GENERAL NOTICES/ERRATA
STATE CORPORATION COMMISSION
Bureau of Insurance
EDITOR'S NOTE: Administrative Letter 2013-01 was published in 29:13 VA.R. 1742 February 25, 2013 and is reprinted here to correct a typographical error in Daryl Hepler's email address and to include the two attachments referenced in the letter.
February 1, 2013
Administrative Letter 2013-01
To: Continuing Care Retirement Communities
Re: Supplemental Information and Other Required Disclosures
Section 38.2-4902 A 15 of the Code of Virginia allows the State Corporation Commission to require disclosure of material information in the disclosure statement filed by Continuing Care Retirement Communities ("CCRC"). In order to assist residents in understanding the financial position and the results of operations of a CCRC, we ask that each provider include supplemental information on its facilities and other consolidated entities in its audited financial statements for the two most recent years. In addition, we ask that each provider include a summary of the financial condition of each facility. Please find attached the format samples for the supplemental and financial summary information. We ask that this information be included in the provider's next annual filing with the State Corporation Commission Bureau of Insurance.
Section 38.2-4904 A of the Code of Virginia requires the provider to make the annual disclosure statement available by written notice to each resident at no cost. In accordance with § 38.2-4904 D of the Code of Virginia, the provider should amend its currently filed disclosure statement at any time if an amendment is necessary to prevent the disclosure statement from containing any material misstatement of fact or failing to state any material fact required. The provider must file any amendment with the State Corporation Commission Bureau of Insurance before distributing it to any resident. The provider is obligated to notify each resident of the existence of any such amendment or amended disclosure statement.
An amendment would be required if the provider has concerns about its ability to continue as a going concern, is unable to perform fully its obligations pursuant to its contracts due to financial instability, or has any problems with meeting the terms of its debt obligations. The State Corporation Commission Bureau of Insurance should be notified immediately of any such financial concerns.
Sections 38.2-4910 A and B of the Code of Virginia require the provider to hold meetings at least quarterly with the residents or representatives elected by the residents of the continuing care facility for the purpose of free discussion of issues relating to the facility. These issues may include income, expenditures and financial matters as they apply to the facility and proposed changes in policies, programs, facilities and services. The provider is required to give the resident's organization a copy of all submissions to the Commission. The provider is also required to give residents seven days' notice of each meeting.
Questions concerning this administrative letter may be addressed to: Ms. Daryl Hepler, Senior Insurance Financial Analyst, telephone (804) 371-9999, or email daryl.hepler@scc.virginia.gov or Ms. Toni Janoski, Senior Insurance Financial Analyst, telephone (804) 371-9945, or email toni.janoski@scc.virginia.gov.
/s/ Jacqueline K. Cunningham
Commissioner of Insurance
DEPARTMENT OF ENVIRONMENTAL QUALITY
Total Maximum Daily Load Study for Banister River in Halifax County
The Virginia Department of Environmental Quality (DEQ) will host a public meeting on a water quality study for the Halifax County streams on Thursday, April 4, 2013.
The meeting will start at 6 p.m. in the Mary Bethune Complex, Bethune Public Meeting Room located at 1030 Mary Bethune Street, Halifax, VA 24558. The purpose of the meeting is to provide information and discuss the study with interested local community members and local government.
Banister River (VAC-L71R_BAN06A08, VAC-L71R_BAN04A00, and VAC-L71R_BAN05A00) was identified in Virginia's Water Quality Assessment Integrated Report as impaired for not supporting the primary contact use. The impairment is based on water quality monitoring data reports of sufficient exceedances of Virginia's water quality standard for bacteria.
Winn Creek (VAC-L71R_WNN01A06) was identified in Virginia's Water Quality Assessment Integrated Report as impaired for not supporting the primary contact use. The impairment is based on water quality monitoring data reports of sufficient exceedances of Virginia's water quality standard for bacteria.
Gibson Creek (VAC-L71R_GIB01A08) was identified in Virginia's Water Quality Assessment Integrated Report as impaired for not supporting the aquatic life use. The impairment is based on water quality monitoring data reports of sufficient exceedances of Virginia's water quality standard for dissolved oxygen.
Section 303(d) of the Clean Water Act and § 62.1-44.19:7 C of the Code of Virginia require DEQ to develop total maximum daily loads (TMDLs) for pollutants responsible for each impaired water contained in Virginia's § 303(d) TMDL Priority List and Report and subsequent Water Quality Assessment Reports.
During the study, DEQ will develop a TMDL for the impaired water. A TMDL is the total amount of a pollutant a water body can contain and still meet water quality standards. To restore water quality, pollutant levels have to be reduced to the TMDL amount.
The public comment period on materials presented at the Halifax County meeting will extend from April 4, 2013, to May 6, 2013. For additional information or to submit comments, contact Paula Nash, Virginia Department of Environmental Quality, Blue Ridge Regional Office, 7705 Timberlake Road, Lynchburg, VA 24502, telephone (434) 582-6216, or email paula.nash@deq.virginia.gov.
STATE BOARD OF HEALTH
Notice of Periodic and Small Business Impact Reviews
Pursuant to Executive Order 14 (2010) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board of Health is conducting periodic and small business impact reviews of 12VAC5-120, Regulations for Tracking Children for Elevated Blood-Lead Levels.
The review of this regulation will be guided by the principles in Executive Order 14 (2010) and § 2.2-4007.1 of the Code of Virginia.
The purpose of this review is 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.
The comment period begins March 25, 2013, and ends on April 15, 2013.
Comments may be submitted online to the Virginia Regulatory Town Hall at http://www.townhall.virginia.gov/L/Forums.cfm. Comments may also be sent to Nancy Vanvoorhis, Director, Lead-Safe Virginia Program, Virginia Department of Health, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7694, FAX (804) 864-7722, or email nancy.vanvoorhis@vdh.virginia.gov.
Comments must include the commenter's name and address (physical or email) information in order to receive a response to the comment from the agency. Following the close of the public comment period, a report of the periodic and small business impact reviews will be posted on the Town Hall and published in the Virginia Register of Regulations.
DEPARTMENT OF HEALTH
Drinking Water State Revolving Fund Program - Intended Use Plan for FY 2013
Under the Safe Drinking Water Act, Congress authorizes capitalization grants to the states through the Drinking Water State Revolving Loan Fund Program (DWSRF). As part of the annual DWSRF grant application process, Virginia seeks meaningful public involvement through input, review, and comments. The Virginia Department of Health's (VDH) Office of Drinking Water (ODW) has prepared a draft Intended Use Plan (IUP) that explains the goals of the program, funding priorities, how VDH intends to use the grant funds, and other important information submitted from the funding requests and set-aside suggestions.
VDH received numerous funding requests and set-aside suggestions following the January 2012 DWSRF funding solicitation announcement. The draft 2013 IUP and draft project lists (available as indicated below) are open for review and comment by the public for a period of 60 days. The document entitled "Virginia Drinking Water State Revolving Fund Program Design Manual" (dated January 9, 2012) is a part of the Intended Use Plan and was mailed in the January announcement and placed on VDH's website. The Program Design Manual provides information on VDH's project prioritization criteria and methodologies.
VDH will hold a public meeting to solicit comments and recommendations regarding the 2013 IUP on Wednesday, May 15, 2013, from 9 a.m. to 11 a.m. at the ODW's East Central Field Office, 300 Turner Road, Richmond, VA 23225. Those individuals planning to attend the public meeting should contact Theresa Hewlett at telephone (804) 864-7501 by the close of business on May 1, 2013.
Any written comments from the public are to be submitted by May 25, 2013, which is the close of the public comment period. VDH will consider all meaningful public input and comments and make revisions to the IUP and project priority lists if necessary. Please direct requests for information and forward written comments to Steven Pellei, PE, Virginia Department of Health, Office of Drinking Water, James Madison Building, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7500, FAX (804) 864-7521.
The following information is provided at VDH's website at http://www.vdh.virginia.gov/ODW/financial/IntendedUsePlan13.htm:
VDH's 2013 Preliminary Project Priority List/2013 Comprehensive Project List
VDH's 2013 Draft Intended Use Plan (IUP)
The IUP is subject to change depending on EPA's 2013 award allocations.
VDH's 2013 Planning Grant Award List
The projects listed will be awarded grants in the amounts indicated on the table.
STATE LOTTERY DEPARTMENT
Director's Orders
The following Director's Orders of the State Lottery Department were filed with the Virginia Registrar of Regulations on March 5, 2013. The orders may be viewed at the State Lottery Department, 900 East Main Street, Richmond, VA, or at the office of the Registrar of Regulations, 201 North 9th Street, 2nd Floor, Richmond, VA.
Director's Order Number Ten (13)
Virginia's Instant Game Lottery 1388 "Royal Riches" Final Rules for Game Operation (effective February 22, 2013)
Director's Order Number Twenty-One (13)
Virginia's Twenty-Seventh Online Game Lottery; "Fast Play $15,000 Jackpot" Final Rules for Game Operation (effective on the first sale date of the Matrix set forth in the "Fast Play $15,000 Jackpot" Official Game Rules)
Director's Order Number Twenty-Two (13)
Virginia's Twenty-Seventh Online Game Lottery; "Fast Play Blackjack Showdown" Final Rules for Game Operation (effective on the first sale date of the Matrix set forth in the "Fast Play Blackjack Showdown" Official Game Rules)
Director's Order Number Twenty-Three (13)
Virginia's Twenty-Seventh Online Game Lottery; "Fast Play Joker's Wild Bingo" Final Rules for Game Operation (effective on the first sale date of the Matrix set forth in the "Fast Play Joker's Wild Bingo" Official Game Rules)
Director's Order Number Twenty-Four (13)
Virginia's Twenty-Seventh Online Game Lottery; "Fast Play Lucky Bucks" Final Rules for Game Operation (effective on the first sale date of the Matrix set forth in the "Fast Play Lucky Bucks" Official Game Rules)
POTATO BOARD
Small Business Impact Review - Report of Findings
Pursuant to § 2.2-4007.1 of the Code of Virginia, the Department of Agriculture and Consumer Services conducted a small business impact review of 2VAC5-300, Rules and Regulations for the Enforcement of the Virginia Seed Potato Inspection Law. This regulation continues to be necessary to establish standards by which seed potatoes are determined to be disease free and acceptable for use in the state's commercial production areas. The department has not received any complaints from the public concerning this regulation. The department has determined that the regulation is not unnecessarily complex and is easily understood by the regulated industry. This regulation does not overlap, duplicate, or conflict with any federal law or any other state law or regulation. The regulation was last evaluated in 2009, and no changes to technology, economic conditions, or other factors have occurred since that time that necessitate amendments to this regulation.
Contact Information: Thomas H. Smith, Agriculture and Consumer Services Supervisor, P.O. Box 1163, Richmond, VA 23218, telephone (804) 786-3548, FAX (804) 371-7785, or email thomas.smith@vdacs.virginia.gov.
STATE WATER CONTROL BOARD
Proposed Consent Special Order for the County of King William
An enforcement action has been proposed for the County of King William for alleged violations that occurred at the Central Garage Water System located in the County of King William. The State Water Control Board proposes to issue a consent special order to the County of King William to address noncompliance with State Water Control Board law. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Cynthia Akers will accept comments by email at cynthia.akers@deq.virginia.gov, FAX at (804) 527-5106, or postal mail at Department of Environmental Quality, Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA 23060, from March 25, 2013, to April 26, 2013.
Proposed Consent Special Order for Ronile, Inc.
An enforcement action has been proposed for Ronile, Inc., for violations at Ronile's Rocky Mount, Virginia, facility. The special order by consent will address and resolve violations of environmental law, regulations, and Ronile's permit. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Jerry Ford, Jr. will accept comments by email at jerry.ford@deq.virginia.gov or postal mail at Department of Environmental Quality, Blue Ridge Regional Office, 3019 Peters Creek Road, Roanoke, VA 24019, from March 25, 2013, to April 24, 2013.
VIRGINIA CODE COMMISSION
Notice to State Agencies
Contact Information: Mailing Address: Virginia Code Commission, General Assembly Building, 201 North 9th Street, 2nd Floor, Richmond, VA 23219; Telephone: Voice (804) 786-3591; FAX (804) 692-0625; 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 http://www.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/cumultab.htm.
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.
ERRATA
VIRGINIA COMMONWEALTH UNIVERSITY
Title of Regulation: 8VAC90-20. Parking Information (repealing 8VAC90-20-10 through 8VAC90-20-170).
Publication: 29:14 VA.R. 1753 March 11, 2013.
Correction to Final Regulation:
Page 1753, Titles of Regulations, lines 4-5, should read "8VAC90-20. Parking Information (8VAC90-20-10 through 8VAC90-20-170)"
VA.R. Doc. No. R13-3607
BOARD FOR WATERWORKS AND WASTE WATERWORKS OPERATORS AND ONSITE SEWAGE SYSTEM PROFESSIONALS
Title of Regulation: 18VAC160-20, Board for Waterworks and Waste Waterworks Operators and Onsite Sewage System Professionals.
Publication: 29:14 VA.R. 1751 March 11, 2013.
Change to Notice of Intended Regulatory Action:
Change title of regulation considered for amendment to "18VAC160-20, Board for Waterworks and Waste Waterworks Operators and Onsite Sewage System Professionals."
VA.R. Doc. No. R13-3570