Statutory Authority
Entities Affected by the Rule
The rule will affect any entity, private or public, that owns and operates existing aerial tramways, aerial lifts, surface lifts and tows. The rule will also affect any entity which proposes to design and install a new aerial tramway, aerial lift, surface lift or tow.
Comparison with Federal Regulations
An Internet-based search for "passenger ropeways", "aerial lifts", and "ski lifts" in the Code of Federal Regulations and the Federal Register did not identify any existing or proposed federal regulations that address these topics.
Estimate of Time Needed to Develop the Rule
The department estimates approximately 300 hours will be needed to perform the review and develop any needed rule changes. This time includes forming and meeting with an advisory council, drafting the rule changes and processing the changes through public hearings, legislative review, and adoption. The department will assign existing staff to perform the review and develop the rule changes, and no other resources will be needed.
Natural Resources
Subject
The rules affect chs.
NR 405,
407, and
408, relating to federal changes to air permit programs affecting ethanol production facilities and other changes for clarity.
Objective of the Rule
The Bureau of Air Management proposes
to proceed with the development of rules to amend the definition of "major stationary source" in s.
NR 405.02(22)(a)., such that ethanol production facilities that produce ethanol by natural fermentation, (those included in NAICS codes 325193 or 312140), are not included in the Chemical Processing Plant category. The other changes are to ss.
NR 405.07(4)(a)20.,
407.02(4)(b) and
408.02(21)(e), which will state that fugitive emissions from these ethanol production facilities will no longer be included in determining whether a facility is considered a major source. This rule package is initiated because of similar federal rule changes published May 1, 2007.
In addition, a federal rule clarifying two elements of the major source permitting program was promulgated on January 6, 2004. The first is the addition of a definition of Replacement Unit and the second clarifies a component of the emission calculation used when determining emissions under a plantwide applicability limitation (PAL). US EPA has required permitting agencies to add these elements during the next reopening of the permit program regulations.
Policy Analysis
Currently fuel ethanol production facilities are considered as a chemical processing plant which is one of the major stationary source categories under federal regulations. As such if the potential to emit any of the criteria pollutants exceeds 100 tons per year, the facility is considered to be a major source under the Prevention of Significant Deterioration (PSD) Program. Moreover, the fugitive emissions from such a facility are included when the major source determinations are made for these plants. After this proposed rule change, the major source applicability threshold will be 250 tons per year and the fugitive emissions will not be included when the major source determinations are made for these plants under the PSD program. The change will not have an impact on the Title V operation permit program's or the nonattainment area new source review program's major source emission level; however, it will no longer require fugitive emissions to be included as a part of the calculation of emissions.
The inclusion of a definition of replacement unit and the PAL emission calculation clarification within ch.
NR 405 and
408 will not impact existing policies since the term is currently not defined in those chapters. The addition of a replacement unit definition will clarify the use of the term as it applies to emission unit replacement in determining how emissions are calculated in determining applicability of the chapters to plant modifications. The proposed PAL related change will clarify the calculation of allowable emission rates under a PAL.
Statutory Authority
Entities Affected by the Rule
For the ethanol rule, the groups likely to be impacted or interested in the issue include, but are not limited to, ethanol production facilities and local citizens. For the federal rule clarification, the groups likely to be impacted or interested in the issue include, but are not limited to, major sources of emissions in a variety of industries.
Comparison with Federal Regulations
Currently fuel ethanol production facilities are considered as a chemical processing plant which is one of the major stationary source categories under federal regulations. As such if the potential to emit any of the criteria pollutants exceeds 100 tons per year, the facility is considered to be a major source under the Prevention of Significant Deterioration (PSD) Program. Moreover, the fugitive emissions from such a facility are included when the major source determinations are made for these plants. After this proposed rule change, the major source applicability threshold will be 250 tons per year and the fugitive emissions will not be included when the major source determinations are made for these plants under the PSD program. The change will not have an impact on the Title V operation permit program's or the nonattainment area new source review program's major source emission level; however, it will no longer require fugitive emissions to be included as a part of the calculation of emissions.
All of the changes proposed under this rule package would make Wisconsin's regulations identical to the federal regulations in the areas described.
Estimate of Time Needed to Develop the Rule
Approximately 150 staff hours of time will be needed to develop the rule.
Agency Contact Persons
Paul Yeung, P.O. Box 7921, Madison, WI 53707, Telephone number: (608) 266-0672; e-mail address:
paul.yeung@wisconsin.gov
Regulation and Licensing
Subject
Revisions to s.
RL 15.04 relating to retention of records to provide additional clarification relating to the ability to retain records in an electronic format, updating and clarifying ch.
RL 24, Conduct and Ethical Practices for Real Estate Licensees, and creating discipline for licensees who do not respond to information requests from the Real Estate Board or Department of Regulation and Licensing.
Objective of the Rule
To provide additional clarification to the rules relating to the ability to retain records in an electronic format, update and clarify Ch.
RL 24 to reflect recent statutory changes and provide additional clarification regarding licensee duties, and allow the board to impose discipline for failure of a licensee to respond to the Real Estate Board or department so as to encourage the submission of requested information during an investigation.
Policy Analysis
Existing rules relating to the retention of certain records that are used in the practice of real estate can be found in s.
RL 15.04. Section
RL 15.04 requires a real estate broker to retain for at least 3 years exact copies of documents and correspondence utilized in connection with any transaction. These documents and correspondence must be made available to the Department of Regulation and Licensing for inspection and copying. Chapter
RL 24 provides conduct and ethical practice requirements for real estate licensees, which would be updated and clarified. Discipline would be created for failure to respond to the Real Estate Board or the department, which currently does not exist, so as to encourage the submission of requested information during investigations.
Statutory Authority
Entities Affected by the Rule
Real estate licensees.
Comparison with Federal Regulations
There is no existing or proposed federal regulation that is intended to address the activities to be regulated by the rule.
Estimate of Time Needed to Develop the Rule
250 hours.
Tax Appeals Commission
Subject
The Tax Appeals Commission proposes to undertake a comprehensive review and revision of its rules concerning procedures.
Policy Analysis
The Commission proposes to significantly revise its rules of procedure to provide definitions of terms used in the rules, to correct and update outdated statutory references, to conform to the Commission's established practices, to remove internal inconsistencies, to remove requirements that are unnecessarily burdensome, to improve the ease of understanding, to adapt to changes in communications technology and to provide methods of dealing with violations of the rules.
Statutory Authority
Entities Affected by the Rule
The entities that will be affected by the proposed rules are the Department of Revenue, the Department of Transportation and Wisconsin taxpayers who file petitions with the Tax Appeals Commission.
Comparison with Federal Regulations
The Commission operates in a similar manner to the U. S. Tax Court and some of the proposed changes in procedures will make the Commission rules more consistent with the procedures of the U. S. Tax Court.
Estimate of Time Needed to Develop the Rule
The Commission estimates that it will take approximately 200 hours of the commissioners' time to draft the proposed rules.
Transportation
Subject
The rules affect chs.
Trans 137,
138, and
139, relating to motor vehicle dealer franchise operations, record keeping, and trade practices.
Objective of the Rule
Several amendments are necessary to accommodate evolving industry environment and to clarify explicitly DOT's interpretation of statutory definitions.
Policy Analysis
This rule will explicitly define in chs.
Trans 137,
138 and
139, a "title" as a title in Chapter
342, Stats. While common understanding of the term has long prevailed, this will make the meaning clear.
Under Ch.
218, Stats., this rule will do the following:
• Create a definition in Trans 139 of "bird dogging," i.e., referral selling, and explicitly prohibit this practice. While this practice is prohibited in statute, which governs dealer behavior, DOT believes it would be appropriate to repeat the statutory prohibition in rule, and elaborate on statutory definition.
• In Trans 138, clearly allow multi-location dealership records to be kept at a single location, with proper availability for inspection. This is implicit in rule reference to a dealership, and is currently allowed by DMV policy, but it would be appropriate to state explicitly, and to clarify what constitutes a single dealership with multiple locations as opposed to separate dealerships.
• Amend the Trans 137 definition of "used motor vehicle" to include rental or leased vehicles with 4,000 or fewer miles that have been damaged. The current definition effectively treats these vehicles as "new" for the purpose of needing a franchise to sell the vehicles. This has presented difficulties for rental and leasing companies that need to dispose of damaged vehicles.
• Amend Trans 139 to allow, instead of currently prohibit, the use of motor vehicle pricing guides (such as Kelly Blue Book or Edmonds guide) as price comparison in advertising used vehicle prices. This has been considered an unfair trade practice because price guides may not sufficiently account for vehicle condition. However, these pricing guides are readily accessible on the internet and in print, and consumers often make use of them. DMV proposes to couple allowing use of price guides with requirements for dealer disclosure of vehicle condition sufficient to protect a customer from making false inference about the vehicle's actual sales price and thus being taken in by false advertising.
• Amend the Trans 138 requirement that dealers have in their possession the title for any vehicles they offer for sale, to exclude title of a manufacturer buy-back under the lemon law, instead allowing a dealer to have in its possession a copy of the title. Section
218.0171(2)(d), Stats., requires that no manufacturer buy-back may be sold or leased to a new customer unless the manufacturer buy-back condition is fully disclosed to that customer. To protect themselves from liability, manufacturers have developed a disclosure form that they require dealers to submit to them, before they will release the title to the dealer. In the meantime, the dealer keeps a copy of the title in its possession. DMV allows this by policy, and DMV wishes to clarify this in rule.
Statutory Authority
Entities Affected by the Rule
Wisconsin motor vehicle dealers, motor vehicle rental and leasing companies, and motor vehicle purchasers.
Comparison with Federal Regulations
No federal regulations govern the activities to be regulated by the proposed rule.
Estimate of Time Needed to Develop the Rule
DOT estimates that 80 hours staff time will be required.
