STATE BOARD OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES
Change of Decision Following Periodic Review of 12VAC35-180
The agency decision following the periodic review published in the Virginia Register at 39:15 VA.R. 2046 March 13, 2023 for the Regulations to Assure the Protection of Participants in Human Research (12VAC35-180) is changed from "amend" to "retain as is." The last action initiated, which was on October 10, 2018, occurred after the federal final rule was published.
The Federal Policy for the Protection of Human Subjects (also known as the "Common Rule" and codified for the U.S. Department of Health and Human Services (HHS) at 45 CFR Part 46, Subpart A) was originally promulgated in 1991 and amended in 2005. This version of the Common Rule is referred to as the "pre-2018 Common Rule" is available at this link: 45 CFR Part 46, Subpart A as published in the 2016 edition of the Code of Federal Regulations (CFR). A comprehensive revision to the Common Rule was published in the Federal Register (FR) January 19, 2017 (82 FR 7149). The revised Common Rule has been amended twice, in an interim final rule published on January 22, 2018 (83 FR 2885), and in a final rule published on June 19, 2018 (83 FR 28497). The revised Common Rule is referred to as the "2018 Requirements."
The agency decision following periodic review is to retain the regulation as it is, making no change, instead of to amend the regulation as no federal change requires the regulation be amended. A revised Report of Findings Following Periodic Review is available at https://townhall.virginia.gov/L/GetFile.cfm?File=C:\TownHall\docroot\Review\2192\PReview_DBHDS_2192_v1.pdf.
Contact Information: Ruth Anne Walker, Director of Regulatory Affairs, Department of Behavioral Health and Developmental Services, Jefferson Building, 1220 Bank Street, 4th Floor, Richmond, VA 23219, telephone (804) 225-2252, FAX (804) 371-4609.
DEPARTMENT OF EMERGENCY MANAGEMENT
Intended Use Plan - Safeguarding Tomorrow Revolving Loan Fund
Notice of action: The Department of Emergency Management (VDEM) is seeking comments and announcing a public comment period on the proposed intended use plan for the Virginia Safeguarding Tomorrow Revolving Loan Fund. The Virginia Intended Use Plan (VIUP) provides information to potential loan recipients and other interested parties about goals for the Resilient Virginia Revolving Loan Fund (RVRLF), an overview of eligible project types, the criteria for the distribution of loans, and the process for management of the loan fund. The VIUP is effective for Federal Fiscal Year 2023 Safeguarding Tomorrow Revolving Loan Fund (STRLF) Program.
The RVRLF was established in 2022. Sections 62.1-199 and 62.1-203 of the Code of Virginia were amended and reenacted, and Chapter 6 (§ 10.1-600 et seq.) of Title 10.1 of the Code of Virginia was amended.
Public comment deadline: April 26, 2023.
Federal information: This notice is being given to satisfy the public participation requirements of federal regulations.
How to comment: VDEM accepts written comments by email 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 VDEM no later than the last day of the comment period. VDEM prefers that comments be provided in writing, along with any supporting documents or exhibits. Comments must be submitted to Robbie Coates, Director, Grant Management and Recovery Division, Department of Emergency Management, 9711 Farrar Court, Richmond, Virginia 23236, telephone (804) 267-7730, email robert.coates@vdem.virginia.gov. All materials received are part of the public record.
The plan and any supporting documents are available on the VDEM Grants website at https://www.vaemergency.gov/wp-content/uploads/2022/02/VA-Intended-Use-Plan-STRLF-Final-Draft-wchc-04042023.pdf. The documents may also be obtained by contacting the VDEM representative named in this notice.
Contact Information: Robbie Coates, Financial Services Manager II, Department of Emergency Management, 9711 Farrar Court, Richmond, VA 23236, telephone (804) 267-7730, email robert.coates@vdem.virginia.gov.
DEPARTMENT OF ENVIRONMENTAL QUALITY
Consent Special Order for Gatewood Trailer Empire LLC
The Virginia Department of Environmental Quality (DEQ) proposes to issue a consent special order to Gatewood Trailer Empire LLC (d/b/a Bigfoot Trailers) for alleged violation of the Virginia Air Pollution Control Law at the property located at 12152 Washington Highway, Ashland, Virginia (Latitude 37.7357, Longitude -77.4706). A description of the proposed action is available at the DEQ office listed or online at www.deq.virginia.gov. The DEQ contact will accept comments by email from April 24, 2023, to May 24, 2023.
Contact Information: Cara Witte, Enforcement Specialist, Department of Environmental Quality, 4949-A Cox Road, Glen Allen, VA 23060, telephone (804) 712-4192, FAX (804) 698-4178, or email cara.witte@deq.virginia.gov.
Proposed Enforcement Consent Order for Harbor Station Communities LLC
An enforcement action has been proposed for Harbor Station Communities LLC for violations of State Water Control Law and regulations and the applicable permit at the Potomac Shores in Woodbridge, Virginia. The proposed consent order is available from the Department of Environmental Quality (DEQ) contact or at www.deq.virginia.gov/permits-regulations/public-notices. The DEQ contact will accept written comments from April 24, 2023, to May 24, 2023.
Contact Information: Holly Shupe, Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, or email holly.shupe@deq.virginia.gov.
Proposed Enforcement Action for HSV Holiday LLC
An enforcement action has been proposed for HSV Holiday LLC for alleged violations in Rockingham County, Virginia. The Department of Environmental Quality (DEQ) proposes to issue a consent order with penalty to HSV Holiday LLC to address noncompliance with State Water Control Law. A description of the proposed action is available at the DEQ office listed or online at www.deq.virginia.gov. The DEQ contact will accept written comments from April 24, 2023, to May 24, 2023.
Contact Information: Celeste Horton, Regional Enforcement Specialist Senior, Department of Environmental Quality, 4411 Early Road, P.O. Box 3000, Harrisonburg, VA 22801, FAX (804) 698-4178, or email celeste.horton@deq.virginia.gov.
Proposed Enforcement Action for Indian Cove Resort Association Incorporated
An enforcement action has been proposed for Indian Cove Resort Association Incorporated for violations of State Water Control Law and regulations in Virginia Beach, Virginia. The proposed order is available from the Department of Environmental Quality (DEQ) contact or at https://www.deq.virginia.gov/permits-regulations/public-notices/enforcement-orders. The DEQ contact will accept written comments from April 24, 2023, to May 24, 2023.
Contact Information: Thomas Jackson, Enforcement Specialist, Department of Environmental Quality, 5636 Southern Boulevard, Virginia Beach, VA 23462, FAX (804) 698-4178, or email thomas.jackson@deq.virginia.gov.
Proposed Enforcement Consent Order for Tricord Incorporated
An enforcement action has been proposed for Tricord Incorporated for violations of State Water Control Law and regulations and the applicable permit at the Wilderness Shores development project located in Orange County, Virginia. The proposed consent order is available from the Department of Environmental Quality contact or at www.deq.virginia.gov/permits-regulations/public-notices. The DEQ contact will accept written comments from April 25, 2023, to May 25, 2023.
Contact Information: Jim Datko, Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, or email james.datko@deq.virgnia.gov.
Proposed Consent Special Order for York River Yacht Haven
The Virginia Department of Environmental Quality (DEQ) proposes to issue a consent special order to York River Yacht Haven for alleged violation of the State Water Control Law at 8109 Yacht Haven Road, Gloucester Point, Virginia. A description of the proposed action is available at the DEQ office listed or online at www.deq.virginia.gov. The DEQ contact will accept comments by email from April 24, 2023, to May 24, 2023.
Contact Information: Jeff Reynolds, Regional Enforcement Manager, Department of Environmental Quality, 4949-A Cox Road, Glen Allen, VA 23060, telephone (804) 720-4754, or email jefferson.reynolds@deq.virginia.gov.
Public Comment Opportunity for a Total Maximum Daily Load Report for Segments of Deep Run, Dover Creek, Jordans Branch, North Run, Stony Run, Stony Run Unnamed Tributary, and Upham Brook in the James River Watershed in Henrico and Goochland Counties
Purpose of notice: The Department of Environmental Quality (DEQ) seeks public comment on the development of a cleanup study, also known as a total maximum daily load report (TMDL), for Deep Run, Dover Creek, Jordans Branch, North Run, Stony Run, Stony Run - unnamed tributary, and Upham Brook in the James River Watershed in Henrico and Goochland Counties. These streams are listed as impaired since monitoring data does not meet Virginia's water quality standards for Aquatic Life (Benthics). Section 303(d) of the Clean Water Act and § 62.1-44.19:7 C of the State Water Control Law requires DEQ to develop cleanup studies to address pollutants responsible for causing waters to be on Virginia's § 303(d) list of impaired waters. A component of a cleanup study 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. This meeting will introduce the community to the process used in Virginia to improve stream water quality. DEQ will provide information on watershed monitoring, discuss the next steps in the study process, and invite the public to participate in the study through an advisory committee.
Cleanup study location: The cleanup study addresses the following stream segments:
The Deep Run stream segment, located in Henrico County, is 4.16 miles and begins at its headwaters and continues to the pond at river mile 1.47.
The Dover Creek stream segment, located in Goochland County, is 4.76 miles and begins at its headwaters and continues to the upstream limit of Dover Lake.
The Jordans Branch stream segment, located in Henrico County, is 2.19 miles and begins at its headwaters and continues to its mouth at Upham Brook.
The North Run stream segment, located in Henrico County, is 7.9 miles and begins at its headwaters and continues to its mouth at Upham Brook.
The Stony Run stream segment, located in Henrico County, is 1.01 miles and begins at its headwaters and continues to the extent of backwater at the pond. Another Stony Run stream segment, located in Henrico County, is 1.35 miles and begins from the dam at the pond and continues to the mouth at Deep Run.
The Stony Run unnamed tributary stream segment, located in Henrico County, is 1.27 miles and begins at its headwaters and continues to the mouth at Stony Run.
The Upham Brook stream segment, located in Henrico County, is 12.15 miles and begins at its headwaters and continues to the mouth of the Chickahominy River.
Advisory Committee: An advisory committee to assist in development of this TMDL will be established. Any person interested in assisting should notify the DEQ contact person by the end of the comment period and provide a name, address, phone number, email address, and the organization being represented (if any). Notification of the composition of the panel will be sent to all applicants.
Public meeting: The initial public meeting on development of the cleanup study to address the Aquatic Life (Benthics) impairment will be held on May 2, 2023, at 6 p.m. at the Department of Environmental Quality, Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA 23060. In the event of inclement weather, the meeting will be held on May 4, 2023, at the same time and location.
Public comment period: May 2, 2023, to June 1, 2023.
How to comment: DEQ accepts comments orally at the public meeting, by email, fax, or postal mail. All comments must be received by DEQ during the comment period. Submittals must include the name, organization being represented (if any), mailing addresses, and telephone numbers of the commenter or requester.
Contact Information: Denise Moyer, Department of Environmental Quality, 4949-A Cox Road, Glen Allen, VA 23060, telephone (804) 712-9538, FAX (804) 698-4178, or email denise.moyer@deq.virginia.gov.
DEPARTMENT OF GENERAL SERVICES
Revision to Fees for Drinking Water Laboratory Certification - Final Notice
The Department of General Services, Division of Consolidated Laboratory Services (DCLS) published a general notice in 39:14 VA.R. 2037-2038 February 27, 2023, seeking comment on the revision to fees charged for certifying drinking water laboratories under 1VAC30-41-270 as required by subdivision I 2 of 1VAC30-41-270.
No comments were received on the revision to the fees. The revision to the fees will stand as published. The following fees are effective for May 1, 2023, through April 30, 2024, for drinking water laboratory certification under 1VAC30-41-270.
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TESTING CATEGORY
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FEE ($)
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Microbiological testing
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1 - 2 methods
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754
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3 - 5 methods
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879
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6+ methods
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1005
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Inorganic chemistry, nonmetals testing
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1 - 2 methods
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816
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3 - 5 methods
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1065
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6 - 8 methods
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1319
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9+ methods
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1568
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Inorganic chemistry, metals testing
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1 - 2 methods
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1254
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3 - 5 methods
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1506
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6+ methods
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1754
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Organic chemistry
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1 - 2 methods
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1319
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3 - 5 methods
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1568
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6 - 8 methods
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1819
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9+ methods
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2071
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Radiochemistry
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1 - 2 methods
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1380
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3 - 5 methods
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1631
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6+ methods
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1882
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Asbestos
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1 - 2 methods
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1129
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3 - 5 methods
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1380
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6+ methods
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1631
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HOW FEES ARE CALCULATED
DCLS calculates a laboratory's total fee by adding the fees for the number of test methods in each category in the fee table for which the laboratory is certified or applies to be certified. Contact Lab_Cert@dgs.virginia.gov for more information about the fee category for a specific method.
ADDITIONAL FEES
Additional fees apply when a laboratory:
Applies for modification of certification under 1VAC30-41-110
Is moving its location when the move requires DCLS to perform an onsite assessment
Requests reinstatement of certification when DCLS requires an onsite assessment
Hourly review fee and calculation of total fee. The fee to be charged is the sum of the total hourly charges for all reviewers plus any onsite assessment costs incurred. The hourly charge per reviewer is $77. The charge per reviewer is determined by multiplying the number of hours expended in the review by $77.
Onsite review and travel expenses. If an onsite review is required, travel time and onsite review time will be charged at the same hourly rate of $77 and any travel expenses will be added.
WHEN TO PAY
Payment is due at the time the application is made or annually thereafter upon receipt of the invoice from DCLS. Annual billing precedes the expiration of the current certificate.
HOW TO PAY
Fees may be paid by check, draft, or postal money order payable to the Treasurer, Commonwealth of Virginia, or submitted electronically, if available. Payment must be in United States currency, except that agencies and institutions of the Commonwealth of Virginia may submit interagency transfers for the amount of the fee. Laboratories may also pay fees using credit cards. All fees must be sent to the following address, or submitted electronically, if available: DCLS, Attn: Lab Certification, 600 North 5th Street, Richmond, VA 23219. A fee payment form is available on the Drinking Water page of the DCLS website at www.dgs.virginia.gov/dcls.
Contact Information: Rhonda Bishton, Director's Executive Administrative Assistant, Department of General Services, 1100 Bank Street, Suite 420, Richmond, VA 23219, telephone (804) 786-3311, FAX (804) 371-8305.
STATE BOARD OF HEALTH
Annual Adjustment of Capital Expenditure Threshold for Certificate of Public Need Program
Section 32.1-102.1:2 C of the Code of Virginia states:
"No general hospital shall make any capital expenditure of $5 million or more and no medical care facility other than a general hospital shall make any capital expenditure between $5 million and the amount established by the (State Board of Health) as the minimum capital expenditure by a medical care facility other than a general hospital for which a certificate is required pursuant to subdivision B 8 of § 32.1-102.1:3 without first registering such capital expenditure with the (State Health Commissioner) pursuant to regulations of the Board. The amounts specified in this subsection shall be revised annually to reflect inflation using appropriate measures incorporating construction costs and medical inflation."
Section 32.1-102.1:3 B of the Code of Virginia states:
"The following actions undertaken by or on behalf of a medical care facility described in subsection A shall constitute a project for which a certificate of public need is required pursuant to subsection A of § 32.1-102.1:2:
* * *
8. Any capital expenditure of $15 million or more, not defined as reviewable in subdivisions 1 through 7, by or on behalf of a medical care facility described in subsection A other than a general hospital. The amounts specified in this subdivision shall be revised annually to reflect inflation using appropriate measures incorporating construction costs and medical inflation…"
12VAC5-220-110 B states that the capital expenditure threshold is annually adjusted:
"…using the percentage increase listed in the Consumer Price Index for All Urban Consumers (CPI-U) for the most recent year as follows:
A x (1+B)
where:
A = the capital expenditure threshold amount for the previous year
and
B = the percent increase for the expense category 'Medical Care' listed in the most recent year available of the CPI-U of the U.S. Bureau of Labor Statistics."
Additionally, 12VAC5-220-110 D requires the Virginia Department of Health to annually "...(i) publish the threshold amount in the General Notices section of the Virginia Register of Regulations and (ii) post the threshold amount on its website."
The previous year's threshold requiring a certificate of public need was $21,219,588, and the threshold requiring registration was $7,061,144. Using the calculation of A x (1+B) listed in 12VAC5-220-110 B and the 2022 CPI-U percentage of 4.0% for medical care, the current year’s thresholds are as follows:
Threshold for capital expenditures requiring a certificate of public need: $22,068,371
Threshold for capital expenditures requiring registration: $7,343,590
Contact Information: Erik Bodin, Certificate of Public Need Division Director, Virginia Department of Health, 9960 Mayland Drive, Suite 401, Richmond, VA 23233, telephone (804) 367-1889, FAX (804) 527-4502, or email erik.bodin@vdh.virginia.gov.
DEPARTMENT OF MEDICAL ASSISTANCE SERVICES
Draft Nursing Facility Provider Manual Chapter V Available for Review and Comment
The draft Nursing Facility Provider Manual Chapter V is now available on the Department of Medical Assistance Services website at https://www.dmas.virginia.gov/for-providers/general-information/medicaid-provider-manual-drafts for public comment until April 28, 2023.
Contact Information: Meredith Lee, Policy, Regulations, and Manuals Supervisor, Department of Medical Assistance Services, 600 East Broad Street, Suite 1300, Richmond, VA 23219, telephone (804) 371-0552, FAX (804) 786-1680, TDD (800) 343-0634, or email meredith.lee@dmas.virginia.gov.
Draft Psychiatric Services Provider Manual Chapter II Available for Review and Comment
The draft Psychiatric Services Provider Manual Chapter II is now available on the Department of Medical Assistance Services website at https://www.dmas.virginia.gov/for-providers/general-information/medicaid-provider-manual-drafts for public comment until April 28, 2023.
Contact Information: Meredith Lee, Policy, Regulations, and Manuals Supervisor, Department of Medical Assistance Services, 600 East Broad Street, Suite 1300, Richmond, VA 23219, telephone (804) 371-0552, FAX (804) 786-1680, TDD (800) 343-0634, or email meredith.lee@dmas.virginia.gov.
Draft Rehabilitation Provider Manual Chapter V Available for Review and Comment
The draft Rehabilitation Provider Manual Chapter V is now available on the Department of Medical Assistance Services website at https://www.dmas.virginia.gov/for-providers/general-information/medicaid-provider-manual-drafts for public comment until April 28, 2023.
Contact Information: Meredith Lee, Policy, Regulations, and Manuals Supervisor, Department of Medical Assistance Services, 600 East Broad Street, Suite 1300, Richmond, VA 23219, telephone (804) 371-0552, FAX (804) 786-1680, TDD (800) 343-0634, or email meredith.lee@dmas.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.