Nursing Home Bed Need Forecast and
Whether a Planning District Qualifies for Additional Nursing Home Beds for 2017

Sources: State Medical Facilities Plan (12VAC5-230-610)

University of Virginia Weldon Cooper Center (population projections, 2012 edition)

2006 Virginia Nursing Home Patient Survey, Health Systems Agency of Northern Virginia (for age-specific nursing home use rates)

Office of Licensure and Certification, VDH (for bed inventory).

Basis for Review: The State Health Commissioner, in her review of COPN requests submitted pursuant to this RFA, will consider each of the eight factors enumerated in § 32.1-102.3 B of the Code of Virginia, as applicable. She will also consider applicable standards of the State Medical Facilities Plan (12VAC5-230-600 et. seq.).

Projection of Potential Fiscal Impact: The Department of Medical Assistance Services projects total additional expenditures for medical services provided to Medicaid recipients of approximately $0.824 million ($0.412 million of Commonwealth general funds) for the fiscal year (FY) ending June 30, 2017, if all 30 beds included in this RFA are authorized and available for occupancy by July 1, 2016. This projection is based on the following principal assumptions:

Schedule for Review: COPN requests filed in response to this RFA must be filed in accordance with the provisions of 12VAC5-220-355. The review schedules shown below will apply. Letters of intent and applications must be received by the Virginia Department of Health Division of COPN by the dates shown below in order to qualify for consideration in the specified review cycle.

Letter of intent must be received by November 2, 2015.

Application must be received by December 1, 2015.

Review cycle will begin on January 10, 2016.

Application Fees: The Virginia Department of Health shall collect fees for COPN applications filed in response to this RFA. No application may be deemed to be complete for review until the required application fee is paid. The fee is one percent of the proposed capital expenditure for the project, but not less than $1,000 or more than $20,000.

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¹ For conduct of the certificate of public need program, the Virginia Department of Health continues to recognize the former Planning District 20, Southeastern Virginia, and the former Planning District 21, Peninsula, rather than Planning District 23, Hampton Roads, which combined the former PD 20 and PD 21.

DEPARTMENT OF PLANNING AND BUDGET

Commercial Activities List – Public Comments and Recommendations

Pursuant to § 2.2-1501.1. of the Code of Virginia, the Virginia Department of Planning and Budget (DPB) has developed the Commercial Activities List (CAL). The CAL is posted on the DPB website at https://www.dpb.virginia.gov under Documents, Instructions and Publications.

DPB is seeking written comments on the CAL and invites recommendations from the public regarding activities being performed by state agencies that might better be performed by the private sector. The public comment period will begin September 7, 2015, and end September 21, 2015. Please include "CAL" in the subject of the email.

Agency Contact: Cari Corr, Virginia Department of Planning and Budget, CAL, 1111 East Broad Street, Richmond, VA 23219, telephone (804) 786-7455, or email efis@dpb.virginia.gov.

DEPARTMENT OF PROFESSIONAL AND OCCUPATIONAL REGULATION

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Department of Professional and Occupational Regulation conducted a small business impact review of 18VAC120-11, Public Participation Guidelines and determined that this regulation should be retained in its current form. The Department of Professional and Occupational Regulation is publishing its report of findings dated August 18, 2015, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

Section 2.2-4007.02 of the Code of Virginia mandates the agency to solicit the input of interested parties in the formation and development of its regulations. Therefore, the continued need for the regulation is established in statute. The regulation is necessary to protect public health, safety, and welfare by establishing public participation guidelines, which promote public involvement in the development, amendment, or repeal of an agency's regulation. By soliciting the input of interested parties, the agency is better equipped to effectively regulate the occupation or profession. Since no complaints or comments were received during the public comment period, there does not appear to be a reason to amend or repeal the regulation. The regulation is clearly written and easily understandable. The regulation does not overlap, duplicate, or contravene federal or state law or regulation. This is the first periodic review of the regulation since becoming effective in 2008. On August 18, 2015, the director reviewed the regulation and, for the reasons stated in this section, determined that the regulation should not be amended or repealed, but should be retained in its current form.

Agency Contact: Mark N. Courtney, Senior Director, Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8500, FAX (804) 527-4403, or email mark.courtney@dpor.virginia.gov.

STATE WATER CONTROL BOARD

Proposed Enforcement Action for Chesapeake Grain Company, Inc.

An enforcement action has been proposed for Chesapeake Grain Company, Inc. for alleged violations of the State Water Control Law in Chesapeake, Virginia. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Mr. Robin Schuhmann will accept comments by email at robin.schuhmann@deq.virginia.gov, FAX at (757) 518-2009, or postal mail at Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Boulevard, Virginia Beach, VA 23462, from September 7, 2015, to October 7, 2015.

Proposed Consent Order for Virginia-American Water Company

An enforcement action has been proposed for Virginia-American Water Company for violations at the Hopewell Low Service Pump Station located at 915 Riverside Avenue in Hopewell, Virginia. The board proposes to issue a consent order 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. Frank Lupini will accept comments by email at frank.lupini@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 September 7, 2015, to October 8, 2015.

Public Meeting and Public Comment for a Water Quality Study (TMDL) of Long Meadow Run and Turley Creek

Public Meeting: A meeting will be held Monday, September 14, 2015, at 7 p.m. at J. Frank Hillyard Middle School at 226 Hawks Hill Drive, Broadway, VA 22815. This meeting will be open to the public and all are welcome. In the case of inclement weather, the meeting will take place on Thursday, September 17, 2015, at the same time and place. Please contact Tara Sieber at (540) 574-7870 with any questions.

Purpose of notice: The Department of Environmental Quality (DEQ), its contractors, Virginia Tech's Biological Systems Engineering Department, and the local steering committee, comprised of local landowners and interested parties, will present the results of a water quality study known as a total maximum daily load (TMDL) and the recommendations in the implementation plan, or watershed clean-up plan, for Long Meadow Run and Turley Creek. This is an opportunity for local residents to learn more about the water quality study, the clean-up plan, and find out how they can make a difference to their local streams. A public comment period, beginning September 15, 2015, and ending October 16, 2015, will follow the meeting.

Meeting description: A public meeting will be held to reintroduce to the local community the water quality improvement process in Virginia, known as the TMDL process, review the work of the local steering committee, and solicit the input of the community on the TMDL document and the implementation plan, also known as a watershed clean-up plan. Section 303(d) of the Clean Water Act and § 62.1-44.19:7 C of the Code of Virginia require DEQ to develop TMDLs for pollutants responsible for each impaired water contained in Virginia's § 303(d) TMDL Priority List and Report.

Description of study: Several streams in the North Fork Shenandoah River watershed do not meet Virginia's water quality standards. Long Meadow Run and Turley Creek were listed in 2002 as impaired due to violations of the state's general water quality standard (benthic) for aquatic life. The aquatic life impairment on Long Meadow Run extends from its headwaters to the confluence with the North Fork Shenandoah River, which is a total of 8.53 miles. The Turley Creek aquatic life impairment extends a total of 4.01 miles from its headwaters to the confluence with the North Fork Shenandoah River. These streams do not host a healthy and diverse population of aquatic life and subsequently were listed as impaired for the "general benthic (aquatic life)" water quality standard. This water quality study reviewed all data collected and determined the cause of the benthic impairment to be excess sediment in both streams; in addition, nitrogen was identified as an issue in Long Meadow Run. A TMDL is the total amount of a pollutant a water body can contain and still meet water quality standards. To restore water quality, sediment levels need to be reduced to the TMDL amount in both streams, and nitrogen should be reduced in Long Meadow Run. Virginia agencies worked with local community partners to identify sources of excess sediment and recommend actions, practices, and strategies that could achieve the necessary reductions. The stream segments included in this TMDL study and IP are as follows:

How to comment: The public comment period for this public meeting and the TMDL water quality study and watershed clean-up plan begins September 15, 2015, and will end on October 16, 2015. Written comments should include the name, address, and telephone number of the person submitting the comments and should be sent to Tara Sieber, Department of Environmental Quality, Valley Regional Office, P.O. Box 3000, Harrisonburg, VA 22801, telephone (540) 574-7870, FAX (540) 574-7878, or email tara.sieber@deq.virginia.gov.

Public Meeting and Public Comment Period for Proposed Changes to Three River Basins' Water Quality Management Planning Regulations - Potomac-Shenandoah River Basin, Tennessee-Big Sandy River Basin, and Chesapeake Bay-Small Coastal-Eastern Shore River Basin

The Department of Environmental Quality (DEQ) seeks written and oral comments from interested persons on eight proposed revisions to wasteload allocations (WLAs) in the regulation for eight EPA approved total maximum daily loads (TMDLs). DEQ will hold a public meeting to describe these proposed revisions on September 17, 2015, at 1 p.m. - 2 p.m. in DEQ's Central Office 2nd Floor Conference Room A, 629 East Main Street, Richmond, VA 23219. In case of inclement weather, the public meeting will be held at the same location on September 29, 2015, at 1 p.m. The eight proposed revisions to the WLAs in the Potomac-Shenandoah River Basin (9VAC25-720-50 A), Tennessee-Big Sandy River Basin (9VAC25-720-90 A), and Chesapeake Bay-Small Coastal Eastern Shore River Basin (9VAC25-720-110 A) include revisions to seven errors and the revision of one WLA to be in accordance with the EPA-approved TMDL modification. The public comment period for these proposed revisions will begin on September 17, 2015, and end on October 19, 2015. If requested during the public comment period, an advisory group of relevant and interested stakeholders will be convened. Please note that all written comments should include the name, address, and telephone number of the person submitting the comments. For more information or to submit written or oral comments, please contact Will Isenberg, Department of Environmental Quality, Central Office, by postal mail at P.O. Box 1105, Richmond, VA 23218, by telephone at (804) 698-4228, or by email at william.isenberg@deq.virginia.gov.

The revisions to the Water Quality Management Planning Regulation are summarized below by river basin:

Potomac-Shenandoah River Basin (9VAC25-720-50 A):

The proposed revisions in the Potomac-Shenandoah River Basin Water Quality Management Planning Regulation (WQMPR) apply to TMDLs 1, 9, 58, and 59 in subsection A of 9VAC25-720-50. For TMDL #1, proposed changes include a revision of the stream name to read "Muddy Creek, Dry River and tributaries to North River," and a revision to the water body ID (WBID) to include B22R. For TMDL #9, the proposed change includes a revision of the current WLA to be the EPA approved value from the TMDL report of 116 lbs/year. TMDL #58 and #59 are duplicates of TMDLs #29 and #30, respectively. Therefore, it is proposed that TMDL #58 and #59 be removed from the WQMPR.

The following EPA approved TMDL reports apply to revisions for TMDLs 1, 9, 58, and 59 described above:

· TMDL #1: http://www.deq.virginia.gov/portals/0/DEQ/Water/TMDL/apptmdls/shenrvr/muddyni.pdf

· TMDL #9: http://www.deq.virginia.gov/portals/0/DEQ/Water/TMDL/apptmdls/shenrvr/plmillbc.pdf

· TMDLs #29 and #30 & #58 and #59: http://www.deq.virginia.gov/portals/0/DEQ/Water/TMDL/ apptmdls/shenrvr/abropebc.pdf

Tennessee-Big Sandy River Basin (9VAC25-720-90 A):

The proposed revisions in the Tennessee-Big Sandy River Basin WQMPR apply to TMDLs #6 and #9 in subsection A of 9VAC25-720-90. For TMDL #6, the proposed change includes a revision of the current WLA in regulation to be the EPA approved value from the TMDL report of 21,732 lbs/year. For TMDL #9, the proposed change includes a revision of the current WLA in regulation to be the EPA approved value from the TMDL modification of 322,234 kg/year.

The following EPA approved TMDL reports and modifications apply to revisions for TMDLs #6 and #9 described above:

· TMDL #6:

http://www.deq.virginia.gov/portals/0/DEQ/Water/TMDL/apptmdls/tenbigrvr/lewisbc.pdf

· TMDL #9 modification & report:

http://www.deq.virginia.gov/portals/0/DEQ/Water/TMDL/apptmdls/mod/dumpsmod.pdf

http://www.deq.virginia.gov/portals/0/DEQ/Water/TMDL/apptmdls/tenbigrvr/dumps.pdf

Chesapeake Bay-Small Coastal-Eastern Shore River Basin (9VAC25-720-110 A):

The proposed revisions in the Chesapeake Bay-Small Coastal-Eastern Shore River Basin WQMPR apply to TMDLs #3 and #4 in subsection A of 9VAC25-720-110. For TMDL #3, the proposed change includes a revision to the current WLA in regulation to be the EPA approved value from the TMDL report of 0.31 lbs/day. For TMDL #4, the proposed change includes a revision to the current WLA to be the EPA approved value from the TMDL report of 0.10 lbs/day.

The following EPA approved TMDL report applies to revisions for TMDLs #3 and #4 described above:

· TMDL# 3-4: http://www.deq.virginia.gov/portals/0/DEQ/Water/TMDL/apptmdls/baycoast/millcrdo.pdf.

Proposed revisions to the WQMPRs are summarized below:

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; 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

REAL ESTATE BOARD

Title of Regulation: 18VAC135-20. Virginia Real Estate Board Licensing Regulations.

Publication: 31:26 VA.R. 2604-2426 August 24, 2015.

Correction to Final Regulation:

Page 2611, 18VAC135-20-120 B, table, second row, column 1 should read as follows: "Salesperson's or associate broker's license as a business entity"

Page 2611, 18VAC135-20-120 B, table, second row, column 1 should read as follows: "Salesperson's or associate broker's license as a business entity"

VA.R. Doc. No. R12-3250; Filed August 28, 2015, 3:39 p.m.