Regulatory Alert
A Convenient Guide to Regulatory
Activity in the Commonwealth
Nov-Dec, 2009
The Regulatory
Alert is intended to assist General Assembly members as they keep
up with the myriad regulations being proposed by agencies in the
Commonwealth. The goal of this project is to provide a timely, simple,
and accurate summary of the rules that are being proposed by agencies,
boards, and commissions. Highlighting regulations when they are
published as "proposed regulations" gives General Assembly
members notice that the critical public participation phase of the
rulemaking process is well underway. It is during the public participation
process that the questions of an Assembly member or constituent
may be most effectively communicated to the agency and examined
by the individuals crafting the regulatory proposal.
The Regulatory
Alert is not intended to be a substitute for the comprehensive information
on agency rulemaking activity that is currently published biweekly
in the Virginia Register of Regulations or the notification
services offered by the Regulatory Town Hall website maintained
by the Department of Planning and Budget. It is hoped that the Legislative
Record will assist all members as they monitor the development,
modification and repeal of administrative rules in the Commonwealth.
Access the
Virginia Register of Regulations online at or contact epalen@dls.virginia.gov
or the Code Commission staff at (804) 786-3591 for further information.
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TITLE 8.
EDUCATION
GEORGE
MASON UNIVERSITY
| REGISTRAR'S
NOTICE: George Mason University is exempt from the Administrative
Process Act in accordance with § 2.2-4002 A 6 of the Code of
Virginia, which exempts educational institutions operated by the
Commonwealth.
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8VAC35-30.
Space Utilization and Scheduling Policies and Procedures (repealing 8VAC35-30-10
through 8VAC35-30-240).
8VAC35-31.
Space Use (adding 8VAC35-31-10 through 8VAC35-31-50).
Summary:
This
action repeals the current space use regulation and promulgates a new
space use regulation to incorporate university policies within designated
areas.
For
more information please contact Kenneth W. Hubble, Agency Regulatory Coordinator,
George Mason University, Fairfax, VA, telephone (703) 993-3091, or email
khubble@gmu.edu.
8VAC35-50.
Poster Posting Policy and Procedures (repealing 8VAC35-50-10 through 8VAC35-50-180).
Summary:
The proposed
action repeals the Poster Posting Policy and Procedures regulation.
Activity proscribed in the regulation is either subject to other regulation
or governed by contract.
For more information
please contact Kenneth W. Hubble, Agency Regulatory Coordinator, George
Mason University, Fairfax, VA, telephone (703) 993-3091, or email khubble@gmu.edu.
TITLE
9. ENVIRONMENT
STATE
WATER CONTROL BOARD
9VAC25-580. Underground Storage Tanks: Technical Standards and
Corrective Action Requirements (amending 9VAC25-580-10, 9VAC25-580-20,
9VAC25-580-50, 9VAC25-580-120, 9VAC25-580-130, 9VAC25-580-140; adding
9VAC25-580-125, 9VAC25-580-370).
A public
hearing will be held on December 17, 2009, at 1 p.m. at the Department
of Environmental Quality, Richmond, VA. Written public comment may be
submitted until January 8, 2010.
Summary:
Pursuant
to the requirements of the federal Energy Policy Act of 2005, the board
is amending the regulation to accomplish the following: (i) require
secondary containment of all new and replacement underground storage
tanks (USTs) and associated piping within 1,000 feet of an existing
community water system (this includes the piping distribution system)
or other potable drinking water well; (ii) develop criteria for determining
what tanks are ineligible for petroleum delivery, the methods for marking
the tanks, providing notice to owners/operators and delivery companies
that the tanks are ineligible, and for developing criteria for reclassifying
ineligible tanks as eligible; and (iii) require training for certain
classes of UST operators. The goal of the amendments is to reduce the
number and severity of petroleum leaks from UST systems by strengthening
pollution prevention requirements and encouraging UST owners and operators
to maintain compliant UST systems. The full text of this new federal
legislation can be found at http://www.epa.gov/oust/fedlaws/nrg05_01.htm.
This proposal consolidates two Notices of Intended Regulatory Action:
Amendment Regarding Operator Training for Owners and Operators (24:14
VA.R. 1887 March 17, 2008) and Incorporation of Requirements of Federal
Energy Policy Act of 2005 (23:25 VA.R. 4100 August 20, 2007).
For
more information please contact Russell Ellison, Department of Environmental
Quality, Richmond, VA, telephone (804) 698-4269, FAX (804) 698-4266, or
email russell.ellison@deq.virginia.gov.
TITLE
12. HEALTH
STATE
BOARD OF HEALTH
12VAC5-90.
Regulations for Disease Reporting and Control (amending 12VAC5-90-10,
12VAC5-90-30, 12VAC5-90-80, 12VAC5-90-90, 12VAC5-90-100, 12VAC5-90-103,
12VAC5-90-107, 12VAC5-90-110, 12VAC5-90-130, 12VAC5-90-140, 12VAC5-90-225,
12VAC5-90-370).
Written public comment
may be submitted until February 5, 2010.
Summary:
The proposed
amendments update the regulation to conform to recent changes in the
Code of Virginia, add or remove diseases from the list of reportable
diseases, expand the list of conditions for which laboratories are required
to submit specimens, and clarify current requirements and definitions.
For more information
please contact Diane Woolard, Ph.D., Director, Disease Surveillance, Department
of Health, Richmond, VA, telephone (804) 864-8124, or email diane.woolard@vdh.virginia.gov.
TITLE
13. HOUSING
VIRGINIA
HOUSING DEVELOPMENT AUTHORITY
| REGISTRAR'S
NOTICE: The Virginia Housing Development Authority is exempt
from the Administrative Process Act (§ 2.2-4000 et seq. of
the Code of Virginia) pursuant to § 2.2-4002 A 4; however,
under the provisions of § 2.2-4031, it is required to publish
all proposed and final regulations.
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13VAC10-180. Rules
and Regulations for Allocation of Low-Income Housing Tax Credits (amending
13VAC10-180-60; repealing 13VAC10-180-80).
Summary:
The proposed
amendments (i) add a source of financing to the subsidized funding category,
(ii) add a negative point category to discourage construction of new
rental space in areas anticipated to have little or no increase in rent-burdened
households, (iii) add a point category to encourage new rental space
in urban development growth areas or zoned areas with an affordable
dwelling unit bonus, (iv) revise the amenity category for high efficiency
heat pumps and gas furnaces, (v) add a point amenity category for geothermal
heat pump systems, (vi) add a point amenity category for solar electric
systems, (vii) revise the point category for units for persons with
disabilities with federal project-based subsidy, (viii) delete the point
category for a LEED-certified design team member, (ix) suspend the preservation
pool for credit year 2010, and (x) make other miscellaneous administrative
clarification changes.
For more information
please contact J. Judson McKellar, Jr., General Counsel, Virginia Housing
Development Authority, Richmond, VA, telephone (804) 343-5540 or email
judson.mckellar@vhda.com.
TITLE
14. INSURANCE
STATE
CORPORATION COMMISSION
| REGISTRAR'S
NOTICE: The State Corporation Commission is exempt from the
Administrative Process Act in accordance with § 2.2-4002 A
2 of the Code of Virginia, which exempts courts, any agency of the
Supreme Court, and any agency that by the Constitution is expressly
granted any of the powers of a court of record.
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14VAC5-90. Rules Governing Advertisement of Accident and Sickness
Insurance (amending 14VAC5-90-170).
Summary:
The
proposed amendment eliminates the requirement for insurers to file a
Certificate of Advertising Compliance with its Annual Statement filing.
Subsection B of 14VAC5-90-170 is being deleted, as well as accompanying
Form R04.
For
more information please contact Jacqueline Cunningham, Deputy Commissioner,
Bureau of Insurance, State Corporation Commission, Richmond, VA, telephone
(804) 371-9074, FAX (804) 371-9944, or email jackie.cunningham@scc.virginia.gov.
14VAC5-310.
Rules Governing Actuarial Opinions and Memoranda (amending 14VAC5-310-90).
14VAC5-321. Use of the 2001 CSO Mortality Table in Determining Reserve
Liabilities and Nonforfeiture Benefits (amending 14VAC5-321-30).
A public
hearing will be scheduled upon request.
Summary:
The
revisions allow the Bureau of Insurance to authorize insurance companies
to use the 2001 CSO Mortality Table for policies issued on or after
January 1, 2004 (14VAC5-321), the current provision is applicable for
policies issued on or after July 1, 2004. The proposed revisions also
require an appointed actuary to produce a report attesting to the fact
that a company has booked reserves satisfying the minimum reserve requirements
and describing how they reached their conclusion regarding adequacy
(14VAC5-310). The proposed revisions to the rules are based on the National
Association of Insurance Commissioner's (NAIC) revisions to its Actuarial
Opinion and Memorandum Regulation Model, which was adopted by the NAIC
on September 23, 2009, and its Recognition of the 2001 CSO Mortality
Table for Use in Determining Minimum Reserve Liabilities and Nonforfeiture
Benefits Model Regulation, which was adopted by the NAIC in 2002.
For
more information please contact Raquel C. Pino-Moreno, Principal Insururance
Analyst, Bureau of Insurance, State Corporation Commission, Richmond,
VA, telephone (804) 371-9499, FAX (804) 371-9511, or email raquel.pino-moreno@scc.virginia.gov.
14VAC5-395.
Rules Governing Settlement Agents (amending 14VAC5-395-30, 14VAC5-395-40).
A public
hearing will be held upon request. Written public comment may be submitted
until December 21, 2009.
Summary:
The
amendments incorporate statutory changes made to § 6.1-2.26 of
the Code of Virginia that shift the duty to register settlement agents
from the Virginia State Bar to the appropriate licensing authority.
The proposed amendments incorporate these statutory changes by making
the Bureau of Insurance responsible for registering title insurance
agents and title insurance companies that conduct settlements.
For
more information please contact Scott White, Senior Counsel, Office of
General Counsel, State Corporation Commission, Richmond, VA 23218, telephone
(804) 371-9671, FAX (804) 371-9240, or email scott.white@scc.virginia.gov.
TITLE
18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD
OF PHARMACY
18VAC110-20.
Regulations Governing the Practice of Pharmacy (amending 18VAC110-20-10,
18VAC110-20-400; adding 18VAC110-20-740 through 18VAC110-20-800).
A public
hearing will held on December 16, 2009, at 9 a.m. at the Department of
Health Professions, Richmond, VA. Written public comments may be submitted
until January 22, 2010.
Summary:
Pursuant
to Chapter 429 of the 2008 Acts of Assembly, the Board of Pharmacy proposes
to establish a prescription drug donation program. The proposed regulations
set forth requirements for pharmacies to register as a drug donation
site; criteria for drugs eligible for donation; procedures for collecting
donated drugs, including specification of information on a donor form
for each drug donated; procedures for transferring and redispensing
donated drugs; procedures for disposing of any unused donated drugs;
and recordkeeping requirements associated with the program.
For
more information please contact Elizabeth Scott Russell, RPh, Executive
Director, Board of Pharmacy, Richmond, VA, telephone (804) 367-4456, FAX
(804) 527-4472, or email scotti.russell@dhp.virginia.gov.
BOARD
OF SOCIAL WORK
18VAC140-20.
Regulations Governing the Practice of Social Work (amending 18VAC140-20-40,
18VAC140-20-45, 18VAC140-20-50; adding 18VAC140-20-49).
Written
public comments may be submitted until February 5, 2010.
Summary:
The
proposed regulatory action specifies the educational requirements necessary
to qualify a candidate to sit for the licensed clinical social work
examination in Virginia and incorporates language currently adopted
as Guidance Document 140-6, effective April 17, 2009. It specifies the
specific clinical course requirements by general categories, the minimum
number of field placement/practicum hours, and the accreditation standard
for master’s level clinical programs.
For
more information please contact Evelyn B. Brown, Executive Director, Board
of Social Work, Richmond, VA, telephone (804) 367-4488, FAX (804) 527-4435,
or email evelyn.brown@dhp.virginia.gov.
TITLE
20. PUBLIC UTILITIES AND TELECOMMUNICATIONS
STATE
CORPORATION COMMISSION
| REGISTRAR'S
NOTICE: The State Corporation Commission is exempt from the
Administrative Process Act in accordance with § 2.2-4002 A
2 of the Code of Virginia, which exempts courts, any agency of the
Supreme Court, and any agency that by the Constitution is expressly
granted any of the powers of a court of record.
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20VAC5-315.
Regulations Governing Net Energy Metering (amending 20VAC5-315-10, 20VAC5-315-20,
20VAC5-315-40, 20VAC5-315-50, 20VAC5-315-70).
A public
hearing will be held upon request. Written public comment may be submitted
until December 21, 2009.
Summary:
Pursuant
to Chapter 804 of the 2009 Acts of Assembly, § 56-594 of the Code
of Virginia was amended to (i) authorize utilities to elect a capacity
limit for participation by nonresidential customers in the net energy
metering program that exceeds the existing limit of 500 kW; (ii) permit
customers who are served on time-of-use tariffs that have electricity
supply demand charges contained within the electricity supply portion
of the time-of-use tariff to participate as customer-generators; and (iii)
provide that a participating customer-generator owns any renewable energy
certificate associated with its generation of electricity, and provides
for a one-time option to sell the certificates to its supplier at a rate
established by the State Corporation Commission, with the utility's costs
of acquiring the certificates recoverable under the Renewable Energy Portfolio
Standard rate adjustment clause or through the supplier's fuel adjustment
clause. The proposed amendments reflect the statutory increase of allowable
total capacity of net metering customers, permit certain time-of-use customers
to participate as customer-generators, and establish a mechanism for eligible
customer-generators to sell renewable energy certificates to their electric
distribution company at rates established by the State Corporation Commission.
For
more information please contact Kelli Gravely, Utility Analyst-Energy
Division, State Corporation Commission, Richmond, VA, telephone (804)
371-9765, FAX (804) 371-9350, or email kelli.gravely@scc.virginia.gov.
TITLE
22. SOCIAL SERVICES
STATE
BOARD OF SOCIAL SERVICES
22VAC40-200.
Foster Care - Guiding Principles (repealing 22VAC40-200-10, 22VAC40-200-20).
22VAC40-201. Permanency Services - Prevention, Foster Care, Adoption and
Independent Living (adding 22VAC40-201-10 through 22VAC40-201-200).
22VAC40-210.
Foster Care - Assessing the Client's Service Needs (repealing 22VAC40-210-10
through 22VAC40-210-40).
22VAC40-240. Nonagency Placement for Adoption - Consent (repealing 22VAC40-240-10,
22VAC40-240-20, 22VAC40-240-30).
22VAC40-250. Agency Placement Adoptions - AREVA (repealing 22VAC40-250-10,
22VAC40-250-20).
22VAC40-260. Agency Placement Adoptions - Subsidy (repealing 22VAC40-260-10,
22VAC40-260-20).
22VAC40-280. Nonagency Placements for Adoption - Adoptive Home Study (repealing
22VAC40-280-10, 22VAC40-280-20).
22VAC40-800. Family Based Social Services (repealing 22VAC40-800-10 through
22VAC40-800-170).
22VAC40-810. Fees for Court Services Provided by Local Departments of
Social Services (repealing 22VAC40-810-10 through 22VAC40-810-50).
A public
hearing will be held on December 15, 2009, at 6 p.m. at the Twin Hickory
Area Library, Glen Allen, VA. Written public comments may be submitted
until January 22, 2010.
Summary:
This
joint action repeals eight regulations and replaces them with one comprehensive
new Permanency Services regulation that will encompass the full range
of services for providing a child with a safe home with his family or
in the most familylike setting possible while maintaining family connections.
The regulation incorporates provisions including (i) how local departments
of social services (LDSS) address the provision of services to prevent
children from coming into foster care; (ii) the process for assessing
children entering foster care, establishing goals for those children,
engaging in concurrent planning, and ensuring children are in the most
appropriate and least restrictive placement; (iii) development of service
plans, service delivery, court hearings, and case reviews; (iv) provision
of independent living services, and closing of foster care cases; and
(v) adoption processes, adoption assistance, and the putative father
registry. In addition, the regulation requires LDSS workers and supervisors
to attend training in accordance with the Department of Social Services’
guidance.
For
more information please contact Phyl Parrish, Policy Team Leader, Department
of Social Services, Division of Family Services, Richmond, VA, telephone
(804) 726-7926, FAX (804) 726-7895, TTY 1-800-828-1120, or email phyl.parrish@dss.virginia.gov.
Division
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