DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Department of Agriculture and Consumer Services conducted a small business impact review of 2VAC5-195, Prevention and Control of Avian Influenza in the Live-Bird Marketing System, and determined that this regulation should be retained in its current form. The Department of Agriculture and Consumer Services is publishing its report of findings dated April 3, 2017, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

The agency has determined that there is a continuing need for this regulation in order to protect the Virginia poultry industry, which includes many small businesses, from the spread of avian influenza through the live-bird marketing system.

There have been no complaints from the public concerning the regulation. The regulation is not unnecessarily complex. The regulation does not specifically duplicate any federal or state law or regulations. The regulation is reviewed periodically but has not changed substantially since it was adopted in 2006. The agency has determined that no changes have occurred in the area affected by this regulation since the last periodic review that would make it necessary to amend or repeal the regulation. The agency has determined that the current version of the regulation is consistent with current industry practices and is the least burdensome and least intrusive alternative.

Contact Information: Dr. Carolynn Bissett, Program Manager, Office of Veterinary Services, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone (804) 786-4560, FAX (804) 371-2380, or email carolynn.bissett@vdacs.virginia.gov.

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Department of Agriculture and Consumer Services conducted a small business impact review of 2VAC5-220, Virginia Horse Breeder Incentive Program, and determined that this regulation should be retained in its current form. The Department of Agriculture and Consumer Services is publishing its report of findings dated April 3, 2017, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

The agency has determined that there is a continuing need for this regulation in order to encourage the growth of the Virginia horse breeding industry, which includes many small businesses.

There have been no complaints from the public concerning the regulation. The regulation is not unnecessarily complex. There is no overlap with federal or state law or regulations. The agency has determined that no changes have occurred in the area affected by this regulation since the last periodic review that would make it necessary to amend or repeal the regulation. The agency has determined that the current version of the regulation is consistent with current industry practices and is the least burdensome and least intrusive alternative.

Contact Information: Heather Wheeler, Business and Marketing Specialist, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone (804) 371-8993, FAX (804) 371-7786, or email heather.wheeler@vdacs.virginia.gov.

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Department of Agriculture and Consumer Services conducted a small business impact review of 2VAC5-318, Rules and Regulations for Enforcement of the Virginia Pest Law - Thousand Cankers Disease Quarantine, and determined that this regulation should be retained in its current form. The Department of Agriculture and Consumer Services is publishing its report of findings dated April 12, 2017, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

This regulation was put in place to help prevent the artificial spread of thousand cankers disease to uninfested areas of the Commonwealth by regulating the movement of the articles that are capable of transporting the disease. Spread of this disease by the Walnut Twig Beetle, which is the vector for this disease, could impact Virginia's walnut tree population by infecting and ultimately killing walnut trees. The agency has determined that this regulation should be retained in order to provide protection against spread of this potentially harmful disease of walnuts.

There have been no complaints from the public concerning the regulation. This regulation does not overlap, duplicate, or conflict with federal or state law or regulations. The agency has determined that no changes have occurred in the area affected by this regulation since the last periodic review that would make it necessary to amend or repeal the regulation. The agency has determined that the current version of this regulation is consistent with current industry practices and is the least burdensome and least intrusive alternative

Contact Information: Debra Martin, Program Manager, Office of Plant Industry Services, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone (804) 786-3515, FAX (804) 371-7793, or email debra.martin@vdacs.virginia.gov.

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Department of Agriculture and Consumer Services conducted a small business impact review of 2VAC 5-325, Regulations Governing Pine Shoot Beetle, and determined that this regulation should be retained in its current form. The Department of Agriculture and Consumer Services is publishing its report of findings dated April 12, 2017, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

The purpose of this regulation is to delay the long distance (artificial) spread of the Pine Shoot Beetle (PSB) from infested areas to noninfested areas in order to reduce its impact on Virginia landowners, including Christmas tree growers, many of whom are small business owners, and forest users. The agency has determined that this regulation should be retained in order to provide protection against the artificial spread of the PSB.

There have been no complaints from the public concerning the regulation. This regulation does not overlap, duplicate, or conflict with federal or state law or regulations. The agency has determined that no changes have occurred in the area affected by this regulation since the last periodic review that would make it necessary to amend or repeal the regulation. The agency has determined that the current version of this regulation is consistent with current industry practices and is the least burdensome and least intrusive alternative.

Contact Information: Debra Martin, Program Manager, Office of Plant Industry Services, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone (804) 786-3515, FAX (804) 371-7793, or email debra.martin@vdacs.virginia.gov.

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Department of Agriculture and Consumer Services conducted a small business impact review of 2VAC5-390, Rules and Regulations for the Enforcement of the Virginia Seed Law, and determined that this regulation should be retained in its current form. The Department of Agriculture and Consumer Services is publishing its report of findings dated April 12, 2017, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

The provisions of this regulation ensure that seeds continue to be tested to determine the accuracy of the labels on seeds offered for sale in the Commonwealth as to seed purity, germination, trueness to variety, and absence of noxious weeds. The regulation provides for testing for farmers, seed producers, and consumers. In carrying out its seed testing responsibilities, the seed laboratory works with the Virginia Crop Improvement Association, the VCIA Foundation Seed Farm for its certification program, and the Federal Seed Laboratory for the enforcement of the Federal Seed Act. The agency has determined that this regulation should be retained in order to continue to protect and support the economic welfare of farmers and processors, many of whom are small business owners, as well as consumers.

There have been no complaints from the public concerning the regulation. The regulation is not unnecessarily complex. There is no overlap with federal or state law or regulations. The agency has determined that no changes have occurred in the area affected by this regulation since the last periodic review that would make it necessary to amend or repeal the regulation. The agency has determined that the current version of the regulation is consistent with current industry practices and is the least burdensome and least intrusive alternative.

Contact Information: Debra Martin, Program Manager, Office of Plant Industry Services, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone (804) 786-3515, FAX (804) 371-7793, or email debra.martin@vdacs.virginia.gov.

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Department of Agriculture and Consumer Services conducted a small business impact review of 2VAC5-450, Rules and Regulations Relating to the Virginia Plants and Plant Products Inspection Law, and determined that this regulation should be retained in its current form. The Department of Agriculture and Consumer Services is publishing its report of findings dated April 3, 2017, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

The agency has determined that there is a continuing need for this regulation in order to provide protection against spread of potentially harmful pests and diseases. Provisions of this regulation require inspection of certain plants, thereby minimizing the spread of plant diseases and the associated negative impact to nursery operations, many of which are small businesses, from the plant disease.

There have been no complaints from the public concerning the regulation. The regulation is not unnecessarily complex. There is no overlap with federal or state law or regulations. The agency has determined that no changes have occurred in the area affected by this regulation since the last periodic review that would make it necessary to amend or repeal the regulation. The agency has determined that the current version of the regulation is consistent with current industry practices and is the least burdensome and least intrusive alternative.

Contact Information: Debra Martin, Program Manager, Office of Plant Industry Services, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone (804) 786-3515, FAX (804) 371-7793, or email debra.martin@vdacs.virginia.gov.

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Department of Agriculture and Consumer Services conducted a small business impact review of 2VAC5-600, Regulations Pertaining to Food for Human Consumption, and determined that this regulation should be retained in its current form. The Department of Agriculture and Consumer Services is publishing its report of findings dated March 29, 2017, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

This regulation is necessary for the protection of public health and the safety and welfare of citizens in the Commonwealth. Without specific regulations to address safety related requirements for multiple commodities, multiple food processes, adulterants in food products, food additives, and proper labeling as well as sanitary requirements for food establishments there is no reasonable way to provide an appropriate level of food safety oversight for the various food product processes and food products that are prepared, held, and sold to consumers in Virginia. However, it does provide an appropriate level of guidance as well as the requirements necessary to ensure that consumers in Virginia purchase and consume safe food products.

This regulation adopts by reference certain parts of the Code of Federal Regulations (Title 21), so it is duplicative of existing federal regulations. However, the enforcement of regulatory requirements for food establishments, food products, and food processes within Virginia's boundaries lies primarily with the Commonwealth and not with the federal government. Therefore, the adoption and enforcement of these regulations at a state level are appropriate and necessary to ensure a proper level of food safety within the Commonwealth. The agency has determined that minimal changes have occurred in technology and economic conditions in the area affected by this regulation since the last periodic review, but these changes do not necessitate amending or repealing the regulation. The regulations, as they currently exist, provide basic, essential requirements for food establishments, food commodities, and food processes while simultaneously minimizing the negative economic impact on small businesses. The agency has determined that that current version of the regulation is consistent with current industry practices and is the least burdensome and least intrusive alternative.

Contact Information: Ryan Davis, Program Manager, Office of Dairy and Foods, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone (804) 786-8910, FAX (804) 371-7792, or email ryan.davis@vdacs.virginia.gov.

DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES

Proposed Amendments to Rules and Regulations for Licensing Providers by the Department of Behavioral Health and Developmental Services

Notice of action: The Department of Behavioral Health and Developmental Services (DBHDS) is announcing an opportunity for public comment on preliminary draft text to the definitions section (12VAC35-105-20) of Rules and Regulations for Licensing Providers by the Department of Behavioral Health and Developmental Services.

Purpose of notice: DBHDS is required to alert interested stakeholders to the changes in law and the subsequent need for regulatory changes. Chapter 136 of the 2017 Acts of Assembly directs the State Board of Behavioral Health and Developmental Services to adopt changes related to professional qualifications of Qualified Mental Health Professionals (QMHPs) regarding Occupational Therapists. Specifically, the board shall amend 12VAC35-105-20 of the Virginia Administrative Code to include (i) occupational therapists in the definitions of Qualified Mental Health Professional-Adult, Qualified Mental Health Professional-Child, and Qualified Mental Retardation Professional and (ii) occupational therapy assistants in the definition of Qualified Paraprofessional in Mental Health. In amending these definitions, the board shall require educational and clinical experience for occupational therapists and occupational therapy assistants that is substantially equivalent to comparable professionals listed in current regulations.

DBHDS will provide a draft, along with any public comments received, to the State Board of Behavioral Health at its next meeting on July 12, 2017.

Draft text on which to comment:

"Qualified Mental Health Professional-Adult (QMHP-A)" means a person registered with the Board of Counseling, who is in the human services field and is trained and experienced in providing psychiatric or mental health services to individuals adults who have a mental illness; including (i) a doctor of medicine or osteopathy licensed in Virginia; (ii) a doctor of medicine or osteopathy, specializing in psychiatry and licensed in Virginia; (iii) an individual with a master's degree in psychology from an accredited college or university with at least one year of clinical experience; (iv) a social worker: an individual with at least a bachelor's degree in human services or related field (social work, psychology, psychiatric rehabilitation, sociology, counseling, vocational rehabilitation, human services counseling or other degree deemed equivalent to those described) from an accredited college and with at least one year of clinical experience providing direct services to individuals with a diagnosis of mental illness; (v) a person with at least a bachelor's degree from an accredited college in an unrelated field that includes at least 15 semester credits (or equivalent) in a human services field and who has at least three years of clinical experience; (vi) a Certified Psychiatric Rehabilitation Provider (CPRP) registered with the United States Psychiatric Rehabilitation Association (USPRA); (vii) a registered nurse licensed in Virginia with at least one year of clinical experience; (viii) a licensed occupational therapist with at least one year of clinical experience providing direct services to individuals with a diagnosis of mental illness; or (ix) any other licensed mental health professional.

"Qualified Mental Health Professional-Child (QMHP-C)" means a person registered with the Board of Counseling who is in the human services field and is trained and experienced in providing psychiatric or mental health services to children who have a mental illness. To qualify as a QMHP-C, the individual must have the designated clinical experience and must either (i) be a doctor of medicine or osteopathy licensed in Virginia; (ii) have a master's degree in psychology from an accredited college or university with at least one year of clinical experience with children and adolescents; (iii) have a social work bachelor's or master's degree from an accredited college or university with at least one year of documented clinical experience with children or adolescents; (iv) be a registered nurse with at least one year of clinical experience with children and adolescents; (v) have at least a bachelor's degree in a human services field or in special education from an accredited college with at least one year of clinical experience with providing direct services to children and or adolescents with a diagnosis of mental illness; (vi) be a licensed occupational therapist with at least one year of clinical experience providing direct services to children or adolescents with a diagnosis of mental illness, or (vi) (vii) be a licensed mental health professional.

"Qualified Mental Health Professional-Eligible (QMHP-E)" means a person who has: (i) at least a bachelor's degree in a human service field or special education from an accredited college without one year of clinical experience or, (ii) a licensed occupational therapist with less than one year of clinical experience providing direct services to individuals with a diagnosis of mental illness, or (ii) (iii) at least a bachelor's degree in a nonrelated field and is enrolled in a master's or doctoral clinical program, taking the equivalent of at least three credit hours per semester and is employed by a provider that has a triennial license issued by the department and has a department and DMAS-approved supervision training program.

"Qualified Paraprofessional in Mental Health (QPPMH)" means a person registered with the Board of Counseling who must meet at least one of the following criteria: (i) registered with the United States Psychiatric Association (USPRA) as an Associate Psychiatric Rehabilitation Provider (APRP); (ii) has an associate's degree in a related field (social work, psychology, psychiatric rehabilitation, sociology, counseling, vocational rehabilitation, human services counseling) and at least one year of experience providing direct services to individuals with a diagnosis of mental illness; or (iii) is licensed as an occupational therapy assistant and is supervised by a licensed occupational therapist with at least one year of experience providing direct services to individuals with a diagnosis of mental illness; or (iv) has a minimum of 90 hours classroom training and 12 weeks of experience under the direct personal supervision of a QMHP-Adult providing services to individuals with mental illness and at least one year of experience (including the 12 weeks of supervised experience).

Public comment period: May 29, 2017, through June 29, 2017.

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.

Contact Information: Cleopatra L. Booker, Psy.D., Director, Office of Licensing, Virginia Department of Behavioral Health and Developmental Services, P.O. Box 1797, 1220 Bank Street, Richmond, VA 23218-1797, telephone (804) 786-1747, FAX (804) 692-0066, or email cleopatra.booker@dbhds.virginia.gov.

STATE CORPORATION COMMISSION

Bureau of Insurance

May 4, 2017

Administrative Letter 2017-02

To: All Insurers and Other Interested Parties

Re: Insurance-Related Legislation Enacted by the 2017 Virginia General Assembly

We have attached for your reference summaries of certain insurance-related statutes enacted or amended and re-enacted during the 2017 Session of the Virginia General Assembly. The effective date of these statutes is July 1, 2017, 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?171+men+BIL 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 2017 Session.  Each person or organization is responsible for review of relevant statutes.

/s/ Jacqueline K. Cunningham
Commissioner of Insurance

Chapter 39 (Senate Bill 994)

The bill authorizes the State Corporation Commission (Commission) to refund assessment overpayments to insurers and surplus line brokers without issuing a refund order. The measure conforms these procedures to other refunding provisions administered by the Bureau of Insurance (Bureau).

Chapter 287 (House Bill 1656) Effective March 3, 2017

The bill prohibits health insurance policies and plans from holding proton radiation therapy to a higher standard of clinical evidence for benefit coverage decisions than is applied for other types of radiation therapy treatment. The measure applies to policies and plans that provide coverage for cancer therapy. The bill was effective from its passage.

Chapter 477 (House Bill 1471)

The bill adopts revisions to the Credit for Reinsurance Model Law adopted by the NAIC.  It authorizes the Commission to adopt regulations specifying additional requirements relating to or setting forth the valuation of assets or reserve credits; the amount and forms of security supporting certain reinsurance arrangements; and the circumstances pursuant to which credit will be reduced or eliminated. The new regulation will address reinsurance arrangements entered into with life/health insurer-affiliated captives, special purpose vehicles or similar entities that may not have the same statutory accounting or solvency requirements as U.S.-based multi-state life/health insurers.

Chapter 482 (House Bill 1835)

The bill allows a funeral service provider to request, and allows a life insurer to provide, information about a deceased person's life insurance policy, including the name and contact information of any beneficiaries of record. The bill requires a funeral service provider to whom such information is provided to make all reasonable efforts to contact all beneficiaries of record, if the beneficiary is not the decedent's estate, within four calendar days of receiving such information and provide to the beneficiaries all information provided to the funeral service provider by the insurance carrier. The bill also requires the funeral service provider to inform the beneficiaries that the beneficiary of a life insurance policy has no legal duty or obligation to pay any amounts associated with the provision of funeral services or the debts or obligations of the deceased.

Chapter 588 (House Bill 2037)

The bill provides that when there is no amount actually paid or payable by a health insurer, health services plan, or health maintenance organization to a provider for covered services, the insurer, health services plan, or health maintenance organization is required to calculate the cost-sharing obligation of the insured, subscriber, or enrollee based on a pre-established allowed amount.

Chapter 615 (House Bill 1450)

The bill provides that if a pharmacy has provided notice through an intermediary of its agreement to accept reimbursements at rates applicable to preferred providers, the insurer or its intermediary may elect to respond directly to the pharmacy instead of the intermediary. The measure does not require an insurer to contract with a pharmacy's intermediary and does not prohibit an insurer or its intermediary from contracting with or disclosing confidential information to a pharmacy's intermediary.

Chapter 643 (House Bill 2102) Effective January 1, 2018

This new article outlines the requirements for completing and submitting a Corporate Governance Annual Disclosure (CGAD) with the Commission, and provides for the confidential treatment of the CGAD and related information. The bill requires all domestic insurers, or the insurance group of which they are a member, to file a CGAD on June 1 of each calendar year.  The CGAD is a confidential report related to an insurer or insurance group's internal operations which summarizes its corporate governance structure, policies and practices.

Chapter 648 (House Bill 2422)

The bill provides that an insurance institution or agent which shares nonpublic personal information with non-affiliated parties only in accordance with § 38.2-613 does not have to continue to provide the annual privacy notice if the insurance institution's or agent’s sharing practices have not changed since the last time a notice was given. If the insurance institution or agent changes its sharing practices, then a notice outlining the new practices must be given to the consumer.

Chapter 653 (Senate Bill 1074)

Chapter 250 of the 2016 Acts of Assembly repealed provisions relating to the licensure and operations of automobile clubs. This bill amends the definition of "insurance" in § 38.2-100 to clarify that service agreements (defined in § 38.2-514.1) offered by automobile clubs are not "insurance."

Chapter 655 (Senate Bill 1158)

The bill requires a foreign reciprocal to obtain a license to transact the business of insurance in the Commonwealth if an affiliate of the foreign reciprocal is licensed to write the class of insurance it proposes to write in Virginia and is writing actively that class of insurance in its state of domicile or at least two other states. The measure also provides that a foreign or alien reciprocal is prohibited from transacting the business of insurance in Virginia until it obtains from the SCC both a certificate of authority and a license to transact the business of insurance in the Commonwealth.

Chapter 716 (House Bill 2267)

The bill requires any health benefit plan that is amended, renewed, or delivered on or after January 1, 2018, that provides coverage for hormonal contraceptives, to cover up to a 12-month supply of hormonal contraceptives when dispensed or furnished at one time for a covered person by a provider or pharmacy or at a location licensed or otherwise authorized to dispense drugs or supplies. 

Chapter 727 (House Bill 1542) Effective January 1, 2018

The bill transfers responsibility for regulating home service contract providers from the Commission to the Commissioner of the Department of Agriculture and Consumer Services. 

Chapter 756 (House Bill 2318) Effective January 1, 2018

The bill removes from the definition of "birth-related neurological injury" a provision that it applies retroactively to any child born on and after January 1, 1988, who suffers from an injury to the brain or spinal cord caused by the deprivation of oxygen or mechanical injury occurring in the course of labor, delivery or resuscitation in the immediate post-delivery period in a hospital. The bill also requires the Commission to prepare a report containing options and recommendations for improving the actuarial soundness of financing for the Virginia Birth-Related Neurological Injury Compensation Program for the Governor and Chairmen of the House Appropriations and Senate Finance Committees no later than November 1, 2017.

DEPARTMENT OF ENVIRONMENTAL QUALITY

Gloucester Solar, LLC Notice of Intent for Small Renewable Energy (Solar) Project Permit by Rule - Gloucester County

The Department has received a notice of intent to submit the necessary documentation for a permit by rule for a small renewable energy project (solar) in Gloucester County from Gloucester Solar, LLC. The project is located on 203.55 acres of agricultural land off of Route 14. The project will be sized to 19.8 megawatts of alternating current, with approximately 75,000 solar panels on single axis tracter technology.

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.

OneEnergy Solidago, LLC Notice of Intent for Small Renewable Energy (Solar) Project Permit by Rule - Isle of Wight County

The department has received a notice of intent to submit the necessary documentation for a permit by rule for a small renewable energy solar project from OneEnergy Renewables for the OneEnergy Solidago, LLC project in Isle of Wight County. The OneEnergy Solidago, LLC, project is a 20-megawatt project near Isle of Wight. The project will be sited on rought 160 acres over multiple parcels south of Isle of Wight along Courthouse Highway and Redhouse Road.

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.

OneEnergy Sweetspire, LLC Notice of Intent for Small Renewable Energy (Solar) Project Permit by Rule - Hanover County

The department has received a notice of intent to submit the necessary documentation for a permit by rule for a small renewable energy solar project from OneEnergy Renewables for the OneEnergy Sweetspire, LLC project in Hanover County. The OneEnergy Sweetspire, LLC, project is a 20-megawatt project near Old Church, Hanover County and will cover approximately 165 acres over multiple parcels north of Old Church along Mechanicsville Turnpike.

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.

Powells Farm Solar, LLC Notice of Intent for Small Renewable Energy (Solar) Project Permit by Rule - Halifax County

On April 21, 2017, Department of Environmental Quality received a notice of intent to submit the necessary documentation for a permit by rule for a small renewable solar energy project. Powells Farm Solar, LLC is proposing to develop a 50-megawatt solar farm to be located in Halifax County on three parcels totaling approximately 397 acres off of Hendricks Lane. The project will be comprised of arrays of polycrystalline solar collectors, inverters, and associated equipment.

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.

Proposed Consent Order for John T. Russell, Jr. Doing Business as Russell's Auto Truck Parts

An enforcement action has been proposed for John T. Russell, Jr., d/b/a Russell's Auto Truck Parts for alleged violations of its stormwater permit at 24513 Russell Lane, Petersburg, VA. The consent order requires Mr. Russell to develop a pollution prevention plan and begin implementing evaluations and recordkeeping as required by the permit. The order also requires 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. Frank Lupini will accept comments by email at frank.lupini@deq.virginia.gov, FAX (804) 527-5106, or postal mail at Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, from May 29, 2017, to June 30, 2017.

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 12VAC5-11, Public Participation Guidelines. 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 May 29, 2017, and ends June 19, 2017.

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 Joe Hilbert, Director of Governmental and Regulatory Affairs, Virginia Department of Health, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7006, FAX (804) 864-7022, or email joe.hilbert@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 MEDICAL ASSISTANCE SERVICES

Notice of Intent to Amend the Virginia State Plan for Medical Assistance (Pursuant to § 1902(a)(13) of the Social Security Act (USC § 1396a(a)(13)))

This notice was posted on April 28, 2017.

The Virginia Department of Medical Assistance Services (DMAS) hereby affords the public notice of its intention to amend the Virginia State Plan for Medical Assistance to provide for changes to the Methods and Standards for Establishing Payment Rates-Other Types of Care (12VAC30-80).

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). A copy of this notice is available for public review from William Lessard, Provider Reimbursement Division, Department of Medical Assistance Services, 600 Broad Street, Suite 1300, Richmond, VA 23219, or via email at william.lessard@dmas.virginia.gov.

This notice is available for public review on the Virginia Regulatory Town Hall on the General Notices page, found at https://townhall.virginia.gov/L/generalnotice.cfm.

Reimbursement Changes Affecting Other Types of Care (12VAC30-80)

12VAC30-80-30 is being amended to update the average commercial rate calculation of supplemental payments for physicians affiliated with Type One Hospitals in Virginia effective May 1, 2017. The updated average commercial rate percentage of Medicare is 258% (combined).

The expected increase in annual expenditures is $ 8,774,629.

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, TDD (800) 343-0634, or email emily.mcclellan@dmas.virginia.gov.

Notice of Intent to Amend the Virginia State Plan for Medical Assistance (Pursuant to § 1902(a)(13) of the Social Security Act (USC § 1396a(a)(13)))

The Virginia Department of Medical Assistance Services (DMAS) hereby affords the public notice of its intention to amend the Virginia State Plan for Medical Assistance to provide for changes to the Methods and Standards for Establishing Payment Rates-Other Types of Care (12VAC30-80).

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). A copy of this notice is available for public review from William Lessard, Provider Reimbursement Division, Department of Medical Assistance Services, 600 Broad Street, Suite 1300, Richmond, VA 23219, or via email at william.lessard@dmas.virginia.gov.

This notice is available for public review on the Virginia Regulatory Town Hall on the General Notices page, found at https://townhall.virginia.gov/L/generalnotice.cfm.

Reimbursement Changes Affecting Other Types of Care (12VAC30-80)

12VAC30-80-30 is being amended to show that the agency's fee schedule is being updated on July 1, 2017, to include updated dental procedure codes.

There is no expected increase or decrease in aggregate annual expenditures.

Contact Information: Emily McClellan, Regulatory Manager, Division of Policy and Research, 600 East Broad Street, Suite 1300, Richmond, VA 23219, telephone (804) 371-4300, FAX (804) 786-1680, TDD (800) 343-0634, or email emily.mcclellan@dmas.virginia.gov.

STATE MILK COMMISSION

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the State Milk Commission conducted a small business impact review of 2VAC15-20, Regulations for the Control and Supervision of Virginia's Milk Industry, and determined that this regulation should be retained in its current form. The State Milk Commission is publishing its report of findings dated April 11, 2017, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

The agency has determined that there is a continuing need for this regulation in order to support the Virginia dairy industry. The climate in Virginia and other regions of the Southeastern United States is not considered ideal for dairy production. These State Milk Commission regulations provide some incentive for dairy farmers, many of whom are small business owners, to continue operations within the Commonwealth because the regulations allow for farms that own milk quota to be paid an amount greater than the price established by the federal government.

There have been no complaints from the public concerning the regulation. The regulation is not unnecessarily complex. There is no overlap with the federal or state law or regulations. The agency has determined that no changes have occurred in the area affected by this regulation since the last periodic review that would make it necessary to amend or repeal the regulation. The agency has determined that the current version of the regulation is consistent with current industry practices and is the least burdensome and least intrusive alternative.

Contact Information: Crafton Wilkes, Administrator, Department of Agriculture and Consumer Services, Oliver Hill Building, 102 Governor Street, Room 206, Richmond, VA 23218, telephone (804) 786-2013, FAX (804) 371-8700, or email crafton.wilkes@vdacs.virginia.gov.

BOARD OF PHARMACY

Scheduling of Chemicals

Pursuant to § 54.1-3443 D of the Code of Virginia, the Board of Pharmacy is giving notice of a public hearing to consider placement of chemical substances in Schedule I of the Drug Control Act. The public hearing will be conducted at 9 a.m. on June 27, 2017, at the Perimeter Center, 9960 Mayland Drive, Suite 201, Richmond, VA 23233. Public comment may also be submitted electronically or in writing prior to June 13, 2017, to Caroline Juran, Executive Director of the Board of Pharmacy to caroline.juran@dhp.virginia.gov.

Public comment period: May 3, 2017, through June 13, 2017.

The Virginia Department of Forensic Science has identified three compounds for recommended inclusion into the Code of Virginia. A brief description and chemical name for each compound is as follows:

The following compound is classified as a research chemical. Compounds of this type have been placed in Schedule I (subdivision 3 of § 54.1-3446) in previous legislative sessions.

4-Bromo-2,5-dimethoxy-N-[(2-hydroxyphenyl)methyl]-benzeneethanamine (25B-NBOH), its optical, position, and geometric isomers, salts, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation.

The following compound is classified as a cannabimimetic agent. Compounds of this type have been placed in Schedule I (subdivision 7 of § 54.1-3446) in previous legislative sessions.

Methyl N-[1-(cyclohexylmethyl)-1H-indole-3-carbonyl]valinate (MMB-CHMICA), its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation.

 The following compound is a powerful synthetic opioid. Compounds of this type have been placed in Schedule I (subdivision 1 of § 54.1-3446) in previous legislative sessions.

N-(1-phenethylpiperidin-4-yl)-N-phenyltetrahydrofuran-2-carboxamide (Tetrahydrofuran fentanyl), its isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, unless specifically excepted, whenever the existence of these isomers, esters, ethers, and salts is possible within the specific chemical designation.

Contact Information: Caroline Juran, RPh, Executive Director, Department of Health Professions, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4578, FAX (804) 527-4472, or email caroline.juran@dhp.virginia.gov.

STATE BOARD OF SOCIAL SERVICES

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 Board of Social Services is conducting a periodic review and small business impact review of 22VAC40-12, Public Participation Guidelines.

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 May 29, 2017, and ends June 19, 2017.

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 Karin Clark, Regulatory Coordinator, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 726-7017, or email karin.clark@dss.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.

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 State Board of Social Services 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.

22VAC40-160, Fee Requirements for Processing Applications

Agency Contact: Tammy Trestrail, Program Consultant, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 726-7382, FAX (804) 726-7132, or email tammy.trestrail@dss.virginia.gov.

22VAC40-411, General Relief Program

Agency Contact: Monique Majeus, Senior Economic Assistance and Employment Consultant for TANF, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 726-7940, FAX (804) 726-7357, or email monique.majeus@dss.virginia.gov.

22VAC40-690, Virginia Child Care Provider Scholarship Program

Agency Contact: Stephanie Daniel, Training and Education Consultant, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 726-7457, FAX (804) 726-7655, or email stephanie.daniel@dss.virginia.gov.

The comment period begins May 29, 2017, and ends June 19, 2017.

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.

STATE WATER CONTROL BOARD

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 Environmental Quality on behalf of the State Water Control Board is conducting a periodic review and small business impact review of 9VAC25-640, Aboveground Storage Tank and Pipeline Facility Financial Responsibility Requirements. 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 May 29, 2017, and ends June 20, 2017.

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 Melissa Porterfield, Office of Regulatory Affairs. P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4238, FAX (804) 698-4019, or email melissa.porterfield@deq.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.

Water Quality Study Total Maximum Daily Load for Rudee Inlet Watershed

Community meeting: A community meeting will be held Monday, June 5, 2017, at 6 p.m. at W.T. Cooke Elementary, 1501 Mediterranean Avenue, Virginia Beach, VA 23451. This meeting will be open to the public and all are welcome to participate. For more information, please contact Rachel Hamm at telephone (757) 518-2024, or email rachel.hamm@deq.virginia.gov.

Purpose of notice: The Department of Environmental Quality (DEQ) and its contractors, Virginia Institute of Marine Science, will discuss population data for the development of a water quality study known as a total maximum daily load (TMDL) for the Rudee Inlet watershed located in the City of Virginia Beach. This is an opportunity for local residents to learn about the condition of these waters, share information about the area, and become involved in the process of local water quality improvement. A public comment period will follow the meeting (June 5, 2017, through July 5, 2017). An advisory committee to assist in development of this TMDL will be established. Any person interested in assisting should notify the DEQ contact person, Rachel Hamm, by the end of the comment period and provide name, address, telephone number, email address, and the organization being represented (if any). Notification of the composition of the panel will be sent to all applicants.

Meeting description: A public meeting will be held to introduce the local community to the water quality improvement process in Virginia, known as the TMDL process, invite participation and solicit contributions, showcase the citizen monitoring studies in the local community, and review next steps. 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: Portions of the Rudee Inlet watershed including Lake Rudee, Lake Wesley, and Owl Creek were identified in Virginia's 2014 Water Quality Assessment & Integrated Report as impaired due to violations of the state's water quality standards for Enterococci and Fecal Coliform and do not support the designated uses of "primary contact (recreational or swimming)" and "shellfishing." In addition, Lake Wesley and Owl Creek do not meet the state's water quality standard for dissolved oxygen and do not support the "aquatic life" designated use. Virginia agencies are working to identify sources of bacteria and will determine the pollutant cause of the aquatic life impairments as well as identify sources of this pollutant through a weight of evidence approach. Reductions and TMDLs for the causes of the impairments will be developed during the water quality study process.

How to comment and participate: The meetings of the TMDL process are open to the public and all interested parties are welcome. Written comments will accepted through July 5, 2017, and should include the name, address, and telephone number of the person submitting the comments. For more information or to submit written comments, please contact: Rachel Hamm, Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Boulevard, Virginia Beach, VA 23462, telephone (757) 518-2024, FAX (757) 518-2024, or email rachel.hamm@deq.virginia.gov

VIRGINIA CODE COMMISSION

Notice to State Agencies

Contact Information through Thursday, June 15, 2017: 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.

New Contact Information beginning Monday, June 19, 2017: Mailing Address: Virginia Code Commission, Pocahontas Building, 900 East Main Street, 11th Floor, Richmond, VA 23219; Telephone: Voice will be available at a later date.

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 https://commonwealthcalendar.virginia.gov.

Cumulative Table of Virginia Administrative Code Sections Adopted, Amended, or Repealed: A table listing regulation sections that have been amended, added, or repealed in the Virginia Register of Regulations since the regulations were originally published or last supplemented in the print version of the Virginia Administrative Code is available at http://register.dls.virginia.gov/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.