Rule-making notices
Notice of Hearings
Agriculture, Trade and Consumer Protection
(Reprinted from 12/31/06 Register)
The state of Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) announces that it will hold public hearings on a proposed amendment to chapter ATCP 30, Wis. Adm. Code, relating to chloropicrin and metam sodium soil fumigants.
DATCP will hold two public hearings at the times and places shown below. DATCP invites the public to attend the hearings and comment on the proposed rule. Following the public hearings, the hearing record will remain open until Friday, February 9, 2007 for additional written comments. Comments may be sent to the Division of Agricultural Resource Management at the address below, by email to
jeff.postle@datcp.state.wi.us or online at
https://apps4.dhfs.state.wi.us/admrules/public/Home.
You may obtain a free copy of this rule by contacting the Wisconsin Department of Agriculture, Trade and Consumer Protection, Division of Agricultural Resource Management, 2811 Agriculture Drive, P.O. Box 8911, Madison, WI 53708. You can also obtain a copy by calling (608) 224-4503 or emailing
jeff.postle@datcp.state.wi.us. Copies will also be available at the hearings. To view the proposed rule online, go to:
To provide comments or concerns relating to small business, please contact DATCP's small business regulatory coordinator Keeley Moll at the address above, by emailing to
Keeley.Moll@datcp.state.wi.us or by telephone at (608) 224-5039.
Hearing impaired persons may request an interpreter for these hearings. Please make reservations for a hearing interpreter by January 12, 2007, by writing to Jeff Postle, Division of Agricultural Resource Management, P.O. Box 8911, Madison, WI 53708-8911, telephone (608) 224-4503. Alternatively, you may contact the DATCP TDD at (608) 224-5058. Handicap access is available at the hearings.
Hearing Dates and Locations
Tuesday, January 23, 2007
2:00 p.m. to 5:00 p.m.
Wis. Dept. of Agriculture, Trade and Consumer Protection
2811 Agriculture Drive
Madison, WI 53718
Tuesday, January 30, 2007
3:00 p.m. to 7:00 p.m.
Elizabeth Inn
Highway 54 and 51
Stevens Point, WI 54481
Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection
This rule regulates the use of soil fumigant pesticides containing chloropicrin or metam sodium active ingredients. This rule does all of the following:
Creates new rules to regulate the use of chloropicrin soil fumigants.
Modifies current rules regulating the use of metam sodium soil fumigants. Among other things, this rule relaxes current post-application monitoring requirements and current setback requirements for “tarped" applications.
Statutory Authority
The Wisconsin Department of Agriculture, Trade and Consumer Protection (“DATCP") has general authority to adopt rules interpreting statutes under its jurisdiction (
see s.
93.07 (1), Stats.). DATCP is specifically authorized to adopt rules under s.
94.69 (1) (i), Stats., to regulate the use of pesticides.
Background
DATCP administers Wisconsin's pesticide laws. Chloropicrin and metam sodium are soil fumigant pesticides, used mainly by potato growers to control nematodes. Under current DATCP rules, persons using metam sodium soil fumigants must take certain steps to prevent human exposure to volatilized fumigant (there are no equivalent rules for chloropicrin applications). Under current metam sodium rules:
Applicators must be properly certified.
No agricultural application may be made within ¼ mile of a hospital, nursing home, jail or prison, or within ¼ mile of a school that will be in session during the application or within 48 hours after the application.
Agricultural application sites must be covered by a tarp or other impermeable barrier, except when the soil fumigant is injected into the soil or applied by specified chemigation procedures. Application by knife rig injection is prohibited when soil temperatures are too high.
Applicators must pre-notify county public health authorities, and neighbors within ¼ mile, prior to any “chemigation" application. “Chemigation" applications must comply with specific rule standards.
Applicators must monitor application sites after the application, and must take appropriate steps to prevent pesticide drift. Applicators must notify Wisconsin emergency management if it appears that pesticide drift may contact residences or public buildings.
Applicators must keep specified records related to metam sodium applications.
Rule Contents
This rule regulates chloropicrin applications in the same way that current rules regulate metam sodium applications (see above). This rule also modifies current metam sodium regulations as follows (the same regulations will apply to chloropicrin):
For “tarped" agricultural applications, this rule reduces the required minimum setback from schools, hospitals, nursing homes, jails and prisons from 1/4 mile to 1/8 mile. For “untarped" agricultural applications, the required minimum setback remains at 1/4 mile.
The setback requirements applicable to schools are also made applicable to licensed daycare facilities. An exception is provided for an application to a plant nursery that was in existence prior to the first date the daycare facility was licensed if the nursery operator provides at least 24 hours prior notice of the application to the daycare facility operator.
This rule relaxes current follow-up monitoring requirements. Under current rules, a certified applicator must inspect the application site 4-6 hours after the application is completed and again 9-12 hours after the application is completed. Under this rule, a certified applicator must only conduct one follow-up inspection, within one hour of sunset on the day of application.
This rule updates current emergency government references, and makes other minor editorial changes.
Federal Regulations
The U.S. Environmental Protection Agency (EPA) regulates pesticides under the Federal Insecticide, Fungicide and Rodenticide Act. Pesticides must be registered with EPA. EPA registers pesticides and pesticide labels for specific uses. The pesticide manufacturer must provide safety, environmental and other data to support the registration. Pesticide labeling must conform to the EPA registration. Federal and state law prohibit sale or use inconsistent with label directions. Wisconsin and other states work with EPA to assure proper use and handling of pesticides.
States may regulate pesticide applications within their own territory. States may act on their own authority (independent of EPA), and may establish use restrictions that go beyond federal label restrictions. Wisconsin currently has restrictions on the use of metam sodium pesticides that go beyond federal label restrictions.
Surrounding State Regulations
Other states, like Wisconsin, regulate pesticide applications generally. However, none of the states surrounding Wisconsin has adopted specific requirements for metam sodium or chloropicrin applications, beyond requirements specified on the federally-approved pesticide labels.
Business Impact
Businesses Affected
This rule regulates commercial pesticide applicators and agricultural producers that apply or receive applications of metam sodium and chloropicrin soil fumigants. Many of the regulated businesses are small businesses, but others are large. Most of the regulated farmers are potato growers.
This rule protects neighboring farms and businesses from adverse effects of improper soil fumigant applications. Many of the protected businesses are small businesses.
Effects on Business
This rule imposes new regulations on the use of chloropicrin soil fumigants (see above). Approximately 71,000 acres of potatoes were planted in Wisconsin in 2004. Chloropicrin is currently applied on approximately 2,000 acres of potatoes and 25 acres of state-owned seedling nurseries in Wisconsin. Chloropicrin applications are made by commercial pesticide applicators that have the equipment and expertise to handle and apply chloropicrin. Chloropicrin-treated acreage is expected to increase due to pest problems and the efficacy of chloropicrin products.
DATCP estimates that this rule will cost $8,000 to $12,000 per year for the industry as a whole, mainly for increased costs of applying chloropicrin to approximately 2,000 acres of potatoes. Increased pesticide applicator costs will generally be passed on to farmers. Most of the farms that use chloropicrin are small businesses, but the single largest user (accounting for approximately 25% of the treated acreage) is not a small business.
This rule relaxes some current requirements related to metam sodium applications (post-application inspection requirements and setbacks for “tarped" applications). Farmers and pesticide application businesses that apply metam sodium soil fumigants may experience a small decrease in costs as a result of these changes.
By establishing clear application standards and procedures, this rule protects neighboring farms, businesses and individuals from improper applications. It also helps protect complying pesticide users from liability for offsite movement.
This rule applies to large and small businesses alike. An exemption for small business would undermine the effectiveness of the rule in preventing human exposure to metam sodium and chloropicrin. This rule will not have a significant adverse economic impact on small business. Therefore, it is not subject to the delayed small business effective date provision in s.
227.22 (2) (e), Stats.
Fiscal Impact
This rule will not have a significant fiscal impact on Wisconsin state or local government. DATCP will incur some costs for compliance monitoring. However, DATCP expects to absorb those costs. The fiscal estimate is based on the current use of chloropicrin in Wisconsin.
Environmental Impact
This rule regulates chloropicrin soil fumigant applications to prevent potentially hazardous off-site movement of volatilized chloropicrin. This will help prevent harm to human beings and sensitive animal species.
This rule will relax some current regulations related to applications of metam sodium soil fumigant (post-application inspection requirements and setbacks for “tarped" applications). However, this relaxation will not significantly reduce current safety protection, and will not have a significant adverse environmental impact.
Notice of Hearing
Dentistry Examining Board
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Dentistry Examining Board in ss.
15.08 (5) (b),
227.11 (2) and
447.02 (2) (b), Stats., and interpreting s.
447.02 (2) (b), Stats., the Dentistry Examining Board will hold a public hearing at the time and place indicated below on emergency rules to amend the effective date of
CR 04-095, relating to the requirements for administering the office facilities and equipment for safe and effective administration and the applicable standards of care, and to provide for reporting of adverse occurrences related to anesthesia administration.
Hearing Date, Time and Location
Date: January 31, 2007
Time: 9:00 a.m.
Location: 1400 East Washington Avenue
Room 121C
Madison, Wisconsin
Appearances at the Hearing
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 argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Administrative Rules, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by January 31, 2007, to be included in the record of rule-making proceedings. Analysis prepared by the Department of Regulation and Licensing.
Analysis
Explanation of agency authority: The Dentistry Examining Board has the authority under s.
447.02, Stats., to establish the standards, conditions, and any educational requirements that must be met by a dentist in order to induce anesthesia in connection with the practice of dentistry. Presently, those standards are set forth in Ch.
DE 11. The adopted rules better identify the different levels of anesthesia, including nitrous oxide, anxiolysis, conscious sedation-enteral, conscious sedation-parenteral, deep sedation, and general anesthesia, and the requirements for each level. The rule is intended to ensure that practitioners are adequately trained before they induce anesthesia and that the public is sufficiently protected.
Related statute or rule: There are no related statutes or rules other than those listed above.
Plain language analysis: The purpose of this rule is to delay the effective date of
CR04-095, from January 1, 2007, to July 1, 2007. That rule establishes and modifies the training, certification and staffing requirements for administering sedation and anesthesia at all levels performed in the course of dental practice. A system of permits issued by the Department of Regulation and Licensing, which designates by class the various levels of sedation and anesthesia practice, was established. Office facility and equipment prerequisites for safe and effective administration are delineated, the applicable standards of care are specified, and the procedure necessary for reporting adverse occurrences related to anesthesia administration is described.
These requirements emerged from recent efforts by state licensing boards to regulate “oral conscious sedation." Oral conscious sedation drugs are being marketed to dentists for the purpose of managing patient anxiety surrounding dental work in patients that remain conscious throughout the procedure.
Summary of, and comparison with, existing or proposed federal regulation:
No proposed or existing federal regulation intended to address oral conscious sedation currently exists.
Comparison with rules in adjacent states:
Illinois
The Illinois Dental Practice Act contains specific provisions governing anesthesia. Permits are required for the administration of conscious sedation. Dentists are required to have specialized training and office facilities must contain certain equipment Adverse occurrences are also required to be reported. Permits must be renewed biennially. Additional information is available at the Illinois website:
http://www.ildpr.com/WHO/ARpropsd/WEBdentrules.pdf
Indiana
The Indiana State Board of Dentistry requires dentists to obtain a permit prior to administering general anesthesia, deep sedation, or light parenteral conscious sedation. Education and training are required to obtain such permits. Permits must be renewed biennially. Five hours of continuing education are required for permit renewal. Certain emergency equipment is also required. Additional information is available at Indiana's website:
http://www.ai.org/legislative/iac/T08280/A00030.PDF
Iowa
The Iowa Board of Dental Examiners requires a permit for the administration of deep sedation, general anesthesia, and conscious sedation. Dentists are required to have specialized training and office facilities must contain certain equipment. Adverse occurrences are also required to be reported Six hours of continuing education are required for permit renewals. Additional information is available at Iowa's website:
http://www.legis.state.ia.us/Rules/Current/iac/650iac/65029/65029.pdf
Michigan
Minnesota
The Minnesota Board of Dentistry has rules governing general anesthesia and conscious sedation. Education and training are required for both. However, no special permit is issued. Additional information is available at Minnesota's website:
http://www.revisor.leg.state.mn.us/arule/3100/3600.html
Summary of factual data and analytical methodologies:
The Dentistry Examining Board gathered information from various entities involved in promoting oral conscious sedation and others experienced in regulating the practice. Dr. Joseph Best, Clinical Assistant Professor at Marquette University School of Dentistry, presented information to the board in March, 2003. Dr. Jason Goodchild, representing The Dental Organization for Conscious Sedation, delivered a presentation to the board in May, 2003. Initially, the board decided its focus in regulating oral conscious sedation should be on how it is advertised, how it is titrated so that overdosing is prevented, and how many hours of adequate training and what level of clinical experience should be required to administer it. The subject was further discussed at the American Association of Dental Examiners' 2003 annual meeting in San Francisco. The board held open session discussions as the rules process advanced, and legal counsel reviewed the rules of other states. Eventually the focus of the board broadened, resulting in revision of the board's anesthesia rule with sedation levels identified and a system of permits required for various levels of anesthesia.
Anticipated costs incurred by private sector:
The Department of Regulation and Licensing has determined that this rule has no significant fiscal effect on the private sector.
Fiscal Estimate
See attached.
Effect on small business:
These proposed rules will have no significant economic impact on small businesses, as defined in s.
227.114 (1) (a), Stats. The Department's Regulatory Review Coordinator may be contacted by email at
larry.martin@drl.state.wi.us, or by calling (608) 266-8608.
Agency contact person
Pamela Haack, Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708-8935. Telephone: (608) 266-0495. Email:
pamela.haack@drl.state.wi.us.
Place where comments are to be submitted and deadline for submission:
Comments may be submitted to Pamela Haack, Paralegal, Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935. Email
pamela.haack@drl.state.wi.us. Comments must be received on or before January 31, 2007, to be included in the record of rule-making proceedings.
TEXT OF RULE
SECTION 1. Rules adopted by the Dentistry Examining Board under
CR04-095 shall be effective July 1, 2007.
This emergency rule shall take effect on December 29, 2006.
Notice of Proposed Rule
Elections Board
NOTICE IS HEREBY GIVEN that pursuant to ss.
5.05 (1) (f),
5.93, and
227.11 (2) (a), Stats., and interpreting ss.
5.02 (6m),
(14),
(17),
6.27,
6.29,
6.33,
6.34,
6.36,
6.40,
6.48,
6.50,
6.54,
6.55, and
6.56, Stats., and according to the procedure set forth in s.
227.16 (2) (e), Stats., the State of Wisconsin Elections Board will adopt the following rule as proposed in this notice without public hearing unless within 30 days after publication of this notice, on
January 15, 2007, the Elections Board is petitioned for a public hearing by 25 persons who will be affected by the rule; by a municipality which will be affected by the rule; or by an association which is representative of a farm, labor, business, or professional group which will be affected by the rule.
Analysis Prepared by State Elections Board
2. Statutes interpreted: ss.5.02 (6m), (14), (17), 6.27, 6.29, 6.33, 6.34, 6.36, 6.40, 6.48, 6.50, 6.54, 6.55, and 6.56, Stats.
3. Explanation of agency authority: In 2002, Congress enacted the Help America Vote Act to address problems and issues that surfaced in the 2000 presidential election. Section 303(a)(5)(A)(i) of the Act provided that “an application for voter registration for an election for Federal office may not be accepted or processed by a state unless the application includes ? in the case of an applicant who has been issued a current and valid driver's license, the applicant's driver's license number." To comply with federal law, but also to avoid disenfranchising those Wisconsin election day registrants who have been issued a current and valid Wisconsin driver's license but do not provide that number on their registration form, the Board has adopted ElBd s.3.04, providing for the issuance of a provisional ballot to those registrants, pursuant to s.
6.97, Stats. Under that statute, the provisional ballot will be counted if the registrant casting a provisional ballot provides his or her driver's license number to the clerk of the municipality in which the registrant has voted, not later than 4:00 p.m., on the day following the election.
Previously, the Board's policy had been to process the election day registration of those registrants who failed to list their driver's license number on their registration application, if they had provided, on their registration form, a Wisconsin-issued Identification Card Number or the last four digits of their Social Security Number. Whether that policy complied with federal law had been in issue. To assure that Wisconsin's practice complies with federal law, the Elections Board proposes to promulgate the following rule providing for the issuance of a provisional ballot to those Wisconsin election day registrants who have been issued a current and valid Wisconsin driver's license but do not provide that license number on their registration form. This rule is consistent with both federal and state law and has been approved by the U. S. Department of Justice.
4. Related statute(s) or rule(s): Subchapter II of chapter 6, Stats. and ElBd chapter 3, Wis. Adm. Code, Voter Registration.
5. Plain language analysis: The proposed rule provides the method by which persons who are not registered and who do not provide their driver's license number, for whatever reason, may register and vote on election day.
6. Summary of, and comparison with, existing or proposed federal regulations: The rule is consistent with Section 303(a)(5)(A)(i) of the Help America Vote Act, which provides that “an application for voter registration for an election for Federal office may not be accepted or processed by a state unless the application includes ? in the case of an applicant who has been issued a current and valid driver's license, the applicant's driver's license number."
7. Comparison with rules in adjacent states: The rule is consistent with the requirements in Illinois, Iowa, Michigan and Minnesota, similar to those in federal law, that “an application for voter registration for an election for Federal office may not be accepted or processed by a state unless the application includes ? in the case of an applicant who has been issued a current and valid driver's license, the applicant's driver's license number."
8. Summary of factual data and analytical methodologies: Adoption of the rule was predicated on federal and state mandate rather than on any factual data or analytical methodology.
9. Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report: The rule will have no effect on small business nor any economic impact.
10. Effect on small business: The creation of this rule does not affect business.
11. Agency contact person (including e-mail and telephone): George A. Dunst, Legal Counsel, State Elections Board, 17 West Main Street, P.O. Box 2973, Madison, Wisconsin 53701-2973; Phone 266-0136;
(george.dunst@seb.state.wi.us)
12. Place where comments are to be submitted and deadline for submission: State Elections Board, 17 West Main Street, P.O. Box 2973, Madison, WI 53701-2973; (elections.state.wi.us)
Pursuant to the authority vested in the State of Wisconsin Elections Board by ss.
5.05 (1) (f) and
227.11 (2) (a), Stats., the Elections Board hereby creates Rule ElBd 3.04 interpreting ss.
5.02 (6m),
(14),
(17),
6.27,
6.29,
6.33,
6.34,
6.36,
6.40,
6.48,
6.50,
6.54,
6.55, and
6.56, Stats., as follows:
SECTION 1. ElBd 3.04 is created to read:
ELBD 3.04 Requiring provision of certain information by election-day voter registration applicants. (1) A qualified elector registering to vote at a polling place on election day, who has been issued a current and valid Wisconsin driver's license, shall list his or her Wisconsin driver's license number on the voter registration application before the registration may be accepted or processed and before the person is allowed to vote at any election in Wisconsin. A Wisconsin driver's license that has expired, or has been suspended or revoked, is not a current and valid driver's license.
(2) If a current and valid Wisconsin driver's license has been issued to the registration applicant, but the registration applicant does not list the driver's license number on the registration application, the applicant will be allowed to vote a provisional ballot under s.
6.97, Stats. Individuals voting provisional ballots shall be given the written information required under s.
6.97 (1), Stats. If the person voting a provisional ballot provides his or her driver's license number to the municipal clerk, by any means feasible, including but not limited to in person, email, facsimile or telephone, not later than 4:00 p.m., on the day following the day of the election, the person's ballot will be counted.
(3) If a current and valid Wisconsin driver's license has not been issued to the applicant, the applicant shall list on the registration application either the last four digits of the applicant's Social Security Number, or the Wisconsin Department of Transportation identification card number if one has been issued to the applicant. If neither a driver's license nor a Social Security Number has been issued to the applicant, the applicant shall check the appropriate box on the application before the application may be accepted or processed and the registrant is allowed to vote.
Initial Regulatory Flexibility Analysis
The creation of this rule does not affect business.
Fiscal Estimate
The creation of this rule has no fiscal effect.
Contact Person
George A. Dunst
Legal Counsel, State Elections Board
17 West Main Street, P.O. Box 2973
Madison, Wisconsin 53701-2973; Phone 266-0136
Notice of Hearing
Public Service Commission
Hearing Date: Friday, January 26, 2007 - 1:30 p.m.
Hearing Location: Public Service Commission, 610 North Whitney Way, Madison, WI (Amnicon Falls Hearing Room - 1st Floor)
This docket uses the Electronic Regulatory Filing system (ERF)
Comments Due: Friday, January 26, 2007 - 4:00 p.m.
FAX Due: Thursday, January 25, 2007 - 4:00 p.m.
Address Comments to:
Sandra J. Paske, Secretary to the Commission
Public Service Commission
P.O. Box 7854
Madison, WI 53707-7854
FAX (608) 266-3957
The Public Service Commission of Wisconsin proposes an order to create ch.
PSC 137 relating to energy efficiency and renewable resource programs.
Analysis Prepared by the Public Service Commission of Wisconsin
Statute interpreted: s.
196.374, Stats.
2005 Wisconsin Act 141 substantially revised Wisconsin law regarding the energy efficiency programs and renewable resource programs that public utilities offer to their customers and retail electric cooperatives offer to their members. This act, whose general effective date is July 1, 2007, replaces the programs that the Department of Administration had previously been administering, which were commonly known as the “Focus on Energy." The Department contracted with third parties to implement these programs and the customers of electric and gas utilities paid for the programs either through public benefits fees or mandatory utility contributions.
Act 141 provides that the investor-owned electric and gas utilities must collectively establish and fund statewide energy efficiency and renewable resource programs. The energy utilities must contract with one or more program administrators to develop and run the programs, soliciting for program administrators on a competitive basis. The proposed rules specify the application requirements and procedures for conducting such a solicitation. The rules prescribe the procedures the energy utilities must use for contracting with program administrators, identifying the criteria for evaluating responses to their solicitation and discussing methods by which the energy utilities may appeal decisions of the Commission concerning their selection criteria and their contracts with program administrators.
The proposed rules also set forth minimum requirements for the portfolio of statewide programs. These programs must: serve all customers (except those served by a utility-administered program or by a large energy customer's self-directed program); deliver environmental benefits; allocate at least 10 percent of the available funds for energy efficiency programs that serve local government and agricultural producers; establish performance goals, collect appropriate data for tracking performance, and report on performance results; include strategies to overcome market barriers and support the effective delivery of statewide programs; fund research and development projects; ensure equal opportunities for eligible customers to participate; and deliver programs that pass a portfolio test of net cost-effectiveness. The energy utilities must notify the Commission of their intent to sign a collective contract for statewide programs. The proposed rules explain the minimum requirements of such a contract and provide a method by which the energy utilities can dispute Commission decisions to modify or reject a proposed contract.
Under Act 141, municipal electric utilities and retail electric cooperatives must charge monthly fees to continue their “Commitment to Community" programs. Act 141 also permits these energy providers to contribute the fees to statewide programs and substitute the statewide programs for the Commitment to Community programs. A municipal utility or retail electric cooperative that does so makes a 3-year commitment to the statewide programs. The proposed rules explain the procedures for delivering these fees to a fiscal agent and tracking the contributions of municipal utilities and retail electric cooperatives.
Act 141 allows an energy utility, with the Commission's approval, to administer energy efficiency programs that it provides to large commercial, industrial, institution, or agricultural customers. Act 141 provides that the funding available for such a “utility-administered" program will come from moneys that would otherwise be available for statewide programs. The proposed rules state that funding for a utility-administered program must equal the revenues collected from the energy utility's customers who are eligible for the program, less any funds set aside for statewide renewable resource programs. Act 141 further provides that an energy utility can voluntarily choose to administer or fund additional energy efficiency or renewable resource programs, above and beyond its legal requirements. The law requires that these programs also require the Commission's approval. The proposed rules set forth minimum criteria for the utility-administered programs and for voluntary utility programs, and explains how an energy utility can contest Commission decisions to modify or deny an energy utility's request to initiate either of these programs.
Act 141 prescribes a method by which a “large energy customer" can conduct its own energy efficiency program, which is funded out of moneys the customer would otherwise pay to finance the statewide programs. By law, a large energy customer is defined as a customer whose facility consumes at least 1,000 kilowatts of electricity per month or at least 10,000 decatherms of natural gas per month and who is billed at least $60,000 in a month for electric and gas services. Under the proposed rules the Commission will determine the annual funding level for each large energy customer. The law requires the Commission's prior approval of a large energy customer program; the proposed rules establish the minimum requirements for these programs and the method by which a large energy customer can dispute Commission decisions to modify or deny a request to implement such a program.
Initial Regulatory Flexibility Analysis
The rule will have no effect on small businesses.
TEXT OF PROPOSED RULE
The text of the proposed rule is set forth at psc.wi.gov. Use the docket number 1-AC-220 to find the proposed rule order attached to notice of hearing.
Fiscal Estimate
the proposed rules will replace the existing statewide Energy Efficiency and Renewables Program at DOA and move the monitoring of the new Program to the PSC. It is expected there will be the same number of state staff, at about the same costs, working on the programs as there are now at DOA. Therefore, the result of the creation of these rules do not increase or decrease state expenditures. WI Act 141 provides for certain expenditures by local governments, however, the rules merely implement these requiremenets and in and of themselves do not increase or decrease local costs.
There is also no financial impact on the private sector.
Notice of Hearing
NOTICE IS GIVEN that pursuant to s.
227.16 (2) (b), Stats., the Commission will hold a public hearing on these proposed rule changes on Friday,
January 26, 2007, at 1:30 p.m. in the Amnicon Falls Hearing Room at the Public Service Commission Building, 610 North Whitney Way, Madison, Wisconsin, and continuing at times to be set by the presiding Administrative Law Judge. This building is accessible to people in wheelchairs through the Whitney Way first floor (lobby) entrance. Parking for people with disabilities is available on the south side of the building. Any person with a disability who needs additional accommodations should contact the docket coordinator listed below.
Written Comments
Any person may submit written comments on these proposed rules. The hearing record will remain open for written comments from the public until January 26, 2007. All written comments must include a reference on the filing to docket 1-AC-220. File by one mode only.
Industry: File comments using the Electronic Regulatory Filing system. This can be accessed from the Commission's website psc.wi.gov.
Members of the Public:
If filing electronically: Use the Public Comments system or the Electronic Regulatory Filing system. Both of these can be accessed from the Commission's website psc.wi.gov.
If filing by mail, courier, or hand delivery: Address your comments as shown in the box on page 1.
If filing by fax: Send fax comments to (608) 266-3957. Fax filing cover sheet must state “Official Filing", the docket number 1-AC-220, and the number of pages (limited to 25 pages for fax comments).
Contact Peron
Questions regarding this matter may be directed to docket coordinator Carol A. Stemrich at (608) 266-8174. Media questions should be directed to Linda Barth, Director of Governmental and Public Affairs at (608) 266-9600. Hearing or speech-impaired individuals may also use the Commission's TTY number, if calling from Wisconsin (800) 251-8345, if calling from outside Wisconsin (608) 267-1479.
The Commission does not discriminate on the basis of disability in the provision of programs, services, or employment. Any person with a disability who needs accommodations to participate in this proceeding or who needs to get this document in a different format should contact Carol Stemrich, as indicated in the previous paragraph, as soon as possible.
Notice of Hearing
Workforce Development
(Labor Standards)
NOTICE IS HEREBY GIVEN that pursuant to Section
105.115 (5), Stats., as created by
2005 Wisconsin Act 197, and s.
227.11 (2) (a), Stats., the Department of Workforce Development proposes to hold a public hearing to consider rules relating to notice to home care consumers and workers and affecting small businesses.
Hearing Information
Thursday, January 25, 2007 at 1:30 p.m.
G.E.F. 1 Building, B103
201 E. Washington Avenue
Madison
Interested persons are invited to appear at the hearing and will be afforded the opportunity to make an oral presentation of their positions. Persons making oral presentations are requested to submit their facts, views, and suggested rewording in writing.
Visitors to the GEF 1 building are requested to enter through the left East Washington Avenue door and register with the customer service desk. The entrance is accessible via a ramp from the corner of Webster Street and East Washington Avenue. If you have special needs or circumstances regarding communication or accessibility at the hearing, please call (608) 267-9403 at least 10 days prior to the hearing date. Accommodations such as ASL interpreters, English translators, or materials in audiotape format will be made available on request to the fullest extent possible.
Analysis Prepared by the Department of Workforce Development
Explanation of agency authority. Section
105.115, as created by
2005 Wisconsin Act 197, requires a home care placement agency that places a home care worker in the residence of a home care consumer to provide the following notices:
• Notice to the home care consumer of the consumer's duties, responsibilities, and liabilities with respect to the home care worker, unless the worker is temporarily substituting for the consumer's regular home care worker.
• Notice to the home care worker stating the worker's employment status, specifically, whether the worker is an employee of the home care placement agency, an employee of the home care consumer, or an independent contractor.
Section
105.115, Stats., specifies additional information that must be included in each of the notices and requires that the notices be on forms prescribed by the Department. Among other things, the notice to the home care consumer must contain a statement acknowledging that the home care consumer has received and understands the notice and a line for the home care consumer's signature located immediately below that statement. The home care placement agency must give the home care consumer one copy of the notice signed by the home care consumer and retain one copy in its files. Among other things, the notice to the home care worker must contain a statement acknowledging that the home care worker has received and understands the notice and a line for the home care worker's signature located immediately below that statement. The home care placement agency must also give the home care worker one copy of the notice signed by the home care worker and retain one copy in its files.
Section
105.115 (4), Stats., allows a home care consumer or worker who is not provided with a required notice to either file a complaint with the Department or commence an action in circuit court to recover specified incurred liabilities and damages from the home care placement agency. The complaint must be filed with the Department or the action commenced in circuit court no later than 3 years after the date on which the home care placement agency was required to provide the notice.
If the consumer or worker files a complaint with the Department and the home care placement agency does not pay the amount determined by the Department within 30 days after demand by the Department, the Department may commence an action in circuit court to recover that amount, and the circuit court may order the home care placement agency to pay to the consumer or worker that amount, plus an additional amount equal to 50% of that amount, together with costs and reasonable attorney fees.
Summary of the proposed rules. The proposed rules provide that the home care placement agency must have in its files a copy of the required notice to the home care consumer signed by the consumer and the required notice to the home care worker signed by the worker before the agency refers a home care worker to a home care consumer. “Refer" is defined as to bring to the attention of a potential home care consumer the qualifications of a potential home care worker.
Section
105.115 (2) (intro.), Stats., provides that the agency is not required to provide the notice to the home care consumer when placing a home care worker who is temporarily substituting for the regular home care worker of a home care consumer. The proposed rules define “temporarily substituting" as no more than 2 weeks per incident.
A home care placement agency shall retain the required notices at least 4 years from the date that the home care agency referred the home care worker to the consumer if the home care worker and home care consumer enter into an employment agreement or contract for services.
Summary of factual data and analytical methodologies. The proposed rule requires that the home care placement agency provide the required notices and have the signed copies in its files before the placement agency refers the worker to the consumer because the agency refers potential workers to a potential home care consumer for an interview, but is not generally involved further. The home care consumer and home care worker would not likely have incentive to return the signed notice to the agency after the referral has occurred. The home care placement agency must retain copies of the notices for 4 years to ensure proper record retention until after the 3-year statute of limitations has passed.
Comparison with federal law. There is no comparable federal law on the issues in the proposed rule.
Comparison with adjacent states. Illinois. Before January 1, 2008, the Illinois Department of Public Health must adopt standards for the licensure and operation of home services agencies operated in the state. “Home services agency" is defined as an agency that provides services directly, or acts as a placement agency, for the purpose of placing individuals as workers providing home services for consumers in their personal residences, except agencies licensed under specified other laws or services provided through specified government programs.
As one of the requirements for licensure, a home services agency must provide notification, in a form and manner established by the Department of Public Health by rule, to home services workers and consumers as to the party or parties responsible under state and federal laws for payment of employment taxes, Social Security taxes, and workers' compensation, liability, the day-to-day supervision of workers, and the hiring, firing, and discipline of workers with the placement arrangement for home services.
The department is not aware of comparable requirements in other adjacent states.
Effect on small business. The proposed rule may affect small businesses. The rule is designed to assist home care placement agencies in fulfilling their statutory obligation to have signed copies of the required notices in their files and to retain the notices long enough that they are available as a defense to a complaint or action in circuit court filed alleging a violation of s.
105.115, Stats. The DWD Small Business Regulatory Coordinator is Jennifer Jirschele, (608) 266-1023,
jennifer.jirschele@dwd.state.wi.us.\
Fiscal Impact
The proposed rule will have no fiscal impact on state or local government.
Agency contact person. Bob Anderson, Labor Standards Bureau Director, Equal Rights Division, Dept. of Workforce Development,
bob.anderson@dwd.state.wi.us, (608) 266-3345.
Written comments. An electronic copy of the proposed rules is available at:
http://www.dwd.state.wi.us/dwd/hearings.htm. A copy of the proposed rules is also available at
http://adminrules.wisconsin.gov. This site allows you to view documents associated with this rule's promulgation, register to receive email notification whenever the Department posts new information about this rulemaking order, and submit comments and view comments by others during the public comment period. You may receive a paper copy of the rule or fiscal estimate by contacting:
Elaine Pridgen
Office of Legal Counsel
Dept. of Workforce Development
P.O. Box 7946
Madison, WI 53707-7946
(608) 267-9403
Written comments on the proposed rules received at the above address, email, or through the
http://adminrules.wisconsin.gov web site no later than January 25, 2007, will be given the same consideration as testimony presented at the hearing.
