GENERAL NOTICES/ERRATA
Vol. 33 Iss. 24 - July 24, 2017

BOARD FOR THE BLIND AND VISION IMPAIRED

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 Board of the Blind and Vision Impaired is conducting a periodic review and small business impact review of 22VAC45-12, Public Participation Guidelines. 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The purpose of this review is to determine whether this regulation should be repealed, amended, or retained in its current form.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 June 29, 2017, and ends July 31, 2017.

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 Susan Davis Payne, Policy and Training Coordinator, 397 Azalea Avenue, Richmond, VA 23227, telephone (804) 371-3184, FAX (804) 371-3351, or email susan.payne@dbvi.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.

STATE CORPORATION COMMISSION

COMMONWEALTH OF VIRGINIA

STATE CORPORATION COMMISSION

AT RICHMOND, JUNE 29, 2017

COMMONWEALTH OF VIRGINIA, ex rel.

STATE CORPORATION COMMISSION

CASE NO. PUE-2013-00045

Concerning the establishment of a renewable energy
pilot program for third party power purchase agreements

ORDER UPDATING GUIDELINES

On March 14, 2013, the Virginia General Assembly enacted Chapter 382 of the 2013 Virginia Acts of Assembly ("2013 Legislation") requiring the State Corporation Commission ("Commission") to conduct a renewable energy pilot program for third party power purchase agreements within the service territory of Virginia Electric and Power Company and to establish certain guidelines regarding implementation of this pilot program. Pursuant to the 2013 Legislation, on November 14, 2013, the Commission established a pilot program and developed Guidelines Regarding Notice Information for a Third Party Renewable Power Purchase Agreement ("Guidelines").

On April 5, 2017, the Virginia General Assembly approved Chapter 803 of the 2017 Virginia Acts of Assembly ("2017 Amendments"), which, among other things, re-enacted the 2013 Legislation with amendments requiring that a pilot program now be conducted within the certificated service territory of each investor-owned electric utility in Virginia, excepting any utility described in § 56-580 G of the Code of Virginia. As a result, updates to the Applicability and Program Cap Management sections of the Guidelines are necessary.

NOW THE COMMISSION, upon consideration of this matter, is of the opinion and finds that the Guidelines should be updated as set forth in Attachment A to this Order to reflect the 2017 Amendments.1

Accordingly, IT IS ORDERED THAT:

(1) The instant case is moved from "closed" to "active" status in the records maintained by the Clerk of the Commission and is restored to the Commission's docket for the purpose of updating the Commission's Guidelines.

(2) The Guidelines, which were established pursuant to Chapter 382 of the 2013 Virginia Acts of Assembly, are hereby updated as set forth in Attachment A to this Order to reflect the amendments enacted by Chapter 803 of the 2017 Virginia Acts of Assembly.

(3) Any renewable third party power purchase agreement established pursuant to the pilot program shall be established in accordance with these Guidelines and shall comply with the attendant statutory requirements,

(4) This case is dismissed.

AN ATTESTED COPY hereof shall be sent by the Clerk of the Commission to: Senator John S. Edwards, P.O. Box 1179, Roanoke, Virginia 24006; Delegate David E. Yancey, P.O. Box 1163, Newport News, Virginia 23601; Terry G. Kilgore, P.O. Box 669, Gate City, Virginia 24251; David J. Toscano, 211 East High Street, Charlottesville, Virginia 22902; the Department of Environmental Quality, 629 East Main Street, Richmond, Virginia 23219; Horace P. Payne, Jr., Esquire, Dominion Energy Services, Inc., 120 Tredegar Street, Richmond, Virginia 23219; Eric W. Hurlocker, Esquire, GreeneHurlocker, PLC, 1807 Libbie Avenue, Suite 102, Richmond, Virginia 23226; Frank Rambo, Esquire, Southern Environmental Law Center, 103 East Water Street, Suite 201, Charlottesville, Virginia 22902; Kenneth G. Hutcheson, Esquire, Virginia Alternative and Renewable Energy Association, P.O. Box 1320, Richmond, Virginia 23218; Noelle J. Coates, Esquire, American Electric Power Service Corporation, 3 James Center, 1051 East Cary Street, Suite 1100, Richmond, Virginia 23219; Taylor Brown, SunTribe Solar, 108 2nd Street, SW, #10, Charlottesville, Virginia 22902; Ryann Coles, Altenergy Incorporated, 331 North Lewis Street, Staunton, Virginia 24401; and C. Meade Browder, Jr., Esquire, Office of the Attorney General, Division of Consumer Counsel, 202 N. 9th Street, 8th Floor; Richmond, Virginia 23219. A copy also shall be delivered to the Commission's Office of General Counsel and Division of Public Utility Regulation.

____________________________

1 A copy of the Guidelines that highlights the updates included in Attachment A also is attached to this Order as Attachment B. A copy of the Guidelines set forth in Attachment A and Attachment B also may be viewed at http://www.scc.virginia.gov/pur/pilot.aspx.

Attachment A

UPDATED GUIDELINES REGARDING NOTICE INFORMATION FOR A THIRD PARTY RENEWABLE POWER PURCHASE AGREEMENT

A. Purpose.

The Commission is establishing these guidelines pursuant to Chapter 382 of the 2013 Virginia Acts of Assembly ("Chapter 382") regarding a pilot program for third party power purchase agreements for renewable generation. Chapter 382 specifically provides that the State Corporation Commission ("Commission") must establish guidelines concerning (i) information to be provided in written notices and (ii) procedures for collecting and posting information derived from such notices on the Commission's website. In addition, the Commission may establish general guidelines for its administration of the pilot program.

B. Applicability.

These guidelines are applicable to any owner or operator of a solar-powered or windpowered electric generation facility (referred to herein as "owner-operator") located on premises owned or leased by an eligible customer-generator, as defined in § 56-594 of the Code of Virginia, within the certificated service territory of an investor-owned electric utility ("Pilot Utility").1 Such a facility shall have a generation capacity of 50 kW to 1 MW, except that if the eligible customer-generator served by the owner-operator is an entity with tax-exempt status in accordance with § 501(c)3 of the Internal Revenue Code of 1954, as amended, then such facility is not limited by the 50 kW minimum, and can qualify with a generation capacity range of 1 kW to 1 MW. An eligible facility shall provide electricity to only one customer.

The owner-operator shall be permitted to sell the electricity generated from such facility exclusively to such eligible customer-generator under a power purchase agreement to provide such eligible customer-generator third party financing of the costs of such a renewable generation facility. The owner-operator also may be subject to any requirements of its local governing body and the Virginia Department of Environmental Quality.

The pilot program limitation of 50 MW for Dominion Energy Virginia includes participation among jurisdictional and non-jurisdictional customers, and the limitation of 7 MW for Appalachian Power Company targets participation among nonprofit, private institutions of higher education.

C. Filing of Notice.

Any party who intends to enter into a third-party power purchase agreement under the pilot program must provide written notice to the Commission and to the Pilot Utility of the party's intent to enter into such agreement not less than 30 calendar days before the effective date of such agreement.

D. Contents of Filing.

The owner-operator shall provide written notice to the Commission and the Pilot Utility not less than 30 calendar days before the effective date of such agreement and shall include the following information:

• Identity of the owner-operator of the renewable electric generation facility;

• The name, address, and under seal as "confidential" or "extraordinarily sensitive" information, the Pilot Utility electric account number of the eligible customer-generator;

• Location of the premise(s) upon which the renewable electric generation facility will be installed;

• Renewable source of the electric generation facility;

• Generation capacity of the renewable electric generation facility expressed in terms of kWs available for delivery to the end-user stated in alternating current (AC);

• Expected date that the electric generation facility will be placed in service. The term "placed in service" shall have the same meaning as used in 26 USC § 48 of the federal Business Energy Investment Tax Credit for certain renewable energy technologies;

• Duration of the third-party power purchase agreement;

• Proof of § 501(c)3 tax exempt status (when applicable); and

• Under seal as "confidential" or "extraordinarily sensitive" information, the projected installation cost of the renewable electric generation facility, in dollars per Watt (AC). Subsequent to the placed in service date, such projected cost of installation shall be updated for the actual cost of installation.

E. Posting and Tracking.

Within three business days of receiving a written notice of intent, the Commission Staff shall post to its website the cumulative amount of solar-powered generation capacity and, separately, the cumulative amount of wind-powered generation capacity associated with the notice of intent, expressed in kW or MW (AC), and the remaining aggregate capacity available for future pilot projects.

Within three business days of the placed in service date of such facility, the owner operator shall provide written notification of such placed in service date to the Commission and the Pilot Utility. Within three business days of receiving such written notice of the placed in service date, the Commission Staff shall post to its website the cumulative amount of installed solar-powered generation capacity and, separately, the cumulative amount of wind-powered generation capacity, expressed in kW or MW (AC). Simultaneously, the capacity remaining available for future pilot projects also shall be posted. The owner-operator also shall provide written notice to the Commission and the Pilot Utility of any change to the generating capacity of the facility or of the parties to the third party power purchase agreement within three business days of any such change.

On an annual basis, the Pilot Utility shall submit to the Commission under seal as "confidential" or "extraordinarily sensitive" information, a report of the individual and aggregated amount of energy generated (kWhs) and peak capacity (kW) provided from all pilot renewable generation facilities combined, with separate totals for wind pilot projects and solar pilot projects. The Pilot Utility's report also shall identify and quantify any system benefits, such as but not limited to, transmission and distribution system benefits, line loss savings, generation capacity savings, wholesale energy purchase offsets, fuel cost savings, and any economic development and job creation benefits across the region or the Commonwealth.

Subsequent to the Pilot Utility's report, the Commission Staff shall aggregate and post to its website the following information obtained from such report and any information filed by owner-operators, with separate data for wind-powered and solar-powered projects:

• Average projected installation costs of projects in the pilot program, in dollars per Watt (AC);

• Average duration of the third party purchase agreements;

• Total number of customer-generators participating in the pilot program;

• Total number of owner-operators participating in the pilot program; and

• The city and/or county location of projects in the pilot program that have been placed in service.

F. Program Cap Management.

The owner-operator shall fulfill the following requirements and provide written confirmation to the Commission and the Pilot Utility that it has met each requirement:

• The owner-operator must provide a written notice of intent as described in Section C of these guidelines;

• The owner-operator must (i) confirm that it is a party to a fully executed third party power purchase agreement under the pilot program, and (ii) provide the effective date of such agreement, all within 3 business days of such agreement's execution;

• Within 90 calendar days of filing the written notice of intent, the owner-operator must confirm that more than 5% of projected pilot costs have been incurred under a binding written contract as per the Section 461(h) economic performance definitions of the U.S. Treasury Safe Harbor Rules, or that all local permitting and zoning approvals have been secured;

• Within 180 calendar days of filing the written notice of intent, the owner-operator must confirm that more than 25% of pilot projected pilot costs have been incurred under a binding written contract as per the Section 461(h) economic performance definitions of the U.S. Treasury Safe Harbor Rules; and

• Within 270 calendar days of filing the written notice of intent, the owner-operator must confirm that the project has been "placed in service," as that term is used in 26 USC § 48.

Upon receipt of the required confirmations, the Commission Staff shall post to its website the following for informational purposes:

• Date of notice of intent;

• Date of fully executed agreement;

• Effective date of agreement;

• Placed in service date of the renewable generation facility;

• Installed capacity of the renewable generation facility, with separate data for windpowered and solar-powered projects; and

• Available capacity remaining under the 50 MW limit for Dominion Energy Virginia and available capacity remaining under the 7 MW limit for Appalachian Power Company.

The Commission shall review the pilot program in 2015, and every two years thereafter during the existence of the program, to determine whether the statutory limitations on the capacity of generation facilities included in the program should be continued, expanded, or reduced. Before recommending any changes to such statutory limitations, the Commission may solicit input from all interested parties.

_______________________________

1 As described in Chapter 382, the Pilot Utility is an investor-owned electric utility that was bound by a rate case settlement adopted by the Commission that extended in its application beyond January 1, 2002. The utility is Virginia Electric and Power Company d/b/a Dominion Energy Virginia. Pursuant to Chapter 803 of the 2017 Virginia Acts of Assembly, this pilot program is expanded to include an investor-owned electric utility that was not bound by a rate case settlement adopted by the Commission that extended in its application beyond January 1, 2002, identified as Appalachian Power Company, and that such expansion expires on July 1, 2022.

Attachment B

UPDATED GUIDELINES REGARDING NOTICE INFORMATION FOR A THIRD PARTY RENEWABLE POWER PURCHASE AGREEMENT

A. Purpose.

The Commission is establishing these guidelines pursuant to Chapter 382 of the 2013 Virginia Acts of Assembly ("Chapter 382") regarding a pilot program for third party power purchase agreements for renewable generation. Chapter 382 specifically provides that the State Corporation Commission ("Commission") must establish guidelines concerning (i) information to be provided in written notices and (ii) procedures for collecting and posting information derived from such notices on the Commission's website. In addition, the Commission may establish general guidelines for its administration of the pilot program.

B. Applicability.

These guidelines are applicable to any owner or operator of a solar-powered or wind-powered electric generation facility (referred to herein as "owner-operator") located on premises owned or leased by an eligible customer-generator, as defined in § 56-594 of the Code of Virginia, within the certificated service territory of an investor-owned electric utility ("Pilot Utility").1 Such a facility shall have a generation capacity of 50 kW to 1 MW, except that if the eligible customer-generator served by the owner-operator is an entity with tax-exempt status in accordance with § 501(c)3 of the Internal Revenue Code of 1954, as amended, then such facility is not limited by the 50 kW minimum, and can qualify with a generation capacity range of 1 kW to 1 MW. An eligible facility shall provide electricity to only one customer.

The owner-operator shall be permitted to sell the electricity generated from such facility exclusively to such eligible customer-generator under a power purchase agreement to provide such eligible customer-generator third party financing of the costs of such a renewable generation facility. The owner-operator also may be subject to any requirements of its local governing body and the Virginia Department of Environmental Quality.

The pilot program limitation of 50 MW for Dominion Energy Virginia includes participation among jurisdictional and non-jurisdictional customers, and the limitation of 7 MW for Appalachian Power Company targets participation among nonprofit, private institutions of higher education.

C. Filing of Notice.

Any party who intends to enter into a third-party power purchase agreement under the pilot program must provide written notice to the Commission and to the Pilot Utility of the party's intent to enter into such agreement not less than 30 calendar days before the effective date of such agreement.

D. Contents of Filing.

The owner-operator shall provide written notice to the Commission and the Pilot Utility not less than 30 calendar days before the effective date of such agreement and shall include the following information:

• Identity of the owner-operator of the renewable electric generation facility;

• The name, address, and under seal as "confidential" or "extraordinarily sensitive" information, the Pilot Utility electric account number of the eligible customer-generator;

• Location of the premise(s) upon which the renewable electric generation facility will be installed;

• Renewable source of the electric generation facility;

• Generation capacity of the renewable electric generation facility expressed in terms of kWs available for delivery to the end-user stated in alternating current (AC);

• Expected date that the electric generation facility will be placed in service. The term "placed in service" shall have the same meaning as used in 26 USC § 48 of the federal Business Energy Investment Tax Credit for certain renewable energy technologies;

• Duration of the third-party power purchase agreement;

• Proof of § 501(c)3 tax exempt status (when applicable); and

• Under seal as "confidential" or "extraordinarily sensitive" information, the projected installation cost of the renewable electric generation facility, in dollars per Watt (AC). Subsequent to the placed in service date, such projected cost of installation shall be updated for the actual cost of installation.

E. Posting and Tracking.

Within three business days of receiving a written notice of intent, the Commission Staff shall post to its website the cumulative amount of solar-powered generation capacity and, separately, the cumulative amount of wind-powered generation capacity associated with the notice of intent, expressed in kW or MW (AC), and the remaining aggregate capacity available for future pilot projects.

Within three business days of the placed in service date of such facility, the owner-operator shall provide written notification of such placed in service date to the Commission and the Pilot Utility. Within three business days of receiving such written notice of the placed in service date, the Commission Staff shall post to its website the cumulative amount of installed solar-powered generation capacity and, separately, the cumulative amount of wind-powered generation capacity, expressed in kW or MW (AC). Simultaneously, the capacity remaining available for future pilot projects also shall be posted. The owner-operator also shall provide written notice to the Commission and the Pilot Utility of any change to the generating capacity of the facility or of the parties to the third party power purchase agreement within three business days of any such change.

On an annual basis, the Pilot Utility shall submit to the Commission under seal as "confidential" or "extraordinarily sensitive" information, a report of the individual and aggregated amount of energy generated (kWhs) and peak capacity (kW) provided from all pilot renewable generation facilities combined, with separate totals for wind pilot projects and solar pilot projects. The Pilot Utility's report also shall identify and quantify any system benefits, such as but not limited to, transmission and distribution system benefits, line loss savings, generation capacity savings, wholesale energy purchase offsets, fuel cost savings, and any economic development and job creation benefits across the region or the Commonwealth.

Subsequent to the Pilot Utility's report, the Commission Staff shall aggregate and post to its website the following information obtained from such report and any information filed by owner-operators, with separate data for wind-powered and solar-powered projects:

• Average projected installation costs of projects in the pilot program, in dollars per Watt (AC);

• Average duration of the third party purchase agreements;

• Total number of customer-generators participating in the pilot program;

• Total number of owner-operators participating in the pilot program; and

• The city and/or county location of projects in the pilot program that have been placed in service.

F. Program Cap Management.

The owner-operator shall fulfill the following requirements and provide written confirmation to the Commission and the Pilot Utility that it has met each requirement:

• The owner-operator must provide a written notice of intent as described in Section C of these guidelines; • The owner-operator must (i) confirm that it is a party to a fully executed third party power purchase agreement under the pilot program, and (ii) provide the effective date of such agreement, all within 3 business days of such agreement's execution;

• Within 90 calendar days of filing the written notice of intent, the owner-operator must confirm that more than 5% of projected pilot costs have been incurred under a binding written contract as per the Section 461(h) economic performance definitions of the U.S. Treasury Safe Harbor Rules, or that all local permitting and zoning approvals have been secured;

• Within 180 calendar days of filing the written notice of intent, the owner-operator must confirm that more than 25% of pilot projected pilot costs have been incurred under a binding written contract as per the Section 461(h) economic performance definitions of the U.S. Treasury Safe Harbor Rules; and

• Within 270 calendar days of filing the written notice of intent, the owner-operator must confirm that the project has been "placed in service," as that term is used in 26 USC § 48.

Upon receipt of the required confirmations, the Commission Staff shall post to its website the following for informational purposes:

• Date of notice of intent;

• Date of fully executed agreement;

• Effective date of agreement;

• Placed in service date of the renewable generation facility;

• Installed capacity of the renewable generation facility, with separate data for wind-powered and solar-powered projects; and

• Available capacity remaining under the 50 MW limit for Dominion Energy Virginia and available capacity remaining under the 7 MW limit for Appalachian Power Company.

The Commission shall review the pilot program in 2015, and every two years thereafter during the existence of the program, to determine whether the statutory limitations on the capacity of generation facilities included in the program should be continued, expanded, or reduced. Before recommending any changes to such statutory limitations, the Commission may solicit input from all interested parties.

_________________________

1 As described in Chapter 382, the Pilot Utility is an investor-owned electric utility that was bound by a rate case settlement adopted by the Commission that extended in its application beyond January 1, 2002. The utility is Virginia Electric and Power Company d/b/a Dominion Energy Virginia-Power. Pursuant to Chapter 803 of the 2017 Virginia Acts of Assembly. This pilot program is expanded to include -an investor-owned electric utility that was not bound by a rate case settlement adopted by the Commission that extended in its application beyond January 1, 2002, identified as Appalachian Power Company, and that such expansion expires on July I, 2022.

DEPARTMENT OF ENVIRONMENTAL QUALITY

Meherrin Solar, LLC Notice of Intent for Small Renewable Energy (Solar) Project Permit by Rule - Brink, Greensville County

Meherrin Solar LLC, a wholly-owned subsidiary of Brookfield Renewable, has provided to the Department of Environmental Quality a notice of intent to submit the necessary documentation for a permit by rule for a small renewable energy project (solar) in Brink, Virginia. The project is located on the west side of Pine Log Road and south of Brink Road in Greensville County. The project will be sited on roughly 530 acres across multiple parcels. The solar array will connect up to 60 megawatts alternating current to Dominion Virginia Power's grid via a new 115-kilovolt substation built off of a nearby Dominion owned transmission line. The project will conceptually use 231,500 345-watt standard photovoltaic solar panels on a single axis tracker to follow the sun throughout the day. NOTE: This project was previously noticed for SolUnesco LLC, the previous owner, in the 32:2 VA.R. 290-291 September 21, 2015.

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.

Otter Creek Solar, LLC Notice of Intent for Small Renewable Energy (Solar) Project Permit by Rule - Chase City, Mecklenburg County

Otter Creek Solar, LLC has provided the Department of Environmental Quality a notice of intent to submit the necessary documentation for a permit by rule for a small renewable energy project (solar) in Chase City, Virginia. The project is located approximately three miles west of Chase City, on the north side and south side of Spanish Grove Road in Mecklenburg County. The project will be sited on roughly 690 acres across multiple parcels. The solar array will connect 60 megawatts alternating current to Dominion Virginia Power's grid via a new 115-kilovolt substation built off of a nearby Dominion owned transmission line. The project will conceptually use 231,500 345-watt standard photovoltaic solar panels on a single axis tracker to follow the sun throughout the day. NOTE: The project was previously noticed by SolUnesco, prior owner, in the 32:20 VA.R. 2514 May 30, 2016.

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.

VIRGINIA LOTTERY

Director's Orders

The following Director's Orders of the Virginia Lottery were filed with the Virginia Registrar of Regulations on July 5, 2017. The orders may be viewed at the Virginia Lottery, 600 East Main Street, Richmond, Virginia, or at the office of the Registrar of Regulations, 900 East Main Street, 11th Floor, Richmond, Virginia.

Director's Order Number One Hundred Six (17)

Virginia Lottery's Computer-Generated Game "Print 'n Play Blackjack Classic" Final Rules for Game Operation (effective July 9, 2017)

Director's Order Number One Hundred Seven (17)

Virginia Lottery's Computer-Generated Game "Print 'n Play Bulls Eye Bingo" Final Rules for Game Operation (effective July 9, 2017)

Director's Order Number One Hundred Eight (17)

Virginia Lottery's Computer-Generated Game "Print 'n Play Horoscope Crossword" Final Rules for Game Operation (effective July 9, 2017)

Director's Order Number One Hundred Nine (17)

Virginia Lottery's Computer-Generated Game "Print 'n Play Money Bag Crossword" Final Rules for Game Operation (effective July 9, 2017)

Director's Order Number One Hundred Ten (17)

Virginia Lottery's Computer-Generated Game "Print 'n Play Rockin' Bingo" Final Rules for Game Operation (effective July 9, 2017)

Director's Order Number One Hundred Eleven (17)

Virginia Lottery's "Publix Grand Opening Bogo" Retailer Incentive Promotion (this Director's Order becomes effective on July 15, 2017, and shall remain in full force and effect through the end date of the incentive promotion, unless otherwise extended by the Director)

Director's Order Number One Hundred Fourteen (17)

Virginia Lottery's Scratch Game 1804 "White Hot 5's" Final Rules for Game Operation (effective July 3, 2017)

Director's Order Number One Hundred Fifteen (17)

Virginia Lottery's Scratch Game 1830 "Loose Change" Final Rules for Game Operation (effective July 3, 2017)

DEPARTMENT OF MEDICAL ASSISTANCE SERVICES

Reimbursement Changes Affecting Supplemental Payments to Qualifying Private Hospitals

Notice of Intent to Amend the Virginia State Plan for Medical Assistance (Pursuant to § 1902(a)(13) of the Social Security Act (USC § 1396a(a)(13)))

Public comment period: June 28, 2017, through July 28, 2017.

The Virginia Department of Medical Assistance Services (DMAS) hereby affords the public notice of its intention to amend the Virginia State Plan for Medical Assistance to provide for changes to the Methods and Standards for Establishing Payment Rates—Inpatient Hospital Services (12VAC30-70) and Methods and Standards for Establishing Payment Rates – Other Types of Care (12VAC30-80).

This notice is intended to satisfy the requirements of 42 CFR 447.205 and of § 1902(a)(13) of the Social Security Act, 42 USC § 1396a(a)(13). A copy of this notice is available for public review from William Lessard, Provider Reimbursement Division, Department of Medical Assistance Services, 600 Broad Street, Suite 1300, Richmond, VA 23219, or via email at william.lessard@dmas.virginia.gov.

DMAS is specifically soliciting input from stakeholders, providers, and beneficiaries on the potential impacts of the proposed changes to institutional provider payment methodologies, particularly the potential impact on access to care. Comments or inquiries may be submitted, in writing, within 30 days of this notice publication to Mr. Lessard and such comments are available for review upon request. Comments may also be submitted, in writing, on the Virginia Regulatory Town Hall public comment forum attached to this notice and this notice is available for public review on the General Notices page at https://townhall.virginia.gov/L/generalnotice.cfm.

Reimbursement Changes Affecting Supplemental Payments to Qualifying Private Hospitals

DMAS is removing language from the State Plan related to quarterly supplemental payments for qualifying private hospitals for inpatient and outpatient services rendered during the quarter. No payments have been made under the current State Plan provision because funding has not been authorized.

There will be no decrease in actual expenditures.

Contact Information: Emily McClellan, Regulatory Manager, Division of Policy and Research, 600 East Broad Street, Suite 1300, Richmond, VA 23219, telephone (804) 371-4300, FAX (804) 786-1680, TDD (800) 343-0634, or email emily.mcclellan@dmas.virginia.gov.

VIRGINIA WASTE MANAGEMENT BOARD

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Virginia Waste Management Board conducted a small business impact review of 9VAC20-11, Public Participation Guidelines, and determined that this regulation should be retained in its current form. The Virginia Waste Management Board is publishing its report of findings dated June 7, 2017, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

The current regulation continues to be needed. The regulation explains how the public will be notified and how input will be sought, explains the use of advisory panels, and details the public participation process during regulatory actions. The regulation is explanatory in nature and does not place any additional regulatory burden on the regulated community including small businesses.

Contact Information: Melissa Porterfield, Office of Regulatory Affairs, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4238, FAX (804) 698-4019, or email melissa.porterfield@deq.virginia.gov.

STATE WATER CONTROL BOARD

Proposed Enforcement Action for Northumberland County

An enforcement action has been proposed for Northumberland County for violations at the Callao wastewater treatment plant. The enforcement action requires the county to take corrective action to address exceedances of total recoverable zinc effluent limitations contained in the county's Virginia Pollutant Discharge Elimination System permit. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Kathleen O'Connell will accept comments by email at kathleen.oconnell@deq.virginia.gov, by FAX at (804) 698-4277, or by postal mail at the Virginia Department of Environmental Quality, 629 East Main Street, Richmond, VA 23223, from July 24, 2017, through August 23, 2017.

Proposed Enforcement Action for Traveler's Inn

An enforcement action has been proposed for Dinesh Patel for violations at the Traveler's Inn wastewater treatment plant located in Petersburg, Virginia. The enforcement action requires Mr. Patel to take corrective action to address violations of the effluent limitations and other conditions of his Virginia Pollutant Discharge Elimination System permit. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Kathleen O'Connell will accept comments by email at kathleen.oconnell@deq.virginia.gov, by FAX at (804) 698-4277, or by postal mail at the Virginia Department of Environmental Quality, 629 East Main Street, Richmond, VA 23223, from July 24, 2017, through August 23, 2017

Proposed Enforcement Action for Scrap 58, Inc.

An enforcement action has been proposed for Scrap 58, Inc. for violations of the State Water Control Law in Chesapeake, Virginia. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Jennifer Coleman, Esq. will accept comments by email at jennifer.coleman@deq.virginia.gov, FAX at (757) 518-2009, or postal mail at Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Boulevard, Virginia Beach, VA 23462, from July 24, 2017, to August 23, 2017.

VIRGINIA CODE COMMISSION

Notice to State Agencies

Contact Information: Mailing Address: Virginia Code Commission, Pocahontas Building, 900 East Main Street, 8th Floor, Richmond, VA 23219; Telephone: (804) 698-1810; 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 https://commonwealthcalendar.virginia.gov.

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

DEPARTMENT OF MEDICAL ASSISTANCE SERVICES

Title of Regulation: 12VAC30-40. Eligibility Conditions and Requirements.

Publication: 33:23 VA.R. 2536 July 10, 2017.

Correction to Notice of Withdrawal:

Page 2536, line four of announcement, after "as published in"

replace "34:21" with "33:21"

VA.R. Doc. No. R17-4396; Filed July 6, 2017.