Virginia Commerce and Labor (S02) Committee Docket — 2022-02-28

Summary

A Virginia Commerce and Labor Senate committee docket dated 2022-02-28 for the 2022 Regular session, listing Richard L. Saslaw as Chair. The agenda lists bills with summaries, including HB44, which decreases the minimum nonforfeiture amount interest rate for life insurance from one percent to 0.15 percent, and HB78, which requires a conspicuous online option to cancel an automatic renewal. It also lists HB263 on bank virtual currency custody services and HB309 on online prepayment of annual registration fees for limited liability companies.

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TITLE: Virginia Commerce and Labor (S02) Committee Docket — 2022-02-28
DATE: 2022-02-28T00:00:00
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. HB44 - Life insurance; decreases the minimum nonforfeiture amount interest rate.
       Patron(s): Ware
       Summary: Standard nonforfeiture provisions for life insurance; minimum nonforfeiture amounts; interest rates. Decreases the minimum nonforfeiture amount interest rate from one percent to 0.15 percent.
  999. HB62 - Insurance; obsolete provisions and notice.
       Patron(s): Ward
       Summary: Insurance; obsolete provisions and notice. Removes an exception to the regulation of insurance rates by the State Corporation Commission relating to certain automobile bodily injury and property damage liability insurance policies. The bill removes provisions requiring the Commission to mail a copy of certain orders regarding motor vehicle insurance forms to insurers and rate service organizations and instead requires the Commission to provide notice of such orders. Finally, the bill repeals a provision requiring that coverage of airtrip accident policies extend in certain cases to connecting
  999. HB73 - Electric utilities; definitions, aggregate capacity requirements for renewable energy facilities.
       Patron(s): Ware
       Summary: Electric utilities; definitions; public interest; aggregate capacity requirements for renewable energy facilities; cost recovery. Amends certain provisions related to the Air Pollution Control Board's regulation of carbon dioxide emissions. The bill removes certain requirements for energy efficiency pilot programs to be considered in the public interest. The bill removes aggregate capacity requirements for renewable energy generating facilities, including facilities utilizing energy derived from sunlight, onshore wind, and offshore wind. The bill further removes requirements for the State Corp
  999. HB74 - Va. Clean Economy Act; non-bypassable charges, energy-intensive trade-exposed (EITE) industries.
       Patron(s): Ware
       Summary: Virginia Clean Economy Act; non-bypassable charges; energy-intensive trade-exposed (EITE) industries. Defines EITE industries as companies that are constrained in their ability to pass through carbon costs due to international competition, companies that engage in importation of products that cause emission leakage, and critical infrastructure facilities identified by certain federal agencies. The bill directs the State Corporation Commission to establish an EITE customer exemption pilot program for non-bypassable charges in certain provisions of the Virginia Clean Economy Act related to gener
  999. HB78 - Automatic renewal or continuous service offer to consumer; cancellation and online opt-out.
       Patron(s): Davis
       Summary: Automatic renewal or continuous service offer to consumer; cancellation and online opt-out. Requires that suppliers of automatic renewals or continuous service offers through an online website must make available a conspicuous online option to cancel a recurring purchase of a good or service. The bill provides that failure to make available such option to cancel is a prohibited practice under the Virginia Consumer Protection Act.
  999. HB82 - Insurance holding company systems; group capital calculation and liquidity stress test.
       Patron(s): Kilgore
       Summary: Insurance holding company systems; group capital calculation and liquidity stress test . Requires that certain insurers that are members of an insurance holding company system file a group capital calculation in accordance with the National Association of Insurance Commissioners (NAIC) Group Capital Calculation Instructions and a liquidity stress test in accordance with the NAIC Liquidity Stress Test Framework. The bill provides exceptions to such reporting requirements and contains various provisions regarding the confidentiality of information contained in such reports. The bill authorizes t
  999. HB95 - Adult protective services investigations; financial institutions to furnish records and information.
       Patron(s): Head
       Summary: Adult protective services investigations; financial institutions; furnishing of records and information. Requires financial institutions to cooperate in any investigation of alleged adult abuse, neglect, or exploitation conducted by a local department of social services and to make any financial records or information relevant to such investigation available to the local department of social services upon request. Financial institutions may also voluntarily report information relevant to an adult protective services investigation to the local department of social services or to a court-appoint
  999. HB112 - Commercial mobile radio or cellular telephone service providers; Lifeline service.
       Patron(s): Kilgore
       Summary: Commercial mobile radio and cellular telephone service providers; Lifeline service. Grants authority to the State Corporation Commission to designate any commercial mobile radio or cellular telephone service provider as an eligible telecommunications carrier for purposes of providing Lifeline service, in addition to any such provider designated under federal law, without requiring such provider to obtain a certificate otherwise required by the Commission prior to furnishing exchange telephone service in the Commonwealth.
  999. HB118 - Electric utilities; regulation, development of renewable energy facilities.
       Patron(s): Freitas
       Summary: Regulation of electric utilities; development of renewable energy facilities; powers of State Air Pollution Control Board; powers of State Corporation Commission. Repeals provisions (i) requiring the State Air Pollution Control Board to adopt regulations to reduce carbon dioxide emissions from any electricity generating unit in the Commonwealth and authorizing the Board to establish an auction program for energy allowances; (ii) prohibiting the State Corporation Commission from approving any new utility-owned generation facilities that emit carbon dioxide as a by-product of energy generation,
  999. HB146 - Insurance; provider complaints, etc.
       Patron(s): Head
       Summary: Insurance; examinations; provider complaints. Provides that any person may submit a complaint of noncompliance by an insurer with any insurance law, regulation, or order of the State Corporation Commission on behalf of a health care provider. The bill provides that the Commission shall investigate such complaints and notify the complainants of the outcomes, but that the Commission shall not have jurisdiction to adjudicate individual controversies or matters of contractual dispute.
  999. HB263 - Banks; virtual currency custody services.
       Patron(s): Head
       Summary: Banks; virtual currency custody services. Permits banks in the Commonwealth to provide virtual currency custody services so long as the bank has adequate protocols in place to effectively manage the associated risks. The bill defines "virtual currency" and provides that a bank may choose to offer such custody services in a nonfiduciary capacity or a fiduciary capacity. If it chooses to provide such custody services in a fiduciary capacity, it must possess trust powers and have a trust department approved by the State Corporation Commission.
  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. HB309 - Limited liability companies; prepayment of annual registration fees.
       Patron(s): Rasoul
       Summary: Limited liability companies; online prepayment of annual registration fees. Authorizes the State Corporation Commission to establish a process for online prepayment of annual registration fees whereby a domestic or foreign limited liability company may prepay its annual registration fees for two or three years.
  999. HB312 - Virginia Health Benefit Exchange; annual marketing plan.
       Patron(s): Rasoul
       Summary: Virginia Health Benefit Exchange; marketing. Requires the Virginia Health Benefit Exchange to prepare an annual marketing plan that includes consumer outreach, licensed health insurance agents, and navigator programs. As introduced, this bill was a recommendation of the Joint Commission on Health Care. This bill is identical to SB 469.
  999. HB396 - Electric utilities; municipal net energy metering.
       Patron(s): Sullivan
       Summary: Electric utilities; municipal net energy metering. Updates provisions related to American Electric Power's participation in a municipal net energy metering pilot program and creates similar requirements for a municipal net energy metering pilot program for Dominion Energy Virginia, with a duration of the pilot program for Dominion Energy Virginia until July 1, 2028. The bill directs the State Corporation Commission to review the municipal net energy metering pilot program for Dominion Energy Virginia in 2024 and every two years thereafter. The bill clarifies that the aggregated capacity of gen
  999. HB405 - Business park electric transmission infrastructure pilot program; location of qualifying projects.
       Patron(s): Ballard
       Summary: Business park electric transmission infrastructure pilot program; location of qualifying projects. Amends the definition of "business park" by adding that a business park may be established by a locality and by removing the requirement that a business park be located in an area of the Commonwealth designated as an opportunity zone by the U.S. Secretary of the Treasury via his delegation of authority to the Internal Revenue Service. The bill also removes the requirement that the location of a qualifying project for an existing pilot program to promote economic development in the Commonwealth by
  999. HB561 - Corporations and regulated business entities; not set out and obsolete sections of the Code.
       Patron(s): Scott, D.
       Summary: Corporations and regulated business entities; not set out and obsolete sections of the Code of Virginia. Sets out sections in Title 13.1 (Corporations) and Title 56 (Public Service Companies) that are currently carried by reference only. The bill also repeals a section not set out in Title 13.1 (Corporations) that states the legislative intent of the chapter relating to professional corporations and is currently carried by reference only. The bill contains technical amendments. This bill is a recommendation of the Virginia Code Commission.
  999. HB606 - Fire insurance; appraisers and umpires, citizenship requirements.
       Patron(s): Bourne
       Summary: Fire insurance; appraisers and umpires; citizenship requirements. Removes a requirement that appraisers and umpires who make appraisals for loss or damage to property under the provisions of a fire insurance policy are citizens and residents of the Commonwealth.
  999. HB652 - Unemployment compensation; notice of hearing prior to discontinuing benefits, etc.
       Patron(s): Wampler
       Summary: Unemployment compensation; benefit eligibility. Requires the Virginia Employment Commission to conduct an incarceration check and employment identification check prior to awarding benefits to any individual.
  999. HB689 - Workers' compensation; employer duty to furnish medical attention, cost limit.
       Patron(s): Wampler
       Summary: Workers' compensation; employer duty to furnish medical attention; cost limit. Adds scooters to the list of medical equipment an employer is required to furnish to an employee under certain circumstances under the Virginia Workers' Compensation Act. The bill raises the limit on the aggregate cost of items and modifications required to be furnished by an employer to an injured employee from $42,000 to $55,000, to be increased on an annual basis.
  999. HB691 - Business entities; conversion and domestication.
       Patron(s): Keam
       Summary: Business entities; conversion and domestication. Provides that, for the purposes of the Virginia Nonstock Corporation Act, the Virginia Limited Liability Act, and the Virginia Business Trust Act, "entity conversion" has the same meaning as "conversion" as defined in each respective act and that a certificate of entity conversion is the same as a certificate of conversion. Additionally, the bill provides that "incorporation surrender," "organization surrender," and "trust surrender" have the same meaning as "domestication" as defined in each such respective act and that a certificate of incorpo
  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. HB894 - Advanced small modular reactors; Department of Energy to study development in the Commonwealth.
       Patron(s): Kilgore
       Summary: Generation of electricity and energy development in the Commonwealth. Requires the Department of Energy, in cooperation with the Virginia Nuclear Energy Consortium Authority, to convene a stakeholder work group to identify strategies and any needed public policies, including statutory or regulatory changes, for promoting the development of advanced small modular reactors in localities in the Commonwealth. The bill requires the Department of Energy to consider the economic development of rural Virginia while minimizing the impact on prime farmland a key priority in updating its Virginia Energy
  999. HB912 - Continuity of care; Bureau of Insurance to convene work group regarding care.
       Patron(s): Orrock
       Summary: Bureau of Insurance; provider contracts; continuity of care. Directs the Bureau of Insurance of the State Corporation Commission to convene a work group to determine options for ensuring continuity of care covered by insurance for a reasonable amount of time under reasonable conditions during the time that providers and insurance carriers are negotiating provider contracts. The work group shall provide recommendations to the General Assembly by December 1, 2022.
  999. HB932 - Workers' compensation; COVID-19, health care providers.
       Patron(s): Robinson
       Summary: Workers' compensation; COVID-19; health care providers. Extends from December 31, 2021, to December 31, 2022, the date by which COVID-19 causing the death or disability of a health care provider is presumed to be an occupational disease compensable under the Virginia Workers' Compensation Act.
  999. HB1027 - Financial institutions; sales-based financing providers.
       Patron(s): Tran
       Summary: Financial institutions; sales-based financing providers. Requires a provider or broker of sales-based financing to register with the State Corporation Commission (the Commission) in accordance with procedures established by the Commission. The bill requires a sales-based financing provider to provide certain disclosures to a recipient at the time of extending a specific offer of sales-based financing. The bill requires that any cause of action arising under a contract or agreement for sales-based financing shall be brought in Commonwealth and any forum for any face-to-face arbitration proceedi
  999. HB1091 - Virginia Public Procurement Act; project labor agreements.
       Patron(s): Wilt
       Summary: Virginia Public Procurement Act; project labor agreements. Requires every public body, prior to requiring bidders, offerors, contractors, subcontractors, or operators on public works contracts to enter into, become or remain signatories to, or adhere to project labor agreements, to make a written determination that such project labor agreements (i) meet certain criteria that serve to advance the public's interests, (ii) contain certain procedures and guarantees related to resolving disputes and preventing strikes, lockouts, or other related concerted actions, (iii) permit the selection of the
  999. HB1151 - Virginia Motor Vehicle Warranty Enforcement Act; adds autocycles to the vehicles protected by Act.
       Patron(s): Adams, D.M.
       Summary: Virginia Motor Vehicle Warranty Enforcement Act. Adds autocycles to the vehicles protected by the Virginia Motor Vehicle Warranty Enforcement Act, commonly known as the "lemon law." The bill contains technical amendments.
  999. HB1162 - Health insurance; discrimination prohibited against covered entities and contract pharmacies.
       Patron(s): Wachsmann
       Summary: Health insurance; discrimination prohibited against covered entities and contract pharmacies. Prohibits carriers and pharmacy benefits managers from discriminating in the requirements, exclusions, terms, or other conditions imposed on a covered entity or contract pharmacy on the basis that the entity or pharmacy is operating under the 340B Program of the federal Public Health Service Act. Such prohibition does not (i) apply to drugs with an annual estimated per-patient cost exceeding $250,000 or (ii) prohibit the identification of a 340B reimbursement request. The bill also prohibits a carrier
  999. HB1178 - Seizure first aid information; Department of Labor and Industry to disseminate information.
       Patron(s): Avoli
       Summary: Department of Labor and Industry; seizure first aid information. Directs the Department of Labor and Industry to disseminate information regarding seizure first aid, defined in the bill, to all employers and employees in the Commonwealth and requires all employers of 25 or more employees to physically post this information in a prominent location in the workplace. The bill incorporates the "Good Samaritan" provision of the Code of Virginia that shields a person from liability when rendering emergency care in good faith under certain circumstances.
  999. HB1204 - Renewable energy certificates; priority of procurement.
       Patron(s): Kilgore
       Summary: Renewable energy certificates; priority of procurement. Requires American Electric Power and Dominion Energy Virginia, for renewable energy portfolio standard (RPS) program compliance years 2023 and 2024, to prioritize procurement of renewable energy certificates (RECs) from renewable energy standard sources (RPS eligible sources) located in the Commonwealth, provided that such RECs are cost-competitive when compared with out-of-state sources at the time of procurement. Additionally, the bill requires each utility to include in its annual filing for RPS program compliance years 2023 and 2024 a
  999. HB1237 - Financial institutions; definition of trust business.
       Patron(s): Leftwich
       Summary: Definition of trust business. Clarifies the definition of "trust business" to specify that engaging in trust business does not include rendering services as an individual attorney at law or through an entity wholly owned by attorneys at law in the performance of duties as a fiduciary.
  999. HB1326 - Waste coal; removal in public interest.
       Patron(s): Kilgore
       Summary: Electric utilities; removal of waste coal from previously mined sites; Commission on Electric Utility Regulation; sunset. Provides that, in furtherance of the need to address the environmental hazards of abandoned coal mines, the removal of waste coal from previously mined sites in the coalfield region of the Commonwealth is in the public interest. The bill extends the sunset date for the Commission on Electric Utility Regulation from July 1, 2022, to July 1, 2024, and provides that the Commission may review information on the approximate volume and number of waste coal piles present in the co

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