“[A]ll agencies… shall conduct an assessment of all mandates imposed on local governments administered by the agency to determine which mandates, if any, may be altered or eliminated.” (Section 2.2-613, Code of Virginia)
“If an assessment reveals that such mandates may be altered or eliminated without undue threat to the health, safety and welfare of the residents of the Commonwealth, the Commission [on Local Government] shall so advise the Governor and the General Assembly…” (Section 15.2-2903, Code of Virginia)
The mandates are described in the Catalog of State and Federal Mandates on Local Governments, which the commission updates annually. Executive Order 58, signed by Governor Kaine on Oct. 11, 2007, governs the assessment of mandates by state executive agencies. EO 58 rescinded Executive Memorandum 1-98, which previously guided the assessment process.
“The Commission on Local Government shall distribute copies of all completed assessments received from state agencies to the Governor, the Secretary of Commerce and Trade, the Clerks of the House of Delegates and Senate, the Virginia Association of Counties (VACo) and the Virginia Municipal League (VML) and to other interested parties upon request.” (Section B(1)(f), EO 58)
In accordance with EO 58, the commission annually establishes a mandate assessment schedule for state agencies. The schedule is subject to the Governor’s approval. The commission publishes the schedule in the Virginia Register of Regulations (go to the General Notices section), distributes it to the agencies responsible for assessing the mandates, and posts it on this website. In addition, the commission distributes the schedule to the Clerks of the House of Delegates and Senate, VACo and VML.
Only the following types of mandates are subject to assessment:
- New and newly-identified mandates that have been in effect for at least 24 months;
- Existing mandates that have revised to the extent that they constitute new mandates and have been in effect for at least 24 months; and
- Other mandates that the commission, after considering input from stakeholders, has decided should be reassessed.
Local governments are invited to submit their comments on mandates currently under assessment. Information on the fiscal impact of the mandates is particularly welcome.
- Locality Fiscal Impact Comments Form
- Agency Instructions for Completing Assessments
- Agency Mandate Assessment Template
- Governor’s Task Force on Local Government Mandate Review
|FY 2013-14 Schedule of Assessment Periodsfor Executive Agency Assessment of Cataloged Mandates
|Number||Short Title||Assessment Dates|
|SFIN.TAX014||Tax Exemption for Certified Pollution Control Equipment and Facilities||March 1, 2014 to May 31, 2014|
|SHHR.VDH019||Public Water System Permit||July 1, 2013 to September 30, 2013|
|SNR.DGIF006||Model Ordinances for Hunting with Bow and Arrow||February 1, 2014 to April 30, 2014|
|SOA.SBE008||Municipalities to Pay Expenses of May Elections||January 1, 2014 to March 31, 2014|
|SOE.DOE026||Local School Division Policies||July 1, 2013 to August 31, 2013|
|SOE.DOE061||Student Achievement and Graduation Requirements||July 1, 2013 to August 31, 2013|
|SOE.DOE105||Internet Use Policy||August 1, 2013 to September 30, 2013|
|SOE.DOE119||Charter School Applications||August 1, 2013 to September 30, 2013|
|SOE.DOE125||Enrollment of Children Placed in Foster Care||October 1, 2013 to November 30, 2013|
|SOE.DOE135||Minute of Silence||October 1, 2013 to November 30, 2013|
|SOE.VCA003||Project Grants||July 1, 2013 to August 31, 2013|
|SPS.DJJ010||Social Services Collaboration in Transition Planning for the Release of Certain Juveniles||August 1, 2013 to October 31, 20|
|SPS.VDEM003||Local Emergency Operations Plan||March 1, 2014 to May 30, 2014|