TITLE 2. AGRICULTURE
STATE MILK COMMISSION
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Milk Commission conducted a periodic review and a small business impact review of 2VAC15-20, Regulations for the Control and Supervision of Virginia's Milk Industry, and determined that this regulation should be retained as is. The commission is publishing its report of findings dated October 4, 2022, to support this decision.
This regulation is necessary for the protection of public health, safety, and welfare in that it ensures that Virginians will have an adequate supply of milk and that farmers receive a fair price for their milk. The regulation is clearly written and easily understandable.
The commission has determined that the regulation should stay in effect without change because it is necessary to adequately maintain a stable milk market and is effective in its current format. No changes to agency or industry practices have occurred that would necessitate any modifications.
The Southeastern United States, including Virginia, is not considered ideal for dairying due to the summer heat and humidity. The regulation provides for some incentive for dairy farms, many of which are small businesses, to continue to operate within the state, as the regulation allows for farms that own milk quota to be paid an amount greater than the price established by the federal government.
There have been no complaints from the public concerning the regulation. The regulation is not unnecessarily complex. There is no overlap with the federal or state law or regulations. The commission has determined that no changes have occurred in the area affected by this regulation since the last periodic review that would make it necessary to amend or repeal the regulation. The commission has determined that the current version of the regulation is consistent with current industry practices and is the least burdensome and least intrusive alternative.
Contact Information: Crafton Wilkes, Administrator, State Milk Commission, Oliver Hill Building, 102 Governor Street, Room 206, Richmond, VA 23218, telephone (804) 786-2013, or email crafton.wilkes@vdacs.virginia.gov.
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TITLE 9. ENVIRONMENT
VIRGINIA WASTE MANAGEMENT BOARD
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: 9VAC20-130, Solid Waste Planning and Recycling Regulations. 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 June 5, 2023, and ends June 26, 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: Sanjay Thirunagari, Programs Manager, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 659-1532.
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TITLE 12. HEALTH
STATE BOARD OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Behavioral Health and Developmental Services conducted a periodic review and a small business impact review of 12VAC35-250, Peer Recovery Specialists, and determined that this regulation should be retained as is. The board is publishing its report of findings dated March 20, 2023, to support this decision.
This regulation is necessary for the protection of public health, safety, and welfare. The regulation provides administrative structure for Department of Behavioral Health and Developmental Services (DBHDS) qualifications, education, and experience for peer recovery specialists to ensure that individuals providing peer recovery services in Virginia’s public system of behavioral health services demonstrate a baseline of practical knowledge. The availability of peer recovery specialist services was expanded through the Virginia Medicaid Addiction and Recovery Treatment Services new substance use disorder benefit. Peer support resources are an integral component of community integration, wellness, resiliency, and recovery.
Comprehensive behavioral health is essential to population health and cost containment. Behavioral health issues add to medical care costs and individuals with mental illness or substance use disorders or co-occurring mental illness and substance use disorders have higher medical care costs as much as those without them. Peer recovery services help decrease reliance on institutions and increase focus on community services. The services also facilitate integration of behavioral health and primary care, as well as housing, employment, schools, and social services.
The regulation is clearly written and understandable as evidenced by the number of persons who have followed the requirements to become Peer Recovery Specialists in Virginia. The board has decided to retain the regulation as is. Since the emergency regulation took effect, 1,155 of peers have become peer recovery specialists. The language was designed to work seamlessly with related regulations from the Department of Medical Assistance Services and the Department of Health Professions; this has proven to be a successful structure.
No comments were received concerning the regulation during the periodic review. The regulation makes clear who shall be deemed a peer recovery specialist in Virginia. The regulation does not overlap, duplicate, or conflict with federal or state law or regulation.
This is the first periodic review since the regulation became effective. Technology, economic conditions, and other factors have not changed in the area affected by the regulation. The board's decision, consistent with applicable law, will minimize the economic impact of this regulation on small businesses in Virginia. Retaining the regulation as established on March 6, 2019, will ensure continuity for providers. Any change to the current regulation could result in an economic impact as providers would be responsible for ensuring that peer recovery specialists meet the qualifications established in the regulation. Therefore, the decision to retain the regulation as currently written minimizes costs to small businesses.
Contact Information: Ruth Anne Walker, Director of Regulatory Affairs, Department of Behavioral Health and Developmental Services, Jefferson Building, 1220 Bank Street, 4th Floor, Richmond, VA 23219, telephone (804) 225-2252.
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TITLE 22. SOCIAL SERVICES
STATE BOARD OF SOCIAL SERVICES
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: 22VAC40-400, Funding Limitations for the Refugee Resettlement Program. 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 June 5, 2023, and ends June 26, 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: Seyoum Berhe, State Refugee Coordinator, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 726-7927.