A. In enacting this chapter, the General Assembly employs its legislativeauthority to establish that the people of Virginia, acting through theirelected officials in Virginia government, have the responsibility andauthority to establish policy in and for Virginia pertaining to federalprograms mandated in federal statutes.
B. The intent of the General Assembly is to assure the primacy of theCommonwealth's legal and political authority to implement in and for Virginiathe policy mandated by federal statutes and to vigorously challenge andscrutinize the extent and scope of authority asserted by federal executivebranch agencies when federal agency actions and interpretations areinconsistent with Virginia policy and exceed the lawful authority of thefederal government or are not required by federal law.
C. In this connection the General Assembly finds and declares that:
1. The power to implement federal policies in and for Virginia is central tothe ability of the people of Virginia to govern themselves under a federalsystem of government; and
2. Any implementation of federal policies in and for Virginia by federalexecutive branch agencies that is contrary to fundamental notions offederalism and self-determination must be identified and countered.
D. The General Assembly further finds and declares that:
1. There is an urgent need to modify federal mandates because theimplementation of these mandates by the Commonwealth wastes the financialresources of local governments, the citizens of Virginia and the Commonwealthand does not properly respect the rights of the Commonwealth, localgovernments, and citizens.
2. The state government has an obligation to the public to do what isnecessary to protect the rights of Virginia citizens under federal law whileminimizing or eliminating any additional cost or regulatory burden on anycitizen of the Commonwealth.
3. The Tenth Amendment to the United States Constitution directs that powersthat are not delegated to the United States are reserved to the states or tothe people. Virginia, as one of the sovereign states within the Union, hasconstitutional authority to enact laws protecting the environment of theCommonwealth and safeguarding the public health, safety, and welfare of thecitizens of Virginia. However, this authority has too often been ignored bythe federal government, as the federal government has intruded more and moreinto areas that must be left to the states. It is essential that the dilutionof the authority of state and local governments be halted and that theprovisions of the Tenth Amendment be accorded proper respect.
4. Current federal regulatory mandates, as reflected in federaladministrative regulations, guidelines, and policies, often do not reflectthe realities of Virginia and federal regulators frequently do not understandthe needs and priorities of the citizens of Virginia.
5. The citizens of the Commonwealth can create and wish to create innovativesolutions to Virginia's problems, but the current manner in which legalchallenges to state policies and federal programmatic substitutions of stateprograms are handled does not allow the Commonwealth the flexibility itneeds. It is not possible for the Commonwealth of Virginia to effectively andefficiently implement the provisions of federal statutes unless the burden toprove the insufficiency of the Commonwealth's efforts to implement federalrequirements is shifted to the person or agency who asserts suchinsufficiency.
6. The provisions of this chapter will better balance the exercise of thepowers of the federal government and the powers reserved to the states. Inaddition, the application of this chapter ultimately will bring about greaterprotection for the Commonwealth and the nation because it will direct theCommonwealth to implement federal statutes at the least possible cost,thereby freeing more moneys for other needs.
7. The purpose of this chapter is to ensure that federal mandates implementedin Virginia comply with state policy as established by the General Assembly.
A. In enacting this chapter, the General Assembly employs its legislativeauthority to establish that the people of Virginia, acting through theirelected officials in Virginia government, have the responsibility andauthority to establish policy in and for Virginia pertaining to federalprograms mandated in federal statutes.
B. The intent of the General Assembly is to assure the primacy of theCommonwealth's legal and political authority to implement in and for Virginiathe policy mandated by federal statutes and to vigorously challenge andscrutinize the extent and scope of authority asserted by federal executivebranch agencies when federal agency actions and interpretations areinconsistent with Virginia policy and exceed the lawful authority of thefederal government or are not required by federal law.
C. In this connection the General Assembly finds and declares that:
1. The power to implement federal policies in and for Virginia is central tothe ability of the people of Virginia to govern themselves under a federalsystem of government; and
2. Any implementation of federal policies in and for Virginia by federalexecutive branch agencies that is contrary to fundamental notions offederalism and self-determination must be identified and countered.
D. The General Assembly further finds and declares that:
1. There is an urgent need to modify federal mandates because theimplementation of these mandates by the Commonwealth wastes the financialresources of local governments, the citizens of Virginia and the Commonwealthand does not properly respect the rights of the Commonwealth, localgovernments, and citizens.
2. The state government has an obligation to the public to do what isnecessary to protect the rights of Virginia citizens under federal law whileminimizing or eliminating any additional cost or regulatory burden on anycitizen of the Commonwealth.
3. The Tenth Amendment to the United States Constitution directs that powersthat are not delegated to the United States are reserved to the states or tothe people. Virginia, as one of the sovereign states within the Union, hasconstitutional authority to enact laws protecting the environment of theCommonwealth and safeguarding the public health, safety, and welfare of thecitizens of Virginia. However, this authority has too often been ignored bythe federal government, as the federal government has intruded more and moreinto areas that must be left to the states. It is essential that the dilutionof the authority of state and local governments be halted and that theprovisions of the Tenth Amendment be accorded proper respect.
4. Current federal regulatory mandates, as reflected in federaladministrative regulations, guidelines, and policies, often do not reflectthe realities of Virginia and federal regulators frequently do not understandthe needs and priorities of the citizens of Virginia.
5. The citizens of the Commonwealth can create and wish to create innovativesolutions to Virginia's problems, but the current manner in which legalchallenges to state policies and federal programmatic substitutions of stateprograms are handled does not allow the Commonwealth the flexibility itneeds. It is not possible for the Commonwealth of Virginia to effectively andefficiently implement the provisions of federal statutes unless the burden toprove the insufficiency of the Commonwealth's efforts to implement federalrequirements is shifted to the person or agency who asserts suchinsufficiency.
6. The provisions of this chapter will better balance the exercise of thepowers of the federal government and the powers reserved to the states. Inaddition, the application of this chapter ultimately will bring about greaterprotection for the Commonwealth and the nation because it will direct theCommonwealth to implement federal statutes at the least possible cost,thereby freeing more moneys for other needs.
7. The purpose of this chapter is to ensure that federal mandates implementedin Virginia comply with state policy as established by the General Assembly.
A. In enacting this chapter, the General Assembly employs its legislativeauthority to establish that the people of Virginia, acting through theirelected officials in Virginia government, have the responsibility andauthority to establish policy in and for Virginia pertaining to federalprograms mandated in federal statutes.
B. The intent of the General Assembly is to assure the primacy of theCommonwealth's legal and political authority to implement in and for Virginiathe policy mandated by federal statutes and to vigorously challenge andscrutinize the extent and scope of authority asserted by federal executivebranch agencies when federal agency actions and interpretations areinconsistent with Virginia policy and exceed the lawful authority of thefederal government or are not required by federal law.
C. In this connection the General Assembly finds and declares that:
1. The power to implement federal policies in and for Virginia is central tothe ability of the people of Virginia to govern themselves under a federalsystem of government; and
2. Any implementation of federal policies in and for Virginia by federalexecutive branch agencies that is contrary to fundamental notions offederalism and self-determination must be identified and countered.
D. The General Assembly further finds and declares that:
1. There is an urgent need to modify federal mandates because theimplementation of these mandates by the Commonwealth wastes the financialresources of local governments, the citizens of Virginia and the Commonwealthand does not properly respect the rights of the Commonwealth, localgovernments, and citizens.
2. The state government has an obligation to the public to do what isnecessary to protect the rights of Virginia citizens under federal law whileminimizing or eliminating any additional cost or regulatory burden on anycitizen of the Commonwealth.
3. The Tenth Amendment to the United States Constitution directs that powersthat are not delegated to the United States are reserved to the states or tothe people. Virginia, as one of the sovereign states within the Union, hasconstitutional authority to enact laws protecting the environment of theCommonwealth and safeguarding the public health, safety, and welfare of thecitizens of Virginia. However, this authority has too often been ignored bythe federal government, as the federal government has intruded more and moreinto areas that must be left to the states. It is essential that the dilutionof the authority of state and local governments be halted and that theprovisions of the Tenth Amendment be accorded proper respect.
4. Current federal regulatory mandates, as reflected in federaladministrative regulations, guidelines, and policies, often do not reflectthe realities of Virginia and federal regulators frequently do not understandthe needs and priorities of the citizens of Virginia.
5. The citizens of the Commonwealth can create and wish to create innovativesolutions to Virginia's problems, but the current manner in which legalchallenges to state policies and federal programmatic substitutions of stateprograms are handled does not allow the Commonwealth the flexibility itneeds. It is not possible for the Commonwealth of Virginia to effectively andefficiently implement the provisions of federal statutes unless the burden toprove the insufficiency of the Commonwealth's efforts to implement federalrequirements is shifted to the person or agency who asserts suchinsufficiency.
6. The provisions of this chapter will better balance the exercise of thepowers of the federal government and the powers reserved to the states. Inaddition, the application of this chapter ultimately will bring about greaterprotection for the Commonwealth and the nation because it will direct theCommonwealth to implement federal statutes at the least possible cost,thereby freeing more moneys for other needs.
7. The purpose of this chapter is to ensure that federal mandates implementedin Virginia comply with state policy as established by the General Assembly.
