Home Virginia Politics Virginia Senate Commerce and Labor Committee Meets in Rare Sunday Session to...

Virginia Senate Commerce and Labor Committee Meets in Rare Sunday Session to Deal with Wide Variety of Important Issues

From Virginia energy policy to "balance billing" to predatory lending to vaping to "Right-to-Work" to...

12
Advertisement

There’s a loooong “docket” today for the Senate Commerce and Labor committee, with the key “Crossover” day on Tuesday. See below for all the bills they’ll be covering, starting at 2 pm, including: Consumer finance companies; loans, licensing; Health insurance; payment to out-of-network providers, emergency services; Balance billing; emergency and elective services; Electric utility regulation; energy efficiency standard; Electric utilities; retail competition; Agreements between private employer and labor or organization; fair share fees; Human Rights Act; domestic service individuals included in employee protection laws; Telephone privacy protection; Electric utility regulation; environmental goals; Financial institutions; small loans prohibited, penalty; Electric utilities; offshore wind development; Flavored nicotine vapor product; prohibition, penalty; and many others.

By the way, this list really highlights the huge scope of issues dealt with by our state government, and why it matters so much who we elect to state legislatures. Just keep this in mind the next time anyone tells you: a) elections don’t matter; b) state politics don’t matter; c) it doesn’t matter whether Democrats or Republicans are in charge.

Senate Committee on Commerce and Labor
Chair: Richard L. Saslaw

Date of Meeting: February 9, 2020
Time and Place: 2:00 p.m. Senate Room A

S.B. 33 Consumer finance companies; loans, licensing.

Patron: Surovell

Consumer finance companies. Requires the State Corporation Commission, as a condition of licensing a consumer finance company, to find that the applicant will not make consumer finance loans at the same location at which the applicant makes payday loans or motor vehicle title loans. The measure also (i) sets the minimum and maximum amounts of a consumer finance loan at $500 and $35,000, respectively; (ii) requires that such loans be installment loans with a term that is not less than six months nor more than 120 months; (iii) sets the maximum annual interest rate on such loans at 36 percent; (iv) authorizes late payment fees of $20, provided that they are set forth in a contract; (v) authorizes loan processing fees of the greater of $75 or five percent of the principal amount of the loan but not to exceed $150; and (vi) increases from $15 to $25 the amount of a bad check fee.

A BILL to amend and reenact §§ 6.2-15076.2-1520, and 6.2-1523 of the Code of Virginia, relating to consumer finance companies; loans; licensing.

20101103D

S.B. 78 Minimum wage; pay based on work done.

Patron: Howell

Minimum wage; pay based on work done. Eliminates the exemption to Virginia’s minimum wage requirements for persons who normally work and are paid based on the amount of work done.

A BILL to amend and reenact § 40.1-28.9 of the Code of Virginia, relating to the Virginia Minimum Wage Act; employees paid on the amount of work done.

20101357D

S.B. 172 Health insurance; payment to out-of-network providers, emergency services.

Patron: Favola

Balance billing; emergency services. Provides that when a covered person receives covered emergency services from an out-of-network health care provider, the covered person is not required to pay the out-of-network provider any amount other than the applicable cost-sharing requirement. The measure deletes a provision that allows an out-of-network provider to charge an individual for the balance of the provider’s billed amount after applying the amount the health carrier is required to pay for such services. The measure also establishes a fourth standard for calculating the health carrier’s required payment to the out-of-network provider of the emergency services, which standard is (i) the regional average for commercial payments for such service if the provider is a health care professional or (ii) the fair market value for such services if the provider is a facility. This fourth standard is the amount the health carrier is obligated to pay to the out-of-network provider if the amount is greater than any of the other three standards, which are (a) the amount negotiated with in-network providers for the emergency service or, if more than one amount is negotiated, the median of these amounts; (b) the amount for the emergency service calculated using the same method the health carrier generally uses to determine payments for out-of-network services, such as the usual, customary, and reasonable amount; or (c) the amount that would be paid under Medicare for the emergency service. The measure requires the health carrier to pay the required amount, less applicable cost-sharing requirements, directly to the out-of-network health care provider of the emergency services. If such provider determines that the amount to be paid by the health carrier does not comply with the applicable requirements, the measure requires the provider and the health carrier to make a good faith effort to reach a resolution on the appropriate amount of the reimbursement and, if a resolution is not reached, authorizes either party to request the State Corporation Commission to review the disputed reimbursement amount and determine if the amount complies with applicable requirements. The measure also provides that final diagnosis rendered to a covered person who receives emergency services for a medical condition shall not be considered in the health carrier’s determination of whether the medical condition was an emergency medical condition. The measure establishes the procedure by which the regional average for commercial payments for emergency services will be calculated by the nonprofit data services organization that compiles the Virginia All-Payer Claims Database. The measure also requires health carriers to makes reports to the Bureau of Insurance and directs the Bureau to provide reports to certain committees of the General Assembly.

A BILL to amend and reenact §§ 38.2-3438 and 38.2-3445 of the Code of Virginia, relating to health insurance; payment to out-of-network providers; emergency services.

20101733D

S.B. 201 Virginia Telephone Privacy Protection Act; telephone solicitation calls.

Patron: Lucas

Virginia Telephone Privacy Protection Act. Provides that for the purposes of the Virginia Telephone Privacy Act (the Act), “telephone solicitation call” includes any text message sent to any wireless telephone with a Virginia area code, or to a wireless telephone registered to any natural person who is a resident of the Commonwealth, for the purpose of offering or advertising any property, goods, or services for sale, lease, license, or investment, including offering or advertising an extension of credit. The bill prohibits a telephone solicitor from engaging in any conduct that results in the display of false or misleading caller identification information on the called party’s telephone. The bill increases the amount of damages and the amount of the civil penalty for violations of the Act from $500 for each such violation to $500 for a first violation, $1,000 for a second violation, and $5,000 for each subsequent violation and increases to $5,000 the maximum civil penalty the court may impose for a willful first or second violation.

A BILL to amend and reenact §§ 59.1-51059.1-51359.1-515, and 59.1-517 of the Code of Virginia, relating to the Virginia Telephone Privacy Protection Act.

20103496D

S.B. 250 Medicare; supplement policies for certain individuals under age 65.

Patron: Edwards

Medicare supplement policies for certain individuals under age 65. Requires insurers issuing Medicare supplement policies in the Commonwealth to offer the opportunity of enrolling in a Medicare supplement policy to any individual under age 65 who resides in the Commonwealth, is enrolled in Medicare Part B, and is eligible for Medicare by reason of disability. The provisions of the measure are applicable to health plans and health maintenance organizations.

A BILL to amend and reenact §§ 38.2-4214 and 38.2-4319 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 36 of Title 38.2 a section numbered 38.2-3610, relating to Medicare supplement policies for certain individuals under age 65.

20100980D

S.B. 274 Motion picture theaters; required open-captioned showings.

Patron: Barker

Motion picture theaters; required open-captioned showings. Requires any motion picture theater that has four or more separate auditoriums to provide two scheduled showings of a motion picture that engages open captions for a particular showing of an open-captioned-available motion picture each week in any auditorium showing any open-captioned-available motion picture. The measure requires one showing in each auditorium to be during peak weekend motion picture attendance hours, and at least half of the other open-captioned showings to be during peak weekday motion picture attendance hours. If any auditorium is showing more than one motion picture during a week, the theater may select the motion picture to offer as open-captioned showings, but shall show a different motion picture on the weekend than it shows during the week. The measure prohibits a theater from providing more than one open-captioned showing at overlapping times unless the theater has more auditoriums than available showtimes. Persons suffering loss or injury resulting from a violation may bring an action to recover damages and reasonable attorney fees or injunctive relief.

A BILL to amend the Code of Virginia by adding in Title 59.1 a chapter numbered 20.1, consisting of sections numbered 59.1-261.159.1-261.2, and 59.1-261.3, relating to motion picture theaters; open-caption showings.

20101030D

S.B. 280 Health insurance; mental health parity, required report.

Patron: Barker

Health insurance; mental health parity; required report. Codifies an existing requirement that the State Corporation Commission’s Bureau of Insurance (the Bureau) make an annual report regarding claims information for mental health and substance use disorder benefits. The bill adds information regarding network adequacy to such report and requires the Bureau to submit the report to the House Committee on Commerce and Labor and the Senate Committee on Commerce and Labor by September 1 of each year. The bill directs the Joint Legislative Audit and Review Commission (JLARC) to conduct a third-party review of the Bureau’s report. The bill requires JLARC, in conducting its review, to examine the information compiled by the Bureau from 2017 through 2020 and any other information it deems relevant and to report (i) its findings regarding mental health and substance abuse disorder benefits parity with medical and surgical benefits and access to mental health and substance abuse disorder services and (ii) its recommendations, if any, to the House Committee on Commerce and Labor, the Senate Committee on Commerce and Labor, and the Joint Subcommittee to Study Mental Health Services in the Commonwealth in the Twenty-First Century by December 1, 2020.

A BILL to amend and reenact § 38.2-3412.1 of the Code of Virginia and to repeal the third enactment of Chapter 649 of the Acts of Assembly of 2015, relating to health insurance; mental health parity; required report.

20103378D

S.B. 354 Electric utility regulation; energy efficiency standard.

Patron: Bell

Electric utility regulation; energy efficiency standard. Requires Dominion Energy Virginia (DEV) and American Electric Power (AEP) to achieve incremental net annual savings in accordance with a schedule that starts in 2021, when savings are required to be at least 0.35 percent of the average annual energy retail sales by that utility in the three preceding calendar years, and increases the level of required savings until 2027 and thereafter, when savings are required to be at least two percent of the utility’s average annual energy retail sales in the three preceding calendar years. The measure requires the utilities to retain an independent, qualified third-party evaluator to determine the utility’s incremental net annual savings and other benefits of the program. The measure requires the State Corporation Commission, for any year that a utility meets the annual energy efficiency standard, to allow for the additional recovery of a margin on its program’s operating expenses through a rate adjustment clause that provides the utility with a margin equal to the general rate of return on common equity. The Commission is directed to award an additional 20 basis points for each 0.1 percent of annual savings in excess of the required amount of savings, with a cap on total performance incentive awards in any year of 10 percent of the utility’s total energy efficiency spending in that year. The measure also (i) increases the portion of the approved costs of certain utility energy efficiency programs that are required to be allocated to programs designed to benefit low-income, elderly, and disabled individuals from five percent to 15 percent of the approved costs of such programs and adds veterans to be benefited from such programs; (ii) requires the energy efficiency stakeholder process established for the purpose of providing input and feedback on the development of electric utilities’ energy efficiency programs to include the participation of certain Commission personnel who participate in approval and oversight of utility efficiency programs; (iii) directs the Commission to increase the utility’s rates to recover for revenue reductions related to energy efficiency programs if the revenue reductions have caused the utility, during the test period or periods under review, to earn more than 50 basis points below a fair combined rate of return on its generation and distribution services or, for any test period commencing after December 31, 2012, for DEV and after December 31, 2013, for AEP, more than 70 basis points below a fair combined rate of return on its generation and distribution services; (iv) allows certain large general service customers to avoid participation in energy efficiency programs and to avoid paying for the costs of such programs through a rate adjustment clause upon receiving an exemption from the Commission; and (v) provides that certain energy efficiency pilot programs may be deemed to be in the public interest.

A BILL to amend and reenact §§ 56-57656-585.1, and 56-596.2 of the Code of Virginia, relating to electric utility regulation; energy efficiency programs.

20104635D

S.B. 376 Electric utilities; retail competition, renewable energy.

Patrons: Suetterlein, Bell

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

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

20104747D

S.B. 379 Electric utilities; retail competition.

Patron: McPike

Electric utilities; retail competition. Shortens from five years to three years the period that a customer who switches from an investor-owned electric utility to a licensed competing supplier is barred from returning as a customer of the utility. The measure provides that if a single person purchases electric energy from a licensed supplier and such electric energy is composed of a percentage of renewable energy equal to or greater than the percentage of renewable energy that the licensed supplier is required to provide pursuant to any renewable energy portfolio standard, such person will constitute a single retail customer, notwithstanding that service is provided to noncontiguous sites. Under current law, for the purposes of purchasing energy from a licensed competing supplier, noncontiguous sites are considered individual retail customers and cannot be aggregated to meet the energy demand threshold regardless of common ownership or control. The measure provides that for cooperative customers the lockout period remains five years and noncontiguous sites are still considered individual retail customers. The measure also allows individual retail customers of an electric utility to purchase electric energy provided 100 percent from renewable energy from any licensed supplier. The measure eliminates the condition that permits such purchases only if the electric utility serving the applicable exclusive service territory does not offer a tariff for 100 percent renewable energy. Finally, the measure directs the State Corporation Commission to update its consumer protection regulations relating to the availability of service through licensed suppliers.

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

20105115D

S.B. 426 Agreements between private employer and labor or organization; fair share fees.

Patron: Saslaw

Fair share fees. Authorizes an employer, pursuant to an agreement between the employer and a labor union or labor organization, to require as a condition of employment any employee who is not a member of such labor union or labor organization and is a member of a collective bargaining unit, where the labor union or labor organization is the exclusive representative of the members of the collective bargaining unit, to pay a fair share fee to compensate the labor union or labor organization for the costs of representing the nonmember employee. The bill defines a “fair share fee” as the pro rata share of the portion of a labor union’s or labor organization’s dues attributable to activities stemming from its duty to represent all employees in a collective bargaining unit without regard to membership in the labor union or labor organization, including (i) the cost of all activities germane to collective bargaining, administration, and enforcement of collective bargaining agreements; (ii) representation of employees before public bodies in matters that are germane to either collective bargaining agreements or employer-employee relations; (iii) representation of employees during grievance procedures; and (iv) labor union or labor organization governance and administration. Under the bill, a fair share fee does not include the cost of any political activities, lobbying, organizing, charity, donations, or community service activities undertaken by the labor union or labor organization, and in no case will the fair share fee exceed 60 percent of dues required of a similarly situated member of such labor union or labor organization.

A BILL to amend and reenact §§ 40.1-59 and 40.1-62 of the Code of Virginia, relating to agreements between a private employer and a labor union or organization; fair share fees.

20100668D

S.B. 427 Employee protection; discharge for protective order prohibited.

Patron: Saslaw

Employee protection; discharge for protective order prohibited. Prohibits an employer from discharging, taking other retaliatory personnel action, or otherwise discriminating against an employee solely on the basis that such employee has filed for or has been issued an emergency protective order or a preliminary protective order against the employer or another employee of such employer. The bill establishes an administrative process for an employee that believes he has been discharged or discriminated against in violation against such prohibition.

A BILL to amend the Code of Virginia by adding a section numbered 40.1-27.3, relating to employee protection; discharge for protective order prohibited.

20101732D

S.B. 474 Health care provider panels; vertically integrated carriers, public hospitals.

Patron: Petersen

Health care provider panels; vertically integrated carriers; public hospitals. Requires any vertically integrated carrier to offer to every public hospital participation in each provider panel or network established for each of the vertically integrated carrier’s policies, products, and plans, including all policies, products, and plans offered to individuals, employers, and enrollees in state and federal government benefit programs. The measure requires that the offered participation (i) be without any adverse tiering or other financial incentives that may discourage enrollees from utilizing the services of the public hospital and (ii) include all services offered by the public hospital and any other entity owned, operated, or controlled by the public hospital. The bill defines “vertically integrated carrier” as a health insurer or other carrier that owns an interest in, is owned by, or is under common ownership or control with an acute care hospital facility, excluding an entity that is under the ultimate control of or under common control with a public hospital.

A BILL to amend and reenact § 38.2-3407.10 of the Code of Virginia, relating to health care provider panels; vertically integrated carriers; reimbursements to public hospitals.

20102446D

S.B. 504 Virginia Energy Plan; covenants regarding solar power, reasonable restrictions.

Patron: Petersen

Virginia Energy Plan; covenants regarding solar power; reasonable restrictions. Provides that a restriction on solar energy collection devices is unreasonable if it increases the cost of the solar energy collection device by $1,000 over the cost originally proposed or causes a decrease in production or estimated production of more than 10 percent compared with the design as originally proposed. The bill also clarifies that any state or local ordinances regarding historic preservation take precedence.

A BILL to amend and reenact § 67-701 of the Code of Virginia, relating to the Virginia Energy Plan; covenants regarding solar power; reasonable restrictions.

20102679D

S.B. 522 Balance billing; emergency and elective services.

Patron: McDougle

Balance billing; emergency and elective services. Requires health care facilities and health care providers to determine if providers scheduled to deliver elective services to a covered person are in the network of the covered person’s managed care plan. The measure requires that when an elective service provider is determined to be out-of-network, in order for the covered person to assume financial responsibility for the out-of-network provider’s charges, the health care facility or provider shall (i) inform the covered person of the out-of-network status of the provider, (ii) provide the covered person with the opportunity to be referred to an in-network provider, and (iii) prepare a document for signature by the covered person in which the covered person or his legal representative assumes financial responsibility for services performed by the out-of-network provider, and the covered person must sign the document described in clause (iii). The bill provides that such requirements will also apply to a health care provider in an office-based setting making a referral for elective radiology or pathology services.

The bill identifies post-stabilization services, performed in order to maintain or improve a person’s stabilized condition related to an emergency medical condition, as emergency services if (a) the post-stabilization services are preapproved or related to preapproved services; (b) for an out-of-network facility, the health carrier does not effectuate transfer of the covered person within a reasonable amount of time after being notified by the facility of the covered person’s need for post-stabilization services; (c) for an out-of-network health care professional, the facility is in-network; or (d) the out-of-network facility is unable to reasonably obtain health carrier information from the covered person prior to the furnishing of such services.

The measure directs health carriers that provide individual or group health insurance that provide any benefits with respect to services rendered in an emergency department of a hospital to pay directly to an out-of-network health care provider the fair market value, as defined in the bill, for the emergency services, less applicable cost-sharing requirements. The bill provides that direct payment from the health carrier to the out-of-network health care provider precludes the out-of-network health care provider from billing or seeking payment from the covered person for any other amount other than the applicable cost-sharing requirements. The bill removes from the determination of whether a medical condition is an emergency medical condition the final diagnosis rendered to the covered person.

A BILL to amend and reenact §§ 38.2-3438 and 38.2-3445 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 38.2-3445.2, relating to health insurance; payment of out-of-network providers.

20102243D

S.B. 542 Securities Act; equity crowdfunding exemption.

Patron: Edwards

Securities Act; crowdfunding exemption. Repeals the sunset provision on the existing measure that authorizes the State Corporation Commission (the Commission) to adopt an exemption for limited offerings of securities by small and startup companies, known as equity crowdfunding, from the registration provisions of the Securities Act. These crowdfunding provisions, which were enacted in 2015, are currently scheduled to expire on July 1, 2020. The measure also broadens the existing exemption to apply to offerings conducted in accordance with Rule 147A adopted by the U.S. Securities Exchange Commission (SEC). Because Rule 147A does not require the issuer of the securities to be incorporated or organized in the same state where the offering occurs, the measure creates a carve-out for offerings under Rule 147A from the existing requirement that the issuer be formed, organized, or existing under the laws of the Commonwealth. Additionally, the measure provides that the crowdfunding exemption is available for both equity securities and debt offerings, including subordinated debt. Current Commission regulations prohibit the use of the exemption for debt offerings.

A BILL to amend and reenact § 13.1-514 of the Code of Virginia and to repeal the third enactment of Chapter 354 and the third enactment of Chapter 400 of the Acts of Assembly of 2015, relating to the Securities Act; exemption for equity crowdfunding.

20102490D

S.B. 567 Disability insurance; pregnancy or childbirth.

Patron: Dunnavant

Disability insurance; pregnancy or childbirth. Requires each insurer proposing to issue individual or group accident and sickness insurance policies providing disability income protection coverage whose policies provide coverage for disability arising out of pregnancy or childbirth to provide coverage for a payable benefit of at least 12 weeks for such a disability.

A BILL to amend the Code of Virginia by adding a section numbered 38.2-3407.11:4, relating to disability insurance; coverage for disability arising out of pregnancy or childbirth.

20101951D

S.B. 665 Electronic Identity Management Act; federated digital identity systems.

Patron: Boysko

Electronic Identity Management Act; federated digital identity systems. Amends the Electronic Identity Management Act to accommodate federated digital identity systems. A federated digital identity system (federation) is defined in the measure as a digital identity system that uses federated identity management to enable the portability of identity information across otherwise autonomous security domains. Federated identity management is defined in the measure as a process that allows the conveyance of identity credentials and authentication information across digital identity systems through the use of a common set of policies, practices, and protocols for managing the identity of users and devices across security domains. The digital identity systems involved in a federation are required to be compliant with the Commonwealth’s identity management standards and with the provisions of the governing identity trust framework.

A BILL to amend and reenact §§ 59.1-550 through 59.1-553 and 59.1-555 of the Code of Virginia, relating to the Electronic Identity Management Act; federated digital identity systems.

20102986D

S.B. 718 Health insurance; access for a mother to same facility as her newborn.

Patron: McClellan

Health insurance; access for a mother to same facility as her newborn. Requires health insurers to provide coverage for the birth mother of a newborn infant who is currently admitted to a facility for delivery-related services and whose newborn infant is receiving services at a different facility to receive such delivery-related services, if available, at the facility where the newborn infant is receiving services. The bill provides that such coverage (i) shall not require any prior authorization determination, regardless of whether the services are provided on an in-network or out-of-network basis; (ii) is provided without regard to whether the health care provider furnishing the services is a participating health care provider with respect to such services; (iii) for out-of-network services, shall not impose any administrative requirement or limitation on coverage that is more restrictive than the requirements or limitations that apply to such services provided in-network; and (iv) for out-of-network services, not require any copayment amounts or coinsurance rates, or apply any deductible except to the extent such amounts, rates, or deductibles would apply to in-network services. The bill provides that if the services are provided out-of-network, any balance payment shall be settled in the same manner as balance payments for emergency services.

A BILL to amend the Code of Virginia by adding a section numbered 38.2-3407.11:4, relating to health insurance; access for a mother to same facility as her newborn.

20103726D

S.B. 720 PSAP dispatchers; telecommunicator cardiopulmonary resuscitation.

Patron: McClellan

PSAP dispatchers; telecommunicator cardiopulmonary resuscitation; Emergency Medical Dispatch education program. Requires each public safety answering point (PSAP) to provide training and equipment for each of its dispatchers in telecommunicator cardiopulmonary resuscitation (T-CPR), which is defined in the bill as the delivery of cardiopulmonary resuscitation instructions to a caller by a dispatcher before arrival of medical assistance by emergency responders. The measure (i) requires the 9-1-1 Services Board to adopt regulations that establish training and equipment standards and (ii) authorizes a PSAP to enter into reciprocal agreements with another PSAP to transfer callers to the other PSAP at times that the initial PSAP does not have a trained dispatcher on duty able to provide T-CPR. The measure establishes immunity from civil damages for dispatchers who instruct a caller on T-CPR. The measure also requires each operator of a PSAP to implement a requirement that each of its dispatchers complete an Emergency Medical Dispatch education program by July 1, 2024.

A BILL to amend the Code of Virginia by adding a section numbered 56-484.16:1, relating to E-911 dispatchers; training in telecommunicator cardiopulmonary resuscitation and emergency medical dispatch.

20103020D

S.B. 765 Health insurance; provider contracts, business practices, adverse changes, penalties.

Patron: Barker

Health insurance; provider contracts; business practices; penalties. Prohibits a carrier from unilaterally amending a provider contract or any material provision, addenda, schedule, exhibit, or policy thereto, as it relates to any material provision that was agreed to or accepted by the provider in the previous 12-month period. The measure requires such an amendment to be agreed to by the provider in a signed written amendment to the provider contract. The measure defines a material provision of a provider contract as any policy manual, coverage guideline, edit, multiple procedure logic, or audit procedure that (i) decreases the provider’s payment or compensation, (ii) limits an enrollee’s access to covered services under his health plan, or (iii) changes the administrative procedures applicable to a provider contract in a way that may reasonably be expected to significantly increase the provider’s administrative expense. The measure requires carriers to permit a provider to determine the carrier’s policies regarding the use of edits or multiple procedure logic. The measure requires carriers to provide, for each health plan in which the provider participates or is proposed to participate, a complete fee schedule for all health care services included under the provider contract with the provider in writing and to make them available in machine-readable electronic format. The measure requires carriers to permit a provider a minimum of one year from the date a health care service is rendered to submit a claim for payment. The measure also (a) requires the State Corporation Commission to assist providers and to examine and investigate provider complaints and inquiries relating to an alleged or suspected failure by a carrier to comply with required minimum fair business standards, (b) requires the Commission to provide a determination of whether a carrier has failed to comply with these standards within 60 days of receipt of a provider’s complaint or inquiry, (c) authorizes the Commission to determine whether a person’s practices comply with these standards, (d) subjects a person that refuses or fails to provide information in a timely manner to the Commission to enforcement and penalty provisions, and (e) authorizes the Commission to impose penalties or issue a cease and desist order to a carrier that fails to comply with these standards.

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

20103712D

S.B. 766 Health care services; explanation of benefits.

Patron: Barker

Health care services; explanation of benefits. Requires health carriers and Medicaid managed care organizations to provide an explanation of benefits to covered persons or recipients. The measure requires the State Corporation Commission to adopt regulations that establish alternative methods of delivery of the explanation of benefits that permit the receipt of an explanation of benefits by an alternative method, provided that such alternative method is in compliance with the provisions of federal regulations regarding the right to request privacy protection for protected health information. The measure requires health carriers and Medicaid managed care organizations to take all reasonable actions to ensure that their internal processes and systems prohibit the identification or description of sensitive health care services in their explanations of benefits. The measure requires a health carrier that requires a covered person to make a request for confidential communications in writing in accordance with federal law to accept the form of the explanation of benefits approved by the Commission. The measure also requires the Commission to define “sensitive health care services.” The measure will take effect 90 days after the Commission has adopted the required regulations. The measure is a recommendation of the Joint Commission on Health Care.

A BILL to amend and reenact §§ 32.1-330.2 and 38.2-3407.4 and of the Code of Virginia, relating to health care; explanation of benefits; sensitive health care services.

20104452D

S.B. 767 Health insurance; payment to out-of-network providers.

Patron: Barker

Health insurance; payment to out-of-network providers. Provides that when a covered person receives covered emergency services from an out-of-network health care provider or receives out-of-network services at an in-network facility, the covered person is not required to pay the out-of-network provider any amount other than the applicable cost-sharing requirement. The measure also establishes a standard for calculating the health carrier’s required payment to the out-of-network provider of the services, which standard is the lower of the market-based value for the service or 125 percent of the amount that would be paid under Medicare for the service. If such provider determines that the amount to be paid by the health carrier does not comply with the applicable requirements, the measure requires the provider and the health carrier to make a good faith effort to reach a resolution on the appropriate amount of the reimbursement and, if a resolution is not reached, authorizes either party to request the State Corporation Commission to review the disputed reimbursement amount and determine if the amount complies with applicable requirements. The measure provides that such provisions do not apply to an entity that provides or administers self-insured or self-funded plans; however, such entities may elect to be subject such provisions. The measure requires health carriers to make reports to the Bureau of Insurance and directs the Bureau to provide reports to certain committees of the General Assembly.

A BILL to amend and reenact §§ 38.2-3438 and 38.2-3445 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 38.2-3445.01, relating to health insurance; payment to out-of-network providers.

20104875D

S.B. 785 Mortgage loan originators; exempts retailers of manufactured or modular homes, etc.

Patron: Lewis

Mortgage loan originators; exemption. Exempts retailers of manufactured or modular homes and employees of such retailers from the licensing and other requirements applicable to mortgage loan originators. The exemption applies if the retailer or employee (i) does not receive compensation or gain for engaging in certain activities that exceeds any compensation or gain received in a comparable cash transaction; (ii) makes certain disclosures; and (iii) does not directly negotiate loan terms with the consumer or lender.

A BILL to amend and reenact § 6.2-1701 of the Code of Virginia, relating to mortgage loan originators; exemption for retailers of manufactured or modular homes.

20104068D

S.B. 804 Human Rights Act; domestic service individuals included in employee protection laws.

Patron: McClellan

Employment; domestic service; Human Rights Act. Provides that individuals who are engaged in providing domestic service are not excluded from employee protection laws, laws regarding payment of wages, the Virginia Minimum Wage Act, the Virginia Unemployment Compensation Act, and the Virginia Workers’ Compensation Act. The measure removes the exemption in the Virginia Minimum Wage Act for individuals employed by an employer with fewer than four employees. The measure also authorizes an employee who is discharged in violation of the Virginia Human Rights Act to bring an action against the employer without regard to the number of persons it employs.

A BILL to amend and reenact §§ 2.2-390340.1-240.1-28.940.1-2940.1-49.340.1-49.860.2-20160.2-21560.2-21965.2-101, and 65.2-305 of the Code of Virginia, relating to employees providing domestic service; application of laws applicable to employment, unemployment benefits, and workers’ compensation.

20105005D

S.B. 812 Telephone privacy protection; solicitor to immediately disclose who is calling, etc.

Patron: Morrissey

Telephone privacy protection. Requires a telephone solicitor to immediately disclose who is calling and what property, good, or service is being offered. The measure also prohibits caller ID spoofing, which is defined in the bill as causing any caller identification service to transmit caller identification information that represents or states that the call originates from a telephone with an area code assigned to an area in the Commonwealth or from a location in the Commonwealth if the person on whose behalf the telephone solicitation call is being made does not conduct business from a location in the Commonwealth.

The measure prohibits a telephone solicitor from making a telephone solicitation call or the use of an automatic dialing-announcing device in connection with making a call to any subscriber who has registered with the Virginia Do Not Call Registry. The measure requires the Virginia Department of Agriculture and Consumer Services to set up by January 1, 2021, the Virginia Do Not Call Registry for subscribers who wish to block all solicitation calls and calls that use or are made in connection with automatic dialing-announcing devices.

A BILL to amend and reenact §§ 59.1-51259.1-51359.1-51459.1-518.1, and 59.1-518.2 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 59.1-513.2, relating to telephone privacy protection.

20103838D

S.B. 822 Telephone privacy protection; solicitor to immediately disclose who is calling, etc.

Patron: Morrissey

Telephone privacy protection. Requires a telephone solicitor to immediately disclose who is calling and what property, good, or service is being offered. The measure also prohibits caller ID spoofing, which is defined in the measure as causing any caller identification service to transmit caller identification information that represents or states that the call originates from a telephone with an area code assigned to an area in the Commonwealth or from a location in the Commonwealth if the person on whose behalf the telephone solicitation call is being made does not conduct business from a location in the Commonwealth.

The measure prohibits a telephone solicitor from making a telephone solicitation call or the use of an automatic dialing-announcing device in connection with making a call to any subscriber who has registered with the Virginia Do Not Call Registry. The measure requires the Virginia Department of Agriculture and Consumer Services to set up by January 1, 2021, the Virginia Do Not Call Registry for subscribers who wish to block all solicitation calls and calls that use or are made in connection with automatic dialing-announcing devices. The measure becomes effective three months after the Virginia Do Not Call Registry is established by the Department.

A BILL to amend and reenact §§ 59.1-51259.1-51359.1-51459.1-514.159.1-518.159.1-518.2, and 59.1-518.4 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 59.1-513.2, relating to telephone privacy protection.

20105170D

S.B. 846 Organ, eye, or tissue transplantation; discrimination prohibited.

Patron: Pillion

Organ, eye, or tissue transplantation; discrimination prohibited. Provides that an individual who is a candidate to receive an anatomical gift for organ, eye, or tissue transplantation and who is otherwise eligible to receive such gift shall not be deemed ineligible to receive an anatomical gift or denied services related to organ, eye, or tissue transplantation solely because of his physical, intellectual, developmental, or other disability.

The bill also prohibits each insurer proposing to issue individual or group accident and sickness insurance policies providing hospital, medical and surgical, or major medical coverage on an expense-incurred basis; each corporation providing individual or group accident and sickness subscription contracts; and each health maintenance organization providing a health care plan for health care services, whose policy, contract, or plan, including any certificate of evidence of coverage issued in connection with such policy, contract, or plan, includes coverage for services related to organ, eye, or tissue transplantation, including referral to a transplant center or specialist, inclusion on an organ, eye, or tissue transplantation waiting list, evaluation, surgery and related health care services, counseling, and post-transplantation treatment and services, from (i) denying coverage to a covered person solely on the basis of the person’s disability; (ii) denying a person eligibility or continued eligibility to enroll or to renew coverage under the policy, contract, or plan for the purpose of avoiding the requirements of the bill; (iii) penalizing a health care provider, reducing or limiting the reimbursement of a health care provider, or providing monetary or nonmonetary incentives to a health care provider to induce such health care provider to act in a manner inconsistent with the requirements of the bill; or (iv) reducing or limiting coverage for services related to organ, eye, or tissue transplantation, including referral to a transplant center or specialist, inclusion on an organ, eye, or tissue transplantation waiting list, evaluation, surgery and related health care services, counseling, and post-transplantation treatment and services. The bill applies to any such policy, contract, or plan delivered, issued for delivery, or renewed in the Commonwealth on and after January 1, 2021.

 

A BILL to amend and reenact § 38.2-4319 of the Code of Virginia and to amend the Code of Virginia by adding in Article 2 of Chapter 8 of Title 32.1 a section numbered 32.1-297.2 and by adding a section numbered 38.2-3418.18, relating to organ, eye, or tissue transplantation; discrimination prohibited.

20102191D

S.B. 851 Electric utility regulation; environmental goals.

Patron: McClellan

Electric utility regulation; environmental goals. Replaces the existing voluntary renewable energy portfolio system (RPS) program with a mandatory RPS that applies to electric utilities and licensed competitive suppliers. Under the mandatory RPS, utilities and suppliers are required to produce their electricity from 100 percent renewable sources by 2050, with annual steps that direct the electricity be generated in specific percentages in nine tiers or sub-tiers. A utility or supplier that does not meet its targets is required to pay a specific deficiency payment or purchase renewable energy certificates. The proceeds from the deficiency payments are to be deposited into an account administered by the Department of Mines, Minerals and Energy, which is directed to distribute specific percentages of the moneys to low-income, disability, veteran, and age-qualifying energy efficiency programs; additional energy efficiency measures for public facilities; coastal resiliency efforts; and administrative costs. Among other things, the measure also (i) adopts a 2,400 megawatt energy storage deployment target for the Commonwealth and requires the State Corporation Commission (the Commission) to adopt regulations for the implementation of the energy storage deployment target that outline a deployment target of 2,400 megawatts by 2035 with interim targets that include Commission-approved energy storage system resources; (ii) establishes an energy efficiency standard under which each investor-owned incumbent electric utility is required to achieve incremental annual energy efficiency savings that start in 2021 at 0.35 percent of the average annual energy retail sales by that utility in the three preceding calendar years and increase annually until 2027 and thereafter when energy efficiency savings of at least two percent of the average annual energy retail sales by that utility in the three preceding calendar years are required; (iii) exempts large general service customers from energy savings requirements; (iv) revises the incentive for electric utility energy efficiency programs; (v) provides that if the Commission finds in any triennial review that revenue reductions related to energy efficiency measures or programs approved and deployed since the utility’s previous triennial review have caused the utility to earn more than 50 basis points below a fair combined rate of return on its generation and distribution services or, for any test period commencing after December 31, 2012, for Dominion Energy Virginia and after December 31, 2013, for American Electric Power, more than 70 basis points below a fair combined rate of return on its generation and distribution services, the Commission shall order increases to the utility’s rates for generation and distribution services necessary to recover such revenue reductions; (vi) provides that in the case of a facility utilizing energy derived from offshore wind, the utility shall identify options for utilizing local workers, consult with the Commonwealth’s Chief Workforce Development Officer on opportunities to advance the Commonwealth’s workforce goals, including furtherance of apprenticeship and other workforce training programs to develop the local workforce, and give priority to the hiring of local workers; (vii) requires each utility to include, and the Commission to consider, in any application to construct a new generating facility the social cost of carbon as a cost adder; (viii) removes provisions that authorize nuclear and offshore wind generating facilities to continue to be eligible for an enhanced rate of return on common equity during the construction phase of the facility and the approved first portion of its service life of between 12 and 25 years in the case of a facility utilizing nuclear power and for a service life of between 5 and 15 years in the case of a facility utilizing energy derived from offshore wind; (ix) removes a provision that declares that planning and development activities for new nuclear generation facilities are in the public interest; (x) removes the limit of 16 megawatts on those offshore wind generation facilities that are declared to be in the public interest; (xi) amends the net energy metering program by increasing the maximum capacity of renewable generation facilities of participating nonresidential eligible customer-generators from one to three megawatts, increases the cap on the capacity of generation from facilities from the customer’s expected annual energy consumption to 150 percent of such amount, increases each utility’s systemwide cap from one percent of its adjusted Virginia peak-load forecast for the previous year to 10 percent of such amount, eliminates the ability of a utility to assess standby charges, and establishes the right to finance electrical generating facilities via leases and power purchase agreements; (xii) removes the ability of utilities in triennial rate reviews to attribute to test periods under review the booked costs of early retirement determinations made by the utility for utility generation facilities fueled by coal, natural gas, or oil; (xiii) directs the State Air Pollution Control Board (the Board) to report to the General Assembly by January 1, 2021, on how to achieve 100 percent carbon free electric energy generation by 2050 and whether the General Assembly should permanently repeal the ability to obtain a certificate of public convenience and necessity for electric generating units that emit carbon as a byproduct of combusting fuel to generate electricity; (xiv) bars the Commission from issuing a certificate for public convenience and necessity for any investor-owned utility to own, operate, or construct any electric generating unit that emits carbon as a byproduct of combusting fuel to generate electricity until the General Assembly receives the Board’s report; (xv) directs the Board to adopt regulations establishing a carbon dioxide cap and trade program to limit and reduce the total carbon dioxide emissions released by electric generation facilities, which regulations shall comply with the Regional Greenhouse Gas Initiative model rule; (xvi) exempts certain pilot programs from the requirements that an energy efficiency program be in the public interest; (xvii) establishes requirements regarding the development by Dominion Energy Virginia of qualified offshore wind projects having an aggregate rated capacity of not less than 5,200 megawatts by January 1, 2034; (xviii) directs the Board to adopt a regulation to reduce, for the period of 2031 to 2050, the carbon dioxide emissions from any electricity generating unit in the Commonwealth that serves an electricity generator with a nameplate capacity equal to or greater than 25 megawatts that supplies 10 percent or more of its annual net electrical generation to the electric grid or more than 15 percent of its annual total useful energy to any entity other than the manufacturing facility to which the generating source is interconnected; (xix) establishes a shared solar program that allows customers to purchase electric power through a subscription in a shared solar facility; (xx) repeals the Manufacturing and Commercial Competitiveness Retention Credit that allows certain large nonresidential customers that enter into a three-year minimum exclusive supply agreement to receive a two percent reduction in their base generation charges; (xxi) repeals the authorization for certain third-party power purchase agreements; and (xxii) requires the Department of Mines, Minerals and Energy to prepare a report to the House and Senate Committees on Commerce and Labor and to the Governor’s Advisory Council on Environmental Justice that ensures that the implementation of this act does not impose a disproportionate burden on minority or historically disadvantaged communities.

A BILL to amend and reenact §§ 10.1-130856-57656-57756-585.156-585.256-594, and 56-596.2 of the Code of Virginia; to amend the Code of Virginia by adding a section numbered 56-585.1:11; and to repeal Chapters 358 and 382 of the Acts of Assembly of 2013, as amended by Chapter 803 of the Acts of Assembly of 2017, and the eleventh enactment of Chapter 296 of the Acts of Assembly of 2018, relating to the regulation of electric utilities; ending carbon dioxide emissions; renewable portfolio standards for electric utilities and suppliers; energy efficiency programs and standards; incremental annual energy storage deployment targets; net energy metering; third-party power purchase agreements; and the Manufacturing and Commercial Competitiveness Retention Credit.

20105040D

S.B. 855 Financial institutions; small loans prohibited, penalty.

Patron: Lewis

Financial institutions; small loans; penalty. Prohibits any person from making a small loan unless such person is licensed by the State Corporation Commission. The bill defines “small loan” as an unsecured loan or credit of $5,000 or less extended to a borrower for a personal, family, household, or other noncommercial purpose pursuant to a small loan agreement. The bill also prohibits any person from engaging in the business of arranging or brokering small loans for any consumer residing in the Commonwealth without registering with the Commission. Under the provisions of the bill, a licensee may charge and collect periodic interest at any rate up to 36 percent agreed to by the parties and may also charge and collect a customary daily fee. The bill provides exemptions for certain institutions and persons licensed by the Commission to provide consumer finance loans or motor vehicle loans.

The bill provides for qualifications for licensure, posting of a bond, financial solvency requirements, reporting requirements, and recordkeeping and retention requirements. The bill authorizes the Commission to investigate and examine applicants and licensees, to revoke or suspend licenses, to issue cease and desist orders, and to impose a civil penalty of up to $10,000 for violations of the small loan provisions. The bill allows the Commission to refer violations to the Attorney General, and the Attorney General may seek injunctive relief and monetary damages.

A BILL to amend and reenact §§ 6.2-3036.2-1501, and 6.2-2202 of the Code of Virginia and to amend the Code of Virginia by adding in Title 6.2 a chapter numbered 22.1, consisting of sections numbered 6.2-2228 through 6.2-2253, relating to financial institutions; small loans; penalties.

20104084D

S.B. 860 Electric utilities; offshore wind development.

Patron: Mason

Electric utilities; offshore wind development. Provides that, prior to January 1, 2034, (i) the construction or purchase by an electric utility of one or more offshore wind generation facilities located in federal waters that interconnect directly into the Commonwealth or into the Delmarva Peninsula, having in the aggregate a rated capacity of at least 5,200 megawatts, or (ii) the purchase by an electric utility of energy, capacity, and environmental attributes from offshore wind generation facilities described in clause (i) owned by persons other than an electric utility is in the public interest.

A BILL to amend the Code of Virginia by adding a section numbered 56-585.1:11, relating to electric utilities; development of off-shore wind.

20103960D

S.B. 867 Health care provider panels; vertically integrated carriers, providers.

Patron: Petersen

Health care provider panels; vertically integrated carriers; providers. Requires any vertically integrated carrier to offer participation in each provider panel or network established for each of the vertically integrated carrier’s policies, products, and plans, including all policies, products, and plans offered to individuals, employers, and enrollees in state and federal government benefit programs, to every provider in the Commonwealth under the same terms and conditions that apply to providers under common control with the vertically integrated carrier. The measure requires that the offered participation (i) be without any adverse tiering or other financial incentives that may discourage enrollees from utilizing the services of the provider, (ii) include all sites and services offered by the provider, and (iii) take into account the different characteristics of different providers with regard to the range, nature, cost, and complexity of services offered. The measure prohibits an officer or director of a vertically integrated carrier from simultaneously serving as an officer or director of an entity that owns, operates, manages, or controls an acute care hospital located, in whole or in part, in the Commonwealth. The measure defines “vertically integrated carrier” as a health insurer or other carrier that owns an interest in, is owned by, or is under common ownership or control with an acute care hospital facility, excluding an entity that is under the ultimate control of or under common control with a public hospital.

A BILL to amend and reenact §§ 38.2-3407.10 and 38.2-4319 of the Code of Virginia, relating to health care provider panels; vertically integrated carriers; reimbursements to providers.

20104856D

S.B. 894 Misclassification of workers; cause of action.

Patron: Saslaw

Misclassification of workers; cause of action. Authorizes an individual who has not been properly classified as an employee to bring a civil action for damages against his employer for failing to properly classify the employee if the employer had knowledge of the individual’s misclassification. The court may award damages in the amount of any wages, salary, employment benefits, including expenses incurred by the employee that would otherwise have been covered by insurance, or other compensation lost to the individual, a reasonable attorney fee, and the costs incurred by the employee in bringing the action. The measure provides that an individual who performs services for a person for remuneration shall be presumed to be an employee unless it is shown that the individual is an independent contractor as determined under the Internal Revenue Service guidelines.

A BILL to amend the Code of Virginia by adding in Article 1 of Chapter 3 of Title 40.1 a section numbered 40.1-28.7:7, relating to the misclassification of workers; cause of action.

20105117D

S.B. 912 Electric utilities; retail competition, renewable energy.

Patron: Bell

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

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

20104534D

S.B. 952 High-nicotine vapor products; specialty retail facility, penalty.

Patron: Marsden

High-nicotine vapor products; specialty retail facility; penalty. Prohibits the sale of nicotine vapor products that contain more than 20 milligrams of nicotine per milliliter at retail except at a retail facility that generates at least 50 percent of its revenue from the sale of tobacco products; nicotine vapor products, including liquid nicotine; and alternative nicotine products. The bill provides that any person who violates this prohibition is guilty of a Class 4 misdemeanor.

A BILL to amend and reenact § 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 a section numbered 59.1-293.12, relating to the sale of high-nicotine vapor products; specialty retail facility; penalty.

20104585D

S.B. 953 Virginia Wireless Service Authority Act; appointments to board.

Patron: Edwards

Virginia Wireless Service Authority Act; appointments to board. Provides that a board established under the Virginia Wireless Service Authority Act may contain either five or seven members, rather than five members as required under current law.

A BILL to amend and reenact § 15.2-5431.10 of the Code of Virginia, relating to Virginia Wireless Service Authority Act.

20104625D

S.B. 966 Flavored nicotine vapor product; prohibition, penalty.

Patrons: Ebbin, Hashmi

Flavored nicotine vapor product; prohibition; penalty. Prohibits the sale or distribution at retail of a flavored nicotine product. The bill provides that any person who violates this prohibition is guilty of a Class 4 misdemeanor.

A BILL to amend and reenact §§ 59.1-293.10 and 59.1-293.11 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 23.2 of Title 59.1 a section numbered 59.1-293.12, relating to the sale or distribution of flavored nicotine vapor product; prohibition; penalty.

20102830D

S.B. 988 Electric utilities; electric school bus projects.

Patron: Lucas

Electric utilities; electric school bus projects. Authorizes Dominion Energy Virginia to implement projects designed to encourage the proliferation of school buses that are fueled in whole or in part by electricity, along with associated charging and other infrastructure, for the purpose of transporting students and that may also serve as electric grid stabilization or peak shaving resources. Under an electric school bus project, Dominion may (i) purchase, own, manage, or control electric school buses, along with associated charging or other infrastructure; (ii) enter into third-party agreements for the purchase, lease, or use of electric school buses, along with associated charging or other infrastructure; (iii) enter into agreements with any the school board of any public school division located in the Commonwealth for joint ownership of or for leasing on commercially competitive terms of electric school buses, along with associated charging or other infrastructure; (iv) provide financial incentives or rebates to any school board to promote or facilitate the purchase and ownership by such public school board of electric school buses, along with associated charging or other infrastructure; and (v) engage in other activities to promote the development and proliferation of electric school bus transportation in the Commonwealth. The bill also provides a tax exemption for electric school buses and associated charging and other infrastructure that is related or incidental to an authorized electric school bus project.

A BILL to amend and reenact § 58.1-3660 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 56-585.1:11, relating to electric utilities; electric school bus projects.

20105634D

S.B. 998 Offshore wind generation facilities; development of facilities.

Patron: Lucas

Offshore wind generation facilities. Requires the State Corporation Commission to allow Dominion Energy Virginia to recover all costs of certain utility-owned and utility-operated offshore wind generating facilities, including associated transmission and distribution facilities, and declares that these costs are reasonable and prudently incurred, if the utility (i) has commenced construction of such facilities for U.S. income taxation purposes prior to January 1, 2024, or has a plan for such facility or facilities to be in service prior to January 1, 2028, and (ii) demonstrates that it has utilized reasonable efforts to competitively solicit the majority of services and equipment associated with any such facility’s construction, giving appropriate consideration to suppliers that have demonstrated successful experience on an offshore wind test or demonstration project off the Commonwealth’s Atlantic shoreline. The measure provides that such costs shall be allocated to all customers of the utility in the Commonwealth as a non-bypassable charge, irrespective of the generation supplier of any such customer. The measure requires the utility to (a) identify options for utilizing local workers, (b) consult with the Chief Workforce Development Officer, and (c) give priority to hiring local workers.

A BILL to amend and reenact § 56-585.1:4 of the Code of Virginia, relating to the development of offshore wind generation capacity in the Commonwealth.

20105323D

S.B. 1031 Health insurance; coverage for autism spectrum disorder, individual and small group markets.

Patron: Barker

Health insurance; coverage for autism spectrum disorder; individual and small group markets. Eliminates the exemption from the requirements to provide coverage for the diagnosis and treatment of autism spectrum disorder for insurers, corporations, and organizations issuing policies, contracts, and plans in the individual and small group markets. Under current law, only policies, contracts, and plans issued in the large group market are required to provide such coverage.

A BILL to amend and reenact § 38.2-3418.17 of the Code of Virginia, relating to health insurance; coverage for autism spectrum disorder; individual and small group markets.

20102988D

S.B. 1047 Health insurance; narrow network plans.

Patron: Deeds

Health insurance; narrow network plans. Prohibits a health carrier from offering more than one narrow network plan, as defined in the bill, in a geographic region if any two narrow network plans offered by the health carrier would have the two lowest monthly premiums of any silver-level plans offered by the health carrier in the geographic region.

A BILL to amend the Code of Virginia by adding a section numbered 38.2-3408.1, relating to health insurance; narrow network plans.

20104708D