Scope Statements
Commerce
Subject
The rule affects ch.
Comm 131, relating to the diesel truck idling reduction grant program.
Objective of the Rule
The objective is to update the Department's rules for the Diesel Truck Idling Reduction Grant program to be consistent with changes that were enacted in
2007 Wisconsin Act 20 for sections
560.125 (3) (c) and
(4) (c) of the Statutes.
Policy Analysis
Under the current rules, and previous statutory criteria, (1) an applicant pays 30 percent of the eligible costs for each idling reduction unit unless the Department requires payment of a higher percentage; (2) the Department may fund up to the greater of either 25 units or units for 5 percent of the owned truck tractors, for an applicant who owns and operates from 501 to 2500 truck tractors; and (3) the Department may fund units for up to 3 percent of the owned truck tractors, for an applicant who owns and operates more than 2500 truck tractors.
Under the changes enacted in
2007 Act 20, (1) the applicant must pay at least 50 percent of the eligible costs for each idling reduction unit, (2) the 25-unit limit is now 30 units, and (3) the limit for more than 2500 truck tractors is now the greater of either 3 percent or 125 units.
Statutory Authority
Entities Affected by the Rule
The rule will affect common motor carriers, contract motor carriers, and private motor carriers, who transport freight and who apply for a grant under the diesel truck idling reduction grant program.
Comparison with Federal Regulations
Various federal regulations address efforts to decrease emissions of air contaminants or to decrease the use of energy, by motor vehicles.
Particularly pertinent to the proposed rules is a regulation published by the U.S. Environmental Protection Agency (EPA) in the January 18, 2001, Federal Register, under Title 40, Parts 69, 80, and 86, in the Code of Federal Regulations. Through this regulation, the EPA has established a comprehensive national control program for reducing particulate matter and nitrogen-oxide emissions from heavy-duty diesel engines by 90 percent and 95 percent below previous standard levels, respectively. This national program includes stringent, new emission standards that began to take effect in model year 2007 – and a corresponding significant reduction of the level of sulfur in diesel fuels, which is needed to enable engine components to consistently meet the emission standards.
Extensive federal efforts related to this national program are also underway for reducing these emissions by reducing diesel engine idling – such as (1) the EPA's National Clean Diesel Campaign, which is aggressively promoting diesel idling reduction nationwide; (2) the National Transportation Idle-Free Corridors project, as sponsored by the EPA's SmartWay™ Transport Partnership, which aims to eliminate all unnecessary long-duration diesel truck and locomotive idling at strategic points along major transportation corridors; (3) the Clean Cities Program in the U.S. Department of Energy (DOE), which includes addressing research and development for diesel idling reduction technologies, and corresponding funding of national and state-level demonstration projects; (4) the National Idling Reduction Network News, as published monthly by the DOE's Argonne National Laboratory, which summarizes current events and developments nationwide relating to diesel idling reduction; and (5) the Congestion Mitigation and Air Quality Improvement Program in the U.S. Department of Transportation's Federal Highway Administration, which funds retrofitting of heavy-duty diesel engines that results in reducing nitrogen-oxide emissions in air-quality-related nonattainment or maintenance areas. In addition, Sections 792 and 793 of the federal Energy Policy Act of 2005 authorize the EPA to provide $200 million per year, for fiscal years 2007-2011, for grants and loans to states and other eligible entities to achieve significant reductions in diesel emissions, and those funds can be used in programs that use verified technology to reduce long-duration idling of medium- and heavy-duty diesel trucks.
Estimate of Time Needed to Develop the Rule
The Department estimates that it will take approximately 50 hours to develop this rule. This includes drafting the rule and processing the rule through public hearings, legislative review and adoption. The Department will assign existing staff to develop the rule. There are no other resources necessary to develop the rule.
Commerce
Subject
The rule affects ch.
Comm 132, relating to the dairy manufacturing facility investment credit.
Objective of the Rule
The proposed rules would implement the provisions of
2007 Wisconsin Act 20 that relate to certifying applicants and allocating to them tax credits for investments in dairy manufacturing facilities.
Policy Analysis
The Department has rules for several other programs associated with tax credits, but none of those programs relate specifically to investments in dairy manufacturing facilities. The proposed rules are expected to address (1) the eligibility requirements for applicants; (2) the documentation that must be submitted by applicants to become certified as eligible for the dairy manufacturing facility investment credit, and to receive acceptance of incurred expenses for dairy manufacturing modernization or expansion; (3) the Department's response to the submitted documentation; and (4) use of the Department's response when filing a claim with the Department of Revenue for the corresponding tax credit. The alternative of not promulgating these rules would conflict with a directive in section
560.207 (4) of the Statutes, as created in
2007 Wisconsin Act 20, that requires this promulgation in consultation with the Department of Revenue.
Statutory Authority
Entities Affected by the Rule
The rules may affect entities that incur expenses relating to modernization or expansion of dairy manufacturing facilities.
Comparison with Federal Regulations
Neither the Department nor the Department of Revenue is aware of any existing or proposed federal regulation that addresses these tax credits.
Estimate of Time Needed to Develop the Rule
The staff time needed to develop the rules is expected to range from 100 to 200 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.
Corrections
Subject
The rule will amend s.
DOC 332.19, relating to the annual sex offender registration fee.
Objective of the Rule
The objective of the rule is to amend s.
DOC 332.19 to require all persons who are required to register as sex offenders to be charged the annual sex offender registration fee. In addition, the objective of the rule is to limit the use of the sex offender registration fee to offset the costs of monitoring those persons who are required to register. Finally, the objective of the rule is to increase the annual fee to $100 from $50. These fees will be used to partially offset the costs of the sex offender registry program.
Policy Analysis
2005 Wisconsin Act25, Section
2223 created s.
301.45 (10), Stats., which gave the Department of Corrections authority to establish an annual fee to partially offset the costs of monitoring persons who are required to register as sex offenders and who are in the Department's custody or who are on probation, parole or extended supervision. The annual fee was not to exceed $50.00. The Department of Corrections promulgated s.
DOC 332.19 in response to the creation of s.
301.45 (10), establishing a sex offender registration fee.
2007 Wisconsin Act 20, Section
3132 amended s.
301.45 (10), Stats., to expand the persons whom the Department could require to pay the sex offender registration fee from only those in the Department's custody or on probation, parole or extended supervision to all persons required to register. In addition, the amendment of s.
301.45 (10) limited the use of the registration fees to partially offset the costs of monitoring those persons who must register as sex offenders. Finally, the amendment to s.
301.45 (10) increased the maximum annual fee which could be assessed from $50.00 to $100.00.
The alternatives to the proposed policy would result in not charging persons who are currently required to register as sex offenders but who are not in the Department's custody or on probation, parole or extended supervision. Further, if the rule is not changed, it would not limit the use of the sex offender registration fees to offset the costs of monitoring those who are required to register. Finally, the alternative to the proposed policy would be to leave the maximum fee to $50.00 which would limit the amount of funds collected to offset general program revenue funds used to fund the program.
Statutory Authority
Entities Affected by the Rule
The Department expects that the proposed rule will affect its staff and those persons subject to sex offender registration under s.
301.45 (10), Stats.
Comparison with Federal Regulations
There is no current or proposed federal regulation which addresses the subject of the proposed rule.
Estimate of Time Needed to Develop the Rule
The Department estimates that it will take approximately 50 hours to develop this rule, including drafting the rule and complying with rule making requirements.
Corrections
Subject
The rule creates s.
DOC 332.20, relating to establishing a reimbursement rate to offset the costs of monitoring persons subject to GPS tracking or passive positioning system tracking.
Objective of the Rule
The objective of the rule is to establish a reimbursement rate to offset the costs of monitoring persons subject to GPS tracking or passive positioning system tracking. The reimbursement rate will be subject to the department's determination of the individual's ability to pay taking into consideration the factors listed in s.
301.48 (4) (d), Stats.
Policy Analysis
2005 Wisconsin Act 431, Section
8 created §
301.48 (4) (b), Stats., which authorizes the Department of Corrections to require a person who is on GPS tracking or passive positioning system tracking to pay the cost of tracking for that person. The amount each person is required to pay is based on that person's ability to pay as determined by the Department under §
301.48 (4) (a) (2) and
(d). The factors which the Department of Corrections must consider in this determination are: the person's financial resources, the present and future earning ability of the person, the needs and earning ability of the person's dependents, any other costs that the person is required to pay in conjunction with the supervision of the person by the department of corrections or the department of health and family services, and any other factors that the department of corrections considers appropriate.
The alternatives to the proposed policy would result in not establishing a method for assessing persons subject to GPS tracking or passive positioning system tracking for the costs of the program as provided in the legislation. If the Department does not collect the funds under this legislation, then the costs would be fully covered by general program revenue funds.
Statutory Authority
Entities Affected by the Rule
The Department expects that the proposed rule will affect its staff and those persons subject to GPS and passive system monitoring under s.
301.48 (4) (b), Stats.
Comparison with Federal Regulations
There is no current or proposed federal regulation which addresses the subject of the proposed rule.
Estimate of Time Needed to Develop the Rule
The Department estimates that it will take approximately 50 hours to develop this rule, including drafting the rule and complying with rule making requirements.
Corrections
Subject
The rule creates s.
DOC 332.21, relating to establishing a procedure for the Department to determine if global positioning system tracking is appropriate for a person who committed a serious child sex offense or who is under supervision under the interstate corrections compact for a serious child sex offense but who is not subject to lifetime tracking under s.
301.48 (2), Stats., by assessing the person's risk by using a standard risk assessment instrument.
Objective of the Rule
The objective of the rule is to establish a systematic and consistent process for utilizing a standard risk assessment instrument to determine if GPS tracking is appropriate for certain serious child sex offenders.
Policy Analysis
2007 Wisconsin Act 20, Section
3148r created s.
301.48 (2g), Stats., which requires the Department of Corrections to assess a person's risk using a standard risk assessment instrument to determine if GPS tracking is appropriate for the person who committed a serious child sex offense or who is under supervision under the interstate corrections compact for a serious child sex offense.
The alternatives to the proposed policy would result in not establishing a risk assessment process as required under the recently passed legislation.
Statutory Authority
Entities Affected by the Rule
The Department expects that the proposed rule will affect its staff and those persons subject to GPS and passive system monitoring under s.
301.48 (2g), Stats.
Comparison with Federal Regulations
There is no current or proposed federal regulation which addresses the subject of the proposed rule.
Estimate of Time Needed to Develop the Rule
The Department estimates that it will take approximately 200 hours to develop this rule, including drafting the rule and complying with rule making requirements.
Natural Resources
Subject
The rule affects ch.
NR 47, relating to grant funding for catastrophic storm damage caused to urban forests.
Objective of the Rule
The objective is to amend Chapter
NR 47 Subchapter
V, Urban and Community Forestry Grant Program, to establish the process to provide urban forestry grants to counties, cities, villages, towns, tribal governments and 501(c)(3) nonprofit organizations who have been affected by catastrophic storm events. Rule promulgation is necessary to determine application procedures, selection process, funding level, eligible costs, project standards, and other program requirements.
Policy Analysis
The revisions to ch.
NR 47 Subchapter
V, Urban and Community Forestry Grant Program, will make the rule consistent with the changes made by
2007 Act 13 to Section
23.097(1r), Wis. Stats.
2007 Act 13 authorized the expansion of the existing Urban and Community Forestry Grant Program to include awards for the costs of saving, removing, or replacing trees damaged in a catastrophic storm event in an urban area for which the governor has declared a state of emergency.
The revisions will update the following rule sections: applicability, distribution of grant assistance; grant assistance application; grant payments, eligibility criteria, and dispute resolution and arbitration.
Statutory Authority
Section
23.097 (lr), Wis. Stats.
Entities Affected by the Rule
Counties, cities, villages, towns, tribal governments and 501(c)(3) nonprofit organizations that have been affected by catastrophic storm events.
Comparison with Federal Regulations
Currently no assistance is provided to the above listed entities from the Federal Emergency Management Administration (FEMA) for 1) restorative pruning to damaged public or private trees 2) removal and clean up of destroyed trees on private property 3) re-planting of destroyed public or private trees; this program will fill that gap.
Estimate of Time Needed to Develop the Rule
380 hours
Contact Information
Dick Rideout, Urban Forestry Coordinator
101 S. Webster Street
Madison, WI 53717
Tel: (608) 267-0843
Public Defender Board
Subject
The rule affects chs.
PD 2,
3, and
6, relating to representation by the State Public Defender of persons detained under chapters 51 or 55, Stats., or subject to involuntary administration of psychotropic medication without a pre-determination of financial eligibility.
Objective of the Rule
• Remove the requirement of financial eligibility by the SPD before legal counsel is appointed
• Remove the prepayment options for Ch.
51/55 case types
• Create a new rule for reimbursement rates for Ch.
51/55 case types
• Include collection of reimbursement ordered under Ch.
51/55 quarterly report to Joint Committee on Finance
Policy Analysis
2007 Wisconsin Act 20 (the budget bill) removed the requirement that persons subject to civil commitment proceedings of Chs.
51 or
55, Stats., complete a pre-representation indigency evaluation and required the SPD to appoint counsel without a determination of indigency. At the conclusion of the proceeding, the Court could inquire as to the person's ability to reimburse the state for the cost of representation. If the court determined that the individual was able to make reimbursement for the costs of representation, the court could order the person to reimburse the state an amount not to exceed the maximum amount established by the SPD Board, currently established in Wis. Adm. Code section
PD 6.01. The court could require the SPD to conduct a determination of indigency and report the results of that determination to the court. Any reimbursement would have to be made to the clerk of courts for the county where the proceedings took place. The clerk of each county would deposit 25% of the reimbursement payments to the county treasury and transmit the remaining 75% to the Secretary of the Department of Administration to be credited in the private bar and investigator reimbursement appropriation. The clerks of court for each county would have to report to the SPD by 31 January the total amount of court ordered reimbursements under Chs.
51 and
55, Stats., for the previous calendar year. The SPD must include in the quarterly report to JCF the reimbursements received under this section. The effective date of these provisions is 1 July 2008.
Statutory Authority
Statutes Interpreted
Entities Affected by the Rule
Entities that may be affected by the rule are circuit courts, county corporation counsels' offices and district attorneys' offices that pursue Ch.
51 and Ch.
55 petitions, private attorneys who accept appointments to represent persons detained under Ch.
51 and Ch.
55 petitions and persons who are detained under Ch.
51 and Ch.
55 petitions.
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.
Estimate of Time Needed to Develop the Rule
30 hours; no other resources are necessary.
Fiscal Analysis
2007 Wisconsin Act 20 provided for the biennium $320,500 GPR to permit the SPD to represent adults subject to civil commitment proceedings of Chs.
51 or
55 without a pre-appointment determination of indigency. Because the effective date of the legislation occurs mid-biennium, this amount was reduced to $182,100 to reflect that the fully annualized cost associated with this change would not be incurred until 2009-10. The rule changes outlined above implement the legislative changes and, therefore, do not add any cost.
Summary: In summary, the fiscal effect of these legislative changes is funded at $320,500 biennially. The proposed rule changes only implement the legislative changes and do not add any cost.
Fiscal Impact on Private Sector: The proposed rule changes do not have a fiscal impact on the private sector because these proposed changes only implement legislative changes and, therefore, do not have any fiscal effect.
