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.
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Employment; retaliatory discharge of employee;Workers' Compensation. Prohibits an employer or other personfrom discharging or taking other retaliatory action against an employeeif such action is motivated by the knowledge or belief that the employeehas filed a claim or taken or intends to take certain actions underthe Virginia Workers' Compensation Act. Currently, retaliatory dischargesare prohibited only if the employer discharges an employee solely because the employee has taken or intends to take such an action.
Health insurance; cost-sharing payments for prescription asthma inhalers. Prohibits health insurance companies and other carriers from setting an amount exceeding $50 per 30-day supply of a tier one or tier two prescription asthma inhaler that a covered person is required to pay at the point of sale in order to receive a covered prescription asthma inhaler unless the carrier is prohibited from providing the additional benefits under state or federal law. The measure also prohibits a provider contract between a carrier or its pharmacy benefits manager and a pharmacy from containing a provision (i) authorizing the carrier's pharmacy benefits manager or the pharmacy to charge, (ii) requiring the pharmacy to collect, or (iii) requiring a covered person to make a cost-sharing payment for a covered prescription asthma inhaler in an amount that exceeds such limitation. The provisions apply with respect to health plans and provider contracts entered into, amended, extended, or renewed on or after January 1, 2022.
Electric utilities; customer credit reinvestmentoffsets. Eliminates customer credit reinvestment offsets underwhich a utility is allowed, upon request, to reduce or eliminateamounts of overearnings that otherwise would be required to be creditedto customers by applying a customer credit reinvestment offset forexpenses on new solar and wind generation facilities and electricdistribution grid transformation projects.
Celebrating the life of Charles Wallace Nuttycombe.
Possession of controlled substances; penalties. Reduces the penalty for possession of a Schedule I or II controlled substance from a Class 5 felony to a Class 1 misdemeanor and the penalty for possession of a Schedule IV or V controlled substance from a Class 2 misdemeanor and a Class 3 misdemeanor, respectively, to a Class 4 misdemeanor. Consequently, the bill removes felony violations of possession of a controlled substance from the definition of barrier crime related to criminal history checks for eligibility for various types of employment, to volunteer or provide certain services, or to establish or operate certain types of regulated businesses. The bill also limits the previous convictions that make a person ineligible for disposition under the first offender statute to a previous conviction for possession of a controlled substance or manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute a controlled substance or an imitation controlled substance. Under current law, a previous conviction for any drug-related criminal offense, or under any statute of the United States or of any state relating to narcotic drugs, marijuana, or stimulant, depressant, or hallucinogenic drugs makes a person ineligible for such disposition. The bill also amends the required conditions of probation under the first offender statute. The bill changes the penalty for an attempt to commit a felony drug offense from imprisonment for not less than one nor more than 10 years to a Class 6 felony and removes the felony offenses for a prisoner to secrete or have in his possession any chemical compound that he has not lawfully received, any Schedule III controlled substance, or marijuana. The bill makes secreting or possessing a controlled substance or marijuana by a prisoner punishable the same as possession of such controlled substances or marijuana by a person who is not in prison. Lastly, the bill provides that the definition of "controlled substance" for purposes of the Drug Control Act shall not include mere residue of any drug, substance, or immediate precursor in Schedules I through VI that is not a weighable quantity or a countable dosage unit. The bill contains technical amendments.
Cystic Fibrosis Awareness Month. DesignatesMay, in 2021 and in each succeeding year, as Cystic Fibrosis AwarenessMonth in Virginia.
Wearing masks during commission of a crime oracts of intimidation or harassment; penalty. Changes the prohibitionon wearing a mask in certain places to make it a Class 1 misdemeanorfor any person to, with the intent to conceal his identity, wear any mask, hood, or other device whereby a substantial portion of theface is hidden or covered so as to conceal the identity of the wearerwhile committing or attempting to commit (i) a crime or (ii) an actof intimidation or harassment against another person where such actis motivated by racial, religious, gender, disability, gender identity,sexual orientation, or ethnic animosity. Current law makes it a Class6 felony for any person over 16 years of age to wear such mask orother device and be or appear in any public place or upon any privateproperty in the Commonwealth without first obtaining written consentfrom the owner or tenant, with some exceptions.
Public employees; prohibition on striking; exception.Exempts employees of a local school board from the prohibition onstriking, and from termination of employment for striking, by publicemployees.
Right to work. Repeals the provisions ofthe Code of Virginia that, among other things, prohibit any agreementor combination between an employer and a labor union or labor organizationwhereby (i) nonmembers of the union or organization are denied theright to work for the employer, (ii) membership in the union or organizationis made a condition of employment or continuation of employment bysuch employer, or (iii) the union or organization acquires an employmentmonopoly in any such enterprise.