Virginia Commerce and Labor (S02) Committee Docket — 2022-02-07

Summary

Docket for the Virginia Commerce and Labor (S02) Committee dated 2022-02-07, in the 2022 Regular session, with Richard L. Saslaw (D) as chair and staff Hobie Lehman, Jasmine VanDyke, Marvi Ali and Thomas Stevens. It lists Senate bills with patrons and summaries, starting with SB1 by Boysko, which would have the Virginia Employment Commission run a paid family and medical leave program with benefits beginning January 1, 2025, paid at 80 percent of average weekly wage. Other items include SB15 on private family leave insurance, SB447 on wage history inquiries, SB646 and SB655 on unemployment compensation, and shared solar bills SB659 and SB660.

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TITLE: Virginia Commerce and Labor (S02) Committee Docket — 2022-02-07
DATE: 2022-02-07T00:00:00
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. SB1 - Paid family and medical leave program; Virginia Employment Commission required to establish.
       Patron(s): Boysko
       Summary: Paid family and medical leave program. Requires the Virginia Employment Commission to establish and administer a paid family and medical leave program with benefits beginning January 1, 2025. Under the program, benefits are paid to eligible employees for family and medical leave. Funding for the program is provided through premiums assessed to employers and employees beginning in 2024. The amount of a benefit is 80 percent of the employee's average weekly wage, not to exceed 80 percent of the state weekly wage, which amount is required to be adjusted annually to reflect changes in the statewid
  999. SB15 - Private family leave insurance; definition, establishes as a class of insurance.
       Patron(s): Favola
       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. SB120 - Waste coal piles; Department of Energy to identify volume and number, use of coal ash.
       Patron(s): Hackworth
       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. SB204 - Health care provider panels; vertically integrated carriers, reimbursements to providers.
       Patron(s): Petersen
       Summary: Health care provider panels; vertically integrated carriers; reimbursements to providers. Requires any vertically integrated carrier, upon written request, to offer participation in each requested 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 government benefit programs, to the requesting provider under the same terms and conditions that apply to providers under common control with the vertically integrated carrier. The measure r
  999. SB280 - Electric utilities, certain; local reliability data provided to a locality upon request.
       Patron(s): Ebbin
       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. SB329 - Credit unions; activity authorized for a federally chartered credit union.
       Patron(s): Bell
       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, conditio
  999. SB331 - Overtime pay requirements; volunteers.
       Patron(s): Reeves
       Summary: Overtime pay requirements; volunteers. Permits individuals who work as both employees and on a volunteer basis for a public body, church, or nonprofit organization to earn overtime wages for hours worked as an employee only and continues to exclude hours worked on a volunteer basis from overtime wage requirements.
  999. SB338 - Commonwealth Health Reinsurance Program; federal risk adjustment program.
       Patron(s): Barker
       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. SB347 - Electric utilities; SCC to establish for certain utilities annual energy efficiency savings targets.
       Patron(s): Bell
       Summary: Electric utilities; energy efficiency programs. Requires the State Corporation Commission (the Commission) to establish for Dominion Energy Virginia annual energy efficiency savings targets for customers who are low-income, elderly, disabled, or veterans of military service. The bill requires the Commission, in establishing such targets, to seek to optimize energy efficiency and the health and safety benefits of utility energy efficiency programs. The bill provides that health and safety measures and improvements for the purpose of maximizing both energy savings through low-income energy effic
  999. SB352 - Health care providers and grocery store workers, etc.; employers to provide paid sick leave, clause.
       Patron(s): Surovell
       Summary: Paid sick leave; health care providers and grocery store workers. Requires employers to provide paid sick leave to health care providers and grocery store workers. Under current law, employers are only required to provide paid sick leave to certain home health workers. The bill removes requirements that workers work on average at least 20 hours per week or 90 hours per month to be eligible for paid sick leave. The bill provides that certain health care providers may waive their right to accrue and use paid sick leave and provides an exemption for certain other health care providers. The bill r
  999. SB365 - Virginia Overtime Wage Act; clarifies term "employee."
       Patron(s): Stuart
       Summary: Virginia Overtime Wage Act. Provides that for the purposes of the Virginia Overtime Wage Act, the term "employee" does not include certain persons excluded from the definition of "employee" under the federal Fair Labor Standards Act (the federal act). The bill provides that an employer may assert an exemption to the overtime requirement of the Virginia Overtime Wage Act for employees who meet certain exemptions set forth in the federal act. The bill also provides that a public agency, as defined in the federal act, may provide an employee compensatory time off in lieu of overtime compensation,
  999. SB407 - Disability insurance; disability arising out of childbirth.
       Patron(s): Dunnavant
       Summary: Disability insurance; disability arising out of childbirth. Requires each insurer proposing to issue individual or group accident and sickness insurance policies providing short-term disability income protection coverage whose policies provide coverage for short-term disability arising out of childbirth to, notwithstanding a disability determination or medical necessity requirement, provide for 12 weeks of income protection coverage for a payable benefit of at least 12 weeks immediately following childbirth.
  999. SB428 - Health insurance; carrier contracts, carrier provision of certain prescription drug information.
       Patron(s): Dunnavant
       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. SB447 - Wage or salary history inquiries; prohibited, civil penalty.
       Patron(s): Boysko
       Summary: Wage or salary history inquiries prohibited; civil penalty. Prohibits a prospective employer from (i) seeking the wage or salary history of a prospective employee; (ii) relying on the wage or salary history of a prospective employee in determining the wages or salary the prospective employee is to be paid upon hire; (iii) relying on the wage or salary history of a prospective employee in considering the prospective employee for employment; (iv) refusing to interview, hire, employ, or promote a prospective employee or otherwise retaliating against a prospective employee for not providing wage o
  999. SB538 - Nonpayment of wages; defense of contractor.
       Patron(s): Peake
       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. SB565 - Natural gas, biogas, and other gas sources of energy; definitions, energy conservation.
       Patron(s): Surovell
       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. SB624 - Home health workers providing agency-directed services; employer to provide paid sick leave, clause.
       Patron(s): Favola
       Summary: Paid sick leave; home health workers providing agency-directed services. Requires employers to provide paid sick leave to home health workers who provide agency-directed services. Under current law, employers are only required to provide paid sick leave to home health workers who provide consumer-directed services. The bill provides that "employer" includes the Commonwealth, any of its agencies, institutions, or political subdivisions, and any public body. The provisions of the bill are contingent on funding in a general appropriation act.
  999. SB631 - Fair Labor Standards Act; employer liability, overtime required for certain employees, report.
       Patron(s): Barker
       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. SB646 - Unemployment compensation; disqualification for benefits, etc.
       Patron(s): Cosgrove
       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.
  999. SB655 - Unemployment compensation; electronic submission of information.
       Patron(s): Ebbin
       Summary: Unemployment compensation; electronic submission of information. Requires employers to electronically submit claim-related forms and separation information, as well as other information and electronic tax payments, upon the Virginia Employment Commission's request, unless the employer has received a waiver by the Commission. The bill requires the Commission to develop a plan to conduct a pilot program that would require a sample group of employers that employ 15 or more employees to proactively provide separation information, including the date of and reason for separation, to separated indivi
  999. SB659 - Shared solar programs for electric utilities; pilot program.
       Patron(s): Hanger, Edwards
       Summary: Shared solar programs for electric utilities; Phase I Utility; pilot. Allows for participation in shared solar programs by each investor-owned utility in the Commonwealth. Under the bill, the State Corporation Commission (the Commission) shall approve a shared solar program for each electric utility, including a pilot program for participation by customers of Phase I Utilities. For each Phase I Utility, the bill requires the Commission to approve a cap of at least 50 megawatts with a minimum requirement of 30 percent low-income customers for Phase I Utilities. For an electric utility located e
  999. SB660 - Shared solar programs; evaluation for Phase I Utilities & electric cooperatives.
       Patron(s): Hanger, Edwards
       Summary: Shared solar programs for Phase I Utilities and electric cooperatives; workgroup. Directs the State Corporation Commission to convene a stakeholder workgroup to evaluate shared solar programs for American Electric Power and requires the Commission to report on its findings to the Chairmen of the Senate Commerce and Labor and the House Commerce and Energy Committees by November 30, 2022. Additionally, the bill directs the Virginia, Maryland, and Delaware Association of Electric Cooperatives and the Coalition for Community Solar Access to jointly convene a stakeholder process to evaluate shared
  999. SB681 - Health insurers; duty of in-network providers to submit claims, prohibited practices.
       Patron(s): Obenshain
       Summary: Duty of in-network providers to submit claims to health insurers; Virginia Consumer Protection Act. Provides that a knowing violation of the existing requirement for an in-network provider that provides health care services to a covered patient to submit its claim to the health insurer for the health care services in accordance with the terms of the applicable provider agreement or as permitted under applicable federal or state laws is a prohibited practice under the Virginia Consumer Protection Act.
  999. SB761 - Electric utilities; recovery of costs, rate adjustment clause proceedings, etc.
       Patron(s): Suetterlein
       Summary: Electric utilities; recovery of costs; rate adjustment clause proceedings; construction or acquisition of certain facilities. Provides that in any proceeding regarding petitions for a rate adjustment clause, the State Corporation Commission may, as an alternative to a rate adjustment clause, authorize recovery of any proposed cost through the utility's rates for generation and distribution services, if the Commission, in its discretion, determines that such cost recovery better serves ratepayers while still providing the utility the opportunity to recover its costs and earn a fair rate of retu
  999. SB762 - Electric utilities; retail competition, renewable energy.
       Patron(s): Suetterlein
       Summary: 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
  999. SB769 - Unemployment compensation; program integrity activities, improper claims, report, effective date.
       Patron(s): Reeves
       Summary: Unemployment compensation; program integrity. Requires the Virginia Employment Commission (the Commission) (i) to conduct all mandatory and recommended program integrity activities as identified by the U.S. Department of Labor Employment and Training Administration and the U.S. Department of Labor Office of Inspector General, (ii) perform a full eligibility review of suspicious or potentially improper unemployment claims, and (iii) recover any improper overpayment of benefits to the fullest extent authorized by state and federal law. The bill requires the Department of Social Services, the Dep

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