{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/2.2-4007.04.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/2.2-4007.04.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/2.2-4007.04.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/2.2-4007.04.html"}],"law_id":79050,"edition_id":1,"section_id":79050,"structure_id":13410,"section_number":"2.2-4007.04","catch_line":"Economic impact analysis","history":"2007, cc. 316, 561, 873, 916; 2015, c. 608; 2017, cc. 483, 493, 599.","full_text":"A\n\nBefore delivering any proposed regulation under consideration to the Registrar as required in \u00a7 2.2-4007.05, the agency shall submit on the Virginia Regulatory Town Hall a copy of that regulation to the Department of Planning and Budget. In addition to determining the public benefit, the Department of Planning and Budget in coordination with the agency shall, within 45 days, prepare an economic impact analysis of the proposed regulation, as follows:1\n\nThe economic impact analysis shall include but need not be limited to the projected number of businesses or other entities to which the regulation would apply; the identity of any localities and types of businesses or other entities particularly affected by the regulation; the projected number of persons and employment positions to be affected; the impact of the regulation on the use and value of private property, including additional costs related to the development of real estate for commercial or residential purposes; and the projected costs to affected businesses, localities, or entities of implementing or complying with the regulations, including the estimated fiscal impact on such localities and sources of potential funds to implement and comply with such regulation. A copy of the economic impact analysis shall be provided to the Joint Commission on Administrative Rules; and2\n\nIf the regulation may have an adverse effect on small businesses, the economic impact analysis shall also include (i) an identification and estimate of the number of small businesses subject to the regulation; (ii) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the regulation, including the type of professional skills necessary for preparing required reports and other documents; (iii) a statement of the probable effect of the regulation on affected small businesses; and (iv) a description of any less intrusive or less costly alternative methods of achieving the purpose of the regulation. As used in this subdivision, “small business” has the same meaning as provided in subsection A of § 2.2-4007.1.B\n\nIn the event the Department cannot complete an economic impact statement within the 45-day period, it shall advise the agency and the Joint Commission on Administrative Rules as to the reasons for the delay. In no event shall the delay exceed 30 days beyond the original 45-day period.C\n\nAgencies shall provide the Department with such estimated fiscal impacts on localities and sources of potential funds. The Department may request the assistance of any other agency in preparing the analysis. The Department shall deliver a copy of the analysis to the agency drafting the regulation, which shall comment thereon as provided in § 2.2-4007.05, a copy to the Registrar for publication with the proposed regulation, and an electronic copy to each member of the General Assembly. No regulation shall be promulgated for consideration pursuant to § 2.2-4007.05 until the impact analysis has been received by the Registrar. For purposes of this section, the term “locality, business, or entity particularly affected” means any locality, business, or entity that bears any identified disproportionate material impact that would not be experienced by other localities, businesses, or entities. The analysis shall represent the Department’s best estimate for the purposes of public review and comment on the proposed regulation. The accuracy of the estimate shall in no way affect the validity of the regulation, nor shall any failure to comply with or otherwise follow the procedures set forth in this subsection create any cause of action or provide standing for any person under Article 5 (§ 2.2-4025 et seq.) or otherwise to challenge the actions of the Department hereunder or the action of the agency in adopting the proposed regulation.D\n\nIn the event the economic impact analysis completed by the Department reveals that the proposed regulation would have an adverse economic impact on businesses or would impose a significant adverse economic impact on a locality, business, or entity particularly affected, the Department shall advise the Joint Commission on Administrative Rules, the House Committee on Appropriations, and the Senate Committee on Finance and Appropriations within the 45-day period. The Joint Commission on Administrative Rules shall review such rule or regulation and issue a statement containing the Commission’s findings in accordance with § 30-73.3.E\n\nThe Department shall revise and reissue its economic impact analysis within the time limits set forth for the Department’s review of regulations at the final stage pursuant to the Governor’s executive order for executive branch review if any of the following conditions is present that would materially change the Department’s analysis:1\n\nPublic comment timely received at the proposed stage indicates significant errors in the economic impact analysis; or2\n\nThere is significant or material difference between the agency’s proposed economic impact analysis and the anticipated negative economic impacts to the business community as indicated by public comment.\n\t\t\t\tThe determination of whether a condition is present under this subsection shall be made by the Department and shall not be subject to judicial review.","order_by":null,"text":{"0":{"id":283157,"text":"Before delivering any proposed regulation under consideration to the Registrar as required in \u00a7 2.2-4007.05, the agency shall submit on the Virginia Regulatory Town Hall a copy of that regulation to the Department of Planning and Budget. In addition to determining the public benefit, the Department of Planning and Budget in coordination with the agency shall, within 45 days, prepare an economic impact analysis of the proposed regulation, as follows:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":283158,"text":"The economic impact analysis shall include but need not be limited to the projected number of businesses or other entities to which the regulation would apply; the identity of any localities and types of businesses or other entities particularly affected by the regulation; the projected number of persons and employment positions to be affected; the impact of the regulation on the use and value of private property, including additional costs related to the development of real estate for commercial or residential purposes; and the projected costs to affected businesses, localities, or entities of implementing or complying with the regulations, including the estimated fiscal impact on such localities and sources of potential funds to implement and comply with such regulation. A copy of the economic impact analysis shall be provided to the Joint Commission on Administrative Rules; and","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":283159,"text":"If the regulation may have an adverse effect on small businesses, the economic impact analysis shall also include (i) an identification and estimate of the number of small businesses subject to the regulation; (ii) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the regulation, including the type of professional skills necessary for preparing required reports and other documents; (iii) a statement of the probable effect of the regulation on affected small businesses; and (iv) a description of any less intrusive or less costly alternative methods of achieving the purpose of the regulation. As used in this subdivision, “small business” has the same meaning as provided in subsection A of § 2.2-4007.1.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"B"},"3":{"id":283160,"text":"In the event the Department cannot complete an economic impact statement within the 45-day period, it shall advise the agency and the Joint Commission on Administrative Rules as to the reasons for the delay. In no event shall the delay exceed 30 days beyond the original 45-day period.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A2","next_prefix":"C"},"4":{"id":283161,"text":"Agencies shall provide the Department with such estimated fiscal impacts on localities and sources of potential funds. The Department may request the assistance of any other agency in preparing the analysis. The Department shall deliver a copy of the analysis to the agency drafting the regulation, which shall comment thereon as provided in § 2.2-4007.05, a copy to the Registrar for publication with the proposed regulation, and an electronic copy to each member of the General Assembly. No regulation shall be promulgated for consideration pursuant to § 2.2-4007.05 until the impact analysis has been received by the Registrar. For purposes of this section, the term “locality, business, or entity particularly affected” means any locality, business, or entity that bears any identified disproportionate material impact that would not be experienced by other localities, businesses, or entities. The analysis shall represent the Department’s best estimate for the purposes of public review and comment on the proposed regulation. The accuracy of the estimate shall in no way affect the validity of the regulation, nor shall any failure to comply with or otherwise follow the procedures set forth in this subsection create any cause of action or provide standing for any person under Article 5 (§ 2.2-4025 et seq.) or otherwise to challenge the actions of the Department hereunder or the action of the agency in adopting the proposed regulation.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"5":{"id":283162,"text":"In the event the economic impact analysis completed by the Department reveals that the proposed regulation would have an adverse economic impact on businesses or would impose a significant adverse economic impact on a locality, business, or entity particularly affected, the Department shall advise the Joint Commission on Administrative Rules, the House Committee on Appropriations, and the Senate Committee on Finance and Appropriations within the 45-day period. The Joint Commission on Administrative Rules shall review such rule or regulation and issue a statement containing the Commission’s findings in accordance with § 30-73.3.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"6":{"id":283163,"text":"The Department shall revise and reissue its economic impact analysis within the time limits set forth for the Department’s review of regulations at the final stage pursuant to the Governor’s executive order for executive branch review if any of the following conditions is present that would materially change the Department’s analysis:","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"E1"},"7":{"id":283164,"text":"Public comment timely received at the proposed stage indicates significant errors in the economic impact analysis; or","type":"section","prefixes":["E","1"],"prefix":"1","entire_prefix":"E1","prefix_anchor":"E1","level":2,"prior_prefix":"E","next_prefix":"E2"},"8":{"id":283165,"text":"There is significant or material difference between the agency’s proposed economic impact analysis and the anticipated negative economic impacts to the business community as indicated by public comment.\n\t\t\t\tThe determination of whether a condition is present under this subsection shall be made by the Department and shall not be subject to judicial review.","type":"section","prefixes":["E","2"],"prefix":"2","entire_prefix":"E2","prefix_anchor":"E2","level":2,"prior_prefix":"E1"}},"ancestry":[{"id":13410,"edition_id":1,"name":"Regulations","identifier":"2","label":"article","depth":5,"order_by":1,"parent_id":12798,"metadata":{},"date_created":"2026-06-26 03:44:50","date_modified":"2026-06-26 03:44:50","permalink":{"id":176749,"object_type":"structure","relational_id":13410,"identifier":"2","token":"2.2\/II\/B\/40\/2","url":"\/2.2\/II\/B\/40\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12798,"edition_id":1,"name":"Administrative Process Act","identifier":"40","label":"chapter","depth":4,"order_by":1,"parent_id":12751,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":176717,"object_type":"structure","relational_id":12798,"identifier":"40","token":"2.2\/II\/B\/40","url":"\/2.2\/II\/B\/40\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12751,"edition_id":1,"name":"Transaction of Public Business","identifier":"B","label":"part","depth":3,"order_by":1,"parent_id":12750,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":176445,"object_type":"structure","relational_id":12751,"identifier":"B","token":"2.2\/II\/B","url":"\/2.2\/II\/B\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12750,"edition_id":1,"name":"Administration of State Government","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12749,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":176253,"object_type":"structure","relational_id":12750,"identifier":"II","token":"2.2\/II","url":"\/2.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12749,"edition_id":1,"name":"Administration of Government","identifier":"2.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":171453,"object_type":"structure","relational_id":12749,"identifier":"2.2","token":"2.2","url":"\/2.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":78729,"structure_id":13410,"section_number":"2.2-4006","catch_line":"Exemptions from requirements of this article","url":"\/2.2-4006\/","token":"2.2\/II\/B\/40\/2\/2.2-4006","metadata":false},{"id":58015,"structure_id":13410,"section_number":"2.2-4007","catch_line":"Petitions for new or amended regulations; opportunity for public comment","url":"\/2.2-4007\/","token":"2.2\/II\/B\/40\/2\/2.2-4007","metadata":false},{"id":74274,"structure_id":13410,"section_number":"2.2-4007.01","catch_line":"Notice of intended regulatory action; public hearing","url":"\/2.2-4007.01\/","token":"2.2\/II\/B\/40\/2\/2.2-4007.01","metadata":false},{"id":82742,"structure_id":13410,"section_number":"2.2-4007.02","catch_line":"Public participation guidelines","url":"\/2.2-4007.02\/","token":"2.2\/II\/B\/40\/2\/2.2-4007.02","metadata":false},{"id":54379,"structure_id":13410,"section_number":"2.2-4007.03","catch_line":"Informational proceedings; effect of noncompliance","url":"\/2.2-4007.03\/","token":"2.2\/II\/B\/40\/2\/2.2-4007.03","metadata":false},{"id":79050,"structure_id":13410,"section_number":"2.2-4007.04","catch_line":"Economic impact analysis","url":"\/2.2-4007.04\/","token":"2.2\/II\/B\/40\/2\/2.2-4007.04","metadata":false},{"id":56978,"structure_id":13410,"section_number":"2.2-4007.04:01","catch_line":"Notice required of certain departments","url":"\/2.2-4007.04_01\/","token":"2.2\/II\/B\/40\/2\/2.2-4007.04_01","metadata":false},{"id":68425,"structure_id":13410,"section_number":"2.2-4007.05","catch_line":"Submission of proposed regulations to the Registrar","url":"\/2.2-4007.05\/","token":"2.2\/II\/B\/40\/2\/2.2-4007.05","metadata":false},{"id":84064,"structure_id":13410,"section_number":"2.2-4007.06","catch_line":"Changes between proposed and final regulations","url":"\/2.2-4007.06\/","token":"2.2\/II\/B\/40\/2\/2.2-4007.06","metadata":false},{"id":61832,"structure_id":13410,"section_number":"2.2-4007.07","catch_line":"State Air Pollution Control Board; variances","url":"\/2.2-4007.07\/","token":"2.2\/II\/B\/40\/2\/2.2-4007.07","metadata":false},{"id":76510,"structure_id":13410,"section_number":"2.2-4007.1","catch_line":"Regulatory flexibility for small businesses; periodic review of regulations","url":"\/2.2-4007.1\/","token":"2.2\/II\/B\/40\/2\/2.2-4007.1","metadata":false},{"id":66374,"structure_id":13410,"section_number":"2.2-4007.2","catch_line":"Regulations requiring the submission of documents or payments","url":"\/2.2-4007.2\/","token":"2.2\/II\/B\/40\/2\/2.2-4007.2","metadata":false},{"id":70446,"structure_id":13410,"section_number":"2.2-4008","catch_line":"Repealed","url":"\/2.2-4008\/","token":"2.2\/II\/B\/40\/2\/2.2-4008","metadata":false},{"id":72032,"structure_id":13410,"section_number":"2.2-4009","catch_line":"Evidentiary hearings on regulations","url":"\/2.2-4009\/","token":"2.2\/II\/B\/40\/2\/2.2-4009","metadata":false},{"id":65085,"structure_id":13410,"section_number":"2.2-4010","catch_line":"Pilot programs for regulations imposing local government mandates","url":"\/2.2-4010\/","token":"2.2\/II\/B\/40\/2\/2.2-4010","metadata":false},{"id":66162,"structure_id":13410,"section_number":"2.2-4011","catch_line":"Emergency regulations; publication; exceptions","url":"\/2.2-4011\/","token":"2.2\/II\/B\/40\/2\/2.2-4011","metadata":false},{"id":70566,"structure_id":13410,"section_number":"2.2-4012","catch_line":"Purpose; adoption; effective date; filing; duties of Registrar of Regulations","url":"\/2.2-4012\/","token":"2.2\/II\/B\/40\/2\/2.2-4012","metadata":false},{"id":62113,"structure_id":13410,"section_number":"2.2-4012.1","catch_line":"Fast-track rulemaking process","url":"\/2.2-4012.1\/","token":"2.2\/II\/B\/40\/2\/2.2-4012.1","metadata":false},{"id":68772,"structure_id":13410,"section_number":"2.2-4013","catch_line":"Executive review of proposed and final regulations; changes with substantial impact","url":"\/2.2-4013\/","token":"2.2\/II\/B\/40\/2\/2.2-4013","metadata":false},{"id":73052,"structure_id":13410,"section_number":"2.2-4014","catch_line":"Legislative review of proposed and final regulations","url":"\/2.2-4014\/","token":"2.2\/II\/B\/40\/2\/2.2-4014","metadata":false},{"id":70514,"structure_id":13410,"section_number":"2.2-4015","catch_line":"Effective date of regulation; exception","url":"\/2.2-4015\/","token":"2.2\/II\/B\/40\/2\/2.2-4015","metadata":false},{"id":80470,"structure_id":13410,"section_number":"2.2-4016","catch_line":"Withdrawal of regulation","url":"\/2.2-4016\/","token":"2.2\/II\/B\/40\/2\/2.2-4016","metadata":false},{"id":70351,"structure_id":13410,"section_number":"2.2-4017","catch_line":"Periodic review of regulations","url":"\/2.2-4017\/","token":"2.2\/II\/B\/40\/2\/2.2-4017","metadata":false}],"previous_section":{"id":54379,"structure_id":13410,"section_number":"2.2-4007.03","catch_line":"Informational proceedings; effect of noncompliance","url":"\/2.2-4007.03\/","token":"2.2\/II\/B\/40\/2\/2.2-4007.03","metadata":false},"next_section":{"id":56978,"structure_id":13410,"section_number":"2.2-4007.04:01","catch_line":"Notice required of certain departments","url":"\/2.2-4007.04_01\/","token":"2.2\/II\/B\/40\/2\/2.2-4007.04_01","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/2.2-4007.04\/","history_text":"

This law was first created in 2007. The record of its establishment is cataloged in chapters 316<\/a>, 561<\/a>, 873<\/a>, and 916<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2015, chapter 608<\/a>; in 2017, chapters 483<\/a>, 493<\/a>, and 599<\/a>.<\/p>","references":[{"id":65304,"section_number":"10.1-104.9","catch_line":"Regulations under this article","order_by":null,"url":"\/10.1-104.9\/"},{"id":57864,"section_number":"10.1-1308","catch_line":"Regulations","order_by":null,"url":"\/10.1-1308\/"},{"id":68425,"section_number":"2.2-4007.05","catch_line":"Submission of proposed regulations to the Registrar","order_by":null,"url":"\/2.2-4007.05\/"},{"id":70566,"section_number":"2.2-4012","catch_line":"Purpose; adoption; effective date; filing; duties of Registrar of Regulations","order_by":null,"url":"\/2.2-4012\/"},{"id":62113,"section_number":"2.2-4012.1","catch_line":"Fast-track rulemaking process","order_by":null,"url":"\/2.2-4012.1\/"},{"id":75768,"section_number":"2.2-4027","catch_line":"Issues on review","order_by":null,"url":"\/2.2-4027\/"},{"id":66879,"section_number":"3.2-5121","catch_line":"Authority to adopt regulations; conformity with federal regulations; hearings; enforcement of article; review of regulations","order_by":null,"url":"\/3.2-5121\/"},{"id":56754,"section_number":"35.1-14","catch_line":"Regulations governing restaurants; advisory standards for exempt entities","order_by":null,"url":"\/35.1-14\/"},{"id":65476,"section_number":"63.2-217","catch_line":"Board to adopt regulations","order_by":null,"url":"\/63.2-217\/"}],"refers_to":[{"id":68425,"section_number":"2.2-4007.05","catch_line":"Submission of proposed regulations to the Registrar","order_by":null,"url":"\/2.2-4007.05\/"},{"id":69646,"section_number":"2.2-4025","catch_line":"Exemptions operation of this article; limitations","order_by":null,"url":"\/2.2-4025\/"}],"permalink":{"id":176771,"object_type":"law","relational_id":79050,"identifier":"2.2-4007.04","token":"2.2\/II\/B\/40\/2\/2.2-4007.04","url":"\/2.2-4007.04\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/2.2-4007.04\/","token":"2.2\/II\/B\/40\/2\/2.2-4007.04","dublin_core":{"Title":"Economic impact analysis","Type":"Text","Format":"text\/html","Identifier":"\u00a7 2.2-4007.04","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Before delivering any proposed regulation<\/span> under consideration to the Registrar<\/span> as required in \u00a7 2.2-4007.05<\/a>, the agency<\/span> shall submit on the Virginia Regulatory Town Hall<\/span> a copy of that regulation<\/span> to the Department of Planning and Budget. In addition to determining the public benefit, the Department of Planning and Budget in coordination with the agency<\/span> shall, within 45 days, prepare an economic impact analysis of the proposed regulation<\/span>, as follows: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The economic impact analysis shall include but need not be limited to the projected number of businesses or other entities to which the regulation<\/span> would apply; the identity of any localities and types of businesses or other entities particularly affected by the regulation<\/span>; the projected number of persons and employment positions to be affected; the impact of the regulation<\/span> on the use and value of private property, including additional costs related to the development of real estate for commercial or residential purposes; and the projected costs to affected businesses, localities, or entities of implementing or complying with the regulations<\/span>, including the estimated fiscal impact on such localities and sources of potential funds to implement and comply with such regulation<\/span>. A copy of the economic impact analysis shall be provided to the Joint Commission on Administrative Rules<\/span>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> If the regulation<\/span> may have an adverse effect on small businesses, the economic impact analysis shall also include (i) an identification and estimate of the number of small businesses subject to the regulation<\/span>; (ii) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the regulation<\/span>, including the type of professional skills necessary for preparing required reports and other documents; (iii) a statement of the probable effect of the regulation<\/span> on affected small businesses; and (iv) a description of any less intrusive or less costly alternative methods of achieving the purpose of the regulation<\/span>. As used in this subdivision, “small business<\/span>” has the same meaning as provided in subsection A of § 2.2-4007.1<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In the event the Department cannot complete an economic impact statement within the 45-day period, it shall advise the agency<\/span> and the Joint Commission on Administrative Rules<\/span> as to the reasons for the delay. In no event shall the delay exceed 30 days beyond the original 45-day period. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Agencies shall provide the Department with such estimated fiscal impacts on localities and sources of potential funds. The Department may request the assistance of any other agency<\/span> in preparing the analysis. The Department shall deliver a copy of the analysis to the agency<\/span> drafting the regulation<\/span>, which shall comment thereon as provided in § 2.2-4007.05<\/a>, a copy to the Registrar<\/span> for publication with the proposed regulation<\/span>, and an electronic copy to each member of the General Assembly. No regulation<\/span> shall be promulgated for consideration pursuant to § 2.2-4007.05<\/a> until the impact analysis has been received by the Registrar<\/span>. For purposes of this section, the term “locality, business, or entity particularly affected<\/span>” means any locality, business, or entity that bears any identified disproportionate material<\/span> impact that would not be experienced by other localities, businesses, or entities. The analysis shall represent the Department’s best estimate for the purposes of public review and comment on the proposed regulation<\/span>. The accuracy of the estimate shall in no way affect the validity of the regulation<\/span>, nor shall any failure to comply with or otherwise follow the procedures set forth in this subsection create any cause of action<\/span> or provide standing for any person under Article 5 (§ 2.2-4025<\/a> et seq.) or otherwise to challenge the actions of the Department hereunder or the action of the agency<\/span> in adopting the proposed regulation<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> In the event the economic impact analysis completed by the Department reveals that the proposed regulation<\/span> would have an adverse economic impact on businesses or would impose a significant adverse economic impact on a locality, business, or entity particularly affected<\/span>, the Department shall advise the Joint Commission on Administrative Rules<\/span>, the House Committee on Appropriations, and the Senate Committee on Finance and Appropriations within the 45-day period. The Joint Commission on Administrative Rules<\/span> shall review such rule<\/span> or regulation<\/span> and issue<\/span> a statement containing the Commission’s findings<\/span> in accordance with § 30-73.3<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The Department shall revise and reissue its economic impact analysis within the time limits set forth for the Department’s review of regulations<\/span> at the final stage pursuant to the Governor’s executive order<\/span> for executive branch review if any of the following conditions is present that would materially change the Department’s analysis: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Public comment timely received at the proposed stage indicates significant errors in the economic impact analysis; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> There is significant or material<\/span> difference between the agency<\/span>’s proposed economic impact analysis and the anticipated negative economic impacts to the business community as indicated by public comment.\n\t\t\t\tThe determination of whether a condition is present under this subsection shall be made by the Department and shall not be subject to judicial review. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nECONOMIC IMPACT ANALYSIS (\u00a7 2.2-4007.04)\n\nA. Before delivering any proposed regulation under consideration to the\nRegistrar as required in \u00a7 2.2-4007.05, the agency shall submit on the Virginia\nRegulatory Town Hall a copy of that regulation to the Department of Planning and\nBudget. In addition to determining the public benefit, the Department of\nPlanning and Budget in coordination with the agency shall, within 45 days,\nprepare an economic impact analysis of the proposed regulation, as follows:\n\n 1. The economic impact analysis shall include but need not be limited to the\n projected number of businesses or other entities to which the regulation would\n apply; the identity of any localities and types of businesses or other\n entities particularly affected by the regulation; the projected number of\n persons and employment positions to be affected; the impact of the regulation\n on the use and value of private property, including additional costs related\n to the development of real estate for commercial or residential purposes; and\n the projected costs to affected businesses, localities, or entities of\n implementing or complying with the regulations, including the estimated fiscal\n impact on such localities and sources of potential funds to implement and\n comply with such regulation. A copy of the economic impact analysis shall be\n provided to the Joint Commission on Administrative Rules; and\n\n 2. If the regulation may have an adverse effect on small businesses, the\n economic impact analysis shall also include (i) an identification and estimate\n of the number of small businesses subject to the regulation; (ii) the\n projected reporting, recordkeeping, and other administrative costs required\n for small businesses to comply with the regulation, including the type of\n professional skills necessary for preparing required reports and other\n documents; (iii) a statement of the probable effect of the regulation on\n affected small businesses; and (iv) a description of any less intrusive or\n less costly alternative methods of achieving the purpose of the regulation. As\n used in this subdivision, “small business” has the same meaning as\n provided in subsection A of § 2.2-4007.1.\n\nB. In the event the Department cannot complete an economic impact statement\nwithin the 45-day period, it shall advise the agency and the Joint Commission on\nAdministrative Rules as to the reasons for the delay. In no event shall the\ndelay exceed 30 days beyond the original 45-day period.\n\nC. Agencies shall provide the Department with such estimated fiscal impacts on\nlocalities and sources of potential funds. The Department may request the\nassistance of any other agency in preparing the analysis. The Department shall\ndeliver a copy of the analysis to the agency drafting the regulation, which\nshall comment thereon as provided in § 2.2-4007.05, a copy to the Registrar\nfor publication with the proposed regulation, and an electronic copy to each\nmember of the General Assembly. No regulation shall be promulgated for\nconsideration pursuant to § 2.2-4007.05 until the impact analysis has been\nreceived by the Registrar. For purposes of this section, the term\n“locality, business, or entity particularly affected” means any\nlocality, business, or entity that bears any identified disproportionate\nmaterial impact that would not be experienced by other localities, businesses,\nor entities. The analysis shall represent the Department’s best estimate\nfor the purposes of public review and comment on the proposed regulation. The\naccuracy of the estimate shall in no way affect the validity of the regulation,\nnor shall any failure to comply with or otherwise follow the procedures set\nforth in this subsection create any cause of action or provide standing for any\nperson under Article 5 (§ 2.2-4025 et seq.) or otherwise to challenge the\nactions of the Department hereunder or the action of the agency in adopting the\nproposed regulation.\n\nD. In the event the economic impact analysis completed by the Department reveals\nthat the proposed regulation would have an adverse economic impact on businesses\nor would impose a significant adverse economic impact on a locality, business,\nor entity particularly affected, the Department shall advise the Joint\nCommission on Administrative Rules, the House Committee on Appropriations, and\nthe Senate Committee on Finance and Appropriations within the 45-day period. The\nJoint Commission on Administrative Rules shall review such rule or regulation\nand issue a statement containing the Commission’s findings in accordance\nwith § 30-73.3.\n\nE. The Department shall revise and reissue its economic impact analysis within\nthe time limits set forth for the Department’s review of regulations at\nthe final stage pursuant to the Governor’s executive order for executive\nbranch review if any of the following conditions is present that would\nmaterially change the Department’s analysis:\n\n 1. Public comment timely received at the proposed stage indicates significant\n errors in the economic impact analysis; or\n\n 2. There is significant or material difference between the agency’s\n proposed economic impact analysis and the anticipated negative economic\n impacts to the business community as indicated by public comment.\n \t\t\t\tThe determination of whether a condition is present under this subsection\n shall be made by the Department and shall not be subject to judicial review.\n\nHISTORY: 2007, cc. 316, 561, 873, 916; 2015, c. 608; 2017, cc. 483, 493, 599.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}