Revises Chapters PSC 184 and 185, relating to water conservation and construction rules.
Objective of the Rule
The proposed rules will modify chs. PSC 184 and 185 to simplify and clarify the water utility construction approval process and to codify past Commission decisions and current practices related to water conservation and efficiency for water public utilities. The proposed rules will also ensure consistency with water conservation rules being proposed by the Department of Natural Resources (DNR).
Policy Analysis
Chapter PSC 184 establishes criteria and procedures for approving water utility plant construction projects proposed by water and sewer public utilities. These rules have not been updated since 1992. The Commission proposes to simplify these rules to reflect current practices and to clarify the types of information necessary to adequately review these projects. In addition, the proposed rules may require applicants to demonstrate that new facilities are not unreasonably in excess of the probable future requirements, such as considering water conservation as an alternative to construction.
Chapter PSC 185 establishes service standards and rules for all water public utilities. These rules include several requirements to ensure the efficient use of water resources, including metering of water sales, tracking unaccounted-for water, and discouraging wasteful water practices, among other requirements. Since 2007, the Commission has authorized water conservation and efficiency measures in individual water rate cases as a way to address increasing utility costs and to ensure sustainable use of the state's water resources. However, ch. PSC 185 has not been updated to reflect current Commission priorities and practices in these matters.
The proposed rule changes may include updating definitions and requirements related to water loss control, customer billing, water rate design, and other demand management activities. The proposed rules will modernize and update annual auditing and reporting requirements related to water losses and unaccounted-for water. The proposed rules may also establish criteria for utilities that wish to implement voluntary water conservation and efficiency programs, similar to those used for voluntary energy efficiency programs proposed by electric utilities. Finally, the proposed rules may also address other demand-management tools, such as toilet rebate programs and the establishment of conservation-oriented water rates for certain classes of customers.
The proposed changes to ch. PSC 185 will ensure coordination of water conservation programs among state agencies. Section 281.346(8)(b), Stats., directs the DNR to develop and implement a statewide water conservation and efficiency program in cooperation with the Public Service Commission and the Department of Commerce. The DNR is currently developing new administrative rules under ch. NR 852. These rules would apply to all categories of water users in the state, including utilities regulated by the Public Service Commission. The proposed changes to ch. PSC 185 would clarify responsibilities among the agencies and ensure that the proposed requirements for water public utilities are consistent with the requirements being proposed by the DNR for other water users.
Statutory Authority
Comparison with Federal Regulations
None.
Entities Affected by the Rule
All water public utilities regulated by the Commission.
Estimate of Time Needed to Develop the Rule
The Commission estimates that approximately 250 hours of Commission staff time will be required in this rulemaking.
Public Service Commission
Subject
Revises Chapter PSC 185, relating to water utility service rules.
Policy Analysis
The Commission has promulgated utility service rules for each industry it regulates. Ch. PSC 185, which establishes service rules related to water public utilities, has not been comprehensively updated since 1997. The Commission proposes to review and update the water service rules to ensure consistency between all utility industries, where appropriate, and to reflect changes in the water industry in the last decade.
Statutory Authority
Sections 196.02 (3), 196.03 (1), and 227.11 (2), Stats.
Comparison with Federal Regulations
None.
Entities Affected by the Rule
All water and sewer public utilities regulated by the Commission.
Estimate of Time Needed to Develop the Rule
The Commission estimates that approximately 300 hours of Commission staff time will be required in this rulemaking.
Radiography Examining Board
Subject
Creates initial administrative rules of the Radiography Examining Board (Chapters RAD 1 to 5), relating to education standards, requirements, and examinations for radiography.
Objective of the Rule
To implement the statutory provisions created by 2009 Wisconsin Act 106, and implemented under Chapter 462 of the Wisconsin Statutes.
Policy Analysis
2009 Wisconsin Act 106 created chapter 462 of the Wisconsin Statutes. The promulgation of administrative rules pursuant to s. 462.06, Stats., is necessary to implement standards for education in radiography, examinations required, continuing education requirements for renewal, code of ethics and any additional provisions authorized under chapter 462 of the Wisconsin Statutes deemed necessary by the Radiography Examining Board.
Statutory Authority
Sections 227.11 (2) and 462.06, Stats., as created by 2009 Wisconsin Act 106.
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.
Entities Affected by the Rule
Health care providers (clinics, hospitals and other providers) that offer radiography, podiatrists per § 448.695 (3), Stats., those using the title of radiographer, representing themselves as radiographers or engaging in radiography unless they meet the exemptions under s. 462.02, Stats.
Estimate of Time Needed to Develop the Rule
Total hours: 120.
Regulation and Licensing
Subject
Revises Chapters RL 185 to 191, relating to boxing contests.
Objective of the Rule
The Department of Regulation and Licensing seeks to amend the current rules regulating the manner in which boxing contests are conducted in Wisconsin pursuant to the enactment of 2009 Wisconsin Act 111. This new legislation has a significant impact on the current rules.
Policy Analysis
2009 Wisconsin Act 111, which was enacted on February 4, 2010, amended ch. 444, Stats., updating the boxing statute and adding the sport of mixed martial arts as a new area of regulation. The newly enacted statute directs the department to promulgate rules to govern boxing and mixed martial arts in the following areas: permits, bonds for conducting events, insurance for contestants, requirements for health examinations of contestants, as well as mandatory drug testing policies. The department recognizes the need to update the safety standards currently in the rules concerning boxing and to provide consistency for conducting boxing and mixed martial arts events.
Statutory Authority
Comparison with Federal Regulations
The federal law regulating boxing is Title 15 US Code Chapter 89 Professional Boxing safety § 6301- §6313. It's relationship to state law is stated in §6313, “nothing in this Act [15 USCS §§ 6301 et seq.] shall prohibit a State from adopting or enforcing supplemental or more stringent laws or regulations not inconsistent with this Act [15 USCS §§ 6301 et seq.], or criminal, civil, or administrative fines for violations of such laws or regulations." The proposed amendments to the current boxing rules are consistent with this regulation.
Entities Affected by the Rule
Licensed professionals, applicants, employers of licensed professionals, and entities engaged in promoting and conducting boxing contests, i.e., promoters, clubs, contestants, and officials.
Estimate of Time Needed to Develop the Rule
It is estimated that 1000 hours in state employee time will be required.
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