September 15, 2022
Did you know Virginia is one of two states wherein judges are elected by the legislature? (South Carolina is the other state.) This unique process requires consensus among geographic and partisan divisions as well as agreement between the House of Delegates and the Senate of Virginia. Compromise, while imperative to the process, is often impossible to achieve. When the legislature is in session but cannot agree on a judicial candidate, the position remains vacant until the General Assembly adjourns. At that time, the Governor may appoint a judge for the interim until the legislature next convenes. This same general procedure applies to the selection of members of the State Corporation Commission (SCC). More to follow on that subject. 
 
On Wednesday, September 7, the General Assembly returned to Richmond for a special session to elect judges as well as one SCC member. Judicial elections went smoothly; however, the SCC nomination process ended at an impasse. With no further work to do, the House voted to adjourn. In a likely bid to prevent the Governor from making interim appointments, the Senate did not vote to adjourn. 
 
What happens when the House adjourns but the Senate does not? Is the legislature still in session? Or is the legislature technically adjourned since the remaining body (the Senate in this case) cannot take action without the House? Can the Governor make an interim appointment?  
 
Good questions, all of which remain unanswered at this time. (For the record, in 2015, the House and Senate played opposite roles: the Democrat-led Senate adjourned while the House did not.) 
The State Corporation Commission
So, what is the SCC, and why does it matter? According to its website, the “State Corporation Commission is a state agency with regulatory authority over many business and economic interests…includ[ing] regulation of public utilities, insurance, state-chartered financial institutions, securities, retail franchising, and railroads.” 
 
The SCC touches the lives of each and every Virginian. SCC oversight has assumed an outsized role as of late. In 2020, when Democrats had complete control of the General Assembly and the Governor’s mansion, they passed the sweeping Virginia Clean Economy Act. In 2021, the Democrats set further standards in the Commonwealth Clean Energy Policy, which “recognizes that addressing climate change requires reducing greenhouse gas emissions across the Commonwealth's economy sufficient to reach net-zero emission by 2045 in all sectors, including the electric power, transportation, industrial, agricultural, building, and infrastructure sectors.” 
 
This is a massive and ambitious undertaking fraught with risk and expense. The SCC will be pivotal in determining whether ratepayers (all of us who use electricity in Virginia) should bear the cost of projects such as the off-shore wind farm. There are only three SCC members, making every selection critical. With inflation soaring, energy bills rising, and pricey green-energy policies looming, Republicans’ top priority is protecting Virginians from debilitating costs. Republicans supported a SCC candidate who works in the Division of Consumer Counsel in the Office of the Attorney General. Alternately, Democrats’ proposed a longtime lobbyist for the SCC role. Compromise was clearly impossible, hence the decision to adjourn.

Virginia=California?
In their dogged efforts to decarbonize Virginia, Democrats in 2021 statutorily tied Virginia to the vehicle emissions regulations set by California. What does this mean?  
  • By 2026, 35% of new vehicles sold in Virginia must be zero-emission 
  • By 2030, the percentage rises to 68% 
  • By 2035, 100% of vehicles sold in Virginia must be emission-free 
 
 
Electric vehicles are an excellent choice for some—but certainly not all—consumers. Problems include the following: 
 
During the 2022 session, House Republicans unanimously supported legislation to repeal the electric vehicle mandate and statutory link to California’s regulations. Senate Democrats opposed the bill, which failed on a party line vote. Now facing questions from Virginians—including the media—Democrats are reaffirming their support for the phased-in prohibition of the sale of new gas-powered vehicles. If you like the internal combustion engine vehicle you currently own, you can keep it…for the rest of your life. So much for free markets and consumer choice. 
Tax rebates
Due to the Commonwealth’s strong revenues, the legislature and Governor Youngkin collaborated to provide one-time rebates for Virginians who filed an income tax return and had a tax liability of at least $250. The result is that most taxpayers will receive checks of up to $250 per person or $500 per couple. Checks and direct deposits will begin going out this Friday and will be sent in the order in which individuals filed their taxes.

If you filed early, expect a direct deposit or check soon. The Department of Taxation will have a tool available on September 19 to see the amount of your rebate and when you can expect to receive it. Click here to see the Department of Taxation’s information page on the rebates.
Last chance to RSVP!
Only a few spots are remaining for Sunday's event at Cochon. If you’ve not yet done so, now is the time to make your reservation! The event will be held from 3:00 - 5:00 p.m. Click HERE for details.  
Contact our office
As always, please do not hesitate to contact me for assistance with any state related matter or agency. My office is located at 7405 Richmond Road in Williamsburg and can be reached by phone at 757-741-7001 or by email at DelABatten@house.virginia.gov. (For campaign-related matters, please send all correspondence to info@amandabatten.com).

Have a wonderful day!

Contact Delegate Batten
Legislative Aide: Dayle Brittain
Mail: P.O. Box 194, Norge, VA 23127
Phone: 757-741-7001
Paid for and Authorized by Friends of Amanda Batten