PERIODIC REVIEWS AND SMALL BUSINESS IMPACT REVIEWS
Vol. 37 Iss. 21 - June 07, 2021

TITLE 1. ADMINISTRATION

STATE BOARD OF ELECTIONS

Agency Notice

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 regulations are undergoing a periodic review and a small business impact review: 1VAC20-10, Public Participation Guidelines; 1VAC20-20, General Administration; 1VAC20-40, Voter Registration; 1VAC20-45, Absent Military and Overseas Voters; 1VAC20-50, Candidate Qualification; 1VAC20-60, Election Administration; 1VAC20-70, Absentee Voting; 1VAC20-80, Recounts and Contested Elections, and 1VAC20-90, Campaign Finance and Political Advertisements. The review of these regulations will be guided by the principles in Executive Order 14 (as amended July 16, 2018). The purpose of this review is to determine whether each regulation should be repealed, amended, or retained in its current form. Public comment is sought on the review of any issue relating to these regulations, including whether each regulation (i) is necessary for the protection of public health, safety, and welfare or for the economical performance of important governmental functions; (ii) minimizes the economic impact on small businesses in a manner consistent with the stated objectives of applicable law; and (iii) is clearly written and easily understandable.

Public comment period begins June 7, 2021, and ends June 28, 2021.

Comments must include the commenter's name and address (physical or email) information in order to receive a response to the comment from the agency. Following the close of the public comment period, a report of both reviews will be posted on the Virginia Regulatory Town Hall and published in the Virginia Register of Regulations.

Contact Information: Ashley Coles, Agency Regulatory Coordinator, Department of Elections, Washington Building, 1100 Bank Street, First Floor, Richmond, VA 23219.

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 Waterworks Operation Fee regulation meets the criteria set out in Executive Order 14. The regulation is necessary for the protection of public health. The waterworks operation fees help provide funding to implement Virginia’s drinking water program (Public Water Supplies, Article 2 (§ 32.1-167 et seq.) of Chapter 6 of Title 32.1 of the Code of Virginia), which provides oversight and technical and financial assistance to more than 2,800 waterworks in the Commonwealth serving more than two-thirds of Virginia's population. The Virginia Department of Health (VDH) ensures waterworks have the technical, managerial, and financial capacity to consistently and reliably provide water that meets drinking water quality standards, as those standards are established in the National Primary Drinking Water Regulations, 40 CFR Part 141, and the Waterworks Regulations, 12VAC5-590. The regulation is clearly written and easily understandable. The Waterworks Operation Fee regulation uses common, everyday language that is readily understandable to the regulated entities. No public comments were received concerning the ability to understand the regulation.

The Waterworks Operation Fee regulation is an important component to the operation of the drinking water program and allows VDH to provide technical and regulatory assistance to all waterworks, that is, community, nontransient noncommunity, and transient noncommunity, large and small, across the Commonwealth. As such, VDH believes that the financial burden should be shared by waterworks in a more equitable manner. VDH intends to submit a Notice of Intended Regulatory Action and engage stakeholders to amend the Waterworks Operation Fee regulation.

Continuing need. Some small business owners also operate waterworks and provide drinking water to customers. A well-regulated drinking water oversight program helps protect public health of customers to these businesses by providing technical assistance to small business owners who operate waterworks and helping them prevent waterborne disease outbreaks within their waterworks.

Public complaints and comments. VDH received three comments. All comments raised issues of equity to support the drinking water program. The law and regulations place the greatest financial burden on waterworks that serve the largest number of consumers.

Complexity of the regulation. This regulation has been in effect with no complaints about complexities.

Federal laws. The regulation complements the federal Safe Drinking Water Act by helping provide for necessary funding to maintain the drinking water program in Virginia.

Evaluation of regulation. The regulation is evaluated on an ongoing basis to ensure that its effect on small businesses is fair and properly administered. However, as noted in the public comments, the regulated community does not uniformly feel the fee is equitably applied among all waterworks that are subject to and benefit from the technical services VDH provides through the drinking water program. VDH will engage stakeholders and the regulated community to review and propose amendments to the Waterworks Operation Fee regulation.

Contact Information: Nelson Daniel, Policy and Program Director, Office of Drinking Water, Virginia Department of Health, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7210.

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD OF PSYCHOLOGY

Report of Findings

Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board of Psychology conducted a periodic review and a small business impact review of 18VAC125-30, Regulations Governing the Certification of Sex Offender Treatment Providers, and determined that this regulation should be amended. Upon recommendation from the Regulatory Advisory Panel, the Board of Psychology decided to amend the regulation using a fast-track rulemaking action.

The fast-track regulatory action to amend 18VAC125-30, which is published in this issue of the Virginia Register, serves as the report of findings.

Contact Information: Jaime Hoyle, Executive Director, Board of Psychology, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4406, FAX (804) 327-4435, or email jaime.hoyle@dhp.virginia.gov.