Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board of Agriculture and Consumer Services intends to consider promulgating 2VAC5-105, Regulations for the Inspection of Pet Shops Selling Dogs or Cats. Chapter 1284 of the 2020 Acts of Assembly requires the Board of Agriculture and Consumer Services to adopt a regulation governing the keeping of dogs and cats by a pet shop. The purpose of this action is to fulfill that requirement, including adopting the specific provisions stipulated by statute. The provisions are (i) registration of a regulated person or facility with the Department of Agriculture and Consumer Services; (ii) standards of adequate care, exercise, feed, shelter, space, treatment, water, proper cleaning, and lighting; (iii) at least one unannounced inspection by the State Animal Welfare Inspector occurring annually; and (iv) remedies for each finding in a given inspection.

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

Statutory Authority: § 3.2-6501.1 of the Code of Virginia.

Public Comment Deadline: May 12, 2021.

Agency Contact: Dr. Carolynn Bissett, Program Manager, Office of Veterinary Services, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone (804) 786-2483, FAX (804) 371-2380, TDD (800) 828-1120, or email carolynn.bissett@vdacs.virginia.gov.

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board of Agriculture and Consumer Services intends to consider amending 2VAC5-405, Regulations for the Application of Fertilizer to Nonagricultural Lands. Chapter 413 of the 2020 Acts of Assembly amended the Fertilizer Law (§ 3.2-3600 et seq. of the Code of Virginia), increasing from $250 to $1,000 the civil penalty that the Board of Agriculture and Consumer Services may impose upon any fertilizer contractor-applicator or licensee who fails to comply with provisions of 2VAC5-405, Regulations for the Application of Fertilizer to Nonagricultural Lands. The purpose of the proposed action is to conduct a review of the regulation to (i) determine the appropriate increase to the current maximum penalty and (ii) assess the need for additional penalties that will ensure compliance with 2VAC5-405.

In addition, pursuant to Executive Order 14 (as amended, July 16, 2018) 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; (ii) minimizes the economic impact on small businesses consistent with the stated objectives of applicable law; and (iii) is clearly written and easily understandable.

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

Statutory Authority: § 3.2-3602.1 of the Code of Virginia.

Public Comment Deadline: May 12, 2021.

Agency Contact: David Gianino, Program Manager, Office of Plant Industry Services, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone (804) 786-3515, FAX (804) 371-7793, TDD (800) 828-1120, or email david.gianino@vdacs.virginia.gov.

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Board of Education intends to consider amending 8VAC20-131, Regulations Establishing Standards for Accrediting Public Schools in Virginia. The purpose of the proposed action is to (i) make clarifying technical edits, (ii) incorporate items unaddressed during the comprehensive update in 2017, and (iii) address negative or unintended consequences of the new accreditation model and correct where prudent. In 2017, the Board of Education finalized its most recent comprehensive review of and update to the Standards of Accreditation (SOA). The board approved a number of substantive revisions to the SOA, including the addition of new and modified school quality indicators to the state accreditation model as well as an increased emphasis on closing achievement gaps and continuous improvement, among others. The update also allowed the board to incorporate expectations for student achievement as outlined in the Profile of a Virginia graduate and the 5Cs (critical thinking, creative thinking, communication, collaboration, and citizenship). The new Standards of Accreditation became effective in the 2018-2019 school year. Since implementation, the Virginia Department of Education (VDOE) has monitored feedback and inquiries from the field as well as convened an internal committee representing various units across the agency to evaluate and address questions and concerns related to the SOA. VDOE staff has identified several changes and areas of improvement necessitating amendments to the regulations. Additionally, in June 2020, the board established its own Special Committee for the Review of the Standards of Accreditation tasked with exploring the positive, negative, and unintended consequences of the new accreditation model. As a result of stakeholder feedback, VDOE staff recommendations, and the committee's early findings, the board is initiating this regulatory action.

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

Statutory Authority: § 22.1-253.13 of the Code of Virginia.

Public Comment Deadline: May 12, 2021.

Agency Contact: Holly M. Coy, Assistant Superintendent, Policy, Equity and Communications, Department of Education, P.O. Box 2120, Richmond, VA 23218-2120, telephone (804) 225-2092, or email holly.coy@doe.virginia.gov.

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Water Control Board intends to consider amending 9VAC25-260, Water Quality Standards. The subject matter of the rulemaking is turbidity in the Commonwealth's surface waters. Turbidity is a measure of water clarity and the degree to which water loses its transparency. Turbidity is influenced by suspended particles such as clay, silt, sand, organic matter, plankton, and microorganisms, as well as color and dyes. Substances that produce turbidity are included in Virginia's general criteria in 9VAC25-260-20 among a list of substances to be controlled in order to, for example, avoid direct or indirect interference with designated uses of state waters. The purpose of the proposed action is to address a directive by the State Water Control Board to develop numeric turbidity criteria. The existing regulation will be amended to include numeric turbidity criteria for the protection of Virginia's surface water designated uses. Changes may also be proposed to improve implementation of these criteria in Virginia's water pollution control programs. All reasonable alternatives will be considered during the public participation process. The Department of Environmental Quality will review turbidity standards that currently exist in other states to evaluate applicability to Virginia.

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

Statutory Authority: § 62.1-44.15 of the Code of Virginia; 33 USC § 1251 et seq. of the federal Clean Water Act; 40 CFR Part 131.

Public Comment Deadline: May 12, 2021.

Agency Contact: David Whitehurst, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4121, email david.whitehurst@deq.virginia.gov.