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2024 SESSION

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Senate Committee on Commerce and Labor

Chair: R. Creigh Deeds

Clerk: Hobie Lehman, Andrew Horton
Staff: Thomas Stevens
Date of Meeting: February 26, 2024
Time and Place: 15 mins. after Senate adjourns / Senate Room A, 3rd Floor, GAB
Updated to add HB 1491

H.B. 14

Patron: Ware

Unemployment compensation; employer failure to respond to requests for information; claim determination; notice requirements. Provides that an employer's account shall not be relieved of charges relating to an erroneous payment if the Virginia Employment Commission determines that (i) the employer has failed to respond timely or adequately to a written request for information related to the claim and (ii) the employer has established a pattern of failing to respond timely or adequately to such requests, as described in the bill. The bill requires the Commission to provide written notice for each instance of untimely or inadequate employer response to such requests. The bill provides that upon the Commission's third determination, and for each subsequent determination, within the applicable review period that an employer failed to respond timely or adequately to such a request, the employer shall be considered to have waived all rights in connection with the claim, including participation and appeal rights. The bill requires a deputy examining a claim 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. As introduced, this bill was 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.

24106377D

H.B. 106

Patron: Sullivan

Shared solar programs; Dominion Energy Virginia; minimum bill; capacity. Amends existing shared solar program provisions applicable to Dominion Energy Virginia. 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 divides the shared solar program into two parts, the first of which has an aggregate capacity of 200 megawatts. The bill provides that upon a determination that at least 90 percent of the megawatts of the aggregate capacity of part one of such program has been subscribed, as defined in the bill, and that project construction is substantially complete, the State Corporation shall approve up to an additional 150 megawatts of capacity as part two of such program, 75 megawatts of which shall serve no more than 51 percent low-income customers, as defined in relevant law. The bill directs the Commission to initiate a proceeding to recalculate the minimum bill within 30 days of the deamination of a final order in a proceeding establishing the value of a solar renewable energy certificate as required by relevant law. The bill specifies that the Commission shall update its shared solar program consistent with the requirements of the bill by March 1, 2025, and shall require each utility to file any associated tariffs, agreements, or forms necessary for implementing the program by December 1, 2025. Additionally, the bill requires the Department of Energy to convene a stakeholder work group to determine the amounts and forms of certain project incentives and to submit a written report to the Chairmen of the House Committee on Labor and Commerce 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.

24107534D

H.B. 108

Patron: Sullivan

Shared solar programs; American Electric Power; minimum bill; capacity. Requires the State Corporation Commission to establish by regulation a shared solar program, as defined in the bill, through which customers of American Electric Power may purchase electric power through a subscription in a shared solar facility, as defined in the bill. The bill requires the Commission to establish a minimum bill, which shall include the costs of all utility infrastructure and services used to provide electric service and administrative costs of the shared solar program, taking into account certain considerations. The bill directs the Commission to initiate a proceeding to recalculate such minimum bill within 30 days of the deamination of a final order in a proceeding establishing the value of a solar renewable energy certificate as required by relevant law. The bill specifies that the Commission shall establish the 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 of certain project incentives and to submit a written report to the Chairmen of the House Committee on Labor and Commerce 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.

24107302D

H.B. 139

Patron: Simonds

Prevailing wage rate for underground infrastructure works by public service companies. Directs the Department of Labor and Industry to determine and make available the prevailing wage rate for underground infrastructure work. Under the bill, each public service company shall ensure that its bid specifications or other contracts applicable to underground infrastructure works require payment at the prevailing wage rate. The bill requires contractors and subcontractors to post the prevailing wage rate in a prominent and accessible place at the work site. The bill also requires each public service company, contractor, or subcontractor subject to the provisions of the bill to comply with certain recordkeeping requirements. Provisions of the bill apply to contracts entered into on or after July 1, 2024.

A BILL to require payment of prevailing wage rate for underground infrastructure works by public service companies.

24106489D

H.B. 157

Patron: McClure

Minimum wage; farm laborers or farm employees; temporary foreign workers. Eliminates the exemptions from Virginia's minimum wage requirements for (i) persons employed as farm laborers or farm employees and (ii) certain temporary foreign workers. This bill incorporates HB 866.

A BILL to amend and reenact § 40.1-28.9, as it is currently effective and as it shall become effective, of the Code of Virginia, relating to minimum wage; farm laborers or farm employees; temporary foreign workers.

24105711D

H.B. 205

Patron: Simonds

Workers' compensation; prompt payment; limitation on claims. Prohibits an employer or workers' compensation carrier from seeking recovery of a payment made to a health care provider for health care services rendered to a claimant, unless such recovery is sought less than one year from the date payment was made to the health care provider. Under current law, such prohibition only applies to services rendered after July 1, 2014.

The bill also prohibits a health care provider from submitting a claim to the Workers' Compensation Commission contesting the sufficiency of payment for health care services rendered to a claimant unless such claim is filed within one year of the date the last payment is received by the health care provider. Under current law, such prohibition only applies to services rendered after July 1, 2014.

A BILL to amend and reenact § 65.2-605.1 of the Code of Virginia, relating to workers' compensation; prompt payment; limitation on claims.

24101194D

H.B. 218

Patron: Orrock

Health insurance; health care provider panels; continuity of care. Requires a provider to continue to render health care services to any of the carrier's enrollees who have an existing provider-patient relationship with the provider 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 has an existing provider-patient relationship with a provider, and, at the time of the provider's termination, (i) has been medically confirmed to be pregnant, the provider is required to continue care through the postpartum period; (ii) is determined to be terminally ill, the provider is required to continue care for the remainder of the enrollee's life; (iii) has been determined by a medical professional to have a life-threatening condition, the provider is required to continue care for up to 180 days; and (iv) is admitted to and receiving treatment in an inpatient facility, the provider is required to continue care until the enrollee is discharged from the inpatient facility. Under current law, the carrier is required to permit the provider to provide such continuity of care. The bill provides that the continuity of care provisions also apply to plans administered by the Department of Medical Assistance Services that provide benefits pursuant to Title XIX or Title XXI of the Social Security Act.

A BILL to amend and reenact §§ 38.2-3407.10 and 38.2-4319 of the Code of Virginia, relating to health insurance; health care provider panels; continuity of care.

24107076D

H.B. 277

Patron: Helmer

Consumer protection; transparency in ticket fees; civil penalties. Requires any person selling or reselling a ticket to an event to clearly and conspicuously display the total cost of the ticket from the first time a price is displayed and any time thereafter. The bill allows for a civil penalty of not less than $1,000 nor more than $5,000 for each violation.

A BILL to amend the Code of Virginia by adding in Title 59.1 a chapter numbered 38.3, consisting of sections numbered 59.1-466.9 and 59.1-466.10, relating to consumer protection; transparency in ticket fees; civil penalties.

24101116D

H.B. 335

Patron: Gardner

Department of Labor and Industry; tipped employee wages; work group. Directs the Department of Labor and Industry to convene a work group to study (i) options for increasing tipped employee minimum cash wages; (ii) circumstances related to wage theft or payment inequities by employers of tipped wage employees; and (iii) amending the penalty provisions related to employee remedies and employer penalties for violations of minimum wage requirements. The work group shall submit a report of its findings no later than December 1, 2024.

 A BILL to direct the Department of Labor and Industry to study increasing tipped employee wages and address wage theft by employers of tipped employees.

24106660D

H.B. 385

Patron: Simonds

Railroad safety; civil penalties. Requires a crew of at least two qualified individuals on all trains, locomotives, or light engines used in connection with moving freight.

 A BILL to amend the Code of Virginia by adding in Article 7 of Chapter 13 of Title 56 a section numbered 56-425.1 relating to railroad safety; minimum train crew; movement of freight; civil penalties.

24106612D

H.B. 392

Patron: Reaser

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. The bill provides that such study shall (i) be for informational purposes only, (ii) not require either party to disclose confidential business information, and (iii) not bind either party. The provisions of the bill apply to Planning District 8 and to initial franchise agreements and renewals of franchise agreements entered into after July 1, 2024.

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.

24107169D

H.B. 489

Patron: Garrett

Insurance; Fire Programs Fund; purposes. Provides that the portion of the Fire Programs Fund allocated to localities may be used for the additional purposes of (i) constructing, improving, or expanding fire station facilities, (ii) providing mental health resources, or (iii) hiring additional fire personnel and funding recruitment and retention programs. The bill also prohibits such funds from being used, except as provided, for the purposes of investments, operating expenses, debt repayment, taxes, or fees.

A BILL to amend and reenact § 38.2-401 of the Code of Virginia, relating to insurance; Fire Programs Fund; purposes.

24107326D

H.B. 570

Patron: Delaney

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 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 provides that the Board shall establish no more than 12 upper payment limit amounts annually between January 1, 2025, and January 1, 2028.
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 the nonprofit organization contracted by the Department of Health to provide the Board access to certain data reported by manufacturers. The bill 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 32.1-276.19, relating to Prescription Drug Affordability Board established; drug cost affordability review.

24106760D

H.B. 601

Patron: Kilgore

Health insurance; emergency services; mobile crisis response services. Provides that emergency services, with respect to an emergency medical condition, include, as it relates to any mental health services or substance abuse services rendered at a behavioral health crisis service provider, (i) a behavioral health assessment that is within the capability of a behavioral health crisis service provider, including ancillary services routinely available to evaluate such emergency medical condition, and (ii) such further examination and treatment, to the extent that they are within the capabilities of the staff and facilities available at the behavioral health crisis service provider, as are required so that the patient's condition does not deteriorate.

A BILL to amend and reenact §§ 38.2-3412.1, 38.2-3438, and 38.2-3445 of the Code of Virginia, relating to health insurance; emergency services; mobile crisis response services.

24107116D

H.B. 736

Patron: Sewell

Veterans' Services Protection Act; prohibited practices; penalty. Creates the Veterans' Services Protection Act to prohibit any person from receiving compensation for preparing, presenting, prosecuting, advising, consulting, or assisting any individual regarding any veterans' benefits matter, as defined in the bill, except as permitted under federal law. The bill provides that a violation of its provisions constitutes a prohibited practice under the Virginia Consumer Protection Act.

A BILL to amend and reenact § 59.1-200 of the Code of Virginia and to amend the Code of Virginia by adding in Title 59.1 a chapter numbered 57, consisting of sections numbered 59.1-603, 59.1-604, and 59.1-605, relating to Veterans' Services Protection Act; prohibited practices; penalty.

24106152D

H.B. 744

Patron: Maldonado

Consumer protection; automatic renewal or continuous service offers. Requires a supplier making automatic renewal or continuous service offers that automatically renew after more than 30 days and extend the automatic renewal or continuous service offer for more than a period of 12 months to notify the consumer, as defined in the bill, of the option to cancel no less than 30 days and no more than 60 days before the cancellation deadline or the end of the current contract term.

A BILL to amend and reenact §§ 59.1-207.45 and 59.1-207.46 of the Code of Virginia, relating to consumer protection; automatic renewal or continuous service offers.

24106198D

H.B. 746

Patron: Webert

Energy efficiency programs; incremental annual savings. Provides that for the 2029 program year and all subsequent years, "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 September 30, 2025, establishing a single, consistent cost-effectiveness test for use in evaluating proposed energy efficiency programs. The bill requires Dominion Energy Virginia and Appalachian Power Company to track, quantify, and report to the Commission the incremental annual savings, as defined in the bill, achieved by such utility's energy efficiency programs.  A BILL to amend and reenact §§ 56-576 and 56-596.2 of the Code of Virginia, relating to energy efficiency programs; incremental annual savings.

24106758D

H.B. 800

Patron: Herring

Public service companies; pole attachments; cable television systems and telecommunications service providers. Requires a public utility, as defined in the bill, to establish and adhere to pole attachment practices and procedures that comply with certain requirements, including determining whether an attachment request is complete before reviewing such request on its merits, complying with certain timelines, and providing notice of a rearrangement to affected existing attachers. The bill provides that a public utility shall not apportion to a telecommunications service provider or cable television system the cost of replacing a red-tagged pole, as defined in the bill, provided that such utility may apportion to such provider or system the incremental cost of a taller or stronger pole that is necessitated solely by the new facilities of such provider or system. The bill authorizes the State Corporation Commission to enforce its provisions and requires the Commission to resolve disputes involving pole access within 90 days and concerning certain other matters within 120 days.

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.

24107113D

H.B. 862

Patron: Hernandez

Electric utilities; integrated resource plans; grid-enhancing technologies and advanced conductors. Requires an electric utility to include in an integrated resource plan (i) a comprehensive assessment of the potential application of grid-enhancing technologies and advanced conductors, as those terms are defined in the bill, in a manner that ensures grid reliability and safeguards the cybersecurity and physical security of the electric distribution grid and (ii) if applicable, a detailed explanation of why such technologies or conductors are not included in such plan.

A BILL to amend and reenact §§ 56-597 and 56-599 of the Code of Virginia, relating to electric utilities; integrated resource plans; grid-enhancing technologies and advanced conductors.

24106680D

H.B. 974

Patron: Keys-Gamarra

Workers' compensation; presumption that certain injuries arose out of employment. Provides that in any claim for workers' compensation, where the employee suffers an unexplained fall in the course of employment, such employee may satisfy the burden of proof by circumstantial evidence, testimony of others, other evidence, or any combination thereof.

A BILL to amend and reenact § 65.2-105 of the Code of Virginia, relating to workers' compensation; presumption that certain injuries arose out of employment.

24101852D

H.B. 1069

Patron: Willett

Liquid nicotine and nicotine vapor products; certification and directory; penalties. Requires every manufacturer of liquid nicotine or nicotine vapor products that are sold for retail sale in the Commonwealth to certify to the Attorney General that (i) the manufacturer has received a marketing authorization or similar order for the liquid nicotine or nicotine vapor product from the U.S. Food and Drug Administration (FDA) or (ii) (a) the liquid nicotine or nicotine vapor product was marketed in the United States as of August 8, 2016, or (b) the manufacturer submitted a premarket tobacco product application for the liquid nicotine or nicotine vapor product to the FDA on or before September 9, 2020, and such application either remains under review by the FDA or a final decision on the application has not otherwise taken effect. The bill requires a manufacturer to submit such a form for each liquid nicotine or nicotine vapor product that such manufacturer sells for retail sale in the Commonwealth. Under the bill, any manufacturer that falsely represents any of the information required by the certification requirement is guilty of a Class 3 misdemeanor for each false representation.

The bill requires the Attorney General to establish and maintain a directory that lists all liquid nicotine or nicotine vapor product manufacturers and liquid nicotine and nicotine vapor products for which current and accurate certification forms have been submitted. The bill requires the Attorney General to remove or exclude from such directory any such product that is not in compliance and to notify the manufacturer of such noncompliance. The bill allows a 10-business-day period for a manufacturer to establish compliance. The bill requires that any such products that are removed from the list be sold or removed from retail sale within 30 days or become subject to seizure and requires a manufacturer, wholesaler, or retail dealer to notify each purchaser of a removed product that it has been removed from the directory at the time of delivery of such product. The bill entitles such a purchaser to a refund of the purchase price and creates a cause of action to recover such refund.

The bill prohibits the sale, distribution, importation, or offer for sale of any liquid nicotine or nicotine vapor product that is not listed in the directory. The bill provides for a civil penalty of $1,000 per day for each product offered for sale in violation of the bill's provisions until the offending product is removed from the market or until the offending product is properly listed on the directory.

The bill requires any person that receives, stores, sells, handles, or transports liquid nicotine or nicotine vapor products to preserve all records relating to the purchase, sale, exchange, receipt, or transportation of all liquid nicotine or nicotine vapor products for a period of three years. The bill provides that all such records are subject to audit or inspection at any time by any duly authorized representative of the Attorney General. Any person who violates the recordkeeping provisions of the bill is guilty of a Class 2 misdemeanor.

Additionally, the bill provides that the Department of Taxation, the Attorney General, any other law-enforcement agency of the Commonwealth, or any federal law-enforcement agency conducting a criminal investigation involving the trafficking of liquid nicotine or nicotine vapor products may access at any time such records. The bill requires the Department of Taxation to impose a penalty of $1,000 for each day that a person fails or refuses to allow or cooperate with an audit, inspection, or investigation of such records.

The bill authorizes the Attorney General and, with the concurrence of the Attorney General, any attorney for the Commonwealth, or the attorney for any city, county, or town to cause an action to enjoin any violation of the provisions of the bill. The circuit courts are authorized by the bill to (i) issue temporary or permanent injunctions to restrain and prevent violations of the provisions of the bill and (ii) order forfeiture on any property seized for such a violation. The bill authorizes the Attorney General to issue a civil investigative demand.

Under the bill, any retailer and wholesaler that sells or distributes any liquid nicotine or nicotine vapor product in the Commonwealth is subject to scheduled or unscheduled compliance checks carried out by the Attorney General, or an agent thereof, for enforcement purposes.

The bill requires the Attorney General to provide an annual report to the General Assembly regarding the status of the directory, manufacturers and products included in the directory, and revenues and expenditures related to and enforcement activities undertaken pursuant to the requirements of the bill.

Finally, the bill makes a violation of its provisions a prohibited practice under the Consumer Protection Act. The provisions of the bill do not become effective unless reenacted by the 2025 Session of the General Assembly.

A BILL to amend and reenact §§ 59.1-200 and 59.1-293.10 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 23.2 of Title 59.1 sections numbered 59.1-293.12 through 59.1-293.19, relating to liquid nicotine and nicotine vapor products; certification and directory; penalties.

24107170D

H.B. 1098

Patron: Rasoul


Unpaid family bereavement leave; civil penalty. Requires that an employer that employs 50 or more employees provide eligible employees, defined in the bill, with up to 10 days of unpaid family bereavement leave in any 12-month period to (i) attend the funeral or funeral equivalent of a covered family member; (ii) make arrangements necessitated by the death of a covered family member; (iii) grieve the death of a covered family member; or (iv) be absent from work due to (a) a miscarriage, (b) an unsuccessful round of intrauterine insemination or of an assisted reproductive technology procedure, (c) a failed adoption match or an adoption that is not finalized because it is contested by another party, (d) a failed surrogacy agreement, (e) a diagnosis that negatively impacts pregnancy or fertility, or (f) a stillbirth. The bill requires the employee to provide notice of his intent to take the leave if reasonable and practicable and provides that an employer may require reasonable documentation of the death or event. The bill requires the employer to restore the employee's position following the leave, to continue to provide coverage for the employee under any health benefit plan, and to pay the employee any commission earned prior to the leave. The bill prohibits the employer from taking retaliatory action against the employee for taking family bereavement leave. The bill requires the Commissioner of Labor and Industry to enforce its provisions and provides for civil penalties for violations of its requirements.

A BILL to amend the Code of Virginia by adding in Chapter 3 of Title 40.1 an article numbered 2.3, consisting of sections numbered 40.1-33.13 through 40.1-33.18, relating to unpaid family bereavement leave; required; civil penalty.

24107262D

H.B. 1132

Patron: Hayes

Insurance; dental carriers; annual report. Requires each dental carrier, beginning in 2025, to annually, on or before April 30, file with the State Corporation Commission a report that includes the actual loss ratio, defined in the bill, for the preceding calendar year and any such other information as the Commission may require. The bill requires the Commission to post such reports on its website. The bill requires the Bureau of Insurance to evaluate the effectiveness of informing the public on the information being reported and to make recommendations, if any, on the continuation or modification of the obligation of dental carriers to report such information.

A BILL to amend and reenact §§ 38.2-4214, 38.2-4319, and 38.2-4509 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 38.2-316.2, relating to insurance; annual actual loss ratio report by dental carriers.

24104911D

H.B. 1134

Patron: Willett

Health insurance; prior authorization. Requires that any provider contract between a carrier and a participating health care provider contain specific provisions that require that if a prior authorization request is approved for prescription drugs and such prescription drugs have been scheduled, provided, or delivered to the patient consistent with the authorization, the carrier shall not revoke, limit, condition, modify, or restrict that authorization unless (i) there is evidence that the authorization was obtained based on fraud or misrepresentation; (ii) final actions by the U.S. Food and Drug Administration, other regulatory agencies, or the manufacturer remove the drug from the market, limit its use in a manner that affects the authorization, or communicate a patient safety issue that would affect the authorization alone or in combination with other authorizations; (iii) a combination of drugs prescribed would cause a drug interaction; or (iv) a generic or biosimilar is added to the prescription drug formulary. The bill provides that such provisions do not require a carrier to cover any benefit not otherwise covered or cover a prescription drug if the enrollee is no longer covered by a health plan on the date the prescription drug was scheduled, provided, or delivered.

 A BILL to amend and reenact § 38.2-3407.15:2 of the Code of Virginia, relating to health insurance; prior authorization.

24105981D

H.B. 1261

Patron: Tran


Unemployment compensation; continuation of benefits; repayment of overpayments. Makes permanent provisions of the Code that expired on July 1, 2022, relating to unemployment compensation. The bill provides that when a claimant has had a determination of initial eligibility for unemployment benefits, as determined by the issuance of compensation or waiting-week credit, payments shall continue, subject to a presumption of continued eligibility, until a determination is made that provides the claimant notice and an opportunity to be heard. The bill requires the Virginia Employment Commission to waive the obligation to repay any overpayment if (i) the overpayment was made without fault on the part of the individual receiving benefits and (ii) requiring repayment would be contrary to equity and good conscience. Conditions for when overpayments are considered "without fault on the part of the individual" are outlined in the bill. The bill further provides that the Commission shall notify each person with an unpaid overpayment of benefits that he may be entitled to a waiver of repayment and provide 30 days to request such a waiver. This applies to outstanding overpayments established for claim weeks commencing on or after March 15, 2020. Finally, the bill adds overpayments that the Commission has waived the requirement to repay to the list of situations where specific employers are not responsible for benefit charges.

A BILL to amend and reenact §§ 60.2-528, 60.2-612.1, 60.2-619, and 60.2-633 of the Code of Virginia, relating to unemployment compensation; continuation of benefits; repayment of overpayments.

24105925D

H.B. 1284

Patron: Askew

Collective bargaining by firefighters and emergency medical services providers. Authorizes firefighters and emergency medical services providers employed by a political subdivision of the Commonwealth to engage in collective bargaining through labor organizations or other designated representatives. The bill provides for the appointment of a three-member board of arbitration regarding any dispute arising between an employer and firefighters or emergency services. Under the bill, determinations made by such board of arbitration are final on a disputed issue and are binding on the parties involved.

A BILL to amend and reenact §§ 40.1-55, 40.1-57.2, and 40.1-57.3 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 4 of Title 40.1 an article numbered 2.2, consisting of sections numbered 40.1-57.4 through 40.1-57.7, relating to collective bargaining by firefighters and emergency medical services providers.

24105166D

H.B. 1301

Patron: Kilgore

Virginia Post-Disaster Anti-Price Gouging Act; definitions. Provides that for the purposes of the Virginia Post-Disaster Anti-Price Gouging Act, "consumer transaction" includes transactions involving the advertisement, sale, lease, license, or offering for sale, lease, or license of goods or services to be used for business purposes and the advertisement, sale, lease, license, or contract of employment services to be provided or procured for business purposes. The bill also amends the definition of "time of disaster" to mean the longer of (i) the period of time when a state of emergency declared by the Governor or the President of the United States as the result of a disaster, emergency, or major disaster is in effect or (ii) 30 days after the occurrence of the disaster, emergency, or major disaster that resulted in the declaration of the state of emergency. Under current law, the definition of "time of disaster" means the shorter of the time periods specified in clauses (i) and (ii).

A BILL to amend and reenact § 59.1-526 of the Code of Virginia, relating to Virginia Post-Disaster Anti-Price Gouging Act; definitions.

24103697D

H.B. 1417

Patron: Kilgore

Contractors; workers' compensation requirements. Removes the requirements that the governing body of a locality shall forward a signed certification to the Virginia Workers' Compensation Commission and the Commission shall conduct periodic audits of selected contractors to whom such body has issued business licenses, thereby eliminating the need for commissioners of the revenue to send the Commission 61A forms.

A BILL to amend and reenact § 58.1-3714 of the Code of Virginia, relating to contractors; workers' compensation requirements.

24104825D

H.B. 1418

Patron: Kilgore

Administrative Process Act; rules of the Virginia Workers' Compensation Commission. Exempts certain rules of the Virginia Workers' Compensation Commission from the requirements of the Administrative Process Act, provided the Commission provides an opportunity for public comment on the rules prior to adoption.

A BILL to amend and reenact §§ 2.2-4006 and 65.2-703 of the Code of Virginia, relating to Administrative Process Act; rules of the Virginia Workers' Compensation Commission.

24104826D

H.B. 1453

Patron: Price

Virginia Employment Commission; appeals proceedings; appeal tribunals and Board of Review; repeal. Specifies that any determination made by the Virginia Employment Commission in regards to any amount required to be deducted and withheld from unemployment compensation for purposes of child support obligations is final. The bill contains a number of technical amendments related to the Commission's appeals proceedings. The bill also repeals provisions related to appeal tribunals and the Commission-appointed Board of Review and contains technical amendments.

A BILL to amend and reenact §§ 60.2-608, 60.2-613, 60.2-619, 60.2-620, 60.2-622, 60.2-623, 60.2-625, and 60.2-630 of the Code of Virginia and to repeal §§ 60.2-621 and 60.2-631 of the Code of Virginia, relating to Virginia Employment Commission; appeals proceedings; appeal tribunals and Board of Review; repeal.

24105156D

H.B. 1491

Patron: O'Quinn

Phase I Utility; recovery of development costs associated with small modular nuclear facility. Permits American Electric Power, prior to the filing of an application for a certificate to construct a small modular nuclear facility, to request the State Corporation Commission to review such utility's decision to incur project development costs, as defined in the bill.

A BILL to amend the Code of Virginia by adding a section numbered 56-585.1:14, relating to Phase I Utility; recovery of development costs associated with small modular nuclear facility.

24107361D