SEARCH SITE
VIRGINIA LAW PORTAL
- Code of Virginia
- Virginia Administrative Code
- Constitution of Virginia
- Charters
- Authorities
- Compacts
- Uncodified Acts
- RIS Users (account required)
SEARCHABLE DATABASES
- Bills & Resolutions
session legislation - Bill Summaries
session summaries - Reports to the General Assembly
House and Senate documents - Legislative Liaisons
State agency contacts
ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
2023 SESSION
Chair: Richard L. Saslaw
Clerk: Hobie Lehman, Hannah Dockery
Staff: Thomas Stevens, Marvi Ali
Date of Meeting: February 13, 2023
Time and Place: 15 mins after Senate Adjourns /Senate Room A, Pocahontas Building
Patron: Greenhalgh
Health insurance; tobacco surcharge. Eliminates the authority of a health carrier to vary its premium rates based on tobacco use. Under current law, a health carrier may charge premium rates up to 1.5 times higher for a tobacco user than for a nonuser. The provisions of the bill apply to health benefit plans providing individual or small group health insurance coverage entered into, amended, extended, or renewed on or after January 1, 2024. The bill directs the State Corporation Commission to submit an annual report summarizing the reductions in premiums related to the elimination of the tobacco surcharge. The provisions of the bill expire on January 1, 2026.
A BILL to amend and reenact § 38.2-3447 of the Code of Virginia, relating to health insurance; tobacco surcharge.23100197D
Patron: Brewer
Workers' compensation; presumption of compensability for certain cancers. Expands the workers' compensation presumption of compensability for certain cancers causing the death or disability of certain employees who have completed five years of service in their position to include bladder and thyroid cancer. The presumption for these cancers does not apply for any individual diagnosed with such a condition before July 1, 2023.
A BILL to amend and reenact § 65.2-402 of the Code of Virginia, relating to workers' compensation; presumption of compensability for certain cancers.23100548D
Patron: Marshall
Workers' compensation; Department of State Police; State Police Officers' Retirement System; presumption for arson, bomb, and hazardous materials investigators. Expands the workers' compensation presumption of compensability for certain cancers causing the death or disability of certain employees who have completed five years of service in their position to include (i) arson investigators or bomb investigators employed by the Department of State Police and (ii) members of the State Police Officers' Retirement System who collect, analyze, or handle hazardous materials, infectious biological substances and radiological agents, fentanyl, or methamphetamine.
A BILL to amend and reenact § 65.2-402 of the Code of Virginia, relating to workers' compensation; presumption for arson and hazardous materials investigators.23100248D
Patron: Ware
Virginia Clean Economy Act; non-bypassable charges; energy-intensive trade-exposed (EITE) industries. Defines EITE industries as companies that are constrained in their ability to pass through carbon costs due to international competition, companies that engage in importation of products that cause emission leakage, and critical infrastructure facilities identified by certain federal agencies. The bill directs the State Corporation Commission to establish an EITE customer exemption pilot program for non-bypassable charges in certain provisions of the Virginia Clean Economy Act related to generation of electricity from renewable and zero-carbon sources and development of offshore wind capacity. The pilot program, to be designated as the EITE Pilot Program, shall commence no later than January 1, 2024, and shall have an initial aggregate customer load not to exceed 2,000 megawatts based on each participating customer's load during the previous calendar year. The bill requires the State Corporation Commission to report to the Governor and to the Chairmen of the House Committee on Commerce and Energy and the Senate Committee on Commerce and Labor on the status of the EITE Pilot Program by March 31, 2025. The provisions of the bill expire on July 1, 2029.
A BILL to direct the State Corporation Commission to develop and implement a pilot program for eligible customer exemptions in energy-intensive trade-exposed industries.23104346D
Patron: Fowler
Health insurance; electronic prior authorization and disclosure of certain prescription drug information. 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; (iv) links directly to real-time patient out-of-pocket costs for the encounter; and (v) 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 the electronic prior authorization process established by a carrier and real-time cost information data for a covered prescription drug 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 real-time cost information data to enrollees and contracted providers for a covered prescription drug, including any cost-sharing requirement 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 assess implementation and develop recommendations for electronic prior authorization and real-time cost benefit information for prescription drugs. 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.23104853D
Patron: Ballard
Corporations; filing and meeting requirements. Eliminates the requirement that a document filed with the State Corporation Commission pursuant to the Virginia Stock Corporation Act include the terms, including the preferences, rights, and limitations, of each class or series of shares. The bill changes the timeframe during which a corporation must make available for inspection the shareholders list prepared for a shareholders' meeting from two business days after notice of such shareholders' meeting through such shareholders' meeting to five business days after notice of such shareholders' meeting through the close of business on the last business day before such shareholders' meeting. Finally, the bill eliminates the requirement that a corporation make available for inspection at either an in-person shareholders' meeting or a remote shareholders' meeting the list of shareholders entitled to vote at such shareholders' meeting.
A BILL to amend and reenact §§ 13.1-604, 13.1-614, and 13.1-661 of the Code of Virginia, relating to corporations; filing and meeting requirements.23103339D
Patron: Campbell, J.L.
Virginia Credit Services Businesses Act; definitions; credit reports. Amends the definitions of "consumer reporting agency" and "credit services business" as they are used in the Virginia Credit Services Businesses Act and requires that the information statement provided to a consumer by a credit services business under the Act include a complete and accurate statement of a customer's right to receive a free copy of the consumer's credit report annually from each of the three nationwide consumer reporting agencies. The bill contains technical amendments.
A BILL to amend and reenact §§ 59.1-335.2 and 59.1-335.7 of the Code of Virginia, relating to Virginia Credit Services Businesses Act; definitions; credit reports.23101765D
Patron: Campbell, J.L.
Virginia Antitrust Act; disgorgement and other forms of equitable monetary relief. Provides that (i) any person threatened with injury or damage to his business or property by reason of a violation of the Virginia Antitrust Act or (ii) the Attorney General on behalf of the Commonwealth, the attorney for the Commonwealth or county attorney on behalf of a county, the city attorney on behalf of a city, or the town attorney on behalf of a town may institute actions and proceedings for injunctive relief, disgorgement, and other forms of equitable monetary relief as the court deems appropriate. The bill contains technical amendments.
A BILL to amend and reenact §§ 59.1-9.3, 59.1-9.7, and 59.1-9.11 through 59.1-9.15 of the Code of Virginia, relating to Virginia Antitrust Act; disgorgement and other forms of equitable monetary relief.23101769D
Patron: Ware
Virginia Electric Utility Regulation Act; regulation of rates. Provides, that in any proceeding to establish base rates for Appalachian Electric Power or Dominion Energy Virginia conducted by the State Corporation Commission (the Commission), if the Commission determines in its sole discretion that the utility's existing base rates will, on a going-forward basis, either produce (i) revenues in excess of the utility's authorized rate of return or (ii) revenues below the utility's authorized rate of return, then the Commission is required to order any reductions or increases, as applicable and necessary, to such base rates that it deems appropriate to ensure the resulting base rates (a) are just and reasonable and (b) provide the utility an opportunity to recover its costs of providing services over the rate period 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.23105852D
Patron: Webert
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.23100154D
Patron: Kilgore
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. Effective January 1, 2024, 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 exceed the premium rates charged for such plan to individuals who are 65 years of age.
A BILL to amend and reenact § 38.2-3610 of the Code of Virginia, relating to Medicare supplement policies for certain individuals under age 65.23101917D
Patron: Head
Credit unions; virtual currency custody services. Permits any credit union in the Commonwealth to engage in virtual currency custody services to the same extent as any bank and so long as the credit union has adequate protocols in place to effectively manage the associated risks. The bill allows that such credit union may provide such services in a fiduciary or nonfiduciary capacity and that, in providing such services in a fiduciary capacity, is authorized to act as a trustee.
A BILL to amend and reenact § 6.2-1302 of the Code of Virginia, relating to credit unions; virtual currency custody services.23100896D
Patron: Head
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 is (i) located, constructed, and operated so as not to impair, impede, or obstruct, in any material degree, the works and operations of the railroad to be crossed; (ii) supported by permanent and proper structures and fixtures; and (iii) controlled by customary and approved appliances, methods, and regulations to prevent damage to the works of the railroad and ensure the safety of its passengers. The bill requires the broadband service provider to give the railroad company written notice that meets certain requirements at least 30 days before the crossing date . The bill requires the broadband service provider to bear the cost of the crossing, to pay a fee of $2,000 for each crossing, and reimburse the railroad company for any actual flagging expenses associated with a crossing in addition to the standard crossing fee.
The bill provides that a railroad company may petition the State Corporation Commission if it asserts the proposed crossing will cause undue hardship on the railroad company, or the proposed crossing will create the imminent likelihood of danger to public health or safety. The bill provides that for a crossing over an abandoned section of track the standard cumulative crossing fee is $1,000 and that the railroad company does not have the opportunity to petition the Commission, unless the legally abandoned section of track was acquired by the railroad company during the five years prior to issuing a notice of crossing. The bill requires the broadband service provider to maintain a general liability insurance policy or railroad protective liability insurance policy that meets certain requirements.
23105578D
Patron: Kilgore
Virginia Electric Utility Regulation Act. Provides that, in lieu of the triennial review proceedings required under current law, Dominion Energy Virginia, beginning in 2023, will be subject to biennial reviews of their rates, terms, and conditions for generation, distribution, and transmission services. The bill also 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.
A BILL to amend and reenact §§ 56-585.1, 56-585.1:4, and 56-599 of the Code of Virginia, relating to electric utilities; schedule for rate review proceedings; generation facility retirements subject to approval.23106225D
Patron: O'Quinn
Workers' compensation; post-traumatic stress disorder, anxiety disorder, or depressive disorder; law-enforcement officers and firefighters. Provides that an anxiety disorder or depressive disorder, as both are defined in the bill, incurred by a law-enforcement officer or firefighter is compensable under the Virginia Workers' Compensation Act on the same basis as post-traumatic stress disorder. The bill provides that a mental health professional must diagnose the covered individual as suffering from anxiety disorder or depressive disorder as a result of a qualifying event, defined in the bill as an incident or exposure occurring in the line of duty on or after July 1, 2023, and includes other conditions for compensability.
A BILL to amend and reenact § 65.2-107 of the Code of Virginia, relating to workers' compensation; post-traumatic stress disorder, anxiety disorder, or depressive disorder; law-enforcement officers and firefighters.23101844D
Patron: O'Quinn
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.23104667D
Patron: O'Quinn
Phase I Utilities; annual rate true-up reviews. 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 limits the costs that are recoverable pursuant to a rate adjustment clause after January 1, 2025. 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 provides that the Commission may use any methodology it finds consistent with the public interest to determine the fair rate of return on common equity, subject to certain conditions in the bill. 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.23106201D
Patron: O'Quinn
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.23102044D
Patron: O'Quinn
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.23104676D
Patron: Byron
Insurance agents; definitions; private family leave insurance. Expands the definitions of "health agent" and "property and casualty insurance agent" to include that such agents may sell, solicit, or negotiate private family leave insurance. The bill also clarifies that private family leave insurance is not included in either limited lines life and health insurance or limited lines property and casualty insurance as they relate to the definitions of "limited lines life and health agent" and "limited lines property and casualty agent" respectively.
A BILL to amend and reenact § 38.2-1800 of the Code of Virginia, relating to insurance agents; definitions; private family leave insurance.23102339D
Patron: Filler-Corn
Nondisclosure or confidentiality agreements; prohibited nondisparagement provisions; claims of sexual harassment. Provides that no employer may require an employee or prospective employee to execute or renew any provision in a nondisclosure or confidentiality agreement, including any provision regarding nondisparagement, that has the purpose or effect of concealing the details of a sexual harassment claim. Any such provision is against public policy and is void and unenforceable.
A BILL to amend and reenact § 40.1-28.01 of the Code of Virginia, relating to nondisclosure or confidentiality agreement; nondisparagement provisions; claims of sexual harassment.23106173D
Patron: Batten
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 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 § 38.2-3418.16 of the Code of Virginia, relating to health insurance; coverage for audio-only telehealth services.23104173D
Patron: Batten
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 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 authorizes the Attorney General to investigate violations of its provisions and seek damages or other relief allowed by applicable law and specifies that any violation of its provisions constitutes a prohibited practice for purposes of the Virginia Consumer Protection Act. 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 and reenact § 59.1-200 of the Code of Virginia and 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 6.2-2262, relating to financial institutions; earned wage access services; licensure requirements; penalties.23105986D
Patron: Hope
Minimum wage; employees with disabilities. Provides that individuals with disabilities that are paid at subminimum wage pursuant to the federal Fair Labor Standards Act are employees for the purposes of the Virginia Minimum Wage Act. The bill requires every employer of such employees to pay such employees wages at a rate not less than (i) from July 1, 2023, until July 1, 2024, $9.50 per hour; (ii) from July 1, 2024, until July 1, 2025, $10.50 per hour; and (iii) from July 1, 2025, until July 1, 2026, $11.50 per hour. The bill requires that from and after July 1, 2026, every employer of such employees pay such employees at a rate equivalent to all other employees covered by the Virginia Minimum Wage Act.
A BILL to amend and reenact §§ 40.1-28.9 and 40.1-28.10 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 40.1-28.10:1, relating to minimum wage; employees with disabilities.23101113D
Patron: Adams, L.R.
Unemployment compensation; venue for prosecution of certain criminal cases. Provides that the venue for criminal cases involving false statements, representations, or nondisclosures by an employing unit or an individual with regard to an unemployment claim lies in the county or city wherein the statement, representation, or nondisclosure originates or, alternatively, is received by the Virginia Employment Commission. Under current law, the venue for such cases lies solely in the county or city wherein such statement, representation, or nondisclosure is received by the Commission.
A BILL to amend and reenact § 60.2-119 of the Code of Virginia, relating to unemployment compensation; venue for prosecution of certain criminal cases.23101268D
Patron: Adams, L.R.
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.23101270D
Patron: O'Quinn
Renewable energy; biomass-fired facilities; Department of Forestry advisory panel; report. Removes the renewable energy requirement for each Phase I and Phase II Utility to retire all biomass-fired electric generating units that do not co-fire with coal by December 31, 2028. The bill provides that biomass-fired facilities may qualify as renewable energy standard eligible sources provided that they have less than 52 megawatts capacity, began commercial operation before January 1, 2023, and are either fueled by (i) biomass, as statutorily defined, (ii) forest-product manufacturing residuals, or (iii) forest-related materials, sold woody waste materials, and crops and trees planted for the purpose of use in energy production. The bill directs the Department of Forestry to convene an advisory panel to assist in further developing criteria for the use of forest-related materials and solid woody waste materials for biomass-fired electric generating units beginning commercial operation in the Commonwealth after January 1, 2023. The bill requires the Department to submit a report of the advisory panel's findings and any recommendations to the House Committee on Commerce and Energy and the Senate Committee on Commerce and Labor no later than December 1, 2023.
A BILL to amend and reenact § 56-585.5 of the Code of Virginia, relating to renewable energy; biomass-fired facilities; Department of Forestry advisory panel; report.23101845D
Patron: Wilt
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) creates a criminal penalty for any person who knowingly and intentionally excavates after being notified by a representative of the Commission of a determination that such excavation constitutes an immediate threat to safety or property and such representative requests that excavation cease, (iv) increases from $2,500 to $10,000 the maximum civil penalty for violations of the Act, and (v) 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.23105632D
Patron: Morefield
Department of Labor and Industry; Department of Professional and Occupational Regulation; notice of disciplinary action; method of delivery to allow for confirmation of delivery. Authorizes the use of commercial delivery services with signed and dated acknowledgment of delivery by the Commissioner of Labor and Industry when providing notice to an employer of any proposed penalty for a violation of a safety or health provision or of the employer's failure to abate a violation of a safety or health provision. Under current law, the Commissioner is authorized to provide such required notices only through certified mail or personal service. The bill also requires the regulatory boards of the Department of Professional and Occupational Regulation to send to any regulant subject to a disciplinary action notice in a manner that allows for confirmation of delivery. The bill removes the current requirement that such notice be sent by certified mail, return receipt requested, and retains the provision allowing delivery through electronic means, if agreed to by the parties.
A BILL to amend and reenact §§ 40.1-49.4 and 54.1-201 of the Code of Virginia, relating to Department of Labor and Industry; Department of Professional and Occupational Regulation; notice of disciplinary action; method of delivery to allow for confirmation of delivery.23104273D
Patron: Byron
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 amend and reenact § 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; emergency.23105975D
EMERGENCY
Patron: Byron
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 that directs the Bureau to select a new benchmark plan that includes any such changes at the next regular session of the General Assembly. 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.23102586D
Patron: Byron
Association health plans; base 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.
23104883D
Patron: Leftwich
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, to the extent that such services are covered in other settings or modalities, regardless of any difference in billing codes.
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.23103352D
Patron: Hodges
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 that if the carrier accepts applications through an online credentialing system, the carrier is required to notify a new provider applicant through the online credentialing system that the application is received. The bill provides that if the carrier does not accept applications through an online credentialing system, the carrier is required to within 10 days of receiving an application provide notification to the new provider applicant that the application was received. The bill requires that, beginning January 1, 2024, a new provider applicant's application will be deemed complete within 30 days of the carrier receiving the application, unless the carrier has provided notice that the application is not complete. The bill requires a carrier to approve or deny new provider applicant credentialing applications within 60 days of receiving a completed application and provides that claims submitted according to carrier claims submittal policies are adjudicated and paid no later than 40 days after the new provider applicant is credentialed and contracted.
23105132D
Patron: Kilgore
Energy planning and electric utility oversight. Increases from 10 to 13 the membership of the Commission on Electric Utility Regulation (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; and extends the expiration of the Commission from July 1, 2024, to July 1, 2029. The bill requires the Commission to consider legislation referred to it during any session of the General Assembly or other requests by members of the General Assembly.
The bill requires the Division of Renewable Energy and Energy Efficiency of the Department of Energy to present the final Virginia Energy Plan or any updates to the Plan to the the Commission 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 30-205, 30-209, 45.2-1712, 45.2-1713, and 56-599 of the Code of Virginia, relating to energy planning and electric utility oversight; Commission on Electricity Utility Regulation; membership, meetings, and powers and duties; Virginia Energy Plan; public presentation of plan; electric utilities; integrated research plans; stakeholder groups and public outreach required.23105602D
Patron: Orrock
Health care provider panels; continuity of care. Makes various changes to provisions related to the continuity of care for an enrollee after a provider is terminated from a health insurance carrier's provider panel. The bill requires a carrier that uses a provider panel to establish procedures for notifying an enrollee of (i) the termination from the carrier's provider panel of a provider who was furnishing health care services to the enrollee or furnished health care services to the enrollee in the six months prior to the notice and (ii) the right of an enrollee upon request to continue to receive health care services as provided in the bill following the provider's termination from a carrier's provider panel. The bill requires the carrier to provide such notices prior to the date of the termination of the provider except when a provider is terminated for cause. The bill removes separate notice requirements for the termination of a primary care provider or a specialty referral services provider.
The bill provides that a provider is permitted to render health care services to any of the carrier's enrollees for a period of at least 90 days from the date of a provider's termination from the carrier's provider panel, except when a provider is terminated for cause. The bill provides that for an enrollee who (a) has been medically confirmed to be pregnant at the time of a provider's termination, the provider may continue care through the postpartum period; (b) has been determined by a medical professional to have a life-threatening condition at the time of a provider's termination of participation, the provider may continue care for up to 180 days; and (c) is admitted to and receiving treatment in any inpatient facility at the time of a provider's termination, the provider may continue care, without any time limitation, until the enrollee is discharged from the inpatient facility. The bill provides that under the continuity of care provisions, "provider" includes a provider group.
A BILL to amend and reenact §§ 38.2-3407.10 and 38.2-4319, as it is currently effective and as it shall become effective, of the Code of Virginia, relating to health care provider panels; continuity of care.23104959D
Patron: O'Quinn
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, geothermal, pumped storage hydropower, battery storage and manufacturing, and carbon capture and utilization. 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.23103587D
Patron: Wampler
Workers' compensation; group self-insurance associations. Provides that, subject to approval of the State Corporation Commission, two or more workers' compensation group self-insurance associations may merge if the resulting group self-insurance association assumes in full all obligations of the merged group self-insurance associations.
A BILL to amend and reenact § 65.2-802 of the Code of Virginia, relating to workers' compensation; group self-insurance associations.23104406D
Patron: Batten
Home solicitation sale; definition. 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, an affiliate of any such entity, or a dealer licensed by the Motor Vehicle Dealer Board, 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.
A BILL to amend and reenact § 59.1-21.2 of the Code of Virginia, relating to home solicitation sale; definition.23105785D
Patron: Bloxom
Development of offshore wind capacity; cost recovery. Requires that the State Corporation Commission, in conducting its review of requests for cost recovery by a Phase II Utility for costs associated with generating facilities utilizing energy derived from offshore wind, to give due consideration to the economic development benefits of the project for the Commonwealth, including capital investments and job creation, arising from project construction and operation and the manufacture of wind turbine generator components and subcomponents. 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 2032.
A BILL to amend and reenact § 56-585.1:11 of the Code of Virginia, relating to development of offshore wind capacity; cost recovery.23104886D
Patron: Byron
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.23104329D