| Action Summary |
In acquiring the rights of way necessary for the construction, reconstruction, alteration, maintenance, and repair of the public highways of the Commonwealth, VDOT must often displace individuals, families, businesses, farms, and non-profit organizations. The purpose of the Rules and Regulations Governing Relocation Assistance is to ensure to the maximum extent possible the prompt and equitable relocation and reestablishment of these displacees. To accomplish this purpose, VDOT believes that a uniform policy is necessary.
The Rules and Regulations Governing Relocation Assistance were last amended in 1990. VDOT has drafted a completely rewritten regulation to replace the existing regulation, and is preparing it for submittal to the Department of Planning & Budget for an economic impact statement. Until the replacement regulation is finalized, however, the existing regulation must be amended due to actions taken by the General Assembly during the 2000 legislative session, as well as changes in applicable regulations at the federal level.
The amendments are to Part I, (General Provisions - Definitions), Part IV, Article 3 (Moving Payments to Businesses), Article 4 (Moving Payments to Farm Operators), Article 5 (Moving Payments to Non-Profit Organizations) and Article 6 (Reestablishment Expenses to Small Businesses, Farms or Non-Profit Organizations). Part I's amendments revise definitions of "small business" and "state agency" as provided for by federal regulation and state law, respectively. Part IV's amendments address payments made for reestablishment and moving expenses to displacees eligible for these services. The maximum allowable amounts for eligible reestablishment expenses to small businesses, non-profit organizations, or farms given in Article 6 pursuant to CFR Part 24 are eliminated. Furthermore, the list of reasonable and necessary expenses in this article ineligible for reimbursement under federal regulations has been reduced to make them less restrictive. Chapter 851 of the 2000 Acts of Assembly increased the maximum allowable fixed payments in lieu of moving expenses for displaced businesses in Part IV, Article 3 (Moving Payments to Businesses), for displaced farms in Part IV, Article 4 (Moving Payments to Farm Operators), and for non-profit organizations in Part IV, Article 5 (Moving Payments to Non-Profit Organizations).
VDOT has secured written confirmation dated April 14, 2000, from the Office of the Attorney General (paper copies of documentation provided to Registrar of Regulations and DPB) that the amendments proposed to the existing regulation are due to changes in federal or state law where no agency discretion is involved. As such, these amendments are exempt from Article 2 of the Administrative Process Act under the exemption granted by Section 9-6.14:4.1 C 4 of the Code of Virginia, subject to written confirmation from the Registrar that the federal and state requirements do not differ materially. Therefore, these amendments may become effective 30 days after publication in The Virginia Register, or at a later date if specified by the agency.
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