The 2023 Regular Session Limps to Closure

Tuesday, February 28, 2023

Dear Friend,The 2023 regular session came to a roaring close on Saturday, February 25, but agreement on a budget was out of reach. This was not a surprise since tax and spend issues always generate robust debate among lawmakers about the role of state government in people’s lives. 

The limited government approach embraced by Governor Youngkin regarding the funding of many human service programs and other priorities that I care about is in stark contrast to his interest in inserting government into a woman’s personal health care decisions regarding abortion care. But despite these philosophical differences, I am hopeful that the Republican leadership in the House can influence the Governor’s tax cut priorities in a way that enables each chamber to agree on a compromise budget before June 30. 

In addition to passing many important bills in the last days of session, the General Assembly did adopt a streamlined budget to fix some things that needed to be fixed immediately. The main correction in the abbreviated budget was an allocation to school systems to correct an error in the calculation of the composite index formula. This year, school systems in Northern Virginia received state pass-through dollars that were considerably less than what they had planned on receiving, based on past allocations.

Noted below are highlights of bills I sponsored as the chief patron or chief Democratic conferee and these legislative proposals are on their way to the Governor. I also discuss other items of interest in the paragraphs that follow:

Consumer Protection: Alcohol Labeling and Placement in Grocery Stores - My bill ensures that alcoholic products that share the same brand and packaging as non-alcoholic drinks are not placed immediately next to their similarly branded non-alcoholic drinks on grocery shelves. There are also labeling requirements in the bill. As it turns out, this consumer protection measure is the first of its kind in the country and I have received many press inquires from news outlets that follow state legislatures. It’s great to see Virginia lead in a positive way.

Consumer Protection: Elimination of THC from Hemp Products and Strong Labeling Requirements - I served as the chief Democratic conferee on this important bill. The commonly referred to Hemp Bill states that no more than 2 milligrams of hallucinogens would be allowed per package of edible hemp products and the packaging for such products must contain helpful consumer information. The goal of the bill is to prevent dangerous hemp products that look like gummy bears and other candy from getting into the hands of children. It is worth noting that the poison center at UVA’s Blue Ridge Health program saw more than a three-fold increase in calls about children suffering dangerous reactions to THC from hemp edibles in 2022 alone.

Moreover, under this legislation, topical hemp products with bitter agents need only meet the federal definition of THC content for hemp which is less than .3 percent, not the 2 milligrams associated with the hemp edibles in our Hemp Bill. But the packaging for such topical products must be child proof and labeled “not for ingestion.” The Governor is likely to sign this legislation since his team participated in the negotiations. I am very proud that this important child safety legislation passed with strong bi-partisan support.

Making Emergency Rooms Safer and More Trauma Informed - My bill to require hospital systems to develop security plans for their emergency departments that include security personnel who are trained in de-escalation tactics and trauma-informed strategies for dealing with patients in crisis passed both chambers with large bi-partisan support. Hospitals were initially opposed to this legislation but came to the realization that security for their staff, patients and visitors is a requirement of modern day living. 

There is a waiver process established in the bill that enables hospitals to offer other security measures that do not include 24-hour security if they can provide an alternative security plan that is justified by the volume and complexity of patients seen in their emergency departments. Law enforcement agencies gave strong support to this bill. The long-term benefits of a more trauma informed security operation at our hospitals should present the opportunity for hospital emergency rooms to assume custody of TDO patients upon their arrival, rather than requiring law enforcement to wait with the patient in the emergency room. Of course, the availability of psych beds and better coordination among the various health care players must significantly improve before we can achieve the relief that law enforcement is looking for.

Preventing MH Crisis by Expanding Counseling Opportunities in our Schools - Fortunately, lawmakers have embraced the concept that expanding counseling services in our schools offers a real opportunity to prevent MH tragedies in the future and could be a useful tool in stemming the school to prison pipeline. I, therefore, sponsored legislation that defines counseling in statute to help ensure that counselors are spending 80 percent of their time actually doing MH counseling, not overseeing testing and conducting other administrative duties. Additionally, I sponsored legislation to allow psychologists to be hired with a provisional license as long as they obtain a full license within three years. We also passed bills this session that require teachers to be trained in trauma-informed strategies; and a few years ago, I sponsored legislation to teach children how to help their friends when they know their friends are suffering.

Protecting the Environment - The biggest disappointment in my legislative agenda was the fact that the Republican majority in the House defeated my bill to enable the School Modernization Committee to provide technical assistance to schools wishing to embrace renewable energy strategies. This bill was not a mandate, it was intended to provide assistance to school systems wishing to substantially renovate facilities or build new buildings using renewable energy strategies. 

I was delighted that the "blue wall" on key Senate committees was able to block the removal of Virginia from RGGI. The Democrats on the Agriculture and Natural Resources Committee (a committee on which I serve) also defeated bills to roll back the electric car standards, minimize Virginia’s participation in the Chesapeake Bay compact and stymie implementation of the Clean Economy Act. Another positive development came about in the utility regulation space. For the first time since I have been in the Senate, environmental groups and consumer protection advocates were intimately involved in crafting a bill to regulate Dominion Energy’s participation in acquiring renewable energy sources and being held accountable for consumer rate increases. More transparency in utility regulation is a good thing.

Access to Abortion Care - The Senate Democrats on Education and Health defeated all of the incredibly restrictive and harmful abortion bans that came to the Senate from the House. I expect that Governor Youngkin remains adamant about pursuing another 15-week abortion ban, a ban on state funding for abortions related to gross fetal abnormalities and other measures that will interfere in a woman’s most personal health care decisions. But with the election of Aaron Rouse, we now have 21 solid Democratic votes in the Senate to support a woman’s access to abortion care and to defeat measures that interfere with that access. This cushion is very nice to have. In fact, with Aaron Rouse among us, we were able to pass language supporting a constitutional amendment on access to abortion care, while one of our Democratic Senators took a walk on this vote. Of course, the constitutional amendment language was defeated in the House.

Menstrual Health Data Bill - My short but important bill to prohibit the use of search warrants to access menstrual health data stored on apps or other electronic devices garnered bi-partisan support in the Senate but was dealt a harsh defeat in a Republican controlled committee of the House. The defeat of this bill and Governor Youngkin’s opposition to the proposal has caused an incredible cycle of news coverage and commentary. Because the frightening fact is the only reason one would need to access menstrual data through a search warrant is to prosecute a woman for violating an abortion ban. I do not think protecting menstrual data, as described above, sets a dangerous precedent, as Governor Youngkin believes. I believe that menstrual health data is private and personal and should be protected on those grounds.

Governor Youngkin has also said he does not intend to prosecute women for violating abortion bans but he submitted a budget with money set-aside to jail providers who violate an abortion ban. One has to ask where the enforcement process would stop if an abortion ban were ever passed in Virginia. Fortunately, Virginia is still a state where abortions are legal within the Roe v. Wade framework, but I believe my responsibility as a representative is to take the steps necessary to protect my constituents’ privacy before a threat is squarely before us.

It is an honor and privilege to represent you in Richmond, and I am excited to advise you that I will be running for re-election. As you know, races are expensive, and I appreciate your continued support. Any donation you can make will be much appreciated. I am looking forward to connecting with you in person and happy to attend small group gatherings to give updates on the session. 

Sincerely,