Creation of ch.
NR 169 regarding a dry cleaner environmental response fund program.
Policy analysis
2001 Wis. Act 16 included significant statutory language changes that will affect the implementation of the Dry Cleaner Environmental Response Fund Program. This is a funding program for responding to, investigating and remediating contamination caused by the discharge of dry cleaning chemicals. Chapter
NR 169, the rule for implementing this program, has been in place since February, 2000. Those rules were developed with a Dry Cleaning Rulemaking Advisory Group, comprised of several members of the Governor's Council, as well as other interested parties.
These rule revisions will focus on the statutory changes, prioritization of sites, as well as improvements to the contracting portion of the program. Where possible, streamlining and simplification will be incorporated into the rule.
Statutory authority
Staff time required
The Department will need approximately 500 hours.
Natural Resources
Subject
Revision of ch.
NR 150, Environmental Analysis and Review Procedures for Department Actions.
Policy analysis
Chapter
NR 150, the Department's rule guiding implementation of the Wisconsin Environmental Policy Act (WEPA) was last comprehensively updated in 1987. Significant changes have taken place since then with respect to the Department's statutory authorities and the extent to which the Department has incorporated the elements of the environmental analysis (WEPA) process into its various resource planning, management and permit review procedures. In addition, the Department has many more years of experience to help shape its understanding of the potential environmental effects and level of public interest attendant to its resource management and regulatory activities. These changes necessitate revisions to ch.
NR 150. A primary goal of the revision process will be to further streamline the Department's procedures to eliminating duplicative and unproductive work and increasing the Department's focus on cumulative and ecosystem level environmental effects.
Statutory authority
Staff time required
The Department will need approximately 250 hours.
Natural Resources
Subject
Ch.
NR 173 regarding establishment of the brownfields green space grant program.
Policy analysis
This rule describes the requirements for a new brownfields green space grant program. The 2001-2003 biennial budget authorized the Department to award $1 million in grants that will be given to local governments to remediate sites that will have a long-term public benefit, including the preservation of green space, the development of recreational areas or the use of a property by the local government. This rule will include details about the eligibility requirements, scoring criteria, application procedures, and other administrative requirements necessary to administer this grant program.
Statutory authority
Staff time required
The Department will need approximately 750 hours.
Public Instruction
Subject
Milwaukee Parental Choice Program (MPCP).
Policy analysis
•
Modify the current rule to reflect
2001 Act 16 changes to s.
119.23, Stats., relating to the Milwaukee Parental Choice Program.
•
Modify the current rule to better ensure that participating schools are safe and make it easier for parents to participate in the program.
•
Make technical modifications to the current rule.
2001 Wis. Act 16 modified provisions under s.
119.23, Stats., relating to the Milwaukee Parental Choice Program (MPCP). To reflect the statutory changes, Chapter
PI 35, would be modified to:
•
Change the date a private school must annually submit notice of its intent to participate in the program from May 1 to February 1.
•
Reduce payments from MPCP summer school by 40%.
Other changes would be made to better ensure that participating schools are safe and make it easier for parents to participate in the program, including
•
Creating optional open application periods for participating private schools starting in the 2002-03 school year.
•
Changing the dates student applications are due at the department.
In addition, the following technical modifications would be made to Chapter
PI 35:
•
Define in rule, rather than by cross-reference to statute, “pupils enrolled" and “membership."
•
Eliminate conflicting language related to the attendance standard that schools can meet to continue participation in the program in the following school year.
•
Clarify the language related to counting students for purpose of payment under the program and the requirement to return checks received by the school students not present on the count dates.
•
Modify references to the name of the program in the rule to make it consistent with the statutory name of the program.
•
The proposed rule would create optional open application periods during which participating private schools would accept MPCP student applications. Under this policy, participating private schools would report by February 1 of each year which of the optional open application periods the school will accept student applications. The uniform optional dates for accepting applications and reporting of this information will assist parents in exercising their option of participating in this program.
•
The proposed rule would better ensure that schools wishing to participate in the program are safe by stating that submission of temporary certificate of occupancy permits would not meet the safety requirements of this program.
Statutory authority
Staff time required
The amount of time needed for rule development by department staff and the amount of other resources necessary are indeterminable. The time needed in creating the rule language, itself, will be minimal. However, the time involved with guiding the rule through the required rule promulgation process is fairly significant. The rule process takes more than 6 months to complete.
Transportation
Subject
Objective of the rule. This rule making will amend Ch.
Trans 139 by removing the prohibition on service fees (“doc" fees).
Policy analysis
Currently, the rule prohibits motor vehicle dealers from charging a “processing" or “doc" (documentation) fee relating to a vehicle purchase for functions the dealer must perform prior to the vehicle's delivery. The lone exception to this rule [s.
Trans 139.05 (8) (b)] allows a dealer licensee who has contracted with the Department, in accordance with the provisions of s.
341.21, Stats., to charge a purchaser a fee in the amount contained in the contract for the dealer's services relating to the processing or distribution of an original or renewal registration or a certificate of title. This processing fee is the $17.50 “Electronic Title/Plate Filing Fee" charged in conjunction with the APPS (Automated Partners in Processing) on-site registration program.
The proposed policy change will eliminate the prohibition on “doc" fees, and allow a dealer to charge a reasonable fee for functions the dealer must perform prior to the vehicle's delivery, including: performing inspections, collecting and reporting fees and taxes, performing background checks on odometer history, filing registration and title on behalf of purchasers, and purchasing required forms. The proposed change would not impinge upon the dealer's ability to charge an optional processing fee in conjunction with the APPS program. Motor vehicle dealers are subject to a number of statutes and regulations. A processing fee is not required by law. Any rule change, including allowing a dealer to charge a customer a “doc" fee, would need to be consistent with the applicable statutes and regulations. This may include revising other rules and placing conditions, including full disclosure of the fee, upon a dealer charging a customer “doc" fees.
The policy alternatives are to eliminate the prohibition of service (“doc") fees, or to maintain the rule in its current form. Of the Wisconsin border states, Illinois, Michigan and Minnesota allow dealers to charge a “doc" fee, and Iowa law does not address “doc" fees. Allowing Wisconsin dealers to charge this fee will improve their competitive advantage. More importantly, it will allow dealers to more completely disclose the services for which consumers are charged in conjunction with the purchase of a motor vehicle.
Statutory authority
Staff time required
Approximately 100 hours, which represents the collective time expected to be spent by the Dealer Section and the Office of General Counsel.
Transportation
Subject
Objective of the rule. When reassigning ownership of a new motor vehicle which has not been previously titled or registered, ch.
Trans 154 currently requires the dealer to complete an odometer disclosure on a “conforming" odometer disclosure statement. This rule making will amend ch.
Trans 154 by replacing the existing requirement with the requirement that the odometer disclosure shall be recorded in the designated spaces provided on the manufacturer's document of origin when disclosing mileage that is actual. When the odometer reading is not “actual," a separate conforming document will be required. The odometer reading is not “actual" if that odometer reading differs from the vehicle's mileage. An odometer reading can be not actual for a variety of reasons, including an odometer calibration error, mileage in excess of the designed mechanical odometer limit, accident, fire, fraud, etc. However, most of these reasons for a not actual reading are uncommon to new cars.
Policy analysis
Currently, when reassigning ownership of a new motor vehicle which has not been previously titled or registered, dealers are required to complete the reassignment of ownership and odometer disclosure in the designated spaces on the manufacturer's document of origin. Because the document of origin does not normally include a “conforming" odometer disclosure statement, dealers are required to complete an additional disclosure on a separate “conforming" odometer disclosure statement which has been issued or approved by the department. Vehicle odometer disclosure requirements are based on the requirements promulgated by the federal odometer law. However, the federal odometer law does not require a “conforming" odometer disclosure statement when reassigning ownership of a motor vehicle which has not been previously titled or registered.
49 CFR s. 580.17 (b) states the following: “A transferor of a new vehicle prior to its first transfer for purposes other than resale need not disclose the vehicle's odometer mileage."
The proposed policy change will amend the current rule by removing the “conforming" disclosure requirement, of ch.
Trans 154.03 (2) (a) 1., on the document of origin, except in cases where an odometer change has occurred. The remaining provisions of s.
Trans 154.03 would remain unchanged.
The policy alternatives are to begin accepting odometer disclosures in the designated spaces on the manufacturer's document of origin, without requiring that disclosure to meet the definition of “conforming"; or to maintain the existing odometer disclosure requirements. One problem with the current rule is that by requiring a disclosure that is more strict than the federal requirement, you reduce consistencies with other states. It is in the best interest of all parties to establish a consistent and accurate mileage and ownership trail that is easy to use. The manufacturer's document of origin was specifically designed to facilitate ownership and odometer tracking in an effective and consistent manner. Adopting the policy of disclosing mileage on the manufacturer's document of origin, without requiring an additional “conforming" document, will increase interstate and intrastate consistency, will decrease redundancies created by recording the mileage on the manufacturer's document of origin and on a separate conforming document, will align the state law more closely with the federal law, and will promote goodwill and efficiency. Also, the disclosure on the manufacturer's document of origin is essentially conforming when disclosing actual mileage.
Statutory authority
Staff time required
Approximately 200 hours, which represents the collective time expected to be spent by the Dealer Section policy analyst, the Dealer Section Field Investigation Unit Supervisor, and the Office of General Counsel.
