8 General Notices/Errata

GENERAL NOTICES/ERRATA

Vol. 31 Iss. 18 - May 04, 2015

GENERAL NOTICES/ERRATA

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Department of Agriculture and Consumer Services conducted a small business impact review of 2VAC5-170, Rules and Regulations for the Registration of Poultry Dealers and determined that this regulation should be retained in its current form. The Department of Agriculture and Consumer Services is publishing its report of findings dated March 17, 2015, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

This regulation is important for the poultry industry in Virginia. Many farms that have poultry are small businesses. Without the safeguards this regulation provides, these small businesses take on a great amount of risk. Without this regulation, the risk of disease spread becomes significantly higher and that risk may greatly decrease Virginia's poultry farms and the small businesses that rely on them. There have been no complaints from the public, and the regulation is not complicated. The regulation does not overlap, duplicate, or conflict with federal or state law or regulation. Since the last time this regulation was evaluated, there have not been significant changes in technology, economic conditions, or other factors.

Contact Information: Dr. Charles Broaddus, Program Manager, Veterinary Services, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone [phone], FAX [phone], or email [e-mail].

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Department of Agriculture and Consumer Services conducted a small business impact review of 2VAC5-206, Regulation for Scrapie Eradication and determined that this regulation should be retained in its current form. The Department of Agriculture and Consumer Services is publishing its report of findings dated March 17, 2015, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

This regulation is important for the sheep and goat industries in Virginia. Many farms that have sheep and goats are small businesses. Without the safeguards this regulation provides, these small businesses take on a great amount of risk. If Virginia's "scrapie-free status" is compromised, other states and countries will not purchase Virginia sheep or goats, which will negatively impact sheep and goat farms and the businesses that rely on them and could cause some sheep and goat farms to go out of business. There have been no complaints from the public, and the regulation is not unnecessarily complicated. The regulation does not overlap, duplicate, or conflict with federal or state law or regulation, and it is supportive of USDA requirements that each state have a state regulation addressing scrapie that is consistent with the federal rules. Since the last time this regulation was evaluated, there have not been significant changes in technology, economic conditions, or other factors.

Contact Information: Dr. Charles Broaddus, Program Manager, Veterinary Services, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone [phone], FAX (804) 371-2380, or email [e-mail].

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Department of Agriculture and Consumer Services conducted a small business impact review of 2VAC5-315, Virginia Imported Fire Ant Quarantine for Enforcement of the Virginia Pest Law and determined that this regulation should be retained in its current form. The Department of Agriculture and Consumer Services is publishing its report of findings dated March 23, 2015, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

The agency has determined that this regulation is necessary in order to continue to slow the artificial spread of the fire ant from infested areas to noninfested areas. This regulation has an economic impact on small businesses that are located in the regulated area. These small businesses are required to survey for fire ants and treat regulated articles in an effort to prevent the artificial spread of the fire ant. The agency has determined that the regulation is not unnecessarily burdensome or complex. The agency has not received any complaints or comments from the public regarding the regulation.

Section 3.2-703 of the Code of Virginia provides the Commissioner of Agriculture and Consumer Services with the authority to expand or reduce a quarantine's regulated area. The regulation was established in 2009 and has not been expanded since that time, as fire ant populations outside of the quarantined area have remained at low levels indicating that the regulation is succeeding at reducing the artificial movement of the fire ant. No significant changes to technology, economic conditions, or other factors have occurred that would necessitate amendments to this regulation.

The fire ant is a federally regulated pest. Currently, the regulated areas under the federal fire ant quarantine mirror the regulated areas included in Virginia's quarantine. Without this regulation, the U.S. Department of Agriculture, Animal and Plant Health Inspection Service may elect to issue a federal quarantine that would encompass all of Virginia and would place restrictions on businesses in noninfested areas of Virginia that are not currently subject to the provisions of this regulation. As such, the agency recommends that the regulation stay in effect without change.

Contact Information: Andres Alvarez, Director, Division of Consumer Protection, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone (804) 225-3821, FAX [phone], or email [e-mail].

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Department of Agriculture and Consumer Services conducted a small business impact review of 2VAC5-620, Regulations Pertaining to the Establishment of the Dangerous Dog Registry and determined that this regulation should be retained in its current form. The Department of Agriculture and Consumer Services is publishing its report of findings dated March 16, 2015, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

The agency has determined that there is a continued need for this regulation to stay in effect in order to protect citizens, pets, and other animals in the Commonwealth. This regulation does not place any regulatory burden on small businesses but assists the agency in providing information to the public that enables small businesses to have knowledge of dangerous dogs in their area and to take necessary precautions to protect their businesses and customers. The agency has not received any complaints or comments concerning this regulation from the public. The regulation is clear and uncomplicated. This regulation does not overlap, duplicate, or conflict with federal or state law or regulation. In the period since this regulation was last evaluated, there have been no significant changes in technology, economic conditions, or other factors

Contact Information: Dr. Carolynn Bissett, Acting Program Manager, Office of Animal Care and Emergency Response, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone [phone], FAX [phone], or email [e-mail].

STATE CORPORATION COMMISSION

Bureau of Insurance

Administrative Letter 2015-08

To: All Companies Licensed to Write Accident and Sickness Insurance in Virginia, All Health Services Plans and Health Maintenance Organizations Licensed in Virginia

RE: Withdrawal of Administrative Letter 2015-01
Code of Virginia § 38.2-3418.17 – Coverage for Autism Spectrum Disorder

This letter serves as notice that Administrative Letter 2015-01 is hereby withdrawn.

The 2015 Virginia General Assembly passed HB 1940, which has been enrolled and signed by the Governor. Its provisions will go into effect July 1, 2015.

Contained in this bill is an amendment to subsection F of § 38.2-3418.17, that eliminates a reference to employers in the small group market as having 50 or fewer employees. As a result of this amendment, a health benefit plan that will be issued in the small group market on or after January 1, 2016 will be exempt from the requirement to provide the coverage as described in § 38.2-3418.17 for diagnosis and treatment of autism spectrum disorder. 

Administrative Letter 2015-01 is therefore withdrawn. Questions relating to this matter should be referred to Julie Blauvelt, Insurance Policy Advisor, Bureau of Insurance, Life and Health Division, State Corporation Commission, P.O. Box 1157, Richmond, VA 23218, telephone [phone], or email [e-mail].

/s/ Jacqueline K. Cunningham
Commissioner of Insurance

BOARD OF JUVENILE JUSTICE

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 (Board) of Juvenile Justice is currently reviewing each of the regulations listed below to determine whether the regulation should be repealed, amended, or retained in its current form. The review of each regulation will be guided by the principles in Executive Order 17 (2014). Public comment is sought on the review of any issue relating to each 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.

6VAC35-11, Public Participation Guidelines

6VAC35-190, Regulations Governing Juvenile Work and Educational Release Programs

The comment period begins May 4, 2015, and ends May 29, 2015.

Agency Contact: Barbara Peterson-Wilson, Regulatory and Policy Coordinator, Department of Juvenile Justice, P.O. Box 1110, Richmond, VA 23218-1110, 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.

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(6) 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, Senior Policy Analyst, Commission on Local Government, email [e-mail], or telephone [phone], or visit the Commission's website at www.dhcd.virginia.gov.

STATE AND FEDERAL MANDATES ON LOCAL GOVERNMENTS

Approved Schedule of Assessment Periods – July 2015 through June 2016

For Executive Agency Assessment of Cataloged Mandates

AGENCY	CATALOG	ASSESSMENT
Mandate Short Title	NUMBER	PERIOD
AGRICULTURE AND CONSUMER SERVICES, DEPARTMENT OF
Control of Dangerous and Vicious Dogs	SAF.VDACS009	7/1/15 to 9/30/15
CRIMINAL JUSTICE SERVICES, DEPARTMENT OF
Training Standards for Criminal Justice Personnel	SPSHS.DCJS008	8/1/15 to 10/31/15
De-Certification of Law Enforcement Officers	SPSHS.DCJS032	8/1/15 to 10/31/15
Prevention of Internet Crimes Against Children	SPSHS.DCJS034	8/1/15 to 10/31/15
EDUCATION, DEPARTMENT OF
Programs for Educationally At-Risk  Students	SOE.DOE053	7/1/15 to 8/31/15
Competency-Based Career and Technical Education Program and Standards	SOE.DOE062	7/1/15 to 8/31/15
Prevention of Violence and Crime on School Property	SOE.DOE086	7/1/15 to 8/31/15
School Crisis, Emergency Management, and Medical Emergency Response Plan	SOE.DOE090	9/1/15 to 10/31/15
Evaluation of Superintendent, Teachers, and Principals	SOE.DOE111	9/1/15 to 10/31/15
Asthma and Anaphylaxis Medication Policy	SOE.DOE112	9/1/15 to 10/31/15
ELECTIONS, DEPARTMENT OF
Cancellation of Voter Registration	SOA.ELECT005	7/1/15 to 8/31/15
EMERGENCY MANAGEMENT, DEPARTMENT OF
Localities Participation in Statewide Mutual Aid	SPSHS.VDEM015	12/1/15 to 2/29/16
HEALTH, VIRGINIA DEPARTMENT OF
Emergency Medical Services Criminal History Record Information	SHHR.VDH032	10/1/15 to 12/31/15
LABOR AND INDUSTRY, DEPARTMENT OF
Providing Local Government Statistical Information	SCT.DOLI006	7/1/15 to 9/30/15
MARINE RESOURCES COMMISSION, VIRGINIA
Comprehensive Plan to Include Coastal Resource Management	SNR.MRC003	10/1/15 to 12/31/15
SOCIAL SERVICES, DEPARTMENT OF
Social Worker Degree Requirements	SHHR.DSS074	9/1/15 to 11/30/15
TAXATION, DEPARTMENT OF
Board of Equalization Appeals Process	SFIN.TAX011	9/1/15 to 11/30/15
Payment Agreements for Delinquent Real Property	SFIN.TAX017	7/1/15 to 9/30/15
Northern Virginia Transportation Authority Must Deposit Certain Funds	SFIN.TAX018	7/1/15 to 9/30/15
Regional Transient Occupancy Tax in Northern Virginia	SFIN.TAX019	8/1/15 to 10/31/15
TRANSPORTATION, DEPARTMENT OF
Removal or Relocation of Outdoor Advertising	STO.VDOT015	7/1/15 to 9/30/15
Vegetation Control for Outdoor Advertising Signs	STO.VDOT032	7/1/15 to 9/30/15

DEPARTMENT OF MEDICAL ASSISTANCE SERVICES

Public Comment Concerning Three-Year Extension of Waiver for FAMIS MOMS and FAMIS Select

Virginia's Title XXI Child Health Insurance Plan (CHIP) covers children with family income from 143% to 200% of the federal poverty level (FPL) under a separate child health plan known as the Family Access to Medical Insurance Security Plan (FAMIS). Virginia's Title XXI Health Insurance Flexibility and Accountability (HIFA) Demonstration has two objectives. First, it expands Title XXI coverage to uninsured pregnant women with family income up to 200% of the FPL, who are not eligible for Medicaid, through a program known as FAMIS MOMS. Second, it uses Title XXI funds to support a health insurance premium assistance program known as FAMIS Select. Virginia's current HIFA Demonstration ends June 30, 2016. The Department of Medical Assistance Services (DMAS) proposes to extend the HIFA Demonstration for three additional years, through June 30, 2019, and is seeking public comment on this proposal.

FAMIS MOMS

The purpose of the FAMIS MOMS program is to provide prenatal care to uninsured women living within the Title XXI income range and likely to give birth to a FAMIS-eligible child. Consistent with Title XXI requirements, to be eligible for FAMIS MOMS, a pregnant woman must be uninsured, a citizen, or lawfully residing immigrant, and not be an inpatient in an institution for mental diseases or an inmate in an institution that is not a medical facility. The FAMIS MOMS program provides eligible pregnant women the same

comprehensive coverage that pregnant women receive from the Virginia Medicaid program. There is no difference in covered services, service limitations, or pre-authorization requirements. Like Medicaid, there are no premiums of copayments required. FAMIS MOMS uses the same health care services delivery systems (fee-for-service and managed care organizations) as FAMIS.

FAMIS Select

The Code of Virginia provides an option for children eligible for FAMIS to be enrolled in employer-sponsored health insurance (ESHI) and for DMAS to contribute to the cost of ESHI for eligible dependent children if deemed cost effective to the Commonwealth. With FAMIS Select, the family of a FAMIS enrolled child may enroll the child in their employer's health insurance program or a private health insurance plan and be reimbursed up to $100 per month per eligible child, not to exceed the amount of the premium. The child then receives the health care services provided by the private or employer-sponsored health plan, using that health plan's provider network, and the family is responsible for any costs associated with that policy.

Public Review and Comment

The full public notice and the preliminary HIFA Demonstration Extension Application will be available for public review on April 25, 2015, from the Department of Medical Assistance Services, Division of Maternal and Child Health, 600 East Broad Street, 7th floor, Richmond, VA 23219 and on the Department of Medical Assistance Services website at http://dmasva.dmas.virginia.gov/ through a link in the What's New column and from the Cover Virginia website at www.coverva.org.

DMAS is seeking comments on the preliminary application. Anyone wishing to submit comments may do so to Joanne Boise by mail at Department of Medical Assistance Services, Division of Maternal and Child Health, 600 East Broad Street, Richmond, VA 23219 or by email to [e-mail]. In order to be considered, comments must be received by June 5, 2015.

DMAS will convene two public hearings to seek public input on the HIFA Demonstration Extension Application. Both oral and written comments may be submitted at that time.

Public Hearing 1:

When: May 7, 2015, 10:00 a.m.

Where: Virginia Department of Medical Assistance Services

600 East Broad Street

Richmond, Virginia 23219

Conference Call Option: 1-866-842-5779
Passcode: 2761019567

Public Hearing 2:

When: June 4, 2015, 1:00 p.m.

Where: Quarterly Children's Health Insurance Advisory Committee Meeting

Virginia Community Healthcare Association

Westerre Conference Center

3831 Westerre Parkway

Henrico, VA 23233

Contact Information: Joanne Boise, Senior Policy Analyst, Department of Medical Assistance Services, Maternal and Child Health Division, 600 East Broad Street, Richmond, VA 23219, telephone [phone], or email [e-mail].

STATE WATER CONTROL BOARD

Proposed Consent Order for Highlands Swim and Tennis Club, Inc.

An enforcement action has been proposed for Highlands Swim and Tennis Club, Inc. for violations of the State Water Control Law and State Water Control Board regulations at the Highlands Swim and Tennis Club located in McLean, Virginia. The State Water Control Board proposes to issue a consent order to resolve violations associated with the Highlands Swim and Tennis Club. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Stephanie Bellotti will accept comments by email at [e-mail], FAX at [phone], or postal mail at Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, from May 5, 2015, through June 4, 2015.

Proposed Consent Order for Moothru, LLC

An enforcement action has been proposed for Moothru, LLC, for violations of the State Water Control Law and State Water Control Board regulations in Fauquier County, Virginia. The State Water Control Board proposes to issue a consent order to resolve violations associated with the Moothru Wastewater Treatment Plant. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Stephanie Bellotti will accept comments by email at [e-mail], FAX at [phone], or postal mail at Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, from May 5, 2015, through June 4, 2015.

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 Environmental Quality, on behalf of the State Water Control Board, is conducting a periodic review and small business impact review of 9VAC25-220, Surface Water Management Area Regulation.

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 4, 2015, and ends May 26, 2015.

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 Melissa Porterfield, Office of Regulatory Affairs, P.O. Box 1105, Richmond, VA 23218, 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 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]; FAX (804) 692-0625; 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.