ALCOHOLIC BEVERAGE CONTROL AUTHORITY

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Alcoholic Beverage Control (ABC) Authority conducted a small business impact review of 3VAC5-10, Procedural Rules for the Conduct of Hearings Before the Board and its Hearing Officers and determined that this regulation should be retained in its current form. The Alcoholic Beverage Control Authority is publishing its report of findings dated February 14, 2019, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

The regulation continues to be needed as it outlines the procedural rules for conducting hearings before the ABC Board or its hearing officers. The authority did not receive any complaints or comments from the public during the periodic review. The regulation is easy to understand and clearly written. The regulation is not redundant nor does it conflict with other federal or state regulations. The regulation is not complex. The last periodic review was completed in 2012, and there have not been any significant changes in technology, economic conditions, or other factors in the area affected by the regulation. No small business impact has been identified.

Contact Information: LaTonya D. Hucks-Watkins, Legal Liaison, Alcoholic Beverage Control Authority, 2901 Hermitage Road, Richmond, VA 23220, telephone (804) 213-4698, FAX (804) 213-4574, or email latonya.hucks@abc.virginia.gov.

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Alcoholic Beverage Control Authority conducted a small business impact review of 3VAC5-60, Manufacturers and Wholesalers Operations, and determined that this regulation should be retained in its current form. The Alcoholic Beverage Control Authority is publishing its report of findings dated February 14, 2019, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

The regulation continues to be needed as it provides guidance to licensed wholesalers and manufacturers of alcoholic beverages. The authority did not receive any complaints or comments from the public during the periodic review. The regulation is easy to understand and clearly written. The regulation is not redundant nor does it conflict with other federal or state regulations. The regulation is not complex. The last periodic review was completed in 2012, and there have not been any significant changes in technology, economic conditions, or other factors in the area affected by the regulation. No small business impact has been identified.

Contact Information: LaTonya D. Hucks-Watkins, Legal Liaison, Alcoholic Beverage Control Authority, 2901 Hermitage Road, Richmond, VA 23220, telephone (804) 213-4698, FAX (804) 213-4574, or email latonya.hucks@abc.virginia.gov.

DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES

Seeking Comment on Proposed Variances to 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

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 (12VAC35-115), hereafter referred to as the "Human Rights Regulations," is announcing an opportunity for public comment on an application for proposed variances to the Human Rights Regulations submitted to the State Human Rights Committee (SHRC). The purpose of the regulations is to ensure and protect the legal and 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 regulations to which a variance is needed, the proposed wording of the substitute rule or procedure, and the justification for a variance. Such application also describes time limits and other conditions for duration and the circumstances that will end the applicability of the variance. After considering all available information including comments, the SHRC intends to submit a written decision deferring, disapproving, modifying, or approving each variance 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 Virginia Register of Regulations.

Purpose of notice: The SHRC is seeking public comment on the application for proposed new variances to the Human Rights Regulations for the Virginia Center for Behavioral Rehabilitation (VCBR).

Variance to Procedures for Restrictions on Freedoms of Everyday Life, 12VAC35-115-100 B 3 a through B 3 e.

Requirements for the Imposition of Restrictions: The proposed variance would permit VCBR to place a resident on restrictions temporarily, without first meeting the criteria set forth in 12VAC35-115-100 B 3 a through B 3 e, if a resident displays behavior that is determined to be an immediate threat to the safety and security of the facility or the community.

Explanation: Individuals deemed by the court to be "sexually violent predators" may engage in behavior that requires an immediate response to ensure the safety of individuals in the facility and the community. An appropriate response may be an immediate restriction on the freedoms of everyday life as outlined in 12VAC35-115-100 A 1 a through A 1 g. The immediate need to protect the safety and security of the facility or the community may be jeopardized by the process outlined in 12VAC35-115-100 B 3 a through B 3 e.

When immediate restrictions are imposed to ensure the safety and security of the facility or the community, such restrictions shall be in effect only until the next business day that the restricted resident's treatment team is able to meet, review the imposed restriction, and meet the requirements set forth in 12VAC35-115-100 B 3 a through B 3 e.

Procedures for ensuring residents' freedoms of everyday life within VCBR and procedures for implementing restrictions on those freedoms shall be outlined in Facility Instruction No. 201, Restrictions on Freedoms of Everyday Life.

Variances to these regulations by the listed state facility are reviewed by the SHRC at least annually, with reports to the SHRC regarding the variances as requested.

Public comment period: March 4, 2019, through April 3, 2019.

How to comment: The SHRC 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, who will provide them to the SHRC, 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 listed DBHDS representative.

Contact Information: Deborah Lochart, Director, Office of Human Rights, Department of Behavioral Health and Developmental Services, 1220 East Bank Street, P.O. Box 1797, Richmond, VA 23218-1797, telephone (804) 786-0032, FAX (804) 804-371-2308, or email deb.lochart@dbhds.virginia.gov.

DEPARTMENT FOR THE BLIND AND VISION IMPAIRED

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Department for the Blind and Vision Impaired conducted a small business impact review of 22VAC45-12, Public Participation Guidelines, and determined that this regulation should be retained in its current form. The Department for the Blind and Vision Impaired is publishing its report of findings dated February 22, 2019, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

22VAC45-12 is required for the department to be in compliance with requirements set forth in §§ 2.2-4017 and 2.2-4007.02 of the Code of Virginia and Executive Order 14 (as amended July 2018). The agency has not received any complaints or public comments concerning the regulation.

The regulation is not necessarily complex but does describe in relative detail its purpose, definitions of relevant words and terms, and other specific public participation guidelines as required by the Code of Virginia. The regulation continues to be relevant because the agency administers workforce and independent living programs and services that impact the lives of individuals who are blind, vision impaired, and deafblind in the workforce and in the community.

This regulation was last evaluated June 2017, and does not conflict with state or federal regulation. There are no substantial changes in technology, economic conditions, or other factors that impact the importance of implementation of the regulation.

Economic impact on small business is negligible, and small business owners have the same opportunity for public participation as other interested stakeholders.

Contact Information: Susan K. Davis, Regulatory Coordinator, Department for the Blind and Vision Impaired, 401 Azalea Avenue, Richmond, VA 23227, telephone (804) 371-3184, FAX (804) 371-3157, or email susan.davis@dbvi.virginia.gov.

DEPARTMENT OF ENVIRONMENTAL QUALITY

Fountain Creek Solar LLC Notice of Intent Small Renewable Energy Project (Solar) Permit by Rule - Greensville County

Fountain Creek Solar LLC has provided the Department of Environmental Quality (DEQ) a notice of intent to submit the necessary documentation for a permit by rule for a small renewable energy project (solar) in Greensville County. The project is located approximately eight miles southwest of Emporia, bounded by Brink Road, Fish Road, and Fountain Creek Road at 36° 5'43.32" N 77° 40'19.98" W. The site consists of approximately 802 acres of land and will produce a maximum capacity of 80 megawatts. Currently the project will consist of approximately 240,000 modules, which may change based on improvements in technology and the availability of modules during procurement.

Contact Information: Mary E. Major, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4423, or email mary.major@deq.virginia.gov.

DEPARTMENT OF MEDICAL ASSISTANCE SERVICES

Reduction in Inpatient Cost Sharing to Comply with Federal Regulation

Public comment period: February 28, 2019, through March 30, 2019.

The Virginia Department of Medical Assistance Services (DMAS) hereby affords the public notice of its intention to amend the State Plan for Medical Assistance to provide for changes to the Methods and Standards for Establishing Payment Rates-Inpatient Hospital Services (12VAC30-70) and 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 Sarah Samick, Policy, Planning, and Innovation Division, Department of Medical Assistance Services, 600 East Broad Street, Suite 1300, Richmond, VA 23219, or via email at sarah.samick@dmas.virginia.gov.

Public comments or inquiries may be submitted, in writing, within 30 days of publication of this notice to Ms. Samick, and such comments are available for review upon request. Comments may also be submitted, in writing, on the Virginia Regulatory Town Hall public comment forum at http://www.townhall.virginia.gov.

DMAS is decreasing the cost sharing amount charged per inpatient hospitalization from $100 to $75 in order to comply with federal rules at 42 CFR 447.52(b)(2).

The expenditures for this change is expected to be $39,514.

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.

DEPARTMENT OF MINES, MINERALS AND ENERGY

Pursuant to Executive Order 14 (as amended July 16, 2018) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Mines, Minerals and Energy is conducting a periodic review and small business impact review of 4VAC25-130, Coal Surface Mining Reclamation Regulations. The review of this regulation will be guided by the principles in Executive Order 14 (as amended July 16, 2018).

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 public comment period begins March 18, 2019, and ends April 8, 2019.

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 Michael Skiffington, Director of Policy and Planning, 1100 Bank Street, 8th Floor, Richmond, VA 23219, telephone (804) 692-3212, FAX (804) 692-3237, or email mike.skiffington@dmme.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 Virginia Regulatory Town Hall and a report of the small business impact review will be published in the Virginia Register of Regulations.

DEPARTMENT OF MOTOR VEHICLES

Notice of Periodic Review and Small Business Impact Review

Pursuant to Executive Order 14 (as amended July 16, 2018) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Motor Vehicles is conducting a periodic review and small business impact review of each listed regulation. The review of each regulation will be guided by the principles in Executive Order 14 (as amended July 16, 2018).

24VAC20-40, Rules and Regulations on Accident Prevention Courses for Older Drivers

24VAC20-80, Overload Permit Regulations

24VAC20-81, Hauling Permit Regulation

The purpose of this review is to determine whether each regulation should be repealed, amended, or retained in its current form. 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.

The public comment period begins March 18, 2019, and ends April 8, 2019.

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 Domica Winstead, Senior Policy Analyst, Department of Motor Vehicles, 2300 West Broad Street, Richmond, VA 23269, telephone (804) 367-1864, FAX (804) 367-4336, or email domica.winstead@dmv.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 the review 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

Proposed Consent Special Order for Comcast Cable Communication Management LLC and TriWire Engineering Solutions Inc

An enforcement action has been initiated against Comcast Cable Communication Management LLC (Comcast) and TriWire Engineering Solutions Inc (TriWire) for alleged violations resulting from a fuel spill occurring at 2937 Galena Avenue, North Chesterfield, VA. The State Water Control Board proposes to issue a consent special order to Comcast and TriWire 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. Jeff Reynolds will accept comments by email at jefferson.reynolds@deq.virginia.gov, FAX at (804) 527-5106, or postal mail at Department of Environmental Quality, Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA 23060, from March 18, 2019, to April 16, 2019.

Proposed Enforcement Action for Conny Oil Inc

An enforcement action has been proposed for Conny Oil Inc for violations of the State Water Control Law at Wythe Oil Distributors in Wytheville, Virginia. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. 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 March 19, 2019, through April 17, 2019.

VIRGINIA CODE COMMISSION

Notice to State Agencies

Contact Information: Mailing Address: Virginia Code Commission, Pocahontas Building, 900 East Main Street, 8th Floor, Richmond, VA 23219; Telephone: (804) 698-1810; 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 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.

ERRATA

CRIMINAL JUSTICE SERVICES BOARD

Title of Regulation: 6VAC20-100. Rules Relating to Compulsory Minimum Training Standards for Correctional Officers of the Department of Corrections, Division of Adult Institutions.

Publication: 34:21 VA.R. 2082-2112 June 11, 2018

Correction to Proposed Regulation:

Page 2110, 6VAC20-100-70 A, first line, strike "A." before "Each officer"

Page 2111, 6VAC20-100-70 B, underline subdivision 1 in its entirety

VA.R. Doc. No. R18-5427; Filed February 25, 2019