STATE BOARD OF EDUCATION

Public Hearings on the Proposed Revised History and Social Science, Health Education, Physical Education, and Driver Education Standards of Learning

The Virginia Board of Education will hold four public hearings to solicit comments on the proposed revised History and Social Science, Health Education, Physical Education, and Driver Education Standards of Learning. The Standards of Learning identify the essential content, processes, and skills for grade levels and subject courses. The proposed revised History and Social Science, Health Education, Physical Education, and Driver Education Standards of Learning can be accessed on the Virginia Department of Education's website (www.doe.virginia.gov). Public comment regarding the proposed revised Standards of Learning may be offered through public hearings or public comment through the Virginia Department of Education website.

Each public hearing will begin at 7 p.m. Registration of speakers will begin at 6:30 p.m. Speakers will have three minutes to speak and should bring copies of their comments for the Board of Education. The dates, times, and locations of the public hearings are as follows:

December 2, 2014 – 7 p.m.

Thomas Jefferson's Monticello - Carl and Hunter Smith Education Center, 931 Thomas Jefferson Parkway, Charlottesville, VA 22902. Directions to this location may be found at http://www.monticello.org/site/visit/hours-and-directions.

December 3, 2014 – 7 p.m.

Edith Bolling Wilson Hotel – George Wythe Ballroom, 170 East Main Street, Wytheville, VA 24382. Directions to this location may be found at http://www.mapquest.com/mq/9-p7Oma3yw.

December 4, 2014 – 7 p.m.

George Washington's Mount Vernon – Robert H. and Clarice Smith Auditorium, 3200 Mount Vernon Memorial Highway, Mount Vernon, VA 22121. Directions to this location may be found at http://www.mountvernon.org/plan-your-visit/map-of-the-estate-gardens/#robert-h-and-clarice-smith-auditorium.

December 4, 2014 – 7 p.m.

Colonial Williamsburg – Bruton Heights Education Center, 301 1st Street, Williamsburg, VA 23185. Directions to this location may be found at https://www.google.com/maps/place/301+1st+St,+Williamsburg,+VA+23185/@37.2764258,-76.6945979,15z/data=!4m2!3m1!1s0x89b08904bf7caf33:0x57f78f56e4b039bb.

For additional information about the proposed revised History and Social Science Standards of Learning, contact Christonya Brown by email at christonya.brown@doe.virginia.gov or by telephone at (804) 225-2893.

For additional information about the proposed revised Health Education, Physical Education, and Driver Education Standards of Learning, contact Vanessa Wigand by email at vanessa.wigand@doe.virginia.gov or by telephone at (804) 225-3300.

Contact Information: Melissa Luchau, Director for Board Relations, Department of Education, P.O. Box 2120, 101 North 14th Street, 25th Floor, Richmond, VA 23219, telephone (804) 225-2924, FAX (804) 225-2524, or email melissa.luchau@doe.virginia.gov.

DEPARTMENT OF ENVIRONMENTAL QUALITY

Director's Determination - Small Renewable Energy (Water Related) Permit by Rule Regulation
9VAC15-80

Pursuant to the Small Renewable Energy Projects Act of 2009 (§ 10.1-1197.5 et seq. of the Code of Virginia), the Department of Environmental Quality (DEQ) is directed to develop one or more permits by rule "if it is determined by the department that one or more such permits by rule are necessary for the construction and operation of small renewable energy projects." Regulatory advisory panels (RAPs) comprised of stakeholders were established for each renewable source category, (i.e., wind, solar, combustion, and water), to make recommendations regarding a permit by rule (PBR) for each energy source. The director has approved a PBR regulation for wind energy projects, solar energy projects, and combustion energy projects.

The water-related RAP made a consensus recommendation in the fall of 2011 that it was not necessary or appropriate, under current conditions, for DEQ to develop a PBR regulation for renewable energy projects that generate electricity from falling water, wave motion, tides, or geothermal power. The RAP further recommended that DEQ re-evaluate the potential need for a PBR regulation concerning these water related renewable energy resources in 2014, or sooner if circumstances or public requests so indicate. The director issued a decision memorandum on December 2, 2011, in which he accepted the RAP's recommendation.

In the summer of 2014 members of the water related RAP were contacted to review the Director's 2011 decision. They were also notified of legal analysis received in March 2014 from the Federal Energy Regulatory Commission (FERC) and the Virginia Office of the Attorney General (OAG) that the federal Hydropower Regulatory Efficiency Act of 2013, codified at 16 U.S.C. § 2705, did not alter federal preemption of state authority over hydroelectric projects (copy attached). The RAP members recommended by unanimous consensus that it continues to be appropriate for DEQ not to develop a water related PBR regulation and that no regulatory action should be conducted at the present time.

Opportunity for the public to comment on the RAP Recommendation for Small Renewable energy (water related) PBR regulation was announced through a Virginia Regulatory Town Hall General Notice on September 18, 2014. The comment period closed on October 20, 2014. The notice provided the opportunity for the public to consider the consensus recommendation of the RAP members and explained why, at this time, it is not necessary, or appropriate, for DEQ to develop a PBR regulation for projects that generate electricity from water related renewable energy sources (i.e., falling water, tides, wave motion, or geothermal power). No comments were received.

DEQ staff is not aware of any circumstances, technological developments, or other factors that have changed materially since the Director's 2011 decision. Staff is aware of a change in federal law that occurred in 2013; however, representatives of FERC and the Virginia OAG have affirmed that these changes did not alter the fact that DEQ is pre-empted by federal law from regulating hydroelectric projects.

Based on the above information, November 6, 2014, the director (i) approved the consensus-based recommendations of the water-related RAP and determined that it is not necessary for the department to develop a PBR at the present time for small renewable energy projects that generate electricity from falling water, wave motion, tides, or geothermal power; (ii) directed that 9VAC15-80 be retained on the Virginia Regulatory Town Hall in case the department later determines that a permit by rule regulation is necessary for one or more of these renewable energy sources (i.e., falling water, wave motion, tides, or geothermal power); and (iii) directed that DEQ re-evaluate the potential need for a PBR regulation concerning these water related renewable energy resources in 2019, or sooner if circumstances or public requests so indicate.

Contact Information: Mary E. Major, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4423, FAX (804) 698-4510, or email mary.major@deq.virginia.gov.

STATE BOARD OF HEALTH

Notice of Periodic Review and Small Business Impact Review

Pursuant to Executive Order 17 (2014) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Health is conducting a periodic review and small business impact review of 12VAC5-200, Regulations Governing Eligibility Standards and Charges for Medical Care Services to Individuals. The review of this regulation will be guided by the principles in Executive Order 17 (2014).

The purpose of this review is 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 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 December 1, 2014, and ends December 22, 2014.

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 Lisa Park, Health Care Reimbursement Manager, Department of Health, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7018, FAX (804) 864-7022, or email lisa.park@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 both reviews will be posted on the Town Hall and a report of the small business impact review will be published in the Virginia Register of Regulations.

BOARD OF MEDICINE

Draft Telemedicine Guidance Document

The proposed draft version of the Telemedicine Guidance Document that will be considered by the Executive Committee of the Board of Medicine on Friday, December 5, 2014, may be accessed at http://www.dhp.virginia.gov/medicine/. Forward comments or suggestions regarding this draft document to the attention of Jennifer Deschenes at jennifer.deschenes@dhp.virginia.gov by the close of business December 3, 2014.

Contact Information: Colanthia Opher, Operations Manager, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 364-4400, FAX (804) 364-4426, or email coco.morton@dhp.virginia.gov.

STATE WATER CONTROL BOARD

Proposed Consent Special Order for
Eugene E. Cooke

An enforcement action has been proposed for Eugene E. Cooke for alleged violations at property located off of Ware Point Road, Gloucester County, Virginia. The State Water Control Board proposes to issue a consent special order to Eugene E. Cooke to address noncompliance with State Water Control 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. Gina Pisoni will accept comments by email at gina.pisoni@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 December 1, 2014, through January 3, 2015.

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/connect/commonwealth-calendar.

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/documents/cumultab.pdf.

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

BOARD OF AGRICULTURE AND CONSUMER SERVICES

Title of Regulation: 2VAC5-585. Retail Food Establishment Regulations.

Publication: 31:4 VA.R. 199-261 October 20, 2014.

Corrections to Proposed Regulation:

Page 217, column 2, 2VAC5-585-100 subdivision 1 c (2) after "as specified in" should read "(i) subdivision 5 a or 5 b of this section, or 5 a and c (1) (ii) subdivisions 1 c (1) and 5 a of this section are met.^P"

Page 230, column 2, 2VAC5-585-700 A 2 after "holding time for ratites" replace "and mechanically tenderized and injected meats" with ", mechanically tenderized meats, and injected meats"

Page 239, column 1, 2VAC5-585-950 subdivision 1 a, lines 1 and 2 should read "a. For the purposes of subdivision 1 of this section only, children who are age 9 nine years or"

Page 241, column 1, 2VAC5-585-1110 A, line 2 should read "under 2VAC5-585-1100 and shall be designed"

Page 257, column 2, 2VAC5-585-3660, replace "Responsibilites" with "Responsibilities"

VA.R. Doc. No. R15-4032; Filed November 7, 2014, 12:44 p.m.

STATE CORPORATION COMMISSION

Title of Regulation: 14VAC5-200. Rules Governing Long-Term Care Insurance.

Publication: 31:5 VA.R. 314-332 November 3, 2014.

Correction to Title of Regulation:

Page 314, column 2, line 7, delete "; repealing 14VAC5-200-20"

Editor's Note: 14VAC5-200-20 was repealed effective September 1, 2007, as published in Virginia Register Volume 23, Issue 17 on April 30, 2007. Erroneously included in the proposed regulatory action for 14VAC5-200, Rules Governing Long-Term Care Insurance, it is removed from that action.

VA.R. Doc. No. R15-4149; Filed October 27, 2014, 1:43 p.m.