Rule-Making Notices (Hearing Notices)

Section 227.137, Stats., requires an “agency" to prepare an economic impact report before submitting the proposed rule-making order to the Wisconsin Legislative Council. The Department of Regulation and Licensing is not included as an “agency" in this section.

Small Business Impact

These proposed rules will have no significant economic impact on a substantial number of small businesses, as defined in s. 227.114 (1), Stats. The Department's Regulatory Review Coordinator may be contacted by email at [e-mail], or by calling 608-266-8608.

Fiscal Estimate

Summary

The department estimates that this rule will require staff time in the Office of Legal Counsel, Division of Management Services, Office of Exams, and the Division of Professional Credentialing. The total one-time salary and fringe costs are estimated at $4,501. The total on-going salary and fringe costs are estimated at $3,265.

Anticipated costs incurred by private sector

The department finds that this rule has no significant fiscal effect on the private sector.

Submission of Written Comments

Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to Pamela Haack, Paralegal, Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935, or by email to pamela.haack@ drl.state.wi.us. Comments must be received on or before November 24, 2008, to be included in the record of rule-making proceedings.

Agency Contact Person

Pamela Haack, Paralegal, Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708; telephone [phone]; email at [e-mail].

Text of Proposed Rule

SECTION 1. Chir 1.02 (1m) is created to read:

Chir 1.02 (1m) “Current proficiency in the use of an automated external defibrillator" means that a person has successfully completed a course of instruction in the use of an automated external defibrillator provided by an individual, organization or institution of higher education approved to provide the instruction under s. 46.03 (38), Stats., within the 24 months immediately prior to application.

SECTION 2. Chir 2.02 (6) (c) is created to read:

Chir 2.02 (6) (c) Evidence that the applicant has current proficiency in the use of an automated external defibrillator.

SECTION 3. Chir 3.02 (1) (e) is created to read:

Chir 3.02 (1) (e) Evidence that the applicant has current proficiency in the use of an automated external defibrillator.

SECTION 4. Chir 3.03 (1) (i) is created to read:

Chir 3.03 (1) (i) Has current proficiency in the use of an automated external defibrillator.

SECTION 5. Chir 5.01 (1) (h) is created to read:

Chir 5.01 (1) (h) One credit of course work completed to become proficient in the use of an automated external defibrillator as required in ss. Chir 2.02 (6) (c), 3.02 (1) (e) and 3.03 (1) (i), may be counted as a continuing education credit hour.

SECTION 6. Chir 5.02 (1m) and (7) are created to read:

Chir 5.02 (1m) The board shall approve a continuing education program that is approved under s. 46.03 (38), Stats., to provide instruction in the use of an automated external defibrillator.

(7) This section does not apply to programs approved under s. 46.03 (38), Stats., to provide instruction in the use of an automated external defibrillator.

Notice of Hearing

Commerce

Financial Resources for Businesses and Communities, Chs. Comm 104—
Housing Assistance, Chs. Comm 150—

rulemaking_notices CR 08-096 CR 08-096

NOTICE IS HEREBY GIVEN that pursuant to ss. 560.02 (4), 560.04, 560.045, and 560.9809, Stats., the Department of Commerce will hold a public hearing on proposed rules under Chapters Comm 108 and 154, relating to emergency assistance grants in the community development block grant program.

Hearing Information

The public hearing will be held as follows:

Date and Time	Location
November 13, 2008 Thursday 10:00 a.m.	Thompson Commerce Center Third Floor, Room 3B 201 West Washington Avenue Madison

This hearing will be held in an accessible facility. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call Sam Rockweiler at [phone] or at Contact Through Relay at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audio tape format will, to the fullest extent possible, be made available upon a request from a person with a disability.

Analysis Prepared by the Department of Commerce

Statutes interpreted

Sections 560.02 (4), 560.04, 560.045, and 560.9809, Stats.

Statutory authority

Sections 560.02 (4), 560.04, 560.045, and 560.9809, Stats.

Explanation of agency authority

The Department is the designated agency to administer the federally funded Small Cities Community Development Block Grant (CDBG) Program for Wisconsin. These CDBG funds can be used statewide, except in “entitlement" communities that also receive annual CDBG funding directly from the US Department of Housing and Urban Development (cities with populations above 50,000 and, with only a few exceptions, Milwaukee, Dane, and Waukesha Counties). Federal regulations require that the Department submit an Annual Plan describing the State's intended use and distribution of the CDBG funds based on any State regulations and public input. The Wisconsin administrative rules that are authorized by the above statutes set forth the criteria, process, and limitations for distributing CDBG funds.

Related statute or rule

The Department has statutes and rules for other programs associated with housing assistance and community development, but none of these programs fund emergency assistance for housing repair or public infrastructure/facility repair or replacement.

Plain language analysis

The proposed rules in this order would repeal limits on emergency assistance grants in the CDBG Program. This will enable the Department to (1) use any available CDBG funds for emergency assistance with repairing or replacing public infrastructure and facilities, and with repairing or replacing homes damaged by the severe storms and flooding; and (2) base the award amounts on the scope of the damages and destruction in the community and on the funds available.

Comparison with federal regulations

24 CFR 570.483(d) allows the Department to use CDBG funds for activities that address the national objective of meeting an “urgent local need." The criteria under this objective specify that the funded activities must be designed to alleviate existing conditions which pose a serious and immediate threat to the health or welfare of the community, and which are of recent origin or recently became urgent. In addition, the Department must determine that the state grant recipient is unable to finance the activity on its own, and that other sources of funding are not available to carry out the activity.

Comparison with rules in adjacent states

Michigan:

Michigan does not set aside or limit the use of CDBG funds for emergency assistance in either state statute or administrative rule or in their Annual Plan submittal to HUD. In the event of a disaster, Michigan amends their Annual Plan to enable CDBG funds to be used for emergency assistance as needed.

Minnesota:

Minnesota does not set aside CDBG funds for emergency assistance in either state statute or administrative rule or in their Annual Plan submittal to HUD. In the event of a disaster, Minnesota amends their Annual Plan to enable CDBG funds to be used for emergency assistance. The Minnesota Small Cities Development Program does have a policy to limit CDBG funding to $1.4 million per community for each event.

Iowa:

Iowa does not set aside or limit the use of CDBG funds for emergency assistance by state statute or administrative rule. The current Iowa Annual Plan sets aside 5 percent of the CDBG annual allocation for emergency assistance. Iowa amends their Annual Plan if additional funds are needed.

Illinois:

Illinois does not set aside or limit the use of CDBG funds for emergency assistance in either state statute or administrative rule or in their Annual Plan submittal to HUD. In the event of a disaster, Illinois amends their Annual Plan to enable CDBG funds to be used for emergency assistance as needed.

Summary of factual data and analytical methodologies

There were no factual data or analytical methodologies used to develop the proposed rules.

Analysis and supporting documents used to determine effect on small business

The proposed rules should have a minimal effect on small business. There were no supporting documents used to determine the effect on small business, and an economic impact report was not prepared.

Small Business Impact

Summary

The amended rules are not expected to adversely effect small business. Grants to repair or replace public infrastructure and facilities would only have a positive impact.

Initial Regulatory Flexibility Analysis

Types of small businesses that will be affected by the rules

Businesses that receive payments from funds which become available because of the rules.

Reporting, bookkeeping and other procedures required for compliance with the rules

No new reporting, bookkeeping or other procedures are necessary for compliance with the rules.

Types of professional skills necessary for compliance with the rules

No new professional skills are necessary for compliance with the rules.

Rules have a significant economic impact on small businesses

No.

Environmental Impact

The Department has considered the environmental impact of these proposed rules. In accordance with chapter Comm 1, the rules are a Type III action. A Type III action normally does not have the potential to cause significant environmental effects and normally does not involve unresolved conflicts in the use of available resources. The Department has reviewed these rules and finds no reason to believe that any unusual conditions exist. At this time, the Department has issued this notice to serve as a finding of no significant impact.

Fiscal Estimate

Summary

Due to limited funding, the overall number of CDBG grant awards is not expected to change significantly. The increased workload for grant specialists processing and underwriting more emergency assistance grants will be offset by a decrease in non-emergency grant applications. Therefore, the proposed rule revisions are not expected to have any significant fiscal effect on the Department.

The proposed rules will not impose any significant costs on local governments or the private sector, because CDBG emergency assistance grants also include administrative funds for the local government.

State fiscal effect

None

Local fiscal effect

None

Long-range fiscal implications

None known

Submission of Written Comments

Interested persons are invited to appear at the hearing and present comments on the proposed rules. Persons making oral presentations are requested to submit their comments in writing, via e-mail. Persons submitting comments will not receive individual responses. The hearing record on this rulemaking will remain open until November 17, 2008, to permit submittal of written comments from persons who are unable to attend the hearing or who wish to supplement testimony offered at the hearing. E-mail comments should be sent to [e-mail]. If e-mail submittal is not possible, written comments may be submitted to Sam Rockweiler, Department of Commerce, Division of Environmental and Regulatory Services, P.O. Box 14427, Madison, WI 53708-0427.

Copies of Proposed Rules

The proposed rules and an analysis of the rules are available on the Internet by entering “Comm 108" in the search engine at the following Web site: http://adminrules.wisconsin.gov. Paper copies may be obtained without cost from Sam Rockweiler at the Department of Commerce, Division of Environmental and Regulatory Services, P.O. Box 14427, Madison, WI 53707, or at [e-mail], or at telephone [phone], or at Contact Through Relay. Copies will also be available at the public hearing.

Agency Contact Person