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2011 Regulatory 2011 Regulatory Coordinator Coordinator

TrainingTrainingGuiding you throughGuiding you through

everything that’s new.everything that’s new.

Sponsored by the Virginia Department of Planning and Budget on 7/29/2011

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Trivia Tidbit:Trivia Tidbit:World’s longest World’s longest

rulemaking?rulemaking? In 1978, the FDA proposed a new In 1978, the FDA proposed a new rule on sunscreen labels. When rule on sunscreen labels. When was the final rule published? was the final rule published?

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Trivia TidbitTrivia Tidbit

1982?1982?

1992?1992?

2002?2002?

Later?Later?

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Trivia TidbitTrivia Tidbit

Answer: June 17, 2011. Answer: June 17, 2011.

Only 33 years!Only 33 years!

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Virginia Rulemaking Virginia Rulemaking TidbitsTidbits

Virginia Regulatory Town Hall: Virginia Regulatory Town Hall: Has 10,471 registered public users. Has 10,471 registered public users.

(6/2011)(6/2011) Has logged almost 17,000 comments, Has logged almost 17,000 comments,

nearly 8,000 relating to carrying hand nearly 8,000 relating to carrying hand guns in state forests. (6/2011)guns in state forests. (6/2011)

The regulatory review structure of The regulatory review structure of Virginia government scored in the top 7 Virginia government scored in the top 7 of all states. of all states. -- -- Institute for Policy Integrity at NYU School Institute for Policy Integrity at NYU School of Law. (11/2010)of Law. (11/2010)

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Road MapRoad Map

IntroductionsIntroductions New law -- legislative mandatesNew law -- legislative mandates New law -- small business impact review New law -- small business impact review Town Hall improvements & tipsTown Hall improvements & tips Executive branch review information & Executive branch review information &

tipstips Jeff Palmore, Governor’s officeJeff Palmore, Governor’s office Q & AQ & A

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New law affecting New law affecting legislative mandateslegislative mandates

Chapter 464, 2011 Acts of AssemblyChapter 464, 2011 Acts of Assembly

What is a legislative mandate for What is a legislative mandate for regulations?regulations?

How a mandate is implemented How a mandate is implemented How the new law has changed How the new law has changed

implementationimplementation How to manage this process on the Town How to manage this process on the Town

HallHall

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What is a legislative What is a legislative mandate?mandate?

A legislative mandate occurs when a A legislative mandate occurs when a new Virginia law has been enacted new Virginia law has been enacted that means a regulation must be that means a regulation must be amended, promulgated or repealed. amended, promulgated or repealed.

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How a legislative mandate can How a legislative mandate can be implemented through be implemented through

rulemakingrulemaking Emergency regulationEmergency regulation Fast-track regulationFast-track regulation Exempt regulationExempt regulation** Standard rulemakingStandard rulemaking**

**These are now subject to filing These are now subject to filing deadlines as explained in a moment deadlines as explained in a moment

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New law affecting New law affecting legislative mandates legislative mandates

Chapter 464, 2011 Acts of Assembly, Chapter 464, 2011 Acts of Assembly, Part I: Part I:

There is now a deadline for There is now a deadline for implementing a legislative mandate implementing a legislative mandate where the agency has no discretion.where the agency has no discretion.

In this case, the regulation (usually a In this case, the regulation (usually a final exempt stage) must be filed with final exempt stage) must be filed with the Virginia Registrar within the Virginia Registrar within 90 days90 days of the law's effective date.of the law's effective date.

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New law affecting New law affecting legislative mandateslegislative mandates

Chapter 464, 2011 Acts of Assembly, Part Chapter 464, 2011 Acts of Assembly, Part II:II:

There is now a deadline for There is now a deadline for implementing legislative mandates implementing legislative mandates where the agency decides to use the where the agency decides to use the standard rulemaking process. standard rulemaking process.

In this case, the NOIRA must be In this case, the NOIRA must be filedfiled with the Registrar within with the Registrar within 120 days120 days of of the law's effective date.the law's effective date.

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How to implement How to implement legislative mandates on the legislative mandates on the

Town HallTown Hall

First, why they’re on the Town Hall: First, why they’re on the Town Hall: To help you manage your workloadTo help you manage your workload To allow you, the patrons of the To allow you, the patrons of the

legislation, and other interested legislation, and other interested parties to see the implementation of parties to see the implementation of a mandate from start to finish. a mandate from start to finish.

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Recommended strategy to Recommended strategy to comply with this new lawcomply with this new law

Normally, a Virginia law goes into effect Normally, a Virginia law goes into effect on July 1, however, on July 1, however, you are encouraged to you are encouraged to file the NOIRA as soon as the Governor file the NOIRA as soon as the Governor signs the bill into lawsigns the bill into law. .

This will increase the chance that it will This will increase the chance that it will get through executive review and be filed get through executive review and be filed with the Registrar within 120 days of the with the Registrar within 120 days of the law's effective date. law's effective date.

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How the Town Hall will How the Town Hall will assist youassist you

DPB is planning to modify the Town DPB is planning to modify the Town Hall so that an email reminder is Hall so that an email reminder is sent to you 60 days before the sent to you 60 days before the deadline to file the NOIRA with the deadline to file the NOIRA with the Registrar. DPB will contact you Registrar. DPB will contact you once this function is operational. once this function is operational.

In order for DPB to send you this In order for DPB to send you this

reminder, your legislative mandate reminder, your legislative mandate must be uploaded on Town Hall.must be uploaded on Town Hall.

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New law affecting New law affecting small business impact small business impact

reviewreviewChapters 241 and 315, 2011 Acts of Assembly, Chapters 241 and 315, 2011 Acts of Assembly,

clarify the process for completing the review of clarify the process for completing the review of existing regulations to minimize the economic existing regulations to minimize the economic impact on small businesses (small business impact on small businesses (small business impact review).impact review).

This legislation was recommended by the Virginia This legislation was recommended by the Virginia Code Commission based on a report of the Code Commission based on a report of the Administrative Law Advisory Committee Administrative Law Advisory Committee (ALAC).(ALAC).

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Small business impact review required elements

(Not new)Per COV Section 2.2-4007.1.F, the review shall

include consideration of whether: 1. The rule is still needed; 2. There have been complaints or comments

received concerning the regulation from the public;

3. The regulation is unduly complex; 4. The regulation overlaps, duplicates, or conflicts

with federal or state law or regulation; and 5. Technology, economic conditions, or other

factors have changed in the area affected by the regulation.

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New law affecting New law affecting small business impact small business impact

reviewreviewChapters 241 and 315, 2011 Acts of Chapters 241 and 315, 2011 Acts of

Assembly:Assembly:

1. 1. change the small business impact review change the small business impact review requirement from five years to requirement from five years to four yearsfour years (to conform to how often the Governor (to conform to how often the Governor requires a periodic review of a regulation), requires a periodic review of a regulation),

2. 2. add a requirement to publish a notice of add a requirement to publish a notice of the review and report of the findings in the review and report of the findings in the the Virginia Register of RegulationsVirginia Register of Regulations and and post the notice and report of the post the notice and report of the findings on the Town Hall, findings on the Town Hall,

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New law affecting New law affecting small business impact small business impact

reviewreviewMore details about this legislation:More details about this legislation:

3. provide for a 21-day public comment 3. provide for a 21-day public comment period after publication of the notice, and period after publication of the notice, and 

4. for regulations adopted on or before July 4. for regulations adopted on or before July 1, 2010, add a requirement to publish a 1, 2010, add a requirement to publish a certification statement in the certification statement in the Register of Register of RegulationsRegulations and on the Town Hall should and on the Town Hall should the small business impact review not be the small business impact review not be completed within the required timeframe.  completed within the required timeframe. 

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Complying with new lawComplying with new law

Check to see if your regulations are Check to see if your regulations are due for a periodic review/small due for a periodic review/small business impact review.business impact review.

If so, start a periodic review/small If so, start a periodic review/small business impact review on the Town business impact review on the Town Hall for each regulation due. Hall for each regulation due.

No later than 60 days after the close No later than 60 days after the close of the public comment forum, post the of the public comment forum, post the review result on the Town Hall.review result on the Town Hall.

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New law regarding New law regarding small business impact small business impact

reviewreview

If you need to post a certification If you need to post a certification statement stating that more time is statement stating that more time is needed to complete a review, use needed to complete a review, use the the General NoticeGeneral Notice feature on the feature on the Town Hall Town Hall

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Town Hall Public Comment Policy

Public comment policy is currently being revised in light of continuing problems with SPAM.

See handout for latest draft. Your feedback is encouraged.

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Town Hall improvementsTown Hall improvements

The processing of requests to extend The processing of requests to extend emergency regulations are now all onlineemergency regulations are now all online

The processing of time frame waiver The processing of time frame waiver requests will also be all online soon. We requests will also be all online soon. We will notify you when this feature is will notify you when this feature is operational. operational.

The process of suspending a final stage is The process of suspending a final stage is more clear & a public comment forum is more clear & a public comment forum is now opened to receive additional now opened to receive additional comment. comment.

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Town Hall TipsTown Hall Tips

Finding info more quickly:Finding info more quickly:

Type stage or action # into the search box. Type stage or action # into the search box. (Every event on the website has an (Every event on the website has an identifying # so please note this # when identifying # so please note this # when you’re communicating with DPB about an you’re communicating with DPB about an issue.)issue.)

Use “Filter Options” in the top right hand Use “Filter Options” in the top right hand corner of Town Hall pages to find corner of Town Hall pages to find information. information.

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Town Hall TipsTown Hall Tips

You can modify the titles of a You can modify the titles of a regulation/VAC chapter on the Town regulation/VAC chapter on the Town Hall any timeHall any time

You can change the title of a You can change the title of a regulatory action any timeregulatory action any time

If a regulation has been repealed, be If a regulation has been repealed, be sure to note this in the title of the sure to note this in the title of the regulation on Town Hall, i.e., regulation on Town Hall, i.e., [Repealed] [Repealed]

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Rulemaking strategyRulemaking strategy

Consider making permanent an Consider making permanent an emergency regulation through the emergency regulation through the fast-track process if the permanent fast-track process if the permanent replacement regulation is not replacement regulation is not expected to be controversial. expected to be controversial.

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Executive branch reviewExecutive branch review

The best way to prompt this Governor’s The best way to prompt this Governor’s office to process a regulatory package office to process a regulatory package more quickly is to contact your Cabinet more quickly is to contact your Cabinet Secretary’s office. Secretary’s office.

If the package is still in the Cabinet If the package is still in the Cabinet Secretary’s office, the package can be Secretary’s office, the package can be marked as “urgent.”marked as “urgent.”

If the package is in the Gov.’s office, the If the package is in the Gov.’s office, the Secretary’s office may call/email the Secretary’s office may call/email the Governor’s office.Governor’s office.

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DPB policy reviewDPB policy review

Occurs at every stage. Occurs at every stage.

Concerned with EO 14 criteria.Concerned with EO 14 criteria.

Note regarding DPB review Note regarding DPB review result:result:

Recommended with agreement to address Recommended with agreement to address issues at next stageissues at next stage

New DPB review result:New DPB review result: Issues but agency has little or no discretion Issues but agency has little or no discretion

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DPB economic impact DPB economic impact analysesanalyses

Are concerned about potential costs Are concerned about potential costs and benefits of proposed regulations.and benefits of proposed regulations.

Are conducted at the proposed stage Are conducted at the proposed stage of a standard rulemaking and when a of a standard rulemaking and when a fast-track regulation is being fast-track regulation is being promulgated. promulgated.

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Executive review – other Executive review – other infoinfo

Please emphasize to your contacts Please emphasize to your contacts for regulatory actions that they need for regulatory actions that they need to respond to DPB emails/phone to respond to DPB emails/phone calls promptly. calls promptly.

DPB Policy analysts/Economists may DPB Policy analysts/Economists may have a few more words herehave a few more words here

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Take AwaysTake Aways

File NOIRAs to implement 2011 legislative File NOIRAs to implement 2011 legislative mandates now.mandates now.

Check regulations to see if they are due for a Check regulations to see if they are due for a review (periodic and/or small business impact) review (periodic and/or small business impact)

Use new Town Hall forms (These will be Use new Town Hall forms (These will be updated soon. We will contact you when this updated soon. We will contact you when this has been done.)has been done.)

Call Cabinet Secretary if you need expedited Call Cabinet Secretary if you need expedited action on a regulation under review by the Sec. action on a regulation under review by the Sec. or Gov.’s officeor Gov.’s office

Call DPB with any questions. Call DPB with any questions.

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Q & AQ & A

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Special thanksSpecial thanks

To DMME Reg Coordinator, Mike To DMME Reg Coordinator, Mike Skiffington, for helping to make this Skiffington, for helping to make this presentation more fun! presentation more fun!