3. Corrective actions for any water system with a significant deficiency or source water fecal contamination indicator. The water system must implement one or more of the following actions:
• correct all significant deficiencies,
• eliminate the source of contamination,
• provide an alternate source of water, or
• provide treatment which reliably achieves 99.99 percent (4-log) inactivation or removal of viruses.
4. Compliance monitoring to ensure that any treatment technology installed to treat drinking water reliably achieves at least 99.99 percent (4-log) inactivation or removal of viruses.
The GWR will require the addition of water treatment design, construction, and operation to ch.
NR 811-
Requirements for the Operation and Design of Community Water.
These updates will include the standards needed to approve treatment system design and construction for community water systems to provide 4-log inactivation or removal of viruses for public water systems using groundwater as their water source. The applicability of treatment and operational requirements under the GWR is required of all public water systems, including non-community public water systems; requiring that either an additional administrative code be written to deal with the operational and treatment monitoring requirements for non-community systems or that operation and monitoring of all treatment systems be split out in to a separate administrative code and cover all PWS.
Description of Policy Issues/Analysis of Policy Alternatives
To maintain primacy, Wisconsin must adopt all federal requirements under the Safe Drinking Water Act (SDWA) or have requirements that are equal to or more stringent then the SDWA. The EPA has provided the states with a choice of which fecal indicator can be used for compliance monitoring under the GWR (chosen from the following: E. coli, enterococci, or coliphage). The GWR provides the states with the option of requiring additional source water monitoring or targeting high risk systems for additional source water monitoring. Additionally, the treatment criteria for providing 4 log inactivation/removal of viruses are to be established by the states, with help provided by EPA in the form of guidance manuals.
In order to encompass operation and monitoring of treatment processes required under the GWR, for all public water systems, the Department proposes to restructure chs.
NR 809 and
NR 811 and create ch.
NR 810.
• Ch.
NR 809 - would be restructured to include only compliance monitoring requirements of the SDWA.
• Ch.
NR 811- would be restructured to include only design and construction requirements for community water systems.
• Ch.
NR 810 would be created to include the requirements for the operation and maintenance of all public water systems including the daily operation of water production, treatment and distribution.
Restructuring of the administrative codes will also allow corrections and updates that need to be added to ch.
NR 811. By creating separate administrative codes for design/construction of community water systems and operation/maintenance of all public water systems the requirements will be less cumbersome and more straightforward to use.
The Department proposes to conduct a meeting for stakeholders to discuss the various options available for both the GWR and administrative code restructuring. Small work groups will be formed on issues identified at the stakeholder meeting as needing input.
Statutory Authority
Sections
280.11 and
281.17(8) Stats and the Department's primacy agreement with EPA require the Department to adopt rules at least as stringent as the federal regulations.
Estimate of Time Needed to Develop the Rule
2000 hours
Summary and Comparison With Existing or Proposed Federal Regulations
This rule change will allow the Department regulations to remain as stringent as the EPA regulations so that the Department will maintain primacy (“primary enforcement authority") for the affected regulation. States with primacy are eligible for federal funding from EPA. Failure to adopt these federal drinking water regulations into state regulation could result in a decrease or withdrawal of federal funding to Wisconsin's Drinking Water State Revolving Loan Fund. There are no comparable federal standards on the design, construction, operation and maintenance of public water systems.
Contact Person
Lee H. Boushon, Bureau of Drinking Water and Groundwater, P.O. Box 7921, Madison, WI 53707; (608) 266-0857;
Lee.Boushon@Wisconsin.gov
Regulation and Licensing
Subject
Revisions to administrative rules relating to the regulation of licensed and certified real estate appraisers (chs.
RL 80-
87).
Policy Issues
Objective of the Rule
To clarify and update the administrative rules relating to the regulation of licensed and certified real estate appraisers. Recommended changes relate to:
Revisions to the application, examination, experience, qualifying education, continuing education and renewal requirements for licensed and certified real estate appraisers to reflect changes made to the Real Property Appraiser Qualification Criteria and Interpretations of the Criteria adopted by the Appraiser Qualifications Board (AQB) of the Appraisal Foundation.
Revisions to the experience audit requirements for licensed and certified real estate appraisers to reflect the changes to Statement 10 of the Policy Statements Regarding State Certification and Licensing of Real Estate Appraisers proposed by the Appraisal Subcommittee of the Federal Financial Institutions Examination Council.
Revisions relating to unprofessional conduct.
Clarity, grammar, punctuation, and use of plain language.
Existing Policies Relevant to the Rules, New Policies Proposed and Analysis of Policy Alternatives
Existing policies are contained in Chapters
RL 80-
87 and Appendix
I, Wis. Admin. Code. The proposal would revise:
Definitions; application, examination, experience, qualifying education, continuing education and renewal requirements; rules of unprofessional conduct; and minor, technical and grammatical changes.
Statutory Authority
Existing or Proposed Federal Legislation
(A) Federal Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (“FIRREA")
(1) In General
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."
Under FIRREA, the Appraisal Subcommittee of the Federal Financial Institutions Examination Council is required to monitor state appraiser certifying and licensing agencies for the purpose of determining whether a state agency's policies, practices, and procedures are consistent with the federal law. The Appraisal Subcommittee may not recognize appraiser certifications and licenses from states whose appraisal policies, practices, or procedures are found to be inconsistent with FIRREA. Before refusing to recognize a state's appraiser certifications or licenses, the Appraisal Subcommittee must provide that state's certifying and licensing agency with a written notice of its intention not to recognize the state's certified or licensed appraisers and ample opportunity to provide rebuttal information or to correct the conditions causing the refusal. A decision of the Subcommittee to refuse to recognize a state's appraiser certifications or licenses is subject to judicial review.
12 U.S.C. 3331 et seq.
In 1997, the Appraisal Subcommittee adopted the
Policy Statements Regarding State Certification and Licensing of Real Estate Appraisers, which all states must comply with [The Appraisal Subcommittee's Policy Statements are available at
http://www.asc.gov.]
(2) Appraiser Qualifications
Under FRREA, the state criteria for the qualifications of
certified real estate appraisers must meet the minimum qualifications criteria for certification established by the Appraiser Qualifications Board (AQB) of the Appraisal Foundation. The minimum qualifications criteria established by the AQB are set forth in the
Real Property Appraiser Qualification Criteria and Interpretations of the Criteria (“Criteria"). The AQB Criteria includes the minimum experience, examination, qualifying education and continuing education requirements that must be satisfied by an individual in order to obtain and maintain a certified appraiser credential. [The AQB Criteria is available on the Internet at:
http://www.appraisalfoundation.org.]
Under FIRREA, the states may establish their own qualifications and requirements for licensed appraiser credentials. The states are not obligated to adopt the minimum experience, examination, education and continuing education requirements recommended by the AQB for the licensure of real estate appraisers. However, the Appraisal Subcommittee recommends that all states adopt the AQB Criteria established for the licensure of real estate appraisers.
Entities Affected by the Rule
Licensed and certified real estate appraisers, lenders, and owners of real estate.
Estimate of Time Needed to Develop the Rule
300 hours
Regulation and Licensing
Subject
Revisions to administrative rules relating to the regulation of licensed and certified appraisers (ch.
RL 87, Appendix
I).
Policy Issues
Objective of the Rule
The proposed rule will repeal and recreate ch.
RL 87, Appendix
I, to incorporate by reference the revisions to the 2006 edition of the Uniform Standards of Professional Appraisal Practice (USPAP) that is published by the Appraisal Standards Board (ASB) of the Appraisal Foundation.
Existing Policies Relevant to the Rules, New Policies Proposed and Analysis of Policy Alternatives
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.
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.
Existing or Proposed Federal Legislation
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.
12 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.
Entities Affected by the Rule
Licensed and certified appraisers, lenders, and owners of real estate.
Estimate of Time Needed to Develop the Rule
100 hours
