Bill Text: VA HB2207 | 2023 | Regular Session | Comm Sub
Bill Title: Information Technology Access Act; numerous organizational changes to Act.
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Engrossed - Dead) 2023-02-07 - VOTE: DEFEATED (48-Y 51-N) [HB2207 Detail]
Download: Virginia-2023-HB2207-Comm_Sub.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 communication technology; (ii) use
of interactive visual display terminals information and communication
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 been overlooked in when purchasing and
deploying the latest information and communication 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 communication 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 communication 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 communication 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.
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 technology that is
information and communications technology that is provided by such covered
entities for use by employees, program participants, and members of the general
public, and (ii) technology purchased in whole or in part with funds provided
by the Commonwealth, or developed 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, 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 technology
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 508 Standards and 255 Guidelines adopted pursuant to 29 U.S.C. §794d and 47 U.S.C. §255.
"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 hand-held 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 customization of a digital asset to achieve necessary levels of access.
"Equally effective alternate access plan" means a plan for information and communications technology for persons with disabilities 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,
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.
§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 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 A 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 vendor-paid and completed
accessibility conformation report indicating the level of conformance with
accessibility for the ICT being procured by the covered entity. Any areas of
nonconformance shall be documented with a vendor-paid and completed product
enhancement roadmap highlighting areas of 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 the ICT by, or for the use of, entities covered by this
chapter that are begun to be negotiated or re-negotiated on or after the
effective date of this chapter. A covered entity may stipulate additional
specifications in any procurement and may require additional specifications for
in-house developed or procured ICT.
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.
§2.2-3504. Exclusions to digital accessibility.
A. 1. The head of any covered entity or his designee
that 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 or
in-house development only to the extent that the cost of the software or
devices conformance for the covered entity would increase the total
cost of the procurement, acquisition, or in-house development by more
than five percent, including the cost of developing and implementing an
equally effective alternate access plan for each person with a disability
impacted by the inaccessible ICT. All exclusions of the technology
access clause from any contract shall be reported annually to the Secretary of
Administration.
2. Any such procurement shall be documented by the head of the covered entity together with documentation of any added cost to the covered entity for the development of any equally effective alternative access plan. In addition, each covered entity shall prepare an internal document explaining how the procurement of the inaccessible ICT does not constitute a violation of state or federal laws, including the Virginians with Disabilities Act (§51.5-1 et seq.) and the Virginia Human Rights Act (§2.2-3900 et seq.). The requirements of this subdivision shall not apply to localities with a population of less than 50,000.
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 The covered entity shall publish a list of
exclusions for procurement contracts along with, for each exclusion, the five
percent calculations, the accessibility conformation report, and the product
enhancement roadmap on its public website. The requirements of this subsection
shall not apply to localities with a population of less than 50,000.
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.
§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 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 the ICT and other products or services can be accessed by persons with disabilities.
B. The 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 comprehensive grievance procedure that provides for prompt and equitable resolution of complaints alleging any action that would be prohibited by this chapter and any other law that protects the rights of persons with disabilities. Such grievance procedure adopted pursuant to this subsection shall not supersede or conflict with any vendor grievance 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.).
3. That the provisions of this act shall become effective on July 1, 2024.