NOTICES OF INTENDED REGULATORY ACTION
Vol. 39 Iss. 20 - May 22, 2023

TITLE 12. HEALTH
Waterworks Regulations
Withdrawal of Notice of Intended Regulatory Action

Title of Regulation: 12VAC5-590. Waterworks Regulations (amending 12VAC5-590-35).

Statutory Authority: §§ 32.1-12 and 32.1-170 of the Code of Virginia.

Notice is hereby given that the State Board of Health has WITHDRAWN the Notice of Intended Regulatory Action for 12VAC5-590, Waterworks Regulations, that was published in 38:13 VA.R. 1533 February 14, 2022. This action was initiated in response to a work group formed pursuant to Chapters 611 and 1097 of the 2020 Acts of Assembly. Since the NOIRA for this action was published, Chapter 585 of the 2022 Acts of Assembly added further amendments to § 32.1-169 of the Code of Virginia, and the U.S. Environmental Protection Agency (EPA) announced the proposed National Primary Drinking Water Regulation for six perfluorinated and polyfluorinated substances. After the EPA's proposed regulation is finalized, the State Board of Health will initiate a regulatory action to adopt consistent regulations for the Commonwealth in conformance with Chapters 611, 1097, and 585. Therefore, this NOIRA is withdrawn.

Agency Contact: Tony Singh, Deputy Office Director, Office of Drinking Water, Virginia Department of Health, 109 Governor Street, 6th Floor, Richmond, VA 23219, telephone (804) 310-3927, FAX (804) 864-7521, or email tony.singh@vdh.virginia.gov.

VA.R. Doc. No. R22-7068; Filed April 21, 2023
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Individual License and Certification Regulations
Withdrawal of Notice of Intended Regulatory Action

Title of Regulation: 18VAC50-30. Individual License and Certification Regulations (amending 18VAC50-30-10).

Statutory Authority: §§ 54.1-201 and 54.1-1102 of the Code of Virginia.

Notice is hereby given that the Board for Contractors has WITHDRAWN the Notice of Intended Regulatory Action for 18VAC50-30, Individual License and Certification Regulations, that was published in 39:7 VA.R. 992 November 21, 2022. The purpose of the proposed action was to exempt all individuals who have successfully completed an apprenticeship program approved by the U.S. Department of Labor or the Virginia Department of Labor and Industry from the requirement to sit for the applicable examination in order to obtain a journeyman license issued by the Board for Contractors. On March 14, 2023, the Board for Contractors voted to withdraw this action and refile it as an exempt action. Section 54.1-1131 of the Code of Virginia provides an examination exemption for individuals applying for a tradesman license that have completed an apprenticeship program approved by the Commissioner of Labor and Industry. As a result, the regulation is more restrictive than the statute and must be amended; therefore, the notice is withdrawn.

Agency Contact: Marjorie King, Administrator, Board for Contractors, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-2785, FAX (866) 430-1033, TDD (804) 527-4290, or email contractors@dpor.virginia.gov.

VA.R. Doc. No. R23-6923; Filed May 01, 2023
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Regulations of the Virginia Board of Optometry
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board of Optometry intends to consider amending 18VAC105-20, Regulations of the Virginia Board of Optometry. The proposed action is required by Chapters 16 and 17 of the 2022 Acts of Assembly. The board must amend existing regulation to provide certification for optometrists to perform laser surgery. The regulation must include provisions for (i) promotion of patient safety; (ii) identification and categorization of procedures for the purpose of issuing certificates; (iii) establishment of an application process for certification to perform such procedures; (iv) establishment of minimum education, training, and experience requirements for certification to perform such procedures; (v) development of protocols for proctoring and criteria for requiring such proctoring; and (vi) implementation of a quality assurance review process for such procedures performed by certificate holders.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: §§ 54.1-2400 and 54.1-3223 of the Code of Virginia.

Public Comment Deadline: June 21, 2023.

Agency Contact: Leslie L. Knachel, Executive Director, Board of Optometry, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 597-4130, FAX (804) 527-4471, or email leslie.knachel@dhp.virginia.gov.

VA.R. Doc. No. R23-7555; Filed April 25, 2023
TITLE 22. SOCIAL SERVICES
Fraud Reduction/Elimination Effort
Withdrawal of Notice of Intended Regulatory Action

Title of Regulation: 22VAC40-325. Fraud Reduction/Elimination Effort (amending 22VAC40-325-20).

Statutory Authority: §§ 63.2-217 and 63.2-526 of the Code of Virginia.

Notice is hereby given that the State Board of Social Services has WITHDRAWN the Notice of Intended Regulatory Action for 22VAC40-325, Fraud Reduction/Elimination Effort, that was published in 37:14 VA.R. 1466 March 1, 2021. The purpose of the proposed action was to rename the Fraud Reduction/Elimination Effort to the Statewide Fraud Control Program and change the methodology for reimbursement to local departments of social services for fraud control activities. Due to the considerable time since the NOIRA was published, the agency is withdrawing the NOIRA. A periodic review of 22VAC40-325 is scheduled for 2023, which will provide an opportunity for updated public comment and determination of whether amendments are still needed.

Agency Contact: Susan Lloyd, Fraud Consultant, Department of Social Services, 1604 Santa Rosa Road, Henrico, VA 23229, telephone (804) 663-5526, or email susan.lloyd@dss.virginia.gov.

VA.R. Doc. No. R21-5880; Filed April 27, 2023