Scope statements
Commerce
Subject
Chapter
Comm 47 - Petroleum Environmental Cleanup Fund (PECFA).
Objective of the rule. To (1) update the Department's criteria for awarding grants for cleanup of properties contaminated by petroleum product discharges, to be consistent with several statutory changes that have occurred after corresponding portions of this chapter were either established or revised; (2) consider the effects on the PECFA program from rules promulgated by the Department of Natural Resources under chapter 160 and section
242.11, Stats., and (3) implement improvements to the PECFA administrative and regulatory processes.
Policy analysis
The Department implemented Comm 47 in 1993 as a means of controlling PECFA program costs and establishing necessary administrative and regulatory procedures. The initial rule included monetary caps on site investigation activities, introduced price competition to site remediations, established services that consultants could provide, and delineated eligible and non-eligible costs.
The code update will continue the technical and policy development of the PECFA program. The goals and objectives that formed the basis for the initial rule remain current, and the new rule development effort will concentrate on the same issues of remediation, cost control, and administrative process improvement. In addition, new strategies will be developed for reviving cleanup at sites where past cleanup efforts have stalled. Clarifications will also be developed for making the rule easier to understand and use.
The alternative to rule development is continued operation and administration using the current version of Comm 47. Although the current rule has helped achieve the objectives of the program, advances in remediation technology, experience with current trends in costs, and a need to include new operating procedures in the administrative rule make an update of the code both timely and essential. The only feasible alternative to rule development at this point in time would be a temporary delay in the rulemaking process. This delay would reduce the public benefits that will be achieved through the rule revision.
Statutory authority
Staff time required
The Department estimates approximately 500 hours will be needed to develop the rule changes. This time includes drafting the changes and processing them through public hearings, legislative review, and adoption. The Department will assign existing staff to develop the rule changes, and no other additional resources will be needed.
Commerce
Subject
Chapters
Comm 81 -
85 and
Comm 2, relating to the Wisconsin Uniform Plumbing Code and Fee Code.
Objective of the rule.
a) review and revise the uniform plumbing code with respect to possible effects of the adoption of proposed ch.
NR 151, stormwater and infiltration.
b)
establish or incorporate the appropriate and most recent national standards for design and installation of plumbing systems and to ensure that new technology will be used or allowed and will function properly.
c)
evaluate current policies and practices for approval of plumbing products and systems.
d)
address code requirement clarity problems and incorporate any official code interpretations since the last code revision.
e)
revise tables and other rule text that no longer reflect accepted rulemaking format and style.
f)
add and revise definitions for matters relating to updated technology, clarity, materials and installations, and/or statutory changes.
Policy analysis
a)
Existing policies. Current rules relating to stormwater are outdated. The rules do not reflect stormwater detention, retention and treatment options and concerns.
b)
New policies. The proposed revisions will allow options for designers and installers to comply with municipal and state stormwater management plans.
c)
Policy alternatives. The alternative of not revising the code will result in Commerce rules being outdated and possibly inconsistent with rules of the Department of Natural Resources.
Statutory authority
Section
145.02, Stats. Provides the Department authority over the construction, installation and maintenance of plumbing in connection with all buildings in this state, including buildings owned by the state or any political subdivision thereof, so that plumbing shall be safe, sanitary and to safeguard the public health and the waters of the state.
Section
145.13, Stats. Requires the Department to adopt the state uniform plumbing code. The state plumbing code and amendments to that code as adopted by the department have the effect of law in the form of standards statewide in application and shall apply to all types of buildings, private or public, rural or urban, including buildings owned by the state or any political subdivision thereof. The state plumbing code shall comply with ch.
160, Stats. All plumbing installations shall so far as practicable be made to conform with such code.
Section
145.02 (2), Stats. Provides that the department shall have general supervision of all such plumbing and shall after public hearing prescribe, publish and enforce reasonable standards which shall be uniform and of statewide concern so far as practicable. Any employee designated by the department may act for the department in holding such public hearing. To the extent that the historic building code applies to the subject matter of these standards, the standards do not apply to a qualified historic building if the owner elects to be subject to s.
101.121, Stats.
Staff time required
The following is the estimated time that department staff will be involved in these code change issues. Adequate staffing is available to carry out these functions.
Advisory council meetings and task groups 120
Code topics research, language drafting 160
Hearings, responses, revisions, etc. 40
Legislative review through adoption 30
Administrative and support 20
Environmental assessment 120
TOTAL 490
Commerce
Subject
Chs.
Comm 90 and
Comm 2, relating to design and construction of public swimming pools and fees.
Objective of the rule. The objectives of this rule revision, to be incorporated into one or more rule packages, are to:
a) review two national standards, ANSI/NSPI - 1 and – 9 (relating to swimming pools and aquatic recreation facilities/waterparks) for possible revisions to ch.
Comm 90.
b) re-title ch.
Comm 90 to include water attractions (water park features) within this chapter.
c) create clearly understood codes that reflect contemporary designs and installations, and the application of sound practices relating to health and safety to employees and pool customers.
Policy analysis
a) Existing policies. Commerce conducts plan review for all public swimming pools, whirlpools and water attractions. Water attractions, both indoor and outdoor, have become major tourism attractions in the state; the current rules do not adequately recognize and address the current technology being used in this industry elsewhere in the U.S.
b)
New policies. Commerce would update ch.
Comm 90 to include rules for water attractions, including water play features.
c) Policy alternatives. The alternative of not revising these codes will result in the continuance of the current situation whereby Commerce administers rules that do not adequately recognize and address the current technology used in this industry elsewhere in the U.S.
Statutory authority
The Department authority for regulating the design and installation of public swimming pools and water attractions is given in s.
145.26, Stats.
The Department authority for regulating amusement rides, which include waterslides, is given in ss.
101.02 (15) (h) to
(j) and
101.17, Stats.
Staff time required
Advisory council meetings (6), plus preparation
4 staff at 6 hrs. each 185
Code topics research, language 120
Hearings, responses, revisions, etc. 65
Administrative and support 25
Environmental assessment 5
TOTAL 400
Insurance
Subject
Regarding Section
Ins 25.13, Wis. Adm. Code, relating to Annual Privacy Notice to Customers Requirements.
Objective of the rule. The proposed rule will consider an exception to annual privacy notification requirements for licensees that are warranty plans. The proposed rule will delineate how such an exception may be granted and types of continuing requirements for excepted licensees.
Policy analysis
Currently the rule requires all licensees to provide a clear and conspicuous notice to customers at least one time in a consecutive twelve-month period. The Office intends to consider an exception for warranty plan licensees so that the notice provision is appropriate to the type of insurance provided to consumers.
Statutory authority
Staff time required
It is estimated that 100 hours will be required to develop the rule. No additional resources will be required.
Natural Resources
Subject
Wolf River fishing rafts.
Policy analysis
In recent years, the townships along the Wolf River have taken a more active role in exercising their authority under s.
30.126, Stats., to regulate fishing rafts. They have discovered that some individuals are attempting to avoid floodplain/shoreland zoning restrictions by registering their structure as a fishing raft. Others try to avoid the fishing raft restrictions by registering their structure as a boat. The townships have requested that DNR further clarify these concepts and other fishing raft provisions.
Statutory authority
Staff time required
Approximately 20 hours will be needed by the Department.
Natural Resources
Subject
2002 Zone T Units.
Policy analysis
The Department will present the Natural Resources Board with the Deer Management Units (DMUs) that require a special Zone T hunting season framework to control the deer populations within those units. In addition, the Department will present the Natural Resources Board with public comments gathered from the local deer quota setting meetings where the Zone T DMUs were discussed. The Natural Resources Board will have an opportunity to review the DMUs that have been determined by the formula in s.
NR 10.01 (3) (ez) (units which cannot get to within 20% of their established deer population goals with a regular deer season framework) to conduct Zone T hunts at their March 27, 2002 meeting.
Statutory authority
Staff time required
The Department will need approximately 80 hours.
Natural Resources
Subject
Update of ch.
NR 812 regarding private wells.
Policy analysis
The main issues to be resolved with these possible code revisions are as follows:
Codify the minimum construction and pump installation standards for dewatering well projects to allow the Department to reduce the staff time presently spent on writing approvals for these projects.
Provisions to reevaluate the requirements that relate to well construction and reconstruction methods and specifications; and annular-space sealing (grouting) methods and material specifications.
Clarifying the restrictions for the location of wells located in proximity to collector sewers.
Many minor language changes are proposed to clarify specific sections of the rule that relate to the requirements for well location, well construction and pump installations.
Statutory authority
Staff time required
The Department will need approximately 300 hours for this rule.
Public Defender
Subject
PD 6.02 (1), relating to the repayment of cost of legal representation.
Policy analysis
Section
977.075 requires that the state public defender board establish by rule a program for repayment of the cost of legal representation. Section
977.05 (1) requires that the state public defender board establish by rule fixed amounts as flat payments for the cost of representation that a person may elect to pay. Section
PD 6.02 (1) is the original rule that was promulgated as required by s.
977.05 (1). The rule provides a flat payment schedule for persons electing to pay within 30 days of the appointment of counsel.
The state public defender board authorized a pilot project beginning in April 1998 in the 14 counties listed below. This project provided 60 days, instead of 30, to pay the lower prepayment amount as satisfaction of the payment obligation.
Adams Florence Forest Kenosha Langlade Lincoln Marathon Oneida Portage Price Taylor Vilas Waupaca Wood
The board authorized the expansion of the project to include Milwaukee in January 2000. Based on 24 months of data, the number of prepayments increased about 2.6% annually in Milwaukee. The 14 counties in the project outside of Milwaukee experienced a 3.3% increase in prepayments.
The proposed rule would amend s.
PD 6.02 (1) to provide a 60-day flat payment option for all counties. It is anticipated that such a rule would result in similar increases in payments in the additional counties.
Statutory authority
Staff time required
20 hours. No other resources are necessary.
