DATCP expects the proposed rule to have minimal economic impact statewide and locally.
Contact Person
Kevin LeRoy, Division of Trade and Consumer Protection, DATCP; Phone (608) 224-4928.
Agriculture, Trade and Consumer Protection
This statement of scope was approved by the governor on July 6, 2012.
Rule No.
Chapter
ATCP 134, Wis. Adm. Code (Existing).
Relating to
Residential rental practices.
Description of the Objective of the Rule
This proposed rule will modify current rules related to residential rental practices. Existing Ch.
ATCP 134 (Residential Rental Practices) and Ch.
704, Stats., (Landlord and Tenant) both regulate transactions and relationships between renters and landlords. However, because of recent changes made to Ch.
704, Stats., by
2011 Wisconsin Act 143, there are now areas where ATCP 134 either overlaps or conflicts with Ch.
704, Stats. This rulemaking will be limited to addressing these conflicts.
Description of Existing Policies Relevant to the Rule and of New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives; the History, Background and Justification for the Proposed Rule
History and background. ATCP 134 was first adopted as Ag 134 in 1980. There were revisions to the rule in 1998.
ATCP 134 prescribes requirements for earnest money, security deposits, and nonstandard rental agreements. It prohibits various practices and rental agreement provisions, such as entering an apartment without providing twelve hours' notice, and it requires landlords to make certain disclosures, such as any uncorrected building code violations.
Proposed policies. DATCP proposes only limited changes to the rule as necessary to resolve conflicts with recently revised Ch.
704, Stats. For example, existing s.
ATCP 134.06 specifies check-in procedures and disclosures of pre-existing damages with new tenants. It also regulates the process landlords must use to return security deposits after termination of a rental agreement and the circumstances under which the security deposit might be withheld. However,
2011 Wisconsin Act 143 incorporated very similar – but not identical – provisions into Ch.
704, Stats.
Policy Alternatives. Do nothing. If the department does not revise the rule, it could be confusing to both rental property owners and tenants because the existing rule is inconsistent with new statutory provisions.
Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section 93.07 Department duties. It shall be the duty of the department:
(1) REGULATIONS. To make and enforce such regulations, not inconsistent with law, as it may deem necessary for the exercise and discharge of all the powers and duties of the department, and to adopt such measures and make such regulations as are necessary and proper for the enforcement by the state of chs.
93 to
100, which regulations shall have the force of law.
The department [of Agriculture, Trade, and Consumer Protection], after public hearing, may issue general orders forbidding methods of competition in business or trade practices in business which are determined by the department to be unfair. The department, after public hearing, may issue general orders prescribing methods of competition in business or trade practices in business which are determined by the department to be fair.
Estimate of the Amount of Time that State Employees will Spend to Develop the Rule and of Other Resources Necessary to Develop the Rule
DATCP estimates that it will use approximately 0.20 FTE staff to develop this rule. That includes time required for investigation and analysis, rule drafting, preparing related documents, coordinating advisory committee meetings, holding public hearings and communicating with affected persons and groups. DATCP will use existing staff to develop this rule.
Description of all Entities that may be Impacted by the Rule
This existing rule affects landlords or rental property owners, and tenants or renters involved in residential rentals.
Summary and Preliminary Comparison of any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Rule
Federal law does not generally regulate landlord and tenant relationships. The Federal Fair Housing Act of 1968, however, does prohibit a landlord from discriminating because of a renter's race, sex, national origin, or religion.
Many states, including all of Wisconsin's neighbors, have statutes and/or administrative codes that regulate landlord and tenant relationships.
Anticipated Economic Impact
DATCP expects the proposed rule to have minimal to no economic impact statewide and locally.
Contact Person
Kevin LeRoy, Program and Planning Analyst, DATCP; Phone (608) 224-4928.
Agriculture, Trade and Consumer Protection
This statement of scope was approved by the governor on July 6, 2012.
Rule No.
Relating to
Home improvement practices and basement waterproofing practices.
Description of the Objective of the Rule
This proposed rule will update Ch.
ATCP 110 (Regulation of Home Improvement Practices) to reflect current practices of the building industry. Specifically, the rule will define a design build project and, as appropriate, regulate a design build project differently than other home improvement projects.
For example, Chapter
ATCP 110 now requires that home improvement businesses attain all necessary permits prior to beginning work on any home improvement project. This is not practical for a design build project, where the consumer may make final design selections weeks after the project begins. The rule would also modify the prohibition on verbal change orders in order to avoid unnecessary delays of completion of projects while still protecting consumers. Further, the rule will clarify s.
ATCP 110.06, relating to preservation of buyer's claims and defenses, to more effectively align the rule with the design build process. Finally, the rule would repeal Ch.
ATCP 111 and modify Ch.
ATCP 110 to incorporate the provisions in the existing Ch.
ATCP 111 with technical modifications.
Description of Existing Policies Relevant to the Rule and of New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives; the History, Background and Justification for the Proposed Rule
History and background. Chapter
ATCP 110 was first adopted as a general and specific order in 1940 to require all individuals and companies selling roofing and siding at retail to cease and desist from using methods and trade practices that mislead or tended to mislead prospective customers. The rule was codified Ag 110 as part of a uniform administrative code in 1953. Ag 110 was expanded to cover a broader range of building and home improvement trade practices in 1963. The rule was repealed and recreated in 1964 to address two main issues: (1) to remove conflicts with the newly enacted WI Consumer Act and existing trade practice rules; and (2) to help solve new trade practice problems revealed in consumer complaints, hearings, and written comments. Ag 110 was further amended in 1976, 1993, and 2001. The rule was renumbered ATCP 110 in 1993.
Proposed policies. The department will amend its rule, as necessary, to more effectively align regulation with the current design build business practice while maintaining protection for consumers. The changes proposed to ATCP 111 are not substantive.
Policy Alternatives. Do nothing. If the department does not modify its home improvement practices rule, design build projects will continue to be regulated in the same way as all home improvement projects.
Statutory Authority for the Rule (Including the Statutory Citation and Language)
The department, after public hearing, may issue general orders forbidding methods of competition in business or trade practices in business which are determined by the department to be unfair. The department, after public hearing, may issue general orders prescribing methods of competition in business or trade practices in business which are determined by the department to be fair.
Estimate of the Amount of Time that State Employees will Spend to Develop the Rule and of Other Resources Necessary to Develop the Rule
DATCP estimates that it will use approximately .2 FTE staff to develop this rule. That includes time required for investigation and analysis, rule drafting, preparing related documents, coordinating advisory committee meetings, holding public hearings and communicating with affected persons and groups. DATCP will use existing staff to develop this rule.
Description of all Entities that may be Impacted by the Rule
This rule impacts all businesses in the home improvement industry. However, the proposed rule change specifically impacts businesses that use the design build process.
Summary and Preliminary Comparison of any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Rule
The federal government does not regulate home improvement practices. Federal regulations instead apply to the related issues of financing and product warranties.
Anticipated Economic Impact
DATCP expects that the proposed rule will have minimal, if any, economic impact statewide and locally. Any impact will be positive on home improvement businesses that use the design build process.
Contact Person
Sandy Chalmers, Administrator, Division of Trade and Consumer Protection, DATCP; Phone (608) 224-4929.
Public Service Commission
This statement of scope was approved by the governor on July 11, 2012.
Rule No.
Wis. Admin. Code Chapter
PSC 135,
PSC Docket # 1-AC-241.
Relating to
Adoption of federal gas pipeline safety regulations.
Description of the Objective of the Rule and Expected Financial Impact
The proposed rule revision adopts, for state purposes, changes to the federal pipeline safety code that have been enacted since the last revisions to the state pipeline safety code were adopted. The state has adopted federal pipeline safety provisions in Wis. Admin. Code Ch.
PSC 135. Adoption of these amendments will keep the Commission in compliance with its obligation to adopt all federal changes in the pipeline safety area.
Description of Existing Policies Relevant to the Rule, and of New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives; the History, Background and Justification for the Proposed Rule
Under an agreement with the U.S. Department of Transportation, Office of Pipeline Safety, the Commission is authorized to enforce federal natural gas pipeline safety requirements as set out in the Code of Federal Regulations,
49 C.F.R. Parts 192,
193, and
199. As part of the agreement, the Commission adopts the federal pipeline safety code in Wis. Admin. Code s.
PSC 135.019. The Commission's latest version of that rule adopts the federal code up to July 1, 2007. New gas pipeline safety code requirements are generally enacted in October of each year. As a result, the Commission needs to amend its rule to include those federal rule changes made since October 2007.
This rule will result in no economic impact since pipeline operators are required, under federal law, to follow the federal regulations. Any economic impact of those federal regulations has already occurred. This rulemaking just updates the state's enforcement authority.
Statutory Authority for the Rule (Including the Statutory Citation and Language)
Sections
196.02 (1) and
(3), and Section
227.11, Stats., authorize agencies to promulgate administrative rules. Section
196.02 (1), Stats., authorizes the commission to do all things necessary and convenient to its jurisdiction. Section
196.02 (3), Stats., grants the commission specific authority to promulgate rules.
Under an agreement with the U.S. Department of Transportation, Office of Pipeline Safety, the Commission agrees to adopt those parts of the federal code that apply to pipeline safety.
Estimate of the Amount of Time that State Employees will Spend to Develop the Rule and of Other Resources Necessary to Develop the Rule
The Commission estimates that fewer than 100 hours of employee time will be required to develop the rules.
Description of all Entities that may be Impacted by the Rule
Every intrastate gas pipeline operator that operates gas transmission or distribution facilities in this state will be impacted by the rule.
Summary and Preliminary Comparison of any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Rule
Under an agreement with the U.S. Department of Transportation, Office of Pipeline Safety, the Commission is authorized to enforce federal natural gas pipeline safety requirements as set out in the Code of Federal Regulations,
49 C.F.R. Parts 192,
193, and
199. As part of the agreement, the Commission agrees to adopt those parts of the federal code that apply to pipeline safety.
Contact Person(s)
Tom Stemrich, Pipeline Safety Manager
(608) 266-2800
Joyce Dingman, Assistant General Counsel
(608) 267-6919
