DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES

Proposed Renewal of Variances to Regulations to Assure the Rights of Individuals Receiving Services from Providers Licensed, Funded, or Operated by the Department of Behavioral Health and Developmental Services (12VAC35-115)

Notice of action: The Department of Behavioral Health and Developmental Services (DBHDS), in accordance with Part VI, Variances (12VAC35-115-220), of the Regulations to Assure the Rights of Individuals Receiving Services from Providers Licensed, Funded, or Operated by the Department of Behavioral Health and Developmental Services (DBHDS) (12VAC35-115), hereafter referred to as the "Human Rights Regulations," is announcing an opportunity for public comment on the applications for renewal of existing variances to the Human Rights Regulations. The purpose of the Human Rights Regulations is to ensure and protect the human rights of individuals receiving services in facilities or programs operated, licensed, or funded by DBHDS.

Each variance application references the specific part of the Human Rights Regulations to which a variance is needed, the proposed wording of the substitute rule or procedure, and the justification for a variance. Each application also describes time limits or other conditions on the duration of the proposed variance and the circumstances that will end the applicability of the variance. After considering all available information including comments, DBHDS intends to submit a written decision deferring, disapproving, modifying, or approving each variance renewal application. All variances shall be approved for a specific time period. The decision and reasons for variance will be published in a later issue of the Register of Regulations.

Purpose of notice: DBHDS is seeking comment on the applications for renewal of the following five existing variances:

A. One variance at Holiday House of Portsmouth, Inc.

Contact list: Variance to Procedures to Ensure Dignity, 12VAC35-115-50 C 8.

Holiday House of Portsmouth is a children's residential program. The facility staff assumes the responsibility for the safety and well-being of the individuals. In order to meet the needs of the individuals receiving services (youth) and protect their rights and privileges, the program will restrict visitation to only those placed on a contact list generated at admission by the individual and the parent/legal guardian. For safety measures, staff are required to check the visitation list to ensure that the visitor is on the list before visitation is granted. The list can be revised at any time per request of the individual and the parent/legal guardian.

B. Four variances at DBHDS Central State Hospital (CSH).

1. Searches and examinations of patients and property in civil and forensic programs:

Variance to Assurance of Respect for Basic Human Dignity, 12VAC35-115-20 A 2.

Variance to Procedures to Ensure Dignity, 12VAC35-115-50 C 3 a.

In specified circumstances, CSH Policy RTS-12c and Policy RTS-26D permits CSH staff in civil and forensic programs to conduct (a) a search of the patient's living area; (b) a search of the patient's property; (c) a visual or electronic external examination of a fully clothed patient; (d) a physical "pat down" of a fully clothed patient; (e) a complete visual inspection of a patient's body with his or her clothing removed; and (f) a body cavity examination of a patient. CSH has guidelines for identifying and preventing the presence and possession of contraband and other dangerous items. This variance and related policies attempt to strike a balance between respect for patient dignity and autonomy and its responsibility to ensure that it detects and removes those items that pose a safety or security risk within its setting. The Local Human Rights Committee (LHRC) is updated monthly on the implementation of this variance.

2. Mail in forensic programs: Variance to Procedures to Ensure Dignity, 12VAC35-115-50 C 6 and C 6 a.

CSH opens, but does not read the mail and packages in the presence of nonforensic patients in secure forensic programs for the purpose of identifying and preventing the presence and possession of contraband and other dangerous items. This variance is intended to provide a safe environment for high risk patients in secure forensic programs. The LHRC is updated monthly on the implementation of this variance.

3. Money in forensic programs: Variance to Procedures for Restrictions on Freedoms of Everyday Life, 12VAC35-115-100.

Background: The vast majority of individuals admitted to secure forensic programs are transferred directly from jail under Title 19.2 of the Code of Virginia for the purpose of receiving evaluation or treatment. However, a number of individuals within secure forensic programs are civilly committed directly from the Department of Corrections or remain in a secure program under a civil commitment status after being found unrestorably incompetent to stand trial or following the dismissal of their criminal charges. Such individuals are routinely reassessed for appropriateness for transfer to a less restrictive treatment setting. In the event their level of risk precludes such a transfer, they are managed in a manner that is consistent with the overall level of risk that justifies continuing treatment in a secure setting.

Nonforensic patients within secure forensic programs are provided opportunities to purchase items in a canteen within the secure forensic perimeter and from external providers. However, patients in forensic units are not permitted to retain any form of money on their person within the secure perimeter. This forensic security practice reduces the likelihood of (a) coins being used as weapons or to compromise the security and surveillance system; and (b) the use of cash to facilitate an elopement by either forensic or nonforensic patients. The LHRC is updated monthly on the implementation of this variance.

4. Clothed "pat downs" and bedroom searches in forensic programs:

Variance to Assurance of Respect for Basic Human Dignity, 12VAC35-115-20 A 2.

Variance to Procedures to Ensure Dignity, 12VAC35-115-50 C 3 a.

CSH conducts routine "pat downs" of all fully clothed patients in secure forensic units (a) before and after group movement within the secure perimeter; (b) anytime a patient leaves the secure perimeter; or (c) anytime a patient has physical access to a visitor who is not an employee of CSH. CSH also conducts proactive routine searches of patients' bedroom areas in the presence of the patient to identify contraband or breaches of safety and security. CSH's practices of these routine searches are essential to safety and security of staff and patients and to maintaining the integrity of the secure perimeter. The LHRC is updated monthly on the implementation of this variance.

Variances to the Human Rights Regulations by the providers listed above are reviewed by the State Human Rights Committee (SHRC) at least annually, with reports to the SHRC regarding the variances as requested.

Public comment period: October 3, 2016, through November 2, 2016.

Description of proposals: Applications for renewal of a variance must comply with the general requirements of Part VI, Variances (12VAC35-115-220), of the Human Rights Regulations.

How to comment: DBHDS 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 DBHDS by the last day of the comment period. All information received is part of the public record.

To review a proposal: Variance applications and any supporting documentation may be obtained by contacting the DBHDS representative named below.

Contact Information: Deborah Lochart, Director, Office of Human Rights, Department of Behavioral Health and Developmental Services, 1220 Bank Street, P.O. Box 1797, Richmond, VA 23218-1797, telephone (804) 786-0032, FAX (804) 804 371-4609, or email deb.lochart@dbhds.virginia.gov.

VIRGINIA EMPLOYMENT COMMISSION

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 Virginia Employment Commission is currently reviewing each of the regulations listed below to determine whether the regulation should be repealed, amended, or retained in its current form. The review of each regulation will be guided by the principles in Executive Order 17 (2014). Public comment is sought on the review of any issue relating to each 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.

16VAC5-5, Public Participation Guidelines

16VAC5-10, Definitions and General Provisions

16VAC5-20, Unemployment Taxes

16VAC5-32, Required Records and Reports

16VAC5-42, Combined Employer Accounts

16VAC5-50, Employer Elections to Cover Multistate Workers

16VAC5-60, Benefits

16VAC5-70, Interstate and Multistate Claimants

16VAC5-80, Adjudication

Contact Information: Lisa J. Rowley, Chief Administrative Law Judge, Director of Administrative Law Division, 703 East Main Street, P.O. Box 1358, Richmond, VA 23218-1358, telephone (804) 786-4140, FAX (804) 786-9034, or email lisa.rowley@vec.virginia.gov.

The comment period begins October 3, 2016, and ends October 24, 2016.

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 Virginia Regulatory Town Hall, and a report of the small business impact review will be published in the Virginia Register of Regulations.

DEPARTMENT OF ENVIRONMENTAL QUALITY

SunEnergy1 Notice of Intent - Small Renewable Energy Project (Solar) Permit by Rule

SunEnergy1 has notified the Department of Environmental Quality of its intent to submit the necessary documentation for a permit by rule (PBR) for the construction of a small renewable energy project (solar) in Mechanicsville, Virginia, pursuant to 9VAC15-60. This 20 megawatts alternating current project will be a ground-mounted solar photovoltaic facility utilizing a single-axis tracking system and comprised of approximately 93,000 solar modules. The facility will be constructed on approximately 250 acres located approximately at 3028 Mechanicsville Turnpike, Mechanicsville, Virginia, GPS point 37.667591 and 77.197951, in Hanover County. The site is zoned A-l agricultural and rezoning will not be required; however, Hanover County will require the issuance of a conditional use permit for which an application is in process. Dominion Virginia Power will be the interconnecting utility and will be purchasing the power from this project to meet its goals for renewable and diverse energy generation. If the public has any questions regarding this project's PBR application, please contact Linda Nwadike at telephone (704) 662-0375 ext. 104 or email linda.nwadike@sunenergyl.com.

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 September 14, 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 One Hundred Twelve (16)

"7-Eleven Holiday Games Activations" Virginia Lottery Retailer Incentive Program Requirements (effective November 1, 2016)

Director's Order Number One Hundred Thirteen (16)

"Holiday Games Llama Sign" Virginia Lottery Retailer Incentive Program Requirements (effective December 1, 2016)

Director's Order Number One Hundred Fourteen (16)

"Lucky 15% Retailer Incentive Promotion" Virginia Lottery Retailer Incentive Program Requirements (effective November 1, 2016)

Director's Order Number One Hundred Fifteen (16)

"Holiday Madness Bin Sales Retailer Incentive Promotion" Virginia Lottery Retailer Incentive Program Requirements (effective November 1, 2016)

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 under Documents, Instructions and Publications as "Commercial Activities List - 2015."

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 October 3, 2016, and end October 17, 2016. Please include "CAL" in the subject of the email.

Contact Information: Cari Corr, Department of Planning and Budget, 1111 East Broad Street, Richmond, VA 23219, telephone (804) 225-4549, or email cari.corr@dpb.virginia.gov.

STATE WATER CONTROL BOARD

Total Maximum Daily Loads for Kits Creek

The Department of Environmental Quality (DEQ) seeks written and oral comments from interested persons on the development of total maximum daily loads (TMDLs) for Kits Creek in Lunenburg County, Virginia. This stream is listed on the 2008 § 303(d) TMDL Priority List and Report as impaired due to violations of the state's water quality standards for the aquatic life use due to poor health of the benthic macroinvertebrate community.

Section 303(d) of the Clean Water Act and § 62.1-44.19:7 C of the State Water Control Law require the DEQ to develop TMDLs for pollutants responsible for each impaired water contained in Virginia's § 303(d) TMDL Priority List and Report.

The Kits Creek stream segment is located in Lunenburg County. It is 4.8 miles in length and begins at the headwaters and continues to the confluence with the North Meherrin River.

The final public meeting on the development of the TMDL for Kits Creek watershed will be held on October 6, 2016, 6 p.m. until 8 p.m., Historic Courthouse, 11435 Courthouse Road, Lunenburg, VA 23952. In case of inclement weather, the alternate meeting date is October 11, 2016, 6 p.m. until 8 p.m., Historic Courthouse, 11435 Courthouse Road, Lunenburg, VA 23952.

The public comment period will begin October 7, 2016, and end November 7, 2016.

An advisory committee to assist in development of this TMDL was convened on June 14, 2016.

A component of a TMDL is the waste load allocation (WLA); therefore, this notice is provided pursuant to § 2.2-4006 A 14 of the Administrative Process Act for any future adoption of the TMDL WLAs.

Information on the development of the TMDLs for the impairments is available upon request. Questions or information requests should be addressed to the DEQ contact person listed below. Please note, all written comments should include the name, address, and telephone number of the person submitting the comments and should be sent to Paula Main, Department of Environmental Quality, 7705 Timberlake Road, Lynchburg, VA 24502, telephone (434) 582-6216, or email paula.main@deq.virginia.gov.

Proposed Consent Order for LCVA Holdings LLC

An enforcement action has been proposed for LCVA Holdings LLC, for violations of the State Water Control Law and regulations at the Chantilly Place Sewage Treatment Plant located in Chantilly, Virginia. The State Water Control Board proposes to issue a consent order to resolve violations associated with the Chantilly Place Sewage Treatment Plant. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Stephanie Bellotti will accept comments by email at stephanie.bellotti@deq.virginia.gov, or postal mail at Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, from October 4, 2016, through November 3, 2016.

Proposed Consent Order for Town of Pound

An amendment to enforcement action has been proposed for the Town of Pound for violations of the State Water Control Law at the Pound Wastewater Treatment Plant in Wise County, Virginia. The amendment to consent order changes due dates in the Appendices A and B Schedules of Compliance, but does not alter, modify, or amend any other provision of the existing consent order. Unmodified provisions of the consent order remain in effect by their own terms. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Ralph T. Hilt will accept comments by email at ralph.hilt@deq.virginia.gov, FAX at (276) 676-4899, or postal mail at Department of Environmental Quality, Southwest Regional Office, 355-A Deadmore Street, Abingdon, VA 24210, from October 4, 2016, to November 3, 2016.

Proposed Consent Order for Spotsylvania Courthouse Village II, LLC

An enforcement action has been proposed for the Spotsylvania Courthouse Village II, 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 Spotsylvania Courthouse Village Area C, Phase 1 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 October 4, 2016, through November 3, 2016.

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.