Rule-making notices
Notice of Hearing
Commerce
(Plumbing)
NOTICE IS HEREBY GIVEN that pursuant to ss.
227.14 (4m) and
227.17, Stats., the Department of Commerce will hold public hearings on proposed rules relating to Uniform State Plumbing Code, chs.
Comm 81 to
87.
The public hearing(s) will be held as follows:
Date and Time:
Wednesday, May 19, 2004 at 9:30 a.m.
Location:
TG Thompson Commerce Bldg., Conf. Rm. 3C
201 W. Washington Ave.
Madison, WI
Interested persons are invited to appear at the hearings and present comments on the proposed rules. Persons making oral presentations are requested to submit their comments in writing. Persons submitting comments will not receive individual responses. The hearing record on this proposed rulemaking will remain open until June 4, 2004, to permit submittal of written comments from persons who are unable to attend a hearing or who wish to supplement testimony offered at a hearing or to the following. Individual:
Jean M. MacCubbin, Department of Commerce
Safety & Buildings Division
P.O. Box 2689
Madison, WI 53701-2689
Analysis Prepared by the Department of Commerce
Under section
145.02, Stats., the Department of Commerce has the responsibility of safeguarding public health and the waters of the state relative to the construction, installation and maintenance of plumbing. Additional authority has been granted to allow Commerce to establish fees, set inspection and construction standards and adopt rules to provide for public health, safety and welfare. To fulfill this responsibility the Department has promulgated the state uniform plumbing code, chapters Comm 81 to 87.
The Federal Clean Water Act requires all states to ensure that the nation's waters meet their fishable/swimable designation. In response, Wisconsin's DNR has established performance standards for urban stormwater runoff in chapter NR 151. The proposed revisions to chapter Comm 82 (specifically Comm 82.36 and 82.365) contain options for the designs of plumbing systems so as to aid citizens in their compliance with NR 151. The NR 151 provisions will become effective October 1, 2004.
State stormwater discharge permit rules, under chapter NR 216, have been updated to respond to EPA Phase II stormwater regulations,
40 CFR part 122.26(d). NR 216 also serves as the implementation vehicle for the NR 151 performance standards. Phase II regulates disturbed areas of 1 acre or more. The Federal construction site regulation for such sites requires the creation of a post construction stormwater management plan and implementation of that plan. Revisions to NR 216 require that these post construction stormwater management plans meet or exceed the performance standards set by NR 151. Most of the commercial construction sites under Commerce authority will be affected by those DNR rules.
A comparison of the four surrounding states found the following. Both Iowa and Michigan have adopted national model codes. Iowa has adopted the Uniform Plumbing Code (UPC) and Michigan has adopted the International Plumbing Code (IPC). Minnesota's code is a state written uniform code and Illinois has a state written uniform plumbing code with exceptions for cities that existed prior to Illinois statehood.
The IPC, UPC and Minnesota's code require that all roofs, paved areas, yards, courts and courtyards drain into a separate storm sewer system, or a combined sewer system, or to an approved place of disposal. The “approved place of disposal" is defined as being approved by the authority having jurisdiction. Because of the flexibility of this requirement, a local authority in Iowa, Michigan, Minnesota or one of the cities adopting a national model plumbing code could allow subsurface infiltration. Illinois' code addresses piping materials for stormwater, not the acceptable discharge points, leaving the place of disposal unregulated at the state level.
The most significant difference in other state's codes and this proposal is the recognition and regulation of subsurface storm infiltration systems as viable means of managing stormwater. The subsurface infiltration requirements proposed for Wisconsin are based, in part on experience with Wisconsin private onsite wastewater treatment plumbing systems and knowledge acquired from other states (Maryland and Oregon) where stormwater infiltration has been an accepted practice.
The proposed revisions include minor changes to chapter Comm 2 related to fees for two products (commercial water vending or dispensing machines, and exterior grease interceptors) to be consistent with chapter Comm 84 product review requirements.
Chapter
Comm 81; Revisions to chapter Comm 81 include definitions relating to stormwater and clearwater plumbing systems.
Chapter
Comm 82; A number of additions and revisions are proposed for chapter Comm 82, relating to the design, construction, installation, supervision and inspection of plumbing.
A summary of the significant rule revisions in chapter Comm 82 is as follows:
1. Tables 82.20-1 and 82.20-2 are being amended to include submittals specific to use of the stormwater and reuse of clearwater, and stormwater plumbing conveyance, detention and infiltration systems.
2. Section Comm 82.36 is being repealed and recreated to reflect new options for the design, installation and maintenance of piping, devices and appurtenances in connection with stormwater and clearwater plumbing systems. Proposed changes in this section are as follows:
•Options are allowed for designers to use tables, equations and computer models to comply with the performance requirements stated in the revisions.
•Options are permitted for calculating the inputs to the plumbing system.
•Requirements for calculating runoff volumes are created.
•Tables Comm 82.36-1 to 82.36-4 have been revised for use with both horizontal and vertical piping and expressed in gallons per minute by pipe material and construction.
•Detention on parking lots is limited to 6 inches in depth, except where prohibited by local ordinance.
•The requirement for insulating stormwater piping is clarified so that only stormwater sewers affected by freezing and clearwater sewers require insulation.
•The addition of language to allow pressurized discharges into stormwater piping under certain circumstances.
•The addition of requirements for grates on stormwater horizontal piping inlets.
•Operation and maintenance requirements are proposed for stormwater systems.
3. Section
Comm 82.365 is created to address stormwater and clearwater infiltration systems. Proposed requirements are as follows.
•Requirements for site and soil evaluation are added as a requirement for stormwater and clearwater infiltration systems.
•Soil treatment volume limits are established by creating a new Table 82.365-1, and hydraulic application rates are assigned by the creation of Table 82.365-2.
•Requirements are provided for groundwater mounding assessments for infiltration components with a width of more than 15 feet and depth to groundwater of more than 15 feet.
•A requirement that dry detention systems must be designed to drain within 24 hours of a storm event.
4. Table Comm 82.70-1, plumbing treatment standards, is amended to prohibit the irrigation of food crops with plumbing system reuse water and to create a performance requirement for cyst and oocyst reduction for possible human contact water such as car washing and toilet and urinal flushing.
Chapter
Comm 84; Section
Comm 84.30 (6) is amended to recognize infiltration components allowed for use in designing stormwater infiltration systems. An additional paragraph recognizes synthetic aggregate for POWTS and stormwater infiltration systems.
The proposed rule revisions were developed with the assistance of the Plumbing Advisory Code Council.
Name Representing
Thomas Boehnen-American Society of Plumbing
Rudy Petrowitsch-American Society of Sanitary Engineers
Jack Ellinger/Alex Newirth/Louie Pody-State AFL-CIO
Gary Kowalke-Plumbing contractors
Mark Krowski-City of Milwaukee, Plumbing Inspection
Jeff Kuhn-Plumbing & Mechanical Contractors of SE WI
Clint McCullough-Madison Contractors Association
Bob Netzler/Art Biesek-League of Wisconsin Municipalities
Joe Zoulek-WI Association of Plumbing, Heating, & Cooling Contractors, Inc.
Dave Viola-Plumbing Manufacturers Institute
Dale Schlieve-WI Society of Professional Designers of
Engineering Systems, Inc.
Gene Shumann-Plumbing designers
Also assisting Commerce with these rule revisions were technical advisors (Jim Davis and Steve Macejkovic, technical college instructors) and members of an ad hoc stormwater workgroup, which included the following individuals: Mazen Amer, City of Milwaukee - Engineering; Tom Cottreau, City of Milwaukee- Plumbing Inspection; Willie Gonwa; Tirad Engineering, Inc.; Dan Jensen; Weiser Concrete; Bob Pups, City of Greenfield - Plumbing Inspection; Mary Anne Lowndes, WDNR; and Jim Wolf, City of Madison - Plumbing Inspection.
These hearings are held in accessible facilities. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call (608) 266-8741 or (608) 264-8777 (TTY) at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audio tape format will, to the fullest extent possible, be made available upon request by a person with a disability.
The proposed rules and an analysis of the proposed rules are available on the Internet at the Safety and Buildings Division web site at:
Initial Regulatory Flexibility Analysis
Types of small businesses that will be affected by the rules.
Small businesses involved in the disturbance and development of building sites with disturbed areas of one acre or more will be affected by these rules. Small businesses that own such sites will be required to develop and submit a stormwater management plan in accordance with this chapter.
If an applicant chooses to comply with the treatment standards of ch.
NR 151 and to use a stormwater or clearwater plumbing or infiltration system as the solution, the cost of a project may increase depending on the size and scope of the system proposed. There may be on-going maintenance costs to the property owner depending on the stormwater and clearwater plumbing or infiltration system installed.
Reporting, bookkeeping and other procedures required for compliance with the rules.
No new reporting or bookkeeping is required.
Types of professional skills necessary for compliance with the rules.
When utilizing infiltration for the handling of stormwater or clearwater on a building site, a small business may need to retain the services of a certified soil tester, soil scientist or other professional to conduct a site and soil investigation as well as to assist in the design of the stormwater or clearwater infiltration plan.
Environmental Assessment
Relating to: Fees and Uniform State Plumbing Code
Notice is hereby given that the Department has prepared a preliminary Environmental Assessment (EA) on the proposed rules. The preliminary recommendation is a finding of no significant impact. Copies of the preliminary EA are available from the Department on request and will be available at the public hearing to be held:
Wednesday, May 19, 2004
9:30 a.m.
TG Thompson Commerce Bldg., Conf. Rm. 3C
Madison, WI
201 W. Washington Ave.
Requests for the EA and comments on the EA should be directed to:
Jean M. MacCubbin
Department of Commerce
Safety & Buildings Division
P.O. Box 2689
Madison, WI 53701-2689
(608) 266-0955
or TTY (608) 264-8777
Written comments will be accepted until: June 4, 2004.
Fiscal Estimate
No State fiscal effect.
If an applicant chooses to comply with the treatment standards of ch.
NR 151 and to use a stormwater or clearwater plumbing or infiltration system as the solution, the cost of a project may increase depending on the size and scope of the system proposed. There may be on-going maintenance costs to the property owner depending on the stormwater and clearwater plumbing or infiltration system installed.
Notice of Hearing
Notice is hereby given that pursuant to the authority granted under s.
601.41(3), Stats., and the procedures set forth in under s.
227.18, Stats., OCI will hold a public hearing to consider the adoption of the attached proposed rulemaking order affecting sections
Ins 17.01(3) and
17.28 (6), Wis. Adm. Code, relating to annual patients compensation fund and mediation fund fees.
Hearing Information
Date: Tuesday, May 18, 2004
Time: 10:00 a.m., or as soon thereafter as the matter may be reached
Place: OCI, 2nd Floor, Room 223, 125 South Webster Street, Madison, WI
Written comments or email comments submitted through the Wisconsin Administrative Rule website at
https://apps3.dhfs.state.wi.us/admrules/public/Home on the proposed rule will be accepted into the record and receive the same consideration as testimony presented at the hearing if they are received at OCI by the end of business on the date of the hearing. Written comments should be addressed to: Alice M. Shuman-Johnson, OCI, PO Box 7873, Madison WI 53707-7873.
Analysis
The commissioner of insurance, with the approval of the board of governors (board) of the patients compensation fund (fund), is required to establish by administrative rule the annual fees which participating health care providers must pay to the fund. This rule establishes those fees for the fiscal year beginning July 1, 2004. These fees represent a 20 % decrease compared with fees paid for the 2003-04 fiscal year. The board approved these fees at its meetings on December 17, 2003 and on February 25, 2004, based on the recommendation of the board's actuarial and underwriting committee and reports of the fund's actuaries.
The board is also required to promulgate by rule the annual fees for the operation of the patients compensation mediation system, based on the recommendation of the director of state courts. This rule implements the funding level recommendation of the board's actuarial and underwriting committee by establishing mediation panel fees for the next fiscal year at $46.00 for physicians and $3.00 per occupied bed for hospitals, representing an increase from 2003-04 fiscal year mediation panel fees.
Comparison of Similar Rules in Adjacent States as Found by OCI
To the fund board's and OCI's knowledge there are no similar rules in the adjacent states to compare this rule to as none of these states have a patients compensation fund created by statute where rates are directed to be established yearly by rule as is true in Wisconsin.
Summary of and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
To the fund board's and OCI's knowledge there is no existing or proposed federal regulation that is intended to address patient compensation fund rates, administration or activities.
Fiscal Estimate
The Patients Compensation Fund (Fund) is a segregated fund. Annual Fund fees are established to become effective each July 1, based on actuarial estimates of the Fund's needs for payment of medical malpractice claims. The proposed fees were approved by the Fund's Board of Governors at its February 25,, 2004 meeting.
The Wisconsin Patients Compensation Fund is a unique fund; there are no funds like it in the country. The WI PCF provides unlimited liability and participation is mandatory. These two items are what makes it unique as compared to funds in other states. The only persons being affected by this rule change; are the Fund participants themselves; as the PCF is fully funded through assessments paid by Fund participants.
There is no effect on GPR.
Estimated revenue from fees, for fiscal year 2004-2005, is approximately $23.0 million, which represents a 20% decrease to fiscal year, 2003-2004 fee revenue.
Initial Regulatory Flexibility Analysis
This rule does not impose any additional requirements on small businesses.
Contact Person
A copy of the full text of the proposed rule changes, analysis and fiscal estimate may be obtained from the OCI internet WEB site at
http://oci.wi.gov/ocirules.htm or by contacting Inger Williams, Services Section, Office of the Commissioner of Insurance, at (608) 264-8110 or at 125 South Webster Street, PO Box 7873, Madison WI 53707-7873.
Notice of Hearing
Natural Resources
(Environmental Protection—WPDES)
NOTICE IS HEREBY GIVEN that pursuant to ss.
227.11 (2) (a),
281.19 (1),
283.31,
283.55 (1) and
299.15, Stats., interpreting chs.
281,
283 and
299, Stats., the Department of Natural Resources will hold a public hearing repealing and recreating Tables A, B, BM, C, D, E, EM and F of ch.
NR 219 and creating Table ES of ch.
NR 219, Wis. Adm. Code, relating to analytical test methods for testing effluent discharges. Chapter
NR 219 establishes analytical test procedures required for the analyses of wastewater samples for WPDES permit compliance. The purpose of revising ch.
NR 219 is to adopt revisions to the federal regulations. Other U.S. EPA methods which have been revised will have their citations updated. In addition, methods for the analysis of PCBs in sludge will be included.
NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:
May 12, 2004
(Wednesday)
at 9:00 a.m.
|
Video conference participation will be available at:
Room 8F, State Office Building
101 E. Wilson Street, Madison
Room 618, State Office Building
200 N. Jefferson Street, Green Bay
Room 139, State Office Building
718 W. Clairemont Ave., Eau Claire
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NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Ron Arneson at (608) 264-8949 with specific information on your request at least 10 days before the date of the scheduled hearing.
Written Comments and Copies of Rule
Written comments on the proposed rule may be submitted by mail to Mr. Ron Arneson, Bureau of Integrated Science Services, P.O. Box 7921, Madison, WI 53707 or by e-mail to Mr. Arneson at
Ronald.Arneson@dnr.state.wi.us no later than
May 21, 2004. Written comments will have the same weight and effect as oral statements presented at the hearing. A copy of the proposed rules and fiscal estimates are available at
http:/DNR.Wisconsin.gov/org/es/science/LC/ or may be obtained from Mr. Arneson.
Initial Regulatory Flexibility Analysis
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s.
227.114, Stats., the proposed rule may have an impact on small businesses. The initial regulatory flexibility analysis is as follows:
a. Types of small businesses affected: All certified and registered laboratories analyzing samples for compliance with WPDES permits.
b. Description of reporting and bookkeeping procedures required: No new procedures.
c. Description of professional skills required: No new skills.
Fiscal Estimate
The proposed rule would require that municipal sewage treatment plant sludges have required extract clean-up procedures for the analysis of PCBs in sludge. Many laboratories do not use all of the clean-up procedures necessary to enable proper chromatography of sludge samples.
There will be no significant cost increases to the state to prepare and implement the rules.
The increased cost estimates for municipalities are as follows:
Current PCB testing for most municipalities is once every 5 years at a cost estimated at about $125 per sample. At an average of
81 samples per year, this equates to $10,125 per year (81 X $125 = $10,125).
The number of samples would remain the same under the revised administrative code changes. It is assumed the additional clean-up step for the analyses will cost approximately $125 per sample more. Therefore, the total cost under the proposed rule revision
is $20,250 per year (81 X $250 - $20,250).
The estimated net increase in sampling costs is $10,125 per year ($20,250 new - $10,125 existing = $10,125)
It is assumed that there are no other significant costs to the state or to municipalities to implement the proposed rule revisions.
Environmental Analysis
NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch.
NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.
Notice of Hearing
Natural Resources
(Environmental Protection-Water Regulation)
NOTICE IS HEREBY GIVEN that pursuant to ss.
30.01 (1am),
30.12,
30.121,
30.123,
30.13,
30.19,
30.20,
30.2035,
30.206,
30.208,
30.209,
30.28,
30.291,
30.298,
227.11 (2),
227.24,
281.22,
281.36 and
281.37, Stats., interpreting ss.
30.01 (1am),
30.10 to
30.27,
30.281,
31.02 to
31.38,
281.22,
281.36 and
281.37, Stats., the Department of Natural Resources will hold a public hearing on Natural Resources Board Emergency Order Nos. FH-13-04(E), FH-14-04(E), FH-15-04(E), FH-16-04(E), FH-17-04(E), FH-18-04(E), FH-19-04(E), FH-20-04(E), FH-22-04(E), FH-23-04(E) pertaining to regulation of activities in Wisconsin's navigable public waters. These emergency orders will take effect on April 19, 2004.
NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:
May 19, 2004 Room 041, GEF #3
(Wednesday) 125 South Webster Street
at 3:00 p.m. Madison
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Ms. Liesa Nesta at (608) 266-2997 with specific information on your request at least 10 days before the date of the scheduled hearing.
Analysis Prepared by Department of Natural Resources
The emergency rules explain procedures for exemptions, general permits and individual permits, designate waters where exemptions don't apply, and provide standards for piers, dredging, shore protection and other activities along lakes and rivers. The proposed emergency rules implement
2003 Wisconsin Act 118, which went into effect on February 6, 2004. The rules are intended to speed waterway permit decisions and assure the law changes are applied consistently statewide while maintaining the protections for lakes and rivers that are guaranteed by Wisconsin's courts and constitution. The individual emergency orders include:
• FH-13-04(E) creating ss.
NR 1.016,
1.05,
1.06 and
1.07 relating to Natural Resources Board policies on protection and management of public waters
• FH-14-04(E) repealing ch.
NR 322, revising ch.
NR 300 and creating ch.
NR 310 relating to timelines and procedures for exemptions, general permits and individual permits for activities in navigable waterways
• FH-15-04(E) revising ch.
NR 320 relating to the regulation of bridges and culverts in or over navigable waterways
• FH-16-04(E) repealing and recreating ch.
NR 323 relating to fish and wildlife habitat structures in navigable waterways
• FH-17-04(E) revising ch.
NR 325 relating to boathouses and fixed houseboats in navigable waterways
• FH-18-04(E) revising ch.
NR 326 relating to regulation of piers, wharves, boat shelters, boat hoists, boat lifts and swim rafts in navigable waterways
• FH-19-04(E) creating subch.
I of ch. NR 328 relating to shore erosion control of inland lakes and impoundments
• FH-20-04(E) creating ch.
NR 329 relating to miscellaneous structures in navigable waterways
• FH-22-04(E) creating ch.
NR 343 relating to regulation of construction dredging and enlargement of an artificial water body
• FH-23-04(E) creating ch.
NR 345 relating to dredging in navigable waterways
Written Comments and Copies of Rule
Written comments on the emergency rule may be submitted to Ms. Liesa Nesta, Bureau of Fisheries Management and Habitat Protection – FH/3, P.O. Box 7921, Madison, WI 53707-7921 no later than
May 21, 2004. Written comments will have the same weight and effect as oral statements presented at the hearing. A copy of the individual emergency rules may be obtained from Ms. Nesta or they are available on either the Revisor of Statutes website at
www.legis.state.wi.us/rsb/code or the Department's website at:
www.dnr.wi.gov/org/wa
ter/fhp/waterway/emergencyrules.
html.
Notice of Hearing
Natural Resources
(Environmental Proection - Air Pollution Control)
NOTICE IS HEREBY GIVEN that pursuant to ss.
227.11 (2) (a) and
285.11, Stats., interpreting s.
285.11 (6), Stats., the Department of Natural Resources will hold a public hearing on revisions to chs.
NR 421,
460,
463 and
484, Wis. Adm. Code, relating to national emission standards for hazardous air pollutants for facilities engaged in the secondary production of aluminum. This national emission standard for hazardous air pollutants (NESHAP) became effective on March 23, 2000 when it was published in the Federal Register as
40 CFR part 63 Subpart RRR. Section
285.27 (2), Stats., requires the Department to promulgate NESHAPs into Wisconsin administrative code. These standards apply to new and existing major and minor sources of hazardous air pollutant emissions that are part of the secondary production of aluminum. As required by s.
285.27 (2) (a), Stats., the proposed rule is substantially consistent with, and does not exceed, the federal requirement.
NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:
May 19, 2004 Room 517, GEF #2
(Wednesday) 101 South Webster Street
at 11:00 a.m. Madison
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Dan Rosenthal at (608) 266-3450 with specific information on your request at least 10 days before the date of the scheduled hearing.
Written Comments and Copies of Rule
Written comments on the proposed rule may be submitted to Mr. Dan Rosenthal, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707 no later than June 4, 2004. Written comments will have the same weight and effect as oral statements presented at the hearing.
A copy of the proposed rule AM-38-03 and its fiscal estimate may be obtained from:
Proposed Rules
Bureau of Air Management
P.O. Box 7921
Madison, WI 53707
Phone: (608) 266-7718
FAX: (608) 267-0560
Initial Regulatory Flexibility Analysis
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s.
227.114, Stats., the proposed rule may have an impact on small businesses. The initial regulatory flexibility analysis is as follows:
a. Types of small businesses affected: Salvage recovery operations
b. Description of reporting and bookkeeping procedures required: Identical to requirements in the federal NESHAP
c. Description of professional skills required: Identical to requirement in the federal NESHAP
Fiscal Estimate
The department is already responsible for implementing this NESHAP, and does so through routine inspection, enforcement activities, and the operation permit program. Incorporating this NESHAP into Wisconsin Administrative Code does not impose additional costs on the the department.
Local governments have no role in implementing this standard and therefore will not incure any costs as a result of this proposed rule action .
Environmental Analysis
NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch.
NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.
Notice of Hearing
NOTICE IS HEREBY GIVEN that pursuant to s.
85.21, Stats., and interpreting s.
85.21, Stats., the Department of Transportation will hold a public hearing in
Room 951 of the Hill Farms State Transportation Building, 4802 Sheboygan Avenue, Madison, Wisconsin on the
19th day of May, 2004, at
10:00 AM, to consider the amendment of ch.
Trans 1, Wisconsin Administrative Code, relating to the elderly and disabled transportation assistance to counties.
An interpreter for the hearing impaired will be available on request for this hearing. Please make reservations for a hearing interpreter at least 10 days prior to the hearing.
The public record on this proposed rule making will be held open until close of business May 26, 2004, to permit the submission of written comments from persons unable to attend the public hearing or who wish to supplement testimony offered at the hearing. Any such comments should be submitted to David Lowe, Department of Transportation, Division of Transportation Investment Management, Specialized Transit Section, Room 951, P. O. Box 7913, Madison, WI 53707-7913.
Parking for persons with disabilities and an accessible entrance are available on the north and south sides of the Hill Farms State Transportation Building.
Analysis Prepared by the Wisconsin Department of Transportation
Statutory Authority: s.
85.21, Stats.
Statutes Interpreted: s.
85.21, Stats.
General Summary of Proposed Rule
Chapter Trans 1 establishes the Department's administrative interpretation of s.
85.21, Stats., and prescribes administrative policies and procedures for implementing the elderly and disabled transportation assistance to counties authorized under s.
85.21, Stats. The purpose of this rule making is to cap the amount counties can keep in trust funds, update language regarding program procedures and report requirements and allow counties more flexibility in meeting trip purpose priorities.
The current rule allows a county to establish a trust fund and deposit all or part of its allocation into this fund. Trust funds can only be used for the purchase or maintenance of transportation equipment or to make grants to other governments and private non-profit organizations, which provide specialized transportation services. When the rules governing trust funds were established, counties were not eligible applicants under the Section 5310 Capital Assistance program for specialized transportation. (The 5310 Program provides grants to cover 80% of the cost of vehicles with the grantee paying the remaining 20%). In the past, trust funds provided a means for counties to save the significant amounts of money needed for the purchase of vehicles. Counties are now eligible applicants for the 5310 Program and can also contract with successful 5310 Program grantees in their county. The need to save large amounts of program dollars for vehicles no longer exists. Currently, a few counties have amassed considerable sums of money in their trust funds. The proposed rule places a cap on trust funds at $80,000.
DOT's District offices currently have a front-door role in this program, providing basic program information and referring interested parties to the program expert in the Central Office. The proposed changes update ch.
Trans 1 to reflect this current business practice.
Currently, the rule prescribes ways a county can meet trip purpose requirements. The proposed rule increases flexibility in how counties administer trip purpose requirements to meet each county's individual need.
The current rule requires that all passenger revenue received in a given year be applied to transportation expenses incurred in that same year. This is difficult to apply in reality as bills for expenditures may now come in for several months after the end of the calendar year. The proposed changes keep the intent of the original rule—applying passenger revenues to transportation expenses—but don't define a timeline.
Providing more flexibility to counties and limiting the amount of aid that may be held in trust should result in higher levels of service to Wisconsin's elderly and disabled population.
Fiscal Estimate
The Department estimates that there will be no fiscal impact on the liabilities or revenues of any county, city, village, town, school district, vocational, technical and adult education district, sewerage district, or federally-recognized tribes or bands. The Department estimates that there will be no fiscal impact on state revenues or liabilities.
Initial Regulatory Flexibility Analysis
This proposed rule will have no adverse impact on small businesses.
Copies of Proposed Rule and Contact Person
Copies of the rule may be obtained upon request, without cost, by writing to David Lowe, Department of Transportation, Division of Transportation Investment Management, Specialized Transit Section, Room 951, P. O. Box 7913, Madison, WI 53707-7913, or by calling (608) 266-9476. Hearing-impaired individuals may contact the Department using TDD (608) 266-3096. Alternate formats of the proposed rule will be provided to individuals at their request.
Notice of Hearings
Workforce Development
NOTICE IS HEREBY GIVEN that pursuant to Sections
104.04 and
227.11, Stats., the Department of Workforce Development proposes to hold 5 public hearings to consider the amendment of rules relating to increasing Wisconsin's minimum wages.
Hearing Information
Monday, May 17, 2004 - 1:00 p.m.
Rock County Job Center
1900 Center Avenue Room K
Janesville
Tuesday, May 18, 2004 - 1:00 p.m.
Milwaukee Job Center South/UMOS
1644 S. 9th Street
Milwaukee
Wednesday, May 19, 2004 - 1:00 p.m.
Chippewa Valley Technical College
Clairemont Campus
Room 103 Auditorium
620 W Clairemont Avenue
Eau Claire
Thursday, May 20, 2004 - 9:00-11:00 a.m.
UW Marathon County
Room 233 Lecture Hall
518 S. 7th Avenue
Wausau
Thursday, May 20, 2004 – 2:00 p.m.
Brown County Central Library
515 Pine Street - Meeting Rooms 1 & 2 (downstairs)
Green Bay
Interested persons are invited to appear at a hearing and will be afforded the opportunity to make an oral presentation of their positions. Persons making oral presentations are requested to submit their facts, views, and suggested rewording in writing. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call (608) 267-9403 at least 10 days prior to the hearing date. Accommodations such as ASL interpreters, English translators, or materials in audiotape format will be made available on request to the fullest extent possible.
Analysis Prepared by the Department of Workforce Development
Statutes interpreted:
Chapter
104, Stats.
Wisconsin needs a minimum wage increase
Creating good paying jobs and a “high end" economy is a top priority for Governor Jim Doyle's administration. A key focus of the Governor's Grow Wisconsin economic development plan is investing in people and helping families climb the economic ladder. One of the most important initiatives in the Governor's plan is raising the state minimum wage. Such an increase ensures that Wisconsin's lowest wage workers will share in the benefits of economic growth as Wisconsin's economy moves forward.
This is a critical time for Wisconsin to support low-wage workers by increasing the minimum wage. In 2004, the federal minimum wage will fall to its lowest inflation-adjusted value of all time. The buying power of the minimum wage in 1970 equaled about $8.00 in 2003 dollars. Given the declining value of the minimum wage and the lack of federal action to increase it, 12 other states have already established minimum wages above the federal level.
When wages are so low that workers and their families can't afford their most basic needs, the costs that society, particularly taxpayers, must bear related to poverty are so insidious that anything that helps divert those expenses back to the consumers of the services provided by those low-wage workers is worthwhile. Educational failure, workforce failure, citizenship failure can very often be traced back to families forced to live in poverty. An adequate minimum wage supports workers, helps strengthen families and communities, and promotes the state's overall economic and fiscal health. Family-supporting wages reduce dependence on the state and increase tax revenue from these families, decreasing the burden on Wisconsin's taxpayers.
It is estimated that 200,000 workers will be affected by Wisconsin's minimum wage increase. Many of these workers are adults and a larger than proportionate share are minorities. Putting more money in the hand of these low-wage workers will result in $175 million in consumer expenditures in Wisconsin's economy. Low-wage workers spend nearly their entire income in the local economy on basics. This spending stimulates the local economy and benefits local businesses because spending is concentrated locally on food, clothing, shelter, and transportation. Evidence of a negative effect on employment opportunities available to low-wage workers as a result of a minimum wage increase is inconclusive as both advocates and opponents are able to produce studies supporting their side of the issue.
Minimum wage increases
Chapter
104, Stats., and Chapter
DWD 272 provide that Wisconsin's minimum wage should be sufficient to enable the employee receiving it to maintain himself or herself under conditions consistent with his or her reasonable comfort, physical well-being, decency, and moral well-being. Section
104.04, Stats., directs the Department of Workforce Development to determine the state's minimum wage taking into consideration the effect of the wage on the economy of the state, including employment opportunities for low-wage workers and regional economic conditions within the state.
Governor Doyle and the Department of Workforce Development convened a Minimum Wage Advisory Council to assist with determining whether there should be an increase in Wisconsin's minimum wage. The Council included leaders from the business community, labor organizations, the university system, and both houses of the legislature. The Department's Office of Economic Advisors provided the Advisory Council with data from the U.S. Census; Current Population Survey; and the U.S. Department of Labor, Bureau of Labor Statistics, Occupational Employment Statistics. The Council considered this data and made the following recommendations:
General minimum wage rate
•Increases to $5.70/hour effective when rule is effective (currently $5.15/hour)
•Increases to $6.50/hour effective 10/01/05
Minor minimum wage rate
• Increases to $5.30/hour effective when rule is effective (currently same as adult rate $5.15/hour)
•Increases to $5.90/hour effective 10/01/05
Opportunity minimum wage rate
•Increases to $5.30/hour effective when rule is effective (currently $4.25/hour)
•Increases to $5.90/hour effective 10/01/05
Agriculture minimum wage rate for workers age 18 and over
Increases to $5.15/hour effective when rule is effective (currently $4.05/hour)
Agricultural minimum wage rate for workers age 17 and under
Increases to $4.25/hour effective when rule is effective (currently $3.70/hour)\
Camp counselor minimum wage rate for workers age 18 and over
•Increases to $285/week effective when rule is effective, and $315/week effective 10/01/05, if no room or board provided (currently $140/week)
•Increases to $217/week effective when rule is effective, and $240/week effective 10/01/05, if board provided (currently $110/week)
•Increases to $171/week effective when rule is effective, and $189/week effective 10/01/05, if room and board provided (currently $91/week)
Camp counselor minimum wage rate for workers age 17 and under
•Increases to $265/week effective when rule is effective, and $275/week effective 10/01/05, if no room or board provided (currently $123/week)
•Increases to $202/week effective when rule is effective, and $209/week effective 10/01/05, if board provided (currently $92/week)
•Increases to $159/week effective when rule is effective, and $165/week effective 10/01/05, if room and board provided (currently $74/week)
Golf caddy minimum wage rate
Increases to $10.50 for 18 holes, and $5.90 for 9 holes effective when rule is effective (currently $5.95 for 18 holes and $3.35 for 9 holes)
Effect of minimum wage increases on Wisconsin's economy
The Department of Workforce Development estimates that 200,000 workers will be affected by the minimum wage increases. The average wage increase among the 200,000 affected workers will be about $.60 per hour.
•The $5.15 to $5.70 increase in the general rate that will occur when this rule is effective will directly raise the pay of 40,000 to 45,000 workers.
•The $5.70 to $6.50 increase in the general rate that will occur on October 1, 2005, will directly raise the pay of 50,000 to 60,000 workers.
•The $5.15 to $5.30 increase in the minor rate that will occur when this rule is effective will directly raise the pay of 15,000 to 20,000 workers.
•The $5.30 to $5.90 increase in the minor rate that will occur on October 1, 2005, will directly raise the pay of 20,000 to 30,000 workers.
•It is expected that approximately 110,000 workers making slightly above the new minimum wages will be indirectly affected by the minimum wage increases and will also receive pay increases.
It is estimated that nearly 80% of these low-wage workers are over 18 years of age, 65% are female, and over one-third are heads of their household. These workers are African-American, Hispanic, and Asian in numbers larger than their proportion in the population. Over two-thirds of these low-wage workers work more than half-time:
30% work 1-19 hours per week
35% work 20-34 hours per week
35% work 35+ hours per week
They work as food service workers, retail clerks, cleaning and housekeeping laborers, personal care attendants, child care workers, telemarketers, laundry and dry cleaning workers, veterinary assistants, home health care aides, office workers, gaming change and booth cashiers, building and grounds maintenance laborers, and many other occupations in virtually all industries in the state.
The industry with the largest number of workers affected by a minimum wage increase is the leisure and hospitality industry—75% of affected employees work in this industry. Leisure and hospitality includes accommodations and foods as well as arts, entertainment, and recreation. Pay is low in the leisure and hospitality industry overall but particularly low in the accommodations and foods sector. In hotels and motels, 40% of workers earn less than $6.50, and in restaurants 20% of workers earn less than $6.50. The pay of Wisconsin workers in the accommodations and foods industry is almost the lowest in the country ranking 49th nationally.
The effect of the wage increase on business will be $175 million in increased payroll costs. Low-wage workers will circulate this money back into the economy immediately, representing a 0.1 percent increase in the gross state product. The increased spending by affected workers may be a revenue growth for some businesses. The effects may be slightly greater in northern, rural regions of the state where minimum wage jobs make up a greater percentage of the workforce. Higher wages also have a positive impact on both workers and their employers by reducing turnover, increasing work experience, and saving on training and recruitment costs for both workers and employers. Any increase in the cost of doing business will likely be passed on to consumers as part of the price of the product or service being purchased.
Section
227.114, Stats., requires that the Department consider the effect of the rule on small business, which is defined as fewer than 25 employees or $2.5 million in gross annual sales, and consider exemptions or less stringent deadlines for compliance if there is an effect on small business. The Department estimates that a very high percentage of workers affected by this minimum wage increase work for employers with less than 25 employees or $2.5 million in gross annual sales. If the rule exempted these employers from minimum wage coverage, it would render the minimum wage nearly meaningless.
Fiscal effect on state and local government
It is estimated that 35% of the additional $175 million in consumer expenditures will be on items subject to the sales tax. This translates to increased revenue of approximately $3 million for the state and some increased revenue for counties with a local sales tax.
There may be increased state revenue from the income tax on higher incomes for approximately 200,000 workers. A request is being submitted to the Department of Revenue for an estimate of the increase and any possible offset due to decreased corporate tax revenue based on increased payroll costs. An amended fiscal estimate will be included when the proposed rule is submitted for legislative review.
It is estimated that 100-200 local governmental employees across the state who work as seasonal summer helpers may be affected by the increase. The increased cost is estimated at approximately $20,000 across all local governments in the state. The minimum wage increase is not expected to affect state employees.
Federal law and adjacent states
Section
227.14 (2)3. and 4., Stats., requires the Department to compare the proposed rule to any existing or proposed federal regulation and rules in adjacent states.
General rate:
Federal $5.15
Iowa $5.15
Michigan $5.15
Minnesota $5.15 for employers covered by Federal Labor Standards Act
$4.90 for employers not covered by Federal Labor Standards Act
Illinois $5.50, increasing to $6.50 on January 1, 2005
Minor rate:
Federal None
Iowa None
Michigan None
Minnesota None
Illinois $5.00, increasing to $6.00 on January 1, 2005
Opportunity rate:
Federal $4.25 for employees under 20 years old for first 90 days of employment
Iowa $4.25 for all employees for first 90 days of employment
Michigan $4.25 for 16- to 19-year-olds for first 90 days of employment
Minnesota $4.25 for employees under 20 years old for first 90 days of employment
Illinois No opportunity wage of general application. Employers may apply for license from Illinois Department of Labor to pay adult learners 70% of minimum wage rate for initial six months of employment.
Agricultural rate:
Federal None
Iowa None
Michigan None
Minnesota None
Illinois None
Camp counselor rate:
Federal None
Iowa None
Michigan None
Minnesota None
Illinois $220 per week, increasing to $260 per week on January 1, 2005
Golf caddy rate:
Federal: None
Iowa: None
Michigan: None
Minnesota None
Illinois: Exempt from minimum wage
Proposed federal change:
Senator Kennedy introduced an amendment to the welfare reform reauthorization bill that would increase the federal minimum wage from $5.15 to $7.00 over 2 years. As of April 1, the Senate is deadlocked and the minimum wage increase and welfare reform reauthorization are in limbo. The current welfare reform authorization expires June 30. Senator Kennedy has vowed to attempt to attach his minimum wage measure to every bill that hits the Senate floor.
On April 14, Republican Senators announced that they are crafting legislation that would phase in an increase of the federal minimum wage to $6.25, packaged with business-friendly measures.
Technical correction
The proposed rule also repeals and recreates the policy that travel time for the benefit of the employer is work time. It is rewritten for clarity and with no change in substance.
Initial Regulatory Flexibility Analysis
The proposed rules will affect small business as defined in s.
227.14, Stats. The businesses affected are primarily in the leisure and hospitality industry. These businesses will be required to pay their workers at or above the new minimum wages. There are no additional reporting or bookkeeping requirements, and no professional skills are necessary for compliance with the rule.
Contact Information
The proposed rules are available at the web site
http://adminrules.wisconsin.gov by typing “minimum wage" in the search engine. This site allows you to view documents associated with this rule's promulgation, register to receive email notification whenever the Department posts new information about this rulemaking order, and submit comments and view comments by others during the public comment period. You may receive a paper copy of the rule by contacting:
Elaine Pridgen
Office of Legal Counsel
Dept. of Workforce Development
201 E. Washington Avenue
P.O. Box 7946
Madison, WI 53707-7946
(608) 267-9403
Written Comments
Written comments on the proposed rules received at the above address or through the
http://adminrules.wisconsin.gov web site no later than May 21, 2004, will be given the same consideration as testimony presented at the hearing.
