NOTICES OF INTENDED REGULATORY ACTION
Vol. 40 Iss. 16 - March 25, 2024

TITLE 1. ADMINISTRATION
Organization and Regulations of Procedure
Notice of Intended Regulatory Action

TITLE 1. ADMINISTRATION

COMMISSION ON LOCAL GOVERNMENT

Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Commission on Local Government intends to consider amending 1VAC50-20, Organization and Regulations of Procedure. The purpose of the proposed action is to make a general review of the regulation in accordance with Executive Directive One (2022). The regulation governs the procedures and rules for proceedings, such as boundary line adjustments, annexation, and reversion, that come before the commission. The review will consider amending the regulation to remove overly burdensome or obsolete requirements.

The agency does not intend to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: § 15.2-2903 of the Code of Virginia.

Public Comment Deadline: April 24, 2024.

Agency Contact: LeGrand Northcutt, Senior Policy Analyst, Department of Housing and Community Development, Main Street Center, 600 East Main Street, Richmond, VA 23219, telephone (804) 310-7151, FAX (804) 371-7090, or email legrand.northcutt@dhcd.virginia.gov.

VA.R. Doc. No. R24-7771; Filed February 29, 2024
TITLE 2. AGRICULTURE
Regulations Governing Licensing of Pesticide Businesses Operating under Authority of the Virginia Pesticide Control Act
Notice of Intended Regulatory Action

TITLE 2. AGRICULTURE

BOARD OF AGRICULTURE AND CONSUMER SERVICES

Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board of Agriculture and Consumer Services intends to consider amending 2VAC5-680, Regulations Governing Licensing of Pesticide Businesses Operating under Authority of the Virginia Pesticide Control Act and 2VAC5-685, Regulations Governing Pesticide Applicator Certification under Authority of Virginia Pesticide Control Act. The purpose of the proposed action is to conform the regulations to the U.S. Environmental Protection Agency (EPA) 2017 Certification of Pesticide Applicators rule. This federal rule sets forth the minimum requirements for applicators who apply restricted use pesticides, including both commercial and private pesticide applicators. EPA's 2017 revisions to the federal rule were designed to enhance the competencies of pesticide applicators. The amendments are necessary for Virginia to retain its authority to certify pesticide applicators. The primary areas of change include amending (i) applicator competency standards for certification and recertification; (ii) minimum age for certified applicators and persons working under the direct supervision of a certified applicator; (iii) specialized certification categories for applicators using specific application methods, such as fumigation and aerial application; and (iv) recordkeeping for pesticide applicators and pesticide businesses.

The agency does not intend to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: § 3.2-3906 of the Code of Virginia.

Public Comment Deadline: April 24, 2024.

Agency Contact: Liza Fleeson Trossbach, Program Manager, Office of Pesticide Services, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone (804) 371-6559, FAX (804) 371-2283, TDD (800) 828-1120, or email liza.fleeson@vdacs.virginia.gov.

VA.R. Doc. No. R24-7814; Filed March 01, 2024
TITLE 2. AGRICULTURE
Regulations Governing Pesticide Applicator Certification under Authority of Virginia Pesticide Control Act
Notice of Intended Regulatory Action

TITLE 2. AGRICULTURE

BOARD OF AGRICULTURE AND CONSUMER SERVICES

Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board of Agriculture and Consumer Services intends to consider amending 2VAC5-680, Regulations Governing Licensing of Pesticide Businesses Operating under Authority of the Virginia Pesticide Control Act and 2VAC5-685, Regulations Governing Pesticide Applicator Certification under Authority of Virginia Pesticide Control Act. The purpose of the proposed action is to conform the regulations to the U.S. Environmental Protection Agency (EPA) 2017 Certification of Pesticide Applicators rule. This federal rule sets forth the minimum requirements for applicators who apply restricted use pesticides, including both commercial and private pesticide applicators. EPA's 2017 revisions to the federal rule were designed to enhance the competencies of pesticide applicators. The amendments are necessary for Virginia to retain its authority to certify pesticide applicators. The primary areas of change include amending (i) applicator competency standards for certification and recertification; (ii) minimum age for certified applicators and persons working under the direct supervision of a certified applicator; (iii) specialized certification categories for applicators using specific application methods, such as fumigation and aerial application; and (iv) recordkeeping for pesticide applicators and pesticide businesses.

The agency does not intend to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: § 3.2-3906 of the Code of Virginia.

Public Comment Deadline: April 24, 2024.

Agency Contact: Liza Fleeson Trossbach, Program Manager, Office of Pesticide Services, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone (804) 371-6559, FAX (804) 371-2283, TDD (800) 828-1120, or email liza.fleeson@vdacs.virginia.gov.

VA.R. Doc. No. R24-7814; Filed March 01, 2024
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Condominium Regulations
Notice of Intended Regulatory Action

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

COMMON INTEREST COMMUNITY BOARD

Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Common Interest Community Board intends to consider amending 18VAC48-30, Condominium Regulations. The purpose of the proposed action is to undertake a general review of the regulation in accordance with the regulatory reduction goal of Executive Directive Number One (2022). The regulation implements the requirements of the Virginia Condominium Act (§ 55.1-1900 et seq. of the Code of Virginia) regulating the offering and disposition of condominium units in Virginia. The regulation contains the requirements for registration of condominiums, including requirements for public offering statements and posting of required bonds or letters of credit. The regulation also provides for requirements for maintenance of a condominium registration, including filing and reporting requirements. The goals of the action include (i) reviewing discretionary requirements imposed on regulated parties to determine whether such requirements impose burdens that are not necessary to protect the public health, safety, and welfare or are not necessary to effectively administer the licensure program; (ii) ensuring the regulation conforms to current Virginia law and meets applicable federal requirements, is organized, clear, and understandable, and provides minimal burdens on regulants while still protecting the public; and (iii) ensuring the regulation reflects current Department of Professional and Occupational Regulation procedures and policies, along with any other changes determined to be necessary and appropriate.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: § 54.1-2349 of the Code of Virginia.

Public Comment Deadline: April 24, 2024.

Agency Contact: Anika Coleman, Executive Director, Common Interest Community Board, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8510, FAX (866) 490-2723, or email cic@dpor.virginia.gov.

VA.R. Doc. No. R24-7727; Filed March 06, 2024
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Time-Share Regulations
Notice of Intended Regulatory Action

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

COMMON INTEREST COMMUNITY BOARD

Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Common Interest Community Board intends to consider amending 18VAC48-45, Time-Share Regulations. The purpose of the proposed action is to undertake a general review of the regulation in accordance with the regulatory reduction goal of Executive Directive Number One (2022). The regulation implements the requirements of the Virginia Real Estate Time-Share Act (§ 55.1-2200 et seq. of the Code of Virginia) regulating the offering and disposition of time-shares in Virginia. The goals of the action include (i) reviewing discretionary requirements imposed on regulated parties to determine whether such requirements impose burdens that are not necessary to protect the public health, safety, and welfare or are not necessary to effectively administer the licensure program; (ii) ensuring the regulation conforms to current Virginia law and meets applicable federal requirements, is organized, clear, and understandable, and provides minimal burdens on regulants while still protecting the public; and (iii) ensuring the regulation reflects current Department of Professional and Occupational Regulation procedures and policies, along with any other changes determined to be necessary and appropriate.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: §§ 54.1-2349 and 55.1-2247 of the Code of Virginia.

Public Comment Deadline: April 24, 2024.

Agency Contact: Anika Coleman, Executive Director, Common Interest Community Board, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8510, FAX (866) 490-2723, or email cic@dpor.virginia.gov.

VA.R. Doc. No. R24-7728; Filed March 06, 2024