Scope Statements
Commerce
Subject
Revises Chapter
Comm 16, relating to electrical standards.
Objective of the Rule
In keeping with the statutory requirement to use nationally recognized standards, the objective of the rulemaking project is to incorporate by reference the 2011 edition of the
National Electrical Code (NEC) into Chapter
Comm 16, Electrical Code. The proposal also may clarify and update the department's administrative rules in Comm 16 relating to the practical safeguarding of persons and property from hazards arising from the installation and use of electricity. This update may be incorporated into more than one rule packages and may include revisions to other chapters affected by the proposal.
The overall objective of the rulemaking project is to have a clearly understood code that reflects the application of current electrical practices, products, standards and materials. To ensure the health, safety and welfare of Wisconsin citizens, it is important that the code and adopted standards are viable and current.
Policy Analysis
Currently, Chapter
Comm 16 references the 2008 edition of the NEC which is published by the National Fire Protection Association (NFPA). This rule project will update the state electrical code to the 2011 edition of the NEC while evaluating the electrical requirements in Chapter
Comm 16 that add to or modify the requirements in the NEC. The Wisconsin electrical code has incorporated the NEC by reference since 1972.
The alternative of not updating these rules would result in Chapter
Comm 16 not being up-to-date with current nationally recognized standards for the design, installation and operation of electrical conductors and equipment in all buildings and structures. Not updating the rules could jeopardize the health, safety and welfare of Wisconsin citizens.
Statutory Authority
Comparison with Federal Regulations
There are several existing federal regulations that relate to the installation of electrical wiring and equipment. Some of these regulations require compliance with various editions of the National Electrical Code (NEC). An internet-based search of the Code of Federal Regulations (CFR) found the following existing federal regulations relating to the activities to be regulated by the rule.
• Title 29 CFR, Part 1910 – Occupational Safety and Health Standards. Subpart S of this regulation in the Department of Labor contains design safety standards for electrical systems, safety-related work practices and maintenance requirements and safety requirements for special electrical equipment to safeguard employees in their workplaces. Subpart R contains industrial lighting requirements and safe practices relating to lockouts and emergency lighting requirements for the safety of employees working in special industries.
• Title 29 CFR, Part 1926 —
Safety and Health Regulations for Construction. Subpart K of this regulation in the Department of Labor contains installation safety requirements, safety-related practices, safety-related maintenance and environmental considerations and safety requirements for special equipment necessary to safeguard employees involved in construction work.
• Title 30 CFR, Part 75 —
Mandatory Safety Standards–Underground Coal Mines. Subpart F of this regulation in the Department of Labor contains electrical safety requirements for the protection of employees working in underground coal mines.
•
Title 30 CFR, Part 57 —
Safety and Health Standards–Underground Metal and Nonmetal Mines. Subpart K of this regulation in the Department of Labor contains specific electrical safety requirements for the protection of employees working in underground metal and nonmetal mines.
• Title 24 CFR, Part 3280 — Manufactured Home Construction and Safety Standards. Subpart I of this regulation in the Department of Housing and Urban Development covers electrical systems in manufactured homes, and requires compliance with the 2005 NEC.
• Title 7 CFR, Part 1755 — Telecommunications Standards and Specifications for Materials, Equipment and Construction. This regulation in the Department of Agriculture applies to telecommunications wiring and equipment, and requires compliance with the NEC.
The Occupational Safety and Health Administration (OSHA) revised the general industry electrical installation standard found in Subpart S of Title 29 CFR, Part
1910, effective on August 13, 2007. The Agency determined that electrical hazards in the workplace pose a significant risk of injury or death to employees, and that the requirements in the revised standard, which draw heavily from the National Fire Protection Association's (NFPA) Electrical Safety Requirements for Employee Workplaces (NFPA 70E), and the National Electrical Code (NEC), are reasonably necessary to provide protection from these hazards. This revised standard focuses on safety in the design and installation of electric equipment in the workplace. In the October 29, 2008,
Federal Register, the Agency revised the regulatory text to clarify OSHA's scope and corrected some typographical errors.
Entities Affected by the Rule
These rules will affect any building, structure or premises where the installation of electrical wiring will be undertaken, other than those buildings, structures or premises regulated by the Public Service Commission. The rule will also affect any designer, installer or inspector of electrical wiring along with owners and frequenters of buildings, structures or premises where electrical wiring is installed. Any entity involved with the electrical industry will be affected.
Estimate of Time Needed to Develop the Rule
The staff time needed to develop the rules is expected to be about 1,000 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 develop the rules.
Commerce
Fire Department Safety and Health, Ch.
Comm 30
Public Employee Safety and Health, Ch.
Comm 32
Subject
Revises Chapters
Comm 30 and
32, relating to safety and health standards for public employees and fire department employees.
Objective of the Rule
The potential rulemaking projects are intended to review and update the rules and standards establishing minimum safety and health requirements for public employees and public fire department employees covered under chapters Comm 32 and 30. Under the statutory mandates of s.
101.055, the rules and standards are to provide protection at least equal to that provided for private sector employees under standards promulgated by the federal occupational safety and health administration.
The objectives of this rule project may be incorporated into more than one rule package, and may include revisions to other chapters affected by or associated with the proposal.
Policy Analysis
Chapter
Comm 30 establishes safety and health standards for public sector fire department employees. The rules are based upon, reference and adopt several National Fire Protection Association, NFPA, standards:
•
Standard for Fire Fighter Professional Qualifications, NFPA 1001
•
Standard for Fire Apparatus Driver/Operator Professional Qualifications, NFPA 1002
•
Standard for Fire Officer Professional Qualifications, NFPA 1021
•
Standard on Live Fire Training Evolutions in Structures, NFPA 1043
•
Standard for Automotive Fire Apparatus, NFPA 1901
•
Standard for Service Test of Pump Systems on Fire Department Apparatus, NFPA 1911
•
Standard for Testing Fire Department Aerial Devices, NFPA 1914
•
Standard on Protective Ensemble for Structural Fire Fighting, NFPA 1971
•
Standard on Open-Circuit Self-Contained Breathing Apparatus for the Fire Service, NFPA 1981
•
Standard on Personal Alert Safety Systems, NFPA 1982
•
Standard on Fire Service Life Safety Rope and System Components, NFPA 1983
The standard editions are from the late 1990's with newer editions now available.
Chapter
Comm 32 establishes safety and health standards for public sector employees. The rules reference and adopt several OSHA regulations:
•
Recording and Reporting Occupational Injuries and Illnesses, Title
29 CFR Part 1904
•
Occupational Safety and Health Standards for Shipyard Employment, Title
29 CFR Part 1915
•
Occupational Safety and Health Standards for Construction, Title
29 CFR Part 1926
•
Occupational Safety and Health Standards for Agriculture, Title
29 CFR Part 1928
The OSHA regulations reflect those in effect on July 1, 2003.
Not evaluating and updating these chapters to the latest national standards and federal regulations would potentially expose public employees to greater risks than those encountered by private sector employees and would not fulfill the statutory mandates under s.
101.055, Stats.
Statutory Authority
Comparison with Federal Regulations
The various OSHA standards that serve as the basis for the Department's safety and health standards are revised, by subject matter, on a periodic basis. The latest editions of the OSHA standards adopted under chapter Comm 32 available in print are dated July 1, 2010.
Entities Affected by the Rule
The current rules of Chapters
Comm 30 and
32 affect all public sector employers. By statutory definition, a public employer is the state, any agency or any political subdivision of the state.
Estimate of Time Needed to Develop the Rule
The department estimates approximately 600 hours will be needed to perform the review and develop any needed rule changes. This time includes meeting with various advisory councils, if necessary, 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
Environmental Protection — General, Chs.
NR 100—
DNR # WT-31-10
Subject
Revises Chapter
NR 106, Wis. Adm. Code, to ensure consistency with federal regulations and other updates to the rules related to cooling water additives, mercury reasonable potential, surface water intakes, mixing zones, and other minor clarifications and corrections that may be necessary.
Objective of the Rule
To revise Chapter
NR 106 so it is consistent with federal regulations and other updates to the rules used by the Bureau of Watershed Management.
Policy Analysis
The proposed changes and reasons for these changes to ch.
NR 106 are as follows:
(1) Remove exempt status of cooling water containing chlorine or chemical additives present at levels consistent with those in public water supplies from regulation. The EPA has objected to permits with this provision. The November 6, 2000 Federal Register, which describes deficiencies of Wisconsin's Permit Program for compliance with the Great Lakes Water Quality Initiative (GLI), identifies this as one issue.
(2) Remove special definition of "representative data" for purposes of determining reasonable potential to exceed effluent limitations for mercury. The EPA, in its review of our Mercury Rule, identified this provision as not consistent with federal regulations.
(3) Modify provisions that regulate pollutant discharges when a pollutant is also (or solely) present in the surface water intake used as the water supply for industrial and municipal dischargers. This is another item that EPA identified as a deficiency in the November 6, 2000 Federal Register.
(4) Develop language consistent with EPA regulations in the Great Lakes Initiative that phases out (with some exceptions) mixing zone allowances for discharge of bioaccumulating chemicals of concern (BCCs) in the Great Lakes Basin by November 13, 2010. While Wisconsin is already adhering to this provision in the GLI, it should be formally adopted in our regulations. When Wisconsin last made changes to NR 106, a footnote in the rule indicated that we would promulgate such changes by the deadline date.
(5) Other minor clarifications and cross-referencing corrections to codes for uniformity.
Statutory Authority
Comparison with Federal Regulations
We intend to make our rules consistent with federal regulations.
Entities Affected by the Rule
The interested and impacted groups will be municipal and industrial permittees.
Estimate of Time Needed to Develop the Rule
The department estimates that approximately 200 hours of existing staff time will be needed to develop these recommended rule changes.
Contact Information
Tom Mugan, DNR
Bureau of Watershed Management WT/3
101 S. Webster Street, P.O. Box 7921
Madison, WI 53707-7921
Phone: 608-266-7420
Revenue
Subject
Creates section
Tax 2.957, relating to income and franchise tax credits and deductions for businesses that relocate to Wisconsin.
Objective of the Rule
Policy Analysis
Existing policies are as set forth in the rules. No new policies are being proposed, other than to reflect law changes. If the rules are not changed, they will be incorrect in that they will not reflect current law or current Department policy.
Statutory Authority
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
Businesses relocating or considering relocating to Wisconsin.
Estimate of Time Needed to Develop the Rule
The department estimates it will take approximately 100 hours to develop this rule order.
Contact Information
Dale Kleven
(608) 266-8253
Revenue
Subject
Creates section
Tax 3.05, relating to the job creation income and franchise tax deduction.
Objective of the Rule
As required under ss. 71.05 (6) (b) 47.
(renumbered 47m. under s. 13.92 (1) (bm) 2., Stats.), 71.26 (1) (h), and 71.45 (1) (c), Stats., as created by
2011 Wisconsin Act 5, Tax 3.05 will provide for the administration of the job creation income and franchise tax deduction.
Policy Analysis
Existing policies are as set forth in the rules. No new policies are being proposed, other than to reflect law changes. If the rules are not changed, they will be incorrect in that they will not reflect current law or current Department policy.
Statutory Authority
Sections 71.05 (6) (b) 47.
(renumbered 47m.), 71.26 (1) (h), and 71.45 (1) (c), Stats., as created by
2011 Wisconsin Act 5.
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
Businesses creating or considering creating jobs in Wisconsin.
Estimate of Time Needed to Develop the Rule
The department estimates it will take approximately 100 hours to develop this rule order.
Contact Information
Dale Kleven
(608) 266-8253
