Approximately 300 hours of staff time including DOT and DNR staff, for development, hearings, and revision of rule draft.
Transportation
Subject:
Chs. Trans 251, 269 and 270 - Relating to establishing maximum weights for garbage and refuse, and for recyclable scrap.
Description of policy issues:
Description of the objective of the rule:
This proposed rule will amend chs. Trans 251 and 269, and create ch. Trans 270. Chapter Trans 251 currently establishes the same maximum weights allowed for transport of garbage, refuse, and recyclable scrap in s. Trans 251.05. This proposed rule will establish different maximum weights for garbage and refuse, and for recyclable scrap. The proposed maximum vehicle weight for recyclable scrap will be 120,000 pounds with the maximum vehicle weight limited by the number of axles on the vehicle and the distance between those axles. This limitation is typically called “bridge distance." Currently s. Trans 251.05 does not impose “bridge distance" limits on the maximum weight and axle group weights allowed by permit for vehicles up to 150,000 pounds. The weights currently allowed for transportation of garbage and refuse under permit will not be changed.
Chapter Trans 269 currently addresses the overweight transport of garbage and refuse, as provided in s. 348.27 (12), Stats., and recyclable scrap, as provided in s. 348.27 (9r), Stats. In the proposed rule, ch. Trans 269 will address only the overweight transport of garbage and refuse. The proposed rule will also clarify the vehicle equipment requirements for permit eligibility, increase the required insurance, and correct minor technical errors. All references to recyclable scrap will be deleted from ch. Trans 269. The required insurance will be increased from $750,000 to $1,000,000 to correspond with the amounts required for vehicles of similar weight authorized by other oversize and overweight administrative rules. Technical amendments would include broadening the eligible vehicle language to parallel other divisible load permits. The definition of “self-compactor equipped vehicle" will be amended and clarified.
Chapter Trans 270 creates a separate rule for the transport of recyclable scrap, as provided in s. 348.27 (9r), Stats. The definition of “recyclable scrap" will be amended and clarified.
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:
Chapter Trans 269 is the only overweight transport rule that addresses loads authorized by two separate statutory provisions. Overweight garbage and refuse loads are authorized by s. 348.27 (12), Stats., and overweight recyclable scrap loads are authorized by s. 348.27 (9r), Stats. This was workable when transport of recyclable scrap was a minor use of the permit. Since approximately 1992, use of this permit for the transportation of recyclable scrap has sharply increased. This has become a serious problem because the permit authorizes exceptionally heavy loads up to 150,000 lbs. and is valid on all local roads. In addition, it is the only permit that does not require maximum vehicle weight to be limited by the number of axles and distance between those axles, known as “bridge distance." Elimination of “bridge distance" as a limiting factor was authorized in order to allow appropriate use of standard garbage trucks (which have an excessively heavy rear due to the compacting unit and short vehicle length) on residential streets. Local authorities have expressed serious concern about the need to curb the growth in transport under this permit in order to conserve roadways and reduce maintenance costs.
The current definition of recyclable scrap is unclear and ambiguous. The Department believes that some motor carriers have unreasonably stretched the interpretation of recyclable scrap in order to justify heavier loads. The Department has provided interpretations as to the meaning of the definition of recyclable scrap, but the definition's ambiguity has resulted in litigation. This will continue unless the definition of recyclable scrap is clarified.
Restricting ch. Trans 269 exclusively to overweight transport of garbage and refuse and creating a new rule for the overweight transport of recyclable scrap would allow the Department to impose different standards for these commodities. This would allow the Department to more effectively limit truck trips at the extraordinary weight of 150,000 pounds on state and local highways.
The definition of “self-compactor equipped vehicle" in s. Trans 269.02 (2) (f) has been difficult to interpret by motor carriers and law enforcement agencies. This definition is ambiguous and should be clarified.
Restricting s. Trans 251.05 exclusively to transport of garbage and refuse and creating a new section in ch. Trans 251 for transport of recyclable scrap would allow the Department to impose different standards for transport of these commodities without compromising the vehicle configuration requirements pertinent to the transport of garbage or refuse.
Statutory authority for the rule:
Section 348.25 (3), Stats., grants the Department the authority to promulgate administrative rules relating to the issuance of permits for the transport of overweight and oversize vehicles. Section 348.27 (12), Stats., authorizes the overweight transport of garbage or refuse in compactor-equipped vehicles. Section 348.27 (9r), Stats., authorizes the overweight transport of metallic and non-metallic scrap for the purposes of recycling. Section 348.15, Stats., establishes the maximum weight allowed for vehicles on class A highways. Section 348.16, Stats., establishes the maximum weight allowed for vehicles on class B highways.
Estimates of the amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule:
Approximately 300 hours of staff time will be spent in amending chs. Trans 251 and 269 and in drafting the new ch. Trans 270, meeting with interested officials and industry representatives, and in traveling to or conducting a minimum of two public hearings.
Transportation
Subject:
Ch. Trans 276 - Relating to adding a highway segment to the network of highways on which long combination vehicles may operate.
Description of policy issues:
Description of the objective of the rule:
This proposal will amend ch. Trans 276, which establishes a network of highways on which long combination vehicles may operate, by adding one highway segment to the network. The actual segment being proposed is State Trunk Highway 55 from USH 41 in Kaukauna to STH 54 south of Seymour.
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:
Federal law requires the Department of Transportation to react within 90 days to requests for changes to the long truck route network. Wisconsin state law requires that the Department use the administrative rule process to deal with changes to the long truck route network. Chapter Trans 276 is an existing rule set up for long truck routes. The Department has received a joint request from Senator Robert Cowles and Rep. John Ainsworth, to add the highway segment.
Statutory authority for the rule:
Section 348.07 (4), Stats.
Estimates of the amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule:
It is estimated that state employees will spend 40 hours on the rule-making process, including research, drafting and conducting a public hearing.
Submittal of Rules to Legislative Council Clearinghouse
Notice of Submittal of Proposed Rules to
Wisconsin Legislative Council Rules Clearinghouse
Please check the Bulletin of Proceedings for further information on a particular rule.
Administration
Rule Submittal Date
On April 24, 2000, the Wisconsin Department of Administration submitted a proposed rule, ch. Adm 43, Wis. Adm. Code, to the Wisconsin Legislative Council Rules Clearinghouse.
Analysis
Statutory authority: ss. 16.004 (1) and 16.957 (4) (b), Stats.
Statutes interpreted: ss. 16.957, et seq.
Under s. 16.957 (4) (b), Stats., the Department of Administration is required to promulgate rules establishing the amount of public benefits fees to be collected by certain electric utilities from their customers. These fees are to be paid to the Department in order to fund low-income assistance energy conservation and efficiency, and renewable resource programs statewide. The proposed rule establishes fees that may vary by class of customer, but will be uniform within each class.
Agency Procedure for Promulgation
A public hearing is required and the Department will hold a public hearing on this rule after the Wisconsin Legislative Council Rules Clearinghouse completes its review. The Division of Energy and Public Benefits is primarily responsible for promulgation of this rule.
Contact Information
If you have any questions regarding this rule, please contact:
Donna Sorenson
Dept. of Administration
Telephone (608) 266-2887
Administration
Rule Submittal Date
On April 24, 2000, the Wisconsin Department of Administration submitted a proposed rule, ch. Adm 44, Wis. Adm. Code, to the Wisconsin Legislative Council Rules Clearinghouse.
Analysis
Statutory authority: ss. 16.004 (1) and 16.957 (2) (c), Stats.
Statute interpreted: s. 16.957 (2) (b), Stats.
Under s. 16.957 (2) (b), Stats., the Department of Administration is required to promulgate rules for energy conservation and efficiency and renewable resource public benefits programs. The proposed rule establishes requirements, procedures and criteria to be followed by program administrators in soliciting and selecting applications for grant funding to be awarded by the Department for energy programs established under s. 16.957 (2) (b), Stats.
Agency Procedure for Promulgation
A public hearing is required and the Department will hold a public hearing on this rule after the Wisconsin Legislative Council Rules Clearinghouse completes its review. The Division of Energy and Public Benefits is primarily responsible for promulgation of this rule.
Contact Information
If you have any questions regarding this rule, please contact:
Donna Sorenson
Department of Administration
Telephone (608) 266-2887
Administration
Rule Submittal Date
On April 24, 2000, the Wisconsin Department of Administration submitted a proposed rule, ch. Adm 45, Wis. Adm. Code, to the Wisconsin Legislative Council Rules Clearinghouse.
Analysis
Statutory authority: ss. 16.004 (1) and 16.957 (2) (c), Stats.
Statute interpreted: s. 16.957 (2) (a), Stats.
Under s. 16.957 (2) (c), Stats., the Department of Administration is required to promulgate rules for low-income public benefits programs. The proposed rule establishes eligibility and application requirements and procedures for assistance under a low-income public benefits program established under s. 16.957 (2) (a), Stats.
Agency Procedure for Promulgation
A public hearing is required and the Department will hold a public hearing on this rule after the Wisconsin Legislative Council Rules Clearinghouse completes its review. The Division of Energy and Public Benefits is primarily responsible for promulgation of this rule.
Contact Information
If you have any questions regarding this rule, please contact:
Donna Sorenson
Department of Administration
