Scope statements
Commerce
Subject
Chapter
Comm 2, relating to boiler program fees.
Objective of the rule. To adjust the boiler program fees so that the revenues collected will cover the department's administration and enforcement costs, and private contractor's costs for inspections conducted on behalf of the department.
Policy analysis
Section
101.19, Stats., requires the department to fix and collect fees by rule which shall, as closely as possible, equal the cost of providing services such as plan examination, inspections, and certification of inspectors. The Department's fees for the boiler program inspection services are contained in chapter Comm 2. The last revision to these fees was initiated in 1999 and went into effect in 2000. At that time, the boiler inspection fees were set at levels that did not cover the cost of providing the inspection services. Fees for permits to operate were set at levels that would allow underwriting of the boiler inspection services provided by the department. This underwriting discourages private contractors from providing the inspections because by contract they cannot charge more than the artificially low inspection fees charged by the department.
This code project will analyze lowering the permit to operate fees and increasing the inspection fees so that both the department's costs and private contractor's costs are covered.
The alternative of not adjusting the boiler program fees will result in the loss of private contractors performing boiler inspections because they cannot recover their actual costs of providing the inspections.
Entities affected by the rule
The rule will affect any entity that owns an object that receives an inspection and a permit to operate under the boiler program. The rule will also affect a private contractor that currently provides, or that proposes to provide, boiler program inspections.
Comparison with federal requirements
There is no existing or proposed federal regulation that addresses the activities to be regulated by the rule.
Statutory authority
Staff time required
The department estimates that it will take approximately 100 hours to develop this rule. This time includes research and analysis in preparing a fiscal estimate, 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.
Marriage and Family Therapy, Professional Counseling and Social Work Examining Board
Subject
Amendment of rules of the Marriage and Family Therapy, Professional Counseling, and Social Work Examining Board to reflect the transfer of credentialing authority of substance abuse counselors, clinical supervisors and prevention specialists (“substance abuse professionals") from the Department of Health and Family Services to the Department of Regulation and Licensing. The amendment will change cross references to Wis. Admin. Code ch 75 regarding certification of substance abuse professionals to certification by the Department.
Policy analysis
The amendment of administrative rules of the MPSW Board relating to certification as substance abuse professionals is necessary to implement newly created Subchapter VII of chapter 440 of the Wisconsin Statutes pursuant to
2005 Wisconsin Act 25 §§ 2337am.
Statutory authority
Comparison with federal requirements
There is no existing or proposed federal regulation that is intended to address the activities to be regulated by the rule.
Entities affected by the rule
County community substance abuse prevention and treatment services programs, clinics, hospitals and other providers of alcohol and other drug abuse counseling.
Staff time required
Total hours: 25.
Natural Resources
Subject
Regulation of student fees for hunter education.
Objective of the rule. Instructors would be allowed to charge students a fee and to keep up to 50% (or up to $5) of that fee to offset expenses. The remainder of the fee (at least $5) is to be returned to the department. The department is now required to develop administrative code before the fee can be implemented. Meanwhile, the funding to reimburse instructors has been eliminated. This is a time sensitive issue, as we have many classes going on currently.
Policy analysis
This rule will create a fee of $10 for all of the hunter education courses. It also requires instructors to return any part of the fee not used for expenses in providing the courses.
Comparison with federal requirements
None
Statutory authority
Language in the recent Budget Bill changed the statutes requiring the Department to promulgate a rule establishing a fee. The new statutory language is listed below.
29.591 (3) Instruction fee. The department
shall promulgate a rule establishing a fee for the course of instruction under the hunter education program and the bow hunter education program. If the department offers an advanced hunter education course or an advanced bow hunter education course, the rule may authorize the department to charge an additional fee for those courses. The instructor conducting a course under this subsection shall collect the instruction fee from each person who receives instruction. The instructor may retain up to $5 for each person who receives instruction from that instructor for allowable costs of instruction, as determined by the department. The instructor shall remit the remainder of the fee, or if nothing is retained, the entire fee, to the department.
Staff time required
This rule requires immediate attention to address the matter of instructor expenses to provide the basic hunter and bowhunter education courses.
Authorization to proceed to public hearing is also requested for the permanent rule.
Natural Resources
Subject
Chapter
NR 108, relating to plan submittal requirements for sewerage systems and water supply systems.
Objective of the rule. The Bureaus of Watershed and Drinking Water and Groundwater both have plan review programs for sewerage and water supply systems per s.
281.41, Statutes. The Records Retention/Disposition Authorizations (RDAs) for both programs classify plan review files as permanent records. These records are of use and are made available to Department staff and to the general public.
In the past, plan review files have been stored in microfiche format but an investigation has now been initiated to assess converting to electronic file storage. In conjunction with this effort it is desirable to investigate possible NR 108 revisions that would give the Department the discretion to require plan submittals in an electronic format or other media or format.
Groups affected would primarily be municipal entities and consulting firms. Plan submittals may also come from private entities that own sewerage or water systems. The Department intends to survey municipalities and consulting firms with regard to their preferences, costs and capabilities with regard to providing electronic plan submittals.
Policy analysis
The policy change to be evaluated is changing from microfiche to electronic records. The Bureaus believe it may be cost-effective to make this change and that electronic records would provide benefits in terms of records accessibility and possible integration with computer databases or web-based systems.
Comparison with federal requirements
Proposal conforms with federal regulations.
Statutory authority
Staff time required
Total staff time is estimated to be 144 hours.
Natural Resources
Subject
Chapter
NR 135, relating to regulation of nonmetallic mining reclamation.
Policy analysis
The proposed rule changes would modify existing procedures regarding administration of the nonmetallic mining reclamation program as implemented through Chapter
NR 135, Wis. Adm. Code.
Chapter
NR 135, Wis. Adm. Code, has been in effect since December 2000. In that time, all required counties and numerous local units of government have successfully begun implementation of nonmetallic mining reclamation programs as provided by statute. As a result of nearly five years of experience gained in administration of the program, the need for refinement of certain procedures and clarification of existing language has become apparent. These rule changes will address those needs as well as remove “start-up" language from the rule that is no longer applicable.
A significant rule change concerns the timing of submittal of annual reports and fees and also the basis of the amount of the fees. Currently operators must pay fees to the regulatory authority on or before December 31st of each year. The amount of the fee is based on a projection of unreclaimed acres that will exist at the end of the following year. In addition, shortly after the end of each calendar year, operators are required to submit an annual report documenting the actual unreclaimed acreage that exists at the end of that year. The need for two separate submittals and projection of unreclaimed acres has led to confusion on the part of operators and regulatory authorities. Modifying the procedures so that only one submittal is required and basing the fees on actual unreclaimed acreage at the end of a calendar should help to clarify the situation.
Potentially significant changes involve review and possible modification of the requirements related to financial assurance mechanisms and also in regard to conflict resolution and appeal procedures. Various stakeholders have raised concern with the current requirements and have suggested that modifications should be considered.
Lastly, various minor changes will involve removal of provisions that are no longer operative and minor wording changes to address very specific issues that have arisen over the past five years. Numerous provisions were included in the rule to address special permitting and review processes for operations that were active at the time of rule promulgation. Examples of wording changes and clarifications include incorporating counties into the definition of “municipality", and clarifying the one-acre exemption provision.
The rule changes will be developed in consultation with the Nonmetallic Mining Advisory Committee, a nine-member advisory body created by administrative rule. In addition, it may also be necessary to form a dedicated Technical Advisory Committee in order to effectively solicit input from affected stakeholders. If formed, a Technical Advisory Committee would likely include representatives from county and local units of government, nonmetallic mine operators, environmental groups, consultants and interested citizens.
Entities affected by the rule
The parties most affected by the proposed rule changes include nonmetallic mine operators and county and municipal nonmetallic mining reclamation regulatory authorities.
Comparison with federal requirements
There are no comparable federal regulations pertaining to nonmetallic mining reclamation.
Statutory authority
Staff time required
Approximately 250 hours of staff time will be required to complete the rule.
Natural Resources
Subject
Chapters
NR 432 to
435, relating to an enforceable program to meet US EPA identified budgets (“Caps") for Wisconsin's statewide NO
x and SO
2 emissions in 2009, 2010 and 2015.
Objective of the rule. The proposed rule involves the development and adoption of an emission control program to address US EPA's Clean Air Interstate Rule (CAIR) (
http://www.epa.gov/cair/index.html). CAIR imposes requirements based on a finding of contribution of Wisconsin's statewide emissions to 8-hour ozone and PM-2.5 nonattainment areas in other states. The federal rule sets summer season and annual NO
x emission budgets and annual SO
2 emission budgets for Wisconsin to address the state's impact on the ability of downwind nonattainment areas to reach attainment.
The federal CAIR rule provides two basic options for plan development. The state may adopt a model NOx and SO2 cap and trade emissions allocation market structure for all electric generating units (EGUs) greater than or equal to 25 MW which US EPA will operate. Alternatively, the state may adopt an enforceable program to obtain an equivalent level of emission reductions from 2009 CAIR baseline emissions projections. Such a program could include a larger universe of sources using a state (or multi-state) program not administered by US EPA. In the later approach, the state must ensure that total emissions will not exceed the CAIR-specified NOx and SO2 budgets and the states must also annually track emissions from the electric generating units. A particular monitoring system is required for all the large electric generating units whether or not they are part of the EPA-operated trading program.
The state CAIR Plan is due as a State Implementation Plan (SIP) submittal to EPA by September 10, 2006. The emission reductions necessary to meet the NOx and SO2 budgets will also become part of the state's required SIP for demonstration of attainment for the state ozone nonattainment areas which is due to US EPA by June, 15, 2007. The 2007 Attainment SIP must demonstrate a modeled attainment in Wisconsin areas between 2009 and 2010. To meet these requirements emission controls must be implemented during the prior ozone seasons – as early as 2008 for Basic ozone areas and 2009 for Moderate ozone areas.
There are additional related requirements that the state will need to pursue during the same timeframe to address large stationary source emissions in regard to regional ozone, regional PM-2.5 and regional haze. These programs include:
1. Reasonably Available Control Technology (RACT),
2. Reasonably Available Control Measures (RACM),
3. Best Available Retrofit Technology Program (regional haze),
A multi-state agreement between some or all of the states in the Lake Michigan region may be needed to provide the additional levels of emission reduction necessary to meet ozone, PM-2.5 and visibility improvement progress and attainment objectives. However, these programs are not part of this rule package.
The new regulatory requirements to address CAIR will be either an all new NR 400 series of chapters (e.g. ch NR 412-414 or NR 432-435), or, may be partially incorporated into ch.
NR 428, Wis. Adm. Code “Control of Nitrogen Compound Emissions"; and, NR 417 “Control of Sulfur Emissions" or NR 418 “Sulfur Emissions Control in Specific Geographic Areas".
Policy analysis
A requirement in the Clean Air Act (CAA), Section 110 (a)(2)(D) [
42 USC 410(a)(2)(D)], calls for the state to ensure that emissions from the state do not contribute to nonattainment or impede maintenance of attainment status in areas outside the state. In CAIR, US EPA has made a finding that Wisconsin's emissions significantly contribute to downwind nonattainment areas for both ozone and PM-2.5. In CAIR, US-EPA sets future year budgets for two precursors of ozone and PM-2.5 – NO
x and SO
2 - based on a level of control for large electric generating units shown in EPA analyses to be highly cost-effective. CAIR calls for a revision to the state plan (SIP) to ensure a reduction in NO
x and SO
2 emissions sufficient to meet the specified budgets in the years and ozone seasons noted. The state may adopt a model EPA program contained in CAIR that impacts only the electric generation units, or, the state may choose another enforceable mechanism to ensure equivalent reductions occur on an equivalent schedule.
A regional demonstration of attainment for ozone and PM-2.5 will likely require more stringent controls than provided by the average EGU control target(s) contained in EPA's model rule. Additionally, BART, RACM and RACT requirements may apply to some of the EGU sources and other source categories.
The extent to which NOx and/or SO2 controls would go beyond the CAIR budget levels for EGUs relate to costs, health benefits and other air quality effects. The overall control achievable and implemented by the stationary source program(s) for attainment will also be balanced against NOx reductions in other emitting sector categories (mobile, area, etc..) and potentially from regional and more local sources of volatile organic compounds (VOCs). Other factors in setting EGU and other sector reduction targets may relate to visibility (regional haze) improvement planning needs, Industrial Boiler MACT, state and federal mercury regulation, federal requirements promulgated during rule development, and regional Governors' agreements addressing regional emission reductions.
Entities affected by the rule
Facilities affected by the rule could include any facility operating a combustion process such as electric generation (EGU), industrial steam generation, process heating, internal combustion engines, or incinerator. The model EPA program specifically addresses EGUs. Any alternative program addressing the NOx or SO2 budgets would focus extensively, but not necessarily exclusively on EGUs due to the high fraction of NOx and SO2 emissions that come from power plants.
Comparison with federal requirements
The “NOx SIP" call, developed in 1998 and applicable in the other Lake Michigan states (but not in WI), provides the most recent indication of a roughly equivalent initial year (2009) level of control expected by Wisconsin EGUs under the CAIR model cap and trade program. The CAIR budgets include a summer season NOx budget slightly more stringent on average than the NOx SIP call program. States that adopt the model rule will substitute the CAIR program for the NOx SIP call program. CAIR calls for an additional level of control by 2015 on an annual basis, beyond the NOx SIP call. The NOx SIP call applies to twenty-one eastern states (excluding Wisconsin) to address regional NOx transport affecting 1-hour ozone attainment. The CAIR program addresses 8-hour ozone, PM-2.5 and regional haze reduction and affects 28 states including Wisconsin.
A major component of the NOx SIP call is a 70 to 80% emission reduction for the electric utility sector characterized by USEPA as “highly-cost effective". In comparison, the minimum RACT control required for the Wisconsin control program is defined by the CAA as reasonably available and cost-effective. This definition leads to an expectation that RACT controls would have an allowable cost greater than the highly cost-effective NOx SIP call control levels. Therefore, electric utility control levels for RACT in the Wisconsin control program are expected to be equivalent to or greater than those which are the basis of CAIR's control levels.
The federal Acid Rain program allocated emission allowances for annual SO2 emissions at a level roughly 1/3 below the average uncontrolled levels in 1990. Many Wisconsin and upper-midwest facilities substituted lower sulfur coal to achieve a large increment of their average emission reductions. Many other high emission rate facilities in the eastern US installed scrubber technology that achieved an average 85-95% reduction. CAIR sets regional caps at an average 50% below 2002 Acid Rain allowance levels for 2010 and 65% below the 2002 levels for 2015. In the target years, assuming use of the model cap and trade program, actual emissions could average 45% (2010) and 56% (2015) below otherwise projected acid rain allowance levels on a 28 state regional basis. Because of interstate trading of allocations, current EPA projections suggest actual Wisconsin EGU SO2 emission reductions under the model program could vary substantially from the overall average 28-state projected levels.
Statutory authority
Staff time required
The department estimates approximately 1,200 to 1,500 hours will be required to develop a CAIR NOx and SO2 control program and rules.
Regulation and Licensing
Subject
The 2006 edition of the Uniform Standards of Professional Appraisal Practice (USPAP).
Objective of the rule. Repeal and recreate Ch.
RL 87, Appendix
I, to incorporate by reference the revisions to the appraisal standards that will be published in the 2006 edition of the Uniform Standards of Professional Appraisal Practice (USPAP).
Policy analysis
Under s.
RL 86.01 (2), all appraisals performed by licensed and certified appraisers must conform to the Uniform Standards of Professional Appraisal Practice that is in effect at the time the appraisals are prepared. These rules will incorporate, by reference, the most up-to-date version of USPAP.
Comparison with federal requirements
The Federal Institutions Reform, Recovery, and Enforcement Act ("FIRREA"),
12 U.S.C. 3331 et seq., (Title XI) was enacted in 1989. Under FIRREA, insured financial institutions and insured credit unions are required to obtain the services of a State certified or licensed appraiser for appraisals conducted in connection with "federally related transactions."
The Appraisal Subcommittee of the Federal Financial Institutions Examination Council is authorized under FIRREA to monitor the requirements established by States for the certification and licensing of individuals who are qualified to perform appraisals in connection with federally related transactions.
21 USC 3333; Appraisal Subcommittee - Policy Statements Regarding State Certification and Licensing of Appraisers.
Under FIRREA, real estate appraisals performed in connection with federally related transaction are required to be performed in accordance with generally accepted appraisal standards as evidenced by the appraisal standards promulgated by the Appraisal Standards Board (ASB) of the Appraisal Foundation.
21 USC 3339; Appraisal Subcommittee - Policy Statements Regarding State Certification and Licensing of Appraisers, Statement 3.
The appraisal standards promulgated by the ASB are contained in the Uniform Standards of Professional Appraisal Practice (USPAP) and is available on the Appraisal Foundation's website at:
http://www.appraisalfoundation.org.
Statutory authority
The Department of Regulation and Licensing has the statutory authority under ss.
227.11 (2) and
458.24, Stats., to promulgate rules to reflect revisions to the Uniform Standards of Professional Appraisal Practice.
Staff time required
15 hours.
Regulation and Licensing
Subject
Creation of rules to reflect newly created statutory requirements for the transfer of credentialing authority of substance abuse counselors, clinical supervisors and prevention specialists (“substance abuse professionals") to the Department of Regulation and Licensing. The rules will establish minimum standards and qualifications for the certification of substance abuse professionals, as well as create definitions of scope of practice, and bases for discipline of credential holders.
Policy analysis
Policy analysis
The creation of administrative rules for the regulation of substance abuse professionals is necessary to implement newly created Subchapter VII of chapter 440 of the Wisconsin Statutes pursuant to
2005 Wisconsin Act 25 §§ 2337am governing the certification of substance abuse counselors, clinical supervisors and prevention specialists. The proposed rules will implement required credentialing requirements, definitions of scopes of practice and definitions of acts constituting unprofessional conduct.
Statutory authority
Comparison with federal requirements
There is no existing or proposed federal regulation that is intended to address the activities to be regulated by the rule.
Entities affected by the rule
County community substance abuse prevention and treatment services programs, clinics, hospitals and other providers of alcohol and other drug abuse counseling.
Staff time required
Estimate the amount of state employee time and any other resources will be necessary to develop the rule.
Total hours: 1150.
Transportation
Subject
Chapter
Trans 128, relating to the traffic violation and registration program (TVRP).
Objective of the rule. As authorized by s.
85.13, Stats., ch.
Trans 128 establishes policies and procedures regarding operation of the Traffic Violation and Registration Program (TVRP). This program permits local units of government to collect unpaid parking tickets by suspending the registration (license plate) for any vehicle that was ticketed for a parking violation if the ticket is not paid. Unlike traffic citations, parking tickets are issued to vehicles because the driver is usually not present at the time the citation is issued. Accordingly, the collection activities of the local unit of government are directed at the vehicle registrant.
On April 1, 2005, WisDOT published a statement of scope to amend ch.
Trans 128 so that it complied with the requirements of
2003 Wis. Act 201 and allows local units of government to suspend vehicle registrations to collect unpaid towing and storage charges associated with nonmoving traffic violations. In working on the rule, staff explained that DMV intends to permit electronic submission of TVRP documentation by program participants. The Department intends to propose to permit electronic submission of TVRP documentation as part of the rule making in addition to the changes discussed in the earlier statement of scope.
Policy analysis
The Department proposes to permit local units of government to submit TVRP documentation electronically. This should be more efficient both for the local program participants and DMV.
Entities affected by the rule
Any parking authority that participates in the TVRP program that wishes to submit TVRP documentation electronically will be affected. Those that wish to continue to submit paper documentation will be permitted to do so.
Comparison with federal requirements
No federal regulation applies to this case.
Statutory authority
Staff time required
40 hours.
Veterans Affairs
Subject
Chapter
VA 2, relating to a new educational grant program for veterans.
Objective of the rule. The amendment would implement the legislature's authorization to administer a new educational grant program for veterans. The legislature authorized the program in the
2005 Wis. Act 25. The objective is to provide implementation criteria for the new program.
Policy analysis
The legislature abolished the two prior educational grant programs upon enactment of the budget bill. The enactment of s.
45.20, Stats., required the department to promulgate rules that promoted the legislative intent. The proposed rules seek to accomplish that goal.
Comparison with federal requirements
The educational grant program is entirely administered under the authority of state law. There is no existing or proposed federal regulation that has any bearing upon the proposed rule.
Statutory authority
Staff time required
Approximately 20 hours of Department of Veterans Affairs staff time will be needed to promulgate the rules.
Veterans Affairs
Subject
Section
VA 2.01, relating to a new assistance program for needy veterans.
Objective of the rule. The repeal and recreation of s.
VA 2.01 would implement the legislature's authorization to administer a new assistance to needy veterans program. The legislature authorized the program in the
2005 Wis. Act 25. The objective is to provide implementation criteria for the new program.
Policy analysis
The legislature abolished the two prior emergency grant programs upon enactment of the budget bill. The enactment of s.
45.20, Stats., required the department to promulgate rules that promoted the legislative intent. The proposed rules seek to accomplish that goal.
Comparison with federal requirements
The assistance to needy veterans program is entirely administered under the authority of state law. There is no existing or proposed federal regulation that has any bearing upon the proposed rule.
Statutory authority
Staff time required
Approximately 30 hours of Department of Veterans Affairs staff time will be needed to promulgate the rules.
