18VAC15-30 Virginia Lead-Based Paint Activities Regulations

REGULATIONS

Vol. 31 Iss. 20 - June 01, 2015

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

VIRGINIA BOARD FOR ASBESTOS, LEAD, AND HOME INSPECTORS

Chapter 30

Fast-Track Regulation

Title of Regulation: 18VAC15-30. Virginia Lead-Based Paint Activities Regulations (amending 18VAC15-30-163).

Statutory Authority: §§ 54.1-201 and 54.1-501 of the Code of Virginia.

Public Hearing Information: No public hearings are scheduled.

Public Comment Deadline: July 1, 2015.

Effective Date: August 1, 2015.

Agency Contact: Trisha Henshaw, Executive Director, Virginia Board for Asbestos, Lead, and Home Inspectors, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone [phone], FAX [phone], or email [e-mail].

Basis: Section 54.1-201 A 5 of the Code of Virginia states that the board has the power and duty "To promulgate regulations in accordance with the Administrative Process Act (§ 2.2-4000 et seq.) necessary to assure continued competency, to prevent deceptive or misleading practices by practitioners and to effectively administer the regulatory system administered by the regulatory board."

Section 54.1-501 of the Code of Virginia provides the authority for the board to promulgate regulations for the licensure of lead professionals and firms, approval of accredited lead training programs, and approval of criteria for accredited lead training programs. The content of the regulations is pursuant to the board's discretion, but shall not be in conflict with the purposes of the statutory authority.

Purpose: An error was discovered in the renewal fee section of the Virginia Lead-Based Paint Activities Regulations (18VAC15-30) that inadvertently referred to the accredited "asbestos" training program approval instead of the accredited "lead" training program approval. The amendment corrects the error to avoid any possible confusion by lead training providers attempting to renew an accredited lead training program approval, which is in the best interest of the public health, safety, and welfare.

Rationale for Using Fast-Track Process: The fast-track rulemaking process is being used to implement this amendment as soon as possible to avoid any possible confusion by lead training providers attempting to renew an accredited lead training program approval. This action is noncontroversial because no current procedures or processes will change. Lead training providers are currently renewing their approved lead training programs.

Substance: The proposed amendment to 18VAC15-30-163 corrects the terminology for the renewal of an accredited lead training program approval.

Issues: The primary advantage to the public, businesses, and the Commonwealth for implementing this change is to avoid any possible confusion by lead training providers attempting to renew an accredited lead training program approval. No disadvantages to either the public or the Commonwealth have been identified.

Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. The Board for Asbestos, Lead, and Home Inspectors (Board) proposes to correct a language error in this regulation.

Result of Analysis. The benefits likely exceed the costs for all proposed changes.

Estimated Economic Impact. The current regulation incorrectly lists renewal for accredited lead training program approval as renewal for accredited asbestos training program approval. The Board proposes to correct this mistake by replacing the word asbestos with the word lead. According to the Department of Professional and Occupational Regulation, lead training providers have been renewing their approved lead training programs. Nevertheless, the proposed language correction is potentially beneficial in that it will reduce the possibility of confusion among readers of the regulation.

Businesses and Entities Affected. The proposed amendment concerns the 72 accredited lead training programs and the 14 related training providers in the Commonwealth. All 14 training providers are small businesses.¹

Localities Particularly Affected. The proposed amendment does not disproportionately affect particular localities.

Projected Impact on Employment. The proposed amendments will not significantly affect employment.

Effects on the Use and Value of Private Property. The proposed amendment is unlikely to significantly affect the use and value of private property.

Small Businesses: Costs and Other Effects. The proposed amendment is unlikely to significantly affect small businesses.

Small Businesses: Alternative Method that Minimizes Adverse Impact. The proposed amendment will not adversely affect small businesses.

Real Estate Development Costs. The proposed amendment is unlikely to significantly affect real estate development costs.

Legal Mandate. General: The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Code of Virginia and Executive Order Number 17 (2014). Section 2.2-4007.04 requires that such economic impact analyses determine the public benefits and costs of the proposed amendments. Further the report should include but not be limited to:

• the projected number of businesses or other entities to whom the proposed regulatory action would apply,

• the identity of any localities and types of businesses or other entities particularly affected,

• the projected number of persons and employment positions to be affected,

• the projected costs to affected businesses or entities to implement or comply with the regulation, and

• the impact on the use and value of private property.

Small Businesses: If the proposed regulatory action will have an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include:

• an identification and estimate of the number of small businesses subject to the proposed regulation,

• the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the proposed regulation, including the type of professional skills necessary for preparing required reports and other documents,

• a statement of the probable effect of the proposed regulation on affected small businesses, and

• a description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed regulation.

Additionally, pursuant to § 2.2-4007.1, if there is a finding that a proposed regulation may have an adverse impact on small business, the Joint Commission on Administrative Rules is notified at the time the proposed regulation is submitted to the Virginia Register of Regulations for publication. This analysis shall represent DPB's best estimate for the purposes of public review and comment on the proposed regulation.

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¹ Data source: Department of Professional and Occupational Regulation

Agency's Response to Economic Impact Analysis: The agency concurs with the economic impact analysis completed by the Department of Planning and Budget.

Summary:

The amendment corrects terminology for the renewal of an accredited lead training program approval by changing the word "asbestos" to "lead."

18VAC15-30-163. Renewal and late renewal fees.

Renewal and late renewal fees are as follows:

Fee Type	Fee Amount	When Due
Renewal for worker, supervisor, inspector, risk assessor or project designer license	$25	With renewal application
Renewal for lead contractor's license	$40	With renewal application
Renewal for accredited asbestos lead training program approval	$100	With renewal application
Late renewal for worker, supervisor, inspector, risk assessor or project designer license (includes a $25 late renewal fee in addition to the regular $25 renewal fee)	$50	With renewal application
Late renewal for lead contractor's license (includes a $25 late renewal fee in addition to the regular $40 renewal fee)	$65	With renewal application
Late renewal for accredited lead training program approval (includes a $25 late renewal fee in addition to the regular $100 renewal fee)	$125	With renewal application

VA.R. Doc. No. R15-4133; Filed May 5, 2015, 4:58 p.m.