8 General Notices/Errata

GENERAL NOTICES/ERRATA

Vol. 29 Iss. 20 - June 03, 2013

GENERAL NOTICES/ERRATA

STATE BOARD OF ELECTIONS

Notice of Periodic and Small Business Impact Review

Pursuant to Executive Order 14 (2010) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Elections is currently reviewing each of the regulations listed below to determine whether it should be terminated, amended, or retained in its current form. The review of each regulation will be guided by the principles in Executive Order 14 (2010) and § 2.2-4007.1 of the Code of Virginia. Each regulation will be reviewed to determine 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.

1VAC20-50, Candidate Qualification

1VAC20-60, Election Administration

1VAC20-80, Recounts and Contested Elections

Agency Contact: Myron McClees, Policy Analyst, State Board of Elections, 1100 Bank Street, Richmond, VA 23219, telephone [phone], FAX [phone], or email [e-mail].

1VAC20-10, Public Participation Guidelines

1VAC20-20, General Administration

1VAC20-40, Voter Registration

1VAC20-70, Absentee Voting

1VAC20-90, Campaign Finance and Political Advertisements

Agency Contact: Martha Brissette, Policy Analyst, State Board of Elections, 1100 Bank Street, Richmond, VA 23219, telephone [phone], FAX [phone], or email [e-mail].

The comment period begins June 3, 2013, and ends June 24, 2013.

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 the agency contacts listed above.

Comments must include the commenter's name and address (physical or email) information in order that the agency may contact the commenter if needed for clarification. Following the close of the public comment period, a report of the periodic review will be posted on the Town Hall and published in the Virginia Register of Regulations.

DEPARTMENT OF ENVIRONMENTAL QUALITY AND
DEPARTMENT OF CONSERVATION AND RECREATION

Public Meeting and Public Comment

The Department of Environmental Quality (DEQ) and the Department of Conservation and Recreation (DCR) seek written and oral comments from interested persons on the development of an Implementation Plan (IP) for bacteria and sediment total maximum daily loads (TMDLs). Following are the "impaired" stream, the length of the impaired segment, and the reason for the impairment: Ore Branch, all, bacteria; Roanoke River, 29.56 miles, bacteria; Back Creek, 9.88 miles, bacteria; Mason Creek, 7.56 miles, bacteria; Mudlick Creek, 7.28 miles, bacteria; Murray Run, 3.22 miles, bacteria; Peters Creek, 7.14 miles, bacteria; Tinker Creek, 19.34 miles, bacteria; Carvin Creek, 5.36 miles, bacteria; Glade Creek, 12.59 miles, bacteria; Laymantown Creek, 2.07 miles, bacteria; Lick Run, 9.37 miles, bacteria; and Roanoke River, 20.04 miles, sediment. These portions of the Roanoke River watershed are located in Bedford, Botetourt, Floyd, Franklin, Craig, Montgomery, and Roanoke counties; Roanoke City; and Salem. The TMDL studies for these stream impairments were completed in February 2006, March 2006, and March 2004 and can be found, respectively, in the Bacteria TMDLs for Wilson Creek, Ore Branch, and Roanoke River Watersheds, Virginia report (available at http://www.deq.virginia.gov/portals/0/DEQ/Water/TMDL/apptmdls/roankrvr/uroanec.pdf), the Benthic TMDL Development for the Roanoke River, Virginia report (available at http://www.deq.virginia.gov/portals/0/DEQ/Water/TMDL/apptmdls/roankrvr/uroanbc.pdf), and the Fecal Coliform Total Maximum Daily Load Development for Glade Creek, Tinker Creek, Carvin Creek, Laymantown Creek, and Lick Run report (available at http://www.deq.virginia.gov/portals/0/DEQ/Water/TMDL/apptmdls/roankrvr/tinkerfc.pdf).

Section 62.1-44.19:7 C of the Code of Virginia requires the development of an IP for approved TMDLs. The IP should provide measurable goals and the date of expected achievement of water quality objectives. The IP should also include the corrective actions needed and their associated costs, benefits, and environmental impacts.

The first public meeting to discuss the development of the IP for the bacteria and sediment TMDLs is an Open House format and will be held on Tuesday, June 11, 2013, from 3 p.m. to 8 p.m. at the Roanoke Civic Center, 710 Williamson Road, Roanoke, VA 24016. At this meeting, development of the implementation plan to restore water quality in the Upper Roanoke River watershed will be discussed, and citizens will learn how they can be part of the public participation process. Directions to the Roanoke Civic Center: From I-581, take exit 4E for US-460 E/Orange Avenue. Merge onto US-460 E/Orange Avenue NW. Turn right onto Williamson Road NE. The Roanoke Civic Center will be on the right.

DEQ accepts written comments by email, fax, or postal mail. The 30-day public comment period on the information presented at the meeting will end on July 11, 2013. Questions or information requests should be addressed to Mary Dail with the Virginia Department of Environmental Quality. Written comments and inquiries should include the name, address, and telephone number of the person submitting the comments and should be sent to Mary Dail, Virginia Department of Environmental Quality, 3019 Peters Creek Road, Roanoke, VA 24019, telephone [phone], FAX [phone], or email [e-mail].

STATE BOARD OF HEALTH

Notice of Periodic and Small Business Impact Review

Pursuant to Executive Order 14 (2010) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Health is currently reviewing each of the regulations listed below to determine whether it should be terminated, amended, or retained in its current form. The review of each regulation will be guided by the principles in Executive Order 14 (2010) and § 2.2-4007.1 of the Code of Virginia. Each regulation will be reviewed to determine 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.

12VAC5-170, Prohibiting the Taking of Fish for Human Consumption from the North Fork of the Holston River

Agency Contact: David Trump, M.D., Director of the Office of Epidemiology, Department of Health, 109 Governor Street, Richmond, VA 23219, telephone [phone], or email [e-mail].

12VAC5-407, Regulations for the Submission of Health Maintenance Organization Quality of Care Performance Information

Agency Contact: Debbie Condrey, Director of the Office of Information Management, Department of Health, 109 Governor Street, Richmond, VA 23219, telephone [phone], or email [e-mail].

12VAC5-450, Rules and Regulations Governing Campgrounds

12VAC5-501, Rules and Regulations Governing the Construction and Maintenance of Migrant Labor Camps

Agency Contact: Allen Knapp, Director of the Office of Environmental Health Services, Department of Health, 109 Governor Street, Richmond, VA 23219, telephone [phone], or email [e-mail].

The comment period begins June 3, 2013, and ends June 24, 2013.

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 the agency contacts listed above.

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 the periodic review will be posted on the Town Hall and 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 McDonnell, represents the timetable that the listed executive agencies will follow in conducting their assessments of certain state and federal mandates on local governments that they administer. 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, which became effective October 11, 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 Zachary Robbins, Senior Policy Analyst, Commission on Local Government, telephone [phone], email [e-mail], or visit the Commission's website at www.dhcd.virginia.gov.

STATE AND FEDERAL MANDATES ON LOCAL GOVERNMENTS

Approved Schedule of Assessment Periods – July 2013 through June 2014

For Executive Agency Assessment of Cataloged Mandates

AGENCY	CATALOG NUMBER	ASSESSMENT PERIOD
Mandate Short Title
ARTS, VIRGINIA COMMISSION FOR THE
Project Grants	SOE.VCA003	7/1/13 to 8/31/13
EDUCATION, DEPARTMENT OF
Local School Division Policies	SOE.DOE026	7/1/13 to 8/31/13
Student Achievement and Graduation Requirements	SOE.DOE061	7/1/13 to 8/31/13
Internet Use Policy	SOE.DOE105	8/1/13 to 9/30/13
Charter School Applications	SOE.DOE119	8/1/13 to 9/30/13
Enrollment of Children Placed in Foster Care	SOE.DOE125	10/1/13 to 11/30/13
Minute of Silence	SOE.DOE135	10/1/13 to 11/30/13
ELECTIONS, STATE BOARD OF
Municipalities to Pay Expenses of May Elections	SOA.SBE008	1/1/14 to 3/31/14
EMERGENCY MANAGEMENT, DEPARTMENT OF
Local Emergency Operations Plan	SPS.VDEM003	3/1/14 to 5/31/14
GAME AND INLAND FISHERIES, DEPARTMENT OF
Model Ordinances for Hunting with Bow and Arrow	SNR.DGIF006	2/1/14 to 4/30/14
HEALTH, VIRGINIA DEPARTMENT OF
Public Water System Permit	SHHR.VDH019	7/1/13 to 9/30/13
JUVENILE JUSTICE, DEPARTMENT OF
Social Services Collaboration in Transition Planning for the Release of Certain Juveniles	SPS.DJJ010	8/1/13 to 10/31/13
TAXATION, DEPARTMENT OF
Tax Exemption for Certified Pollution Control Equipment and Facilities	SFIN.TAX014	3/1/14 to 5/31/14

STATE BOARD OF SOCIAL SERVICES

Notice of Periodic and Small Business Impact Review

Pursuant to Executive Order 14 (2010) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Social Services is conducting a periodic review of 22VAC40-670, Degree Requirements for Social Work Occupational Group and 22VAC40-675, Personnel Policies for Local Departments of Social Services. The review of the regulations will be guided by the principles in Executive Order 14 (2010) and § 2.2-4007.1 of the Code of Virginia. The purpose of the review is to determine whether each of these regulations should be terminated, amended, or retained in its current form.

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.

The comment period begins June 3, 2013, and ends June 24, 2013.

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 Lori Schamerhorn, Associate Director Senior, 801 East Main Street, Richmond, VA 23219, telephone (804) 726-7264, 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 the periodic review will be posted on the Town Hall and published in the Virginia Register of Regulations.

Virginia Child Support Guidelines Review Panel to Hold Public Hearing

The Virginia Child Support Guidelines Review Panel (Panel) is undertaking its statutory responsibility to examine and review the child support guidelines found in §§ 20-108.1 and 20-108.2 of the Code of Virginia.

The Panel has scheduled a public hearing on Monday, June 17, 2013, at 10 a.m. to hear the suggestions and concerns of interested citizens in addressing the guidelines. The location of the meeting is Virginia State Capitol, House Room 1, Capitol Square, Richmond, VA 23219.

The hearing seeks comment from the public about the guidelines, which define financial obligations of parents for their children.

Documents for the public hearing will be posted under the public hearing documents tab at http://dls.state.va.us/GROUPS/childsupport/meetings/061713/materials.htm.

The hearing will begin at 10 a.m. Registration of speakers will begin at 9:30 a.m. In order to give everyone a chance to speak, each speaker is asked to limit comments to three minutes. Speakers are encouraged to provide a written copy of their comments. The written copy may contain more detail than the three-minute public presentation.

The Panel also encourages written comment by mail, fax, or email. Comments may be mailed by June 10, 2013, to Alice G. Burlinson, Senior Assistant Attorney General, Division of Child Support Enforcement, 4504 Starkey Road SW, Suite 103, Roanoke, VA 24018-8518, telephone [phone], FAX (540) 776-2797, or email [e-mail].

VIRGINIA CODE COMMISSION

Code of Virginia Title Recodifications

The Virginia Code Commission, which is responsible for publishing and maintaining the Code of Virginia, is considering placing Title 23, Educational Institutions, on its work plan as the commission's next recodification project to begin in 2014, followed by Title 36, Housing, in 2016. Neither title has been recodified since its enactment as part of the current Code of Virginia of 1950.

Generally, the commission selects a title to recodify based on the need to logically reorganize content, modernize language, and reflect current Code of Virginia style and numbering schemes. To the extent practical, the commission avoids making substantive changes to the statutory text. In the event a substantive change is made, the change is highlighted and explained in the final report.

Other titles presented as recodification candidates in the future include Titles 8.01 (Civil Remedies and Procedure), 22.1 (Education), 40.1 (Labor and Employment), 45.1 (Mines and Mining), and 55 (Property and Conveyances).

The commission is currently working on Title 33.1, Highways, Bridges and Ferries, assisted by an advisory panel of practitioners experienced in this area. Work on proposed Title 33.2, Highways and Other Surface Transportation Systems, is expected to be finalized by the end of 2013 with resulting legislation introduced at the 2014 Session of the General Assembly. More information on title recodifications can be found on the commission's website: http://codecommission.dls.virginia.gov/title_33_1.shtml.

Send comments to Jane Chaffin at [e-mail] or General Assembly Building, 2nd Floor, 201 North Ninth Street, Richmond, VA 23219, by June 18, 2013.

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/.

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/cumultab.htm.

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.