TITLE 9. ENVIRONMENT
STATE AIR POLLUTION CONTROL BOARD
Report of Findings
Pursuant to § 2.2-4007.1 of the Code of Virginia, the State Air Pollution Control Board conducted a small business impact review of 9VAC5-130, Regulation for Open Burning, and determined that this regulation should be retained in its current form. The State Air Pollution Control Board is publishing its report of findings dated December 2, 2019, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.
This regulation continues to be needed. It provides sources with the most cost-effective means of fulfilling ongoing state and federal requirements that protect air quality. There were no comments received that requested a change to the regulation. The regulation's level of complexity is appropriate to ensure that the regulated entity is able to meet its legal mandate as efficiently and cost-effectively as possible. This regulation does not overlap, duplicate, or conflict with any state law or other state regulation.
This regulation was last updated in 2012. Over time, it generally becomes less expensive to characterize, measure, and mitigate the regulated pollutants that contribute to poor air quality. This regulation continues to provide the most efficient and cost-effective means to determine the level and impact of excess emissions and to control those excess emissions.
The department, through examination of the regulation, has determined that the regulatory requirements currently minimize the economic impact of emission control regulations on small businesses and thereby minimize the impact on existing and potential Virginia employers and their ability to maintain and increase the number of jobs in the Commonwealth.
Contact Information: Gary Graham, Regulatory Analyst, Office of Regulatory Affairs, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4103, FAX (804) 698-4319, or email gary.graham@deq.virginia.gov.
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TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
COMMON INTEREST COMMUNITY BOARD
Report of Findings
Pursuant to § 2.2-4007.1 of the Code of Virginia, the Common Interest Community Board conducted a small business impact review of 18VAC48-10, Public Participation Guidelines, and determined that this regulation should be retained in its current form. The Common Interest Community Board is publishing its report of findings dated December 6, 2019, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.
Section 2.2-4007.02 of the Code of Virginia mandates that the agency solicit the input of interested parties in the formation and development of its regulations. Therefore, the continued need for the regulation is established in statute. The regulation is necessary to protect public health, safety, and welfare by establishing public participation guidelines that promote public involvement in the development, amendment, or repeal of an agency's regulation. By soliciting the input of interested parties, the agency is better equipped to effectively regulate an occupation or profession.
Since no complaints or comments were received during the public comment period, there does not appear to be a reason to amend or repeal the regulation. The regulation is clearly written and easily understandable. The regulation does not overlap, duplicate, or conflict with federal or state law or regulation.
The most recent periodic review of the regulation occurred in 2015. On December 5, 2019, the board discussed the regulation and for the reasons stated determined that the regulation should not be amended or repealed but retained in its current form.
Contact Information: Trisha Henshaw, 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.
Report of Findings
Pursuant to § 2.2-4007.1 of the Code of Virginia, the Common Interest Community Board conducted a small business impact review of 18VAC48-45, Time-Share Regulations, and determined that this regulation should be retained in its current form. The Common Interest Community Board is publishing its report of findings dated December 6, 2019, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.
Sections 54.1-2349 and 55.1-2247 of the Code of Virginia mandate that the Common Interest Community Board promulgate regulations. The continued need for the regulation is established in statute. Repeal of the regulation would remove the current public protections provided by the regulation.
The Common Interest Community Board provides protection to the public welfare of the citizens of the Commonwealth by ensuring full and accurate disclosure in the offering and disposition of time-share interests, time-share exchange programs, and alternative purchases and by establishing standards of conduct for time-share developers and time-share resellers.
Since no complaints or comments were received during the public comment period, there does not appear to be a reason to amend or repeal the regulation. The regulation is clearly written and easily understandable and does not overlap, duplicate, or conflict with federal or state law or regulation.
This regulation became effective on March 1, 2016, and this is the first periodic review of the regulation. On December 5, 2019, the board discussed the regulation and for the reasons stated determined through proper unanimous vote that the regulation should not be amended or repealed but retained in its current form.
Contact Information: Trisha Henshaw, 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.
Report of Findings
Pursuant to § 2.2-4007.1 of the Code of Virginia, the Common Interest Community Board conducted a small business impact review of 18VAC48-50, Common Interest Community Manager Regulations, and determined that this regulation should be retained in its current form. The Common Interest Community Board is publishing its report of findings dated December 16, 2019, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.
Section 54.1-2349 of the Code of Virginia mandates that the Common Interest Community Board promulgate regulations to carry out the duties imposed upon it by Chapter 23.3 (§ 54.1-2345 et seq.) of Title 54.1 of the Code of Virginia. The continued need for the regulation is established in statute. Repeal of the regulation would remove the current public protections provided by the regulation.
Common interest community associations do not appear to be small businesses as contemplated under § 2.2-4007.1 of the Code of Virginia. The Common Interest Community Board provides protection to the public welfare of the citizens of the Commonwealth by ensuring common interest community managers meet minimum standards for competence and integrity.
The regulation is clearly written and easily understandable and does not overlap, duplicate, or conflict with federal or state law or regulation. Based on the comment received during the public comment period, there does not appear to be a reason to repeal the regulation. There also does not appear to be a reason to amend the regulation at this time. However, the decision to retain a regulation in its current form does not prevent the board from conducting review or amendment of the regulation in the future.
The most recent periodic review of the regulation occurred in 2015. On December 5, 2019, the board discussed the regulation and for the reasons stated determined that the regulation should not be amended or repealed but retained in its current form.
Contact Information: Trisha Henshaw, 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.
Report of Findings
Pursuant to § 2.2-4007.1 of the Code of Virginia, the Common Interest Community Board conducted a small business impact review of 18VAC48-60, Common Interest Community Board Management Information Fund Regulations, and determined that this regulation should be retained in its current form. The Common Interest Community Board is publishing its report of findings dated December 6, 2019, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.
Sections 54.1-2349 and 54.1-2351 of the Code of Virginia mandate that the Common Interest Community Board promulgate regulations. The continued need for the regulation is established in statute. Repeal of the regulation would remove the current public protections provided by the regulation. The requirements for common interest associations to file annual reports with the board and make payments into the fund are established by statute.
Common Interest Community associations do not appear to be small businesses as contemplated under § 2.2-4007.1 of the Code of Virginia. Since no complaints or comments were received during the public comment period, there does not appear to be a reason to amend or repeal the regulation. The regulation is clearly written and easily understandable and does not overlap, duplicate, or conflict with federal or state law or regulation.
The most recent periodic review of the regulation occurred in 2015. On December 5, 2019, the board discussed the regulation and for the reasons stated determined that the regulation should not be amended or repealed but retained in its current form.
Contact Information: Trisha Henshaw, 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.
Report of Findings
Pursuant to § 2.2-4007.1 of the Code of Virginia, the Common Interest Community Board conducted a small business impact review of 18VAC48-70, Common Interest Community Ombudsman Regulations, and determined that this regulation should be retained in its current form. The Common Interest Community Board is publishing its report of findings dated December 16, 2019, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.
Sections 54.1-2349, 54.1-2351, and 54.1-2354.4 of the Code of Virginia mandate that the Common Interest Community Board promulgate regulations. Section 54.1-2354.4 specifically mandates that the board establish by regulation that common interest community associations establish procedures for the resolution of complaints. The continued need for the regulation is established in statute. Repeal of the regulation would remove the current public protections provided by the regulation.
Common interest community associations do not appear to be small businesses as contemplated under § 2.2-4007.1 of the Code of Virginia. The Common Interest Community Board provides protection to the public welfare of the citizens of the Commonwealth by ensuring common interest community associations establish procedures for the resolution of complaints from association members and other members of the public.
The regulation is clearly written and easily understandable and does not overlap, duplicate, or conflict with federal or state law or regulation. Based on the comment received during the public comment period, there does not appear to be a reason to repeal the regulation. There also does not appear to be a reason to amend the regulation at this time. However, the decision to retain a regulation in its current form does not prevent the board from conducting review or amendment of the regulation in the future.
The most recent periodic review of the regulation occurred in 2015. On December 5, 2019, the board discussed the regulation and for the reasons stated determined that the regulation should not be amended or repealed but retained in its current form.
Contact Information: Trisha Henshaw, 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.
FAIR HOUSING BOARD
Report of Findings
Pursuant to § 2.2-4007.1 of the Code of Virginia, the Fair Housing Board conducted a small business impact review of 18VAC62-10, Public Participation Guidelines, and determined that this regulation should be retained in its current form. The Fair Housing Board is publishing its report of findings dated December 4, 2019, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.
Section 2.2-4007.02 of the Code of Virginia mandates that the agency solicit the input of interested parties in the formation and development of its regulations. Therefore, the continued need for the regulation is established in statute. The regulation is necessary to protect public health, safety, and welfare by establishing public participation guidelines that promote public involvement in the development, amendment, or repeal of an agency's regulation. By soliciting the input of interested parties, the agency is better equipped to effectively regulate an occupation or profession.
No complaints or comments were received during the public comment period. The regulation is clearly written and easily understandable. The regulation does not overlap, duplicate, or conflict with federal or state law or regulation. The most recent periodic review of the regulation occurred in 2015. On December 4, 2019, the board discussed the regulation and for the reasons stated determined that the regulation should not be amended or repealed but retained in its current form.
Contact Information: Christine Martine, Executive Director, Fair Housing Board, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8552, FAX (866) 826-8863, or email fairhousing@dpor.virginia.gov.
Report of Findings
Pursuant to § 2.2-4007.1 of the Code of Virginia, the Fair Housing Board conducted a small business impact review of 18VAC62-20, Fair Housing Certification Regulations, and determined that this regulation should be retained in its current form. The Fair Housing Board is publishing its report of findings dated December 4, 2019, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.
Subdivision 5 of § 54.1-201 of the Code of Virginia mandates that the Fair Housing Board promulgate regulations. The continued need for the regulation is established in statute. Repeal of the regulation would remove the current public protections provided by the regulation. The Fair Housing Board provides protection to the safety and welfare of the citizens of the Commonwealth by ensuring that only those individuals who meet specific criteria set forth in the statutes and regulations are eligible to receive a fair housing certificate. The board is also tasked with ensuring that its regulants meet standards of practice that are set forth in the regulations.
No comments or complaints were received during the public comment period. The regulation is clearly written and easily understandable and does not overlap, duplicate, or conflict with federal or state law or regulation. The most recent periodic review of the regulation occurred in 2015. On December 4, 2019, the board discussed the regulation and for the reasons stated determined that the regulation should not be amended or repealed but retained in its current form.
Contact Information: Christine Martine, Executive Director, Fair Housing Board, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8552, FAX (866) 826-8863, or email fairhousing@dpor.virginia.gov.
BOARD FOR WATERWORKS AND WASTEWATER WORKS OPERATORS AND ONSITE SEWAGE SYSTEM PROFESSIONALS
Report of Findings
Pursuant to § 2.2-4007.1 of the Code of Virginia, the Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals conducted a small business impact review of 18VAC160-11, Public Participation Guidelines, and determined that this regulation should be retained in its current form. The Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals is publishing its report of findings dated October 31, 2019, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.
Section 2.2-4007.02 of the Code of Virginia mandates that the agency solicit the input of interested parties in the formation and development of its regulations. Therefore, the continued need for the regulation is established in statute. The regulation is necessary to protect public health, safety, and welfare by establishing public participation guidelines that promote public involvement in the development, amendment, or repeal of the agency's regulation. By soliciting the input of interested parties, the agency is better equipped to effectively regulate an occupation or profession. Since no complaints or comments were received during the public comment period, there does not appear to be a reason to amend or repeal the regulation. The regulation is clearly written and easily understandable. The regulation does not overlap, duplicate, or conflict with federal or state law or regulation. The most recent periodic review of the regulation occurred in 2015. On October 24, 2019, the board discussed the regulation and for the reasons stated determined that the regulation should not be amended or repealed but retained in its current form.
Contact Information: Trisha Henshaw, Executive Director, Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8595, FAX (866) 350-5354, or email waterwasteoper@dpor.virginia.gov.
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TITLE 24. TRANSPORTATION AND MOTOR VEHICLES
DEPARTMENT OF TRANSPORTATION
Report of Findings
Pursuant to § 2.2-4007.1 of the Code of Virginia, the Department of Transportation conducted a small business impact review of 24VAC30-41, Rules and Regulations Governing Relocation Assistance, and determined that this regulation should be retained in its current form. The Department of Transportation is publishing its report of findings dated August 16, 2019, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.
There is a continued need for this regulation because it is required to implement the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (42 USC § 4601 et seq.) in order for the Virginia Department of Transportation to receive federal financial assistance. It provides a system of benefits with the following objectives: "To ensure that persons displaced as a direct result of federal or federally-assisted projects are treated fairly, consistently, and equitably so that such displaced persons will not suffer disproportionate injuries as a result of projects designed for the benefit of the public as a whole; and to ensure that Agencies implement these regulations in a manner that is efficient and cost effective." (49 CFR 24.1(b) and 49 CFR 24.1(c)).
This regulation is not overly complex and is consistent with the federal law codified at 42 USC § 4601 et seq. and the related federal regulations in 49 CFR Part 24. The regulation does not impact small businesses but does provide eligible relocation benefits and advisory assistance when small businesses are affected by a state project.
Contact Information: JoAnne P. Maxwell, Agency Regulatory Coordinator, Governance and Legislative Affairs Division, Department of Transportation, 1401 East Broad Street, Richmond, VA 23219, telephone (804) 786-1830, FAX (804) 225-4700, or email joanne.maxwell@vdot.virginia.gov.
Report of Findings
Pursuant to § 2.2-4007.1 of the Code of Virginia, the Department of Transportation conducted a small business impact review of 24VAC30-401, Change of Limited Access Control, and determined that this regulation should be retained in its current form. The Department of Transportation is publishing its report of findings dated August 1, 2019, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.
The regulation is needed for purposes of complying with state and federal laws and regulations regarding changes of limited access control on all limited access control roadways. The regulation is not overly complex, complements state and federal laws and regulations, and is structured to support their policy goals and objectives. The last substantive review of the regulation was in 2006.
Contact Information: JoAnne P. Maxwell, Agency Regulatory Coordinator, Governance and Legislative Affairs Division, Department of Transportation, 1401 East Broad Street, Richmond, VA 23219, telephone (804) 786-1830, FAX (804) 225-4700, or email joanne.maxwell@vdot.virginia.gov.