GOVERNOR

EXECUTIVE ORDER NUMBER ELEVEN (2018)

The Way Ahead for Virginia's Children: Establishing the Children's Cabinet

Importance of the Initiative

Virginia has a distinguished record as one of the best states for children and families. This national recognition is the result of substantial investments in education, health care, public safety, and a vibrant business environment that promotes job growth, employment opportunities, and career advancement.

However, complex challenges still exist for children in Virginia. Current research shows a child's environment and experiences from 0-5 years old have a dramatic influence on brain development and, ultimately, school readiness. One-third of Virginia kindergartners may not be fully ready for school and lack the appropriate social, self-regulation, literacy, or math skills based on a recent Joint Legislative Audit Review study. Nearly 500,000 children in Virginia do not have access to fresh or healthy food. Children who are food-insecure are in poorer health and are more likely to be developmentally at-risk than their peers. Finally, at least 19% of children in Virginia have endured two or more adverse childhood experiences: traumatic events linked to risky health behaviors, chronic health conditions, low life potential, and early death.

These particular challenges require collaboration from a wide range of state and local agencies, like education, health, human services, public safety, and the courts. In order to improve children's services in these areas, we need leaders at the highest levels of state government to direct and prioritize the resources and activities that will have the greatest impact on improving the lives of our children.

Establishment of the Cabinet

Accordingly, by virtue of the authority vested in me as Governor under Article V of the Constitution of Virginia and under the laws of the Commonwealth, and subject to my continuing and ultimate authority and responsibility to act in such matters, I hereby establish Virginia's Children's Cabinet ('Children's Cabinet').

Children's Cabinet

The Children's Cabinet shall work to develop a set of goals, identify strategies, and measure impact and outcomes related to the priorities described below. It shall encourage state agencies to collaborate across government and non-governmental entities on collective goals and support efforts to collect and share data to track outcome metrics and inform future policy. In addition, it shall evaluate and recommend ways to optimize and align local, state, and federal resources, and public-private partnerships to enhance current and prospective programs and services for Virginia's children and their families, particularly those at higher risk. It shall also identify best practices and areas for improvement.

Children's Cabinet Priorities

A. Early Childhood Development and School Readiness

A child's early experiences are lifelong determinants of health and well-being. Current research shows that the years from birth to school age are critically important for brain development. Many of the risks for the diseases of adult life are, in part shaped by learning, coping, and decision-making skills that are set in the earliest years. These skills determine whether children will be successful in school and, ultimately, in life.

In recognition of the scientific importance of these early years, the Children's Cabinet will encourage state agencies involved in providing health and education services to children and families to leverage new and current strategies to achieve the following goals:

1. Promote healthy pregnancies and social supports to new mothers and families for the first few years of a child's life

Healthy pregnancies are the foundation of a strong start for children. In 2014, one out of eleven babies was born pre-term in Virginia. The Commonwealth ranks 14th in the nation in terms of premature births. In order to provide a strong start for all children, we must ensure access to quality and affordable prenatal care, and education about maternal health and nutrition. The need for health care, education, and social supports does not end at birth. We must expand family support programs that teach safe sleep practices and parenting skills to promote healthy child development, implement policies that support women in breastfeeding, and strengthen economic supports to families.

2. Ensure that early childhood education is affordable, accessible, and of high quality everywhere in the Commonwealth

The path to success in school begins before a child enters the classroom. Families, communities, and schools play critical roles in helping children prepare for school. Because two out of three Virginia children live in families in which all parents work, we must work to build a durable, innovative, and effective early childhood system in Virginia. The Children's Cabinet will evaluate whether our current structure governing early childhood education and services promotes collaboration and efficiency, explore ways to make high quality early childhood education more accessible and affordable, and make recommendations for building a strong early childhood educator workforce.

B. Nutrition and Food Security

Children who do not have sufficient food do not perform well in school and are more likely to suffer from physical and mental health issues. Food insecurity among children is associated with lower math and reading scores in kindergarten through third grade, a higher likelihood of repeating a grade, behavioral problems, higher hospitalization rates, and higher rates of chronic health conditions. Similarly, pregnant women who are food insecure are at higher risk of miscarriages, birth defects, and premature birth. The Children's Cabinet will explore whether state agencies governing agriculture and food nutrition programs can leverage new and current strategies to achieve the following goals:

1. Expand access to nutritious food and decrease food insecurity for pregnant women

It is essential that women have access to nutritious food before, during, and after pregnancy. The Children's Cabinet shall strategize ways to increase nutrition and food security for pregnant and post-partum women, especially low-income women. This includes, but is not limited to, increasing utilization of the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) among eligible families.

2. Expand access to nutritious food and decrease food insecurity for children

Childhood nutrition and food security is key to healthy childhood development. The Children's Cabinet will support the work of state agencies to, among other strategies, expand access to school breakfast and meals after school, support innovation in summer meal programs, and streamline eligibility for free meals.

3. Promote community-based food systems to increase access to healthy, local foods

It is critical for Virginians, especially children, to have access to nutritious, affordable, and locally-sourced foods to enable them to thrive, learn, and succeed. The Children's Cabinet will encourage the development of innovative models to provide increased access to healthy foods focusing on areas classified as food deserts. These strategies include, but are not limited to, promoting urban agriculture initiatives, farmer's markets, farm to school, and local food systems to encourage a diversifying Virginia agricultural economy.

C. Systems of Care and Safety for School-Aged Youth

Virginia's children are increasingly experiencing a complex set of environmental, health, and public safety related challenges that affect their ability to develop into thriving young adults. It is estimated that at least one in five of Virginia's children exhibit symptoms of mental health disorders and 19% of children in Virginia have experienced two or more adverse childhood experiences. Additionally, Virginia's annual school safety audit indicates that half of all threats reported to K-12 threat assessment teams involve threats of harm to self. Unfortunately, fewer than half of our youth receive the care they need. Because our youth spend a substantial amount of time in schools, we must equip the professionals who regularly interface with them to recognize and intervene as soon as concerning behaviors appear. Recognizing the need to support the health and safety of children, the Children's Cabinet will leverage strategies to achieve the following goals:

1. Develop recommendations to enhance student safety

Virginia is a national leader in school safety and has a consistent record of adopting innovative legislation, such as mandated threat assessments in K-12 schools and annual school safety audits, and implementing robust training programs for school personnel and school resource officers. We must continue to adapt and respond to new and emerging challenges affecting the safety of our communities, schools, and children. Our work must be grounded in the concept that trusting relationships between adults and youth are the foundation to ensuring the safety of our students. The Children's Cabinet will assemble school personnel, public safety officials, mental health professionals, and other community partners to make recommendations to the Governor by October 1, 2018. These recommendations will include enhancing information sharing and effectiveness of threat assessments teams; assessing the role, prevalence, and training of school resource and school security officers; evaluating existing ratios and staffing levels for school support staff; and identifying opportunities to expand training to a variety of personnel.

2. Support a consistent, evidence-based, and culturally-competent statewide response to childhood trauma

Adverse childhood experiences are serious childhood traumas that result in toxic stress and harm a child's brain and development. These traumas have a tremendous impact on future victimization, and lifelong health and opportunity. The Children's Cabinet will seek to coordinate efforts across state agencies, with external stakeholders and local communities to foster systems that provide a consistent trauma-informed response to children with adverse childhood experiences and build resiliency of individuals and communities.

Composition of the Children's Cabinet

The First Lady of the Commonwealth of Virginia will chair the Children's Cabinet. The remaining members of the Children's Cabinet will be appointed by the Governor, including the Lieutenant Governor and the Secretaries of Agriculture and Forestry, Education, Health and Human Resources, and Public Safety and Homeland Security. The Chair may invite other secretaries to participate as needed and appropriate.

Staffing

Staff support for the Children's Cabinet will be provided by the secretariats and offices represented in the cabinet. The Children's Cabinet will serve in an advisory role, in accordance with § 2.2-2100 of the Code of Virginia, and will meet upon the call of the Chair at least four times per year. The Children's Cabinet will issue an annual report by no later than May 1, 2019, and any additional reports and recommendations as necessary or requested by the Governor.

Effective Date of the Executive Order

This Executive Order shall be effective for one year after its signing.

Given under my hand and under the Seal of the Commonwealth of Virginia, this 21st day of June, 2018.

/s/ Ralph S. Northam
Governor

EXECUTIVE ORDER NUMBER TWELVE (2018)

Parental Leave for Commonwealth Employees

Importance of the Initiative

The Commonwealth of Virginia is the best place to work, live, and raise a family because of its commitment to providing opportunities for success in both the workplace and at home. The creation of this leave policy will not only provide benefits for children and parents, but also strengthen the Commonwealth's ability to recruit and retain a talented workforce.

Research shows paid time-off provides benefits for both children and parents. Access to parental leave has a positive impact on children's health and development and decreases infant mortality rates. For parents, paid time-off increases the likelihood they will return to the labor force and benefits health and well-being.

The Commonwealth's employees are dedicated public servants. They work hard to keep Virginia strong. The creation of this leave policy will provide them with the support they need in the workplace and at home. The paid parental leave policy is in addition to other leave benefits available to Commonwealth employees, such as Virginia Sickness and Disability Program leave (VSDP), sick leave, annual leave, and leave under the federal Family Medical Leave Act (29 USC §§ 2601-2654).

Parental Leave for Employees of the Commonwealth

By virtue of the authority vested in me as Governor under Article V of the Constitution of Virginia and under the laws of the Commonwealth, I hereby authorize the creation of Paid Parental Leave for employees of executive branch agencies (Agencies) in the Commonwealth under the following parameters:

1. A classified or at-will employee who has been employed by the Commonwealth for a minimum of twelve (12) consecutive months is eligible for parental leave (Eligible Employee).

2. Following the birth, adoption, or foster placement of a child younger than 18 years of age:

• An Eligible Employee will receive eight (8) weeks (320 hours) of parental leave; and

• If both parents are Eligible Employees, each shall receive parental leave, which may be taken concurrently, consecutively, or at different times.

3. Parental leave shall be taken within six (6) months following the birth, adoption, or foster placement of the child.

4. Parental leave shall only be taken once in a 12-month period and only once per child.

5. Parental leave shall be provided at 100% of the Eligible Employee's regular salary.

6. Parental leave shall not be counted against an Eligible Employee's annual or sick leave.

7. Legal holidays listed in § 2.2-3300 of the Code of Virginia shall not be counted against parental leave.

8. Parental leave shall run concurrently with leave provided under the Family and Medical Leave Act, if the employee is eligible.

9. Parental leave may run concurrently or sequentially with VSDP, if the employee is eligible for VSDP.

The Department of Human Resource Management (DHRM or Department) shall establish policy and guidance documents to support implementation of this Executive Order.

Exceptions for Classified and At-Will Employees

Requests for exceptions to this policy must be directed to the Eligible Employee's Human Resource Manager. If the Human Resource Manager at the Agency level approves the exception, then a request must be made to DHRM for final approval. DHRM will then notify the Human Resource Manager of its decision. The Human Resource Manager will subsequently inform the Eligible Employee of the final decision reached by DHRM and will process the leave request accordingly.

Agency Reporting

On July 1, 2019, and every July 1 thereafter, the Human Resource Manager for each Agency shall submit to DHRM a report regarding the usage of parental leave by Agency employees for the preceding fiscal year. The report shall be in a form and contain such data as prescribed by the Department.

Effective Date of the Executive Order

This Executive Order shall be effective upon signing and shall remain in full force and effect unless amended or rescinded by further executive order.

Given under my hand and under the Seal of the Commonwealth of Virginia this 25th Day of June, 2018.

/s/ Ralph S. Northam
Governor

EXECUTIVE ORDER NUMBER THIRTEEN (2018)

Establishing the Governor's Advisory Commission on Quality Child Care and Education

Importance of the Issue

As Governor of the Commonwealth of Virginia, I am committed to ensuring the prosperity of Virginia. The Commonwealth employs approximately 100,000 employees. Many of these employees play a critically-important role outside of their working hours – that of a parent. These employees work hard to secure a future that is bright and full of opportunity for their children. The Commonwealth should ensure a supportive work environment where employees can work toward the success of their families and the Commonwealth.

Currently, state employees across the Commonwealth struggle with the access to and affordability of quality early care and learning environments for their children. Childhood is a time of development and discovery for parent and child alike. Having a reliable, safe, and nurturing environment where young children can grow and explore individual potential is key to a parent's ability to be a productive member of the workforce. In order to compete to recruit and retain talented young employees, the Commonwealth must support state employees' ability to access and afford early care and learning for their children.

Establishment and Composition of the Commission

Thus, by virtue of the authority vested in me as Governor, under Article V of the Constitution of Virginia and §§ 2.2-134, 2.2-135 and 2.2-2100 of the Code of Virginia, and subject to my continuing and ultimate authority and responsibility to act in such matters, I hereby establish the Virginia Advisory Commission on Quality Child Care and Education (Commission). Focusing on an area that reflects the highest concentration of the state government's labor force, the Commission will explore the feasibility of providing an evidence-based early care and learning program for young children of state employees working on and around Capitol Square in Richmond.

The Commission's membership shall be appointed by the Governor and co-chaired by the Secretaries of Education and Health and Human Resources or their designees (Co-Chairs). Membership shall also consist of the following:

• A representative from the Office of the First Lady;

• The Secretary of Administration or her designee;

• Two members from the House of Delegates, as recommended by the Speaker of the House;

• One member from the Senate, as recommended by the President pro tempore of the Senate; and

• Experts in early childhood education and development, as appointed by the Governor.

The Governor may appoint other members deemed necessary to carry out the assigned functions of the Commission. The Commission will meet upon the call of the Co-Chairs and will issue a report regarding their findings and recommendations no later than November 1, 2019, and any additional reports and recommendations as necessary or as requested by the Governor.

Staff support for the Commission will be provided by the Secretary of Education, the Secretary of Health and Human Resources, the Office of the Governor, and any other agencies or offices as may be designated by the Governor. An estimated 100 hours of staff time will be required to support the work of the Commission.

Our workforce is only as strong, resilient, and adaptive as we enable it to be. It is my hope that the Commission's findings and recommendations will be shared to promote best practices across the Commonwealth. More particularly, by seeking to nurture the growth of our children, while assisting their parents in managing a work-life balance, I hope the Commonwealth sets an example – an example other government and private sector employers will follow by exploring such opportunities for their employees.

Effective Date

This Executive Order shall be effective upon signing and shall remain in full force and effect for a year from its signing, unless amended or rescinded by further executive order.

Given under my hand and under the Seal of the Commonwealth of Virginia this 26th day of June, 2018.

/s/ Ralph S. Northam
Governor

EXECUTIVE ORDER NUMBER FOURTEEN (2018)

Development and Review of State Agency Regulations

Importance of the Initiative

By virtue of the authority vested in me as Governor under Article V of the Constitution of the Commonwealth of Virginia and under the laws of the Commonwealth, including, but not limited to, § 2.2-4013 and § 2.2-4017 of the Code of Virginia, and subject to my continuing and ultimate authority and responsibility to act in such matters, I hereby establish policies and procedures for the review of all new regulations and changes to existing regulations proposed by state agencies, which shall include for purposes of this Executive Order all agencies, boards, commissions, and other entities of the Commonwealth within the executive branch that are authorized to promulgate regulations. Nothing in this Executive Order shall be construed to limit my authority under the Code of Virginia, including to require an additional 30-day public comment period, file a formal objection to a regulation, suspend the effective date of a regulation with the concurrence of the applicable body of the General Assembly, or to exercise any other rights and prerogatives existing under Virginia law.

Acronyms and Definitions

The following acronyms and definitions are set out here for ease of use and represent only a summary of terms and acronym s related to the regulatory review process. More detailed descriptions and definitions can be found throughout the Administrative Process Act (APA), § 2.2-4000, et seq. of the Code of Virginia.

ABD – Agency Background Document. An ABD is a form completed by agencies and uploaded on the Virginia Regulatory Town Hall (Town Hall) for each regulatory stage in order to describe and explain the regulatory action. The form for each stage is available on the Town Hall.

APA – Administrative Process Act, § 2.2-4000, et seq. of the Code of Virginia. Article 2 of the APA contains provisions on how regulations are to be promulgated in Virginia.

Day – All references to a day mean a calendar day.

DPB – Virginia Department of Planning and Budget. DPB houses the Economic and Regulatory Analysis Division (ERAD), which reviews regulatory proposals for economic and policy impact and manages the Town Hall website.

EIA – Economic Impact Analysis. An EIA is prepared by DPB and evaluates the estimated costs and benefits of a regulatory proposal.

Emergency rulemaking process – This process is invoked (1) when there is an emergency situation as determined by the agency and the Governor agrees that an emergency regulation is necessary, or (2) when a Virginia statutory law or the appropriation act or federal law or federal regulation requires that a state regulation be effective in 280 days or less from its enactment.

Executive branch review – The review of a regulatory proposal at various stages by the executive branch before it is published in the Virginia Register of Regulations and available for public comment. The scope of review depends on the stage type, e.g., a proposed stage is reviewed by: the Office of the Attorney General (OAG), DPB, the appropriate Cabinet Secretary, and the Governor.

Exempt rulemaking process – Agency actions that are exempt from the promulgation requirements of Article 2 of the APA can generally be adopted and filed directly with the Office of the Registrar of Regulations (Registrar) and are not subject to executive branch review.

Fast-track rulemaking process – This process may be utilized for rules that are expected to be noncontroversial.

Legislative mandate – When a law is passed by the General Assembly that requires a regulation to be promulgated, amended, or repealed in whole or part.

NOIRA – Notice of Intended Regulatory Action. A NOIRA is the first stage in the standard rulemaking process in Virginia.

OAG – Office of the Attorney General. The OAG must review regulatory proposals at the emergency stage, the fast-track stage, and the proposed stage. In addition, the OAG must review a proposal at the final stage if there have been changes with substantial impact made since the proposed stage.

Register – The Virginia Register of Regulations is an official legal publication that provides information about proposed and final changes to Virginia's regulations. The Registrar is responsible for publication of the Register.

RIS – Regulation Information System. The RIS is a web-enabled application operated by the Registrar and is used by agencies to create text for regulatory proposals. This text is then synchronized on the Town Hall website for display to all Town Hall users.

Rulemaking or regulatory process – There are four types of rulemaking processes in Virginia: (1) emergency, (2) fast-track, (3) standard, and (4) exempt.

Standard rulemaking process – This is the default rulemaking process in Virginia. If a regulatory proposal does not meet the criteria for exempt, fast-track, or emergency rulemaking, it goes through the standard rulemaking process, generally consisting of three stages: NOIRA, proposed, and final.

Town Hall – The Virginia Regulatory Town Hall website. The Town Hall is managed by DPB and used by agencies to post regulatory proposals and to facilitate the regulatory review process. The site features public comment forums, meeting information, and an email notification service.

VAC – Virginia Administrative Code. The VAC is the official legal publication for regulations in Virginia.

General Policy

The executive branch agencies of the Commonwealth must consider, review, and promulgate numerous regulations each year. This Executive Order sets out procedures and requirements to ensure the efficiency and quality of Virginia's regulatory process. All state employees who draft, provide policy analysis for, or review regulations shall carefully consider and apply the principles outlined below during the regulatory development and review process.

General Principles

A. All regulatory activity should be undertaken with the least possible intrusion into the lives of the citizens of the Commonwealth and be necessary to protect the public health, safety, and welfare. Accordingly, agencies shall consider:

1. The use of economic incentives to encourage the desired outcomes (such as user fees or marketable permits);

2. The use of information disclosure requirements, rather than regulatory mandates, so that the public can make more informed choices;

3. The use of performance standards in place of mandating specific techniques or behavior; and

4. The consideration of reasonably available alternatives in lieu of regulation.

B. Where applicable, and to the extent permitted by law, it shall be the policy of the Commonwealth that only regulations necessary to interpret the law or to protect the public health, safety, or welfare shall be promulgated.

C. Regulations shall be clearly written and easily understandable.

D. Regulations shall be designed to achieve their intended objective in the most efficient, cost effective manner.

Regulatory Development

A. Regulatory development shall be based on the best reasonably available and reliable scientific, economic, and other information concerning the need for, and consequences of, the intended regulation. Agencies shall specifically cite the best reasonably available and reliable scientific, economic, and other information in support of regulatory proposals.

B. Regulatory development shall be conducted in accordance with the statutory provisions related to impact on small businesses. D PB shall work with state agencies to address these requirements during the regulatory review process, including notifications as appropriate to the Joint Commission on Administrative Rules.

C. During regulatory development, agencies shall consider the impact on existing and potential Virginia employers and their ability to maintain and increase the number of jobs in the Commonwealth, as well as the cost of compliance to the general public.

Public Participation

A. Agencies shall actively seek input for proposed regulations from interested parties, stakeholders, citizens, and members of the General Assembly.

B. In addition to requirements established in Article 2 of the APA, agencies shall post all rulemaking actions on the Town Hall to ensure that the public is adequately informed of rulemaking activities.

C. All legal requirements related to public participation and all public participation guidelines shall be strictly followed to ensure that citizens have reasonable access and opportunity to present their comments and concerns. Agencies shall inform interested persons of (1) the Town Hall's email notification service that can send information regarding the specific regulations, regulatory actions, and meetings about which they are interested, and (2) the process to submit comments in the Town Hall public comment forums. Agencies shall establish procedures that provide for a timely written response to all comments and the inclusion of suggested changes that would improve the quality of the regulation.

Other

A. Agencies, as well as reviewing entities, shall endeavor to perform their tasks in the regulatory process as expeditiously as the regulatory subject matter will allow and shall adhere to the timeframes set out in this Executive Order.

B. Regulations will be subject to periodic evaluation, review, and modification, as appropriate, in accordance with the APA, policy initiatives of the Governor, and legislation.

C. Each agency head will be held accountable for ensuring that the policies and objectives specified in this Executive Order are put into effect. Agency heads shall ensure that information requested by DPB, the appropriate Cabinet Secretary, or the Office of the Governor, in connection with this Executive Order, is provided on a timely basis. Incomplete regulatory packages may be returned to the appropriate agency by DPB.

Applicability

The review process in this Executive Order applies to rulemakings initiated by agencies of the Commonwealth of Virginia in accordance with Article 2 of the APA.

With the exception of the requirements governing the periodic review of existing regulations, the posting of meeting agenda and minutes, and the posting of guidance documents, agencies and agency regulatory action exempt from Article 2 of the APA are not subject to the requirements of this Executive Order. Nonetheless, the Governor, a Cabinet Secretary, or the Chief of Staff may request in writing that an agency comply with all or part of the requirements of this Executive Order for regulations exempt from Article 2 of the APA. Copies of such requests shall be forwarded to the Governor's Policy Office and DPB. In addition, a Cabinet Secretary may request in writing that certain Article 2 exempt regulations be further exempted from all or part of the requirements of this Executive Order.

These procedures shall apply in addition to those already specified in the APA, the agencies' public participation guidelines, and the agencies' basic authorizing statutes. As of June 30, 2018, these procedures shall apply to all regulatory actions and stages that have been submitted to DPB for any stage of executive branch review.

Any failure to comply with the requirements set forth herein shall in no way affect the validity of a regulation, create any cause of action or provide standing for any person under Article 5 of the APA (§ 2.2-4025 et seq. of the Code of Virginia), or otherwise challenge the actions of a government entity responsible for adopting or reviewing regulations.

Regulatory Review Process

Regulations shall be subject to executive branch review as specified herein. All agency regulatory packages shall be submitted via the Town Hall. For each stage of the regulatory development process, agencies shall complete and post the applicable ABD on the Town Hall to describe the regulatory action and inform the public about the substance and reasons for the rulemaking. Agencies shall ensure that the correct regulatory text is synchronized with the appropriate stage information page on the Town Hall.

If a regulatory package is submitted to DPB, and DPB determines that the package is not substantially complete, then DPB shall notify the agency within 10 days. At that time, the agency must withdraw the package from the Town Hall and resubmit the package only after all missing elements identified by DPB have been added. Agencies shall submit regulatory packages to the Registrar for publication on the Town Hall within 14 days of being authorized to do so.

In rulemakings where there are two or more stages, the filing of each subsequent stage shall be submitted on the Town Hall as expeditiously as the subject matter allows and no later than 180 days after the conclusion of the public comment period for the prior stage. If this deadline is not met, it shall be reported to the appropriate Cabinet Secretary in an end of year report further described below.

A. Standard Rulemaking Process

1. Notice of Intended Regulatory Action (NOIRA) Stage

The NOIRA shall include the nature and scope of the regulatory changes being considered and the relevant sections of the Virginia Administrative Code. This package shall include draft regulatory text if it is available.

DPB shall review the NOIRA to determine whether it complies with all requirements of this Executive Order and applicable statutes and whether the contemplated regulatory action comports with the policy of the Commonwealth as set forth herein. Within 14 days of receiving a complete NOIRA review package from the agency, the Director of DPB shall advise the appropriate Secretary and the Governor of DPB's determination. If the Director of DPB advises the appropriate Secretary and the Governor that the NOIRA presents issues requiring further review, the NOIRA shall be forwarded to the Secretary. The Secretary shall review the NOIRA within 14 days and forward a recommendation to the Governor. If DPB does not find issues requiring further review, the agency shall be authorized to submit the NOIRA to the Registrar for publication when the Governor approves the NOIRA for publication.

The Chief of Staff to the Governor is hereby authorized to approve or disapprove NOIRAs on behalf of the Governor. Public comments received following publication of the NO IRA should be encouraged and carefully considered in developing the proposed stage of a regulatory proposal.

2. Proposed Stage

Following the initial public comment period required by § 2.2-4007.01 of the Code of Virginia, and taking into account the comments received, the agency shall prepare a regulatory review package.

At this stage, the proposed regulation and regulatory review package shall be in as close to final form as possible, including completed review by all appropriate regulatory advisory panels or negotiated rulemaking panels. New issues that were not disclosed to the public when the NOIRA was published shall not be addressed at the proposed stage.

The order of executive branch review shall be as follows:

a. OAG. The OAG will conduct a review of the proposed regulation and produce a memorandum assessing the agency's legal authority to promulgate the regulation. The OAG may also provide any advice, recommendations, or other comments for consideration by the Governor with respect to the proposed regulation. After the OAG has completed its review, the package will be submitted to DPB.

b. DPB. DPB shall review the proposed regulatory package to determine whether it complies with all requirements of this Executive Order, applicable statutes, and other policies of the Commonwealth. Per § 2.2-4007.04 of the Code of Virginia, within 45 days of receiving a complete regulatory review package, the Director of DPB shall prepare a policy analysis and EIA before advising the appropriate Secretary and the Governor of the results of the review.

c. Cabinet Secretary. The Secretary shall review the proposed regulation package within 14 days and forward a recommendation to the Governor.

d. Governor. The Chief of Staff to the Governor is hereby authorized to approve or disapprove proposed regulations on behalf of the Governor.

Revised Proposed Stage (Optional)

Following the proposed stage public comment period, required by § 2.2-4007.03 of the Code of Virginia, the agency may wish to make additional changes and/or receive additional public comment by publishing a revised proposed regulation. The order of executive branch review for the revised proposed stage shall be as follows:

A. OAG. The OAG will conduct a review of the revised proposed regulation and produce a memorandum assessing the agency's legal authority to promulgate the regulation. The OAG may also provide any advice, recommendations, or other comments for consideration by the Governor with respect to the revised proposed regulation. After the OAG has completed its review, the package will be submitted to DPB.

B. DPB. DPB shall review the revised proposed regulatory package to determine whether it complies with all requirements of this Executive Order, applicable statutes, and other policies of the Commonwealth.  Within 21 days of receiving a complete regulatory package, the Director of DPB shall prepare a policy analysis and EIA before advising the appropriate Secretary and the Governor of the results of the review.

C. Cabinet Secretary. The Secretary shall review the revised proposed regulation package within 14 days and forward a recommendation to the Governor.

D. Governor. The Chief of Staff to the Governor is hereby authorized to approve or disapprove revised proposed regulations on behalf of the Governor.

3. Final Stage

Following the public comment period required by § 2.2-4007.03 of the Code of Virginia and taking into account all comments received since the last stage was published, the rulemaking entity shall revise the proposed regulation.

If any change with substantial impact - as determined by DPB - has been made to the regulatory text between the proposed and final stages, the agency shall obtain a letter from the OAG certifying that the agency has authority to make the additional changes.

The order of executive branch review shall be as follows:

a. DPB. DPB shall review the final stage package to determine whether it complies with all requirements of this Executive Order, applicable statutes, and other policies of the Commonwealth. In particular, DPB shall assess the effect of any substantive changes made since the publication of the proposed regulation and the responsiveness of the agency to public comment. Within 14 days of receiving a complete final regulation package from the agency, the Director of DPB shall prepare a policy analysis before advising the appropriate Secretary and the Governor of the results of the review.

b. Cabinet Secretary. The Secretary shall review the final stage regulation package within 14 days and forward a recommendation to the Governor.

c. Governor. The Chief of Staff to the Governor is hereby authorized to approve or disapprove proposed final regulations on behalf of the Governor.

B. Fast-Track Rulemaking Process

The fast-track rulemaking process is for rules that are expected to be noncontroversial.

DPB shall review the fast-track regulation to determine whether the regulatory change is appropriately within the intended scope of fast-track regulatory authority, whether it complies with all other requirements of this Executive Order and applicable statutes, and whether the contemplated regulatory action comports with the policy of the Commonwealth. DPB shall request the Governor's office to determine if the fast-track process is appropriate when there is any question as to whether a package should be allowed to proceed in this manner. The Governor shall retain discretion to disapprove use of the fast-track rulemaking process when the Governor determines use of this process is not in the public interest, the determination of which shall be at the sole discretion of the Governor.

After a fast-track regulation has been submitted on the Town Hall, executive branch review will proceed as follows:

1. OAG. The OAG will conduct a review of the proposed fast-track regulation and produce a memorandum assessing the agency's legal authority to promulgate the regulation. The OAG may also provide any advice, recommendations, or other comments for consideration by the Governor with respect to the fast-track regulation. After the OAG has completed its review, the package will be submitted to DPB.

2. DPB. DPB shall determine within 10 days or less whether the regulatory package is appropriate for the fast-track rulemaking process and communicate this decision to the agency. After a package has been determined to be appropriate for the fast-track process, the Director of DPB shall have 30 days to prepare a policy analysis and EIA before advising the appropriate Secretary and the Governor of the results of the review.

3. Cabinet Secretary. The Secretary shall review the fast-track regulation package within 14 days and forward a recommendation to the Governor.

4. Governor. The Chief of Staff to the Governor is hereby authorized to approve or disapprove fast-track regulations on behalf of the Governor.

C. Emergency Rulemaking Process

Emergency regulations may be promulgated by an agency if it determines there is an emergency situation, consults with the OAG, and obtains the approval of the Governor. Emergency regulations may also be promulgated in situations in which Virginia statutory law or the appropriation act or federal law or federal regulation requires that a state regulation be effective in 280 days or less from its enactment and the regulation is not exempt from the APA.

If the agency plans to replace the emergency regulation with a permanent regulation, it should file an Emergency/NOIRA stage. The order of executive branch review shall be as follows:

1. OAG. The OAG will conduct a review of the proposed emergency regulation and produce a memorandum assessing the agency's legal authority to promulgate the regulation. The OAG may also provide any advice, recommendations, or other comments for consideration by the Governor with respect to the proposed emergency regulation. After the OAG has completed its review, the package will be submitted to DPB.

2. DPB. DPB shall review the proposed emergency regulatory package to determine whether it complies with all requirements of this Executive Order, applicable statutes, and other policies of the Commonwealth. Within 10 days of receiving a complete emergency regulation package from the agency, the Director of DPB shall prepare a policy analysis before advising the appropriate Secretary and the Governor of the results of the review.

3. Cabinet Secretary. The Secretary shall review the proposed emergency regulation package within 10 days and forward a recommendation to the Governor.

4. Governor. The Chief of Staff to the Governor is hereby authorized to approve or disapprove emergency regulations on behalf of the Governor.

An emergency regulation shall be effective for up to 18 months and may be extended for up to an additional six months if, despite the rulemaking entity's best efforts, a permanent replacement regulation cannot become effective before it expires. If an agency wishes to extend an emergency regulation beyond its initial effective period, the agency shall submit an emergency extension request to the Governor's Office via the Town Hall as soon as the need for the extension is known and no later than 30 days before the emergency regulation is set to expire. The emergency extension request must be granted prior to the expiration date of the emergency regulation, pursuant to § 2.2-4011(D) of the Code of Virginia.

Periodic Review of Existing Regulations

Every existing state regulation shall be reviewed at least once every four years by the promulgating agency, unless specifically exempted from periodic review by the Governor. A periodic review shall include notice to the public, a public comment period (minimum of 21 days), and a result to be announced no later than 60 days after the close of the public comment period.

The review shall ensure that each regulation complies with the principles set out in this Executive Order. In addition, each periodic review shall include an examination by the OAG to ensure statutory authority for the regulation and that the regulation does not exceed the agency's rulemaking authority. Agencies shall cooperate with reviews of regulations by the OAG, including, but not limited to, reasonable requests for data and other supporting information as may be necessary to conduct the review.

The periodic review must be conducted on the Town Hall and may be accomplished either during the course of a comprehensive regulatory action using the standard rulemaking process, or (2) by using the periodic review feature as follows:

A. During the course of a comprehensive rulemaking using the standard regulatory process. If the agency already plans to undertake a standard regulatory action, the agency can fulfill the periodic review requirement by including a notice of a periodic review in the NOIRA. When the proposed stage is submitted for executive branch review, the ABD shall include the result of the periodic review. When a regulation has undergone a comprehensive review as part of a regulatory action and when the agency has solicited public comment on the regulation, a periodic review shall not be required until four years after the effective date of the regulatory action.

B. Using the periodic review feature. If, at the time of the periodic review, the agency has no plans to begin a comprehensive rulemaking using the standard rulemaking process, then the agency shall use the periodic review feature to announce and report the result of a periodic review. If the result of the periodic review is to amend the regulation, the agency shall link the periodic review with the subsequent action to amend the regulation. If the result is to retain the regulation as is, the agency shall so indicate using the appropriate Town Hall form.

In addition to the procedures described above, the Governor may request a periodic review of a regulation at any time deemed appropriate. Such a request may outline specific areas to be addressed in the review. In the case of such a request, the agency shall follow the procedures for periodic review as established herein or such other procedures as may be stipulated by the Governor.

Petitions for Rulemaking

Agencies shall post petitions for rulemaking and decisions to grant or deny the petitions on the Town Hall, in accordance with the timeframes established in § 2.2-4007 of the Code of Virginia.

Regulatory Timeframe Deadlines

If an agency fails to meet any regulatory timeframe deadlines set forth below, it shall submit a report to its Cabinet Secretary and DPB no later than December 31 of the year in which the timeframe deadline is not met. This report shall include the Town Hall action and stage number, as well as an explanation of why the timeframe deadline was not met. The report must contain the following missed regulatory timeframe deadlines:

A. For regulatory actions that have multiple stages, the period between the close of a public comment period and when the next stage is submitted on the Town Hall shall not exceed 180 days.

B. Agencies have 14 days to submit a regulatory package to the Register once they have been authorized to do so.

Electronic Availability of Meeting Agenda and Minutes

Executive branch agencies shall post the notice of, and agenda for, a public regulatory meeting on the Town Hall at least 7 days prior to the date of the meeting, except if it is necessary to hold an emergency meeting in which case the agenda shall be posted as soon as possible.

In addition, agencies that promulgate regulations and keep minutes of regulatory meetings shall post such minutes of those meetings on the Town Hall in accordance with the timeframes established in § 2.2-3707 and § 2.2-3707.1 of the Code of Virginia.

Legislative Mandates

By July 1 of each year, agencies shall post on the Town Hall all legislative mandates for rulemaking activity required by the most recent session of the General Assembly. The agency shall then link each legislative mandate with the regulatory action that implements the mandate.

Electronic Availability of Guidance Documents

Agencies shall post all guidance documents or a link to each agency guidance document, as defined by § 2.2-4001 of the Code of Virginia, on the Town Hall. Any changes to a guidance document or a guidance document link shall be reflected on the Town Hall within 10 days of the change.

Effective Date of the Executive Order

This Executive Order rescinds and replaces Executive Order Number 17 (2014) issued by Governor Terence R. McAuliffe. This Executive Order s hall become effective on June 29, 2018, and shall remain in full force and effect until July 16, 2018, unless amended or rescinded by further executive order.

Given under my hand and under the Seal of the Commonwealth of Virginia on this 29th day of June, 2018.

/s/ Ralph S. Northam
Governor