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2018 SESSION

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Senate Committee on Commerce and Labor

Chairman: Frank W. Wagner

Clerk: Chad Starzer
Staff: Frank Munyan
Date of Meeting: February 19, 2018
Time and Place: 15 min after adj. Senate Room A, Pocahontas Building

H.B. 82 Workers' compensation; Uninsured Employer's Fund, financing tax.

Patron: Habeeb

Workers' compensation; Uninsured Employer's Fund; financing tax. Repeals an enactment clause that provides that the maximum tax rate that may be assessed on insurance carriers or self-insured employers for the purpose of funding workers' compensation benefits that are awarded against uninsured employers from the Uninsured Employer's Fund will revert from 0.5 percent to 0.25 percent on July 1, 2018. Repealing the enactment will maintain the maximum rate at its current level of 0.5 percent.

A BILL to repeal the second enactment of Chapter 219 of the Acts of Assembly of 2009, as amended by Chapter 647 of the Acts of Assembly of 2012 and by Chapter 449 of the Acts of Assembly of 2015, relating to financing the Uninsured Employer's Fund established under the Virginia Workers' Compensation Act.

18101060D

H.B. 110 Franchisees; status thereof and its employees as employees of the franchisor.

Patron: Head

Employees; franchisees excluded. Provides that, notwithstanding any voluntary agreement between the U.S. Department of Labor and the franchisee or franchisor, neither a franchisee nor a franchisee's employee shall be deemed to be an employee of the franchisee's franchisor. The measure also provides that this exclusion does not apply with respect to a specific claim for relief made by a franchisee or a franchisee's employee if the franchisor has been found by a court of competent jurisdiction to have exercised a type or degree of control over the franchisee or the franchisee's employees not customarily exercised by a franchisor for the purpose of protecting the franchisor's trademarks and brand.

A BILL to amend and reenact § 40.1-2 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 40.1-2.2, relating to the status of a franchisee and its employees as employees of the franchisor.

18100956D

H.B. 117 Workers' Compensation Commission; quorum.

Patron: Kilgore

Workers' Compensation Commission; quorum. Provides that the commissioners of the Workers' Compensation Commission, for purposes of constituting a quorum, shall include any deputy commissioner or retired commissioner who is appointed or recalled, respectively, to fill a vacancy on the Commission.

A BILL to amend and reenact § 65.2-201 of the Code of Virginia, relating to the Workers' Compensation Commission; quorum.

18101557D

H.B. 139 Health insurance; physician reimbursements, credentialing.

Patron: Head

Health insurance; physician reimbursements; credentialing. Requires health insurers and other carriers that credential the physicians in their provider networks to establish protocols and procedures for reimbursing physicians for health care services that are provided to covered persons during the period in which a physician's credentialing application is pending.

A BILL to amend the Code of Virginia by adding a section numbered 38.2-3407.10:1, relating to reimbursement of a physician for services rendered during the period in which a credentialing application is pending before a health insurance carrier.

18100678D

H.B. 170 Businesses; central filing of assumed or fictitious name, etc.

Patron: Habeeb

Transacting business under an assumed name; central filing of assumed or fictitious name certificates. Postpones, from May 1, 2019, to January 1, 2020, the effective date of the measure enacted in 2017 that requires a person conducting or transacting business under an assumed or fictitious name to file a certificate of assumed or fictitious name in the office of the clerk of the State Corporation Commission.

A BILL to amend and reenact the second enactment of Chapter 594 of the Acts of Assembly of 2017, relating to transacting business under an assumed name; central filing of assumed or fictitious name certificates; effective date.

18101901D

H.B. 238 State Corporation Commission; electronic registration system.

Patron: Kilgore

State Corporation Commission; electronic registration system. Extends the date, from July 1, 2018, to January 1, 2020, after which the State Corporation Commission is required to limit the users who will be able to submit data and documents on behalf of a business entity. The users who will be eligible to use the system after that date are those (i) who have been designated to make the submission on behalf of the business entity and (ii) whose identity has been established satisfactorily through a verification process. The measure also deletes a reference to the Commission's registration system as "eFile."

A BILL to amend and reenact § 2 of Chapter 311 of the Acts of Assembly of 2014, relating to the duties of the Clerk of the State Corporation Commission; electronic registration system.

18101900D

H.B. 396 State Corporation Commission; assistance with foreign insurance policies.

Patron: Keam

State Corporation Commission; assistance with foreign insurance policies. Authorizes the State Corporation Commission to assist consumers and to examine and investigate complaints and inquiries relating to trade practices and claim settlement practices of insurers involving certain group accident and sickness insurance policies issued outside of the Commonwealth but covering residents of the Commonwealth.

A BILL to amend the Code of Virginia by adding a section numbered 38.2-515.1, relating to the State Corporation Commission; group health insurance policies issued outside the Commonwealth.

18101277D

H.B. 433 Banks and credit unions; closure, appointment of receiver.

Patron: Marshall

Banks and credit unions; closure; appointment of receiver. Enables the State Corporation Commission (Commission) to close a state-chartered bank or credit union if its net worth ratio falls to less than two percent, if it is approaching insolvency and has no reasonable prospect for rehabilitation, or if closure is necessary for the protection of the public interest. The measure resolves an existing ambiguity regarding the appropriate court to which the Commission is required to apply for an order to have the Federal Deposit Insurance Corporation (FDIC) or National Credit Union Administration (NCUA) appointed as receiver for a state-chartered bank or credit union that has been closed by the Commission. The measure requires the court to appoint the FDIC or NCUA as receiver if the court finds that the FDIC or NCUA is willing to accept the appointment.

A BILL to amend and reenact §§ 6.2-912, 6.2-913, 6.2-926, and 6.2-1313 of the Code of Virginia, relating to financial institutions; insolvency.

18104134D

H.B. 451 Virginia Life, Accident and Sickness Insurance Guaranty Association; board of directors.

Patron: Habeeb

Virginia Life, Accident and Sickness Insurance Guaranty Association; board of directors. Increases the minimum number of members of the board of directors of the Virginia Life, Accident and Sickness Insurance Guaranty Association from five to nine and the maximum number of such members from nine to 13.

A BILL to amend and reenact § 38.2-1703 of the Code of Virginia, relating to the board of directors of the Virginia Life, Accident and Sickness Insurance Guaranty Association.

18101982D

H.B. 531 Workers' compensation; proof of coverage information.

Patron: Habeeb

Workers' compensation; proof of coverage information. Removes the provision that prevents the Workers' Compensation Commission from aggregating proof of coverage information filed with the Commission by an insurance carrier or rate service organization on behalf of an employer with the proof of coverage information filed by or on behalf of other employers.

A BILL to amend and reenact § 65.2-804 of the Code of Virginia, relating to workers' compensation; evidence of compliance.

18101694D

H.B. 558 Workers' Compensation; employer's liability for medical services provided outside the Commonwealth.

Patron: Habeeb

Workers' Compensation; employer's liability for medical services provided outside of the Commonwealth. Clarifies that the "medical community," when referring to providers of medical services rendered under the Virginia Workers' Compensation Act outside of the Commonwealth, shall be determined by the zip code of the principal place of business of the employer if located in the Commonwealth. If the employer's principal place of business is not in the Commonwealth, then it shall be determined by the zip code of the location where the Workers' Compensation Commission would conduct its hearing regarding a dispute concerning the medical services.

A BILL to amend and reenact §§ 65.2-605 and 65.2-605.1 of the Code of Virginia, relating to an employer's liability for medical services provided outside of the Commonwealth.

18103869D

H.B. 698 Land use permits; issuance by Department of Transportation.

Patron: Poindexter

Department of General Services; conveyances of right-of-way usage to certain nonpublic service companies by the Department of Transportation. Allows the Virginia Department of Transportation (Department) to issue land use permits to the owner of a private residence or business for water and sewer service to cross the Department's right-of-way when no viable alternative exists to provide potable water or to transfer sewer effluent to a qualified drain field as long as the utilities are marked in accord with requirements established by the Department. Currently, the Department may issue land use permits only to a public service company, a company owning or operating an interstate natural gas pipeline, a franchised cable television systems operator, a company that has registered as an operator and has provided proper notification, or a person providing utility service solely for his own agricultural or residential use when the utilities are located on the property owned by the person.

A BILL to amend and reenact § 2.2-1151.1 of the Code of Virginia, relating to issuance of land use permits by the Department of Transportation.

18104497D

H.B. 789 Banks; stock ownership by directors.

Patron: Keam

Banks; stock ownership by directors. Provides that a bank director is deemed to be the sole owner of shares in the bank that are deposited by the director in a living trust, or inter vivos trust, as to which the director is a trustee and retains an absolute power of revocation. Currently, a director is deemed to be the sole owner of shares that are deposited in such a trust only if the director is the sole trustee of the trust.

A BILL to amend and reenact § 6.2-862 of the Code of Virginia, relating to the requirement that bank directors own stock in bank.

18102279D

H.B. 911 Automatic renewal offers and continuous service offers; penalties.

Patron: Simon

Automatic renewal offers and continuous service offers; penalties. Prohibits a supplier making an automatic renewal or continuous service offer to a consumer in the Commonwealth from (i) failing to present the automatic renewal or continuous service offer terms in a clear and conspicuous manner, (ii) charging the consumer for an automatic renewal or continuous service without first obtaining the consumer's affirmative consent, and (iii) failing to provide an acknowledgment that includes the automatic renewal or continuous service offer terms, cancellation policy, and information regarding how to cancel in a manner that is capable of being retained by the consumer. In the case of a material change in the terms of the automatic renewal or continuous service offer, the bill would require the supplier to provide the consumer with a clear and conspicuous notice of the material change and information regarding how to cancel. The measure provides that in any case in which a supplier sends any goods, wares, merchandise, or products to a consumer under a continuous service agreement or automatic renewal of a purchase without first obtaining the consumer's affirmative consent, the goods, wares, merchandise, or products shall for all purposes be deemed an unconditional gift to the consumer. The bill exempts certain services and businesses from its provisions. A violation is a prohibited practice under the Virginia Consumer Protection Act. The measure has a delayed effective date of January 1, 2019.

A BILL to amend and reenact § 59.1-200 of the Code of Virginia and to amend the Code of Virginia by adding in Title 59.1 a chapter numbered 17.8, consisting of sections numbered 59.1-207.45 through 59.1-207.49, relating to automatic renewal offers and continuous service offers; charging accounts for ongoing shipments of a product or ongoing deliveries of a service; penalties.

18100614D

H.B. 999 Telework Promotion & Broadband Assistance, Office of, & Broadband Advisory Council; expiration.

Patron: Byron

Office of Telework Promotion and Broadband Assistance; Broadband Advisory Council; expiration. Extends the expiration of the Office of Telework Promotion and Broadband Assistance and the Broadband Advisory Council from July 1, 2018, to July 1, 2028.

A BILL to amend and reenact the second enactment of Chapter 444 of the Acts of Assembly of 2008 and to amend and reenact the third enactment of Chapter 818 and the third enactment of Chapter 852 of the Acts of Assembly of 2009, relating to the Office of Telework Promotion and Broadband Assistance and the Broadband Advisory Council; expiration.

18104596D

H.B. 1027 Security freezes; fees for placing on a consumer's credit report.

Patron: Adams, L.R.

Security freezes; fees. Reduces the maximum amount that a credit reporting agency may charge to place, remove, or lift a security freeze on a consumer's credit report from $10 to $5.

A BILL to amend and reenact §§ 59.1-444.2 and 59.1-444.3 of the Code of Virginia, relating to security freezes on credit reports; fees.

18106440D

H.B. 1177 Health insurance; contracts with pharmacies and pharmacists, etc.

Patron: Pillion

Pharmacists and pharmacy practices. Provides that no provider contract between a health carrier or its pharmacy benefits manager and a pharmacy or its contracting agent shall contain a provision (i) authorizing the carrier or its pharmacy benefits manager to charge, (ii) requiring the pharmacy or pharmacist to collect, or (iii) requiring an enrollee to make, a copayment for a covered prescription drug in an amount that exceeds the least of the applicable copayment for the prescription drug that would be payable in the absence of this section or the cash price the enrollee would pay for the prescription drug if the enrollee purchased the prescription drug without using the enrollee's health plan. The measure requires provider contracts between a health carrier or its pharmacy benefits manager and a pharmacy or its contracting agent shall contain specific provisions that allow a pharmacy to (a) disclose to an enrollee information relating to the provisions of this section and the availability of a more affordable therapeutically equivalent prescription drug; (b) sell a more affordable therapeutically equivalent prescription drug to an enrollee if one is available; and (c) offer and provide direct and limited delivery services to an enrollee as an ancillary service of the pharmacy. This section shall apply with respect to provider contracts entered into, amended, extended, or renewed on or after January 1, 2019.

A BILL to amend the Code of Virginia by adding a section numbered 38.2-3407.15:4, relating to carrier business practices; contracts with pharmacies and pharmacists; amounts charged to an enrollee for covered prescription drugs; disclosure of less expensive alternatives to using enrollee's health plan.

18106486D

H.B. 1205 Nonstock corporations; members' meetings.

Patron: Cline

Nonstock corporations; members' meetings. Authorizes the board of directors of a nonstock corporation to determine that any meeting of members not be held at any place and instead be held by means of remote communication, if the articles of incorporation or bylaws do not require the meeting to be held at a place.

A BILL to amend and reenact §§ 13.1-838, 13.1-839, 13.1-842, 13.1-844.2, and 13.1-845 of the Code of Virginia, relating to nonstock corporations; meetings of members.

18102870D

H.B. 1208 Banks; authorized to operate a branch office under a different name.

Patron: Hugo

Banks; branch offices. Authorizes a bank to operate a branch office under a different name if such name contains language clearly indicating that it is a branch office of the bank or a division of the bank. Currently, a different name may be used for a branch office if it indicates that it is a branch office and indicates the bank of which it is a branch office.

A BILL to amend and reenact § 6.2-834 of the Code of Virginia, relating to banks; operation of branch offices under different name.

18102277D

H.B. 1293 Unemployment compensation; increases penalty for failure to file reports.

Patron: Delaney

Unemployment compensation; penalty for failure to file reports. Increases the penalty, from $75 to $100, that the Virginia Employment Commission is required to assess an employer who fails to file a report required under Title 60.2 (Unemployment Compensation) with respect to wages or taxes.

A BILL to amend and reenact § 60.2-513 of the Code of Virginia, relating to failure to file reports; penalty.

18102517D

H.B. 1388 Enhanced Public Safety Telephone Services Act; implementation of 9-1-1 (NG9-1-1) services.

Patron: Leftwich

Enhanced Public Safety Telephone Services Act. Establishes requirements regarding the implementation of next generation 9-1-1 (NG9-1-1) service. By July 1, 2023, the 9-1-1 Services Board (the Board) is required to develop and implement NG9-1-1 transition plans to migrate public service answering points and originating service providers from E-911 to NG9-1-1. The measure alters the formula and criteria for the Board's distribution of funds from the Wireless E-911 Fund. The measure also repeals provisions regarding (i) notices that providers of Voice over Internet protocol service are required to give to subscribers regarding access to E-911 service; (ii) plans for access by Voice over Internet protocol service subscribers to obtain E-911 service; and (iii) the Board's Wireless Carrier E-911 Cost Recovery Subcommittee.

A BILL to amend and reenact §§ 2.2-3705.6, 2.2-3711, 56-1.3, 56-484.12, 56-484.16, and 56-484.17 of the Code of Virginia and to repeal §§ 56-484.12:1, 56-484.12:2, and 56-484.15 of the Code of Virginia, relating to the Enhanced Public Safety Telephone Services Act.

18103886D

H.B. 1427 Wireless support structures; public rights-of-way use fees established.

Patron: Kilgore

Wireless support structures; public rights-of-way use fees. Establishes an annual wireless support structure public rights-of-way use fee to be charged to wireless services providers and wireless infrastructure providers in connection with a permit for occupation and use of the public rights-of-way under the jurisdiction of the Department of Transportation (VDOT) or a locality for the construction of new wireless support structures. The amount of the use fee is (i) $1,000 for any wireless support structure at or below 50 feet in height; (ii) $3,000 for any wireless support structure above 50 feet and at or below 120 feet in height; (iii) $5,000 for any wireless support structure above 120 feet in height; and (iv) $1 per square foot for any other equipment, shelter, or associated facilities constructed on the ground. The measure provides that the use fee amounts shall be adjusted every five years on the basis of inflation. The measure also provides that an existing agreement, contract, license, easement, or permit allowing the use of the public rights-of-way by a wireless services provider or wireless infrastructure provider may be enforced by VDOT or the locality only until the current term of the agreement, contract, license, easement, or permit expires.

A BILL to amend the Code of Virginia by adding in Chapter 15.1 of Title 56 a section numbered 56-484.32, relating to wireless support structures; public rights-of-way use fees.

18104250D

H.B. 1486 Va. Life, Accident & Sickness Insurance Guaranty Assoc.; assessments for long-term care insurance.

Patron: Kilgore

Virginia Life, Accident and Sickness Insurance Guaranty Association. Amends the methodology for allocating assessments for long-term care insurance written by an impaired or insolvent insurer. The measure requires that 50 percent of such assessments be allocated to health insurers and 50 percent to life insurers. The measure provides that health maintenance organizations (HMOs) will participate in the Guaranty Association. Provisions that established an alternative method to address insolvencies of HMOs are repealed. The measure also updates terminology and makes conforming amendments based on proposed changes to the National Association of Insurance Commissioner's Life and Health Insurance Guaranty Association model act.

A BILL to amend and reenact §§ 38.2-1016.1, 38.2-1700 through 38.2-1710, 38.2-1714, 38.2-1715, 38.2-4302, 38.2-4310, 38.2-4319, 38.2-5506, 38.2-5509, 38.2-5510, and 55-532 of the Code of Virginia and to repeal §§ 38.2-4317 and 38.2-4317.1 of the Code of Virginia, relating to the Virginia Life, Accident and Sickness Insurance Guaranty Association.

18106602D

H.B. 1555 Hydroelectric plant; revenue sharing agreement among certain localities.

Patron: Pillion

Hydroelectric plant revenue sharing agreement among certain localities. Requires the Counties of Buchanan, Dickenson, Lee, Russell, Scott, Tazewell, and Wise and the City of Norton to enter into a perpetual revenue sharing agreement regarding a certain electric storage or generation facility to be located in one of these localities. The measure establishes the percentage of the revenue to be allocated to each locality and provides that the host locality shall receive an additional share of six percent of the revenue. Any direct costs of infrastructure improvements incurred by the host locality for purposes of the facility will be allocated among the localities in the same proportion as the revenues from the facility.

 A BILL to require a hydroelectric plant revenue sharing agreement among certain localities.

18106283D

H.B. 1558 Electric utility regulation; grid modernization, energy efficiency programs.

Patron: Kilgore

Electric utility regulation. Provides that, in lieu of the biennial review proceedings previously required, Dominion Energy Virginia (DEV) and Appalachian Power (APCo) will be subject to triennial reviews of their rates, terms, and conditions for generation, distribution, and transmission services. The measure advances the termination of the Transitional Rate Period for DEV by three years, to December 31, 2016. The termination of the Transitional Rate Period for APCo remains December 31, 2017. DEV's first review after its Transitional Rate Period will be held in 2021, which is one year earlier than currently scheduled, and will utilize the four 12-month test periods beginning January 1, 2017, and ending December 31, 2020. APCo's first review after its Transitional Rate Period will be held in 2020, which is unchanged, and will utilize the three 12-month test periods beginning January 1, 2017, and ending December 31, 2019. The measure also: (i) requires the State Corporation Commission (SCC) to enter its final order on petitions for approval of a voluntary rate or rate design test or experiment by the earlier of not more than six months after the filing of the petition or three months after the hearing on the petition; (ii) excludes from the definition of "public utility" for purposes of the Utility Facility Act a company that provides storage of electric energy that is not for sale to the public, if the company is not organized as a public utility; (iii) authorizes an investor-owned electric utility, if a cable operator does not elect to relocate facilities underground when the electric utility relocates its facilities underground, to either convey poles to the cable operator or retain ownership of the poles; (iv) provides that an energy efficiency program proposed by an electric or natural gas utility is in the public interest if the net present value of the benefits exceeds the net present value of the costs as determined by any three of four benefit cost tests; (v) exempts large general service customers from being charged any costs of new energy efficiency programs; (vi) establishes a new rate adjustment clause category for expenses of electric distribution grid transformation projects, which include advanced metering infrastructure, intelligent grid devices, automated control systems for electric distribution circuits and substations, communications networks for service meters, certain distribution system hardening projects, physical security measures at key distribution substations, cyber security measures, certain energy storage systems and microgrids, electrical facilities and infrastructure for electric vehicle charging systems, LED street light conversions, and new customer information platforms; (vii) declares that electric distribution grid transformation projects are in the public interest; (viii) provides that the costs of such projects may be recovered either through a rate adjustment clause or through a customer credit reinvestment offset; (ix) directs the SCC to approve, without consideration of their reasonableness or prudence, the costs of the conversion of an investor-owned electric utility's existing overhead distribution tap lines with new underground facilities if the average cost per customer does not exceed $20,000 and the costs per mile do not exceed $750,000; (x) requires SCC to enter an order on a petition for approval of an electric distribution grid transformation project within six months after the petition's filing; (xi) increases the amount of capacity of solar and wind generation facilities constructed by a utility that are in the public interest from 50 megawatts to 5,000 megawatts, including rooftop solar installations with a capacity of not less than 50 kilowatts; (xii) declares that electric distribution grid transformation projects, offshore wind generation facilities with a capacity of not more than 16 megawatts, and all onshore wind generation facilities, are in the public interest and that the costs thereof may be recovered either through a rate adjustment clause or through a customer credit reinvestment offset; (xiii) provides that if DEV has not commenced construction of an offshore wind generation facility by July 1, 2023, the SCC may cease its rate adjustment clause and roll the costs into its rate base without increasing base rates; (xiv) requires certain costs related to generation plant facilities fueled by coal, natural gas, or oil or for automated meter reading electric distribution service meters and costs associated with projects necessary to comply with state or federal environmental laws, regulations, or judicial or administrative orders relating to coal combustion by-product management that the utility does not petition to recover through a rate adjustment clause to be deemed to have been recovered through customer rates during the test period under review unless doing so would place the utility in an under-earning position, in which event the SCC is required to authorize deferred recovery of such costs and allow the utility to amortize and recover the deferred costs over future periods; (xv) bars the SCC, in the first triennial review proceeding conducted after January 1, 2021, from ordering a rate increase for DEV and from ordering a rate decrease of more than $50 million; (xvi) allows utilities to reduce or eliminate amounts of overearnings that otherwise would be required to be credited to customers by applying a customer credit reinvestment offset for expenses on new solar and wind generation facilities and electric distribution grid transformation projects, if the utility has invested in such projects an amount not less than 100 percent of amount of its overearnings; (xvii) provides that costs associated with new utility-owned solar or wind generation facilities or with electric distribution grid transformation projects that are the subject of a customer credit reinvestment offset are not recoverable through the utility's base rates or a rate adjustment clause; (xviii) requires APCo to continue funding its pilot program for energy assistance and weatherization for low-income, elderly, and disabled individuals at no less than the existing levels, and requires DEV to fund its similar pilot program at no less than $13 million annually; (xix) directs the SCC to find that prior to January 1, 2024, the construction or purchase by a public utility of certain solar or wind generation facilities, or the purchase by a public utility of energy, capacity, and environmental attributes from such solar facilities is in the public interest, and requires 25 percent of the generation capacity from such facilities to be from the purchase by a public utility of energy, capacity, and environmental attributes from solar facilities owned by persons other than a public utility; (xx) requires all of such solar generation capacity located in the Commonwealth to be subject to competitive procurement but allows a public utility to select solar generation capacity without regard to whether such selection satisfies price criteria if the selection of the solar generating capacity materially advances non-price criteria if such non-price solar generating capacity selected does not exceed 25 percent of the utility's solar generating capacity; (xxi) requires electric utilities to file updates its integrated resource plan (IRP) in each year immediately preceding the year the utility is subject to a triennial review filing rather than annually; and (xxii) requires each electric utility's IRP to evaluate long-term electric distribution grid planning and proposed electric distribution grid transformation projects and developing a long-term plan for energy efficiency measures to accomplish policy goals of reduction in customer bills, reduction in emissions, and reduction in carbon intensity. The provision creating the customer credit reinvestment offset expires on July 1, 2028. The measure also includes enactment clauses that (a) establish a pilot program consisting of the approval of the underground construction of two electrical transmission lines and directs the SCC to approve as a qualifying project a transmission line that appears to track the I-66 Hybrid Route that has been considered in the application of DEV for the Haymarket transmission line project in Prince William County and approve a rate adjustment clause to allow the utility to recover from the utility's Virginia jurisdictional customers the costs of the project; (b) bar APCo bar from recovering $10 million of incurred fuel costs; (c) require DEV to provide current customers voluntary bill credits of $133 million in 2018 and $67 million in 2019; (d) require reductions in the rates for incumbent electric utilities to reflect reductions in federal tax liability resulting from the enactment of federal tax legislation, including reductions in 2018 of $50 million by APCo and $125 million by DEV; (e) direct the SCC to conduct pilot programs for the deployment of electric power storage batteries with capacity limits of up to 10 MW for APCo and 30 MW for DEV; (f) allow certain large nonresidential customers that enter into a three-year minimum exclusive supply agreement to receive a Manufacturing and Commercial Competitiveness Retention Credit that reduces their base generation charges by two percent; (h) require DEV to consider in its next IRP whether the construction or purchase of one or more generation facilities with at least one MW of generating capacity that use combined heat and power or waste heat to power are in the customer interest; (i) require APCo and DEV to investigate the feasibility of providing broadband Internet services using utility distribution and transmission infrastructure; (j) require the SCC to submit annual reports that assess, among other things, new construction and development of new utility-owned and utility-operated generating facilities utilizing energy derived from sunlight; (k) require APCo and DEV to develop programs of energy conservation measures, with APCo's program costing not less than $140 million and DEV's program costing not less than $870 million; (l) require APCo and DEV to investigate and report upon its economic development activities and assistance provided to Virginia localities in the area of economic development in each utility's respective service area; (m) require APCo and DEV to investigate potential improvements to net energy metering programs; (n) require DEV's IRPs to incorporate policy goals of reduction in customer bills, reduction in emissions, and reduction in the utility's carbon intensity; (o) require the SCC to submit annual reports assessing the reliability of electrical transmission or distribution systems, the integration of utility-owned or customer-owned renewable electric generation resources with the utility's electric distribution grid, the level of investment in generation, transmission, or distribution of electricity, and related matters; (p) provide that the provisions of this measure apply retroactively to applications regarding new underground facilities or offshore wind facilities pending with the SCC on or after January 1, 2018; (q) require APCo, subject to SCC approval, by July 1, 2018, to construct or acquire solar generation facilities in Virginia with an aggregate capacity of not less than 200 MW; (r) provide that no more than one half of the combined capital investment amount attributable to investments in new utility-owned solar or wind generation facilities, electric distribution grid transformation projects, undergrounding distribution facilities, undergrounding two transmission lines, and energy efficiency programs shall be investments in undergrounding distribution facilities, undergrounding two transmission lines, and electric grid distribution transformation projects solely designed for physical security at distribution substations; and (s) requires the SCC to report after each triennial review on all investments made by the utility during the test period or periods under review in new utility-owned generation facilities utilizing energy derived from sunlight or from onshore or offshore wind and electric distribution grid transformation projects, with analysis of the financial effects of such investments.

A BILL to amend and reenact §§ 56-234, 56-265.1, 56-466.2, 56-576, 56-585.1, 56-585.1:1, 56-585.1:2, 56-599, and 56-600 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 56-585.1:4, relating to electric utility regulation; grid modernization; energy efficiency programs; schedule for rate review proceedings; Transitional Rate Period; energy storage facilities; electric distribution grid transformation projects; wind and solar generation facilities; coal combustion by-product management; pilot programs; undergrounding electrical transmission lines; fuel factor; bill credits; rate reductions attributable to changes in federal tax law; relocation of cable facilities; integrated resource planning; natural gas utility efficiency programs.

18106949D

H.B. 1559 Action without a meeting; articles of incorporation of a public corporation.

Patron: O'Quinn

Stock corporations; action by shareholders without meeting. Creates an exception to the provision that authorizes shareholders of a corporation to act without a meeting by less than unanimous written consent of the shareholders. The exception states that if the articles of incorporation or bylaws of a public corporation allow the holders of 30 percent or fewer of all votes entitled to be cast to demand the calling of a special meeting of shareholders, such provision authorizing less-than-unanimous shareholder action shall not apply. A public corporation is a corporation that has shares listed on a national securities exchange or regularly traded in a market maintained by one or more members of a national or affiliated securities association. The measure does not apply if a public corporation's articles of incorporation authorized action by shareholders by less than unanimous consent as of April 1, 2018.

A BILL to amend and reenact § 13.1-657 of the Code of Virginia, relating to stock corporations; action by shareholders without meeting.

18105548D