Virginia Commerce and Labor (S02) Committee Docket — 2022-01-31

Summary

Docket for the Virginia Senate Commerce and Labor (S02) Committee dated 2022-01-31, 2022 Regular Session, listing Richard L. Saslaw (D) as Chair and four staff. Every docket item carries the number 999 and gives a Senate bill, its patron and a summary. The bills cover electric utilities (SB160 on energy efficiency programs and SB304 on energy storage capacity) and health insurance (SB344 on donated human breast milk and SB405 on prosthetic devices). SB595 would establish a Nitrile Glove Manufacturing Training Program funded at up to $4,601,000, and other bills address prevailing wage, workers' compensation, credit unions and public employee union dues.

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TITLE: Virginia Commerce and Labor (S02) Committee Docket — 2022-01-31
DATE: 2022-01-31T00:00:00
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. SB160 - Electric utilities; clarifies definition of energy efficiency programs.
       Patron(s): Hashmi
       Summary: Electric utilities; energy efficiency programs; definition. Provides that energy efficiency programs may 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 on-site combustion of fossil fuels provided that the electrification measures reduce total on-site energy consumption.
  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. SB304 - Electric utilities; energy storage capacity requirements, certain facilities.
       Patron(s): Deeds
       Summary: Electric utilities; energy storage capacity requirements; certain facilities. Provides that if Appalachian Power and Dominion Energy Virginia newly acquire the right to energy storage capacity from energy storage facilities located in the Commonwealth that were in operation on January 1, 2021, such energy storage capacity will, to the extent the utility has not already contracted for access to the newly acquired energy storage facility, count toward the utility's energy storage capacity requirements.
  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. 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. SB344 - Health insurance; coverage for donated human breast milk, effective date.
       Patron(s): Barker
       Summary: Health insurance; coverage for donated human breast milk. Requires health insurers, corporations providing health care coverage subscription contracts, and health maintenance organizations to provide coverage for expenses incurred in the provision of pasteurized donated human breast milk. The requirement applies if the covered person is an infant under the age of six months, the milk is obtained from a human milk bank that meets quality guidelines established by the Department of Health, and a licensed medical practitioner has issued an order for an infant who satisfies certain criteria. The m
  999. SB374 - Project labor agreements; prevailing wage, collective bargaining for employees of local gov'ts, etc.
       Patron(s): Obenshain
       Summary: Project labor agreements; prevailing wage; collective bargaining for employees of local governments. Repeals certain provisions of the Code that (i) require contractors and subcontractors under any public contract with a state agency or certain localities to pay the prevailing wage rate; (ii) authorize any public body, when engaged in procuring products or services or letting contracts for construction, manufacture, maintenance, or operation of public works, to require bidders to enter into or adhere to project labor agreements on the public works projects; and (iii) authorize a locality to re
  999. SB376 - Prescription Drug Affordability Board; established, drug cost affordability review, report.
       Patron(s): Petersen
       Summary: Prescription Drug Affordability Board; established; drug cost affordability review. Establishes the Prescription Drug Affordability Review Board for the purpose of protecting state residents, state and local governments, commercial health plans, health care providers, pharmacies licensed in the Commonwealth, and other stakeholders within the health care system from the high costs of prescription drug products. The bill directs the Governor to appoint members and alternate members of the Board. The Board is required to meet in open session at least four times annually, with certain exceptions a
  999. SB405 - Health insurance; coverage for prosthetic devices and components.
       Patron(s): Barker
       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 HB 925.
  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. SB496 - Financial institutions; qualified education loan servicers, definitions.
       Patron(s): Lewis
       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. SB505 - Electric cooperatives; net energy metering, power purchase agreements, etc.
       Patron(s): Lewis
       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. SB516 - Consumer Data Protection Act; clarifies definition of nonprofit organizations.
       Patron(s): McPike
       Summary: Consumer Data Protection Act; nonprofit organizations. Provides, for the purposes of the Consumer Data Protection Act, that the definition for "nonprofit organization" includes certain nonprofit organizations exempt from taxation under § 501 (c)(4) of the Internal Revenue Code. This bill was incorporated into SB 534.
  999. SB524 - Payment of prevailing wage; certified payroll, penalties.
       Patron(s): Barker
       Summary: Payment of prevailing wage; certified payroll; penalties. Requires employers that are subject to prevailing wage provisions for work done on public contracts to furnish the Commissioner of Labor and Industry within 30 days after issuance of its first payroll, and every 30 days thereafter, a certified payroll that consists of a complete copy of certain records accompanied by a statement signed by the employer that indicates that (i) such records are true and accurate, (ii) the hourly rate paid to each worker is not less than the general prevailing rate of hourly wages required by law; and (iii)
  999. SB525 - Health carriers; licensed athletic trainers.
       Patron(s): Barker
       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 HB 45.
  999. SB562 - Workers' compensation; time period for filing claim, certain cancers.
       Patron(s): Saslaw
       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 HB 1042.
  999. SB595 - Nitrile Glove Manufacturing Training Program; established.
       Patron(s): Pillion
       Summary: Nitrile Glove Manufacturing Training Program; established. Establishes the Nitrile Glove Manufacturing Training Program, a funding program of up to $4,601,000 for the Virginia Economic Development Partnership, through the Virginia Talent Accelerator Program, to support the recruitment and training needs of nitrile glove manufacturing companies located in the Mount Rogers Planning District. The bill also requires companies eligible for such funding to enter into a memorandum of understanding with the Virginia Economic Development Partnership that is subject to performance targets for jobs and c
  999. SB625 - Low-to-Moderate Income Solar Financial Incentives Fund and Program; financial incentives.
       Patron(s): Favola
       Summary: Low-to-Moderate Income Solar Loan and Rebate Fund and Pilot Program; financial incentives. Provides that the purpose of the Low-to-Moderate Income Solar Loan and Rebate Fund and the Low-to-Moderate Income Solar Loan and Rebate Pilot Program is to provide financial incentives, which may include grants, loans, rebates, and other inducements, to electric customers who complete solar installations and energy efficiency projects and renames the Fund and Program to the Low-to-Moderate Income Solar Financial Incentives Fund and Pilot Program to reflect such purpose. Under current law, the Fund and Pr
  999. SB637 - Insurers rehabilitation and liquidation; federal home loan bank rights.
       Patron(s): Deeds
       Summary: Insurers rehabilitation and liquidation; federal home loan bank rights. Expands upon provisions that authorize a court, in instances of insurer rehabilitation and liquidation, to issue a restraining order or injunction to an insurer to prevent the transaction of future business or other business activities. The bill further creates provisions relating to federal home loan bank rights and insurer-members of federal home loan banks related to the transfer of assets, delinquency proceedings, and requirements for federal home loan banks upon appointing a receiver for an insurer-member.
  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. SB677 - Workers' compensation; cost of living supplements.
       Patron(s): Lewis
       Summary: Workers' compensation; cost of living supplements. Provides that cost-of-living supplements shall be payable to claimants who are receiving disability benefits under the Virginia Workers' Compensation Act but are not receiving federal disability benefits.
  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. SB721 - Public employees; labor union dues deduction authorization.
       Patron(s): Obenshain
       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. SB754 - Motor vehicle insurance; uninsured motor vehicle.
       Patron(s): Obenshain
       Summary: Motor vehicle insurance; underinsured motor vehicle. Requires any motor vehicle liability insurance policy issued, delivered, or renewed in the Commonwealth after July 1, 2023, to include a specific statement regarding the insurer requirements to provide underinsured motorist coverage that pays any damages due to an insured in addition to any bodily injury or property damage liability that is applicable to the insured's damages. The bill requires that the endorsement or provisions of a motor vehicle liability policy to provide uninsured motorist insurance coverage also provide underinsured mot

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