TITLE 2. AGRICULTURE

BOARD OF AGRICULTURE AND CONSUMER SERVICES

Fast-Track Regulation

Title of Regulation: 2VAC5-205. Rules and Regulations Pertaining to Shooting Enclosures (repealing 2VAC5-205-10 through 2VAC5-205-110).

Statutory Authority: § 3.2-6039 of the Code of Virginia.

Public Hearing Information: No public hearing is currently scheduled.

Public Comment Deadline: July 31, 2024.

Effective Date: August 15, 2024.

Agency Contact: Carolynn Bissett, Program Manager, Office of Veterinary Services, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone (804) 786-4560, FAX (804) 371-2380, TDD (800) 828-1120, or email carolynn.bissett@vdacs.virginia.gov.

Basis: Section 3.2-109 of the Code of Virginia establishes the board as a policy board. Section 3.2-6039 of the Code of Virginia directs the board to adopt regulations to carry out the provisions of Article 4 (§ 3.2-6035 et seq.) of Chapter 60 of Title 3.2 of the Code of Virginia pertaining to shooting enclosures. Section 3.2-6039 of the Code of Virginia directs the board to adopt regulations relating to the requirements for operating a shooting enclosure in Virginia and requires the board to establish specific criteria relating to the specific species of goats, sheep, or hogs that may be held within a shooting enclosure, as well as their health and care requirements.

Purpose: Section 3.2-6036 of the Code of Virginia directs the Virginia Department of Agriculture and Consumer Services (VDACS) to issue a license for shooting enclosures only to those enclosures that were in operation on or before January 1, 1995. The last remaining shooting enclosure in the Commonwealth failed to renew its registration and permanently closed in 2017. As there are no longer any shooting enclosures in operation in Virginia and VDACS does not have statutory authority to issue a shooting enclosure license to a new enclosure, this action proposes to repeal the regulation.

Rationale for Using Fast-Track Rulemaking Process: There are no longer any shooting enclosures in operation in Virginia, and VDACS does not have statutory authority to issue a shooting enclosure license to a new enclosure. The agency anticipates this regulatory action will be noncontroversial as the regulation is no longer used or needed.

Substance: The proposed regulatory action will repeal the entire regulation.

Issues: As shooting enclosures are no longer legally permissible and the last shooting enclosure has ceased operations, the repeal of this regulation provides no advantage or disadvantage to the public. There is an advantage to the agency to repeal this regulation, as it will no longer need to maintain or review this unused regulatory text. The repeal of this regulation does not disadvantage the agency.

Department of Planning and Budget's Economic Impact Analysis:

The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Code of Virginia and Executive Order 19. The analysis presented represents DPB's best estimate of the potential economic impacts as of the date of this analysis.¹

Summary of the Proposed Amendments to Regulation. As a result of a 2022 periodic review,² the Board of Agriculture and Consumer Services (board) proposes to repeal this regulation, which pertains to shooting enclosures, as no shooting enclosures currently operate in Virginia and the Department of Agriculture and Consumer Services no longer has the statutory authority to issue licenses for new shooting enclosures.

Background. This regulation, Rules and Regulations Pertaining to Shooting Enclosures (2VAC5-205), was originally promulgated in 1998 as a result of a 1995 legislative mandate.³ Specifically, this regulation implements what are now §§ 3.2-6036 and 3.2-6039 of the Code of Virginia.⁴ § 3.2-6036 of the Code of Virginia directs the agency to issue licenses for shooting enclosures, specifying that licenses may only be issued to shooting enclosures that were in operation on or before January 1, 1995; § 3.2-6039 of the Code of Virginia directs the agency to adopt regulations relating to the requirements for operating a shooting enclosure in Virginia.⁵ The agency reports that the last licensed shooting enclosure permanently closed in 2017 and the regulation is no longer necessary since no new shooting enclosures can be licensed.⁶

Estimated Benefits and Costs. Repealing this regulation would largely serve to keep the Virginia Administrative Code up to date. The proposed change would not generate any costs or benefits as no licensed shooting enclosures are currently operating in Virginia and no new shooting enclosures can legally obtain licensure.

Businesses and Other Entities Affected. As mentioned previously, the last licensed shooting enclosure closed permanently in 2017 and statute prohibits any new businesses from obtaining a license under this regulation. An adverse impact is indicated if there is any increase in net cost or reduction in net benefit for any entity, even if the benefits exceed the costs for all entities combined.⁷ Repealing this regulation would not generate any increase in net cost or reduction in net benefit. Thus, an adverse impact is not indicated.

Small Businesses⁸ Affected.⁹ The proposed amendments would not adversely affect small businesses.

Localities¹⁰ Affected.¹¹ The proposed amendments neither disproportionally affect any particular localities, nor affect costs for local governments.

Projected Impact on Employment. The proposed regulation would not affect total employment.

Effects on the Use and Value of Private Property. The proposed amendments do not appear to affect the value of private property. Real estate development costs would not be affected.

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¹Section 2.2-4007.04 of the Code of Virginia requires that such economic impact analyses determine the public benefits and costs of the proposed amendments. Further the analysis should include but not be limited to: (1) the projected number of businesses or other entities to whom the proposed regulatory action would apply, (2) the identity of any localities and types of businesses or other entities particularly affected, (3) the projected number of persons and employment positions to be affected, (4) the projected costs to affected businesses or entities to implement or comply with the regulation, and (5) the impact on the use and value of private property.

² See https://townhall.virginia.gov/l/ViewPReview.cfm?PRid=2113.

³ See Chapter 822 of the 1995 Acts of Assembly at https://lis.virginia.gov/cgi-bin/legp604.exe?951+ful+CHAP0822.

⁴ These sections were recodified in 2008; see https://lis.virginia.gov/cgi-bin/legp604.exe?081+sum+HB1331.

⁵ See https://law.lis.virginia.gov/vacode/title3.2/chapter60/section3.2-6036/ and https://law.lis.virginia.gov/vacode/title3.2/chapter60/section3.2-6039/ respectively.

⁶ See the Agency Background Document, page 1 at https://townhall.virginia.gov/l/GetFile.cfm?File=48\6233\9995\AgencyStatement_VDACS_9995_v1.pdf.

⁷ Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation. As a result, DPB has adopted a definition of adverse impact that assesses changes in net costs and benefits for each affected Virginia entity that directly results from discretionary changes to the regulation.

⁸ Pursuant to § 2.2-4007.04, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million."

⁹ If the proposed regulatory action may have an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include: (1) an identification and estimate of the number of small businesses subject to the proposed regulation, (2) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the proposed regulation, including the type of professional skills necessary for preparing required reports and other documents, (3) a statement of the probable effect of the proposed regulation on affected small businesses, and (4) a description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed regulation. Additionally, pursuant to § 2.2-4007.1 of the Code of Virginia, if there is a finding that a proposed regulation may have an adverse impact on small business, the Joint Commission on Administrative Rules shall be notified.

¹⁰ "Locality" can refer to either local governments or the locations in the Commonwealth where the activities relevant to the regulatory change are most likely to occur.

¹¹ Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

Agency's Response to Economic Impact Analysis: The Board of Agriculture and Consumer Services concurs with the economic impact analysis prepared by the Department of Planning and Budget.

Summary:

As result of a periodic review of the regulation, the amendments repeal 2VAC5-205, Rules and Regulations Pertaining to Shooting Enclosures.