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2021 SESSION

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Senate Committee on Commerce and Labor

Chair: Richard L. Saslaw

Clerk: Hobie Lehman
Staff: Marvi Ali, Thomas Stevens
Date of Meeting: February 1, 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. 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. 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. 1292

Patron: McClellan

Electric utilities; overearnings; customer bill credits. Requires the State Corporation Commission to direct that 100 percent of the amount of a utility's earnings above a certain threshold be credited to customers' bills. Under current law, the Commission is required to direct that 70 percent of such overearnings be credited to customers' bills. The provisions of the bill apply to the first triennial review of Dominion Energy Virginia conducted after January 1, 2021.

A BILL to amend and reenact § 56-585.1 of the Code of Virginia, relating to electric utilities; overearnings; customer bill credits.

21102020D

S.B. 1295

Patron: DeSteph

Electric utilities; procurement. Requires a utility, in the construction of certain offshore wind, onshore wind, solar, and energy storage facilities, to procure, subject to a competitive process, equipment from a Virginia-based or United States-based manufacturer using materials or product components made in Virginia or the United States, if available.

A BILL to amend and reenact §§ 56-585.1:11 and 56-585.5 of the Code of Virginia, relating to electric utilities; procurement.

21101950D

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. 1419

Patron: Marsden

Project labor agreements; public interest. Requires that for contracts requiring the design or construction of a road, highway, bridge, or similar transportation improvement, a public body wishing to enter into a project labor agreement shall first determine by written finding that participation in such project labor agreement advances the public interest, based on objective criteria established by the public body by regulation, ordinance, or resolution that may include cost, efficiency, quality, safety, timeliness, maintenance of a skilled labor force, labor stability, or advancing minority-owned or women-owned business participation in the project.

A BILL to amend and reenact § 2.2-4321.2, as it shall become effective, of the Code of Virginia, relating to project labor agreements; public interest.

21102268D

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