TITLE 1. ADMINISTRATION
COMMISSION ON LOCAL GOVERNMENT
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: 1VAC50-11, Public Participation Guidelines; and 1VAC50-20, Organization and Regulations of Procedure. 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 The purpose of this review is to determine whether each regulation should be repealed, amended, or retained in its current form.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 August 16, 2021, and ends September 6, 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: Cody Anderson, Policy Analyst, Department of Housing and Community Development, Main Street Center, 600 East Main Street, Richmond, VA 23219, telephone (804) 371-7054.
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TITLE 9. ENVIRONMENT
STATE WATER CONTROL BOARD
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: 9VAC25-640, Aboveground Storage Tank and Pipeline Facility Financial Responsibility Requirements; and 9VAC25-890, General VPDES Permit for Discharges of Stormwater from Small Municipal Separate Storm Sewer Systems. 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 The purpose of this review is to determine whether each regulation should be repealed, amended, or retained in its current form.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 August 16, 2021, and ends September 6, 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: Melissa Porterfield, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4238.
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TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD OF SOCIAL WORK
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 regulation is undergoing a periodic review and a small business impact review: 18VAC140-20, Regulations Governing the Practice of Social Work. The review will be guided by the principles in Executive Order 14 (as amended July 16, 2018). The purpose of this review is to determine whether this regulation should be repealed, amended, or retained in its current form. Public comment is sought on the review of any issue relating to this regulation, including whether the 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 August 16, 2021, and ends September 6, 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: Jaime Hoyle, Executive Director, Board of Social Work, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4406.
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TITLE 24. TRANSPORTATION AND MOTOR VEHICLES
COMMONWEALTH TRANSPORTATION BOARD
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Commonwealth Transportation Board conducted a periodic review and small business impact review of 24VAC30-21, General Rules and Regulations of the Commonwealth Transportation Board, and determined that this regulation should be retained in its current form. The board is publishing its report of findings dated March 16, 2021, to support this decision.
Pursuant to its authority granted by § 33.2-210, it is reasonable and appropriate for the Commonwealth Transportation Board to regulate the activities that occur on highway rights-of-way under its jurisdiction through the land use permit framework. It is also reasonable and appropriate for the board to establish rules concerning the use of highway rights-of-way. Both of these situations involve the safety of the traveling public, cargo carriers, and anyone performing work on the highways or adjacent areas, as well as the integrity and soundness of the highway network itself. This regulation works in complement to the detailed regulations concerning land use, access management, and administration of facilities such as parking lots, waysides, and rest areas that the board has also established. The regulation is therefore necessary for the protection of public health, safety, and welfare. Additionally, the regulation is clearly written and easily understandable.
The existing regulation serves a necessary purpose and is not overly burdensome on the public. The board recommends retaining the regulation as is.
The regulation continues to be necessary for the safety and protection of the traveling public and workers performing tasks on or near the highways. The board has received no complaints concerning this regulation. The regulation is not complex and does not duplicate or conflict with other state or federal laws. The regulation was last amended in 2009.
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.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Commonwealth Transportation Board conducted a periodic review and a small business impact review of 24VAC30-50, Rules and Regulations for the Administration of Waysides and Rest Areas, and determined that this regulation should be retained in its current form. The board is publishing its report of findings dated March 18, 2021, to support this decision.
The board believes that this regulation is necessary for the protection of public health, safety, and welfare, and is clearly written and easily understandable. Safety of the users is preserved by prohibiting potentially dangerous conduct at waysides and rest areas, such as using threatening language or littering. The integrity of the facilities is protected by prohibiting conduct, such as disturbing animals and birds or posting signs and other advertisements, so that all users may have the benefits of the facilities.
The regulation clearly states prohibited conduct, as well as activities that may be performed with permission of the Commissioner of the Virginia Department of Transportation.
The board recommends that the regulation should be retained without change.
This regulation is necessary because state law has specifically authorized the board to make regulations at waysides and describe topics that may be addressed. Furthermore, without written directives concerning their operation, users of these facilities would not be aware of prohibited and permitted activities. This regulation is not complex and does not overlap, duplicate, or conflict with federal or state law or regulation. The last time this regulation was subjected to periodic regulatory review was in 2013, at which time the board decided to retain the regulation without amendment. The board's decision regarding this regulation will minimize the economic impact on small businesses because this regulation has been in existence for decades without change. As a result of the board's recommendation to retain this regulation without change, there will be no new burdens placed on any small businesses.
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.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Commonwealth Transportation Board conducted a periodic review and a small business impact review of 24VAC30-100, Rules and Regulations for the Administration of Parking Lots and Environs, and determined that this regulation should be retained in its current form. The board is publishing its report of findings dated March 18, 2021, to support this decision.
This regulation meets the criteria set out in Executive Order 14 (as amended, July 16, 2018). The board believes that this regulation is necessary for the protection of public health, safety, and welfare, and is clearly written and easily understandable. Safety of the users is preserved by prohibiting potentially dangerous conduct, such as setting fires. The integrity of the facilities is protected by prohibiting conduct, such as disturbing animals and birds or posting signs and other advertisements, so that all users may have the benefits of the facilities. The regulation clearly states prohibited conduct, as well as activities that may be performed with permission of the Commissioner of the Virginia Department of Transportation (VDOT).
The board recommends the regulation be retained without making changes.
There is a continued need for this regulation. Without some written directives concerning their operation, users would not be aware of prohibited and permitted activities in VDOT parking lots. This regulation is not complex and does not overlap, duplicate, or conflict with federal or state law or regulation. The last time this regulation was subjected to periodic regulatory review was in 2013, and the regulation was last amended in 2018 when the regulation was amended in response to legislation passed by the General Assembly to allow mobile food vending in certain areas of the parking lots. VDOT's decision to retain this regulation will minimize the economic impact on small businesses because the regulation will remain in place without change as a result of this periodic regulatory review.
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.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Commonwealth Transportation Board conducted a periodic review and a small business impact review of 24VAC30-130, Rules Governing Prequalification and Classification, and determined that this regulation is repealed. The board is publishing its report of findings dated March 18, 2021, to support this decision.
Although the regulation is clearly written and easily understandable, its purpose can be accomplished through other means, so it is therefore not necessary for the protection of public health, safety, and welfare.
The board recommends repealing the regulation and maintaining the underlying policy as a board policy or guidance document.
Although the regulation is not complex and does not overlap or conflict with other law; it is not necessary to be maintained as a regulation. The regulation was last reviewed in 2010.
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.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Commonwealth Transportation Board conducted a periodic review and a small business impact review of 24VAC30-210, Policy on Placing Utilities Underground, and determined that this regulation should be repealed. The board is publishing its report of findings dated March 11, 2021, to support this decision.
Although the regulation was clearly written and easily understandable, it is no longer necessary for the protection of public health, safety, and welfare. Future decisions on relocation of aerial utility facilities underground in connection with highway construction or maintenance projects should be made in accordance with the Virginia Department of Transportation Utility Manual.
The Commonwealth Transportation Board recommends repeal of the regulation because the statute that set forth the program that the regulation governed has been repealed.
There is no continued need for the regulation.
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.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Commonwealth Transportation Board conducted a periodic review and a small business impact review of 24VAC30-271, Economic Development Access Fund Policy, and determined that this regulation should be repealed. The board is publishing its report of findings dated September 20, 2020, to support this decision.
Although the regulation is clearly written and easily understandable, it is not necessary for the protection of public health, safety, and welfare, as it serves the same purpose as a guidance document that the board has adopted and that provides guidance for any locality that wishes to request economic development access funds for a particular project.
Chapter 378 of the 2021 Acts of Assembly amended § 33.2-1509 of the Code of Virginia to require the board to establish guidelines for the Economic Development Access Fund and requires that the guidelines consider the number of jobs that will be created by the economic development project, the proposed capital investment by the private sector at the economic development site, and any other relevant criteria related to the economic development project.
The functions performed by the regulation are those that are adequately performed by the existing Economic Development Access Fund guidelines that have been adopted by the Commonwealth Transportation Board as a guidance document. Therefore, the board is recommending that the regulation be repealed but that the guidance document be retained and reviewed for modifications necessary to comply with the requirements of Chapter 378.
Although the regulation is not complex and the board has received no complaints concerning the regulation, there is no continued need for the regulation because the board has adopted a guidance document to serve the same purpose in providing assistance to localities in requesting funding pursuant to § 33.2-1509 of the Code of Virginia. The most recent substantive amendment of the regulation was in 2012.
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.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Commonwealth Transportation Board conducted a periodic review and a small business impact review of 24VAC30-420, Operation and Maintenance of Roads in Incorporated Towns Less Than 3,500, and determined that this regulation should be repealed. The board is publishing its report of findings dated March 25, 2021, to support this decision.
Although the regulation is clearly written and easily understandable, its purpose can be accomplished through other means, so it is therefore not necessary for the protection of public health, safety, and welfare.
The board recommends repealing the regulation and maintaining the underlying policy as a board policy or guidance document.
Although the regulation is not complex and does not overlap or conflict with other law, it is not necessary to be maintained as a regulation. The regulation was last reviewed in 2010.
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.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Commonwealth Transportation Board conducted a periodic review and a small business impact review of 24VAC30-430, Maintenance of Roads Crossing the Interstate System, and determined that this regulation should be repealed. The board is publishing its report of findings dated March 31, 2021, to support this decision.
Although the regulation is clearly written and easily understandable, its purpose can be accomplished through other means, so it is therefore not necessary for the protection of public health, safety, and welfare.
The board recommends repealing the regulation and maintaining the underlying policy as a board policy or guidance document.
Although the regulation is not complex and does not overlap or conflict with other law, it is not necessary to be maintained as a regulation. The regulation was last reviewed in 2010.
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.