Week 7 Session Update 2021: Session Concludes

Monday, March 1, 2021

Dear Friend,

The General Assembly concluded on Saturday (February 27th) with many important accomplishments that will improve the lives of Virginians. Before I update you on highlights from this final week of lawmaking, I want to note that Governor Northam has announced a gradual easing of the health restrictions in place to mitigate the spread of Covid-19. 

Beginning Monday, March 1, the maximum number of individuals permitted in a social gathering will increase from 10 to 25; outdoor entertainment and public amusement venues will be able to operate with up to 1,000 individuals or at 30% capacity, whichever is lower; and overnight summer camps will be able to operate with strict mitigation measures in place.

Vaccine Update - The Virginia Department of Health has a portal open to enable Virginians to register to receive a Covid-19 vaccine. The Commonwealth could receive up to 431,000 COVID-19 vaccine doses this week. As a result, state health officials expect to complete vaccination efforts for all Phase 1B recipients by mid-April. Virginia additionally expects to receive 69,000 doses of the newly approved Johnson & Johnson single dose vaccine this week. This single dose shot is easier to store and transport than the two previously approved vaccines, and experts tell us this new vaccine is 92% effective in preventing hospitalizations and deaths associated with the Covid-19 virus.

Reopening Public Schools - Governor Northam issued a statement calling on school divisions to provide in-person options by March 15, in accordance with health guidance, and to expand summer learning. Such an expectation was reinforced by legislative action during this General Assembly session, and I am hopeful that every school division in the Commonwealth can meet this goal. The Virginia Department of Education has a Frequently Asked Questions page that addresses issues associated with developing a plan to reopen. Please let me know if your school system needs technical assistance from the Department of Education on efforts to reopen schools.

Process for Legalizing Adult-Use Marijuana in 2024 Passes - A compromise between the House and Senate was achieved late Saturday evening on a bill that includes the legalization of simple possession of marijuana and allows the retail sale of marijuana beginning on January 1, 2024. The civil penalty of $25.00 for possession of one ounce or less of marijuana will be in effect until that time. However, starting July 1, 2021, the Cannabis Authority can initiate the work needed to create regulations that will ensure a quality marijuana product and provide for a social equity framework in awarding licenses for the cultivation, distribution, and retail of the product. There will be an advisory committee to the Authority that will represent a broad range of stakeholders and provide a certain level of accountability. Reports will be due to the General Assembly to allow lawmakers to make adjustments to the course of action that the Authority expects to take. It is also important to note that in November 2022, localities will have to  hold a referendum if they want to opt out of permitting marijuana retail shops within their jurisdiction.

Some advocacy groups are disappointed that we did not legalize simple possession (one ounce of marijuana or less) as soon as possible. There was much debate over this issue. In the end, lawmakers decided that legalizing simple possession before a framework was in place for ensuring the quality of the product and the awarding of certain licenses based on a social equity model would precipitate an underground market for the product.

The compromise bill does enable individuals with a misdemeanor criminal record for possession of marijuana to receive an automatic sealing of those records because possession of one ounce or less is now a civil offense, punishable with only a fine. Individuals convicted of a felony crime to distribute marijuana would have to petition the court for a sealing of the records.

Governor Northam will be reviewing this legislation and may offer amendments when we return for the Veto session in April. The bulk of the marijuana legislation was heard and debated in the Rehabilitation and Social Services Committee, a committee that I chair, and the committee that will be providing much of the necessary oversight as we move forward with the legalization process.

Budget Highlights - I am proud to say that the budget we passed on Saturday provides a much needed safety-net for individuals and small businesses suffering from COVID-19 related set-backs. The budget also makes targeted investments in education, workforce development, transit, and criminal justice reform. Highlights are noted below:

✅ Increases teacher salaries
✅ Provides remediation and recovery grants for K-12 public schools
✅ Expands subsidies and grant funding for child care services
✅ Increases need-based student aid at colleges & universities
✅ Adds additional Medicaid Waiver Slots
✅ Increases pay and provides sick days to personal care workers
✅ Grants tax relief to many businesses & provides for small business grants
✅ Extends renters protection
✅ Expands access to broadband
✅ Funds Metro and a transit modernization study
✅ Creates a Court of Appeals in the Commonwealth
✅ Funds court activities related to new expungement laws
✅ Increases the Reserve Fund by $900M to maintain Triple AAA bond rating

Campaign Finance Reform - Campaign finance reform is an important issue in our quest to create a more transparent and accountable Commonwealth. It is something that I feel strongly about and am committed to achieving. To that end, the General Assembly took an important step by passing HJ526. It was particularly heartening to see strong bi-partisan support for this resolution. 

The house resolution calls for a joint subcommittee to study and make recommendations to the General Assembly regarding actions needed in the area of campaign finance reform. The joint subcommittee will analyze the costs of campaigning in the Commonwealth, the effectiveness of current disclosure laws, enforcement issues, options for regulating campaign finances, the use of campaign funds for personal use, and the benefits of specific reform measures. A report with recommendations is due to the General Assembly by November 1, 2021. The topic of personal use of campaign funds came up in a separate piece of legislation this session, but lawmakers believed that the personal use question should be part of the larger and more comprehensive review that is called for in HJ526. I look forward to receiving the November report. 

Clean Car Standards - I was chief co-patron on a successful bill directing Virginia to adopt the multi-state Clean Car Standards. These standards will increase access in Virginia to electric vehicles and decrease vehicular carbon exhaust in the state by requiring 2025 vehicle models to meet zero or low carbon emission standards. Passage of this legislation makes Virginia the first southern state to adopt these important standards in the fight against climate change.

Clean Energy Plan - My Energy Plan passed both bodies and is on the Governor’s desk. The legislation accomplishes three major goals. It articulates strategies for achieving net zero carbon emissions across all sectors of the economy by 2045, ensures that the lens of environmental justice be part of all state permitting practices, and supports workforce development measures needed to achieve a green economy. Passage of this plan required careful negotiations with Dominion Energy, Washington Gas, and a number of other energy providers, as well as with environmental groups such as the Sierra Club, the Virginia League of Conservation Voters, and Zero Carbon Virginia. I am proud to say that I recently received the 2020 “Leader Award” from the Sierra Club for my work on the Energy Plan.

Polystyrene Ban - I supported HB1902 to ban polystyrene food containers because of the substantial environmental benefits of the ban and had sponsored similar legislation last year. Decreased demand for the containers should decrease the quantity of containers being manufactured, a process that greatly contributes to carbon emissions. Additionally, the containers are extremely slow to degrade in landfills and chemicals from the foam can leach into our water resources. The bill calls for larger businesses with more than 20 locations to stop using the containers by July 2023; smaller businesses will need to comply by July of 2025. This delayed enactment was added to alleviate the concerns of businesses suffering from the impacts of Covid-19.

Protecting our Most Vulnerable - My passion has always been to serve as a voice for those who cannot advocate for themselves. The groups that most often comes to mind when you consider this factor are those individuals being served in state licensed group facilities or those afraid to access needed services because of their immigration status. I sponsored two important bills that will provide much needed oversight and improved access to services for those populations. Both are awaiting the Governor's signature. 

One bill addresses better oversight for those with developmental or intellectual disabilities residing in state licensed group homes or facilities (SB1154). This bill requires that determinations made regarding allegations of abuse or neglect be reported to the Human Rights reporting system. I worked with the Disability Law Center to get this passed.

The second bill (SB 1220) eliminates the requirement that state operated mental health facilities inquire about an individual’s immigration status. Virginia is one of only two states to still require that this inquiry be made. The current law is a vestige of the 1950’s, when mental health conditions were stigmatized and authorities such as ICE were informed of who was receiving treatment, without due cause or the issuance of a court order. I want to thank Justice Forward and many other advocacy groups for their work in helping me pass this important piece of legislation, and I anxiously await the Governor’s signature on this bill.

Allowing Evidence of Mental Illness in Criminal Trials - I co-sponsored a bill, along with Senator McClellan, that would allow defense attorneys to introduce expert testimony regarding a defendant’s mental state at the time a crime was committed. This bill is incredibly important in establishing the culpability of an alleged perpetrator. The bill also clarifies that a diagnosis of an intellectual or developmental disability shall be considered by a judicial officer for the purpose of a rebuttal of a presumption against bail. After much debate and several near defeats, the bill passed both bodies and is on its way to the Governor’s desk.

Criminal Justice Reform with a Focus on Pregnancy Care in our Jails - I sponsored a bill to require the Board of Local and Regional Jails, in consultation with key stakeholders, to make recommendations to ensure that the pre-natal, delivery, and postpartum care provided in our jails meets the standards endorsed by the American College of Obstetricians and Gynecologists. With the help of many groups concerned about women’s health and prison reform, the bill passed both chambers and is on the Governor’s desk. Passage of this bill would not have been possible without the support and cooperation of the Virginia Sheriffs' Association.

Thank you for your support encouragement during this past session. It is an honor to represent you in Richmond and to fight for our Democratic values. If you have questions or need more information about this legislative update, do not hesitate to contact my office.

We are in this together and we will get through this together.

Sincerely,