TITLE: Virginia Commerce and Labor (S02) Committee Docket — 2022-01-17 DATE: 2022-01-17T00:00:00 SESSION: 2022 Regular (20221) CHAMBER: Senate SOURCE_API: https://lis.virginia.gov/Calendar/api/GetDocketsByIdAsync?docketID=19086 COMMITTEE_PAGE: https://lis.virginia.gov/committee-details?committeeId=23&sessionCode=20221 COMMITTEE MEMBERS: - Richard L. Saslaw (D) Chair STAFF: Hobie Lehman, Jasmine VanDyke, Marvi Ali, Thomas Stevens DOCKET / AGENDA: [Senate Bill in Committee] 999. SB42 - Health insurance wellness programs; encouraging individuals to receive COVID-19 vaccine. Patron(s): Marsden Summary: Health insurance wellness programs; COVID-19 vaccine. Provides that a wellness program provided by a health carrier is provided at the employer's discretion and may include a program that provides a reward or assesses a surcharge to encourage individuals to receive a vaccine for the prevention of COVID-19. 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. 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. SB173 - Minimum wage; removes certain provisions relating to increasing state wage. Patron(s): Peake 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. SB194 - Insurance; public adjusters, standards of conduct. Patron(s): Mason Summary: Insurance; public adjusters; standards of conduct. Prohibits a public adjuster from engaging in any activity that may reasonably be construed as a conflict of interest, including soliciting or accepting any remuneration of any kind or nature, directly or indirectly, except as set forth in a public adjusting contract with an insured. Additionally, the bill provides that for the purposes of the prohibition on a public adjuster having a financial interest in an insured's claim, "financial interest" includes participation by a public adjuster, directly or indirectly, in the reconstruction, repair, 999. SB219 - Va. Employment Commission; administrative reforms, reporting requirements, electronic submissions. Patron(s): McPike 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. SB242 - Insurance; discrimination based on status as living organ donor prohibited. Patron(s): Hashmi Summary: Insurance; discrimination based on status as living organ donor 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 life insurance, disability insurance, or long-term care insurance plans that are entered 999. SB244 - Organ donors; unpaid leave, civil penalty. Patron(s): Hashmi Summary: Organ donors; unpaid leave; civil penalty. Requires that an employer that employs 15 or more employees provide eligible employees with (i) up to 60 business days of unpaid organ donation leave in any 12-month period to serve as an organ donor and (ii) up to 30 business days of unpaid organ donation leave in any 12-month period to serve as a bone marrow donor. The bill requires the employer to restore the employee's position following the leave, to continue to provide coverage for the employee under any health benefit plan, and to pay the employee any commission earned prior to the leave. The b 999. SB264 - Public employees; collective bargaining. Patron(s): Hashmi Summary: Collective bargaining for public employees. Provides for collective bargaining by public employees. The bill creates the Public Employee Relations Board, which will determine appropriate bargaining units and provide for certification and decertification elections for exclusive bargaining representatives of state employees and local government employees. The measure requires public employers and employee organizations that are exclusive bargaining representatives to meet at reasonable times to negotiate in good faith with respect to wages, hours, and other terms and conditions of employment. Th 999. SB267 - Electric cooperatives; rate adjustment clause, provision of broadband. Patron(s): Bell Summary: Electric cooperatives; rate adjustment clause; broadband. Authorizes an electric cooperative to petition the State Corporation Commission for approval of one or more rate adjustment clauses for the timely and current recovery of costs from customers of one or more projects for the provision of broadband. The bill provides that a cooperative may recover the costs of the broadband projects in a rate adjustment clause, including the construction work in progress and allowance for funds used during construction, planning, and development of associated infrastructure. 999. SB271 - Insurance; discrimination based on status as living organ donor prohibited. Patron(s): Ebbin 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 incor 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. SB303 - Mortgage brokers; dual compensation. Patron(s): Deeds 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. 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. SB311 - Real property; duty to disclose ownership interest and lis pendens. Patron(s): Ebbin Summary: Real property; duty to disclose ownership interest and lis pendens. Provides that a real estate licensee has an affirmative duty, upon having substantive discussions about specific real property, to disclose in writing to the purchaser, seller, lessor, or lessee of the property if he, any member of his family, his firm, any member of his firm, or any entity in which he has an ownership interest has or will have an ownership interest as a party to the transaction and must also disclose in writing that he is a licensee. The bill requires that an owner of a residential dwelling unit who has actua 999. SB321 - Health insurance; definition of autism spectrum disorder. Patron(s): Vogel 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. SB326 - Credit unions; priority of shares. Patron(s): Bell 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 HB 268. 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. SB337 - Accident and sickness insurance; minimum standards. Patron(s): Barker Summary: Accident and sickness insurance; minimum standards. Authorizes the State Corporation Commission to issue rules and regulations related to accident and sickness insurance minimum standards and excepted benefits and provides that the purpose of such rules and regulations is to establish (i) the minimum standards for filing of policy forms for individual and small group health benefit plans, (ii) the minimum standards, terms, and coverages for individual and group accident and sickness policies known as excepted benefits, and (iii) the minimum standards for short-term limited-duration insurance. 999. SB359 - Pharmacy benefits managers; frequency of required report. Patron(s): Stuart Summary: Pharmacy benefits managers; frequency of required report. Changes the frequency of which a carrier or its pharmacy benefits manager is required to report certain information to the Commissioner of Insurance. The bill provides that the report is to be filed quarterly through the period ending December 31, 2022, and is to be filed by March 31 of each year on a calendar year basis thereafter. Under current law, the report is required quarterly indefinitely. 999. SB383 - Credit life insurance and credit accident and sickness insurance; adjustment of rates. Patron(s): McDougle Summary: Credit life insurance and credit accident and sickness insurance; adjustment of rates; requirement for hearing. Removes the requirement that the State Corporation Commission conduct a hearing prior to determining the actual loss ratio for each form of insurance and adjusting the prima facie rates. Under the bill, after the Commission has determined the actual loss ratio and prima facie rates, it will provide notice of such ratio and rates and provide an opportunity for a hearing. 999. SB446 - High-speed broadband service; expanding to new residential and commercial development. Patron(s): Boysko 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