Financial Resources for Businesses and Communities, Chs.
Comm 100—
Subject
Creates Chapter
Comm 140, relating to loans to manufacturing businesses.
Objective of the Rules
The rules to be proposed would implement the provisions of
2009 Wisconsin Act 332 that relate to loans to manufacturing businesses for energy improvements, clean energy operations, and corresponding employment or retooling.
Policy Analysis
The Department has rules for several other programs associated with economic and business development, but those rules and programs are not targeted specifically to loans to manufacturing businesses for energy improvements, clean energy operations, and corresponding employment or retooling.
The rules are expected to address (1) eligibility criteria for loans to manufacturing businesses for energy improvements, clean energy operations, and corresponding employment or retooling; (2) the documentation that must be submitted by applicants; (3) the Department's response to the submitted documentation; and (4) the reporting and other requirements subsequent to receiving a loan.
Policy Alternative
The alternative of not promulgating these rules would conflict with the directive in section
560.128 (2) of the Statutes, as created in
2009 Wisconsin Act 332, that requires this promulgation.
Statutory Authority
Comparison with Federal Regulations
A search for “renewable energy revolving loan program" and “energy efficiency revolving loan program" in the federal
Code of Regulations indicates no
direct loan program or revolving loan program regulations for clean energy manufacturing at the federal level. However, the US Department of Energy under
10 CFR 609 may issue loan guarantees for eligible projects, including to manufacturers, that “avoid, reduce, or sequester air pollutants or anthropogenic emissions of greenhouse gases" and “employ new or significantly improved technologies as compared to technologies in service in the United States at the time the guarantee is issued." Also, the US Department of Agriculture administers the Rural Energy for America Program (
7 CFR 5001.104), which provides guaranteed loans to agricultural producers or rural small business “for the purchase, installation, expansion and/or other energy-related improvement of a renewable energy system or to make energy efficiency improvements."
A search for “renewable energy revolving loan program" and “energy efficiency revolving loan program" in the Federal Register for 2009 and 2010 did not identify any proposed federal regulation that addresses clean energy manufacturing revolving loan programs.
Entities Affected by the Rule
The rules may affect manufacturing businesses that choose to apply for loans for energy improvements, clean energy operations, and corresponding employment or retooling.
Estimate of Time Needed to Develop the Rule
The staff time needed to develop the rules is expected to range from 80 to 120 hours, depending upon the associated complexity. This includes research, rule drafting, and processing the rules through public hearings, legislative review, and adoption. There are no other resources necessary to promulgate the rules.
Corrections
Subject
Repeals and recreates Chapter
DOC 309, relating to resources for inmates.
Objectives of the Rules
•
Eliminate outdated provisions;
•
Clarify language;
•
Update citations to statutes for accuracy;
•
Amend the rule to reflect changes in the law and correctional practices and operations, relating resources provided to inmates while incarcerated; and
•
Renumber and reorganize the rule chapter.
Policy Analysis
The department is responsible for the care and custody of persons convicted and sentenced to state prison. As part of that responsibility, the department provides inmates with access to a number of resources, including mail, news media, publications, visitation, special events, access to the courts, personal property, food, personal hygiene, leisure time activities, telephone calls, clothing, canteen, inmate account funds, inmate compensation, and religious practice.
The last significant rule amendment was in 2000. Since that time, there have been changes to the law and correctional practice which need to be addressed. There have also been court decisions which address a variety of conditions of confinement issues, including inmate publications, religious practices, food, and access to the courts. The rules need to be reviewed to take into consideration the court rulings.
There is a need to review the current rule to reflect the changes in the law and correctional practices. The alternatives to the proposed review would result in the department continuing to have outdated policies which do not adequately reflect the current state of the law and a rule which needs clarification and reorganization.
Statutory Authority
Comparison with Federal Regulations
There are no federal regulations which address the issues or activities covered by the proposed rule.
Entities Affected by the Rule
This rule will affect inmates, families of inmates, visitors, attorneys who represent inmates, volunteers, publishers of periodicals, representatives of the media, the public, victims, and DOC staff.
Estimate of Time Needed to Develop the Rule
The Department estimates that it will take approximately 200 hours to develop this rule, including drafting the rule and complying with rulemaking requirements.
Contact Information
Kathryn R. Anderson, Chief Legal Counsel
Wisconsin Department of Corrections
3099 East Washington Avenue
P.O. Box 7925
Madison, WI 53707-7925
Phone: (608) 240-5049
Corrections
Subject
Repeals and recreates Chapter
DOC 350, relating to county jails.
Objectives of the Rules
•
Eliminate outdated provisions;
•
Clarify language;
•
Update citations to statutes for accuracy;
•
Clarify and update standards for the physical plant of a jail;
•
Clarify and update standards for jail operations; and
•
Renumber and reorganize the rule chapter.
Policy Analysis
The department is responsible for establishing standards for the construction and operation of county jails and houses of corrections. The department is also responsible for inspecting the facilities on an annual basis and as necessary. The current rule which was last reviewed and amended in 1992 establishes minimum standards in jail operations. The issues addressed in the rule include: the review and approval of construction plans, physical plant requirements, occupancy limitations and requirements for single and double celling, health care, including health screening upon admission, medication administration, suicide prevention, and crisis intervention, fire safety, security, administrative confinement, discipline, programming, mail, visitation, canteen, religious programming, recreation, reading materials, records and reporting, and variances.
Since the last time the rule was amended, there have been changes in the statutes, case law, and correctional practices, relating to jail operations. For example, s.
302.36 dealing with inmate classification was amended; s.
302.388 dealing with inmate health care records was created; and issues concerning health care of inmates have become increasingly more important. There is a need to review the current rule to reflect the changes in the law and correctional practices. The alternatives to the proposed review would result in the department continuing to have outdated policies which do not adequately reflect the current state of the law and a rule which needs clarification and reorganization.
Statutory Authority
Comparison with Federal Regulations
There are no federal regulations that impact county jails, except with respect to the housing of juveniles. Specifically, the federal Juvenile Justice and Delinquency Act (JJDPA),
42 USC 5601, et seq., and the implementing regulations (28 CRF Part 31) limit the housing of juveniles in adult jails.
Entities Affected by the Rule
The rule affects persons who are arrested or charged with or convicted of criminal offenses; county entities, including sheriffs, county boards, and jails; and DOC staff.
Estimate of Time Needed to Develop the Rule
The Department estimates that it will take approximately 200 hours to develop this rule, including drafting the rule and complying with rulemaking requirements.
Contact Information
Kathryn R. Anderson, Chief Legal Counsel
Wisconsin Department of Corrections
3099 East Washington Avenue
P.O. Box 7925
Madison, WI 53707-7925
Phone: (608) 240-5049
Public Instruction
Subject
Revises Chapter
PI 9, relating to pupil nondiscrimination based on sex.
Policy Analysis
The department is proposing to modify Chapter
PI 9, Wis. Adm. Code, to clarify that discrimination on the basis of sex includes general identity and expression.
There are no existing relevant polices nor new policies to be included in the rule.
Policy Alternative
Maintain the current rule.
Statutory Authority
Comparison with Federal Regulations
N/A.
