EXECUTIVE ORDER NUMBER SEVENTEEN (2022)
Recognizing the Value of Recycling and Waste Reduction
By virtue of the authority vested in me as Governor, I hereby issue this Executive Order to recognize the value of recycling, to help create new clean technology jobs, and to help stop food waste.
Importance of the Initiative
Americans today recycle less than they did a generation ago, yet there are more opportunities for post-consumer recycled products than ever before. Recycling and reuse activities account for over 750,000 jobs nationwide. Food waste comprises the single largest category of waste by volume disposed of in landfills. We need to conserve our natural resources, reduce the amount of recyclable materials and waste that goes into landfills, and promote new clean energy jobs here in Virginia. Recognizing and promoting the importance of recycling has the potential to positively impact the Commonwealth's environment, providing cleaner air and water, as well as create new clean technology jobs.
Directive
Accordingly, pursuant to the authority vested in me as the Chief Executive Officer of the Commonwealth, and pursuant to Article V of the Constitution of Virginia and the laws of the Commonwealth, I hereby order my administration to take the following actions to address our ideals of environmental stewardship:
1. Recognition of the Value of Recyclable Material
A. State Agency Initiative to Encourage Recycling
It is the policy of the Commonwealth, and all executive branch state agencies, including state institutions of higher education, and their concessioners (Agency or Agencies) to increase awareness of the importance of recycling and better capture recyclable material, as well as encourage the use of post-consumer recycled (PCR) products and biodegradable materials.
In accordance with the State Agency Recycling Initiative, employees of the Commonwealth should be notified of the recyclable material collection areas, including, but not limited to, newspapers, office papers, corrugated boxes, folding cartons, glass containers, plastic bottles, plastic containers, plastic film, and metal cans through clearly visible signage posted in recyclable material collection areas. The signage should include information regarding the value of waste diversion.
It shall be the official responsibility of Agencies to work with the Department of General Services, or building property owners and local waste management companies and recycling facilities, as appropriate, to ensure access to recycling programs that accept all Agency collected materials.
B. Virginia State Parks Plan
The Department of Conservation and Recreation, shall report to the Secretary of Natural and Historic Resources with an assessment plan for a Virginia State Parks Campaign in accordance with the State Agency Recycling Initiative to determine the necessary resources to increase the capacity to capture recyclable materials, including increasing the recycling receptacles in Virginia's State Parks and necessary requests for resources to implement the Virginia State Parks Plan. The campaign should be developed in partnership with the Virginia Green Travel Alliance to promote the parks' recycling initiatives to the public.
2. Making Virginia Home to New Clean Technologies
A. The Waste Diversion and Recycling Task Force shall discuss ways to encourage new recycling related businesses, including collection, processing and manufacturing facilities, to locate in the Commonwealth and include any recommendations in their next report.
B. Within 12 months the Department of Environmental Quality, in conjunction with the Department of Commerce and other stakeholders as appropriate, will produce a report outlining opportunities for attracting PCR product business entities to the Commonwealth. The report shall identify:
1. The waste-stream requirements for PCR companies to locate within the Commonwealth.
2. Identify incentives offered to PCR companies in other States and identify feasible options in the Commonwealth.
3. Identify potential geographic areas within the Commonwealth to focus on new clean technology business development, with particular emphasis in rural areas.
3. Stopping Food Waste
A. Food waste is the single largest substance by volume sent to solid waste sites across Virginia and the United States. While Virginia families are struggling to put food on the table and our farmers are struggling to feed their livestock and fertilize their crops we must divert this waste stream to benefit people and farmers in need.
B. The Department of Environmental Quality in conjunction with the Department of Agriculture and Consumer Services shall work in partnership with large-scale suppliers of food such as food manufacturers, grocery retailers, sports arenas, schools, hotels and banquet facilities to identify appropriate strategies to reduce food waste in their respective sectors by encouraging donations to needy individuals, food for animals or for composting purposes.
4. Annual Report to Increase Transparency
The Department of General Services shall catalog the metric tonnage of the state's recycling program and establish goals by December 31, 2022, for each succeeding year for state agency recycling through 2025.
The Department shall report to the Governor and the Chairs of the House Agriculture, Chesapeake, and Natural Resources Committee and the Senate Agriculture, Conservation, and Natural Resources of the progress of the State Agency Recycling Initiative by no later than December 1, 2022, and each succeeding year.
5. Exclusions
Nothing in this Order shall restrict any Agency from using any items as necessary to respond to any executive action declaring a state of emergency or order of public health emergency that would otherwise be restricted in use by this Order.
This Executive Order rescinds and replaces Executive Order No. 77 (2021) issued by Governor Ralph S. Northam.
Effective Date
This Executive Order shall be effective upon its signing and shall remain in full force and effect unless amended or rescinded by further executive order.
Given under my hand and the Seal of the Commonwealth of Virginia this 7th day of April 2022.
/s/ Glenn Youngkin, Governor
EXECUTIVE ORDER NUMBER 18 (2022)
Designation of Executive Branch Officers and Employees Required to File Financial Disclosure Statements
Importance of the Issue
The State and Local Government Conflict of Interest Act reflects the Commonwealth's steadfast commitment to ensuring that public officers and employees maintain the highest standards of ethical behavior when conducting the business of the Commonwealth, avoiding even the appearance of impropriety arising out of personal economic interests.
Directive
In furtherance of the purposes of the State and Local Government Conflict of Interests Act, Section 2.2-3100 et seq. of the Code of Virginia (hereinafter, "the Act"), and 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 delegate to the Secretary of the Commonwealth the power and duty to implement the Act with respect to Executive Branch agencies, institutions, boards, commissions, councils, and authorities through the following policies and procedures:
1. Each of the Governor's Secretaries and the head of each agency, institution, board, commission, council, and authority within the Executive Branch shall submit to the Office of the Secretary of the Commonwealth on or before October 1, 2022, a report identifying by name and job title the positions that are required to file a Statement of Economic Interests.
By issuance of this Executive Order, the following Executive Branch officers and employees shall file a disclosure form, prescribed in § 2.2-3117:
Office of the Governor
• Secretaries, Deputy Secretaries, and Assistant Secretaries
• Chief and Deputy Officers of Transformation and Diversity, Equitable Opportunity, and Inclusion
• Senior Advisors
•Chief of Staff and Deputy Chief of Staff
• Counsel and Deputy Counsel
• Legislative Director and Deputy Legislative Director
• Policy Director and Deputy Policy Director
• Communications Office
• Scheduling Office
• Policy Analysts
• Designated Special Assistants
Executive Branch Agencies
• Agency Heads, Chief Deputies, and Deputies
• Executive Directors, Directors, and Deputy Directors
• Chief Administrative Officers and Deputies
• Chief Financial Officers and Deputies
• Chief Procurement Officers and Deputies
• Chief Technology Officers and Deputies
• Chief Human Resources Officer
• Legislative Liaisons
Institutions of Higher Education
• Presidents/Vice Presidents/Provosts/Deans
• Any other persons as designated by the institution including those persons with approval authority over contracts or audits
Executive Branch Authorities
• Authorities established within the Executive Branch
• All persons within this group will file the form prescribed in § 2.2-3118, unless required by law to file the form prescribed in § 2.2-3117
Executive Branch Appointees
• All non-salaried citizen members of Executive Branch advisory boards, commissions, councils, and authorities are hereby designated to file the financial disclosure form prescribed in § 2.2-3118
• Appointees to boards or commissions who are salaried, such as the Parole Board, shall file the form prescribed in § 2.2-3117
In addition to the above-mentioned positions that are required to file, the agency's report shall include a list of other senior-level positions with responsibility affecting legislative policies and rule-making authority or substantive authorization and decision-making regarding: (1) policy; (2) contracts and procurement; (3) audits; (4) licensure; (5) inspections and investigations; and (6) investments or other financial matters.
2. From the reports submitted, the Secretary of the Commonwealth shall maintain a comprehensive list of officers and employees, including their position titles, who shall be designated to file the statement of economic interests. The Secretary of the Commonwealth may add or delete positions on the list.
3. The head of each agency, institution, board, commission, council, and authority within the Executive Branch shall be responsible for ensuring that designated officers and employees file their statements of economic interests in accordance with § 2.2-3114 of the Code of Virginia. This includes obtaining a statement of economic interests from each new officer or employee so long as the officer or employee is hired for a position previously designated and ensuring that appropriate additions to and deletions from the list of those designated to file are recommended to the Secretary in a timely fashion. Agency heads shall also be responsible for ensuring that appropriate employees receive the necessary orientation on the State and Local Government Conflict of Interests Act in accordance with the provisions of § 2.2-3128 of the Code of Virginia.
Effective Date
This Executive Order shall be effective upon its signing and shall remain in full force and effect until June 30, 2026, unless amended or rescinded by further executive order. Given under my hand and under the Seal of the Commonwealth of Virginia this 30th day of June, 2022.
/s/ Glenn Youngkin, Governor
EXECUTIVE ORDER NUMBER 19 (2022)
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, §§ 2.2-103, 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 in this Executive Order for all rulemakings and other regulatory activity. These policies and procedures shall apply in addition to those already specified in the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia), agencies' public participation guidelines, and agencies' basic authorizing statutes.
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. 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, provide standing for any person under Article 5 of the Administrative Process Act, or otherwise challenge the actions of a government entity responsible for adopting or reviewing regulations.
Preamble
Regulations are essential to a best in class state government. They are necessary to provide needed explanation and direction of our Commonwealth's laws to our citizens and businesses. Without regulations, the legislature would be forced to draft even more complex laws. However, our regulatory requirements have expanded to encompass almost every facet of our daily lives. Oftentimes these requirements are layered upon the citizens of the Commonwealth without regard to the existing regulatory burdens imposed by prior regulations from the issuing agency or other agencies. Additionally the regulatory process has grown cumbersome, taking on average two to three years to issue a new regulation.
Currently, many regulatory agencies are exempt from the Virginia Administrative Process Act review process and approximately half of all regulatory actions are also exempt. While the Commonwealth operates a Regulatory Town Hall for regulatory information, not all agencies utilize the website. Most importantly, no standard cost/benefit analysis is conducted on proposed regulations to ensure that our citizens are receiving the best in class government they deserve. Instead, a more limited economic impact analysis is conducted within an abbreviated timeframe.
In order to provide a consistent regulatory approach and review across the entire government, I am creating an Office of Regulatory Management within the Office of the Governor. This new Office will work to ensure that all regulations are reviewed for their impact on local governments, and regulated community and most importantly the private citizens of our Commonwealth. The Office will work to help streamline the regulatory process and provide important institutional controls. An important function of the Office will be to work with each regulatory agency to review all existing regulations, which is required once every four years but has not been consistently or uniformly achieved, to reduce the overall regulatory burden on the public.
Applicability
The policies and procedures in this Executive Order apply to state agencies in the manner described herein.
Rulemakings initiated by executive branch agencies in accordance with Article 2 of the Administrative Process Act shall follow the procedures in the Executive Branch Review process set forth by the Office of Regulatory Management as directed below.
Executive branch rulemakings that are exempt from Article 2 of the Administrative Process Act are required to use the Executive Branch Review process, and all such exempt rulemakings must be posted on the Virginia Regulatory Town Hall according to instructions issued by the Department of Planning and Budget.
All executive branch agencies, including agencies and regulations with a full or partial exemption from either Article 1 or Article 2 of the Administrative Process Act, must comply with the requirements of this Executive Order pertaining to other regulatory activity, including petitions for rulemaking; meeting notices, agendas and minutes; the periodic review of existing regulations; and guidance documents. These other regulatory activities must be posted on the Virginia Regulatory Town Hall.
Actions
As Governor of Virginia, I hereby instruct and delegate:
1. The Office of Regulatory Management should establish its own policies and procedures for regulatory review consistent with the laws of Virginia and as approved by the Chief of Staff and Governor by July 30th 2022.
2. These policies and procedures from the ORM should include:
a. The oversight and implementation of a 25% reduction in regulatory requirement;
b. The oversight and implementation of the streamlining of the regulatory/permitting approval processes of all agencies to achieve a substantial shortening of the time required for an approval [or rejection]; and
c. The increased transparency of all state executive branch regulations by requiring the posting on Townhall.Virginia.Gov of all regulatory stages and an enhanced regulatory package including benefit-cost analysis and other impact analysis.
3. All executive branch agencies shall prepare a unified regulatory plan by July 1st of each year that lists all anticipated rulemaking activities during the subsequent state fiscal year.
Effective Date of the Executive Order
This executive order replaces EO 14 (as amended, July 16, 2018) issued by Governor Ralph S. Northam, which expires on today's date. The policies and procedures which are adopted by the Office of Regulatory Management shall establish the regulatory review process. This Executive Order amends Executive Order No. 14 (Executive Directive 1 issued by Governor Glenn Youngkin on January 15, 2022, is hereby amended and reenacted to require a 25 percent reduction in regulatory requirements instead of a reduction in regulations. This Executive Order shall become effective on July 1, 2022, and shall remain in full force and effect until June 30, 2026, unless amended or rescinded by further executive order. These policies and procedures shall apply to all rulemaking actions and other regulatory activity initiated on or after July 1, 2022.
Given under my hand and under the Seal of the Commonwealth of Virginia on this 30th day of June, 2022.
/s/ Glenn Youngkin, Governor