8 General Notices/Errata

GENERAL NOTICES/ERRATA

Vol. 32 Iss. 18 - May 02, 2016

DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES

Renewal of Variances 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 (12VAC35-115)

Agency Decision with Amendment to Variance Request and Additional Comment Period

Notice of Decision and Additional Comment Period: The Department of Behavioral Health and Developmental Services (DBHDS) sought comment on an application submitted by the DBHDS Central State Hospital (CSH) for the proposed renewal of existing 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 (12VAC35-115) for the maximum security forensic unit at CSH. The notice of action for the proposed renewal of variances was published in 32:7 VA.R. 1323-1327 November 30, 2015.

The following sentence was inadvertently omitted from Variances to Procedures for Complaint Resolution, Hearing, and Appeals, 12VAC35-115-150: General Provisions, page 1324, column 2, after the first sentence:

The CSH Maximum Security Appeals Committee consists of the Chairperson of the State Human Rights Committee, the Department of Behavioral Health and Developmental Services (DBHDS) Director of Human Rights, and the DBHDS Assistant Commissioner for Forensic Services.

Agency Decision: On March 4, 2016, the State Human Rights Committee approved the application for the renewal of variances from certain requirements of 12VAC35-115 for the maximum security forensic unit at CSH, with an amendment to the proposed provision that was not published with the variance request. The amendment is:

12VAC35-115-150: General Provisions.

The CSH Maximum Security Appeals Committee consists of the Chairperson of the State Human Rights Committee, the Department of Behavioral Health and Developmental Services (DBHDS) Director of Human Rights, and the DBHDS Assistant Commissioner for Forensic Services a State Human Rights Committee member.

The purpose of the amendment is to avoid the appearance of a conflict of interest because the Assistant Commissioner for Forensic Services has direct administrative oversight of the Virginia Center for Behavioral Rehabilitation.

DBHDS is announcing an opportunity for public comment on the amendment to the approved variance to 12VAC35-115-150, General Provisions.

Public comment period: May 2, 2016, through June 1, 2016.

How to comment: DBHDS accepts written comments by email, fax, 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 DBHDS by the last day of the comment period. All information received is part of the public record.

To review a proposal: Variance applications and any supporting documentation may be obtained by contacting the DBHDS representative named below.

Contact Information: Deborah Lochart, 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 [phone], FAX [phone], or email [e-mail].

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 subdivision 6 of § 15.2-2903 of the Code of Virginia, the following schedule, established by the Commission on Local Government and approved by the Secretary of Commerce and Trade and Governor McAuliffe, 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 either new (in effect for at least 24 months) or newly identified. In conducting these assessments, agencies will follow the process established by Executive Order 58 (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 J. David Conmy, Local Government Policy Administrator, Commission on Local Government, email [e-mail], telephone [phone], or visit the commission's website at http://www.dhcd.virginia.gov.

 

 

STATE AND FEDERAL MANDATES ON LOCAL GOVERNMENTS

Approved Schedule of Assessment Periods – July 2016 through June 2017
For Executive Agency Assessment of Cataloged Mandates

AGENCY	CATALOG	ASSESSMENT
Mandate Short Title	NUMBER	PERIOD
CRIMINAL JUSTICE SERVICES, DEPARTMENT OF
Sexual Assault Services Program	SPSHS.DCJS033	4/1/2017 to 6/30/2017
EDUCATION, DEPARTMENT OF
Teacher License Required	SOE.DOE004	7/1/2016 to 8/31/2016
Eligibility of Students in Military Families for Interscholastic Programs	SOE.DOE140	9/1/2016 to 10/31/2016
School Health	SOE.DOE141	7/1/2016 to 8/31/2016
Public School Security Equipment Grant Act	SOE.DOE144	7/1/2016 to 8/31/2016
Supplementary Written Historical Materials	SOE.DOE145	9/1/2016 to 10/31/2016
ENVIRONMENTAL QUALITY, DEPARTMENT OF
Stormwater Local Assistance Funds	SNR.DEQ045	9/1/2016 to 11/30/2016
GAME AND INLAND FISHERIES, DEPARTMENT OF
Wildlife Displayed in Schools	SNR.DGIF008	7/1/2016 to 9/30/2016
HEALTH, VIRGINIA DEPARTMENT OF
Disposition of Dead Bodies	SHHR.VDH030	10/1/2016 to 12/31/2016
MARINE RESOURCES COMMISSION, VIRGINIA
Wetlands Zoning Ordinance in Tidewater	SNR.MRC001	4/1/2017 to 6/30/2017
SOCIAL SERVICES, DEPARTMENT OF
Child Protective Services	SHHR.DSS031	3/1/2017 to 5/31/2017
Provision of Independent Living Services for Current or Former Children in Foster Care	SHHR.DSS076	9/1/2016 to 11/30/2016
Written Interagency Agreements with Local School Divisions for Investigating Child Abuse and Neglect	SHHR.DSS077	3/1/2017 to 5/31/2017
TAXATION, DEPARTMENT OF
Tax Exemption for Certified Pollution Control, Recycling, and Solar Energy Equipment and Facilities	SFIN.TAX014	7/1/2016 to 9/30/2016
Real Property Tax Exemption or Deferrals for the Elderly and Disabled	SFIN.TAX020	8/1/2016 to 10/31/2016
Food and Beverage and Meals Tax Exemption for Nonprofit Fundraising Sales	SFIN.TAX021	9/1/2016 to 11/30/2016

STATE CORPORATION COMMISSION

AT RICHMOND, MARCH 30, 2016

COMMONWEALTH OF VIRGINIA, ex rel.

STATE CORPORATION COMMISSION

CASE NO. PUE-2016-00022

Ex Parte: In the matter of receiving input
for evaluating the establishment of protocols,
a methodology, and a formula to measure
the impact of energy efficiency measures

SCHEDULING ORDER

During the 2016 Session of the Virginia General Assembly, two identical bills, House Bill 1053 and Senate Bill 395, were passed by the General Assembly. These bills both require:

§ 1. That the State Corporation Commission (the "Commission") shall evaluate the establishment of uniform protocols for measuring, verifying, validating, and reporting the impacts of energy efficiency measures implemented by investor-owned electric utilities providing retail electric utility service in the Commonwealth and the establishment of a methodology for estimating annual kilowatt savings and a formula to calculate the levelized cost of saved energy for such energy efficiency measures. The Commission shall promptly commence such evaluation following the effective date of this act and shall receive input from interested parties and the Department of Mines, Minerals and Energy.  The Commission shall submit to the Governor and the General Assembly a report of its findings and recommendations by December 1, 2016.¹

NOW THE COMMISSION, upon consideration of this matter, is of the opinion that while this legislation has not yet become effective, it requires the Commission's prompt review and receipt of input from interested persons and entities prior to submitting a report of its findings and recommendations to the Governor and General Assembly. Therefore, the Commission herein establishes a schedule in advance of the effective date in order to receive timely input on this matter.

The Commission finds that an evaluation ("Evaluation") should be conducted to consider the establishment of: (i) uniform protocols for measuring, verifying, validating, and reporting the impacts of energy efficiency measures; (ii) a methodology for estimating annual kilowatt savings for such energy efficiency measures; and (iii) a formula to calculate the levelized cost of saved energy for such energy efficiency measures (collectively, "Objectives"). The Commission will conduct the Evaluation and consider the Objectives as they concern energy efficiency measures implemented by both investor-owned electric utilities and investor-owned natural gas utilities,² as both types of utilities conduct energy efficiency programs.

Further, since evaluation and verification of energy savings of energy efficiency programs typically are measured against the projected savings included in cost/benefit analyses, the Commission is of the opinion that the Evaluation also should encompass the methodologies by which utilities calculate the components of the cost/benefit tests³ in proceedings requesting approval to implement energy efficiency programs. In particular, the Evaluation should consider: (i) whether the application of costs and benefits is consistent across utilities; (ii) whether consistent application of costs and benefits across utilities is necessary or reasonable; and (iii) whether the application of the cost/benefit tests can be improved by enhanced evaluation and verification protocols for estimating savings actually realized (collectively, "Cost/Benefit Questions").

Accordingly, the Commission shall receive input from the Virginia Department of Mines, Minerals and Energy ("DMME"), from investor-owned electric utilities and investor-owned natural gas utilities providing service in the Commonwealth, and from other interested persons or entities, concerning the Objectives and/or the Cost/Benefit Questions. We will direct that the Clerk of the Commission provide copies of this Scheduling Order to: DMME; Virginia Electric and Power Company d/b/a Dominion Virginia Power, Appalachian Power Company, and Kentucky Utilities Company d/b/a Old Dominion Power Company (collectively, "Electric Companies"); Appalachian Natural Gas Distribution Company, Atmos Energy, Columbia Gas of Virginia, Inc., Roanoke Gas Company, Southwestern Virginia Gas Company, Virginia Natural Gas, Inc., and Washington Gas Light Company (collectively, "Natural Gas Companies"); and the Office of the Attorney General, Division of Consumer Counsel ("Consumer Counsel").

We also will direct the Staff of the Commission's Division of Energy Regulation ("Staff") to identify other persons or entities that potentially may have an interest in this matter, including electric cooperatives and participants in past Commission cases wherein an Electric Company, a Natural Gas Company, or an electric cooperative has sought approval of energy efficiency programs and/or conservation and ratemaking efficiency plans, and to provide these persons or entities with copies of this Scheduling Order by electronic transmission or, when electronic transmission is not feasible, by first class mail.  Further, we will direct the Director of the Commission's Division of Information Resources to post a copy of this Scheduling Order on the Commission's website.

We will provide DMME, the Electric Companies, the Natural Gas Companies, Consumer Counsel, and any other interested person or entity an opportunity to provide written and/or oral comments on the Objectives and the Cost/Benefit Questions under consideration in this matter. In addition to any general comments, the Commission seeks specific input concerning:

• Existing measurement and verification protocols and their applicability for Virginia; and

• Appropriate formulae for developing the cost of saved energy resulting from energy efficiency programs and appropriate inputs for such formulae.

Finally, the Commission will hold a public session to receive comments from interested persons and entities regarding the Objectives and the Cost/Benefit Questions under consideration in this matter.

Accordingly, IT IS ORDERED THAT:

(1) This matter is docketed and assigned Case No. PUE-2016-00022 for purposes of receiving input from DMME and interested persons and entities.

(2) The Clerk of the Commission hereby is directed to provide a copy of this Scheduling Order to DMME, the Electric Companies, the Natural Gas Companies, and Consumer Counsel.

(3) Within five (5) business days of the filing of this Scheduling Order with the Clerk of the Commission, the Staff shall transmit electronically or by first class mail copies of this Scheduling Order to those persons and entities identified by the Staff as potentially having an interest in this matter. The Staff shall promptly file with the Clerk of the Commission a certificate of transmission or mailing and include a list of names and addresses of the persons and entities to whom the Scheduling Order was transmitted or mailed.

(4) The Director of the Commission's Division of Information Resources promptly shall post a copy of this Scheduling Order on the Commission's website.

(5) On or before May 25, 2016, interested persons or entities may file comments with Joel H. Peck, Clerk, State Corporation Commission c/o Document Control Center, P.O. Box 2118, Richmond, Virginia 23218. Comments shall refer to Case No. PUE-2016-00022 and shall address the Objectives and/or the Cost/Benefit Questions noted above. Those desiring to submit comments electronically may do so on or before May 25, 2016, by following the instructions available at the Commission's website: http://www.scc.virginia.gov/case.

(6) On or before June 24, 2016, the Staff shall file with the Clerk of the Commission an original and fifteen (15) copies of a Staff Report containing its evaluation of the issues under consideration in this matter.

(7) A public session shall be convened on July 12, 2016, at 10 a.m. in the Commission's second floor courtroom, Tyler Building, 1300 East Main Street, Richmond, Virginia 23219, to receive comments regarding the Objectives and the Cost/Benefit Questions under consideration in this matter.

(8) This matter is continued.

AN ATTESTED COPY hereof shall be sent 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 State Corporation Commission, c/o Document Control Center, 1300 East Main Street, First Floor, Tyler Building, Richmond, Virginia 23219. A copy also shall be sent to the Commission's Office of General Counsel and Division of Energy Regulation.

______________________________

¹ Senate Bill 395 was signed into law by the Governor on March 7, 2016, and is effective July 1, 2016.  2016 Va. Acts Ch. 255 (quotation marks added).  House Bill 1053 is currently awaiting further action by the Governor.

² Though natural gas utilities are not specifically referred to by House Bill 1053 and Senate Bill 395, the Commission, in its discretion, is including consideration of natural gas utilities' energy efficiency measures to provide for a more thorough Evaluation.

³ The cost/benefit tests include, at a minimum, the Participants Test, the Utility Cost Test, the Ratepayer Impact Measure Test, and the Total Resource Cost Test.  See the Commission’s Rules Governing Cost/Benefit Measures Required for Demand-Side Management Programs, 20 VAC 5-304-10 et seq.

DEPARTMENT OF ENVIRONMENTAL QUALITY

Tradewind Energy, Inc. and Centerville Pike Solar Project, LLC Notice of Intent - Small Renewable Energy Project (Solar)

Tradewind Energy, Inc. (TWE) and Centerville Pike Solar Project, LLC have provided notice to the Department of Environmental Quality of their intent to submit the necessary documentation for a permit by rule for a small renewable energy solar project. The TWE Centerville Pike Solar Project, LLC, is a 15 megawatt project, within the city limits of Chesapeake located along Centerville Turnpike Road and will cover approximately 245 acres. The ground-mounted array will utilize photovoltaic solar modules and single-axis tracking technology.

Contact Information: Mary E. Major, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone [phone], FAX [phone], or email [e-mail].

Tradewind Energy, Inc. and TWE Chesapeake Solar Project, LLC - Small Renewable Energy Project (Solar)

Tradewind Energy, Inc. (TWE) and TWE Chesapeake Solar Project, LLC, have provided notice to the Department of Environmental Quality of their intent to submit the necessary documentation for a permit by rule for a small renewable energy solar project. The TWE Chesapeake Solar Project is a 20 megawatt project within the city limits of Chesapeake between Centerville Turnpike South and Longridge Road to the west and east, respectively, and bounded by Beaver Dam Road to the north and will cover approximately 175 acres. The ground-mounted array will utilize photovoltaic solar modules and single-axis tracking technology.

Contact Information: Mary E. Major, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone [phone], FAX [phone], or email [e-mail].

Tradewind Energy, Inc. and TWE Myrtle Solar Project, LLC - Small Renewable Energy Project (Solar)

Tradewind Energy, Inc. (TWE) and TWE Myrtle Solar Project, LLC have provided notice to the Department of Environmental Quality of their intent to submit the necessary documentation for a permit by rule for a small renewable energy solar project. The TWE Myrtle Solar Project is a 15 megawatt project within the city limits of Suffolk along Pruden Boulevard (Hwy 460) and will cover approximately 120 acres. The ground-mounted array will utilize photovoltaic solar modules and single-axis tracking technology.

Contact Information: Mary E. Major, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone [phone], FAX [phone], or email [e-mail].

STATE BOARD OF HEALTH

Notice of Periodic Review and Small Business Impact Review

Pursuant to Executive Order 17 (2014) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Health is conducting a periodic review and small business impact review of 12VAC5-590, Waterworks Regulations.

The review of this regulation will be guided by the principles in Executive Order 17 (2014).

The purpose of this review is to determine whether this regulation should be repealed, amended, or retained in its current form. Public comment is sought on the review of any issue relating to this regulation, including whether the regulation (i) is necessary for the protection of public health, safety, and welfare or for the economical performance of important governmental functions; (ii) minimizes the economic impact on small businesses in a manner consistent with the stated objectives of applicable law; and (iii) is clearly written and easily understandable.

The comment period begins May 2, 2016, and ends May 23, 2016.

Comments may be submitted online to the Virginia Regulatory Town Hall at http://www.townhall.virginia.gov/L/Forums.cfm. Comments may also be sent to Drew Hammond, Deputy Director, Office of Drinking Water, Virginia Department of Health, 109 Governor Street, Richmond, VA 23219, telephone [phone], FAX [phone], or email [e-mail].

Comments must include the commenter's name and address (physical or email) information in order to receive a response to the comment from the agency. Following the close of the public comment period, a report of both reviews will be posted on the Town Hall and a report of the small business impact review will be published in the Virginia Register of Regulations.

VIRGINIA LOTTERY

Director's Orders

The following Director's Orders of the Virginia Lottery were filed with the Virginia Registrar of Regulations on April 11, 2016. The orders may be viewed at the Virginia Lottery, 900 East Main Street, Richmond, VA, or at the office of the Registrar of Regulations, 201 North 9th Street, 2nd Floor, Richmond, VA.

Director's Order Number Thirty-One (16)

Virginia Lottery's "Print 'n Play Retailer Promotion" Final Rules for Operation (effective May 1, 2016)

Director's Order Number Fifty (16)

Virginia Lottery's "Thank a Teacher" Final Rules for Operation (effective April 25, 2016)

Director's Order Number Fifty-Seven (16)

Virginia Lottery's "2016 VIP Nascar® Awards Banquet Giveaway" Promotion Final Rules for Operation (effective April 23, 2016)

Director's Order Number Fifty-Eight (16)

Virginia Lottery's 2016 RIR Torque Club Ticket Giveaway Final Rules for Operation (effective April 23, 2016)

Director's Order Number Fifty-Nine (16)

Raise the Bar Appreciation Rewards Virginia Lottery Retailer Incentive Program Requirements (this Director's Order becomes effective on April 5, 2016, and shall remain in full force and effect until ninety (90) days after the conclusion of the incentive program, unless otherwise extended by the Director)

Director's Order Number Sixty (16)

Certain Virginia Instant Game Lotteries; End of Games.

In accordance with the authority granted by §§ 2.2-4002 B 15 and 58.1-4006 A of the Code of Virginia, I hereby give notice that the following Virginia Lottery instant games ended effective April 2, 2016:

Virginia Lottery's FastPlay $15,000 Money Mania (164 15)

Virginia Lottery's FastPlay $50,000 Blackjack (165 15)

Virginia Lottery's FastPlay Bankroll Bingo (166 15)

Virginia Lottery's FastPlay Blackjack (11 11)

Virginia Lottery's FastPlay Bonus Bingo (42 09)

Virginia Lottery's FastPlay Crossword (167 15)

Virginia Lottery's FastPlay Dodgeball (130 12)

Virginia Lottery's Fast 50's Hot Slots Doubler (78 15)

Virginia Lottery's FastPlay Find the 9's (14 13)

Virginia Lottery's FastPlay Lucky Bucks (158 15)

This Director's Order becomes effective nunc pro tunc to April 2, 2016, and shall remain in full force and effect unless amended or rescinded by further Director's Order.

Director's Order Number Sixty-One (16)

Virginia Lottery's "Game Room Promotion" Final Rules for Operation (effective May 1, 2016)

DEPARTMENT OF MEDICAL ASSISTANCE SERVICES

Notice of Periodic Review and Small Business Impact Review

Pursuant to Executive Order 17 (2014) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Medical Assistance Services is conducting a periodic review and small business impact review of 12VAC30-150, Uninsured Medical Catastrophe Fund.

The review of this regulation will be guided by the principles in Executive Order 17 (2014).

The purpose of this review is to determine whether this regulation should be repealed, amended, or retained in its current form. Public comment is sought on the review of any issue relating to this regulation, including whether the regulation (i) is necessary for the protection of public health, safety, and welfare or for the economical performance of important governmental functions; (ii) minimizes the economic impact on small businesses in a manner consistent with the stated objectives of applicable law; and (iii) is clearly written and easily understandable.

The comment period begins April 14, 2016, and ends May 5, 2016.

Comments may be submitted online to the Virginia Regulatory Town Hall at http://www.townhall.virginia.gov/L/Forums.cfm.

Comments must include the commenter's name and address (physical or email) information in order to receive a response to the comment from the agency. Following the close of the public comment period, a report of both reviews will be posted on the Town Hall and a report of the small business impact review will be published in the Virginia Register of Regulations.

VIRGINIA CODE COMMISSION

Notice to State Agencies

Contact Information: Mailing Address: Virginia Code Commission, General Assembly Building, 201 North 9th Street, 2nd Floor, Richmond, VA 23219; Telephone: Voice [phone]; Email: [e-mail].

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 http://www.virginia.gov/connect/commonwealth-calendar.

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.

ERRATA

STATE BOARD OF HEALTH

Title of Regulation:  12VAC5-481. Virginia Radiation Protection Regulations.

Publication: 32:17 VA.R. 2340-2388 April 18, 2016

Correction to Final Regulation:

Page 2340, in the parenthetical after "amending" delete "12VAC5-481-3390 through 12VAC5-481-3450;" and insert "12VAC5-481-3390 through 12VAC5-481-3430, 12VAC5-481-3450;"

VA.R. Doc. No. R16-4305; Filed April 13, 2016