It is proposed to require mandatory disinfection of all municipal water systems served by groundwater based on the intent of the Groundwater Rule to reduce illness rates attributable to viruses at groundwater systems and conclusions drawn from a review of studies conducted on viral illness and virus occurrence in Wisconsin.
Analysis and supporting documents used to determine the effect on small business
An analysis of the effect of the proposed rules on small business was not performed since the primarily impacted systems are community water systems serving municipal water systems, which are not small businesses.
Small Business Impact
These rules should not have a significant impact on small business since the water systems operated by small businesses such as taverns and restaurants are already subject to the inspection and deficiency correction requirements included in the rule modifications.
Pursuant to s.
227.114, Stats., it is not anticipated that the proposed rules will have a significant economic impact on small businesses.
Environmental Impact
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.
Fiscal Estimate
State government fiscal effect
Increase in costs — may be possible to absorb within agency's budget.
Local government fiscal effect
Mandatory increase in costs.
Types of local governmental units affected
Villages, Cities, Sanitary Districts.
Fund sources affected
FED.
Affected Ch.
20 appropriations
DNR fiscal impact
A. Groundwater Rule
1. One-Time Costs
This rule will require the Department to issue and track additional monitoring requirements. This will require modification to the Department's Drinking Water Data System. The Department estimates that this modification will take approximately 100 hours of contract programming time at an estimated hourly rate of $84. Therefore, 100 hours database architect contract programming time x $84/hour = $8,400
2. Annual Costs
a. The rule requires the Department to conduct sanitary surveys at all community water systems at least once every three years. The Department currently conducts sanitary surveys once every five years. The Department plans to offset the fiscal impact of increasing the frequency of sanitary surveys, by eliminating annual inspections at municipal water systems; therefore, the net fiscal impact of this requirement is estimated to be zero.
b. The rule requires the Department to complete a more complex review of monitoring plans for approximately 100 municipal systems that have multiple pressure zones within their service area. The Department estimates that each review will require 1 hour of staff time for a water supply engineer. Therefore, 100 reviews x 1 hr./review x $39.20/hr. salary and fringe for a water supply engineer = $3,920.
c. The rule requires the review of certain treatment systems for virus inactivation. The Department estimates that approximately 50 systems have treatment systems that will require Departmental review and that each review will take approximately 8 hours of staff time for a water supply engineer. Therefore, 50 reviews x 8 hrs./review x $39.20/hr. salary and fringe for a water supply engineer = $15,680.
d. The rule requires the Department to revise the sanitary survey process for transient non community (TNC) systems to include eight federally-required elements. For every TNC sanitary survey, the Department estimates that the rule change will require approximately 1 additional hour of staff time for a water supply specialist There are approximately 9,500 TNC systems in Wisconsin that require a sanitary survey at least once every five years, meaning that approximately 1,900 TNC systems will require sanitary surveys annually. Therefore 1,900 reviews x 1 hr./review x $32.06/hr. salary and fringe for a water supply specialist = $60,914.
B. Stage 2 Disinfectants and Disinfection Byproduct Rule
1. One-time Costs
a. The rule requires the Department to issue and track additional monitoring requirements. This will require modification of the Department's Drinking Water Data System. The Department estimates that this modification will take approximately 50 hours of contract programming time at an estimated hourly rate of $84. Therefore, 50 hours of database architect contract programming time x $84/hour = $4,200.
C. Long Term 2 Enhanced Surface Water Treatment Rule
1. One-time Costs
a. The rule will require the Department to issue and track additional monitoring requirements. This will require modification of the Department's Drinking Water Data System. The Department estimates that this modification will take approximately 50 hours of contract programming time at an estimated hourly rate of $84. Therefore, 50 hours of database architect contract programming time x $84/hour = $4,200.
In total, the rule will result in additional one-time costs of $16,800 and additional annualized costs of $80,500 and approximately 1.34 FTE of staff time required to implement the rule.
Local government fiscal impact
A. Stage 2 Disinfectants and Disinfection Byproduct Rule
1. Annual Costs
a. The rule will require additional monitoring of disinfection byproducts. The Department estimates that 615 systems affected by this rule will be required to collect additional samples at an average cost of $580/system for a total estimated cost of $356,700.
B. Long Term 2 Enhanced Surface Water Treatment Rule
1. One-time Costs
a. The rule will require all municipal systems with surface water sources to complete additional source water monitoring for cryptosporidium and e-coli. There are currently 20 surface water systems in Wisconsin. The rule will require these systems to conduct 24 samples over a 5-year period starting in 2015. The estimated cost of the required analysis is $500/sample. Therefore, 20 surface water systems x 24 samples x $500/sample = $240,000.
C. Mandatory Disinfection Rule
1. One-time Costs
a. The rule will require all municipal water systems to disinfect drinking water. There are currently approximately 71 systems in Wisconsin serving water that is not disinfected, although all systems are required to have the necessary equipment to disinfect. The Department estimates that approximately 50 wells will need new disinfection equipment in order to implement permanent disinfection. The Department estimates that installing new disinfection equipment will cost approximately $10,000/well. Therefore, 50 municipal wells x $10,000/well = $500,000.
b. The rule will require all municipal water systems to disinfect drinking water. There are approximately 71 systems in Wisconsin serving water that is not disinfected. When these systems begin disinfection they will be required to conduct preliminary monitoring for disinfection by products. This preliminary monitoring will require two samples per quarter at a cost of $350/sample. Therefore, 71 systems x 2 samples/quarter x 4 quarters x $350 = $198,800.
2. Annual Costs
a. The rule will require all municipal water systems to disinfect drinking water. There are currently approximately 71 systems in Wisconsin serving water that is not disinfected. The Department estimates that chemicals for disinfection at these systems will cost an average of $145/month. Therefore, 71 systems x $145/month x 12 months = $123,540.
b. The Department estimates that the 71 systems affected by this rule will also incur additional costs to conduct disinfection by-product monitoring. These systems will be required to collect 2 samples once every 3 years at a cost of $350/sample. Therefore, 71 systems x 2 samples x $350/sample ÷ 3 (once every 3 years) = $16,600.
In total, the rule will result in additional one-time costs of $938,800 and additional annualized costs of $496,800 for local units of government.
Agency Contact Person
Lee Boushon
Chief Public Water Supply Section
Phone: (608) 266-0857
Notice of Hearing
Public Instruction
NOTICE IS HEREBY GIVEN That pursuant to ss.
121.91 (4) (o) 1. and
227.11 (2) (a), Stats., the Department of Public Instruction will hold a public hearing to consider emergency and proposed permanent rules to create Chapter
PI 15, relating to revenue limit exemptions for energy efficiencies.
Hearing Information
The hearing will be held as follows:
Date and Time Location
November 9, 2009 Madison
3:00 - 4:00 p.m. GEF 3 Building
125 South Webster St.
Room 041
The hearing site is fully accessible to people with disabilities. If you require reasonable accommodation to access any meeting, please call David Carlson, Director, School Financial Services, (608) 266-6968 or leave a message with the Teletypewriter (TTY) at (608) 267-2427 at least 10 days prior to the hearing date. Reasonable accommodation includes materials prepared in an alternative format, as provided under the Americans with Disabilities Act.
Copies of Proposed Rule and Contact Person
Lori Slauson
Administrative Rules and Federal Grants Coordinator
Department of Public Instruction
125 South Webster Street — P.O. Box 7841
Madison, WI 53707
Written comments on the proposed rules received by Ms. Slauson at the above mail or email address no later than November 13, 2009, will be given the same consideration as testimony presented at the hearing.
Analysis Prepared by the Department of Public Instruction
Statute interpreted
Statutory authority
Explanation of agency authority
Section
121.91 (4) (o) 1., Stats., requires the department to promulgate rules to implement s.
121.91 (4) (o) 1., Stats., including eligibility standards for school districts that wish to increase their revenue limit by the amount spent in that school year on energy efficiency measures, and renewable energy products, that result in the avoidance of, or reduction in, energy costs.
Section
227.11 (2) (a), Stats., gives an agency rule-making authority to interpret the provisions of any statute enforced or administered by it, if the agency considers it necessary to effectuate the purpose of the statute.
Related statute or rule
N/A
Plain language analysis
2009 Wisconsin Act 28, the 2009-11 biennial budget bill, created a revenue limit exemption that allows a school district to increase its revenue limit by the amount spent by the school district in that school year on energy efficiency measures, and renewable energy products, that result in the avoidance of, or reduction in, energy costs.
The proposed rule establishes eligibility standards and procedures for school districts to follow when implementing revenue limit exemptions for energy efficiency measures. Specifically, school boards of the school districts are required to:
•
Identify the specific new expenditures.
•
Identify the performance indicators to measure the cost savings as a result of the expenditures.
•
Identify the period of time in which the expenditure will be recovered by the cost savings.
