Rule-making notices
Notice of Hearings
NOTICE IS HEREBY GIVEN that pursuant to ss.
101.02 (1),
101.63 (1),
101.73 (1) and
101.82, Stats., the Department of Commerce will hold public hearings on proposed rules revising Ch.
Comm 16, relating to electrical construction.
The public hearings will be held as follows:
Thursday, June 27, 2002 @ 10:00 a.m.
Room BO213, Business Building
Waukesha County Technical College
800 Main Street
Pewaukee
Friday, June 28, 2002 @ 10:00 a.m.
Room 3B, Thompson Commerce Center
201 West Washington Avenue
Madison
Tuesday, July 2, 2002 @ 11:00 a.m.
Room 105, Eau Claire State Office Building
718 West Clairemont Avenue
Eau Claire
Interested persons are invited to appear at the hearings and present comments on the proposed rules. Persons making oral presentations are requested to submit their comments in writing. Persons submitting comments will not receive individual responses. The hearing record on this proposed rulemaking will remain open until July 12, 2002, to permit submittal of written comments from persons who are unable to attend a hearing or who wish to supplement testimony offered at a hearing. Written comments should be submitted to Ronald Acker, Department of Commerce, P.O. Box 2689, Madison, WI 53701-2689.
These hearings are held in accessible facilities. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call (608) 266-8741 or (608) 264-8777 (TTY) 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 request by a person with a disability.
Analysis Prepared by the Department of Commerce
Chapter
Comm 16, Electrical Code, establishes safety and health requirements for the installation of electrical wiring, communication systems and electrical equipment in places of employment, public buildings, dwellings and other premises such as carnivals, parking lots, mines, trenches, mobile homes and recreational vehicles. The chapter incorporates by reference the National Fire Protection Association (NFPA) standard NFPA 70 - National Electrical Code (NEC). In addition, the chapter includes amendments that clarify or supplement the electrical standards contained in the NEC. Chapter
Comm 16 also establishes rules for the electrical inspection of farms, public buildings and places of employment.
The proposed rules consist of an update of ch.
Comm 16, including the incorporation by reference of the 2002 edition of the NEC. The proposed rules do not contain any revisions to the current rules for the electrical inspection of farms, public buildings and places of employment.
The following is a summary of the major changes in the proposed rules. [The numbers in brackets indicate where the rule change can be found in the rule draft.]
1. Deleting several Wisconsin amendments to the NEC as a result of changes in the 2002 edition of the NEC. For example, because of changes in NEC 300.7 (A) of the 2002 NEC relating to sealing of raceways exposed to different temperatures, s.
Comm 16.295 is being deleted.
2. Revising the rules relating to the application of the code by clarifying the requirements relating to existing installations and by adding requirements for repairs. [ss.
Comm 16.03 (3) and
(4)]
3. Adding a requirement in dwelling units for installation of GFCI protection at sinks where receptacles are installed to serve countertop surfaces and are located within 6 feet of the sink. [s.
Comm 16.20 (1)]
4. Adding requirements in other than dwelling units for installation of GFCI protection at outdoor receptacles and at sinks where receptacles are installed to serve countertop surfaces and are located within 6 feet of the sink. [s.
Comm 16.20 (2)]
5. Allowing the option of engineering supervision when calculating branch-circuit, feeder and service sizes. [s.
Comm 16.23]
6. Revising the supplemental electrode rule by requiring 2 supplemental made electrodes for all installations, not just for one- and 2-family dwellings. [s.
Comm 16.26 (2)]
7. Adding a requirement for a supplemental equipment grounding conductor for a metallic raceway installed in direct contact with earth, in concrete slabs or floors poured on earth, or in exterior concrete walls below grade. [s.
Comm 16.275]
8. Deleting the NEC requirement for a warning ribbon to identify the location of underground service conductors that are not encased in concrete. [s.
Comm 16.294]
9. Adding a clarification for who is a qualified person to monitor and service a transformer installation over 600 volts. [s.
Comm 16.39 (1)]
10. Deleting the NEC exception allowing mechanical ventilation to be used to exempt the area up to 18 inches above the floor from being classified a hazardous area in commercial garages. [s.
Comm 16.392]
11. Adding a requirement for a service disconnecting means with overcurrent protection at the service point for electrically driven or controlled irrigation machines. [s.
Comm 16.438]
12. Adding a new rule to clarify that a person can request the Department to perform an electrical plan review. [s.
Comm 16.52]
The proposed rules have been developed with the assistance of the Electrical Code Advisory Council. The members of that citizen advisory council are as follows:
Name Representing
Terry Fameree Intern'l Assn. of Electrical Inspectors
David Hansen Dept of Agriculture, Trade & Consumer
Protection
Ronald L. Jahnke NECA, Wisconsin Chapter
Ronald Janikowski Intern'l Assn of Electrical Inspectors
Charles L. Johansen Wisconsin Builders Association
James D. Loock Wisconsin Public Service Commission
Richard Lynes Assoc. Builders & Contractors of WI
Ronald E. Maassen NECA, Milwaukee Chapter
Robert Molde Wisconsin Utilities Association
Ken Peterson WI Electric Cooperative Association
Paul Welnak Wisconsin State AFL-CIO
Initial Regulatory Flexibility Analysis
1. Types of small businesses that will be affected by the rules.
Any business involved with the installation of electrical wiring, communication systems or electrical equipment will be affected by the rules.
2. Reporting, bookkeeping and other procedures required for compliance with the rules.
There are no reporting, bookkeeping or other procedures required for compliance with the rules.
3. Types of professional skills necessary for compliance with the rules.
There are no professional skills necessary for compliance with the rules.
Environmental analysis
Notice is hereby given that the Department has considered the environmental impact of the proposed rules. In accordance with ch.
Comm 1, the proposed 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
The Safety and Buildings Division is responsible for administering and enforcing ch.
Comm 16. The proposed rules do not contain any changes in the Division's fees charged for administering and enforcing ch.
Comm 16. Also, the proposed rules will not create any additional workload costs. Therefore, the proposed rules will not have any fiscal effect on the Division. Local municipalities may voluntarily enforce ch.
Comm 16, and they have the authority to offset any costs by charging appropriate fees.
Copies of Rule and Contact Person
The proposed rules and an analysis of the proposed rules are available on the Internet at the Safety and Buildings Division web site at:
www.commerce.state.wi.us/SB/SB-HomePage.html. Paper copies may be obtained without cost from Roberta Ward, Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689, Email
rward@commerce.state.wi.us, telephone (608) 266-8741 or (608) 264-8777 (TTY). Copies will also be available at the public hearings.
Notice of Hearings
Commerce
(Uniform Dwelling, Chs.
Comm 20 -
25)
The public hearings will be held as follows:
Monday, July 8, 2002 @ 10:30 a.m.
Fox Valley Technical College - Room A119-A1825
North Bluemound Drive, Appleton, WI (Park in North Lot,
Enter Building at Entrance 15)
Tuesday, July 9, 2002 @ 10:00 a.m.
Tommy G. Thompson Commerce Ctr Conference Room
3B (Third Floor)
201 West Washington Avenue, Madison, WI
Wednesday, July 10, 2002 @ 11:00 a.m.
Eau Claire State Office Building
Room 105718 West Clairemont Avenue, Eau Claire, WI
Interested persons are invited to appear at the hearings and present comments on the proposed rules. Persons making oral presentations are requested to submit their comments in writing. Persons submitting comments will not receive individual responses. The hearing record on this proposed rulemaking will remain open until Friday, July 19, 2002, to permit submittal of written comments from persons who are unable to attend a hearing or who wish to supplement testimony offered at a hearing. Written comments should be submitted to Duane Hubeler, Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689, Email
dhubeler@commerce.state.wi.us.
These hearings are held in accessible facilities. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call (608) 266-8741 or (608) 264-8777 (TTY) 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 request by a person with a disability.
Analysis Prepared by the Department of Commerce
Under the statute sections listed above, the Department of Commerce has the responsibility to adopt rules that establish standards for the construction of 1- and 2-family dwellings. Sections
101.63 (5) and
101.73 (8), Stats., require the department to review these rules on a biennial basis. This proposed order is the result of the latest review. The vast majority of these proposed rule changes are intended to clarify current policies and requirements. There are new requirements proposed for exit distribution on the first floor. The section on adopted standards is reformatted and updated. New requirements are proposed for floor framing and floor overhangs. Various changes are made to the energy conservation requirements in ch.
Comm 22 to bring the Wisconsin requirements in line with the national model energy code. Code sections that are substantially changed under this order are listed below:
Comm 20.24 - Reformats and revises adopted standards;
Comm 21.02 - Adds performance language related to total load path;
Comm 21.03 (1) (a) - Clarifies that the two required exits from the first floor must be doors;
Comm 21.03 (1) (e) - Adds requirements for exit separation on the first floor;
Comm 21.04 (3) (a) and (c) - Decreases the allowed openings in stairway handrails or guardrail from 6 to 4 inches;
Comm 21.04 (3) (b) 3. - Allows handrails to be placed on either side of a winding stairway if certain conditions are met;
Comm 21.05 (5) (b) - Clarifies a condition where safety glazing is required;
Comm 21.12 - Clarifies grading requirements;
Comm 21.125 (4) - Clarifies that the owner is responsible for removing erosion control measures once the site is stabilized;
Comm 21.18 (1) (d) - Adds requirements for fastening floor framing to the sill plate;
Comm 21.22 (6) - Adds requirements for cantilevered floors;
Comm 21.24 (3) - Adds and clarifies locations that require flashing;
Comm 22.03 - Clarifies requirements for determining R-values for materials;
Comm 22.195 - Adds requirements for heat traps on water heaters;
Comm 22.24 - Adds and clarifies requirements for skylight shaft walls;
Comm 22.35 (4) (b) - Simplifies the input values for HVAC controls;
Comm 22.35 (7) - Clarifies air infiltration allowances; and
Comm 22.35 (8) - Allows for the consideration of the R-value of adjacent soil in basement wall thermal performance under certain conditions.
Initial Regulatory Flexibility Analysis
1. Types of small businesses that will be affected by the rules.
All one- and two-family dwellings constructed in the state are required to comply with these rules. Contractors, tradespeople, material suppliers, and other small businesses have been affected by these rules since their inception. The current package of changes should have very little additional impact.
2. Reporting, bookkeeping and other procedures required for compliance with the rules.
There are no additional reporting or bookkeeping procedures required as a result of these rules.
3. Types of professional skills necessary for compliance with the rules.
There are no additional skills necessary to comply with these rules.
Environmental analysis
Notice is hereby given that the Department has considered the environmental impact of the proposed rules. In accordance with ch.
Comm 1, the proposed 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
There are no requirements in this proposal that should effect staffing levels.
Copies of Rule and Contact Person
The proposed rules and an analysis of the proposed rules are available on the Internet at the Safety and Buildings Division web site at:
www.commerce.state.wi.us/SB/SB-HomePage.html. Paper copies may be obtained without cost from Roberta Ward, Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689, Email
rward@commerce.state.wi.us, telephone (608) 266-8741 or (608) 264-8777 (TTY). Copies will also be available at the public hearings.
Notice of Proposed Rule
NOTICE IS HEREBY GIVEN that pursuant to ss.
5.05 (1) (f),
5.93, and
227.11 (2) (a), Stats., and interpreting ss.
6.02, 6,03,
6.92,
6.93,
6.935,
6.94, and
6.95, Stats., and according to the procedure set forth in s.227.16 (2) (e), Stats., the State of Wisconsin Elections Board will adopt the following rule as proposed in this notice without public hearing unless within 30 days after publication of this notice, on
June 15, 2002, the Elections Board is petitioned for a public hearing by 25 persons who will be affected by the rule; by a municipality which will be affected by the rule; or by an association which is representative of a farm, labor, business, or professional group which will be affected by the rule.
Analysis Prepared by the State Elections Board
The rule interprets ss.
6.02,
6.03,
6.92,
6.93,
6.935,
6.94, and
6.95, Stats. The rule establishes the procedure for and the method by which an elector's ballot is challenged at a polling place and the method by which the elector's eligibility to vote is tested. The rule also codifies the method used to process the ballot of a challenged elector, including the creation of a written record for each challenge.
Section
6.92 of the Wisconsin Statutes provides that the Elections Board shall determine, by rule, the questions which are appropriate to test a person's qualifications to vote if that person is challenged as unqualified at a polling place. Chapter ElBd 9 establishes those questions based on the voting qualification provisions of ss.
6.02 and
6.03, Stats. The rule establishes the specific procedure whereby an inspector or an elector may challenge a voter's qualifications at a polling place; the procedure for determining the voter's eligibility to vote; and the procedure for identifying, by mark, and voting the challenged voter's ballot. The rule also establishes what shall be included in the written record that must be made by the polling place inspectors for each challenge.
Pursuant to the authority vested in the State of Wisconsin Elections Board by ss.
5.05 (1) (f),
5.93, and 227.(11) (2) (a), Stats., the Elections Board hereby creates Rule ElBd 9.01, 9.02, 9.03, 9.04, 9.05, and 9.06 interpreting ss.
6.02, 6,03,
6.92,
6.93,
6.935,
6.94, and
6.95, Stats., as follows:
SECTION 1. ElBd 9.01, 9.02, 9.03, 9.04, 9.05, and 9.06 are created to read:
ELBD 9.01 INSPECTOR MAKING CHALLENGE
Any inspector may challenge for cause any person offering to vote whom the inspector knows or suspects is not a qualified elector. For purposes of challenge, cause is defined as one of the following: non-citizenship; age (the challenged elector is not at least 18 years of age); non-residency; felony conviction; adjudication of incompetence; a bet or wager on the election; or a previous vote in the same election. If a person is challenged as unqualified by an inspector:
(1) One of the inspectors shall administer the following oath or affirmation of veracity to the person: “You do solemnly swear (or affirm) that you will fully and truthfully answer all questions put to you regarding your place of residence and qualifications as an elector of this election."
(2) The inspector shall then ask only those of the following questions which are appropriate to test the person's qualifications based on the cause for the challenge:
a. Are you a United States Citizen?
b. Are you at least 18 years of age?
c. For at least the 10 days before this election, have you resided in, or been a resident of, the ward or election district from which you seek to vote?
d. Are you currently disqualified from voting for any of the following reasons:
1. A felony conviction for which you are still serving probation or are on parole.
2. A judge's ruling that you are incapable of voting.
3. Having made a bet or wager on this election.
4. Having voted previously in this election.
(3) If the challenge is withdrawn, the challenge procedure is halted, but a written record of the procedural steps taken, up to the withdrawal, is preserved. (See s.
9.05 of this chapter)
(4) If the challenge is not withdrawn after the person offering to vote has answered the questions, one of the inspectors, before issuing the ballot, shall administer to the challenged elector the following oath or affirmation of eligibility: “You do solemnly swear (or affirm) that: you are 18 years of age; you are a citizen of the United States; you are now and for 10 days have been a resident of this ward except under s.
6.02 (2); you have not voted at this election; you have not made any bet or wager or become directly or indirectly interested in any bet or wager depending upon the result of this election; you are not on any other ground disqualified to vote at this election."
(5) If the person challenged refuses to take the oath or affirmation of eligibility, the inspectors shall not issue a ballot to the person challenged.
(6) If the person challenged refuses to answer fully any relevant questions put to him or her by the inspector under this chapter, or the answers to the questions given by the person indicate that the person does not meet the voting qualification requirements, the inspectors shall not issue a ballot to the person challenged.
(7) If the person challenged answers fully all relevant questions put to the elector by the inspector under this chapter, takes the oath or affirmation of eligibility, fulfills the registration requirements, where applicable, and the answers to the questions given by the person indicate that the person meets the voting qualification requirements, the challenged elector shall be issued a ballot and the voting procedure under s.
9.03 of this chapter shall be followed.
ELBD 9.02 ELECTOR MAKING CHALLENGE IN PERSON
Any elector may challenge for cause any person offering to vote whom the elector knows or suspects is not a qualified elector. Any elector who abuses the right to challenge under s.
6.925, Stats., may be subject to sanctions available to inspectors under s.
7.41 (3), Stats. For purposes of challenge, cause is defined as one of the following: non-citizenship; age (the challenged elector is not at least 18 years of age); non-residency; felony conviction; adjudication of incompetence; a bet or wager on the election; or a previous vote in the same election. If a person is challenged as unqualified by an elector:
(1) One of the inspectors shall administer the following oath or affirmation of veracity to the challenging elector: “You do solemnly swear (or affirm) that you will fully and truthfully answer all questions put to you regarding the challenged person's place of residence and qualifications as an elector of this election."
(2) The inspector shall ask the challenger if he or she is an elector and then ask only those of the following questions which are appropriate to determine the qualifications of the challenged elector:
a. Why do you believe that the challenged elector is not a United States Citizen?
b. Why do you believe that the challenged elector is not at least 18 years of age?
c. Why do you believe that the challenged elector has not, for at least the 10 days before this election, resided in, or been a resident of, the ward or election district from which he or she seeks to vote?
d. For which of the following reasons, and why, do you believe the challenged elector is currently disqualified from voting:
1. A felony conviction for which the challenged elector is still serving probation or is on parole.
2. A judge's ruling that he or she is incapable of voting.
3. Having made a bet or wager on this election.
4. Having voted previously in this election.
(3) One of the inspectors shall then administer the oath or affirmation of veracity to the challenged elector under this chapter and ask the challenged elector only the questions under s.
9.01 (2) of this chapter which are appropriate to test the elector's qualifications based on the cause for the challenge.
(4) One of the inspectors shall then ask the challenging elector if he or she withdraws the challenge. If the challenge is withdrawn, the challenge procedure is halted, but a written record of the procedure up to the withdrawal is preserved. (See s.
9.05 of this chapter)
(5) If the challenge is not withdrawn after the person offering to vote has answered the questions, one of the inspectors, before issuing the ballot, shall administer to the challenged elector the following oath or affirmation of eligibility: “You do solemnly swear (or affirm) that: you are 18 years of age; you are a citizen of the United States; you are now and for 10 days have been a resident of this ward except under s.
6.02 (2); you have not voted at this election; you have not made any bet or wager or become directly or indirectly interested in any bet or wager depending upon the result of this election; you are not on any other ground disqualified to vote at this election."
(6) If the person challenged refuses to take the oath or affirmation of eligibility, the inspectors shall not issue a ballot to the person challenged.
(7) If the person challenged refuses to answer fully any relevant questions put to him or her by the inspector under this chapter, or the answers to the questions given by the person indicate that the person does not meet the voting qualification requirements, the inspectors shall not issue a ballot to the person challenged.
(8) If the person challenged answers fully all relevant questions put to the elector by the inspector under this chapter, takes the oath or affirmation of eligibility, fulfills the registration requirements, where applicable, and the answers to the questions given by the person indicate that the person meets the voting qualification requirements, the challenged elector shall be issued a ballot and the voting procedure under s.
9.03 of this chapter shall be followed.
ELBD 9.03 VOTING PROCEDURE FOR CHALLENGED ELECTORS
Whenever the inspectors under ss.
6.92 to
6.94, Stats., determine to receive the vote of a person who has been challenged under this chapter, they shall give the elector a ballot. Before giving the elector the ballot, the inspectors shall write on the back of the ballot the serial number of the challenged person corresponding to the number kept at the election on the registration or poll list, or other list maintained under s.
6.79, Stats. If lever or direct record voting machines are used in the municipality where the person is voting, the person's vote may be received only upon an absentee ballot furnished by the municipal clerk which shall have the corresponding serial number from the registration or poll list or other list maintained under s.
6.79, Stats., written on the back of the ballot before the ballot is deposited. The inspectors shall indicate on the voter list the reason for the challenge. The challenged ballots shall be counted under ss.
5.85 or
7.51 (2) (c), Stats.
ELBD 9.04 CHALLENGING THE ABSENT ELECTOR
The vote of any absent elector may be challenged for cause and the inspectors shall have all the power and authority given them to hear and determine the legality of the ballot the same as if the ballot had been voted in person. One of the inspectors shall administer the following oath or affirmation of veracity to the elector challenging the absentee elector's ballot: “You do solemnly swear (or affirm) that you will fully and truthfully answer all questions put to you regarding the challenged person's place of residence and qualifications as an elector of this election"; and shall ask the challenger if he or she is an elector and then shall ask only those questions provided in s.
9.01 (2) of this chapter which are appropriate to test the qualifications of the challenged elector.
ELBD 9.05 RECORDING THE CHALLENGE
The inspectors shall make a written record of all challenges at the polling place, whether or not a ballot is issued to the challenged elector. The written record shall contain the name and address of the challenger; the name, address and serial number of the challenged elector; the cause for the challenge; the questions asked of the elector and the elector's responses to those questions. The written record shall also contain the questions asked of the challenger; the challenger's responses to those questions and whether or not the challenge was withdrawn. The record shall note whether or not the challenged elector took the oath or affirmation of eligibility.
ELBD 9.06 REVIEW BY A BOARD OF CANVASSERS
The municipal board of canvassers may decide any challenge when making its canvass under s.
7.53, Stats. If the returns are reported under s.
7.60, Stats., a challenge may be reviewed by the county board of canvassers. If the returns are reported under s.
7.70, Stats., a challenge may be reviewed by the chairperson of the board or the chairperson's designee. The decision of any board of canvassers or of the chairperson or chairperson's designee may be appealed under s.
9.01, Stats. The standard for disqualification specified in s.
6.325, Stats., shall be used to determine the validity of challenged ballots.
Initial Regulatory Flexibility Analysis
The creation of this rule does not affect business.
Fiscal Estimate
The creation of this rule has no fiscal effect.
Contact Persons
George A. Dunst
Legal Counsel, State Elections Board
132 E. Wilson St., P. O. Box 2973
Madison, WI 53701-2973; Phone 266-0136
Notice of Proposed Rule
NOTICE IS HEREBY GIVEN that pursuant to ss.
5.05 (1) (f) and
227.11 (2) (a), Stats., and interpreting ss.
11.21 (2),
11.21 (9),
11.21 (16),
11.31 (6) and
20.510 (1) (i), Stats., and according to the procedure set forth in s.
227.16 (2) (e), Stats., the State of Wisconsin Elections Board will adopt the following rules as proposed in this notice without public hearing unless within 30 days after publication of this notice, the Elections Board is petitioned for a public hearing by 25 persons who will be affected by the rule; by a municipality which will be affected by the rule; or by an association which is representative of a farm, labor, business, or professional group which will be affected by the rule.
Analysis Prepared by the State Elections Board
This amended rule interprets ss. 11. 21 (2), 11.21 (9), 11.21 (16), 11.31 (6) and 20.510 (1) (i), Stats. The rule provides standards for those registrants who are required to file campaign finance reports in electronic format and those registrants who may elect to file campaign finance reports in electronic format. The current rule requires the registrant to use software designated by the Elections Board or software that meets the Board's specifications for a standard file format. The amendment to the rule, by limiting the term “electronic format," requires specified registrants to file campaign finance reports in one of three specified formats that are commercially available -- a computer data file created using Access or Excel software or software that produces a delimited text file.
SECTION 1. ElBd 6.05 is amended to read:
ELBD 6.05 FILING CAMPAIGN FINANCE REPORTS IN ELECTRONIC FORMAT
(1) Definitions: As used in this rule
(c) “Electronic format" means computer diskette, modem, or other means of electronic transfer, a computer data file created using Access or Excel software designated by the board or software that meets the board's specifications for a standard file format produces a delimited text file.
(2)
Beginning with any campaign finance report filed on or after July 1, 1999, aAny registrant who files with the state elections board and who accepts contributions or makes disbursements in a total amount or value of $20,000 or more during a campaign period shall file each campaign finance report that is required to be filed by ch.
11, Stats., in an electronic format.
(5) If a A registrant
uses its own software to file electronically, it must shall submit a trial report to the board before the end of the report period to determine if the software can generate a report is in a format that
is compatible with meets the board's campaign finance data base requirements set out in this rule.
Initial Regulatory Flexibility Analysis
The creation of this rule does not affect business.
Fiscal Estimate
The creation of this rule has no fiscal effect.
Contact Person
George A. Dunst
Legal Counsel, State Elections Board
132 E. Wilson Street, P.O. Box 2973
Madison, Wisconsin 53701-2973; Phone 266-0136
Notice of Hearing
Transportation
NOTICE IS HEREBY GIVEN that pursuant to ss.
110.07,
110.075,
194.38,
194.43 and
227.11, Stats., and interpreting ss.
110.07 and
110.075, and ch.
194, Stats., the Department of Transportation will hold a public hearing in Room 551 of the Hill Farms State Transportation Building, 4802 Sheboygan Avenue, Madison, WI on the
9th day of July, 2002, at 9:00 a.m. to consider the amendment of ch.
Trans 327, Wis. Adm. Code, relating to motor carrier safety requirements.
An interpreter for the hearing impaired will be available on request for this hearing. Please make reservations for a hearing interpreter at least 10 days prior to the hearing.
The public record on this proposed rule making will be held open until close of business the day of the hearing, to permit the submission of written comments from persons unable to attend the public hearing or who wish to supplement testimony offered at the hearing. Any such comments should be submitted to Charles Teasdale, Department of Transportation, Division of State Patrol, Room 551, P. O. Box 7912, Madison, WI 53707-7912.
Parking for persons with disabilities and an accessible entrance are available on the north and south sides of the Hill Farms State Transportation Building.
Analysis Prepared by the Wisconsin Department of Transportation
This rule making will amend ch.
Trans 327, relating to intrastate motor carrier safety regulations, to bring it into compliance with the most recent changes to the Federal Motor Carrier Safety Regulations in effect on November 1, 2002. Amendment of this rule will assure State Patrol inspectors and troopers are enforcing the most recent Federal Motor Carrier Safety regulations for intrastate carriers. The update of this rule will also keep the Department in compliance to qualify for continued Motor Carrier Safety Assistance Program (MCSAP) funding.
Fiscal Estimate
The Department estimates that there will be no fiscal impact on the liabilities or revenues of any county, city, village, town, school district, vocational, technical and adult education district or sewerage district. The Department estimates that there will be no fiscal impact on state revenues or liabilities.
Initial Regulatory Flexibility Analysis
This proposed rule will have minimal adverse impact on small businesses.
Copies of Rule and Contact Person
Copies of the proposed rule may be obtained upon request, without cost, by writing to Charles Teasdale, Division of State Patrol, P. O. Box 7912, Room 551, Madison, WI 53707-7912, or by calling (608) 264-9963. Alternate formats of the proposed rule will be provided to individuals at their request.
Notice of Hearing
Transportation
NOTICE IS HEREBY GIVEN that pursuant to ss.
85.16(1) and
348.07 (4), Stats., interpreting s.
348.07(4), Stats., the Department of Transportation will hold a public hearing at the following location to consider the amendment of ch.
Trans 276, Wis. Adm. Code, relating to allowing the operation of double bottoms and certain other vehicles on certain specified highways.
The public hearing will be held as follows:
July 5, 2002 @ 9:00 a.m.
Hill Farms State Transportation Building
4802 Sheboygan Avenue
Room 419
Madison, WI
(Parking is available for persons with disabilities)
The public record on this proposed rule making will be held open until close of business on the date of the hearing to permit the submission of written comments from persons unable to attend the public hearing or who wish to supplement testimony offered at the hearing. Any such written comments should be submitted to Ashwani K. Sharma, Traffic Operations Engineer, Bureau of Highway Operations, Room 501, P. O. Box 7986, Madison, Wisconsin, 53707-7986.
Analysis Prepared by the Wisconsin Department of Transportation
General Summary of Proposed Rule. This proposed rule amends Trans 276.07 (5) to (7), (21) and (24), Wis. Adm. Code, to add six segments of highway to the designated highway system established under s.
348.07 (4), Stats., and to remove one segment of highway. The actual highway segments that this proposed rule adds to the designated highway system are:
Hwy. From To
STH 121 USH 53 in Pigeon Falls STH 95
STH 164 I-43 STH 36
STH 20 STH 36 I-94
STH 28 STH 57 STH 32
STH 28 STH 32/Sheboygan Falls I-43 in Sheboygan
STH 28 USH 45 in Kewaskum STH 144 S. of Boltonville
The segment proposed to be removed from the designated long truck route network is:
Hwy. From To
STH 32 STH 28 STH 23
The long trucks to which this proposed rule applies are those with 53-foot semitrailers, double bottoms and the vehicles which may legally operate on the federal National Network, but which exceed Wisconsin's regular limits on overall length. Generally, no person may operate any of the following vehicles on Wisconsin's highways without a permit: A single vehicle with an overall length in excess of 40 feet , a combination of vehicles with an overall length in excess of 65 feet, a semitrailer longer than 48 feet, an automobile haulaway longer than 66 feet plus allowed overhangs, or a double bottom. Certain exceptions are provided under s.
348.07 (2), Stats., which implements provisions of the federal Surface Transportation Assistance Act in Wis.
The effect of this proposed rule will be to extend the provisions of s.
348.07 (2) (f),
(fm),
(gm) and
(gr), and s.
348.08 (1) (e), Stats., to the highway segments listed above. As a result, vehicles which may legally operate on the federal National Network in Wisconsin will also be allowed to operate on the newly-designated highways. Specifically, this means there will be no overall length limitation for a tractor-semitrailer combination, a double bottom or an automobile haulaway on the affected highway segments. There also will be no length limitation for a truck tractor or road tractor when operated in a tractor-semitrailer combination or as part of a double bottom or an automobile haulaway. Double bottoms will be allowed to operate on the affected highway segments provided neither trailer is longer than 28 feet, 6 inches. Semitrailers up to 53 feet long may also be operated on these highway segments provided the kingpin to rear axle distance does not exceed 43 feet. This distance is measured from the kingpin to the center of the rear axle or, if the semitrailer has a tandem axle, to a point midway between the first and last axles of the tandem. Otherwise, semitrailers, including semitrailers which are part of an automobile haulaway, are limited to 48 feet in length.
These vehicles and combinations are also allowed to operate on undesignated highways for a distance of 5 miles or less from the designated highway in order to reach fuel, food, maintenance, repair, rest, staging, terminal or vehicle assembly or points of loading or unloading.
Fiscal Estimate
The Department estimates that there will be no fiscal impact on the liabilities or revenues of any county, city, village, town, school district, technical college district or sewerage district.
Initial Regulatory Flexibility Analysis
Initial Regulatory Flexibility Analysis. The provisions of this proposed rule adding highway segments to the designated system have no direct adverse effect on small businesses, and may have a favorable effect on those small businesses which are shippers or carriers using the newly-designated routes.
Copies of Rule and Contact Person
Copies of this proposed rule are available without cost upon request to the office of the State Traffic Engineer, P. O. Box 7986, Room 501, Madison, Wisconsin, 53707-7986, telephone (608) 266-1273. For questions about this rule making, please call Ashwani Sharma, Traffic Operations Engineer at (608) 266-1273. Alternate formats of the proposed rule will be provided to individuals at their request.
Notice of Hearing
Transportation
NOTICE IS HEREBY GIVEN that pursuant to ss.
30.12 (4),
84.01 (2) and
(5),
84.03 (9) (a) and
(10),
84.06 (1) and
(2) (b),
85.02,
85.075,
85.16 (1),
85.19 (1),
86.07 (2),
86.25 (2),
86.32,
114.31 (7) and
227.11 (2), Stats., and interpreting ss.
30.12 (4),
84.01 (2) and
(5),
84.013 (1),
84.03 (9) (a) and
(10),
84.06 (1) and
(2) (b),
85.02,
85.075,
85.095 (1) (b),
85.16 (1),
85.19 (1),
86.07 (2),
86.25 (2),
86.31 (1) (b),
86.32,
114.31 (7),
227.11 (2) and
283.01 (20), Stats., the Department of Transportation will hold a public hearing in Room 421 of the Hill Farms State Transportation Building, 4802 Sheboygan Avenue, Madison, Wisconsin on the
12th day of July, 2002, at 10:00 a.m., to consider the amendment of ch.
Trans 401, Wis. Adm. Code, relating to construction site erosion control and storm water management procedures for department actions.
An interpreter for the hearing impaired will be available on request for this hearing. Please make reservations for a hearing interpreter at least 10 days prior to the hearing.
The public record on this proposed rule making will be held open until close of business July 19, 2002, to permit the submission of written comments from persons unable to attend the public hearing or who wish to supplement testimony offered at the hearing. Any such comments should be submitted to Dan Scudder, Department of Transportation, Bureau of Environment, Room 451, P. O. Box 7965, Madison, WI 53707-7965.
Parking for persons with disabilities and an accessible entrance are available on the north and south sides of the Hill Farms State Transportation Building.
Analysis Prepared by the Wisconsin Department of Transportation
STATUTORY AUTHORITY: ss.
30.12 (4),
84.01 (2) and
(5),
84.03 (9) (a) and
(10),
84.06 (1) and
(2) (b),
85.02,
85.075,
85.16 (1),
85.19 (1),
86.07 (2),
86.25 (2),
86.32,
114.31 (7) and
227.11 (2), Stats.
STATUTES INTERPRETED: ss.
30.12 (4),
84.01 (2) and
(5),
84.013 (1),
84.03 (9) (a) and
(10),
84.06 (1) and
(2) (b),
85.02,
85.075,
85.095 (1) (b),
85.16 (1),
85.19 (1),
86.07 (2),
86.25 (2),
86.31 (1) (b),
86.32,
114.31 (7),
227.11 (2) and
283.01 (20), Stats.
General Summary of Proposed Rule. Currently, statutes require the Department of Transportation (“DOT") to establish standards for the control of soil erosion related to highway and bridge construction that is paid with state or federal funds. The statutes also exempt transportation facility projects directed and supervised by DOT (including highway, airport, harbor, and railroad projects) from numerous environmental prohibitions, and from permit or approval requirements administered by the department of natural resources (“DNR"), if DOT coordinates the exempted project with DNR through interdepartmental cooperation.
This revised ch.
Trans 401 is an integral part of a series of administrative rules and interdepartmental cooperation coordinated with DNR to strengthen Wisconsin's nonpoint source water pollution abatement programs and related water regulations. The changes to ch.
Trans 401 are intended to protect the environment from nonpoint source water pollution originating from transportation facility construction and operation at least as effectively as the nonpoint source water pollution abatement programs and related water regulations proposed by DNR (principally proposed ch.
NR 151). This coordination of rules is intended to provide equal protection to the environment by prescribing similar practices for transportation projects undertaken by the state under regulation of this ch.
Trans 401 and for transportation projects undertaken by local units of government under regulation of proposed ch.
NR 151.
This rule revises construction site erosion control and storm water management for transportation facility projects directed and supervised by DOT. The rule also creates new “post-construction" performance standards for storm water management. More specifically, the rule (which applies only to projects directed and supervised by DOT) does all of the following:
1. Standardizes the use of devices and practices to control erosion and stormwater runoff (“best management practices" or “BMPs"). The rule accepts BMPs as tested and proven effective when applied to specified site conditions. The standards are the same as those required under proposed ch.
NR151, and may be amended only jointly with DNR. Exceptions to the standards require site-specific justification.
2. Maintains the existing scheme of erosion control plans and erosion control implementation plans. DOT prepares an erosion control plan for the project site as part of a project's design. The prime contractor supplements that plan with an erosion control implementation plan (“ECIP"), which reflects borrow sites, material disposal sites and construction methods chosen by the prime contractor. DOT reviews and approves the prime contractor's ECIP in consultation with DNR. The prime contractor implements the ECIP during construction, and DOT routinely inspects the project sites to verify the BMPs' effectiveness at protecting the environment. The prime contractor must take corrective action ordered by DOT and must amend an ECIP if the BMPs are ineffective.
3. Standardizes site inspections, site inspection reporting, and corrective action orders. The rule makes the site inspection process integral to preventing environmental harm by predicating liability for discharges of pollution upon the site inspections and corrective action orders. The rule formalizes communications between DOT and the prime contractor, and resolves minor inconsistencies between DOT's standard contract specifications and ch.
Trans 401. The rule details the process of ordering corrective action found during site inspections to be necessary, and the process of responding to such orders.
4. Clarifies liability for environmental harm caused by discharges of pollution from transportation facility projects. The rule specifies that the prime contractor is liable only if the prime contractor has failed to perform as required in the contract documents and if the failure was a substantial contributing factor in causing, failing to prevent, or worsening the discharge. Whenever the prime contractor has fully performed as required, or where any failure to perform was not a substantial contributing factor, DOT will pay as a project expense all costs associated with the discharge.
5. Creates post-construction standards for stormwater management similar to those in proposed ch.
NR 151. These post-construction provisions include requirements to do all of the following: avoid building transportation facilities near surface waters and to provide vegetated buffer areas where such building is unavoidable; reduce peak stormwater discharge rates from transportation facilities, and the total suspended solids carried in such runoff; encourage infiltration of runoff from transportation facilities into groundwater; reduce the amount of petroleum carried within runoff from fueling and vehicle maintenance areas; and encourage the use of vegetated swales (a low tract of land adjacent to a transportation facility) for the conveyance runoff and the removal of pollutants from runoff.
6. Establishes deadlines and standards for reducing the total suspended solids in runoff from transportation facilities located in developed urban areas. The rule requires DOT to educate DOT staff and other maintenance officials regarding nutrient, pesticide, salt and other deicing material and vehicle maintenance management activities in order to prevent runoff pollution of waters of the state.
7. Addresses utility facility projects undertaken within transportation rights-of-way. The rule harmonizes ch.
Trans 401 with DOT's utility accommodation policy and with the DOT-DNR interdepartmental liaison agreement.
Fiscal Estimate
The Department estimates that there will be an annual fiscal impact on state liabilities of between $4.4 and $6.5 million. The Department estimates that there will be no fiscal impact on the liabilities or revenues of any county, city, village, town, school district, vocational, technical and adult education district, sewerage district, or federally-recognized tribes or bands.
Initial Regulatory Flexibility Analysis
This proposed rule will have no adverse impact on small businesses.
Copies of Rule and Contact Person
Copies of the rule may be obtained upon request, without cost, by writing to Dan Scudder, Department of Transportation, Bureau of Environment, Room 451, P. O. Box 7965, Madison, WI 53707-7965, or by calling (608) 267-3615. Hearing-impaired individuals may contact the Department using TDD (608) 266-3096. Alternate formats of the proposed rule will be provided to individuals at their request.
