Fireworks; sale, use, and taxation. Exempts consumer, display, and permissible fireworks, defined in the bill and relevant law, from the definition of "device" as it pertains to criminal penalties for the possession, manufacture, transportation, distribution, or use of explosive devices. The bill provides that the Statewide Fire Prevention Code does not apply (i) to the sale of permissible or consumer fireworks; (ii) to any person using, igniting, or exploding permissible or consumer fireworks on residential or agricultural property with the consent of the owner of such property; or (iii) when such permissible or consumer fireworks are being transported from a locality where they were legally obtained to a locality where they are legally permitted. The bill imposes a 12 percent retail sales and use tax on the sale or use of consumer, display, or permissible fireworks, the revenues from which shall be deposited in the Law Enforcement Support Fund, created by the bill. The bill contains technical amendments. Fireworks; sale, use, and taxation. Exempts consumer, display, and permissible fireworks, defined in the bill and relevant law, from the definition of "device" as it pertains to criminal penalties for the possession, manufacture, transportation, distribution, or use of explosive devices. The bill provides that the Statewide Fire Prevention Code does not apply (i) to the sale of permissible or consumer fireworks; (ii) to any person using, igniting, or exploding permissible or consumer fireworks on residential or agricultural property with the consent of the owner of such property; or (iii) when such permissible or consumer fireworks are being transported from a locality where they were legally obtained to a locality where they are legally permitted. The bill imposes a 12 percent retail sales and use tax on the sale or use of consumer, display, or permissible fireworks, the revenues from which shall be deposited in the Law Enforcement Support Fund, created by the bill. The bill contains technical amendments.

Commending Viki Wellershaus.

Capital outlay plan. Updates the six-year capital outlay plan for projects to be funded entirely or partially from general fund-supported resources.

Public utilities; fiber optic broadband lines crossing railroads. Provides that if a broadband service provider, in the construction of its works, deems it necessary to cross the works of a railroad company, the broadband service provider is required to submit an application to the railroad company. The bill requires the application to include (i) a license fee; (ii) engineering design plans, construction plans, bore plans, fraction mitigation plans, dewatering plans, rigging and lifting plans, and any other pertinent plans deemed necessary and prepared by a registered professional engineer; (iii) the location of the crossing, including whether it is located in a public right-of-way; (iv) the proposed date of commencement of work; (v) the anticipated duration of the work in the crossing; (vi) the areas in which the project personnel will work; and (vii) the contact information of the broadband service provider's point of contact. The bill requires a railroad company to acknowledge receipt of the application, to request any additional information within 15 days, and to approve the application within 35 days unless the railroad company petitions the State Corporation Commission. Public utilities; fiber optic broadband lines crossing railroads. Provides that if a broadband service provider, in the construction of its works, deems it necessary to cross the works of a railroad company, the broadband service provider is required to submit an application to the railroad company. The bill requires the application to include (i) a license fee; (ii) engineering design plans, construction plans, bore plans, fraction mitigation plans, dewatering plans, rigging and lifting plans, and any other pertinent plans deemed necessary and prepared by a registered professional engineer; (iii) the location of the crossing, including whether it is located in a public right-of-way; (iv) the proposed date of commencement of work; (v) the anticipated duration of the work in the crossing; (vi) the areas in which the project personnel will work; and (vii) the contact information of the broadband service provider's point of contact. The bill requires a railroad company to acknowledge receipt of the application, to request any additional information within 15 days, and to approve the application within 35 days unless the railroad company petitions the State Corporation Commission. The bill requires the broadband service provider to bear the cost of any such crossing, including a license fee of $2,000 for each crossing, except that for a crossing over an abandoned section of track the license fee shall not exceed $1,000 and for a crossing of a railroad company's works within a public right-of-way there is not a license fee. Under the bill, the Commonwealth shall grant a right-of-way to any broadband service provider seeking to use the right-of-way for broadband deployment to the extent that the Commonwealth owns any interest in any real property crossed by a railroad or manages any real property not owned by the Commonwealth that is crossed by a railroad. The bill requires the broadband service provider to maintain a general liability insurance policy or railroad protective liability insurance policy that meets certain requirements. The bill also requires a broadband service provider to reimburse the railroad company for direct expenses, not to exceed $5,000, in addition to the license fee. The bill provides that a railroad company may petition the State Corporation Commission within 35 days of receiving an application if it asserts (a) the license fee is not adequate compensation for the specified crossing, (b) the proposed crossing will cause undue hardship on the railroad company, or (c) the proposed crossing will create the imminent likelihood of danger to public health or safety. Under the bill, a broadband service provider may petition the Commission if a railroad company is not in compliance with the requirements of the bill. The bill requires the Commission to adjudicate any such petition within 90 days.

Virginia Electric Utility Regulation Act. Authorizes Dominion Energy Virginia, on or before July 1, 2024, to petition the State Corporation Commission (the Commission) for a financing order for deferred fuel costs. The bill sets forth specific transaction terms and other provisions related to the financing order. Before granting a financing order, the Commission is required to find that (i) the proposed issuance of deferred fuel cost bonds is in the public interest and the associated deferred fuel cost charges are just and reasonable and (ii) the structuring and pricing of the deferred fuel cost bonds are reasonably expected to result in reasonable deferred fuel cost charges consistent with market conditions at the time the deferred fuel cost bonds are priced and the terms set forth in such financing order. The bill requires the financing order to include, among other things: (a) the amount of deferred fuel costs to be financed using deferred fuel cost bonds; (b) a requirement that deferred fuel cost charges authorized under a financing order are non-bypassable and paid by all retail customers of the electric utility, irrespective of the generation supplier of such customer, except for certain exempt customers; (c) a formula-based true-up mechanism for making annual adjustments to the deferred fuel cost charges; and (d) a method of tracing funds collected as deferred fuel cost charges. The bill requires the utility to permit certain retail customers to opt out of financing the customer's pro rata obligation for the deferred fuel cost charges through deferred fuel cost bonds. Under the bill, the financing order is irrevocable. Virginia Electric Utility Regulation Act. Authorizes Dominion Energy Virginia, on or before July 1, 2024, to petition the State Corporation Commission (the Commission) for a financing order for deferred fuel costs. The bill sets forth specific transaction terms and other provisions related to the financing order. Before granting a financing order, the Commission is required to find that (i) the proposed issuance of deferred fuel cost bonds is in the public interest and the associated deferred fuel cost charges are just and reasonable and (ii) the structuring and pricing of the deferred fuel cost bonds are reasonably expected to result in reasonable deferred fuel cost charges consistent with market conditions at the time the deferred fuel cost bonds are priced and the terms set forth in such financing order. The bill requires the financing order to include, among other things: (a) the amount of deferred fuel costs to be financed using deferred fuel cost bonds; (b) a requirement that deferred fuel cost charges authorized under a financing order are non-bypassable and paid by all retail customers of the electric utility, irrespective of the generation supplier of such customer, except for certain exempt customers; (c) a formula-based true-up mechanism for making annual adjustments to the deferred fuel cost charges; and (d) a method of tracing funds collected as deferred fuel cost charges. The bill requires the utility to permit certain retail customers to opt out of financing the customer's pro rata obligation for the deferred fuel cost charges through deferred fuel cost bonds. Under the bill, the financing order is irrevocable. The bill creates the deferred fuel cost charge and provides that the revenues generated by this charge, known as deferred fuel cost property, is a property right that can be transferred and pledged as security for the deferred fuel cost bonds. The bill establishes the procedures for creating, perfecting, and enforcing the security interest in deferred fuel cost property. The bill includes a state non-impairment obligation. Under the bill if the deferred fuel cost bonds are issued, the Commonwealth and its agencies, including the Commission, agree not to take any action that would limit or alter the deferred fuel cost charges until the deferred fuel cost bonds have been paid and performed in full. The bill makes various changes to procedures under which the Commission reviews the earnings and sets the rates of investor-owned incumbent electric utilities. The bill provides that, in lieu of the triennial review proceedings required under current law, Dominion Energy Virginia, beginning in 2023, will be subject to biennial reviews of their rates, terms, and conditions for generation, distribution, and transmission services. The bill requires that if, during a biennial review filed on or before December 31, 2023, the Commission determines that the utility has earned more than 70 basis points above its fair combined rate of return on its generation and distribution services, the Commission will direct that 85 percent of the amount of such overearnings be credited to customers' bills. For a biennial review filed after December 31, 2023, the bill requires that if the Commission determines that the utility has earned above its fair combined rate of return on its generation and distribution services, the Commission will direct that 85 percent of the amount of such overearnings be credited to customers' bills and that all of any such overearnings that were more than 150 basis points above the utility's fair combined rate of return on its generation and distribution services be credited to customers' bills. The bill requires that the Commission, in determining a fair rate of return on common equity for an investor-owned electric utility in any biennial review initiated prior to December 31, 2023, set such rate at 9.70 percent, which is based on the simple average of the authorized returns for vertically integrated electric utilities by the applicable regulatory commissions in the peer group jurisdictions of Florida, Georgia, Texas, Tennessee, West Virginia, Kentucky, and North Carolina. The bill provides that for any review after December 31, 2023, the Commission may use any methodology to determine such return it finds consistent with the public interest. The bill provides that the Commission may increase or decrease an electric utility's combined rate of return for generation and distribution services by up to 50 basis points based on factors that may include reliability, generating plant performance, customer service, operating efficiency of a utility, and load forecasting. The bill requires the Commission, before December 31, 2023, to direct the initiation of a proceeding to review and determine the appropriate protocols and standards applicable to implementing any such performance-based adjustments. The bill provides that in any proceeding to establish base rates for Appalachian Electric Power or Dominion Energy Virginia conducted by the Commission, if the Commission determines in its sole discretion that the utility's existing base rates will, on a going-forward basis, either produce (1) revenues in excess of the utility's authorized rate of return or (2) revenues below the utility's authorized rate of return, then the Commission is required to order any reductions or increases, as applicable and necessary, to such base rates that it deems appropriate to ensure the resulting base rates (A) are just and reasonable and (B) provide the utility an opportunity to recover its costs of providing services over the rate period and earn a fair rate of return. The bill requires Dominion Energy Virginia, in its 2023 biennial review, to combine certain rate adjustment clauses having a combined annual revenue requirement of at least $350 million with the utility's base rates. The bill provides that the combination of such rate adjustment clauses is subject to audit by the Commission in the utility's 2023 biennial review filing. The bill authorizes the Commission to, in its discretion, direct the consolidation of any previously implemented rate adjustment clauses in the interest of judicial economy, customer transparency, or other factors the Commission determines to be appropriate. The bill requires the Commission to include in its report to the Commission on Electric Utility Regulation and the Governor any information concerning the reliability impacts of generation unit additions and retirement determinations by Appalachian Power and Dominion Energy Virginia, along with the potential impact on the purchase of power from generation assets outside the Virginia jurisdiction used to serve the utility's native load. The bill requires Dominion Energy Virginia, through December 31, 2024, to undertake reasonable efforts to maintain, subject to audit by the Commission, its common equity capitalization to total capitalization ratio at a level equal to 52.10 percent.

Medical marijuana program; product, registration, dispensing, and recordkeeping requirements; advertising. Amends and adds numerous provisions regarding the Commonwealth's medical marijuana program, including provisions related to recordkeeping, product registration, allowable deviations, dispensing, packaging, labeling, and advertising. The bill requires pharmaceutical processors and cannabis dispensing facilities to collect and provide to the Board of Pharmacy by July 1, 2024, data regarding implementation of the bill. The bill also requires the Board of Pharmacy to make certain amendments to its regulations.

Waterworks; contaminants; notification to customers. Requires a waterworks owner that receives a finished water test result from a U.S. Environmental Protection Agency-approved method for drinking water for any PFAS chemical subject to a PFAS advisory and such result that exceeds the notification concentration, as defined in the bill, to (i) report such result to the Department of Health, (ii) provide public notice in the required consumer confidence report provided to the waterworks owner's customers and by posting on the waterworks owner's website, and (iii) provide such additional public notice as the Department may require on a case-by-case basis under applicable regulations. Waterworks; contaminants; notification to customers. Requires a waterworks owner that receives a finished water test result from a U.S. Environmental Protection Agency-approved method for drinking water for any PFAS chemical subject to a PFAS advisory and such result that exceeds the notification concentration, as defined in the bill, to (i) report such result to the Department of Health, (ii) provide public notice in the required consumer confidence report provided to the waterworks owner's customers and by posting on the waterworks owner's website, and (iii) provide such additional public notice as the Department may require on a case-by-case basis under applicable regulations.

Telemedicine; continuity of care. Allows for continuity of care through telemedicine when a practitioner with whom a patient has previously established a practitioner-patient relationship is unavailable at the time in which the patient seeks continuity of care. The bill allows another practitioner of the same subspecialty at the same practice group with access to the patient's treatment history to provide continuity of care using telemedicine services until the practitioner with whom the patient has a previously established practitioner-patient relationship becomes available.

Virginia Employment Commission; attorney authorization; powers. Provides that the Commissioner of the Virginia Employment Commission may authorize any attorney employed by the Commission to issue subpoenas to compel the attendance of witnesses and the production of books, papers, correspondence, memoranda, and other records deemed necessary as evidence in connection with the investigation or adjudication of any disputed claim or the administration of the Virginia Unemployment Compensation Act. The bill permits any party to file a motion to quash any such subpoena prior to the date production is required in a miscellaneous action in circuit court.

Internet ticketing platforms and resellers; deceptive trade practices. Prohibits an Internet ticketing platform or reseller, as defined in the bill, from using or displaying any trademarked or copyrighted URL or other mark or symbol of an operator, a rights holder, or a primary ticket provider without the consent of such operator, rights holder, or ticket provider and prohibits the use or display of text, images, website graphics, website display, or website addresses substantially similar to an operator's website in a manner that could reasonably be expected to mislead a potential purchaser. A violation of the provisions of the bill constitutes a prohibited practice under the Virginia Consumer Protection Act.

Shared solar programs; Phase I Utility; report. Requires the State Corporation Commission to establish by regulation a shared solar program that allows customers of a Phase I Utility to purchase electric power through a subscription in a shared solar facility, defined in the bill as a facility that, among other criteria, generates electricity by means of a solar photovoltaic device with a nameplate capacity that does not exceed 5,000 kilowatts. The bill provides that a customer's net bill for participation in the shared solar program shall not exceed the minimum bill that the Commission is required to establish, provides considerations for the Commission in establishing such minimum bill, such as minimizing the costs shifted to nonparticipating customers, and provides that the calculation of a customer's minimum bill each month shall be based on kilowatt hours billed by the utility rather than the subscriber's portion of shared solar utility generation. The bill provides that the Commission shall approve a shared solar program of 150 megawatts with a minimum requirement of 30 percent low-income customers and that an additional 50 megawatts shall be approved by the Commission upon determining that at least 45 megawatts of the aggregated shared solar capacity in the Commonwealth are subscribed to by low-income customers. The bill requires that any rule or utility implementation filings approved by the Commission shall allow all jurisdictional and nonjurisdictional customer classes to participate in the program, create a stakeholder work group to facilitate low-income customer and low-income service organization participation in the program, and encourage public-private partnerships to further the Commonwealth's clean energy and equity goals among other requirements. Shared solar programs; Phase I Utility; report. Requires the State Corporation Commission to establish by regulation a shared solar program that allows customers of a Phase I Utility to purchase electric power through a subscription in a shared solar facility, defined in the bill as a facility that, among other criteria, generates electricity by means of a solar photovoltaic device with a nameplate capacity that does not exceed 5,000 kilowatts. The bill provides that a customer's net bill for participation in the shared solar program shall not exceed the minimum bill that the Commission is required to establish, provides considerations for the Commission in establishing such minimum bill, such as minimizing the costs shifted to nonparticipating customers, and provides that the calculation of a customer's minimum bill each month shall be based on kilowatt hours billed by the utility rather than the subscriber's portion of shared solar utility generation. The bill provides that the Commission shall approve a shared solar program of 150 megawatts with a minimum requirement of 30 percent low-income customers and that an additional 50 megawatts shall be approved by the Commission upon determining that at least 45 megawatts of the aggregated shared solar capacity in the Commonwealth are subscribed to by low-income customers. The bill requires that any rule or utility implementation filings approved by the Commission shall allow all jurisdictional and nonjurisdictional customer classes to participate in the program, create a stakeholder work group to facilitate low-income customer and low-income service organization participation in the program, and encourage public-private partnerships to further the Commonwealth's clean energy and equity goals among other requirements.

Prescription Monitoring Program; exemptions; licensed narcotic maintenance treatment programs. Removes dispensing of covered substances within a licensed narcotic maintenance treatment program from the list of circumstances exempt from reporting requirements of the Prescription Monitoring Program. The bill has a delayed effective date of July 1, 2024.

Department of Housing and Community Development; protection of vulnerable tenants; report. Directs the Department of Housing and Community Development, in coordination with the Department of Social Services, to convene a workgroup to evaluate policies that can be used to protect an authorized occupant where such authorized occupant is (i) a dependent child younger than 18 years of age or (ii) a mentally or physically incapacitated elderly person. The bill provides that the workgroup shall analyze the current protections in place for children and elderly tenants. The bill also directs the workgroup to report its findings and recommendations to the Chairmen of the Senate Committee on Rehabilitation and Social Services and the House Committee on Health, Welfare and Institutions by November 1, 2023. Department of Housing and Community Development; protection of vulnerable tenants; report. Directs the Department of Housing and Community Development, in coordination with the Department of Social Services, to convene a workgroup to evaluate policies that can be used to protect an authorized occupant where such authorized occupant is (i) a dependent child younger than 18 years of age or (ii) a mentally or physically incapacitated elderly person. The bill provides that the workgroup shall analyze the current protections in place for children and elderly tenants. The bill also directs the workgroup to report its findings and recommendations to the Chairmen of the Senate Committee on Rehabilitation and Social Services and the House Committee on Health, Welfare and Institutions by November 1, 2023.

Study; Virginia Housing Commission; affordable housing; local regulation; report. Directs the Virginia Housing Commission, in consultation with the Department of Housing and Community Development and representatives of the Governor's office, to develop recommended revisions to Chapter 22 (§ 15.2-2200 et seq.) of Title 15.2 of the Code of Virginia to (i) streamline and enhance predictability in local development review processes and (ii) alleviate the effects of local policies or ordinances that contribute to increased housing costs and constrain the supply of affordable and workforce housing.

Secretary of Public Safety and Homeland Security; work group to study the use of chemical restraints in correctional facilities; report. Directs the Secretary of Public Safety and Homeland Security to convene a work group to study the use of chemical restraints in state and local correctional facilities, including the use of such restraints by third-party health providers. The bill provides that the work group shall report its findings and recommendations by December 1, 2023.