TITLE 1. ADMINISTRATION
DEPARTMENT OF GENERAL SERVICES
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of General Services conducted a periodic review and a small business impact review of 1VAC30-11, Public Participation Guidelines, and determined that this regulation should be amended. The department is publishing its report of findings dated January 6, 2022, to support this decision.
This regulatory change is necessary for the Department of General Services (DGS) to comply with § 2.2- 4007.02 B of the Administrative Process Act that requires of an agency, "pursuant to its public participation guidelines shall afford interested persons an opportunity to…be accompanied by and represented by counsel or other representative" when an agency formulates a regulation. This regulatory change is essential to protect the health, safety, or welfare of citizens by requiring the department to provide an opportunity for the public to be represented by counsel or other representatives when the department promulgates a regulatory action.
DGS will amend this regulation to conform with 1VAC30-11, Public Participation Guidelines to Chapter 795 of the 2012 Acts of Assembly, which amended § 2.2-4007.02 B on public participation guidelines. The regulation has no impact on small business.
Contact Information: Rhonda Bishton, Director's Executive Administrative Assistant, Department of General Services, 1100 Bank Street, Suite 420, Richmond, VA 23219, telephone (804) 786-3311.
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TITLE 6. CRIMINAL JUSTICE AND CORRECTIONS
CRIMINAL JUSTICE SERVICES BOARD
Report of Findings
Pursuant to Executive Order 14 (as amended July 16, 2018) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the following regulation is undergoing a periodic review and a small business impact review: 6VAC20-230, Regulations Relating to Special Conservator of the Peace.
The Notice of Intended Regulatory Action to amend 6VAC20-230, which is published in this issue of the Virginia Register, serves as the agency notice of the review.
Public comment period begins January 31, 2022, and ends March 2, 2022.
Contact Information: Kristi Shalton, Law Enforcement Program Coordinator, Department of Criminal Justice Services, 1100 Bank Street, Richmond, VA 23219, telephone (804) 786-7801, or email kristi.shalton@dcjs.virginia.gov.
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TITLE 9. ENVIRONMENT
DEPARTMENT OF ENVIRONMENTAL QUALITY
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Environmental Quality conducted a periodic review and a small business impact review of 9VAC15-30, Regulations for the Certification of Recycling Machinery and Equipment for Local Tax Exemption Purposes, and determined that this regulation should be retained as is. The department is publishing its report of findings dated January 3, 2022, to support this decision.
Section 58.1-3661 of the Code of Virginia specifies that recycling machinery and equipment certified by the Department of Environmental Quality may be eligible for a local property tax exemption. Section 58.1-3661 of the Code of Virginia allows the governing body of any county, city, or town to exempt or partially exempt qualifying machinery or equipment from local taxation. This regulation promulgated by the Department of Environmental Quality establishes the procedure and rules for the certification to avoid confusion concerning equipment that is eligible for reduced tax rates. The regulation has been effective in protecting public health and welfare with the least possible cost and intrusiveness to the citizens and businesses of the Commonwealth, ensuring that certified recycling equipment is eligible for reduced tax rates.
The department has determined that the regulation is clearly written and easily understandable by the individuals and entities affected. It is written so as to permit only one reasonable interpretation, is written to adequately identify the affected entity, and, insofar as possible, is written in nontechnical language.
This regulation satisfies the provisions of state law and is effective in meeting its goals; therefore, the regulation is being retained without amendment. This regulation continues to be needed. It provides recycling facilities with criteria concerning equipment that is eligible for reduced tax rates. No complaints or comments were received concerning the regulation from the public during the comment period. The regulation's level of complexity is appropriate to ensure that the regulated entities are able to provide the necessary information for the department to review recycling equipment and certify it is eligible for reduced tax rates. This regulation does not overlap, duplicate, or conflict with any state law or other state regulation. This regulation provides a means for persons (businesses) to claim a unique tax exemption for costs incurred for recycling equipment. This regulation was last reviewed in 2017. Technology, economic conditions, and other factors have not changed in ways that would make this regulation less efficient and cost-effective in terms of protecting human health and the environment or meeting legal mandates.
The department, through examination of the regulation, has determined that the regulatory requirements currently minimize the economic impact of this regulation on small businesses and thereby minimize the impact on existing and potential Virginia employers and those employers' ability to maintain and increase the number of jobs in the Commonwealth. If a small business purchases eligible recycling equipment, that business's tax rates assessed by the governing body of any county, city, or town may be reduced.
Contact Information: Melissa Porterfield, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4238.
VIRGINIA WASTE MANAGEMENT BOARD
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Virginia Waste Management Board conducted a periodic review and a small business impact review of 9VAC20-120, Regulated Medical Waste Management Regulations, and determined that this regulation should be amended.
The proposed regulatory action to repeal 9VAC20-120 and replace it with newly promulgated 9VAC20-121, which is published in this issue of the Virginia Register, serves as the report of findings.
Contact Information: Priscilla D. Rohrer, Guidance and Regulation Coordinator, Department of Environmental Quality, P.O. Box 3000, Harrisonburg, VA 22801, telephone (540) 574-7852, FAX (804) 698-4178, or email priscilla.rohrer@deq.virginia.gov.
STATE WATER CONTROL BOARD
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Water Control Board conducted a periodic review and a small business impact review of 9VAC25-880, General VPDES Permit for Discharges of Stormwater from Construction Activities, and determined that this regulation should be amended. The department is publishing its report of findings dated October 26, 2021, to support this decision.
This regulation continues to be needed. This regulation is necessary for the protection of public health, safety, and welfare. The regulation is clearly written and easily understandable. The general permit is scheduled to expire on June 30, 2024. This regulation will be amended to reissue the general permit.
The general permit regulates stormwater discharges from construction activities. The term "construction activity" is defined in 9VAC25-870-10 as "…any clearing, grading or excavation associated with large construction activity or associated with small construction activity." This general permit authorizes discharges of stormwater from regulated construction activities to surface waters within the boundaries of the Commonwealth of Virginia and includes enhanced criteria for impaired and exceptional waters. Construction activities that disturb one acre or greater or less than one acre but part of a common plan of development are required to obtain coverage under this general permit prior to commencing land disturbing activities. If this regulation were repealed, individual permits would be required to conduct these activities.
No public comments were received during the periodic review. This regulation establishes procedures for obtaining coverage under this general permit, and portions of the regulation may be viewed as complex due to the technical requirements included in the regulation. This regulation is clearly written and easily understandable. The regulation does not overlap, duplicate, or conflict with federal or state law or regulation as the State Water Control Board is the delegated authority to regulate point source discharges to surface water. The State Water Control Board last reissued this regulation in 2019. This regulation is evaluated and necessary changes are made to the regulation when the permit is reissued.
The reissuance of the general VPDES permit accomplishes the objectives of applicable law, minimizes the costs to a small business owner and simplifies the application process. Without the general permit, a small business owner would be required to obtain an individual permit, which would increase the complexity of a permit application and the costs to obtain permit coverage.
Contact Information: Melissa Porterfield, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4238.
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TITLE 12. HEALTH
STATE BOARD OF HEALTH
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Health conducted a periodic review and a small business impact review of 12VAC5-600, Waterworks Operation Fee, and determined that this regulation should be amended.
The Notice of Intended Regulatory Action to amend 12VAC5-600, which is published in this issue of the Virginia Register, serves as the report of findings.
Contact Information: Nelson Daniel, Policy and Program Director, Office of Drinking Water, Virginia Department of Health, 109 Governor Street, 6th Floor, Richmond, VA 23219, telephone (804) 864-7210, FAX (804) 864-7521, or email nelson.daniel@vdh.virginia.gov.
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TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD OF COUNSELING
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board of Counseling conducted a periodic review and a small business impact review of 18VAC115-20, Regulations Governing the Practice of Professional Counseling; 18VAC115-50, Regulations Governing the Practice of Marriage and Family Therapy; and 18VAC115-60, Regulations Governing the Practice of Licensed Substance Abuse Treatment Practitioners, and determined that these regulations should be amended.
The proposed regulatory action to amend 18VAC115-20, 18VAC115-50, and 18VAC115-60, which is published in this issue of the Virginia Register, serves as the report of findings.
Contact Information: Jaime Hoyle, Executive Director, Board of Counseling, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4406, FAX (804) 527-4435, or email jaime.hoyle@dhp.virginia.gov.
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TITLE 22. SOCIAL SERVICES
DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department for Aging and Rehabilitative Services conducted a periodic review and a small business impact review of 22VAC30-70, The Virginia Public Guardian and Conservator Program, and determined that this regulation should be amended.
The Notice of Intended Regulatory Action to amend 22VAC30-70, which is published in this issue of the Virginia Register, serves as the report of findings.
Contact Information: Charlotte Arbogast, Policy Advisor, Department for Aging and Rehabilitative Services, 8004 Franklin Farms Drive, Richmond, VA 23229, telephone (804) 662-7093, FAX (804) 662-7663, TDD (800) 464-9950, or email charlotte.arbogast@dars.virginia.gov.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department for Aging and Rehabilitative Services conducted a periodic review and a small business impact review of 22VAC30-120, Adult Services Approved Providers, and determined that this regulation should be amended.
The proposed regulatory action to amend 22VAC30-120, which is published in this issue of the Virginia Register, serves as the report of findings.
Contact Information: Paige L. McCleary, Adult Services Program Consultant, Department for Aging and Rehabilitative Services, 8004 Franklin Farms Drive, Richmond, VA 23229, telephone (804) 662-7605, or email paige.mccleary@dars.virginia.gov.
STATE BOARD OF SOCIAL SERVICES
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Social Services conducted a periodic review and a small business impact review of 22VAC40-901, Community Services Block Grant Program, and determined that this regulation should be amended.
The fast-track regulatory action to amend 22VAC40-901, which is published in this issue of the Virginia Register, serves as the report of findings.
Contact Information: Matt Fitzgerald, Community Service Program Manager, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 726-7088, FAX (800) 726-7088, or email matt.fitzgerald@dss.virgnia.gov.
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TITLE 24. TRANSPORTATION AND MOTOR VEHICLES
COMMONWEALTH TRANSPORTATION BOARD
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Commonwealth Transportation Board conducted a periodic review and a small business impact review of 24VAC30-451, Airport Access Fund Policy, and determined that this regulation should be repealed.
The final regulatory action to repeal 24VAC30-451, which is published in this issue of the Virginia Register, serves as the report of findings.
Contact Information: Jo Anne P. Maxwell, Regulator Coordinator, Policy Division, Department of Transportation, 1401 East Broad Street, 11th Floor, Richmond, VA 23219, telephone (804) 786-1830, FAX (804) 225-4700, or email joanne.maxwell@vdot.virginia.gov.