Bill Text: VA HB1355 | 2024 | Regular Session | Engrossed
Bill Title: Information Technology Access Act; numerous organizational changes to Act.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Engrossed - Dead) 2024-02-28 - Continued to 2025 in General Laws and Technology (15-Y 0-N) [HB1355 Detail]
Download: Virginia-2024-HB1355-Engrossed.html
Be it enacted by the General Assembly of Virginia:
1. That §§2.2-3500 through 2.2-3504 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding in Chapter 35 of Title 2.2 a section numbered 2.2-3505 as follows:
§2.2-3500. Policy.
A. The General Assembly finds that (i) the advent of the
information age throughout the United States and around the world has resulted
in lasting changes in information and communications technology; (ii)
use of interactive visual display terminals information and
communications technology by state and state-assisted organizations is
becoming has become a widespread means of access for employees and
the public to obtain information available electronically, but nonvisual
access, whether by speech, Braille, or other appropriate means for
persons with disabilities has often been overlooked in
when developing, designing, purchasing, and deploying the latest
information and communications technology; (iii) presentation of
electronic data solely in a visual format is a barrier to access by individuals
who are blind or visually impaired, preventing when presentation of data
through information and communications technology is not accessible by persons
with disabilities, it prevents them from participating on equal terms in
crucial areas of life, such as education and employment; (iv) alternatives,
including both software and hardware adaptations, have been created so that
interactive control of computers and use of the information presented is
possible by both visual and nonvisual means accessible information and
communications technology is often cheaper for the government in the long run
because it does not require post-implementation adaptions and does not expose
the government to liability under various state and federal laws that require
access for persons with disabilities; and (v) the goals of the state in
obtaining and deploying the most advanced forms of information and
communications technology properly include universal access so that the
segments of society with particular needs (including individuals unable to use
visual displays) persons with disabilities will not continue to
be left out of the information age the latest and future
technological innovations.
B. It is the policy of the Commonwealth that all covered
entities shall conduct themselves in accordance with the following principles:
(i) individuals who are blind or visually impaired all persons with
disabilities have the right to full participation in the life of the
Commonwealth, including the use of advanced information and
communications technology that is provided by such covered entities for use
by employees, program participants, students, and members of the general
public, and (ii) technology purchased in whole or in part with funds provided
by the Commonwealth, acquired, or developed in-house by a covered entity
to be used for the creation, storage, retrieval, display, or
dissemination of information and intended for use by employees, program
participants, students, and members of the general public shall be
adaptable for access by individuals who are blind or visually impaired. The
implementation of nonvisual access technology under this chapter shall be
determined on a case-by-case basis as the need arises accessible by all
persons with disabilities.
§2.2-3501. Definitions.
As used in this chapter, unless the context requires a different meaning:
"Access" means the ability to receive, use, and manipulate data and operate controls included in information and communications technology.
"Blind" or "visually impaired"
individual means an individual who has: (i) a visual acuity of 20/200 or less
in the better eye with correcting lenses or has a limited field of vision so
that the widest diameter of the visual field subtends an angle no greater than
20 degrees; (ii) a medically indicated expectation of visual deterioration; or
(iii) a medically diagnosed limitation in visual functioning that restricts the
individual's ability to read and write standard print at levels expected of
individuals of comparable ability.
"Accessibility" means alignment with federal Section 508 Standards and Section 255 Guidelines adopted pursuant to 29 U.S.C. §794d and 47 U.S.C. §255.
"Accessibility Conformance Report" means a completed Voluntary Product Accessibility Template (VPAT) or other document indicating the conformance of a product to accessibility standards such as federal Section 508 Standards and Section 255 Guidelines adopted pursuant to 29 U.S.C. §794d and 47 U.S.C. §255. The Accessibility Conformance Report shall be completed by a digital accessibility subject matter expert with significant experience with product evaluation or by a qualified neutral third party.
"Acquired" means obtained from a third party without the need to engage in the procurement process.
"Covered entity" means all state agencies, public institutions of higher education, school divisions, and political subdivisions of the Commonwealth.
"Digital accessibility" means technology that is designed in a way that allows for access by all users regardless of the platform, including desktops, laptops, mobile platforms, and handheld devices. "Digital accessibility" (i) includes the design of electronic documents, websites, applications, hardware, video, audio, kiosks, copiers and printers, and other digital tools and (ii) allows for the integration and use of assistive technologies such as screen readers, refreshable Braille displays, alternative input devices, and tools that allow for the customization of a digital asset to achieve necessary levels of access.
"Equally effective alternate access plan" or "EEAAP" means a plan for information and communications technology for persons with disabilities impacted by inaccessible ICT that is based on (i) timeliness of delivery, (ii) accuracy of translation, and (iii) delivery in a manner and medium appropriate to the disability of the person. Such alternate access plan, to be equally effective, is not required to produce the identical result or level of achievement for persons with and without a disability but must afford persons with a disability equal opportunity to obtain the same result, to gain the same benefit, or to reach the same level of achievement in the most integrated setting appropriate to the person's needs.
"Head of each covered entity" means the person responsible for making executive decisions on behalf of the covered entity.
"Information and communications technology"
or "ICT" means all electronic any hardware, software,
website, or other product or service primarily intended to fulfill or enable
the function of information processing hardware and software and
communication by electronic means, including telecommunications
transmission and display via the Internet.
"Nonvisual" means synthesized speech, Braille,
and other output methods not requiring sight.
"Public broadcasting services" means the acquisition,
production, and distribution by public broadcasting stations of noncommercial
educational, instructional, informational, or cultural television and radio
programs and information that may be transmitted by means of electronic
communications, and related materials and services provided by such stations.
"Telecommunications" means the transmission of
information, images, pictures, voice, or data by radio, video, or other
electronic or impulse means, but does not include public broadcasting.
"Person with a disability" means the same as that term is defined in §51.5-40.1.
"Procured" means a product or service obtained through a covered entity's procurement process.
"Vendor Accessibility Roadmap" means a document prepared and provided by the vendor highlighting the aspects and elements of the product that do not meet accessibility standards and includes the timeline for these aspects and elements to meet such accessibility standards.
§2.2-3502. Assurance of digital accessibility.
In general, the head of each covered entity or his designee
shall ensure that information technology equipment and software the
ICT used by blind or visually impaired employees, program
participants, or members of the general public who have a disability (i)
provide provides access (including interactive use of the equipment,
digital tools, and services) that is equivalent to that provided to
individuals who are not blind or visually impaired do not have a
disability; (ii) are is designed to present information
(including prompts used for interactive communications) in formats
accessible or adaptable to both visual and nonvisual use persons
with and without disabilities; and (iii) have been purchased under a
contract that includes the technology access clause required pursuant to §
2.2-3503 conforms with accessibility requirements whether developed
in-house by a covered entity or procured.
§2.2-3503. Procurement requirements.
A. The An information and communications
technology access clause specified in clause (iii) of §2.2-3502 shall
be developed by the Secretary of Administration and shall require compliance
with the nonvisual access standards established in subsection B a
current vendor-paid and completed Accessibility Conformance Report indicating
the level of conformance with accessibility for the [ ITC
ICT ] being procured by the covered entity. Any areas of nonconformance
shall be documented with a vendor-paid and completed Vendor Accessibility
Roadmap highlighting areas requiring improved accessibility, including a
timeline for each nonconforming area's completion. The clause shall be
included in all future contracts for the procurement of information
technology ICT by, or for the use of, entities covered by this
chapter for which negotiation or renegotiation is begun on or after the
effective date of this chapter.
B. At a minimum, the nonvisual access standards shall
include the following: (i) the effective, interactive control and use of the
technology (including the operating system), applications programs, and format
of the data presented, shall be readily achievable by nonvisual means; (ii) the
technology equipped for nonvisual access shall be compatible with information
technology used by other individuals with whom the blind or visually impaired
individual interacts; (iii) nonvisual access technology shall be integrated
into networks used to share communications among employees, program
participants, and the public; and (iv) the technology for nonvisual access
shall have the capability of providing equivalent access by nonvisual means to
telecommunications or other interconnected network services used by persons who
are not blind or visually impaired. A covered entity may stipulate additional
specifications in any procurement.
Compliance with the nonvisual access standards shall not be
required if the head of a covered entity determines that (a) the information
technology is not available with nonvisual access because the essential
elements of the information technology are visual and (b) nonvisual equivalence
is not available. All future contracts for the procurement of ICT by, or
for the use of, entities covered by this chapter [ , except public
institutions of higher education, ] for which negotiation or
renegotiation is begun on or after July 1, 2025 shall include provisions
specifying that, if the vendor fails to modify the ICT areas identified to meet
accessibility standards within [ the agreed upon timeline or ] 12
months after the [ date of contract award deployment of
the ICT, whichever is earlier ] , the covered entity shall either (i)
require the vendor to provide the covered entity with a credit equal to 12
months of the contract's cost, not to exceed $10,000, or (ii) cancel such
contract and, if such cancellation is due to default or justifiable cause,
require the vendor to reimburse the covered entity any outstanding contracting
costs.
C. [ A covered entity may stipulate additional
specifications in any procurement and may require additional specifications for
acquired or in-house developed ICT.
D. ] Such procurement procedure adopted
pursuant to this section shall not supersede or conflict with any vendor
procedure or policy adopted by a public institution of higher education under
the Restructured Higher Education Financial and Administrative Operations Act
(§23.1-1000 et seq.).
[ D. The provisions of this section shall not apply to contracts for less than $10,000 entered into by public institutions of higher education. ]
§2.2-3504. Exclusions to digital accessibility.
A. The head of any covered entity or his designee who
permits the procurement, acquisition, or in-house development of ICT that does
not otherwise conform to the standard of accessibility may, with respect
to nonvisual access software or peripheral devices, approve the exclusion of
the technology access clause approve such procurement, acquisition, or
in-house development only to the extent that the cost of the software or
devices for the covered entity would increase the total cost of the procurement
by more than five percent. All exclusions of the technology access clause from
any contract shall be reported annually to the Secretary of Administration
an equally effective alternate access plan is developed for any affected
persons with a disability impacted by the inaccessible ICT and is implemented
[ prior to within 30 days of the ] deployment of the ICT.
[ However, such exemption to the standard of accessibility and such an EEAAP
shall only be used when there is no other way to conform to established accessibility
requirements. ] Any such EEAAPs developed and the Vendor Accessibility
Roadmap required by §2.2-3503 shall be reviewed annually.
B. The acquisition and installation of hardware, software,
or peripheral devices used for nonvisual access when the information technology
is being used exclusively by individuals who are not blind or visually impaired
shall not be required. Any such procurement, acquisition, or in-house
developed digital tool requiring an EEAAP shall be documented by the head of
the covered entity. Such documentation shall be maintained by the covered
entity as directed by the appropriate records retention and disposition schedule
pursuant to the Virginia Public Records Act (§42.1-76 et seq.).
C. Notwithstanding the provisions of subsection B, the
applications programs and underlying operating systems (including the format of
the data) used for the manipulation and presentation of information shall
permit the installation and effective use of nonvisual access software and
peripheral devices. The requirements of this section shall not apply to
localities with a population of less than 50,000.
§2.2-3505. Designation of covered entity digital accessibility coordinator; grievance process.
A. The head of each covered entity or his designee may designate an employee to serve as such covered entity's digital accessibility coordinator. The digital accessibility coordinator shall be responsible for ensuring that the covered entity complies with state and federal laws, including the Virginians with Disabilities Act (§51.5-1 et seq.) and the Virginia Human Rights Act (§2.2-3900 et seq.), to ensure that the ICT and other products or services can be accessed by persons with disabilities.
B. The covered entity's digital accessibility coordinator shall also be responsible for developing and implementing the covered entity's digital accessibility policy. The name, phone number, email address, and office address of the covered entity's digital accessibility coordinator shall be listed on such entity's public website.
C. The head of each covered entity or his designee shall adopt and publish on such covered entity's website a procedure for identifying barriers to access and a comprehensive grievance procedure that provides for prompt and equitable resolution of complaints alleging any action that would be prohibited by this chapter or any other law that protects the rights of persons with disabilities. These notifications and the responses or resolutions for each shall be maintained by the covered entity in a manner consistent with the appropriate records retention and disposition schedule created pursuant to the Virginia Public Records Act (§42.1-76 et seq.).
2. That the provisions of this act shall become effective on July 1, 2025.
