TITLE 2. AGRICULTURE
BOARD OF AGRICULTURE AND CONSUMER SERVICES
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board of Agriculture and Consumer Services conducted a periodic review and a small business impact review of 2VAC5-115, Regulations for Determining Whether a Facility Meets the Purpose of Finding Permanent Adoptive Homes for Animals, and determined that this regulation should be retained as is. The board is publishing its report of findings dated September 12, 2023, to support this decision.
The regulation establishes criteria to determine if a facility is operating for the purpose of finding permanent adoptive homes for animals by requiring that a facilityengage in activities that promote adoption, such as being accessible to the public, advertising adoption, transferring animals to other releasing agencies for adoption, temporarily placing animals in a foster home while awaiting adoption, or offering services to keep animals in their permanent home. The regulation was deemed necessary by the General Assembly for the protection of animal welfare. The board received public response that the regulation is clearly and concisely written and easily understandable. The regulation contains no more requirements than necessary to achieve its purpose.
Based on public comments received by the agency, the board will retain the regulation without amendment. Chapter 319 of the 2016 Acts of Assembly requires the board to "adopt regulations that determine whether a private animal shelter meets the purpose of finding permanent adoptive homes for animals." The comments that the board received all supported retaining the regulation without amendment. The board has not received any complaints regarding this regulation since it became effective in 2019.
The regulation does not overlap or conflict with federal or other state laws or regulations. No changes to technology, economic conditions, or other factors have occurred since this regulation became effective in 2019 that would necessitate amendments to the regulation. The board is not aware of any direct or indirect impacts on small businesses, as the regulants are private animal shelters, which, by law, must be nonprofit organizations. The regulation does not require economic investment from regulants, which minimizes its economic impact.
Contact Information: Carolynn Bissett, Program Manager, Office of Veterinary Services, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone (804) 786-4560, or email carolynn.bissett@vdacs.virginia.gov.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board of Agriculture and Consumer Services conducted a periodic review and a small business impact review of 2VAC5-336, Regulations for Enforcement of the Virginia Tree and Crop Pests Law - Spotted Lanternfly Quarantine, and determined that this regulation should be retained as is. The board is publishing its report of findings dated October 2, 2023, to support this decision.
This regulation supports the economic welfare of the Commonwealth by protecting the public from damage caused by the spotted lanternfly. The spotted lanternfly can cause damage to Virginia's agricultural and forestry industries, as well as native plant life. In 2018, the known distribution of spotted lanternfly in Virginia was limited to approximately three-square miles. In 2019, the distribution increased to 11 square miles, and in 2020, the distribution had increased to approximately 35 square miles. As of 2023, the estimated distribution of spotted lanternfly in Virginia is approximately 337 square miles. While the distribution of the spotted lanternfly has increased in Virginia since 2018, the quarantine has likely slowed the rate at which the spotted lanternfly has spread.
The quarantine provides protections to Virginia's vineyards, as the spotted lanternfly causes damage to grape vines. The spotted lanternfly can significantly impact the photosynthetic capability of wine grapes, reducing fruit yield and quality and damaging overall vine health. The regulation is clearly written and easy to understand. The regulation clearly lists which types of articles are subject to the regulation and plainly lists each county and city that is subject to the quarantine. It also provides the conditions that a person or business must meet in order to move regulated articles out of quarantine zones in plain language that is easily understood.
The agency is recommending that this regulation stay in effect without change because the quarantine has likely slowed the rate at which the spotted lanternfly has spread in the Commonwealth.
The agency has determined that there is a continued need for this regulation. This regulation requires that businesses located in infested areas (quarantined localities) obtain a spotted lanternfly permit from the Virginia Department of Agriculture and Consumer Services and ensures that regulated articles are inspected and found to be free from spotted lanternfly life stages prior to moving those regulated articles from regulated to nonregulated areas. If this regulation was not in place, persons conducting business in infested areas would be allowed to freely move articles capable of transporting spotted lanternfly life stages to noninfested areas of Virginia, thereby resulting in an increased rate at which the spotted lanternfly spreads to noninfested areas. The board has determined that it is appropriate for this regulation to apply to all businesses in infested areas as exceptions for small businesses would undermine the purpose of the quarantine and could contribute to the spread of spotted lanternfly.
The regulation is not complex and does not overlap, duplicate, or conflict with federal or state law or regulation. The regulation was established in 2019 and expanded in 2021 and 2022. In the period since this regulation was last amended, there have not been any significant changes to technology, economic conditions, or other factors that would necessitate modifications to the regulation. The agency has not received any comments or complaints from the public, including small businesses, regarding this regulation.
Contact Information: David Gianino, Program Manager, Office of Plant Industry Services, Department of Agriculture And Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone (804) 786-3515, or email david.gianino@vdacs.virginia.gov.
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 9VAC25-820, General Virginia Pollutant Discharge Elimination System (VPDES) Watershed Permit Regulation for Total Nitrogen and Total Phosphorus Discharges and Nutrient Trading in the Chesapeake Bay Watershed in Virginia, and determined that this regulation should be amended. The board is publishing its report of findings dated October 10, 2023, to support this decision.
Section 62.1-44.19:14 of the Code of Virginia directs the State Water Control Board to issue this regulation. This regulation protects the water quality of state surface waters and thus is necessary for the protection of public health, safety, and welfare. The regulation is clearly written and easily understandable. The regulation is effective and continues to be needed; however, this general permit is scheduled to expire on June 1, 2026. This regulation will be amended to reissue the general permit, and the agency will consider revisions to the permit as part of the amendment process. One public comment was submitted in favor of retaining the regulation in its current form and cited the requirement in state law for the board to issue a watershed general VPDES permit.
The regulation establishes the procedures for the permitting of total nitrogen and total phosphorus discharges in the Chesapeake Bay watershed and allows for trading of nutrient credits to minimize costs to the regulated facilities, including small businesses, and allows for future growth. This regulation is clearly written and easily understandable and accomplishes the objectives of applicable law. The regulation does not overlap, duplicate, or conflict with federal or state law or regulation as the State Water Control Board is the delegated authority to regulate point source discharges to surface water. The State Water Control Board last amended this regulation in 2022. This regulation is evaluated and necessary changes are made to the regulation when the general permit is amended.
Contact Information: Joseph Bryan, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 659-2659, or email joseph.bryan@deq.virginia.gov.
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 9VAC25-840, Erosion and Sediment Control Regulations; 9VAC25-850, Erosion and Sediment Control and Stormwater Management Certification Regulations; and 9VAC25-870, Virginia Stormwater Management Program (VSMP) Regulation; and determined that these regulations should be repealed. The exempt final regulatory action repealing 9VAC25-840, 9VAC25-850, and 9VAC25-870, which is published in this issue of the Virginia Register, serves as the report of findings.
Contact Information: Rebeccah W. Rochet, Deputy Director, Division of Water Permitting, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 801-2950, or email rebeccah.rochet@deq.virginia.gov.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
DEPARTMENT OF HEALTH PROFESSIONS
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Health Professions conducted a periodic review and a small business impact review of 18VAC76-10, Regulations Governing the Health Practitioners' Monitoring Program for the Department of Health Professions, and determined that this regulation should be amended. The department is publishing its report of findings dated November 6, 2023, to support this decision.
This regulation is necessary for the protection of public health, safety, and welfare because it sets forth the program operations and requirements related to the Health Practitioners' Monitoring Program (HPMP). The regulation is necessary to continue operation of HPMP and to continue assisting practitioners dealing with substance abuse and impairment issues who are otherwise safe to practice. This regulation is additionally necessary to protect public health, safety, and welfare by providing a mechanism for oversight of individuals who may not be safe to practice without adequate monitoring. The department has reviewed this chapter and determined that it is clearly written and understandable.
The department has decided to retain and amend this regulation. The statutory requirement for regulations to implement HPMP still exists in the Code of Virginia; therefore the regulation is needed. Additionally, HPMP is used by thousands of practitioners that recognize the need to obtain treatment to continue practicing in a health care field. The department has not received any comments related to this periodic review. The regulation is not complex. The regulation does not overlap, duplicate, or conflict with state or federal law or regulation. This regulation has been amended seven times in the last 20 years
Contact Information: Erin Barrett, Director of Legislative and Regulatory Affairs, Department of Health Professions, Perimeter Center, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 367-4688, or email erin.barrett@dhp.virginia.gov.
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 18VAC90-11, Public Participation Guidelines, and determined that this regulation should be retained as is. The board is publishing its report of findings dated November 14, 2023, to support this decision.
This regulation of the Board of Nursing is necessary for the protection of public health, safety, and welfare because it sets forth procedures for participation of the public in the development of board regulations. Additionally, the regulation is required by statute, and the board has no discretion not to maintain the regulation. The Board of Nursing has reviewed this regulation and determined that it is clearly written and understandable.
The board has decided to retain the regulation without amendment. The public participation guidelines are a model regulation provided by the Department of Planning and Budget. The Department of Planning and Budget has not updated this regulation, therefore the board has not adopted any changes to the regulation.
There have been no complaints received related to this regulation, which is not complex. The regulation does not overlap with any other law. The regulation has not changed since approximately 2017. The board will alter the regulation if and when the Department of Planning and Budget recommends changes to the model regulation.
Contact Information: Jay P. Douglas, R.N., Executive Director, Board of Nursing, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 367-4520, or email jay.douglas@dhp.virginia.gov.
TITLE 22. SOCIAL SERVICES
STATE BOARD OF SOCIAL SERVICES
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Social Services conducted a periodic review and a small business impact review of 22VAC40-670, Degree Requirements for Family Services Occupational Group, and determined that this regulation should be retained as is. The board is publishing its report of findings dated October 18, 2023, to support this decision.
The administrative regulation is necessary for the protection of public health, safety, or welfare of the individuals, families, groups, communities, and organizations that are served. The regulation is clearly written and specifies minimum education and entrance standards regarding persons who can be employed in a position assigned to the Family Services Occupational Group, which provides direct client services. The regulation is consistent with the Federal Standards for a Merit System of Personnel Administration (5 CFR Part 900, Subpart F), specific to recruiting, selecting, and advancing employees on the basis of their relative ability, knowledge, and skills, including open consideration of qualified applicants for initial appointment.
The decision of the Virginia Department of Social Services is to retain the regulation without amendment. The regulation, in its present form, aids in supporting local partners by permitting only qualified employees to enter the Family Services Occupational Group. This regulation supports professional qualifications and standards of those local employees who work in Family Services occupational roles who are providing direct support to families and the community and who work with other local partners external to the local department of social services. It also helps to establish accepted, consistent behavioral conduct of family services professionals in the course of their duties and at different levels of the occupational group. Also, this regulation supports the institution of family and family stability by clarifying that only qualified employees will work with families who need assistance. Changes to these requirements could diminish professional standards.
This regulation applies to the State Board of Social Services adoption of regulation to maintain entrance standards of employees hired and employed by local departments of social services. This regulation is not applicable to small businesses and therefore, will not an impact on small businesses.
Contact Information: Leighann Smigielski, Policy Analyst Senior, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 726-7059, or r.leighann.smigielski@dss.virginia.gov.