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2013 SESSION

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Senate Committee on Commerce and Labor

Chairman: John C. Watkins

Clerk: Maribeth Turner, Cheryl Law
Staff: Frank Munyan
Date of Meeting: January 28, 2013
Time and Place: Monday, 1/2 Hour after Adjournment, Senate Room B

S.B. 704 Workers' compensation; disease presumption, corrections officers.

Patron: Puckett

Workers' compensation; disease presumption; corrections officers. Adds correctional officers to the list of public safety employees who are entitled to a presumption that hypertension and heart disease and certain infectious diseases are occupational diseases compensable under the Virginia Workers' Compensation Act.

A BILL to amend and reenact §§ 65.2-402 and 65.2-402.1 of the Code of Virginia, relating to workers' compensation; presumption of compensability for certain diseases; correctional officers.

13100860D

S.B. 727 Workers' compensation; presumptions, members of enforcement division of DMV.

Patron: Carrico

Workers' Compensation; presumptions; members of the enforcement division of the Department of Motor Vehicles. Adds full-time sworn members of the enforcement division of the Department of Motor Vehicles to those public safety employees who are entitled to presumptions that hypertension, heart disease, and certain infectious diseases are occupational diseases compensable under the Workers' Compensation Act.

A BILL to amend and reenact §§ 65.2-402 and 65.2-402.1 of the Code of Virginia, relating to workers' compensation; presumption as to death or disability of members of enforcement division of Department of Motor Vehicles.

13102378D

S.B. 774 Workers' compensation; disease presumption, corrections officers.

Patron: Blevins

Workers' compensation; disease presumption; correctional officers. Adds correctional officers to the list of public safety employees who are entitled to a presumption that hypertension and heart disease and certain infectious diseases are occupational diseases compensable under the Virginia Workers' Compensation Act.

A BILL to amend and reenact §§ 65.2-402 and 65.2-402.1 of the Code of Virginia, relating to workers' compensation; presumption of compensability for certain diseases; correctional officers.

13100927D

S.B. 797 Electric utilities; advanced meters.

Patron: Garrett

Electric utilities; advanced meters. Prohibits any electric utility from installing an advanced meter on a customer's premises or requiring a customer to use any advanced meter unless the customer has requested it. An advanced meter is a meter that is capable of measuring, recording, storing, and reporting usage according to predetermined time criteria and that allows two-way communications suited for demand-response programs. Electric utilities are also required to uninstall an advanced meter at a customer's request; prohibited from giving any meter use data from an advanced meter to any person other than the electric utility; prohibited from shutting off service to a customer based on the amount of electricity the customer uses or the customer not having or using an advanced meter; prohibited from imposing any disincentive on a customer for not agreeing to the installation or use of an advanced meter; prohibited from obtaining data from an advanced meter more than once per month unless requested by a customer; and required to notify customers in writing that the installation and use of an advanced meter is not mandated by state law and is not permitted without the customer's request. The measure also repeals an existing provision that prohibits an investor-owned electric utility participating in an energy efficiency program from connecting advanced metering technology and equipment on the customer's side of the interconnection without the customer's express consent.

A BILL to amend and reenact § 56-576 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 56-249.8, relating to electric utilities; advanced meters.

13100731D

S.B. 852 Renewable energy facilities; eligibility for incentives.

Patron: Petersen

Renewable energy facilities; eligibility for incentives. Establishes a requirement that electricity generated from renewable sources be generated from a facility located in the Commonwealth or if the facility is an offshore wind facility, located off the Commonwealth's coastline, in order to qualify as renewable energy for purposes of the renewable energy portfolio standard program. The measure also makes renewable powered generation facilities located outside of the Commonwealth, except offshore wind facilities located in waters off the Commonwealth's shoreline, ineligible for certain cost recovery and enhanced rate of return incentives in the Virginia Electric Utility Regulation Act.

A BILL to amend and reenact §§ 56-585.1 and 56-585.2 of the Code of Virginia, relating to renewable energy facilities; limiting eligibility for incentives.

13100548D

S.B. 896 Workers' compensation; off-premises injuries incurred by public safety employees.

Patron: Reeves

Workers' compensation; off-premises injuries incurred by public safety employees. Eliminates, with respect to off-premises injuries incurred by public safety employees, the condition for eligibility for workers' compensation benefits that the nature of an employee's employment exposed the employee to a particular risk of injury that is usually not faced by a member of the public. The measure would eliminate an employer's defense that such an injury was an act of God not covered by the Workers' Compensation Act because the risk of injury was no greater for the employee than for members of the public.

A BILL to amend the Code of Virginia by adding a section numbered 65.2-301.1, relating to the Virginia Workers' Compensation Act; injuries to public safety employees arising out of employment.

13100382D

S.B. 915 Workers' compensation; injuries to public safety officers.

Patron: Ruff

Workers' compensation; injuries to public safety officers. Provides that an injury incurred by a public safety officer that occurs in the course of his employment at a location that is off the premises his regular premises of employment shall be deemed to have arisen out of employment if the injury would not have occurred but for the fact that the conditions and obligations of his employment placed the public safety officer at the location where the injury was incurred.  Such an employee shall not be required to prove (i) that the nature of his employment exposed him to a special, additional, peculiar, or particular risk of injury to which a member of the public is not generally subject or (ii) a causal connection between the conditions under which his employment was required to be performed and the resulting injury.  The measure would eliminate an employer's defense that such an injury was an act of God not covered by the Virginia Workers' Compensation Act. The measure would not apply to injuries incurred prior to July 1, 2013.

A BILL to amend the Code of Virginia by adding a section numbered 65.2-301.1, relating to the Virginia Workers' Compensation Act; injuries to public safety officers arising out of employment.

13102478D

S.B. 917 Financial institutions; contract provision requiring amendment or waiver to be in writing.

Patron: Stuart

Financial institutions; contract provision requiring amendment or waiver to be in writing. Provides that a court, when considering a provision in a written contract involving a financial institution to the effect that no amendment or waiver of any of its terms will be valid unless the amendment or waiver is in writing, will not give effect to any amendment or waiver unless it is in writing.

A BILL to amend the Code of Virginia by adding in Article 2 of Chapter 1 of Title 6.2 a section numbered 6.2-107, relating to contracts with financial institutions; effect of provision requiring amendment or waiver to be in writing.

13103472D

S.B. 922 Health insurance; plan management and rate review.

Patron: Watkins

Health insurance; plan management and rate review. Authorizes the State Corporation Commission (SCC), with assistance from the Virginia Department of Health, to perform plan management functions required to certify health benefit plans for participation in a federally facilitated health benefit exchange in Virginia. This obligation is contingent upon the availability of full funding, technology infrastructure being made available to the SCC, and there being no other impediments that effectively prevent the SCC from performing any required plan management functions. In addition, the SCC's obligation to perform plan management functions is contingent upon receiving federal funding sufficient to pay the operating expenses necessary to carry out the functions. The SCC may contract with and enter into memoranda of understanding to carry out its plan management functions with any state or federal agency. The measure also authorizes the SCC to review and approve accident and sickness insurance premium rates applicable to health benefit plans in the individual and small group markets and health benefit plans providing health insurance coverage in the individual market through certain non-employer group plans. The power to review and approve rates is a condition to the SCC being found to be an effective regulator of such rates. Finally, the measure authorizes the Virginia Department of Health to assist the SCC in carrying out the plan management functions. The measure will take effect upon its passage.

A BILL amend and reenact §§ 32.1-16 and 32.1-137.2 of the Code of Virginia and §§ 38.2-4214, 38.2-4319, and 38.2-4509 of the Code of Virginia as they are currently effective and as they shall become effective, and to amend the Code of Virginia by adding in Chapter 3 of Title 38.2 sections numbered 38.2-316.1 and 38.2-326, relating to the powers of the State Corporation Commission to perform plan management functions for participation in a federally facilitated health benefit exchange; review and approval of health insurance premium rates.

13103184D

EMERGENCY

S.B. 924 Virginia Health Benefit Exchange; created, report.

Patron: Watkins

Virginia Health Benefit Exchange. Creates the Virginia Health Benefit Exchange, which will be established and operated by a new division within the State Corporation Commission (SCC). The Exchange shall facilitate the purchase and sale of qualified health plans and qualified dental plans to qualified individuals and qualified employers. The Exchange shall make qualified plans available to qualified individuals and qualified employers beginning with effective dates on January 1, 2014, which date may be postponed by the SCC as it deems necessary to permit the completion of the establishment of the Exchange. The Exchange will be funded by assessments on health insurers offering plans in the Exchange. A health plan will not be required to cover any state mandated health benefit if federal law does not require it to be covered as part of the essential benefits package. The essential health benefits are items and services included in the benchmark health insurance plan, which is the largest plan in the largest product in the Commonwealth's small group market as supplemented in order to provide coverage for the items and services within the statutory essential health benefits categories. The Exchange shall ensure that no qualified health insurance plan that is sold or offered for sale through the Exchange provides coverage for abortions, except for an abortion performed (i) when the life of the mother is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself, or (ii) when the pregnancy is the result of an alleged act of rape or incest. The measure also authorizes the SCC to review and approve accident and sickness insurance premium rates applicable to health benefit plans in the individual and small group markets and health benefit plans providing health insurance coverage in the individual market through certain non-employer group plans. The power to review and approve rates is a condition to the SCC being found to be an effective regulator of such rates, which finding is a requirement for its operation of a state-run health benefit exchange.

A BILL to amend and reenact §§ 38.2-4214, 38.2-4319, and 38.2-4509, as they are currently effective and as they shall become effective, of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 38.2-316.1 and by adding in Title 38.2 a chapter numbered 64, consisting of sections numbered 38.2-6400 through 38.2-6416, relating to the establishment and operation of a health benefit exchange for the Commonwealth; assessments.

13101038D

S.B. 945 Health insurance; installment payments of cost-sharing obligations associated with prescriptions.

Patron: Puller

Health insurance; installment payments of cost-sharing obligations. Requires health plans to allow certain covered persons to pay their cost-sharing obligations under their health benefit plan in 12 equal monthly installments. The option is to be provided to covered persons who are reasonably expected to incur cost-sharing obligations as a result of their pharmacy benefits that exceed their total annual cost-sharing obligations under their health benefit plan.

A BILL to amend and reenact §§ 38.2-4214, 38.2-4319, and 38.2-4509, as such sections are currently effective and as they shall become effective, of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 34 of Title 38.2 an article numbered 7, consisting of sections numbered 38.2-3447 through 38.2-3452, relating to payment plans for cost-sharing obligations associated with prescriptions.

13101090D

S.B. 947 Health insurance; modification of prescription drug coverage.

Patron: Puller

Health insurance; modification of prescription drug coverage. Prohibits a health insurer, corporation providing accident and sickness subscription contracts, or health maintenance organization from making certain modifications in prescription drug coverage unless (i) the modification occurs at the time of coverage renewal; (ii) the modification is effective on a uniform basis among all policyholders, contract holders, or subscribers of identical or substantially identical policies, contracts, or plans; and (iii) the insurer, corporation, or health maintenance organization notifies affected insureds, subscribers, or members of the modification not later than 60 days before the date the modification is effective. The requirement applies only to modifications that remove a drug from a formulary, add a prior authorization requirement, impose or alter a quantity limit for a drug, impose a step-therapy restriction for a drug, or move a drug to a higher cost-sharing tier. The measure applies only to policies, contracts, or plans that include coverage for prescription drugs and utilize a formulary.

A BILL to amend and reenact § 38.2-4509, as it is currently effective and as it shall become effective, of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 38.2-3407.14:1, relating to accident and sickness insurance; modification of prescription drug coverage.

13103149D

S.B. 988 Voluntary regulatory self-assessments by banks; privilege.

Patron: Stuart

Voluntary regulatory self-assessments by banks; privilege. Creates a privilege for information generated from a voluntary regulatory self-assessment conducted by a bank or its holding company, affiliates, and subsidiaries. The privilege applies to any document prepared in connection with a voluntary, self-initiated internal assessment, audit, or review of a bank and its practices, policies, and procedures or the practices, policies, and procedures of the bank's service provider. The privilege makes a self-assessment report inadmissible in any legal or investigative action in any civil or administrative proceeding and exempts it from discovery. The privilege shall not apply if it is waived; if it is determined that the privilege is being asserted for a fraudulent purpose or that the report was prepared to avoid disclosure of information in a proceeding that was underway at the time of its preparation, or it is found that a condition exists that demonstrates imminent and substantial harm to bank customers or consumers; or if it involves information in the possession of a bank regulator and is subject to public disclosure.

A BILL to amend the Code of Virginia by adding in Chapter 8 of Title 6.2 an article numbered 16, consisting of sections numbered 6.2-947 through 6.2-950, relating to privilege for voluntary regulatory self-assessments by banks.

13103323D

S.B. 1023 Electric utility regulation; exemption for purchases from renewable energy sellers.

Patron: Edwards

Renewable energy power purchase agreements. Excludes renewable energy sellers from regulation as a public utility. A renewable energy seller is a person that (i) owns or operates a renewable energy electricity generation source on the premises owned, leased, or otherwise controlled by an eligible customer-generator under the net energy metering program and (ii) sells the electricity generated from such renewable energy electricity generation source exclusively to such eligible-customer generator under a power purchase agreement. The measure expands the scope of permitted retail competition for electric generation service to allow individual retail customers that are eligible customer-generators to purchase electric energy provided 100 percent from renewable energy exclusively for their own consumption from a renewable energy seller pursuant to a power purchase agreement in order to supply some or all of such retail customer's electric energy requirements. These customers will be permitted to purchase electric energy provided 100 percent from renewable energy pursuant to a power purchase agreement from a renewable energy seller without regard to whether the incumbent electric utility serving the exclusive service territory offers an approved tariff for electric energy provided 100 percent from renewable energy. An eligible customer-generator may enter into a non-net-metered power purchase agreement with a renewable energy generator for onsite qualifying renewable energy generation facilities that are greater than the maximum allowable net metering project size provided they have a capacity of less than five megawatts, unless the utility permits a larger size.

A BILL to amend and reenact §§ 56-265.1, 56-576, 56-577, and 56-594 of the Code of Virginia, relating to electric utility regulation; exemption for purchases from renewable energy sellers.

13102578D

S.B. 1025 Net energy metering; standby charges.

Patron: Edwards

Net energy metering; standby charges. Requires the State Corporation Commission, when determining whether to approve a utility's proposed standby charge methodology, to find that the cost and benefit components used to calculate the proposed standby charges are based on load research on the affected class of eligible customer-generators and that the number of eligible customer-generators used in such load research is sufficient to form reasonable statistical conclusions about such costs and benefits. In addition, the standby charges collected from eligible customer-generators shall allow the supplier to recover only the portion of the supplier's net costs that are properly associated with serving eligible customer-generators. The measure also requires the Commission to review standby charges approved prior to July 1, 2013, for conformance with these new requirements for standby charge approval.

A BILL to amend and reenact § 56-594 of the Code of Virginia, relating to the net energy metering program; standby charges.

13103439D

S.B. 1084 Health insurance; authorizes SCC to establish state plan management partnership exchange.

Patron: Herring


State partnership health benefit exchange. Directs the State Corporation Commission (SCC) to contract with and enter into memoranda of understanding with the U.S. Department of Health and Human Services or any other state or federal agency as may be required in order to establish a state plan management partnership exchange for the Commonwealth. The SCC, with assistance from the Virginia Department of Health, is required to perform any plan management functions consistent with guidelines developed by the Secretary of the U.S. Department of Health and Human Services to support such an exchange in Virginia. The SCC's obligation to perform plan management functions is contingent upon the availability of full funding, technology infrastructure being made available, and there being no other impediments that effectively prevent the SCC from performing any required plan management functions. In addition, the SCC's obligation to perform plan management functions is contingent upon receiving a general fund appropriation sufficient to pay the operating expenses necessary to carry out the functions. The SCC is required to seek full reimbursement from the U.S. Department of Health and Human Services for the expenses and to reimburse the general fund for the amount received. The SCC may contract with and enter into memoranda of understanding to carry out its plan management functions with any state or federal agency. The Department of Health, Department of Medical Assistance Services, and Department of Social Services are authorized to assist the SCC in the establishment, operation, and plan management functions of a state plan management partnership exchange. The SCC may not use special fund revenues dedicated to its other functions and duties to fund plan management functions. The measure also authorizes the SCC to review and approve accident and sickness insurance premium rates applicable to health benefit plans in the individual and small group markets and health benefit plans providing health insurance coverage in the individual market through certain non-employer group plans. The power to review and approve rates is a condition to the SCC being found to be an effective regulator of such rates, which finding is a requirement for its participation in the health benefit exchange partnership model. The measure will take effect upon its passage.

A BILL to amend and reenact §§ 32.1-16, 32.1-137.2, and 32.1-321.1 of the Code of Virginia, §§ 38.2-4214, 38.2-4319, and 38.2-4509 of the Code of Virginia as they are currently effective and as they shall become effective, and § 63.2-206 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 3 of Title 38.2 sections numbered 38.2-316.1 and 38.2-326, relating to the participation of the Commonwealth in a state plan management partnership exchange; review and approval of health insurance premium rates.

13103691D

EMERGENCY

S.B. 1126 Workers' compensation; injuries to public safety employees.

Patron: Norment

Workers' compensation; injuries to public safety employees. Provides that a public safety employee who is injured in the course of his employment is not required to prove that the nature of his employment exposed him to a special, additional, peculiar, or particular risk of injury to which a member of the public is not generally subject. The measure further provides that (i) an injured public safety employee is not required to prove a causal connection between the conditions under which his employment was required to be performed and the resulting injury and (ii) the characterization of the causation of such an injury as an act of God shall not be a defense to a claim for compensation under this title.

A BILL to amend the Code of Virginia by adding a section numbered 65.2-301.1, relating to the Virginia Workers' Compensation Act; injuries to public safety employees arising out of employment.

13101540D

S.B. 1138 Virginia Nuclear Energy Consortium Authority; established.

Patron: McWaters

Virginia Nuclear Energy Consortium. Establishes the Virginia Nuclear Energy Consortium Authority as a political subdivision of the Commonwealth for the purposes of making the Commonwealth a national and global leader in nuclear energy and serving as an interdisciplinary study, research, and information resource for the Commonwealth on nuclear energy issues. The 17-member board of directors of the Authority is directed to form a nonstock, nonprofit corporation, referred to as the Virginia Nuclear Energy Consortium. Membership in the Consortium is open to specified educational institutions, Virginia-based federal research laboratories, nuclear-related nonprofit organizations, business entities with operating facilities in Virginia that are engaged in activities directly related to the nuclear energy industry, and other persons whose membership is approved by the Consortium's board of directors. The purposes of the Consortium include carrying out the rights, powers, and duties of the Authority and conducting other activities useful in (i) making the Commonwealth a leader in nuclear energy, (ii) serving as an interdisciplinary study, research, and information resource for the Commonwealth on nuclear energy issues, and (iii) raising money on behalf of the Authority in the corporate and nonprofit community and from other nonstate sources.

A BILL to amend the Code of Virginia by adding in Title 67 a chapter numbered 14, consisting of sections numbered 67-1400 through 67-1406, relating to the Virginia Nuclear Energy Consortium.

13103526D

S.B. 1141 Virginia Petroleum Products Franchise Act; franchises in Planning District 8.

Patron: McDougle

Virginia Petroleum Products Franchise Act; franchises in Planning District 8. Exempts a third party that purchases a motor fuel franchise located in Planning District 8 from the divorcement requirement if the acquiring third party, its successors, assigns, affiliates, and subsidiaries are not refiners. The divorcement requirement prohibits a refiner of petroleum products from operating a retail motor fuel outlet within one and one-half miles of a retail outlet operated by a franchised dealer. The existing provision that makes the divorcement clause applicable only to a franchised location sold or assigned on or after January 1, 2008, is removed.

A BILL to amend and reenact § 59.1-21.15:1 of the Code of Virginia, relating to the Virginia Petroleum Products Franchise Act; continued rights of certain dealers.

13101975D

S.B. 1199 Workers' compensation; injuries to public safety officers.

Patron: Saslaw

Workers' compensation; injuries to public safety officers. Provides that a public safety officer who is injured in the course of his employment while on duty on a public or private street or highway in the Commonwealth is not required to prove that the nature of his employment exposed him to a special, additional, peculiar, or particular risk of injury to which a member of the public is not generally subject. The measure further provides that such an injured employee is not required to prove a causal connection between the conditions under which his employment was required to be performed and the resulting injury.

BILL to amend the Code of Virginia by adding a section numbered 65.2-301.1, relating to the Virginia Workers' Compensation Act; injuries to public safety officers arising out of employment.

13100408D

S.B. 1230 Unemployment compensation; establishes short-time compensation program, report.

Patrons: Barker, Stanley

Unemployment compensation; short-time compensation program. Establishes a short-time compensation program that provides employers with the option of reducing the hours worked by employees, while permitting the employees whose hours are reduced to receive partial compensation for lost wages. Program participation requires Virginia Employment Commission approval of a plan, which must provide that the reduction in hours of work is in lieu of a layoff of an equivalent percentage of employees and that employees' health and retirement benefits cannot be reduced or eliminated under the plan. The measure requires the Commission to submit reports on the program's implementation and accomplishments, with recommendations to improve its effectiveness.

A BILL to amend the Code of Virginia by adding in Title 60.2 a chapter numbered 7, consisting of sections numbered 60.2-700 through 60.2-710, relating to unemployment compensation; short-time compensation program; reports.

13103437D

S.B. 1243 Health maintenance organizations; required too provide coverage for newborn children.

Patron: Colgan

Coverage for newborns; health maintenance organizations. Requires health care plans provided by a health maintenance organization to provide coverage for newborn children. The same requirement currently exists for health insurance policies and subscription contracts with family coverage.

A BILL to amend and reenact §§ 38.2-3411 and 38.2-4319, as it is currently effective and as it shall become effective, of the Code of Virginia, relating to health care plans' coverage of newborn children.

13101062D

S.B. 1259 Electric utilities; renewable energy portfolio standard program, eligible energy.

Patron: Edwards

Renewable energy portfolio standard program; eligible energy. Requires that, in order to be counted toward meeting the RPS Goals of the renewable energy portfolio standard program, renewable energy that is purchased by a participating utility be acquired under an agreement that transfers both ownership of the energy generated and the ownership of its renewable attributes. The measure also continues to allow renewable energy generated by a Virginia public utility to be counted toward meeting the RPS Goals when it is from a facility in which the public utility owns at least a 49 percent interest, but adds the condition that the facility be located in the Commonwealth, in the interconnection region of the regional transmission entity of which the participating utility is a member, or in a control area adjacent to such interconnection region. Renewable energy represented by renewable energy certificates will continue to be eligible to be counted toward meeting the RPS Goals.

A BILL to amend and reenact § 56-585.2 of the Code of Virginia, relating to electric utilities; renewable energy portfolio standard program.

13103434D

S.B. 1261 Health benefit exchange; regulation of navigators.

Patron: Puckett

Health benefit exchange; regulation of navigators. Establishes requirements for persons that serve as navigators in any health benefit exchange established for the Commonwealth. Navigators are required by the federal Affordable Care Act to perform certain functions relating to the operation of an exchange, including informing individuals and small employers about the availability of qualified health plans, facilitating enrollment of qualified individuals into health plans, and performing outreach and education efforts. This measure requires that an individual or entity obtain a license from the State Corporation Commission prior to acting as a navigator. A navigator is prohibited from engaging in activities that would require an insurance agent or producer license under this title; from providing advice concerning the benefits, terms, and features of a particular health plan or offering advice about which health plan is better or worse for a particular individual or employer; from making recommendations concerning the substantive benefits, terms, or conditions of health plans; or from enrolling an individual or employee in a qualified health plan offered through an exchange. The Commission is required to establish a certification and training program that includes initial and continuing education requirements and an examination and to adopt rules, to the extent permitted by the Affordable Care Act, that require a navigator to carry and maintain errors and omissions insurance. Navigators are required to obtain a surety bond or provide evidence of financial responsibility.

A BILL to amend the Code of Virginia by adding in Chapter 34 of Title 38.2 an article numbered 7, consisting of sections numbered 38.2-3447 through 38.2-3454, relating to accident and sickness insurance; health benefit exchange navigators.

13101711D

S.B. 1269 Renewable energy; amends existing portfolio standard program.

Patron: McEachin

Renewable energy portfolio standard program. Amends the existing renewable energy portfolio standard program to require that for calendar years 2016 through 2025 a utility shall apply (i) only renewable energy generated or purchased in Virginia, off its coast, or represented by a renewable energy certificate from eligible sources in Virginia or off its coast and (ii) renewable energy sales or renewable energy certificates from electric energy derived from any combination of sunlight, onshore wind, offshore wind, wave motion, tides, or geothermal power to meet at least 40 percent of the sales requirement for the RPS Goal in that year. The measure also eliminates provisions that give double or triple credit toward meeting the RPS Goals for energy from specified sources of energy.

A BILL to amend and reenact § 56-585.2 of the Code of Virginia, relating to the renewable energy portfolio standard program.

13100911D

S.B. 1274 Tanning facilities; age limit, parental consent.

Patron: Barker

Tanning facilities; age limit; parental consent. Prohibits minors younger than 15 years of age from using tanning devices at tanning facilities. The measure also prohibits unemancipated minors age 15, 16, or 17 years from using tanning devices at tanning facilities unless a parent or legal guardian has consented in writing. Currently, the parent or legal guardian of a prospective customer younger than 15 years of age is required to sign a written warning statement.

A BILL to amend and reenact §§ 59.1-310.3 and 59.1-310.5 of the Code of Virginia, relating to the operation of tanning facilities; access by minors.

13103424D

S.B. 1292 Human trafficking hotline; posted notices.

Patron: Obenshain

Human trafficking hotline; posted notices. Provides that any employer who operates a truck stop and who fails to post a specific notice in a clearly visible place on the premises thereof is subject to a $500 civil penalty. The measure expands a provision enacted in 2012 that imposed the requirement on businesses that provide entertainment commonly called stripteasing or topless entertainment. The measure also clarifies that the civil penalties are to be assessed by the Department of Labor and Industry.

A BILL to amend and reenact § 40.1-11.3 of the Code of Virginia, relating to human trafficking; notices by employers; truck stops.

13103894D

S.B. 1295 Enterprise zones; permits locality to apply for status based on distress factors in area.

Patron: Blevins

Enterprise zones; criteria. Permits a locality to apply for enterprise zone status based on distress factors in the area of the proposed enterprise zone, rather than in the entire locality.

A BILL to amend and reenact § 59.1-545 of the Code of Virginia, relating to enterprise zones.

13103839D

S.B. 1339 Electric utility ratemaking; revises certain incentives & other provisions applicable.

Patron: Saslaw

Electric utility ratemaking. Revises certain incentives and other provisions applicable to investor-owned electric utilities under the 2007 re-regulation legislation. The measure (i) eliminates the 50 basis point performance incentive that has been available to utilities that attain the renewable energy portfolio standard goals; (ii) replaces the provision that has authorized the State Corporation Commission (SCC) to adopt a performance incentive that may increase or decrease a utility's combined rate of return by up to 100 basis points, based on a comparison of the utility's generating plant performance, customer service, and operating efficiency with nationally recognized standards, with a provision that authorizes the SCC to increase or decrease the utility's combined rate of return consistent with its precedent for incumbent electric utilities prior to the 2007 re-regulation legislation; (iii) increases the threshold for determining whether the utility's earned combined rate of return on common equity is excessive or insufficient, for test periods commencing after December 31, 2012, from 50 basis points above or below the return determined by the SCC to 70 basis points above or below such return; (iv) eliminates the provision that requires the SCC, when it determines that rates should be revised or credits applied to customers' bills, to combine a rate adjustment clause previously implemented to recover transmission-related costs with the utility's costs, revenues, and investments until the amounts that are the subject of the rate adjustment clause are fully recovered; (v) eliminates the provision that authorizes the SCC to include in a rate adjustment clause for environmental costs the enhanced rate of return on common equity that is provided for new generation facilities if the environmental costs reduce the need for constructing new generation facilities by enabling the continued operation of existing generation facilities; (vi) requires a utility seeking approval to construct a generating facility to demonstrate that it has considered and weighed alternative options, including third-party market alternatives, in its selection process; (vii) eliminates the authorization for a utility to earn an enhanced rate of return on the costs of a new generation facility during the first portion of its service life if the facility does not utilize nuclear power or offshore wind, unless the SCC has approved a rate adjustment clause for the facility by July 1, 2013, or the utility filed a petition therefor on or before January 1, 2013; (viii) reduces the potential enhanced rate of return on the costs of a new generation facility utilizing nuclear power or offshore wind from 200 to 100 basis points; (ix) requires certain costs related to early retirement of generation plants, severe weather events, and natural disasters to be deemed to have been recovered through customer rates during the test period under review unless doing so would place the utility in an under-earning position, in which event the SCC is required to authorize deferred recovery of such costs and allow the utility to amortize and recover the deferred costs over future periods; and (x) directs that the fair combined rate of return on common equity determined by the SCC in a biennial rate review shall apply to the entire two successive 12-month test periods ending December 31 immediately preceding the year of the utility's subsequent biennial review filing for purposes of reviewing the utility's earnings on its rates for generation and distribution services.

A BILL to amend and reenact §§ 56-585.1 and 56-585.2 of the Code of Virginia, relating to the regulation of investor-owned electric utilities.

13103792D

S.B. 1357 Unemployment benefits; eligibility of graduate student benefits based on summer employment.

Patron: Norment

Eligibility of graduate students for unemployment benefits. Disqualifies a graduate student from receiving unemployment compensation benefits based on services performed as a student summer employee during a summer break period, if the individual was notified in writing at the time of his hiring that his employment is only for the summer break period.

A BILL to amend the Code of Virginia by adding a section numbered 60.2-616.1, relating to unemployment compensation benefits for graduate students employed for a fixed period.

13103945D

S.B. 1366 Electric utility regulation; schedule for biennial reviews, authority to petition.

Patron: Puckett

Electric utility regulation; schedule for biennial reviews; authority to petition for rate increase. Requires Appalachian Power, referred to as a Phase I utility, to delay the filing of its next biennial review from March 31, 2013, until March 31, 2014, upon giving the State Corporation Commission 30 days' notice. Such a utility is (i) prohibited from deferring on its books for future recovery certain costs incurred during calendar year 2011 and (ii) required to file subsequent biennial filings by March 31, 2016, and every two years thereafter. The bill also provides that if the combined rate of return on common equity earned by generation and distribution services for the two successive 12-month test periods ending December 31, 2013, is no more than 50 basis points above or below the return determined for this utility, the combined return shall not be considered either excessive or insufficient, respectively. In addition, the measure provides that for any test period commencing after December 31, 2012, for Dominion, referred to as a Phase II Utility, and after December 31, 2013, for Appalachian Power, if the utility has, during the test period or periods under review, earned below the return determined for the utility, whether or not such combined return is within 70 basis points of the return as so determined, the utility may petition the State Corporation Commission for approval of an increase in rates as if it had earned more than 70 basis points below a fair combined rate of return. The bill states that an emergency exists and that the bill is in force from its passage.

A BILL to amend and reenact § 56-585.1 of the Code of Virginia, relating to electric utility rates; biennial review schedule; rate of return collar.

13104134D

EMERGENCY