Del. Patrick Hope

Study; Department of Conservation and Recreationand Virginia Department of Agriculture and Consumer Services; invasiveplant species work group; report. Requests the Department of Conservation and Recreation, jointly with the Department of Agricultureand Consumer Services, to establish a work group to study the saleand use of invasive plant species. The resolution requests that thedepartments work with several state agencies, conservation nonprofits,and plant industry and agriculture groups to develop recommendationsregarding statutory and regulatory changes intended to reduce oreliminate the sale and use of invasive plant species in the Commonwealthand promote the sale and use of native plants.

Status offenders; willful and material violation of court order or terms of probation; notice; orders of disposition for violation. Removes the option for a court to order that a status offender be detained in a secure facility for a willful and material violation of a court order or term of probation.

Secretary of Health and Human Resources; contractfor study of options for financing universal health care. Directsthe Secretary of Health and Human Resources to enter into a contractwith a qualified entity to study options for financing universalhealth care in the Commonwealth. The Secretary shall report the findings,conclusions, and recommendations of the qualified entity to the Governorand the General Assembly by December 1, 2021.

Law-enforcement officer; duty to render aid;duty to report wrongdoing by another law-enforcement officer. Requires any law-enforcement officer on duty who witnesses another personsuffering from a serious bodily injury or a life-threatening conditionto render aid and makes it a duty to report acts of wrongdoing, definedin the bill and including bias-based profiling, committed by anotherlaw-enforcement officer on duty. Any law-enforcement officer whofails to render such aid or report such wrongdoing committed by anotherlaw-enforcement officer shall be subject to disciplinary action,including dismissal, demotion, suspension, or transfer of the law-enforcementofficer. The bill also expands the definition of "bias-based profiling,"a practice banned for sheriffs, deputy sheriffs, other local law-enforcement officers, and State Police officers in the performance of their official duties, to include sexual orientation and gender identity.

Common-law crime of suicide. Abolishes thecommon-law crime of suicide. Suicide is currently a common-law crimein Virginia, although there is no statutorily prescribed punishment.

Study; staffing levels, employment conditions,and compensation at the Virginia Department of Corrections; report.Continues the joint committee of the House Committee on Health, Welfareand Institutions; the House Committee on Public Safety; the SenateCommittee on the Judiciary; and the Senate Committee on Rehabilitationand Social Services established by House Joint Resolution 29 (2020)to study staffing levels, employment conditions, and compensationat the Virginia Department of Corrections. The resolution directsthe joint committee to conclude its work by November 30, 2021, andto report its findings and recommendations no later than the first day of the 2022 Regular Session of the General Assembly.

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. Currently, such customers may purchase electric power from such suppliers, other than an incumbent electric utility that is not the incumbent electric utility serving the exclusive territory in which the customer is located, only if their incumbent electric utility does not offer an approved tariff for electric energy provided 100 percent from renewable energy. The measure also provides that a cooperative utility customer eligible to take service under a tariff for electric energy provided 100 percent from renewable energy is prohibited from purchasing electric energy provided 100 percent from renewable energy from a licensed supplier, except such customer is authorized to continue purchasing renewable energy pursuant to the terms of a power purchase agreement in effect on the date the cooperative serving it filed with the Commission such tariff for electric energy provided 100 percent from renewable energy for the duration of such agreement. The measure requires that, within three months after the enactment of this act or within three months after beginning to offer a 100 percent renewable energy product to residential customers, whichever is later, licensed competitive suppliers that offers 100 percent renewable energy to residential customers in the service territory of Dominion Energy Virginia or Appalachian Power, to submit a proposal to the State Corporation Commission for consideration and approval to offer discounted service to low-income customers. The measure requires such proposal to include a 100 percent renewable product to be offered to a minimum number of low-income customers at a rate ten percent lower than the incumbent electric utility’s standard residential rate for non-renewable supply service for a minimum initial term of twelve months.

Electric utilities; triennial review; ratesof 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 EnergyVirginia, may use any methodology it finds consistent with the publicinterest to determine fair rates of return on common equity for the utility's generation and distribution services. In any such triennialreview, regardless of whether the utility earned above or below itsauthorized rate of return during the test period under review, theCommission also may order any increases or decreases to the utility'srates for generation and distribution that it deems necessary andappropriate, as long as the resulting rates provide the utility with the opportunity to (i) fully recover its costs of providing its servicesand (ii) earn an authorized rate of return.

Electric utilities; period costs. 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. Under current law, such attribution is required unless the utility has earned below a certain threshold, in which case deferred recovery of the costs is required. The bill also eliminates provisions that limit any rate reduction ordered by the State Corporation Commission in the first triennial review of Dominion Energy Virginia after January 1, 2021, to $50 million in annual revenues and provides that in any triennial review, regardless of whether the Commission has ordered bill credits, the utility earned above its authorized rate of return during the test period under review, or the utility has made a request regarding any customer credit reinvestment offsets, the Commission may order any rate reduction it deems necessary and appropriate unless it finds that the resulting rates will not provide the utility with the opportunity to (i) fully recover its costs of providing its services and (ii) earn not less than a fair combined rate of return on its generation and distribution services. The provisions of the bill apply to the first triennial review of Dominion Energy Virginia conducted after January 1, 2021. This bill incorporates HB 1835.

Electric utilities; 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. The bill provides that during a triennial review period, if a utility's earned return on its generation and distribution services falls below that range due to certain costs, the Commission is required to authorize deferred recovery for such costs. Additionally, if during a triennial review period, if a utility's earned return on its generation and distribution services falls below that range due to revenue reductions related to energy efficiency measures or other programs, the Commission is required to order an increase to the utility's rates. The bill requires that the Commission direct 100 percent of the amount that a utility earns over its fair rate of return to customers' bills. Under current law, the Commission is required to direct 70 percent of any earnings that were more than a certain percentage above the utility's fair rate of return to customers' bills. The bill provides that if, during a triennial review period, a utility has earned above its fair combined rate of return, the Commission is required to order reductions to the utility's rates it finds appropriate. Under current law, the Commission is only required to order reductions to the utility's rates if the utility earned more than a certain percentage above its fair combined rate of return. The provisions of the bill apply to all triennial reviews, including the first triennial review of Dominion Energy Virginia conducted after January 1, 2021.