The Department estimates that it will take approximately 120 hours of staff time to draft the proposed ch.
HFS 109 SeniorCare rules.
Insurance
Subject
Objective of the rule. To propose modifications to s.
Ins 3.46 (13), Wis. Adm. Code, amending commission compensation limitations to permit reasonable compensation to agents for proper long-term care policy replacements.
Policy analysis
The current rule was promulgated to protect consumers from inappropriate long-term care insurance policy replacements through the use of high commissions. Prior to the current rule, agents could be rewarded financially for inappropriately or unnecessarily replacing existing long-term care insurance policies. Due to positive product development, the commission limitations contained in the current rule may have resulted in the unwillingness of agents to suggest proper replacement policies to consumers thereby limiting consumers' ability to upgrade their long-term care insurance coverage. The Office intends to review the current rule and determine if the rule can be modified without harm to consumer protections that currently exist.
Statutory authority
Staff time required
200 hours.
Natural Resources
Subject
Modifications to ch.
NR 428 - the ozone emission reduction rule.
Policy analysis
A rule to clarify provisions of ch.
NR 428 and to modify the emission trading provisions for NOx to meet minimal criteria established by US EPA. After submitting ch.
NR 428 as a SIP revision to US EPA, US EPA published guidance on minimal expectations for emissions averaging and trading programs. In order to obtain US EPA approval of Wisconsin's SIP revision under this guidance, ch.
NR 428 needs to be revised. The language in ch.
NR 428 needs to be modified to clarify and establish a minimal environmental benefit from averaging and trading and to establish a cap on mass emissions that is consistent with the emissions modeled in the attainment demonstration. After discussions with affected sources, two modifications to ch.
NR 428 are being proposed. First, instead of a 30-day rolling average, an ozone season limit will be established for sources that participate in emissions averaging and trading. Second, a new definition will be established for re-powered units. Re-powered units shall meet the requisite emission limits for new sources in ch.
NR 428, but will also be allowed to average and trade emissions consistent with the emissions cap and applicable emissions limits in ch.
NR 428. In addition, discussion with affected sources has revealed a need to define a coal to gas combustion process so an appropriate emission limit may be established.
Statutory authority
Staff time required
Approximately 300 hours will be needed.
Natural Resources
Subject
Modifications to ch.
NR 440 to incorporate new New Source Performance Standards (NSPS) and to update existing standards to reflect changes made by the US EPA.
Policy analysis
There are no policy issues to be resolved. The effort to update ch.
NR 440 is extensive and will affect many NSPS, representing a wide range of industries. All of the proposed rule changes are already in effect at the federal level.
Statutory authority
Staff time required
Approximately 750 hours will be needed.
Natural Resources
Subject
Amendments to ch.
NR 191 on lake protection and classification grants and ch.
NR 190 on lake management planning grants.
Policy analysis
The department will be considering changes to the code based on changes to the enabling statutes and take the opportunity to consider other amendments to make the codes easier to understand and administer. Eligibility and application requirements, as well as priority and project selection policies will most likely be reviewed, in addition to conducting minor housekeeping amendments.
Statutory authority
Staff time required
Approximately 250 hours will be needed.
Natural Resources
Subject
Revisions to ch.
NR 140 on groundwater quality.
Policy analysis
The proposed amendments to ch.
NR 140 continue the existing policy of protecting Wisconsin's groundwater by utilizing the procedures in ch.
160, Stats. The proposed amendments add 2 substances of health concern (Alachlor-ESA and Molybdenum) to Table 1 of NR 140, and revise the existing groundwater quality standards for 3 substances of health concern (Butylate, Dacthal and Naphthalene) currently listed on Table 1 of NR 140. The addition of groundwater quality standards for new substances and the revisions of existing groundwater quality standards for substances currently listed in NR 140 is consistent with the provisions of ch.
160, Stats.
Statutory authority
Staff time required
Approximately 250 hours will be needed.
