David's 2019 Legislation

Focus on Fairfax

Jan. 20, 2019

Dear Friends and Neighbors,

If you haven't already, please take a few moments to share your thoughts on issues facing the General Assembly by filling out my 2019 Constituent Survey. Also, mark your calendar for my Town Hall Meeting with Senator Chap Petersen. The meeting will take place on February 2nd from 9-11 a.m. at Fairfax City Hall. I take great pride that so many of my constituents come out to discuss what is going on in the General Assembly. I'm looking forward to another great event.

My 2019 Legislation

This year, I have filed 15 bills - which is the maximum during a short session. You can see all of my legislation at my General Assembly webpage. Here are just a few highlights:

Walkable Communities: HB1913 provides local governments with additional authority to require the dedication of sidewalks during development. It is aimed at situations where properties along older roads without sidewalks are being redeveloped in a piecemeal fashion. I can think of numerous roads in our community where people have to traverse dangerous muddy paths to go anywhere on foot. As these properties redevelop, we should take the opportunity to improve safety and pedestrian access. The bill was requested by Fairfax County and the City of Fairfax.

Alternative Education Programs: HB2387 is designed to ensure that all school districts have alternative education programs for students experiencing disciplinary challenges. Over the past few years, the General Assembly has engaged in an emotional debate about the proper role of long-term suspensions. It is a tough issue. A disruptive student can create a negative learning environment for others, while suspending the student can exacerbate the issues that led to the disruptive behavior in the first place. We are fortunate that Fairfax County Public Schools, on our own dime, has invested in alternative education programs where students can get the individualized attention needed to address underlying issues. However, many school districts do not have such programs. Past attempts at requiring such programs have been defeated because they have been considered unfunded mandates. What makes HB2387 different is that it makes these programs part of Virginia's Standards of Quality, which means that they will receive funding through Virginia's basic aid formula.

Electric Vehicle Charging Stations: HB1934 authorizes any state agency to install fee-based electric vehicle (EV) charging stations. This bill is a continuation of my previous efforts to remove roadblocks to EV technology by making it easier to establish a state-wide network of charging stations.

Power Purchase Agreements: HB1928 is designed to increase private investment in solar and wind through the use of power purchase agreements (PPAs). Under a PPA, the energy developer arranges for the financing and installation of the system for little or no cost to the property owner. The property owner then agrees to purchase the power at a fixed rate - usually lower than the retail rate. This kind of arrangement is particularly attractive to larger institutional uses such as schools. There is currently a cap on the amount of electricity that can be generated through PPAs. My bill increases that cap.

Counseling for New Prescriptions: Current law requires a pharmacist to counsel a person when filling a new prescription. HB1743 expands the items that should be discussed to include proper disposal. According to a study conducted by the Virginia Joint Commission on Health Care, two-thirds of prescriptions are not consumed. Fifty-four percent of those unused prescriptions are stored in the home. This increases the chance of misuse or accidental consumption by children. Nationally, accidental consumption results in approximately 60,000 emergency room visits per year by children under the age of six.

University Gift Agreements: HB2386 increases the transparency of gift agreements made between a university and a donor. This past year, George Mason University has been working to tighten its gift acceptance policies after revealing that several past agreements did not meet academic independence standards. Part of the issue is that the line between a university and its foundation can get very blurry - and can make it difficult for the public to exercise their Freedom of Information Act rights. While there are certainly times when sensitive donor information needs to be protected, we must also not forget that these are public universities with a public mission. HB2386 clarifies what information must be made available to the public and also requires any donation with conditions to be accepted in writing by the university.

Firefighting Foam Management: HB2762 is a late arrival, but one of my more interesting bills. It places limitations on the use of fluorine-based firefighting foams ( perfluoroalkyl and polyfluoroalkyl) . While foams containing these substances are superior for fighting liquid fires, there are growing concerns about its biodegradability, persistence in the environment, and treatability in wastewater treatment plants. The bill seeks to minimize environmental exposure to these foams by prohibiting their use for training exercises and only allowing their use during live emergencies. What I really like about this bill is that it was brought to me by the industry that manufactures the foam, which recognized the problem. If it passes, Virginia will be the first in the nation to enact such restrictions.

Housing Commission Bills: Also on deck are several initiatives concerning HOAs that are recommendations of the Virginia Housing Commission. HB1853 is compromise legislation that helps clear up confusion over when an HOA may prohibit a home-based child day care. HB2030 increases transparency by requiring HOAs to make their budgets available to members prior to the end of the fiscal year (yes, most do, but not all) and by requiring the HOA to more clearly identify potential shortfalls in capital replacement reserves.

Finally, I am excited to be the chief co-patron of significant bipartisan legislation (HB2458) on early childhood education. More about that next week!

Please don't hesitate to contact me on these or other issues facing the General Assembly!