Week 4: We are Rushing to Cross-Over

Sunday, February 5, 2023

Dear Friend,

This past week was hectic for committee chairs and members alike. We had heavy committee dockets and floor dockets in an effort to pass Senate bills in time for the bills to “cross-over” to the House for action before the session concludes. Fortunately, my committee docket was very manageable this past Friday. In part, because I push my colleagues to resolve issues in their bills earlier rather than later. There is a tendency to take bills by for the day until the very last minute. I work hard to blunt that tendency.

The Rehabilitation and Social Services Committee, the committee I chair, defeated several bills from the Youngkin administration that would have made the opportunity for parole harder. One bill that I was particularly pleased we defeated would have allowed for a three year period to lapse between in-person parole interviews for geriatric offenders. These are offenders age 65 and older.

We are also grappling with the likelihood that the State Board of Education will adopt new Standards of Learning in the History and Social Science areas. The Board adopted new standards on the first read and will be taking public comment through March 21. Click this link to comment: https://www.doe.virginia.gov/teaching-learning-assessment/instruction/history-and-social-science

It is hard to imagine that these new SOLs will be as comprehensive or inclusive as the existing SOLs. It is obvious that the Youngkin Administration wants to paint American history in a positive light for the white majority and ignore the harsh realities that Black and Brown Virginians faced. But this desire to avoid telling the complete truth is harmful, inaccurate and a disservice to all of our children and to our efforts to create a more perfect union.

Rest assured, the Democratic majority in the Senate has and will continue to exercise due diligence in reviewing Governor Youngkin’s appointments to important Boards and Commissions. It is worth noting, however, that the pool of appointees never gets better and sometimes alternative appointees are more ideologically driven than the original nominees. I am reminded every day that elections matter!

Women’s Health Care & Access to Abortion Care:

A bill that designates Life Beginning at Fertilization -- There are two bills that the Senate took action on this past week that are noteworthy. One bill, sponsored by Senator Amanda Chase, designated that life begins at fertilization. It was an incredibly extreme and dangerous bill. I quickly made the motion in the Rules Committee to “pass the bill by indefinitely.” There was no debate on the bill in the Committee, and with the exception of Senator Newman, we all voiced a loud “no” vote.

Protecting Menstrual Data -- I am the chief patron on a bill that would prohibit a search warrant from seeking menstrual data that may be stored electronically on a computer application or in any other format. The Virginia Association of Obstetricians and Gynecologists worked with me on this bill, along with the ACLU, some Commonwealth Attorneys and others in the legal profession. I presented the bill to the Senate Judiciary Committee this past Wednesday. It passed out of committee on a party-line vote with some Rs voting to abstain. My colleagues on the Committee, Senators Jennifer McClellan and Jennifer Boysko explained to Senator Peak how unpredictable menstrual cycles can be and the benefits of a menstrual tracking program. I did not linger before that committee. The conversation was a little bizarre for a Senate hearing.

Criminal Justice Reform & Expanding the Pipeline of Trained Counselors:

Providing MH Services to those Interacting with the Courts -- On behalf of the Behavioral Health Commission, I am the chief patron of a bill that accomplishes two things: 1) It will require the Community Services Boards to periodically inform the courts of the mental health services available in their respective communities, and 2) The bill would require that individuals who are found “not guilty” of their alleged crimes and information was presented to the court that demonstrated the defendant was suffering from a mental health condition be offered mental health counseling services. This bill passed out of the Rehabilitation and Social Services Committee, unanimously, on Friday. This is a very good sign for the potential of this bill to become law.

Removal of an Important Barrier Crime -- Another bill which I am incredibly proud to be the chief patron of would remove the barrier crime of felony possession of a controlled substance for those individuals who have completed their court appointed sentence and completed the training offered by DBHDS to become a peer recovery specialist. An identical bill to my bill is working its way through the House of Delegates with support from key Republican lawmakers. There are still a few more legislative hoops to conquer but it is my hope that this bill lands on the Governor’s desk and becomes law. So many individuals would benefit from the opportunity offered through this bill.

Environmental Protections:

Data Centers & Local Authority -- Senator Petersen sponsored a bill that would over-ride the authority of localities to locate data centers if those centers were close to a state park. I serve with Senator Petersen on the Agriculture and Natural Resources Committee and have the greatest respect for his leadership on protecting open space and park lands but I could not vote to arbitrarily over-ride the authority of local government on land use matters. 

The Virginia Constitution clearly gives the authority to regulate land use to localities and having served on the Arlington County Board for 14 years, I feel that this authority should be reserved for local governments. I reminded Senator Petersen and other advocates that localities can already decide to not locate a data center near park land or vistas without a mandate. Moreover, localities can require a number of community benefits from developers of data centers since all of the data center applications go through a special exception process. It is also worth noting that I enthusiastically supported a study, also sponsored by Senate Petersen, to provide guidelines on how to balance land use decisions regarding data centers with environmental concerns and other factors that must be considered by localities.

Assisting Public Schools Plan for Renewable Energy Expansions -- I am the chief sponsor of a bill that would require the School Modernization Committee to create resources to help public schools plan for the implementation of renewable energy sources, including solar panels, in major expansions of school buildings or in plans to build new schools. Unfortunately, the companion legislation to my bill that was sponsored by Suhas Subramanyam, a Democratic Delegate from Loudoun, died in a House committee. I expect that my bill will face the same feat.

In summary, it is a an honor and privilege to represent you. Rest assured that all your comments on bills and proposals are read and considered in the the debate. Your input is always appreciated.

Stay warm and care for yourself and each other. Hopefully, we will connect in person after session.

Sincerely,