Virginia Commerce and Labor (S02) Committee Docket — 2024-02-05

Summary

Docket for the Virginia Commerce and Labor (S02) Committee dated 2024-02-05, in the 2024 Regular session, with R. Creigh Deeds (D) as chair. It lists Senate bills with patrons and summaries, including SB118 by Locke on health insurance coverage for doula care services, SB148 by Head exempting issuers or sellers of digital tokens from Securities Act registration, and SB274 by Deeds establishing a Prescription Drug Affordability Board. Employment items include SB360 by VanValkenburg on covenants not to compete and SB485 by Carroll on employer-sponsored meetings on political matters. Many entries concern electric utilities and energy efficiency, ending with SJ47 by Surovell asking the State Corporation Commission to study performance-based regulatory tools.

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TITLE: Virginia  (S02) Committee Docket — 2024-02-05
DATE: 2024-02-05T00:00:00
SESSION: 2024 Regular (20241)
CHAMBER: Senate

COMMITTEE MEMBERS:
  - R. Creigh Deeds (D) Chair

STAFF: Horton, Andrew, Hobie Lehman, Thomas Stevens

DOCKET / AGENDA:

[Senate Bill in Committee]
  999. SB118 - Health insurance; coverage for doula care services.
       Patron(s): Locke
       Summary: Health insurance; coverage for doula care services. Requires health insurers, corporations providing health care subscription contracts, and health maintenance organizations whose policy, contract, or plan includes coverage for obstetrical services to provide coverage for doula care services provided by a state-certified doula. The bill requires such coverage to include coverage for at least eight visits during the antepartum or postpartum period and support during labor and delivery. The bill provides that health insurance carriers are (i) not required to pay for duplicate services actually r
  999. SB148 - Securities Act; an issuer or seller of digital token shall be exempt from registration requirements.
       Patron(s): Head
       Summary: Securities Act; digital tokens; exemption. Provides that an issuer or seller of a digital token, as defined in the bill, shall be exempt from the registration requirements of the Securities Act if (i) the digital token cannot be considered an investment contract, as defined in the bill; (ii) the primary purpose of the token is consumptive, as defined in the bill; (iii) the issuer or seller of the digital token did not market the digital token to the initial buyer as a financial investment; and (iv) at least one of four additional criteria are satisfied. The bill requires an issuer or seller of
  999. SB191 - Electric utilities; data center demand, allocation of costs among customer classes.
       Patron(s): Subramanyam
       Summary: Electric utilities; data center demand; allocation of costs among customer classes. Directs the State Corporation Commission to ensure that any plan, petition, or proposal from a utility to meet demand associated with data centers considers generation, transmission, and distribution system costs so as to meet such demand at the lowest aggregate reasonable cost. The bill also directs the Commission to initiate a proceeding, on or before December 31, 2024, (i) to determine if the current allocation of costs among customers and the different classifications of customers of electric utilities resu
  999. SB230 - Electric utilities; energy efficiency programs, duty to implement the Energy Policy, etc.
       Patron(s): Hashmi
       Summary: Electric utilities; energy efficiency programs; duty to implement the Energy Policy of the Commonwealth; RPS program requirements; competitive procurement. Provides that "in the public interest" for the purpose of assessing energy efficiency programs means that the State Corporation Commission determines that the program is cost-effective and directs the Commission to initiate a proceeding no later than December 31, 2025, to establish a single, consistent cost-effectiveness test for use in evaluating proposed energy efficiency programs. The bill provides (i) that "total electric energy" for pu
  999. SB247 - Building service employees; public contracting.
       Patron(s): McPike
       Summary: Building service employees; public contracting. Permits any county, city, or town in the Commonwealth to provide for certain requirements concerning incumbent and successor building service employers, defined in the bill, by local ordinance or resolution. For example, such local ordinance or resolution may require that successor building service employers retain incumbent employees during a transition period of 90 days. Under the bill, building service employees are those who perform work in connection with the care or maintenance of property, services at an airport, or food preparation servic
  999. SB248 - Virginia Petroleum Products Franchise Act; agreements between jobber/distributors and dealers.
       Patron(s): McPike
       Summary: Virginia Petroleum Products Franchise Act; agreements between jobber/distributors and dealers; market valuation study. Provides that a term of an initial agreement between a jobber/distributor and a dealer relating to specific marketing premises shall not be less than one year and that the term of all subsequent agreements between the jobber/distributor and the dealer relating to the same marketing premises shall not be for less than three years. The bill provides that rental provisions in any such agreement or franchise shall be based on commercially fair and reasonable standards at a fair ma
  999. SB253 - Shared solar programs; amends existing program provisions to apply to Dominion Energy Virginia.
       Patron(s): Surovell
       Summary: Shared solar programs; Dominion Energy Virginia; minimum bill; capacity. Amends existing shared solar program provisions applicable to Dominion Energy Virginia. The bill provides that a customer's net bill for participation in the shared solar program means the resulting amount a customer must pay the utility after the bill credit, defined in relevant law, is deducted from the customer's monthly gross utility bill. The bill divides the shared solar program into two parts, the first of which has an aggregate capacity of 200 megawatts. The bill provides that upon a determination that at least 90
  999. SB255 - Shared solar programs; SCC to establish by regulation, etc.
       Patron(s): Surovell
       Summary: Shared solar programs; American Electric Power; minimum bill; capacity. Requires the State Corporation Commission to establish by regulation a shared solar program, as defined in the bill, through which customers of American Electric Power may purchase electric power through a subscription in a shared solar facility, as defined in the bill. The bill requires the Commission to establish a minimum bill, which shall include the costs of all utility infrastructure and services used to provide electric service and administrative costs of the shared solar program, taking into account certain conside
  999. SB256 - Motor vehicle insurance; remedies for bad faith for refusal of claims.
       Patron(s): Surovell
       Summary: Motor vehicle insurance claims; bad faith. Provides that if an insurance company licensed in the Commonwealth to write motor vehicle insurance (i) denies, refuses, fails to pay, or fails to make a timely and reasonable settlement offer to its insured under the provisions of any uninsured or underinsured motorist benefits coverage in a policy of motor vehicle insurance applicable to the insured after the insured has become legally entitled to recover or (ii) after all applicable liability policy limits and underlying uninsured and underinsured motorists benefits have been tendered or paid, reje
  999. SB274 - Prescription Drug Affordability Board; established, drug cost affordability review, report.
       Patron(s): Deeds
       Summary: Prescription Drug Affordability Board established; drug cost affordability review. Establishes the Prescription Drug Affordability Board for the purpose of protecting the citizens of the Commonwealth and other stakeholders within the health care system from the high costs of prescription drug products. The bill requires the Board to meet in open session at least four times annually, with certain exceptions and requirements enumerated in the bill. Members of the Board are required to disclose any conflicts of interest, as described in the bill. The bill also creates a stakeholder council for th
  999. SB339 - Blockchain technology, digital asset mining, etc.; Jt. Commission on Technology & Science to study.
       Patron(s): Salim
       Summary: Joint Commission on Technology and Science analysis; blockchain, digital asset mining, and cryptocurrency; report. Directs the Joint Commission on Technology and Science to conduct an analysis of and make recommendations regarding the use of blockchain technology, digital asset mining, and cryptocurrency in the Commonwealth. The bill requires the Commission to submit its findings to the Chairmen of the House Committees on Appropriations and Communications, Technology and Innovation and the Senate Committees on Finance and Appropriations and General Laws and Technology no later than December 1,
  999. SB346 - Net energy metering; solar interconnection, cost recovery.
       Patron(s): Subramanyam
       Summary: Net energy metering; solar interconnection; cost recovery. Provides that an electric distribution company shall pay $1 per kilowatt per day for the costs of lost electricity production for any and all delays beyond the regulatory notice period required by State Corporation Commission related to net energy metering. The bill requires that, for the purposes of net energy metering, an eligible customer-generator shall bear all reasonable costs of equipment required at the eligible customer-generator's side of the meter for the interconnection to the supplier's electric distribution system, includ
  999. SB360 - Employment; definitions, covenants not to compete prohibited, limitations, civil penalty.
       Patron(s): VanValkenburg
       Summary: Covenants not to compete; health care professionals; civil penalty. Adds health care professionals as a category of employee with whom no employer shall enter into, enforce, or threaten to enforce a covenant not to compete. The bill defines "health care professional" as any physician, nurse, nurse practitioner, physician's assistant, pharmacist, social worker, dietitian, physical and occupational therapist, professional counselor, behavior analyst, assistant behavior analyst, or medical technologist authorized to provide health care services in the Commonwealth. The bill provides that any empl
  999. SB381 - Unemployment compensation; employer's failure to respond to requests for information, etc.
       Patron(s): Ebbin
       Summary: Unemployment compensation; employer failure to respond to requests for information; claim determination; notice requirements. Provides that an employer's account shall not be relieved of charges relating to an erroneous payment if the Virginia Employment Commission determines that (i) the employer has failed to respond timely or adequately to a written request for information related to the claim and (ii) the employer has established a pattern of failing to respond timely or adequately to such requests, as described in the bill. The bill requires the Commission to provide written notice for ea
  999. SB450 - Towing fees; State Corporation Commission shall examine existing regulation of fees.
       Patron(s): Marsden
       Summary: Regulation of towing fees; State Corporation Commission; report. Directs the State Corporation Commission to examine the existing regulation of fees charged for the removal of vehicles and identify policy options for the Commission to assume all or part of such regulation. The bill requires the Commission to report its findings to the General Assembly by November 30, 2024.
  999. SB454 - Electric utilities; recovery of development costs associated with small modular reactor.
       Patron(s): Marsden
       Summary: Electric utilities; recovery of development costs associated with small modular reactor. Permits Dominion Energy Virginia to petition the State Corporation Commission at any time for the approval of a rate adjustment clause for the recovery of small modular reactor project development costs for up to one small modular reactor facility. The bill also permits the utility to petition the Commission for project development cost recovery along separate development phases. The bill has an expiration date of December 31, 2029.
  999. SB485 - Employee protections; employer-sponsored meetings on political matters, civil action.
       Patron(s): Carroll Foy
       Summary: Employee protections; employer-sponsored meetings on political matters; civil action. Prohibits an employer from retaliating against an employee (i) because such employee declines to attend or participate in an employer-sponsored meeting or receive an employer's communications conveying an opinion about political matters, as defined in the bill; (ii) as a means of inducing an employee's attendance at such meeting or receipt of such communications; or (iii) because the employee reports a suspected violation of the bill's provisions. The bill permits an employee alleging a violation of the bill'
  999. SB500 - Electric utilities; integrated resource plans, grid-enhancing technologies and advanced conductors.
       Patron(s): Carroll Foy
       Summary: Electric utilities; integrated resource plans; grid-enhancing technologies and advanced conductors. Requires an electric utility to include in an integrated resource plan a comprehensive assessment of the application of grid-enhancing technologies and advanced conductors, as those terms are defined in the bill, and, if applicable, to include in such plan a detailed explanation of why such technologies or conductors are not included in such plan.
  999. SB508 - Renewable energy portfolio standard; geothermal heating and cooling systems.
       Patron(s): Surovell
       Summary: Renewable energy portfolio standard; geothermal heating and cooling systems; report. Provides that geothermal heating and cooling systems, as defined in the bill, located in the Commonwealth are eligible for compliance with renewable energy portfolio standard requirements. The bill also requires the State Corporation Commission (the Commission) to convene a stakeholder work group to examine the feasibility of establishing renewable energy portfolio standard program (RPS program) requirements that require each Phase I and Phase II Utility to procure and retire renewable energy certificates (REC
  999. SB543 - Health insurance; patient access to emergency services, mobile crisis response services.
       Patron(s): Bagby
       Summary: Health insurance; emergency services; mobile crisis response services. Provides that emergency services, with respect to an emergency medical condition, include, as it relates to any mental health services or substance abuse services rendered at a behavioral health crisis service provider, (i) a behavioral health assessment that is within the capability of a behavioral health crisis service provider, including ancillary services routinely available to evaluate such emergency medical condition, and (ii) such further examination and treatment, to the extent that they are within the capabilities
  999. SB565 - Energy efficiency programs; definitions, incremental annual savings.
       Patron(s): Deeds
       Summary: Energy efficiency programs; incremental annual savings. Provides that for the 2029 program year and all subsequent years, "in the public interest" for the purpose of assessing energy efficiency programs means that the State Corporation Commission determines that the program is cost-effective. The bill directs the Commission to promulgate regulations no later than September 30, 2025, establishing a single, consistent cost-effectiveness test for use in evaluating proposed energy efficiency programs. The bill requires Dominion Energy Virginia and Appalachian Power Company to track, quantify, and
  999. SB565 - Energy efficiency programs; definitions, incremental annual savings.
       Patron(s): Deeds
       Summary: Energy efficiency programs; incremental annual savings. Provides that for the 2029 program year and all subsequent years, "in the public interest" for the purpose of assessing energy efficiency programs means that the State Corporation Commission determines that the program is cost-effective. The bill directs the Commission to promulgate regulations no later than September 30, 2025, establishing a single, consistent cost-effectiveness test for use in evaluating proposed energy efficiency programs. The bill requires Dominion Energy Virginia and Appalachian Power Company to track, quantify, and
  999. SB567 - Siting of energy facilities; approval by the State Corporation Commission.
       Patron(s): Deeds
       Summary: Siting of energy facilities; approval by the State Corporation Commission. Establishes a procedure under which an electric utility or independent power provider (applicant) is able to obtain approval for a certificate from the State Corporation Commission for the siting of an energy facility rather than from the governing body of a locality. Under the bill, applicants are authorized to submit an application to the Commission if (i) the locality fails to timely approve or deny an application; (ii) the application complies with certain requirements for Commission approval, but a host locality de
  999. SB591 - Electric utilities; customer energy choice, notice required for customer return to service.
       Patron(s): McPike
       Summary: Electric utilities; customer energy choice; notice required for customer return to service. Removes certain restrictions on the ability of individual retail customers of electric energy within the Commonwealth, regardless of customer class, to purchase electric energy provided 100 percent from renewable energy from any supplier of electric energy licensed to sell retail electric energy within the Commonwealth. The bill also decreases the required written notice period from five years to six months for certain electric energy customers to return to service by Dominion Energy Virginia after purc
  999. SB634 - State Corporation Commission; powers and duties.
       Patron(s): Rouse
       Summary: State Corporation Commission; powers and duties. Provides that in proceedings before the State Corporation Commission relating to the regulation and oversight of utilities, the Commission shall consider public health and safety, the economy of the Commonwealth, the promotion of workforce development for residents of the Commonwealth, and the maintenance of fair labor standards for workers employed by public service companies and their contractors, if applicable to the proceeding.
  999. SB660 - Health insurance; pharmacy benefits managers, reporting requirements, civil penalty.
       Patron(s): Carroll Foy
       Summary: Health insurance; pharmacy benefits managers; reporting requirements; civil penalty. Provides that a person that violates the existing requirement to obtain a license prior to providing pharmacy benefits management services or otherwise acting as a pharmacy benefits manager may be subject to a civil penalty of $5,000 for each day on which such violation occurs. The bill adds additional requirements to existing reporting requirements for insurance carriers relating to pharmacy benefits managers. Such additional requirements include (i) the aggregate amount of a pharmacy benefits manager's retai
  999. SB664 - Electric utilities; electric distribution infrastructure serving data centers.
       Patron(s): Stuart
       Summary: Electric utilities; electric distribution infrastructure serving data centers. Prohibits the costs associated with the construction or extension of any electric distribution infrastructure that primarily serves the load of a data center from being recovered from any other customer.
  999. SB670 - Surplus line broker; any person required to be licensed as one shall not be subject to certain tax.
       Patron(s): Pekarsky
       Summary: Surplus line broker taxes. Provides that any surplus lines broker or any person required to be licensed as one shall not be subject to the annual taxes, license taxes, or penalties under current law for any policy of insurance procured during the preceding calendar year on behalf of a commuter rail system jointly operated by the Northern Virginia Transportation Commission and the Potomac and Rappahannock Transportation District.
  999. SB685 - Minimum wage and overtime pay; warehouse distribution center employees and employers, civil action.
       Patron(s): Carroll Foy
       Summary: Minimum wage and overtime pay; warehouse distribution center employees and employers; civil action; civil penalty. Provides that (i) an employer that violates requirements in existing law relating to the minimum wage, payment of wages and salaries, or overtime pay or (ii) a warehouse employer, as defined in the bill, that violates the bill's provisions shall be liable to an impacted employee for certain remedies, damages, and other relief as specified in the bill. The bill requires a warehouse employer to provide each warehouse employee, as defined in the bill, a written description of each pe
  999. SB688 - Offshore wind capacity; development, prohibited cost recovery.
       Patron(s): Suetterlein
       Summary: Development of offshore wind capacity; prohibited cost recovery.
  999. SB705 - Insurance; adds member to continuing education board.
       Patron(s): Bagby
       Summary: Insurance; continuing education board; membership. Adds a member of the Virginia chapter of the National African American Insurance Association to the insurance continuing education board. Additionally, the bill amends the name of the association of one existing required member, from the Virginia Association of Health Underwriters to the Virginia chapter of the National Association of Benefits and Insurance Professionals, to reflect such association's current name.
  999. SB708 - Underground transmission lines; qualifying projects, pilot program.
       Patron(s): Perry
       Summary: Pilot program for underground transmission lines; qualifying projects. Increases the maximum capacity of qualifying electrical transmission lines, for purposes of the pilot project for underground transmission lines, from 230 kilovolts to 500 kilovolts. The bill provides that the State Corporation Commission shall approve additional qualifying projects as part of the pilot program that traverse along highways in developed areas where the route of proposed transmission lines and towers traverse areas protected by a scenic easement, view shed easement, areas of registered historic designation, o
  999. SB713 - Public service companies; pole attachments to accommodate cable TV systems & telecommunications.
       Patron(s): Marsden
       Summary: Public service companies; pole attachments; cable television systems and telecommunications service providers. Requires a public utility, as defined in the bill, to establish and adhere to pole attachment practices and procedures that comply with certain requirements, including determining whether an attachment request is complete before reviewing such request on its merits, complying with certain timelines, and providing notice of a rearrangement to affected existing attachers. The bill provides that a public utility shall not apportion to a telecommunications service provider or cable televi
  999. SB713 - Public service companies; pole attachments to accommodate cable TV systems & telecommunications.
       Patron(s): Marsden
       Summary: Public service companies; pole attachments; cable television systems and telecommunications service providers. Requires a public utility, as defined in the bill, to establish and adhere to pole attachment practices and procedures that comply with certain requirements, including determining whether an attachment request is complete before reviewing such request on its merits, complying with certain timelines, and providing notice of a rearrangement to affected existing attachers. The bill provides that a public utility shall not apportion to a telecommunications service provider or cable televi
  999. SB729 - Virginia Clean Energy Innovation Bank; created, report.
       Patron(s): Surovell
       Summary: Virginia Clean Energy Innovation Bank; established; report. Creates the Virginia Clean Energy Innovation Bank to finance clean energy projects, greenhouse gas emissions reduction projects, and other qualified projects through the strategic deployment of public funds in the form of grants, loans, credit enhancements, and other financing mechanisms. The Bank is governed by a 12-member Board of Directors, consisting of nine nonlegislative citizen members and three ex officio members with voting privileges, who include the Director of the Department of Energy, the Chief Executive Officer of the Vi
  999. SB735 - Health insurance; denial of referral by direct primary care provider prohibited.
       Patron(s): Sturtevant
       Summary: Health insurance; denial of referral by direct primary care provider prohibited. Prohibits a health insurance carrier from (i) denying payment for any health care service covered under an enrollee's health benefit plan based solely on the basis that such enrollee's referral was made by a direct primary care provider or (ii) imposing a cost-sharing requirement greater than the applicable cost-sharing requirement that would apply to the same health care service if the service was referred by a participating provider. The bill provides that a health insurance carrier may require a direct primary
  999. SB737 - Electric utilities; energy efficiency programs, on-bill tariff program.
       Patron(s): Surovell
       Summary: Electric utilities; energy efficiency programs. Provides that, for the purposes of the Virginia Electric Utility Regulation Act, energy efficiency programs include electrification, including measures that electrify space heating, water heating, cooling, drying, cooking, industrial processes, and other building and industrial end uses that would otherwise be served by onsite, nonelectric fuels, provided that the electrification measures reduce site energy consumption and that, to the maximum extent practical, seek to combine with federally authorized customer rebates for heat pump technology. T
  999. SJ47 - Investor-owned electric utilities; SCC to study performance-based regulatory tools.
       Patron(s): Surovell
       Summary: Study; State Corporation Commission; electric utilities; performance-based regulatory tools; competitive service providers; report. Requests the State Corporation Commission, in consultation with the Department of Energy, to study performance-based regulatory tools for investor-owned electric utilities and competitive service providers in the Commonwealth.

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