1. 1 2011 Regulatory Coordinator Training Guiding you through everything that’s new. Sponsored by the Virginia Department of Planning and Budget on 7/29/2011

2. 2 Trivia Tidbit: World’s longest rulemaking? In 1978, the FDA proposed a new rule on sunscreen labels. When was the final rule published?

3. 3 Trivia Tidbit 1982? 1982? 1992? 1992? 2002? 2002? Later? Later?

4. 4 Trivia Tidbit Answer: June 17, 2011. Answer: June 17, 2011. Only 33 years! Only 33 years!

5. 5 Virginia Rulemaking Tidbits Virginia Regulatory Town Hall: Has 10,471 registered public users. (6/2011) Has 10,471 registered public users. (6/2011) Has logged almost 17,000 comments, nearly 8,000 relating to carrying hand guns in state forests. (6/2011) Has logged almost 17,000 comments, nearly 8,000 relating to carrying hand guns in state forests. (6/2011) The regulatory review structure of Virginia government scored in the top 7 of all states. -- Institute for Policy Integrity at NYU School of Law. (11/2010)

6. 6 Road Map Introductions Introductions New law -- legislative mandates New law -- legislative mandates New law -- small business impact review New law -- small business impact review Town Hall improvements & tips Town Hall improvements & tips Executive branch review information & tips Executive branch review information & tips Jeff Palmore, Governor’s office Jeff Palmore, Governor’s office Q & A Q & A

7. 7 New law affecting legislative mandates Chapter 464, 2011 Acts of Assembly What is a legislative mandate for regulations? What is a legislative mandate for regulations? How a mandate is implemented How a mandate is implemented How the new law has changed implementation How the new law has changed implementation How to manage this process on the Town Hall How to manage this process on the Town Hall

8. 8 What is a legislative mandate? A legislative mandate occurs when a new Virginia law has been enacted that means a regulation must be amended, promulgated or repealed.

9. 9 How a legislative mandate can be implemented through rulemaking Emergency regulation Emergency regulation Fast-track regulation Fast-track regulation Exempt regulation* Exempt regulation* Standard rulemaking* Standard rulemaking* *These are now subject to filing deadlines as explained in a moment

10. 10 New law affecting legislative mandates Chapter 464, 2011 Acts of Assembly, Part I: There is now a deadline for implementing a legislative mandate where the agency has no discretion. There is now a deadline for implementing a legislative mandate where the agency has no discretion. In this case, the regulation (usually a final exempt stage) must be filed with the Virginia Registrar within 90 days of the law's effective date. In this case, the regulation (usually a final exempt stage) must be filed with the Virginia Registrar within 90 days of the law's effective date.

11. 11 New law affecting legislative mandates Chapter 464, 2011 Acts of Assembly, Part II: There is now a deadline for implementing legislative mandates where the agency decides to use the standard rulemaking process. There is now a deadline for implementing legislative mandates where the agency decides to use the standard rulemaking process. In this case, the NOIRA must be filed with the Registrar within 120 days of the law's effective date. In this case, the NOIRA must be filed with the Registrar within 120 days of the law's effective date.

12. 12 How to implement legislative mandates on the Town Hall First, why they’re on the Town Hall: To help you manage your workload To help you manage your workload To allow you, the patrons of the legislation, and other interested parties to see the implementation of a mandate from start to finish. To allow you, the patrons of the legislation, and other interested parties to see the implementation of a mandate from start to finish.

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16. 16 Recommended strategy to comply with this new law Normally, a Virginia law goes into effect on July 1, however, you are encouraged to file the NOIRA as soon as the Governor signs the bill into law. Normally, a Virginia law goes into effect on July 1, however, you are encouraged to file the NOIRA as soon as the Governor signs the bill into law. This will increase the chance that it will get through executive review and be filed with the Registrar within 120 days of the law's effective date. This will increase the chance that it will get through executive review and be filed with the Registrar within 120 days of the law's effective date.

17. 17 How the Town Hall will assist you DPB is planning to modify the Town Hall so that an email reminder is sent to you 60 days before the deadline to file the NOIRA with the Registrar. DPB will contact you once this function is operational. In order for DPB to send you this reminder, your legislative mandate must be uploaded on Town Hall.

18. 18 New law affecting small business impact review Chapters 241 and 315, 2011 Acts of Assembly, clarify the process for completing the review of existing regulations to minimize the economic impact on small businesses (small business impact review). This legislation was recommended by the Virginia Code Commission based on a report of the Administrative Law Advisory Committee (ALAC).

19. 19 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.

20. 20 New law affecting small business impact review Chapters 241 and 315, 2011 Acts of Assembly: 1. change the small business impact review requirement from five years to four years (to conform to how often the Governor requires a periodic review of a regulation), 2. add a requirement to publish a notice of the review and report of the findings in the Virginia Register of Regulations and post the notice and report of the findings on the Town Hall,

21. 21 New law affecting small business impact review More details about this legislation: 3. provide for a 21-day public comment period after publication of the notice, and 3. provide for a 21-day public comment period after publication of the notice, and 4. for regulations adopted on or before July 1, 2010, add a requirement to publish a certification statement in the Register of Regulations and on the Town Hall should the small business impact review not be completed within the required timeframe. 4. for regulations adopted on or before July 1, 2010, add a requirement to publish a certification statement in the Register of Regulations and on the Town Hall should the small business impact review not be completed within the required timeframe.

22. 22 Complying with new law Check to see if your regulations are due for a periodic review/small business impact review. Check to see if your regulations are due for a periodic review/small business impact review. If so, start a periodic review/small business impact review on the Town Hall for each regulation due. If so, start a periodic review/small business impact review on the Town Hall for each regulation due. No later than 60 days after the close of the public comment forum, post the review result on the Town Hall. No later than 60 days after the close of the public comment forum, post the review result on the Town Hall.

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30. 30 New law regarding small business impact review If you need to post a certification statement stating that more time is needed to complete a review, use the General Notice feature on the Town Hall

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33. 33 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.

34. 34 Town Hall improvements The processing of requests to extend emergency regulations are now all online The processing of requests to extend emergency regulations are now all online The processing of time frame waiver requests will also be all online soon. We will notify you when this feature is operational. The processing of time frame waiver requests will also be all online soon. We will notify you when this feature is operational. The process of suspending a final stage is more clear & a public comment forum is now opened to receive additional comment. The process of suspending a final stage is more clear & a public comment forum is now opened to receive additional comment.

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38. 38 Town Hall Tips Finding info more quickly: Type stage or action # into the search box. (Every event on the website has an identifying # so please note this # when you’re communicating with DPB about an issue.) Type stage or action # into the search box. (Every event on the website has an identifying # so please note this # when you’re communicating with DPB about an issue.) Use “Filter Options” in the top right hand corner of Town Hall pages to find information. Use “Filter Options” in the top right hand corner of Town Hall pages to find information.

39. 39 Town Hall Tips You can modify the titles of a regulation/VAC chapter on the Town Hall any time You can modify the titles of a regulation/VAC chapter on the Town Hall any time You can change the title of a regulatory action any time You can change the title of a regulatory action any time If a regulation has been repealed, be sure to note this in the title of the regulation on Town Hall, i.e., [Repealed] If a regulation has been repealed, be sure to note this in the title of the regulation on Town Hall, i.e., [Repealed]

40. 40 Rulemaking strategy Consider making permanent an emergency regulation through the fast-track process if the permanent replacement regulation is not expected to be controversial.

41. 41 Executive branch review The best way to prompt this Governor’s office to process a regulatory package more quickly is to contact your Cabinet Secretary’s office. If the package is still in the Cabinet Secretary’s office, the package can be marked as “urgent.” If the package is still in the Cabinet Secretary’s office, the package can be marked as “urgent.” If the package is in the Gov.’s office, the Secretary’s office may call/email the Governor’s office. If the package is in the Gov.’s office, the Secretary’s office may call/email the Governor’s office.

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43. 43 DPB policy review Occurs at every stage. Concerned with EO 14 criteria. Note regarding DPB review result: Recommended with agreement to address issues at next stage New DPB review result: Issues but agency has little or no discretion

44. 44 DPB economic impact analyses Are concerned about potential costs and benefits of proposed regulations. Are concerned about potential costs and benefits of proposed regulations. Are conducted at the proposed stage of a standard rulemaking and when a fast-track regulation is being promulgated. Are conducted at the proposed stage of a standard rulemaking and when a fast-track regulation is being promulgated.

45. 45 Executive review – other info Please emphasize to your contacts for regulatory actions that they need to respond to DPB emails/phone calls promptly. Please emphasize to your contacts for regulatory actions that they need to respond to DPB emails/phone calls promptly. DPB Policy analysts/Economists may have a few more words here DPB Policy analysts/Economists may have a few more words here

46. 46 Take Aways File NOIRAs to implement 2011 legislative mandates now. File NOIRAs to implement 2011 legislative mandates now. Check regulations to see if they are due for a review (periodic and/or small business impact) Check regulations to see if they are due for a review (periodic and/or small business impact) Use new Town Hall forms (These will be updated soon. We will contact you when this has been done.) Use new Town Hall forms (These will be updated soon. We will contact you when this has been done.) Call Cabinet Secretary if you need expedited action on a regulation under review by the Sec. or Gov.’s office Call Cabinet Secretary if you need expedited action on a regulation under review by the Sec. or Gov.’s office Call DPB with any questions. Call DPB with any questions.

47. 47 Q & A

48. 48 Special thanks To DMME Reg Coordinator, Mike Skiffington, for helping to make this presentation more fun! To DMME Reg Coordinator, Mike Skiffington, for helping to make this presentation more fun!