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Legislative Update: 2/28/2021-3/6/2021

Legislative Update: 2/28/2021-3/6/2021

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Your Chamber, committees and staff are working harder than ever to provide up-to-date information on what your Chamber is doing to support the local business climate. The Legislative Committee in 2018, 2019, and 2020 worked hard to encourage laws and policies that are favorable for businesses. We want to serve you more effectively, and this year we will. With the creation of this Legislative Update, your Chamber is working to keep our members and business community informed about legislation being considered during the 2021 Virginia General Assembly Legislative Session.

So how does the Legislative Update work? Great question! Every Thursday, your Chamber will release a Legislative Update post, that outlines important legislation being considered by the Virginia General Assembly. Key topics were identified using the 2021 Chamber Legislative Agenda. Under each topic you will find a listing of bills and a brief summary of the bill. If you would like to know know more information on each piece of legislation, we encourage you to click the link for a detailed summary. Additionally, each bill will note where it currently remains (in committee, moved to the House of Senate floor to vote, passed/did not pass, and when the bill is signed into law.) Each week you will find new bills listed as they are introduced, with the same information previously listed.

View this post as a resource; as resource to stay up-to-date on where key legislation remains in the Virginia General Assembly. Your Chamber is providing this resource so our members and business community may contact their representatives so their voice can be heard. For a list of State elected officials that represent Montgomery County check out our Legislative Update page.  

*** Your Legislative Team has reformatted the list below. Any legislation that has either passed, or is communicated to the Governor with a deadline to be signed, is listed first. 
***Please note that the information was gathered by no later than Tuesday, March 2, 2021. While we will update weekly where each bill remains, we encourage you to follow the link in the title of each bill. 
***Bills that have been tabled, left in subcommittee or otherwise did not pass will be noted with a strikethrough (e.g HB 1915: Teachers; required to be compensated at or above national average.)
 

Invest in a Well-Trained Talent Supply Pipeline
Improve Infrastructure and Capacity for Economic Development
  • HB 1967: Virginia Jobs Investment Program and Fund; minimum wage requirements. Delegate Lamont Bagby. (Governor: Approved by Governor-Chapter 16 (effective 7/1/21)
    • In order to be eligible for assistance under the Virginia Jobs Investment Program a company must pay minimum entry-level wage equal to 1.2 times the federal minimum wage or the Virginia minimum wage, whichever is higher.
  • HB 2063: Virginia Overtime Wage Act; overtime compensation employees, penalties. Delegate Michael P. Mullin. (Senate: Passed Senate with amendments (21-Y, 18-N);
    House: Senate amendments agreed to by House (54-Y, 45-N) 2/24/2021)
    • ​Requires an employer to compensate employee for any hours in excess of 40 hours in one workweek at a rate no less than 1.5 times the regular rate of pay. The bill lays out the penalties if an employer fails to pay overtime, and includes a three year statute of limitations to bring a claim.
  • HB 2137: Paid sick leave; employers to provide to certain employees. Delegate Elizabeth R. Guzman. (Senate: Passed Senate with substitute (21-Y 18-N);
    House vote adoption (52-Y 44-N); Reconsideration of Senate substitute agreed to by House; Senate substitute agreed to by House 21200620D-S2 (54-Y 44-N); House vote adoption #2 (54-Y 44-N) 2/25/2021)
    • Requires employers to provide earned sick leave for essential workers working at least 20 hours a week or 90 hours per month. Commission of Labor will create and categorize what will qualify as an essential worker. Those hours can be used for various medical reasons. Bill provides certain protections for employees in using those hours.
  • HB 1893:  New River Valley Passenger Rail Station Authority; creation of authority in Planning District 4. Delegate Chris L. Hurst (12th District) (House: Enrolled bill communicated to Governor on 3/1/2021; Governor: Governor's action deadline 11:59 p.m., 3/31/2021)
    • ​Authorizes the creation of a regional passenger rail station authority in Planning District 4 to assist in the creation and maintenance of passenger rail in the region, which is authorized to enter into revenue sharing agreements and to issue revenue bonds. The authority would be governed by a board consisting of members of each participating locality and institution of higher education.
  • HB 2071: Transportation funding; statewide prioritization process, resiliency. Delegate Kelly K. Convirs Fowler. (House: Enrolled Bill communicated to Governor on February 25, 2021; 
    Governor: Governor's Action Deadline 11:59 p.m., March 31, 2021)
    • Adds resiliency to the list of factors to be considered during the statewide transportation funding prioritization process commonly known as SMART SCALE. The bill also requires that the factors of congestion mitigation, economic development, accessibility, safety, resiliency, and environmental quality be considered relative to the anticipated life-cycle cost of the project or strategy under consideration.
  • HB 1923: Electric utilities; expands existing broadband capacity pilot program. Delegate Hala S. Ayala. (House: Enrolled bill communicated to Governor on 3/1/2021; Governor: Governor's action deadline 11:59 p.m., 3/31/2021)
    • Pilot program allowing Dominion Energy and Appalachian Power to provide internet service capacity in underserved areas will now allow municipal Internet service providers to also provide internet service under the program.
  • SB 1334: Pilot program for broadband capacity; municipal broadband authorities. Senator John S. Edwards (21st District) (House: Enrolled Bill communicated to Governor on February 24, 2021; 
    Governor: Governor's Action Deadline 11:59 p.m., March 31, 2021    )
    • ​Expands the existing broadband pilot program to allow for the participation of municipalities and government-owned broadband authorities in order to provide broadband service to unserved areas of the Commonwealth.
  • SB 1413: Provision of broadband capacity by Phase I or Phase II electric utilities.  Senator Jennifer B. Boysko. (House: Enrolled Bill communicated to Governor on February 25, 2021; 
    Governor: Governor's Action Deadline 11:59 p.m., March 31, 2021)
    • ​Makes permanent the pilot program under which a Phase I or Phase II electric utility is permitted to petition the State Corporation Commission to provide broadband capacity to unserved areas of the Commonwealth. Also allows investor-owned electric utilities to recover certain costs.
  • HB 2304; Provision of broadband capacity by Phase I or Phase II electric utilities. Delegate Roslyn C. Tyler. (House: Enrolled bill communicated to Governor on 3/1/2021; Governor: Governor's action deadline 11:59 p.m., 3/31/2021)
    • Makes permanent the pilot program under which a Phase I or Phase II electric utility is permitted to petition the State Corporation Commission to provide broadband capacity to unserved areas of the Commonwealth. Also allows investor-owned electric utilities to recover certain costs.
  • HB 1754: Employer or other person; retaliatory discharge of employee prohibited. Delegate Lee J. Carter. (Senate: Passed by indefinitely in Commerce & Labor (10-Y 5-N)- 2/15/2021)
    • ​Prohibits an employer or other person from discharging or taking other retaliatory action against an employee if doing so is motivated by the knowledge or belief that the employee has filed a claim or intends to take certain actions under the Virginia Workers' Compensation Act.   
  • HB 1785: Employment health and safety standards; heat illness prevention. Delegate Jelon A. Ward. (Stricken from docket by Labor and Commerce (19-Y, 0-N)- 1/28/2021)
    • ​Requires the Safety and Health Codes Board to adopt regulations establishing standards designed to protect employees from heat illness, and authorizes an employees to seek injunctive relief and monetary damages.
  • HB 1786: Minimum wage; farm laborers or farm employees. Delegate Jelon A. Ward. (Senate: Continued to 2021 Sp.Sess. 1 in General Laws and Technology (15-Y, 0-N) 2/5/20)
    • ​Eliminates the exemption from Virginia's minimum wage requirements for persons employed as farm laborers or farm employees.
  • HB 1954: Minimum wage; application to certain persons providing fire or emergency medical services. Delegate G. "John" Avoli. (House: Left in Labor & Commerce subcommittee #1- 2/5/2021)
    • The minimum wage requirements of the Virginia Minimum Wage Act does not apply for fire or emergency medical services for a fire company or nongovernmental emergency medical services agency personnel.
  • HB 2103: Certain public & private employers to provide earned paid sick time. Delegate A. Reid. (House: Left in Appropriations  2/5/2021)
    • The bill requires employers with 35 or more full-time employees be eligible to earn up to 40 hours of paid sick leave or more if the employer selects a higher amount. Those hours can be used for various medical reasons. Bill provides certain protections for employees in using those hours. The bill has a delayed effective date of January 1, 2023.
  • HB 2214: Broadband service territory maps; Commonwealth Broadband Chief Advisor to develop and maintain. Delegate Israel D. O'Quinn. (House: Left in Appropriations- 2/5/2021)
    • Requires the Commonwealth Broadband Chief Advisor to develop and maintain a map of private broadband provider service territories, including accurate average broadband speeds in such territories. The map shall be updated yearly and be made available to the public.
  • HB 2270: Minimum wage; effective dates of scheduled increases; report. Delegate Daniel W. Marshall, III. (House: Left in Labor & Commerce - 2/5/2021)
    • ​Postpones the effective date of scheduled increases to the Virginia minimum wage. The initial increase to $9.50, currently set to take effect on May 1, 2021, will take effect on January 1, 2022, under the bill. The bill postpones the effective dates of all other scheduled increases by one year.
 
Access to and Improvement in Healthcare
  • HB 2070: Community services boards; contracts with private providers. Delegate Rodney T. Willett. (House: Enrolled bill communicated to Governor on 3/1/2021; Governor: Governor's action deadline 11:59 p.m., 3/31/2021)
    • Clarifies that community services boards may enter into contracts with private providers for delivery of mental health, developmental, and substance abuse services.
  • HB 2332: Commonwealth Health Reinsurance Program. Delegate Mark D. Sickles. (Senate: Conference report agreed to by Senate (25-Y, 14-N); House: Conference report agreed to by House (69-Y, 29-N); House vote agreed to (69-Y, 29-N)
    • ​Bill would require the State Corporation Commission to establish a reinsurance program called the Commonwealth Health Reinsurance Program, whose purpose is to stabilize premiums for health benefit plans in the individual market by providing greater affordability for consumers of health insurance. Prior to establishment, it would require the approval of a state innovation waiver request pursuant to § 1332 of the Affordable Care Act, and be funded through federal funding provided under the state innovation waiver and state appropriations.
  • HB 1769: Health care providers, certain; licensure or certification by endorsement. Delegate Nicholas J. Freitas. (House: Left in Health, Welfare and Institutions 2/5/2021)
    • Allows a reciprocal agreement to acknowledge a license or certification from another state, the District of Columbia, or a United States territory or possession as long as it meets certain requirements set forth by the Board of Medicine.
  • HB 2033: Health insurance; association health plan for real estate salespersons. Delegate Chris L. Hurst (12th District). (House: Left in Labor and Commerce- 2/5/2021)
    • Allows a licensed insurer to issue a group health insurance policy to a real estate salespersons (association). Certain qualifications must be met.
  • SB 1330: Paid family and medical leave program. Senator Jennifer B. Boysko. (Passed by indefinitely in Commerce & Labor 12-Y 3-N- 1/18/2021)
    • Requires the Virginia Employment Commission to establish and administer a 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.
 
Pandemic and Other Health Emergencies Affecting the Business Community
  • HB 2124: COVID-19; DMAS to deem testing, treatment, and vaccination to be emergency services. Delegate Alfonso H. Lopez (Senate: Passed Senate with amendment (38-Y, 1-N);
    House: Senate amendment agreed to by House (61-Y, 38-N); House vote adoption (61-Y, 38-N)    )
    • Directs the Department of Medical Assistance Services to deem testing for, treatment of, and vaccination against COVID-19 to be emergency services for which payment may be made pursuant to 42 U.S.C. 1396b(v) for certain aliens not lawfully admitted for permanent residence.
  • HB 2185: Retail Sales and Use Tax; exemption for personal protective equipment. Delegate Kathy Byron. (House: Enrolled Bill communicated to Governor on February 25, 2021; 
    Governor: Governor's Action Deadline 11:59 p.m., March 31, 2021)
    • ​Establishes a retail sales and use tax exemption for personal protective equipment for businesses that have in place a COVID-19 safety protocol that complies with the Emergency Temporary Standard promulgated by the Virginia Department of Labor and Industry and other criteria. Exemption would end two days after the expiration of the last executive order issued by the Governor related to the COVID-19 pandemic and the termination of the COVID-19 Emergency Temporary Standard and any permanent COVID-19 regulations adopted by the Virginia Safety and Health Codes Board. 
  • HB 2134: Employee classification; provision of personal protective equipment in response to a disaster. Delegate Amanda E. Batten. (House: Enrolled bill communicated to Governor on 3/1/2021; Governor: Governor's action deadline 11:59 p.m., 3/31/2021)
    • Prohibits the consideration whether an individual is an employee or independent contractor for the provision of personal protective equipment by a hiring party to the individual in response to a disaster caused by a communicable disease of public health threat for which a state of emergency has been declared.
  • SB 1445: COVID-19; facilitates vaccine administration. Senator Siobhan S. Dunnavant. (Governor: Approved by Governor - Chapter 2 (effective 2/15/2021) 2/15/2021)
    • ​Bill requires the Department of Health to create a process where any health care provider who is qualified to administer the COVID-19 vaccine may volunteer to administer the vaccine to citizens. The bill also designates which health care providers are eligible to volunteer and requires the Department of Health create a process by which those providers can register their sites on the Department of Health website. The bill also allows for public or private higher education instiutions to assist the Department of Health and local health departments with data processing, analytics, and program development.
  • HB 2333: Facilitate the administration of the COVID-19 vaccine; emergency. Delegate Lamont Bagby. (Governor: Approved by Governor - Chapter 1 (effective 2/15/2021)- 2/15/2021)
    • ​Bill facilitates the administration of the COVID-19 vaccine. 
  • HB 2143: COVID-19 virus; immunity from civil claims related to the transmission of or exposure to the virus. Delegate Jason S. Miyares. (House: Left in Courts of Justice; 2/5/2021)
    • Provides immunity to persons from civil causes of action arising from any act or omission alleged to have resulted in the contraction of or exposure to the COVID-19 virus, provided such person has complied with applicable federal, state, and local policies, procedures, and guidance regarding COVID-19.
  • HB 2242: COVID-19 immunization; prohibition on requirement, discrimination prohibited. Delegate Dave A. LaRock. (Tabled in Health, Welfare and Institutions subcommittee (18-Y, 3-N) 1/28/2021)
    • Prohibits certain state departments from requiring any COVID-19 vaccine, and discrimination based on a person's vaccination status with respect to any COVID-19 vaccine with regard to education, employment, insurance, or issuance of a driver's license or other state identification or in numerous other contexts. Also prohibits inclusion of immunization information unless patient consented in writing.
  • SB 1449: COVID-19 immunization; prohibition on requirement; employment discrimination prohibited. Senator Amanda F. Chase. (Senate passed by indefinitely in General Laws and Technology (11-Y, 1-N, 1-A).- 1/27/2021)
    • Prohibits discrimination based on a person's vaccination status with respect to any COVID-19 vaccine in numerous employment contexts.
  • SB 1450:COVID-19 vaccination; discrimination in employment prohibited. Senator Amanda F. Chase. (Senate passed by indefinitely in General Laws and Technology (10-Y, 4-N).- 1/27/2021)
    • Prohibits discrimination in employment based on a person's vaccination status with respect to any COVID-19 vaccine.
  • HB 2251: Emergency orders and regulations; limitations, civil penalty. Delegate Dave A. LaRock. (House: Left in Health, Welfare and Institutions.- 2/5/2021)
    • The bill places limits on the duration of an emergency rules and regulations and requires that all possible alternatives have been considered before issuance. Violations of emergency rules and regulations will result in a civil penalty of no more than $100 for each violation.
  • HB 2015: Essential workers; hazard pay, employer to provide personal protective equipment, civil penalty. Delegate Hala S. Ayala. (House passed by indefinitely in Appropriations (21-Y, 0-N)- 2/1/2021)
    • Following the declaration by the Governor of a state of emergency that includes a stay-at-home or shelter-in-place order employers will compensate their essential workers at least 1.5 times their regular rate of pay for any hours worked during the closure order, and provide their essential workers with personal protective equipment recommended by certain state and federal agencies that is appropriate to the work site or job task. Bill includes provisions for violators.
  • SB 1451: COVID-19 vaccine; access to state and local public property by persons who choose not to receive.  Senator Amanda F. Chase. (Senate passed by indefinitely in General Laws and Technology- 1/27/2021)
    • ​Prohibits state agencies and localities from denying the use of certain public facilities to any person based on such person's vaccination status with respect to any COVID-19 vaccine.
  • HB 2328: Facilitate the administration of the COVID-19 vaccine; emergency. Delegate Kathy Byron. (Incorporated by Health, Welfare and Institutions (HB 2333 - Bagby) by voice vote 1/26/2021)
    • ​Bill facilitates the administration of the COVID-19 vaccine.
  • HB 2335: Fundamental right to be free from medical mandates. Delegate Wendall Walker. (Tabled in Health, Welfare and Institutions (15-Y, 6-N)- 1/28/2021)
    • ​Declares that each adult has a fundamental right to be free from medical mandates of the Commonwealth or any locality, private employer, health care entity or provider, or provider of public accommodations. Bill provides information on what qualifies as a medical mandate and sets out exceptions.
  • HB 2336: Preventing public and private imposition of non-FDA-vaccines; creates new code subsection. Delegate Bill D. Wiley. (Tabled in Health, Welfare and Institutions (15-Y, 6-N)- 1/28/2021)
    • ​No public or private entity can require a person to submit to a vaccine that is not approved by the FDA.
Community Health & Quality of Life
  • HB 1753: Law Enforcement Professional Standards Commission Accreditation Grant Fund & Program; created. Delegate Michael J. Webert. (House: Left in Appropriations- 2/5/2021)
    • ​Establishes the Virginia Law Enforcement Professional Standards Commission Accreditation Grant Fund and the Virginia Law Enforcement Professional Standards Commission Accreditation Grant Program to be overseen by the Department of Criminal Justice Services. The fund will be used to help law-enforcement agencies pursue accreditation from the Virginia Law Enforcement Professional Standards Commission.
  • SB 1211: Vehicle registration fees; Public Safety Trust Fund. Senator John S. Edwards (21st District). (House: Left in Appropriations- 3/1/2021)
    • Raises the vehicle registration fee by $4 to fund the new Public Safety Trust Fund. Moneys will be used to eliminate barriers to an inclusive, diverse, and well-qualified workforce by addressing compensation issues related to staffing, retention, and pay compression at the Department of State Police.
Other Legislative Items Affecting the Business Community
  • HB 2062:  Food delivery platforms; agreements required; penalty.. Delegate Rodney T. Willett. (House: Enrolled bill communicated to Governor on 3/1/2021; Governor: Governor's action deadline 11:59 p.m., 3/31/2021)  
    • Prohibits a food delivery platform, defined in the bill, from submitting orders on behalf of a consumer or arranging for the delivery of an order from a restaurant without first obtaining an agreement with the restaurant expressly authorizing the food delivery platform to take orders and deliver food prepared by the restaurant. The bill provides that a violation of such agreement requirement is a prohibited practice under the Virginia Consumer Protection Act.
      • Your Chamber and Board of Directors supports this bill. 
  • SB 1375: Workers' compensation; presumption of compensability for COVID-19. Sen. Richard L. Saslaw. (Senate: Conference report agreed to by Senate (39-Y 0-N);  House: Conference report agreed to by House (98-Y 0-N 1-A); House vote: agreed to (98-Y 0-N 1-A) - 2/27/2021)
    • ​Establishes that if the COVID-19 virus causes the death or disability of firefighters, emergency medical services personnel, law-enforcement officers, and correctional officers it will be considered an occupational disease comprensable under the Worker's Compensation Act. The bill sets out guidelines as to how confirmation of the COVID-19 virus is made and that the diagnosis and death or disability must have occurred on or after July 1, 2021.
      • Your Chamber and Board of Directors opposes this bill. 
  • SB 1403: Retail Sales and Use Tax; exemption for personal protective equipment. Sen. Todd E. Pillion. (Senate: Enrolled bill communicated to Governor on 2/22/2021; Governor: Governor's action deadline 11:59 p.m., March 31, 2021)
    • Establishes a retail sales and use tax exemption for personal protective equipment available to any business that has in place a COVID-19 safety protocol that complies with the Emergency Temporary Standard promulgated by the Virginia Department of Labor and Industry and that meets other criteria. The exemption would sunset one day after the first day following the expiration of the last executive order issued by the Governor related to the COVID-19 pandemic and the termination of the COVID-19 Emergency Temporary Standard and any permanent COVID-19 regulations adopted by the Virginia Safety and Health Codes Board.
      • Your Chamber and Board of Directors supports this bill. 
  • HB 1845: Alcoholic beverage control; license fee reform. Del. Schuyler T. Van Valkenburg. (House: Enrolled Bill communicated to Governor on February 24, 2021; 
    Governor: Governor's Action Deadline 11:59 p.m., March 31, 2021)
    • ​Delays the effective date of the 2020 alcoholic beverage control license and fee reform from July 1, 2021, to January 1, 2022. During the period of delay and subject to certain requirements, the bill allows on-premises wine or beer licensees to sell wine or beer for off-premises consumption and allows such licensees, as well as off-premises wine or beer licensees, to deliver wine or beer that the licensee is authorized to sell without a delivery permit.
      • Your Chamber and Board of Directors supports this bill. 
  • HB 2172: Small, women-owned, and minority-owned businesses; right to appeal denial of initial certification. Del. Candi Mundon King. (House: Enrolled Bill communicated to Governor on February 24, 2021; Governor: Governor's Action Deadline 11:59 p.m., March 31, 2021)
    • ​Requires the Department of Small Business and Supplier Diversity to adopt regulations to establish a process for businesses that are denied initial certification as a small, women-owned, or minority-owned business to appeal such denial on the basis that the Department made a mistake in denying the business's application for certification.
      • Your Chamber and Board of Directors supports this bill. 
  • SB 1362: Employers; reporting outbreaks of COVID-19, effective clause.   Sen. Lynwood W. Lewis, Jr. (House:  Left in Appropriations )- 3/1/2021)
    • ​Requires that, upon determination that a worksite cluster of COVID-19 has occurred at a workplace with 50 or more employees, the Department of Health (the Department) shall make a report available to the public on a website maintained by the Department that includes (i) the name of the employer at which a worksite cluster has been reported and (ii) the number of confirmed cases of COVID-19 reported by such employer. The Department shall also report when previously reported outbreaks are under control.
      • Your Chamber and Board of Directors opposes this bill. 
 
*For more information on legislation introduced during Virginia's 2021 Legislation Session check out Virginia's Legislative Information System

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