Description of the objective of the rule:
This rule-making creates ch. Trans 203, which will implement 1999 Wis. Act 9, Section 1870. The Act requires each county and municipality to assess the physical condition of highways under its jurisdiction using a Department-approved pavement rating system and report the results to the Department. Chapter Trans 203 will set forth provisions regarding the method counties and municipalities will use to assess the physical condition of highways, the method the Department will use to assess the accuracy of data, and the manner in which the Department will cooperate and provide assistance to local units of government in their mileage determination efforts.
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:
Collection of pavement rating data is required to populate the new local roads database known as the Wisconsin Information System for Local Roads (WISLR). Currently, counties and municipalities (locals) are not required to collect pavement rating data. Pursuant to 1999 Wis. Act 9, section 1870, the deadline for locals to collect and report pavement rating data will be December 15, 2001, and will be required biennially thereafter. Chapter Trans 203 will define guidelines for acceptable pavement rating systems, including a specification of exact data elements that the locals must report, and the manner in which locals should report data back to the Department.
The Department faces two policy alternatives in developing a pavement rating system. It may develop a list of acceptable pavement rating software systems or it may define criteria and create a process for Department approval of pavement rating software systems. The second alternative would better accommodate technological innovation, but it may require more initial work in terms of creating the criteria and process for approval.
More complex rating systems require more time to rate the roads. This raises the issue of aging data as time lapses while locals continue their efforts to rate all highways in their jurisdiction. The rule will address this problem by defining the age of acceptable data for systems of varying complexity.
Under the current policy, local governments can submit their data in several forms for the initial load of data into WISLR. These forms include paper copy, floppy disk, electronic mail and web interface. One policy approach would be to continue accepting a wide variety of formats in an effort to gather a maximum amount of data from locals. However, the drawback to this approach is that it creates more work in collating data once the data reaches the Department. An alternative to minimize this problem would be to develop and provide specific formats for the various forms of data submittal. Although this may reduce flexibility for locals, it will ultimately reduce the amount of work required from the Department when the local data arrives.
1999 Wis. Act 9, s. 86.302 (2), Stats., replaces the previous s. 86.302 (2) which stated, “The Department shall inventory and verify all road mileage in a county or municipality once every 10 years." Pursuant to that version of the statute, the Department assesses the accuracy of data for local road mileage certification. Under the amended statute, the Department will no longer perform this 10-year inventory and verification. Instead, ch. Trans 203 will develop a method for the Department to use for assessing physical condition data in a manner similar to the method it had utilized for the assessment of mileage data under the prior version of s. 86.302 (2), Stats. In addition, a framework for defining a valid random sample will be developed.
The extent to which the Department will provide assistance to local governments in their jurisdictional mileage determination efforts will also be defined. Optimally, ch. Trans 203 would provide guidance to local governments to enable them to accomplish the majority of the assessment process themselves, rather than being dependent upon the Department for this assistance.
Statutory authority for the rule:
Section 86.302 (2), Stats., as amended by 1999 Wis. Act 9, section 1870.
Estimates of the amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule:
80 hours.
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.
Agriculture, Trade and Consumer Protection
Rule Submittal Date
On June 9, 2000, the Wisconsin Department of Agriculture, Trade and Consumer Protection referred a proposed rule to the Wisconsin Legislative Council Rules Clearinghouse.
Analysis
The proposed rule affects ch. ATCP 136, Wis. Adm. Code, relating to ozone-depleting refrigerants in mobile air conditioners.
Agency Procedure for Promulgation
A public hearing is required, and the Department will hold public hearings on this rule after the Wisconsin Legislative Council Rules Clearinghouse completes its review. The public hearings are scheduled to be held on the following dates: Wednesday, July 12, 2000 at Eau Claire; Friday, July 14, 2000 at Madison; Tuesday, July 18, 2000 at Milwaukee; Monday, July 24, 2000 at Green Bay; and Wednesday, July 26, 2000 at Wausau.
The Department's Trade and Consumer Protection Division is primarily responsible for promulgation of this rule.
Contact Information
If you have questions regarding this rule, you may contact:
Tom Stoebig
Division of Trade and Consumer Protection
Telephone: (608) 224-4944
or
Attorney Teel Haas
Telephone: (608) 224-5032
Natural Resources
(Fish, Game, etc., Chs. NR 1--)
Rule Submittal Date
On June 8, 2000, the Wisconsin Department of Natural Resources referred a proposed rule [Board Order No. WM-20-00] to the Wisconsin Legislative Council Rules Clearinghouse.
Analysis
The proposed rule affects ch. NR 10, Wis. Adm. Code, relating to the 2000 migratory game bird hunting season.
Agency Procedure for Promulgation
A public hearing is required, and the Department will hold public hearings on this rule on August 7, 8, 9 and 10, 2000.
Contact Information
If you have questions regarding this rule, please contact:
Jon Bergquist
Bureau of Wildlife Management
Telephone: (608) 266-8841
Natural Resources
(Fish, Game, etc., Chs. NR 1--)
Rule Submittal Date
On June 8, 2000, the Wisconsin Department of Natural Resources referred a proposed rule [Board Order No. FH-26-00] to the Wisconsin Legislative Council Rules Clearinghouse.
Analysis
The proposed rule affects ch. NR 25, Wis. Adm. Code, relating to commercial fishing for chubs on Lake Michigan.
Agency Procedure for Promulgation
A public hearing is required, and the Department will hold two public hearings on this rule on Friday, July 14, 2000.
Contact Information
If you have questions regarding this rule, please contact:
William Horns
Bureau of Fisheries Management & Habitat Protection
Telephone: (608) 266-8782
Natural Resources
(Environmental Protection--Air Pollution Control, Chs. NR 400--)
Rule Submittal Date
On June 8, 2000, the Wisconsin Department of Natural Resources referred a proposed rule [Board Order No. AM-28-00] to the Wisconsin Legislative Council Rules Clearinghouse.
Analysis
The proposed rule affects chs. NR 406, 407, 419, 422 and 484, Wis. Adm. Code, relating to control of organic compound emissions from autobody refinishing operations.
Agency Procedure for Promulgation
A public hearing is required, and the Department will hold public hearings on this rule on August 1 and 2, 2000.
Contact Information
If you have questions regarding this rule, please contact:
Joe Brehm
Bureau of Air Management
