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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 30, 2023
Time and Place: 15 minutes after adjournment / Senate Room A, Pocahontas Building
https://virginia-senate.granicus.com/ViewPublisher.php?view_id=3

S.B. 840

Patron: Bell

Department of Labor and Industry; Safety and Health Codes Board; Virginia Occupational Safety and Health Program; use of cranes and derricks in construction; report. Requires the Safety and Health Codes Board (the Board) of the Department of Labor and Industry (the Department) to adopt regulations to the Virginia Occupational Safety and Health Program (VOSH), regarding cranes and derricks in construction, to allow an active load stabilization mechanism or passive load stabilization mechanism, defined in the bill, to be used if necessary to prevent hazardous rotation of a load as determined by the project manager or safety engineer. The bill requires the Department to report the final regulations to the Chairmen of the House Committee on General Laws and the Senate Committee on General Laws and Technology by November 1, 2023.

A BILL to direct the Safety and Health Codes Board of the Department of Labor and Industry to promulgate regulations to update the Virginia Occupational Safety and Health Program. Report.

23102913D

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. 886

Patron: Surovell

Paid sick leave; health care providers and grocery store workers. Requires employers to provide paid sick leave to health care providers and grocery store workers. Under current law, employers are only required to provide paid sick leave to certain home health workers. The bill removes requirements that workers work on average at least 20 hours per week or 90 hours per month to be eligible for paid sick leave. The bill provides that certain health care providers may waive their right to accrue and use paid sick leave and provides an exemption for employers of certain other health care providers. The bill requires the Department of Labor and Industry to develop guidelines for retail employers that sell groceries to provide sick leave and to publish such guidelines by December 1, 2023. The provisions of the bill other than the requirement for the Department of Labor and Industry to develop guidelines have a delayed effective date of January 1, 2024.

A BILL to amend and reenact §§ 40.1-33.3 and 40.1-33.4 of the Code of Virginia, relating to paid sick leave; health care providers and grocery store workers; waiver for certain employees.

23102622D

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. 1040

Patron: McPike

Employer use of use of employee's social security; prohibited; civil penalty. Prohibits an employer from using an employee's social security number or any derivative thereof as such employee's identification number or including an employee's social security number or any number derived thereof on any identification card or badge, any access card or badge, or any other similar card or badge issued to such employee. The bill imposes a civil penalty of up to $100 for any knowing violation of the prohibition.

A BILL to amend the Code of Virginia by adding in Article 1 of Chapter 3 of Title 40.1 a section numbered 40.1-28.7:10, relating to prohibited use of employee's social security number by employer; civil penalty.

23102583D

S.B. 1083

Patrons: Edwards, Surovell

Shared solar programs; Phase I Utility; report. Requires the State Corporation Commission to establish by regulation a shared solar program that allows customers of a Phase I Utility, defined in the bill, to purchase electric power through a subscription in a shared solar facility, defined in the bill as a facility that, among other criteria, generates electricity by means of a solar photovoltaic device with a nameplate capacity that does not exceed 5,000 kilowatts. Under the program, a subscriber receives a bill credit for the proportional output of a shared solar facility attributable to that subscriber. Subscribers are required to pay a minimum bill, established by the Commission, when the bill credit reduces the subscriber's bill below the minimum bill threshold; low-income customers are exempt from the minimum bill. The bill provides that the Commission shall approve a shared solar program of 10 percent of the peak load for customers of a Phase I Utility, and a program facility shall allocate at least 30 percent of its capacity, or savings equivalent, to low-income customers or low-income service organizations. The bill directs the Department of Energy to convene a stakeholder work group for the purposes of developing incentives for certain shared solar projects and report to the Chairmen of the House Committee on Commerce and Energy and the Senate Committee on Commerce and Labor by November 30, 2023.

A BILL to amend the Code of Virginia by adding a section numbered 56-594.4, relating to shared solar programs; Phase I Utility; report.

23104218D

S.B. 1101

Patron: Boysko

Paid family and medical leave program. Requires the Virginia Employment Commission to establish and administer a paid family and medical leave program with benefits beginning January 1, 2026. Under the program, benefits are paid to eligible employees for family and medical leave. Funding for the program is provided through premiums assessed to employers and employees beginning in 2025. The amount of a benefit is 80 percent of the employee's average weekly wage, not to exceed 80 percent of the state weekly wage, which amount is required to be adjusted annually to reflect changes in the statewide average weekly wage. The measure caps the duration of paid leave at 12 weeks in any application year. The bill provides self-employed individuals the option of participating in the program.

A BILL to amend the Code of Virginia by adding in Title 60.2 a chapter numbered 8, consisting of sections numbered 60.2-800 through 60.2-820, relating to the establishment of family and medical leave insurance program; financing through payroll taxes.

23100632D

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. 1125

Patron: Hackworth

Renewable energy portfolio standard requirements; State Corporation Commission authority; report. Requires electric utilities to petition the State Corporation Commission for relief from the requirements of certain provisions of the Code that mandate the retirement of electric generating units that are coal-fired or emit carbon as a by-product of combusting fuel to generate electricity if such requirements would threaten the reliability or security of electric service to customers. Under current law, such electric utilities are permitted to petition the Commission for such relief if such requirements would threaten the reliability or security of electric service to customers. The bill requires investor-owned electric utilities to submit, by December 31, 2024, and annually thereafter, a report to the Governor and the General Assembly concerning the impact of potential power generation retirements on power generation infrastructure in the Commonwealth. The bill directs the State Corporation Commission to review, by December 1, 2025, and annually thereafter, provisions of the Code related to emissions trading programs, renewable energy generation requirements, and renewable energy portfolio standards and submit a report to the Governor and the General Assembly with recommendations for revisions to the Code to improve energy reliability, reduce electricity rates, and incorporate available and emerging electric energy generation technologies.

A BILL to amend and reenact § 56-585.5 of the Code of Virginia, relating to renewable energy portfolio standard requirements; State Corporation Commission authority; report.

23103947D

S.B. 1136

Patron: Boysko

Wage or salary history inquiries prohibited; civil penalty. Prohibits a prospective employer from (i) seeking the wage or salary history of a prospective employee; (ii) relying on the wage or salary history of a prospective employee in determining the wages or salary the prospective employee is to be paid upon hire; (iii) relying on the wage or salary history of a prospective employee in considering the prospective employee for employment; (iv) refusing to interview, hire, employ, or promote a prospective employee or otherwise retaliating against a prospective employee for not providing wage or salary history; (v) failing or refusing to provide a prospective employee the wage or salary range for the position for which the prospective employee is applying prior to discussing compensation and at any time upon the prospective employee's request; and (vi) failing to set a wage or salary range in good faith. The bill establishes a cause of action for an aggrieved prospective employee or employee and provides that an employer that violates such prohibitions is liable to the aggrieved prospective employee or employee for statutory damages between $1,000 and $10,000 or actual damages, whichever is greater; reasonable attorney fees and costs; and any other legal and equitable relief as may be appropriate. The bill also provides for civil penalties for violations not to exceed $1,000 for a first violation, $2,000 for a second violation, and $4,000 for a third or subsequent violation.

A BILL to amend the Code of Virginia by adding in Article 1 of Chapter 3 of Title 40.1 a section numbered 40.1-28.7:10, relating to prohibition on employer seeking wage or salary history of prospective employees; cause of action; civil penalty.

23104186D

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. 1217

Patron: Mason

Financial institutions; earned wage access services; licensure requirements; penalties. Prohibits any person from providing earned wage access services without first obtaining a license from the State Corporation Commission. The bill defines "earned wage access services" as the business of delivering proceeds to consumers prior to the date on which an obligor is obligated to pay such consumer's salary, wages, compensation, or other income to the consumer. The bill provides for qualifications for licensure, posting of a bond, annual fees, recordkeeping, reporting, and disclosure requirements. The bill authorizes the Commission to investigate and examine applicants and licensees, to suspend and revoke licenses, and to impose a civil penalty of up to $1,000 for violations of the earned wage access services provisions. The bill provides that any person who engages in earned wage access services without having first obtained a license from the Commission is guilty of a Class 1 misdemeanor. The bill licensure requirements have a delayed effective date of January 1, 2025 and the bill requires any person required to be licensed by the Commission to engage in earned wage access services to submit an application for licensure no later than October 1, 2024.

A BILL to amend the Code of Virginia by adding in Title 6.2 a chapter numbered 22.2, consisting of sections numbered 6.2-2239 through 6.2-2260, relating to financial institutions; earned wage access services; licensure requirements; penalties.

23103912D

S.B. 1249

Patron: Bell

Ticket resale; deceptive trade practices and required disclosures. Prohibits any person from using a website that displays the trademarked or copyrighted information or text, images, or web design that is similar to that of an operator, defined in the bill as a person that owns, operates, or controls a place of entertainment, or a rights holder, defined in the bill as any person or entity that has the initial ownership rights to sell a ticket to an event, without the consent of such operator or rights holder. The bill requires a reseller of event tickets that does not own or possess such tickets to disclose specific information to a purchaser prior to the resale of a ticket and requires such reseller to guarantee a full refund of a ticket purchased for resale under certain circumstances. A violation of the provisions of the bill constitutes a prohibited practice under the Virginia Consumer Protection Act.

A BILL to amend and reenact §§ 59.1-200 and 59.1-466.5 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 38.2 of Title 59.1 a section numbered 59.1-466.8, relating to ticket resale; deceptive trade practices and required disclosures.

23102922D

S.B. 1265

Patron: Saslaw


Virginia Electric Utility Regulation Act. Provides that the purchase of electric energy from a licensed supplier of electric energy by a qualifying individual retail customer is limited to the purchase of electric energy provided 100 percent from resources that qualify as a renewable energy standard eligible source applicable to the customer's incumbent electric utility and requires a finding by the State Corporation Commission (the Commission), after considering potential cost shifting impacts, that neither the customer's incumbent electric utility nor retail customers of such utility that do not obtain electric energy from alternate suppliers will be adversely affected in a manner contrary to the public interest. The bill eliminates the option for two or more customers to aggregate demand in order to meet the demand threshold to purchase electric energy from a licensed supplier and the option to purchase electric energy provided 100 percent from renewable energy from a licensed supplier if the customer's incumbent electric utility does not offer an approved tariff for electric energy provided 100 percent from renewable energy. The bill provides that any individual retail customer that, prior to January 1, 2023, entered into an agreement with a licensed supplier to purchase electric energy from such licensed supplier and that is no longer eligible to make such purchase may continue to purchase electric energy from the licensed supplier through the unexpired term of such agreement. The bill requires such customer to purchase electric energy exclusively through its incumbent utility following the expiration of such agreement.

The bill makes various changes to procedures under which the Commission reviews the earnings and sets the rates of investor-owned incumbent electric utilities. The bill requires that the Commission, in determining a fair rate of return on common equity for an investor-owned electric utility after January 1, 2023, not set such rate (i) lower than the average of the most recently authorized returns on common equity or weighted cost of equity set by the applicable regulatory commissions for all investor-owned electric utilities in the peer group of the utility or (ii) more than 150 basis points higher than such average. The bill eliminates a requirement that the Commission, in selecting the utility's peer group, eliminate from the peer group the utilities with the two lowest and the two highest returns and requires that a utility serve at least 200,000 retail electric customers to be considered part of the peer group.

The bill provides that, in lieu of the triennial review proceedings required under current law, Dominion Energy Virginia, beginning in 2023, and Appalachian Power, beginning in 2024, will be subject to biennial reviews of their rates, terms, and conditions for generation, distribution, and transmission services. The bill requires that if, during a biennial review, the Commission determines that the utility has earned more than 70 basis points above its fair combined rate of return on its generation and distribution services, the Commission will direct that 70 percent of the amount of such overearnings be credited to customers' bills. The bill requires the Commission to increase or reduce the utility's rates for generation or distribution services in order to ensure that the utility's rates for generation and distribution services (a) are just and reasonable and (b) provide the utility an opportunity to fully recover its costs of providing such services and to earn not less than a fair combined rate of return on its generation and distribution services. The bill provides that customer credit reinvestment offsets under which a utility is allowed, upon request, 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 are only applicable to review proceedings initiated prior to January 1, 2024.

The bill requires Dominion Energy Virginia, in its 2023 biennial review, to combine certain rate adjustment clauses having a combined annual revenue requirement of at least $300 million with the utility's base rates. The bill provides that the combination of such rate adjustment clauses is subject to audit by the Commission in the utility's 2023 biennial review filing. The bill authorizes the Commission to, in its discretion, direct the consolidation of any previously implemented rate adjustment clauses in the interest of judicial economy, customer transparency, or other factors the Commission determines to be appropriate.

The bill requires Dominion Energy Virginia, throughout the duration of the construction period for certain offshore wind projects, to maintain, subject to audit by the Commission, its common equity capitalization to total capitalization ratio at a level at least equal to the average of such ratio for all utilities in Dominion's peer group investor-owned utilities.

The bill prohibits an investor-owned incumbent electric utility from permanently retiring an electric power generation facility from service after July 1, 2023, without first obtaining the approval of the Commission and a finding by the Commission that the retirement determination, after consideration of the impact of the proposed retirement on reliability or security of electric service to customers, is reasonable and prudent. Such prohibition does not apply to early retirement determinations identified by the utility in an integrated resource plan filed with the Commission by July 1, 2023.

The bill contains technical amendments.

A BILL to amend and reenact §§ 56-245.1:2, 56-577, 56-577.1, 56-585.1, 56-585.1:3, 56-585.1:4, and 56-599 of the Code of Virginia, relating to Virginia Electric Utility Regulation Act; retail competition; review proceedings; rates; return on common equity; rate adjustment clauses; capitalization ratio for certain projects; generation facility retirements subject to approval.

23103900D

S.B. 1266

Patron: Surovell

Public utilities; shared solar; minimum bill. Provides that the minimum bill a subscriber to a shared solar program is required to pay, which under current law the State Corporation Commission is required to establish, may include the basic customer charge, non-bypassable charges, and administrative costs of the shared solar program. The bill prohibits the minimum bill from exceeding twice the basic customer charge. The bill removes the requirement that the minimum bill include the costs of all utility infrastructure and services used to provide service and the requirement that the Commission, in establishing the minimum bill, consider further costs the Commission deems relevant to ensure that subscribing customers pay a fair share of the costs of providing electric services and minimize the costs shifted to customers not in a shared solar program. The bill requires the Commission to approve a shared solar facility program of at least 10 percent of the peak load for customers of each utility with a minimum requirement of 30 percent low-income customers. Under current law, the Commission is required to approve a program of 150 megawatts with a requirement for an additional 50 megawatts if a certain condition is met. Additionally, the bill requires the Commission's regulations for the shared solar program to allow all jurisdictional and non-jurisdictional customer classes to participate in the program.

A BILL to amend and reenact § 56-594.3 of the Code of Virginia, relating to public utilities; shared solar programs; minimum bill.

23100403D

S.B. 1301

Patron: Deeds


Managed care health insurance plan licensees; network adequacy for mental health care services. Requires each managed care health insurance plan licensee (licensee) to (i) provide a sufficient number and mix of services, specialists, and practice sites to meet covered persons' mental health care needs; (ii) ensure that covered persons have telephone access 24 hours a day, seven days a week, to responsible and knowledgeable mental health care practitioners capable of assessing the covered persons' conditions and, as necessary, providing for appropriate services; and (iii) incorporate strategies into its access procedures to facilitate utilization of the licensee's mental health care services by covered persons with physical, mental, language, or cultural barriers. The bill requires a managed care health insurance plan licensee to cover out-of-network mental health care services to a covered person if (a) the licensee does not have a mental health care provider within its network capable of providing mental health care services to the covered person; (b) the majority of the managed care health insurance plan licensee's mental health care providers within 25 miles of a covered person or, if appropriate for the covered person, available via telemedicine who have experience treating the general age group of a covered person are no longer accepting new patients or have wait-lists to receive care; or (c) the managed care health insurance plan licensee does not have a mental health care provider within 25 miles of a covered person or, if appropriate for the covered person, available via telemedicine who (1) has experience or expertise in treating patients who share the emotionally distressing experiences, defined in the bill, or demographics of the covered person seeking care and (2) is capable of providing care within the next 31 days. The bill provides that a licensee may require certain verification that the mental health care services are related to an emotionally distressing experience but is prohibited from requiring proof of a criminal proceeding.

The bill requires a managed care health insurance plan licensee, for any covered person seeking mental health care services that has self-harm or suicidal ideation, to cover any associated out-of-network care such that the covered person shall not be responsible for any additional costs incurred by the managed care health insurance plan licensee for such services, other than any applicable copayment, coinsurance, or deductible. The bill requires a licensee to accept verification from the associated out-of-network provider that the mental health care services provided were related to the covered person's self-harm or suicidal ideation and prohibits a licensee from imposing any additional requirements to verify that the covered person was seeking care related to self-harm or suicidal ideation.

A BILL to amend the Code of Virginia by adding a section numbered 32.1-137.2:1, relating to managed care health insurance plan licensees; network adequacy for mental health services.

23104175D

S.B. 1311

Patron: Deeds

Virginia Birth-Related Neurological Injury Compensation Act. Raises from $100,000 to $500,000 the cap for an award pursuant to the Virginia Birth-Related Neurological Injury Compensation Act. This bill is a recommendation of the Boyd-Graves Conference.

A BILL to amend and reenact § 38.2-5009.1 of the Code of Virginia, relating to the Virginia Birth-Related Neurological Injury Compensation Act.

23100416D

S.B. 1321

Patrons: McClellan, Deeds

Virginia Electric Utility Regulation Act; regulation of rates. Provides that if the State Corporation Commission in any triennial review proceeding for an investor-owned incumbent electric utility commencing after January 1, 2023, determines that the utility's base rates will produce unreasonable revenues in excess of the utility's rate of return, the Commission may order any reductions to such base rates that it deems appropriate to ensure the resulting base rates are just and reasonable and provide the utility an opportunity to recover its costs and earn a fair rate of return.

A BILL to amend and reenact § 56-581 of the Code of Virginia, relating to Virginia Electric Utility Regulation Act; regulation of rates.

23101676D

S.B. 1323

Patrons: McClellan, Hashmi

Electric utilities; energy efficiency savings targets. Requires the State Corporation Commission (the Commission) to establish for Dominion Energy Virginia annual energy efficiency savings targets for customers who are low-income, elderly, disabled, or veterans of military service. The bill requires the Commission, in establishing such targets, to seek to optimize energy efficiency and the health and safety benefits of utility energy efficiency programs. The bill requires Dominion Energy Virginia to make best efforts to coordinate such energy efficiency programs with any health and safety upgrades provided through energy efficiency programs authorized by provisions of the Code of Virginia, when reasonably feasible to do so and at the utility's sole discretion. The bill has an expiration date of January 1, 2030.

A BILL to direct the State Corporation Commission to establish for certain electric utilities annual energy efficiency savings targets for certain customers.

23102355D

S.B. 1336

Patron: Reeves

Health insurance; short-term limited-duration medical plans. Authorizes a health insurance carrier to issue short-term limited-duration medical plans with an expiration date that is less than 12 months after the original effective date of the contract, policy, or plan and, taking into account renewals or extensions, that has a duration that is no longer than 36 months. Under current law, a carrier is prohibited from selling a short-term limited-duration medical plan that exceeds three months or that can be renewed or extended beyond six months. The bill provides that, notwithstanding any of the provisions of the bill, a carrier may issue any short-term limited-duration health plan that meets the definition of "short-term limited-duration insurance" provided in federal law. Finally, the bill sets out a disclaimer notice to be included on any short-term limited-duration medical plan sold or offered for sale in the Commonwealth.

A BILL to amend and reenact § 38.2-3407.21 of the Code of Virginia, relating to health insurance; short-term limited-duration medical plans.

23104179D

S.B. 1338

Patron: Edwards

Health insurance; pharmacy benefits managers; employee welfare benefit plans. Provides that entities providing or administering self-insured or self-funded employee welfare benefit plans are subject to provisions related to pharmacy benefits management, including certain prohibited conduct and recordkeeping requirements.

A BILL to amend and reenact §§ 38.2-3465 and 38.2-3470 of the Code of Virginia, relating to health insurance; pharmacy benefits managers; employee welfare benefit plans.

23102959D

S.B. 1347

Patron: Cosgrove

Health insurance; mental health benefits; coverage for mobile crisis response services and residential crisis stabilization units. Requires health insurance carriers to provide coverage for mobile crisis response services, defined in the bill, and support and stabilization services provided in a residential crisis stabilization unit, defined in the bill.

A BILL to amend and reenact § 38.2-3412.1 of the Code of Virginia, relating to health insurance; coverage for mental health benefits; mobile crisis response services and residential crisis stabilization units.

23103355D

S.B. 1397

Patron: Surovell

Health Insurance Reform Commission; review of essential health benefits plan. Requires that the Health Insurance Reform Commission review the essential health benefits benchmark plan and establishes a process for such review. The bill requires the Commission, in coordination with the Bureau of Insurance, to conduct a review of the essential health benefits benchmark plan in 2025 and every five years thereafter. The bill requires during such review (i) the Bureau to convene a stakeholder workgroup to make recommendations to the Commission, (ii) the Bureau to estimate the effects of certain referred legislation on the costs of health coverage in the Commonwealth, (iii) the Commission to determine if any changes are to be made to the benchmark plan and to identify such changes, (iv) the Bureau to conduct an actuarial analysis of any changes identified by the Commission, and (v) the Commission to determine which changes will be recommended and to make a recommendation to the General Assembly, in the form of a bill, regarding such changes. The bill (a) requires public hearings to be held throughout the process, (b) establishes a timeline for each step of the process, and (c) requires the Bureau to maintain a website to convey relevant information regarding the process to the public. This bill is a recommendation of the Health Insurance Reform Commission.

A BILL to amend and reenact §§ 30-342 and 30-343 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 30-343.1, relating to the Health Insurance Reform Commission; review of essential health benefits benchmark plan.

23103371D

S.B. 1399

Patron: Surovell

Health insurance; essential health benefits benchmark plan. Requires the Bureau of Insurance to select a new essential health benefits benchmark plan for the 2025 plan year that includes, in addition to the essential health benefits package included in the existing benchmark plan, coverage for prosthetic devices and components and formula and enteral nutrition products as medicine. The bill contains an emergency clause. This bill is a recommendation of the Health Insurance Reform Commission.

A BILL to  repeal §§ 38.2-3418.15 and 38.2-3418.18 of the Code of Virginia, relating to requiring the Bureau of Insurance to select a new essential health benefits benchmark plan.

23103361D

S.B. 1409

Patron: Barker

Medicare supplement policies for certain individuals under age 65. Requires each insurer issuing Medicare supplement policies or certificates in the Commonwealth to offer the opportunity of enrolling in at least one of its issued Medicare supplement policies or certificates to any individual under age 65 who resides in the Commonwealth, is enrolled in Medicare Part A and B, and is eligible for Medicare by reason of disability, including individuals with end-stage renal disease. The bill also prohibits an insurer from charging individuals who become eligible for Medicare by reason of disability and who are under 65 years of age premium rates for any Medicare supplement plan or certificate offered by the issuer that exceeds the premium rates charged for such plan to individuals who are 65 years of age or older.

A BILL to amend and reenact § 38.2-3610 of the Code of Virginia, relating to Medicare supplement policies for certain individuals under age 65.

23101876D

S.B. 1425

Patron: Mason

Health insurance; ensuring fairness in cost-sharing. Amends provisions related to rebates provided by carriers and health benefit plans to health plan enrollees by defining defined cost-sharing, price protection rebates, and pharmacy benefits management services. The bill requires that an enrollee's defined cost-sharing for each prescription drug shall be calculated at the point of sale based on a price that is reduced by an amount equal to at least 80 percent of all rebates received or expected to be received in connection with the dispensing or administration of the prescription drug.

A BILL to amend and reenact §§ 38.2-3407.22 and 38.2-3465 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 38.2-3467.1, relating to health insurance; ensuring fairness in cost-sharing.

23101494D

S.B. 1435

Patron: Bell

Unemployment compensation; time to file appeal. Reduces from 30 days to 15 days (i) the time after notice of the determination of a claim within which a claimant is required to file an appeal before such determination becomes final and (ii) the time after the date of notification or mailing of an appeal tribunal's decision on an unemployment compensation claim within which a party is required to file a subsequent appeal before such decision becomes final.

A BILL to amend and reenact §§ 60.2-619 and 60.2-620 of the Code of Virginia, relating to unemployment compensation; time to file appeal.

23103944D

S.B. 1441

Patron: Locke

Development of offshore wind capacity; cost recovery. Provides that the State Corporation Commission shall give preference to requests for cost recovery by a Phase II Utility for generating facilities utilizing energy derived from offshore wind that maximize economic benefits to the Commonwealth. The bill also accelerates the timeline for public utilities to construct or purchase one or more offshore wind generation facilities located off the Commonwealth's Atlantic shoreline or in federal waters and interconnected directly into the Commonwealth from 2034 to 2024.

A BILL to amend and reenact § 56-585.1:11 of the Code of Virginia, relating to development of offshore wind capacity; cost recovery.

23102981D

S.B. 1447

Patron: Edwards

Disconnection suspensions for certain utilities; residential customers; report. Suspends electric, gas, water, or wastewater utilities from disconnecting service to a residential customer for nonpayment of bills or fees during a state of emergency declared by the Governor, and such suspension lasts for 30 days after such declaration of the state of emergency. The bill suspends electric and gas utilities from disconnecting service to a residential customer for nonpayment of bills or fees when the forecasted temperature low is at or below 32 degrees Fahrenheit and suspends electric utilities from disconnecting any such customer from service when the forecasted temperature high is at or above 95 degrees Fahrenheit within the 24 hours following the scheduled disconnection. The bill also specifies that disconnections and reconnections based on a residential customer's nonpayment of bills or fees shall not involve additional fees during weather extremes. The bill further suspends electric, gas, water, and wastewater utilities from disconnecting residential customers from service on Fridays, weekends, state holidays, and the day immediately preceding a state holiday. Under the bill, certain utilities are required to report annually on residential utility disconnections beginning December 1, 2024. The bill requires the Broadband Advisory Council to convene a working group to study the feasibility and appropriateness of requiring broadband service providers to comply with the provisions of the bill. The State Corporation Commission is permitted to extend or modify the limitations created by the bill as necessary or in the public interest.

 

A BILL to amend the Code of Virginia by adding in Chapter 3.2 of Title 44 a section numbered 44-146.29:4 and by adding in Article 2 of Chapter 10 of Title 56 a section numbered 56-245.1:3, relating to disconnection of residential utility service for nonpayment; suspension for certain utilities; report.

23104094D

S.B. 1477

Patron: Lewis

Electric utility; offshore wind affiliate. Authorizes Dominion Energy Virginia, in connection with certain offshore wind projects, to establish an offshore wind affiliate, defined in the bill, for the purpose of securing a noncontrolling equity financing partner for the project. Under the bill, such offshore wind affiliate is authorized to operate as a public utility in association with the utility. The bill requires the State Corporation Commission, in acting upon any request for associated cost recovery, to utilize the capital structure and cost of capital of the utility and to disregard the capital structure and cost of capital of any noncontrolling entity's interest in the offshore wind affiliate. The bill requires that if any ownership interest in the offshore wind affiliate is transferred to such a noncontrolling entity, the Commission to ensure, in granting any approval for the transfer or for cost recovery, that any gain on the utility's basis is credited to the utility's customers through a rate adjustment clause credit mechanism. The bill provides that such an affiliate is considered an electric supplier for the purposes of tax provisions requiring certain electric suppliers to pay a minimum tax rather than the corporate income tax for any year their minimum tax liability is greater than their corporate income tax liability.

A BILL to amend and reenact §§ 56-585.1:11 and 58.1-400.3 of the Code of Virginia, relating to electric utilities; affiliated interest for certain offshore wind projects; minimum tax for electric utilities.

23104124D

S.B. 1482

Patron: Surovell

State Corporation Commission; members. Increases, until the next expiration of a member's term, the number of members of the State Corporation Commission from three to four. The bill provides that the newest member will serve a term of six years that begins July, 1, 2023. The bill provides that upon the next expiration of a term of a member of the Commission or upon the expiration of the remaining term of a vacancy, whichever occurs earlier, no member shall be elected to fill the expired seat, and the Commission shall consist of three members.

A BILL to amend and reenact § 12.1-6 of the Code of Virginia, relating to the State Corporation Commission; members.

23104417D

S.B. 1485

Patron: Morrissey

Natural gas utilities; retail supply choice. Allows every person access to distribution service or retail natural gas from a natural gas company authorized to provide natural gas service to the area where the service will be received. The bill prohibits a public entity from adopting an ordinance, resolution, or any other requirement that limits or prohibits customers from acquiring natural gas service and supply from both utility and non-utility gas companies. The bill prohibits public entities from denying building permits solely based on a proposed utility provider and directs public entities to ensure that all applicable permits and fees are reasonable, as compared to other utility providers, and do not restrict an applicant's ability to use the services of an authorized utility provider.

A BILL to amend the Code of Virginia by adding a section numbered 56-265.4:7, relating to natural gas utilities; retail supply choice.

23104013D

S.B. 1496

Patron: Petersen

Natural gas utility facility replacement projects; exemption from planning, subdivision of land, and zoning provisions. Revises the definition of "natural gas utility facility replacement project" to specify that such projects are subject to the provisions that govern construction and repair permits within right-of-way lines of public roadways but are exempt from the provisions that govern planning, subdivision of land, and zoning.

A BILL to amend and reenact § 56-603 of the Code of Virginia, relating to natural gas utility facility replacement projects; exemption from planning, subdivision of land, and zoning provisions.

23104285D

S.B. 1509

Patron: Mason

Home solicitation sale; definition; cancellation. Clarifies that the definition of a "home solicitation sale" includes a solicitation of the sale or lease of goods and services in which the seller engages in a solicitation without prior invitation, appointment, or consent. The bill excludes from the definition of "home solicitation sale" (i) consumer sales made by an entity regulated by the Bureau of Insurance and (ii) sales made entirely by telephone or electronic means at the initiation of the buyer without any other contact between the buyer and the seller. The bill also prohibits a buyer from canceling a home solicitation sale if the seller in good faith begins performance of the contract at the buyer's request.

A BILL to amend and reenact §§ 59.1-21.2 and 59.1-21.3 of the Code of Virginia, relating to home solicitation sale; definition; cancellation.

23104814D

S.B. 1541

Patron: Lewis

Certain electricity transmission projects.

A BILL to amend the Code of Virginia by adding a section numbered 1-XXX, related to certain electricity transmission projects.

23105072D

S.B. 1545

Patron: Rouse

Civil relief; citizens of the Commonwealth furloughed or otherwise not receiving wages or payments due to partial closure of the federal government; emergency. Provides a 30-day stay of eviction and foreclosure proceedings for tenants, homeowners, and owners who rent to a tenant a one-family to four-family residential dwelling unit who request a stay and provide written proof, defined in the bill, that such tenant or homeowner is (i) an employee of the United States government, (ii) an independent contractor for the United States government, or (iii) an employee of a company under contract with the United States government who was furloughed or otherwise has not received or is not currently receiving wages or payments as a result of the partial closure of the United States government beginning on October 1, 2023. The bill contains an emergency clause. The bill has an expiration date of September 30, 2024.

A BILL to provide civil relief for citizens of the Commonwealth who are employees of or contractors for the United States government who have been furloughed or otherwise have not received wages or payments as a result of the partial closure of the federal government; emergency.

23105049D