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 2VAC5-370, Rules and Regulations for Enforcement of the Virginia Animal Remedies Law, and determined that this regulation should be retained as is. The board is publishing its report of findings dated July 11, 2024, to support this decision.
This regulation is necessary for the protection of public health, safety, and welfare because the requirements in this regulation are needed to administer the provisions of the Animal Remedies Law (§ 3.2-4900 et seq. of the Code of Virginia). The regulation is clearly written and easily understandable. The board recommends that the regulation stay in effect without change. The provisions of this regulation establish general requirements that are consistent with current industry practices and that are not unnecessarily burdensome. The board has determined that this regulation is not unnecessarily complex and that the regulation does not have an economic impact on small businesses. This regulation does not overlap, duplicate, or conflict with federal or state law or regulation. The board has determined that no change in the animal remedy industry has occurred since the board's previous periodic review of this regulation that would necessitate the amendment or repeal of 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, FAX (804) 371-7793, TDD (800) 828-1120, or email david.gianino@vdacs.virginia.gov.
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TITLE 8. EDUCATION
STATE BOARD OF EDUCATION
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Education conducted a periodic review and a small business impact review of 8VAC20-310, Rules Governing Instructions Concerning Drugs and Substance Abuse, and determined that this regulation should be amended. The board is publishing its report of findings dated September 26, 2024, to support this decision.
The regulation is necessary for the protection of public health, safety, and welfare as the regulation establishes and encourages drug prevention programs and counseling for students, families, and school personnel. It is clearly written and easily understandable. The regulation should be amended for clarity and concision, and the board should consider moving the regulation's underlying requirements to 8VAC20-720. There is a continued need for substance abuse education and prevention, as well as counseling, in public schools. No comments were received during the periodic review, and the board is unaware of any complaints concerning the regulation. There does not appear to be any significant overlap between this regulation and state or federal law. The regulation has not been amended since it was promulgated in 1980. There is little to no expected impact on small businesses resulting from this decision.
Contact Information: Jim Chapman, Director of Board Relations, Department of Education, James Monroe Building, 101 North 14th Street, 25th Floor, Richmond, VA 23219, telephone (804) 750-8750, or email jim.chapman@doe.virginia.gov.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Education conducted a periodic review and a small business impact review of 8VAC20-320, Regulations Governing Physical and Health Education, and determined that this regulation should be repealed. The board is publishing its report of findings dated September 26, 2024, to support this decision.
This regulation is not necessary for the protection of public health, safety, and welfare; therefore, the regulation will be repealed. There is not a continued need for the regulation. The board received no comments during the periodic review and is not aware of any complaints concerning the regulation. The regulation is not overly complex. This regulation overlaps with the state law because subsection B of § 22.1-253.13:1 of the Code of Virginia requires the board to promulgate health and physical education Standards of Learning. The regulation has not been amended since it was promulgated in 1995, and it still reflects outdated terminology such as "curriculum guides." The board's decision is expected to have no impact on small businesses.
Contact Information: Jim Chapman, Director of Board Relations, Department of Education, James Monroe Building, 101 North 14th Street, 25th Floor, Richmond, VA 23219, telephone (804) 750-8750, or email jim.chapman@doe.virginia.gov.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Education conducted a periodic review and a small business impact review of 8VAC20-565, Regulations for the Protection of Students as Participants in Human Research, and determined that this regulation should be retained as is. The board is publishing its report of findings dated September 26, 2024, to support this decision.
The regulation is necessary for the protection of public health, safety, and welfare. It is clearly written and easily understandable. The regulation will be retained as is. There is a continued need for the regulation. The board did not receive any comments during the periodic review and is not aware of any complaints concerning the regulation. The regulation is not overly complex. The regulation overlaps with Chapter 5.1 (§ 32.1-162.16 et seq.) of Title 32.1 of the Code of Virginia. The extent of any further overlap with federal or state laws and regulations is currently unknown. The regulation has not been amended since it was promulgated in 1995. The board's decision is expected to have no impact on small businesses.
Contact Information: Jim Chapman, Director of Board Relations, Department of Education, James Monroe Building, 101 North 14th Street, 25th Floor, Richmond, VA 23219, telephone (804) 750-8750, or email jim.chapman@doe.virginia.gov.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Education conducted a periodic review and a small business impact review of 8VAC20-730, Regulations Governing the Collection and Reporting of Truancy-Related Data and Student Attendance Policies, and determined that this regulation should be repealed. The board is publishing its report of findings dated September 26, 2024, to support this decision.
There is not a continued need for this regulation. The regulation is not necessary for the protection of public health, safety, and welfare. The regulation conflicts and overlaps with § 22.1-258 of the Code of Virginia. The regulation also overlaps with 8VAC20-110. The provisions of 8VAC20-730-30 and the definitions for "excused absence," "instructional school day," "truancy," and "unexcused absence" will be moved to 8VAC20-720. The board is currently unaware of any complaints or comments concerning the regulation. The extent of any overlap with federal law is unknown. The regulation was last amended in 2021. The board's decision is not expected to have any economic impact on small business.
Contact Information: Jim Chapman, Director of Board Relations, Department of Education, James Monroe Building, 101 North 14th Street, 25th Floor, Richmond, VA 23219, telephone (804) 750-8750, or email jim.chapman@doe.virginia.gov.
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TITLE 9. ENVIRONMENT
STATE WATER CONTROL 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 regulations are undergoing a periodic review and a small business impact review: 9VAC25-660, Virginia Water Protection General Permit for Impacts Less Than One-Half Acre; 9VAC25-670, Virginia Water Protection General Permit for Facilities and Activities of Utility and Public Service Companies Regulated by the Federal Energy Regulatory Commission or the State Corporation Commission and Other Utility Line Activities; 9VAC25-680, Virginia Water Protection General Permit for Linear Transportation Projects; and 9VAC25-690, Virginia Water Protection General Permit for Impacts from Development and Certain Mining Activities. The Notices of Intended Regulatory Action to amend 9VAC25-660, 9VAC25-670, 9VAC25-680 and 9VAC25-690, which are published in this issue of the Virginia Register, serve as the agency notices of announcement.
Agency Contact: Dave Davis, Office of Wetland and Stream Protection, Department of Environmental Quality, 1111 East Main Street, Suite 1400, Richmond, VA 23219, telephone (804) 698-4105, or email vwppublicnotices@deq.virginia.gov.
Agency Notice
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the following regulation is undergoing a periodic review and small business impact review: 9VAC25-900, Certification of Nonpoint Source Nutrient Credits. 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 the 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 October 21, 2024, and ends November 11, 2024.
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: Derick Winn, Department of Environmental Quality, 1111 East Main Street, Suite 1400, Richmond, VA 23219, telephone (804) 965-4875, or email derick.winn@deq.virginia.gov.