SEARCH SITE

VIRGINIA LAW PORTAL

SEARCHABLE DATABASES

ACROSS SESSIONS

Developed and maintained by the Division of Legislative Automated Systems.

2021 SESSION

  • print version
Senate Committee on Commerce and Labor

Chair: Richard L. Saslaw

Clerk: Hobie Lehman
Staff: Marvi Ali, Thomas Stevens
Date of Meeting: January 25, 2021
Time and Place: 15 min. after adjourn/SR West/Public register to speak GA website
https://virginia-senate.granicus.com/ViewPublisher.php?view_id=3

S.B. 1159

Patron: Favola

Use sick leave for the care of immediate family members. Requires employers with a sick leave program to allow an employee to use his sick leave for the care of an immediate family member. The measure applies only to employers that have 25 or more employees and that provide paid sick leave that allows an employee to be absent from work in the event of the employee's own incapacity, illness, or injury. The measure applies only to employees who work at least 30 hours per week, and it caps the amount of sick leave that may be used for the care of immediate family members at five days per calendar year.

A BILL to amend the Code of Virginia by adding a section numbered 40.1-28.6:1, relating to the ability of employees to use sick leave for the care of immediate family members.

21100619D

S.B. 1195

Patron: Obenshain

Motor vehicle insurance; underinsured motor vehicle. Provides that a motor vehicle is underinsured when the total amount of bodily injury and property damage coverage applicable to the operation or use of the motor vehicle and available for payment for such bodily injury or property damage, including all bonds or deposits of money or securities, is insufficient to fully compensate any person injured as a result of the operation or use of the vehicle. Currently, a motor vehicle is underinsured when such coverage is less than the total amount of uninsured motorist coverage afforded any person injured as a result of the operation or use of the vehicle.

A BILL to amend and reenact § 38.2-2206 of the Code of Virginia, relating to motor vehicle insurance; underinsured motor vehicle.

21102246D

S.B. 1223

Patron: Boysko

Transportation electrification; Virginia Energy Plan. Amends the Virginia Energy Plan to include an analysis of electric vehicle charging infrastructure and other infrastructure needed to support the 2045 net-zero carbon target in the transportation sector.

A BILL to amend and reenact §§ 67-102, 67-201, and 67-202 of the Code of Virginia, relating to transportation electrification; Virginia Energy Plan.

21101437D

S.B. 1247

Patron: Deeds

Electric utilities; closure of carbon-emitting generating units. Requires each owner of a large carbon-emitting power plant to provide a facility retirement study every 18 months. The bill requires that whenever a generation asset owner makes the decision to close a plant, such owner must provide notice to relevant localities and state agencies within 14 days of making that decision.

A BILL to amend and reenact § 56-580 of the Code of Virginia, relating to electric utilities; closure of carbon-emitting generating units.

21100754D

S.B. 1269

Patron: McPike

Health insurance; authorization of drug prescribed for the treatment of a mental disorder. Requires that any provider contract between a carrier and a participating health care provider with prescriptive authority, or its contracting agent, provide that no prior authorization is required for any drug prescribed for the treatment of a mental disorder listed in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association if the prescription (i) is a covered benefit, (ii) does not exceed the U.S. Food and Drug Administration-labeled dosages, and (iii) has been continuously issued for no fewer than three months. The bill provides that this requirement does not prohibit a carrier from requiring step therapy for any drug that is not listed on its prescription drug formulary.

A BILL to amend and reenact § 38.2-3407.15:2 of the Code of Virginia, relating to health insurance; authorization of drug prescribed for the treatment of a mental disorder.

21101311D

S.B. 1275

Patron: Marsden

Workers' compensation; presumption of compensability for certain diseases. Adds salaried or volunteer emergency medical services personnel to the list of persons to whom, after five years of service, the occupational disease presumption for death caused by hypertension or heart disease applies.

A BILL to amend and reenact § 65.2-402 of the Code of Virginia, relating to workers' compensation; presumption of compensation for certain diseases; applicable to salaried and volunteer emergency medical services personnel.

21101397D

S.B. 1284

Patron: Favola

Commonwealth Clean Energy Policy. Establishes the Commonwealth Clean Energy Policy, replacing the Commonwealth Energy Policy. The bill sets out the energy policy and objectives of the Commonwealth Clean Energy Policy, which include: (i) the Commonwealth recognizes that effectively addressing climate change and enhancing resilience will advance the health, welfare, and safety of the residents of the Commonwealth and that addressing climate change requires reducing greenhouse gas emissions across the Commonwealth's economy sufficient to reach net-zero emission by 2045 in all sectors, including the electric power, transportation, industrial, agricultural, building, and infrastructure sectors; (ii) the Commonwealth recognizes the need to promote environmental justice and ensure that it is carried out throughout the Commonwealth and the need to address and prevent energy inequities in historically economically disadvantaged communities; and (iii) the Commonwealth must continue to prioritize economic competiveness and workforce development in an equitable manner.

A BILL to amend and reenact §§ 56-46.1, 56-585.1, 56-598, 56-601, 62.1-199, 67-103, 67-104, and 67-201 of the Code of Virginia; to amend the Code of Virginia by adding a section numbered 67-101.1; and to repeal §§ 67-101 and 67-102 of the Code of Virginia, relating to the Commonwealth Energy Policy.

21102125D

S.B. 1289

Patron: Surovell


Health insurance; provider contracts. Requires that each provider contract include provisions (i) requiring providers to provide health care services to enrollees in a manner similar to and within the same time availability in which the provider provides health care services to any other individual and (ii) prohibiting a provider from discriminating against any enrollee as a result of the enrollee's enrollment in a health plan or on the basis of the enrollee's race, color, creed, national origin, ancestry, religion, sex, marital status, age, disability, payment source, state of health, need for health care services, status as a litigant except in cases where the enrollee claims medical malpractice by the provider, status as a Medicare enrollee, status as a medical assistance recipient, sexual orientation, or gender identity, or on any other basis prohibited by law. The bill prohibits a provider contract from requiring a provider to provide any type or kind of health care service to enrollees that it does not customarily provide to others. The bill provides that a provider that violates the anti-discrimination provisions may be subject to fines and other discipline from the provider's licensing authority and an enrollee injured as result of any discrimination is entitled initiate a civil action against the provider.

The bill also prohibits a provider contract from (a) directly or indirectly restricting the carrier from directing or steering enrollees to other health care providers or offering incentives to encourage enrollees to utilize specific providers; (b) requiring the carrier to enter into any additional contract with an affiliate of the provider as a condition of entering into a contract with such provider or to agree to payment rates or other terms for any affiliate not party to the contract of the provider involved; or (c) restricting other carriers not party to the contract from paying a lower rate for items or services than the contracting plan or issuer pays for such items or services.

The bill prohibits a provider from terminating or failing to renew the contractual relationship with a carrier, or any provider contract, or otherwise penalize any carrier, for invoking any of the carrier’s rights. The bill also provides that a provider or carrier injured as a result of a violation or threatened violation of any provision governing carrier business practices is entitled to injunctive relief against any and all violators or persons threatening violation.

The bill requires a provider contract to permit a provider a maximum of 90 days from the date a health care service is rendered to submit a claim for payment. The bill requires carriers to supply fee schedules in writing and in machine-readable electronic format and to provide the complete fee schedule applicable to the provider for each health plan in which the provider participates or is proposed to participate. The bill requires that amendments to a provider contract be presented in a manner so as to allow the provider to easily identify the specific terms being proposed for amendment and that proposed amendments be formatted to clearly identify the changes to the language of the agreement.

 

A BILL to amend and reenact § 38.2-3407.15 of the Code of Virginia, relating to health insurance; carrier business practices; provider contracts.

21101825D

S.B. 1310

Patron: McClellan

Employment; domestic service; Human Rights Act. Provides that individuals who are engaged in providing domestic service are not excluded from employee protection laws, laws regarding the payment of wages, and the Virginia Workers' Compensation Act. The measure also provides that the prohibitions on nondiscrimination in employment of the Virginia Human Rights Act apply to employers that employ one or more domestic workers.

A BILL to amend and reenact §§ 2.2-3905, 40.1-2, 40.1-29, 40.1-49.3, 40.1-49.8, 65.2-101, and 65.2-305 of the Code of Virginia, relating to the employees providing domestic service; the Virginia Human Rights Act; application of laws applicable to employee safety and workers' compensation.

21102808D

S.B. 1323

Patron: Dunnavant

Worker classification; independent contractors. Provides that in a proceeding involving allegations of worker misclassification an individual or business is not considered an employee with respect to a hiring party if the person qualifies as an independent contractor relative to the hiring party under the common law right-of control test as established by the Internal Revenue Service Revenue Ruling 87-41, by an applicable determination of the Internal Revenue Service, or if (i) the individual or business signs a written contract with the hiring party stating that the individual or business is self-employed or is being engaged as an independent contractor and containing certain acknowledgments, (ii) the individual or business has the right to control the manner and means by which the final result of the work is to be accomplished, and (iii) four or more additional criteria provided for in the bill are satisfied. The bill also provides that a hiring party alleging that a worker misclassification claim is frivolous or improper may file a motion to dismiss such claim. The bill provides that a contract or written agreement expressly stating that a claimant is not considered an employee is considered as prima facie evidence of a violation of frivolous pleading provisions.

A BILL to amend and reenact § 40.1-28.7:7 of the Code of Virginia, relating to worker classification; independent contractors.

21101717D

S.B. 1334

Patron: Edwards

Pilot program for broadband capacity; municipal broadband authorities. Expands the existing broadband pilot program to allow for the participation of municipalities and government-owned broadband authorities in order to provide broadband service to unserved areas of the Commonwealth.

A BILL to amend and reenact § 56-585.1:9 of the Code of Virginia, relating to pilot program for broadband capacity to unserved areas of the Commonwealth; municipal broadband authorities.

21101476D

S.B. 1341

Patron: Barker


Health insurance; association health plan for real estate salespersons. Provides that a licensed insurer may issue a policy of group accident and sickness insurance to an association of real estate salespersons (association), which association shall be deemed the policyholder, and that such association health plan is not considered to be insurance and is not subject to the existing requirements for insurance if certain requirements are met. The bill requires that (i) all members of the association be eligible for coverage, including employer members with at least one employee that is domiciled in the Commonwealth and self-employed individuals; (ii) membership in the association not be conditioned on any health status–related factor; (iii) the coverage offered through the association be available to all members regardless of any health status–related factor; (iv) the association not make health insurance coverage offered through the association available other than in connection with a member of the association; and (v) premiums for the policy be paid from funds contributed by the association or associations, or by employer members, or by both, or from funds contributed by the covered persons or from both the covered persons and the association, associations, or employer members.

The bill provides that any such policy (a) shall be considered a large group market plan subject to all coverage mandates applicable to a large group market plan, (b) shall be subject to the group health plan coverage requirements under the federal Patient Protection and Affordable Care Act, (c) shall be prohibited from denying coverage under the policy on the basis of a pre-existing condition, (d) shall be guaranteed issue and guaranteed renewable, (e) shall provide essential health benefits and cost-sharing requirements, and (f) shall offer a minimum level of coverage designed to provide benefits that are actuarially equivalent to 60 percent of the full actuarial value of the benefits provided under the plan.

The bill requires an insurer issuing such policy to an association to (1) treat all of the members and employees of employer members who are enrolled in coverage under the policy as a single risk pool; (2) set premiums on the basis of the collective group experience of the members and employees of employer members who are enrolled in coverage under the policy; (3) not vary premiums by age, except that the rate shall not vary by more than five to one for adults; (4) not vary premiums on the basis of gender; (5) not vary premiums on the basis of the health status of an individual employee of an employer member or a self-employed individual member; and (6) not establish discriminatory rules based on the health status of an employer member, an individual employee of an employer member, or a self-employed individual for eligibility or contribution.

Finally, the bill provides that the State Corporation Commission retains its regulatory authority over any such association health plan and may impose insurance requirements, as it deems appropriate.

A BILL to amend and reenact § 38.2-3521.1 of the Code of Virginia, relating to health insurance; association health plan for real estate salespersons.

21101123D

S.B. 1342

Patron: Vogel


Workers' compensation; presumption of compensability for COVID-19. Establishes a presumption that COVID-19 causing the death or disability of firefighters, emergency medical services personnel, law-enforcement officers, and correctional officers is an occupational disease compensable under the Workers' Compensation Act. The bill provides that the COVID-19 virus is established by a positive diagnostic test for COVID-19, an incubation period consistent with COVID-19, and signs and symptoms of COVID-19 that require medical treatment. The bill provides that such presumption applies to any death or disability occurring on or after March 12, 2020, caused by infection from the COVID-19 virus, provided that for any such death or disability that occurred on or after March 12, 2020, and prior to December 31, 2021, the claimant received a diagnosis of COVID-19 from a licensed physician, after either a presumptive positive test or a laboratory confirmed test for COVID-19, and presented with signs and symptoms of COVID-19 that required medical treatment.

A BILL to amend and reenact § 65.2-402.1 of the Code of Virginia, relating to workers' compensation; presumption as to death or disability from COVID-19.

21101518D

S.B. 1351

Patron: Lewis

Workers' compensation; claims not barred. Provides that an order issued by the Workers' Compensation Commission awarding or denying benefits shall not bar by res judicata any claim by an employee or cause a waiver, abandonment, or dismissal of any claim by an employee if the order does not expressly adjudicate such claim.

A BILL to amend the Code of Virginia by adding a section numbered 65.2-706.2, relating to workers' compensation; claims not barred.

21101731D

S.B. 1358

Patron: Hashmi

Employment health and safety standards; heat illness prevention. Requires the Safety and Health Codes Board to adopt regulations establishing standards designed to protect employees from heat illness, defined in the bill. The measure authorizes an employee to bring an action based on a violation of such standards in which injunctive relief and monetary damages may be sought.

A BILL to amend the Code of Virginia by adding a section numbered 40.1-44.2, relating to employment health and safety standards; heat illness prevention.

21101769D

S.B. 1375

Patron: Saslaw

Workers' compensation; presumption of compensability for COVID-19. Establishes a presumption that COVID-19 causing the death or disability of firefighters and emergency medical services personnel is an occupational disease compensable under the Workers' Compensation Act. The provisions of the bill will be effective retroactive to March 1, 2020.

A BILL to amend and reenact § 65.2-402.1 of the Code of Virginia, relating to workers' compensation; presumption as to death or disability from COVID-19.

21101733D

S.B. 1380

Patron: Lucas

Electric utilities; electric school bus projects; report. Authorizes electric utilities to partner with school divisions to implement projects designed to encourage the proliferation of school buses that are fueled in whole or in part by electricity, along with associated charging and other infrastructure, for the purpose of transporting students and that may also serve as electric grid stabilization or peak-shaving resources. The bill provides that if an electric school bus project meets the requirements in the bill, then it is in the public interest and may constitute an energy storage resource. The bill requires an electric school bus project and its corresponding agreement to include a provision to compensate a participating school division for the use of the school bus battery by the electric utility as a grid stabilizing or peak-shaving resource and a provision that the electric school buses shall be titled under the participating school division, but the utility shall own the associated batteries and charging stations. The bill also provides a tax exemption for electric school buses and associated charging and other infrastructure that is related or incidental to an authorized electric school bus project.

A BILL to amend and reenact § 58.1-3660 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 56-585.1:13, relating to electric utilities; electric school bus projects; report.

21102845D

S.B. 1413

Patron: Boysko

Provision of broadband capacity by Phase I or Phase II electric utilities. Makes permanent the pilot program under which a Phase I or Phase II electric utility is permitted to petition the State Corporation Commission to provide broadband capacity to unserved areas of the Commonwealth. The bill provides that investor-owned electric utilities may recover costs of and revenue generated from providing broadband capacity that serves as an electric grid transformation project in areas unserved by broadband, as defined in the bill. The bill also consolidates the State Corporation Commission petition approval process into one hearing.

A BILL to amend and reenact § 56-585.1:9 of the Code of Virginia, relating to provision of broadband services by investor-owned electric utilities.

21102940D

S.B. 1420

Patron: Edwards

Electric utilities; nonjurisdictional customers; third party power purchase agreements. Provides that for pilot programs under which an owner or operator of a renewable energy generation facility sells electricity to an eligible customer-generator through a third party power purchase agreement, both jurisdictional and nonjurisdictional customers may participate on a first-come, first-serve basis.

A BILL to amend and reenact § 1 of the first enactment of Chapters 358 and 382 of the Acts of Assembly of 2013, as amended by Chapter 803 of the Acts of Assembly of 2017, and as amended by Chapters 1187, 1188, 1189, 1193, 1194, and 1239 of the Acts of Assembly of 2020, relating to electric utilities; nonjurisdictional customers; third party power purchase agreements.

21102297D