Submission of Written Comments
Interested persons are invited to appear at the hearing and present comments on the proposed rules. Persons making oral presentations are requested to submit their comments in writing, via e-mail. Persons submitting comments will not receive individual responses. The hearing record on this proposed rulemaking will remain open until March 5, 2008, to permit submittal of written comments from persons who are unable to attend the hearing or who wish to supplement testimony offered at the hearing. All written comments should be submitted by e-mail to
srockweiler@commerce.state.wi.us. If e-mail submittal is not possible, written comments may be mailed to Sam Rockweiler, Department of Commerce, Division of Environmental and Regulatory Services, P.O. Box 14427, Madison, WI 53708-0427.
Agency Contact Person
Betty Kalscheur, Wisconsin Department of Commerce, Bureau of Local Development, 201 West Washington Avenue, Madison, WI 53703; Telephone (608) 267-6904; Email
Betty.Kalscheur@wisconsin.gov
Copy of Rule
The proposed rules and an analysis of the rules are available on the Internet, by entering “Comm 156" in the search engine at the following Web site:
http://adminrules.wisconsin.gov. Paper copies may be obtained without cost from Betty Kalscheur at the Wisconsin Department of Commerce, Bureau of Local Development, 201 West Washington Avenue, Madison, WI 53703; or at Telephone (608) 267-6904; or at
Betty.Kalscheur@ wisconsin. gov. Copies will also be available at the public hearing.
Analysis Prepared by Department of Commerce
Statutes interpreted
Statutory authority
Explanation of agency authority
Section
560.285 (3) of the Statutes authorizes the Department to promulgate rules for establishing a program that will provide financial assistance to (1) persons engaged in the disposal of abandoned manufactured homes, (2) municipalities for supporting environmentally sound disposal practices, and (3) individuals who reside in manufactured homes which are in need of critical repairs. Section
227.11 (2) (a) of the Statutes authorizes the Department to promulgate rules interpreting the provisions of any Statute administered by the Department.
Related statute or rule
The Department has rules for several other programs associated with financial assistance for housing and communities, but those programs do not address recycling of manufactured housing, and do not address rehabilitation of manufactured housing in the manner addressed by these rules.
Plain language analysis
These rules establish the criteria for administering a manufactured housing rehabilitation and recycling grant program that will provide financial assistance to (1) persons engaged in the disposal of abandoned manufactured homes, (2) municipalities supporting environmentally sound disposal practices, and (3) individuals who reside in manufactured homes which are in need of critical repairs.
The rules specify who is eligible to apply for and administer the program. In addition, the rules establish eligible activities, eligible properties, and eligible costs. Parameters for allocating the funds are likewise specified. These parameters emphasize (1) the applicant's capacity to complete the proposed activities, (2) technical expertise with manufactured housing, (3) geographic coverage of activities, and (4) performance in administering other housing programs.
Comparison with federal regulations
An Internet-based search of the
Code of Federal Regulations for grants for manufactured housing found regulations for rental rehabilitation grants in
24 CFR 511. These grants can be used for rehabilitation of manufactured rental housing units that are on a permanent foundation, have permanent utility hook-ups, are designed for use as a permanent residence, and meet the Section 8 housing quality standards for manufactured homes in
24 CFR 882.109(o). No other existing federal regulations for grant programs for rehabilitation or recycling of manufactured housing were revealed.
An Internet-based search for grants for manufactured housing in the 2006 and 2007 volumes of the Federal Register did not identify any proposed federal regulation that addresses rehabilitation or recycling of manufactured housing.
Comparison with rules in adjacent states
An Internet-based search of rules in adjacent states found rules in Minnesota for owner-occupied single-family rehabilitation programs. These programs can assist owners of manufactured housing, as well as other types of single-family housing, to correct health and safety issues and local code violations. Assistance is limited to households with incomes at or below 80 percent of county median income for the county of residence.
Northfield, Minnesota was found to have a manufactured home rehabilitation grant program. This program provides owners of manufactured homes in Northfield with a grant of up to $2,000 to increase the safety, security and efficiency of their manufactured homes. The income of participating households cannot exceed 80 percent of the area median income. Eligible improvements includes those that remove or repair various health and safety issues or increase energy efficiency; add structural soundness; make the unit accessible; address roofs, windows, doors, floor supports or faulty plumbing; and that will bring the manufactured home up to the prevailing building code.
An Internet-based search of rules for manufactured housing disposal grant programs found no sources of funding in adjacent states.
Factual data and analytical methodologies
The data and methodology for developing these rules were derived from and consisted of incorporating the criteria in section
75 of
2005 Wisconsin Act 45; incorporating applicable best practices the Department has developed in administering similar programs for owner-occupied housing rehabilitation; soliciting and utilizing input from representatives of the stakeholders who are expected to participate in this program; and reviewing Internet-based sources of related federal, state, and private-sector information.
Analysis and supporting documents used to determine effect on small business
The Department solicited input from numerous housing service providers. Emphasis was placed on input relating to minimizing difficulties for businesses or service providers engaged in housing repair/rehabilitation or disposal of abandoned housing units.
Agency Contact Person
Betty Kalscheur, Wisconsin Department of Commerce, Bureau of Local Development, 201 West Washington Avenue, Madison, WI 53703; telephone: 608-267-6904; E-Mail:
Betty.Kalscheur@wisconsin.gov.
Environmental Analysis
NOTICE IS HEREBY GIVEN that the Department has considered the environmental impact of the proposed rules. In accordance with chapter Comm 1, the proposed rules are a Type III action. A Type III action normally does not have the potential to cause significant environmental effects and normally does not involve unresolved conflicts in the use of available resources. The Department has reviewed these rules and finds no reason to believe that any unusual conditions exist. At this time, the Department has issued this notice to serve as a finding of no significant impact.
Initial Regulatory Flexibility Analysis
The rules are not expected to impose any significant costs on small businesses. The rules provide a potential cost benefit to small businesses engaged in the disposal of abandoned manufactured homes.
Types of small businesses that will be affected by the rules
Any nonprofit organization that chooses to apply for grant funding under the rules.
Reporting, bookkeeping and other procedures required for compliance with the rules
Applicants for becoming funded must submit an application that demonstrates their capacity to complete their proposed activities, their technical expertise with manufactured housing, and their performance in other housing programs.
Types of professional skills necessary for compliance with the rules
No new professional skills would be needed for compliance with these rules.
Will the rules have a significant economic impact on small businesses?
No.
Small business regulatory coordinator
The small business regulatory coordinator for the Department of Commerce is Carol Dunn, who may be contacted at telephone (608) 267-0297, or by e-mail at
cdunn@commerce.state.wi.us.
Fiscal Estimate
Summary
Although the proposed rules would newly result in review of documentation relating to awarding grants to nonprofit organizations for rehabilitation and recycling of manufactured housing, the number of these reviews is expected to be too small to result in significant changes in the Department's costs for administering its housing assistance programs. Therefore, the proposed rules are not expected to have any significant fiscal effect on the Department.
The proposed rules are not expected to impose any significant costs on the private sector, because the rules address only voluntary submittal of documentation relating to grants for rehabilitation and recycling of manufactured housing.
State fiscal effect
None
Local fiscal effect
None
Long-range fiscal implications
None
Notice of Hearing
Health and Family Services
NOTICE IS HEREBY GIVEN that pursuant to ss.
253.13 (1) and
227.11 (2), Stats., and interpreting s.
253.13, Stats., the Wisconsin Department of Health and Family Services will hold a public hearing on emergency rules, and permanent rules creating s.
HFS 115.04 (14), relating to screening newborns for Severe Combined Immunodeficiency and related conditions of immunodeficiency (SCID) at the date, time, and location listed below. The Department's emergency rules became effective on January 1, 2008.
Hearing Information
Date and Time
|
Location
|
March 6, 2008
10 am to 12 pm.
|
Dept. of Health and Family
Services
1 W. Wilson Street, Rm. B139
Madison, Wisconsin
|
The hearing site is fully accessible to people with disabilities. If you are hearing impaired, do not speak English or have circumstances that might make communication at a hearing difficult; you require an interpreter or a non-English large print or taped version of the proposed rules, contact the person at the address or telephone number given below at least 10 days before the hearing. With less than 10 days notice, an interpreter may not be available.
Copy of Rules
A copy of the full text of the rules and the fiscal estimate can be obtained at no charge from the Wis. Administrative Rules website at
http://adminrules.wisconsin.gov or by contacting the person listed below.
Submission of Written Comments
Written comments may be submitted at the public hearing or submitted to the contact person listed below. Comments may also be made using the Wisconsin Administrative Rule website at
http://adminrules.wisconsin.gov.
The deadline for submitting comments to the Department is 4:30 p.m. on March 13, 2008.
Agency Contact Person
Alexandria M. Meyer, MS, CGC
Genetic & Newborn Screening Coordinator
Division of Public Health
1 West Wilson Street, Room 233
Madison, WI 53701
Phone: 608-267-7148
Analysis Prepared by the Department of Health and Family Services
Statute interpreted
Statutory authority
Explanation of agency authority
Section
253.13 (1), Stats., stipulates that every infant born in Wisconsin to be subjected to blood tests for congenital and metabolic disorders, as specified in rules promulgated by the department. Section
227.11 (2), Stats., grants each agency rule-making authority, provided it conforms to expressly provided guidelines.
Plain language analysis
The Department in an emergency order effective January 1, 2008, added Severe Combined Immunodeficiency
(SCID) and related conditions of immunodeficiency to the list of congenital and metabolic disorders and types of disorders for which newborns are required to be screened, except when objected to for religious reasons, under s.
HFS 115.04. The early identification of particular congenital and metabolic disorders that are harmful or fatal to persons with the disorders is critical to mitigating the negative effects of such disorders. Persons with SCID are extremely vulnerable to infections, to the degree that the condition is universally fatal without treatment within the first year of life. With an estimated prevalence of 1 in 66,000, and a Wisconsin annual birth rate around 71,000, the failure to screen for SCID could result in the death of 1-2 infants in the state every year.
This proposed permanent rule is intended to replace the emergency rule currently in effect.
When SCID and related conditions of immunodeficiency are permanently added to the list of disorders under s.
HFS 115.04, follow-up and management will be conducted by specialists and primary care physicians. Families of infants will receive intensive counseling and be fully apprised of treatment options and availability. The Wisconsin Congenital Disorders Program is responsible for coordinating the activities of managing specialists, but will not provide direct patient care.
All newborn screening tests are currently paid for by user-generated fees. The State Laboratory of Hygiene charges hospitals $69.50 for each newborn screening sample collection card. Hospitals in turn charge parents for newborn screening, which is typically included in the labor and delivery bill and covered by the mother's insurance. A grant from the Jeffrey Modell Foundation, which is matched by the Children's Hospital of Wisconsin and the Medical College of Wisconsin, will fund the cost of testing for SCID through 2008. For the years 2009, 2010, and 2011, the Wisconsin State Laboratory of Hygiene and Division of Public Health will actively seek additional grant funding in order to continue screening for SCID and related conditions of immunodeficiency, at no cost to the state. If grant funding is not available, the fee for the newborn screening sample card will need to be increased by January 1, 2009. The annual cost of screening an estimated 71,000 births in Wisconsin for SCID and related conditions of immunodeficiency will be approximately $387,000. This increased cost will raise fees by $5.50 per child, for a total screening fee of $75.00 per child screened.
In the absence of this screening, babies who are undiagnosed or diagnosed late with SCID typically cost $1-2 million each to treat (this figure is based on audited costs from Children's Hospital of Wisconsin, the facility which treats children with SCID, but without benefit of early diagnosis). Babies with SCID, diagnosed in the first week of life can be cured by bone marrow transplantation (estimate 75-95% cure rate) at a charge of $170,000/discharge (2005 J Peds, McGhee et.al.) In treating infants with SCID, the state would not assume responsibility for the bone marrow transplantation, since the Congenital Disorders Program historically pays only for initial follow-up visits and confirmatory testing. It is expected that the savings to Medicaid may be substantial for each eligible affected child receiving early diagnosis.
Comparison with federal regulations
