STATE CORPORATION COMMISSION
AT RICHMOND, MAY 18, 2020
COMMONWEALTH OF VIRGINIA, ex rel.
STATE CORPORATION COMMISSION
CASE NO. PUR-2019-00182
Ex Parte: In the matter
concerning the implementation
of a pilot program for
municipal net energy metering
ORDER
Chapters 746 and 747 of the 2019 Virginia Acts of Assembly (the "Act") amended the Code of Virginia by adding a new § 56-585.1:8 to provide for a pilot program for municipal net energy metering in the service territories of Virginia Electric and Power Company d/b/a Dominion Energy Virginia ("Dominion") and Appalachian Power Company. The Act became effective July 1, 2019.
The Act instructed the State Corporation Commission ("Commission"), by December 1, 2019, to adopt such rules or establish such guidelines as may be necessary for its general administration of the pilot program. On November 1, 2019, the Commission issued an Order for Comments on Draft Guidelines, which included draft guidelines ("Proposed Guidelines") to govern the pilot programs required by the Act, and invited comments from interested parties on or before November 15, 2019. Comments were filed by several entities, and at least one commenter requested additional time to file suggested amendments to the Proposed Guidelines.
Mindful of the December 1, 2019 statutory deadline, on November 25, 2019, the Commission entered an order adopting the Proposed Guidelines as of the date of that order, subject to modification following additional substantive comments by interested persons, to be filed on or before January 15, 2020. The Commission received additional comments from the VML/VACo APCo Steering Committee and Dominion.
NOW THE COMMISSION, upon consideration of the foregoing, finds that it is appropriate to receive comments from the Commission Staff ("Staff"). We, therefore, direct the Staff to file a Staff Report in this docket analyzing the Proposed Guidelines and all substantive comments received thereon, including a discussion of any proposed amendments to the guidelines.
Accordingly, IT IS ORDERED THAT:
(1) The Staff shall analyze the substantive comments received in response to the Commission's Proposed Guidelines as set forth herein and present its findings in a Staff Report to be filed on or before July 31, 2020.
(2) This matter is continued.
A COPY hereof shall be sent electronically by the Clerk of the Commission to all persons on the official Service List in this matter. The Service List is available from the Clerk of the Commission.
DEPARTMENT OF ENVIRONMENTAL QUALITY
Availability of and Public Comment on the 2020 Water Quality Assessment Integrated Report
The Virginia Department of Environmental Quality (DEQ) will release the Draft 2020 Water Quality Assessment Integrated Report (Integrated Report) on June 8, 2020, for public comment.
The Integrated Report combines both the § 305(b) Water Quality Assessment and the § 303(d) Report on Impaired Waters. Both are required by the Federal Clean Water Act and the Virginia Water Quality Monitoring Information and Restoration Act. The report will be available for download on the department's website at https://www.deq.virginia.gov/Programs/Water/WaterQualityInformationTMDLs/WaterQualityAssessments.aspx throughout the public comment period, which will end July 9, 2020.
A public webinar summarizing the Integrated Report is scheduled for June 24, 2020. The public is invited to submit questions pertaining to the report during this event. All submitted questions will be addressed in a "FAQ" document that will be subsequently posted on the DEQ webpage. Registration information for the webinar can be found at https://attendee.gotowebinar.com/register/6736552019723263503.
Written comments on the draft Integrated Report can be sent to Sandra Mueller, Office of Water Monitoring and Assessment, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, by telephone (804) 698-4324, or by email to sandra.mueller@deq.virginia.gov. Comments should include the commenter's name, postal address, telephone number, and email address.
COMMISSION ON LOCAL GOVERNMENT
Schedule for the Assessment of State and Federal Mandates on Local Governments
Pursuant to the provisions of §§ 2.2-613 and 15.2-2903 of the Code of Virginia, the following schedule, established by the Commission on Local Government and approved by Secretary of Commerce and Trade R. Brian Ball and Governor Ralph S. Northam, represents the timetable that the listed executive agencies will follow in conducting their assessments of certain state and federal mandates that they administer that are imposed on local governments. Such mandates are new (in effect for at least 24 months), newly identified, or have been significantly altered as to warrant a reassessment of the mandate (and have been in effect for 24 months). In conducting these assessments, agencies will follow the process established by Executive Order 58, which became effective October 11, 2007. These mandates are abstracted in the Catalog of State and Federal Mandates on Local Governments published by the Commission on Local Government.
For further information, contact Kristen Dahlman, Senior Policy Analyst, Commission on Local Government, email kristen.dahlman@dhcd.virginia.gov, or telephone (804) 371-7017, or visit the commission's website at www.dhcd.virginia.gov.
DEPARTMENT OF MEDICAL ASSISTANCE SERVICES
Intent to Amend the Virginia State Plan for Medical Assistance pursuant to § 1902(a)(13) of the Social Security Act (USC § 1396a(a)(13))
Avoidable Emergency Room Claims and Hospital Readmissions
Comment period: May 20, 2020, through June 19, 2020.
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 - 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. A copy of this notice is available for public review from Emily McClellan, Department of Medical Assistance Services, 600 East Broad Street, Suite 1300, Richmond, VA 23219, or via email at emily.mcclellan@dmas.virginia.gov.
DMAS is specifically soliciting input from stakeholders, providers, and beneficiaries on the potential impact of the proposed changes discussed in this notice. Comments or inquiries may be submitted, in writing, within 30 days of this notice publication to Emily McClellan and such comments are available for review at the address provided. Comments may also be submitted, in writing, on the Virginia Regulatory Town Hall public comment forum at https://townhall.virginia.gov, on the General Notices page at https://townhall.virginia.gov/L/generalnotice.cfm.
Reimbursement Changes Affecting Inpatient Hospital Services (12VAC30-70), effective July 1, 2020:
Pursuant to the General Assembly mandate in HB30, Item 313.BBBBB, DMAS will amend the State Plan for Medical Assistance to modify the definition of readmissions to include cases when patients are readmitted to a hospital for the same or a similar diagnosis within 30 days of discharge, excluding planned readmissions, obstetrical readmissions, admissions to critical access hospitals, or in any case where the patient was originally discharged against medical advice. If the patient is readmitted to the same hospital for a potentially preventable readmission then the payment for such cases shall be paid at 50% of the normal rate, except that a readmission within five days of discharge shall be considered a continuation of the same stay and shall not be treated as a new case. Similar diagnoses shall be defined as ICD diagnosis codes possessing the same first three digits.
The total decrease in annual expenditures, including the managed care impact, as a result of these changes is expected to be $14,786,952 in state fiscal year 2021.
Reimbursement Changes Affecting Other Types of Care (12VAC30-80), effective July 1, 2020:
Pursuant to the General Assembly mandate in HB30, Item 313.AAAAA, DMAS will amend the State Plan for Medical Assistance to allow the pending, reviewing, and reducing of fees for avoidable emergency room claims for codes 99282, 99283, and 99284. Claims for these emergency room procedure codes with diagnoses on the avoidable emergency room diagnosis code list shall default to 99281 for both physician and facility reimbursement.
The total decrease in annual expenditures, including the managed care impact, as a result of these changes is expected to be $40,441,596 in state fiscal year 2021.
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.
Intent to Amend the Virginia State Plan for Medical Assistance pursuant to § 1902(a)(13) of the Social Security Act (USC § 1396a(a)(13))
2020 Provider Reimbursement Changes
Comment period: May 20, 2020, through June 19, 2020.
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) and Methods and Standards for Establishing Payment Rates for Long-Term Care (12VAC30-90).
This notice is intended to satisfy the requirements of 42 CFR 447.205 and of § 1902(a)(13) of the Social Security Act. A copy of this notice is available for public review from Emily McClellan, Department of Medical Assistance Services, 600 East Broad Street, Suite 1300, Richmond, VA 23219, or via email at emily.mcclellan@dmas.virginia.gov.
DMAS is specifically soliciting input from stakeholders, providers, and beneficiaries on the potential impact of the proposed changes discussed in this notice. Comments or inquiries may be submitted, in writing, within 30 days of this notice publication to Emily McClellan and such comments are available for review at the address provided. Comments may also be submitted, in writing, on the Virginia Regulatory Town Hall public comment forum at https://townhall.virginia.gov, on the General Notices page at https://townhall.virginia.gov/L/generalnotice.cfm.
Methods and Standards for Establishing Payment Rates-Other Types of Care (12VAC30-80):
1. In accordance with HB30, Item 313.SSSS(1), the state plan is being revised to increase the rates for agency and consumer directed personal care, respite, and companion services for the Early Periodic Screening, and Diagnosis and Treatment (EPSDT) program by 5.0%. These increases will also affect rates utilized in Home and Community-based Services (HCBS) waivers.
The expected increase in annual aggregate expenditures for EPSDT is $6,229,299 in state fiscal year 2021, including managed care. The expected increase in total expenditures, including HCBS waivers, is $49,834,388.
2. In accordance with HB30, Item 313.HHHH, the state plan is being revised to implement a supplemental disproportionate share hospital (DSH) payment for Chesapeake Regional Hospital up to its hospital-specific disproportionate share hospital limit Omnibus Budget Reconciliation Act 1993 DSH limit) as determined pursuant to 42 USC § 1396r-4. The payment shall be made annually based upon the hospital's disproportionate share limit for the most recent year for which the disproportionate share limit has been calculated subject to the availability of DSH funds under the federal allotment of such funds to the department.
The expected increase in annual aggregate expenditures is $12 million in state fiscal year 2021.
3. In accordance with HB30, Item 313.III(2), the state plan is being revised to create additional hospital supplemental payments for freestanding children's hospitals with greater than 50% Medicaid utilization in 2009 to replace payments that have been reduced due to the federal regulation on the definition of uncompensated care costs effective June 2, 2017. These new payments shall equal what would have been paid to the freestanding children's hospitals under the current DSH formula without regard to the uncompensated care cost limit. These additional hospital supplemental payments shall take precedence over supplemental payments for private acute care hospitals. If the federal regulation is voided, DMAS shall continue DSH payments to the impacted hospitals and adjust the additional hospital supplemental payments authorized in this paragraph accordingly.
There is no expected increase or decrease in annual aggregate expenditures related to this change.
Methods and Standards for Establishing Payment Rates for Long-Term Care (12VAC30-90)
4. In accordance with HB30, Item 313.LLLL, the state plan is being revised to establish Specialized Care operating rates for fiscal years 2021 by inflating the fiscal year 2020 rates using Virginia nursing home inflation.
There is no expected increase or decrease in annual aggregate expenditures related to this change.
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.
STATE WATER CONTROL BOARD
Proposed Enforcement Action for
Bowers Hill-Chesapeake Inc.
An enforcement action has been proposed for Bowers Hill-Chesapeake Inc. for violations of the State Water Control Law in Chesapeake, Virginia. A description of the proposed action is available at the Department of Environmental Quality office listed or online at www.deq.virginia.gov. Russell Deppe will accept comments by email at russell.deppe@deq.virginia.gov, FAX at (757) 518-2009, or postal mail at Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Boulevard, Virginia Beach, VA 23462, from June 8, 2020, to July 8, 2020.
Proposed Amendment to the Town of Elkton
for the Elkton Sewage Treatment Plant
The State Water Control Board proposes to issue an amendment to the Town of Elkton for the Elkton sewage treatment plant, which includes injunctive relief for a proposed upgrade of the facility. A description of the proposed amendment is available at the Department of Environmental Quality office listed or online at www.deq.virginia.gov. Eric Millard will accept comments by email at eric.millard@deq.virginia.gov, FAX at (540) 574-7878, or postal mail at Department of Environmental Quality, Valley Regional Office, 4411 Early Road, P.O. Box 3000, Harrisonburg, VA 22801, from June 8, 2020, to July 8, 2020.
Proposed Consent Order for Guria LLC
An enforcement action has been proposed for Guria LLC for violations of the State Water Control Law and regulations associated with underground storage tanks at the Stafford Liberty facility, located at 1280 Jefferson Davis Highway, Stafford, Virginia. The State Water Control Board proposes to issue a consent order to resolve violations associated with the facility. A description of the proposed action is available at the Department of Environmental Quality office listed 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 June 9, 2020, through July 9, 2020.
Proposed Enforcement Action for
LAP Retail Holdings LLC
An enforcement action has been proposed for LAP Retail Holdings LLC for violations of the State Water Control Law in Yorktown, Virginia. A description of the proposed action is available at the Department of Environmental Quality office listed or online at www.deq.virginia.gov. Russell Deppe will accept comments by email at russell.deppe@deq.virginia.gov, FAX at (757) 518-2009, or postal mail at Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Boulevard, Virginia Beach, VA 23462, from June 8, 2020, to July 8, 2020.
Proposed Enforcement Action for
Oldcastle Infrastructure Inc.
An enforcement action has been proposed for Oldcastle Infrastructure Inc. for violations of the State Water Control Law at the Oldcastle Infrastructure concrete manufacturing facility located in Spotsylvania County, Virginia. A description of the proposed action is available at the Department of Environmental Quality office listed or online at www.deq.virginia.gov. Jim Datko will accept comments by email at james.datko@deq.virginia.gov or postal mail at Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, from June 9, 2020, through July 9, 2020.
Proposed Enforcement Action for the
County of Orange
An enforcement action has been proposed for the County of Orange for violations of the State Water Control Law at the Orange County Airport facility located in Orange County, Virginia. A description of the proposed action is available at the Department of Environmental Quality office listed or online at http://www.deq.virginia.gov/Programs/Enforcement
/PublicNotices. Jim Datko will accept comments by email at james.datko@deq.virginia.gov or postal mail at Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, from June 9, 2020, through July 9, 2020.
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.