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On July 3, 2019, The Honorable Ralph S. Northam , Virginia’s 73nd Governor, signed into effect Executive Order Number 35, for the purpose of
“Advancing Equity for Virginia’s Small, Women, and Minority Owned (SWaM)  and Service Disabled Veteran-Owned Businesses.”
For the Press Release, click here
For the full text of Executive Order 35, click here

Executive Order 35 rescinds and replaces Executive Order 20 (2014), signed into effect  On July 22, 2014,
by The Honorable Terence R. McAuliffe, Virginia’s 72nd Governor.
For the full text of Executive Order 20, click here

Legislation that impacts Virginia small businesses.

The 2019 legislative session saw the following legislation enacted:

 

House bills:

HB 2161 General Services, Department of; disposition of surplus materials.
Introduced by: Jennifer Carroll Foy

Bill text as passed House and Senate (HB2161ER)

SUMMARY AS PASSED HOUSE:
Department of General Services; disposition of surplus materials; service disabled veteran-owned businesses and veterans service organizations. Requires the Department of General Services to permit surplus materials to be sold, prior to public sale or auction, to (i) service disabled veteran-owned businesses and (ii) veterans service organizations.

SUMMARY AS INTRODUCED:
Department of General Services; disposition of surplus materials; veteran-owned small business and veterans service organizations. Provides that the Department of General Services shall permit surplus materials to be sold to (i) small businesses certified by the Department of Small Business and Supplier Diversity that are (a) military spouse-owned or (b) veteran-owned and (ii) veterans service organizations.
Details: http://lis.virginia.gov/cgi-bin/legp604.exe?191+sum+HB2161

 

 

HB 2192 Public school buildings and facilities; modernization.
Introduced by: Nick Rush

Bill text as passed House and Senate (HB2192ER)

SUMMARY AS PASSED:
Modernization of public school buildings and facilities. Provides that it is the legislative intent that public school buildings and facilities be designed, constructed, maintained, and operated to generate more electricity than consumed, and allows local school boards to enter into leases with private entities to achieve that goal if the school board owns or operates a school building or facility that has been properly modernized, generates energy derived from sunlight, and if the solar generating facility is properly interconnected. The bill also provides that private entities that contract with local school boards to modernize public school buildings and facilities may receive financing from the Virginia Small Business Financing Authority

SUMMARY AS PASSED HOUSE:
Modernization of public school buildings and facilities. Provides that it is the legislative intent that public school buildings and facilities be designed, constructed, maintained, and operated to generate more electricity than consumed, and allows local school boards to enter into leases with private developers to achieve that goal. The bill also provides that private developers that contract with local school boards to modernize public school buildings and facilities may receive financing from the Virginia Small Business Financing Authority.

SUMMARY AS INTRODUCED:
Modernization of public school buildings and facilities. Establishes standards for the design, construction, maintenance, and operation of public school buildings and facilities and allows for a local school division to enter into a lease agreement with a private entity to meet such standards. The bill would allow for net energy metering in public school buildings and facilities. The bill would also authorize the Virginia Resources Authority to provide partial funding for school modernization projects, effective January 1, 2020.
Details: http://lis.virginia.gov/cgi-bin/legp604.exe?191+sum+HB2192

 

 

HB 2328 Virginia Public Procurement Act; proscribed subcontracting by certain small businesses.
Introduced by: Joseph P. McNamara

Bill text as passed House and Senate (HB2328ER)

SUMMARY AS INTRODUCED:
Virginia Public Procurement Act; proscribed subcontracting by certain small businesses. Prohibits a small business from subcontracting with any other business with which it has an affiliated business entity relationship if such small business (i) has been awarded a contract by a public body as part of an enhancement or remedial measure authorized by the Governor and (ii) the award of such contract is conditioned upon the small business’s qualification as part of a subcategory of small businesses established as part of the enhancement program
Details: http://lis.virginia.gov/cgi-bin/legp604.exe?191+sum+HB2328

 

 

HB 2347 Small Business Investment Grant Fund; recapture of awards.
Introduced by: Charniele L. Herring

Bill text as passed House and Senate (HB2347ER)

SUMMARY AS PASSED HOUSE:
Small Business Investment Grant Fund; recapture of awards. Provides that if an eligible investor is awarded a grant from the Small Business Investment Grant Fund and the small business in which the investment was made (i) relocates outside of the Commonwealth within two years of the award of the grant or (ii) closes within two years of the award of the grant as a result of a criminal conviction on the part of any officer, director, manager, or general partner of such business relating to his involvement with the business, such investor shall forfeit the grant and refund such moneys to the Virginia Small Business Financing Authority. The bill also advances the starting date for an eligible investor to receive a grant from July 1, 2016, to July 1, 2019, and advances the end date for receiving such a grant from January 1, 2019, to January 1, 2022.

SUMMARY AS INTRODUCED:
Small Business Investment Grant Fund; recapture of awards. Provides that if an eligible investor is awarded a grant from the Small Business Investment Grant Fund and the small business in which the investment was made (i) relocates outside of the Commonwealth within two years of the award of the grant or (ii) closes within two years of the award of the grant as a result of a criminal conviction on the part of any officer, director, manager, or general partner of such business relating to his involvement with the business, such investor shall forfeit the grant and refund such moneys to the Virginia Small Business Financing Authority.
Details: http://lis.virginia.gov/cgi-bin/legp604.exe?191+sum+HB2347

 

 

HB 2741 Clean Energy Advisory Board; established, solar energy installation rebates.
Introduced by: Lashrecse D. Aird

Bill text as passed House and Senate (HB2741ER)

SUMMARY AS PASSED HOUSE:
Clean Energy Advisory Board; low-to-moderate income solar loan and rebate pilot program and fund. Establishes the Clean Energy Advisory Board (the Board) as an advisory board in the executive branch of government for the purpose of establishing a pilot program for disbursing loans or rebates for the installation of solar energy infrastructure in low-income and moderate-income households. The bill provides that the Board shall have a total membership of 15 members, consisting of 14 nonlegislative citizen members and the Director of the Department of Mines, Minerals and Energy, who shall serve ex officio. The bill establishes the Low-to-Moderate Income Solar Loan and Rebate Fund to be used to fund loans or rebate payments to electric customers who complete solar installations or energy efficiency improvements. The bill provides that the pilot program is open to any Virginia resident whose household income is at or below 80 percent of the state median income or regional median income, whichever is greater. The bill establishes application requirements and procedures for the review and approval or denial of applications. The bill requires that each applicant document the installation of energy efficiency services to demonstrate that such services lower home energy consumption by at least 12 percent prior to the submission of an application. The bill has an expiration date of July 1, 2022.

SUMMARY AS INTRODUCED:
Clean Energy Advisory Board; Clean Energy Rebate Fund; solar energy installation rebates; low-income and moderate-income households. Establishes the Clean Energy Advisory Board (the Board), an advisory board in the executive branch of government that is authorized to advise the Director of the Department of Mines, Minerals and Energy (the Director) on the disbursement of rebates under a rebate program established by the bill for the installation of solar energy infrastructure in low-income and moderate-income households. The bill provides that the Board shall have a total membership of 11 members, consisting of 10 nonlegislative citizen members and the Director, who shall serve ex officio. The bill establishes the Clean Energy Rebate Fund to receive the proceeds of bond sales by the Virginia Small Business Financing Authority and the Virginia Resources Authority and then to disburse rebates to qualified customers.

The bill provides that the rebate program is open to any Virginia resident whose household income is at or below 80 percent of the state median income or regional median income, whichever is greater. The bill establishes application requirements, procedures for the review and approval or denial of applications, requirements for installation of systems, and procedures for the disbursement of rebates. The bill requires that each applicant document the installation of energy efficiency services to demonstrate that such services lower home energy consumption by at least 12 percent prior to the submission of an application. The bill provides that the rebate shall be in the amount of $2 per DC watt for up to six kilowatts of solar capacity installed. The bill has an expiration date of July 1, 2022.
Details: http://lis.virginia.gov/cgi-bin/legp604.exe?191+sum+HB2741 

 

Senate bills:

SB 1592 Department of Small Business and Supplier Diversity; certification of a small business.
Introduced by: Siobhan S. Dunnavant

Bill text as passed Senate and House (SB1592ER)

SUMMARY AS PASSED:
Department of Small Business and Supplier Diversity; certification of certain small businesses. Directs the Director of the Department of Small Business and Supplier Diversity to amend its regulation regarding the certification of businesses as any subcategory of small businesses established as part of an enhancement or remedial measure authorized by the Governor to provide that a business that is certified as any subcategory of small business pursuant to the small business certification program administered by the Director may be certified using full-time equivalents to determine the number of employees.

SUMMARY AS PASSED SENATE:
Department of Small Business and Supplier Diversity; certification of certain small businesses. Directs the Director of the Department of Small Business and Supplier Diversity to amend its regulation regarding the certification of businesses as small businesses and any subcategory of small businesses established as part of an enhancement or remedial measure authorized by the Governor to provide that a business that is certified as a small business or any subcategory of small business pursuant to the small business certification program administered by the Director may be certified using full-time equivalents to determine the number of employees.

SUMMARY AS INTRODUCED:
Department of Small Business and Supplier Diversity; certification of a small business as a micro business. Directs the Director of the Department of Small Business and Supplier Diversity to amend its regulation regarding the certification of businesses as micro businesses to provide that a business that is certified as a small business pursuant to the small business certification program administered by the Director pursuant to subdivision 8 of § 2.2-1606 may be certified as a micro business if it, together with its affiliates, has 25 or fewer full-time equivalents and average annual gross receipts of $3 million or less averaged over the previous three years.
Details: http://lis.virginia.gov/cgi-bin/legp604.exe?191+sum+SB1592

 

 

SB 1331 Public school buildings and facilities; modernization.
Introduced by: William M. Stanley, Jr.

Bill text as passed Senate and House (SB1331ER)

SUMMARY AS PASSED:
Modernization of public school buildings and facilities. Provides that it is the legislative intent that public school buildings and facilities be designed, constructed, maintained, and operated to generate more electricity than consumed, and allows local school boards to enter into leases with private entities to achieve that goal if the school board owns or operates a school building or facility that has been properly modernized, generates energy derived from sunlight, and if the solar generating facility is properly interconnected. The bill also provides that private entities that contract with local school boards to modernize public school buildings and facilities may receive financing from the Virginia Small Business Financing Authority.

SUMMARY AS PASSED SENATE:
Modernization of public school buildings and facilities. Provides that it is the legislative intent that public school buildings and facilities be designed, constructed, maintained, and operated to generate more electricity than consumed, and allows local school boards to enter into leases with private developers to achieve that goal. The bill also provides that private developers that contract with local school boards to modernize public school buildings and facilities may receive financing from the Virginia Small Business Financing Authority.

 SUMMARY AS INTRODUCED:
Modernization of public school buildings and facilities. Establishes standards for the design, construction, maintenance, and operation of public school buildings and facilities and allows for a local school division to enter into a lease agreement with a private entity to meet such standards. The bill would allow for net energy metering in public school buildings and facilities. The bill would also authorize the Virginia Resources Authority to provide partial funding for school modernization projects, effective January 1, 2020.
Details: Details: http://lis.virginia.gov/cgi-bin/legp604.exe?191+sum+SB1331S

The 2018 legislative session saw the following legislation enacted:

 

House bills

HB 237 One-stop small business permitting program; extends sunset date.
Introduced by: Terry G. Kilgore

SUMMARY AS INTRODUCED:
One-stop small business permitting program. Extends the date by which the State Corporation Commission and the Department of Small Business and Supplier Diversity are required to complete aspects of the one-stop small business permitting program from June 30, 2018, to January 1, 2020. The measure also (i) deletes a provision regarding the implementation of a hyperlink from the SCC’s eFile system to the Business Permitting Center, (ii) amends the description of the processes to be established for the electronic collection and exchange of data or information, and (iii) deletes requirements for biannual progress reports.
Details: http://lis.virginia.gov/cgi-bin/legp604.exe?181+sum+HB237

 

 

Senate bills

SB 386 Va. Public Procurement Act; SWaM program, participation of service disabled veteran-owned business.
Introduced by: Bill R. DeSteph, Jr.

SUMMARY AS INTRODUCED:
Virginia Public Procurement Act; SWaM program; participation of service disabled veteran-owned businesses. Provides that contracts and subcontracts awarded to service disabled veteran-owned businesses shall be credited toward the small business, women-owned, and minority-owned business contracting and subcontracting goals of state agencies and state contractors.
Details: http://lis.virginia.gov/cgi-bin/legp604.exe?181+sum+SB386

 

SB 651 Va. Public Procurement Act; executive branch agency’s goals for participation by small businesses.
Introduced by: Jeremy S. McPike

SUMMARY AS PASSED:
Virginia Public Procurement Act; executive branch agency’s goals for participation by small businesses; requirements. Expands the requirement under the Virginia Public Procurement Act that any executive branch agency’s goals for participation by small businesses include a minimum of three percent participation by service disabled veteran businesses from when such agencies are contracting only for information technology goods and services to when such agencies are contracting for any goods and services. The bill contains technical amendments.

SUMMARY AS INTRODUCED:
Virginia Public Procurement Act; state agency’s goals for participation by small businesses; requirements. Expands the requirement under the Virginia Public Procurement Act that any state agency’s goals for participation by small businesses include a minimum of three percent participation by service disabled veteran businesses from when such agencies are contracting only for information technology goods and services to when such agencies are contracting for any goods and services.
Details:  http://lis.virginia.gov/cgi-bin/legp604.exe?181+sum+SB651

The 2017 legislative session saw the following legislation enacted:

 

House bills

HB 1858 Small Business and Supplier Diversity, Department of; certification of certain businesses.
Introduced by: Alfonso H. Lopez

SUMMARY AS PASSED HOUSE:
Department of Small Business and Supplier Diversity; certification of small, women-owned, and minority-owned businesses.Authorizes the Director of the Department of Small Business and Supplier Diversity to adopt regulations that mandate certification without any additional paperwork of any small, women-owned, or minority-owned business that has obtained certification under any federal small, women-owned, and minority-owned business certification program.

 SUMMARY AS INTRODUCED:
Department of Small Business and Supplier Diversity; certification of small, women-owned, and minority-owned businesses.Authorizes the Director of the Department of Small Business and Supplier Diversity to adopt regulations that provide a process for evaluating existing certification programs of other states, the District of Columbia, and territories of the United States, in addition to evaluating existing local, state, and private sector certification programs that meet the minimum requirements established by the Department for certification of small, women-owned, and minority-owned businesses, and to mandate certification without any additional paperwork of any such business that has obtained certification under any of those certification programs and any business that has obtained certification under any federal certification program.
Details: http://lis.virginia.gov/cgi-bin/legp604.exe?ses=171&typ=bil&val=hb1858

 

Effective July 1, 2017, new legislation allows for the reciprocal certification of SWaM certification to companies that are certified by the Small Business Administration (SBA) in specific certification programs and designations without requiring the company to complete the full SWaM application process.

The Department of Small Business and Suppler Diversity (SBSD) has updated the certification applications and process to fast track these key certifications. Click Here
SBSD has adjusted the certification process to allow business who have been certified with the following federal designations to receive immediate recognition of those certifications:
SBA 8A:  Details on the program can be found on the SBA site.  Click Here
EDWOSB: Details on the program can be found on the SBS site.  Click Here
VOSB/SDVOSB: Details on these Programs can be found on the VA site.  Click Here

 

Senate bills

SB 1192 Small Business and Supplier Diversity, Department of; powers of the Director.
Introduced by: Bryce E. Reeves

SUMMARY AS PASSED SENATE:
Department of Small Business and Supplier Diversity; powers of the Director; out-of-state applicants for certification as a small, women-owned, or minority-owned business. Requires, as a prerequisite for approval, that any out-of-state business applying with the Department of Small Business and Supplier Diversity for certification in Virginia as a small, women-owned, or minority-owned business possess the equivalent certification in the business’s state of origin. The bill exempts an out-of-state business located in a state that does not have a small, women-owned, or minority-owned business certification program.

SUMMARY AS INTRODUCED:
Department of Small Business and Supplier Diversity; powers of the Director; out-of-state applicants for certification as a small, women-owned, or minority-owned business. Requires, as a prerequisite for approval, that any out-of-state business applying with the Department of Small Business and Supplier Diversity for certification in Virginia as a small, women-wned, or minority-owned business possess the equivalent certification in the business’s state of origin.
Details: http://lis.virginia.gov/cgi-bin/legp604.exe?171+sum+SB1192

VCU 2018 Economic Impact Study

July 13, 2011 Disparity Study

January 13, 2010 Disparity Study

January 12, 2004 Disparity Study

Address:
101 N. 14th Street, 11th Floor Richmond, VA 23219
Phone:
1(804) 786-6585
Email:
sbsd@sbsd.virginia.gov
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