NOTICE IS HEREBY GIVEN that pursuant to ss.
101.02 (2) and
(15) and
101.16, Stats., the Department of Commerce will hold a public hearing on proposed rules under Chapter
Comm 5, relating to retail liquefied gas suppliers and affecting small business.
Hearing Information
The public hearing will be held as follows:
Date and Time:
|
Location:
|
November 4, 2008
1:00 p.m.
|
Conference Room 3B
Thompson Commerce Center
201 W. Washington Avenue
Madison
|
This hearing is held in an accessible facility. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call (608) 266-8741 or contact through Wisconsin Relay at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audio tape format will, to the fullest extent possible, be made available upon a request from a person with a disability.
Analysis Prepared by Department of Commerce
Statutes interpreted
Statutory authority
Explanation of agency authority
Under the statutes cited, the Department of Commerce protects public health, safety, and welfare by promulgating comprehensive requirements for design, construction, use and maintenance of public buildings and places of employment. Under section
101.16, Stats., the Department has the responsibility for developing rules specifically for minimum safety standards for the design, construction, installation, operation, inspection, repair and maintenance of liquefied petroleum gas systems.
Related statute or rule
Chapter
Comm 65, Fuel Gas Appliances
Summary of proposed rules
The proposed rules establish administrative procedures for licensing of liquefied gas suppliers as mandated by
2007 Wisconsin Act 203.
Comparison with federal regulations
An internet search on U.S. federal regulations and U.S. federal register yielded no results regarding the licensing of liquefied gas suppliers.
Comparison with rules in adjacent states
An Internet-based search of liquefied petroleum gas suppliers in the states of Illinois, Iowa, Michigan and Minnesota found that none of the states have specific rules or programs regarding these types of grants.
Summary of factual data and analytical methodologies
The proposed rules were developed by reviewing the provisions under
2007 Wisconsin Act 203 in conjunction with the current licensing rules relating to businesses under ch.
Comm 5.
Small Business Impact
Analysis and supporting documents used to determine effect on small business
The proposed rules implement the licensing mandates imposed by
2007 Wisconsin Act 203. The primary businesses affected by these licensing mandates are suppliers who fill propane gas cylinders. This would include bulk gas suppliers, cooperatives, hardware stores and camp grounds. The department does not believe that the proposed rules will increase the effect on small businesses over that imposed by the Act.
An economic impact report has not been required pursuant to s.
227.137, Stats.
Initial regulatory flexibility analysis
Types of small businesses that will be affected by the rules
The proposed rules implement the licensing mandates imposed by
2007 Wisconsin Act 203. The primary businesses affected by these licensing mandates are suppliers who fill propane gas cylinders. This would include bulk gas suppliers, cooperatives, hardware stores and camp grounds.
Reporting, bookkeeping and other procedures required for compliance with the rules
The Act under s.
101.16 (3r), Stats., requires the licensed gas suppliers to maintain proof of financial responsibility. The financial amounts vary with the type of tanks to be filled.
Types of professional skills necessary for compliance with the rules.
No other types of professional skills are necessary for compliance with the rules
Rules have a significant economic impact on small businesses?
No.
Environmental Impact
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.
Fiscal Estimate
Summary
The proposed rules implement the licensing mandates imposed by
2007 Wisconsin Act 203 relating to businesses which supply/fill liquid petroleum gas cylinders. The primary businesses affected by these licensing mandates would include bulk gas suppliers, cooperatives, hardware stores and camp grounds. The department estimates there would be 600 suppliers who would be required to obtain licenses. The department proposes to charge $60 for a license and $40 for a restricted license which would be limited to filling only DOT cylinders. The department also anticipates that a majority of the suppliers would obtain the restricted licenses. The department estimates that it would realize approximately $26,000 in revenue for the two-year licenses or $13,000 annually. The department anticipates that workload associated with this licensing can be absorbed within current resources and staff levels.
State government fiscal impact
Increase existing revenues.
Increase costs - may be possible to absorb within agency's budget.
Local government fiscal impact
None
Fund sources affected
PRO
Long-range fiscal implications
None are anticipated
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. Persons submitting comments will not receive individual responses. The hearing record on this proposed rulemaking will remain open until November 14, 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. Written comments should be submitted to James Quast, at the Department of Commerce, P.O. Box 2689, Madison, WI 53701-2689, or Email at
jim.quast@wisconsin.gov.
Copies of Proposed Rules
The proposed rules and an analysis of the proposed rules are available on the Internet at the Safety and Buildings Division Web site at
www.commerce.wi.gov/SB/. Paper copies may be obtained without cost from Roberta Ward, at the Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689, or Email at
roberta.ward@wisconsin.gov, or at telephone (608) 266-8741 or contact through Wisconsin Relay. Copies will also be available at the public hearing.
Agency Contact
The small business regulatory coordinator for the Department of Commerce is Carol Dunn, who may be contacted at telephone (608) 267-0297, or Email at
carol.dunn@wisconsin.gov.
Notice of Hearing
Commerce
Financial Resources for Businesses and Communities, Chs.
Comm 104—
Housing Assistance, Chs.
Comm 150—
NOTICE IS HEREBY GIVEN that pursuant to section
560.032 of the Statutes, the Department of Commerce will hold a public hearing on emergency rules under Chapters
Comm 113 and
154, relating to allocation of volume cap on tax-exempt private activity bonds.
Hearing Information
The public hearing will be held as follows:
Date and Time:
|
Location:
|
October 27, 2008
Monday
at 10:00 a.m.
|
Thompson Commerce Center Third Floor, Room 3B
201 West Washington Avenue
Madison, Wisconsin
|
This hearing will be held in an accessible facility. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call Sam Rockweiler at (608) 266-0797 or contact through Relay at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audio tape format will, to the fullest extent possible, be made available upon a request from a person with a disability.
Analysis Prepared by Department of Commerce
Statutes interpreted
Statutory authority
Explanation of agency authority
Section
560.032 of the Statutes requires the Department to promulgate rules for establishing and administering a system, under
26 USC 146, for allocating the federal volume cap on tax-exempt private activity bonds, as defined under
26 USC 141 (a), among various Wisconsin issuers, including the Wisconsin Housing and Economic Development Authority (WHEDA).
Related statute or rule
The Department has statutes and rules for several programs associated with housing assistance and community development – such as chapter Comm 154, Small Cities Community Development Block Grants for Housing; and chapter Comm 108, Community Development Block Grant Program – but only chapter Comm 113 contains rules relating to allocating a volume cap on tax-exempt private activity bonds for housing.
Plain language analysis
The rules in this order allocate to WHEDA for calendar year 2008 the one-time additional $175.4 million in tax-exempt bonding authority that has been awarded to Wisconsin for single-family and multifamily housing activities, under section 3021 of the federal Housing and Economic Recovery Act of 2008.
Comparison with federal regulations
Section 3021 of the federal Housing and Economic Recovery Act of 2008 amends subsection (d) of section
146 of the Internal Revenue Code to create a special one-time increase in the allocation of volume cap for calendar year 2008, to be used for the issuance of single-family housing bonds and multifamily bonds. Notice 2008-79 from the Internal Revenue Service specifies the amount of the increase that is allocated to each State.
Comparison with rules in adjacent states
Michigan. According to staff in the Michigan Department of Revenue, Michigan has statutes that address allocation of their volume cap for tax-exempt private activity bonds, and they are administering the allocation directly under those statutes rather than under corresponding rules. Consequently, no rulemaking is anticipated for administering their one-time, 2008 volume cap increase of $315.4 million.
Minnesota. According to staff in the Minnesota Department of Finance and Employee Relations, Minnesota has statutes that address allocation of their volume cap for tax-exempt private activity bonds, and they are administering the allocation directly under those statutes rather than under corresponding rules. Consequently, no rulemaking is anticipated for administering their one-time, 2008 volume cap increase of $162.7 million.
Iowa. According to staff in the Iowa Finance Authority, Iowa has statutes and corresponding rules that address allocation of their volume cap for tax-exempt private activity bonds, and they are administering the allocation under those statutes and rules. However, no rulemaking is anticipated for administering their one-time, 2008 volume cap increase of $96.6 million.
Illinois. Section 30 ILCA 345 of the Illinois statutes designates the Governor's Office as the entity charged with allocating their volume cap for tax-exempt private activity bonds, and specifies that the guidelines and procedures which are issued by the Governor's Office govern and control the administration of the allocation process in accordance with section 30 ILCA 345. The one-time, 2008 volume cap increase for Illinois is $402.4 million.
Summary of factual data and analytical methodologies
The data and methodology for developing these rules were derived from and consisted of reviewing the criteria in section 3021 of the federal Housing and Economic Recovery Act of 2008; a summary of the Act, from the National Council of State Housing Agencies; and Notice 2008-79 from the Internal Revenue Service.
Small Business Impact
Analysis and supporting documents used to determine effect on small business
The primary documents that were used to determine the effect of the rules on small business were the federal Housing and Economic Recovery Act of 2008; a summary of the Act, from the National Council of State Housing Agencies; and Notice 2008-79 from the Internal Revenue Service.
No economic impact report was prepared.
Summary
