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Subcommittees

Subcommittee #1

Meets on: Tuesday at Immed. upon adj. of full committee in House Committee Room

Members: Lamont Bagby (Chair),  Jeff Bourne,  Elizabeth Guzman,  Kaye Kory,  Mike Mullin,   Margaret Ransone,  Lee Ware,  Tony Wilt

Subcommittee #2

Meets on: Thursday at Immed. upon adj. of full committee in House Committee Room

Members: Steve Heretick (Chair),  Kathy Byron,  Wendy Gooditis,  Christopher Head,  Alfonso Lopez,  Rip Sullivan,  Michael Webert,

Subcommittee #3

Meets on: the call of the Chair in House Committee Room

Members: Rip Sullivan (Chair), Hala Ayala,  Lamont Bagby,  Steve Heretick,  Mark Keam,  Terry Kilgore,  Alfonso Lopez, Danny Marshall,   Israel O’Quinn,  Lee Ware

Bills

Bills reported out 

HB 1754 Employer or other person; retaliatory discharge of employee prohibited. Prohibits an employer or other person from discharging or taking other retaliatory action against an employee if such action is motivated by the knowledge or belief that the employee has filed a claim or taken or intends to take certain actions under the Virginia Workers’ Compensation Act.

HB 1786 Minimum wage; farm laborers or farm employees.

HB 1807 Health maintenance organizations; insolvency.

HB 1818 Workers’ compensation; presumption of compensability for certain diseases. Provides that the occupational disease presumption for death caused by hypertension or heart disease will apply for salaried or volunteer emergency medical services personnel who have at least five years of service and are operating in a locality that has legally adopted a resolution declaring that it will provide one or more of such presumptions.

HB 1822 Health insurance; cost-sharing payments for prescription asthma inhalers.

HB 1829 Health insurance; credentialing health care providers. Provides that provisions requiring health insurers and other carriers to establish reasonable protocols and procedures for reimbursing a health professional for services provided while such professional’s credentialing application is pending also apply to certain health maintenance organizations and to corporations operating dental or optometric plans.

HB 1834 Electric generating facility closures; public disclosure, integrated resource plans. Requires each owner of a large carbon-emitting power plant to provide notice to relevant localities and state agencies about the decision to close the plant within 30 days of making such decision.

HB 1862 Employee protections; medicinal use of cannabis oil.

HB 1877 Legal service plans; seller registration. Provides that a legal services plans seller may offer, advertise, or execute, or cause to be executed by the subscriber, any subscription contract in the Commonwealth if the seller has submitted the seller’s information and fees to the legal services organization for which the seller offers subscription contracts.

HB 1881 Enterprise zone job creation grants; wage requirements. Provides that, for purposes of wage requirements for the enterprise zone job creation grant program, the minimum wage shall be the higher of the state minimum wage or the federal minimum wage.

HB 1884 Income tax, state; voluntary inclusion of personal & contact information on appropriate forms.

HB 1892 Property and casualty insurance form; approval of form by State Corporation Commission. Permits an insurer that receives approval of an insurance policy form or endorsement from the State Corporation Commission to use the form as soon as it is approved rather than waiting 30 days after the filing date to use it as is current law.

HB 1896 Essential health benefits; abortion coverage.

HB 1907 Electric utilities; advanced renewable energy buyers. Provides that certain accelerated renewable energy buyers that are customers of Dominion Energy Virginia.

HB 1914 Electric utilities; triennial review, period costs, rate reductions. Provides that in a triennial review proceeding, certain utility generation and distribution costs that are not proposed for recovery under various cost recovery mechanisms, at the State Corporation Commission’s discretion, may be attributed to the test periods under review and deemed fully recovered or, if the utility has earned below a certain threshold, may be deferred for recovery over future periods.

HB 1923 Electric utilities; expands existing broadband capacity pilot program.

HB 1925 Virginia Brownfield and Coal Mine Renewable Energy Grant Fund and Program; established, report.

HB 1942 Public adjusters; continuing education requirements. Provides for continuing education requirements for public adjusters and that the insurance continuing education board (the Board), appointed by the State Corporation Commission, is responsible for establishing and monitoring standards for such requirements.

HB 1964 State Corporation Commission; supervisory merger or transfer of assets of certain unions. Amends the provisions governing the supervisory merger or transfer of assets of insolvent credit unions to include state credit unions that are financially unstable.

HB 1984 Electric utilities; triennial review proceeding by SCC, fair rates of return. Provides that the State Corporation Commission, in any triennial review proceeding, including the first triennial review proceeding conducted after January 1, 2021, for Dominion Energy Virginia, may use any methodology it finds consistent with the public interest to determine fair rates of return on common equity for the utility’s generation and distribution services.

HB 1985 Workers’ compensation; presumption of compensability for COVID-19. Establishes a presumption that COVID-19 causing the death or disability of health care providers is an occupational disease compensable under the Workers’ Compensation Act.

HB 1994 Small agricultural generators; expands definition.

HB 2003 Consumer Protection Act; prohibited practices, certain advertising related to school quality. Adds as a prohibited practice under the Consumer Protection Act the use in any advertising any information regarding the quality of any public or private elementary or secondary school other than information derived from the school quality indicators contained in the School Quality Profiles.

HB 2008 Health insurance; authorization of drug prescribed for the treatment of a mental disorder.

HB 2015 Essential workers; hazard pay, employer to provide personal protective equipment, civil penalty. Requires, that following the declaration by the Governor of a state of emergency that includes or is followed by any additional executive order in furtherance of such declaration that includes a stay-at-home or shelter-in-place order, employers shall (i) compensate each of their essential workers at a rate not less than one and one-half times the essential worker’s regular rate of pay for any hours worked during the closure order and (ii) provide their essential workers with personal protective equipment related to the state of emergency.

HB 2016 Paid family and medical leave program; Virginia Employment Commission required to establish.

HB 2032 Employees providing domestic service; application of laws applicable to employee safety.

HB 2034 Electric utilities; nonjurisdictional customers, third party power purchase agreements.  Provides that for pilot programs under which an owner or operator of a renewable energy generation facility sells electricity to an eligible customer-generator through a third party power purchase agreement, both jurisdictional and nonjurisdictional customers may participate on a first-come, first-serve basis.

HB 2036 Virginia Employment Commission; communications with parties, use of electronic means, report. Authorizes the Virginia Employment Commission to send notices and other communications related to claims brought under the Virginia Unemployment Compensation Act through email or other electronic means in lieu of mail if a party to the claim so elects.

HB 2037 Unemployment compensation; benefits, suitable work, benefits charges. Provides that, under specific conditions related to the COVID-19 virus, work will not be deemed suitable and benefits will not be denied to any otherwise eligible individual for refusing to accept new work.

HB 2040 Unemployment compensation; failure to respond, continuation of benefits, repayment of overpayments. Provides that an employer shall be deemed to have established a pattern of failing to respond timely or adequately to written requests for information relating to claims if the Virginia Employment Commission determines that the employer has failed to respond timely or adequately to a written request for information relating to a claim on two or more occasions within a 48-month window and requires such employer to pay a penalty upon his second such failure to respond timely or adequately.

HB 2048 Electric utility regulation; purchasing from competitive suppliers. Authorizes individual retail customers of electric energy to purchase electric energy provided 100 percent from renewable energy from any licensed competitive supplier of electric energy, including any incumbent electric utility.

HB 2049 Electric utilities; eliminates customer credit reinvestment offsets.

HB 2062 Food delivery platforms; agreements required, penalty. Prohibits a food delivery platform, as defined in the bill, from submitting orders on behalf of a consumer or arranging for the delivery of an order from a restaurant, as defined in the bill, without first obtaining an agreement with the restaurant expressly authorizing the food delivery platform to take orders and deliver food prepared by the restaurant.

HB 2063 Virginia Overtime Wage Act; overtime compensation employees, definitions, penalties. Requires an employer to compensate its employees who are entitled to overtime compensation under the federal Fair Labor Standards Act at a rate not less than one and one-half times the employee’s regular rate of pay, defined in the bill, for any hours worked in excess of 40 hours in any one workweek.

HB 2103 Certain public & private employers to provide earned paid sick time.

HB 2104 Virginia Highway Corporation Act of 1988; repeals Act.

HB 2121 State Corporation Commission; business entities filings. Aligns provisions governing the filings by nonstock corporations, limited liability companies, business trusts, and partnerships related to cancellations, abandonments, name restrictions and registered agent resignations, and entity conversions to the provisions governing such filings for stock corporations.

HB 2134 Employee classification; provision of personal protective equipment in response to a disaster.

HB 2137 Paid sick leave; employers to provide to certain employees. Requires employers to provide certain employees paid sick leave. An employee is eligible for paid sick leave under the bill if the employee is an essential worker and works on average at least 20 hours per week or 90 hours per month.

HB 2160 Electric utilities; triennial review, fair rate of return, customer bill credits. Provides that the State Corporation Commission may, in any triennial review, establish a range above or below the authorized rate of return such that if the combined rate of return on common equity earned by the generation and distribution services is within that range, such combined return is not to be considered either excessive or insufficient, respectively.

HB 2200 Electric utilities; triennial review. Makes various changes to procedures under which the State Corporation Commission reviews the earnings and sets the rates of investor-owned incumbent electric utilities.

HB 2207 Workers’ compensation; presumption of compensability for COVID-19. Establishes a presumption that COVID-19 causing the death or disability of firefighters, emergency medical services personnel, law-enforcement officers, and correctional officers is an occupational disease compensable under the Workers’ Compensation Act.

HB 2219 Pharmacies; freedom of choice by covered individual. Provides that no insurance carrier, corporation providing preferred provider subscription contracts, or health maintenance organization providing health care plans or its pharmacy benefits manager shall prohibit a covered individual from selecting the pharmacy of his choice to furnish specialty pharmaceutical benefits under the covered individual’s policy.

HB 2228 Workers’ compensation; injuries caused by repetitive and sustained physical stressors.

HB 2250 Humane Cosmetics Act; civil penalties. Provides civil penalties for the manufacturing, importation, selling, etc. of cosmetics that have test their cosmetics on animals.

HB 2269 Solar energy projects and energy storage systems; revenue share for projects and systems. Allows localities to assess a revenue share of up to $1400 per megawatt on energy storage systems.

HB 2282 State Corporation Commission; transportation electrification, utility recovery of certain costs. Directs the State Corporation Commission (Commission) to report on policy proposals to accelerate transportation electrification in the Commonwealth.

HB 2304 Phase I or Phase II electric utilities; petitions to provide broadband capacity. Makes permanent the pilot program under which a Phase I or Phase II electric utility is permitted to petition the State Corporation Commission to provide broadband capacity to unserved areas of the Commonwealth.

HB 2330 Percentage of Income Payment Program and Fund; DHCD & DSS to adopt rules, etc., for adoption. Requires the Department of Social Services (the Department), in consultation with, as it deems necessary, the Department of Housing and Community Development, to adopt rules or establish guidelines for the adoption, implementation, and general administration of the Percentage of Income Payment Program (PIPP) and the Percentage of Income Payment Fund (Fund).

HB 2332 Commonwealth Health Reinsurance Program; established, report.

Bills Passed

HB 1807 Health maintenance organizations; insolvency. Health maintenance organizations; insolvency. Updates provisions of the Code of Virginia related to insolvency procedures for health maintenance organizations (HMOs) that were inconsistent with the method to address insolvencies provided for members of the Virginia Life, Accident and Sickness Insurance Guaranty Association. HMOs became members of the Association following legislation passed during the 2018 Session.

HB 1818 Workers’ compensation; presumption of compensability for certain diseases. Workers’ compensation; presumption of compensability for certain diseases. Provides that the occupational disease presumption for death caused by hypertension or heart disease will apply for salaried or volunteer emergency medical services personnel who have at least five years of service and are operating in a locality that has legally adopted a resolution declaring that it will provide one or more of such presumptions. The provisions of the bill do not apply to any individual who was diagnosed with hypertension or heart disease before July 1, 2021. This bill incorporates HB 2080 and is identical to SB 1275.

HB 1829 Health insurance; credentialing health care providers. Health insurance; credentialing; health care providers. Provides that provisions requiring health insurers and other carriers to establish reasonable protocols and procedures for reimbursing a health professional for services provided while such professional’s credentialing application is pending also apply to certain health maintenance organizations and to corporations operating dental or optometric plans.

HB 1832 Virginia Highway Corporation Act; alteration of certificate of authority, powers and duties of SCC. Virginia Highway Corporation Act; alteration of certificate of authority; powers and duties of the State Corporation Commission. Requires any application for a transfer, extension, or amendment of a certificate of authority issued under the Virginia Highway Corporation Act to include information demonstrating the financial fitness of the entity applying to operate the roadway. The bill requires an applicant for a toll increase to provide a forward-looking analysis return that will be reviewed by the Department of Transportation that demonstrates that the proposed rates will be reasonable to the user in relation to the benefit obtained, not likely to materially discourage use of the roadway, and provide the operator no more than a reasonable return. The bill also prohibits the State Corporation Commission from authorizing a toll increase if these criteria are not met or if the proposed increase is for more than one year. The bill requires an operator to receive approval from the Commission prior to refinancing any existing debt. This bill is identical to SB 1259.

HB 1834 Electric generating facility closures; public disclosure, integrated resource plans. Electric utilities; closure of carbon-emitting generating units. Requires each owner of a large carbon-emitting power plant to provide notice to relevant localities and state agencies about the decision to close the plant within 30 days of making such decision The bill requires localities in which such facilities are located, and planning district commissions in such localities, to conduct public hearings regarding the impending closure within six months of receipt of such notice. The bill requires the Division of Energy to maintain a public website listing the facilities subject to the requirements of the bill and their anticipated closure dates. As part of an integrated resource plan, the bill requires each utility to submit a facility retirement study for its carbon-emitting facilities and disclose the study to relevant localities and state agencies. This bill is identical to SB 1247.

HB 1877 Legal service plans; seller registration. Legal service plans; seller registration. Provides that a legal services plans seller may offer, advertise, or execute, or cause to be executed by the subscriber, any subscription contract in the Commonwealth if the seller has submitted the seller’s information and fees to the legal services organization for which the seller offers subscription contracts. The bill requires the legal services organization to submit the information and fees to the Commissioner of the Department of Agriculture and Consumer Services within 30 days of receiving such information and fees.

HB 1881 Enterprise zone job creation grants; wage requirements. Enterprise zone job creation grants. Provides that, for purposes of wage requirements for the enterprise zone job creation grant program, the minimum wage shall be the higher of the state minimum wage or the federal minimum wage. The bill also reduces the percentage of the minimum wage that grant eligible jobs must meet. The bill has a delayed effective date of January 1, 2022.

HB 1884 Income tax, state; voluntary inclusion of personal & contact information on appropriate forms. Facilitated enrollment program. Directs the Department of Taxation to include space on the appropriate individual income tax forms for voluntary inclusion of personal and contact information. Such information may be shared with the Department of Medical Assistance Services, the Department of Social Services, or the Virginia Health Benefit Exchange, as applicable, for use in determining eligibility for certain programs. Beginning with tax year 2022, the Department of Taxation shall also include a checkoff box for taxpayers to indicate their consent to the sharing of tax information with the Department of Medical Assistance Services and the Department of Social Services. Beginning with tax year 2023, there shall also be included a checkoff box for taxpayers to indicate their consent to the sharing of tax information with the Virginia Health Benefit Exchange. The bill contains provisions allowing disclosure of such information in accordance with the act. The bill also directs the Virginia Health Benefit Exchange to, in consultation with other government agencies and stakeholders, identify systems, policies, and practices to facilitate eligibility determinations and enrollment.

HB 1892 Property and casualty insurance form; approval of form by State Corporation Commission. Property and casualty insurance form approval. Permits an insurer that receives approval of an insurance policy form or endorsement from the State Corporation Commission to use the form as soon as it is approved rather than waiting 30 days after the filing date to use it as is current law.

HB 1896 Essential health benefits; abortion coverage. Essential health benefits; abortion coverage. Removes the prohibition on the provision of coverage for abortions in any qualified health insurance plan that is sold or offered for sale through a health benefits exchange established or operating in Virginia. This bill is identical to SB 1276.

HB 1907 Advanced renewable Electric utilities; energy buyers. Electric utilities; advanced renewable energy buyers. Provides that certain accelerated renewable energy buyers that are customers of Dominion Energy Virginia and had subscribed to, as of March 1, 2020, a voluntary companion experimental tariff offering for the purchase of renewable attributes from renewable energy facilities that requires a renewable facilities agreement and the purchase of a minimum of 2,000 renewable attributes annually is exempt from the allocation of the net costs related to procurement of new solar or onshore wind generation capacity, energy, or environmental attributes, or energy storage facilities, by Dominion Energy Virginia. The exemption is based on the amount of Renewable Energy Certificates associated with the customer’s renewable facilities agreements associated with the tariff offering in proportion to the customer’s total electric energy consumption, on an annual basis.

HB 1923 Broadband capacity; expands existing pilot program, municipal broadband authorities. Electric utilities; broadband capacity pilot program. Expands an existing pilot program under which Dominion Energy and Appalachian Power are authorized to provide or make available broadband capacity to Internet service providers in areas of the Commonwealth that are unserved by broadband to include municipal Internet service providers. The current program is restricted to nongovernmental Internet service providers. This bill is identical to SB 1334.

HB 1925 Virginia Brownfield and Coal Mine Renewable Energy Grant Fund and Program; established, report. Virginia Brownfield and Coal Mine Renewable Energy Grant Fund and Program; handbook. Establishes the Virginia Brownfield and Coal Mine Renewable Energy Grant Fund and Program (the Fund and Program). The bill provides that no allocation of funds shall be made to the Fund or Program unless federal funds are available to cover the cost of such allocation. The Fund and Program shall be administered by the Department of Mines, Minerals and Energy for the purpose of awarding grants to renewable energy projects that are located on brownfields or previously coal mined lands, both defined in the bill. Grants are to be awarded on a basis of $500 per kilowatt of nameplate capacity from renewable energy sources that are located on previously coal mined lands and $100 per kilowatt of nameplate capacity from renewable energy sources that are located on brownfields. No more than $10 million shall be awarded to any previously coal mined lands project and no more than $5 million to any single brownfield project. No more than $35 million shall be allocated per year by the grant program. Of the $35 million, $20 million shall be reserved for previously coal mined lands projects. If less than $20 million is distributed to such projects, the remaining funds may be reallocated to brownfield projects. The bill also provides that the Department shall, in consultation with stakeholders, develop a handbook for renewable energy and energy storage development on brownfields and previously coal mined lands. Finally, the bill requires the Department to submit an annual report regarding administration of the Fund and Program to the General Assembly. However, the annual report shall not be required if the Fund and Program are not funded.

HB 1942 Public adjusters; continuing education requirements. Public adjusters; continuing education. Provides for continuing education requirements for public adjusters and that the insurance continuing education board (the Board), appointed by the State Corporation Commission, is responsible for establishing and monitoring standards for such requirements. Currently, the Commission is given such responsibility and the Board is responsible for the continuing education requirements for other insurance agents and agencies. The bill maintains the current requirement that a public adjuster complete a minimum of 24 hours of approved credits, including three hours of ethics, on a biennial basis.

HB 1964 State Corporation Commission; supervisory merger or transfer of assets of certain unions. State Corporation Commission; supervisory merger or transfer of assets of financially unstable credit union. Amends the provisions governing the supervisory merger or transfer of assets of insolvent credit unions to include state credit unions that are financially unstable. The measure removes the requirement that the Commission find that an emergency exists to expedite mergers or sales of assets between credit unions.

HB 1965 State Air Pollution Control Board; low-emissions and zero-emissions vehicle program. State Air Pollution Control Board; low-emissions and zero-emissions vehicle program. Directs the State Air Pollution Control Board to implement a low-emissions and zero-emissions vehicle program for motor vehicles with a model year of 2025 and later. Regulations adopted by the Board to implement the program are exempt from the Administrative Process Act and shall not become effective prior to January 1, 2024. The bill requires that the regulations adopted by the Board will allow any motor vehicle manufacturer to establish a Virginia-specific zero-emission vehicle credit account and to make a initial deposit into its account. Such credits may be traded or sold or used to meet up to 18 percent of the manufacturer’s zero-emissions vehicle program credit requirements in any model year. The bill also authorizes the State Corporation Commission to exclude sales related to such vehicles from certain energy efficiency calculations.

HB 1985 Workers’ compensation; presumption of compensability for COVID-19. Workers’ compensation; presumption of compensability for COVID-19. Establishes a presumption that COVID-19 causing the death or disability of health care providers is an occupational disease compensable under the Workers’ Compensation Act. The bill provides that the COVID-19 virus is established by a positive diagnostic test for COVID-19, an incubation period consistent with COVID-19, and signs and symptoms of COVID-19 that require medical treatment. The bill provides that such presumption applies to any death or disability occurring on or after March 12, 2020, caused by infection from the COVID-19 virus, provided that for any such death or disability that occurred on or after March 12, 2020, and prior to December 31, 2021, the claimant received a positive diagnosis of COVID-19 from a licensed physician, after either a presumptive positive test or a laboratory-confirmed test for COVID-19, and presented with signs and symptoms of COVID-19 that required medical treatment. The bill provides that such presumptions do not apply to any person offered by his employer a vaccine for the prevention of COVID-19 unless the person’s physician determines in writing that immunization would pose a significant risk to the person’s health.

HB 1994 Small agricultural generators; expands definition. Small agricultural generators; definition. Expands the definition of “small agricultural generator” to include any business operating a small agricultural generating facility that has been granted a manufacturer license as a distillery, limited distillery, brewery, limited brewery, winery, or farm winery. Under current law, small agricultural generators include only those businesses operating a small agricultural generating facility as part of an agricultural business. The bill requires the State Corporation Commission to initiate a rulemaking, after August 1, 2021, but prior to January 1, 2022, to promulgate regulations to implement the provisions of the bill. This bill incorporates HB 2215.

HB 2008 Health insurance; authorization of drug prescribed for the treatment of a mental disorder. Health insurance; authorization of drug prescribed for the treatment of a mental disorder. Requires that any provider contract between a carrier and a participating health care provider with prescriptive authority, or its contracting agent, contain provisions that require, when a carrier has previously approved prior authorization for any drug prescribed for the treatment of a mental disorder listed in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association, no additional prior authorization can be required if (i) the drug is a covered benefit; (ii) the prescription does not exceed the U.S. Food and Drug Administration-labeled dosages; (iii) the prescription has been continuously issued for no fewer than three months; and (iv) the prescriber performs an annual review of the patient to evaluate the drug’s continued efficacy, changes in the patient’s health status, and potential contraindications. The bill provides that this requirement does not prohibit a carrier from requiring prior authorization for any drug that is not listed on its prescription drug formulary at the time the initial prescription is issued. The bill also requires that such provider contracts contain provisions requiring a carrier to honor a prior authorization issued by the carrier for a drug regardless if the drug is removed from the carrier’s prescription drug formulary after the initial prescription for that drug is issued. Under the bill, provisions related to provider contracts and prior authorization shall apply to the state insurance health plan. This bill is identical to SB 1269.

HB 2032 Employees providing domestic service; application of laws applicable to employee safety. Employment; domestic service. Provides that individuals who are engaged in providing domestic service are not excluded from employee protection laws and the Virginia Workers’ Compensation Act.

HB 2034 Electric utilities; nonjurisdictional customers, third party power purchase agreements. Electric utilities; nonjurisdictional customers; third party power purchase agreements. Provides that for pilot programs under which an owner or operator of a renewable energy generation facility sells electricity to an eligible customer-generator through a third party power purchase agreement, both jurisdictional and nonjurisdictional customers may participate on a first-come, first-serve basis. This bill is identical to SB 1420.

HB 2036 Virginia Employment Commission; communications with parties, use of electronic means, report. Virginia Employment Commission; communications with parties; report. Authorizes the Virginia Employment Commission to send notices and other communications related to claims brought under the Virginia Unemployment Compensation Act through email or other electronic means in lieu of mail if a party to the claim so elects. The bill requires the Commission, if an electronic communication fails to be transmitted successfully, to send a new notice by first-class mail to the party’s alternative address on record. The bill directs the Commission to report the number of unemployment insurance claimants who elect to receive communications electronically, and the effect of this change on Commission operations, by December 31, 2022.

HB 2040 Unemployment compensation; continuation of benefits, repayment of overpayments. Unemployment compensation; failure to respond; continuation of benefits; repayment of overpayments. Provides that an employer shall be deemed to have established a pattern of failing to respond timely or adequately to written requests for information relating to claims if the Virginia Employment Commission determines that the employer has failed to respond timely or adequately to a written request for information relating to a claim on two or more occasions within a 48-month window and requires such employer to pay a penalty upon his second such failure to respond timely or adequately. Under current law, such pattern is established after four failures, and the penalty is assessed after the third failure. The bill provides that if an employer fails to respond timely or adequately to a written request by the Commission for information relating to a claim, the employer forfeits any appeal rights to that claim. The bill provides that when a claimant has had a determination of initial eligibility for benefits, as determined by the issuance of compensation or waiting-week credit, payments shall continue, subject to a presumption of continued eligibility, until a determination is made that provides the claimant notice and an opportunity to be heard. The bill provides that the Commission shall waive the obligation to repay any overpayment if (i) the overpayment was made without fault on the part of the individual and (ii) requiring repayment would be contrary to equity and good conscience. The Commission shall have authority to negotiate the terms of repayment for any overpayment where repayment is not forgiven. Overpayments shall not be considered “without fault” if the overpayment was the result of (i) a reversal in the appeals process, unless the employer failed to respond or timely respond or (ii) a programming, technological, or automated system error that results in erroneous payments to a group of individuals. The bill also provides that the Commission shall notify each person with an unpaid overpayment of benefits that they may be entitled to a waiver of repayment and provide 30 days to request such a waiver. The bill applies to overpayments established for the week commencing March 15, 2020 through the week commencing June 26, 2021 and only to those overpayments that have not been fully or partially repaid. Finally, the bill allows the Commission to suspend or forego referring any overpayment to the collections process until June 30, 2022.

HB 2062 Food delivery platforms; agreements required, penalty. Food delivery platforms; agreements required; penalty. Prohibits a food delivery platform, as defined in the bill, from submitting orders on behalf of a consumer or arranging for the delivery of an order from a restaurant, as defined in the bill, without first obtaining an agreement with the restaurant expressly authorizing the food delivery platform to take orders and deliver food prepared by the restaurant. The bill provides that a violation of such agreement requirement is a prohibited practice under the Virginia Consumer Protection Act.

HB 2063 Virginia Overtime Wage Act; overtime compensation employees, definitions, penalties. Virginia Overtime Wage Act; penalties. Requires an employer to compensate its employees who are entitled to overtime compensation under the federal Fair Labor Standards Act at a rate not less than one and one-half times the employee’s regular rate of pay, defined in the bill, for any hours worked in excess of 40 hours in any one workweek. The bill includes provisions for calculating overtime premiums due to fire protection and law-enforcement employees by certain public sector employers. The penalties provided by the bill for an employer’s failure to pay such overtime wages, including civil and criminal penalties, are the same as currently provided for failing to pay wages generally. The statute of limitations for bringing a claim for a violation of the bill is three years.

HB 2121 State Corporation Commission; business entities filings. State Corporation Commission; business entities filings; Virginia Stock Corporation Act. Aligns provisions governing the filings by nonstock corporations, limited liability companies, business trusts, and partnerships related to cancellations, abandonments, name restrictions and registered agent resignations, and entity conversions to the provisions governing such filings for stock corporations. The Virginia Stock Corporation Act was comprehensively updated during the 2019 Session of the General Assembly. The bill includes adjustments to the assessment of annual fees after certain entity conversions or domestications. The bill also provides that certain legacy terms will be construed to mean their updated counterparts during a two-year transition. The bill amends various provisions of the Virginia Stock Corporation Act (the Act). The bill provides that for any notice to shareholders required by the Act, such notice is not required for a shareholder for whom notice of two consecutive annual meetings and all notices of meetings in between, or all distributions in a 12-month period or two consecutive distributions in a period of more than 12 months, have been sent and have been returned undeliverable or could not be delivered. The bill authorizes a board of directors to adopt certain emergency bylaws and exercise its emergency powers when there is a catastrophic event, including an attack on the United States or in any locality in which the corporation conducts its business or customarily holds meetings of the board of directors or shareholders, an epidemic or pandemic, or a declaration of a national emergency by the United States government or an emergency by the government of the locality in which the corporation’s principal office is located, that affects the corporation and regardless of whether a quorum of the board of directors or a committee can be readily convened for action. The bill provides that during such an emergency, a board of directors is authorized to take any action it deems practicable and necessary to address the circumstances of the emergency, including (i) postponing any meeting; (ii) for certain corporations, notifying shareholders of any such postponement by filing with the U.S. Securities and Exchange Commission; and (iii) for a distribution that has been declared by the record date that has not occurred, canceling distribution or changing the amount of distributions, or changing the record date or the payment date of such distributions. The bill provides that if the articles of incorporation provide that a board of directors may by adoption of an amendment to the articles of incorporation classify or reclassify unissued shares, the articles of incorporation are deemed to authorize the board of directors to amend the articles unless the articles expressly state that shareholder action is required. The bill provides that the shareholder’s list required for inspection by any shareholder may be made available on a reasonably accessible electronic network, provided that the information to gain access to such list is provided with the notice of the shareholders’ meeting. The bill also amends provisions regarding when shareholder approval is not required for a plan of merger or share exchange.

HB 2134 Employee classification; provision of personal protective equipment in response to a disaster. Employee classification: disaster; personal protective equipment. Prohibits the consideration, in any determination regarding whether an individual is an employee or independent contractor, for the purposes of a civil action for employment misclassification, unemployment compensation, and workers’ compensation, of the provision of personal protective equipment by a hiring party to the individual in response to a disaster caused by a communicable disease of public health threat for which a state of emergency has been declared.

HB 2137 Paid sick leave; employers to provide to certain employees. Paid sick leave. Requires employers to provide certain employees paid sick leave. An employee is eligible for paid sick leave under the bill if the employee is an essential worker and works on average at least 20 hours per week or 90 hours per month. The bill provides for an employee to earn at least one hour of paid sick leave benefit for every 30 hours worked. An employee shall not use more than 40 hours of earned paid sick leave in a year, unless the employer selects a higher limit. The bill provides that earned paid sick leave may be used for (i) an employee’s mental or physical illness, injury, or health condition; an employee’s need for medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; or an employee’s need for preventive medical care or (ii) care of a family member with a mental or physical illness, injury, or health condition; care of a family member who needs medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; or care of a family member who needs preventive medical care. The bill prohibits employers from taking certain retaliatory actions against employees related to leave. The bill provides for a hardship waiver for employers that demonstrate that providing paid sick leave threatens the financial viability of the employer, jeopardizes the ability of the employer to sustain operations, significantly degrades the quality of the employer’s business operations, or creates a significant negative financial impact on the employer. The bill requires the Commissioner of Labor and Industry to promulgate regulations that (a) identify workers as essential based on the categories listed in the bill; (b) include reasonable requirements for recordkeeping, confidentiality, and notifying employees of their rights under provisions of the bill; (c) establish complaint, investigation, and enforcement procedures that include fines, not to exceed $500, for violations of provisions of the bill; (d) establish requirements for compensation and accrual of paid sick leave for employees employed and compensated on a fee-for-service basis; and (e) include procedures and requirements for an employer to qualify for a hardship waiver. The provisions of the bill do not apply to a retail business with fewer than 25 employees.

HB 2207 Workers’ compensation; presumption of compensability for COVID-19. Workers’ compensation; presumption of compensability for COVID-19. Establishes a presumption that COVID-19 causing the death or disability of firefighters, emergency medical services personnel, law-enforcement officers, correctional officers, and regional jail officers is an occupational disease compensable under the Workers’ Compensation Act. The bill provides that such presumption applies to any death or disability occurring on or after September 1, 2020, caused by infection from the COVID-19 virus, provided that for any such death or disability that occurred on or after September 1, 2020, and prior to December 31, 2021, the claimant received a diagnosis of COVID-19 from a licensed physician, after either a presumptive positive test or a laboratory confirmed test for COVID-19, and presented with signs and symptoms of COVID-19 that required medical treatment. This bill is identical to SB 1375.

HB 2219 Pharmacies; freedom of choice by covered individual. Pharmacies; freedom of choice. Provides that no insurance carrier, corporation providing preferred provider subscription contracts, or health maintenance organization providing health care plans or its pharmacy benefits manager shall prohibit a covered individual from selecting the pharmacy of his choice to furnish specialty pharmaceutical benefits under the covered individual’s policy. The bill provides that no pharmacy that meets the terms and conditions of participation shall be precluded from obtaining a direct service agreement or participating provider agreement and that any request for such agreement by a pharmacy shall be acted upon by a carrier, corporation, or organization or its pharmacy benefits manager within 60 days of receiving the request.

HB 2250 Humane Cosmetics Act; civil penalties. Humane Cosmetics Act; civil penalties. Prohibits a cosmetics manufacturer from: (i) conducting or contracting for cosmetic animal testing that occurs in the Commonwealth on or after January 1, 2022; (ii) manufacturing or importing for profit into the Commonwealth any cosmetic or ingredient thereof, if the cosmetics manufacturer knew or reasonably should have known that the cosmetic or any component thereof was developed or manufactured using cosmetic animal testing that was conducted on or after January 1, 2022; or (iii) beginning July 1, 2022, selling or offering for sale within the Commonwealth any cosmetic, if the cosmetics manufacturer knows or reasonably should know that the cosmetic or any component thereof was developed or manufactured using cosmetic animal testing that was conducted on or after January 1, 2022. Violations are subject to a civil penalty of up to $5,000 and an additional $1,000 for each day the violation continues. The bill preempts any local regulation on cosmetic animal testing. This bill is identical to SB 1379.

HB 2257 Hampton Roads Sanitation District; changes to the enabling act. Hampton Roads Sanitation District. Makes numerous changes to the enabling act for the Hampton Roads Sanitation District related to the addition of Northampton and Accomack Counties to the district, including realignment of the residency requirements for Commissioners. Other changes include (i) defining the term “associated water system” and inserting it as appropriate throughout the bill; (ii) amending certain eminent domain powers related to procurement of lands contiguous to the site of an existing sewage disposal system for construction and operation of an expanded sewage disposal system to meet new regulatory requirements, including nutrient removal technology; (iii) altering authority related to rates; and (iv) making various technical and clarifying updates.

HB 2269 Solar energy projects and energy storage systems; revenue share for projects and systems. Revenue share for solar energy projects and energy storage systems. Allows localities to assess a revenue share of up to $1,400 per megawatt on energy storage systems. The bill provides that on July 1, 2026, and every five years thereafter, the maximum amount of the revenue share that a locality may impose on certain solar energy projects and energy storage systems shall be increased by 10 percent. No increase may be made to any revenue share imposed by a locality on a solar energy project or energy storage systems for which an application has been filed with the locality and such application has been approved prior to January 1, 2021.

HB 2282 State Corporation Commission; transportation electrification, utility recovery of certain costs. State Corporation Commission; transportation electrification; utility recovery of certain costs; report. Directs the State Corporation Commission (the Commission) to report on policy proposals to accelerate transportation electrification in the Commonwealth. The bill requires the Commission to submit, no later than May 1, 2022, a report to the General Assembly recommending policy proposals that could govern public electric utility programs to accelerate widespread transportation electrification in the Commonwealth. The bill requires the Commission to utilize a public process, facilitated by a third party with expertise in transportation electrification, in which the Commission, the Department of Environmental Quality, the Department of Mines, Minerals and Energy, the Department of Transportation, and appropriate stakeholders participate. The bill requires that the Commission, in developing its policy recommendations, evaluate (i) areas where utility or other public investment may best complement private efforts to effectively deploy charging infrastructure, with particular focus on low-income, minority, and rural communities; (ii) how smart growth policies can complement and enhance the Commonwealth’s transportation electrification goals; (iii) how utility programs, investments, or incentives to customers or third parties to facilitate the deployment of charging infrastructure and related upgrades can support or enhance (a) statewide transportation electrification, including electrification of public transit; (b) the electrification of medium-duty and heavy-duty vehicles, school buses, vehicles at ports and airports, personal vehicles, and vehicle fleets; (c) increased access to electric transportation and improved air quality in low-income and medium-income communities; (d) achievement of existing energy storage targets; (e) improvements to the distribution grid or to specific sites necessary to accommodate charging infrastructure; and (f) customer education and outreach programs that increase awareness of such programs and the benefits of transportation electrification. The bill requires that the report also address whether and how transportation electrification can, under current law, (1) reduce total ratepayer rates and costs; (2) assist in grid management and more efficient use of the grid, in a manner that does not increase peak demand, through time-of-use rates, managed charging programs, vehicle-to-grid programs, or other alternative rate designs; (3) utilize increased generation from renewable energy resources; and (4) reduce fueling costs for vehicles. The bill requires that, to the extent that the Commission and stakeholders conclude that transportation electrification cannot currently deliver these benefits, the report include public policy recommendations. Additionally, the bill requires, beginning July 1, 2021, that any approved costs of any investor-owned electric utility associated with investment in transportation electrification be recovered only through the utility’s rates for generation and distribution, prohibits recovery of such costs through a rate adjustment clause, and provides that such costs are not eligible for a customer credit reinvestment offset.

HB 2304 Phase I or Phase II electric utilities; provision of broadband capacity. Provision of broadband capacity by Phase I or Phase II electric utilities. Makes permanent the pilot program under which a Phase I or Phase II electric utility is permitted to petition the State Corporation Commission to provide broadband capacity to unserved areas of the Commonwealth. The bill expands the program to allow for the participation of municipalities and government-owned broadband authorities. The bill provides that investor-owned electric utilities may recover costs of and revenue generated from providing broadband capacity that serves as an electric grid transformation project in areas unserved by broadband, as defined in the bill. The bill also consolidates the State Corporation Commission petition approval process into one hearing. This bill is identical to SB 1413.

HB 2332 Commonwealth Health Reinsurance Program; established, report. Commonwealth Health Reinsurance Program. Requires the State Corporation Commission (Commission)  to establish, upon approval of a state innovation waiver request pursuant to § 1332 of the Affordable Care Act, a reinsurance program, known as the Commonwealth Health Reinsurance Program (the Program).  The bill provides that the Program is funded through federal funding provided under the state innovation waiver, an assessment on carriers, and state appropriations. The bill requires that the Commission impose an annual assessment of one percent of a carrier’s net written premiums on entities authorized to issue individual and group health insurance overage including grandfathered plans but excluding plans offered in the small group market. The bill provides requirements for payment parameters, data submissions, recordkeeping, reporting, and audits of health carriers. The bill requires the Secretary of Health and Human Resources to convene a work group to develop recommendations for developing a state-based subsidy program to increase affordability of health plans to individuals and to increase enrollment in the Virginia Health Benefit Exchange. The bill requires the Commission to evaluate the program following its second year of operation.The provisions of the bill, other than the requirements that the Commission apply for the state innovation waiver, will become effective 30 days after notice of approval of the waiver request.

Commissions & Boards

Commission on Unemployment Compensation

Source: Webpage

The Commission is to:

• Evaluate the impact of existing statutes and proposed legislation on unemployment compensation and the Unemployment Trust Fund;
• Assess the Commonwealth’s unemployment compensation program and examine ways to enhance effectiveness;
• Monitor the current status and long-term projections for the Unemployment Trust Fund; and
• Report annually its findings and recommendations for the General Assembly and the Governor.

Virginia Disability Commission

Source: Webpage

The purpose of the Commission is to identify and recommend legislative priorities and policies for adoption or examination by the General Assembly in order to provide ongoing support in developing and reviewing services and funding related to Virginians with physical and sensory disabilities.

Appalachian Region Interstate Compact Commission

Source: Webpage

To study, develop, and promote a plan for the design, construction, financing, and operation of interstate facilities of strategic interest to the signatory states; 2. To coordinate efforts to establish a common legal framework in all the signatory states to authorize and facilitate design, construction, financing, and operation of such facilities either as publicly operated facilities or through other structures authorized by law; 3. To advocate for federal and other public and private funding to support the establishment of interstate facilities of interest to all signatory states; 4. To make available to such interstate facilities funding and resources that are or may be appropriated and allocated for that purpose; and 5. To do all things necessary or convenient to facilitate and coordinate the economic and workforce development plans and programs of the Commonwealth of Virginia, and the other signatory states, to the extent such plans and programs are not inconsistent with federal law and the laws of the Commonwealth of Virginia or other signatory states.

Broadband Advisory Council

Source: Webpage

The purpose of the Council shall be to advise the Governor on policy and funding priorities to expedite deployment and reduce the cost of broadband access in the Commonwealth

Committee on Business Development and Marketing

Source: Webpage

The Committee shall advise the Board on all matters relating to business development and marketing and shall make such recommendations as it may deem desirable.

Virginia Commission on Coal and Energy

Source: Webpage

To study all aspects of coal as an energy resource and endeavor to stimulate, encourage, promote, and assist in the development of renewable and alternative energy resources other than petroleum.

Virginia Economic Development Partnership Authority

Source: Website

To encourage, stimulate and support the development and expansion of the economy of the Commonwealth through economic development.

Joint Advisory Board of Economists

Source: Webpage

To review with respect to economic assumptions and technical econometric methodology, the estimates of anticipated general, transportation, and other nongeneral fund revenues as submitted each year by the Governor

Commission on Electric Utility Regulation

Source: Webpage

The purpose of the Commission is to monitor the State Corporation Commission’s implementation of the Virginia Electric Utility Regulation Act (§ 56-576 et seq.)

Commission on Employee Retirement Security and Pension Reform

Source: Webpage

Creates the Commission on Employee Retirement Security and Pension Reform (the Commission) in the legislative branch to study and make recommendations relating to the financial soundness of retirement plans covering state and local government employees; the suitability of retirement plans offered or maintained for current state and local government employees and the attributes of retirement plans that will be suitable for future employees; the impact on state and local governments of the anticipated retirement of experienced employees between 2016 and 2026 and strategies for replacing such employees; and the elements of compensation and benefits packages that are essential to attracting and retaining a highly productive state and local government workforce.

Employment Service Organization Steering Committee

Source: Webpage

The Employment Service Organization Steering Committee (the Committee) is established as an advisory board, within the meaning of § 2.2-2100, in the executive branch of state government. The purpose of the Committee shall be to report to and advise the Commissioner on policy, funding, and the allocation of funds to employment services organizations for Long-Term Employment Support Services and Extended Employment Services pursuant to § 51.5-169.1.

Virginia Growth and Opportunity Board

Source: Website

The GO Board is responsible for:

• Promoting collaborative regional economic and workforce development opportunities;
• Certifying the GO Virginia Regions and Regional Councils;
• Distributing Virginia Growth and Opportunity Fund monies;
• Reviewing applications for monies from the Virginia Growth and Opportunity Fund and rewarding those funds to qualifying projects;
• Collecting and disseminating information regarding local, state, and national best practices related to collaborative regional economic and workforce development activities;
• Organizing advisory committees around industry clusters and other areas of opportunity to inform the work of the regions; and
• Advising and reporting to the Governor and General Assembly

Committee on International Trade

Source: Webpage

The Committee shall advise the Board on all matters relating to international trade and trade promotion and shall make such recommendations as it may deem desirable.

Manufacturing Development Commission

Source: Webpage

To assess needs and formulate legislative and regulatory remedies to ensure the future of the manufacturing sector.
Expiration Date: If the Commission is not funded by a separate appropriation in the Appropriation Act for any year, this chapter shall expire on July 1 of the fiscal year that the Commission fails to receive such funding.

Public Private Partnership Advisory Commission

Source: Webpage

The purpose of the Commission shall be to advise responsible public entities that are agencies or institutions of the Commonwealth on proposals received pursuant to the Public-Private Education Facilities and Infrastructure Act of 2002 (§ 56-575.1 et seq.).

Public Private Partnership Oversight Committee

Source: Webpage

Review and approve the terms of contracts under § 58.1-202.2 relating to the measurement of the revenue attributable to the technology program.

Center for Rural Virginia Board of Trustees

Source: Webpage

Sustain economic growth in the rural areas of the Commonwealth.

Small Business Commission

Source: Webpage

To study, report and make recommendations on issues of concern to small businesses in the Commonwealth.

Small Business Environmental Compliance Advisory Panel

Source: Webpage

Southwest Virginia Energy Research and Development Authority

Source: Webpage

Creates the Southwest Virginia Energy Research and Development Authority (the Authority) to promote opportunities for energy development in Southwest Virginia, to create jobs and economic activity in Southwest Virginia consistent with the Virginia Energy Plan, and to position Southwest Virginia and the Commonwealth as a leader in energy workforce and energy technology research and development. The Authority will be composed of 11 nonlegislative members, of whom four will be appointed by the Governor, four will be appointed by the Speaker of the House, and three will be appointed by the Senate Committee on Rules. The Authority is charged with, among other tasks, (i) leveraging the strength in energy research and workforce development of Virginia’s public and private institutions of higher education; (ii) supporting the development of pump storage hydropower in Southwest Virginia and energy storage generally; (iii) promoting the development of renewable energy generation facilities on brownfield sites, including abandoned mine sites; (iv) promoting energy workforce development; and (v) assisting energy technology research and development by promoting the development of a Southwest Virginia Energy Park.

Virginia Tobacco Region Revitalization Commission

Source: Website

The Tobacco Region Revitalization Commission is a 28-member body created by the 1999 General Assembly. Its mission is the promotion of economic growth and development in formerly tobacco-dependent communities, using proceeds of the national tobacco settlement.

Commission on Unemployment Compensation

Source: Webpage

Annually monitor and evaluate Virginia’s unemployment compensation system relative to the economic health of the Commonwealth.

Virginia Israel Advisory Board

Source: Website

Advise the Governor on ways to improve economic and cultural links between the Commonwealth and the State of Israel, with a focus on the areas of commerce and trade, art and education, and general government.

Virginia Minority Business Commission

Source: Webpage

Evaluates the impact of existing statutes and proposed legislation on minority businesses, assesses the Commonwealth’s minority business assistance programs and examines ways to enhance their effectiveness, provides minority business owners and advocates with a forum to address their concerns, develops strategies and recommendations to promote the growth and competitiveness of Virginia minority-owned businesses, and collaborates with the Department of Small Business and Supplier Diversity and other appropriate entities to facilitate the Commonwealth’s work and mission.

Virginia Board of Workforce Development

Source: Website

Assist the Governor in meeting workforce training needs in the Commonwealth.