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2020 SESSION

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Senate Committee on Commerce and Labor

Chair: Richard L. Saslaw

Date of Meeting: March 2, 2020
Time and Place: 15 minutes after Senate adjourns / Senate Room A, Pocahontas

H.B. 55

Patron: Carter

Worker cooperatives. Establishes worker cooperatives as a category of cooperative associations. A worker cooperative is a stock corporation that has elected to be governed by provisions established by this measure, which include (i) conducting its business primarily for the mutual benefit of its members, (ii) allowing only current and retired employees to be members, (iii) limiting voting rights to current employees, (iv) providing that each employee is entitled to one vote, (v) prohibiting any person from owning more than one membership share, (vi) requiring at least two-thirds of employees to own membership shares, and (vii) requiring that net earnings be paid or credited to members in accordance with the ratio that each member's amount of work performed during a period bears to the total amount of work performed by all members during that period.

A BILL to amend and reenact §§ 13.1-301, 13.1-307, and 13.1-308 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 3 of Title 13.1 an article numbered 3, consisting of sections numbered 13.1-346 through 13.1-355, relating to worker cooperatives.

20100832D

H.B. 56

Patron: Carter

Minimum wage; tipped employees; classification. Prohibits an employer from classifying an individual as a tipped employee if the individual is prohibited by applicable federal or state law or regulation from soliciting tips.

A BILL to amend and reenact § 40.1-28.9 of the Code of Virginia, relating to the minimum wage; tipped employees.

20100830D

H.B. 66

Patron: Carter

Health insurance; cost-sharing payments for prescription insulin drugs. Prohibits health insurance companies and other carriers from setting an amount exceeding $30 per 30-day supply that a covered person is required to pay at the point of sale in order to receive a covered prescription insulin drug. The measure also prohibits a provider contract between a carrier or its pharmacy benefits manager and a pharmacy from containing a provision (i) authorizing the carrier's pharmacy benefits manager or the pharmacy to charge, (ii) requiring the pharmacy to collect, or (iii) requiring a covered person to make a cost-sharing payment for a covered prescription insulin drug in an amount that exceeds such limitation. This bill incorporates HB 1403.

A BILL to amend the Code of Virginia by adding a section numbered 38.2-3407.15:5, relating to health insurance; pharmacy benefits; cost-sharing payments for prescription insulin drugs.

20107156D

H.B. 665

Patron: Mullin

Electrical transmission lines; effect on historic resources. Requires the State Corporation Commission (SCC), prior to approving the construction of any electrical transmission lines of 138 kilovolts or more, to determine that the corridor or route chosen for the line will avoid or reasonably minimize adverse impact to the greatest extent reasonably practicable on the scenic assets, historic resources recorded with the Department of Historic Resources, and environment of the area concerned. Currently, the SCC is required to determine that such a line's corridor or route will reasonably minimize adverse impact on the scenic assets, historic districts, and environment of the area concerned.

A BILL to amend and reenact § 56-46.1 of the Code of Virginia, relating to electrical transmission lines; State Corporation Commission to consider impact on historic resources.

20102992D

H.B. 723

Patron: Reid

Underground pipelines and conduit and electrical transmission lines; agriculture. Requires a utility company installing an underground pipeline or conduit with an inside diameter greater than 12 inches or an underground electric transmission or distribution line of greater than 115 kV in capacity to mitigate the effects of the project if the project disturbs 10,000 square feet or more of agricultural land. The bill directs the State Corporation Commission to adopt regulations requiring the utility company to remove topsoil from the planned construction site and either redistribute it to graded areas elsewhere on the land of the affected property owner or store it nearby, protected from erosion and compaction, for later redistribution on the disturbed area.

A BILL to amend the Code of Virginia by adding a section numbered 56-257.5, relating to underground utility lines; agricultural operation.

20106632D

H.B. 1030

Patron: Roem

Electric utility regulation; pilot program for undergrounding electrical transmission lines. Provides that the State Corporation Commission's approval of a proposed transmission line for inclusion in a pilot program established as part of the Grid Transformation and Security Act enacted in 2018 (i) precludes the placement of future overhead electrical transmission lines of at least 69 kilovolts in the same area or corridor by other transmission projects for a period of 10 years and (ii) does not preclude (a) any underground transmission lines in such right-of-way or (b) any electrical distribution lines in such right-of-way.the placement of electrical distribution lines in the same area or corridor. The pilot program provides for the underground construction of two electrical transmission lines, including one for the Haymarket transmission line project in Prince William County.

A BILL to amend and reenact § 8 of the second enactment of Chapter 296 of the Acts of Assembly of 2018, relating to electrical transmission lines.

20106440D

H.B. 1057

Patron: Adams, D.M.

Health insurance; clinical nurse specialists. Prohibits health insurers and health service plan providers whose policies or contracts cover services that may be legally performed by a licensed clinical nurse specialist from denying reimbursement because the service is rendered by a licensed clinical nurse specialist. The measure removes the existing limitation that requires such reimbursement only to licensed clinical nurse specialists who render mental health services.

A BILL to amend and reenact §§ 13.1-543, 13.1-1102, 38.2-3408, 38.2-3412.1, and 38.2-4221 of the Code of Virginia, relating to health insurance; reimbursement for services provided by a clinical nurse specialist.

20107278D

H.B. 1132

Patron: Jones

Electric utility regulation; initial triennial review. Establishes requirements for the first scheduled triennial review proceeding for Virginia Electric and Power Company that is scheduled to be conducted in 2021. The measure directs that such initial triennial review shall consist of a generation and distribution rate case conducted solely pursuant to Chapter 10 (§ 56-232 et seq.) of Title 56 of the Code of Virginia, rules of the State Corporation Commission, and this measure. As part of the initial triennial review, the Commission is directed to review the earnings during the utility's test period and to order credits to customers in amounts equal to any earnings during the combined test periods that are above the utility's authorized rate of return in effect on July 1, 2020, as determined in the initial triennial review. The measure authorizes the Commission to order rate adjustments and to use any methodology to determine the fair rate of return on common equity that it finds consistent with the public interest, provided that such return shall be set at a level that is sufficient to assure confidence in the utility's financial integrity, adequate to maintain and support the utility's credit and its ability to attract capital, and comparable to returns that investors in securities would expect to earn on investments of similar risk. The measure provides that any capital investments made during the combined test periods reviewed during an initial triennial review in utility owned solar or wind generation facilities or electric distribution grid transformation projects will not be applied as customer credit reinvestment offsets during such utility's initial triennial review, but any portion of such capital investments that remain undepreciated as of the utility's subsequent triennial reviews may be applied as customer credit reinvestment offsets in subsequent proceedings. The measure directs the utility to make its initial triennial review filing by March 31, 2021. Subsequent triennial reviews shall be conducted pursuant to the Virginia Electric Utility Regulation Act. This bill incorporates HB 969.

A BILL to direct the State Corporation Commission to conduct a rate adjustment and review proceeding for a Phase II Utility in 2021.

20107779D

H.B. 1141

Patron: Tran

Health benefit plans; special exception. Repeals a provision of the Code of Virginia authorizing health carriers to sell, issue, or offer for sale any health benefit plan that would otherwise not be permitted to be sold, issued, or offered for sale due to conflict with the requirements of the federal Patient Protection and Affordable Care Act (PPACA), to the extent that the(a) the appropriate federal authority has suspended enforcement of provisions of the PPACA or (b) the requirements of the PPACA are amended by any federal law.

A BILL to repeal § 38.2-3454.1 of the Code of Virginia, relating to sale or renewal of health benefit plans; special exception.

20106904D

H.B. 1183

Patron: Lopez

State Corporation Commission; bulk energy storage resources. Requires the State Corporation Commission to establish a task force to evaluate and analyze the potential for bulk energy storage resources to, among other things, help integrate renewable energy into the electrical grid. The measure requires the Commission to submit the results of task force's evaluation and analysis to the General Assembly by October 1, 2021.

A BILL to direct the State Corporation Commission to create a task force to evaluate and analyze the potential for bulk energy storage resources to help integrate renewable energy into the electrical grid.

20107411D

H.B. 1225

Patron: Tran

Electric utilities; notice before terminating service. Prohibits an electric utility from terminating the residential service of a customer for nonpayment for metered services when the electric utility believes that the customer is receiving or has received electric utility services for which the customer was not properly billed as the result of tampering with the electric utility's meter until the electric utility has (i) retrieved the meter from the customer's premises, which may be done without providing prior notice to the customer; (ii) immediately replaced it with a new meter; and (iii) determined whether the meter has been tampered with. The measure requires that if the electric utility determines that the meter has been tampered with and seeks payment for services not properly billed, the electric utility must provide the customer with a detailed invoice billing the customer for the amount owed by the customer as a result of the meter's failure. The electric utility is required to provide the customer one full billing period to pay the amount billed in such invoice. The measure authorizes a customer to submit a complaint to the State Corporation Commission and to file a formal proceeding after the informal complaint process has been exhausted. The measure includes specific conditions for which these requirements do not apply, including the condition of a customer's wiring, equipment, or appliances is either unsafe or unsuitable for receiving the utility service or the customer's use of the utility service or equipment interferes with or may be detrimental to the utility's facilities or to the provision of utility service by the utility to any other customer.

A BILL to amend and reenact § 56-247.1 of the Code of Virginia, relating to notice prior to termination of electric utility service; enforcement by State Corporation Commission of procedural requirements.

20107201D

H.B. 1252

Patron: Scott

Apprenticeship program; discrimination. Prohibits a sponsor of a registered apprenticeship program from discriminating against an apprentice or applicant for apprenticeship on the basis of race, color, religion, national origin, sex, sexual orientation, age, genetic information, or disability. The measure conforms Virginia's apprenticeship nondiscrimination requirements to those required for state apprenticeship agencies pursuant to federal Office of Apprenticeship regulations adopted in 2016.

A BILL to amend and reenact § 40.1-121 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 40.1-120.1, relating to prohibited discrimination in apprenticeship programs.

20106433D

H.B. 1280

Patron: O'Quinn

Electric utilities; broadband capacity.Authorizes an electric utility to lease to any third party that is a wholesaler and that is not a government-owned broadband authority, for the purposes of providing broadband connectivity. The leases may extend in length beyond the end of the pilot program under which the utility provides broadband capacity to nongovernmental Internet service providers in areas of the Commonwealth unserved by broadband.

A BILL to amend and reenact § 56-585.1:9 of the Code of Virginia, relating to electric utilities; broadband capacity pilot program.

20106422D

H.B. 1291

Patron: Hodges

Medical assistance services; managed care organization contracts with pharmacy benefits managers; spread pricing. Requires the Department of Medical Assistance Services to require a managed care organization with which the Department enters into an agreement for the delivery of medical assistance services to include in any agreement between the managed care organization and a pharmacy benefits manager provisions prohibiting the pharmacy benefits manager or a representative of the pharmacy benefits manager from conducting spread pricing with regards to the managed care organization's managed care plans. The bill defines "spread pricing" as the model of prescription drug pricing in which the pharmacy benefits manager charges a managed care plan a contracted price for prescription drugs, and the contracted price for the prescription drugs differs from the amount the pharmacy benefits manager directly or indirectly pays the pharmacist or pharmacy for pharmacist services. The bill applies to agreements entered into, amended, extended, or renewed on or after July 1, 2020.

A BILL to amend and reenact § 32.1-325 of the Code of Virginia, relating to medical assistance services; managed care organization contracts with pharmacy benefits managers; spread pricing.

20103645D

H.B. 1303

Patron: Hurst

Nuclear energy; strategic plan. Directs the Department of Mines, Minerals and Energy, the Secretary of Commerce and Trade, and the Secretary of Education to work in coordination with the Virginia Nuclear Energy Consortium Authority and the Virginia Economic Development Partnership Authority to develop a strategic plan for the role of nuclear energy in the Commonwealth's overall strategy for moving toward renewable and carbon-free energy. The plan shall be completed by October 1, 2020, and updated every four years thereafter.

A BILL to amend and reenact § 67-200 of the Code of Virginia and to amend the Code of Virginia by adding in Title 67 a chapter numbered 17, consisting of a section numbered 67-1700, relating to nuclear energy; strategic plan.

20105076D

H.B. 1429

Patron: Roem

Health insurance; nondiscrimination; gender identity or transgender status. Prohibits a health carrier from denying or limiting coverage or imposing additional cost sharing or other limitations or restrictions on coverage, under a health benefit plan for health care services that are ordinarily or exclusively available to covered individuals of one sex, to a transgender individual on the basis of the fact that the individual's sex assigned at birth, gender identity, or gender otherwise recorded is different from the one to which such health services are ordinarily or exclusively available. The measure also prohibits a health carrier from (i) subjecting an individual to discrimination under a health benefit plan on the basis of gender identity or being a transgender individual or (ii) requiring that an individual, as a condition of enrollment or continued enrollment under a health benefit plan, pay a premium that is greater than the premium for a similarly situated covered person enrolled in the plan on the basis of the covered person's gender identity or being a transgender individual. The measure requires health carriers to assess medical necessity according to nondiscriminatory criteria that are consistent with current medical standards.

A BILL to amend the Code of Virginia by adding a section numbered 38.2-3449.1, relating to health insurance; discrimination on the basis of gender identity or status as a transgender individual prohibited.

20103621D

H.B. 1656

Patron: O'Quinn

Electric utilities; incentive programs for low-income customers. Authorizes Dominion Virginia Power and American Electric Power to recover, through a rate adjustment clause, the costs of designing, implementing, and operating programs to provide incentives to low-income, elderly, and disabled individuals who participate in an energy conservation program, or to organizations providing residential services to such individuals, for the installation of, or access to, solar energy generating equipment. The measure also clarifies that these utilities shall submit a petition for approval to design, implement, and operate a separate three-year incentive program, in an amount not to exceed $25 million in the aggregate, to enable the installation of, or access to, solar energy equipment, that is in addition to the existing $25 million in incentives the utilities are required to provide over three years to low-income, elderly, and disabled individuals for energy conservation measures.

A BILL to amend and reenact §§ 56-585.1 and 56-596.2:1 of the Code of Virginia, relating to electric utility regulation; incentives for energy conservation measures and solar energy equipment.

20105595D