Title of Regulation: 9VAC25-780. Local and Regional Water Supply Planning (amending 9VAC25-780-30).

Statutory Authority: §§ 62.1-44.15 and 62.1-44.38:1 of the Code of Virginia.

Public Hearing Information: No public hearings are scheduled.

Public Comment Deadline: July 15, 2015.

Effective Date: July 30, 2015.

Agency Contact: Melissa Porterfield, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4238, FAX (804) 698-4346, TTY (804) 698-4021, or email melissa.porterfield@deq.virginia.gov.

Basis: Section 62.1-44.15 of the Code of Virginia authorizes the State Water Control Board to promulgate this regulation.

This regulation was developed to implement the mandate of § 62.1-44.38:1 of the Code of Virginia, which requires that: "The Board, with the advice and guidance from the Commissioner of Health, local governments, public service authorities, and other interested parties, shall establish a comprehensive water supply planning process for the development of local, regional and state water supply plans consistent with the provisions of this chapter." The State Water Control Board adopted the Local and Regional Water Supply Planning regulation in 2005 and amended it in 2006.

Purpose: This regulation was last amended in 2006. Since that time, other regulations referenced by this regulation have been updated. This regulation needs to be amended to reference the regulations that are currently in effect to avoid confusion concerning which regulations are applicable. This regulatory change will make the Local and Regional Water Supply regulation reference current versions of other water regulations, thereby promoting the public health, welfare, and safety.

Rationale for Using Fast-Track Process: The board anticipates that this rulemaking will be noncontroversial since the changes will update the Local and Regional Water Supply Planning regulation to include references to other water regulations that the board has previously adopted and are currently effective. The regulated community is required to comply with versions of regulations that are currently in effect. This change will eliminate confusion concerning which versions of regulations are referenced by the Local and Regional Water Supply Planning regulation.

Substance: The revisions to the regulation are minor. The regulation is being updated to remove the effective year of the Virginia Water Protection Permit Program Regulation and the Surface Water Management Area Regulation referenced in the regulation. Both the Virginia Water Protection Permit Program Regulation and the Surface Water Management Area Regulation have been amended since 2004, and the year 2004 is being stricken from the regulation.

Issues: The primary advantages to the public, agency, and Commonwealth will be that the regulation will reference the current version of the Virginia Water Protection Permit Program Regulation and the Surface Water Management Area Regulation. This amendment will avoid confusion concerning the version of the regulation the regulated community should comply with. The regulated community must comply with the current effective versions of the Virginia Water Protection Permit Program Regulation and the Surface Water Management Area Regulation; however, since the regulation references the 2004 versions of these regulations, the regulated community may interpret this to mean they must comply with the requirements of both versions of these regulations. There are no disadvantages to the public, agency, or Commonwealth associated with these regulatory revisions.

Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. The State Water Control Board (board) proposes to update the names of two regulations referenced in the local and regional water supply regulation (water supply regulation).

Result of Analysis. The benefits likely exceed the costs for all proposed changes.

Estimated Economic Impact. Updating the names of referenced regulations will be beneficial in that it will reduce the likelihood of confusion by readers of this regulation. The proposed change will have no other impact.

Businesses and Entities Affected. This regulation establishes a comprehensive water supply planning process for the development of local, regional, and state water supply plans. The proposed update of names of referenced regulations affects any entity or individual who has an interest in these plans.

Localities Particularly Affected. The proposed amendments do not disproportionately affect particular localities.

Projected Impact on Employment. The proposed amendments will not affect employment.

Effects on the Use and Value of Private Property. The proposed amendments will not affect the use and value of private property.

Small Businesses: Costs and Other Effects. The proposed amendments will not significantly affect small businesses.

Small Businesses: Alternative Method that Minimizes Adverse Impact. The proposed amendments will not create an adverse impact for small businesses.

Real Estate Development Costs. The proposed amendments will not affect real estate development costs.

Legal Mandate. General: The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Code of Virginia and Executive Order Number 17 (2014). Section 2.2-4007.04 requires that such economic impact analyses determine the public benefits and costs of the proposed amendments. Further the report should include but not be limited to:

• the projected number of businesses or other entities to whom the proposed regulatory action would apply,

• the identity of any localities and types of businesses or other entities particularly affected,

• the projected number of persons and employment positions to be affected,

• the projected costs to affected businesses or entities to implement or comply with the regulation, and

• the impact on the use and value of private property.

Small Businesses: If the proposed regulatory action will have an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include:

• an identification and estimate of the number of small businesses subject to the proposed regulation,

• the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the proposed regulation, including the type of professional skills necessary for preparing required reports and other documents,

• a statement of the probable effect of the proposed regulation on affected small businesses, and

• a description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed regulation.

Additionally, pursuant to § 2.2-4007.1, if there is a finding that a proposed regulation may have an adverse impact on small business, the Joint Commission on Administrative Rules is notified at the time the proposed regulation is submitted to the Virginia Register of Regulations for publication. This analysis shall represent DPB's best estimate for the purposes of public review and comment on the proposed regulation.

Agency's Response to Economic Impact Analysis: The Department of Environmental Quality has reviewed the economic impact analysis prepared by the Department of Planning and Budget and has no comment.

Summary:

The amendments remove obsolete effective dates for the Virginia Water Protection Permit Program Regulation and the Surface Water Management Area Regulation referenced in the regulation.

9VAC25-780-30. Definitions.

Unless otherwise defined in this chapter or unless the context clearly indicates otherwise, the terms used in this regulation shall have the meanings ascribed to them by the State Water Control Law, Chapter 3.1 (§ 62.1-44.2 et seq.) of Title 62.1 of the Code of Virginia; the Ground Water Management Act of 1992, Chapter 2.5 25 (§ 62.1-254 et seq.) of Title 62.1 of the Code of Virginia; the Virginia Water Protection Permit Program Regulation, 9VAC25-210 (2004); and the Surface Water Management Area Regulation, 9VAC25-220 (2004), including any general permits issued thereunder.

"Beneficial use" means both in-stream and offstream uses. In-stream beneficial uses include, but are not limited to, the protection of fish and wildlife habitat, maintenance of waste assimilation, recreation, navigation, and cultural and aesthetic values. Offstream beneficial uses include, but are not limited to, domestic (including public water supply), agricultural, electric power generation, and commercial and industrial uses.

"Board" means the State Water Control Board.

"Community water system" means a waterworks that serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents, and is regulated by the Virginia Department of Health Waterworks Regulation (12VAC5-590).

"Conservation" means practices, techniques, and technologies that improve the efficiency of water use.

"Department" means the Department of Environmental Quality.

"Local government" means a city, incorporated town or county.

"Local program" means the combined water plan, resource conditions, and drought response and contingency plan developed in compliance with this regulation. The term "local program" will be used in this regulation to mean either local or regional programs. The term "program" implies the institution of a continuous planning process for maintenance of these documents.

"Planning area" means the geographical area as defined by local government boundaries that is included in a local or regional water supply plan.

"Planning period" means the 30-year to 50-year time frame used by the locality to project future water demand in accordance with 9VAC25-780-100 B.

"Regional planning unit" means a collection of local governments who have voluntarily elected to develop and submit a regional water plan. A regional planning unit may be composed of all local governments located within the bounds of a planning district, any subset of local governments within the bounds of a planning district, or any group of local governments within multiple planning districts.

"Regional water plan" means a water plan developed and submitted by two or more cities or counties or both. A town and an adjacent county may develop a regional water plan. Two or more towns may develop and submit a regional water plan where the plan results in the proposed development of future water supply projects that supply address the water supply demands of the affected towns. Such plans developed by two or more towns may be included in regional water plans developed and submitted by counties or cities. Regional water plans shall be developed and submitted in conjunction with all public service authorities operating community water systems within the regional planning unit, if applicable.

"Self-supplied user" means any person making a withdrawal of surface water or ground water from an original source (e.g., a river, stream, lake, aquifer, or reservoir fed by any such water body) for their own use. Self-supplied users do not receive water from a community water system.

"Service area" means the geographical area served by a community water system.

"Technical evaluation committee" means a committee of state agencies, including but not limited to the Department of Health, the Department of Conservation and Recreation, the Marine Resources Commission, the Department of Historic Resources, and the Department of Game and Inland Fisheries, convened by the Department of Environmental Quality in accordance with subdivision 8 of 9VAC25-780-60 to provide comments on the impacts to or conflicts among in-stream and offstream uses resulting from proposed alternatives for meeting projected water demands.

"Unaccounted for losses" means the difference between a community water system's billing records for volumes of water distributed and production records for volumes of water treated.

"Water demand management" means plans for water conservation, reuse, and reducing unaccounted for water losses contained in a local program.

"Water plan" means a document developed in compliance with this regulation. The term "water plan" will be used in this regulation to mean either local or regional water plans.

"Water sources" means wells, stream intakes, and reservoirs that serve as sources of water supplies.