NOTICES OF INTENDED REGULATORY ACTION
Vol. 34 Iss. 5 - October 30, 2017

TITLE 12. HEALTH
Waterworks Regulations
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Board of Health intends to consider amending 12VAC5-590, Waterworks Regulations. The purpose of the proposed action is to comprehensively update the Waterworks Regulations to ensure they are clear, concise, and technically correct, which will facilitate the permitting, design, construction, and operation of waterworks in Virginia. The goal of the regulatory action is to establish requirements for the basic design, construction, and operation of waterworks and to set enforceable standards for water quality to ensure waterworks provide safe and reliable drinking water that protects public health.

The Virginia Department of Health-Office of Drinking Water, the Waterworks Advisory Committee to the State Health Commissioner, and a regulatory advisory panel consisting of waterworks stakeholders collectively recommended that Parts I and III of the Waterworks Regulations be updated in the areas of waterworks permitting, design, and construction, and Part II be amended to clarify operating requirements and improve readability. The amendments to Part II will not change the requirements necessary for Virginia to retain primary enforcement responsibility for waterworks. This regulatory action will follow the recommendations and incorporate (i) current water treatment processes, (ii) current monitoring and control technologies, (iii) changes to water consumption patterns resulting from shifts in consumer use and water-saving plumbing fixtures, (iv) changes to source water quality and availability due to increased water demands, and (v) new state law and regulations governing source water supply planning and withdrawal.

The agency does not intend to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: §§ 32.1-12 and 32.1-170 of the Code of Virginia; 42 USC § 300f et seq.; 40 CFR Parts 141, 142, and 143.

Public Comment Deadline: November 29, 2017.

Agency Contact: Robert A. K. Payne, Compliance Manager, Virginia Department of Health, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7498, or email rob.payne@vdh.virginia.gov.

VA.R. Doc. No. R18-5204; Filed September 29, 2017, 3:59 p.m.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Board for Contractors Regulations
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board for Contractors intends to consider amending 18VAC50-22, Board for Contractors Regulations. The purpose of the proposed action is to amend the specialty definitions to add a miscellaneous category for those contractors whose work, as determined by the Board for Contractors, is so specialized that it fails to fall under any specialty. The board will also review existing regulations for clarity and consistency and may make other changes it identifies as necessary during the regulatory review process.

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

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

Public Comment Deadline: November 29, 2017.

Agency Contact: Eric L. Olson, Executive Director, Board for Contractors, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-2785, FAX (866) 430-1033, or email contractors@dpor.virginia.gov.

VA.R. Doc. No. R18-5224; Filed October 2, 2017, 4:12 p.m.
TITLE 22. SOCIAL SERVICES
Adult Services Approved Providers
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Department for Aging and Rehabilitative Services intends to consider amending 22VAC30-120, Adult Services Approved Providers. The purpose of the proposed action is to provide a general review. The regulation establishes standards for providers who are approved by local departments of social services to provide services, such as homemaker, chore, or companion services, to adults. This regulatory action seeks to review all current regulation content; clarify regulation content that may be unclear, inconsistent, or obsolete; and incorporate person-centered language throughout the regulation.

The agency does not intend to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: § 51.5-131 of the Code of Virginia.

Public Comment Deadline: November 30, 2017.

Announcement of Periodic Review and Small Business Impact Review: Pursuant to Executive Order 17 (2014) and § 2.2-4007.1 of the Code of Virginia, the agency is conducting a periodic review and small business impact review of this regulation to determine whether this regulation should be terminated, 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.

Agency Contact: Paige L. McCleary, Adult Services Program Consultant, Department for Aging and Rehabilitative Services, 8004 Franklin Farms Drive, Richmond, VA 23229, telephone (804) 662-7605, or email paige.mccleary@dars.virginia.gov.

VA.R. Doc. No. R18-5298; Filed September 29, 2017, 3:58 p.m.
TITLE 22. SOCIAL SERVICES
Permanency Services - Prevention, Foster Care, Adoption and Independent Living
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Board of Social Services intends to consider amending 22VAC40-201, Permanency Services - Prevention, Foster Care, Adoption and Independent Living. The permanency services regulation provides standards for local departments of social services for prevention, foster care, adoption, and independent living services. The purpose of the proposed action is to conform the regulation to the Code of Virginia and federal laws and to make any other changes the agency deems necessary after comments and review, including conforming to (i) Chapter 200 of the 2017 Acts of Assembly, which changes the name of the Putative Father Registry to Virginia Birth Father Registry and requires additional information be added to the registry so that putative fathers can be notified prior to court proceedings for termination of parental rights and adoption regarding a child who a registrant may have fathered and (ii) Chapter 187 of the 2017 Acts of Assembly, which requires youth who turn 18 years of age while in foster care be enrolled in Medicaid, provided they do not object, and makes those youth eligible to be given the opportunity to participate in a survey to provide feedback regarding the youth's experience while in foster care.

The agency does not intend to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: §§ 63.2-217, 63.2-319, and 63.2-900 of the Code of Virginia.

Public Comment Deadline: November 29, 2017.

Agency Contact: Em Parente, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 726-7895, FAX (804) 726-7538, or email em.parente@dss.virginia.gov.

VA.R. Doc. No. R18-5305; Filed October 4, 2017, 10:03 a.m.
TITLE 22. SOCIAL SERVICES
Resource, Foster and Adoptive Family Home Approval Standards
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Board of Social Services intends to consider amending 22VAC40-211, Resource, Foster and Adoptive Family Home Approval Standards. The purpose of the proposed action is to conform the regulation to the Code of Virginia and to make other changes the agency deems necessary after comments and review, including conforming to (i) Chapter 194 of the 2017 Acts of Assembly, which stipulates that background checks conducted for youth over the age of 18 years in the Fostering Futures Program be used for the sole purpose of determining whether other children should be placed or remain in the same foster home as the Fostering Futures Program participant and not as a basis for terminating or suspending the approval of the foster home; (ii) Chapter 193 of the 2017 Acts of Assembly, which requires local agencies to use the Mutual Family Assessment (MFA) home study template and authorizes the department to amend the MFA template and any necessary addenda; and (iii) Chapter 631 of the 2017 Acts of Assembly, which requires the Normalcy for Youth in Foster Care training as part of the preservice training, so this action will update training requirements for current and prospective foster and adoptive providers.

The agency does not intend to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: §§ 63.2-217 and 63.2-319 Code of Virginia.

Public Comment Deadline: November 29, 2017.

Agency Contact: Keisha Williams, Program Consultant, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 726-7550, FAX (804) 819-7173, or email k.williams@dss.virginia.gov.

VA.R. Doc. No. R18-5306; Filed October 4, 2017, 10:09 a.m.