Scope statements
Administration
Subject
Non-municipal electric utility low-income assistance fee, affecting ch.
Adm 43.
Policy Analysis
Objective of the rule. To remove references to “Public Benefits" programs pursuant to
2005 Wisconsin Act 141. The changes will also revise and simplify the manner in which the Low-Income Assistance Fee is collected.
Existing policy. 1999 Wisconsin Act 9 included major provisions relating to aspects of electric utility regulation, commonly referred to as “Reliability 2000." That legislation created a new statutory framework within which “Public Benefit" programs relating to low–income energy assistance and energy conservation and renewable energy were continued and expanded.
Under ss.
16.957 (2) (c) and
(4) (b), Stats., the Department of Administration promulgated rules setting fees to be collected by utilities from their customers, and establishing requirements and procedures related to those low–income and energy conservation programs. This rule provides mechanisms for setting, collecting, and reporting the fees, and related matters.
New policy. 2005 Wisconsin Act 141 reversed major portions of the earlier
1999 Wisconsin Act 9. That Act transferred responsibility for energy conservation and renewable energy to the Public Service Commission while leaving responsibility for low-income energy assistance at the Department of Administration.
The amendments to this rule remove references to energy conservation and renewable energy programs and associated fees, while leaving them intact for low-income assistance programs. The amended rule will simplify the collection of fees by the Department for the conduct of the low-income assistance program, which will henceforth be referred to as the “Low-Income Assistance Program."
Policy alternative. Do not change the program name in the existing rules. The program could continue to operate under existing statutory authority even if the nomenclature was inaccurate. The existing collection process has proven to be workable but very cumbersome to all parties. It could continue to operate as is.
Statutory authority
Staff time required
Staff and management of the Division of Energy are expected to spend approximately 40 hours over the course of the drafting and approval process. Department of Administration legal staff is expected to spend approximately 12 hours.
Entities affected by the rule
The change in the name will merely reflect the revised program which contractors will deal with as a result of
2005 Wisconsin Act 141. Non-municipal electric utilities in Wisconsin will be able to deal with the collection of the Low-Income Assistance Fee with less difficulty. Electric rate payers will notice no changes as a result of this rule, nor will existing low-income delivery agents who currently deliver the Low-Income Assistance program under contract with DOA.
Comparison with federal regulations
The Low-Income Assistance program receives substantial federal funding. The rules associated with that funding will have no impact on the activities in this rule, nor will the rule changes impact the federal program.
Administration
Subject
Energy conservation and efficiency and renewable resource programs, affecting ch.
Adm 44.
Policy Analysis
Objective of the rule. This rule is being repealed in its entirety because
2005 Wisconsin Act 141 transferred all of the responsibilities governed by the rule to the Public Service Commission.
Existing policy. The rule established requirements, procedures and criteria to be followed by program administrators in soliciting and selecting applications for grant funding to be awarded by the Department for energy efficiency and renewable energy programs established under s.
16.957 (2) (b), Stats.
New policy. Responsibility for those programs will be transferred to the Public Service Commission effective July 1, 2007.
Statutory authority
Staff time required
It is anticipated that less than 8 hours of staff time will be devoted to overseeing the process of repealing this rule. Department legal staff is expected to spend 2 hours.
Entities affected by the rule
The entities affected will be those involved with the energy efficiency and renewable energy programs to be transferred. This includes contractors, primarily the Wisconsin energy Conservation Corporation and the Energy Center of Wisconsin. They will be subject to oversight by the Public Service Agency upon the effective date of the transfer.
Comparison with federal regulations
There is no federal regulation that affects the activities in this rule, whether they are conducted by the Department or the Public Service Commission.
Administration
Subject
Low-income assistance, affecting ch.
Adm 45.
Policy Analysis
Objective of the rule. To change the name of the “Low-Income Public Benefits" program to “Low-Income Assistance" program in conformity with changes made by
2005 Wisconsin Act 141 which transferred the energy efficiency and renewable energy component of the “Public Benefits" program to the Public Service Commission. Only low-income assistance programs remain at the Department. The rule is also amended to conform a definition to a change made by
2005 Wisconsin Act 344.
Existing policy. Prior to
2005 Wisconsin Act 141, the low-income assistance programs were operated in tandem with energy efficiency and renewable energy programs as the “Wisconsin Public Benefits" program.
Under s.
16.957 (2) (c), Stats., the Department of Administration is required to promulgate rules for low–income assistance programs. The original rule established eligibility and application requirements and procedures for low–income assistance under the “Public Benefits" program, which included energy conservation and renewable energy responsibilities and was established under s.
16.957 (2) (a), Stats.
New policy. 2005 Wisconsin Act 141 transferred the energy efficiency and renewable energy responsibilities to the Public Service Commission, leaving the Department responsible for only the low-income assistance programs. This amendment substitutes the term “low-income assistance" for “public benefits" programs. No changes in the policies under which the low-income assistance programs operate are made by the amendment.
The amendment also changes a reference to “secured correctional facility" to “juvenile correction facility" to conform to a change contained in
2005 Wisconsin Act 344 at s.
938.02 (10p), Stats. This Act related to: reorganizing, making nonsubstantive editorial changes to, revising and creating titles in, clarifying ambiguous language in, and making minor substantive changes to the Juvenile Justice Code.
Policy alternative. Do not change the program name in the existing rules. The program could continue to operate under existing statutory authority even if the nomenclature was inaccurate.
Statutory authority
Staff time required
Staff and management of the Division of Energy are expected to spend approximately 20 hours over the course of the drafting, promulgation and review process. Department of Administration legal staff is expected to spend approximately 4 hours.
Entities affected by the rule
No substantive change is made by this amendment and no entity will be affected by this amendment; it merely changes the name of the program and conforms a definition to new law.
Comparison with federal regulations
The Low-Income Assistance program receives substantial federal funding. The name change and the definition modification are immaterial to the federal regulations covering the program.
Commerce
Subject
Objective of the rule. The purpose of chapter Comm 5 - Licenses, Certifications and Registrations, is to establish minimum standards for the qualifications and responsibilities of persons or businesses that are required or allowed to obtain credentials under chapters 101, 145, and 167 of the Wisconsin Statutes.
The purpose of the rule revision is to update the certification categories related to storage of flammable, combustible and hazardous liquids – and to update the requirements corresponding to those categories.
Policy Analysis
The Department currently has credential requirements in chapter Comm 5 for tank system inspectors, tank specialty firms, site assessors, aboveground tank system installers, underground tank system installers, tank system liners, tank system removers and cleaners, and tank system tightness testers.
The proposed rules are expected to (1) modify several credential responsibilities by deleting outdated activities, and adding activities that have proven to better reflect the nature of the work; (2) remove references to past dates that have no relationship to current-day credential qualifications or administration; (3) eliminate continuing-education requirements from specialties where the corresponding technical aspects do not change appreciably, and continuing-education opportunities within the industry are limited; (4) shorten the approval duration for continuing-education courses, from five years to three, unless otherwise specified in an approval letter; (5) require departmental notification if an approved, continuing education course is discontinued or modified; (6) no longer allow renewal of credentials after they expire, except by complying with all of the requirements for new applicants; (7) expand the reasons for denial, suspension or revocation of a credential to include failure to maintain or submit accurate, required records in a timely manner; (8) directly link all credentials for storage of flammable, combustible, and hazardous liquids to the corresponding requirements in chapter Comm 10; (9) modify the site assessor specialty credential terminology to better reflect the scope of the credential; (10) require contractor liability insurance coverage for firms that install, remove, test, line, clean, or perform closure assessment, for tank systems; (11) require certification for individuals who design, install, or test cathodic protection systems for tank systems regulated by Comm 10; and (12) implement related improvements to the corresponding administrative and regulatory processes.
The only feasible alternatives to this rule development at this time would be to leave the code as it is or delay updating the rules. These alternatives would result in the Department continuing to exercise no direct oversight over an essential element of groundwater protection, and would reduce the other public benefits that will be achieved through the rule revision.
Statutory authority
Staff time required
The staff time needed to develop the rules is expected to range from 100 to 300 hours, depending upon the associated complexity. This includes research, rule drafting, and processing the rules through public hearings, legislative review, and adoption. There are no other resources necessary to promulgate the rules.
Entities affected by the rule
The proposed rules may affect (1) individuals who design, install, or test cathodic protection systems for tank systems that will hold flammable, combustible, or hazardous liquids which are regulated by chapter Comm 10; and (2) any firms which currently do not have contractor liability insurance coverage and which install, remove, test, line, clean, or perform closure assessment, for tank systems regulated by chapter Comm 10. The proposed rules may also affect some individuals and firms during renewal of credentials related to storage of flammable, combustible and hazardous liquids; and may affect some providers of the continuing education courses that are utilized in conjunction with those renewals.
Comparison with federal regulations
In Title 40 of the Code of Federal Regulations, under Section 20 of Part 280, a corrosion expert must design and oversee installation of field-installed cathodic protection systems for underground steel storage tanks and piping for flammable, combustible, and federally regulated hazardous liquids. Section 31 of 40CFR280 requires that a qualified
cathodic protection tester periodically inspect all cathodic protection systems for these tanks and piping. Section 12 of 40CFR280 establishes definitions for corrosion expert and cathodic protection tester. Those definitions require corrosion experts to be accredited professionals, and require cathodic protection testers to meet specified criteria for education and experience. The proposed rules are expected to incorporate these requirements and definitions into chapter Comm 5.
Funeral Directors Examining Board
Subject
Creation of rules to make changes relating to continuing education requirements for Funeral Director licensees. Current rules are reflected in ch.
FD 4.
Policy Analysis
Objective of the rule. To make changes relating to the continuing education requirements for Funeral Director licensees.
Existing Policies Relevant to the Rules, New Policies Proposed and Analysis of Policy Alternatives.
The continuing education requirements for Funeral Director licensees can be found in Chapter
FD 4. Current rules define requirements for licensees, the requirements for providers to obtain approval of continuing education programs, and qualifications for continuing education instructors.
Statutory authority
Comparison with federal regulations
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
Funeral Director licensees, continuing education providers, and continuing education instructors.
Staff time required
60 hours.
Insurance
Subject
Ch.
Ins 17, relating to peer review surcharge rates for the Injured Patients and Families Compensation Fund and the Wisconsin Health Care Liability Insurance Plan.
Policy Analysis
The peer review surcharge rates are established in relation to the number of and dollar amount of claims paid on behalf of a health care provider. Pursuant to s.
655.27 (3) (a) 2m., Stats., health care providers with claim payment experience that exceeds the limits established by rule are subject to a surcharge which may result in an increase in the amount of assessment they pay to the the Injured Patients and Families Compensation Fund and the Wisconsin Health Care Liability Insurance Plan. The current surcharge rates were established in 1987 based upon paid claims data at that time. New rates have been actuarially developed based upon more recent claim payment data.
Statutory authority
Staff time required
80 hours estimated state employee time to promulgate this rule.
Entities affected by the rule
Pursuant to Ins 17.285 (2) (d), Wis. Adm. Code, this rule will affect all physicians and certified registered nurse anesthetists subject to Ch.
655, Stats. that have paid claims experience that exceeds the thresholds established by this rule.
Comparison with federal regulations
There is no existing or proposed federal regulation addressing any medical malpractice fund like the Wisconsin Injured Patients and Families Compensation Fund.
Insurance
Subject
Ch.
Ins 17, relating to fund fees and mediation panel fees for fiscal year 2008, and affecting small business.
Policy Analysis
The proposed rule will establish the annual fees which participating health care providers must pay to the Injured Patients and Families Compensation Fund as required by s.
655.27 (3), Stats., for the fiscal year beginning, July 1, 2007. The proposed rule will also establish the mediation panel fees for fiscal year 2008 commencing July 1, 2007.
Existing policies are set forth in the statutes cited below and in the rules themselves.
Statutory authority
Staff time required
100 hours estimated state employee time to promulgate this rule; other resources will include the review and recommendation of the board's actuarial committee based on the analysis and recommendations of the fund's actuaries and the director of state courts.
Entities affected by the rule
All health care provider participants in the fund as set forth in s.
655.002 (1), Stats.
Comparison with federal regulations
There is no existing or proposed federal regulation addressing any medical malpractice fund like the Wisconsin Injured Patients and Families Compensation Fund.
Transportation
Subject
Objective of the rule. This rule making will amend s.
Trans 102.14 (3) to clarify that a person whose legal presence in the country ends not more than 6 months after he or she applies for an identification card or 12 months after he or she applies for an operator's license is not a resident of this state and so is not eligible for those products. This information will be part of a rule effort initiated by a scope statement published on 9-1-06.
Policy Analysis
2005 Wisconsin Act 126 requires the expiration date of an applicant's driver's license or identification card match the expiration date of the person's legal presence for persons who are not U.S. citizens. Under this new law, which takes effect April 1, 2007, the Department may be issuing driver's licenses or identification cards that are valid for only a few months. The Department proposes to require a minimum authorized stay for at least six months for an identification card or twelve months for an operator's license for persons who are not U.S. citizens to comply with the definition of resident under s.
343.01 (2) (g), Stats. It also should be noted that any nonresident of the United States who holds an international driving permit is allowed to operate for up to one year in Wisconsin, under s.
343.14 (4), Stats.
Comparison with federal regulations
The proposed changes will move Wisconsin towards compliance with the federal REAL ID Act, which takes effect May 11, 2008.
Entities affected by the rule
Persons who are not U.S. citizens applying for a driver's license or identification card.
Statutory authority
Section
343.06 (1) (k), Stats., prohibits the Department from issuing a license to any person who is not a resident. Section
343.50 (2) prohibits the Department from issuing an identification card to any person who is not a resident.
Section
343.01 (2) (g), Stats., defines a resident as “an adult whose one home and customary and principle residence, to which the person has the intention to returning whenever he or she is absent, is in this state."
Section
343.05 (4) (b) 2, Stats., exempts nonresidents of the United States from the licensing requirements of 343.05 if they hold an international driving permit. Section
343.05 (4) (c), Stats., specifies that the international driving permit may be used for a period of up to one year after a person's arrival.
Staff time required
Two weeks.
Transportation
Subject
Objective of the rule.
2005 Wis. Act 363 requires WisDOT to adopt a rule to define which state highways should be subject to a 65-foot length limit. This rule making will amend ch.
Trans 276 to provide a list of highways upon which trucks longer than 65 feet in length cannot operate without a permit. The rule making also will establish a means for trucks 75 feet long to travel on local roads where state law generally limits overall length to 65 feet so that the 75-foot long trucks may access food, fuel and make pickups and deliveries on these highways without a permit.
Policy Analysis
Section
348.07 (1), Stats., historically has limited the maximum overall length of truck combinations on Wisconsin highways to 65 feet. Section
348.07 (2), Stats., allowed vehicles meeting the specifications of that subsection to operate without permits despite exceeding the 65-foot limit of subsection (1).
2005 Wis. Act 363 amended s.
348.07, Stats., increasing the default overall length limitation to 75 feet on the state trunk highway system. The Act retains the 65-foot overall length limit on all local roads and retains the provision for identifying long truck routes, where no overall length limitation applies. Further, the Act requires the Department to identify any state trunk highways that are restricted to a maximum overall length limit of 65 feet. The rule will establish those highway segments that will be “65-foot restricted routes."
The result of this rule making will be to categorize all state trunk highways into one of three length categories: standard 75-foot routes; restricted 65-foot routes; or, long truck routes with no overall length limit.
Definitions have been added to the rule to make it easier to identify the nature of designations made by the Department in ch.
Trans 276.
In drafting this rule the Department intends to propose one apparent oversight in
2005 Wis. Act 363 that was also addressed in the emergency rule that the Department promulgated in response to the Act. Act 363 did not grant any authority for 75-foot vehicles using the new 75-foot routes to leave those routes to reach fuel, food, maintenance, repair, rest, staging, terminal or vehicle assembly facilities or points of loading or unloading. The Department does not believe this oversight was intentional and intends to propose a provision similar to that in the current emergency rule that designates the intersection of each 75-foot route and any other highway as a long truck route under s.
348.07(4), Stats. This would permit trucks to exceed the 65-foot default length limit on local roads to access such facilities and make deliveries. The Department believes granting such access privileges would be better accomplished by statutory change and encourages the legislature to consider statutorily establishing access rights for vehicles using 75-foot restricted routes.
Comparison with federal regulations
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 operating on the national network. (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. Thus,
2005 Wis. Act 363 and this rule making are not inconsistent with that federal law in that none of the roads designated as 65-foot or 75-foot routes in this proposed rule making are on the national network.
Entities affected by the rule
The rule will affect the trucking industry, including those owning or operating trucks, truck suppliers, those relying on the trucking industry for effective and efficient freight transport, and local governments, including counties, and the Department of Transportation, as the maintaining authority of the State Trunk Highway System. Other entities that may be affected include those that transport freight through other modes (air, rails, water).
Statutory authority
Staff time required
It is estimated that state employees will spend 160 hours on the rule-making process, including research, drafting and conducting a public hearing.
