Title of Regulation: 12VAC5-615. Authorized Onsite Soil Evaluator Regulations (repealing 12VAC5-615-10 through 12VAC5-615-470).

Statutory Authority: §§ 32.1-163.5 and 32.1-164 of the Code of Virginia.

Public Hearing Information: No public hearings are scheduled.

Public Comment Deadline: November 16, 2018.

Agency Contact: Allen Knapp, Director, Office of Environmental Health Services, Virginia Department of Health, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7558, FAX (804) 864-7475, or email allen.knapp@vdh.virginia.gov.

Basis: The State Board of Health does not have a statutory mandate to establish a program for authorized onsite soil evaluators (AOSEs) because of the amendments to the Code of Virginia pursuant to Chapter 892 of the 2007 Acts of Assembly. The board still has legislative authority to accept and review evaluations and designs from licensed onsite soil evaluators pursuant to §§ 32.1-163, 32.1-163.5, 32.1-163.6, and 32.1-164 of the Code of Virginia.

Purpose: The health, safety, and welfare of citizens will not be affected by repeal of the Authorized Onsite Soil Evaluators Regulations, which were promulgated July 1, 2002. Chapter 892 rescinded certificate requirements administered by the Virginia Department of Health (VDH) and directed the Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals to promulgate regulations for persons seeking a license as an onsite soil evaluator. The legislation obviates the need for the State Board of Health to administer a certificate program for AOSEs, and the Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals adopted regulations for onsite soil evaluators (18VAC160-20).

The VDH AOSE regulations unnecessarily establish a certificate program for qualifying individuals as AOSEs, including conflict of interest requirements. Documentation requirements in the VDH regulations for reports and designs are now contained in VDH policies that implement other regulations (e.g., 12VAC5-610, 12VAC5-613, 12VAC5-640, and 12VAC5-630). Processing time limits and definitions have been established in the Code of Virginia and agency policies, which further render the VDH AOSE regulations unnecessary.

Substance: All requirements in 12VAC5-615 are repealed.

Issues: The primary advantage to the public and the Commonwealth will be to remove unnecessary regulations that are not being implemented by VDH. Repealing the regulation will prevent confusion. There are no disadvantages to the public or the Commonwealth.

Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. As a result of action by the Virginia General Assembly, the Board of Health (Board) proposes to repeal this regulation.

Result of Analysis. The benefits exceed the costs for all proposed changes.

Estimated Economic Impact. Chapter 892, 2007 Virginia Acts of Assembly¹ transferred implementation, administration, and enforcement of licensing requirements for onsite soil evaluators from the Virginia Department of Health (VDH) to the Department of Professional and Occupational Regulation with administration by the Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals. The Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals promulgated regulations for onsite soil evaluators on July 1, 2009 (18VAC160-20). House Bill 3134 abrogated the Board's authority to license Authorized Onsite Soil Evaluators (AOSEs); and while Title 32.1 of the Code of Virginia contains other references to the Board's regulation of AOSEs, VDH has successfully implemented those statutory provisions independent of 12VAC5-615. Thus, the proposed repeal of this regulation will have no impact beyond potentially reducing confusion as toward the licensure rules for AOSEs in effect.

Businesses and Entities Affected. As mentioned above, the proposed repeal of this regulation will have no impact beyond potentially reducing confusion as toward the licensure rules for onsite soil evaluators in effect. Firms involved in onsite soil evaluation would be most interested in the rules. The Department of Professional and Occupational Regulation currently licenses 388 onsite soil evaluators.²

Localities Particularly Affected. The proposed repeal of the regulation does not disproportionately affect particular localities.

Projected Impact on Employment. The proposed repeal of the regulation does not affect employment.

Effects on the Use and Value of Private Property. The proposed repeal of the regulation does not affect the use and value of private property.

Real Estate Development Costs. The proposed repeal of the regulation does not affect real estate development costs.

Small Businesses:

Definition. Pursuant to § 2.2-4007.04 of the Code of Virginia, 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."

Costs and Other Effects. The proposed repeal of the regulation does not affect small businesses.

Alternative Method that Minimizes Adverse Impact. The proposed repeal of the regulation does not affect small businesses.

Adverse Impacts:

Businesses. The proposed repeal of the regulation will not adversely affect businesses.

Localities. The proposed repeal of the regulation will not adversely affect localities.

Other Entities. The proposed repeal of the regulation will not adversely affect other entities.

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¹To view the text of this legislation, see http://leg1.state.va.us/cgi-bin/legp504.exe?071+ful+CHAP0892

²Data source: Department of Professional and Occupational Regulation

Agency's Response to Economic Impact Analysis: The Virginia Department of Health concurs with the Department of Planning and Budget's economic impact analysis. The benefits of repealing the regulations likely exceed the costs for all of the proposed changes.

Summary:

Chapter 892 of the 2007 Acts of Assembly transferred implementation, administration, and enforcement of licensing requirements for authorized onsite soil evaluators from the Virginia Department of Health (VDH) to the Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals, which promulgated regulations for onsite soil evaluators on July 1, 2009 (18VAC160-20). VDH successfully implemented statutory provisions for reports and designs independent of 12VAC5-615, making the chapter no longer necessary. The proposed action repeals 12VAC5-615.