Regulations for the Certification of Recycling Machinery and Equipment for Local Tax Exemption Purposes (formerly 9 VAC 20-140)
[9 VAC 15 ‑ 30]
Periodic Review of this Chapter
Includes a Small Business Impact Review
Date Filed: 1/23/2012
Notice of Periodic Review
Pursuant to Executive Order 14 (2010) and §§ 2.2-4007.1 and 2.2.-4017 of the Code of Virginia, the Department of Environmental Quality is conducting a periodic review of 9VAC15-30, Regulations for the Certification of Recycling Machinery and Equipment for Local Tax Exemption Purposes.
The review of this regulation will be guided by the principles in Executive Order 14 (2010) (http://www.governor.virginia.gov/Issues/ExecutiveOrders/2010/EO-14.cfm) and § 2.2-4007.1 of the Code of Virginia (http://lis.virginia.gov/cgi-bin/legp604.exe?000+cod+2.2-4007.1).
The purpose of this review is to determine whether this regulation should be terminated, amended, or retained in its current form. The Department and the Board are seeking public comments on the review of any issue relating to the regulations including whether (i) the regulations are effective in achieving their goals; (ii) the regulations are essential to protect the health, safety or welfare of citizens or for the economical performance of important governmental functions; (iii) there are available alternatives for achieving the purpose of the regulations; (iv) there are less burdensome and less intrusive alternatives for achieving the purpose of the regulations; and (v) the regulations are clearly written and easily understandable by the affected persons. In addition, the Department and the Board are seeking public comments on ways to minimize the economic impact on small businesses in a manner consistent with the purpose of the regulations.
The purpose of these regulations is to provide the procedures and rules by which § 58.1-3661 of the Code of Virginia may be administered. The statute specifies that recycling machinery and equipment certified by the Department of Environmental Quality may be eligible for a local property tax exemption. This section of the statute allows the governing body of any county, city or town to exempt or partially exempt qualifying machinery or equipment from local taxation. Code of Virginia § 58.1-3661 requires that these regulations be promulgated. These regulations are designed to provide procedures for the certification of recycling machinery with the least possible costs and intrusiveness to the citizens and businesses of the Commonwealth and to provide the necessary procedures and rules by which the statute may be administered. The regulations may be viewed in their entirety at http://leg1.state.va.us/000/reg/TOC09015.HTM#C0030.
The comment period begins February 13, 2012, and ends on March 5, 2012.
Comments may be submitted online to the Virginia Regulatory Town Hall at http://www.townhall.virginia.gov/L/Forums.cfm. Comments may also be sent to Gary E. Graham, Regulatory Analyst, Office of Regulatory Affairs, Department of Environmental Quality, Post Office Box 1105, Richmond, Virginia 23218 (deliveries can be made to 629 East Main Street, Richmond, Virginia 23219), phone 804-698-4103, fax 804-698-4510, or email email@example.com.
Comments must include the commenter's name and address (physical or email) information in order to receive a response to the comment from the agency. Following the close of the public comment period, a report of the periodic review will be posted on the Town Hall and published in the Virginia Register of Regulations.
Publication of Notice in the Register and Public Comment Period
Published in the Virginia Register on 2/13/2012
begins on the publication date and
Comments Received: 0
Retain the regulation with no changes
Attorney General Certification
Prior to early 2014, AG periodic review certifications were done off-line