Del. Lee Ware

Commemorating the 150th anniversary of the ratificationof the Fifteenth Amendment to the Constitution of the United States.Commemorates the 150th anniversary of the ratification of the FifteenthAmendment to the Constitution of the United States. This resolutionis a recommendation of the Dr. Martin Luther King, Jr. Memorial Commission.

Commending the Richmond Academy of Medicine.

Commending the Loudoun South Little Leaguebaseball team.

Plastic bag tax; use of revenues. Allows localities to impose a five-cent ($0.05) per bag tax on plastic bags provided to customers by retailers in grocery stores, convenience stores, or drugstores in the Commonwealth. The bill also (i) requires every retailer to provide recycling receptacles at its place of business for such disposable plastic bags and (ii) allows every retailer that collects the tax to retain one cent ($0.01) of every five cents ($0.05) collected. The tax is to be administered in the same manner as the retail sales and use tax, and all revenues from the tax shall be deposited in equal sums into the Virginia Water Quality Improvement Fund and the Virginia Natural Resources Commitment Fund. The bill was incorporated into HB 1151.

Marijuana; decriminalization of simple marijuana possession; penalty. Decriminalizes marijuana possession and provides a civil penalty of no more than $25. Under current law, a first offense is punishable by a maximum fine of $500 and a maximum jail sentence of 30 days, and subsequent offenses are a Class 1 misdemeanor. The bill creates a rebuttable presumption that a person who possesses no more than one-half ounce of marijuana possesses it for personal use and provides that the existing suspended sentence and substance abuse screening provisions apply only to criminal violations or to civil violations by a minor. The bill decreases from a Class 5 felony to a Class 6 felony the penalty for distribution or possession with intent to sell more than one-half ounce but not more than five pounds of marijuana. This bill was incorporated into HB 972.

Electric utility regulation; retail customer choice. Replaces the Virginia Electric Utility Regulation Act with a system under which retail customers will be able to purchase electricity from the retail electric provider of their choice. The measure requires each incumbent investor-owned utility, electric cooperative, and municipal electric authority by January 10, 2021, to file with the State Corporation Commission a plan by which it will separate its customer energy services business activities that are otherwise also already widely available in the competitive market from its regulated utility activities by September 1, 2021, and to separate its business activities into an electric distribution utility, an electric transmission utility, a power generation company, and a retail electric provider, or into a single electric transmission and distribution utility, by January 1, 2022. Such separation may be accomplished by creating separate investor-owned companies, cooperatives, or municipal electric authorities or through the sale of assets to a third party. The measure provides consumer safeguards, including requirements that a retail customer have the right to choose a retail electric provider and to have access to providers of energy efficiency services, to on-site distributed generation, and to providers of energy generated by renewable energy resources. When customer choice commences, a retail electric provider that is serving a retail customer on December 31, 2021, may continue to serve that customer until the customer chooses service from a different retail electric provider. If the Commission determines that a region served by an incumbent electric utility is unable to offer fair competition and reliable service to all retail customer classes on January 1, 2022, the measure requires the Commission to delay customer choice for the region. The Commission may use pilot projects to evaluate the ability of each region served by an incumbent electric utility to implement customer choice. After January 1, 2022, an incumbent electric utility may not sell electricity or otherwise participate in the market for electricity except for the purpose of buying electricity to serve its own needs or while competition for the region served by the utility is delayed. The measure requires the Commission to designate, through a bid process or other method, retail electric providers to serve as providers of last resort, which will be required to offer a customer retail service at a rate approved by the Commission. Metering services will be provided by an area's incumbent electric utility or the electric distribution utility separated from the incumbent electric utility. Each electric distribution utility is required to bill a customer's retail electric provider for non-bypassable delivery charges equal to the sum of electric utility charges by customer class based on a forecasted 2022 test year and the generic customer classes and generic rate design established by the Commission and a system benefit fund fee. The system benefit fund fee will be allocated to retail electric customers on the basis of the amount of kilowatt hours used and will be set by the Commission in an amount to cover the costs of customer education programs, a percentage of income payment plan, weatherization programs, and energy efficiency programs. The measure requires electric distribution utilities to deploy advanced metering and meter information networks for all of their residential customers and nonresidential customers within three years after the start date of customer choice, the costs of which shall be recovered by a non-bypassable surcharge. The measure authorizes the Commission to mitigate market power abuses associated with the transmission, distribution, and sale of electricity. The measure requires the Commission by March 1, 2021, to establish an independent distribution system operator (IDSO) that will operate and plan the distribution systems of all electric distribution utilities and perform other duties, including ensuring open access to the distribution systems for all buyers and sellers of electricity on nondiscriminatory terms. The IDSO's costs will be recovered through a reasonable and competitively neutral rate or fee that is within a range determined by the Commission. Distribution utilities are required to transfer the management and control of their distribution system assets to the IDSO and to observe the IDSO's policies, rules, guidelines, and procedures. By January 1, 2021, each electric utility is required to file proposed tariffs for its open-access distribution service, and the Commission is required to set tariffs for electric utility services and the system benefit fund fee for each utility by January 1, 2022. The rates are required to afford the utility a reasonable opportunity to recover its reasonable costs and a reasonable rate of return, fairly allocate the utility's costs among customers, and provide an appropriate price signal to customers with respect to renewable energy. The measure requires incumbent retail electric providers to make available from January 1, 2022, until January 1, 2027, to residential and small commercial retail electric customers in its former service area utility "price to beat rates" that are six percent less than the incumbent electric utility's corresponding average rates that were in effect on January 1, 2019, adjusted to reflect the wholesale power cost basis. Incumbent retail electric providers are prohibited from charging these customers rates that are different from the price to beat until the earlier of 36 months after the date customer choice is introduced or the date that at least 40 percent of the electric power consumed in the utility's service area before customer choice is committed to be served by independent retail electric providers. The measure requires that retail electric providers be certified by the Commission and that aggregators register with the Commission. The measure establishes a Percentage of Income Payment Plan (PIPP) providing financial assistance for residential customers whose household income is at or below 150 percent of the federal nonfarm poverty level. Under the PIPP, the level of payment responsibility to be borne by an eligible customer is based on a percentage of the customer's income. Participants in the PIPP will receive a monthly credit for the amount by which the participant's actual monthly bill for electric service or the statewide average monthly bill amount for that month, whichever is less, exceeds 10 percent of the participant's monthly household income if the participant's residence's primary source of space heating is electricity or six percent of the participant's monthly household income if the participant's residence's primary source of space heating is natural gas or propane. The Commission is also required to establish and implement a home weatherization program. The measure requires the IDSO to identify the achievable cost-effective energy efficiency potential for each electric distribution utility service area in the Commonwealth and, if it determines that an electric distribution utility service area has achievable cost-effective energy efficiency potential, to issue a solicitation for bids from persons to develop and implement energy efficiency programs that achieve this potential. The measure authorizes any distributed electricity generation owner to connect distributed electricity generation to an electric distribution utility system and authorizes a retail electric provider to contract with a distributed electricity generation owner to provide that surplus electricity produced by distributed electricity generation is made available for sale to the retail electric provider and that the net value of that surplus electricity valued at the energy price at the location of the distributed electricity generator is credited to the distributed electricity generation owner. The measure provides that electric authorities and municipalities that provide electric transmission or distribution service are subject to the jurisdiction of the Commission. The measure recasts the Commission on Electric Utility Regulation as the Commission on Retail Electric Choice and extends its sunset until July 1, 2022. The measure limits the powers of electric cooperatives and eliminates their authority to operate prepaid metering systems. The measure eliminates the requirement that the Commission find that a utility's proposed construction of a new generation facility of 100 megawatts or more is necessary to enable the utility to furnish reasonably adequate service and facilities at reasonable and just rates. The measure also provides that customers who are participating in net energy metering programs and third party power purchase programs may continue to do so under certain circumstances.

Balance billing; emergency services. Provides that when a covered person receives covered emergency services from an out-of-network health care provider, the covered person is not required to pay the out-of-network provider any amount other than the applicable cost-sharing requirement. The measure deletes a provision that allows an out-of-network provider to charge an individual for the balance of the provider's billed amount after applying the amount the health carrier is required to pay for such services. The measure also establishes a fourth standard for calculating the health carrier's required payment to the out-of-network provider of the emergency services, which standard is (i) the regional average for commercial payments for such service if the provider is a health care professional or (ii) the fair market value for such services if the provider is a facility. This fourth standard is the amount the health carrier is obligated to pay to the out-of-network provider if the amount is greater than any of the other three standards, which are (a) the amount negotiated with in-network providers for the emergency service or, if more than one amount is negotiated, the median of these amounts; (b) the amount for the emergency service calculated using the same method the health carrier generally uses to determine payments for out-of-network services, such as the usual, customary, and reasonable amount; or (c) the amount that would be paid under Medicare for the emergency service. The measure requires the health carrier to pay the required amount, less applicable cost-sharing requirements, directly to the out-of-network health care provider of the emergency services. If such provider determines that the amount to be paid by the health carrier does not comply with the applicable requirements, the measure requires the provider and the health carrier to make a good faith effort to reach a resolution on the appropriate amount of the reimbursement and, if a resolution is not reached, authorizes either party to request the State Corporation Commission to review the disputed reimbursement amount and determine if the amount complies with applicable requirements. The measure also provides that final diagnosis rendered to a covered person who receives emergency services for a medical condition shall not be considered in the health carrier's determination of whether the medical condition was an emergency medical condition. The measure establishes the procedure by which the regional average for commercial payments for emergency services will be calculated by the nonprofit data services organization that compiles the Virginia All-Payer Claims Database. The measure also requires health carriers to makes reports to the Bureau of Insurance and directs the Bureau to provide reports to certain committees of the General Assembly. This bill was incorporated into HB 1251.

Health benefit plans; bills for emergency services; surprise bills; dispute resolution. Requires the Commissioner of the Bureau of Insurance to certify independent dispute resolution entities to resolve disputes arising from surprise bills for non-emergency health care services and for emergency service provided by non-participating providers. The measure implements "baseball-style" arbitration to resolve disputes between health carriers and physicians. Under this approach, each party submits a proposed dollar amount to the independent dispute resolution entity, who then chooses one as the appropriate payment amount. The measure provides that when an insured assigns benefits for a surprise bill or a bill for emergency services in writing to a non-participating physician who knows the insured is covered under a health benefit plan, the non-participating physician shall not bill the insured except for any applicable coinsurance, copayment, or deductible that would be owed if the insured utilized a participating physician. This bill was incorporated into HB 1251.

Electric utility regulation; retail customer choice. Replaces the Virginia Electric Utility Regulation Act with a system under which retail customers will be able to purchase electricity from the retail electric provider of their choice. The measure requires each incumbent investor-owned utility, electric cooperative, and municipal electric authority by January 10, 2021, to file with the State Corporation Commission a plan by which it will separate its customer energy services business activities that are otherwise also already widely available in the competitive market from its regulated utility activities by September 1, 2021, and to separate its business activities into an electric distribution utility, an electric transmission utility, a power generation company, and a retail electric provider, or into a single electric transmission and distribution utility, by January 1, 2022. Such separation may be accomplished by creating separate investor-owned companies, cooperatives, or municipal electric authorities or through the sale of assets to a third party. The measure provides consumer safeguards, including requirements that a retail customer have the right to choose a retail electric provider and to have access to providers of energy efficiency services, to on-site distributed generation, and to providers of energy generated by renewable energy resources. When customer choice commences, a retail electric provider that is serving a retail customer on December 31, 2021, may continue to serve that customer until the customer chooses service from a different retail electric provider. If the Commission determines that a region served by an incumbent electric utility is unable to offer fair competition and reliable service to all retail customer classes on January 1, 2022, the measure requires the Commission to delay customer choice for the region. The Commission may use pilot projects to evaluate the ability of each region served by an incumbent electric utility to implement customer choice. After January 1, 2022, an incumbent electric utility may not sell electricity or otherwise participate in the market for electricity except for the purpose of buying electricity to serve its own needs or while competition for the region served by the utility is delayed. The measure requires the Commission to designate, through a bid process or other method, retail electric providers to serve as providers of last resort, which will be required to offer a customer retail service at a rate approved by the Commission. Metering services will be provided by an area's incumbent electric utility or the electric distribution utility separated from the incumbent electric utility. Each electric distribution utility is required to bill a customer's retail electric provider for non-bypassable delivery charges equal to the sum of electric utility charges by customer class based on a forecasted 2022 test year and the generic customer classes and generic rate design established by the Commission and a system benefit fund fee. The system benefit fund fee will be allocated to retail electric customers on the basis of the amount of kilowatt hours used and will be set by the Commission in an amount to cover the costs of customer education programs, a percentage of income payment plan, weatherization programs, and energy efficiency programs. The measure requires electric distribution utilities to deploy advanced metering and meter information networks for all of their residential customers and nonresidential customers within three years after the start date of customer choice, the costs of which shall be recovered by a non-bypassable surcharge. The measure authorizes the Commission to mitigate market power abuses associated with the transmission, distribution, and sale of electricity. The measure requires the Commission to establish by March 1, 2021, an independent distribution system operator (IDSO) that will operate and plan the distribution systems of all electric distribution utilities and perform other duties, including ensuring open access to the distribution systems for all buyers and sellers of electricity on nondiscriminatory terms. The IDSO's costs will be recovered through a reasonable and competitively neutral rate or fee that is within a range determined by the Commission. Distribution utilities are required to transfer the management and control of their distribution system assets to the IDSO and to observe the IDSO's policies, rules, guidelines, and procedures. By January 1, 2021, each electric utility is required to file proposed tariffs for its open-access distribution service, and the Commission is required to set tariffs for electric utility services and the system benefit fund fee for each utility by January 1, 2022. The rates are required to afford the utility a reasonable opportunity to recover its reasonable costs and a reasonable rate of return, fairly allocate the utility's costs among customers, and provide an appropriate price signal to customers with respect to renewable energy. The measure requires incumbent retail electric providers to make available from January 1, 2022, until January 1, 2027, "price to beat rates" to residential and small commercial retail electric customers in its former service area that are six percent less than the incumbent electric utility's corresponding average rates that were in effect on January 1, 2019, adjusted to reflect the wholesale power cost basis. Incumbent retail electric providers are prohibited from charging these customers rates that are different from the price to beat until the earlier of 36 months after the date customer choice is introduced or the date that at least 40 percent of the electric power consumed in the utility's service area before customer choice is committed to be served by independent retail electric providers. The measure requires that retail electric providers be certified by the Commission and that aggregators register with the Commission. The measure establishes a Percentage of Income Payment Plan (PIPP) providing financial assistance for residential customers whose household income is at or below 150 percent of the federal nonfarm poverty level. Under the PIPP, the level of payment responsibility to be borne by an eligible customer is based on a percentage of the customer's income. Participants in the PIPP will receive a monthly credit for the amount by which the participant's actual monthly bill for electric service or the statewide average monthly bill amount for that month, whichever is less, exceeds 10 percent of the participant's monthly household income if the participant's residence's primary source of space heating is electricity or six percent of the participant's monthly household income if the participant's residence's primary source of space heating is natural gas or propane. The Commission is also required to establish and implement a home weatherization program. The measure requires the IDSO to identify the achievable cost-effective energy efficiency potential for each electric distribution utility service area in the Commonwealth and, if it determines that an electric distribution utility service area has achievable cost-effective energy efficiency potential, to issue a solicitation for bids from persons to develop and implement energy efficiency programs that achieve this potential. The measure authorizes any distributed electricity generation owner to connect distributed electricity generation to an electric distribution utility system and authorizes a retail electric provider to contract with a distributed electricity generation owner to provide that surplus electricity produced by distributed electricity generation is made available for sale to the retail electric provider and that the net value of that surplus electricity valued at the energy price at the location of the distributed electricity generator is credited to the distributed electricity generation owner. The measure provides that electric authorities and municipalities that provide electric transmission or distribution service are subject to the jurisdiction of the Commission. The measure recasts the Commission on Electric Utility Regulation as the Commission on Energy Reform and extends its sunset until July 1, 2022. The measure eliminates the requirement that the Commission find that a utility's proposed construction of a new generation facility of 100 megawatts or more is necessary to enable the utility to furnish reasonably adequate service and facilities at reasonable and just rates. The measure retains net energy metering programs with provisions that revise the compensation structure for the energy produced by distributed customer-generators to implement time-based and location-based market prices. The measure provides that a person that sells electric energy generated from an onsite distributed electric generation facility to a customer pursuant to a third-party power purchase agreement or distributed electric generation lease agreement is not a public service corporation. The measure repeals the provisions establishing requirements for the filing of integrated resources plans by electric utilities.

Celebrating the life of Renee Marie Kelahan.