NASBP Focal Point – May 6, 2025

Federal Report

Federal: This week House Republicans are poised to debate/negotiate their reconciliation bill. As we go to press, two key House Committees (Energy & Commerce and Ways & Means) will attempt to reach consensus on potential reforms to Medicaid and the state and local tax deduction (SALT). While Speaker Johnson’s original goal was to have the spending/reconciliation bill package completed by the Memorial Day recess, because of these ongoing debates amongst his party, that deadline may not be achievable.

State Activity

New: LA HB 615 (Geymann) Establishes comprehensive statewide regulations for solar power facilities requiring permits for any facility with a footprint of ten acres or more. HB 615 requires that no person shall construct, install, or operate a solar power generation facility with a footprint of ten or more acres without holding a permit issued by the department. The following forms of security shall be required for a permit application; performance bonds, irrevocable letters of credit, cash payments, or a combination thereof, in an amount determined by the secretary to adequately mitigate the risks associated with abandonment of projects and noncompliance with applicable law, contractual agreements, and permitting. HB 615 passed the House Committee on Natural Resources.

New: ME LD 1761 (Morris) Declares provisions in contracts that indemnify or hold harmless a party from claims or liabilities related to their own intentional acts or omissions to be void and unenforceable, as they contravene public policy in Maine. LD 1761 allows for exceptions which includes insurance contracts for workers’ compensation or any other insurance contracts or agreements issued by an insurer licensed to engage in the business of insurance in this State. However, the bill does NOT explicitly exclude surety contracts. At the request of its NASBP Maine members, NASBP provided background materials to address this issue such as a 50-state survey of anti-indemnity statutes as an example of how other states have addressed indemnity prohibitions. LD 1761 was referred to the Joint Committee on Health Coverage, Insurance and Financial Services where a hearing is held today.

New: UT HB 57 (Colin) Requires that a solar retailer’s estimated energy production be within a certain percentage of actual output, and obliges the retailer to fix panels that underperform. Additionally, it establishes a registration and security requirements for solar retailers operating in the state. As a part of the registration, each solar retailer shall submit proof of obtaining and maintaining a performance bond issued by a surety authorized to transact surety business in this state; or a certificate of deposit. HB 57 was signed into law by the governor.

Update: ND HB 1369 (Heinert) Amends 48-01.2-02.1., “The Public Improvement Construction Threshold,” by raising the bond threshold from $200,000 to $250,000. HB 1369 passed the House 78-12 and the Senate 44-3 with amendments.

Update: TX SB 1066 (Perry) Amends Section 11.0171, the Parks and Wildlife Code, by raising the bond threshold from $25,000 to $150,000 for contracts of constructing, altering, or repairing a public building or carrying out or completing for the Department of Parks and Wildlife. SB 1066 passed the Senate and the House.  

If you are aware of any bills impacting the industry, please reach out to Larry LeClair, NASBP’s Director of Government Relations, and let us know.