Dear John,

The Virginia General Assembly gaveled in the 2026 Legislative Session on Wednesday, January 14th! I arrived in Richmond ready to work and excited about the possibilities of a Democratic governor and Democratic majorities in both the House of Delegates and the state Senate.

So many issues like gun safety, environmental policies, reproductive rights and equal protections for all Virginians were under fire with the Youngkin administration. But now, it’s a new day. After 74 male governors, Virginia has elected its first female governor.  It was an honor to attend Governor-elect Spanberger’s inauguration.

Thank you to all who helped make Abigail Spanberger’s election possible, along with the election of Ghazala Hashmi for Lt. Governor, Jay Jones for Attorney General and a healthy majority of 64 Democratic members in the House of Delegates. We did it!

Governor Spanberger promises to deliver a solution oriented, accountable government.  She campaigned on making life in Virginia more affordable and in her inaugural address she acknowledged that housing, healthcare, childcare and the cost of energy make it difficult for Virginians to build the kind of life that will enable them to prosper. It was a powerful message.

Governor Spanberger also noted how critical it is to ensure that each Virginia child receives a world-class education. I am grateful that there is such a convergence of values and energy between the General Assembly and our new governor. The most significant statement the General Assembly could make in the first week of session was the passage of key constitutional amendments. See below:

Constitutional Amendments:

In our opening sessions this week, both the House and Senate finished the required passage of four Constitutional amendments that, if the voters agree, will guarantee important rights for all Virginians.

These amendments will guarantee Virginia women the same reproductive rights that were granted under Roe v Wade (SJ1/HJ1); ensure voting rights for those who have committed felonies and have served their time (SJ2/HJ2); ensure marriage equality (SJ3/HJ3); and grant the General Assembly a one-time authority to redraw congressional maps (HJ4). The redistricting amendment is likely to go before voters in a special election in April. This time frame will necessitate dates for primary elections that will likely be held in August. The other three amendment questions will likely go before the voters in the regular November 2026 election.

Democratic 2026 Legislative Priorities:

The Democratic caucus has developed specific legislative proposals to reinforce Governor Spanberger’s “affordability” priority.  Legislation will be introduced to buffer the federal cuts in healthcare, education, and housing. The Democratic caucus proposals introduce more innovative and cost-effective ways of serving Virginians, but challenges exist on how to keep safety net programs robust enough to weather the Trump storm. Highlights of my budget amendments and legislative proposals are noted below.

Senator Favola speaking at the Virginia Senate Democratic Caucus Press Conference

A Preview of My Legislation

This session I’ve sponsored 25 bills that are already moving through the legislative  process; you can view a list of my introduced legislation here.

Bolstering Public Education: I submitted legislation that will help re-benchmark the standards of quality by placing in statute the various funding categories that are needed to offset the costs of educating special populations. My legislation and budget amendment require the continuation of at-risk funding, expenditures for special education services and expenditures for English language learners. The state has always provided some funding for these services through budget appropriation language, but I believe it is time to place these important categories in statute. Hopefully, my effort gets one step closer to a model where funding follows the child at least in the “add-on” calculation. SB90 attempts to address some of the JLARC recommendations JLARC report on the K-12 funding formula. Stay tuned for more on this topic – it is garnering lots of discussion.

Flexibility with at Risk Funds: SB33 expands the allowable use of at-risk program funds to hire registered nurses in public schools and advanced practice registered nurses. This bill is a recommendation of the School Health Services Committee, a committee which I chair, and aims at expanding initiatives to support the physical and mental health of students.

Keeping Virginians Healthy: 

Free Clinics and Mobile Health Units: There are many aspects of the healthcare system that are suffering from affordability and access challenges. I am attempting to build a robust primary care infrastructure, especially in our underserved areas. I have submitted budget amendments that will bolster Free Clinics in southside and southwest Virginia where those Clinics have relationships with comprehensive health care systems. I am attempting to help the uninsured find medical homes and avoid emergency room visits. We expect emergency room visits to increase given the impacts of the federal HR1 (Trump calls HR 1 – One Big Beautiful Bill). Another budget amendment funds additional Mobile Health units in an effort to build health care infrastructure where it is most needed. These units will also include mental health services as well as primary and preventive care services

Paid Sick Leave: I have introduced legislation that will guarantee workers in Virginia earn one hour of sick leave for every 30 hours they work, with a maximum mandate of 5 days of sick leave per year. The lack of paid sick leave is a contributing factor to workers delaying doctors’ visits and taking care of their health. A civilized society should not force workers to choose between paying the rent and going to a doctor. I certainly hope my bill lands on Governor Spanberger’s desk. (SB 199). 

Virtual Pharmacist for Opioid Treatment Clinics: Another important bill of mine removes barriers a patient now faces when they are in substance use disorder treatment programs and need to leave the clinics with their prescribed medications.  The lack of licensed pharmacists at these clinics prohibits a patient from leaving with his/her prescription. This barrier requires patients to make multiple trips back to the clinic or to a pharmacy to fill their prescriptions. My bill would allow a pharmacist to virtually supervise an assistant pharmacist or prescribing nurse in the preparation of the prescription so a patient can leave the clinic with the medication he/she needs.

Low Cost Opioid Antagonist Drugs: Another patient-centered bill would require insurance plans licensed in Virginia to (i) ensure that naloxone or at least one other prescribed opioid antagonist is covered at the lowest cost tier for the patient; and (ii) nonprescription naloxone or at least one other nonprescription opioid antagonist over the counter shall be offered at the lowest cost tier for the patient. The bill provides that such coverage shall be exempt from any prior authorization. This bill (SB 257) is a recommendation of the Joint Commission on Health Care, a Commission on which I serve.

Criminal Justice Reform:

Judicial Checks on Indeterminate Stays for Juveniles (SB64): When a minor is convicted of a crime and sent to the Department of Juvenile Justice (DJJ), many sentences are “indeterminate”, meaning there is a range of the length of their stay depending on the crime (e.g., 6 - 9 months). This bill requires DJJ to petition the court if DJJ believes a longer stay is necessary and an explanation of why the juvenile should be detained longer must be included in the petition. The requested extension is limited to no more than a six-month period. Unfortunately, DJJ has often been unable to schedule necessary educational and rehabilitation programs within the time frame specified by the judge, but these delays should not go unchecked. I am also submitting a budget amendment to help DJJ better serve our youth within a reasonable timeframe. This is a recommendation of the Commission on Youth, a Commission which I chair.

Protections for ID/DD Individuals Interacting with the Judicial System (SB198): Establishes that evidence from interrogations with a defendant with a developmental or intellectual disability is inadmissible in prosecution against the defendant when a preponderance of evidence is presented by the defense attorney. The Commonwealth attorney may also consult experts on the matter. In short, my bill establishes safeguards for ID/DD individuals and ensures that processes recognize the cognitive issues that these individuals face in an attempt to fully understand the criminal justice system and their constitutionally protected rights.

Voting Rights:

Retention of Voting Rights for those Under a Guardianship (SB34): Under current law, when individuals are found incapacitated in a court proceeding for guardianship or conservatorship, the default (unless the court writes something else) is that their voting rights are taken away.  My bill allows the individual to retain his/her voting rights as the default position. The court may decide that the individual is incapacitated in the sense that he/she does not understand the voting concept and should be denied the right to vote – but this determination would have to be based on specific reasons. Twenty-two other states operate in a similar manner.

Changes Receipt of Mail-In Ballots to 5:00pm on Friday (SB58): Amends the deadline for mail-in ballots from noon to 5:00 pm on the 3rd day after election day to better ensure that every voter’s ballot is counted. The US Postal Service has extended its average delivery time for mail by 2 days because of this new normal, I believe an extension in the receipt time is needed.

I carried SB34 and SB58 in the 2025 session and they were vetoed by Governor Youngkin, but I expect Governor Spanberger will have a different view of these bills. 

In Conclusion:

Lastly, thank you for the ongoing calls and emails. Although the volume of correspondence from constituents and others has been very high, I always appreciate hearing from you and rest assured, every email is read and every call is noted.

I hope you’ll visit my website at BarbaraFavola.org and subscribe to my regular newsletters. I also have a dynamic social media presence through Facebook and X (formerly Twitter). I hope you’ll follow my work using one or both of those platforms. You may also track legislation through Virginia’s Legislative Information System. The Commonwealth’s General Assembly website is a useful tool as well. You can follow events, find pertinent information, observe sessions, and monitor committee meetings through the site.

It is an honor and privilege to represent you in Richmond.

Sincerely,

Barbara Favola

Representing District 40