Scope statements
Commerce
Subject
Objective of the rule. The objective of the rule is to revise the department's requirements relating to plan review processing times.
Policy analysis
Currently, plan review processing times specified in the respective department chapters are based on receipt of all forms, fees, documents and information required to complete the review. This method of determining the starting date of processing times is not compatible with the new procedure that allows individuals to schedule a plan review appointment date over the Internet or by telephone. With the new appointment scheduling, plans may be received by the department any time before the appointment date, and the specified processing time could have expired by the date of the appointment. The rule will propose revisions to address this incompatibility.
The alternative of not revising the plan review processing time rules will result in continued confusion as to whether the specified processing times are being met.
Statutory authority
Staff time required
The department estimates that it will take approximately 100 hours to develop this rule. This time includes drafting the rule and processing the rule through public hearings, legislative review and adoption. The department will assign existing staff to develop the rule. There are no other resources necessary to develop the rule.
Entities affected by the rule
The rule will affect any person submitting plans to the department for required plan review. This includes plans for elevators, ski lifts, buildings, plumbing systems, and public swimming pools.
Comparison with federal requirements
The activities to be regulated by the rule are specific to the department's administrative procedures relating to plan review. There are no existing or proposed federal regulations that address the activities to be regulated by the rule.
Commerce
Subject
The objective of the rule is to revise chapter Comm 5, in one or more rule packages, to address at least the following subjects:
a) The terms of the licenses for plumbers and automatic fire sprinkler installers.
b) The definition of “HVAC equipment" as it relates to the registration of HVAC contractors.
c) The scope of application of the HVAC contractor registration requirements.
d) The evaluation and revision of license, certification and registration rules as needed to coordinate with changes in related statutes, codes or programs.
Policy analysis
The terms of most of the credentials for plumbers and automatic fire sprinkler installers in chapter Comm 5 are determined by statute in chapter 145, Stats., as being no longer than 2 years.
2005 Wisconsin Act 25 contained revisions to the credential terms specified in chapter 145, Stats. The rule will propose revisions to chapter Comm 5 that will set most credential terms for plumbers and automatic fire sprinkler installers at 4 years, as now allowed in chapter 145, Stats.
The current definition of “HVAC equipment" in chapter Comm 5 specifies equipment that is included and not included under the definition. This definition is used to determine whether or not a person must be registered as an HVAC contractor in order to install or service HVAC equipment. The rule will propose revisions to that definition for clarification of the contractor registration requirement.
The existing requirements for registration as an HVAC contractor do not address the activity where a person installs an HVAC system in a facility owned by the person. The rule may propose revisions to the HVAC contractor registration requirements to address that activity.
The current license, certification and registration rules in chapter Comm 5 are coordinated with the current statutes, codes and programs upon which the rules are based. As those related statutes, codes and programs change, the respective rules in chapter Comm 5 need to be changed. The rule will propose revisions as needed in order to keep current with those related statutes, codes and programs.
Statutory authority
Staff time required
The Department estimates that it will take approximately 200 hours to develop this rule package. This time includes meeting with affected industry groups, then drafting the rule and processing the rule through public hearings, legislative review and adoption. The Department will assign existing staff to develop the rule. There are no other resources necessary to develop the rule.
Entities affected by the rule
The rule will affect any person or business that obtains a license, certification or registration under chapter Comm 5 from the Department.
Comparison with federal requirements
There are no existing or proposed federal regulations that address the activities to be regulated by the rules applying to the licensure of plumbers or automatic fire sprinkler system installers, or to the registration of HVAC contractors.
The federal government issues licenses for a variety of activities, such as radio services, exporting, fisheries, storage of spent nuclear fuel, nuclear power plants, explosive materials dealer, and patents. The following 2 rules in chapter Comm 5 relate to activities addressed by the federal government.
a) Section
Comm 5.21 requires a person to hold a license issued by the department as a licensed fireworks manufacturer in order to manufacture fireworks in this state. To qualify for the fireworks manufacturer license, a person must hold a federal license issued under
18 USC chapter 40 section
843.
b) Section
Comm 5.72 requires a person to hold a certification issued by the department as a certified refrigerant handling technician in order to install or service a piece of refrigeration equipment that would release or may release an ozone-depleting refrigerant. To qualify for the refrigerant handling technician certification, a person must hold a technician certification issued in accordance with the federal regulations under title
40 CFR Part 82 Protection of Stratospheric Ozone, Subpart F Recycling and Emissions Reduction.
Commerce
Subject
The objective of the rule is to revise chapter Comm 155 relating to the submittal of interest to the department under the interest bearing real estate trust accounts (IBRETA) funding for housing programs.
Policy analysis
Currently, banks and lending institutions submit a statement and remit the interest from an IBRETA to the department in any format and at any time of the year.
This code project will propose that the statement and the interest be submitted to the department on a standardized form and by a specific date each year.
The alternative of not revising the existing rules will result in the continued inefficient and confusing submittal of the statements and interest.
Statutory authority
Staff time required
The department estimates that it will take approximately 60 hours to develop this rule. This time includes drafting the rule and related documents, and then processing the rule through public hearings, legislative review and adoption. The department will assign existing staff to develop the rule. There are no other resources necessary to develop the rule.
Entities affected by the rule
The rule will affect any banking or lending institution that submits a statement and interest to the department under the IBRETA funding program.
Comparison with federal requirements
There is no existing or proposed federal regulation that addresses the activities to be regulated by the rule.
Elections Board
Subject
Section ElBd 1.39. Scope of regulated activity: clarifying the discernability of required source identifications on communications made for political purposes.
Policy analysis
Objective of the rule. To amend the Elections Board's existing rules; to clarify the statutory requirement that source identifications must be readable, legible and accessible to emphasize that a person viewing a campaign communication has to be able to readily identify the source of that communication.
Existing Wisconsin policy requires that any communication that is paid for by or through a contribution or disbursement shall identify the source of that communication and shall make that source identification readable, legible and accessible. The new policy is the Board's clarification that “readable, legible and accessible" means that the communication must be readily discernable. Further, readily discernable is determined by some specific standards.
Statutory authority
Staff time required
At least 30 hours of state employees' time.
Entities affected by the rule
The rule will affect all campaign committees and any other political committee that pays for, or authorizes, a written or spoken communication. That communication will be required to be readily discernable by all those who view or hear the communication. A person viewing or hearing the communication should be readily able to identify the individual or committee who is responsible for the communication.
Comparison with federal requirements
The Board, in promulgating this rule, will adopt the federal standard for discernability found in section 110.11 of the Code of Federal Regulations: Communications, Advertising; disclaimers (
2 U.S.C. 441d).
Natural Resources
Subject
Revisions to NR 320 – Bridges and Culverts in Navigable Waterways.
Policy analysis
The Department proposes to amend the general permit standards of NR 320, to include additional standards and definitions for two new general permits. The general permit for temporary placement of a clear span bridge over navigable streams applies to public utility projects as defined in s.
196.01 (5), Stats., or for forest management activities. The second general permit for temporary in-stream crossings over navigable streams is applicable to forest management activities. These new general permits and standards will provide public utilities and the forest industry a streamlined permit process, design flexibility and establish time frames for temporary crossing.
The forestry and public utility industry have expressed interest in this issue since the passage of Act 118 to streamline the permit process. Groups impacted will include the forest industry, public utilities, municipalities and their citizens, as well as the citizens who use public waters for navigation, hunting and fishing.
Currently, Section
30.123 (7) (a), Stats. provides general permits for clear span bridges and culverts and NR 320 contains the general permit standards . Section
30.123 (7) (b), Stats. allows the department to promulgate rules that specify bridges or culverts, in addition to those listed in s.
30.123 (7) (a), Stats., that may be authorized by statewide general permits. The current proposal is to amend NR 320, Admin. Code to include specific general permit standards for temporary clear span bridge and temporary in-stream crossings on navigable streams. Prior to the passage of Act 118, the Department had a short-form permit process for clear span bridges and the standards were contained in NR 320, Admin. Code. Pre-Act 118 there was no short-form permit process for culverts or temporary in-stream crossings.
The development of these general permits and standards are necessary to provide public utilities and the forest industry with a streamlined permit process so they may carry out daily work activities expeditiously, in conjunction with protecting the natural resources and public interests of Wisconsin.
Statutory authority
Staff time required
Department staff will need approximately 160 hours for this rule revision, not including time and travel for 2 proposed public hearings.
Technical College System
Subject
Training Program Grants.
Objective of the rule. The rule will establish procedures to implement and administer the awarding of grants to technical college districts to provide skills training or other education related to the needs of business.
Policy analysis
2005 Wis. Act 25 (the 2005-2007 biennial budget bill) created a new grant program in which technical college districts qualify to receive a grant to provide skills training and other education related to the needs of business. An annual appropriation of $1,000,000 GPR was established. These funds are to be awarded by the WTCS Board as grants to technical college districts to provide skills training or other education related to the needs of business.
2005 Wis. Act 25 did not provide specific grant eligibility criteria. The Act requires the WTCS Board to promulgate rules to implement and administer the awarding of these grants.
When implementing and administering this grant program, the technical college system board will consider a number of factors. These include the following:
• Defining the allowable uses of grant funds.
• Establishing a match requirement and any limitations to the use of funds for specific purposes.
• Establishing a grant application process that allows for applications to be submitted at intervals throughout the year.
• Establishing reporting requirements that demonstrate the effect of training and education provided with grant funds on employee skill levels, workplace efficiency and productivity.
Statutory alternatives
Section
38.41 (1), Wis. Stats., authorizes the technical college system board to award grants to technical college districts to provide skills training or other education related to the needs of business.
Section
38.41 (4), Wis. Stats., mandates that the technical college system board promulgate administrative rules to implement and administer training program grants.
Staff time required
Estimated time to be spent by state employees: 120 hours. No other resources are necessary.
Comparison with federal requirements
Not applicable.
