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2015 SESSION

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Senate Committee on Commerce and Labor

Chairman: John C. Watkins

Clerk: Maribeth Turner
Staff: Frank Munyan
Date of Meeting: February 23, 2015
Time and Place: Monday, 1/2 hour after adjournment of the SENATE, Senate Room B
UPDATED to add SB 1465 & SB 1466

H.B. 1372 Motor vehicle accidents; not-at-fault accidents.

Patron: Webert

Workers' compensation insurance; use of experience modification factor in contracting; not-at-fault motor vehicle accidents. States that any contract or offer to contract entered into or issued on or after July 1, 2016, that requires the contractor or bidder to have an experience modification factor equal to or less than any specified value shall be construed as requiring the contractor or person responding to the offer to have a secondary experience modification factor equal to or less than the specified value. Similarly, a term of an offer to contract issued on or after July 1, 2016, that requires that the successful bidder have an experience modification factor equal to or less than any specified value shall be satisfied by any bidder that has a secondary experience modification factor equal to or less than the specified value. Every uniform experience rating plan shall provide for a calculation of a secondary experience modification factor. The methodology for calculating a secondary experience modification factor for an employer shall be the same methodology used in assigning an experience modification factor except that it shall exclude loss experience arising from a motor vehicle accident for which the employee was not wholly or partially at fault. If liability for the accident has not yet been finally determined, the rate service organization shall not use information about the accident in its calculation of an employer's secondary experience modification factor until a final determination of liability has been made.

A BILL to amend and reenact § 38.2-1913 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 1 of Title 11 a section numbered 11-9.8, relating to offers to contract that condition eligibility on a bidder's experience modification factor; requiring the development and use of an experience modification factor that excludes not-at-fault motor vehicle accidents.

15103017D

H.B. 1820 Workers' compensation; pecuniary liability for medical services.

Patron: Farrell

Workers' compensation; payment for medical services. Requires the Virginia Workers' Compensation Commission to establish the prevailing community rate for medical, surgical, or hospital services in communities at an amount that is representative of the charge for the same services charged by providers in the community where the services are provided in the Commonwealth. The Commission is directed to obtain a representative sample of charges for such services by providers in a community. If the sample size of data of charges is sufficient to serve as the basis for statistically significant results, the Commission shall establish the prevailing community rate for the service at the middle value of such mean, median, and mode of the charges for the same services. The Commission is required annually to adjust each prevailing community rate to reflect the rate of increase in the medical care component of the Consumer Price Index for All Urban Consumers (CPI-U).The Commission may further adjust each prevailing community rate in consideration of access to health care, the need to control costs, or factors. The measure will expire on July 1, 2018.

A BILL to amend and reenact § 65.2-605 of the Code of Virginia, relating to workers' compensation; pecuniary liability for medical services.

15104477D

H.B. 1940 Health insurance; mandated coverage for autism spectrum disorder.

Patron: Greason

Health insurance; mandated coverage for autism spectrum disorder. Requires health insurers, health care subscription plans, and health maintenance organizations to provide coverage for the diagnosis and treatment of autism spectrum disorder in individuals from age two through ten. Currently, such coverage is required to be provided for individuals from age two through age six. The provision applies with respect to insurance policies, subscription contracts, and health care plans delivered, issued for delivery, reissued, or extended on or after January 1, 2016.

 A BILL to amend and reenact § 38.2-3418.17 of the Code of Virginia, relating to health insurance; coverage for autism spectrum disorder.

15104921D

H.B. 2237 Electric utility ratemaking; recovery of costs of solar energy facilities.

Patron: Yancey

Electric utilities; costs of solar energy facilities. Authorizes an investor-owned electric utility that purchases a generation facility consisting of at least one megawatt of generating capacity using energy derived from sunlight and located in the Commonwealth and that utilizes goods or services sourced, in whole or in part, from one or more Virginia businesses, to recover the costs of acquiring the facility, with an enhanced rate of return on equity, through a rate adjustment clause. A utility filing a petition for approval of such a project may propose a rate adjustment clause based on a market index in lieu of a cost of service model for such facility. The measure also states that (i) the construction or purchase by a utility of one or more generation facilities with at least one megawatt of generating capacity, and with an aggregate rated capacity that does not exceed 500 megawatts, that use energy derived from sunlight and are located in the Commonwealth, regardless of whether any of such facilities are located within or without the utility's service territory, and (ii) planning and development activities for a new utility-owned and utility-operated generating facility or facilities utilizing energy derived from sunlight with an aggregate capacity of 500 megawatts, are in the public interest.

A BILL to amend and reenact § 56-585.1 of the Code of Virginia, relating to electric utility ratemaking; recovery of costs of solar energy facilities.

15104729D

H.B. 2244 Electric utilities, certain; updated integrated resource plans.

Patron: James

Electric utilities; integrated resource plans. Requires electric utilities serving two million or more customers in the Commonwealth to file an integrated resources plan (IRP) by September 1 of each year. Currently, they are required to file an IRP at least every two years. The measure requires copies of the IRP to be provided to the Chairmen of the House and Senate Committees on Commerce and Labor and to the chairman of the Commission on Electric Utility Regulation. The measure also requires that IRPs evaluate compliance options to minimize effects on customer rates of pending federal environmental rules.

A BILL to amend and reenact § 56-599 of the Code of Virginia, relating to electric utilities; schedule for filing integrated resource plans.

15103732D

H.B. 2267 Virginia Solar Energy Development Authority; created, report.

Patron: Hugo


Virginia Solar Energy Development Authority. Creates the Virginia Solar Energy Development Authority to facilitate, coordinate, and support the development of the solar energy industry and solar-powered electric energy facilities in the Commonwealth. The Authority is directed to do so by developing programs to increase the availability of financing for solar energy projects, facilitate the increase of solar energy generation systems on public and private sector facilities in the Commonwealth, promote the growth of the Virginia solar industry, and provide a hub for collaboration between entities to partner on solar energy projects. The Authority will be composed of 11 members, of whom six will be appointed by the Governor, three will be appointed by the Speaker of the House, and two will be appointed by the Senate Committee on Rules. Members may be representatives of solar businesses, solar customers, renewable energy financiers, state and local government solar customers, and solar research academics. The Authority is charged with, among other tasks, (i) identifying existing state and regulatory or administrative barriers to the development of the solar energy industry, (ii) collaborating with entities such as higher education institutions to increase the training and development of the workforce needed by the solar industry in Virginia, including industry-recognized credentials and certifications, (iii) applying to the U.S. Department of Energy for loan guarantees for such projects, and (iv) performing any other activities as may seem appropriate to increase solar energy generation in Virginia and the associated jobs and economic development and competitiveness benefits. The Director of the Department of Mines, Minerals and Energy may utilize nonstate-funded support to carry out any duties assigned to the Director. Funding may be provided by any source, public or private, for the purposes for which the Authority is created. The bill has a sunset date of July 1, 2025.

A BILL to amend the Code of Virginia by adding in Title 67 a chapter numbered 15, consisting of sections numbered 67-1500 through 67-1509, relating to the Virginia Solar Energy Development Authority.

15104597D

H.B. 2274 Electric utilities; cost recovery.

Patron: Kilgore

Electric utilities; cost recovery. Permits investor-owned electric utilities to recover from certain customers, through a rate adjustment clause, the projected and actual costs of designing, implementing, and operating State Corporation Commission-approved programs that accelerate the vegetation management of distribution rights-of-way. The measure provides that these costs shall not be allocated to or recovered from certain classes of large customers.

A BILL to amend and reenact § 56-585.1 of the Code of Virginia, relating to electric utility ratemaking; rate adjustment clause for distribution reliability and system security.

15102980D

H.B. 2316 Southwest Virginia Health Authority; review and approval of cooperative agreements.

Patron: Kilgore

Southwest Virginia Health Authority; cooperative agreements. Allows the Southwest Virginia Health Authority (the Authority) to review and approve cooperative agreements among two or more hospitals for the sharing, allocation, consolidation by merger or other combination of assets, or referral of patients, personnel, instructional programs, support services, and facilities or medical, diagnostic, or laboratory facilities or procedures or other services traditionally offered by hospitals. The Authority shall approve a cooperative agreement if it determines that the parties to the cooperative agreement have demonstrated by a preponderance of the evidence that the benefits likely to result from the agreement outweigh the disadvantages likely to result from a reduction in competition from the agreement. The bill also provides that activities conducted pursuant to cooperative agreements approved by the Authority and supervised by the State Health Commissioner are immunized from challenge or scrutiny under the Commonwealth's antitrust laws.  Furthermore, the City of Bristol is added to the Authority.

A BILL to amend and reenact §§ 15.2-5368, 15.2-5369, 15.2-5370, 15.2-5374, and 15.2-5385 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 15.2-5384.1, relating to Southwest Virginia Health Authority.

15104663D

H.B. 2322 Health benefit plans; essential health benefits waiver.

Patron: Stolle

Health benefit plans; essential health benefits waiver. Authorizes health carriers to offer, sell, issue, or renew any health benefit plan in the individual and group markets that does not include the essential health benefits as required by the federal Patient Protection and Affordable Care Act if (i) federal premium tax credit subsidies are no longer available or provided for a health benefit plan purchased through the federal health benefits exchange and (ii) the appropriate federal authority has suspended enforcement of the provisions of the Act that require a health benefit plan to provide coverage for essential health benefits, to the extent and under the terms that the appropriate federal authority has suspended enforcement of such provisions.

A BILL to amend the Code of Virginia by adding in Article 6 of Chapter 34 of Title 38.2 a section numbered 38.2-3454.2, relating to the sale of certain health benefit plans that do not provide essential health benefits.

15103213D

H.B. 2372 Medical assistance; asset verification, financial institutions to provide certain medical records.

Patron: Sickles

Medical assistance; asset verification; financial institutions may provide records. Requires the Department of Medical Assistance Services (DMAS) to establish an electronic financial record matching program for the purpose of verifying the assets of applicants for and recipients of medical assistance for (i) individuals applying for or receiving medical assistance as aged, blind or disabled and (ii) individuals for whom an assets test is required to determine the applicant's or recipient's eligibility for medical assistance. Upon determining that financial records of an individual for whom a resource test is required are required in connection with a determination or redetermination of eligibility for medical assistance or the amount of medical assistance, DMAS or its agent may request financial records of the individual from a financial institution. The bill authorizes financial institutions doing business in the Commonwealth to provide financial records of an individual for whom a resource test is required to DMAS or its agent, upon receipt of such request. Financial institutions are provided immunity from civil or criminal liability with respect to their provision of such information. DMAS is required to reimburse financial institutions for their actual costs when complying with the requirements of this measure. The bill sunsets on July 1, 2017.

A BILL to amend the Code of Virginia by adding a section numbered 32.1-325.001, relating to medical assistance; asset verification; financial institutions to provide certain records.

15104606D

S.B. 1465 Escheat of unclaimed U.S. savings bonds.

Patron: Watkins

Escheat of unclaimed U.S. savings bonds. Establishes a procedure for the escheat to the Commonwealth of unclaimed U.S. savings bonds. The measure declares that U.S. savings bonds held or owing in the Commonwealth by any person, issued or owed in the course of a holder's business, or held by a state or other government, governmental subdivision, agency, or instrumentality are presumed to be abandoned in the Commonwealth if (i) the last known address of the owner is in the Commonwealth and (ii) the savings bond has remained unclaimed and unredeemed for five years after final maturity. Such bonds that are presumed abandoned shall escheat to the Commonwealth one year after such bonds are presumed abandoned, provided that the administrator obtains a court judgment affirming the escheat. The administrator is required to redeem such bonds that have escheated to the Commonwealth, and the balance of proceeds shall be deposited into the Literary Fund pursuant to Article VIII, Section 8 of the Constitution of Virginia.

A BILL to amend the Code of Virginia by adding a section numbered 55-210.9:3, relating to the escheat and disposition of unclaimed U.S. savings bonds.

15105181D

S.B. 1466 Commission on Electric Utility Regulation.

Patron: Norment

Commission on Electric Utility Regulation. Postpones the scheduled expiration of the Commission on Electric Utility Regulation from July 1, 2015, to July 1, 2018.

A BILL to amend and reenact § 30-209 of the Code of Virginia, relating to the scheduled expiration of the Commission on Electric Utility Regulation.

15105292D