AIR POLLUTION CONTROL BOARD

General Notice - Proposed State Implementation Plan Revision

Notice of action: The Department of Environmental Quality (DEQ) is announcing an opportunity for public comment on a proposed revision to the Commonwealth of Virginia State Implementation Plan (SIP). The SIP is a plan developed by the Commonwealth in order to fulfill its responsibilities under the federal Clean Air Act to attain and maintain the ambient air quality standards promulgated by the U.S. Environmental Protection Agency (EPA) under the federal Clean Air Act. The Commonwealth intends to submit the regulation to the EPA as a revision to the SIP in accordance with the requirements of § 110(a) of the federal Clean Air Act.

Regulations affected: The regulation of the board affected by this action is 9VAC5-30, Ambient Air Quality Standards (Rev. A16).

Purpose of notice: DEQ is seeking comment on the issue of whether the regulation amendments should be submitted as a revision to the SIP.

Public comment period: June 13, 2016, to July 13, 2016.

Public hearing: A public hearing may be conducted if a request is made in writing to the contact listed at the end of this notice. In order to be considered, the request must include the full name, address, and telephone number of the person requesting the hearing and be received by DEQ by the last day of the comment period. Notice of the date, time, and location of any requested public hearing will be announced in a separate notice, and another 30-day comment period will be conducted.

Public comment stage: The regulation amendments are exempt from the state administrative procedures for adoption of regulations contained in Article 2 (§ 2.2-4000 et seq. of the Code of Virginia) of the Administrative Process Act by the provisions of § 2.2-4006 A 4 c of the Code of Virginia because they are necessary to meet the requirements of the federal Clean Air Act and do not differ materially from the pertinent EPA regulations. Since the amendments are exempt from administrative procedures for the adoption of regulations, DEQ is accepting comment only on the issue cited under "purpose of notice" and not on the content of the regulation amendments.

Description of proposal: The proposed revision will consist of amendments to an existing regulation concerning ambient air quality standards. On October 26, 2015 (80 FR 65292), EPA revised the National Ambient Air Quality Standard (NAAQS) for ozone by adding an eight-hour standard at a level of 70 parts per billion (ppb). The existing eight-hour standard of 0.075 ppm was not revoked. 9VAC5-30 contains the ambient air quality standards for the specific criteria pollutant standards set out in 40 CFR Part 50. Therefore, this regulation is the action effectively implementing the EPA requirements and must now be amended accordingly in order to properly implement new source permitting review and various ozone implementation and planning programs.

Federal information: This notice is being given to satisfy the public participation requirements of federal regulations (40 CFR 51.102) and not any provision of state law. The proposal will be submitted as a revision to the Commonwealth of Virginia SIP under § 110(a) of the federal Clean Air Act in accordance with 40 CFR 51.104. It is planned to submit all provisions of the proposal as a revision to the SIP.

How to comment: DEQ accepts written comments by email, fax, and postal mail. In order to be considered, comments must include the full name, address, and telephone number of the person commenting and be received by DEQ by the last day of the comment period. All materials received are part of the public record.

To review regulation documents: The proposal and any supporting documents are available on the DEQ Air Public Notices for Plans website at http://www.deq.state.va.us/Programs/Air/PublicNotices/airplansandprograms.aspx. The documents may also be obtained by contacting the DEQ representative listed at the end of this notice. The public may review the documents between 8:30 a.m. and 4:30 p.m. of each business day until the close of the public comment period at the following DEQ locations:

1) Main Street Office, 8th Floor, 629 East Main Street, Richmond, Virginia, telephone (804) 698-4070,

2) Southwest Regional Office, 355 Deadmore Street, Abingdon, Virginia, telephone (276) 676-4800,

3) Blue Ridge Regional Office, Roanoke Location, 3019 Peters Creek Road, Roanoke, Virginia, telephone (540) 562-6700,

4) Blue Ridge Regional Office, Lynchburg Location, 7705 Timberlake Road, Lynchburg, Virginia, telephone (434) 582-5120,

5) Valley Regional Office, 4411 Early Road, Harrisonburg, Virginia, telephone (540) 574-7800,

6) Piedmont Regional Office, 4949-A Cox Road, Glen Allen, Virginia, telephone (804) 527-5020,

7) Northern Regional Office, 13901 Crown Court, Woodbridge, Virginia, telephone (703) 583-3800, and

8) Tidewater Regional Office, 5636 Southern Boulevard, Virginia Beach, Virginia, telephone (757) 518-2000.

Contact Information: Karen G. Sabasteanski, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4426, FAX (804) 698-4510, or email karen.sabasteanski@deq.virginia.gov.

STATE CORPORATION COMMISSION

May 24, 2016

Administrative Letter 2016-04

To: All Insurers and Other Interested Parties

Re: Insurance-Related Legislation Enacted by the 2016 Virginia General Assembly

We have attached for your reference summaries of certain insurance-related statutes enacted or amended and re-enacted during the 2016 Session of the Virginia General Assembly. The effective date of these statutes is July 1, 2016, except as otherwise indicated in this letter. Each organization to which this letter is being sent should review the summaries carefully and see that notice of these laws is directed to the proper persons, including appointed representatives, to ensure that appropriate action is taken to effect compliance with these new legal requirements. Copies of individual bills referred to in this letter may be obtained at http://lis.virginia.gov/cgi-bin/legp604.exe?ses=161&typ=lnk
&val=57 or via the links we have provided in the summary headings. You may enter the bill number (not the chapter number) on the Virginia General Assembly Home Page, and you will be linked to the Legislative Information System. You may also link from the Legislative Information System to any existing section of the Code of Virginia. All statutory references made in the letter are to Title 38.2 (Insurance) of the Code of Virginia unless otherwise noted. All references to the Commission refer to the State Corporation Commission.

Please note that this document is a summary of legislation. It is neither a legal review and interpretation nor a full description of the legislative amendments affecting insurance-related laws during the 2016 Session. Each person or organization is responsible for review of relevant statutes.

/s/ Jacqueline K. Cunningham
Commissioner of Insurance

Chapter 1 (House Bill 58) Effective 1/26/2016

§§ 38.2-3406.1, 38.2-3431, and 38.2-3551. Health benefit plans; large and small employers. Deletes provisions that changed the definition of a "large employer," for purposes of a group health plan or health insurance coverage, from an employer who employed an average of more than 50 employees to an employer who employed more than 100 employees during the preceding calendar year. The definition of "small employer" is correspondingly revised to include employers who employ an average of 50 or fewer employees.

Chapter 4 (House Bill 31) Effective 2/23/2016 and Chapter 71 (Senate Bill 192) Effective 3/1/2016

§§ 38.2-231, 38.2-2113, and 38.2-2208. Automobile, commercial liability, and homeowners insurance policies; notices. Restores certificate of mailing as a method insurers may use to demonstrate proof of mailing termination notices using the United States Postal Service, provided that certificates of bulk mailing are not permissible.

Chapter 55 (House Bill 304) Effective 2/29/2016

§ 38.2-2619 and 38.2-2622. Home service contract providers. Authorizes the Commission to deny an initial license application for a home service contract provider based on its review of the financial statements and any reports, certificates, or other documents filed with the Commission. The measure also changes the license renewal cycle and renewal fee payment schedule for home service contract providers from a biennial process to an annual process beginning July 1, 2017; revises the application fee from $1,000 to $500. Other provisions (i) clarify that the Virginia reserve requirement for such companies is determined by taking the gross consideration received for all home service contracts, less the claims paid, and then multiplying the remainder by 40 percent (ii) replace a reference to "premiums" with "provider fees" because home service contracts are not insurance; and (iii) amends the provision dealing with filing of audited financial statements to allow for statements prepared in accordance with generally accepted accounting principles.

Chapter 193 (Senate Bill 209)

§§ 38.2-405 and 38.2-403.1. State Corporation Commission; insurance assessments. Authorizes the Commission to recover omitted assessments pertaining to its regulation of insurers for the most recent three years. The measure also establishes a procedure for an aggrieved insurer to apply to the Commission for a correction of an assessment and for a refund.

Chapter 250 (Senate Bill 210)

§§ 38.2-221.3, 38.2-514.1, and 38.2-1800. Automobile clubs.  Repeals provisions relating to the licensure of automobile clubs by the Commission. Requirements are also deleted regarding the authority of insurance agents to negotiate automobile club contracts on behalf of licensed automobile clubs and the issuance of guaranteed arrest bond certificates by an automobile club or association.

Chapter 271 (Senate Bill 562)

§ 38.2-3454.1. Health benefit plans; federal law changes. This measure authorizes a health carrier to sell, issue, offer for sale or renew any health benefit plan that would not otherwise be permitted to be sold, issued, or offered for sale, or required to be canceled, discontinued or terminated because the plan does not meet the requirements of the federal Patient Protection and Affordable Care Act to the extent the appropriate federal authority has suspended enforcement of the Act or the requirements of such Act are amended by any federal law.

Chapter 274 (Senate Bill 640)

§ 38.2-3122. Insurance policies and annuity contracts; exemption from creditors' claims. Provides certain exemptions to the prohibition on execution, attachment, garnishment or other legal process in favor of a creditor regarding the cash surrender value or proceeds of any life insurance policy or annuity contract, the withdrawal value of an optional settlement or deposit with a life insurance company or any other benefit from such a policy.

Chapter 277 (House Bill 324) Effective 9/1/2016

§ 38.2-1906. Insurance rates; authority to limit decreases. Authorizes an insurer subject to the provisions of Chapter 19 to file rate or supplementary rate information for renewal and certain other policies to limit any rate decrease that would otherwise be applicable to the policies, provided that the insurer is also limiting any rate increase that would otherwise be applicable. This provision does not apply to workers' compensation or employers' liability policies.

Chapter 285 (House Bill 844)

§§ 38.2-1868.1, 38.2-1869, and 38.2-1870. Insurance agents; continuing education program. Allows insurance agents who have completed all continuing education course or exemption requirements by December 31 but have failed to demonstrate proof of compliance by failing to pay the filing fee, an additional period of time until the close of business on January 31, to complete the filing with the payment of a late filing penalty of $100. The measure also (i) removes the restriction that the Insurance Continuing Education Board's waiver of requirements pertaining to the number of course credits required for good cause be based on emergency situations and (ii) deletes the condition that requests for waivers of course credit requirements be submitted no later than 90 calendar days prior to the end of the biennium for which the waiver is requested.

Chapter 286 (House Bill 870) and (Senate Bill 193)

§ 38.2-510. Unfair claim settlement practices; appraisal of automobile repair costs. Allows the initial appraisal of the cost of repairing a motor vehicle loss to be based upon personal inspection or digital imagery of the damage. It further allows the initial appraisal of the damage to be final, and prevents the insurer from requiring the claimant to utilize imagery as a condition of appraising the damage.

Chapter 475 (House Bill 820)

§§ 38.2-325, 38.2-4214, and 38.2-4319. Insurance notices; electronic delivery. Provides that any evidence of coverage or other forms required to be given to policyholders, subscribers, and enrollees that do not contain personally identifiable information may be delivered electronically or posted on the health carrier's publicly available website, provided that such forms are readily downloaded and printed.

Chapter 508 (House Bill 851)

§ 38.2-325. Insurance notices; electronic delivery. Repeals a clause that would have sunset on December 31, 2016 that (i) makes the notification to an insurer of any change of the electronic address for the named insured the sole responsibility of the named insured and (ii) states that giving notice of change of the named insured's electronic address to the agent of record shall not be deemed to be notice to the insurer unless it is specifically identified as a change and receipt has been accepted by the agent of record.

Chapter 552 (House Bill 393)

§§ 38.2-1820, 38.2-1825, 38.2-1826, 38.2-1838, 38.2-1841, 38.2-1845.2, 38.2-1857.2, 38.2-1865.1, and 38.2-1865.5. Insurance agencies; designated licensed producers. Requires that an insurance agency's designated licensed producer responsible for the agency's compliance with insurance laws and regulations be an employee, officer or director of the agency. Business entities acting as an insurance producer are required within 30 calendar days to report (i) the removal of the designated licensed producer responsible for the business entity's compliance with insurance laws, rules, and regulations and (ii) the name of the new designated licensed producer. The Commission is authorized to terminate an insurance agency's license for failing to maintain such a designated licensed producer.

Chapter 556 (House Bill 16) Effective 1/1/2017

§ 38.2-3407.17. Insurance; payment for services by dentists and oral surgeons. Requires that reimbursements payable or paid by a dental plan for covered services be reasonable and not provide nominal reimbursement in order to claim that services are covered services under the applicable dental plan. The measure applies to contracts between a dental plan and a dentist or oral surgeon for the provision of health care to patients that is entered into, amended, extended, or renewed on or after January 1, 2017.

Chapter 558 (House Bill 307) Effective 1/1/2017

§§ 38.2-1905, 38.2-2118, 38.2-2119, 38.2-2120, 38.2-2202, and 38.2-2210. Insurance notices. Clarifies and updates provisions regarding notices from insurance companies to applicants and policyholders. The measure amends the requirement that insurers give insureds notice when increasing the premium on their policies due to accidents to clarify that insurers are required to inform insureds that they have 60 days to seek a review by the Bureau of Insurance of the application of a surcharge. The notice requirements regarding uninsured motorist coverage (UM/UIM) are updated to allow the practice under which insurers give applicants the opportunity to request UM/UIM limits equal to their liability limits or to request lower UM/UIM limits, as long as the lower limits are at least $25,000/$50,000/$20,000. Other changes clarify which notices are required to be given on new business policies only rather than on new and renewal business policies.

Chapter 570 (House Bill 87)

§ 30-343. Health Insurance Reform Commission. Specifies that if applicable federal rules require an agency of the Commonwealth to identify any state-mandated benefits that are in addition to the essential health benefits without identifying a specific agency that is responsible for making such identification, the Bureau of Insurance shall be the applicable agency.

Chapter 619 (Senate Bill 204)

§§ 38.2-1825, 55-525.14, 55-525.16, 55-525.17, 55-525.24, 55-525.25, 55-525.26, and 55-525.30. Real estate settlement agents. Adds to provisions relating to real estate settlement agents a new term, "closing disclosure," defined as the combined mortgage loan disclosure statement of final loan terms and closing costs prescribed under the Real Estate Settlement Procedures Act of 1974 (RESPA) (12 USC § 2601 et seq.), and Consumer Financial Protection Bureau Regulation X (12 CFR Part 1024), and Regulation Z (12 USC § 1026), to comply with changes made by the federal Consumer Financial Protection Bureau to the real estate closing process. The bill also makes the settlement agent's registration fee nonrefundable.

DEPARTMENT OF ENVIRONMENTAL QUALITY

Bluestone Farm Solar, LLC Notice of Intent - Small Renewable Energy Project (Solar) Permit by Rule

Bluestone Farm Solar, LLC has notified the Department of Environmental Quality of its intent to submit the necessary documentation for a permit by rule for a small renewable energy project (solar) in Mecklenburg County. The proposed Bluestone Farm will be a 49.9 megawatt alternating current photovoltaic solar facility on portions of two parcels totaling approximately 330 acres south of Spanish Grove Road outside of Chase City, Virginia. The project will be comprised of approximately 223,500 polycrystalline solar collectors and associated equipment. The notice of intent has been posted to the Regulatory Town Hall and will be published in the Virginia Register on June 13, 2016.

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

Southampton Solar LLC Notice of Intent - Small Renewable Energy Project (Solar) Permit by Rule

Southampton Solar LLC, has provided notice to the Department of Environmental Quality of its intention to submit the necessary documentation for a permit by rule for a small renewable energy project (solar) in Southampton County. The project will have a maximum capacity of 100 megawatts alternating current  and will utilize traditional photovoltaic solar modules that rotate throughout the day to track the sun. The project is located in southern Southampton County, near the Boykins electrical substation in the general vicinity of Boykins and Newsoms, Virginia. The project will be sited across roughly 1,200 acres and across multiple parcels.

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

VIRGINIA LOTTERY

Director's Orders

The following Director's Orders of the Virginia Lottery were filed with the Virginia Registrar of Regulations on May 25, 2016, and May 26, 2016. The orders may be viewed at the Virginia Lottery, 900 East Main Street, Richmond, Virginia, or at the office of the Registrar of Regulations, 201 North 9th Street, 2nd Floor, Richmond, Virginia.

Director's Order Number Seventy (16)

"Raise the Bar Retailer Incentive Promotion - FY 17" Virginia Lottery Retailer Incentive Program Requirements (effective July 1, 2016)

Director's Order Number Seventy-One (16)

"Raise the Awareness Program" Virginia Lottery Retailer Incentive Program Requirements (effective July 1, 2016)

Director's Order Number Seventy-Two (16)

"7-Eleven Market Battles Retailer Incentive Promotion" Virginia Lottery Retailer Incentive Program Requirements (effective July 1, 2016)

Director's Order Number Seventy-Three (16)

"September Scratcher Madness Retailer Incentive Promotion" Virginia Lottery Retailer Incentive Program Requirements (effective September 1, 2016)

Director's Order Number Seventy-Four (16)

Virginia Lottery's Computer-Generated Game "Print 'n Play Blackjack Classic" Final Rules for Game Operation (effective July 10, 2016)

Director's Order Number Seventy-Five (16)

Virginia Lottery's Computer-Generated Game "Print 'n Play Bullseye Bingo" Final Rules for Game Operation (effective July 10, 2016)

Director's Order Number Seventy-Six (16)

Virginia Lottery's Computer-Generated Game "Print 'n Play Horoscope Crossword" Final Rules for Game Operation (effective July 10, 2016)

Director's Order Number Seventy-Seven (16)

Virginia Lottery's Computer-Generated Game "Print 'n Play Money Bag Crossword" Final Rules for Game Operation (effective July 10, 2016)

Director's Order Number Seventy-Eight (16)

Virginia Lottery's Computer-Generated Game "Print 'n Play Rockin' Bingo" Final Rules for Game Operation (effective July 10, 2016)

Director's Order Number Seventy-Nine (16)

"Virginia Lottery July Bowling Challenge Retailer Incentive Promotion - Handy Mart" Virginia Lottery Retailer Incentive Program Requirements (effective July 1, 2016)

Director's Order Number Eighty (16)

"Virginia Lottery July Bowling Challenge Retailer Incentive Promotion - Multi-Chain" Virginia Lottery Retailer Incentive Program Requirements (effective July 1, 2016)

Director's Order Number Eighty-One (16)

$30 Scratcher Point of Sale (POS) Retailer Incentive Promotion" Virginia Lottery Retailer Incentive Program Requirements (effective September 13, 2016)

Director's Order Number Eighty-Two (16)

"Walmart Neighborhood Market Four Month Activation Drive Virginia Lottery Retailer Incentive Program Requirements" (effective July 1, 2016)

Director's Order Number Eighty-Three (16)

"Food City Stretch Your Scratch Goal Contest" Virginia Lottery Retailer Incentive Program Requirements (effective July 1, 2016)

Director's Order Number Eighty-Four (16)

"Pit Stop Stretch Your Scratch Goal Contest" Virginia Lottery Retailer Incentive Program Requirements (effective July 1, 2016)

Director's Order Number Eighty-Five (16)

"Shoppers Stretch Your Scratch Goal Contest" Virginia Lottery Retailer Incentive Program Requirements (effective July 1, 2016)

Director's Order Number Eighty-Six (16)

"Sheetz First Half FY 17 Plan" Virginia Lottery Retailer Incentive Program Requirements (effective September 1, 2016)

Director's Order Number Eighty-Seven (16)

Virginia Lottery's Scratch Game 1663 "$500 Frenzy" Final Rules for Game Operation (effective May 23, 2016)

Director's Order Number Eighty-Eight (16)

Virginia Lottery's Scratch Game 1698 "Lucky Loot Tripler" Final Rules for Game Operation (effective May 23, 2016)

Director's Order Number Eighty-Nine (16)

Virginia Lottery's Scratch Game 1676 "Jewel 7's" Final Rules for Game Operation (effective May 23, 2016)

Director's Order Number Ninety (16)

Virginia Lottery's Scratch Game 1675 "Lucky Dog Doubler" Final Rules for Game Operation (effective May 23, 2016)

Director's Order Number Ninety-One (16)

Virginia Lottery's Computer-Generated Game "Cash 5" Final Rules for Game Operation (effective May 23, 2016)

Director's Order Number Ninety-Two (16)

Virginia Lottery's Scratch Game 1680 "Hog Mania" Final Rules for Game Operation (effective May 23, 2016)

Director's Order Number Ninety-Three (16)

Virginia Lottery's Scratch Game 1682 "Give Me $100's" Final Rules for Game Operation (effective May 23, 2016)

DEPARTMENT OF MEDICAL ASSISTANCE SERVICES

Notice of Intent to Change the Reimbursement Methodology for Pharmacy Services

Notice is hereby given that the Department of Medical Assistance Services (DMAS) intends to change the reimbursement methodology for pharmacy services pursuant to the department's authority under Title XIX of the Social Security Act. This notice is intended to satisfy the requirements of 42 CFR § 447.205 and of § 1902(a)(13) of the Social Security Act, 42 USC § 1396a(a)(13). The changes contained in this public notice are occurring in response to the 2015 Acts of the Assembly, Item 301 QQ.

In order to comply with new requirements in a final federal rule entitled "Medicaid Program; Covered Outpatient Drugs" that was published in the Federal Register on February 1, 2016, DMAS proposes the following new payment methodology for pharmacy services effective July 1, 2016:

A. Reimbursement for covered legend and nonlegend drugs shall be the lowest of subdivisions 1 through 4 of this section:

1. The National Average Drug Acquisition Cost (NADAC) of the drug.

2. In cases where no NADAC is available, DMAS will reimburse at Wholesale Acquisition Cost (WAC) + 0%.

3. The Federal Upper Limit (FUL).

4. The provider's usual and customary (U&C) charge to the public, as identified by the claim charge.

B. 340B covered entities and Federally Qualified Health Centers (FQHCs) that fill Medicaid member prescriptions with drugs purchased at the prices authorized under § 340 B of the Public Health Services Act shall bill Medicaid their actual acquisition cost. DMAS shall not accept claims from "contracted pharmacy entities" for drugs purchased through a 340B program. Facilities purchasing drugs through the Federal Supply Scheduled or drug pricing program under 38 USC § 1826 or 42 USC § 1396-8, other than the 340B drug pricing program shall bill Medicaid their actual acquisition cost.

C. Payment for pharmacy services will be as described above; however, payment for covered outpatient legend and nonlegend drugs will include the allowed cost of the drug plus only one professional dispensing fee per month for each specific drug. Exceptions to the monthly dispensing fees shall be allowed for drugs determined by the department to have unique dispensing requirements. The professional dispensing fee for all drugs is $10.65. The professional dispensing fee shall be determined by a cost of dispensing survey conducted at least every five years.

D. There is no expected annual increase or decrease in expenditures. The change is expected to be budget-neutral.

A copy of this notice is available for public review from Donna Proffitt, Manager, Pharmacy Services, Division of Health Care Services, Department of Medical Assistance Services, 600 East Broad Street, Suite 1300, Richmond, VA 23219. Comments or inquiries may be submitted, in writing, within 30 days of this notice publication to Donna Proffitt at email donna.proffitt@dmas.virginia.gov and such comments are available for review at the same address.

Contact Information: Emily McClellan, Regulatory Manager, Division of Policy and Research, Department of Medical Assistance Services, 600 East Broad Street, Suite 1300, Richmond, VA 23219, telephone (804) 371-4300, FAX (804) 786-1680, or email emily.mcclellan@dmas.virginia.gov.

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Department of Medical Assistance Services conducted a small business impact review of 12VAC30-150, Uninsured Medical Catastrophe Fund, and determined that this regulation should be retained in its current form. The Department of Medical Assistance Services is publishing its report of findings dated May 25, 2016, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

The regulations are not likely to create any costs or other effects on small businesses, and the regulations are not anticipated to have an adverse impact on small businesses.

Contact Information: Emily McClellan, Regulatory Manager, Division of Policy and Research, Department of Medical Assistance Services, 600 East Broad Street, Suite 1300, Richmond, VA 23219, telephone (804) 371-4300, FAX (804) 786-1680, or email emily.mcclellan@dmas.virginia.gov.

DEPARTMENT OF TAXATION

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 Taxation is conducting a periodic review and small business impact review of 23VAC10-310, Tax on Wills and Administration. 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 June 13, 2016, and ends July 5, 2016.

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 Kristin Collins, Lead Tax Policy Analyst, Department of Taxation, 600 East Main Street, Richmond, VA 23261-7185, telephone (804) 371-2341, FAX (804) 371-2355, or email kristin.collins@tax.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.

VIRGINIA INFORMATION TECHNOLOGIES AGENCY

Proposed IMSAC Guidance Documents on Trust Frameworks and Identity Proofing and Verification

Notice of action: The Virginia Information Technologies Agency (VITA) is announcing an opportunity for public comment on two proposed guidance documents that were developed by the Identity Management Standards Advisory Council (IMSAC) (§ 2.2-437 of the Code of Virginia). The Identity Management Standards Advisory Council was established by the Virginia General Assembly in 2015 and advises the Secretary of Technology on the adoption of identity management standards and the creation of guidance documents pursuant to § 2.2-436 of the Code of Virginia.

Regulations affected: There are no regulations affected or proposed by this action.

Purpose of notice: IMSAC is seeking comment on whether the two proposed guidance documents should be submitted as currently drafted, or if revisions should be made before the final posting. The guidance documents have been developed by VITA, acting on behalf of the Secretary of Technology, and at the direction of the IMSAC.

IMSAC recommends to the Secretary of Technology guidance documents relating to (i) nationally recognized technical and data standards regarding the verification and authentication of identity in digital and online transactions; (ii) the minimum specifications and standards that should be included in an identity trust framework, as defined in § 59.1-550 of the Code of Virginia, so as to warrant liability protection pursuant to the Electronic Identity Management Act (§ 59.1-550 et seq. of the Code of Virginia); and (iii) any other related data standards or specifications concerning reliance by third parties on identity credentials, as defined in § 59.1-550.

Purpose statement for Identity Proofing & Verification Guidance Document:

The purpose of this document is to establish minimum specifications for identity proofing and verification to enable registration and electronic authentication events within a trust-based identity management system. The document assumes that the identity management system will be supported by a trust agreement, compliant with applicable law.¹

The document limits its focus to identity proofing and verification components of trust-based identity management systems.  Minimum specifications for other components of an identity management system will be defined in separate IMSAC guidance documents in this series, pursuant to §§ 2.2-436 and 2.2-437 of the Code of Virginia.

The document defines minimum requirements, components, process flows, levels of assurance and privacy, and security provisions for identity proofing and verification. The document assumes that specific business, legal, and technical requirements for identity proofing and verification will be established in the trust agreement for each distinct identity management system, and that these requirements will be designed based on the specific level of assurance model supported by the system.

Purpose statement for Trust Frameworks Guidance Document:

The purpose of this document is to establish minimum specifications for operational trust frameworks to enable and support a trust-based identity management system. The document assumes that the identity management system's trust framework will be compliant with applicable law.¹

The document limits its focus to operational trust frameworks for identity management systems.  Minimum specifications for other components of an identity management system will be defined in separate IMSAC guidance documents in this series, pursuant to §§ 2.2-436 and 2.2-437 of the Code of Virginia.

The document defines minimum requirements, components, and related provisions for operational trust frameworks. The document assumes that specific trust frameworks will address the business, legal, and technical requirements for each distinct identity management system, and that these requirements will be designed based on the specific level of assurance model supported by the system.

Public comment period: June 13, 2016, through July 14, 2016.

Public hearing: A public meeting will be held on June 30, 2016, at 11 a.m. The meeting will be held at the Commonwealth Enterprise Solutions Center, 11751 Meadowville Lane, Room 1222, Chester, VA 23836.

Public comment stage: The two guidance documents were developed by IMSAC and are being posted as general notices pursuant to § 2.2-437 C of the Code of Virginia. Proposed guidance documents and general opportunity for oral or written submittals as to those guidance documents shall be posted on the Virginia Regulatory Town Hall and published in the Virginia Register of Regulations as a general notice following the processes and procedures set forth in subsection B of § 2.2-4031 of the Code of Virginia. IMSAC shall allow at least 30 days for the submission of written comments following the posting and publication and shall hold at least one meeting dedicated to the receipt of oral comment no less than 15 days after the posting and publication.

For the purpose of defining the timeframe for public participation and comment, VITA is defining "days" as "calendar days." IMSAC will receive public comment at its June 2016 meeting. For additional information in the definition of "days," please reference page 6 of 15 of VITA's Information Technology Resource Management (ITRM), Policies, Standards and Guidelines (PSGs) Briefs and Supporting Documents found at https://www.vita.virginia.gov/uploadedFiles/VITA_Main_Public/Library/PSGs/ITRMPSG_Brief_Supportdocs.pdf.

IMSAC will hold a meeting dedicated to public comment on June 30, 2016. Meeting details will be posted on the Commonwealth Calendar and the VITA website at https://www.vita.virginia.gov/About/default.aspx?id=6442474171.

Description of proposal: The proposed guidance documents are being posted for review by the general public with an opportunity for public comment.

To review documents: The proposed guidance documents and any supporting documents are available on the VITA website at https://www.vita.virginia.gov/About/default.aspx?id=6442474173 under "May 2, 2016 - Identity Management Standards Advisory Committee"; see "ITRM Guidance Document: Identity Proofing & Verification" and "ITRM Guidance Document: Trust Frameworks." The proposed guidance documents are also available with comments and proposed changes by IMSAC on the VITA website at https://www.vita.virginia.gov/About/default.aspx?id=6442474173 under "May 2, 2016 - Identity Management Standards Advisory Committee; see "Committee working draft: Identity Proofing & Verification" and "Committee working draft: Trust Frameworks."

The documents may also be obtained by contacting the VITA representative listed at the end of this notice.

Federal information: No federal information.

How to comment: IMSAC accepts written comments by email and postal mail. In order to be considered, comments must include the full name, address, and telephone number of the person commenting and be received by VITA by the last day of the comment period. All materials received are part of the public record.

Contact Information: Janice Akers, Virginia Information Technologies Agency, 11751 Meadowville Lane, Chester, VA 23836, telephone (804) 416-6083, or email janice.akers@vita.virginia.gov.

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¹For the purpose of this guidance document, the term "applicable law" shall mean laws, statutes, regulations and rules of the jurisdiction in which each participants of a trust-based identity management system operates.

STATE WATER CONTROL BOARD

Proposed Consent Order for Town of Dayton (Dayton Water and Wastewater Treatment Plant)

An enforcement action has been proposed for the Town of Dayton for violations at Dayton Water and Wastewater Treatment Plant in Dayton, Virginia. The State Water Control Board proposes to issue a consent order to the Town of Dayton 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. Karen Hensley will accept comments by email at karen.hensley@deq.virginia.gov, FAX at (540) 574-7878, or postal mail at Department of Environmental Quality, Valley Regional Office, P.O. Box 3000, Harrisonburg, VA 22801, from June 13, 2016, to July 13, 2016.

Proposed Consent Order for Dominion Raceway Holdings, LLC

An enforcement action has been proposed for Dominion Raceway Holdings, LLC in Spotsylvania County, Virginia. The consent order describes a settlement to resolve violations of State Water Control Law and the applicable regulations associated with the development of the Dominion Raceway Project. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Daniel Burstein will accept comments by email at daniel.burstein@deq.virginia.gov, FAX at (703) 583-3821, or postal mail at Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, from June 14, 2016, through July 14, 2016.

Proposed Consent Special Order for James River Petroleum, Inc.

An enforcement action has been proposed for James River Petroleum, Inc. for alleged violations that occurred at its UST facility located at 16323 Governor Harrison Parkway in Brunswick County. The proposed consent special order requires corrective actions to resolve the noncompliance and payment of a civil charge. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. David Robinett will accept comments by email at david.robinett@deq.virginia.gov, FAX (804) 527-5106, or postal mail at Department of Environmental Quality, Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA 23060-6295, from June 13, 2016, to July 14, 2016.

Notice of Release of the Final 2014 § 305(b)/303(d) Water Quality Assessment Integrated Report

The Virginia Department of Environmental Quality (DEQ) will release the Final 2014 § 305(b)/303(d) Water Quality Assessment Integrated Report on June 13, 2016.

The integrated report combines both the § 305(b) Water Quality Assessment and the § 303(d) Report on Impaired Waters. The draft report was available for public comment December 15, 2014, through January 30, 2015. Comments were received from the public and the U.S. Environmental Protection Agency (EPA). EPA approved the final report on May 19, 2016.

The final report, public comment-response document, and map images are available for download on the website at http://www.deq.virginia.gov/Programs/Water/WaterQualityInformationTMDLs/WaterQualityAssessments/2014305(b)303(d)IntegratedReport.aspx.

Copies are available at no charge on CD-ROM (limit one per person) by request via the webpage or via telephone at (804) 698-4191. These CD-ROMs include the entire final report, all of its appendices, and a digital book of maps developed from the 2014 assessment. Due to the cost of printing, hard copies are only available by special request. Questions regarding the report can be directed to the contact listed below.

Contact Information: Sandra Mueller, Department of Environmental Quality, Office of Water Monitoring and Assessment, P.O. Box 1105, Richmond, VA 23218, by telephone (804) 698-4324, or via email sandra.mueller@deq.virginia.gov.

TMDL Implementation Plan for the North Fork and South Fork Roanoke Rivers, Bradshaw Creek, and Wilson Creek and Tributaries

The Department of Environmental Quality (DEQ) seeks written and oral comments from interested persons on the total maximum daily load (TMDL) Implementation Plan (IP) for the North Fork and South Fork Roanoke Rivers, Bradshaw Creek, and Wilson Creek and tributaries. These streams were listed as impaired on the Virginia's § 303(d) TMDL Priority List and Report due to violations of the state's water quality standard for bacteria. The following is the name of the bacteria "impaired" stream and the length of the impaired segment: North Fork Roanoke River, 16.09 miles; Wilson Creek and unnamed tributary to Wilson Creek, 6.99 miles; Bradshaw Creek, 10.36 miles South Fork Roanoke River, 17.31 miles,  and Goose Creek, 2.30 miles. These stream segments are located in Montgomery County, Roanoke County, and Floyd County. These streams have also been identified as a source of sediment contributing to a benthic impairment on the Roanoke River mainstem.

The TMDL studies for these stream impairments were completed in February 2006 and March 2004, and can be found in the Bacteria TMDLs for Wilson Creek, Ore Branch and Roanoke River Watersheds, Virginia report at http://www.deq.virginia.gov/portals/0/DEQ/Water/TMDL/apptmdls/roankrvr/uroanec.pdf and the Benthic TMDL Development for the Roanoke River, Virginia report at http://www.deq.virginia.gov/portals/0/DEQ/Water/TMDL/apptmdls/roankrvr/uroanbc.pdf.

Section 62.1-44.19:7 C of the Code of Virginia requires the development of an IP for approved TMDLs. The IP should provide measurable goals and the date of expected achievement of water quality objectives. The IP should also include the corrective actions needed and associated costs, benefits, and environmental impacts.

A public meeting will be held to discuss the draft implementation plan for the North Fork and South Fork Roanoke Rivers, Bradshaw Creek, and Wilson Creek and tributaries. At this meeting, the process by which an implementation plan was developed to restore water quality in the watershed will be discussed and citizens will learn how they can be part of the water quality improvement process.

The public meeting will be held at 6 p.m. on July 14, 2016, at the Meadowbrook Center, 267 Alleghany Spring Road, Shawsville, VA 24162. Parking is available on the Meadowbrook Library side of the center.

DEQ accepts written comments by email, fax, or postal mail. The 30-day public comment period on the information presented at the meeting and the draft plan will end on August 12, 2016. Questions or information requests should be addressed to Mary Dail with the Virginia Department of Environmental Quality. Written comments and inquiries should include the name, address, and telephone number of the person submitting the comments.

Contact Information: Mary Dail, Department of Environmental Quality, 3019 Peters Creek Road, Roanoke, VA 24019, telephone (540) 562-6715, FAX (540) 562.6725, or email mary.dail@deq.virginia.gov.

Notice of Public Meeting for the Development of a TMDL Implementation Plan - Upper Goose Creek Watersheds: Goose Creek, Gap Run, Bolling Branch, Crooked Run, Goose Creek (unnamed tributary); Cromwells Run; Little River and Howsers Branch Fauquier and Loudon Counties, Virginia

The Virginia Department of Environmental Quality (DEQ) will host public meetings on a water quality study for portions of Goose Creek, Gap Run, Bolling Branch, Crooked Run, Cromwells Run, Little River and Howsers Branch on June 21, 2016.

The meeting will start at 6 p.m. The meeting will be held at Wakefield School, located at 4439 Old Tavern Road, The Plains, VA 20198.

The waters listed for this study were identified in Virginia's Water Quality Assessment Integrated Report as impaired for not supporting the E.coli bacteria criteria for recreational uses. The impairments are based on water quality monitoring data reports of sufficient exceedences of Virginia's water quality standard for bacteria.

At this meeting, total maximum daily load (TMDL) findings and the development of the implementation plan will be discussed and citizens will learn how they can be part of the public participation process. DEQ seeks information and involvement of local citizens in developing this plan. After a one-hour public meeting, stakeholders will break into working group sessions to discuss and provide input for the implementation 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 total maximum daily loads for pollutants responsible for each impaired water contained in Virginia's § 303(d) TMDL Priority List and Report and subsequent water quality assessment reports. 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 TMDL report for Goose Creek, which was approved by EPA on May 1, 2003, and by the State Water Control Board on June 17, 2004, can be found at http://www.deq.virginia.gov/portals/0/DEQ/Water/TMDL/apptmdls/potrvr/goose.pdf.

Additional information is also available on the DEQ website at www.deq.virginia.gov/tmdl.

The public comment period on materials presented at this meeting will extend from June 21, 2016, to July 21, 2016. For additional information or to submit comments, contact May Sligh.

Contact Information: May Sligh, Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, telephone (804) 450-3802, or email may.sligh@deq.virginia.gov.

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.