Regulatory Alert
A Convenient Guide to Regulatory
Activity in the Commonwealth
June, 2008
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 http://legis.state.va.us/codecomm/register/issfiles.htm
or contact epalen@leg.state.va.us
or the Code Commission staff at (804) 786-3591 for further information.
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TITLE 8. EDUCATION
STATE
BOARD OF EDUCATION
Proposed
Regulation
8VAC20-40. Regulations Governing Educational Services for Gifted Students
(amending 8VAC20-40-10, 8VAC20-40-20, 8VAC20-40-40, 8VAC20-40-60; adding
8VAC20-40-55; repealing 8VAC20-40-30, 8VAC20-40-50, 8VAC20-40-70).
Public hearings will
be held September 25, 2008 at 11 a.m. in the James Monroe Building, Richmond,
VA; September 22, 2008 at 7 p.m. at Marshall High School, Falls Church,
VA; September 22, 2008 at 7 p.m. at Oscar F. Smith High School, Chesapeake,
VA; and September 23, 2008 at 7 p.m. at Radford High School, Radford,
VA.
Written public comments
may be submitted until 5 p.m. on September 26, 2008.
The proposed
amendments (i) eliminate the requirement that school divisions submit
their plan for the education of gifted students to the Department of
Education for approval, (ii) require that school divisions post their
plan for the education of gifted students on their websites and have
printed copies of the plan available for citizens who do not have online
access, (iii) require that the identification and placement committee
determine the eligibility status of each student referred for the division’s
gifted education program and notify the parent or guardian of its decision
within 60 business days of the receipt of the referral, (iv) require
that requests filed by parents or legal guardians to appeal any action
of the identification and placement committee shall be filed within
10 business days of receipt of notification of the action by the division,
(v) reduce the minimum number of criteria used for the identification
of gifted students from four to three, (vi) explicitly require that
gifted services include English, history and social science in place
of the current vague requirement for gifted services in humanities,
(vii) clarify that the appropriately differentiated curriculum and instruction
for gifted students be provided "continuously and sequentially,"
and (viii) require that school divisions provide professional development
for instructional personnel who deliver services within the gifted education
program based on the competencies specified for the gifted education
add-on endorsement.
For more information,
please contact Dr. Margaret N. Roberts, Office of Policy & Communications,
Department of Education, Richmond, VA, (804) 225-2540, or email argaret.roberts@doe.virginia.gov.
Proposed
Regulation
8VAC20-80. Regulations Governing Special Education Programs for Children
with Disabilities in Virginia (repealing 8VAC20-80-10 through 8VAC20-80-190).
8VAC20-81.
Regulations Governing Special Education Programs for Children with Disabilities
in Virginia (adding 8VAC20-81-10 through 8VAC20-81-340).
Written public comment
may be submitted to the Department of Education until 5 p.m. on June 30,
2008.
The proposed
action makes substantive changes to the Regulations Governing Special
Education Programs for Children with Disabilities in Virginia. In a
concurrent action, the Board of Education proposes to repeal the text
of the current regulations (8VAC20-80) and promulgate new regulations
(8VAC20-81). Substantive new changes are proposed for the following
areas: (i) functions of the Virginia Department of Education (VDOE);
(ii) referral for evaluation; (iii) eligibility determinations; (iv)
the development, review and revision of a student’s individualized
education program (IEP); (v) parentally placed private school students;
(vi) discipline; (vii) procedural safeguards, including the appointment
of surrogate parents and dispute resolution; (viii) local educational
agency administration and governance; (ix) funding; and (x) the requirements
regarding highly qualified personnel.
For more information,
please contact Melissa Smith, Coordinator of Administrative Services,
Department of Education, Richmond, VA, (804) 371-0524, or email melissa.smith@doe.virginia.gov.
Proposed
Regulation
8VAC20-280. Jointly Owned and Operated Schools and Jointly Operated
Programs (repealing 8VAC20-280-10, 8VAC20-280-20).
8VAC20-281.
Regulations Governing Jointly Owned and Operated Schools and Jointly Operated
Programs (adding 8VAC20-281-10, 8VAC20-281-20).
A public hearing
will be held on July 17, 2008, at 11 a.m. in the James Monroe Building,
Richmond, VA.
Written public comments
may be submitted until 5 p.m. on August 25, 2008.
The Regulations
Governing Jointly Owned and Operated Schools and Jointly Operated Programs
were adopted on or before September 1, 1980. These regulations have
not been amended since then and do not address changes made in these
programs since that time. Joint schools include academic-year Governor’s
schools, alternative education centers, career and technical centers,
and special education centers. In a concurrent action, the Board of
Education proposes to repeal the text of the current regulations (8VAC20-280)
and promulgate new regulations (8VAC20-281).
Significant
changes are made in the proposed regulations. The first section of the
regulations has been deleted because it is primarily aspirational; the
second section has been reorganized, revised, and streamlined; and a
definitions section has been added for clarity. The proposed regulations
also make membership requirements of the governing board of the joint
school less restrictive and, in response to Chapter 45 of the 2007 Acts
of Assembly, specify that the fiscal agent can be selected from any
of the treasurers of the participating localities.
For more information,
please contact Dr. Margaret N. Roberts, Office of Policy and Communications,
Department of Education, Richmond, VA, (804) 225-2540, or email margaret.roberts@doe.virginia.gov.
TITLE
9. ENVIRONMENT
STATE
WATER CONTROL BOARD
Proposed
Regulation
9VAC25-720. Water Quality Management Planning Regulation
(amending 9VAC25-720-50).
A public hearing
will be held June 26, 2008, at 7 p.m. at the Department of Environmental
Quality, Valley Regional Office, in Harrisonburg, Virginia. Written public
comment may be submitted to the Department of Environmental Quality until
5 p.m. on July 25, 2008.
The proposed
amendments provide increases for total nitrogen (TN) and total phosphorus
(TP) for two facilities:
1. Frederick-Winchester
S.A.-Opequon WRF VPDES #VA0065552).
2. Merck WWTP
(VPDES #VA0002178).
For more information,
please contact John M. Kennedy, Department of Environmental Quality, Richmond,
VA, (804) 698-4312, FAX (804) 698-4116, or email mkennedy@deq.virginia.gov.
Proposed
Regulation
| REGISTRAR'S
NOTICE: The following regulation filed by the State Water Control
Board is exempt from the Administrative Process Act in accordance
with §2.2-4006 A 9 of the Code of Virginia, which exempts general
permits issued by the State Water Control Board pursuant to the State
Water Control Law (§62.1-44.2 et seq.), Chapter 24 (§62.1-242
et seq.) of Title 62.1 and Chapter 25 (§62.1-254 et seq.) of
Title 62.1, if the board (i) provides a Notice of Intended Regulatory
Action in conformance with the provisions of §2.2-4007.01, (ii)
following the passage of 30 days from the publication of the Notice
of Intended Regulatory Action forms a technical advisory committee
composed of relevant stakeholders, including potentially affected
citizens groups, to assist in the development of the general permit,
(iii) provides notice and receives oral and written comment as provided
in §2.2-4007.03, and (iv) conducts at least one public hearing
on the proposed general permit. |
9VAC25-860.
General Virginia Pollutant Discharge Elimination System (VPDES) Permit
for Potable Water Treatment Plants (adding 9VAC25-860-10 through 9VAC25-860-70).
Written public comment
may be submitted to the Department of Environmental Quality until 5 p.m.
on July 11, 2008.
The proposed
regulation establishes appropriate and necessary permitting requirements
for discharge of wastewater from potable water treatment plants. The
proposed regulation sets forth standard language for effluent limitations
and monitoring requirements necessary to regulate this category of dischargers.
For more information,
please contact George E. Cosby, Department of Environmental Quality, Office
of Water Permits and Compliance Assistance, Richmond, VA, (804) 698-4067,
or email gecosby@deq.virginia.gov.
TITLE
12. HEALTH
STATE
BOARD OF HEALTH
Proposed
Regulation
12VAC5-490. Virginia Radiation Protection Regulations: Fee Schedule (adding
12VAC5-490-30, 12VAC5-490-40).
Written public comments
may be submitted until 5 p.m. on August 22, 2008.
The proposed
amendments establish a fee structure to support the radioactive materials
licensing and inspection program for those materials the U.S. Nuclear
Regulatory Commission intends to transfer to the Commonwealth by agreement.
For more information,
please contact Les Foldesi, Director, Bureau of Radiological Health, Department
of Health, Richmond, VA, telephone (804) 864-8151, or email les.foldesi@vdh.virginia.gov.
TITLE
24. TRANSPORTATION AND MOTOR VEHICLES
COMMONWEALTH
TRANSPORTATION BOARD
Proposed
Regulation
| REGISTRAR'S
NOTICE: Chapter 382 of the 2007 Acts of Assembly exempts the Commonwealth
Transportation Board from the Administrative Process Act (§2.2-4000
et seq.) for the purpose of promulgating the initial regulations establishing
secondary street acceptance requirements. The exemption does not apply
to subsequent regulations or amendments thereto promulgated by the
board. |
24VAC30-92.
Secondary Street Acceptance Requirements (adding 24VAC30-92-10 through
24VAC30-92-160).
Written public comment
may be submitted to the Office of the Secretary of Transportation until
June 30, 2008.
This regulation
sets forth the requirements applicable to all streets in the Commonwealth
that are designated to become part of the secondary system of state
highways, including procedures for approval and criteria used to consider
the acceptance of new streets for maintenance as part of the secondary
system. (Note: This regulation does not apply to the counties of Arlington
or Henrico, which maintain their own roads, but the pavement and right-of-way
widths may apply in the independent cities or towns with populations
greater than 3,500 pursuant to §33.1-41.1 of the Code of Virginia.)
Chapter 382
of the 2007 Acts of Assembly requires that the Commonwealth Transportation
Board include several provisions in the regulation. These mandatory
provisions are as follows:
1. Requirements
to ensure the connectivity of road and pedestrian networks with the
existing and future transportation network;
2. Provisions
to minimize stormwater runoff and impervious surface area; and
3. Provisions
for performance bonding of new secondary streets and associated cost
recovery fees.
For more information,
please contact Nicholas M. Donohue, Assistant Secretary of Transportation,
Office of Secretary of Transportation, Richmond, VA, (804) 786-8032, FAX
(804) 786-6683, or email nicholas.donohue@drpt.virginia.gov.
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