DIVISION OF CONSOLIDATED LABORATORY SERVICES, DEPARTMENT OF GENERAL SERVICES

Request for Comments on Revision to Fees for Noncommercial Environmental Laboratory Certification (1VAC30-45-130)

Purpose of notice and background information:  The Department of General Services, Division of Consolidated Laboratory Services (DCLS) is seeking comment on the revision to fees charged for certifying noncommercial environmental laboratories under 1VAC30-45-130.  The current fees became effective on September 1, 2019, and were based on FY2018 data.  These fees no longer offset the program’s costs.  DCLS is seeking comment on two successive years’ revisions to the fees charged under 1VAC30-45-130. 

Authority: 

• The governing statute at Section 2.2-1105 C of the Code of Virginia states the fee system established under the Virginia Environmental Laboratory Accreditation Program shall “offset the costs” of the program. 
• The governing regulation at 1VAC30-45-130 A 4 provides that “DCLS, as part of its regular budgetary review … shall determine whether the fees charged … offset the program costs.” 
• The Budget of the Commonwealth of Virginia in Part I, Item 68 C 3 a of Chapter 725 of the 2025 Acts of Assembly exempts from the regulatory requirements of the Administrative Process Act (§2.2-4000 et seq. of the Code of Virginia) making revisions to the fees charged under the program with one exception.  DCLS is required to provide notice and an opportunity to submit written comments on revised fees.

Public comment period:  October 6-November 5, 2025  

How to comment:  DCLS accepts written comments by email, fax, and postal mail.  To be considered, comments must include the full name, address, and telephone number of the person commenting and must 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 kimberly.freiberger@dgs.virginia.gov. The number for faxed comments is (804) 371-8305.  Written comments should be sent to Kimberly Freiberger, Regulatory Coordinator, Department of General Services, Attn: DCLS VELAP 1VAC30-45 Fee Comments, 1100 Bank Street, Suite 420, Richmond, VA, 23219.  Agency contact: Kimberly Freiberger, (804) 972-4973.

Notice of fees

DCLS is revising fees for two 12-month periods.  The first year’s revision to the fees will be the current fees plus an additional 10%.  The second year’s revision to the fees will be the first year’s fee revisions plus an additional 6%.  

The revised fees will become effective after the agency’s review of public comments and the final fees are published. 

A. DCLS requests comments on the following revised fees for Year One (first 12 months): 

1VAC30-45-130 B:  Environmental laboratories performing only simple test procedures as defined by 1VAC30-45-40 shall pay an annual fee of $759. 

2.  DCLS requests comments on the following revised fees for Year Two (second 12 months):

1VAC30-45-130 B:  Environmental laboratories performing only simple test procedures as defined by 1VAC30-45-40 shall pay an annual fee of $805.

HOW FEES ARE CALCULATED

Environmental laboratories pay the total of the base fee and the test category fees. 

Base Fee.  DCLS determines the base fee for a laboratory by taking into account both the total number of methods and the total number of field of certification matrices for which the laboratory would be certified.

Test Category Fees.

• The test category fees cover the types of testing for which a laboratory may be certified as specified in the laboratory's application or as certified at the time of annual billing.
• Fees are charged for each category of tests to be certified.
• Fees are charged for the total number of field of certification matrices to be certified under the specific test category. For example, if a laboratory is performing inorganic chemistry for both nonpotable water and solid and chemical materials matrices, the fee for this test category would be found in the column for two matrices.
• The fee for each category includes one or more analytical methods unless otherwise specified.

WHEN TO PAY

Payment is due when the initial application is processed 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 or credit card via an electronic payment portal provided by DCLS, or other payment arrangements may be made by contacting Lab_Cert@dgs.virginia.gov.  All payments are made after an invoice is issued by DCLS, in accordance with instructions on the invoice or in accordance with special arrangements made by contacting DCLS.