TITLE 1. ADMINISTRATION
COMMISSION ON LOCAL GOVERNMENT
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: 1VAC50-20, Organization and Regulations of Procedure. 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 The purpose of a periodic review is to determine whether this regulation should be repealed, amended, or retained in its current form.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 August 28, 2023, and ends September 18, 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: LeGrand Northcutt, Senior Policy Analyst, Department of Housing and Community Development, Main Street Center, 600 East Main Street, Richmond, VA 23219, telephone (804) 310-7151.
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TITLE 9. ENVIRONMENT
STATE WATER CONTROL BOARD
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Water Control Board conducted a periodic review and a small business impact review of 9VAC25-780, Local and Regional Water Supply Planning, and determined that this regulation should be retained as is. The board is publishing its report of findings dated July 13, 2023, to support this decision.
This regulation continues to be needed to protect public health, safety, and welfare. The regulation establishes criteria that local and regional water supply plans must contain, and water supply planning plays a crucial role in ensuring that water will be available in the future for public use while maintaining beneficial uses of state waters. The regulation is clearly written and easily understandable. This regulation is currently being amended to incorporate changes made to state law in 2020.
Revisions to this regulation are currently underway to incorporate changes that were made to state law in 2020. A Notice of Intended Regulatory Action (NOIRA) was published in 2021 to initiate the process to amend this regulation. The proposed regulatory amendments were published in Virginia Register Volume 39, Issue 20, on May 22, 2023, and comment was accepted on the proposed amendments through July 21, 2023. Since the process for making these changes is already underway, the result of this periodic review is to retain the regulation as is and continue processing the regulatory revisions to the regulation through the previously initiated regulatory action.
The regulation contains requirements for water supply planning to be conducted on local and regional levels. Localities also must plan how to meet future water supply needs and potentially increased demands for the future. The regulation has been written in a format to minimize its complexity. Under the current regulation, localities can choose to develop a plan independently (local plan) or may choose to plan regionally with other localities (regional plan). In total, 48 water supply plans were submitted in 2008, of which 10 were local plans and 38 were regional plans with the majority of those consisting of one county and one or more cities or incorporated towns located within the boundaries of the county. Planning regions were not specifically determined based on river basin or with respect to shared sources of water supply. In response to changes to state law, the proposed regulatory amendment requires that each locality in a particular regional planning area participate in cross jurisdictional, coordinated water resource planning, and all localities in each area shall together develop and submit a single regional plan. One commenter noted that the regulation as currently written was not consistent with current requirements of state law but acknowledged that amendments were proposed to this regulation.
The requirement for local and regional water supply plans to be developed is a state requirement; no equivalent federal requirement for these plans to be developed exists. This regulation is currently being amended to be consistent with current state law.
This regulation was last amended in 2015 to correct citations referenced in the regulation. The regulation requires local plans to be updated and resubmitted every 10 years, and changes in technology or economic conditions are reflected in the revised plan. There are no regulatory changes associated with this periodic review. A NOIRA was initiated to amend this regulation prior to the start of this periodic review. After comments are received on the proposed amendments, a final regulation will be presented to the State Water Control Board for consideration.
This regulation does not directly regulate small businesses. Localities develop local water supply plans and may choose to include provisions in their plan that minimize impacts on small businesses.
Contact Information: Hannah Somers, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 814-2780.
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TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD OF NURSING
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board of Nursing conducted a periodic review and a small business impact review of 18VAC90-25, Regulations Governing Certified Nurse Aides, and determined that this regulation should be amended. The board is publishing its report of findings dated July 31, 2023, to support this decision.
This regulation is necessary for the protection of public health, safety, and welfare because the regulation sets the requirements for certification and standards of practice for nurse aides. The regulation is necessary to continue to renew certifications for nurse aides and to issue new certifications for nurse aides, which the General Assembly determined is a necessary component of the provision of health care in the Commonwealth. The regulation is additionally necessary to protect public health, safety, and welfare by providing a basis for disciplinary actions against practitioners. The Board of Nursing has reviewed this regulation and determined that it is clearly written and understandable.
The board received no comments on this regulation. The regulation is not complex and does not overlap, duplicate, or conflict with state law or regulation. This chapter has been amended by regulatory action nine times since 2004. The board's decision will not minimize economic impacts on small businesses. The board's decision to retain and amend the regulation does not create an economic impact of any kind because specific amendments have not been considered or decided on by the board.
Contact Information: Jay P. Douglas, R.N., Executive Director, Board of Nursing, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 367-4520.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board of Nursing conducted a periodic review and a small business impact review of 18VAC90-27, Regulations for Nursing Education Programs, and determined that this regulation should be amended. The board is publishing its report of findings dated July 18, 2023, to support this decision.
This regulation is necessary for the protection of public health, safety, and welfare because the regulation sets the requirements for education of nurses in the Commonwealth. The regulation is necessary to continue to educate nurses and to approve new nursing educational programs, which the General Assembly determined is a necessary component of the provision of health care in the Commonwealth. The Board of Nursing has reviewed this regulation and determined that it is clearly written and understandable.
The regulation is necessary for the protection of the public. Additionally, the General Assembly directed the board to oversee and regulate nursing education programs in the Commonwealth. The board has noted that regulatory amendments should be initiated and has determined it will amend the regulation.
The comments received regarding this regulation are summarized in the agency background document available on the Virginia Regulatory TownHall. Comments generally pertain to nursing faculty requirements, simulation, and clinical site requirements. The regulation is not complex and does not overlap, duplicate, or conflict with state law or regulation. This is the first time this regulation, which was created in 2017, has undergone a periodic review. The chapter has been revised three times since it was created. The board's decision will not minimize economic impacts on small businesses. The board's decision to amend the regulation does not create an economic impact of any kind because specific amendments have not been considered or decided on by the board.
Contact Information: Jay P. Douglas, R.N., Executive Director, Board of Nursing, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 367-4520.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board of Nursing conducted a periodic review and a small business impact review of 18VAC90-50, Regulations Governing the Licensure of Massage Therapists, and determined that this regulation should be retained as is. The board is publishing its report of findings dated July 31, 2023, to support this decision.
This regulation is necessary for the protection of public health, safety, and welfare because the regulation sets the requirements for licensure and standards of practice for massage therapists. The regulation is necessary to continue to renew licenses for massage therapists and to issue new licenses for massage therapists, which the General Assembly determined is a necessary component of the provision of health care in the Commonwealth. The regulation is additionally necessary to protect public health, safety, and welfare by providing a basis for disciplinary actions against practitioners. The Board of Nursing has reviewed this regulation and determined that it is clearly written and understandable.
The comment received on this regulation requested a regulatory amendment, which is not a topic the board generally places in regulation. The regulation is not complex and does not overlap, duplicate, or conflict with state law or regulation. This regulation has been amended by regulatory action 12 times since 2001. The board's decision will not minimize economic impacts on small businesses. The board's decision to retain the regulation as is does not create an economic impact of any kind because specific amendments have not been considered or decided on by the board.
Contact Information: Jay P. Douglas, R.N., Executive Director, Board of Nursing, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 367-4520.