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2023 SESSION

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Senate Committee on Commerce and Labor

Chair: Richard L. Saslaw

Clerk: Hobie Lehman, Hannah Dockery
Staff: Thomas Stevens, Marvi Ali
Date of Meeting: January 23, 2023
Time and Place: 15 mins after adjourn / Senate Room A
https://virginia-senate.granicus.com/ViewPublisher.php?view_id=3

S.B. 849

Patron: Chase

Public utilities; customer consent to install smart meter. Prohibits a public utility from installing a smart meter, defined in the bill, on the premises of a customer without first obtaining such customer's consent to such installation. The bill requires a public utility, for any smart meter installed by a public utility prior to July 1, 2023, to provide the customer an opportunity to consent to the previous installation. The bill requires a public utility to offer to remove a smart meter without cost to the customer that was installed without obtaining the customer's consent. The bill prohibits a public utility from (i) discontinuing service to a customer who does not consent to the installation of a smart meter; (ii) charging a fee, assessment, or higher rate to a customer who does not consent to the installation of a smart meter; or (iii) providing or offering to provide discounted rates to a customer in exchange for obtaining the customer%92s consent to install a smart meter.

A BILL to amend and reenact § 56-245.1 of the Code of Virginia, relating to public utilities; customer consent to install smart meter.

23102376D

S.B. 927

Patron: Favola

Ethics and fairness in carrier business practices; failure to comply. Provides that any provider or person that submits a complaint to the State Corporation Commission alleging a violation of carrier or provider business practices may request a determination from the Commission of whether a carrier has failed to implement minimum fair business standards as required by the Code. Under the bill, the Commission may require a carrier to make an interim payment to a complainant for the claims in controversy. If the Commission determines that a carrier has failed to comply with the minimum fair business standards, the carrier must submit a plan of corrective action to the Commission and complainant within 30 days of the Commission's decision. The bill also permits any provider for which the Commission determines that a carrier has failed to implement minimum fair business standards to file an action to recover actual damages and obtain other injunctive relief.

A BILL to amend and reenact § 38.2-3407.15 of the Code of Virginia, relating to ethics and fairness in carrier business practices; failure to comply.

23102139D

S.B. 984

Patron: Mason

Electric utilities; net metering. Provides that a contract that provides for the ownership, maintenance, or operation of an electrical generating facility by a third party through a lease agreement with fixed monthly payments does not constitute the sale of electricity and does not cause an eligible customer-generator or the third party that owns, maintains, or operates the electrical generating facility through such a lease agreement to be considered an electric utility. The bill prohibits an eligible customer-generator or eligible agricultural customer-generator from being required to provide proof of liability insurance or to purchase additional liability insurance as a condition of interconnection. The bill exempts eligible customer-generators and eligible agricultural customer-generators that operate a battery storage device in conjunction with an electrical generating facility from standby charges. The bill provides that net metering provisions do not limit the ability of an eligible customer-generator or eligible agricultural customer-generator to participate in a distributed energy resource aggregation or other retail program involving demand response, energy efficiency, or peak reduction from dispatch of onsite battery service, provided that the compensation received is in exchange for a distinct service that is not already compensated by net metering credits for electricity exported to the electric distribution system.

A BILL to amend and reenact §§ 56-594 and 56-594.02 of the Code of Virginia, relating to electric utilities; net metering; eligible customer-generators and eligible agricultural customer-generators.

23101495D

S.B. 1003

Patron: DeSteph

Health insurance; mandated coverage for hearing aids for minors. Requires health insurers, health maintenance organizations, and corporations providing health care coverage subscription contracts to provide coverage for hearing aids and related services for children 18 years of age or younger when an otolaryngologist recommends such hearing aids and related services. The coverage includes one hearing aid per hearing-impaired ear, up to a cost of $1,500, every 24 months. The measure applies to policies, contracts, and plans delivered, issued for delivery, or renewed on and after January 1, 2024.

A BILL to amend and reenact § 38.2-4319, as it is currently effective and as it may become effective, of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 38.2-3418.21, relating to health insurance coverage for hearing aids for children 18 years of age or younger.

23101628D

S.B. 1018

Patron: Edwards

Railroad companies; notice of certain action; sale or transfer of railroad rights-of-way or related facilities. Requires a railroad company operating in the Commonwealth that submits an application to the federal government for consolidation, merger, abandonment, or discontinuance to notify, in addition to the State Corporation Commission and the Governor, the Secretary of Transportation, the Secretary of Natural Resources, the Director of the Department of Rail and Public Transportation, and the Executive Director of the Virginia Passenger Rail Authority of such action.

The bill prohibits a railroad company operating or previously operating in the Commonwealth from selling or transferring railroad rights-of-way or related facilities within the Commonwealth without first offering such rights-of-way or facilities to the Department of Transportation or its designee. Under the bill, the Department is required to respond to the offer within 120 days. The bill provides that if the Department or its designee rejects the offer or 120 days have elapsed without an extension of the offer by mutual agreement, the railroad company may sell or transfer the rights-of-way or facilities to another party. The bill prohibits the railroad company from selling or transferring the rights-of-way or facilities to another party under terms more favorable than offered to the Department or its designee.

A BILL to amend and reenact § 56-345.1 of the Code of Virginia and to amend the Code of Virginia by adding in Article 1 of Chapter 13 of Title 56 a section numbered 56-345.2, relating to railroad companies; notice of certain action; sale or transfer of railroad rights-of-way or related facilities.

23102961D

S.B. 1029

Patron: Stanley

Public utilities; fiber optic broadband lines crossing railroads. Provides that a broadband service provider, in the construction of its works, may cross the works of a railroad company if the crossing does not interfere with the works and operations of the railroad company and is designed to prevent damage to the works of the railroad and ensure the safety of its passengers. The bill requires the broadband service provider give notice to the railroad company and pay a fee of $750 for each crossing. The bill provides that a railroad company may petition the State Corporation Commission if it asserts that the crossing will cause undue hardship on the railroad company or create the imminent likelihood of danger to public health or safety and authorizes the Commission to suspend the work of the crossing while making a determination on such petition. The bill provides that for a crossing over an abandoned section of track there is no requirement for the broadband company to pay the fee and no opportunity for the railroad company to petition the Commission.

A BILL to amend and reenact § 56-1 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 56-16.3, relating to public utilities; fiber optic broadband lines crossing railroads.

23101619D

S.B. 1075

Patron: Ruff

Phase I Utilities; annual rate true-up reviews. Limits the amounts that are recoverable by a Phase I Utility pursuant to a rate adjustment clause approved by the State Corporation Commission as part of a utility's triennial review proceeding based on existing provisions of the Code. The bill establishes annual rate true-up (ART) reviews beginning no later than March 31, 2025, and annually thereafter, for rates, terms, and conditions for the provision of generation and distribution services by a Phase I Utility that has participated in triennial review proceedings in 2020 and 2023. The bill outlines requirements for the Commission in conducting ART reviews and states which costs are to be considered reasonable and prudent to be recoverable by the utility. The Commission is required to enter a final order following an ART review proceeding that determines the utility's costs and revenues and the revenue requirement for the utility to implement during the subsequent calendar year. The bill removes the requirement for a Phase I Utility to file an integrated resource plan with the Commission.

A BILL to amend and reenact §§ 56-585.1 and 56-597 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 56-585.8, relating to Phase I Utilities; annual rate true-up reviews.

23102953D

S.B. 1120

Patron: Stanley

Virginia Employment Commission; authorized representative or member of Commission; powers. Provides that the Commissioner of the Virginia Employment Commission has the authority to authorize any representative or member of the Commission to have the power to administer oaths and affirmations, take depositions, certify to official acts, and issue subpoenas to compel the attendance of witnesses and the production of books, papers, correspondence, memoranda, and other records deemed necessary as evidence in connection with the investigation or adjudication of any disputed claim or the administration of the Virginia Unemployment Compensation Act.

A BILL to amend and reenact § 60.2-111 of the Code of Virginia, relating to the Virginia Employment Commission; authorized representative or member of Commission; powers.

23101271D

S.B. 1121

Patron: Hackworth

Electric utilities; renewable energy; coal mine methane. Provides that for the purpose of the Virginia Electric Utility Regulation Act, renewable energy includes coal mine methane, defined in the bill as methane contained within a worked-out area of an underground coal mine that will eventually escape to the surface via vents, fissures, or ventilation holes.

A BILL to amend and reenact § 56-576 of the Code of Virginia, relating to electric utilities; renewable energy; coal mine methane.

23100964D

S.B. 1145

Patron: McPike

Underground Utility Damage Prevention Act. Makes various changes to the Underground Utility Damage Prevention Act. The bill (i) requires excavators to review updates in the 811 positive response system and conduct additional safety verifications before digging, (ii) allows an excavator to schedule a locate request 12 days in advance, (iii) grants stop work authority to State Corporation Commission representatives if they encounter a threat to public safety or property, (iv) creates a criminal penalty for any person who knowingly excavates in violation of the Act and fails or refuses to stop work after being requested to do so, (v) increases from $2,500 to $10,000 the maximum civil penalty for violations of the Act, and (vi) updates notification requirements.

A BILL to amend and reenact §§ 56-265.15, 56-265.16:1, 56-265.17, 56-265.17:3, 56-265.18, 56-265.19, 56-265.22, 56-265.24, 56-265.31, and 56-265.32 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 56-265.24:1, relating to Underground Utility Damage Prevention Act; schedule of excavation; stop work authority; penalties.

23103926D

S.B. 1153

Patron: Lewis

Financial institutions; certain investments by banks permitted. Provides that the prohibition on a bank from investing its funds in certain entities does not prevent a bank from (i) investing in (a) a community development corporation; (b) an entity formed primarily to support community-based economic development; (c) an entity qualifying for the federal new markets tax credit; (d) an entity formed for a predominantly civic, community, or public purpose; (e) an entity making qualified rehabilitation expenditures with respect to a qualified rehabilitated building or certified historic structure, or a similar state historic tax credit program; or (f) a rural business investment company; (ii) engaging in any tax equity finance transaction permissible for a national back or federal savings association; or (iii) investing, subject to such conditions as the Commissioner of Financial Institutions may prescribe, in any community and economic development entity, community development project, or other public welfare investment.

A BILL to amend and reenact §§ 6.2-800 and 6.2-874 of the Code of Virginia, relating to financial institutions; certain investments by banks permitted.

23102340D

S.B. 1154

Patron: Mason

Health insurance; provider credentialing; processing of new applications. Requires a health insurance carrier that credentials the physicians, mental health professionals, or other providers in its network to establish reasonable protocols and procedures for processing of new provider credentialing applications. The bill requires such protocols and procedures to require the carrier to to approve or deny new provider credentialing applications within 60 days of receiving a completed application and to provide notice to the new provider applicant that the provider's application is received and complete. The bill also requires payment no later than 30 days after the carrier approves the new provider credentialing application for services that are rendered from the date the new provider applicant's completed credentialing application is provided to the carrier for consideration.

A BILL to amend and reenact § 38.2-3407.10:1 of the Code of Virginia, relating to health insurance; provider credentialing; processing of new provider applications.

23102836D

S.B. 1157

Patron: Marsden

Health insurance; coverage for audio-only telehealth services. Requires health insurers, health care subscription plans, and health maintenance organizations to provide coverage beginning January 1, 2024, for the cost of health care services provided through audio-only telehealth services, defined in the bill as counseling interventions designed to facilitate a patient's achievement of human development goals and remediate mental, emotional, or behavioral disorders and associated distresses that interfere with mental health and development by a mental health professional delivered to a patient via audio-only means when no other means of real-time two-way audio-visual or other telecommunications or electronic communications are available and operational to the patient or the patient does not have the capability to use such real-time two-way means of communication. The bill provides that "audio-only telehealth services" does not include counseling interventions delivered by a mental health professional while such mental health professional is operating or riding in a motor vehicle unless the patient is experiencing an acute mental health crisis. The bill requires that prescribing of controlled substances via audio-only telehealth services comply with state requirements for prescribing controlled substances and all applicable federal law.

A BILL to amend and reenact § 38.2-3418.2 of the Code of Virginia, relating to health insurance; coverage for audio-only telehealth services.

23104016D

S.B. 1166

Patron: Surovell


Energy planning and electric utility oversight. Requires the Commission on Electric Utility Regulation (the Commission) to establish the Commonwealth Energy Research Consortium (the Consortium), consisting of public institutions of higher education in the Commonwealth, to conduct energy research and policy analysis for the Commonwealth. The bill requires the Commission to distribute funds from the Commonwealth Energy Research Fund, created by the bill, to the Consortium to (i) conduct energy and environmental research that furthers the Commonwealth Clean Energy Policy; (ii) provide objective analysis and planning to guide decisions in the public and private sectors, including analysis of potential legislation; (iii) identify programs that would reduce energy costs to consumers; and (iv) create a statewide energy efficiency strategy.

The bill increases from 10 to 13 the membership of the Commission by adding three nonlegislative citizen members; requires the Commission to meet twice annually and to receive an annual report from the State Corporation Commission by November 1 regarding the implementation of the Virginia Electric Utility Regulation Act; requires newly appointed members of the Commission to receive an orientation on electric utility regulation from the State Corporation Commission; authorizes the Commission to employ an executive director and such other persons as it deems necessary and to employ experts who have knowledge of the issues before it; and extends the expiration of the Commission from July 1, 2024, to July 1, 2029. The bill requires the Commission to (a) monitor applications by the Commonwealth for grants and awards for energy projects from the federal government; (b) establish the Commonwealth Energy Research Consortium and distribute funds from the Commonwealth Energy Research Fund; (c) consider legislation referred to it during any session of the General Assembly or other requests by members of the General Assembly; and (d) conduct studies and gather information and data in order to accomplish its purposes.

The bill requires the Division of Renewable Energy and Energy Efficiency of the Department of Energy to present a draft of the Virginia Energy Plan or any updates to the Plan to the Virginia Coal and Energy Commission and the Commission on Electric Utility Regulation at a public meeting and to present the final Plan to the Commission on Electric Utility Regulation at a public meeting.

The bill requires investor-owned electric utilities, as part of preparing any integrated resource plan, to make a draft of their updated integrated resource plan available to the public and to conduct outreach to engage the public and provide opportunities for the public to contribute information and ideas or make inquiries regarding the integrated resource plan. Additionally, the bill requires such electric utilities to conduct an ongoing stakeholder review process for the purpose of considering, and inviting stakeholder input and review on, changes to the utility's integrated resource plan development methodology and modeling inputs and assumptions.

A BILL to amend and reenact §§ 30-202 through 30-206, 30-209, 45.2-1711, 45.2-1712, 45.2-1713, and 56-599 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 30-205.1, relating to energy planning and electric utility oversight; Commission on Electricity Utility Regulation; membership, meetings, powers and duties, and staffing; Commonwealth Energy Research Consortium and Fund established; Virginia Energy Plan; public presentation of plan draft; electric utilities; integrated resource plans; stakeholder groups and public outreach required.

23104221D

S.B. 1171

Patron: Dunnavant

Association health plans; premium rates based on employer member's risk profile. Provides that for association health plans, an insurer may (i) establish base rates formed on an actuarially sound, modified community rating methodology that considers the pooling of all participant claims and (ii) utilize each employer member's specific risk profile to determine premium rates for each employer member by actuarially adjusting above or below established base rates.

A BILL to amend and reenact § 38.2-3521.1 of the Code of Virginia, relating to association health plans; premium rates based on employer member's risk profile.

23104234D

S.B. 1189

Patron: Dunnavant

Disability insurance; disability arising out of childbirth. Requires each insurer proposing to issue individual or group accident and sickness insurance policies providing short-term disability income protection coverage whose policies provide coverage for short-term disability arising out of childbirth to, notwithstanding a disability determination or medical necessity requirement, provide for 12 weeks of income protection coverage for a payable benefit of at least 12 weeks immediately following childbirth.

A BILL to amend and reenact § 38.2-3407.11:4 of the Code of Virginia, relating to disability insurance; disability arising out of childbirth.

23101955D

S.B. 1208

Patron: Reeves

Virginia Economic Development Partnership Authority; Virginia-Taiwan Trade Office. Directs the Virginia Economic Development Partnership Authority to coordinate with the government of Taiwan to establish a Virginia-Taiwan Trade Office to serve as the official representation of Virginia in Taiwan and to promote and offer services related to economic development, trade, education, and cultural exchanges and interests between Virginia and Taiwan.

A BILL to amend the Code of Virginia by adding a section numbered 2.2-2238.2, relating to Virginia Economic Development Partnership Authority; Virginia-Taiwan Trade Office.

23103365D

S.B. 1261

Patron: Dunnavant


Health insurance; electronic prior authorization and disclosure of certain prescription drug information; report. Requires each health insurance carrier, beginning July 1, 2025, to establish and maintain an online process that (i) links directly to all e-prescribing systems and electronic health record systems that utilize the National Council for Prescription Drug Programs SCRIPT standard; (ii) can accept electronic prior authorization requests from a provider; (iii) can approve electronic prior authorization requests (a) for which no additional information is needed by the carrier to process the prior authorization request, (b) for which no clinical review is required, and (c) that meet the carrier's criteria for approval; and (iv) otherwise meets the requirements for contracts between carriers and participating health care providers. The bill prohibits a carrier from (a) imposing a fee or charge on any person for accessing the required online process who is required to do so or (b) accessing, absent provider consent, provider data via the online process other than for the enrollee. The bill also requires carriers, no later than July 1, 2024, to provide contact information of any third-party vendor or other entity the carrier will use to meet the requirements of the bill to any provider that requests such information. The carrier may post such information on its website to meet such requirement.

The bill requires participating health care providers, beginning July 1, 2025, to ensure that any e-prescribing system or electronic health record system owned by or contracted for the provider to maintain an enrollee's health record has the ability to access, at the point of prescribing, the electronic prior authorization process established by a carrier as required by subdivision 15 and the real-time patient-specific benefit information, including out-of-pocket costs and more affordable medication alternatives made available by a carrier. The bill provides that a provider may request a waiver of compliance for undue hardship for a period not to exceed 12 months. The bill requires any carrier or its pharmacy benefits manager to provide, at the point of prescribing, real-time patient-specific benefit information to enrollees and contracted providers for the encounter, including any out-of-pocket costs and more affordable medication alternatives or prior authorization requirements, and to ensure that the data is accurate. The bill requires that such cost information data be available to the provider in an accessible and understandable format, such as through the provider's e-prescribing system or electronic health record system that the carrier or pharmacy benefits manager or its designated subcontractor has adopted that utilizes the National Council for Prescription Drug Programs SCRIPT standard from which the provider makes the request.

The bill requires the State Corporation Commission's Bureau of Insurance to, in coordination with the Secretary of Health and Human Resources, establish a work group to (1) assess progress toward implementing electronic prior authorization and real-time cost benefit information for prescription drugs, as required by the bill, including monitoring and evaluating the impact of any state or federal developments; (2) evaluate and make recommendations to establish a process for electronic prior authorization for surgery and other procedures; (3) evaluate and make recommendations to establish an online process for a real-time link at the point of prescribing for any available prescription coupons, and (4) identify and make recommendations for any additional statutory changes required to facilitate such implementation. The work group shall include relevant stakeholders, including representatives from the Virginia Association of Health Plans, the Medical Society of Virginia, the Virginia Hospital and Healthcare Association, the Virginia Pharmacists Association, and other parties with an interest in the underlying technology. The work group shall report its findings and recommendations to the Chairmen of the Senate Committees on Commerce and Labor and Education and Health and the House Committees on Commerce and Energy and Health, Welfare and Institutions annually by November 1 and shall make its final report by November 1, 2025.

A BILL to amend and reenact § 38.2-3407.15:2 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 38.2-3407.15:7, relating to health insurance; electronic prior authorization and disclosure of certain information; out-of-pocket costs; report.

23103745D

S.B. 1273

Patron: Boysko

Health insurance; doula care services. Requires health insurers, health care subscription plans, and health maintenance organizations whose policy, contract, or plan includes coverage for obstetrical services to provide coverage for doula care services provided by a state-certified doula. The bill requires such coverage to include coverage for at least eight visits during the antepartum or postpartum period and support during labor and delivery. The bill provides that health insurance carriers are (i) not required to pay for duplicate services actually rendered by both a state-certified doula and another health care provider and (ii) prohibited from requiring supervision, signature, or referral by any other health care provider as a condition of reimbursement for doula care services, except when those requirements are also applicable to other categories of health care providers. The provisions of the bill apply to health benefit plans delivered, issued for delivery, or renewed in the Commonwealth on and after January 1, 2024.

A BILL to amend and reenact § 38.2-4319, as it is currently effective and as it may become effective, of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 38.2-3414.2, relating to health insurance; coverage for doula care services.

23101407D

S.B. 1285

Patron: Peake

Health insurance; catastrophic plans. Authorizes health carriers to offer catastrophic plans on the individual market and to offer such plans to all individuals. The measure provides that a catastrophic plan is deemed to provide an essential health benefits package and to meet certain requirements of federal law. A catastrophic plan is a high-deductible health care plan that provides essential health benefits and coverage for at least three primary care visits per policy year. Under the federal Patient Protection and Affordable Care Act (P.L. 111-148), as amended, catastrophic plans satisfy requirements that health benefit plans provide minimum levels of coverage only if they cover individuals who are younger than 30 years of age or who qualify for a hardship exemption or affordability exemption. The measure requires the Commissioner of Insurance to apply to the federal government for a State Innovation Waiver allowing the implementation of the provision allowing catastrophic plans to be offered on the individual market to all individuals. The provision will become effective 30 days after the Commissioner notifies certain persons that the request has been approved.

A BILL to amend the Code of Virginia by adding a section numbered 38.2-3446.1, relating to health insurance; catastrophic plans.

23103133D

S.B. 1298

Patron: Deeds

Filling, refilling, or otherwise delivering of liquefied petroleum gas during a qualifying emergency. Provides that when a qualifying emergency, as defined in the bill, is in effect, a residential customer who reasonably believes the amount of liquefied petroleum gas in his liquefied petroleum gas container will be insufficient to meet his heating needs, such customer shall make a good faith effort to procure delivery of liquefied petroleum gas from the owner of the container, but if the owner is unable to fulfill the customer's good faith request within 24 hours, the customer may have an emergency supplier fill, refill, or otherwise deliver liquefied petroleum gas into the customer's container. Under current law, it is a Class 3 misdemeanor for any person except the owner or other person authorized by the owner to fill or refill a liquefied petroleum gas container with liquefied petroleum gas.

A BILL to amend and reenact §§ 18.2-493, 18.2-494, and 18.2-495 of the Code of Virginia, relating to filling, refilling, or otherwise delivering of liquefied petroleum gas during a qualifying emergency.

23100116D

S.B. 1363

Patron: Vogel

Voluntary apprenticeships; persons 16 years of age or older; cosmetology salon. Directs the Commissioner of Labor and Industry to adopt regulations permitting persons 16 years of age or older to serve as voluntary apprentices in a cosmetology salon.

A BILL to direct the Commissioner of Labor and Industry to adopt regulations permitting a person 16 years of age or older to serve as voluntary apprentices in a cosmetology salon.

23100114D

S.B. 1364

Patron: Vogel

Electric utilities; control of smart thermostat prohibited. Prohibits an electric utility from making either ad hoc or scheduled adjustments to a customer's smart thermostat, defined in the bill, regardless of whether such adjustment is part of a curtailment or demand response measure, as part of an energy efficiency program, or is otherwise designed to reduce current or anticipated demand.

A BILL to amend the Code of Virginia by adding in Chapter 23 of Title 56 a section numbered 56-596.5, relating to electric utilities; control of smart thermostat prohibited.

23100518D

S.B. 1370

Patron: Vogel

Electric utilities; pilot program for underground transmission lines; additional project. Adds one project to the existing pilot program for underground transmission lines. The bill requires the State Corporation Commission to approve one additional application filed between January 1, 2023, and October 1, 2023, as a qualifying project to be constructed in whole or in part underground, as a part of the pilot program. The bill requires that the added qualifying project be a newly proposed 230-kilovolt line underground line and that (i) an engineering analysis demonstrates that it is technically feasible to place the proposed line, in whole or in part, underground; (ii) the governing body of each locality in which a portion of the proposed line will be placed underground indicates, by resolution, general community support for the project and that the governing body supports the transmission line to be placed underground; (iii) a project has been filed with the Commission or is pending issuance of a certificate of public convenience and necessity by October 1, 2023; (iv) the estimated additional cost of placing the proposed line, in whole or in part, underground does not exceed $40 million or, if greater than $40 million, the cost does not exceed 2.5 times the cost of placing the same line overhead, assuming accepted industry standards for undergrounding to ensure safety and reliability; if the public utility, the affected localities, and the Commission agree, a proposed underground line whose cost exceeds 2.5 times the cost of placing the line overhead may also be accepted into the pilot program; (v) the public utility requests that the project be considered as a qualifying project under the pilot program; and (vi) the primary need of the project is for purposes of grid reliability or grid resiliency or to support economic development priorities of the Commonwealth, including the economic development priorities and the comprehensive plan of the governing body of the locality in which at least a portion of line will be placed, and not to address aging assets that would have otherwise been replaced in due course.

A BILL to amend and reenact § 56-585.1:5 of the Code of Virginia, relating to electric utilities; pilot program for underground transmission lines; additional project.

23101426D

S.B. 1417

Patron: Suetterlein

Electric utilities; cost recovery; alternative to rate adjustment clause. Provides that in any proceeding regarding petitions for a rate adjustment clause, the State Corporation Commission may, as an alternative to a rate adjustment clause, authorize recovery of any proposed cost through the utility's rates for generation and distribution services, if the Commission, in its discretion, determines that such cost recovery better serves ratepayers while still providing the utility the opportunity to recover its costs and earn a fair rate of return.

A BILL to authorize the State Corporation Commission to authorize recovery of any proposed cost through the utility's rates for generation and distribution services as an alternative to a rate adjustment clause.

23102703D

S.B. 1419

Patron: Suetterlein

Electric utilities; retail competition; renewable energy. Allows individual retail customers of an electric utility to purchase electric energy provided 100 percent from renewable energy from any licensed supplier. The measure eliminates (i) provisions that prohibit such a purchase from a licensed supplier that is an incumbent electric utility that is not the incumbent electric utility serving the exclusive service territory in which the customer is located and (ii) a condition that permits such purchases only if the electric utility serving the applicable exclusive service territory does not offer a tariff for 100 percent renewable energy.

A BILL to amend and reenact § 56-577 of the Code of Virginia, relating to electric utilities; retail competition; renewable energy.

23102725D

S.B. 1420

Patron: Pillion

Business park electric infrastructure program. Makes permanent and amends certain provisions of the Code related to the business park electric infrastructure program conducted by the Virginia Economic Development Partnership. The bill requires that the program be conducted in the service territory or transmission zone of each Phase I and Phase II Utility and permits costs incurred by the utility in installing the business park electric infrastructure to be recovered pursuant to a rate adjustment clause approved by the State Corporation Commission. The bill also requires a utility to obtain a certificate from the Commission prior to constructing business park electric infrastructure and requires the Commission to institute a rulemaking proceeding by September 1, 2023, to establish requirements for the program.

A BILL to amend and reenact §§ 56-585.1 and 56-585.1:10 of the Code of Virginia and to repeal the fourth enactment of Chapter 535 of the Acts of Assembly of 2019, relating to business park electric infrastructure program.

23102041D

S.B. 1464

Patron: Vogel

Virginia Power Innovation Fund and Program; created. Creates the Virginia Power Innovation Fund with funding to be used solely for the purposes of research and development of innovative energy technologies, including nuclear, hydrogen, carbon capture and utilization, and energy storage. The bill also creates the Virginia Power Innovation Program to use moneys from the Fund to (i) establish a Virginia nuclear innovation hub and (ii) award competitive grants to support energy innovation.

A BILL to amend the Code of Virginia by adding in Chapter 17 of Title 45.2 an article numbered 9, consisting of a section numbered 45.2-1734, relating to Virginia Power Innovation Fund and Program; created.

23103588D