DIVISION OF CONSOLIDATED LABORATORY SERVICES, DEPARTMENT OF GENERAL SERVICES

Request for Comments on Revision to Fees for Drinking Water Laboratory Certification (1VAC30-41-270), Effective May 1, 2022-April 30, 2023

Purpose of notice and background information:  The Division of Consolidated Laboratory Services (DCLS) is seeking comment on the revision to fees charged for certifying drinking water laboratories under 1VAC30-41-270.

1VAC30-41-270 I 2 requires DCLS to increase or decrease annually the fees charged for certifying drinking water laboratories using the Consumer Price Index-Urban percentage change, average-average for the previous calendar year published by the U.S. Bureau of Labor Statistics in January.  The percentage change, average-average for 2021 is an additional 4.7 percent.  See the table labeled “Historical Consumer Price Index for All Urban Consumers (CPI-U): U.S. city average, all items, index averages” in the following document (page 4):     https://www.bls.gov/cpi/tables/supplemental-files/historical-cpi-u-202112.pdf.   

The revised fees are exempt from the requirements of the Administrative Process Act.  The Budget of the Commonwealth of Virginia (Chapter 552, effective July 1, 2021) in Part I, Item 76, at C 3.a requires DCLS to provide notice and an opportunity to submit written comments on the revised fees.

The notice of fees for May 1, 2022 – April 30, 2023 will be published on the DCLS drinking water laboratory certification webpage after consideration of submitted comments. 

Public comment period:  February 28 – March 30, 2022.

How to comment:  DCLS accepts written comments by email, fax, and postal mail.  In order to be considered, comments must include the full name, address, and telephone number of the person commenting and be received by DCLS by the last day of the comment period.  All materials received are part of the public record.  Email comments should be sent to rhonda.bishton@dgs.virginia.gov. The number for faxed comments is (804) 371-8305.  Written comments should be sent to Rhonda Bishton, Regulatory Coordinator, Department of General Services,  Attn: DCLS DW Fee Comments, 1100 Bank Street, Richmond, VA, 23219.  Agency contact:  Rhonda Bishton, (804) 786-3311.

NOTICE OF FEES FOR MAY 1, 2022 – APRIL 30, 2023

HOW FEES ARE CALCULATED

DCLS calculates a laboratory's total fee by adding the fees for the number of test methods in each category in the fee table for which the laboratory is certified or applies to be certified.  Contact Lab_Cert@dgs.virginia.gov for more information about the fee category for a specific method.

ADDITIONAL FEES

Additional fees apply when a laboratory:

• Applies for modification of certification under 1VAC30-41-110
• Is moving its location when the move requires DCLS to perform an onsite assessment
• Requests reinstatement of certification when DCLS requires an onsite assessment

Hourly review fee and calculation of total fee.  The fee to be charged is the sum of the total hourly charges for all reviewers plus any onsite assessment costs incurred.  The hourly charge per reviewer is $71. The charge per reviewer is determined by multiplying the number of hours expended in the review by $71.

Onsite review and travel expenses.  If an onsite review is required, travel time and onsite review time will be charged at the same hourly rate of $71 and any travel expenses will be added.

WHEN TO PAY

Payment is due at the time the application is made or annually thereafter upon receipt of the invoice from DCLS.  Annual billing precedes the expiration of the current certificate.

HOW TO PAY

Fees may be paid by check, draft, or postal money order payable to the Treasurer, Commonwealth of Virginia, or submitted electronically, if available.  Payment must be in U.S. currency, except that agencies and institutions of the Commonwealth of Virginia may submit interagency transfers for the amount of the fee.  Laboratories may also pay fees using credit cards.  All fees must be sent to the following address, or submitted electronically, if available: DCLS, Attn: Lab Certification, 600 North 5th Street, Richmond, VA 23219.  A fee payment form is available on the Drinking Water page of the DCLS website at www.dgs.virginia.gov/dcls

DCLS requests comments on the revised fees in the notice below.