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ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
2024 SESSION
Chair: R. Creigh Deeds
Clerk: Hobie Lehman, Andrew Horton
Staff: Thomas Stevens
Date of Meeting: February 5, 2024
Time and Place: 15 mins after adjournment / Senate Room A, GAB, 3rd Floor
https://virginia-senate.granicus.com/ViewPublisher.php?view_id=3
Patron: Locke
Health insurance; coverage for doula care services. Requires health insurers, corporations providing health care subscription contracts, and health maintenance organizations whose policy, contract, or plan includes coverage for obstetrical services to provide coverage for doula care services provided by a state-certified doula. The bill requires such coverage to include coverage for at least eight visits during the antepartum or postpartum period and support during labor and delivery. The bill provides that health insurance carriers are (i) not required to pay for duplicate services actually rendered by both a state-certified doula and another health care provider and (ii) prohibited from requiring supervision, signature, or referral by any other health care provider as a condition of reimbursement for doula care services, except when those requirements are also applicable to other categories of health care providers. The provisions of the bill apply to policies, contracts, or plans delivered, issued for delivery, or renewed in the Commonwealth on and after January 1, 2025.
A BILL to amend and reenact § 38.2-4319 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 38.2-3414.2, relating to health insurance; coverage for doula care services.24103178D
Patron: Head
Securities Act; digital tokens; exemption. Provides that an issuer or seller of a digital token, as defined in the bill, shall be exempt from the registration requirements of the Securities Act if (i) the digital token cannot be considered an investment contract, as defined in the bill; (ii) the primary purpose of the token is consumptive, as defined in the bill; (iii) the issuer or seller of the digital token did not market the digital token to the initial buyer as a financial investment; and (iv) at least one of four additional criteria are satisfied. The bill requires an issuer or seller of a digital token to file a notice of intent with the State Corporation Commission prior to qualifying for such exemption. The bill also requires the Commission to make a notice of intent form available on its website for this purpose and permits the Commission to promulgate rules as necessary to implement the provisions of the bill.
A BILL to amend the Code of Virginia by adding a section numbered 13.1-514.3, relating to Securities Act; digital tokens; exemption.24101473D
Patron: Subramanyam
Electric utilities; data center demand; allocation of costs among customer classes. Directs the State Corporation Commission to ensure that any plan, petition, or proposal from a utility to meet demand associated with data centers considers generation, transmission, and distribution system costs so as to meet such demand at the lowest aggregate reasonable cost. The bill also directs the Commission to initiate a proceeding, on or before December 31, 2024, (i) to determine if the current allocation of costs among customers and the different classifications of customers of electric utilities results in customers that are data centers receiving unreasonable subsidies from other customers or classifications of customers and (ii) if it determines unreasonable subsidies exist, to amend such allocation of costs.
A BILL to direct the State Corporation Commission to ensure consideration of certain costs and to determine if unreasonable subsidies exist regarding data centers.24104712D
Patron: Hashmi
Electric utilities; energy efficiency programs; duty to implement the Energy Policy of the Commonwealth; RPS program requirements; competitive procurement. Provides that "in the public interest" for the purpose of assessing energy efficiency programs means that the State Corporation Commission determines that the program is cost-effective and directs the Commission to initiate a proceeding no later than December 31, 2025, to establish a single, consistent cost-effectiveness test for use in evaluating proposed energy efficiency programs.
The bill provides (i) that "total electric energy" for purposes of the RPS Program requirements does not include energy sold to certain customers purchasing 100 percent renewable energy and (ii) that in any RPS program compliance year, any electric energy that was generated in the previous calendar year from certain nuclear generating plants, or any zero-carbon electric generating facilities, including small modular nuclear reactors and green hydrogen facilities, will reduce the utility's RPS Program requirements by an equivalent amount.
The bill provides that the Commission and its staff have the affirmative duty to ensure the Commonwealth implements the Energy Policy of the Commonwealth at the lowest reasonable cost, taking into account all cost-effective demand-side management options and the security and reliability benefits of the regional transmission entity to which each incumbent electric utility has joined.
The bill requires that for certain required petitions by Appalachian Power and Dominion Energy Virginia for approvals to construct, acquire, or purchase the generating capacity using energy derived from sunlight or onshore wind, at least 35 percent of such generating capacity is from the purchases of energy from solar or onshore wind facilities owned by persons other than such utilities. Current law requires 35 percent of such generating capacity to be from the purchases of energy from solar or onshore wind facilities owned by persons other than such utilities.
A BILL to amend and reenact §§ 56-576 and 56-585.5 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 56-581.2, relating to electric utilities; energy efficiency programs; duty to implement the Energy Policy of the Commonwealth; RPS program requirements; competitive procurement.24104990D
Patron: McPike
Building service employees; public contracting. Permits any county, city, or town in the Commonwealth to provide for certain requirements concerning incumbent and successor building service employers, defined in the bill, by local ordinance or resolution. For example, such local ordinance or resolution may require that successor building service employers retain incumbent employees during a transition period of 90 days. Under the bill, building service employees are those who perform work in connection with the care or maintenance of property, services at an airport, or food preparation services at schools. The bill provides that a building service employer that violates the provisions of a local ordinance or resolution enacted pursuant to the bill may be subject to a civil action and monetary damages.
A BILL to amend the Code of Virginia by adding in Article 6 of Chapter 43 of Title 2.2 a section numbered 2.2-4377.1, relating to building service employees; public contracting.24104539D
Patron: McPike
Virginia Petroleum Products Franchise Act; agreements between jobber/distributors and dealers; market valuation study. Provides that a term of an initial agreement between a jobber/distributor and a dealer relating to specific marketing premises shall not be less than one year and that the term of all subsequent agreements between the jobber/distributor and the dealer relating to the same marketing premises shall not be for less than three years. The bill provides that rental provisions in any such agreement or franchise shall be based on commercially fair and reasonable standards at a fair market value of the leased marketing premises under an objectively reasonable analysis, uniformly applied to all similarly situated dealers of the same jobber/distributor in the same geographic area. If a dealer believes the terms of the agreement offered do not meet a fair market value, such dealer may hire, at his expense, an independent third-party appraisal company from a list of appraisal companies provided by the jobber/distributor to provide a market valuation study.
A BILL to amend the Code of Virginia by adding a section numbered 59.1-21.11:2, relating to Virginia Petroleum Products Franchise Act; agreements between jobber/distributors and dealers; market valuation study.24104320D
Patron: Surovell
Shared solar programs; Dominion Energy Virginia; minimum bill; capacity. Amends existing shared solar program provisions to apply to Dominion Energy Virginia (Phase II Utility). The bill provides that a customer's net bill for participation in the shared solar program means the resulting amount a customer must pay the utility after the bill credit, defined in relevant law, is deducted from the customer's monthly gross utility bill. The bill requires the State Corporation Commission to establish a minimum bill, below which a subscriber's net bill cannot go, that is calculated based on the amount of kilowatt-hours billed by the utility. The bill also changes the shared solar program capacity to 450 megawatts and requires the Commission's regulations to allow for program participation by all jurisdictional and nonjurisdictional customer classes.
Under the bill, co-location of two or more shared solar facilities is permitted for shared solar program participation if the facilities are located on a single parcel of land. The bill requires the Commission to (i) establish regulations that prohibit early termination fees and credit reporting for low-income customers, (ii) require net financial savings for subscribers relative to the subscription fee, (iii) require a customer's affirmative consent before providing customer billing and usage data to a subscriber organization, and (iv) establish customer engagement rules. Under the bill, any net crediting fee imposed by the shared solar program shall not exceed one percent of the bill credit value and shall be charged to the subscriber organization. The bill also provides that a utility is permitted to seek recovery of bill credit costs in its triennial base review only if such costs would result in the utility being unable to meet its revenue requirement after accounting for all avoided costs that can be realized by ratepayers.
The bill specifies that the Commission shall update its shared solar program consistent with the requirements of the bill by January 1, 2025, and shall require each utility to file any associated tariffs, agreements, or forms necessary for implementing the program by July 1, 2025. Additionally, the bill requires the Department of Energy to convene a stakeholder work group to determine the amounts and forms of project incentives for (a) projects located on rooftops, brownfields, or landfills; (b) projects that are dual-use agricultural facilities; or (c) projects that satisfy another category as established by the Department and to submit a written report to the Chairs of the House Committee on Commerce and Energy and the Senate Committee on Commerce and Labor no later than November 30, 2024.
A BILL to amend and reenact § 56-594.3 of the Code of Virginia, relating to shared solar programs; Phase II Utility; minimum bill; capacity.
24102098D
Patron: Surovell
Shared solar programs; American Electric Power; minimum bill; capacity. Requires the State Corporation Commission to establish by regulation a shared solar program, defined in the bill, that allows customers of American Electric Power (Phase I Utility) the opportunity to purchase electric power through a subscription in a shared solar facility, defined in the bill. The bill provides that a customer's net bill for participation in the shared solar program means the resulting amount a customer must pay the utility after the bill credit, defined in the bill, is deducted from the customer's monthly gross utility bill. The bill also requires the Commission to establish a minimum bill, below which a subscriber's net bill cannot go, that is calculated based on the amount of kilowatt-hours billed by the utility and specifies that low-income customers are exempt from such minimum bill.
Under the bill, co-location of two or more shared solar facilities is permitted for shared solar program participation if the facilities are located on a single parcel of land. The bill requires the Commission to (i) establish regulations that prohibit early termination fees and credit reporting for low-income customers, (ii) require net financial savings for subscribers relative to the subscription fee, (iii) require a customer's affirmative consent before providing customer billing and usage data to a subscriber organization, and (iv) establish customer engagement rules. Under the bill, any net crediting fee imposed by the shared solar program shall not exceed one percent of the bill credit value and shall be charged to the subscriber organization. The bill also provides that a utility is permitted to seek recovery of bill credit costs in its triennial base review only if such costs would result in the utility being unable to meet its revenue requirement after accounting for all avoided costs that can be realized by ratepayers.
The bill specifies that the Commission shall update its shared solar program consistent with the requirements of the bill by January 1, 2025, and shall require each utility to file any associated tariffs, agreements, or forms necessary for implementing the program by July 1, 2025. Additionally, the bill requires the Department of Energy to convene a stakeholder work group to determine the amounts and forms of project incentives for (a) projects located on rooftops, brownfields, or landfills; (b) projects that are dual-use agricultural facilities; or (c) projects that satisfy another category as established by the Department and to submit a written report to the Chairs of the House Committee on Commerce and Energy and the Senate Committee on Commerce and Labor no later than November 30, 2024.
A BILL to amend the Code of Virginia by adding a section numbered 56-594.4, relating to shared solar programs; Phase I Utility; minimum bill; capacity.
24102100D
Patron: Surovell
Motor vehicle insurance claims; bad faith. Provides that if an insurance company denies, refuses, or fails to pay its insured, or refuses a reasonable settlement demand within the policy's coverage limits, for a claim for uninsured or underinsured motorist benefits within a reasonable time after being presented with a demand for such benefits and it is subsequently found that such denial, refusal, or failure was not in good faith, then the insurance company is liable to the insured in an amount double the amount of the judgment, together with reasonable attorney fees, expenses, and interest.
The bill also provides that when an insurance company denies, refuses, or fails to pay to its insured a claim under the provisions of a policy of motor vehicle insurance issued by such company to the insured and it is subsequently found that such denial, refusal, or failure was not made in good faith, then the insurance company is liable to the insured in an amount double the amount of the judgment, together with reasonable attorney fees and expenses, and plus interest for claims of more than $3,500 in excess of the deductible.
The bill also provides that when an uninsured person denies, refuses, or fails to pay a claimant a claim of $3,500 or less and it is subsequently found that such denial, refusal, or failure was not made in good faith, then such person is liable to the insured in an amount double the amount of the judgment, together with reasonable attorney fees and expenses.
A BILL to amend and reenact §§ 8.01-66.1, as it is currently effective and as it shall become effective, and 38.2-2206 of the Code of Virginia, relating to remedies for bad faith refusal of motor vehicle insurance claims.24104903D
Patron: Deeds
Prescription Drug Affordability Board established; drug cost affordability review. Establishes the Prescription Drug Affordability Board for the purpose of protecting the citizens of the Commonwealth and other stakeholders within the health care system from the high costs of prescription drug products. The bill directs the Governor to appoint the members and alternate members of the Board and requires the Board to meet in open session at least four times annually, with certain exceptions and requirements enumerated in the bill. Members of the Board are required to disclose any conflicts of interest, as described in the bill. The bill also creates a stakeholder council for the purpose of assisting the Board in making decisions related to drug cost affordability. The bill tasks the Board with identifying prescription, generic, and other drugs, as defined in the bill, that are offered for sale in the Commonwealth and, at the Board's discretion, conducting an affordability review of any prescription drug product. The bill lists factors for the Board to consider that indicate an affordability challenge for the health care system in the Commonwealth or high out-of-pocket costs for patients. The bill also provides that any person aggrieved by a decision of the Board may request an appeal of the Board's decision and that the Attorney General shall have authority to enforce the provisions of the bill.
The bill requires the Board to report its findings and recommendations to the General Assembly twice annually, beginning on July 1, 2025, and December 31, 2025. Provisions of the bill shall apply to state-sponsored and state-regulated health plans and health programs and obligate such policies to limit drug payment amounts and reimbursements to an upper payment limit amount set by the Board, if applicable, following an affordability review. The bill specifies that Medicare Part D plans shall not be bound by such decisions of the Board.
The bill also requires manufacturers of prescription drugs to report information annually by April 1 to the Board instead of a nonprofit organization contracted by the Department of Health. Finally, the bill contains a severability clause and has a delayed effective date of January 1, 2025.
A BILL to amend and reenact § 54.1-3442.02 of the Code of Virginia and to amend the Code of Virginia by adding in Title 32.1 a chapter numbered 7.3, consisting of sections numbered 32.1-276.12 through 32.1-276.21, relating to Prescription Drug Affordability Board established; drug cost affordability review.
24101144D
Patron: Salim
Digital asset mining; holding, use, and transfer of digital assets; securities exemption; tax exemption. Exempts any person engaging in home digital asset mining, digital asset mining, or digital asset mining business activities, as those terms are defined in the bill, from the requirement to obtain a money transmitter license. The bill exempts issuers and sellers of digital assets from securities registration requirements if certain conditions are met. Under the bill, no locality's industrial zone may prohibit the use of such area for digital asset mining or digital asset mining business activities and no local sound ordinance may be more restrictive for digital asset mining or digital asset mining business activities than the current industrial zone noise ordinance of the locality.
Additionally, the bill provides that, for taxable years beginning on and after January 1, 2024, up to $200 per transaction of any net capital gain from exchanges made after January 1, 2024, for one legal tender to another legal tender shall be subtracted from taxable income computations. The bill provides that any person in the Commonwealth may use or transfer digital assets to purchase legal goods or services or transfer or exchange digital assets using a blockchain protocol and that no person engaging in digital asset mining, digital asset mining business activities, or providing digital asset mining or staking services for another person or operating a node or series of nodes on a blockchain network shall be subject to liability for merely validating a transaction. The bill also directs to the Bureau of Financial Institutions of the State Corporation Commission to convene a work group for the purpose of studying and making recommendations related to blockchain technology, digital asset mining, and cryptocurrency activity in the Commonwealth.
A BILL to amend and reenact §§ 6.2-1901 and 58.1-322.02 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 13.1-514.3 and 15.2-2288.9 and by adding in Title 59.1 a chapter numbered 57, consisting of sections numbered 59.1-603, 59.1-604, and 59.1-605, relating to digital asset mining; holding, use, and transfer of digital assets; securities exemption; tax exemption.24104931D
Patron: Subramanyam
Net energy metering; solar interconnection; cost recovery. Provides that an electric distribution company shall pay $1 per kilowatt per day for the costs of lost electricity production for any and all delays beyond the regulatory notice period required by State Corporation Commission related to net energy metering. The bill requires that, for the purposes of net energy metering, an eligible customer-generator shall bear all reasonable costs of equipment required at the eligible customer-generator's side of the meter for the interconnection to the supplier's electric distribution system, including reasonable and prudent costs of additional controls, tests, or liability insurance. Additionally, the bill allows for cost recovery by Phase I and Phase II Utilities for electric distribution grid transformation projects that support the interconnection of generating facilities using energy derived from sunlight that are owned or contracted by eligible customer-generators, subject to the Commission finding those costs to be reasonable and prudent in accordance with existing law.
A BILL to amend and reenact §§ 56-585.1 and 56-594 of the Code of Virginia, relating to net energy metering; solar interconnection; cost recovery.24104922D
Patron: VanValkenburg
Covenants not to compete; health care professionals; civil penalty. Adds health care professionals as a category of employee with whom no employer shall enter into, enforce, or threaten to enforce a covenant not to compete. The bill defines "health care professional" as any physician, nurse, nurse practitioner, physician's assistant, pharmacist, social worker, dietitian, physical and occupational therapist, professional counselor, behavior analyst, assistant behavior analyst, or medical technologist authorized to provide health care services in the Commonwealth. The bill provides that any employer that violates the prohibition against covenants not to compete with a health care professional is subject to the civil penalty in current law of $10,000 for each violation.
A BILL to amend and reenact § 40.1-28.7:8 of the Code of Virginia, relating to employment; covenants not to compete prohibited; civil penalty.24106072D
Patron: Ebbin
Unemployment compensation; employer failure to respond to requests for information; claim determination; notice requirements. Provides that an employer's failure to respond timely or adequately to a written request for information relating to an unemployment claim results in a waiver of all of such employer's rights in connection with the claim, including participation and appeal rights, unless such employer demonstrates that good cause exists for such failure. The bill requires the Virginia Employment Commission to provide written notice for each instance of untimely or inadequate employer response to such requests and specifies that such notice may be delivered through the Employer Self-Service Tax System website maintained by the Commission. The bill also requires the Commission to provide each employer with information regarding deadlines for timely and adequate responses to such requests. Such provisions of the bill apply to erroneous payments established on or after July 1, 2024. The bill also prohibits a deputy designated by the Commissioner to adjudicate unemployment claims from examining or considering facts contained within an employer's untimely or inadequate response and requires that information or evidence from an employer or third party must be shared with the claimant, who must also be provided a reasonable opportunity to review and respond to such information or evidence. The bill requires such deputy to provide the reasoning behind the decision, as described in the bill, and a short statement of case-specific facts material to the determination together with any notice of determination upon a claim. This bill is a recommendation of the Commission on Unemployment Compensation.
A BILL to amend and reenact §§ 60.2-528.1 and 60.2-619 of the Code of Virginia, relating to unemployment compensation; employer failure to respond to requests for information; determinations and decisions by deputy.24103689D
Patron: Marsden
Regulation of towing fees; State Corporation Commission; report. Directs the State Corporation Commission to examine the existing regulation of fees charged for the removal of vehicles and identify policy options for the Commission to assume all or part of such regulation. The bill requires the Commission to report its findings to the General Assembly by November 30, 2024.
A BILL to direct the State Corporation Commission to examine the regulation of fees charged for the removal of vehicles and identify policy options to assume all or part of such regulation; report.24100181D
Patron: Marsden
Electric utilities; recovery of development costs associated with small modular reactor. Permits American Electric Power (Phase I Utility) and Dominion Energy Virginia (Phase II Utility) to petition the State Corporation Commission at any time for the approval of a rate adjustment clause for the recovery of small modular reactor project development costs. The bill also permits the utility to petition the Commission for project development cost recovery along separate development phases.
A BILL to amend the Code of Virginia by adding a section numbered 56-585.1:14, relating to electric utilities; recovery of development costs associated with small modular reactor.24104921D
Patron: Carroll Foy
Employee protections; employer-sponsored meetings on political matters; civil action. Prohibits an employer from retaliating against an employee (i) because such employee declines to attend or participate in an employer-sponsored meeting or receive an employer's communications conveying an opinion about political matters, as defined in the bill; (ii) as a means of inducing an employee's attendance at such meeting or receipt of such communications; or (iii) because the employee reports a suspected violation of the bill's provisions. The bill permits an employee alleging a violation of the bill's provisions to bring an action in civil court within 90 days after such violation occurs for appropriate relief, including injunctive relief, reinstatement, compensation for lost wages, benefits, and other remuneration, interest, and reasonable attorney fees and costs.
A BILL to amend the Code of Virginia by adding in Article 1 of Chapter 3 of Title 40.1 a section numbered 40.1-28.7:11, relating to employee protections; employer-sponsored meetings on political matters; civil action.24102604D
Patron: Carroll Foy
Electric utilities; integrated resource plans; grid-enhancing technologies and advanced conductors. Requires an electric utility to include in an integrated resource plan a comprehensive assessment of the application of grid-enhancing technologies and advanced conductors, as those terms are defined in the bill, and, if applicable, to include in such plan a detailed explanation of why such technologies or conductors are not included in such plan.
A BILL to amend and reenact §§ 56-46.1, 56-597, and 56-599 of the Code of Virginia, relating to electric utilities; integrated resource plans; grid-enhancing technologies and advanced conductors.24105072D
Patron: Surovell
Renewable energy portfolio standard; geothermal heating and cooling systems; Strategic Energy Investment Fund and Program established; Geothermal Energy Work Group established; reports. Provides that geothermal heating and cooling systems, as defined in the bill, located in the Commonwealth are eligible for compliance with renewable energy portfolio standard (RPS) requirements. The bill requires that certain percentages of the RPS requirements be derived from post-2019 geothermal heating and cooling systems, as defined in the bill, in accordance with the schedule prescribed in the bill. The bill also requires that at least 25 percent of the required RPS required percentages be derived from post-2019 geothermal systems in historically economically disadvantaged communities and includes information for the State Corporation Commission to use in calculating the amount of renewable energy credits attributable to geothermal heating and cooling systems.
The bill includes certain labor and employment requirements for large (360,000 BTU or greater generating capacity) geothermal heating and cooling systems and authorizes the Department of Labor and Industry to promulgate related regulations and enforce compliance with the requirements.
The bill adds additional noncompliance fees for Phase I and Phase II Utilities that are unable to meet the RPS compliance obligations that must be derived from a post-2019 geothermal heating or cooling system, and requires that such RPS noncompliance fees be paid into a new fund called the Strategic Energy Investment Fund. The Fund shall be administered by the Department of Energy and used to implement the Strategic Energy Investment Program, with the purpose of implementing job training programs in historically economically disadvantaged communities, energy efficiency measures for public facilities, and renewable energy programs in historically economically disadvantaged communities.
The bill also creates a Geothermal Energy Work Group for the purposes of studying the status and impact of increasing the use of geothermal heating and cooling systems in the Commonwealth, among other factors. The bill directs the Work Group to submit an annual report of its findings to the Chairmen of the Senate Committee on Commerce and Labor and the House Committee on Commerce and Energy.
Additionally, the bill directs the Department of Energy to conduct a comprehensive technical study on the status of geothermal heating and cooling systems in the Commonwealth and the potential impacts of expanding and incentivizing the use of geothermal heating and cooling systems in the Commonwealth. The Department of Energy, in consultation with the Geothermal Energy Work Group, is also directed to develop recommendations by December 1, 2024, for an incentive structure to increase the deployment of geothermal heating and cooling systems in the Commonwealth.
Portions of the bill have a delayed effective date of January 1, 2025.
A BILL to amend and reenact §§ 56-576 and 56-585.5 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 56-585.5:1 and 56-585.5:2, relating to renewable energy portfolio standard; geothermal heating and cooling systems; Strategic Energy Investment Program and Fund established; Geothermal Energy Work Group established; Department of Energy; Department of Labor and Industry; reports.24104935D
Patron: Bagby
Health insurance; emergency services; mobile crisis response services. Provides that emergency services, with respect to an emergency medical condition, include (i) a screening examination, including ancillary services, that is within the capability of a provider licensed by the Department of Behavioral Health and Developmental Services as a behavioral health crisis service provider and (ii) such further examination and treatment as is required to stabilize the patient. The bill also adds crisis receiving centers to locations where mobile crisis response services and support may be provided and thereby be covered by health insurance.
A BILL to amend and reenact §§ 38.2-3412.1 and 38.2-3438 of the Code of Virginia, relating to health insurance; emergency services; mobile crisis response services.24103447D
Patron: Deeds
Energy efficiency programs; incremental annual savings. Provides that it is in the public interest and the policy of the Commonwealth to deploy demand-side management programs and energy efficiency measures throughout the Commonwealth to achieve the greatest possible reductions in energy consumption. The bill permits the State Corporation Commission to increase or decrease an investor-owned electric utility's combined rate of return based on the utility's success in complying with energy efficiency program targets in existing law. Additionally, the bill states that "in the public interest," for the purpose of assessing energy efficiency programs, means that the Commission determines that the program is cost-effective. The bill directs the Commission to promulgate regulations no later than December 31, 2024, establishing a single, consistent cost-effectiveness test for use in evaluating proposed energy efficiency programs. Finally, the bill requires the Commission to consider, as a factor in establishing performance based adjustments to the combined rate of return for an electric utility, the utility's compliance with energy efficiency standards and to update ongoing proceedings to consider this factor no later than December 31, 2024. The provisions of the bill apply to any Commission proceeding that commenced on or after January 1, 2024.
A BILL to amend and reenact §§ 56-576, 56-585.1, and 56-596.2 of the Code of Virginia, relating to energy efficiency programs; incremental annual savings.24104925D
Patron: Deeds
Siting of energy facilities; approval by the State Corporation Commission. Establishes a procedure under which an electric utility or independent power provider (applicant) is able to obtain approval for a certificate from the State Corporation Commission for the siting of an energy facility rather than from the governing body of a locality. Under the bill, applicants are authorized to submit an application to the Commission if (i) the locality fails to timely approve or deny an application; (ii) the application complies with certain requirements for Commission approval, but a host locality denies the application; or (iii) the locality amends its zoning ordinance after it has notified the applicant that its requirements are compatible with the requirements for Commission approval, and the amendment imposes additional requirements that are more restrictive. The bill provides that an applicant who is issued a certificate by the Commission for an energy facility is exempt from obtaining approvals or permits, including any land use approvals or permits under the regulations and ordinances of the locality.
The bill applies to any solar energy facility with a capacity of 50 megawatts or more, any wind energy facility with a capacity of 100 megawatts or more, and any energy storage facility with a nameplate capacity of 50 megawatts or more and an energy discharge capability of 200 megawatt hours or more.
A BILL to amend and reenact §§ 15.2-2316.6 through 15.2-2316.9 of the Code of Virginia and to amend the Code of Virginia by adding in Title 56 a chapter numbered 31, consisting of sections numbered 56-626 through 56-636, relating to siting of energy facilities; approval by the State Corporation Commission.24104898D
Patron: McPike
Electric utilities; customer energy choice; notice required for customer return to service. Removes certain restrictions on the ability of individual retail customers of electric energy within the Commonwealth, regardless of customer class, to purchase electric energy provided 100 percent from renewable energy from any supplier of electric energy licensed to sell retail electric energy within the Commonwealth. The bill also decreases the required written notice period from five years to six months for certain electric energy customers to return to service by Dominion Energy Virginia after purchasing electric energy from other suppliers.
A BILL to amend and reenact § 56-577 of the Code of Virginia, relating to electric utilities; customer energy choice; notice required for customer return to service.24101613D
Patron: Rouse
State Corporation Commission; powers and duties. Provides that in proceedings before the State Corporation Commission, the Commission shall consider public safety, the economy of the Commonwealth, the promotion of workforce development for residents of the Commonwealth, and the maintenance of fair labor standards for workers employed by public service companies and their contractors.
A BILL to amend and reenact § 12.1-12 of the Code of Virginia, relating to State Corporation Commission; powers and duties.
24104287D
Patron: Carroll Foy
Health insurance; pharmacy benefits managers; reporting requirements; civil penalty. Provides that a person that violates the existing requirement to obtain a license prior to providing pharmacy benefits management services or otherwise acting as a pharmacy benefits manager shall be subject to a civil penalty of $5,000 for each day on which such violation occurs. The bill adds to existing reporting requirements for insurance carriers relating to pharmacy benefits managers. Such additional requirements include (i) the aggregate amount of a pharmacy benefits manager's retained rebates, as defined in the bill; (ii) a pharmacy benefits manager's aggregate retained rebate percentage, as defined in the bill; (iii) a pharmacy benefits manager's retained rebate percentage, as defined in the bill, for each health benefit plan; and (iv) the aggregate amount of administrative fees received by a pharmacy benefits manager.
A BILL to amend and reenact §§ 38.2-3465, 38.2-3466, and 38.2-3468 of the Code of Virginia, relating to health insurance; pharmacy benefits managers; reporting requirements; civil penalty.24104081D
Patron: Stuart
Electric utilities; electric distribution infrastructure serving data centers. Prohibits the costs associated with the construction or extension of any electric distribution infrastructure that primarily serves the load of a data center from being recovered from any other customer.
A BILL to amend and reenact § 56-585.1 of the Code of Virginia, relating to electric utilities; electric distribution infrastructure serving data centers.24100901D
Patron: Pekarsky
Surplus line broker taxes. Provides that any surplus lines broker or any person required to be licensed as one shall not be subject to the annual taxes, license taxes, or penalties under current law for any policy of insurance procured during the preceding calendar year on behalf of a commuter rail system jointly operated by the Northern Virginia Transportation Commission and the Potomac and Rappahannock Transportation District.
A BILL to amend and reenact § 38.2-4809 of the Code of Virginia, relating to surplus line broker license tax.24102003D
Patron: Carroll Foy
Minimum wage and overtime pay; warehouse distribution center employees and employers; civil action; civil penalty. Provides that (i) an employer that violates requirements in existing law relating to the minimum wage, payment of wages and salaries, or overtime pay or (ii) a warehouse employer, as defined in the bill, that violates the bill's provisions shall be liable to an impacted employee for certain remedies, damages, and other relief as specified in the bill. The bill requires a warehouse employer to provide each warehouse employee, as defined in the bill, a written description of each performance standard to which such employee is subject and of any potential adverse employment action that may result from such employee's failure to meet such performance standard. The bill prohibits a warehouse employer from taking adverse action against a warehouse employee for such employee's use of a bathroom facility. The bill provides that a warehouse employer that violates the bill's provisions relating to warehouse employers is subject to a civil penalty not to exceed $5,000 for each violation.
A BILL to amend and reenact §§ 2.2-2751, 40.1-28.12, 40.1-29, 40.1-29.2, 40.1-29.3, and 53.1-40.02 of the Code of Virginia, relating to minimum wage and overtime pay; warehouse distribution center employees and employers; civil action; civil penalty.24105407D
Patron: Suetterlein
Development of offshore wind capacity; prohibited cost recovery.
A BILL to amend and reenact § 56-585.1:11 of the Code of Virginia, relating to development of offshore wind capacity; prohibited cost recovery.24105719D
Patron: Bagby
Insurance; continuing education board; membership. Adds a member of the Virginia chapter of the National African American Insurance Association to the insurance continuing education board. Additionally, the bill amends the name of the association of one existing required member, from the Virginia Association of Health Underwriters to the Virginia chapter of the National Association of Benefits and Insurance Professionals, to reflect such association's current name.
A BILL to amend and reenact § 38.2-1867 of the Code of Virginia, relating to insurance; continuing education board; membership.24104359D
Patron: Perry
Pilot program for underground transmission lines; qualifying projects. Increases the maximum capacity of qualifying electrical transmission lines, for purposes of the pilot project for underground transmission lines, from 230 kilovolts to 500 kilovolts. The bill provides that the State Corporation Commission shall approve additional qualifying projects as part of the pilot program that traverse along highways in developed areas where the route of proposed transmission lines and towers traverse areas protected by a scenic easement, view shed easement, areas of registered historic designation, or areas of conservation easements. Under the bill, existing requirements for qualifying projects shall continue to apply to such new category of qualifying projects.
A BILL to amend and reenact § 56-585.1:5 of the Code of Virginia, relating to pilot program for underground transmission lines; qualifying projects.24105004D
Patron: Marsden
Public service companies; pole attachments; cable television systems and telecommunications service providers. Requires a public utility, regarding the replacement of a pole to accommodate an attachment by a telecommunications service provider or cable television system, to conduct such attachment and any required pole replacement in a manner consistent with federal guidance and regulations. The bill prohibits a public utility from apportioning to a telecommunications service provider or cable television system the cost of replacing a pole that fails to meet certain standards as specified in the bill.
A BILL to amend and reenact § 56-466.1 of the Code of Virginia, relating to public service companies; pole attachments; cable television systems and telecommunications service providers.24105000D
Patron: Surovell
Virginia Climate Innovation Authority; established; report. Creates the Virginia Climate Innovation Authority to finance clean energy projects, greenhouse gas emissions reduction projects, and other qualified projects through the strategic deployment of public funds in the form of grants, loans, credit enhancements, and other financing mechanisms. The Authority is governed by a 12-member Board, consisting of one member of the House of Delegates, one member of the Senate, five nonlegislative citizen members to be appointed by the Governor, the Secretary of Commerce and Trade, the Secretary of Finance, the Secretary of Transportation, the Secretary of Labor, and the Director of the Department of Energy. The bill contains provisions for (i) the appointment of a president and the hiring of staff, (ii) the powers and duties of the Authority, (iii) lending practices, (iv) a strategic plan, (v) an investment strategy, (vi) public outreach requirements, (vii) audits, (viii) exemptions from taxes and from personnel and procurement procedures, and (ix) reporting requirements.
A BILL to amend the Code of Virginia by adding in Chapter 22 of Title 2.2 an article numbered 13, consisting of sections numbered 2.2-2378 through 2.2-2390, relating to Virginia Climate Innovation Authority; established; report.24104393D
Patron: Sturtevant
Health insurance; denial of referral by direct primary care provider prohibited. Prohibits a health insurance carrier from (i) denying payment for any health care service covered under an enrollee's health benefit plan based solely on the basis that such enrollee's referral was made by a direct primary care provider or (ii) imposing a cost-sharing requirement greater than the applicable cost-sharing requirement that would apply to the same health care service if the service was referred by a participating provider. The bill provides that a health insurance carrier may require a direct primary care provider to provide information demonstrating that such provider has entered into a direct primary care agreement with the enrollee.
A BILL to amend the Code of Virginia by adding a section numbered 38.2-3407.10:01, relating to health insurance; denial of referral by direct primary care provider prohibited.24104904D
Patron: Surovell
Energy efficiency programs.
A BILL to amend the Code of Virginia by to amend and re-enact a section numbered 56-576, relating to energy efficiency programs.24105837D
Patron: Surovell
Study; State Corporation Commission; electric utilities; performance-based regulatory tools; report. Requests the State Corporation Commission, in consultation with the Department of Energy, to study performance-based regulatory tools for investor-owned electric utilities in the Commonwealth.
Requesting the State Corporation Commission, in collaboration with the Department of Energy to study performance-based regulatory tools for investor-owned electric utilities in the Commonwealth. Report.24104724D