DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

2017 Annual Report on the Agricultural Stewardship Act

The Commissioner of Agriculture and Consumer Services announces the availability of the annual report on the Agricultural Stewardship Act for the program year April 1, 2016, through March 31, 2017. Copies of this report can be obtained by contacting the individual named below. The report can also be obtained by accessing the department's website at http://www.vdacs.virginia.gov/conservation-and-environmental-agricultural-stewardship.shtml. A written request may be sent to: Virginia Department of Agriculture and Consumer Services, Office of Policy, Planning, and Research, P. O. Box 1163, Richmond, VA 23218. Copies of the report are available without charge.

Contact Information: Katherine Coates, Virginia Department of Agriculture and Consumer Services, P. O. Box 1163, Richmond, VA 23218, telephone (804) 786-3538 or email katherine.coates@vdacs.virginia.gov.

STATE BOARD OF HEALTH

Availability of Title V Maternal and Child Health Services Block Grant for Public Comment

In accordance with §§ 505(a) and 506(a) of Title V of the Social Security Act, VDH has prepared and hereby makes available for public comment the Commonwealth of Virginia's FY2018 Application/FY2016 Annual Report for the Title V Maternal and Child Health (MCH) Services Block Grant.

Title V MCH Services Block Grant funds are used to improve the health of women, infants, and children in Virginia, with emphasis on women of child-bearing age, low-income populations, and those who do not have access to health care. Details on the agency's MCH programs and services are available at http://www.vdh.virginia.gov/vdhlivewell/maternal-and-child-health-services-title-v-block-grant.

VDH invites the public to submit written comments via email to carla.hegwood@vdh.virginia.gov or by mail to: Virginia Department of Health, Attn: Carla Hegwood, Division of Child and Family Health, 109 Governor Street, Suite 919B, Richmond, VA 23219.

Comments will be accepted until 5 p.m. on Friday, September 22, 2017. Thereafter, the final application will continue to be publically available at http://www.vdh.virginia.gov/vdhlivewell/maternal-and-child-health-services-title-v-block-grant.

Contact Information: Carla Hegwood, Title V Maternal and Child Health Block Grant Coordinator, Virginia Department of Health, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7674, or email carla.hegwood@vdh.virginia.gov.

DEPARTMENT OF LABOR AND INDUSTRY

Public Hearing for Proposed Regulation
16VAC25-60, Administrative Regulation for the Virginia Occupational Safety and Health Program

A public hearing has been scheduled for the proposed regulation 16VAC25-60, Administrative Regulation for the Virginia Occupational Safety and Health Program (amending 16VAC25-60-10, 16VAC25-60-20, 16VAC25-60-30, 16VAC25-60-260, 16VAC25-60-270, 16VAC25-60-280), as stated in 34:1 VA.R. 104-111 September 4, 2017. The public hearing will be held by the Department of Labor and Industry on October 26, 2017, at 10 a.m. at the Main Street Centre, 600 East Main Street, Richmond, VA 23219, 12th Floor Conference Room-South.

Contact Information: Regina P. Cobb, Senior Management Analyst, Department of Labor and Industry, 600 East Main Street, Richmond, VA 23219, telephone (804) 786-0610, or email regina.cobb@doli.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 August 30, 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 Sixteen (17)

Virginia Lottery's "Sheetz Mega Sub Promotion" Final Rules For Operation (This Director's Order becomes effective on August 23, 2017, and shall remain in full force and effect through the end Promotion date unless amended or rescinded by further Director's Order)

Director's Order Number One Hundred Eighteen (17)

Virginia Lottery's "Redskins Hospitality Tickets Incentive Retailer Incentive" (This Director's Order becomes effective on September 1, 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 Twenty-Three (17)

Virginia Lottery's Scratch Game 1806 "Spooky Cash" Final Rules For Game Operation (effective August 4, 2017)

Director's Order Number One Hundred Twenty-Four (17)

Virginia Lottery's Scratch Game 1773 "Jewel 7's" Final Rules For Game Operation (effective August 4, 2017)

Director's Order Number One Hundred Twenty-Five (17)

Virginia Lottery "Holiday Cheer Extra 1% Commission Retailer Incentive Promotion" (This Director's Order becomes effective on November 7, 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 Twenty-Nine (17)

Virginia Lottery's Scratch Game 1831 "Tic Tac Toe" Final Rules For Game Operation (effective August 4, 2017)

Director's Order Number One Hundred Thirty (17)

Virginia Lottery's Scratch Game 1838 "$70 Million Cash Blowout" Final Rules For Game Operation (effective August 10, 2017)

Director's Order Number One Hundred Thirty-Two (17)

Virginia Lottery's Scratch Game 1787 "Fast Cash Crossword" Final Rules For Game Operation (effective August 22, 2017)

Director's Order Number One Hundred Thirty-Three (17)

Virginia Lottery's Scratch Game 1818 "5x The Money" Final Rules For Game Operation (effective August 23, 2017)

BOARD OF MEDICAL ASSISTANCE SERVICES

Multiple Provider Manual Drafts for Stakeholder Input

The draft versions of Chapter V and Appendices A, C, and D of the manuals listed below are posted on the DMAS website for public comment through September 29, 2017. To view the drafts, please go to http://www.dmas.virginia.gov/Content_pgs/pd-pmnl.aspx.

The finalized versions of the manuals will be officially posted by October 6, 2017, on the DMAS Web Portal.

Contact Information: Emily McClellan, Regulatory Manager, Division of Policy and Research, Department of Medical Assistance Services, 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.

Scheduling for the Medicaid Appeals Workgroup

Pursuant to Item 306 WW 3 of Chapter 836 of the 2017 Acts of Assembly the Virginia Department of Medical Assistance Services has convened a workgroup with representatives from the provider community, the legal community and the Office of Attorney General that is titled the Medicaid Appeals Workgroup. The workgroup shall develop a plan to avoid or adjust retractions or for nonmaterial breaches of the Provider Participation Agreement when the provider has substantially complied with the Provider Participation Agreement. The plan as developed shall include an assessment of any administrative financial impact the plan will have on the department and an analysis of any implications for the department's efforts to combat fraud, waste, and abuse. The department conducted an introductory meeting on July 11, 2017, and is now conducting a working meeting.

A final meeting in which the department presents the workgroup's plan shall be held after the working meeting. Public comment will be held at both meetings and written comments will be accepted by the department throughout the tenure of the workgroup.

The working meeting shall be held on September 11, 2017, from 1:30 p.m. until 3:30 p.m. at the Department of Medical Assistance Services, 600 East Broad Street, Rooms 7 A & B, Richmond, Virginia 23219.

Public comments concerning the issues addressed by the Medicaid Appeals Workgroup may be submitted at any time prior to the close of the 10th day following the final workgroup meeting.

Contact Information: Susan Puglisi, Senior Policy Advisor, 600 East Broad Street, Richmond, VA 23219, telephone (804) 225-2726, or email susie.puglisi@dmas.virginia.gov.

STATE BOARD OF SOCIAL SERVICES

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the State Board of Social Services conducted a small business impact review of 22VAC40-690, Virginia Child Care Provider Scholarship Program, and determined that this regulation should be retained in its current form. The State Board of Social Services is publishing its report of findings dated August 16, 2017, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

1. Child care providers are typically low-income earners and need financial assistance to take college courses to improve their knowledge and skills in child development and early education. With the increasing market-driven need for child care providers to earn formal education degrees, the need exists for financial help for these low-income earners. Research proves that having educated child care teachers is the single, most influential factor that positively impacts the level of quality of a child care program. There are over 100,000 child care small businesses in the Commonwealth.

2. To date, we have only received complaints from the public when the federal funds have been exhausted before the need is met.

3. The regulation is clear and concise, covering all parts of the scholarship program: eligibility, benefits, and consequences.

4. The regulation does not overlap, duplicate, or conflict with federal or state law or regulation.

5. This regulation was last revised in 2013. Since that time, the Virginia Child Care Provider Scholarship Program developed an online database to streamline the application process and automate communication with the applicants. This has saved the state administrative time and money.

The regulation is being retained with no change because no needed changes were identified. Repealing this regulation would have a negative economic impact on Virginia's institutions of higher education (mainly the community colleges), and the child care industry and would contribute to low quality early education, having an overall negative economic impact on society (Grunewald and Rolnick, July 2010).

Contact Information: Stephanie Daniel, Training and Education Consultant, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 726-7457, FAX (804) 726-7655, email stephanie.daniel@dss.virginia.gov.

STATE WATER CONTROL BOARD

Proposed Consent Order for Commonwealth Recycled Aggregates, Inc.

An enforcement action has been proposed for Commonwealth Recycled Aggregates, Inc. for violations of the State Water Control Law and regulations at the Commonwealth Recycled Aggregates, Inc. facility located in Prince William County, Virginia. The State Water Control Board proposes to issue a consent order to resolve violations associated with the Commonwealth Recycled Aggregates, Inc. facility. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Stephanie Bellotti will accept comments by email at stephanie.bellotti@deq.virginia.gov or postal mail at Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, from September 19, 2017, through October 19, 2017.

Proposed Enforcement Action for Elling Enterprises, Inc.

An enforcement action has been proposed for Elling Enterprises, 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 September 18, 2017, to October 18, 2017.

Proposed Enforcement Action for Empire Services, Inc.

An enforcement action has been proposed for Empire Services, Inc. for violations of the State Water Control Law in Suffolk and James City County, 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 September 18, 2017, to October 18, 2017.

VIRGINIA INFORMATION TECHNOLOGIES AGENCY

Proposed IMSAC Guidance Documents on Certification of Trust Framework Operators and Trustmarks for Digital Identity Management

Notice of action: The Virginia Information Technologies Agency (VITA) is announcing an opportunity for public comment on two proposed guidance documents that were developed by the Identity Management Standards Advisory Council (IMSAC) pursuant to § 2.2-437 of the Code of Virginia.

The Identity Management Standards Advisory Council was established to advise the Secretary of Technology on the adoption of identity management standards and the creation of guidance documents pursuant to § 2.2-436 of the Code of Virginia.

Regulations affected: There are no regulations affected or proposed by this action.

Purpose of notice: IMSAC is seeking comment on whether the two proposed guidance documents should be submitted as is, or if revisions should be made before the final posting.

The guidance documents were developed by IMSAC acting on behalf of the Secretary of Technology. IMSAC was created by the Virginia General Assembly in 2015 and advises the Secretary of Technology on the adoption of identity management standards and the creation of guidance documents pursuant to § 2.2-436 of the Code of Virginia.

The Advisory Council recommends to the Secretary of Technology guidance documents relating to (i) nationally recognized technical and data standards regarding the verification and authentication of identity in digital and online transactions; (ii) the minimum specifications and standards that should be included in an identity trust framework, as defined in § 59.1-550 of the Code of Virginia, so as to warrant liability protection pursuant to the Electronic Identity Management Act (§ 59.1-550 et seq.); and (iii) any other related data standards or specifications concerning reliance by third parties on identity credentials, as defined in § 59.1-550 of the Code of Virginia.

Purpose Statement for the Certification of Trust Framework Operators Guidance Document:

This guidance document was developed by IMSAC and recommended to the Secretary of Technology to provide information or guidance of general applicability to the public for interpreting or implementing the Electronic Identity Management Act (the Act). Specifically, the document establishes criteria and recommended processes for certifying compliance with the Commonwealth's identity management minimum specifications and standards adopted pursuant to § 2.2-436 of the Code of Virginia.

The document provides a reference for criteria that must be met to certify compliance of identity trust framework operators. The document assumes a specific identity trust framework will address the business, legal, and technical requirements for each distinct digital identity system; these requirements will be designed based on the specific assurance model supported by the system; and the identity trust framework will be compliant with applicable laws, regulations, and statutes.

This guidance document focuses on certification, certification criteria, and requirements for certification authorities to qualify as eligible to perform certifications pursuant to the Act. Separate IMSAC guidance documents in this series define minimum specifications for other components of a digital identity system.

Purpose Statement for the Trustmarks for Digital Identity Management Guidance Document:

This guidance document was developed by IMSAC, and recommended to the Secretary of Technology, to provide information or guidance of general applicability to the public for interpreting or implementing the Electronic Identity Management Act (the Act). Specifically, the document establishes minimum specifications and standards for trustmarks in digital identity systems, pursuant to the Act.

The minimum specifications and standards defined in this document have been developed to align with international standards, specifically Regulation (EU) No. 910/2014 of the European Parliament and of the Council of 23 July 2014. Reference also has been given to the trustmark framework and governance model developed by the Georgia Tech Research Institute (GTRI) during its pilot project under the National Strategy for Trusted Identities in Cyberspace (NSTIC).

The document assumes an identity trust framework will address the business, legal, and technical requirements for each distinct digital identity system. The document focuses on trustmarks for identity trust framework operators and digital identity systems. Separate IMSAC guidance documents in this series define minimum specifications for other components of a digital identity system.

The proposed guidance documents are also available with comments and proposed changes by IMSAC on the VITA website at http://www.vita.virginia.gov/default.aspx?id=6442474172.

Public comment period: September 18, 2017, through October 24, 2017.

Public hearing: A public meeting will be held on October 24, 2017, at 11 a.m. The meeting will be held at the Commonwealth Enterprise Solutions Center, 11751 Meadowville Lane, Room 1222, Chester, VA 23836.

Public comment stage: The two guidance documents were developed by IMSAC and are being posted as general notices pursuant to § 2.2-437 C of the Code of Virginia. Proposed guidance documents and general opportunity for oral or written submittals as to those guidance documents shall be posted on the Virginia Regulatory Town Hall and published in the Virginia Register of Regulations as a general notice following the processes and procedures set forth in § 2.2-4031 B of the Virginia Administrative Process Act (§ 2.2-4000 et seq.). The Advisory Council shall allow at least 30 days for the submission of written comments following the posting and publication and shall hold at least one meeting dedicated to the receipt of oral comment no less than 15 days after the posting and publication.

For the purpose of defining the timeframe for public participation and comment, VITA is defining "days" as "calendar days."  IMSAC will receive public comment at its October 24, 2017, meeting. For additional information in the definition of "days," please reference page 6 of 15 of VITA's Information Technology Resource Management (ITRM), Policies, Standards and Guidelines (PSGs) Briefs and Supporting Documents found here at https://www.vita.virginia.gov/uploadedFiles/VITA_Main_Public/Library/PSGs/ITRMPSG_Brief_Supportdocs.pdf.

IMSAC will hold a dedicated meeting to public comment on October 24, 2017. Meeting details will be posted on the Commonwealth Calendar and the VITA website at http://www.vita.virginia.gov/default.aspx?id=6442474172.

Description of proposal: The proposed guidance documents are being posted for review by the general public with an opportunity for public comment.

How to comment: IMSAC accepts written comments by email 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 VITA by the last day of the comment period. All materials received are part of the public record.

To review regulation documents: The proposed guidance documents and any supporting documents are available on the VITA website at http://www.vita.virginia.gov/default.aspx?id=6442474172. The documents may also be obtained by contacting the VITA representative named below.

Contact Information: Janice Akers, Virginia Information Technologies Agency, 11751 Meadowville Lane, Chester, VA 23836, telephone (804) 416-6083, or email janice.akers@vita.virginia.gov.

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

VIRGINIA BOARD FOR ASBESTOS, LEAD, AND HOME INSPECTORS

Title of Regulation: 18VAC15-20. Virginia Asbestos Licensing Regulations.

Publication: 34:1 VA.R. 111 - 121 September 4, 2017.

Correction to Proposed Regulation:

Page 120, 18VAC15-20-53, column 2, line 6:

beginning of line, replace "$45" with "$55"

VA.R. Doc. No. R17-4855; Filed September 7, 2017.