DEPARTMENT OF BEHAVIORAL HEALTH AND
DEVELOPMENTAL SERVICES
Renewal
of Variances to Regulations to Assure the Rights of Individuals Receiving
Services from Providers Licensed, Funded, or Operated by the Department of
Behavioral Health and Developmental Services (12VAC35-115)
Agency
Decision with Amendment to Variance Request and Additional Comment Period
Notice of Decision and Additional Comment Period: The
Department of Behavioral Health and Developmental Services (DBHDS) sought
comment on an application submitted by the DBHDS Central State Hospital (CSH)
for the proposed renewal of existing variances to the Regulations to Assure the
Rights of Individuals Receiving Services from Providers Licensed, Funded, or
Operated by the Department of Behavioral Health and Developmental Services
(12VAC35-115) for the maximum security forensic unit at CSH. The notice of
action for the proposed renewal of variances was published in 32:7 VA.R. 1323-1327 November 30, 2015.
The following sentence was inadvertently omitted from Variances
to Procedures for Complaint Resolution, Hearing, and Appeals, 12VAC35-115-150:
General Provisions, page 1324, column 2, after the first sentence:
The CSH Maximum Security Appeals Committee consists of the
Chairperson of the State Human Rights Committee, the Department of Behavioral
Health and Developmental Services (DBHDS) Director of Human Rights, and the DBHDS
Assistant Commissioner for Forensic Services.
Agency Decision: On March 4, 2016, the State Human Rights
Committee approved the application for the renewal of variances from certain
requirements of 12VAC35-115 for the maximum security forensic unit at CSH, with
an amendment to the proposed provision that was not published with the variance
request. The amendment is:
12VAC35-115-150: General Provisions.
The CSH Maximum Security Appeals Committee consists of the
Chairperson of the State Human Rights Committee, the Department of Behavioral
Health and Developmental Services (DBHDS) Director of Human Rights, and the
DBHDS Assistant Commissioner for Forensic Services a State Human Rights
Committee member.
The purpose of the amendment is to avoid the appearance of a
conflict of interest because the Assistant Commissioner for Forensic Services
has direct administrative oversight of the Virginia Center for Behavioral
Rehabilitation.
DBHDS is announcing an opportunity for public comment on the
amendment to the approved variance to 12VAC35-115-150, General Provisions.
Public comment period: May 2, 2016, through June 1, 2016.
How to comment: DBHDS accepts written comments by email, fax,
and postal mail. In order to be considered, comments must include the full
name, address, and telephone number of the person commenting and be received by
DBHDS by the last day of the comment period. All information received is part of
the public record.
To review a proposal: Variance applications and any supporting
documentation may be obtained by contacting the DBHDS representative named
below.
Contact Information: Deborah Lochart, Director, Office
of Human Rights, Department of Behavioral Health and Developmental Services,
1220 East Bank Street, P.O. Box 1797, Richmond, VA 23218-1797, telephone (804)
786-0032, FAX (804) 804-371-2308, or email deb.lochart@dbhds.virginia.gov.
COMMISSION ON LOCAL GOVERNMENT
Schedule for the Assessment of State
and Federal Mandates on Local Governments
Pursuant to the provisions of § 2.2-613 and subdivision 6
of § 15.2-2903 of the Code of Virginia, the following schedule,
established by the Commission on Local Government and approved by the Secretary
of Commerce and Trade and Governor McAuliffe, represents the timetable that the
listed executive agencies will follow in conducting their assessments of
certain state and federal mandates that they administer that are imposed on
local governments. Such mandates are either new (in effect for at least 24
months) or newly identified. In conducting these assessments, agencies will
follow the process established by Executive Order 58 (2007). These mandates are
abstracted in the Catalog of State and Federal Mandates on Local Governments
published by the Commission on Local Government.
For further information contact J. David Conmy, Local
Government Policy Administrator, Commission on Local Government, email david.conmy@dhcd.virginia.gov, telephone
(804) 371-8010, or visit the commission's website at http://www.dhcd.virginia.gov.
STATE CORPORATION COMMISSION
AT RICHMOND, MARCH 30, 2016
COMMONWEALTH OF VIRGINIA, ex rel.
STATE CORPORATION COMMISSION
CASE NO. PUE-2016-00022
Ex Parte: In the matter of receiving input
for evaluating the establishment of protocols,
a methodology, and a formula to measure
the impact of energy efficiency measures
SCHEDULING ORDER
During the 2016 Session of the Virginia General Assembly, two
identical bills, House Bill 1053 and Senate Bill 395, were passed by the
General Assembly. These bills both require:
§ 1. That the State Corporation Commission (the
"Commission") shall evaluate the establishment of uniform protocols
for measuring, verifying, validating, and reporting the impacts of energy
efficiency measures implemented by investor-owned electric utilities providing
retail electric utility service in the Commonwealth and the establishment of a
methodology for estimating annual kilowatt savings and a formula to calculate
the levelized cost of saved energy for such energy efficiency measures. The
Commission shall promptly commence such evaluation following the effective date
of this act and shall receive input from interested parties and the Department
of Mines, Minerals and Energy. The Commission shall submit to the Governor and
the General Assembly a report of its findings and recommendations by December
1, 2016.1
NOW THE COMMISSION, upon consideration of this matter, is of
the opinion that while this legislation has not yet become effective, it
requires the Commission's prompt review and receipt of input from interested
persons and entities prior to submitting a report of its findings and
recommendations to the Governor and General Assembly. Therefore, the Commission
herein establishes a schedule in advance of the effective date in order to
receive timely input on this matter.
The Commission finds that an evaluation
("Evaluation") should be conducted to consider the establishment of:
(i) uniform protocols for measuring, verifying, validating, and reporting
the impacts of energy efficiency measures; (ii) a methodology for
estimating annual kilowatt savings for such energy efficiency measures; and
(iii) a formula to calculate the levelized cost of saved energy for such
energy efficiency measures (collectively, "Objectives"). The
Commission will conduct the Evaluation and consider the Objectives as they
concern energy efficiency measures implemented by both investor-owned electric
utilities and investor-owned natural gas utilities,2 as both types
of utilities conduct energy efficiency programs.
Further, since evaluation and verification of energy savings
of energy efficiency programs typically are measured against the projected
savings included in cost/benefit analyses, the Commission is of the opinion
that the Evaluation also should encompass the methodologies by which utilities
calculate the components of the cost/benefit tests3 in proceedings
requesting approval to implement energy efficiency programs. In particular, the
Evaluation should consider: (i) whether the application of costs and
benefits is consistent across utilities; (ii) whether consistent
application of costs and benefits across utilities is necessary or reasonable;
and (iii) whether the application of the cost/benefit tests can be
improved by enhanced evaluation and verification protocols for estimating
savings actually realized (collectively, "Cost/Benefit Questions").
Accordingly, the Commission shall receive input from the
Virginia Department of Mines, Minerals and Energy ("DMME"), from
investor-owned electric utilities and investor-owned natural gas utilities
providing service in the Commonwealth, and from other interested persons or
entities, concerning the Objectives and/or the Cost/Benefit Questions. We will
direct that the Clerk of the Commission provide copies of this Scheduling Order
to: DMME; Virginia Electric and Power Company d/b/a Dominion Virginia Power,
Appalachian Power Company, and Kentucky Utilities Company d/b/a Old Dominion
Power Company (collectively, "Electric Companies"); Appalachian
Natural Gas Distribution Company, Atmos Energy, Columbia Gas of Virginia, Inc.,
Roanoke Gas Company, Southwestern Virginia Gas Company, Virginia Natural Gas,
Inc., and Washington Gas Light Company (collectively, "Natural Gas Companies");
and the Office of the Attorney General, Division of Consumer Counsel
("Consumer Counsel").
We also will direct the Staff of the Commission's Division of
Energy Regulation ("Staff") to identify other persons or entities
that potentially may have an interest in this matter, including electric
cooperatives and participants in past Commission cases wherein an Electric
Company, a Natural Gas Company, or an electric cooperative has sought approval
of energy efficiency programs and/or conservation and ratemaking efficiency
plans, and to provide these persons or entities with copies of this Scheduling
Order by electronic transmission or, when electronic transmission is not
feasible, by first class mail. Further, we will direct the Director of the
Commission's Division of Information Resources to post a copy of this
Scheduling Order on the Commission's website.
We will provide DMME, the Electric Companies, the Natural Gas
Companies, Consumer Counsel, and any other interested person or entity an
opportunity to provide written and/or oral comments on the Objectives and the
Cost/Benefit Questions under consideration in this matter. In addition to any
general comments, the Commission seeks specific input concerning:
• Existing measurement and verification protocols and their
applicability for Virginia; and
• Appropriate formulae for developing the cost of saved energy
resulting from energy efficiency programs and appropriate inputs for such
formulae.
Finally, the Commission will hold a public session to receive
comments from interested persons and entities regarding the Objectives and the
Cost/Benefit Questions under consideration in this matter.
Accordingly, IT IS ORDERED THAT:
(1) This matter is docketed and assigned Case No.
PUE-2016-00022 for purposes of receiving input from DMME and interested persons
and entities.
(2) The Clerk of the Commission hereby is directed to provide
a copy of this Scheduling Order to DMME, the Electric Companies, the Natural
Gas Companies, and Consumer Counsel.
(3) Within five (5) business days of the filing of this
Scheduling Order with the Clerk of the Commission, the Staff shall transmit
electronically or by first class mail copies of this Scheduling Order to those
persons and entities identified by the Staff as potentially having an interest
in this matter. The Staff shall promptly file with the Clerk of the Commission
a certificate of transmission or mailing and include a list of names and
addresses of the persons and entities to whom the Scheduling Order was
transmitted or mailed.
(4) The Director of the Commission's Division of Information
Resources promptly shall post a copy of this Scheduling Order on the
Commission's website.
(5) On or before May 25, 2016, interested persons or entities
may file comments with Joel H. Peck, Clerk, State Corporation Commission c/o
Document Control Center, P.O. Box 2118, Richmond, Virginia 23218. Comments
shall refer to Case No. PUE-2016-00022 and shall address the Objectives and/or
the Cost/Benefit Questions noted above. Those desiring to submit comments
electronically may do so on or before May 25, 2016, by following the
instructions available at the Commission's website: http://www.scc.virginia.gov/case.
(6) On or before June 24, 2016, the Staff shall file with
the Clerk of the Commission an original and fifteen (15) copies of a Staff
Report containing its evaluation of the issues under consideration in this
matter.
(7) A public session shall be convened on July 12, 2016,
at 10 a.m. in the Commission's second floor courtroom, Tyler Building,
1300 East Main Street, Richmond, Virginia 23219, to receive comments regarding
the Objectives and the Cost/Benefit Questions under consideration in this
matter.
(8) This matter is continued.
AN ATTESTED COPY hereof shall be sent by the Clerk of the
Commission to all persons on the official Service List in this matter. The
Service List is available from the Clerk of the State Corporation Commission,
c/o Document Control Center, 1300 East Main Street, First Floor, Tyler
Building, Richmond, Virginia 23219. A copy also shall be sent to the
Commission's Office of General Counsel and Division of Energy Regulation.
______________________________
DEPARTMENT OF ENVIRONMENTAL QUALITY
Tradewind Energy, Inc. and Centerville
Pike Solar Project, LLC Notice of Intent - Small Renewable Energy Project
(Solar)
Tradewind Energy, Inc. (TWE) and Centerville Pike Solar
Project, LLC have provided notice to the Department of Environmental Quality of
their intent to submit the necessary documentation for a permit by rule for a
small renewable energy solar project. The TWE Centerville Pike Solar Project,
LLC, is a 15 megawatt project, within the city limits of Chesapeake located
along Centerville Turnpike Road and will cover approximately 245 acres. The
ground-mounted array will utilize photovoltaic solar modules and single-axis
tracking technology.
Contact Information: Mary E.
Major, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4423,
FAX (804) 698-4510, or email mary.major@deq.virginia.gov.
Tradewind Energy, Inc. and TWE
Chesapeake Solar Project, LLC - Small Renewable Energy Project (Solar)
Tradewind Energy, Inc. (TWE) and
TWE Chesapeake Solar Project, LLC, have provided notice to the Department of
Environmental Quality of their intent to submit the necessary documentation for
a permit by rule for a small renewable energy solar project. The TWE Chesapeake
Solar Project is a 20 megawatt project within the city limits of Chesapeake
between Centerville Turnpike South and Longridge Road to the west and east,
respectively, and bounded by Beaver Dam Road to the north and will cover
approximately 175 acres. The ground-mounted array will utilize photovoltaic
solar modules and single-axis tracking technology.
Contact Information: Mary E.
Major, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4423,
FAX (804) 698-4510, or email mary.major@deq.virginia.gov.
Tradewind Energy, Inc. and TWE Myrtle
Solar Project, LLC - Small Renewable Energy Project (Solar)
Tradewind Energy, Inc. (TWE) and
TWE Myrtle Solar Project, LLC have provided notice to the Department of
Environmental Quality of their intent to submit the necessary documentation for
a permit by rule for a small renewable energy solar project. The TWE Myrtle
Solar Project is a 15 megawatt project within the city limits of Suffolk along
Pruden Boulevard (Hwy 460) and will cover approximately 120 acres. The
ground-mounted array will utilize photovoltaic solar modules and single-axis
tracking technology.
Contact Information: Mary E.
Major, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4423,
FAX (804) 698-4510, or email mary.major@deq.virginia.gov.
STATE BOARD OF HEALTH
Notice of Periodic
Review and Small Business Impact Review
Pursuant to Executive Order 17 (2014) and §§ 2.2-4007.1
and 2.2-4017 of the Code of Virginia, the Department of Health is conducting a
periodic review and small business impact review of 12VAC5-590, Waterworks
Regulations.
The review of this regulation will be guided by the principles
in Executive Order 17 (2014).
The purpose of this review is to determine whether this
regulation should be repealed, amended, or retained in its current form. Public
comment is sought on the review of any issue relating to this regulation,
including whether the regulation (i) is necessary for the protection of public
health, safety, and welfare or for the economical performance of important
governmental functions; (ii) minimizes the economic impact on small businesses
in a manner consistent with the stated objectives of applicable law; and (iii)
is clearly written and easily understandable.
The comment period begins May 2, 2016, and ends May 23, 2016.
Comments may be submitted online to the Virginia Regulatory
Town Hall at http://www.townhall.virginia.gov/L/Forums.cfm.
Comments may also be sent to Drew Hammond, Deputy Director, Office of Drinking
Water, Virginia Department of Health, 109 Governor Street, Richmond, VA 23219,
telephone (804) 864-7302, FAX (804) 864-7521, or email drew.hammond@vdh.virginia.gov.
Comments must include the commenter's name and address
(physical or email) information in order to receive a response to the comment
from the agency. Following the close of the public comment period, a report of
both reviews will be posted on the Town Hall and a report of the small business
impact review will be published in the Virginia Register of Regulations.
VIRGINIA LOTTERY
Director's Orders
The following Director's Orders of the Virginia Lottery were
filed with the Virginia Registrar of Regulations on April 11, 2016. The orders
may be viewed at the Virginia Lottery, 900 East Main Street, Richmond, VA, or
at the office of the Registrar of Regulations, 201 North 9th Street, 2nd Floor,
Richmond, VA.
Director's Order Number Thirty-One (16)
Virginia Lottery's "Print 'n Play Retailer Promotion"
Final Rules for Operation (effective May 1, 2016)
Director's Order Number Fifty (16)
Virginia Lottery's "Thank a Teacher" Final Rules for
Operation (effective April 25, 2016)
Director's Order Number Fifty-Seven (16)
Virginia Lottery's "2016 VIP Nascar® Awards Banquet
Giveaway" Promotion Final Rules for Operation (effective April 23, 2016)
Director's Order Number Fifty-Eight (16)
Virginia Lottery's 2016 RIR Torque Club Ticket Giveaway Final
Rules for Operation (effective April 23, 2016)
Director's Order Number Fifty-Nine (16)
Raise the Bar Appreciation Rewards Virginia Lottery Retailer
Incentive Program Requirements (this Director's Order becomes effective on
April 5, 2016, and shall remain in full force and effect until ninety (90) days
after the conclusion of the incentive program, unless otherwise extended by the
Director)
Director's Order Number Sixty
(16)
Certain Virginia Instant Game Lotteries; End of Games.
In accordance with the authority granted by §§ 2.2-4002 B
15 and 58.1-4006 A of the Code of Virginia, I hereby give notice that the
following Virginia Lottery instant games ended effective April 2, 2016:
Virginia Lottery's FastPlay $15,000 Money Mania (164 15)
Virginia Lottery's FastPlay $50,000 Blackjack (165 15)
Virginia Lottery's FastPlay Bankroll Bingo (166 15)
Virginia Lottery's FastPlay Blackjack (11 11)
Virginia Lottery's FastPlay Bonus Bingo (42 09)
Virginia Lottery's FastPlay Crossword (167 15)
Virginia Lottery's FastPlay Dodgeball (130 12)
Virginia Lottery's Fast 50's Hot Slots Doubler (78 15)
Virginia Lottery's FastPlay Find the 9's (14 13)
Virginia Lottery's FastPlay Lucky Bucks (158 15)
This Director's Order becomes effective nunc pro tunc to April
2, 2016, and shall remain in full force and effect unless amended or rescinded
by further Director's Order.
Director's Order Number Sixty-One (16)
Virginia Lottery's "Game Room Promotion" Final Rules
for Operation (effective May 1, 2016)
DEPARTMENT OF MEDICAL ASSISTANCE SERVICES
Notice of Periodic
Review and Small Business Impact Review
Pursuant to Executive Order 17 (2014) and §§ 2.2-4007.1
and 2.2-4017 of the Code of Virginia, the Department of Medical Assistance
Services is conducting a periodic review and small business impact review of 12VAC30-150,
Uninsured Medical Catastrophe Fund.
The review of this regulation will be guided by the principles
in Executive Order 17 (2014).
The purpose of this review is to determine whether this
regulation should be repealed, amended, or retained in its current form. Public
comment is sought on the review of any issue relating to this regulation, including
whether the regulation (i) is necessary for the protection of public health,
safety, and welfare or for the economical performance of important governmental
functions; (ii) minimizes the economic impact on small businesses in a manner
consistent with the stated objectives of applicable law; and (iii) is clearly
written and easily understandable.
The comment period begins April 14, 2016, and ends May 5, 2016.
Comments may be submitted online to the Virginia Regulatory
Town Hall at http://www.townhall.virginia.gov/L/Forums.cfm.
Comments must include the commenter's name and address
(physical or email) information in order to receive a response to the comment
from the agency. Following the close of the public comment period, a report of
both reviews will be posted on the Town Hall and a report of the small business
impact review will be published in the Virginia Register of Regulations.
VIRGINIA CODE COMMISSION
Notice to State Agencies
Contact Information: Mailing Address: Virginia
Code Commission, General Assembly Building, 201 North 9th Street, 2nd
Floor, Richmond, VA 23219; Telephone: Voice (804) 786-3591; Email:
varegs@dls.virginia.gov.
Meeting Notices: Section 2.2-3707 C of the Code of
Virginia requires state agencies to post meeting notices on their websites and
on the Commonwealth Calendar at http://www.virginia.gov/connect/commonwealth-calendar.
Cumulative Table of Virginia Administrative Code Sections
Adopted, Amended, or Repealed: A table listing regulation sections that
have been amended, added, or repealed in the Virginia Register of
Regulations since the regulations were originally published or last
supplemented in the print version of the Virginia Administrative Code is
available at http://register.dls.virginia.gov/documents/cumultab.pdf.
Filing Material for Publication in the Virginia Register
of Regulations: Agencies use the Regulation Information System (RIS) to
file regulations and related items for publication in the Virginia Register
of Regulations. The Registrar's office works closely with the Department of
Planning and Budget (DPB) to coordinate the system with the Virginia Regulatory
Town Hall. RIS and Town Hall complement and enhance one another by sharing
pertinent regulatory information.
ERRATA
STATE BOARD OF HEALTH
Title of Regulation: 12VAC5-481.
Virginia Radiation Protection Regulations.
Publication: 32:17 VA.R. 2340-2388 April 18, 2016
Correction to Final Regulation:
Page 2340, in the parenthetical after "amending"
delete "12VAC5-481-3390 through 12VAC5-481-3450;" and insert "12VAC5-481-3390
through 12VAC5-481-3430, 12VAC5-481-3450;"
VA.R. Doc. No. R16-4305; Filed April 13, 2016