Week 6 Session Update 2021: Week 6 of Session Concludes with Emotions Running High

Sunday, February 21, 2021

Dear Friend,

We are one week away from finishing the 2021 Special Session. That was the session tacked onto an unusually short 30-day regular session, so we could conclude deliberations around our budget. Once again, the Democratic led General Assembly did not shy away from issues that define a more fair and just society.

Vaccine Availability - On February 17, Governor Ralph Northam invited Virginians to pre-register for the COVID-19 vaccine online or by calling 877-VAX-IN-VA. If you previously signed up for a vaccination through your local health department, you do not need to register again, but you can check your status on the wait list. I am also happy to report that the vaccine production and distribution, overseen by the Federal government, has greatly improved. In fact, Virginia’s weekly allotment is expected to grow from 100,000 vaccines to 160,00 over the next few weeks. This increase in distribution will enable us to speed up the important task of getting vaccines into the arms of Virginians sooner than anticipated.

Cleaner Air and Electric Vehicles - I am proud to say that the Senate passed Delegate Bagby’s Clean Car Standards, a bill that I shepherded through the Senate as the chief co-patron. It is important to note that almost half of Virginia’s CO2 emissions and particulate pollution comes from vehicles. This pollution exacerbates asthma and other health problems. Our new Clean Car Standards (that have also been adopted by 14 other states) will result in increased availability of electric cars in Virginia.

This move will reduce harmful transportation emissions, help Virginia combat climate change, improve human health, expand consumer choice, and boost the Virginia economy. There will be an extensive regulatory process associated with the implementation of these standards, but I am delighted to say that a broad and diverse group of stakeholders came together to support the bill. Besides, the expected environmental community, auto dealers and auto manufacturers, as well as various public health organizations, wrote letters and emails in support of the bill. Of course, nothing is ever easy, before the legislation passed the Senate, we had to defeat a floor amendment that would have gutted the bill. I am heartened to note, however, that the legislation passed with some Republican support.

Utility Payment Reductions for our Most Vulnerable - The Senate passed a House initiated bill (HB2330) that was sponsored by Delegate Kory to bring much needed help to those struggling to pay their ever-mounting utility bills. HB 2330 requires the Virginia Department of Social Services to adopt rules for the implementation of a Percentage of Income Payment Program (PIPP) related to utilities. According to the legislation, the PIPP is designed to reduce a household’s burden to no more than 6% of household income if the heating source is not electricity and to no more than 10% of household income if the heating source is electricity.

The bill requires Dominion Energy Virginia and the American Electric Power to cooperate with the requests of the Department and the State Corporation Commission in crafting the PIPP. In short, funds will be collected from each utility's universal service fee to establish a fund that will support payment reductions for low income Virginians. To be eligible for PIPP, a person or household cannot have income above 150 percent of the federal poverty level. This bill was a top priority of the Women’s Health Care Caucus, a caucus that I chair in the Senate, and Delegate Kory chairs in the House.

Rewarding Work in the TANF Program - I am proud to say that I played a key role in shepherding through a much needed reform to the TANF (Temporary Assistance for Needy Families) work program. The Rehabilitation and Social Services Committee voted in favor of a bill to allow an income eligibility exemption for income earned by TANF recipients who are employed through subsidized employment. The bill also increases the reimbursement to employers who accept TANF recipients under a subsidized employment agreement. This program is time limited and enables TANF recipients to build job skills through a positive learning and training experience.

Keeping DMV Records Protected - I serve on the Transportation Committee and this week that committee passed a bill that limits the release of Department of Motor Vehicles (DMV) privileged information. Under this legislation, DMV must protect privileged information requested by government entities for the purpose of pursuing civil immigration enforcement unless (i) the subject of the information provides consent or (ii) the requesting agency presents a lawful judicial order, judicial subpoena, or judicial warrant. The bill also requires DMV to notify the subject of the request. Such notification must identity the requesting entity. Delegate Tran worked on this legislative proposal for many months and she garnered agreement from law enforcement agencies, DMV and immigrant activist groups.

Legalization of Adult Use of Marijuana - The Rehabilitation and Social Services Committee, a committee that I chair, heard extensive testimony and debate on the marijuana bill. This effort consumed over 8 hours (between subcommittee meetings and presentations made to the full committee), and included analyzing the proposed regulatory framework, the importance of integrating social equity into the government issued licensing model, and the need to eradicate past criminal records. Under the bill, simple possession (possession of one ounce or less ) will become legal in the Commonwealth of Virginia starting on July 1, 2021. I defended the Committee version of the bill on the floor of the Senate and successfully guided its passage. The Senate and House versions of the bill will now be negotiated into a consolidated conference bill. I will provide a complete outline of the final bill that passes both bodies next week.

My Bills That Have Passed Both Chambers - I am pleased to let you know that several of the bills I submitted this session are on their way to the Governor’s desk, including:

• SB1154 - requires reporting of incidents of abuse or neglect in facilities regulated by the Department of Behavioral Health and Developmental Services to the state’s designated advocacy database;

• SB1220 - repeals Code language that required state mental health facilities to determine the immigration status of each person admitted to the facility and report those with alien status to Immigration officials;

• SB1284 - known as the Commonwealth Clean Energy Plan, builds on my bill from last year. This year’s bill aligns the state’s energy policies with the Clean Economy Act, passed in 2020, and solidifies the state’s commitment to achieving net zero carbon emissions by 2045; and

• SB1300 - calls for a review of the policies and procedures in local and regional jails related to the care of pregnant inmates. The goal of this study is to ensure that pregnant inmates receive a high standard of care during their incarceration, along with appropriate postpartum care, and opportunities to bond with their babies.

Gun Safety and Protecting Survivors of Domestic Violence - While my Senate bill to prohibit those who have been convicted of assault and battery of a family or household member from possessing a firearm did not pass, Delegate Murphy carried the companion bill in the House and a revised version of her bill did pass the Senate this week. The version that passed was amended in the Senate to include only a 3 year firearm ban and limited the ban to those convicted of assault and battery of spouses and intimate partners. I worked diligently with Delegate Murphy, advocates, and my fellow lawmakers to get this bill across the finish line and I plan to continue my efforts on this issue.

Paid Family Leave - SB1219 is still in the House and should be on second read on Monday. My bill directs the Bureau of Insurance to analyze what legislative and regulatory changes would be necessary to allow the sale of private paid family and medical leave insurance policies in Virginia. The goal would be to compliment a public paid family and medical leave program in the state and meet the policy goals outlined in last year’s study on the issue that was prepared by the Office of the Secretary of Commerce and the state’s Chief Workforce Development Advisor.

It is an honor and privilege to serve you and to fight for our Democratic values in Richmond. Please remember to continue to practice good safety habits. There is a light at the end of the tunnel. We are resilient and compassionate, and we will get through this together.

Sincerely,