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2017 SESSION

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Senate Committee on Commerce and Labor

Chairman: Frank W. Wagner

Clerk: John Garrett, Alex Elwood
Staff: Frank Munyan
Date of Meeting: February 13, 2017
Time and Place: 15 minutes after Adjournment Senate Room B

H.B. 1394 Franchisees; status thereof and its employees as employees of the franchisor.

Patron: Head

Employees; franchisees excluded. Clarifies that neither a franchisee nor any employee of the franchisee shall be deemed to be an employee of the franchisee's franchisor for any purpose to which the amended section of the Code of Virginia applies, notwithstanding any voluntary agreement between the U.S. Department of Labor and the franchisee or franchisor.

A BILL to amend and reenact § 40.1-2 of the Code of Virginia, relating to the status of a franchisee and its employees as employees of the franchisor.

17100054D

H.B. 1450 Health insurer/health maintenance organization; response to notice from pharmacy's intermediary.

Patron: Ware

Pharmacy freedom of choice. Provides that if a pharmacy has provided notice through an intermediary of its agreement to accept reimbursements at rates applicable to preferred providers, the insurer or its intermediary may elect to respond directly to the pharmacy instead of the intermediary. The measure does not require a carrier to contract with a pharmacy's intermediary and does not prohibit an insurer or its intermediary from contracting with or disclosing confidential information to a pharmacy's intermediary.

A BILL to amend and reenact §§ 38.2-3407.7 and 38.2-4312.1 of the Code of Virginia, relating to pharmacy freedom of choice; pharmacy's intermediary.

17103648D

H.B. 1471 Reinsurance credits.

Patron: Ware

Reinsurance credits. Authorizes the State Corporation Commission to adopt regulations specifying additional requirements relating to or setting forth the valuation of assets or reserve credits, the amount and forms of security supporting certain reinsurance arrangements, and the circumstances pursuant to which credit will be reduced or eliminated. The measure adopts revisions to the Credit for Reinsurance Model Law adopted by the National Association of Insurance Commissioners. The revisions adjust the reinsurance collateral requirements for certified reinsurers.

A BILL to amend and reenact §§ 38.2-1316.1, 38.2-1316.2, 38.2-1316.4, and 38.2-1316.7 of the Code of Virginia, relating to credits allowed for reinsurance.

17101533D

H.B. 1532 Fire Programs Fund.

Patron: Wright

Fire Programs Fund. Increases the share of certain moneys in the Fund to be allocated to localities for the improvement of volunteer and career fire services from 75 percent to 80 percent. The measure has a delayed effective date of January 1, 2018.

A BILL to amend and reenact § 38.2-401 of the Code of Virginia, relating to the Fire Programs Fund; rate of assessment; allocations.

17102058D

H.B. 1542 Home service contract providers; shifts responsibility for regulating to Commissioner of the DACS.

Patron: Kilgore

Home service contract providers. Shifts responsibility for regulating home service contract providers from the State Corporation Commission to the Commissioner of the Department of Agriculture and Consumer Services. The measure provides that home service contracts are not contracts of insurance and are not subject to regulation under the Commonwealth's insurance laws. Home service contracts are agreements to perform the service repair, replacement, or maintenance, or indemnification therefor, with regard to components, parts, appliances, or systems of a residential home property. Providers of such contracts are required to register with the Commissioner, which registration shall not require filing of forms or rate information. Providers are required to maintain a funded reserve account for their obligations under the contracts that is not less than 40 percent of gross consideration received, less claims paid, on the sale of the home service contract for all in-force home service contracts sold in the Commonwealth. Providers are also required to file a bond with the Commissioner. In lieu of the requirements for a reserve account and bond, a provider may demonstrate financial responsibility by filing a copy of a liability insurance policy that covers 100 percent of the provider's home service contract liabilities. The measure includes provisions addressing the adoption of regulations, investigations, production of records, and penalties for violations that are similar to the existing provisions applicable to extended service contract providers. Providers with a net worth in excess of $100 million are exempt from the provisions of the measure. Certain maintenance and service agreements are exempted. The measure includes a minimum tax provision that requires such entities to pay income tax at a level that provides the same revenue as is currently paid in gross premium tax. The measure has a delayed effective date of January 1, 2018.

A BILL to amend and reenact §§ 38.2-100, 38.2-2600, 38.2-2601, 38.2-2602, 38.2-2604, 38.2-2605, 38.2-2613, 38.2-2615, 59.1-200, and 59.1-436 of the Code of Virginia; to amend the Code of Virginia by adding a section numbered 58.1-400.4 and by adding in Title 59.1 a chapter numbered 33.1, consisting of sections numbered 59.1-434.1 through 59.1-434.8; and to repeal Article 2 (§§ 38.2-2617 through 38.2-2627) of Chapter 26 of Title 38.2 of the Code of Virginia, relating to the regulation of home service contract providers; penalties.

17104686D

H.B. 1571 Workers' compensation; fees for medical services.

Patron: Farrell

Workers' compensation; fees for medical services. Provides that the pecuniary liability of an employer for a medical service provided for the treatment of a traumatic injury or serious burn includes liability for any professional service rendered during the dates of service of the admission or transfer to a Level I or Level II trauma center or to a burn center, as applicable. The measure increases the initial charge outlier threshold, which under the stop-loss feature allows hospitals to receive payments or reimbursements that exceed the fee schedule amount for certain claims, from 150 percent of the maximum fee for the service set forth in the applicable fee schedule to 300 percent of such amount. The measure allows the Workers' Compensation Commission to adjust the charge outlier threshold percentage; under existing law, it is allowed only to decrease the percentage. The measure also (i) expands the definition of codes, as used in the provision directing the Commission to establish fee schedules for scheduled medical services, to include revenue codes, which are defined in the bill; (ii) clarifies the definition of "HCPCS codes"; (iii) directs the Commission to use the regulatory advisory panel on all matters involving or related to the fee schedule as deemed necessary by the Commission; (iv) adds a definition of "new type of technology;" and (v) extends the deadline by which the regulatory advisory panel is required to meet, review, and make recommendations to the Commission from July 1, 2017, to July 1, 2018. The bill contains an emergency clause.

A BILL to amend and reenact § 65.2-605 of the Code of Virginia and to amend and reenact the fourth enactments of Chapters 279 and 290 of the Acts of Assembly of 2016, relating to workers' compensation; fees for medical services.

17102180D

EMERGENCY

H.B. 1656 Health insurance; proton radiation therapy coverage decisions.

Patron: Yancey

Health insurance; proton radiation therapy coverage decisions. Prohibits health insurance policies and plans from holding proton radiation therapy to a higher standard of clinical evidence for benefit coverage decisions than is applied for other types of radiation therapy treatment. The measure applies to policies and plans that provide coverage for cancer therapy.

A BILL to amend the Code of Virginia by adding a section numbered 38.2-3407.14:1, relating to health insurance; proton radiation therapy; standard of clinical evidence for benefit coverage decisions.

17100395D

H.B. 1659 Workers' compensation; employer's lien, third party actions.

Patron: Habeeb

Workers' compensation; employer's lien; third party actions. Requires any arbitration held by the employer in the exercise of such right of subrogation shall be limited solely to arbitrating the amount and validity of the employer's lien and shall not affect the employee's rights in any way. Arbitration shall not be held unless (i) any contested expenses remaining have been submitted to the Virginia Workers' Compensation Commission (the Commission) for a determination of their validity and the Commission has made such determination of validity prior to the commencement of the arbitration; (ii) prior to the commencement of such arbitration the employer has provided the injured employee and his attorney, if any, with an itemization of the expenses associated with the lien that is the subject of the arbitration; (iii) upon receipt of the itemization of the lien, the employee shall have 21 days to provide a written objection to any expenses included in the lien to the employer, and if the employee does not do so any objections to the lien to be arbitrated shall be deemed waived; and (iv) the employer shall have 14 days after receipt of the written objection to notify the employee of any contested expenses that the employer does not agree to remove from the lien, and if the employer does not do so any itemized expense objected to by the employee shall be deemed withdrawn and not included in the arbitration.

A BILL to amend and reenact § 65.2-309 of the Code of Virginia, relating to workers' compensation; lien of employer; notice and approval.

17104456D

H.B. 1671 Natural gas utilities; qualified projects, investments in eligible infrastructure.

Patron: Morefield

Qualified projects of natural gas utilities. Exempts any natural gas utility serving fewer than 2,000 residential customers and fewer than 350 commercial and industrial customers in the year in which the utility makes an investment for qualifying projects from the provision that limits the amount of investment that a natural gas utility may make in qualifying projects to one percent of its net plant investment that was used in establishing base rates in its most recent rate case. The measure applies only to projects in the located in the coalfield region of Virginia. The existing exemption to the one percent cap was enacted in 2013 and applies to any natural gas utility serving fewer than 1,000 residential customers and fewer than 250 commercial and industrial customers in such year. Legislation enacted in 2012 established a mechanism for natural gas utilities to recover the eligible infrastructure development costs of a qualifying project through future rates. A qualifying project is an economic development project for which, among other things, the utility has received a binding commitment from the developer or occupant of the proposed project regarding capacity or a financial guaranty from the developer or state or local government in the amount of at least 50 percent of the estimated investment to be made in the proposed project.

A BILL to amend and reenact § 56-607 of the Code of Virginia, relating to qualified projects of natural gas utilities; investments in eligible infrastructure.

17102752D

H.B. 1719 Wireless E-911 Fund; distribution percentages.

Patron: Anderson

Wireless E-911 Fund; distribution percentages. Postpones from July 1, 2017, to July 1, 2018, the date by which the Department of Taxation is required to conduct its first recalculation of the percentage of funds in the Wireless E-911 Fund that is required to be distributed to each public safety answering point (PSAP). The recalculation is required to be based on the cost and call load data of each PSAP for the previous five fiscal years.

A BILL to amend and reenact § 56-484.17 of the Code of Virginia, relating to the Wireless E-911 Fund; distribution percentages.

17102186D

H.B. 1754 Securities Act; regulation of federal covered securities.

Patron: Davis

Securities Act; regulation of federal covered securities. Authorizes the State Corporation Commission (SCC) to require the issuer of a security that is a federal covered security under federal crowdfunding rules to file a notice and consent to service of process when (i) the principal place of business of the issuer is in the Commonwealth or (ii) purchasers of 50 percent or more of the securities sold by the issuer pursuant to an offering made in reliance on such rule are residents of the Commonwealth. The measure allows the SCC to assess a filing fee not to exceed $100 in connection with such a filing.

A BILL to amend and reenact § 13.1-523.1 of the Code of Virginia, relating to the regulation of federal covered securities.

17101536D

H.B. 1766 Utility Facilities Act; associated facilities of an electrical transmission line.

Patron: Habeeb

Utility Facilities Act; associated facilities of an electrical transmission line. Provides that the issuance by the State Corporation Commission of a certificate of public convenience and necessity for construction of an electrical transmission line of 138 kilovolts and any associated facilities shall be deemed to satisfy local comprehensive plan requirements and all local zoning ordinances with respect to the transmission line and associated facilities. The measure defines "associated facilities" as including any station, substation, transition station, and switchyard facilities to be constructed in association with the 138 kilovolt transmission line.

A BILL to amend and reenact § 56-265.2 of the Code of Virginia, relating to State Corporation Commission approval of utility facilities.

17101914D

H.B. 1825 Ticket Resale Rights Act; limitations on reselling tickets on Internet ticketing platform, penalty.

Patron: Albo

Rights to resell tickets; civil penalty. Prohibits any person that issues tickets for admission to a professional concert, professional sporting event, or professional theatrical production, open to the public for which tickets are ordinarily sold, from issuing the ticket solely through a delivery method that substantially prevents the ticket purchaser from lawfully reselling the ticket on the Internet ticketing platform of the ticket purchaser's choice. The measure also prohibits a person from being discriminated against or denied admission to an event solely on the basis that the person resold a ticket, or purchased a resold ticket, on a specific Internet ticketing platform. A person violating these prohibitions is subject to a civil penalty of not less than $1,000 nor more than $5,000.

A BILL to amend the Code of Virginia by adding in Title 59.1 a chapter numbered 38.2, consisting of sections numbered 59.1-466.5, 59.1-466.6, and 59.1-466.7, relating to limitations on reselling tickets on an Internet ticketing platform; civil penalty.

17104874D

H.B. 1832 Negotiable instruments; statute of limitations.

Patron: Kilgore

Negotiable instruments; statute of limitations. Provides that the provisions of the Uniform Commercial Code establishing a six-year limitations period on actions to enforce the obligation of a party to pay the instrument apply to negotiable and non-negotiable certificates of deposit.

A BILL to amend and reenact §§ 8.3A-118 and 8.3A-118.1 of the Code of Virginia, relating to negotiable instruments; statute of limitations; certificates of deposit.

17101944D

H.B. 1835 Decedent's life insurance policy; funeral service provider allowed to request, etc.

Patron: Orrock

Information about a decedent's life insurance policy. Allows a funeral service provider to request, and allows a life insurer to provide, information about a deceased person's life insurance policy, including the name and contact information of any beneficiaries of record. The measure does not require a life insurer to provide information that is confidential or protected. The bill requires a funeral service provider to whom such information is provided to make all reasonable efforts to contact all beneficiaries of record, if the beneficiary is not the decedent's estate, within 100 hours of receiving such information and provide to the beneficiaries all information provided to the funeral service provider by the insurance carrier. The bill also requires the funeral service provider to inform the beneficiaries that the beneficiary of a life insurance policy has no legal duty or obligation to pay any amounts associated with the provision of funeral services or the debts or obligations of the deceased.

A BILL to amend the Code of Virginia by adding in Article 1 of Chapter 31 of Title 38.2 a section numbered 38.2-3117.01 and by adding in Article 3 of Chapter 28 of Title 54.1 a section numbered 54.1-2818.5, relating to information about a decedent's life insurance policy.

17105076D

H.B. 1883 Occupational health and safety laws; increases maximum amount of civil penalties.

Patron: Kilgore

Occupational health and safety laws; amount of civil penalties. Increases the maximum amount of civil penalties that may be assessed by the Commissioner of Labor and Industry for certain violations of occupational safety and health laws from $7,000 to $12,471 and for willful or repeated violations of such laws from $70,000 to $124,709. The measure also requires the Commissioner to increase the maximum civil penalty amounts annually, starting in 2018, by an amount that reflects the percentage increase, if any, in the consumer price index from the previous calendar year.

A BILL to amend and reenact § 40.1-49.4 of the Code of Virginia, relating to enforcement of occupational safety and health laws; civil penalties.

17102979D

H.B. 2037 Health insurance; calculation of cost-sharing provisions.

Patron: Miller

Health insurance; calculation of cost-sharing provisions. Provides that when there is no amount actually paid or payable by a health insurer, health services plan, or health maintenance organization to a provider for the services provided, the insurer, health services plan, or health maintenance organization shall use such insurer's, health services plan's, or health maintenance organization's pre-established allowed amount to calculate the amount payable by the insured for such services.

A BILL to amend and reenact § 38.2-3407.3 of the Code of Virginia, relating to health insurance; calculation of cost-sharing provisions.

17102378D

H.B. 2053 Direct primary care agreements; the Commonwealth's insurance laws do not apply.

Patron: Landes

Direct primary care agreements. Provides that direct agreement between a patient, the patient's legal representative, or the patient's employer and a health care provider for ongoing primary care services in exchange for the payment of a monthly periodic fee is not health insurance or a health maintenance organization, if patients are not required to pay monthly periodic fees prior to initiation of the direct agreement coverage period. The measure also provides that a health care provider who participates in a direct primary care practice may participate in a health insurance carrier network so long as the provider is willing and able to meet the terms and conditions of network membership set by the health insurance carrier.

A BILL to amend the Code of Virginia by adding in Chapter 29 of Title 54.1 an article numbered 10, consisting of a section numbered 54.1-2997, relating to direct primary care agreements.

17105005D

H.B. 2102 Insurance regulation; corporate governance annual disclosures.

Patron: Byron

Insurance regulation; corporate governance annual disclosures. Requires each insurer domiciled in the Commonwealth, or the insurance group of which the insurer is a member, to submit to the State Corporation Commission (SCC) a Corporate Governance Annual Disclosure (CGAD). The CGAD is a confidential report containing material information related to an insurer or insurance group's internal operations that permits the SCC to gain an understanding of the insurer's or insurance group's corporate governance structure, policies, and practices,. The measure sets out requirements for completing and submitting a CGAD with the SCC and provides for the confidential treatment of the CGAD and related information. The measure has a delayed effective date of January 1, 2018.

A BILL to amend and reenact §§ 38.2-1005.1:7, 38.2-1339, 38.2-1342, and 38.2-4319 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 13 of Title 38.2 an article numbered 5.2, consisting of sections numbered 38.2-1334.11 through 38.2-1334.17, relating to the regulation of insurers; corporate governance annual disclosures.

17101534D

H.B. 2106 Workforce Development, Virginia Board of; revises composition of Board.

Patron: Byron

Virginia Board of Workforce Development. Revises the composition of the Virginia Board of Workforce Development (Board) to conform to requirements of the federal Workforce Innovation and Opportunity Act (WIOA). One member shall be a representative of a private career college. The measure also (i) specifies that funding for a full-time Executive Director position shall be provided by Title I of the WIOA and (ii) replaces a requirement that industry credentials that align with high-demand occupations shall include the Career Readiness Certificate with the requirement that such industry credentials include a credential that determines career readiness. The measure shall not become effective if prior to July 1, 2017, the U.S. Department of Labor grants a waiver of the State Board membership composition requirements under the federal Workforce Innovation and Opportunity Act that permits the Board to continue with its current composition.

A BILL to amend and reenact §§ 2.2-2471, 2.2-2471.1, and 2.2-2472 of the Code of Virginia, relating to the Virginia Board of Workforce Development.

17102049D

H.B. 2107 Health Insurance Reform Commission; assessment sent to Bureau of Insurance.

Patron: Byron

Health Insurance Reform Commission; Bureau of Insurance assessment. Provides that the Chairman of the standing committee requesting the Health Insurance Reform Commission (the Commission) to assess a proposed mandated health insurance benefit or provider shall send a copy of such request to the Bureau of Insurance of the State Corporation Commission (the Bureau). The bill requires the Bureau to prepare an analysis of the proposed mandate upon receipt of the copy of the request. Current law requires the Commission to request the Bureau to prepare such assessment. The bill repeals the July 1, 2017, sunset provision for the Health Insurance Reform Commission.

A BILL to amend and reenact § 30-343 of the Code of Virginia and to repeal § 30-346 of the Code of Virginia, related to the Health Insurance Reform Commission; Bureau of Insurance assessment; sunset provision.

17103249D

H.B. 2108 Virginia Wireless Services Authority Act; rates and charges.

Patron: Byron

Virginia Wireless Services Authority Act; rates and charges. Provides that a wireless services authority may fix rates, fees, and charges for services provide, or facilities owned, operated, or maintained by the authority, for which the authority has received loan funding. Currently, an authority may do so only if it has issued revenue bonds. A similar change authorizes rates to be set at levels to provide for payment of loans. The measure also requires each authority to maintain records demonstrating compliance with certain provisions and to make the records available for inspection and copying by the public pursuant to the Virginia Freedom of Information Act, notwithstanding any exemption in that Act or in the Virginia Wireless Services Authority Act.

A BILL to amend and reenact § 15.2-5431.25 of the Code of Virginia, relating to the Virginia Wireless Services Authority Act; rates and charges.

17105141D

H.B. 2111 State Corporation Commission; charges for copies.

Patron: Keam

State Corporation Commission; charges for copies. Clarifies that the State Corporation Commission (Commission) may absorb some or all of the convenience fees paid by users of a Commission online filing system. The measure also grants the Commission the discretion not to charge a fee for providing certain copies.

A BILL to amend and reenact §§ 12.1-17, 12.1-21.1, and 12.1-21.2 of the Code of Virginia, relating to the State Corporation Commission; charges for copies.

17101553D

H.B. 2230 Stock corporations; shareholders' meetings.

Patron: Cline

Stock corporations; shareholders' meetings. Authorizes the board of directors of a stock corporation to determine that any meeting of shareholders not be held at any place and instead be held by means of remote communication, if the articles of incorporation or bylaws do not require the meeting to be held at a place. The measure also limits the provision that currently authorizes the holders of at least 20 percent of the votes entitled to be cast on an issue to call a special meeting of shareholders of a corporation that has 35 or fewer shareholders by requiring that the corporation not be a public corporation.

A BILL to amend and reenact §§ 13.1-654, 13.1-655, 13.1-658, 13.1-660.2, and 13.1-661 of the Code of Virginia, relating to stock corporations; meetings of shareholders.

17102045D

H.B. 2233 Health benefits; sale of plans offered by foreign health insurers.

Patron: Cline

Health benefit plans offered by foreign health insurers. Authorizes any foreign health insurer to sell individual or group health benefit plans in the Commonwealth if it is approved to sell such plans in the foreign health insurer's domiciliary state. The measure establishes requirements applicable to such benefit plans, including provisions for registration, disclosure, marketing, and financial condition. The measure has a delayed effective date of July 1, 2018.

A BILL to amend and reenact § 38.2-1802 of the Code of Virginia and to amend the Code of Virginia by adding in Title 38.2 a chapter numbered 64, consisting of sections numbered 38.2-6400 through 38.2-6407, relating to sales of health benefit plans from persons licensed to sell such plans in other states.

17104837D

H.B. 2267 Health benefit plans; coverage for hormonal contraceptives.

Patron: Filler-Corn

Health benefit plans; coverage for hormonal contraceptives. Requires any health benefit plan that is amended, renewed, or delivered on or after January 1, 2018, that provides coverage for hormonal contraceptives to cover up to a 12-month supply of hormonal contraceptives when dispensed or furnished at one time for a covered person or at a location licensed or otherwise authorized to dispense drugs or supplies. Such a plan is prohibited, in the absence of clinical contraindications, from imposing utilization controls or other forms of medical management limiting the supply of hormonal contraceptives that may be dispensed or furnished by a provider or pharmacy, or at a location licensed or otherwise authorized to dispense drugs or supplies, to an amount that is less than a 12-month supply. The measure does not require a provider to prescribe, furnish, or dispense 12 months of self-administered hormonal contraceptives at one time. The measure also provides that it shall not be construed to exclude coverage for hormonal contraceptives as prescribed by a provider for reasons other than contraceptive purposes, such as decreasing the risk of ovarian cancer or eliminating symptoms of menopause, or for contraception that is necessary to preserve the life or health of an enrollee.

A BILL to amend and reenact § 2.2-2818.2 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 38.2-3407.5:2 relating to health benefit plans; coverage for hormonal contraceptives.

17105099D

H.B. 2291 Electric utilities; costs of modifications to nuclear generation facilities.

Patron: Kilgore

Electric utilities; costs of modifications to nuclear generation facilities. Authorizes an investor-owned electric utility to petition the State Corporation Commission for approval of a rate adjustment clause for recovery of the costs of a system or equipment upgrade, system or equipment replacement, or other cost reasonably appropriate to extend the combined operating license for, or the operating life of, nuclear generation facilities. The measure limits the scope of the requirement that a utility demonstrate that it has considered and weighed alternative options, including third-party market alternatives, in its selection process to certain new generation facilities. The measure provides that a utility's costs incurred in extending the combined operating license for, or the operating life of, a nuclear generation facility, which costs are prudently incurred prior to the Commission's entry of a final order on the petition, shall be deferred on the books and records of the utility until the later of the entry of a final order in the proceeding or until the implementation of any applicable approved rate adjustment clauses.

A BILL to amend and reenact § 56-585.1 of the Code of Virginia, relating to electric utility regulation; recovering costs of modifications to nuclear power generation facilities.

17103327D

H.B. 2303 Small agricultural generators; establishes parameters of a program.

Patron: Minchew

Small agricultural generators. Establishes the parameters of a program under which small agricultural generators may sell the electricity generated from a small agricultural generating facility to its utility. Effective July 1, 2019, enrollment by eligible agricultural customer-generators in an existing net energy metering program conducted by an electric cooperative will cease, though a cooperative's customers who were participating as eligible agricultural customer-generators before that date are allowed to remain in the net metering program for not more than 25 years. A small agricultural generator is defined in this measure as a customer who operates an electrical generating facility as part of an agricultural business, which generating facility, among other conditions, has a capacity of not more than 1.5 megawatts, uses renewable energy as its total source of fuel, has a capacity that does not exceed 150 percent of the customer's expected annual energy consumption based on the previous 12 months of billing history, uses not more than 25 percent of contiguous land owned or controlled by the agricultural business for purposes of the renewable energy generating facility, and is a PURPA qualifying small power production facility. The program for small agricultural generators requires the generator to enter into a power purchase agreement with its supplier to sell all of the electricity generated at a rate not less than the supplier's State Corporation Commission-approved avoided cost tariff for energy and capacity. The program also provides for utilities to recover distribution service costs and costs incurred to purchase electricity, capacity, and renewable energy certificates from the small agricultural generator through its Renewable Energy Portfolio Standard (RPS) rate adjustment clause if the utility has a Commission-approved RPS plan and rate adjustment clause or, if the utility does not have a Commission-approved RPS rate adjustment clause, then the costs shall be recoverable through the supplier's fuel adjustment clause or through the utility's cost of purchased power. Finally, the measure directs the Commission to conduct a single docketed proceeding to implement the provisions of this measure.

 A BILL to amend and reenact § 56-594 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 56-594.2, relating to small agricultural generators; sale of electric power; net metering.

17104829D

H.B. 2318 Virginia Birth-Related Neurological Injury Compensation Program; removes certain conditions.

Patron: Stolle

Virginia Birth-Related Neurological Injury Compensation Program. Removes from the definition of "birth-related neurological injury" a provision that the definition shall apply retroactively to any child born on and after January 1, 1988, who suffers from an injury to the brain or spinal cord caused by the deprivation of oxygen or mechanical injury occurring in the course of labor, delivery or resuscitation in the immediate postdelivery period in a hospital. The measure includes an enactment clause stating that its provisions are declarative of existing law.

A BILL to amend and reenact § 38.2-5001 of the Code of Virginia, relating to the Virginia Birth-Related Neurological Injury Compensation Program; birth-related neurological injuries.

17105096D

H.B. 2319 National Flood Insurance Program; participation by affected localities, report.

Patron: Miyares

National Flood Insurance Program; participation by localities; report. Requires the Secretary of Natural Resources to issue a report by November 1, 2018, listing any locality not participating in the Community Rating System of the National Flood Insurance Program and recommending any legislation necessary to encourage participation.

A BILL to amend the Code of Virginia by adding in Article 7 of Chapter 2 of Title 2.2 a section numbered 2.2-220.4, relating to National Flood Insurance Program; report.

17103633D

H.B. 2358 Water utilities; suspension of proposed rate increases.

Patron: Ransone

Water utilities; temporary and interim rate increases. Extends the maximum period that the State Corporation Commission is authorized to suspend the implementation of a proposed rate increase rates from 150 to 180 days. The measure applies only to certain investor-owned water utilities.

A BILL to amend and reenact § 56-238 of the Code of Virginia, relating to the suspension of proposed rates increases; water utilities.

17105078D

H.B. 2390 Renewable energy power purchase agreements; expands pilot program.

Patron: Kilgore

Renewable energy power purchase agreements; pilot programs. Expands the pilot program for renewable energy power purchase agreements authorized under legislation enacted in 2013 by directing that a pilot program be conducted by Appalachian Power. Currently, a pilot program is authorized only within Dominion Power's service territory. The measure provides that within the certificated service territory of Appalachian Power, nonprofit, private institutions of higher education that are not being served under a specific renewable generation tariff provision are deemed to be customer-generators eligible to participate in the pilot program, without the requirement that they participate in the utility's net energy metering program. The aggregated capacity of all generation facilities that are subject to third party power purchase agreements in Appalachian Power's pilot program is capped at 7 megawatts.

A BILL to amend and reenact § 1 of the first enactment of Chapters 358 and 382 of the Acts of Assembly of 2013, relating to pilot programs for third party power purchase agreements; institutions of higher education.

17103912D

H.B. 2411 Health insurance; reinstating pre-Affordable Care Act provisions.

Patron: Byron

Health insurance; reinstating pre-Affordable Care Act provisions. Repeals provisions that were added, and restores provisions that were amended or repealed, by the General Assembly since 2011 in efforts to bring the laws of the Commonwealth in conformity with requirements of the federal Patient Protection and Affordable Care Act. The measure will become effective on the later of July 1, 2017, or the effective date of federal legislation repealing the Act.

A BILL to amend and reenact §§ 30-347, 32.1-16, 32.1-137.2, 32.1-137.6, 32.1-137.7, 32.1-137.9, 32.1-137.13 through 32.1-137.16, 32.1-276.9:1, 32.1-352, 38.2-508, 38.2-508.1, 38.2-508.5, 38.2-3406.1, 38.2-3406.2, 38.2-3407.11, 38.2-3407.12, 38.2-3407.14, 38.2-3407.16, 38.2-3407.18, 38.2-3411.1, 38.2-3412.1, 38.2-3414, 38.2-3414.1, 38.2-3417, 38.2-3418.5, 38.2-3418.8, 38.2-3418.9, 38.2-3418.10, 38.2-3418.13 through 38.2-3418.17, 38.2-3430.3, 38.2-3430.6, 38.2-3431, 38.2-3432.1, 38.2-3432.2, 38.2-3432.3, 38.2-3436, 38.2-3500, 38.2-3501, 38.2-3503, 38.2-3520, 38.2-3521.1, 38.2-3522.1, 38.2-3523.4, 38.2-3525, 38.2-3540.2, 38.2-3541, 38.2-3551, 38.2-4109, 38.2-4214, 38.2-4217, 38.2-4229.1, 38.2-4306, 38.2-4310, 38.2-4312.3, 38.2-4319, 38.2-4509, 38.2-5900, and 58.1-2501 of the Code of Virginia; to amend the Code of Virginia by adding sections numbered 38.2-3416.1, 38.2-3433.1, 38.2-3541.3, 38.2-4216.2, and 38.2-5901.1 through 38.2-5901.4; and to repeal §§ 38.2-316.1 and 38.2-326, Articles 6 (§§ 38.2-3438 through 38.2-3454.1) and 7 (§§ 38.2-3455 through 38.2-3460) of Chapter 34 of Title 38.2, and Chapter 35.1 (§§ 38.2-3556 through 38.2-3571) of Title 38.2 of the Code of Virginia, relating to health insurance; reversion of provisions upon the repeal of the federal Patient Protection and Affordable Care Act; health benefit plans; individual and group coverage; market reforms; open enrollment programs; plan management functions; coordination with federal exchange; internal and external review processes; license tax.

17104106D

H.B. 2422 Insurance institution or agent; notice of financial information collection and disclosure practices.

Patron: Hugo

Insurance institutions and agents; notice of financial information collection and disclosure practices. Creates an exemption from the requirement that insurance institutions and agents provide policyholders with an annual notice of financial information collection and disclosure practices in connection with insurance transactions. The exemption applies when the insurance institution or agent provides nonpublic personal information to nonaffiliated third parties only in accordance with § 38.2-613 and has not changed its policies and practices with regard to disclosing nonpublic financial information from the policies and practices that were disclosed in the most recent notice sent to the policyholder.

A BILL to amend and reenact § 38.2-604.1 of the Code of Virginia, relating to notice of financial information collection and disclosure practices.

17104490D