                                 CODE OF VIRGINIA

EXECUTIVE REVIEW OF PROPOSED AND FINAL REGULATIONS; CHANGES WITH SUBSTANTIAL
IMPACT (§ 2.2-4013)

A. The Governor shall adopt and publish procedures by executive order for review
of all proposed regulations governed by this chapter by June 30 of the year in
which the Governor takes office. The procedures shall include (i) review by the
Attorney General to ensure statutory authority for the proposed regulations; and
(ii) examination by the Governor to determine if the proposed regulations are
(a) necessary to protect the public health, safety and welfare and (b) clearly
written and easily understandable. The procedures may also include review of the
proposed regulation by the appropriate Cabinet Secretary.
			The Governor shall transmit his comments, if any, on a proposed regulation to
the Registrar and the agency no later than fifteen days following the completion
of the public comment period provided for in &#xA7; 2.2-4007.03. The Governor
may recommend amendments or modifications to any regulation that would bring
that regulation into conformity with statutory authority or state or federal
laws, regulations or judicial decisions.
			Not less than fifteen days following the completion of the public comment
period provided for in &#xA7; 2.2-4007.03, the agency may (i) adopt the proposed
regulation if the Governor has no objection to the regulation; (ii) modify and
adopt the proposed regulation after considering and incorporating the
Governor&#8217;s objections or suggestions, if any; or (iii) adopt the
regulation without changes despite the Governor&#8217;s recommendations for
change.

B. Upon final adoption of the regulation, the agency shall forward a copy of the
regulation to the Registrar of Regulations for publication as soon as
practicable in the Register. All changes to the proposed regulation shall be
highlighted in the final regulation, and substantial changes to the proposed
regulation shall be explained in the final regulation.

C. If the Governor finds that one or more changes with substantial impact have
been made to the proposed regulation, he may require the agency to provide an
additional thirty days to solicit additional public comment on the changes by
transmitting notice of the additional public comment period to the agency and to
the Registrar within the 30-day final adoption period described in subsection D,
and publishing the notice in the Register. The additional public comment period
required by the Governor shall begin upon publication of the notice in the
Register.

D. A 30-day final adoption period for regulations shall commence upon the
publication of the final regulation in the Register. The Governor may review the
final regulation during this 30-day final adoption period and if he objects to
any portion or all of a regulation, the Governor may file a formal objection to
the regulation, suspend the effective date of the regulation in accordance with
subsection B of &#xA7; 2.2-4014, or both.
			If the Governor files a formal objection to the regulation, he shall forward
his objections to the Registrar and agency prior to the conclusion of the 30-day
final adoption period. The Governor shall be deemed to have acquiesced to a
promulgated regulation if he fails to object to it or if he fails to suspend the
effective date of the regulation in accordance with subsection B of &#xA7;
2.2-4014. The Governor&#8217;s objection, or the suspension of the regulation,
or both if applicable, shall be published in the Register.
			A regulation shall become effective as provided in &#xA7; 2.2-4015.

E. This section shall not apply to the issuance by the State Air Pollution
Control Board of variances to its regulations.

HISTORY: 1984, c. 5, § 9-6.14:9.1; 1993, cc. 551, 772, 898; 1995, cc. 25, 736;
2001, c. 844; 2007, cc. 873, 916; 2015, cc. 29, 450.