TITLE 4. CONSERVATION AND NATURAL RESOURCES
DEPARTMENT OF FORESTRY
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Forestry conducted a periodic review and a small business impact review of 4VAC10-11, Public Participation Guidelines, and determined that this regulation should be retained as is. The department is publishing its report of findings dated March 7, 2023, to support this decision.
The purpose of this chapter is to promote public involvement in the development, amendment, or repeal of the regulations of the Department of Forestry. The regulation is necessary to define and guide members of the public who are interested an opportunity to submit data, views, and arguments, either orally or in writing, to the agency. The regulation is written clearly and is easily understandable. The regulation outlines the regulation's purpose, definitions, and guidelines for notifying persons interested in regulatory actions. The regulation defines procedures on public comment, rulemaking, the appointment of regulatory advisory panel and negotiated rulemaking panel, how meetings are conducted, public hearings on regulations, and periodic review of regulations.
The regulation will be retained without a change.
The regulation continues to be needed in order to promote public involvement in the development, amendment, or repeal of the department's regulations. The department did not receive any comments or complaints during the 21-day public comment period. This regulation is not complex and does not overlap, duplicate, or conflict with any other federal or state laws or regulations. This regulation is evaluated annually and does not rely on technology, economic conditions, or any other factors due to the nature of public participation. This regulation identifies the Virginia Regulatory Town Hall as the mechanism for notification, registration, and meeting procedures for public participation. The department determined the regulation has no economic impact on small businesses.
Contact Information: Amanda Davis, Policy Planning Manager III, Department of Forestry, 900 Natural Resources Drive, #800, Charlottesville, VA 22903, telephone (804) 664-7301.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Forestry conducted a periodic review and a small business impact review of 4VAC10-20, Standards for Classification of Real Estate as Devoted to Forest Use under the Virginia Land Use Assessment Law, and determined that this regulation should be retained as is. The department is publishing its report of findings dated March 7, 2023, to support this decision.
This regulation allows the State Forester to (i) encourage the proper use of real estate in order to assure a readily available source of agricultural, horticultural, and forest products, and of open space within reach of concentrations of population; (ii) conserve natural resources in forms that will prevent erosion; (iii) protect adequate and safe water supplies; (iv) preserve scenic natural beauty and open spaces; (v) promote proper land-use planning and the orderly development of real estate for the accommodation of an expanding population; and (vi) promote a balanced economy and ease or lessen the pressures that force the conversion of real estate to more intensive uses. The regulation is necessary to define and direct standards that shall be applied uniformly throughout the state to determine if real estate is devoted to forest use.
The regulation will be retained without a change.
The regulation continues to be needed in order to provide standards that shall be applied uniformly throughout the state to determine if real estate is devoted to forest use. The department did not receive any comments or complaints during the 21-day public comment period. The regulation is not complex and does not overlap, duplicate, or conflict with any other federal or state laws or regulations. This regulation is evaluated annually, and consideration was given to current conditions of technology, economic conditions, and other factors. The department determined that the regulation has no economic impact on small businesses.
Contact Information: Amanda Davis, Policy Planning Manager III, Department of Forestry, 900 Natural Resources Drive, #800, Charlottesville, VA 22903, telephone (804) 664-7301.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Forestry conducted a periodic review and a small business impact review of 4VAC10-30, Virginia State Forests Regulations, and determined that this regulation should be retained as is. The department is publishing its report of findings dated March 7, 2023, to support this decision.
The purpose of this chapter is for the Department of Forestry to define and provide an overview of acts prohibited in Virginia state forests, provided such acts not otherwise prohibited by law or local ordinance shall be lawful if performed under, by virtue of, and strictly within the provisions of a permit so to do. This regulation provides guidance on the interpretation of the regulations, the territorial scope, permits required, preservation of the forest, pollution, disposal, conduct, gambling, alcohol, picnicking, camping, bathing, dressing, explosives, fires, smoking, hunting, fishing, boating, dogs and other animals, sports, vehicles, meetings, advertisements, contributions, aviation, and sale of forest products. The regulation is necessary to define and provide overview of what is prohibited in state forests.
The regulation will be retained without a change.
The regulation continues to be needed in order to provide the activities prohibited in Virginia state forests. The department received one comment, however the comment was informational and was directed at the Virginia Department of Conservation and Recreation. The regulation is not complex and does not overlap, duplicate, or conflict with any other federal or state laws or regulations. This regulation is evaluated annually, and consideration was given to current conditions of technology, economic conditions, and other factors. The department determined the regulation has no economic impact on small businesses.
Contact Information: Amanda Davis, Policy Planning Manager III, Department of Forestry, 900 Natural Resources Drive, #800, Charlottesville, VA 22903, telephone (804) 664-7301.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Forestry conducted a periodic review and a small business impact review of 4VAC10-40, Reforestation of Timberlands Regulations, and determined that this regulation should be retained as is. The department is publishing its report of findings dated March 7, 2023, to support this decision.
The purpose of this chapter is for the Department of Forestry to define and provide an overview of rules governing reforestation of timberlands. Reforestation assistance includes the funds, material, personnel, or other assistance made available to a landowner pursuant to § 10.1-1173 of the Code of Virginia and this regulation. This chapter provides reforestation rules, such as qualifying and nonqualifying species, type of land cover, land area and practices, seed trees, equipment, personnel, expenditure of taxes, and assistance to damaged replant areas. The regulation is necessary to define and provide overview of what reforestation of timberlands means.
The regulation will be retained without a change.
The regulation continues to be needed in order to provide landowners an understanding of what is meant by reforestation of timberlands. The department did not receive any public comments for this review. The regulation is not complex and does not overlap, duplicate, or conflict with any other federal or state laws or regulations. This regulation is evaluated annually, and consideration was given to current conditions of technology, economic conditions, and other factors. The department determined the regulation has no economic impact on small businesses.
Contact Information: Amanda Davis, Policy Planning Manager III, Department of Forestry, 900 Natural Resources Drive, #800, Charlottesville, VA 22903, telephone (804) 664-7301.
DEPARTMENT OF ENERGY
Agency Notice
Pursuant to Executive Order 19 (2022) 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: 4VAC25-20, Board of Coal Mining Examiners Certification Requirements; 4VAC25-31, Reclamation Regulations for Mineral Mining; 4VAC25-35, Certification Requirements for Mineral Miners; 4VAC25-40, Safety and Health Regulations for Mineral Mining; 4VAC25-125, Regulations Governing Coal Stockpiles and Bulk Storage and Handling Facilities; 4VAC25-130, Coal Surface Mining Reclamation Regulations; 4VAC25-150, Virginia Gas and Oil Regulation; 4VAC25-160, Virginia Gas and Oil Board Regulations; 4VAC25-165, Regulations Governing the Use of Arbitration to Resolve Coalbed Methane Gas Ownership Disputes; and 4VAC25-170, Geothermal Energy Regulations.
The review of each regulation will be guided by the principles in Executive Order 19 (2022). The purpose of a periodic 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 April 24, 2023, and ends May 15, 2023.
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: Michael Skiffington, Regulatory Coordinator, Department of Energy, 1100 Bank Street, 8th Floor, Richmond, VA 23219-3402, telephone (804) 692-3212.
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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 12VAC5-150, Regulations for the Sanitary Control of Storing, Processing, Packing or Repacking of Oysters, Clams and Other Shellfish, and determined that this regulation should be amended. The board is publishing its report of findings dated December 22, 2022, to support this decision.
Upon a review of the regulation, the board determined the regulation is essential to protecting public health by requiring that molluscan shellfish establishments obtain approval from the State Health Commissioner before beginning operations or renovations. The regulation further requires such establishments to maintain sanitary conditions, thus protecting all people in Virginia. The regulation meets the criteria set forth in Executive Order 19 (2022). The regulation is necessary to interpret and apply the requirements of the Code of Virginia and is clearly written and understandable.
The board has determined that the regulation should be amended to ensure that it reflects the most updated science and best practices, including feedback from relevant industry experts and other stakeholders. The regulation has not undergone a comprehensive review since its initial administrative codification approximately 50 years ago. In addition, at the conclusion of a periodic review conducted in 2017, the Office of the Attorney General (OAG) advised the board that sections of the regulation were inconsistent with the Code of Virginia and require amendment.
Chapter 8 (§ 28.2-800 et seq.) of Title 28.2 of the Code of Virginia authorizes the board to promulgate regulations necessary to protect public health and safety as it pertains to crustacea and shellfish. The continued need for the regulation is established in statute. No comments were received during the public comment period from October 10, 2022, to October 31, 2022. The last periodic review of this chapter was completed in 2017.
The regulation is clearly written and easily understandable; however, it overlaps, duplicates, or conflicts with state laws and regulation, specifically § 28.2-823 of the Code of Virginia and 12VAC5-160. An evaluation is necessary to determine how or if technology, economic conditions, or other factors could have an impact on the regulated industry and the general public. Virginia Department of Health staff will engage with stakeholders and the regulated community regarding any proposed amendments to minimize the economic impact of the regulation on small businesses while maintaining appropriate regulatory standards to ensure the safety, health, and welfare of the public.
Contact Information: Sarah Good, Plant Program Manager, Virginia Department of Health, James Madison Building, 109 Governor Street, Richmond, VA 23219, telephone (804) 659-3823.
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 12VAC5-160, Regulations for the Sanitary Control of the Picking, Packing and Marketing of Crab Meat for Human Consumption, and determined that this regulation should be repealed. The board is publishing its report of findings dated December 22, 2022, to support this decision.
Upon a review of the regulation, the board determined the regulation is essential to protecting public health by requiring crustacea establishments obtain approval from the State Health Commissioner before beginning operations or renovations. The regulation further requires such establishments to maintain sanitary conditions, thus protecting all people in Virginia. The regulation meets the criteria set forth in Executive Order 19 (2022). The regulation is necessary to interpret and apply the requirements of the Code of Virginia and is clearly written and understandable. However, the intent of the regulation can be incorporated into 12VAC5-150, reducing the burden on the regulated industry.
The board has determined that the regulation should be repealed. Language from 12VAC5-160 can be incorporated into 12VAC5-150 to maintain public health protection, safety, and welfare.
Chapter 8 (§ 28.2-800 et seq.) of Title 28.2 of the Code of Virginia authorizes the board to promulgate regulations necessary to protect public health and safety as it pertains to crustacea and shellfish. The continued need for the provisions of the regulation is established in statute. No comments were received during the public comment period from October 24, 2022, to November 14, 2022. The last periodic review of this chapter was completed in 2017. The regulation is clearly written and easily understandable but overlaps with state law and regulation. As a result, the board recommends this chapter be repealed. This action will reduce burden on the regulated industry.
Contact Information: Sarah Good, Plant Program Manager, Virginia Department of Health, James Madison Building, 109 Governor Street, Richmond, VA 23219, telephone (804) 659-3823.
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 12VAC5-610, Sewage Handling and Disposal Regulations, and determined that this regulation should be amended. The board is publishing its report of findings dated January 24, 2023, to support this decision.
Section 32.1-164 of the Code of Virginia requires the board to adopt, promulgate, and enforce regulations necessary to protect health and safety as it relates to onsite sewage systems. The regulation was reviewed and determined to be essential to protecting public health by ensuring the safe and sanitary treatment and disposal of sewage by onsite sewage systems.
The regulations meets the criteria set forth in Executive Order 19 (2022). The regulation is necessary to interpret and apply the requirements of the Code of Virginia and is clearly written and understandable. The regulation is designed to achieve its objective in the most efficient and cost-effective manner. However, the regulation has not undergone a comprehensive revision since 2000. Therefore, a detailed review is necessary to ensure the regulation reflects changes in the industry and best practices. The board has determined that the regulation should be amended to ensure that it reflects the most updated science and best practices, including feedback from relevant industry experts and other stakeholders. The regulation has not undergone a comprehensive revision since 2000. The regulation, in its current form, does not reflect all changes in the industry and best practices over the last 20 years.
Chapter 6 (§ 32.1-163 et seq.) of Title 32.1 of the Code of Virginia mandates the board's supervision and control over the safe and sanitary collection, conveyance, transportation, treatment, and disposal of sewage by onsite sewage systems. The continued need for the regulation is established in statute and is not discretionary.
While the agency did not receive any comments during the periodic review, Virginia Department of Health staff held public meetings with stakeholders and the regulated community in 2022 to address changes in the onsite sewage system industry and best practices. As a result of these meetings, the agency understands that in the regulation's current state, the regulation contains outdated soil science terminology and ambiguous wording regarding certain installation requirements. The regulation also lacks any operation and maintenance specifications for aging onsite sewage systems. Agency staff will continue to engage with stakeholders and the regulated community regarding any necessary amendments to minimize the economic impact of the regulation on small businesses while maintaining appropriate regulatory standards to ensure the safety, health, and welfare of the public.
Contact Information: Lance Gregory, Division Director, Virginia Department of Health, James Madison Building, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7491.
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TITLE 17. LIBRARIES AND CULTURAL RESOURCES
DEPARTMENT OF HISTORIC RESOURCES
Agency Notice
Pursuant to Executive Order 19 (2022) 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: 17VAC10-20, Evaluation Criteria and Procedures for Nominations of Property to the National Register or for Designation as a National Historic Landmark. The review of this regulation will be guided by the principles in Executive Order 19 (2022). The purpose of a periodic 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 April 24, 2023, and ends May 15, 2023.
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: Stephanie Williams, Deputy Director, Department of Historic Resources, 2801 Kensington Avenue, Richmond, VA 23221, telephone (804) 482-6085.
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TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD OF ACCOUNTANCY
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board of Accountancy conducted a periodic review and a small business impact review of 18VAC5-22, Board of Accountancy Regulations, and determined that this regulation should be retained as is. The board is publishing its report of findings dated March 23, 2023, to support this decision.
The regulation is necessary for the protection of the public health, safety, and welfare, as it is needed to meet the statutory mandate to restrict the practice of public accounting and to ensure the competency of holders of Virginia Certified Public Accountant (CPA) licenses. The regulation is not overly complex and is written in plain language that the general public should easily understand.
The Board of Accountancy had no scheduled changes prepared when undertaking this review. Retaining the regulation was necessary because of the statutory requirement that the board regulate the profession of public accounting and the use of the CPA title.
There is a continued need for the regulation because it provides the most cost-effective means of restricting the practice of public accounting and ensuring the competency of holders of Virginia CPA licenses. No complaints from the public were received during the comment period. The Board of Accountancy believes the regulation is not overly complex. There is no overlap, duplication, or conflict with federal or state law or regulation. The last full review of the regulation occurred in 2018 when the decision was made to amend the regulation following periodic review. The Board of Accountancy, through examination of the regulation, has determined that the regulatory requirements currently minimize the economic impact of regulation 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: Vasa Clarke, Regulatory Coordinator, Board of Accountancy, 9960 Mayland Drive, Suite 402, Henrico, VA 23233, email vasa.clarke@boa.virginia.gov.