GENERAL NOTICES
Vol. 39 Iss. 20 - May 22, 2023

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 15.2-2903 of the Code of Virginia, the following schedule, established by the Commission on Local Government and approved by Secretary of Commerce and Trade Caren Merrik and Governor Glenn A. Youngkin, 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 new (in effect for at least 24 months), newly identified, or have been significantly altered as to warrant a reassessment of the mandate (and have been in effect for 24 months). In conducting these assessments, agencies will follow the process established by Executive Order 58 (October 11, 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 Grace Wheaton, Senior Policy Analyst, Commission on Local Government, email grace.wheaton@dhcd.virginia.gov, telephone (804) 310-3410, or visit the commission's website at www.dhcd.virginia.gov.

STATE AND FEDERAL MANDATES ON LOCAL GOVERNMENTS

Approved Schedule of Assessment Periods - July 2023 through June 2024

For Executive Agency Assessment of Cataloged Mandates

AGENCY

Catalog Number

Assessment Period

Mandate Short Title

DEPARTMENT OF CRIMINAL JUSTICE SERVICES

Waiver Process for Law Enforcement Agencies to use Certain Military Property

SPSHS.DCJS043

1/1/24 - 3/30/24

Professional Standards of Conduct and Decertification of Law Enforcement Officers

SPSHS.DCJS041

1/1/24 - 3/30/24

DEPARTMENT OF CONSERVATION AND RECREATION

Outdoor Recreation Legacy Partnership Program

SNHR.DCR029

4/1/24 - 6/30/24

Dam Safety, Flood Prevention and Protection Assistance Fund

SNHR.DCR003

4/1/24 - 6/30/24

DEPARTMENT OF ENVIRONMENTAL QUALITY

Underground Storage Tank

SNR.DEQ019

9/1/23 - 11/30/23

DEPARTMENT OF JUVENILE JUSTICE

Youth Justice Diversion Programs

SPSHS.DJJ018

9/1/23 - 11/30/23

DEPARTMENT OF EDUCATION

Teacher License Required

SOE.DOE174

8/1/23 - 10/31/23

Self-Assessment and Action Planning for Inclusion Practices

SOE.DOE175

8/1/23 - 10/31/23

Student Achievement and Graduation Requirements

SOE.DOE176

8/1/23 - 10/31/23

Carbon Monoxide Detectors Required

SOE.DOE177

8/1/23 - 10/31/23

Participation in the Afterschool Meal Program

SOE.DOE178

8/1/23 - 10/31/23

Availability of In-person and Virtual Learning to All Students

SOE.DOE179

3/1/24 - 5/31/24

Seizure Management and Action Plans

SOE.DOE180

3/1/24 - 5/31/24

COVID-19 Mitigation Plan on School Board Website

SOE.DOE181

3/1/24 - 5/31/24

Teacher License Required

SOE.DOE004

3/1/24 - 5/31/24

Possession and Self-Administration of Asthma Medications and Epinephrine

SOE.DOE112

3/1/24 - 5/31/24

DEPARTMENT OF ELECTIONS

Covered Practices and Preclearance Requirements

SOA.ELECT010

8/1/23 - 10/31/23

Electoral Board, Registrar, and Officers of Election

SOA.ELECT002

8/1/23 - 10/31/23

Polling Place and Registration Facilities

SOA.ELECT003

8/1/23 - 10/31/23

Public Notification Requirements for General Registrars

SOA.ELECT007

8/1/23 - 10/31/23

DEPARTMENT OF HEALTH

Onsite Sewage Systems

SHHR.VDH037

7/1/23 - 9/30/23

DEPARTMENT OF TRANSPORTATION

Urban Street Maintenance Payments

STO.VDOT011

3/1/24 - 5/31/24

VIRGINIA STATE POLICE

Community Policing

SPSHS.VSP019

9/1/23 - 9/30/23

Photo Speed Monitoring

SPSHS.VSP020

10/1/23 - 10/31/23

Approved by the Commission on March 10, 2023

DEPARTMENT OF ENVIRONMENTAL QUALITY

Proposed Enforcement Action for Capehart Homes Inc.

An enforcement action has been proposed for Capehart Homes Inc. for violations of State Water Control Law in Isle of Wight, Virginia. A description of the proposed action is available at the Department of Environmental Quality (DEQ) office listed or online at www.deq.virginia.gov. DEQ will accept comments from May 22, 2023, through June 21, 2023.

Contact Information: Russell Deppe, Enforcement Specialist, Department of Environmental Quality, 5636 Southern Boulevard, Virginia Beach, VA 23462, FAX (804) 698-4178, or email russell.deppe@deq.virginia.gov.

Proposed Enforcement Action for Foss Recycling of Virginia LLC

An enforcement action has been proposed for Foss Recycling of Virginia LLC for violations of State Water Control Law in Chesapeake, Virginia. A description of the proposed action is available at the Department of Environmental Quality (DEQ) office listed or online at www.deq.virginia.gov. DEQ will accept comments from May 22, 2023, through June 21, 2023.

Contact Information: Russell Deppe, Enforcement Specialist, Department of Environmental Quality, 5636 Southern Boulevard, Virginia Beach, VA 23462, FAX (804) 698-4178, or email russell.deppe@deq.virginia.gov.

Proposed Enforcement Action for Gilmore Environmental Consulting LLC

An enforcement action has been proposed for Gilmore Environmental Consulting LLC for violations of State Water Control Law, regulations, and the applicable permit at the Fredericksburg Readiness Center metal oxide varistor (MOV) parking lot site located in Fredericksburg, Virginia. The proposed consent order is available from the Department of Environmental Quality (DEQ) contact or at https://www.deq.virginia.gov/permits-regulations/public-notices. The DEQ contact will accept written comments from May 23, 2023, through June 22, 2023.

Contact Information: Jim Datko, Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, or email james.datko@deq.virginia.gov.

Proposed Enforcement Action for Greensville County

An enforcement action has been proposed for Greensville County regarding violations of State Water Control Law and regulations at the sanitary landfill in Greensville County, Virginia. The proposed order is available from the Department of Environmental Quality (DEQ) contact or at https://www.deq.virginia.gov/permits-regulations/public-notices/enforcement-orders. The DEQ contact will accept written comments from May 22, 2023, through June 22, 2023.

Contact Information: Michelle Callahan, Land Enforcement Coordinator and Adjudication Officer, Department of Environmental Quality, 1111 East Main Street, Richmond, VA 23219, or email michelle.callahan@deq.virginia.gov.

Proposed Enforcement Action for Oak Hill Academy

An enforcement action has been proposed for Oak Hill Academy for violations of State Water Control Law and regulations at the Oak Hill Academy sewage treatment plant in Grayson County, Virginia. The Department of Environmental Quality (DEQ) proposes to issue a consent order to resolve violations associated with the facility. A description of the proposed action is available at the DEQ office listed or online at www.deq.virginia.gov. The staff contact person will accept comments by email or postal mail from May 22, 2023, through June 21, 2023.

Contact Information: Jonathan Chapman, Enforcement Specialist, Department of Environmental Quality, Southwest Regional Office, 355-A Deadmore Street, Abingdon, VA 24210, or email jonathan.chapman@deq.virginia.gov.

Michaux Solar Center LLC Withdrawal of Notice of Intent for Small Renewable Energy Project (Solar) - Pittsylvania and Henry Counties

Michaux Solar LLC has withdrawn its notice of intent to submit the necessary documentation for a permit by rule for a small renewable energy project (solar) in Pittsylvania and Henry Counties. The original notice of intent was published in Volume 37, Issue 18 of the Virginia Register on April 26, 2021.

Contact Information: Susan Tripp, Small Renewable Energy Permit by Rule Coordinator, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 664-3470, FAX (804) 698-4178.

Sunny Rock Solar Project Notice of Intent for Small Renewable Energy Project (Solar) - Henry County

Sunny Rock Solar LLC has provided the Department of Environmental Quality a notice of intent to submit the necessary documents for a permit by rule for a small renewable energy project (solar) in Martinsville, Virginia within Henry County. Latitude and longitude coordinates are 36.610142, -79.886161.

The proposed project is a 20-megawatt alternating current photovoltaic ground-mounted solar facility. The area comprising the project area is approximately 180 acres. The project will include approximately 55,000 solar panels.

Contact Information: Amber Foster, Small Renewable Energy Permit by Rule Coordinator, Department of Environmental Quality, 1111 East Main Street, Richmond, VA 23219, telephone (804) 774-8474, or email amber.foster@deq.virginia.gov.

DEPARTMENT OF MEDICAL ASSISTANCE SERVICES

Draft Pharmacy Provider Manual Appendices D and E Available for Review and Comment

The Pharmacy Provider Manual Appendices D and E are now available on the Department of Medical Assistance Services website at https://www.dmas.virginia.gov/for-providers/general-information/medicaid-provider-manual-drafts/ for public comment until June 1, 2023.

Contact Information: Meredith Lee, Policy, Regulations, and Manuals Supervisor, Department of Medical Assistance Services, 600 East Broad Street, Suite 1300, Richmond, VA 23219, telephone (804) 371-0552, FAX (804) 786-1680, or email meredith.lee@dmas.virginia.gov.

BOARD OF WILDLIFE RESOURCES

Announcement of Public Hearing and Opportunity for Public Comment

The Virginia Board of Wildlife Resources, pursuant to §§ 29.1-103, 29.1-501, 29.1-701, and 29.1-735 of the Code of Virginia, announces opportunity for public comment on the following proposed regulatory actions (click on the regulation to view the proposal on the Virginia Regulatory Town Hall):

Definitions and Miscellaneous: In General (4VAC15-20)

Game: In General (4VAC15-40)

Game: Bear (4VAC15-50)

Game: Deer (4VAC15-90)

Game: Fox (4VAC15-110)

Harvest Reporting Requirements for Certain Game Species (multiple chapters)

Game: Squirrel (4VAC15-230)

Game: Turkey (4VAC15-240)

Game: Waterfowl and Waterfowl Blinds (4VAC15-260)

Watercraft: Safe and Reasonable Operation of Vessels (4VAC15-390)

Watercraft: Navigation Lights and Shapes (4VAC15-420)

Comment may be submitted to the contact listed at the end of this notice using the contact information provided.

Public comment deadline: May 24, 2023.

Comment may also be made at the Board of Wildlife Resources meeting being announced in this notice. Instructions will be posted at https://dwr.virginia.gov/meetings/.

Public hearing (meeting) information:

May 25, 2023 - 9 a.m. - Department of Wildlife Resources, 7870 Villa Park Drive, Suite 400, Henrico, VA 23228.

After hearing public comment on the proposed amendments, the board anticipates adopting final regulation amendments.

Contact Information: Cale Godfrey, Assistant Director, Wildlife Division, Department of Wildlife Resources, 7870 Villa Park Drive, Suite 400, Henrico, VA 23228, telephone (804) 308-4210, or email cale.godfrey@dwr.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.