Rule-Making Notices (Hearing Notices)

Under current rules, businesses that repair mobile air conditioners must be registered by DATCP, and repair technicians must complete required training. Repair shops may not add refrigerant to a leaking mobile air conditioner without repairing the air conditioner, and must use proper equipment and methods to avoid releasing refrigerant.

Current rules prohibit the sale of mobile air conditioner refrigerant to persons other than registered installers. Current rules prohibit the sale of refrigerant in small “do-it-yourself" containers holding less than 15 lbs. of refrigerant.

Current DATCP rules apply to federally-designated class I and class II ozone depleting refrigerants, as well as “substitute" refrigerants. Federal rules regulate the installation of mobile air conditioner refrigerants, including “substitute refrigerants," but do not regulate the sale of substitute refrigerants.

JCRAR Action

On June 28, 2006, the Legislature's Joint Committee for Review of Administrative Rules (JCRAR) voted to suspend all current state rules related to the installation and sale of “substitute refrigerants" of any kind. This broad exemption will become effective unless DATCP adopts a narrower alternative exemption by emergency rule.

The narrower exemption specified by JCRAR would apply to the sale of one type of “substitute refrigerant" known as R 134A. The exemption would allow the sale of R 134A to the general public in “do-it-yourself" containers holding less than 15 lbs. R 134A is currently the most widely used mobile air conditioner refrigerant. It is not considered an ozone-depleting substance, but is considered an environmental contaminant that contributes to global warming.

Consumers who purchase R 134A in “do-it-yourself" containers will presumably use it to refill their leaking mobile air conditioners which, in most cases, will continue to leak refrigerant to the environment. Consumers are not generally trained or equipped to repair air conditioner leaks, or to prevent the release of refrigerant into the environment.

DATCP is adopting this emergency rule for the sole purpose of preventing a broader suspension of rules that currently prevent the release of mobile air conditioner refrigerant into the environment.

Fiscal Impact

This rule will have no fiscal impact on local government and will have no new impact on DATCP.

Business Impact

This rule will benefit manufacturers and sellers of R 134A, who will be able to sell the refrigerant in “do-it-yourself" containers holding less than 15 lbs. of the refrigerant. Sellers will likely include major consumer retail chains.

This rule will adversely affect motor vehicle repair shops and mobile air conditioner repair shops, who have invested in equipment and training to repair leaking mobile air conditioners and prevent refrigerant leaks to the environment.

It is likely that many consumers will use the “do-it-yourself" containers to refill their leaking mobile air conditioners, without repairing the leaks or taking precautionary measures to prevent release of refrigerant into the environment. This will likely reduce business for registered commercial repair shops and installers.

Federal and Surrounding State Programs

Federal Programs

Federal law currently regulates the commercial repair of mobile air conditioners, and the commercial installation of mobile air conditioner refrigerant. There is no federal regulation of refrigerant sales. This rule will have no impact on federal programs.

Surrounding State Programs

No other state prohibits the sale of R 134A mobile air conditioner refrigerant in “do-it-yourself" containers of less than 15 lbs. This rule will make Wisconsin consistent with other states.

DATCP Contact

Questions and comments related to this rule may be directed to:

Michelle Reinen

Department of Agriculture, trade and Consumer Protection

P.O. Box 8911

Madison, WI 53708-8911

Telephone [phone]

E-Mail: [e-mail]

Notice of Hearings

Emergency Management

[CR 06-088]

NOTICE IS HEREBY GIVEN that pursuant to the authority in ss. 166.02 (6u), 166.03 (2) (b) 9., 227.11 (2) (a), Stats. and interpreting ss. 20.465 (3) (b), 20.465 (3) (b) (s), 166.02 (6u), 166.03 (2) (b) 9., Stats., the Division of Emergency Management will hold public hearings at the times and places indicated below to consider the creation of ch. WEM 7, as an emergency rule and a permanent rule, relating to the application process and criteria for determining eligibility for payments to local units of government for damages and costs incurred for major catastrophes. The public hearings will be held as follows:

Date	Location	Begin Time
Mon. Aug. 14	Milwaukee Area Lecture Hall A &B, Milwaukee County Sheriff's Training Academy 9225 S. 68th St, Franklin, WI 53132	10:00 a.m.
Mon. Aug. 14	Appleton Area Grand Chute Town Hall Board Room 1900 Grand Chute Blvd. Appleton WI 54913	6:30 p.m.
Tues. Aug. 15	Madison Emergency Operations Center (EOC) Department of Military Affairs 2400 Wright Street Madison WI 53707	10:00 a.m.
Tues. Aug. 15	LaCrosse Health and Human Services Building Auditorium 300 4th Street North LaCrosse WI 54601	6:30 p.m.
Wed. Aug. 16	Wausau area Rib Mountain Town Hall, 3700 North Mountain Road Rib Mountain, WI 54401	6:30 p.m.
Thur. Aug. 17	Rice Lake area Barron County Justice Center Emergency Operations Center 1420 State Hwy 25 N Barron WI 54812	6:30 p.m.

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 arguments in writing as well. Facts, opinions and arguments may also be submitted in writing without a personal appearance by mail address to Diane J. Kleiboer, Disaster Resources Supervisor, Wisconsin Emergency Management; 2400 Wright Street, Room 213, P.O. Box 7865, Madison, WI 53708-7865. Telephone: [phone]. Email: [e-mail]. Written comments must be received by August 17, 2006 to be included in the record of rule making proceedings.

The hearing sites are fully accessible to persons with disabilities.

Analysis Prepared By the Division of Emergency Management

The Wisconsin Department of Military Affairs, through its Division of Emergency Management, proposed an order to create WEM 7 relating to the application process and criteria for determining eligibility for payments to local units of government for damages and costs incurred for major catastrophes.

Statutory Authority: ss. 166.03 (2) (b) 9., and 227.11 (2) (a), Stats.

Statutes Interpreted: s. 166.03 (2) (b) 9.

Explanation of Agency Authority: The Department of Military Affairs, through its Division of Emergency Management, is required under s. 166.03 (2) (b) 9 (created by 2005 Wisconsin Act 269) to promulgate and adopt rules to administer the payment program to local units of government for specific costs related to emergency response and recovery.

Related Rule of Statute: There are no other related statutes or rules other than those listed above.

Plain Language Analysis: Chapter WEM 7 establishes an application process and eligibility criteria for payments to local units of government for specific costs related to emergency response and recovery efforts. These would be costs that cannot be insured or that are impossible to predict based on the unique nature of the disaster response. These costs include debris removal, emergency protective measures taken to eliminate of reduce immediate threats to life, public health or safety or damages to roads or bridges.

Summary of and Comparison With, Existing or Proposed Federal Regulations: The federal Public Assistance Program (44 CFR part 206, Subparts G and H), made available in a Presidential Disaster Declaration, and the major disaster assistance program as provided for in WEM 7 are similar. Both programs provide grants to local governments that have sustained damages or incurred costs as a result of a major disaster. Each also has a cost share provision; the federal public assistance program is 75% federal with the remaining 25% split between the state and local applicant while the state program cost share is 70/30, state/local. The eligibility criteria for the state program resemble those of the federal program, specifically as they pertain to debris clearance, emergency protective measures and damage to road systems. The administrative and management processes for the state program will be patterned after those of the federal public assistance program and will be documented in a State Administrative Plan. For both programs the actual amount paid to an applicant is determined by the applicant's ability to submit appropriate documentation justifying the claimed costs.

Comparison with Rules in Adjacent States: The Division is unaware of any proposed or existing federal regulation that is covered by the proposed rule.

Summary of Factual Data and Analytical Methodologies: The Division reviewed records of disaster occurrences from 2000 through 2005 and determined that, on average, there were three to five disaster occurrences each year that did not qualify for federal disaster assistance, but placed a substantial financial burden on the impacted jurisdictions. In these disasters, the majority of public assistance costs were for debris removal, emergency protective measures and damage to road systems. The Division also took into account the established federal threshold for the state to qualify for the federal public assistance program made available in a Presidential Disaster Declaration.

Effect on Small Business: The proposed rule will have no significant effect on small business, as defined in s. 227.114 (1), Stats. There were no supporting documents used to determine the effect on small business and an economic impact report was not prepared. This rule will affect only local units of government.

Fiscal Estimate

In the current biennium the program is funded with PECFA SEG funds. In the next biennium budget an alternate source of funding will be needed. It is assumed that approximately $3 million in damages and costs may be eligible for payment under the major disaster assistance fund. The increased workload will be significant but the agency will have to make do with current staff. Additional costs for supplies and services will likewise have to be absorbed within the agency's existing budget.

Agency Contact Person

Diane Kleiboer, Supervisor, Disaster Recovery Section, Wisconsin Emergency Management, 2400 Wright Street, P. O. Box 7865, Madison, WI 53707-7865. Telephone: [phone]. Email: [e-mail].

Place Where Comments Are to Be Submitted and Deadline for Submission: Comments may be submitted to Diane Kleiboer, Supervisor, Disaster Recovery Section, 2400 Wright Street, P. O. Box 7865, Madison, WI 53707-7865. Telephone: [phone]. Email: diane.kleiboer @dma.state.wi.us. Comments must be received on or before August 17, 2006 to be included in the record of rule-making proceedings.

Rule of the Text

SECTION 1. Chapter WEM 7 is created to read:

WEM 7.01   Purpose

WEM 7.02   Definitions

WEM 7.03   Eligibility Criteria

WEM 7.04   Application Process

WEM 7.05   Eligible and Ineligible Costs

WEM 7.06   Payments of Major Disaster Assistance Fund Applications

WEM 7.07   Expedited Claims and Payment Process

WEM 7.08   Record Retention

WEM 7.09   Fund Expenditure Limitation

WEM 7.10   Dual Payment

WEM 7.11   Appeal Process

7.01 PURPOSE. The purpose of this chapter sectionis to establish the application process and the criteria for determining eligibility for payment under the major disaster assistance fund as required in ss. 166.03 (2) (b) 9., Stats.

7.02 DEFINITIONS. In this chapter:

(1) “Administrator" means the administrator of the Wisconsin division of emergency management.

(2) "Applicant" means any local governmental unit that applies for major disaster assistance funding under this chapter.

(3) "Applicant's authorized representative" means any person authorized by the governing body of a local governmental unit to apply for major disaster assistance funding under this chapter.

(4) "County" means the county or counties where a major catastrophe has occurred.

(5) "Department" means the Wisconsin department of military affairs.

(6) "Disaster declaration" means a document by which an authorized official or the governing body of a local governmental unit or the State declares a disaster.

(7) “Division" means the Wisconsin division of emergency management.

(8) "Incident period" means the definite time interval of a major catastrophe with a specific start and end date .

(9) “Local governmental unit" has the meaning given in 19.42 (7u), Stats.

(10) "Major catastrophe" has the meaning given in s. 166.02 (6u), Stats.

(11) “State" means the state of Wisconsin.

7.03 ELIGIBILITY CRITERIA.

(1) The division may make payments to eligible local governmental units under this chapter upon receipt and consideration of an application if the administrator determines all of the following:

(a) The local governmental unit has suffered a major catastrophe.

(b) A disaster declaration was issued by the local governmental unit or the state during the incident period of the major catastrophe.

(c) The damages suffered and eligible costs incurred are the direct result of a major catastrophe.

(d) Federal disaster assistance is not available for that major catastrophe because the governor's request that the president declare the catastrophe a major disaster under 42 USC 5170 has been denied or where no federal assistance is requested because the major catastrophe does not meet the statewide or countywide per capita impact indicator under the public assistance program guidelines issued by the federal emergency management agency.

(e) The local governmental unit will contribute at least 30% of the total amount of the damages and eligible costs incurred from the major catastrophe from other funding sources.

(2) In making a determination under sub (1), the administrator shall consider all of the following:

(a) The availability of funding from other federal and state government sources.

(b) The availability of insurance.

(c) Any other factors the administrator considers relevant.

7.04 APPLICATION PROCESS. (1) The division shall prepare application materials which may be updated as needed. The application materials shall set forth the application instructions and requirements for funding under this chapter.

Note: Application materials are available on request without charge from the Disaster Resources Section Supervisor, Wisconsin Emergency Management, 2400 Wright Street, Room 213, P.O. Box 7865, Madison, WI 53707-7865, telephone [phone]. The completed forms and supporting documentation shall be mailed to the Disaster Resources Section Supervisor, Wisconsin Emergency Management, 2400 Wright Street, Room 213, P.O. Box 7865, Madison, WI 53707-7865. Application materials may also be accessed from the Wisconsin Emergency Management webpage at: http://emergencymanagement.wi.gov/

Note: Within six months of enactment of the administrative rules, Wisconsin Emergency Management will develop an administrative manual that details the implementation process and provides specific information on program eligibility. Until such time as the manual is developed, Wisconsin Emergency Management will adhere to the eligibility criteria outlined for Categories A, B, and C of FEMA's Public Assistance Program contained in the FEMA Public Assistance Guidance Document.