STATE BOARD OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES
Public Comment Opportunity for Draft Amendments to Regulations to Assure the Rights of Individuals Receiving Services from Providers Licensed, Funded, or Operated by the Department of Behavioral Health and Developmental Services
In accordance with Executive Directive 1 (2022), the Department of Behavioral Health and Developmental Services (DBHDS) Office of Human Rights has reviewed 12VAC35-115, Regulations to Assure the Rights of Individuals Receiving Services from Providers Licensed, Funded, or Operated by the Department of Behavioral Health and Developmental Services (Human Rights Regulations), to identify noncontroversial amendments, and has developed a draft for consideration as a fast-track rulemaking action. This is the second draft the Office of Human Rights (OHR) is publishing for this purpose. This second draft has incorporated previous public comment and aligned the draft with the Health Care Decisions Act (§ 54.1-2981 et seq. of the Code of Virginia).
Deadline for public comment on this draft, which is available at https://dbhds.virginia.gov/wp-content/uploads/2025/01/Human-Rights-General-Notice-Publication.pdf, is February 26, 2025.
Purpose: The purpose of the draft revisions of the Human Rights Regulations is to improve the ability of OHR to perform mandated responsibilities in a manner that promotes understanding of ensured rights and access to rights protection and due process for all individuals receiving services.
Goals: The goals of the amendments are to (i) make the regulations easier to understand, (ii) increase access for individuals to due process and rights protection, and (iii) improve administrative and program efficiencies to facilitate provider compliance and increase availability of advocates for direct involvement with individuals receiving services.
Revisions: High-level revisions to the chapter include (i) enhancing usability of the regulations; (ii) simplifying and clarifying to make the regulations easier to understand; (iii) expanding definitions of coercion and investigation; (iv) removing references to "allegation" and referring to everything as a complaint, adding call-out of exploitation where there is mention of abuse and neglect, adding the term "human rights" to advocate references to help individuals differentiate from provider and other protective agency advocate staff; (v) consistently labeling timeframes (e.g., "working days" to "business days", clarifying the term "calendar days"); and (vi) eliminating redundant references (12VAC35-115-10 removes call-out of restraint and time-out as restrictions; 12VAC35-115-50, 12VAC35-115-175, and 12VAC35-115-230 reference each other by citation only).
Streamline of administrative processes: The amendments streamline the administrative process by (i) clarifying the relationship between OHR and local human rights committees (LHRC), (ii) updating and clarifying the investigation and resolution timeframe, (iii) updating the determination of capacity to align with the Health Care Decisions Act, and (iv) developing timeframes.
Emphasis on individual rights and expansion of access to due process: The amendments (i) reorganize subsections to emphasize individual rights and provider duties; (ii) eliminate legal terminology related to administrative review processes, including changing the term "hearing" to "fact-finding review" and "petition" to "statement of disagreement"; (iii) institute advocate review of objections regarding an authorized representative (AR) appointment, which used to be delayed waiting for LHRCs to meet and simply required record review; (iv) reinstitute advocate ability to grant extensions to allow more time for a thorough investigation, which was accidentally removed in a 2017 revision of the regulations; and (v) emphasize that changes to previously approved provider policies must be submitted to OHR for review (12VAC35-115-100, Program rules, 12VAC35-115-260).
Reduction in ambiguity related to provider compliance: The amendments (i) clarify particular regulations and processes that apply to special populations (12VAC35-115-100 acknowledges privileging process for individuals with a forensic status, 12VAC35-115-50 removes call-out process for substance use disorder providers to use program rules); (ii) refine expectations for complaint investigation (12VAC35-115-30 defines investigation, 12VAC35-115-175 adds expectation for provider to identify a person to oversee investigation and make decisions when the accused is the director, 12VAC35-115-260 requires competency training for provider investigators annually); and (iii) specify expectations for mitigating human rights violations (12VAC35-115-230 expands requirement to enter information about corrective actions taken in reports to OHR, 12VAC35-115-260 informs individuals and ARs of any actions taken to correct or remediate the abuse even if identified by OHR).
Contact Information: Susan Puglisi, Regulatory Research Specialist, Department of Behavioral Health and Developmental Services, Jefferson Building, 1220 Bank Street, Fourth Floor, Richmond, VA 23219, FAX (804) 371-6638, or email susan.puglisi@dbhds.virginia.gov.
Decision 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) (Human Rights Regulations), is announcing a decision on an application for proposed variances to the Human Rights Regulations submitted to the State Human Rights Committee (SHRC). The purpose of the Human Rights 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 Human Rights Regulations to which a variance is needed, the proposed wording of the substitute rule or procedure, and the justification for a variance. The application also describes time limits and other conditions for duration and the circumstances that will end the applicability of the variance.
Purpose of notice: After considering all available information at its January 16, 2025, meeting, the SHRC voted to approve the application for variances to the Human Rights Regulations for Youth for Tomorrow for a three-year period, with quarterly updates to the local human rights committee and annual updates to the SHRC.
Variance to Procedures to Ensure Dignity:
12VAC35-115-50 C 7 and C 8 (generally granting an individual the right to communicate privately with anyone via telephone and to have or refuse visitors, unless certain listed exceptions are met).
Explanation: In order to maintain the safety and security of individuals (youth), the program may restrict communication via telephone and in-person visitation to only those names placed on a list generated by the parent or legal guardian and the individual.
The requested variance will allow Youth for Tomorrow New Life Center, Inc. to utilize an approved contact list for telephone calls and an approved contact list for visitation for each individual. The lists shall be developed by the individual's parent or legal guardian in order to protect the best interests of the individual. The individual shall be present and given the opportunity to participate with the parent or legal guardian in creating the telephone and visitation lists.
Contact Information: Taneika Goldman, 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) 786-3988, FAX (833) 734-1241, or email taneika.goldman@dbhds.virginia.gov.
DEPARTMENT OF ENVIRONMENTAL QUALITY
Proposed Enforcement Action for Halifax CSG LLC - United Renewable Energy LLC
The Virginia Department of Environmental Quality (DEQ) is proposing an enforcement action for Halifax CSG LLC - United Renewable Energy LLC for violations of the Virginia Pollutant Discharge Elimination System (VPDES) Permit Regulations in South Boston, Virginia. The proposed action is available from the DEQ contact or at https://www.deq.virginia.gov/permits/public-notices/enforcement-actions/. The DEQ contact will accept comments by email or postal mail from February 10, 2025, through March 12, 2025.
Contact Information: Michael Puckett, Department of Environmental Quality, Blue Ridge Regional Office, 901 Russell Drive, Salem, VA 24153, telephone (540) 577-6719, or email michael.puckett@deq.virginia.gov.
Public Availability of the 2025 Water Quality Monitoring Plan
Purpose of Notice: The Virginia Department of Environmental Quality (DEQ) is announcing the availability of the 2025 Water Quality Monitoring Plan (Monitoring Plan) and requests nominations of water bodies for inclusion in the 2026 Monitoring Plan. The 2025 Monitoring Plan is now available on the agency's website at https://www.deq.virginia.gov/our-programs/water/ water-quality/monitoring/water-quality-monitoring-plan. An overview map showing each of the 2025 monitoring stations and the monitoring activities to occur at each station will be added to the agency's Environmental Data Mapper in February and will be viewable at https://geohub-vadeq.hub.arcgis.com/pages/environmental-data-mapper-help. To nominate water bodies for monitoring, please follow the instructions in the agency's nomination form at https://www.deq.virginia.gov/home/showpublisheddocument/4344/638718402131230000.
Background: Every year, DEQ staff from central office and the agency's six regional offices collect water samples for testing at more than 1,000 locations across the Commonwealth. The agency's various monitoring activities for each calendar year are outlined in the annual statewide Water Quality Monitoring Plan.
2025 Water Quality Monitoring Plan: The 2025 Monitoring Plan summarizes DEQ's water quality monitoring activities to be conducted from January 1 through December 31, and is developed for the purpose of implementing the goals and objectives of DEQ's Water Quality Monitoring Strategy, available at https://www.deq.virginia.gov/home/showpublished document/9481/637798468895600000. This water quality information is presented in compliance with the Virginia Water Quality Monitoring, Information and Restoration Act (§ 62.1-44.19:5 of the Code of Virginia). The 2025 Monitoring Plan contains detailed information on DEQ's monitoring activities, including the station locations, specific conditions, frequency of monitoring, and costs.
Citizen Nominations for the 2026 Monitoring Plan: In accordance with § 62.1-44.19:5 of the Code of Virginia, any person may request that a specific body of water be included in DEQ's annual water quality monitoring plan. Such requests shall include, at a minimum, (i) a geographical description of the water body recommended for monitoring, (ii) the reason the monitoring is requested, and (iii) any water quality data that the petitioner may have collected or compiled. Each request received by April 30, 2025, shall be reviewed when DEQ develops the annual water quality monitoring plan for the following calendar year. DEQ will respond in writing on its approval or denial of each nomination by August 31, 2025.
Contacts for more information: For more information on the 2025 Water Quality Monitoring Plan please contact the DEQ staff member listed at the end of this notice or Sandra Mueller at telephone (804) 659-1388 or email sandra.mueller@deq.virginia.gov. For more information on nominating water bodies for monitoring, please contact Meighan Wisswell at telephone (571) 886-6494 or email citizenwater@deq.virginia.gov. Additional information is also available on DEQ's Water Quality Monitoring website at https://www.deq.virginia.gov/our-programs/water/ water-quality/monitoring.
Contact Information: Andrew Garey, Department of Environmental Quality, PO Box 1105, Richmond, VA 23218, telephone (804) 659-2673, or email andrew.garey@deq.virginia.gov.
Public Meeting and Opportunity for Public Comment for a Cleanup Study of Broad Run Tributary in Loudoun and Fairfax 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 daily maximum daily load (TMDL) report, for the Broad Run Tributary in Loudoun and Fairfax Counties.
These streams are listed as impaired waters and require a cleanup study since monitoring data indicates that the waters do not meet Virginia's water quality standards for aquatic life (benthic macroinvertebrate community) or bacteria (E. Coli). 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 Code of Virginia for any future adoption of the WLA into the Water Quality Management Planning Regulation (9VAC25-720) after completion of the study. The adoption of the WLA may require new or additional requirements for entities holding a Virginia Pollutant Discharge Elimination System (VPDES) permit along Broad Run and its connected tributaries and the Virginia portion of Selden Island-Potomac River tributary.
At the public meeting, DEQ will introduce the community to the process used in Virginia to improve stream water quality and invite the public to participate in the study by attending community engagement meetings or through a TMDL advisory group (TAG). DEQ will also provide further details on the specific impairments, stressor analysis, and proposed project timeline.
Cleanup Study Location: The cleanup study addresses the following impaired stream segments: the Broad Run stream segment, located in Loudoun County, drains approximately 77.8 square miles and is subdivided into three subwatersheds: Lenah Run (26.4 square miles), Horsepen Run (23.7 square miles), and Beaverdam Run (27.8 square miles). The headwaters of Broad Run originate approximately three miles northeast of the unincorporated community of Aldie, Virginia and flow for 19.7 miles in an easterly direction until emptying into the Potomac River near the southern end of Seldon Island.
TMDL Advisory Group: DEQ invites public comment on the establishment of a TAG to assist in development of this cleanup study. A TAG is a standing group of interested parties established by the department for the purpose of advising the department during developing of the cleanup study. Any member of the public may attend and observe proceedings. However, only group members who have been invited by the department to serve on the TAG may actively participate in the group's discussions. Persons requesting the department use a TAG and those interested in participating should notify the DEQ contact person by the end of the comment period and provide their name, address, telephone number, email address, and organization being represented (if any). If DEQ convenes a TAG, all individuals who wish to participate on the TAG will be considered on a case-by-case basis. TAG members will be expected to attend all TAG meetings. Notification of the composition of the panel will be sent to all individuals who requested participation.
If DEQ receives no requests to establish a TAG, the department will not establish a standing group but will still solicit public feedback by conducting community engagement meetings during cleanup study development. At these community meetings, which are open to the public and at which any person may participate, DEQ will present its progress on the cleanup study and solicit feedback.
Public Meeting: The first public meeting on the development of the cleanup study will be held at the Sterling Public Library, 22330 South Sterling Boulevard, Suite A117, Sterling Library Meeting Rooms A and B, Sterling, VA 20164, on February 27, 2025, at 6:30 p.m.
Please note that if Loudoun County schools or the library is closed on February 27 due to inclement weather, the alternate meeting date will be March 4, 2025, at 6:30 p.m. at the Cascades Public Library, 21030 Whitfield Place, Cascades Library Meeting Room A, Potomac Falls, VA 20165.
Public Comment Period: February 27, 2025, to March 31, 2025.
How to Comment: DEQ accepts written comments by email or postal mail. All comments must be received by DEQ during the comment period. Submittals must include the name, organization represented (if any), mailing address, and telephone number of the commenter or requester.
Contact Information: Amanda Thompson, Department of Environmental Quality, Northern Regional Office, 13091 Crown Court, Woodbridge, VA 22193, telephone (571) 866-6048, or email amanda.r.thompson@deq.virginia.gov.
Notice of Public Meeting and Opportunity for Public Comment on a No-Discharge Zone Application for Selected Waters in Richmond, Lancaster, Northumberland, and Westmoreland Counties
Purpose of Notice: The Department of Environmental Quality (DEQ) will hold public meetings and seek public comment on an application to the U.S. Environmental Protection Agency (EPA) to designate federal no-discharge zones (NDZs) for selected waters in Richmond, Lancaster, Northumberland, and Westmoreland Counties. It is illegal to discharge raw sewage in U.S. territorial waters. An NDZ designation additionally prohibits the overboard discharge of treated vessel sewage from marine sanitation devices in waters.
Section 62.1-44.33 of the Code of Virginia establishes all tidal creeks in Virginia as federal NDZs and directs DEQ to pursue the designation. NDZs are federal designations; therefore, an NDZ is established by EPA upon satisfactory application from a state congruent with federal guidance. DEQ will seek to adopt the NDZs into 9VAC25-71-70, Regulations Governing the Discharge of Sewage and Other Wastes from Boats, after EPA approves the designation. 9VAC25-71-60 specifies the requirements that apply within designated NDZs in Virginia.
The application has been completed for selected waters of Richmond, Lancaster, Northumberland, and Westmoreland Counties and describes the vessel population, vessel sewage pump-out needs, and vessel sewage pump-out options in those counties. Public meetings will be held by DEQ to present a summary of the application. Citizens are invited to provide comment on the application.
No-Discharge Zone Locations: The NDZ application addresses the waters listed. Maps showing locations for these waters is provided in the draft application at the link provided.
Rosier Creek, Mattox Creek and Monroe Bay, Nomini Creek and Currioman Bay, Lower Machodoc Creek, Ragged Point. Gardner Creek, Jackson Creek, Bonum Creek, Yeocomico River, Coan River and the Glebe, Judith Sound, Cod Creek, Little Wicomico River, Great Wicomico and Ingram Bay, Cloverdale Creek, Dividing Creek, Indian Creek, Dymer Creek, Tabbs Creek, Antipoison Creek, Windmill Point Resort, Little Oyster and Windmill Point Creek, Mosquito Creek, Carter Creek, Corrotoman River, Greenvale Creek, Deep Creek, Mulberry Creek, Lancaster Creek, Morattico Creek, Farnham Creek.
Public Meetings: Public meetings on the application will be held at:
A.T. Johnson Museum, 18849 Kings Highway, Montross, VA 22520 on February 25, 2025, at 6:30 p.m.
Richmond County Administrative Building, 101 Court Circle, Warsaw, VA 22572 on February 26, 2025, at 6:30 p.m.
In the event of inclement weather causing the cancelation of either of these two meetings, a meeting will be held on March 11, 2025, at 6:30 p.m. at the A.T. Johnson Museum, 18849 Kings Highway, Montross, VA 22520.
Northumberland County Library, 7204 Northumberland Highway, Heathsville, VA 22473 on March 5, 2025, at 6:30 p.m.
Lancaster Administration Building, Board Room, 8311 Mary Ball Road, Lancaster, VA 22503 on March 6, 2025, at 6:30 p.m.
In the event of inclement weather causing the cancelation of either of these two meetings, a meeting will be held on March 12, 2025, at 6:30 p.m. at the Lancaster Administration Building, Board Room, 8311 Mary Ball Road, Lancaster, VA 22503.
Public Comment Period: DEQ will accept comments from February 26, 2025, to April 7, 2025.
How to Comment: DEQ accepts written comments by email or postal mail. All comments must be received by DEQ during the comment period. Submittals must include the name, organization represented (if any), mailing address, and telephone number of the commenter.
The public may review the application at https://www.deq.virginia.gov/our-programs/water/water-quality/implementation/no-discharge-zone-program.
Contact Information: Anne Schlegel, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 774-9368, or email anne.schlegel@deq.virginia.gov.
VIRGINIA CODE COMMISSION
Notice to State Agencies
Contact Information: Mailing Address: Virginia Code Commission, General Assembly Building, 201 North Ninth Street, Fourth 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.