Prior to updating the Fee Regulations, the appropriation act deserves clarification.  The 2014 Budget Bill still references "authorized" onsite soil evaluator on several occassions. VDH authorization of onsite soil evaluators expired in 2009.

In addition, the 2014 Budget Bill appears to promote a "fee for service" expectation that the VDH will perform site evaluation and design services that are in direct competition with private sector small business.  It is my understanding that the VDH will be expected to:

1.) Address direct competition with private sector small business.
2.) Define the role of the VDH to avoid direct competition with small business.
3.) Develop a plan to cease delivery of services in direct competition with small business.
4.) Identify legislative and regulatory changes to implement the plan.

I believe this was agreed to in leiu of HB 409 (2014), and the VDH will report their findings to members of the Health, Welfare, and Institutions committe later this year.  The Fee Regulations should reflect these findings.

The Fee Regulations should be updated once these issues are addressed. Thank you for your consideration.

Robert Charnley