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 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 Cody Anderson, Legislative Affairs and Boards Coordinator, Commission on Local Government, email cody.anderson@dhcd.virginia.gov, or telephone (804) 371-7054 or visit the commission's website at www.dhcd.virginia.gov.

Approved by the Commission on March 25, 2021

STATE AND FEDERAL MANDATES ON LOCAL GOVERNMENTS

Approved Schedule of Assessment Periods – July 2021 through June 2022

For Executive Agency Assessment of Cataloged Mandates

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)) - Create Additional Hospital Supplemental Payments

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, 12VAC30-70.

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 Emily McClellan at the contact information provided at the end of this notice.

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 same address. Comments may also be submitted, in writing, on the Virginia Regulatory Town Hall public comment forum at https://townhall.virginia.gov/L/generalnotice.cfm.

In accordance with the 2021 Appropriations Act, Item 313 ZZ, DMAS will be making the following changes:

Methods and Standards for Establishing Payment Rates-Inpatient Hospital (12VAC30-70)

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 disproportionate share hospital (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.

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.

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Intent to Amend the Virginia State Plan for Medical Assistance Pursuant to § 1902(a)(13) of the Social Security Act (USC §1396a(a)(13)) - Remove Prohibition on Consumer-Directed Overtime

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 Emily McClellan at the contact information provided at the end of this notice.

This notice is available for public review on the Virginia Regulatory Town Hall public comment forum at https://townhall.virginia.gov/L/generalnotice.cfm.

In accordance with the 2020 Special Session, Item 313 ZZZZ, DMAS will be removing the prohibition on overtime in consumer-directed services provided under the Early and Periodic Diagnostic and Treatment (EPSDT) Program.

The total cost to remove the prohibition on overtime in the Commonwealth Coordinated Care Plus (CCC+) Waiver, the home and community based waivers, and EPSDT is $5,213,801 in state general funds and $6,009,750 in federal funds in federal 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.

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Draft Community Mental Health Services Provider Manual Available for Review

The draft Community Mental Health Services Manual Chapters II, IV, V, and VI and Appendices C, D, and E are now available on the Magellan website at https://www.magellanofvirginia.com/for-providers/provider-tools/dmas-manuals-posted-for-public-comment/ for public comment until May 16, 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.

BOARD OF PHARMACY

Notice on Scheduling Chemicals in Schedule I

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 virtual public hearing will be conducted at 9:05 a.m. on June 4, 2021. Instructions will be included in the agenda for the board meeting, also on June 4. Public comment may also be submitted electronically or in writing prior to June 4 to Caroline Juran, Executive Director, Board of Pharmacy via email at caroline.juran@dhp.virginia.gov.

Pursuant to article § 54.1-3443 D of the Code of Virginia, The Department of Forensic Science (DFS) has identified three compounds for recommended inclusion into Schedule I of the Drug Control Act.

Based on its chemical structure, the following compound is expected to have hallucinogenic properties. Compounds of this type have been placed in Schedule I (subdivision 3 of § 54.1-3446 of the Code of Virginia) in previous legislative sessions.

1. 4-chloro-alpha-methylaminobutiophenone (other name: 4-chloro Buphedrone), its salts, isomers (optical, position, and geometric), and salts of isomers, whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation.

The following compounds are classified as cannabimimetic agents. Compounds of this type have been placed in Schedule I (subdivision 6 of § 54.1-3446 of the Code of Virginia) in previous legislative sessions.

1. ethyl-2-[1-(5-fluoropentyl)-1H-indazole-3-carboxamido]-3-methylbutanoate (other names: 5-fluoro-EMB-PINACA, 5F-AEB), 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.

2. N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(pent-4-enyl)indazole-3-carboxamide (other name: ADB-4en-PINACA), 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.

Contact Information: Caroline Juran, RPh, Executive Director, Board of Pharmacy, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4456, FAX (804) 527-4472.

STATE WATER CONTROL BOARD

Proposed Enforcement Action for Empire Services Inc.

An enforcement action has been proposed for Empire Services Inc. locations in Chesapeake, James City County (Toano), Isle of Wight County (Carrollton), Norfolk, Portsmouth, and Suffolk for violations of State Water Control Law. A description of the proposed action is available at the Department of Environmental Quality office listed or online at www.deq.virginia.gov. The staff contact person will accept comments by email, fax, or postal mail from May 10, 2021, to June 9, 2021.

Contact Information: John Brandt, Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Boulevard, Virginia Beach, VA 23462, FAX (804) 698-4178, or email john.brandt@deq.virginia.gov.

Proposed Enforcement Action for MetroDuct Systems VA LLC

An enforcement action has been proposed for MetroDuct Systems VA LLC for violations of the State Water Control Law and regulations at various linear construction project locations along University Boulevard, Hornbaker Road, and Nokesville Road, near the intersection of Prince William County Parkway (Route 234), in Manassas and Prince William County, Virginia. A description of the proposed action is available at the Department of Environmental Quality office listed or at https://www.deq.virginia.gov/permits-regulations/public-notices/enforcement-orders. The staff contact person will accept comments by email or postal mail from May 11, 2021, through June 10, 2021.

Contact Information: Jim Datko, Regional Enforcement Specialist Senior, Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, or email james.datko@deq.virginia.gov.

Public Comment Opportunity and Public Meeting for a TMDL Implementation Plan for Peak Creek watersheds in Pulaski County

The Department of Environmental Quality (DEQ) seeks oral and written comments from interested persons on the development of a total maximum daily load (TMDL) implementation plan (IP) for bacteria TMDLs for the Peak Creek watersheds in Pulaski County. Peak Creek flows into Claytor Lake, a reservoir on the New River. These streams were listed as impaired on the Virginia's § 303(d) TMDL Priority List and Report due to violations of the state's water quality standard for bacteria. The following are the names of the bacteria "impaired" streams, the length of the impaired segment, and the reason for the impairment: Peak Creek, 1.83 miles, bacteria; Peak Creek, 1.66 miles, bacteria; Peak Creek, 0.51 miles, bacteria; Peak Creek, 0.39 miles, bacteria; Peak Creek, 2.10 miles, bacteria; Peak Creek, 2.10 miles, bacteria; Tract Fork, 1.24 miles, bacteria. The TMDL study for these stream impairments was completed in April 2004 and revised in August 2004 and can be found in the Fecal Bacteria and General Standard Total Maximum Daily Load Development for Peak Creek report. The report is available on request by contacting James Moneymaker at james.moneymaker@deq.virginia.gov.

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

Given the existing State of Emergency related to the COVID-19 pandemic, this meeting will be held entirely virtually. The URL to register for the virtual meeting is provided at the end of this notice. At this meeting, development of the IP to restore water quality in the Peak Creek watershed will be discussed, and citizens will learn how they can be part of the water quality improvement process.

Peak Creek TMDL Implementation Plan First Public Meeting: Tuesday, May 11, 2021, from 6 p.m. to 8 p.m.

This meeting will be held virtually. Please register in advance using the link:

Registration URL: https://attendee.gotowebinar.com/register/3935635215561379343

Webinar ID: 860-228-419

For technical assistance during the meeting call or email Lucy Smith, telephone (540) 562-6718, or email lucy.smith@deq.virginia.gov.

Written comments are accepted by email, fax, or postal mail. The 30-day public comment period on the information presented at the meeting will begin on May 11, 2021, and end June 11, 2021. Questions or information requests should be addressed to Karen Kline with Virginia Tech Biological Systems Engineering. Written comments and inquiries should include the name, address, and telephone number of the person submitting the comments and should be sent to Karen Kline, Virginia Tech Biological Systems Engineering, 400 Seitz Hall, Virginia Tech 155 Ag Quad Lane, Blacksburg, VA 24061, telephone (540) 231-0094, or email klinek@vt.edu.

In the event that the Governor's State of Emergency is lifted, the meeting will be held on the same date and time at Pulaski Municipal Building, 42 1st Street, NW, Second Floor, Pulaski, VA.

Contact Information: Karen Kline, Virginia Tech Biological Systems Engineering, 400 Seitz Hall, Virginia Tech 155 Ag Quad Lane, Blacksburg, Virginia 24061, telephone (540) 231-0094, or email klinek@vt.edu.

Public Comment Opportunity and Public Meeting for Sand Branch TMDL Development in Loudoun and Fairfax Counties

The Department of Environmental Quality (DEQ) seeks written and oral comments from interested persons on the benthic stressor analysis report and the pollutants for which total maximum daily loads (TMDLs) will be developed to address an aquatic life use impairment for Sand Branch in Loudoun and Fairfax Counties. Biological monitoring data collected by the Virginia Department of Environmental Quality (DEQ) have shown that Sand Branch does not meet Virginia's water quality standard for aquatic life use due to poor health in the benthic biological communities. The report identifies the most probable stressor contributing to the poor health of the benthic community and which of those pollutants are considered for TMDL development.

Section 303(d) of the Clean Water Act and § 62.1-44.19:7 C of the State Water Control Law require DEQ to develop TMDLs for pollutants responsible for each impaired water contained in Virginia's § 303(d) TMDL Priority List and Report. A component of a TMDL is the wasteload allocation (WLA); therefore, this notice is provided pursuant to § 2.2-4006 A 14 of the Administrative Process Act for any future adoption of the TMDL WLAs.

Given the existing State of Emergency related to the COVID-19 pandemic, this meeting will be held entirely virtually. A computer or a telephone are necessary to participate virtually. All meeting attendees are encouraged to access the meeting using a computer to view the meeting visuals. Attendees may also use a telephone for audio and a computer for visual to avoid possible interruptions in computer audio. Although the use of a telephone for audio only participation is possible, since the meeting will rely on visuals, audio only participation is discouraged. The webinar link to register for the virtual meeting is provided at the end of this notice. Once registered for the meeting, registrants will receive an email with the URL and telephone information to participate in the meeting. If meeting attendees experience any interruption in the meeting broadcast, they should call the technical support line that is also provided at the end of this notice.

The second public meeting on the development of the TMDL to address the General Standard (Benthics) for this segment will be held on Wednesday, May 26, 2021, from 4:30 p.m. to 6 p.m. To register for this virtual meeting and to receive access information, use this link:

https://attendee.gotowebinar.com/register/1950914473035055886

For technical assistance during the meeting call (703) 583-3906

In the event that the Governor's State of Emergency is lifted, the meeting will be held on the same date and time at DEQ Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193.

The public comment period will begin May 27, 2021, and end June 28, 2021.

Information on the development of the TMDLs for the impairments is available upon request. Questions or information requests should be addressed to the DEQ contact person listed. Please note, all written comments should include the name, address, and telephone number of the person submitting the comments and should be sent to the DEQ contact person listed.

Contact Information: Sarah Sivers, Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, telephone (703) 583-3898, FAX (804) 698-4178, or email Sarah.Sivers@deq.virginia.gov.

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.