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2018 SPECIAL SESSION I

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(HB5002)

AMENDMENT(S) REJECTED BY THE SENATE

1. SEN. DESTEPH

                                                                                      Item 391 1s

    Public Safety and Homeland Security            FY18-19            FY19-20

      Department of Corrections                      ($71,503)           ($37,400)    GF

                                                              ($420,993)          ($112,200)   NGF

                                                                     -2.00                  -2.00   FTE

    Language:

      Page 392, line 13, strike “$104,025,032” and insert “$103,532,536”.

      Page 392, line 13, strike “$103,632,136” and insert “$103,482,536”.

      Page 394, strike lines 9-17.

       

2. SEN. DESTEPH

                                                                                              Item 390 1s

       

    Public Safety and Homeland Security

      Department of Corrections                                          Language

    Language:

      Page 391, strike lines 47 through 57.

       

3. SEN. DESTEPH

                                                                                          Item 3-5.15 1s

    Adjustments and Modifications to Tax Collections

      Provider Coverage Assessment                                    Language

    Language:

      Page 513, strike line 52.

      Page 514, strike lines 1 through 53.

      Page 515, strike 1 through 51.

       

4. SEN. DESTEPH

                                                                                              Item 4-14 5s

       

      Effective Date                                                                    Language

    Language:

      Page 574, strike lines 13 through 49.

      Page 575, strike lines 1 through 6.

      Page 575, line 7, strike “4” and insert “3”.

      Page 575, line 12, strike “fourth”, insert “third”.

      Page 575, line 13, strike “and third enactments”, insert “enactment”.

       

5. SEN. DESTEPH

                                                                                              Item 303 7s

    Health and Human Resources

      Department of Medical Assistance Services                   Language

    Language:

      Page 306, strike lines 40 through 58.

      Page 307, strike lines 1 through 57.

      Page 308, strike lines 1 through 54.

      Page 309, strike lines 1 through 31.

       

6. SEN. BLACK (WITHDRAWN)

                                                                                              Item 292 2s

    Health and Human Resources

      Department of Health                                                 Language

    Language:

      Page 285, strike line 2, and insert:

        “No funding provided in the Item shall be used to reimburse providers for the insertion and removal of LARCs. The funding shall only be used for the purchase of the LARC device by the Virginia Department of Health and distributed to appropriate health care providers.”

      Page 285, line 5, after “program, strike the remainder of the line.

      Page 285, strike lines 6 through 7.

7. SEN. DESTEPH

                                                                                              Item 120 1s

    Commerce and Trade

      Department of Small Business and Supplier Diversity              Language

    Language:

      Page 107, line 11, after “include”, insert “service disabled veteran businesses and”.

      Page 107, line 12, after “organizations”, insert “, as defined in § 2.2-4310, Code of Virginia,”.

      Page 107, line 34, after “areas”, insert “, veteran-owned”.

       

8. SEN. NEWMAN

                                                                                              Item 303 4s

    Health and Human Resources

      Department of Medical Assistance Services                   Language

    Language:

      Page 309, line 22 after “PPACA”, insert “or the federal financial participation for the existing Medicaid program pursuant to Title XIX of the Social Security Act”.

      Page 309, line 31, strike “Percentage”.

       

9. SEN. NEWMAN

                                                                                              Item 303 5s

    Health and Human Resources

      Department of Medical Assistance Services                   Language

    Language:

      Page 306, after line 56, after Committees.”, insert:

        “The authority for amendments to the State Plan for Medical Assistance under Title XIX of the Social Security Act, in this paragraph, to implement coverage for individuals pursuant to 42 U.S.C. § 1396d(y)(1)[2010] of the Patient Protection and Affordable Care Act shall expire on June 30, 2020, unless the § 1115 demonstration waiver described in this paragraph has been approved by the Centers for Medicare and Medicaid Services and implemented by the Secretary of Health and Human Resources. If no such waiver has been approved then the department shall amend the State Plan for Medical Assistance to eliminate the coverage authorized in this paragraph.”

         

10. SEN. NEWMAN

                                                                                              Item 307 1s

    Health and Human Resources

      Department of Medical Assistance Services                   Language

    Language:

      Page 326, strike lines 42 through 57, and insert:

        “V.1. Annual expenditures for the Medicaid program, based on appropriation in Item 303 of this act, shall be limited to a target growth rate that equals a rolling 20-year average of general fund revenue growth. If the target growth rate is exceeded in any fiscal year to meet the obligations of the Medicaid program, the Department of Medical Assistance Services shall notify the Governor and the Chairmen of the House Appropriations and Senate Finance Committees detailing the reasons why Medicaid spending exceeded the target growth rate for that year. The department shall develop and submit to the General Assembly, within 90 days after the close of the fiscal year, a plan to reduce expenditure growth in the program for the following fiscal year to comply with the target growth rate.

        2. The Governor shall include in his annual budget bill submitted to the General Assembly each year an appropriation for the Medicaid program that does not exceed the target growth rate pursuant to paragraph V.1. in this Item. Furthermore, the Governor shall ensure that his annual budget bill does not include an a general fund appropriation for the Medicaid program greater than 24 percent of the entire general fund budget in any fiscal year.

        3. For fiscal years 2019 and 2020 the target growth rate pursuant to paragraph V.1. shall be adjusted to account for the expansion of coverage pursuant to SS.4.a. in Item 303 of this act.”

         

11. SEN. DUNNAVANT

                                                                                              Item 292 2s

    Health and Human Resources

      Department of Health                                                 Language

    Language:

      Page 285, strike line 2, and insert:

        “No funding provided in the Item shall be used to reimburse providers for the insertion and removal of LARCs. The funding shall only be used for the purchase of the LARC device by the Virginia Department of Health and distributed to appropriate health care providers.”

      Page 285, line 5, after “program, strike the remainder of the line.

      Page 285, strike lines 6 through 7.

       

12. SEN. CARRICO

                                                                                              Item 433 1s

    Transportation

      Secretary of Transportation                                         Language

      Language:

      Page 421, after line 43, insert:

      “K. Notwithstanding any provision of law to the contrary, the provisions of § 2.2-4321.2, Code of Virginia, shall be applicable to transportation infrastructure projects or facilities to be developed pursuant to the Public Private Transportation Act of 1995, as amended. However, § 2.2-4321.2 shall not apply to any projects or facilities to be developed pursuant to the Public Private Transportation Act of 1995, as amended, that (i) improve or construct a limited access roadway that crosses state borders, and (ii) include construction of a new bridge or expansion of an existing bridge.”

       

13. SEN. CARRICO

                                                                                              Item 4-5.04 1s

    Special Conditions and Restrictions on Expenditures

      Good and Services                                                     Language

    Language:

      Page 545, line 12, strike “or state statute”.

       

14. SEN. REEVES

                                                                                                        Item 117 1s

    Commerce and Trade

      Department of Mines, Minerals and Energy                             Language

    Language:

      Page 105, following line 8, insert:

        “D.1. Any owner or operator of solar photovoltaic energy generation facilities and related equipment which seeks state and local property tax exemptions for certified pollution control equipment and facilities pursuant to § 58.1-3660, Code of Virginia, including devices owned or operated by any business that collects, generates, transfers or stores solar energy shall be required to provide to the Department of Mines, Minerals and Energy a Performance and Reclamation Bond of an amount equal to $10,000 per acre of land associated with any solar energy development project, consistent with federal regulations set pursuant to 43 CFR 2809.18(e) for solar energy development projects inside federally designated leasing areas.  If any similar guarantees or instruments are required by local governments or other permitting entities for environmental liabilities, the Commonwealth shall be listed as an additional name insured on the bond instrument.

        2.  The performance and Reclamation Bond for solar energy producers shall be held by the Department and shall serve as a single instrument to cover all costs incurred for preventing or alleviating damage, loss, hardship or suffering caused by a release of cadmium, tellurium, germanium, indium, or associated heavy metals directly related to solar energy production or transmission facilities and for any costs incurred to address:

        i.) environmental liabilities, including hazardous materials liabilities, such as risks associated with hazardous waste and hazardous substances including herbicide use and petroleum-based fluids;  ii.) decommissioning, removal and proper disposal of improvements and facilities; and iii.) reclamation, revegetation, restoration and soil stabilization including potential flood events and downstream sedimentation from the site that may result in off-site impacts.

        3. The Department shall hold any bond, security, irrevocable letter of credit, or policy of insurance for environmental liabilities such as hazardous material damages or releases, reclamation, or other requirement for the project.  The Department shall not accept a corporate guarantee as an acceptable form of bond.

        E. No later than October 1, 2019, the Department, with the assistance of the Virginia Solar Energy Development Authority, shall promulgate regulations requiring all solar energy producers submit Decommissioning and Site Reclamation Plans defining the reclamation, revegetation, restoration and soil stabilization plans for all project areas based on both total megawatt production and total land disturbance acreage per project site for all solar energy generation projects eligible for state and local property tax exemptions pursuant to  § 58.1-3660. The Department shall provide an interim report on the development of the solar decommissioning regulations to the General  Assembly by November 15, 2018.”

         

15. SEN. BLACK

                                                                                              Item 292 1s

    Health and Human Resources                      FY 18-19         FY19-20

      Department of Health                          ($3,000,000)      ($3,000,000)     NGF

                                                                     -1.00                -1.00      FTE

    Language:

      Page 282, line 36, strike “$267,476,216” and insert “$264,476,216”.

      Page 282, line 36, strike “$267,614,422” and insert “$264,614,422”.

      Page 284, strike lines 51 through 56.

      Page 285, strike lines 1 through 17.