                                 CODE OF VIRGINIA

LEGISLATIVE DECLARATION (§ 2.2-616)

A. In enacting this chapter, the General Assembly employs its legislative
authority to establish that the people of Virginia, acting through their elected
officials in Virginia government, have the responsibility and authority to
establish policy in and for Virginia pertaining to federal programs mandated in
federal statutes.

B. The intent of the General Assembly is to assure the primacy of the
Commonwealth&#8217;s legal and political authority to implement in and for
Virginia the policy mandated by federal statutes and to vigorously challenge and
scrutinize the extent and scope of authority asserted by federal executive
branch agencies when federal agency actions and interpretations are inconsistent
with Virginia policy and exceed the lawful authority of the federal government
or are not required by federal law.

C. In this connection the General Assembly finds and declares that:

   1. The power to implement federal policies in and for Virginia is central to
   the ability of the people of Virginia to govern themselves under a federal
   system of government; and

   2. Any implementation of federal policies in and for Virginia by federal
   executive branch agencies that is contrary to fundamental notions of
   federalism and self-determination must be identified and countered.

D. The General Assembly further finds and declares that:

   1. There is an urgent need to modify federal mandates because the
   implementation of these mandates by the Commonwealth wastes the financial
   resources of local governments, the citizens of Virginia and the Commonwealth
   and does not properly respect the rights of the Commonwealth, local
   governments, and citizens.

   2. The state government has an obligation to the public to do what is
   necessary to protect the rights of Virginia citizens under federal law while
   minimizing or eliminating any additional cost or regulatory burden on any
   citizen of the Commonwealth.

   3. The Tenth Amendment to the United States Constitution directs that powers
   that are not delegated to the United States are reserved to the states or to
   the people. Virginia, as one of the sovereign states within the Union, has
   constitutional authority to enact laws protecting the environment of the
   Commonwealth and safeguarding the public health, safety, and welfare of the
   citizens of Virginia. However, this authority has too often been ignored by
   the federal government, as the federal government has intruded more and more
   into areas that must be left to the states. It is essential that the dilution
   of the authority of state and local governments be halted and that the
   provisions of the Tenth Amendment be accorded proper respect.

   4. Current federal regulatory mandates, as reflected in federal administrative
   regulations, guidelines, and policies, often do not reflect the realities of
   Virginia and federal regulators frequently do not understand the needs and
   priorities of the citizens of Virginia.

   5. The citizens of the Commonwealth can create and wish to create innovative
   solutions to Virginia&#8217;s problems, but the current manner in which legal
   challenges to state policies and federal programmatic substitutions of state
   programs are handled does not allow the Commonwealth the flexibility it needs.
   It is not possible for the Commonwealth of Virginia to effectively and
   efficiently implement the provisions of federal statutes unless the burden to
   prove the insufficiency of the Commonwealth&#8217;s efforts to implement
   federal requirements is shifted to the person or agency who asserts such
   insufficiency.

   6. The provisions of this chapter will better balance the exercise of the
   powers of the federal government and the powers reserved to the states. In
   addition, the application of this chapter ultimately will bring about greater
   protection for the Commonwealth and the nation because it will direct the
   Commonwealth to implement federal statutes at the least possible cost, thereby
   freeing more moneys for other needs.

   7. The purpose of this chapter is to ensure that federal mandates implemented
   in Virginia comply with state policy as established by the General Assembly.

HISTORY: 1995, c. 604, § 2.1-796; 2001, c. 844.