Scope statements
Commerce
Subject
Objective of the rule. The objective of this rule revision, incorporated into one or more rule packages in chapter Comm 5 and other associated/related chapters, is to address at least the following subjects:
a) Establish requirements for completion of an approved course for persons with a master plumber-restricted appliance license and who install or modify multipurpose piping systems.
b) Evaluate and possibly incorporate requirements for the responsibilities for a registered automatic fire sprinkler system tester.
c) Evaluate and possibly incorporate requirements for continuing education for a registered automatic fire sprinkler system tester.
d) Create requirements for the licensure of manufactured home installers.
e) Evaluate and revise license, certification and registration rules as needed to coordinate with other revised codes or programs.
f) Evaluate and possibly incorporate requirements for the registration of inspection agencies.
Policy analysis
Under chapter Comm 5, master plumbers who are responsible for the installation of a multipurpose piping system are required to complete an educational course on the system installation. An oversight did not impose a similar requirement on a person with a master plumber-restricted appliance license who may also install and work on multipurpose piping systems.
Chapter
Comm 5 currently does not specify any responsibilities or continuing education requirements for registered automatic fire sprinkler system testers. This code project will evaluate the current activities being performed by registered automatic fire sprinkler system testers and study the possible need for continuing education for renewal of the tester registration.
The Department currently does not have any requirements applying to installers of manufactured homes in Wisconsin. In response to recent federal legislation and as a State Administrating Agency (SAA), Wisconsin must develop standards for the installation of manufactured homes, including regulations covering the training and licensing of installers of the homes.
Statutory authority
Sections
101.02 (1) and
(15) (h) to
(j), and
145.14, Stats. Title
42 USC section 5404 requires the federal Department of Housing and Urban Development (HUD) to establish and implement a manufactured home installation program, including the training and licensing of manufactured home installers. HUD's program will be implemented in states that do not have their own qualifying installation program. If Wisconsin remains an SAA, the Department must have a qualifying installation program.
Staff time required
The Department estimates that it will take approximately 200 hours to develop this rule. This time includes meeting with affected industry groups, then drafting the rule and processing the rule through public hearings, legislative review and adoption. The Department will assign existing staff to develop the rule. There are no other resources necessary to develop the rule.
Comparison to federal regulations
There are no existing or proposed federal regulations that address the activities to be regulated by the rules applying to a master plumber-restricted appliance or an automatic fire sprinkler system tester.
There are no existing or proposed federal regulations that address the licensure of manufactured home installers. In the March 10, 2003, Federal Register, the Department of Housing and Urban Development (HUD) published an advanced notice of proposed rulemaking relating to the manufactured housing installation program. This notice requested public comments on the licensure of manufactured home installers. An advisory committee is working with HUD to develop draft model standards that HUD may adopt. After review of the model standards, HUD will publish the standards as proposed federal regulations in the Federal Register. State installation standards must provide protection that equals or exceeds the protection provided by the federal regulations enforced by HUD for its national program.
Commerce
Subject
Objective of the rule. The objective of the rule is to update chapter Comm 16 – Electrical Code, including the adoption by reference of the 2005 National Electrical Code (NEC) published by the National Fire Protection Association (NFPA) as NFPA standard No. 70. The rule may also address administration issues related to fees for electrical inspection.
Policy analysis
The state electrical code has adopted the NEC by reference since 1972. Currently, the 2002 edition of the NEC is adopted in chapter Comm 16. This rule project will update the state code to the 2005 edition of the NEC, while evaluating the electrical requirements in chapter Comm 16 that add to and modify the requirements in the NEC. This rule project will also review the electrical inspection requirements in chapter Comm 16.
The alternative of not updating chapter Comm 16 would result in the state electrical code not being up-to-date with current nationally recognized standards for the design, installation and operation of electrical conductors and equipment in all buildings and structures.
Statutory authority
Staff time required
The department estimates that it will take approximately 400 hours to develop this rule. This time includes re-forming and meeting with an advisory council, then drafting the rule and processing the rule through public hearings, legislative review and adoption. The department will assign existing staff to develop the rule. There are no other resources necessary to develop the rule.
Description of all of the entities that will be affected by the rule
The rule will affect any building or structure in which the installation of electrical wiring will be undertaken. The rule will also affect any designer, installer or inspector of electrical wiring.
Comparison to federal regulations
There are several existing federal regulations that relate to the installation of electrical wiring and equipment. Some of these regulations require compliance with various editions of the National Electrical Code (NEC). An Internet-based search of the Code of Federal Regulations (CFR) found the following existing federal regulations relating to the activities to be regulated by the rule.
Title
7 CFR Part 1755 – Telecommunications Standards and Specifications for Materials, Equipment and Construction. This regulation in the Department of Agriculture applies to telecommunication wiring and equipment, and requires compliance with the 1993 NEC.
Title
24 CFR Part 3280 – Manufactured Home Construction and Safety Standards. This regulation in the Department of Housing and Urban Development covers electrical systems in manufactured homes, and requires compliance with the 1993 NEC.
Title
29 CFR Part 1910 – Occupational Safety and Health Standards. Subpart S of this regulation in the Department of Labor contains detailed electrical safety requirements that are necessary for the practical safeguarding of employees in their workplaces.
Title
29 CFR Part 1926 – Safety and Health Regulations for Construction. Subpart K of this regulation in the Department of Labor contains detailed electrical safety requirements that are necessary for the practical safeguarding of employees involved in construction work.
Title
30 CFR Part 57 – Safety and Health Standards –- Underground Metal and Nonmetal Mines. Subpart K of this regulation in the Department of Labor contains specific electrical safety requirements for the protection of employees working in underground metal and nonmetal mines.
Title
30 CFR Part 75 – Mandatory Safety and Health Standards –- Underground Coal Mines. Subpart F of this regulation in the Department of Labor contains specific electrical safety requirements for the protection of employees working in underground coal mines.
An Internet-based search of the 2003 and 2004 issues of the
Federal Register found a proposed rule action relating to electrical standards in the April 5, 2004 register. The Occupational Safety and Health Administration in the Department of Labor is proposing to revise the general industry electrical installation standard found in Subpart S of
29 CFR part 1910. The requirements in the revised standard draw heavily from the 2002 edition of the NEC.
Commerce
Subject
Objective of the rule. Under s.
101.1205, Stats., the Department of Commerce is to establish statewide standards for erosion control at building sites for the construction of public buildings and places of employment. Under s.
101.653, Stats., the Department of Commerce is to establish standards for erosion control at building sites for the construction of one- and 2-family dwellings.
Both the United States Environmental Protection Agency and the Wisconsin Department of Natural Resources have recently revised standards that affect erosion control for construction projects disturbing one acre or more. The purpose of revising chapters Comm 60 and Comm 20 and 21 is to coordinate and revise Commerce erosion control standards in light of these other agencies' updates.
Policy analysis
Chapters
Comm 61 to
65, Wisconsin Commercial Building Code, contain the Department's requirements for the design, construction, maintenance, and inspection of public buildings and places of employment. The code includes minimal erosion control requirements for sites that disturb 5 or more acres of land at a commercial building construction site. The rules require the development and the implementation of erosion control plans for such sites.
The erosion control rules under chapters Comm 20-21 for one- and 2-family dwellings were adopted in 1992 and have not been revised since 1997.
The only feasible alternative at this point in time would be a temporary delay in the rule-making process. A delay would potentially place building owners in a state of confusion with standards of various agencies that are not coordinated.
Statutory authority
Staff time required
The Department estimates approximately 300 hours will be needed to develop the rule revisions. This time includes drafting the revisions – in consultation with the Uniform Dwelling Code Council, the Multifamily Dwelling Code Council and the Commercial Building Code Council – and processing the changes through public hearings, legislative review, and adoption. The Department will assign existing staff to develop the rule revisions. Other than reimbursement of incidental transportation and meal expenses for some of the council members, no additional resources will be needed.
Description of all of the entities that will be affected by the rule.
The proposed rules would affect any person or entity that is involved with a land-disturbing activity under taken in conjunction with the construction of any of the following:
• A new one- or 2-family dwelling.
•A modification to an existing one- or 2-family dwelling the initial construction that was started on or after June 1, 1980.
•A new commercial building that serves as a public building or place of employment.
•A modification to an existing commercial building.
Comparison to federal regulations
Under the Federal Clean Water Act the Environmental Protection Agency has established erosion control regulations,
40 CFR Parts 9,
122,
123 and
124, for land disturbing activities involving one or more acres at construction sites. The regulations establish a permitting process under the National Pollutant Discharge Elimination System, NPDES, that may be implemented by state jurisdictions. The regulations require the design, implementation and maintenance of best management practices to improve water quality by reducing pollutants in storm water runoff.
The Department of Natural Resources under ch.
NR 216 implements the EPA permitting process mandate in Wisconsin. Under s.
NR 216.42 (3), the Department of Natural Resources recognizes commercial building construction falling under Department of Commerce rules as complying with the Wisconsin Pollutant Discharge Elimination System permitting. That recognition in turns helps to achieve the state's implementation of the EPA permitting process for construction site erosion control.
Insurance
Subject
Objective of the rule. The proposed rule will revise the OCI rules relating to Medicare supplement, Medicare select, Medicare cost, Medicare replacement, Medicare advantage and Medicare + choice plans to reflect the revisions and requirements under federal law enacted by the Medicare Improvement and Modernization Act of 2003 (HR1).
Policy analysis
The current rules reflect the requirements of federal law as contained in the NAIC models. The revised rules will reflect the changes made by Congress when it adopted HR1 and the revisions made to the NAIC models to reflect those changes. These changes may include removing any prescription drug benefit contained in current and future Medicare supplement coverages after December 31, 2005, in most instances and creating 2 federally-specified Medicare supplement and Medicare select plans with higher cost-sharing provisions than under current plans.
Statutory authority
Staff time required
300 hours.
Comparison to federal regulations
There is no federal regulation that addresses the activities regulated by this rule.
Insurance
Subject
Objective of the rule. The proposed rule will bring the administrative requirements in compliance with the modifications made to ch.
609, Wis. Stats., by enactment of
2001 Wisconsin Act 16. Modifications are proposed to treat the varying types of health benefit and health care plans in a manner that reflects the unique nature of the insurance product. Modifications will also include consumer protection requirements necessary to ensure minimum access to participating providers for insurance plans marketed as comprehensive health insurance.
Policy analysis
The existing administrative code reflects prior statutory law that may be inconsistent with statutory requirements. The proposed rule will incorporate appropriate oversight of all types of health insurance including requirements that reflect the nature of each product. The Office will establish minimum requirements for access and benefit coverage.
There is no viable alternative to establishing by rule the requirements for these health insurance products. The statutory framework contained within ch.
609 and s.
632.85, Wis. Stats., raise the issues that the proposed rule will address.
Statutory authority
Staff time required
200 hours.
Comparison to federal regulations
The Office is unaware of any proposed or existing federal regulation that is intended to address the activities to be regulated by this proposed rule.
Public Service Commission
Subject
The proposed rule will revise provisions in chs.
PSC 111 and
112 to specify information to be included in an electric utility construction as a result of statutory changes enacted in
2003 Wisconsin Act 89. Specifically, the rules will include provisions to revise the information needed in a utility application for authority to construct an electric transmission line that may be eligible for expedited review under Wis. Stat. s.
196.491 (3b), and information needed in electric construction applications to demonstrate how transmission line siting priorities were considered and how brownfield sites were considered for electric generation projects.
Policy analysis
Objective of the rule. Wisconsin Statutes §
196.491(3b)(b), created by
2003 Wisconsin Act 89, directs the Commission to promulgate rules to specify information to be included in an application to construct a high-voltage transmission line that may be eligible for expedited review by the Commission. To be eligible for expedited review, the construction is limited to adding conductors to existing transmission poles or towers and all related construction activity is to take place in the area of an existing electric transmission line right-of-way.
The Commission currently has detailed rules describing the information to be included in an application for authority to construct electric transmission lines in ch.
PSC 111 of the Wisconsin Administrative Code. This rulemaking docket may revise provisions in that chapter and in ch.
PSC 112, as necessary to reflect the new expedited procedure. The application information should be sufficient to allow the Commission to make a completeness determination and to also determine if the expedited review process should apply.
Act 89 creates new priorities for siting electric transmission lines This rulemaking may revise rules that describe the application information required from a utility to demonstrate compliance with the siting priorities in Wis. Stat. s.
1.12 (6). Act 89 also requires utilities to consider using brownfield sites to the extent practicable for siting new electric generation construction projects. This rulemaking may revise rules that describe the application information required from a utility to demonstrate compliance with this siting consideration required under Wis. Stat. ss.
196.49 (4) and
196.491 (3) (d) 8.
Additionally, this rulemaking will consider other revisions to rules relating to the application process to reflect Act 89 provisions. For example, rule revisions may reflect information needed by the Commission to do a joint environmental review with the Department of Natural Resources and may also reflect terminology or other changes enacted in Act 89.
In summary, Act 89 revised several statutory provisions relating to utility construction projects and agency review of the applications for authority to proceed with utility construction projects. This rulemaking will revise administrative rules relating to electric construction applications to reflect the revised statutes.
Statutory Authority
Staff time required
The Commission estimates less than 200 hours of staff time will be required to develop these rules. No additional resources are likely to be needed in order to complete this project.
