Rule-making notices
Notice of Hearing
Agriculture, Trade & Consumer Protection
Rules related to agricultural and household hazardous waste.
Collection (Clean Sweep) Grant Program.
The State of Wisconsin Department of Agriculture, Trade, and Consumer Protection (DATCP) announces that it will hold a public hearing on a rule which will consolidate Wisconsin's agricultural and urban “clean sweep" grant programs. Since the early 1990s, DATCP has collected unwanted agricultural pesticides and chemicals under ch.
ATCP 34, Wis. Administrative Code. In 2003, the Household Hazardous Waste Collection Grant program was transferred from the Department of Natural Resources to DATCP. The proposed rule revision will allow DATCP to consolidate and efficiently manage both programs.
DATCP will hold one public hearing at the time and place shown below. DATCP invites the public to attend the hearing and comment on the proposed rule. Following the public hearing, the hearing record will remain open until Friday, June 11, 2004 for additional written comments.
You may obtain a free copy of this rule by contacting the Wisconsin Department Agriculture, Trade, and Consumer Protection, Division of Agricultural Resource Management, 2811 Agriculture Drive, Madison, WI 53708-8911, or by calling 608-224-4545. Copies will also be available at the public hearing.
Hearing impaired persons may request an interpreter for these hearings. Please make reservations for a hearing interpreter by Thursday, May 27, 2004 by writing to Kris Gordon, Division of Agricultural Resource Management, 2811 Agriculture Drive, Madison, WI 53708-8911, telephone 608-224-4509. Alternatively, you may contact the DATCP TDD at 608-224-5058. Handicap access is available at the hearings.
Hearing Location:
Thursday, June 3, 2004, 1 p.m. to 5 p.m.
Prairie Oak State Office Building
2811 Agriculture Drive
Board Room
Madison, WI 53708
Handicapped accessible
Analysis Prepared by the Department of Agriculture, Trade & Consumer Protection
This rule consolidates the agricultural “clean sweep" program under s.
93.55, Stats., and the urban “clean sweep" program under s.
93.57, Stats., and establishes standards and procedures for the consolidated program. DATCP provides grants to local governments for “clean sweep" programs to collect and safely dispose of waste agricultural and household chemicals.
Background
The Department of Agriculture, Trade and Consumer Protection (“DATCP") currently administers an agricultural chemical and container collection program (agricultural "clean sweep" program). This program is designed to collect and safely dispose of waste pesticides and agricultural chemicals, including chemical containers. DATCP may provide grants to counties to operate agricultural “clean sweep" events (s.
93.55, Stats.). DATCP has adopted agricultural “clean sweep" rules under ch.
ATCP 34, Wis. Adm. Code.
Until recently, the Department of Natural Resources (“DNR") administered a similar but smaller urban “clean sweep" program for household hazardous waste. The biennial budget act (
2003 Wis. Act 33) transferred the urban “clean sweep" program from DNR to DATCP, and consolidated funding for the urban and agricultural programs. DATCP may provide grants to counties
or municipalities to establish urban “clean sweep" events (s.
93.57, Stats.).
DATCP must operate the urban “clean sweep" program under DNR rules until DATCP adopts its own rules for the program (see
2003 Wis. Act 33,
nonstatutory provisions). DATCP has general authority to adopt rules for programs that DATCP administers (see s.
93.07(1), Stats.) This rule consolidates the agricultural and urban “clean sweep" programs, and establishes standards and procedures for the consolidated program.
Rule Content
This rule repeals and recreates DATCP's current “clean sweep" rules under ch.
ATCP 34, Wis. Adm. Code. This rule does all of the following:
•It consolidates the urban and agricultural “clean sweep" programs, and creates standards and procedures for the consolidated program.
•It provides target levels of funding for agricultural and urban “clean sweep" grants that are consistent with pre-consolidation funding levels, but provides greater flexibility to move unused funds between programs to maximize overall “clean sweep" benefits.
•It streamlines and clarifies “clean sweep" grant procedures, including procedures for grant applications, grant awards and contracts.
• It facilitates cost-effective cooperation between counties and municipalities.
•It updates minimum standards for urban and agricultural “clean sweep" projects.
“Clean Sweep" Grants; General
Under s.
93.55, Stats., and this rule, DATCP may award an agricultural “clean sweep" grant to a county (or group of counties). The county may use the grant to collect waste agricultural chemicals from farmers and from certain businesses that qualify as “very small quantity generators" (these businesses must pay a share of their collection costs).
Under s.
93.57, Stats., and this rule, DATCP may award an urban “clean sweep" grant to a county
or municipality (or to a group of counties or municipalities). A county may combine an urban “clean sweep" with an agricultural “clean sweep."
Eligible Costs
A “clean sweep" grant may reimburse direct “clean sweep" project costs, including:
•Direct costs to hire a hazardous waste contractor to receive, pack, transport and dispose of chemical waste.
•Direct costs for equipment rentals, supplies and services to operate the collection site and handle collected chemical waste.
•Direct costs for county or municipal staff to receive and pack chemical waste at a “continuous collection event" that lasts 4 or more days.
•Direct costs for local educational and promotional activities related to the “clean sweep" project.
A grant recipient must fund a portion of the “clean sweep" project costs. DATCP, in its annual call for grant applications, must specify a local cost-share contribution that is at least 25% of project costs.
Grant Application Procedures
If funding is available, DATCP will issue an annual written announcement soliciting “clean sweep" grant applications from counties and municipalities. The notice will specify the following, among other things:
•The total funding available, including separate amounts available for agricultural and urban “clean sweep" grants. Subject to available appropriations, the department will offer at least $400,000 for agricultural “clean sweeps" and $200,000 for urban “clean sweeps" (consistent with pre-consolidation funding levels). Unused funds in either category may be used in the other category.
•The purposes for which grant funds may be used.
•Grant eligibility criteria, including the required local cost-share contribution.
•Grant evaluation criteria.
•Grant application deadlines and procedures.
Grant Applications
A grant application must include the following, among other things:
•The purpose and scope of the proposed “clean sweep" project.
•The proposed collection dates, times, locations, facilities and procedures.
•Whether the project will collect farm chemical waste or hazardous household waste, or both.
•The types and amounts of waste that the applicant expects to collect.
•The proposed hazardous waste contractor.
•The fees, if any, that the applicant proposes to charge to persons delivering waste materials for disposal (a grant recipient may not charge a farmer for the first 200 lbs. of farm chemical waste delivered to an agricultural “clean sweep" event).
•The public information program that will accompany the project.
•The project budget, and the nature and amount of the applicant's proposed contribution.
Evaluating Grant Applications
DATCP must review each grant application to determine whether it meets minimum eligibility requirements. DATCP must then rank each year's eligible grant applications. DATCP may consider the following criteria, among others:
•The types of chemical wastes to be collected.
•The extent of intergovernmental coordination, including coordination with other counties or municipalities.
•The convenience of the proposed collection services.
• The scope and quality of public information and promotional programs that will accompany the project.
•The applicant's capacity to carry out the project.
•The safety and suitability of project facilities and procedures.
•The overall quality of the project, including likely cost -effectiveness and impact.
Grant Award and Contract
DATCP must announce grant awards within 60 business days after the grant application deadline, based on DATCP's ranking of grant applications. DATCP must enter into a contract with each grant recipient, specifying the terms and conditions of the grant.
A grant recipient must take responsibility, as the “hazardous waste generator" under state and federal law, for managing hazardous wastes that the grant recipient collects (there are limited exceptions). The grant recipient must contract with a qualified hazardous waste contractor to receive, pack, transport and dispose of the hazardous waste. The hazardous waste contractor must attend training sponsored by DATCP. For a “clean sweep" project that lasts less than 4 days, the grant recipient must contract with the hazardous waste contractor who manages the State of Wisconsin's hazardous wastes.
Grants are contingent on funding appropriations. If appropriations are not adequate to fund all of the grants awarded, DATCP may cancel grant contracts or reduce grant amounts. Funds allocated but not used for agricultural “clean sweeps" may be reallocated to urban “clean sweeps" and vice versa.
Reports and Payments
A grant recipient must provide DATCP with a final report within 60 days after completing a funded “clean sweep" project. DATCP will not make any grant payment until it receives the final report, except that DATCP may make interim payments for a continuous collection event that lasts 4 days or more (the grant recipient must file interim reports). DATCP will make final payment within 60 days after DATCP accepts the grant recipient's final report.
A grant recipient's final report must indicate the number of participants, types and amounts of waste collected, total cost of the project (including supporting documentation), an evaluation of the project and related pubic information program, and an estimate of types and amounts of wastes yet to be collected.
Contract Termination for Cause
DATCP may terminate a grant contract, or withhold contract payments, if the grant recipient violates DATCP rules or the grant contract, fails to perform the “clean sweep" project, obtains the grant contract by fraud, or engages in illegal or grossly negligent practices. The grant recipient may demand a hearing on DATCP's action.
Business Impact
This rule will have a positive impact on farmers, and on businesses that qualify as “very small quantity generators" of waste pesticides. These may include businesses such as lawn care companies, structural and aerial applicators, golf courses, agricultural chemical dealers, hardware stores, discount stores, marinas, parks, cemeteries, and construction companies.
This rule implements the statewide “clean sweep" program which helps these persons dispose of waste chemicals at little or no cost. Businesses that deliver pesticide wastes must pay a portion of the collection and disposal costs. Farmers may deliver up to 200 lbs. of farm chemical waste without charge (local governments may impose a charge for larger amounts). The safe removal of chemical waste from farm and business locations also reduces health and environmental hazards, and related financial liability.
Many of the beneficiaries of this rule are small businesses. This rule will have no adverse effect on large or small businesses.
Fiscal Impact
This rule will have no fiscal impact on DATCP or local units of government. The Legislature has already created a state “clean sweep" grant program and provided funding for that program. This rule will not increase or decrease the amount of available funding. This rule merely spells out standards and procedures for the distribution of state “clean sweep" grants and the operation of “clean sweep" programs by grant recipients. Local government participation in the “clean sweep" program is entirely voluntary. This rule will not affect DATCP costs to administer the “clean sweep" program.
Environmental Assessment
This rule will have no adverse environmental impact. This rule will streamline and clarify the state “clean sweep" program, which has a positive impact on the environment, public health and the economy of the state.
Federal Programs
This rule implements a grant program for local government collection of waste chemicals. State and federal laws regulate hazardous waste management, but there are no federal laws related to “clean sweep" grant programs. This rule is consistent with state and federal laws on hazardous waste management.
Surrounding State Programs
All surrounding states have state-local cooperative programs to collect household hazardous wastes and certain farm chemicals, but programs vary widely from state to state.
•Michigan. The Michigan Department of Environmental Quality funds 15 permanent household waste collection sites. The Michigan Department of Agriculture uses federal grants, when available, to support agricultural pesticide collections at these household sites.
•Illinois. The Illinois Environmental Protection Agency provides grants for household collections. The Illinois Department of Agriculture typically sponsors two multi-county agricultural events each year.
•Iowa. The Iowa Department of Natural Resources provides start-up grants for local permanent collection facilities, and sponsors Toxic Clean Days that provide collection of both agricultural pesticides and household hazardous wastes.
•Minnesota. Minnesota's law recently changed. Under the revised law, Minnesota's Pollution Control Agency provides funding for 64 permanent household hazardous wastes sites. Minnesota's Department of Agriculture can fund agricultural pesticide collections through any of these local sites that seek funding for those collections.
Notice of Hearing
Commerce
NOTICE IS HEREBY GIVEN that pursuant to ss.
101.02 (1) and
101.121, Stats., the Department of Commerce will hold a public hearing on proposed rules relating to historic and existing buildings.
The public hearing will be held as follows:
Date and Time:
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Location:
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Monday, June 7, 2004
Starting at 10:00 a.m.
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Thompson Commerce Center Third Floor, Room 3C
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201 W. Washington Avenue
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Madison, Wisconsin
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Interested persons are invited to appear at the hearing 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
June 18, 2004 to permit submittal of written comments from persons who are unable to attend the hearing or who wish to supplement testimony offered at the hearing. Written comments should be submitted to Diane Meredith, at the Department of Commerce, P.O. Box 2689, Madison, WI 53701-2689, or Email at
dmeredith@commerce.state.wi.us.
This hearing is held in accessible facility. 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 a request from a person with a disability.
Analysis Prepared by the Department of Commerce
General Summary
Under sections
101.02 (1) and
(15), Stats., the Department has authority to protect public health, safety, and welfare, at public buildings and places of employment, by promulgating and enforcing requirements for construction and maintenance of those facilities.
Under section
101.121, Stats., the Department also has the responsibility to develop reasonable rules for the preservation and restoration of buildings designated as historic buildings. Owners of qualified historic buildings that are altered or changed in occupancy may choose to follow the compliance alternatives established under Comm 70 in lieu of strict compliance with chapters Comm 61 to 65, which is the
Wisconsin Commercial Building Code (WCBC).
Currently, the Department adopts by reference the suite of International Codes as the base building construction rules under chapters Comm 61 to 65. The purpose of the rule modifications in chapter Comm 70 and the creation of rules under chapter Comm 62 is to improve the consistency of application of the construction requirements to historic buildings with the application of the WCBC to non-historic buildings, and to update the existing technical requirements relating to historic buildings.
The energy conservation requirements are reprinted in this rule package but there are no substantive changes proposed to these energy rules. Therefore, it is determined these rules are an environmental type III action, which does not require the preparation of an environmental analysis.
Detailed Summary
Although the entire chapter Comm 70 would be repealed and recreated under this proposal, many of the current requirements and provisions would not change. The reason for reprinting the entire chapter is to have all of the technical requirements available for reference to those requirements being changed, and to modify the format and terminology for consistency with other codes.
The following are the major changes contained in the revised chapters Comm 62 and 70:
1. Require a review of IBC chapter 9 for the installation of automatic sprinkler systems when an existing building is changed to include a Group A-2–assembly occupancy. This requirement will ensure consistent application of the sprinkler requirements for both historic and existing buildings and structures. [Comm 62.0903 (1m)]
2. Require automatic sprinkler systems, standpipes, and elevator controls for emergency recall and in-car operation that comply with the applicable requirements in the IBC for an existing building or portion of an existing building, when an existing building greater than 60 feet in height is changed to include a Group R-1–transient-type residential or R-2–permanent-type residential occupancy. These requirements will ensure consistent application of the sprinkler requirements for both historic and existing buildings and structures. [Comm 62.0903 (1m) (b), Comm 62.0905 and Comm 62.3001 (4)]
3. Clarify the application and election requirements of Comm 70 relating to the repair, alteration, or change of occupancy to a qualified historic building. [Comm 70.03 (2)]
4. Modify the administration and enforcement requirements by cross-referencing ch.
Comm 61 for consistency in application. [Comm 70, subchapter II]
5. Eliminate duplicative terms and definitions relating to repair, alteration, and change of occupancy. Terms deleted include restored, preserved, reconstituted and reproduced. [Comm 70.17]
6. Clarify the requirements under Comm 70.22 (1) by evaluating only the number of stories to the prevailing code. The height of the building as specified in the prevailing code under IBC Table 503 will not be evaluated. Also, modify Table 70.22-1 relating to number of stories by clarifying the numerical value of zero (0) means the building is at the maximum number of stories under the prevailing code. [Comm 70.22 (1) and Table 70.22-1]
7. Modify the title of Table 70.22-4 to attic draftstopping and compartmentalization and the title of Table 70.22-5 to fireblocking, which are consistent with comparable terminology and requirements in the IBC. [Table 70.22-4 and Table 70.22-5]
8. Eliminate the sentence under Comm 70.22 (5) relating to fireblocking and draftstopping in existing walls and create a new section relating to fireblocking. [Comm 70.36]
9. Eliminate the footnote under Table 70.22-6, which states where a 3-hour separation is required and a 4-hour separation is provided the maximum numerical value is zero. Suggest that a numerical value of +2 be assigned when an increase of at least 1-hour fire-resistive rating increase is provided above that required in the prevailing code. [Table 70.22-6]
10. Clarify that the single numerical value for shaft enclosures is to be accumulative using the worst case conditions for all the openings. [Comm 70.22 (7)]
11. Modify Comm 70.22 (8) to require the existing HVAC system to be evaluated in accordance with the prevailing code for fire and smoke dampers and use conditions similar to the International Existing Building Code® (IEBC). The existing duct system is to be evaluated under Table 70.22-7 for vertical shaft requirements. [Tables 70.22-7 and 70.22-8]
12. Include new conditions under Table 70.22-11 relating to smoke control systems. The conditions would state that smoke control systems and operable windows required and provided in accordance with the prevailing code would receive a numerical value of zero (0). [Table 70.22-11]
13. Clarify that the emergency power requirement under Table 70.22-15 relates to illumination emergency power. [Table 70.22-15]
14. Revise the requirements under Table 70.22-16 to be closer to the conditions listed under the IEBC for elevator controls and to modify the numerical values. [Table 70.22-16]
15. Modify the sprinkler requirements by using terminology and values consistent with the IBC, eliminating the footnotes relating to partial sprinklers, and altering the values for the sprinkler table based on values from other Tables. [Table 70.22-17]
16. Consolidate all the separate subchapters relating to structural, accessibility, energy, mechanical and electric under the specific requirements under subchapter V relating to miscellaneous building requirements.
17. Group all of the means of egress requirements under one code section and modify them for consistency with the application of the IBC to non-historic buildings and also to the exemptions specified under the IEBC for historic buildings, including transom windows in corridors. [Comm 70.30]
18. Include specific requirements for high-rise buildings that are converted to R-residential occupancies. The new requirements state that sprinklers and standpipes are required in all the work areas, which is defined as the area of all reconfigured spaces, and specify that elevators serving the work areas are to be provided with Phase I and Phase II operations complying with chapter Comm 18. [Comm 70.34]
19. Revise the structural requirements to be consistent with the minimum requirements for non-historic buildings. [Comm 70.38 and 70.39]
20. Create Comm 70.41 that requires the protection of penetrations in fire-resistive assemblies created by electrical and mechanical systems. [Comm 70.41]
Federal Comparisons
An Internet-based search for “historic building code regulations" in the Code of Federal Regulations (CFR) did not identify any existing or proposed federal regulations establishing building construction standards to protect public safety and welfare for historic buildings that are altered or changed in occupancy. However, it did identify the following existing federal regulations that address the preservation of historic buildings for tax relief and incentives:
•36 CFR 67–
Historic Preservation Certifications Pursuant to Sec. 48(g) and Sec. 170(h) of the Internal Revenue Code of 1986. Under t:
•36 CFR 68–
The Secretary of the Interior Standards for the Treatment of Historic Properties.
An Internet-based search for the referenced federal regulations of the 2003 and 2004 issues of the Federal Register did not identify any proposed changes to these regulations relating to the preservation of historic buildings.
State Comparisons
An internet-based search of adjacent states' codes resulted in the following codes that establish building construction requirements relating to alteration and change of occupancy of historic buildings:
•Minnesota incorporates by reference the 2000 edition of the Guidelines for the Rehabilitation of Existing Buildings as published by the International Conference of Building Officials, Whittier, California. It appears these rules may be an earlier version of the International Existing Building Code® (IEBC), which covers similar safety construction topic areas to those covered under Comm 70. Both the IEBC and Comm 70 are based upon the requirements in the International Building Code® (IBC).
• Under Michigan's Rehabilitation Code for Existing Buildings the 2003 edition of the IEBC is incorporated by reference. The IEBC covers similar safety construction topic areas to those covered under Comm 70, and both the IEBC and Comm 70 are based upon the requirements in the IBC.
• Iowa incorporates by reference the 1994 edition of the Uniform Building Code (UBC), as the State Building Code. Under the Iowa State Building Code, repairs, alterations and additions to historic buildings may be made without conformance to the UBC, only when authorized by those municipalities exercising jurisdiction. The UBC is a precursor to the IBC.
•Illinois does not have a statewide building code covering historic buildings. In Illinois enactment of building codes is at the local municipal level.
Council Members and Representation
The proposed rules were developed with the assistance of the Historic Building Code Advisory Council. The members of that citizen advisory council are as follows:
Name Representing
Bruce Johnson Wisconsin Builders Association
Steve Gleisner City of Milwaukee Fire Department
Charles Quagliana AIA-Wisconsin
Chris Rute Milwaukee Historic Preservation
Commission
Jim Sewell Wisconsin Historical Society
Harry Sulzer City of Madison
David Vos Project Developers/Alexander
Company
Copies of Rule
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.wi.gov/SB/. Paper copies may be obtained without cost from Roberta Ward, at the Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689, or Email at
rward@commerce.state.wi.us, or at telephone (608) 266-8741 or (608) 264-8777 (TTY). Copies will also be available at the public hearing.
Environmental Assessment
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.
Initial Regulatory Flexibility Analysis
A small business located in or involved with an alteration to or involved with a change of occupancy in a qualified historic building or existing building may be affected by these rules. Owners of qualified historic buildings that are altered or changed in occupancy may choose to follow the compliance alternatives established under Ch.
Comm 70 in lieu of strict compliance with Chs.
Comm 61 to
65,
Wisconsin Commercial Building Code (WCBC). The primary reason for the rule change is to modify existing terminology for consistency with the
International Building Code
® (IBC), and to include specific safety requirements for certain qualified historic buildings or existing buildings that include a change to a Group A–assembly occupancy, Group R-1–transient-type residential occupancy or Group R-2–permanent-type residential occupancy. The impact on small businesses should be minimal.
Fiscal Estimate
The Safety and Buildings Division is responsible for administering and enforcing Chs.
Comm 62 and
70 as they relate to historic buildings and existing buildings. The proposed rules do not contain any changes in the Division's fees charged for administering and enforcing Chs.
Comm 62 and
70. Also, the proposed rules will not create any additional workload costs. Therefore, the proposed rules will not have any fiscal effect on the Division.
Notice of Hearing
Financial Institutions - Banking
NOTICE IS HEREBY GIVEN That pursuant to ss.
218.04 (7) (d) and
227.11 (2), Stats., and interpreting ss.
404.401 (1),
403.401 and
403.402, Stats., and s. DFI—Bkg 74.14 (11), Admin. Code, the Department of Financial Institutions, Division of Banking will hold a public hearing at Department of Financial Institutions, 345 W. Washington Avenue, 5
th Floor in the city of Madison, Wisconsin, on the
27th day of May, 2004, at 3:00 p.m. to consider the creation of a rule relating to authorization to collect a returned check fee.
Analysis Prepared by the Department of Financial Institutions, Division of Banking
Explanation of agency authority: Pursuant to ss.
218.04, and
220.02 (3) and
(4), Stats., the division regulates collection agencies.
Plain language analysis: The objective of the rule is to create s. DFI—Bkg 74.14 (16) and (17). The purpose of the rule is to prohibit as oppressive and deceptive practices the collection of returned check fees through an Automated Clearing House Network transaction or paper draft without proper authorization from the customer. The rule provides that, upon request by the division, the licensee shall provide documentation that it has the customer's authorization, and incorporates certain National Automated Clearing House Association standards.
Summary of and preliminary comparison with existing or proposed federal regulation: Federal regulations do not prohibit the authorizations proposed.
Comparison with rules in adjacent states: Similar rules do not exist in adjacent states.
Summary of factual data and analytical methodologies: The proposed rule is in response to a court determination that the department may set forth the requirements of proposed s. DFI—Bkg 74.14 (16) but must do so through the rules promulgation process. Because a licensee using the Automated Clearing House Network agrees to comply with the standards of the National Automated Clearing House Association by virtue of its participation in the network, the rule codifies an existing practice. Although there is statutory authority for s. DFI—Bkg 74.14 (17), because the court invalidated a policy letter containing both these requirements, the department formalizes the paper draft requirements in proposed s. DFI—Bkg 74.14 (17).
Analysis and supporting documentation used to determine effect on small business: Because the rule codifies existing practices and statutory requirements of which licensees should already be in compliance, the rule will not have an effect on small business.
Agency contact persons: For substantive questions on the rule: Michael J. Mach, Administrator, Department of Financial Institutions, Division of Banking, P.O. Box 7876, Madison, WI 53707-7876, tel. (608) 266-0451. For the agency's internal processing of the rule: Mark Schlei, Deputy General Counsel, Department of Financial Institutions, Office of the Secretary, P.O. Box 8861, Madison, WI 53708-8861, tel. (608) 267-1705.
Initial Regulatory Flexibility Analysis
The proposed rule will not have an effect on small businesses.
Fiscal Estimate
There is no state fiscal effect, and there are no local government costs. No funding sources or ch.
20 appropriations are affected. There are no long-range fiscal implications.
Contact Person
For a copy of the proposed rule and fiscal estimate, or to submit written comments regarding the proposed rule, contact Mark Schlei, Deputy General Counsel, Department of Financial Institutions, Office of the Secretary, P.O. Box 8861, Madison, WI 53708-8861, tel. (608) 267-1705. Written comments must be submitted prior to the public hearing. A copy of the proposed rule may also be obtained at the Department of Financial Institutions' website,
www.wdfi.org.
Notice of Hearing
Marriage and Family Therapy, Professional Counseling and Social Work Examining Board
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Marriage and Family Therapy, Professional Counseling and Social Work Examining Board in ss.
15.08 (5) (b) and
227.11 (2), Stats., and s.
457.03 (1), Stats., as amended by
2001 Wisconsin Act 80, and interpreting s.
457.02 (5m), Stats., as created by
2001 Wisconsin Act 80, the Marriage and Family Therapy, Professional Counseling and Social Work Examining Board will hold a public hearing at the time and place indicated below to consider an order to amend s.
MPSW 1.09; and to create s.
MPSW 1.09 (1) (b) to
(d) and
(2) to
(5), relating to alcohol and drug counseling.
Hearing Date, Time and Location
Date: June 9, 2004
Time: 8:30 a.m.
Location: 1400 East Washington Avenue
Room 179A
Madison, Wisconsin
Appearances at the Hearing
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Administrative Rules, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by June 9, 2004, to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing
A person credentialed by the Marriage and Family Therapy, Professional Counseling and Social Work Examining Board may practice and use the title “alcohol and drug counselor" or “chemical dependency counselor" if they are certified as an alcohol and drug counselor or a chemical dependency counselor through a process recognized by the Department of Health and Family Services. A person credentialed by the Marriage and Family Therapy, Professional Counseling and Social Work Examining Board who treats alcohol or substance dependency or abuse in a certified clinic under ch.
HFS 75 must hold a credential issued by the Wisconsin Certification Board.
In order to treat persons with a DSM diagnosis of substance dependence, to treat the substance dependence issues of a person with a dual diagnosis, to advertise themselves as an AODA specialist, or be identified in an employed position as an AODA specialist, a marriage and family therapist, professional counselor or social worker who is not credentialed by the Wisconsin Certification Board and who is working outside of a chapter HFS 75 clinic must satisfy the qualifications in s.
MPSW 1.09 (2). A credential holder may refer and continue to work with that client until the referral is completed. The credential holder may work with the non-AODA issues of the client that is being referred and may treat the client who is in recovery, following treatment for substance dependence.
The credential holder must show evidence of the qualifications that are authorized by the board to treat alcohol, substance dependence or abuse as a specialty.
The credential holder must satisfy all of the requirements that are administered by the Department of Health and Family Services or a designee pursuant to the interagency agreement reached with the Department of Regulation and Licensing upon verification of these requirements by the credential holder. The Marriage and Family Therapy, Professional Counseling and Social Work Examining Board notifies the credential holder and a record is kept at the Department of Regulation and Licensing that the credential holder has authority to treat alcohol or substance dependence or abuse as a specialty.
A list is provided of the categories of individuals that are qualified to provide face-to-face supervision, and authorizes practice under supervision by marriage and family therapists, professional counselors and social workers while obtaining the necessary experience.
Persons who treat alcohol, substance dependency or abuse as a specialty are required to obtain at least 10 continuing education hours in alcohol, substance dependency or abuse education during each biennial credentialing period. Up to 18 hours may be used against the required biennial continuing education for credential renewal.
Summary of and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule.
Experience: Three (3) years of full-time supervised experience or 6,000 hours of supervised experience as an alcoholism and/or drug abuse counselor.
Supervision: The supervision must be provided by a licensed or certified practitioner.
Education: Two-hundred seventy (270) contact hours of education and training in alcoholism, and/or drug abuse or related training. These hours can be in the form of formal education, in-service training, and professional development courses.
Continuing education: Requirement is at least 40-60 hours of continuing education units (CEU) during each two year period.
Testing: A passing score on a national test is a requirement. The test establishes a national standard that must be met to practice.
A comparison of similar rules in adjacent states.
Minnesota – Experience: Eight-hundred eighty (880) clock hours of supervised alcohol and drug counseling practicum. Education: An associate degree, or an equivalent number of credit hours, and a certificate in alcohol and drug counseling, including 18 semester credits or 270 clock hours of academic course work from an accredited school or educational program. Continuing education: N/A. Testing: Complete a written case presentation and satisfactorily pass an oral and written examination by the commissioner.
Iowa, Illinois and Michigan: A search produced no certification requirements.
The rule will require the department to develop a certification form and mail the form to qualified credential holders. The rule will require the department to keep a record of certifications.
This rule will have $4,346 impact on the department's operations.
Printing and distributing the rule changes will cost $500. Developing the certification form will take 15 hours of Program Manager time at $36 per hour including fringe, and 15 hours of Program Assistant time at $17 per hour including fringe, for total program staff time of $795.
Mailing each form will cost $.50, so if the department mails 500 forms the cost will be $250.
Changes to IT systems to record and track the certifications will cost 80 hours of programmer time at $35 per hour including fringe, for a total IT cost of $2,800.
Private Sector Fiscal Impact
The department has determined that this rule has no significant fiscal effect on the private sector.
Initial Regulatory Flexibility Analysis
These proposed rules will be reviewed to determine whether there will be an economic impact on a substantial number of small businesses, as defined in s.
227.114 (1) (a), Stats.
Copies of Rule and Contact Person
Copies of this proposed rule are available without cost upon request to: Pamela Haack, Department of Regulation and Licensing, Office of Administrative Rules, 1400 East Washington Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708 (608) 266-0495
Notice of Hearing
Public Defender
NOTICE IS HEREBY GIVEN that pursuant to s.
977.02 (4m) Stats., and interpreting s.
977.075 (1) Stats., the Office of the State Public Defender will hold a public hearing at 315 North Henry Street, 2
nd Floor, in the city of Madison, Wisconsin, on the
7th day of June 2004, from 1:00 p.m. to 3:00 p.m. to consider the amendment of a rules, ss.
PD 6.01,
6.02 (1),
6.025 (2) (a), related to the repayment of cost of legal representation. Reasonable accommodations will be made at the hearing for persons with disabilities.
Summary and Analysis by Agency
Prepared by: Kellie M. Krake and Arlene Banoul
Proposed Action:
• PD 6.01: increasing the fees for repayment and prepayment of legal representation by 20%
• PD 6.02 (1): specifying petitions for supervised release and discharge under Ch.
980 as commitment case types
• PD 6.025 (2) (a): deleting a finding of partial indigency as a method for determining ability to pay
Wis. Stat. sec. 977.075 requires that the state public defender board establish by rule a program for repayment of the cost of legal representation, including reimbursement and prepayment options. PD 6.01 and PD 6.02 (1) establish a payment schedule based on the type of case. Petition for supervised release and petition for discharge from commitment under the sexual predator law were not specifically listed in this schedule although these types of cases have been included under “commitment" since the law was enacted. Partial indigency determination had been used as a criterion for determination of ability to pay has been replaced by the collection statute.
In January 2002, the state public defender board authorized a statewide pilot program increasing reimbursement and prepayment amounts by 20% to continue until sufficient results were available to determine the fiscal effect. The chart below summarizes the revenue increase:
Fiscal Estimate
The fiscal effect of this pilot project has been to increase collections revenues by $302,000 biennially.
We do not anticipate the proposed rule change clarifying petitions for supervised release and discharge under Ch.
980 as commitment case types under the current payment schedule to have a fiscal impact because this proposed rule change reflects current practice.
We do not anticipate the proposed rule change deleting partial indigency as a method for determining ability to pay because this proposed rule change reflects current practice.
Initial Regulatory Flexibility Analysis:
The proposed amendment would not have a regulatory effect on small businesses.
Contact Person
For copies of the proposed amendment to the rules, or if you have questions, please contact Kellie M. Krake, Legal Counsel, 315 North Henry Street, Madison, WI 53703-3018; (608) 267-0299.
Written Comments
Written comments regarding this rule may be submitted in addition to or instead of verbal testimony at the public hearing. Such comments should be addressed to the contact person at the address stated above, and must be received by 5:00pm June 7, 2004.
Notice of Hearing
Public Instruction
NOTICE IS HEREBY GIVEN That pursuant to ss.
43.09 and
227.11 (2) (a), Stats., and interpreting s.
43.09, Stats., the Department of Public Instruction will a hold public hearing as follows to consider the amending of Chapter
PI 6, relating to public librarian certification.
The hearing will be held as follows:
Date, Time and Location
May 27, 2004, 10:00 a.m. to noon
Reference and Loan Library
109 South Stoughton Road
Madison
The hearing site is fully accessible to people with disabilities. If you require reasonable accommodation to access any meeting, please call Peg Branson, Continuing Education Consultant, Public Library Development Team, at (608) 266-2413 or leave a message with the Teletypewriter (TTY) at (608) 267-2427 at least 10 days prior to the hearing date. Reasonable accommodation includes materials prepared in an alternative format, as provided under the Americans with Disabilities Act.
Copies of Rule and Contact Person
The administrative rule and fiscal note are available on the internet at:
A copy of the proposed rule and the fiscal estimate also may be obtained by sending an email request to
lori.slauson@dpi.state.wi.us or by writing to:
Lori Slauson, Administrative Rules and Federal Grants Coordinator
Department of Public Instruction
125 South Webster Street
P.O. Box 7841
Madison, WI 53707
Written comments on the proposed rules received by Ms. Slauson at the above address no later than June 1, 2004, will be given the same consideration as testimony presented at the hearing. Comments submitted via email will not be accepted as formal testimony.
Analysis by the Department of Public Instruction
Section
43.09 (1), Stats., requires the Division for Libraries, Technology and Community Learning in the Department of Public Instruction to issue certificates to public librarians and promulgate, under ch.
227, Stats., necessary standards for public librarians. Section
43.09 (2), Stats., allows the department to promulgate rules regarding necessary standards for public library systems.
Comparison to Existing or Proposed Federal Regulations:
Not applicable.
Summary of Rule Modifications:
Subchapter
I of ch. PI 6, Wis. Admin. Code, pertains to public librarian certification and specifies certification requirements for administrators who serve in municipal, joint, and county public libraries with certain populations. The proposed rules:
Update public librarian certification requirements. The rules do not change the coursework required to receive Grade II or III certification, but change the timeframe and sequence in which the courses must be taken. The rules also allow four years of temporary certification for an individual to complete the courses needed to receive regular Grade II or III certification.
Eliminate references to obsolete language relating to certificates issued prior to or after January 1, 1995. This information was pertinent when the rules were modified effective January 1, 1995, but is no longer necessary.
The proposed rules will apply to individuals applying for Grade III regular certification and certification renewal and for individuals applying for Grade II and III temporary certification upon the effective date of this rule.
Summary of Factual Data and Analytical Methodologies:
During the fall of 2002 and spring of 2003, Division for Libraries, Technology, and Community Learning (DLTCL) staff worked with a Certification Study Committee to assess the library education and training required for the certification of directors of public libraries in Wisconsin, particularly those in small communities. The committee was composed of representatives of public library systems serving primarily small and rural public libraries and representatives of the Council on Library and Network Development (Wis. Stats. 43.07). The committee focused on the following question: What basic library management and other information is needed to enable new directors of small public libraries to serve their communities effectively and when do they need to have this information.
The Council on Library and Network Development, which has responsibility for making recommendations to the State Superintendent on standards for the certification of public librarians (Wis. Stats. 43.07(1)), endorsed the recommendations of the study committee for certification at its meeting on May 2, 2003. The Council asked DLTCL to seek additional input on the recommendations from the public library community prior to initiating the process for making administrative code rule changes. In response to that recommendation, DLTCL staff reviewed the recommendations for certification with a variety of public librarian and public library trustee groups throughout the summer and fall of 2003. In addition, the recommendations were published in the DLTCL newsletters and posted on the division's website, and DLTCL provided an information session at the Wisconsin Library Association annual conference in the fall of 2003.
Comparison of Similar Rules in Adjacent States:
Michigan, Iowa and Indiana have public librarian certification programs that are similar to Wisconsin's. Among the features of their certification programs are:
Certification of the directors of public libraries is required in all three states; Michigan also has staffing standards that require selected staff in libraries, in addition to the director, to be certified.
All of the certification programs have multiple levels of certification based on the populations of the communities served.
All of the certification programs require specified educational attainments and additional library courses based on grade level.
All of the certification programs require initial certification and recertification at specified time intervals.
The certification programs in Michigan and Iowa require that libraries have certified staff as a condition of receiving state funds.
Illinois doesn't have a state certification program; each public library system establishes its own rules for membership requirements. The certification program in Minnesota is voluntary for library employees.
Effect on Small Businesses:
The proposed rules will have no significant economic impact on small businesses, as defined in s.
227.114(1)(a), Stats.
Fiscal Estimate
The proposed rules will update public librarian certification requirements. The rules do not change the coursework required to receive Grade II or III certification, but change the timeframe and sequence in which the courses must be taken. The rules also allow four years of temporary certification for an individual to complete the courses needed to receive regular certification.
It is assumed the proposed rules will have no fiscal impact on libraries, school districts, the department or small businesses.
Initial Regulatory Flexibility Analysis
The proposed rules are not anticipated to have a fiscal effect on small businesses as defined under s.
227.114 (1) (a), Stats.
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 chapter Trans 276, Wisconsin Administrative Code, relating to allowing the operation of double bottoms and certain other vehicles on certain specified highways:
June 1, 2004 at 11:30 a.m.
WisDOT District #3
944 Vanderperren Way
Conference Room #4
Green Bay, 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, or via e-mail:
ashwani.sharma@dot.state.wi.us
Analysis Prepared by the Wisconsin Department of Transportation
General Summary of Proposed Rule
In the Surface Transportation Assistance Act of 1982 (STAA), the federal government acted under the Commerce clause of the United States Constitution to provide uniform standards on vehicle length applicable in all states. The length provisions of STAA apply to truck tractor-semitrailer combinations and to truck tractor-semitrailer-trailer combinations. (See Jan. 6, 1983, Public Law 97-424, § 411) The uniform standards provide that:
• No state shall impose a limit of less than 48 feet on a semitrailer operating in a truck tractor-semitrailer combination.
•No state shall impose a length limit of less than 28 feet on any semitrailer or trailer operating in a truck tractor-semitrailer-trailer combination.
•No state may limit the length of truck tractors.
•No state shall impose an overall length limitation on commercial vehicles operating in truck tractor-semitrailer or truck tractor-semitrailer-trailer combinations.
•No state shall prohibit operation of truck tractor-semitrailer-trailer combinations.
The vehicles authorized by the STAA may operate on the national system of interstate and defense highways and on those federal aid primary highways designated by regulation of the secretary of the United States Department of Transportation. In 1984 the USDOT adopted
23 CFR Part 658 which in Appendix A lists the highways in each state upon which STAA authorized vehicles may operate. Collectively these highways are known as the National Network. In
1983 Wisconsin Act 78, the legislature enacted §
348.07(4), Stats., which directs the Wisconsin Department of Transportation to adopt a rule designating the highways in Wisconsin on which STAA authorized vehicles may be operated consistent with federal regulations.
The Department of Transportation first adopted ch.
Trans 276 of the Wisconsin Administrative Code in December of 1984. The rule is consistent with
23 CFR Part 658 in that the Wisconsin rule designates all of the highways in Wisconsin that are listed in
23 CFR Part 658 as part of the National Network for STAA authorized vehicles. The federal regulation does not prohibit states from allowing operation of STAA authorized vehicles on additional state highways. The rule making authority granted to the Wisconsin Department of Transportation in s.
348.07 (4), Stats., allows the DOT to add routes in Wisconsin consistent with public safety. The rule making process also provides a mechanism to review requests from businesses and shipping firms for access to the designated highway system for points of origin and delivery beyond 5 miles from a designated route. A process to review and respond to requests for reasonable access is required by
23 CFR Part 658.
This proposed rule amends s.
Trans 276.07 (7) and
(22), Wisconsin Administrative Code, to add two segments of highway to the designated highway system established under s.
348.07 (4), Stats. The actual highway segments that this proposed rule adds to the designated highway system are:
Hwy. From To
STH 139 STH 70 Long Lake
STH 32 Laona STH 64
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 Wisconsin.
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 Impact
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. The Department estimates that there will be no fiscal impact on state or private sector revenues or liabilities.
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, or via e-mail:
ashwani.sharma@dot.state.wi.us. 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.
_____________________
1 The proposed rule text often achieves these objectives by consolidating individual segments into contiguous segments with new end points. In order to determine the actual highway segment added, it is necessary to compare the combined old designations with the combined new designation.
2 45-foot buses are allowed on the National Network and Interstate system by Federal law. Section 4006(b) of the Intermodal Surface Transportation Efficiency Act of 1991.
