Scope statements
Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors Examining Board
Subject
Changes relating to land surveyor education and experience requirements. These changes will clean up and clarify the existing rules and modify the course requirements for land surveyors.
Policy analysis
Objective of the rule. To update outdated language in the current rules and recognize changes in the land surveyor profession, including new coursework that has been added due to new technology. The updated language will clarify existing rules and reflect changes that have been in the profession.
Existing Policies Relevant to the Rule, New Policies Proposed and Analysis of Policy Alternatives.
Existing rules relating to land surveyor experience and education are in ss. A-E 6.03 and 6.04. Currently, a land surveyor applicant may meet the educational requirements by receiving a bachelor's degree in civil engineering. The curriculum would include no less than 24 semester credits in courses concentrating on the legal principles and technical aspects of land surveying. The proposed rule change would require no less than 16 of the 24 credits to be taken on the legal principles and technical aspects of land surveying. The applicant would also be allowed to receive up to 8 credits in certain other courses relating to surveying. These courses may include “Engineering Surveying," “Municipal Surveying," “Route Surveying," “Highway Surveying," “Topographic Surveying," “Geodetic Surveying," “Photogrammerty," “Cartography," “Construction Surveying," “Air Photo Interpretation," “Artillery Surveying," “Remote Sensing," “Geographic Information Systems" and “Land Information Systems."
Experience requirements would include a modification to allow experience to be acquired in preparing Transportation Project Plats and Condominium Plats.
Comparison with federal requirements
This is not an area which is regulated by federal law or is subject to any proposed federal legislation. The standards for state licensure are regulated by each state.
Statutory authority
Sections 15.08 (5) (b) and 227.11 (2), Stats.
Entities affected by the rule
Applicants for land surveyor registration.
Staff time required
400 hours.
Insurance
Subject
Objective of the rule. To establish the annual fees which participating health care providers must pay to the Injured Patients and Families Compensation Fund as required by s. 655.27 (3) Wis. Stat., for the fiscal year beginning, July 1, 2006. The proposed rule will also include a new classification for part-time providers as authorized by the Fund Board of Governors at its February 23, 2005 meeting. In addition, the proposed rule will update the listing of provider specialities (ISO Codes) by assessment class and will establish the mediation panel fees for fiscal year 2007 commencing July 1, 2006.
Policy analysis
Existing policies are set forth in the statutes cited in the next section and in the rules themselves; a new part-time classification for providers who practice 1200 hours or less a fiscal year was approved by the Fund's Board of Governors to address the changes in the practice of medicine in the state.
Statutory authority
The statutory authority for this rule is s. 601.41 (3), 655.27 (3) (bg) and 655.61, Wis. Stat.
Staff time required
100 hours estimated state employee time to promulgate this rule; other resources will include the review and recommendation of the board's actuarial committee based on the analysis and recommendations of the fund's actuaries and the director of state courts.
Comparison with federal requirements
There is no existing or proposed federal regulation addressing any medical malpractice fund like the Wisconsin Injured Patients and Families Compensation Fund.
Entities affected by the rule
All health care provider participants in the fund as set forth in s. 655.002 (1), Wis. Stat.
Natural Resources
Subject
Objective of the rule. Amendment to ch. NR 406. The proposed rule change will implement s. 285.60 (5m), Stats., as created by 2003 WI Act 118, related to a waiver of construction permit requirements under certain circumstances.
The Department would proposed the following prerequisites when applying for a waiver:
1. The person submitting the request is required to have filed a complete construction permit application so the Department is able to make an accurate determination of the merits of the waiver request.
2. The project is required to obtain a permit under ch. NR 406 but not chs. NR 405 or NR 408.
Policy analysis
Section 285.60 (5m), Stats., as created by 2003 WI Act 118, requires the Department, by rule, to allow any person to commence construction, reconstruction, replacement or modification of a stationary source prior to issuance of a construction permit under certain circumstances. The source must demonstrate to the Department that the waiver is necessary to avoid undue hardship. The Department is authorized to grant waiver requests on the bases specified in the rule or on a case-by-case basis. Under s. 285.60 (8), Stats., the Department may not grant a waiver if that action would conflict with the Clean Air Act.
The Department is required by Statute to act on the waiver request within 15 days after it receives the request..
Current policy does not allow for commencing construction prior to receiving a construction permit.
Statutory authority
Section 285.60 (5m) and (8), Stats.
Staff time required
Approximately 156 staff hours of time will be needed to develop the rule.
Comparison with federal requirements
Under s. 285.60 (8), Stats., the Department may not promulgate a rule under s. 285.60, Stats., that conflicts with the federal clean air act.
There is no federal requirement that would prohibit waivers for state only construction permits, those covered under ch. NR 406, so there would be no conflict with the federal clean air act if the waivers are granted only to projects which do not require a PSD or NSR e.g., (major sources or major modifications of major sources).
Environmental organizations have expressed an interest in the implementation of the construction permit waivers.
Entities affected by the rule
There are approximately 200 construction permits issued annually, and about 2000 sources listed on our air emission inventory.
Natural Resources
Subject
Objective of the rule. Amendments to chs. NR 406 and 407. The proposed rule changes will implement s. 285.60 (6) (b), Stats., as created by 2003 WI Act 118, related to exemptions for minor sources from air pollution control construction and operation permits.
Policy analysis
Section 285.60 (6) (b), Stats., requires the Department, by rule, to exempt minor sources from the requirement to obtain a construction permit and an operation permit if the emissions from the sources do not present a significant hazard to public health, safety or welfare or to the environment. Minor sources are those facilities whose air emissions are below the Clean Air Act threshold level for major sources. Department rules currently contain more than 30 specific exemption categories as well as one general exemption. The Department is evaluating how to redefine the exemptions such that only projects and facilities that have, or will have, significant environmental impact or risk are subject to permitting requirements. The operation permit general exemptions the Department is considering would only apply to facilities that are not otherwise classified as Title V sources. In addition, the construction permit exemptions would only apply to projects that are not subject to review under Prevention of Significant Deterioration or Non-attainment New Source Review rules.
Statutory authority
Section 285.60 (6) (b), Stats.
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