TITLE 6. CRIMINAL JUSTICE AND CORRECTIONS

CRIMINAL JUSTICE SERVICES BOARD

Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Criminal Justice Services Board intends to consider amending 6VAC20-120, Regulations Relating to Criminal History Record Information Use and Security. The purpose of the proposed action is to (i) make technical amendments; (ii) eliminate unnecessary requirements; and (iii) update and clarify language to conform to Chapters 524 and 542 of the 2021 Acts of Assembly, Special Session I, which require the establishment of a process for the automatic sealing of police and court records for certain convictions, deferred dispositions, and acquittals and for offenses that have been nolle prossed or otherwise dismissed and allows a person to petition for the sealing of police and court records relating to certain convictions.

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

Statutory Authority: §§ 9.1-102 and 9.1-131 of the Code of Virginia.

Public Comment Deadline: May 21, 2025.

Agency Contact: Kristi Shalton, Regulatory Coordinator, Department of Criminal Justice Services, 1100 Bank Street, Richmond, VA 23219, telephone (804) 786-7801, or email kristi.shalton@dcjs.virginia.gov.

TITLE 6. CRIMINAL JUSTICE AND CORRECTIONS

BOARD OF JUVENILE JUSTICE

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 Juvenile Justice intends to consider amending 6VAC35-20, Regulations Governing the Certification Process. The purpose of the proposed action, which follows a 2019 periodic review, is to bring the chapter into compliance with form and style guidelines and address provisions that are vague and require clarification. This chapter establishes the Department of Juvenile Justice's responsibility to monitor and audit juvenile residential facilities and programs, Virginia Juvenile Community Crime Control Act programs, and offices on youth and to certify residential facilities and state-operated and local court service units that are part of Virginia's juvenile justice system. It also describes the various methods by which the department measures and enforces compliance with regulations governing those facilities and programs.

In addition, pursuant to § 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 repealed, 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: §§ 16.1-233 and 66-10 of the Code of Virginia.

Public Comment Deadline: May 21, 2025.

Agency Contact: Ken Davis, Regulatory Affairs Coordinator, Department of Juvenile Justice, 600 East Main Street, 20th Floor, Richmond, VA 23219, telephone (804) 807-0486, FAX (804) 371-6497, or email kenneth.davis@djj.virginia.gov.

TITLE 6. CRIMINAL JUSTICE AND CORRECTIONS

BOARD OF JUVENILE JUSTICE

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 Juvenile Justice intends to consider amending 6VAC35-20, Regulations Governing the Certification Process. The purpose of the proposed action, which follows a 2019 periodic review, is to bring the chapter into compliance with form and style guidelines and address provisions that are vague and require clarification. The regulation establishes the Department of Juvenile Justice's responsibility to monitor and audit juvenile residential facilities and programs, Virginia Juvenile Community Crime Control Act programs, and offices on youth and to certify residential facilities and state-operated and local court service units that are part of Virginia's juvenile justice system. It also describes the various methods by which the department measures and enforces compliance with regulations governing those facilities and programs.

In addition, pursuant to § 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 repealed, 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: §§ 16.1-233 and 66-10 of the Code of Virginia.

Public Comment Deadline: May 21, 2025.

Agency Contact: Ken Davis, Regulatory Affairs Coordinator, Department of Juvenile Justice, 600 East Main Street, 20th Floor, Richmond, VA 23219, telephone (804) 807-0486, FAX (804) 371-6497, or email kenneth.davis@djj.virginia.gov.

TITLE 9. ENVIRONMENT

STATE WATER CONTROL BOARD

Notice of Intended Regulatory Action

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 purpose of the proposed action is to fulfill the triennial review requirement of this chapter by updating numerical and narrative criteria, use designations, and other policies to improve permitting, monitoring, and assessment programs. This action is necessary because the last triennial review was initiated in March 2021 and new scientific information is available to update the water quality standards. Additionally, federal and state mandates require that water quality standards be adopted, modified, or canceled every three years. The intent of this rulemaking is to protect designated and beneficial uses of state waters by adopting standards that are technically correct, necessary, and reasonable. These standards are used in setting Virginia Pollutant Discharge Elimination System permit limits and for evaluating the waters of the Commonwealth for inclusion in the federal Clean Water Act § 305(b) report and § 303(d) list.

In addition, pursuant to § 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 repealed, 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 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; Clean Water Act (33 USC § 1251 et seq.); 40 CFR Part 131.

Public Comment Deadline: May 21, 2025.

Agency Contact: David Whitehurst, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 774-9180, or email david.whitehurst@deq.virginia.gov.

TITLE 12. HEALTH

STATE BOARD OF HEALTH

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 12VAC5-610, Sewage Handling and Disposal Regulations. The purpose of the proposed action, which follows a 2023 periodic review, is to amend the regulation based on current industry standards and comments received from stakeholder working groups to (i) protect public health and the environment, (ii) address changes in current industry standards and practice, (iii) clarify regulatory language, and (iv) improve consistency with other regulations related to onsite sewage systems and sewage handling. Additionally, possible regulatory reductions will be considered as part of this action.

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 32.1-164 of the Code of Virginia.

Public Comment Deadline: May 21, 2025.

Agency Contact: Anne Powell, Environmental Health Coordinator, Virginia Department of Health, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-8107, or email anne.powell@vdh.virginia.gov.

TITLE 12. HEALTH

DEPARTMENT OF MEDICAL ASSISTANCE SERVICES

Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Department of Medical Assistance Services intends to consider amending 12VAC30-50, Amount, Duration, and Scope of Medical and Remedial Care Services and 12VAC30-80, Methods and Standards for Establishing Payment Rate; Other Types of Care. The purpose of the proposed action is to add coverage for targeted case management for individuals with severe brain injuries pursuant to Chapter 11 of the 2022 Acts of Assembly, Special Session I. The Department of Medical Assistance Services submitted state plan amendments to the Centers for Medicare and Medicaid Services that were approved November 22, 2023, and May 17, 2024, and the proposed action will incorporate those changes in the regulation.

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

Statutory Authority: § 32.1-325 of the Code of Virginia; 42 USC § 1396 et seq.

Public Comment Deadline: May 21, 2025.

Agency Contact: 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, TDD (800) 343-0634, or email meredith.lee@dmas.virginia.gov.

TITLE 12. HEALTH

DEPARTMENT OF MEDICAL ASSISTANCE SERVICES

Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Department of Medical Assistance Services intends to consider amending 12VAC30-50, Amount, Duration, and Scope of Medical and Remedial Care Services and 12VAC30-80, Methods and Standards for Establishing Payment Rate; Other Types of Care. The purpose of the proposed action is to add coverage for targeted case management for individuals with severe brain injuries pursuant to Chapter 11 of the 2022 Acts of Assembly, Special Session I. The Department of Medical Assistance Services submitted state plan amendments to the Centers for Medicare and Medicaid Services that were approved November 22, 2023, and May 17, 2024, and the proposed action will incorporate those changes in the regulation.

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

Statutory Authority: § 32.1-325 of the Code of Virginia; 42 USC § 1396 et seq.

Public Comment Deadline: May 21, 2025.

Agency Contact: 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, TDD (800) 343-0634, or email meredith.lee@dmas.virginia.gov.