In response to the JCRAR motion, the Department will hold public hearings to solicit input on whether floodproofing costs should be excluded from the definition of structural repairs and modifications and not be counted against the 50% limit which is imposed on nonconforming structures.
Statutory authority
Staff time required
Approximately 80 hours will be needed by the Department.
Natural Resources
Subject
Section
NR 140.10, Wis. Adm. Code, public health groundwater quality standards for arsenic.
Policy analysis
Amendments are being proposed to Wisconsin Administrative Code ch.
NR 140, Groundwater Quality to revise state groundwater quality standards for arsenic. Ch.
NR 140, Wis. Adm. Code, establishes Wisconsin state groundwater quality standards for both substances of public health concern and for substances of public welfare concern. Arsenic is a NR 140 substance of public health concern.
Chapter
NR 140, was adopted by the Natural Resources Board in 1985 to comply with Wisconsin Statute ch.
160. Chapter
160, Stats., was created in May of 1984, as part of the
1983 Wisconsin Act 410 (The Groundwater Bill), and requires the Department to develop groundwater quality standards for substances detected in, or having a reasonable probability of entering, the groundwater resources of the state.
The existing state groundwater quality standards for arsenic are, a preventive action limit (PAL) of 5 mg/L, and an enforcement standard (ES) of 50 mg/L. The federal drinking water maximum contaminant level (MCL) for arsenic has recently been reduced from 50 mg/L to 10 mg/L. Chapter
160, Stats., requires that federal numbers be considered in establishing state groundwater quality standards. The Department has therefore requested that the Department of Health and Family Services review the new federal MCL for arsenic and make recommendations for revisions to existing NR 140 groundwater quality standards for this substance.
State groundwater quality standards apply to all regulated facilities, practices and activities which may impact groundwater quality. Revisions to state groundwater quality standards for arsenic may impact groundwater clean-up actions at facilities, practices, and activities where this substance is a contaminant of concern.
Statutory authority
Staff time required
Approximately 462 hours will be needed by the Department.
Natural Resources
Subject
Section
NR 404.04 pertaining to ambient air quality standards.
Policy analysis
National Ambient Air Quality Standards are established by USEPA for criteria pollutants. USEPA is required to periodically review these standards to see if they are sufficient to be protective of public health. These ambient air quality standards are incorporated into the Wisconsin Administrative Code in NR 404.04.
USEPA has established new ambient air quality standards for an 8-hour ozone concentration and for fine particulate matter (PM2.5). USEPA has also revised the precision of the standards for sulfur oxides and nitrogen dioxide.
Statutory authority
Staff time required
The Department will need approximately 115 hours.
Natural Resources
Subject
Arsenic in Drinking Water - Need to begin work to adopt arsenic regulation into the State Safe Drinking Water code Chapter
NR 809.
Policy analysis
The Federal Arsenic Rule sets a revised standard for arsenic in drinking water. The old standard of 50 parts per billion (ppb) has been revised downward to 10 ppb. All community and nontransient noncommunity water systems must meet the new standard by January of 2006. WDNR was originally required to adopt the rule by December 2002. We are requesting an extension from USEPA to adopt the rule not later than December 2004. As such, we need to begin work on the rule now to ensure we meet the extended rule adoption deadline date of December 2004.
Statutory authority
Staff time required
Approximately 176 hours will be needed by the Department.
Transportation
Subject
Objective of the rule. Chs.
Trans 175,
176 and
177 deal with the statutory requirement of certain businesses to have operating authority, file sample forms and file proof of liability insurance with the Wisconsin Department of Transportation. Due to industry changes since deregulation, computer evolution, on-line access and changes within the Single State Registration System, amendments to chs.
Trans 175,
176 and
177 are necessary. The proposed rule making would reflect these changes. The Department may decide to combine these three chapters into one chapter.
Policy analysis
Several changes are needed to eliminate obsolete references or outdated or archaic language.
Several changes are needed to recognize changed business processes which have occurred over the past several years. These include updating references to methods of filing, and communication between carrier and the Department, to eliminate methods that are no longer used and to add electronic method; and clarifying when a carrier is “inactive" for purposes of record retention.
Several changes clarify Department policy. These include clarifying which carriers are covered by these requirements; clarifying the difference between a company name change and a sale of the company for purposes of authority transfer; clarifying terms so that definitions are consistent with other Department motor carrier programs; clarifying time periods for submission of documents; clarifying the difference between having and having on file; and clarifying certain required lease provisions.
Statutory authority
Chapters
121—Subch. IV, 194, 227—Subch. II, 340, 341 and 344, Stats.
Staff time required
Approximately 120 hours.
Transportation
Subject
Objective of the rule. This rule making will amend ch.
Trans 139, relating to motor vehicle trade practices, by revising the disclosure requirements regarding dealership service fees.
Trans 139 permits licensed Wisconsin motor vehicle dealers to charge customers a reasonable fee for services performed related to compliance with state and federal laws, verifications and public safety. Dealers must also justify the fee that they are charging, and disclose this fee to consumers.
Service fee disclosures currently required by ch.
Trans 139 include:
• Service fee amount on the Dealer Supplemental Price Label for new cars
• Service fee amount and prescribed disclaimer language to the effect of “This is not a government fee…" on the Motor Vehicle Purchase Contract, Pre-lease Agreement and Lease Order Form
Additional service fee disclosure required by DOT policy statement.
The proposed rule change will codify the requirement to disclose service fee amount on the WI Buyers Guide. It will also create an alternative form for disclosing the service fee amount on a new car, in those instances where the Dealer Supplemental Price Label would not otherwise be needed on the vehicle, except to disclose a service fee.
The policy alternatives are to increase the disclosure requirements for service fees, or to maintain the rule in its current form. Revising the disclosure requirements will provide a more efficient disclosure alternative for those dealerships that choose to implement a service fee.
Statutory authority
Staff time required
Approximately 40 hours.
Transportation
Subject
Objective of the rule. This rule making will amend that portion of ch.
Trans 305 relating to inspections and titling of homemade and replica vehicles, and ch.
Trans 149 pertaining to inspections of rebuilt salvage vehicles.
2001 Wis. Act 109 amended s.
341.268, Stats., to exclude motorcycles from the definition of “replica" vehicle. After October 1, 2002, all motorcycles built by individuals or by unlicensed manufacturers must be titled as “homemade" vehicles. This rule making will clarify what type of inspection will be required before a homemade vehicle, including a motorcycle may be registered and will reduce the number of receipts needed to document the source of parts used in constructing a homemade motorcycle or repairing a salvage motorcycle at the time of inspection.
Policy analysis
Current law allows only homemade vehicles and vehicles that replicate a vehicle 20 or more model years old to qualify for “hobbyist" registration plates. Amended statutory language eliminates the “replica" definition for motorcycles and expands the “homemade" definition to include motorcycles that reproduce a vehicle originally made by another manufacturer. Existing Division of Motor Vehicle titling policies will be changed to conform to the statutory definitions and applicable forms will be changed to provide for issuance of “hobbyist" plates only to “homemade" motorcycles that reproduce vehicles originally made by another manufacturer where the vehicle reproduced is 20 or more model years old. A homemade motorcycle of any age which does not resemble any previously manufactured vehicle will continue to qualify for hobbyist plates.
Current policies require that all homemade vehicles be inspected. Because
2001 Wis. Act 109 amended the definition of “homemade vehicle" to include motorcycles previously titled as replica vehicles, all motorcycles built by individuals or non-licensed manufacturers and titled after October 1, 2002 must be inspected by an inspector trained and authorized under s.
342.07, Stats. It is proposed that chs.
Trans 149 and
305 be amended to clarify that inspections of homemade vehicles, including motorcycles, are to be conducted in the same manner as inspections of repaired salvage vehicles. Currently, if a salvage motor vehicle is inspected under ch.
Trans 149, the owner pays an $80.00 inspection fee. The inspections for homemade vehicles will have no fee since there is no statutory provision for charging a fee. It is further proposed to amend ch.
Trans 149 to provide that the requirement for receipts for motorcycle parts be raised from the current $50.00 to $150.00 in order to capture information on major part purchases and to eliminate receipts for minor, non-essential motorcycle parts.
Chapter
Trans 305 will be amended to make it consistent with the statutory changes to the definition of “replica" and “homemade" vehicles enacted by
2001 Wis. Act 109.
Statutory authority
Staff time required
100 hours.
