Virginia Commerce and Labor (S02) Committee Docket — 2022-02-21

Summary

This is a Virginia Commerce and Labor (S02) committee docket dated 2022-02-21 for the 2022 Regular session, listing Richard L. Saslaw as Chair. The agenda includes HB45, which requires health insurers and health service plan providers to provide equal coverage for services rendered by a licensed athletic trainer in an office setting. HB296 concerns the minimum wage and clarifies the definition of wages. HB1201 provides that, for unemployment benefits, the term misconduct does not include an employee's refusal to receive a vaccine for the prevention of COVID-19.

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TITLE: Virginia Commerce and Labor (S02) Committee Docket — 2022-02-21
DATE: 2022-02-21T00:00:00
SESSION: 2022 Regular (20221)
CHAMBER: Senate

COMMITTEE MEMBERS:
- Richard L. Saslaw (D) Chair

STAFF: Hobie Lehman, Jasmine VanDyke, Marvi Ali, Thomas Stevens

DOCKET / AGENDA:

[Senate Bill in Committee]
999. HB45 - Health carriers; licensed athletic trainers.
Patron(s): Ware
Summary: Health carriers; licensed athletic trainers. Requires health insurers and health service plan providers whose policies or contracts cover services that may be legally performed by a licensed athletic trainer to provide equal coverage for such services when rendered by a licensed athletic trainer when such services are performed in an office setting. As introduced, this bill was a recommendation of the Health Insurance Reform Commission. This bill is identical to SB 525.
999. HB182 - Investor-owned water and water and sewer utilities; ratemaking proceedings, evaluation of utilities.
Patron(s): Bloxom
Summary: Investor-owned water and water and sewer utilities; ratemaking proceedings. Requires the State Corporation Commission, in any ratemaking proceeding for an investor-owned utility authorized to furnish water or water and sewer service initiated after January 1, 2022, to evaluate such utility on a stand-alone basis and, for purposes of establishing any revenue requirement and rates, utilize such utility's actual end-of-test period capital structure and cost of capital without regard to the cost of capital, capital structure, or investments of any other entities with which such utility may be affi
999. HB203 - Financial institutions; qualified education loan servicers, definitions.
Patron(s): Webert
Summary: Financial institutions; qualified education loan servicers; definition. Provides that "qualified education loan servicer" means any person that meets all of the following criteria: (i) receives any scheduled periodic payments from a qualified education loan borrower or notification of such payments or applies payments to the qualified education loan borrower's account pursuant to the terms of the qualified education loan or the contract governing the servicing; (ii) during a period when no payment is required on a qualified education loan, maintains account records for the qualified education
999. HB209 - Credit unions; activity authorized for a federally chartered credit union.
Patron(s): Webert
Summary: Credit unions; activity authorized for a federally chartered credit union . Provides that a credit union has the power to engage in any activity, service, or other practice that is authorized for a federally chartered credit union and that has not otherwise been authorized for a state-chartered credit union, provided that (i) the credit union provides the State Corporation Commission with written notice at least 45 calendar days prior to engaging in any such activity, service, or practice and (ii) the credit union engages in the activity, service, or practice subject to the same terms, conditi
999. HB223 - Insurance; locality may provide for employees of certain public school foundations.
Patron(s): Coyner
Summary: Insurance for employees of certain public school foundations. Provides that any locality may provide group life, accident, and health insurance programs for employees of certain public school foundations. This bill is identical to SB 437.
999. HB225 - Health insurance; definition of autism spectrum disorder.
Patron(s): Coyner
Summary: Health insurance; definition of autism spectrum disorder. Provides that for the purposes of required health insurance coverage for the diagnosis and treatment of autism spectrum disorder, "autism spectrum disorder" means any pervasive developmental disorder or autism spectrum disorder, as defined in the most recent edition or the most recent edition at the time of diagnosis of the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association and "medically necessary" means in accordance with the generally accepted standards of mental disorder or condition care a
999. HB266 - Electric cooperatives; net energy metering, power purchase agreements, etc.
Patron(s): Head
Summary: Electric cooperatives; net energy metering; power purchase agreements; local facilities usage charges. Permits any customer, besides a farm or small agricultural generating facility and any customer selling power to the electric cooperative, to interconnect with an electric cooperative and enter an agreement for local facilities usage charges. The bill provides that electric cooperatives can seek approval from the State Corporation Commission at any time for a tariff for local facilities usage charges for the use of cooperative system facilities; however, the terms of an independent agreement
999. HB268 - Credit unions; priority of shares.
Patron(s): Byron
Summary: Credit unions; priority of shares. Removes a provision that establishes that shares held by a credit union member are subordinate to all other obligations of the credit union. This bill is identical to SB 326.
999. HB270 - Va. Employment Commission; administrative reforms, reporting requirements, electronic submissions.
Patron(s): Byron
Summary: Virginia Employment Commission; administrative reforms; reporting requirements; electronic submissions; Unemployment Compensation Ombudsman established; emergency. Requires the Virginia Employment Commission to calculate and report the (i) average unemployment insurance benefit levels, (ii) average income replacement of unemployment insurance benefits, and (iii) recipiency rate for unemployment insurance benefits in the Commonwealth as part of the Commission's annual balance sheet. The bill also requires the Commission, as part of its biennial strategic plan submitted to the Department of Plan
999. HB296 - Minimum wage; clarifies definition of wages.
Patron(s): McNamara
Summary: Minimum wage; definition of wages. Amends the definition of "wages" for the purposes of the Virginia Minimum Wage Act such that "wages" includes the reasonable cost to an employer of providing payments for health care benefits to an employee, provided that the employee is paid a cash wage at a rate not less than the greater of $11.00 per hour or the federal minimum wage.
999. HB320 - Minimum wage; removes certain provisions relating to increasing state wage.
Patron(s): Freitas
Summary: Minimum wage. Repeals certain provisions of the Code of Virginia related to increasing the state minimum wage to more than $11.00 per hour. The bill also repeals provisions related to increasing the state minimum wage based on an annual adjusted minimum wage determined by the Department of Labor and Industry.
999. HB336 - Public employees; bargaining representative certification.
Patron(s): Freitas
Summary: Public employees; bargaining representative certification. Provides that, in a locality that has authorized collective bargaining by ordinance or resolution, a bargaining representative must be selected for each collective bargaining unit determined to be appropriate by the governing body of the locality. The bill provides that for a bargaining representative to be certified as an exclusive representative, at least 51 percent of the public employees in a collective bargaining unit must vote for certification of the bargaining representative through a secret ballot election conducted by the gov
999. HB337 - Public employees; compensation for union activities.
Patron(s): Freitas
Summary: Public employees; compensation for union activities. Prohibits any employer of public employees authorized to engage in collective bargaining from entering into a collective bargaining agreement to compensate any public employee or third party for an employee organization's or union's activities. Further, if a union's activities infringe on an employer's time and resources, the union must compensate the employer at a fair market value rate. The bill provides for enforcement by the Attorney General and creates a cause of action for public employees to remedy potential violations. The provisions
999. HB341 - Public employees; labor union dues deduction authorization.
Patron(s): Freitas
Summary: Public employees; labor union dues deduction authorization. Requires consent by public employees authorized to engage in collective bargaining before union or employee association dues are deducted from the employees' pay directly by their employers. The bill allows public employees to stop paying union or employee association dues at any time and gives public employees an annual opportunity to reconfirm that they want to continue union or employee association membership and pay such dues. The bill provides that if an employee does not reconfirm then the dues deduction must cease.
999. HB358 - Veteran-owned small businesses; waiving of fees.
Patron(s): McGuire
Summary: Veteran-owned small businesses; waiving of fees. Directs the Secretary of Veterans and Defense Affairs and the Secretary of Commerce and Trade, in conjunction with the Department of Small Business and Supplier Diversity, to examine the waiving of fees associated with permits necessary to establish a small business for veteran-owned small businesses. This bill is identical to SB 572.
999. HB360 - Health insurance; carrier contracts, carrier provision of certain prescription drug information.
Patron(s): Fowler
Summary: Health insurance; carrier disclosure of certain information. Requires each health insurance carrier, beginning July 1, 2025, to establish and maintain an online process that (i) links directly to e-prescribing systems and electronic health record systems that utilize the National Council for Prescription Drug Programs SCRIPT standard; (ii) can accept electronic prior authorization requests from a provider; (iii) can approve electronic prior authorization requests for which no additional information is needed by the carrier to process the prior authorization request, no clinical review is requi
999. HB414 - Electric utilities, certain; local reliability data provided to a locality upon request.
Patron(s): Herring
Summary: Electric utilities; local reliability data; report. Directs Dominion Energy Virginia to provide local reliability data within 30 days upon request by a locality located within the service territory of the utility. The State Corporation Commission shall include industry standard reliability metrics for Dominion Energy Virginia and a description of any infrastructure investments made by Dominion Energy Virginia to improve electric service reliability as part of its report on electric generation, transmission, and distribution submitted annually to the General Assembly. This bill is identical to
999. HB421 - Insurance; discrimination based on status as living organ donor prohibited.
Patron(s): Delaney
Summary: Living organ donors; discrimination prohibited. Prohibits any person from refusing to insure, refusing to continue to insure, or limiting the amount or extent of life insurance, disability insurance, or long-term care insurance coverage available to an individual or to charge an individual a different rate for the same coverage based solely and without any additional actuarial risks upon the status of such individual as a living organ donor. The provisions of the bill apply to such insurance plans that are entered into, amended, extended, or renewed on or after January 1, 2023. This bill is id
999. HB431 - Qualified health plans; state-mandated health benefits.
Patron(s): Murphy
Summary: Qualified health plans; state-mandated health benefits. Authorizes a qualified health plan offered on the Virginia Health Benefit Exchange to provide state-mandated health benefits that are not provided in the essential health benefits package. Under current law, qualified health plans are prohibited from providing such state-mandated health benefits. This bill is identical to SB 449.
999. HB443 - Park authorities; authority to operate, etc., electric vehicle charging stations.
Patron(s): Bulova
Summary: Park authorities; electric vehicle charging stations. Gives park authorities created by a locality the authority to locate, operate, regulate the use of, and install signage relating to electric vehicle (EV) charging stations on property under its jurisdiction. The bill adds park authorities to the list of entities for which provision of electricity for EV charging is exempt from the definition of retail sale of electricity. The bill adds park authorities to the list of entities that the State Corporation Commission cannot regulate or prescribe the rates, charges, and fees for retail EV chargi
999. HB445 - High-speed broadband service; expanding to new residential and commercial development.
Patron(s): Murphy
Summary: Broadband service; new residential and commercial development; stakeholder advisory group. Provides that the Department of Housing and Community Development shall convene a stakeholder advisory group for the purpose of evaluating local and state policies, procedures, or ordinances to facilitate the expansion of high-speed broadband service and associated infrastructure in new residential and commercial development. The stakeholder advisory group shall be composed of representatives from the commercial and residential land development and construction industry, local government, high-speed broa
999. HB558 - Natural gas, biogas, and other gas sources of energy; definitions, energy conservation.
Patron(s): O'Quinn
Summary: Natural gas, biogas, and other gas sources of energy; definitions; energy conservation and efficiency; Steps to Advance Virginia's Energy Plan; biogas supply infrastructure projects; work group. Permits natural gas utilities to include in their fuel portfolios, submitted to the State Corporation Commission to monitor fuel prices and purchases, supplemental or substitute forms of gas sources, defined in the bill, that meet certain standards and that reduce emissions intensity. The bill amends provisions of the Code related to conservation and energy efficiency programs, removes certain cost-eff
999. HB657 - Waste coal piles; Department of Energy to identify volume and number, use of coal ash.
Patron(s): Wampler
Summary: Department of Energy; waste coal piles; report. Directs the Department of Energy, in cooperation with public institutions of higher education serving the coalfield region of the Commonwealth, to identify the approximate volume and number of waste coal piles present in the area and options for cleaning up such waste coal piles, including potential use in electricity generation. The Department of Energy shall report its findings and recommendations to the General Assembly by December 1, 2022. The bill also directs the Department of Energy to convene a working group to evaluate opportunities for
999. HB675 - Health insurance; tobacco surcharge.
Patron(s): Hope
Summary: Health insurance; tobacco surcharge. Eliminates the authority of a health carrier to vary its premium rates based on tobacco use. Under current law, a health carrier may charge premium rates up to 1.5 times higher for a tobacco user than for a nonuser. This bill is a recommendation of the Joint Commission on Health Care, and the provisions of the bill shall apply to health benefit plans providing individual or small group health insurance coverage beginning on January 1, 2023. This bill is identical to SB 422.
999. HB768 - Health insurance; association health plan for real estate salespersons.
Patron(s): Hodges
Summary: Health insurance; association health plan for real estate salespersons. Provides that a licensed insurer may issue a policy of group accident and sickness insurance to an association of real estate salespersons (association), which association shall be deemed the policyholder, and that such association health plan is not considered to be insurance and is not subject to the existing requirements for insurance if certain requirements are met. The bill requires that (i) all members of the association be eligible for coverage and membership, including employer members with at least one employee th
999. HB773 - Health insurance; provider credentialing, receipt of application.
Patron(s): Hodges
Summary: Health insurance; provider credentialing; receipt of application. Requires the protocols and procedures for the reimbursement of new provider applicants that are established by a carrier that credentials providers in its network to require that the carrier provide recognition or notification of receipt of such applicant's credentialing application (i) electronically if the carrier uses an online credentialing system for new provider applicants or (ii) by mail or electronic mail, as selected by the applicant, within 10 days of receiving the application if the carrier does not use an online cred
999. HB774 - Renewable energy facilities; SCC shall create a task force to analyze life cycle.
Patron(s): Hodges
Summary: Life cycle of renewable energy facilities; report. Directs the State Corporation Commission, in consultation with the Department of Energy and the Department of Environmental Quality, to create a task force to analyze the life cycle of renewable energy facilities in the Commonwealth. The State Corporation Commission shall report the findings of the task force to the Governor and the Chairmen of the House Committee on Agriculture, Chesapeake and Natural Resources and the Senate Committee on Agriculture, Conservation and Natural Resources no later than May 1, 2023. This bill is identical to SB 4
999. HB790 - Collective bargaining; law enforcement, transparency and accountability.
Patron(s): LaRock
Summary: Collective bargaining; law enforcement; transparency and accountability. Prohibits a county, city, or town from entering into a collective bargaining contract with a labor union or other employee association representing law-enforcement officers or employees of a law-enforcement agency that (i) prevents the Attorney General from seeking equitable relief against a law-enforcement agency engaging in a pattern or practice of unconstitutional misconduct; (ii) includes any stipulation that delays officer interviews or interrogations after alleged wrongdoing for a set length of time; (iii) provides
999. HB842 - Commonwealth Health Reinsurance Program; federal risk adjustment program.
Patron(s): Sickles
Summary: Commonwealth Health Reinsurance Program; federal risk adjustment program. Eliminates the requirement that the State Corporation Commission consider transfers made under the federal risk adjustment program to eliminate double reimbursement for high-cost cases as a factor when establishing payment parameters for the benefit year under the Commonwealth Health Reinsurance Program. The bill also eliminates the requirement that the Commission factor in transfers received for an enrolled individual under the federal risk adjustment program when calculating each reinsurance payment based on an eligibl
999. HB883 - Project labor agreements; prevailing wage, collective bargaining for employees of local governments.
Patron(s): Byron
Summary: Project labor agreements; prevailing wage; collective bargaining for employees of local governments. Provides that state agencies, when engaged in procuring products or services or letting contracts for construction, manufacture, maintenance, or operation of public works, paid for in whole or in part by state funds, shall neither require nor prohibit bidders to enter into or adhere to agreements with one or more labor organizations on the public works projects. The bill removes requirements for the payment of prevailing wage for work performed on public works contracts for state agencies. In a
999. HB884 - Group health benefit plans; sponsoring associations, formation of benefits consortium, definitions.
Patron(s): Byron
Summary: Group health benefit plans; bona fide associations; formation of benefits consortium. Provides that certain trusts constitute a benefits consortium and are authorized to sell health benefit plans to members of a sponsoring association that (i) has been formed and maintained in good faith for purposes other than obtaining or providing health benefits; (ii) does not condition membership in the sponsoring association on any factor relating to the health status of an individual, including an employee of a member of the sponsoring association or a dependent of such an employee; (iii) makes any heal
999. HB889 - Nonpayment of wages; defense of contractor.
Patron(s): Kilgore
Summary: Nonpayment of wages; defense of contractor. Provides that a general contractor or subcontractor, regardless of tier, may submit as evidence in defending against a claim for nonpayment a written certification, under oath, from any lower-tier subcontractor stating that (i) the subcontractor and each of his sub-subcontractors has paid all employees all wages due for the period during which the wages are claimed for the work performed on the project and (ii) to the subcontractor's knowledge, all sub-subcontractors below the subcontractor, regardless of tier, have similarly paid their employees all
999. HB892 - Regional Greenhouse Gas Initiative (RGGI); preexisting contracts.
Patron(s): Kilgore
Summary: Regional Greenhouse Gas Initiative; preexisting contracts. Establishes a reserve account for the purchase of Regional Greenhouse Gas Initiative (RGGI) allowances by an entity that has a preexisting contractual arrangement related to a power purchase entered into on or before May 16, 2017, and continuing in effect on July 1, 2020, through December 31, 2025. Such entity is authorized under the bill to purchase RGGI credits at a discounted rate, subject to conditions set forth in the bill, if, because of the preexisting contractual arrangement, the entity is unable to pass through or recover its
999. HB925 - Health insurance; coverage for prosthetic devices and components.
Patron(s): Roem
Summary: Health insurance; coverage for prosthetic devices. Requires health insurers, corporations providing health care coverage subscription contracts, health maintenance organizations, and the Commonwealth's Medicaid program to provide coverage for medically necessary prosthetic devices, including myoelectric, biomechanical, or microprocessor-controlled prosthetic devices. The provisions of the bill apply only in the large group markets. The provisions of the bill apply to any policies issued or delivered on and after January 1, 2023. This bill is identical to SB 405.
999. HB1040 - Minimum wage; small employers.
Patron(s): Scott, P.A.
Summary: Minimum wage; small employers. Exempts employers that are individuals or entities with 10 or fewer employees from the state minimum wage requirements.
999. HB1042 - Workers' compensation; time period for filing claim, certain cancers.
Patron(s): Brewer
Summary: Workers' compensation; time period for filing claim; certain cancers. Provides that the time period for filing a workers' compensation claim for certain cancers is two years after a diagnosis of the disease is first communicated to the employee or within 10 years from the date of the last injurious exposure in employment, whichever first occurs. The bill provides, however, that such claim for benefits shall be barred if an employee is 65 years of age or older, regardless of the date of diagnosis, communication, or last injurious exposure in employment. This bill is identical to SB 562.
999. HB1081 - Health insurance; calculation of enrollee's contribution, high deductible health plan.
Patron(s): Byron
Summary: Health insurance; calculation of enrollee's contribution; high deductible health plan. Provides that if the application of the requirement that a carrier, when calculating an enrollee's overall contribution to any out-of-pocket maximum or any cost-sharing requirement under a health plan, include any amounts paid by the enrollee or paid on behalf of the enrollee by another person results in a health plan's ineligibility to qualify as a Health Savings Account-qualified High Deductible Health Plan under the federal Internal Revenue Code, then such requirement shall not apply to such health plan w
999. HB1153 - Mortgage brokers; dual compensation.
Patron(s): Ware
Summary: Mortgage brokers; dual compensation. Removes provisions prohibiting a person from acting as a mortgage broker in connection with any real estate sales transaction in which such person has acted as a real estate broker or real estate salesperson and has received or will receive compensation in connection with such transaction. The bill provides that if a mortgage broker negotiates, places, or finds a mortgage loan and acts as a real estate broker or real estate salesperson in connection with the sale of the real estate that secures such loan, the mortgage broker is required to conspicuously pro
999. HB1156 - Private family leave insurance; definition, establishes as a class of insurance.
Patron(s): Byron
Summary: Private family leave insurance. Establishes family leave insurance as a class of insurance. The bill defines "family leave insurance" as an insurance policy issued to an employer related to a benefit program provided to an employee to pay for the employee's income loss due to (i) the birth of a child or adoption of a child by the employee; (ii) placement of a child with the employee for foster care; (iii) care of a family member of the employee who has a serious health condition; or (iv) circumstances arising out of the fact that the employee's family member who is a service member is on activ
999. HB1173 - Fair Labor Standards Act; employer liability, overtime required for certain employees, report.
Patron(s): Ware
Summary: Fair Labor Standards Act; overtime; employer liability. Replaces the current provisions of the Virginia Overtime Wage Act with the provision that any employer that violates the overtime wage requirements of the federal Fair Labor Standards Act, and any related laws and regulations, shall be liable to its employee for remedies or other relief available under the Fair Labor Standards Act. The bill requires an employer to compensate employees of a derivative carrier, defined in the bill, at a rate not less than one and one-half times the employee's regular rate of pay for any hours worked in exce
999. HB1201 - Unemployment compensation; disqualification for benefits, etc.
Patron(s): Byron
Summary: Unemployment compensation; disqualification for benefits; misconduct does not include refusing COVID-19 vaccine. Provides that for the purposes of the Virginia Employment Commission determining if an individual was separated or partially separated from employment for misconduct and would be disqualified for unemployment benefits, the term "misconduct" does not include an employee's refusal to receive or receive in part any primary series or booster shot of a vaccine for the prevention of COVID-19.

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