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HOUSE BILL NO. 310
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the House Committee on Communications, Technology and Innovation
on February 2, 2026)
(Patron Prior to Substitute--Delegate Feggans)
A BILL to amend the Code of Virginia by adding in Chapter 6 of Title 2.2 an article numbered 3, consisting of sections numbered
2.2-622
through
2.2-625
, relating to Artificial Intelligence Workforce Impact Act established; report.
Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding in Chapter 6 of Title 2.2 an article numbered 3, consisting of sections numbered
2.2-622
through
2.2-625
, as follows:
Article
3
.
Artificial Intelligence Workforce Impact Act
.
§
2.2-622
. Definitions.
As used in this article, unless
the context requires a different meaning:
"Artificial intelligence
system
" means
any machine learning-based system that, for any explicit or implicit objective, infers from the inputs such system receives how to generate outputs, including content, decisions, predictions, and recommendations, that can influence physical or virtual environments. "Artificial intelligence system" does not include any artificial intelligence system or general purpose artificial intelligence model that is used for development, prototyping, and research activities before such artificial intelligence system or general purpose artificial intelligence model is made available to deployers or consumers.
"Artificial intelligence-related job impact" means any reduction, reassignment, restructuring, retraining, vacancy, decision, or elimination of a state position that occurs substantially because the agency has adopted or deployed an artifici
al intelligence system that performs functions previously carried out by that position.
"Department" means the Department of Human Resource Management.
"State position" means any full-time, part-time, classified, or
other role that is funded by the Commonwealth
. "State position" does not includ
e
volunteers or
unpaid
interns.
§
2.2-623
.
Agency r
eporting requirements.
Beginning January 1, 202
8
, each state agency shall submit an annual report to the Department of Human Resource Management detailing artificial intelligence-related job impacts for the preceding fiscal year.
Such report shall include:
1. The number of
state
positions eliminated substantia
lly as a result of the adoption or use of
one or more
artificial intelligence system
s
, including
such
position titles and
occupational
categories;
2. The number of vacant or authorized
state
positions the agency decided
not to fill because one or more artificial intelligence systems performed those duties;
3. The number of
state
positions whose duties were materially altered due to the use of one or more artificial intelligen
ce systems, including whether
such
position
s
required retraining, reskilling, or reassignment;
4. The number of
state
employees provided with retraining, upskilling, transition assistance, or other workforce development efforts related to the adoption of
one or more
artificial intelligence sys
tem
s
;
5. The number of newly created
state
positions established to support or manage artificial intelligence systems, including technical, supervisory, or oversight roles
; and
6. For each of the preceding subdivisions, a brief description of the artificial intelligence system that contributed to the workforce change, including
its purpose and function.
§
2.2-624
.
Workforce impacts;
Artificial Intelligence Workforce Transition Plans.
A.
If an agency reports 10 or more workforce impacts as a result of the use of one or more artificial intelligence systems pursuant to §
2.2-623
within a fiscal year
, the agency shall submit an Artificial Intelligence Workforce Transition Plan to the Department within 1
8
0 days
.
Such plan shall include:
1. Identification of
state
positions at risk of displacement;
2. A description of available or planned retraining and reskilling efforts;
3.
Availability of partnerships with the Virginia Community College System or institutions of higher education, as defined in
§
23.1-213
, for workforce training;
4. A strategy for reassigning or placing affected employees;
5. A plan to maintain continuity of
state
services d
uring transition; and
6. A proposed timeline for implementation of such plan.
B. A state employee whose job is eliminated, m
aterially changed, or restructured due to the use of one or more artificial intelligence systems shall be eligible for:
1. Retraining or upskilling programs coordinated through the Department and the Virginia Community College System;
2.
Benefits provided under the
Virginia Department of Human Res
ource Management Policy 1.30
,
Layoff
,
and the Workforce Transition Act (§
2.2-3200
et seq.)
;
3. Career transition services offered through
the Virginia
Employment
Commission; and
4. Any additional support measures
offered by the Department.
§
2.2-62
5
. Department of Human Resource Management
review; report.
The Department shall
review the
annual
reports
and Artificial Intelligence Workforce Transition Plans
submitted by agencies pursuant to
this article
to identify statewide trends, impacts on state positions, and patterns across agencies and occupational categories.
The Department shall
submit an annual
report
to the Governor
, the Secretary of Administration,
the Joint Legislative Audit and Review Commission,
and the Chairs of the House Committee on Appropriations
, House Committee on Communications, Technology and Innovation, Senate
Committee on
General Laws and Technology,
and
Senate Committee on Finance and Appropriations
by No
vember
1 of each year
that includes (i) the tot
al reported impacts to state positions, (ii) agency-level and statewide trends, (iii) projected workforce needs, (iv)
recommended
mitigation or
retraining
strategies, and (v) identification of risks to continuity
of government services
. Such report shall be submitted for publication as a report document as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports and shall be posted on the General Assembly's website.