quantity or refills for a prescription issued for a Schedule VI drug. Current law only allows pharmacy technicians to accept refill authorizations. The bill also allows pharmacy technicians to accept electronic transfer of a refill for a Schedule VI drug upon order of the pharmacist-in-charge or pharmacist on duty if the refill is not an on-hold prescription. The bill defines "on-hold prescription" as a valid prescription that is received and maintained at the pharmacy for initial dispensing on a future date.

02/29/24 House: Impact statement from DPB (HB1067ER)
02/29/24 House: Signed by Speaker
03/03/24 Senate: Signed by President
03/11/24 House: Enrolled Bill communicated to Governor on March 11, 2024
03/11/24 Governor: Governor's Action Deadline 11:59 p.m., April 8, 2024

HB 1115 Consumer Data Protection Act; social media platforms.

Chief patron: Hodges

Summary as introduced:
Consumer Data Protection Act; social media platforms. 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 implementing certain practices, designs, and features of the social media platform for any interaction with such child that includes infinite scroll, auto-playing videos, push notifications, gamification, and virtual gifts.

01/10/24 House: Prefiled and ordered printed; offered 01/10/24 24103343D
01/10/24 House: Referred to Committee on Communications, Technology and Innovation
01/19/24 House: Assigned CT & I sub: Communications
01/29/24 House: Subcommittee recommends laying on the table (6-Y 4-N)
02/13/24 House: Left in Communications, Technology and Innovation

HB 1310 Zoning; enhanced civil penalties for violations involving nonpermitted commercial uses.

Chief patron: Clark

Summary as introduced:
Zoning; civil penalties; commercial uses. Allows enhanced civil penalties for zoning violations involving nonpermitted commercial uses. The bill also requires that for any violation involving nonpermitted commercial uses, a person who admits liability shall be required to abate or remedy the nonpermitted commercial use violation within a period of time specified by the locality that is no less than 30 days but no more than 24 months from the date of admission of liability.

01/10/24 House: Referred to Committee on Counties, Cities and Towns
01/23/24 House: Assigned CC & T sub: Subcommittee #1
01/26/24 House: House subcommittee amendments and substitutes offered
01/26/24 House: Subcommittee recommends continuing to 2025 with amendment(s) (0-Y 0-N)
01/26/24 House: Continued to 2025 in Counties, Cities and Towns

HB 1428 Regulatory boards; application review timelines.

Chief patron: Shin

Summary as introduced:
Department of Professional and Occupational Regulation; application review timelines. Requires each regulatory board within the Department of Professional and Occupational Regulation to adopt a timeline of each stage that a completed application for licensure, certification, or registration will undergo as it is reviewed by such board. The bill also requires that such regulatory board approve any completed application within 30 days of its receipt unless such board has reasonable certainty that such application includes grounds for denial.

01/18/24 House: Referred to Committee on General Laws
01/26/24 House: Assigned GL sub: Professions/Occupations and Administrative Process
01/30/24 House: Impact statement from DPB (HB1428)
02/08/24 House: Subcommittee recommends striking from docket (7-Y 0-N)
02/08/24 House: Stricken from docket by General Laws (20-Y 0-N)

HB 1501 Cash proffers; development rights.

Chief patron: Milde

Summary as introduced:
Cash proffers; development rights. Provides that cash payments proffered pursuant to § 15.2-2298, 15.2-2303, or 15.2-2303.1 may be used for the purpose of extinguishing development rights elsewhere in the locality if the development rights to be extinguished are greater than the development rights being granted and the extinguishing of those development rights results in a perpetual conservation easement. The bill also provides that cash payments proffered may be used to seek matching funds from the Virginia Land Conservation Foundation and the Virginia Farmland Preservation Fund.

01/19/24 House: Referred to Committee on Counties, Cities and Towns
01/23/24 House: Assigned CC & T sub: Subcommittee #2
02/01/24 House: House subcommittee amendments and substitutes offered
02/07/24 House: Impact statement from DPB (HB1501)
02/13/24 House: Left in Counties, Cities and Towns

SB 53 State Air Pollution Control Board; motor vehicle emissions standards.

Chief patron: McDougle

Summary as introduced:
State Air Pollution Control Board; motor vehicle emissions standards. Repeals the requirement that the State Air Pollution Control Board implement a low-emissions and zero-emissions vehicle program for motor vehicles with a model year of 2025 and later. The bill prohibits the Board from adopting or enforcing any model year standards related to control of emissions from new motor vehicles or new motor vehicle engines, including low-emission vehicle and zero-emission vehicle standards pursuant to the federal Clean Air Act and prohibits the Commonwealth from requiring any new motor vehicle or new motor vehicle engine to be certified as compliant with model year standards related to the control of emissions adopted by California for which a waiver has been granted pursuant to the federal Clean Air Act.

12/22/23 Senate: Prefiled and ordered printed; offered 01/10/24 24101343D
12/22/23 Senate: Referred to Committee on Agriculture, Conservation and Natural Resources
01/16/24 Senate: Incorporated by Agriculture, Conservation and Natural Resources (SB3-Stuart) (14-Y 0-N)

SB 200 Legal notices; locality to advertise on their website.

Chief patron: Diggs

Summary as introduced:
Advertisement of legal notices; website. Allows a locality to advertise legal notices on the locality's website instead of, or in addition to, publishing such notices in a newspaper having general circulation in the locality.

01/08/24 Senate: Prefiled and ordered printed; offered 01/10/24 24102261D
01/08/24 Senate: Referred to Committee on Local Government
01/22/24 Senate: Continued to 2025 in Local Government (13-Y 2-N)

SB 393 MEI Project Approval Commission; board-level gender and diversity requirements.

Chief patron: Pekarsky

Summary as introduced:
MEI Project Approval Commission; board-level gender and diversity requirements. Requires that the MEI Project Approval Commission considers, prior to recommending approval of any major employment and investment (MEI) project, (i) whether a business has and commits to maintaining a balanced board of directors based upon gender and racial diversity, such that at least 30 percent of such board of directors consists of women and historically underrepresented groups, and (ii) whether a business seeking approval of a project submits a board diversity disclosure and commits to updating such disclosure annually, specifying the number and percentage of diverse directors on the board of such business who self-identify as female or represent a national, racial, ethnic, indigenous, or cultural minority in the country of the business's principal executive offices.

03/04/24 House: Delegates: Watts, Maldonado, Coyner
03/08/24 Conference: Amended by conference committee
03/08/24 Senate: Conference report agreed to by Senate (21-Y 19-N)
03/09/24 House: Conference report agreed to by House (51-Y 47-N)
03/09/24 House: VOTE: Adoption (51-Y 47-N)

SB 429 Casino gaming; eligible host cities.

Chief patron: VanValkenburg

Summary as introduced:
Casino gaming; eligible host cities. Reduces from five to four the number of cities eligible to host a casino in the Commonwealth by removing Richmond from the list of eligible host cities.

01/09/24 Senate: Prefiled and ordered printed; offered 01/10/24 24101270D
01/09/24 Senate: Referred to Committee on General Laws and Technology
01/17/24 Senate: Assigned GL&T sub: Gaming
01/23/24 Senate: Impact statement from DPB (SB429)
01/24/24 Senate: Stricken at request of Patron in General Laws and Technology (15-Y 0-N)

SB 701 Vested rights; building permits.

Chief patron: French

Summary as passed Senate:

Vested rights; building permits. Provides that if a locality has issued a building permit, despite nonconformance with the zoning ordinance, and a property owner, relying in good faith on the issuance of the building permit, incurs extensive obligations or substantial expenses in diligent pursuit of a building project that is in conformance with the building permit and the Uniform Statewide Building Code, the locality shall not treat such building as an illegal use but rather as a legal nonconforming use. Current law requires that such project be completed and a certificate of occupancy issued in order to receive such protection.

03/06/24 Senate: Bill text as passed Senate and House (SB701ER)
03/06/24 House: Signed by Speaker
03/07/24 Senate: Signed by President
03/11/24 Senate: Enrolled Bill Communicated to Governor on March 11, 2024
03/11/24 Governor: Governor's Action Deadline 11:59 p.m., April 8, 2024

Counts: HB: 15 SB: 5