•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.
