BOARD FOR BRANCH PILOTS
Board for Branch Pilots Regulatory Review Committee Meeting Minutes
The Virginia Board for Branch Pilots Regulatory Review Committee met on Friday, December 10, 2021, at the Virginia Port Authority, 600 World Trade Center, Norfolk, Virginia, with the following members present: Aaron Anseeuw, Captain E. Waightstill Avery, Michael W. Coleman, Captain January N. Collins.
Staff present for all or part of the meeting were: Mary Broz-Vaughan, Director, Tom Payne, Deputy Director, Kathleen R. Nosbisch, Executive Director, Amy Goobic, Executive Assistant.
Elizabeth Peay was present from the Office of the Attorney General.
Members of the Audience included: Captain J.W. Whiting Chisman, III, and Mark Coberly, Manager, Maritime Law Department, Representative from Vandeventer Black.
Call to Order: The meeting was called to order at 12:00 p.m.
Public Comment Period: There were no public comments.
Election of Chair: The floor was opened for nominations for Chair. Captain Avery nominated Mr. Coleman as Chair. Captain Collins seconded the motion. Mr. Coleman accepted the nomination. There were no additional nominations for Chair. There being none, the floor was closed for nominations. The motion was unanimously approved by: Messrs., Mme. and Captains: Anseeuw, Avery, Coleman, and Collins. By acclamation, Mr. Coleman was name Chair.
Regulatory Review: Ms. Broz-Vaughan informed the Committee that Board regulations are required to have a "Periodic Review" every four years. The Board for Branch Pilots last conducted periodic review in 2019, with the Board voting to take no action ("retain as is"). Ms. Broz-Vaughan further stated that there have been no changes to the regulations, other than "exempt actions," since 2012. The Board formed this Committee at its last meeting to initiate a comprehensive regulatory review through the standard, three-stage process.
Mr. Coleman indicated he had concerns with the changes in regulatory language required by SB 1406, related to misdemeanor marijuana-related convictions, and that the Virginia Regulatory Town Hall website indicated "Board Action" in the heading when no vote was taken by the Board. Ms. Broz-Vaughan stated that she would confer with the Registrar's office to determine the appropriate course of action.
The Committee requested DPOR and the Attorney General's Office to provide information, including Virginia Code references, that requires action from the board to amend regulations to comply with changes to marijuana related offenses, and specifically what changes are required, and to advise of any exceptions. In addition, the Committee requested clarification if out-of-state marijuana related misdemeanor convictions can be considered; if the law specifically requires the board to ignore any and all misdemeanor marijuana related drug charges in issuance of a license; and to advise of any conflicts it may pose with federal law and pilot licensing. Lastly, the Committee discussed and requested to receive clarification about the board's four-year periodic review as required by law or executive order and this regulatory review process.
The Committee determined that the exempt action changes made to the regulations effective December 1, 2021, were invalid as they were not voted on by the board. There is no provision in the law that initiated these changes automatically. The Committee requested information be sent to the board regarding the disposition, and which set of regulations are currently effective.
Ms. Nosbisch stated that the Committee should meet again prior to the March 15, 2022, board meeting. A tentative date of February 17, 2022, was set.
Adjourn: The meeting adjourned at 12:15 p.m.
Contact Information: Kathleen R. Nosbisch, Executive Director, Board for Branch Pilots, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8514, FAX (866) 465-6206.
DEPARTMENT OF ENVIRONMENTAL QUALITY
Blue Orchard Solar LLC Notice of Intent for Small Renewable Energy Project (Solar) - Carroll County
Blue Orchard Solar LLC, has provided the Department of Environmental Quality a notice of intent to submit the necessary documents for a permit by rule for a small renewable energy project (solar) in Carroll County, Virginia. Blue Orchard Solar LLC will be located in Cana, Virginia where Bear Trail forms a portion of the western boundary and Flint Hill Road and Caution Tape Road traverse the central portion of the tract. The project is located on two parcels totaling approximately 96 acres with the following coordinates: Latitude: 36.634542, Longitude: -80.648119. The project will have a rated capacity of 10 megawatts alternating current and use approximately 26,596 photovoltaic solar panels.
Contact Information: Mary E. Major, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 659-2665, FAX (804) 698-4510, or email mary.major@deq.virginia.gov.
Buckhorn Mountain Solar Project Notice of Intent for Small Renewable Energy Project (Solar) - Tazewell County
Buckhorn Mountain Solar Project has provided the Department of Environmental Quality a notice of intent to submit the necessary documents for a permit by rule for a small renewable energy project (solar) in Tazewell County, Virginia. Buckhorn Mountain Solar Project will be located midway between the communities of Tazewell and Gratton on State Route 61 on one465-acre parcel with the following coordinates: Latitude: 37.123700, Longitude: -81.462450. The project will have a rated capacity of 16.5 megawatts alternating current and use approximately 44,680 photovoltaic solar panels.
Contact Information: Mary E. Major, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 659-2665, FAX (804) 698-4510, or email mary.major@deq.virginia.gov.
Fairy Stone Solar LLC Notice of Intent for Small Renewable Energy Project (Solar) - Patrick County
Fairy Stone Solar LLC, has provided the Department of Environmental Quality a notice of intent to submit the necessary documents for a permit by rule for a small renewable energy project (solar) in Patrick County, Virginia. Fairy Stone Solar LLC will be located in the City of Stuart on two adjoining parcels for a total of approximately 169 acres with the following coordinates: Latitude: 36.628942, Longitude: -80.242878. The project will have a rated capacity of 12 megawatts alternating current and use approximately 33,500 photovoltaic solar panels supported by 17 separate metal skids supported by driven piles.
Contact Information: Mary E. Major, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 659-2665, FAX (804) 698-4510, or email mary.major@deq.virginia.gov.
River Trail Solar LLC Notice of Intent for Small Renewable Energy Project (Solar) - Carroll County
River Trail Solar LLC, has provided the Department of Environmental Quality a notice of intent to submit the necessary documents for a permit by rule for a small renewable energy project (solar) in Carroll County, Virginia. River Trail Solar LLC, will be located in the city of Galax on three adjoining parcels for a total of approximately 389 acres with the following coordinates: Latitude: 36.715243, Longitude: -80.895323. The project will have a rated capacity of 20 megawatts alternating current and use approximately 56,500 photovoltaic solar panels.
Contact Information: Mary E. Major, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 659-2665, FAX (804) 698-4510, or email mary.major@deq.virginia.gov.
DEPARTMENT OF MEDICAL ASSISTANCE SERVICES
Nursing Facility Value Based Purchasing Program Methodology
In 2021, the Virginia General Assembly directed the Department of Medical Assistance Services (DMAS) to establish a nursing facility (NF) value-based purchasing (VBP) program designed to improve the quality of care furnished to Medicaid members to begin by July 1, 2022. DMAS has posted the document "Final DMAS SFY 2023 NF VBP Program Methodology" on the website to outline the program for state fiscal year 2023. The document can be found at https://www.dmas.virginia.gov/media/4207/final-dmas-sfy-2023-nf-vbp-program-methodology.pdf.
Contact Information: Pooja Seth, Project Manager for the NF VBP Program, Department of Medical Assistance Services, 600 East Broad Street, Richmond, VA 23219, telephone (804) 638-7718, or email ovbp@dmas.virginia.gov.
STATE WATER CONTROL BOARD
Proposed Enforcement Action for Global Auto Parts Inc.
An enforcement action has been proposed for Global Auto Parts Inc. for violations of the State Water Control Law and regulations at the Global Auto Parts facility located in Woodford, Virginia. The State Water Control Board proposes to issue a consent order to resolve violations associated with the Global Auto Parts facility. A description of the proposed action is available at the Department of Environmental Quality office listed or online at www.deq.virginia.gov/permits-regulations/public-notices/enforcement-orders. The staff contact will accept comments by email or postal mail from February 1, 2022, through March 3, 2022.
Contact Information: Mark Miller, Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, or email mark.miller@deq.virginia.gov.
Proposed Enforcement Action for Rappahannock Regional Solid Waste Management Board
An enforcement action has been proposed for the Rappahannock Regional Solid Waste Management Board for violations of the State Water Control Law and regulations and applicable permit at the R-Board Landfill located in Stafford 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/permits-regulations/public-notices/enforcement-orders. The staff contact will accept comments by email or postal mail from February 1, 2022, through March 3, 2022.
Contact Information: Jim Datko, Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, or email james.datko@deq.virgnia.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.