GENERAL NOTICES/ERRATA
Vol. 35 Iss. 19 - May 13, 2019

DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES

Approved Variance 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

Notice of action: The Department of Behavioral Health and Developmental Services (DBHDS), in accordance with Part VI, Variances (12VAC35-115-220), of 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), hereafter referred to as the "Human Rights Regulations," is announcing a decision by the State Human Rights Committee (SHRC) on an application for proposed variance to the Human Rights Regulations. The purpose of the regulations is to ensure and protect the legal and human rights of individuals receiving services in facilities or programs operated, licensed, or funded by DBHDS.

Each variance application references the specific part of the Human Rights Regulations to which a variance is needed, the proposed wording of the substitute rule or procedure, and the justification for a variance. Such application also describes time limits and other conditions for duration and the circumstances that will end the applicability of the variance. All variances shall be approved for a specific time period. Variances to the Human Rights Regulations by the listed facility are reviewed by the SHRC at least annually, with reports to the SHRC regarding the variance as requested.

The variances must comply with the general requirements of Part VI, Variances (12VAC35-115-220), of the Human Rights Regulations.

Purpose of notice: After considering all available information, at its meeting on April 18, 2019, the SHRC voted to approve the application for variance to the Human Rights Regulations for the Virginia Center for Behavioral Rehabilitation (VCBR). A public comment period was held February 18, 2019, through March 19, 2019. No comments were received. The variance was approved for a two-year period with an annual update to the SHRC.

Variance to Procedures for Restrictions on Freedoms of Everyday Life:

Requirements for the imposition of restrictions: This variance permits VCBR to place a resident on restrictions temporarily, without first meeting the criteria set forth in 12VAC35-115-100 B 3 a through B 3 e, if a resident displays behavior that is determined to be an immediate threat to the safety and security of the facility or the community.

Explanation: Individuals deemed by the court to be "sexually violent predators" may engage in behavior that requires an immediate response to ensure the safety of individuals in the facility and the community. An appropriate response may be an immediate restriction on the freedoms of everyday life as outlined in 12VAC35-115-100 A 1 a through A 1 g. The immediate need to protect the safety and security of the facility or the community may be jeopardized by the process outlined in 12VAC35-115-100 B 3 a through B 3 e. 

When immediate restrictions are imposed to ensure the safety and security of the facility or the community, such restrictions shall be in effect only until the next business day that the restricted resident's treatment team is able to meet, review the imposed restriction, and meet the requirements set forth in 12VAC35-115-100 B 3 a through B 3 e.

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.

STATE CORPORATION COMMISSION

Bureau of Insurance

TO: All Licensed Property and Casualty Insurers except those Licensed Exclusively to Write Workers' Compensation Insurance; All Rate Service Organizations; All Life and Health Insurers Licensed to Write Accident and Sickness Insurance; All Interested Parties

RE: House Bill 2186 and Senate Bill 1565 - Filing Requirements for Property and Casualty Travel Insurance

The General Assembly passed House Bill 2186 and Senate Bill 1565 relating to the regulation of travel insurance. The legislation adds subsection D, "travel insurance," to § 38.2-126 (marine classification of insurance) and amends Article 9 of Chapter 18 of Title 38.2 of the Code of Virginia (Code).

The legislation is effective for travel insurance purchased on or after July 1, 2019 and is defined in § 38.2-1887 as follows:

Insurance coverage for personal risks incident to planned travel, including (i) interruption or cancellation of trip or event; (ii) loss of baggage or personal effects; (iii) damages to accommodations or rental vehicles; (iv) emergency evacuation; (v) repatriation of remains; or (vi) any other contractual obligations to indemnify or pay a specified amount to the traveler upon determinable contingencies related to travel as approved by the Commission.

"Travel insurance" may include appropriate provisions obligating the insurer to pay medical, hospital, surgical, and funeral expenses arising out of the death, dismemberment, sickness, or injury of any person, and death and dismemberment benefits in the event of death or dismemberment, if the death, dismemberment, sickness, or injury is caused by or is incidental to a cause of loss insured under the policy.

"Travel insurance" does not include major medical plans that provide comprehensive medical protection for travelers with trips lasting longer than six months, including those working or residing overseas as an expatriate.

Travel insurance, as included within the marine classification of insurance in § 38.2-126, is property and casualty insurance. The rule, rate and form filings for these travel insurance policies should be filed with the Property and Casualty Division.

In contrast, accident and sickness insurers offer policies providing "accident and sickness insurance while traveling," which often include coverage for emergency evacuation and/or repatriation of remains.  These policies are regulated pursuant to the accident and sickness insurance classification (§ 38.2-109) and must be filed with the Life and Health Division as an excepted limited benefit. Policies written to provide "accident and sickness insurance while traveling" shall not include property and casualty coverages such as interruption or cancellation of a trip or event; loss of baggage or personal effects; damages to accommodations; or rental vehicles.

The enactment of House Bill 2186 and Senate Bill 1565 does not affect any programs currently filed and approved as "accident and sickness insurance while traveling" under § 38.2-109. In addition, future submissions of programs or products covering "accident and sickness insurance while traveling" should continue to be filed under § 38.2-109 with the Life and Health Division.

Questions about this administrative letter should be directed to the Property and Casualty Division, Rates and Forms Sections, telephone (804) 371-9965; Life and Health Division, Rates and Forms Section, telephone (804) 371-9072.

/s/ Scott A. White
Commissioner of Insurance

DEPARTMENT OF ENVIRONMENTAL QUALITY

Belcher Solar LLC Notice of Intent Small Renewable Energy Project (Solar) Permit by Rule - Louisa County

Belcher 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 Louisa County pursuant to 9VAC15-60. The project will be located on 1,305 acres across multiple parcels, on land west of Waldrop Church Road north of Bickley Road, south of Desper Road, and west of Harris Creek and Courthouse Road on the same land approved for a permit by rule under registration number 2017-S03. This project represents an additional 17 megawatts to interconnect at the same point. This expansion project conceptually consists of approximately 68,000 355-watt panels plus seven 2.7-megawatt inverters that will provide a maximum 17 megawatts of nameplate capacity.

Contact Information: Mary E. Major, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4423, FAX (804) 698-4319, or email mary.major@deq.virginia.gov.

HCE Amelia Solar I LLC Notice of Intent Small Renewable Energy Project (Solar) Permit by Rule - Amelia County

HCE Amelia Solar I 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 Amelia County pursuant to 9VAC15-60. HCE Amelia Solar I LLC is located on approximately 60 acres in Amelia County near the intersection of Genito Road and Grub Hill Church Road. The coordinates for the site are Latitude: 37.451955°, Longitude: -77.952110°. The project will have a maximum capacity of 10 megawatts alternating current. The array will utilize approximately 38,826 solar modules mounted to a single-axis tracking system and interconnected to the local distribution network.

Contact Information: Mary E. Major, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4423, FAX (804) 698-4319, or email mary.major@deq.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 22VAC40-400, Funding Limitations for the Refugee Resettlement 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 April 17, 2019, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

This regulation has no impact on existing or potential Virginia employers' ability to maintain and increase the number of jobs in the Commonwealth. There is no cost to the general public. There has been no change in the federal law on which this regulation is based. No public complaints were received. The regulation is concise and understandable. The regulation does not overlap or duplicate any other federal or state rule. An Attorney General's review of the regulation in 2013 determined it to be needed.

Contact Information: Penny Boyd, Refugee Program Consultant, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 726-7933, FAX (804) 726-7088, or email penny.boyd@dss.virginia.gov.

Periodic Review and Small Business Impact Review

Pursuant to Executive Order 14 (as amended July 16, 2018) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Social Services is conducting a periodic review and small business impact review of 22VAC40-670, Degree Requirements for Family Services Occupational Group. The review of this regulation will be guided by the principles in Executive Order 14 (as amended July 16, 2018).

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 public comment period begins May 13, 2019, and ends June 4, 2019.

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 Tynesha O'Quinn, Program Consultant, Department of Social Services, 8001 East Main Street, Richmond, VA 23219, telephone (804) 726-7353, or email tynesha.oquinn@dss.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 WATER CONTROL BOARD

Proposed Consent Order for Aqua Virginia Inc.

An enforcement action has been proposed for Aqua Virginia Inc. for violations at the Lake Holiday wastewater treatment plant in Cross Junction, Virginia. The State Water Control Board proposes to issue a consent order with penalty and injunctive relief to Aqua Virginia Inc. to address noncompliance with State Water Control Law. A description of the proposed action is available at the Department of Environmental Quality office listed in this notice or online at www.deq.virginia.gov. Tiffany Severs will accept comments by email at tiffany.severs@deq.virginia.gov, FAX at (540) 574-7878, or postal mail at Department of Environmental Quality, Valley Regional Office, 4411 Early Road, P.O. Box 3000, Harrisonburg, VA 22801, from May 13, 2019, to June 12, 2019.

Proposed Consent Order for Ashton Development LLC d/b/a Holiday Properties Inc.

The State Water Control Board has proposed an enforcement action for Ashton Development LLC d/b/a Holiday Properties Inc. for wetland violations at Ashton Dell subdivision located at 3474 Ashton Dell Lane in Chesterfield County, Virginia. The State Water Control Board proposes to issue a consent order requiring wetland preservation and payment of a civil charge. A description of the proposed action is available at the Department of Environmental Quality office listed in this notice or online at www.deq.virginia.gov. Frank Lupini will accept comments by email at frank.lupini@deq.virginia.gov, FAX at (804) 527-5106, or postal mail at Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, from May 14, 2019, to June 14, 2019.

Proposed Consent Order for Owl Run Nursery Inc.

An enforcement action has been proposed for Owl Run Nursery Inc. for violations of the State Water Control Law and regulations associated with the Owl Run Nursery project located at 10318 Bristenburg Road in Fauquier County, Virginia. The State Water Control Board proposes to issue a consent order to resolve violations associated with the Owl Run Nursery project. A description of the proposed action is available at the Department of Environmental Quality office listed in this notice 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 May 14, 2019, through June 13, 2019.

Proposed Consent Order to Recycle Management LLC

The State Water Control Board proposes to issue a consent order to Recycle Management LLC to address noncompliance with State Water Control Law at the Recycle Management LLC facility located in Harrisonburg, Virginia. A description of the proposed action is available at the Department of Environmental Quality office listed in this notice or online at www.deq.virginia.gov. Tamara Ambler will accept comments by email at tamara.ambler@deq.virginia.gov, FAX at (540) 574-7878, or postal mail at Department of Environmental Quality, Valley Regional Office, P.O. Box 3000, Harrisonburg, VA 22801, from May 13, 2019, to June 13, 2019.

Proposed Consent Order for Recycle Management of Stanley LLC

An enforcement action has been proposed for Recycle Management of Stanley LLC for violations at the Recycle Management of Stanley LLC facility located in Stanley, Virginia. The State Water Control Board and the Virginia Waste Management Board propose to issue a consent order to Recycle Management of Stanley LLC to address noncompliance with the State Water Control Law, Virginia Waste Management Act, and regulations. A description of the proposed action is available at the Department of Environmental Quality office listed in this notice or online at www.deq.virginia.gov. Tamara Ambler will accept comments by email at tamara.ambler@deq.virginia.gov, FAX at (540) 574-7878, or postal mail at Department of Environmental Quality, Valley Regional Office, P.O. Box 3000, Harrisonburg, VA 22801, from May 13, 2019, to June 13, 2019.

Proposed Enforcement Action for Suffolk Iron Works Inc.

An enforcement action has been proposed for Suffolk Iron Works Inc. for violations of the State Water Control Law in Suffolk, Virginia. A description of the proposed action is available at the Department of Environmental Quality office listed in this notice or online at www.deq.virginia.gov. Russell Deppe will accept comments by email at russell.deppe@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 May 13, 2019, to June 12, 2019.

Proposed Consent Order to Recycle Management of Waynesboro LLC

The State Water Control Board proposes to issue a consent order to Recycle Management of Waynesboro LLC to address noncompliance with State Water Control Law at the Recycle Management of Waynesboro LLC facility located in Waynesboro, Virginia. A description of the proposed action is available at the Department of Environmental Quality office listed in this notice or online at www.deq.virginia.gov. Tamara Ambler will accept comments by email at tamara.ambler@deq.virginia.gov, FAX at (540) 574-7878, or postal mail at Department of Environmental Quality, Valley Regional Office, P.O. Box 3000, Harrisonburg, VA 22801, from May 13, 2019, to June 13, 2019.

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

BOARD FOR HEARING AID SPECIALISTS AND OPTICIANS

Title of Regulation: 18VAC80-30. Opticians Regulations.

Publication: 28:23 VA.R. 1768-1773, July 16, 2012

Correction to Final Regulation:

Page 1768, 18VAC80-30-10, definition of "licensed optician," second line, after "by the" strike "Board for Opticians" and insert "board"

VA.R. Doc. No. R12-3262; Filed April 25, 2019, 5:36 p.m.