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2009 SESSION

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Senate Committee on Commerce and Labor

Chairman: Richard L. Saslaw

Clerk: Cheryl Law
Staff: Frank Munyan
Date of Meeting: February 9, 2009
Time and Place: Monday/1/2 hour after adjournment/Senate Room B

S.B. 913 Forest products; removes certain requirements if participating in renewable portfolio standard prog.

Patron: Stuart

Renewable portfolio standards; forest products.  Removes the requirement that utilities participating in a renewable portfolio standard (RPS) program collectively use no more than 1.5 million tons of forest products such as wood chips, bark, sawdust, and trees each year towards meeting RPS goals.

A BILL to amend and reenact § 56-585.2 of the Code of Virginia, relating to forest products.

093074333

S.B. 991 Mortgage lending practice; borrower right of action for violation of certain prohibited practices.

Patron: Deeds

Mortgage lending practices; penalty.  Makes it unlawful for a mortgage broker knowingly (i) to make or cause to be made any deliberate and material misstatement, misrepresentation, or omission during the mortgage lending process with the intention that it be relied on by a mortgage lender, borrower, or any other party to the mortgage lending process; (ii) to use or facilitate the use of any deliberate and material misstatement, misrepresentation, or omission, knowing the same to contain a material misstatement, misrepresentation, or omission, during the mortgage lending process with the intention that it be relied on by a mortgage lender, borrower, or any other party to the mortgage lending process; or (iii) to conspire to do either of such things. Violations are punishable as a Class 1 misdemeanor. Violators shall also be required to pay restitution. The measure prohibits mortgage brokers from providing or arranging for: (a) a subprime loan containing a provision requiring or permitting the imposition of a prepayment penalty; (b) a residential mortgage loan, other than a reverse mortgage, if the borrower's compliance with any repayment option will result in negative amortization during any six-month period; and (c) a mortgage loan that will pay off a special mortgage unless the borrower has obtained a written certification from an authorized independent loan counselor on the advisability of the loan transaction. A special mortgage is a residential mortgage loan originated, subsidized, or guaranteed by or through an agency of the Commonwealth, a locality, or a nonprofit organization that has one or more nonstandard payment terms that substantially benefit the borrower. The measure expressly gives borrowers a private right of action for violations of certain prohibited practices under the Mortgage Lender and Broker Act, in which action the borrower may seek recovery of actual damages, statutory damages equal to the amount of all lender fees included in the amount of the principal of the mortgage loan, punitive damages, costs, and reasonable attorney fees.

A BILL to amend and reenact §§ 6.1-409, and 6.1-431 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 6.1-2.8:1 and 6.1-422.2 through 6.1-422.5, relating to mortgage lending and brokering practices, including subprime loans, negative amortization, special loans, and residential mortgage fraud; penalty.

091135220

S.B. 1126 Electric energy consumption; revises State's stated goal to reduce.

Patron: Petersen

Electric energy consumption reduction goal.  Revises the Commonwealth's stated goal to reduce electric energy consumption.  The revised goal is to reduce the consumption of electric energy by retail customers, by the year 2022, to an amount equal to 90 percent of the amount of electric energy consumed by retail customers per capita in 2006.  The existing goal is to reduce the consumption of electric energy by retail customers by the year 2022 by an amount equal to 10 percent of the amount of electric energy consumed by retail customers in 2006.

A BILL to amend and reenact the third enactments of Chapter 888 and Chapter 933 of the Acts of Assembly of 2007, relating to the Commonwealth's electric energy consumption reduction goal.

090019293

S.B. 1194 Renewable energy projects; DEQ develop a permit by rule for construction of electrial facilities.

Patron: Puckett

Small renewable energy projects.  Directs the Department of Environmental Quality to develop a permit by rule for the construction and operation of electrical generation facilities that have a maximum capacity of 100 megawatts and that generate electricity only from sunlight, wind, falling water, sustainable biomass, energy from waste, municipal solid waste, wave motion, tides, or geothermal power. A small renewable energy project for which such a permit by rule has been issued will be exempt from requirements that the State Corporation Commission permit its construction and operation.

A BILL to amend and reenact §§ 56-46.1 and 56-580 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 11.1 of Title 10.1 an article numbered 5, consisting of sections numbered 10.1-1197.5 through 10.1-1197.7, relating to permits for certain renewable energy projects.

096657300

S.B. 1248 Electric energy efficiency standards; established.

Patron: Northam

Electric energy efficiency standards.  Establishes an energy efficiency standard under which investor-owned electric utilities are required to reduce the consumption by their retail customers in the Commonwealth, through implementation of energy efficiency and conservation programs, in 2025 by 19 percent compared to the consumption level currently projected for such year. Between 2010 and 2025, utilities are required to meet interim benchmarks established by the State Corporation Commission (SCC), which may be amended due to such factors as economic growth, the addition of load to serve plug-in vehicles, or regulatory, economic, or technological reasons beyond the utility's control. If a utility fails to comply with a benchmark, it is required to pay an alternate compliance payment in an amount not to exceed 3 cents per kilowatt hour consumed in excess of the benchmark amount. A utility's energy efficiency and conservation programs shall be reported in its integrated resource plans.

A BILL to amend and reenact § 56-598 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 23 of Title 56 a section numbered 56-596.1, relating to the establishment of an electric energy efficiency standard; alternative compliance payments; Virginia Energy Efficiency and Conservation Fund.

090111802

S.B. 1253 Electric service; prohibits electric utilities from charging public schools for service provided.

Patron: Deeds

Electric service provided to public schools and libraries.  Prohibits electric utilities from charging public schools and libraries for service provided to them.

A BILL to amend the Code of Virginia by adding a section numbered 56-236.3, relating to electrical service provided to public schools and libraries.

098715220

S.B. 1260 Health insurance; mandated coverage for autism spectrum disorder.

Patron: Vogel

Health insurance; mandated coverage for autism spectrum disorder. Requires health insurers, health care subscription plans, and health maintenance organizations to provide coverage for the diagnosis and treatment of autism spectrum disorder in individuals under age 21. Coverage is subject to an annual maximum benefit of $36,000.

A BILL to amend and reenact § 38.2-4319 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 38.2-3418.15, relating to health insurance coverage for autism spectrum disorder.

097809338

S.B. 1264 Wages and salaries; employer to pay by credit to prepaid debit card or card account.

Patron: Norment

Payment of wages and salaries; wage payments.  Authorizes employers to pay wages and salaries by credit to a prepaid debit card or card account, without the employee's affirmative consent, if the employee fails to designate a financial institution to which payment could be made by electronic automated fund transfer and the employer arranges for the employee to have the ability to make at least one free withdrawal or transfer per pay period using such card. Currently, payment via prepaid debit card or card account requires the affirmative consent of the employee, though such consent is not required if the employee has not designated a financial institution to which payment by electronic automated fund transfer could be made and the employee is employed at an amusement park.

A BILL to amend and reenact § 40.1-29 of the Code of Virginia, relating to the payment of wages or salaries by prepaid cards.

090066272

S.B. 1274 Health insurance; business practices.

Patron: Vogel

Health insurance; business practices.  Prohibits the issuance, delivery, sale, or negotiation of an accident and sickness insurance policy, subscription contract for a health services plan, or health care plan, which provides for premiums to be paid on a monthly or other period basis, to require that the policyholder pay premiums in advance for future periods, as a condition to reinstatement of the policy, contract, or plan.  Issuers of such policies, contracts, or plans shall not refuse to permit a policyholder to reinstate a policy, contract, or plan on the basis of the policyholder's claims experience or history of premium payments.  The measure also requires that individual and group health policies, contracts, and plans include a grace period of not less than 90 days for the payment of any premium, except for the first premium.

A BILL to amend and reenact §§ 38.2-3503 and 38.2-3527 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 38.2-508.6, relating to certain health insurance business practices.

094323338

S.B. 1296 Energy efficiency & demand response goal; every investor-owned utility in State reduce consumption.

Patron: Reynolds

Energy efficiency and demand response goals.  Establishes a goal that every investor-owned utility in the Commonwealth reduce the consumption by their retail customers in the Commonwealth, through implementation of energy efficiency programs, in 2025 by 19 percent compared to the consumption level currently projected for such year. The measure also establishes a goal that such utilities reduce their maximum peak demand in 2025 through their implementation of load-shifting and similar demand response programs to a level that is 26 percent less than the currently projected maximum peak demand for such year. The measure allows utilities to recover costs of designing and operating demand response and energy efficiency programs through a rate adjustment clause, and requires utilities to develop tariffs offering real-time variable rates.

A BILL to amend and reenact § 56-585.1 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 56-234.2:1 and adding in Title 56 a chapter numbered 26, consisting of sections numbered 56-603 through 56-605, relating to electric utilities; energy efficiency and demand response programs.

093056316

S.B. 1339 Electric utility regulation; directs SCC to take into account whether facility consistent.

Patron: Herring

Electric utility regulation.  Directs the State Corporation Commission to take into account, when considering requests for a certificate, permit, or approval for a generation facility, whether the facility is consistent with the utility's integrated resource plan. The measure also (i) establishes a fourth voluntary renewable portfolio standard goal of 15 percent by 2025; (ii) allows utilities to recover costs of designing and operating demand management, conservation, energy efficiency, and load management programs, including an enhanced rate of return on capital invested in energy efficiency, including advanced metering infrastructure, of 200 basis points for between three and seven years; (iii) requires utilities to develop tariffs offering real-time variable rates; and (iv) requires that rates for utility payments to eligible customer-generators under a net energy metering program be not less than the rate the utility charges its customers for electricity provided 100 percent from renewable energy.

A BILL to amend and reenact §§ 56-585.1, 56-585.2, 56-594, and 56-599 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 56-234.2:1, relating to the regulation of electric utilities in the Commonwealth.

090109802

S.B. 1347 Small Wind Energy Projects; DEQ to develop procedure permitting construction and operation thereof.

Patron: Wagner

Wind energy development.  Exempts wind energy projects with a rated capacity of less than 100 megawatts that will be operated or constructed by a nonutility generator from provisions that require State Corporation Commission (SCC) approval. The Department of Environmental Quality (DEQ) is designated as the lead agency for issuing permits for such projects. Limits are imposed on the duration and financial obligations of the developer with respect to monitoring the effect of the project on birds and other wildlife. Any SCC proceeding involving an application for a certificate, permit, or approval required for the construction or operation by a public utility of a wind power facility is required to be completed within nine months following the utility's submission of a complete application. The measure establishes an investment tax credit whereby a taxpayer is allowed a credit against income taxes equal to 35 percent of the cost of constructing, purchasing, or leasing wind turbines and towers. The credit may be claimed over a five-year period. The amount of income tax credits in any taxable year shall not exceed 50 percent of the tax liability otherwise due, and a taxpayer is ineligible to claim a credit of more than $500,000 in any year. Finally the measure declares that wind turbines and towers are tangible personal property used primarily for the purpose of abating or preventing pollution of the atmosphere and waters of the Commonwealth and exempts 80 percent of their value from state and local taxation.

A BILL to amend and reenact §§ 56-46.1 and 56-580 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 11.1 of Title 10.1 an article numbered 5, consisting of sections numbered 10.1-1197.5 through 10.1-1197.7, by adding in Article 13 of Chapter 3 of Title 58.1 a section numbered 58.1-439.12:03, and by adding a section numbered 58.1-3661, relating to wind energy development; permitting processes, income tax credit, and property taxation of wind turbines and towers.

090115804

S.B. 1348 Electricity; demand response programs. 

Patron: Wagner

Electricity; demand response programs.  Establishes a goal of reducing each electric utility's peak demand by 2015 to an amount that is 5.4 percent less than the utility's peak demand during 2010, and by 2020 to an amount that is 10.8 percent less than the utility's peak demand during 2010 through the implementation, by the utility or curtailment service providers, of programs that induce users to curtail electricity usage as a result of congestion and higher prices in the electrical grid.  Electric utilities are required to submit plans for meeting the goal and reports on efforts to meet the goal.  Each electric utility is required to implement a demand response tariff.  Electric utilities are authorized to earn an enhanced rate of return on the reasonable costs of designing and operating demand response programs.  The measure authorizes any member of an Independent System Operator (ISO) to deliver to retail customers products and services directly related to the implementation of an ISO program in accordance with the ISO's policies and procedures.  The workgroup convened by the SCC in its 2007 proceeding on energy efficiency and conservation is continued as the Virginia Energy Collaborative.  The SCC is directed to establish a procedure for the certification of clean demand response, in order that it may count towards the goals of the voluntary renewable energy portfolio standard program. The Air Pollution Control Board is directed to amend its existing regulations governing the issuance of general permits for the use of back-up generation to authorize the construction, installation, reconstruction, modification, and operation of emergency generation sources during ISO-declared emergencies.  The SCC is directed to conduct a proceeding to evaluate the cost effectiveness of demand response and energy efficiency programs offered by electric utilities to retail customers, and to study the deployment of smart meter technologies.

A BILL to amend and reenact §§ 56-585.1 and 56-585.2 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 10.1-1307.02 and 10.1-1321.2 and by adding in Title 56 a chapter numbered 26, consisting of sections numbered 56-603 through 56-610, relating to electricity demand response programs.

089646340

S.B. 1413 Adult abuse; financial institution employees to report suspected financial abuse of elder persons.

Patron: Edwards

Adult protective services; reports by financial institution employees of financial abuse of elder or dependent persons.  Requires employees of banks and trust companies, savings banks, building and loan associations, savings and loan companies or associations, and credit unions to report the suspected financial abuse of elder or dependent persons, based on information obtained in their professional or official capacity.

A BILL to amend and reenact § 63.2-1606 of the Code of Virginia, relating to the duty to report financial abuse of elder or dependent adults.

090017228

S.B. 1440 Electric utilities; include in integrated resource plan reduce customers' electricity consumption.

Patron: Herring

Integrated resource planning; electrical consumption.  Requires each electric utility to include in its integrated resource plan, and amendments thereto, a plan for the utility to reduce its customers' electricity consumption by 2025 to a level that is 19 percent less than the forecasted 2025 consumption level, through investments in programs that will reduce the amount of base load power that the utility will be required to make available to meet expected customer consumption.  The measure requires electric cooperatives to prepare integrated resource plans on the same terms applicable to investor-owned electric utilities.  If a utility fails to comply with a benchmark, it is required to pay an alternate compliance payment in an amount not to exceed three cents per kilowatt hour consumed in excess of the benchmark amount.  Funds collected from alternate compliance payments are to be deposited in a special fund named the Virginia Energy Efficiency and Integrated Resource Plan Compliance Fund.  The Fund shall be used to finance financial incentives, including grants and low-interest loans, to persons other than utilities for the implementation of energy efficiency and conservation programs.

A BILL to amend and reenact §§ 56-597 and 56-599 of the Code of Virginia, relating to investments in energy efficiency resources by electric utilities.

090140240

S.B. 1447 Energy Efficiency Commission; established, report.

Patron: McEachin

Energy efficiency by electric utilities.  Requires investor-owned electric utilities and electric cooperatives to implement energy efficiency programs.  Utilities are eligible to recover costs of approved programs that achieve quantifiable, observable savings where the scope of the program is sufficient to reduce demand from retail customers by amounts needed to attain a targeted 19 percent consumption reduction goal by 2025.  Investor-owned electric utilities are also eligible to earn a 200 basis points' enhanced return on equity on investments in approved energy efficiency programs.  The integrated resource plans developed by electric utilities shall include investments in energy efficiency resources sufficient to achieve a 19 percent reduction in the utility customer's consumption in 2025, compared to the projected level of consumption that would occur without such investments.  The net energy metering program shall be revised to supplement energy efficiency programs.  The State Corporation Commission is required to develop regulations that provide access to the electrical grid by distributed generators with combined heat and power systems.  The measure requires electric cooperatives to prepare integrated resource plans on the same terms applicable to investor-owned electric utilities.  If a utility fails to comply with a benchmark, it is required to pay an alternate compliance payment in an amount not to exceed 3 cents per kilowatt hour consumed in excess of the benchmark amount.  Funds collected from alternate compliance payments are to be deposited in a special fund named the Virginia Energy Efficiency and Integrated Resource Plan Compliance Fund.  The Fund shall be used to finance financial incentives, including grants and low-interest loans, to persons other than utilities for the implementation of energy efficiency and conservation programs.  A Virginia Energy Efficiency Commission is established as an advisory Commission in the executive branch to evaluate the success of energy efficiency programs, to verify the achievements of such programs, and to identify new cost-effective opportunities for new energy efficiency programs.

A BILL to amend and reenact §§ 56-576, 56-585.1, 56-585.3, 56-594, 56-597, 59-598, and 56-599 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 25 of Title 2.2 an article numbered 10, consisting of sections numbered 2.2-2537 through 2.2-2540, by adding a section numbered 56-585.4, and by adding in Chapter 23 of Title 56 a section numbered 56-596.1, relating to electric energy efficiency initiatives; recovery of costs of energy efficiency programs; establishment of the Virginia Energy Efficiency Commission.

098677273

S.B. 1452 Energy Efficiency Programs; created.

Patron: Petersen

Energy efficiency programs.  Imposes a $1 per month surcharge on rates for retail customers of investor-owned electric utilities and distribution electric cooperatives.  The moneys generated from the charge will be deposited in the Energy Efficiency Fund, which shall be administered by a program administrator selected by the State Corporation Commission subject to the approval of the Governor.  The program administrator is charged with developing energy efficiency plans and, if approved by the SCC, implementing such plans.  The SCC shall approve a proposed energy efficiency plan if it is consistent with energy objectives of the Virginia Energy Plan.

A BILL to amend the Code of Virginia by adding in Title 56 a chapter numbered 26, consisting of sections numbered 56-603 through 56-610, relating to system-wide energy efficiency programs.

090104293

S.B. 1458 Health insurance; mandated coverage for telehealth services.

Patron: Wampler

Health insurance; mandated coverage for telehealth services.  Requires health insurers, health care subscription plans, and health maintenance organizations to provide coverage for the cost of telehealth services when the services are appropriately provided through such means. "Telehealth services" means the use of interactive audio, video, or other telecommunications technology by a health care provider to deliver health care services at a site other than the site where the patient is located, for consultation, transfer of medical data, and medical education.

A BILL to amend and reenact § 38.2-4319 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 38.2-3418.15, relating to health insurance coverage for telehealth services.

090154344

S.B. 1472 Wireless E-911; establishes procedure for collection and remittance of prepaid charges by sellers.

Patron: Saslaw

Prepaid wireless E-911 charges.  Establishes a procedure for the collection and remittance of prepaid wireless E-911 charges by sellers of prepaid wireless service in the Commonwealth. The charge is established at $0.38 per retail transaction, as such amount is adjusted proportionately with any change to the wireless E-911 surcharge. The Department shall establish registration and payment procedures with respect to prepaid wireless E-911 charges that substantially coincide with those applicable to the sales tax. Seller may retain three percent of collected prepaid wireless E-911 charges. The measure applies to retail transactions occurring on or after January 1, 2010.

A BILL to amend and reenact §§ 56-484.12 and 56-484.17 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 56-484.17:1, relating to collection of prepaid wireless E-911 charges at the point of sale.

090137324

S.B. 1480 Life insurance policies; delivery method.

Patron: Ruff

Life insurance policies; delivery method.  Establishes permissible methods for delivery of a life insurance policy by the insurer to the owner of the policy in order to start the period running during which the owner may exercise a right to examine, surrender, or return a policy for cancellation. Permitted forms of delivery include registered or certified mail; personal delivery, with a signed, written receipt of delivery; first-class mail, with a signed, written receipt of delivery; or other reasonable means, as determined by the Commissioner.  If a dispute arises regarding delivery of a policy, the burden of proof shall be on the insurer to establish that the policy was delivered if delivery was not made by one of such manners.  In any event, a policy shall be deemed to have been received six months after the date of issuance if the insured has paid premiums pursuant to the contract.

A BILL to amend the Code of Virginia by adding a section numbered 38.2-3301.1, relating to delivery of life insurance policies.

090136320

S.B. 1490 Consumer Finance Act; open-end loan plans secured by motor vehicle titles.

Patron: Herring

Open-end credit plans; loans secured by motor vehicle title.  Limits the existing provision that currently allows any seller or lender to extend credit under an open-end or similar plan.  The measure allows only sellers of personal, family, or household goods making open-end extensions of credit to purchasers when financing the price of such goods to charge interest and fees at any rate to which the seller and borrower agree, provided they give a 25-day interest-free grace period.  The measure also provides that any loan to an individual for personal, family, or household purposes that is secured by a nonpurchase-money security interest in a motor vehicle shall be subject to the provisions of the Consumer Finance Act.  Licensees under the Consumer Finance Act are prohibited from charging interest of more than 36 percent annually on such loan balances and are required to provide a 25-day interest-free grace period.

A BILL to amend and reenact §§ 6.1-249, 6.1-272.1, 6.1-278, 6.1-285, and 6.1-330.78 of the Code of Virginia, relating to the Consumer Finance Act; open-end credit plans; loans secured by motor vehicle titles.

090143240

S.B. 1495 Unemployment compensation; voluntarily leaving employment to accompany military spouse.

Patron: Locke

Unemployment compensation; quit to follow military spouse.  Provides that good cause for leaving employment exists if an employee voluntarily leaves a job to accompany the employee's spouse, who is on active duty in the military or naval services of the United States, to a new military-related assignment established pursuant to a permanent change of duty order from which the employee's place of employment is not reasonably accessible. The measure applies only if the state to which the spouse is transferred has a similar provision. Benefits paid to qualifying claimants shall be charged against the pool rather than against the claimant's employer.

A BILL to amend and reenact §§ 60.2-528 and 60.2-618 of the Code of Virginia, relating to unemployment compensation; voluntarily leaving employment to accompany military spouse.

098826256