Local government fiscal effect
None.
Fund source affected
GPR.
Affected Ch.
20 appropriation
Agency Contact Person
Karen Schultz
(608) 224-5023
Notice of Hearing
Commerce
NOTICE IS HEREBY GIVEN that pursuant to ss.
101.02 (1),
101.19,
145.02 (3),
101.982, and
101.983, Stats., the Department of Commerce will hold a public hearing on proposed rules under Chapters
Comm 2 and
82, relating to permit to operate, registration and filing fees.
Hearing Information
The public hearing will be held as follows:
Date and Time
|
Location
|
August 13, 2009
|
Conference Room 3C
|
1:00 p.m.
|
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 (608) 264-8777 (TTY) 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.
Appearance at Hearing and 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 August 21, 2009, 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 TDD Relay dial 711 in Wisconsin or (800) 947-3529. Copies will also be available at the public hearing.
Analysis Prepared by Department of Commerce
Statutes interpreted
Statutory authority
Related statute or rule
None
Explanation of agency authority
Chapters
101 and
145, Stats., grant the department general authority for the purpose of protecting public health, safety and welfare by establishing standards and regulatory oversight programs for the construction and maintenance of buildings, structures and dwellings and their components. These programs are administered by the Safety and Buildings Division. Section
101.19, Stats., grants the department authority to promulgate rules to fix and collect fees that reflect the cost of providing certain programs. Section
145.02 (3) (h), Stats., grants the department authority to promulgate rules concerning the testing of cross-connection control devices.
Summary of proposed rules
The rules propose to increase the permit to operate fees for boilers, pressure vessels, anhydrous ammonia systems, mechanical refrigeration systems, conveyances and passenger ropeways from $35 to $50.
The rules propose to update and streamline the department's oversight of certain types of cross connection control devices (assemblies), reduced pressure principle backflow preventers, reduced pressure fire protection principle backflow preventers, spill resistant vacuum breakers, reduced pressure detector fire protection backflow prevention assemblies and pressure vacuum breakers. The proposal reduces the registration fee for these assemblies and establishes filing requirements and fees for the annual performance test reports for these assemblies. The fees reflect the ability to register and file the information electronically via the internet.
The rules also propose to clarify that department plan review and approval is required for certain water treatment systems where the source of water is a well or surface water.
Comparison with federal regulations
An internet-based search in the Code of Federal Regulations and the Federal Register did not identify any existing or proposed federal regulations that address these topics.
Comparison with rules in adjacent states
The following is a comparison of permit to operate fees charged in adjacent states.
Illinois
Illinois requires payment of $200 for an annual certificate of operation for an elevator. Illinois regulations for boilers require certificates of inspection for $70.
Iowa
Iowa's fee for an annual elevator permit is $50.
Michigan
For elevators, Michigan's biennial and annual certificates of operation are $45.
Minnesota
The annual registration fee for a boiler in Minnesota is $10.
An internet-based search regarding the registration of cross connection control devices or filing of cross connection control device performance testing results did not produce any results for the 4 adjacent states of Illinois, Iowa, Michigan and Minnesota.
Summary of factual data and analytical methodologies
The fees for permits to operate have not been revised since 2000. The proposed changes are necessary in order to bring revenues in line with the cost of providing Division services.
The fee currently required by the Safety and Buildings Division to register testable cross connection assemblies was intended to cover the Division's costs for overseeing the annual filing of performance tests over the entire life of each assembly. The proposed fee structure is more equitable because it reflects that some assemblies are in use longer than other assemblies. The proposed fee changes are also necessary in order to bring revenues in line with the cost of providing Division services.
Environmental Impact
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.
Small Business Impact
The proposed fee increase for permits to operate will affect businesses which own any boiler, pressure vessel, anhydrous ammonia system, mechanical refrigeration system, conveyance and passenger ropeway. Permits to operate are typically issued after a code required periodic inspection. Permits to operate for conveyances and passenger ropeways are issued on a yearly basis. Most permits to operate for boilers, pressure vessels, anhydrous ammonia systems, and mechanical refrigeration systems are issued on a three-year basis. Over the last 3 years on average the department has issued roughly 38,000 permits to operate annually. Raising the permit to operate fee by $15 will increase the department's revenues annually by $570,000.
The proposed revisions regarding the cross connection control program will affect businesses where certain types of cross connection control assemblies are to be installed or exist to protect public water supplies. The types of cross connection control assemblies under this program are reduced pressure principle backflow preventers, reduced pressure fire protection principle backflow preventers, spill resistant vacuum breakers, reduced pressure detector fire protection backflow prevention assemblies and pressure vacuum breakers. Currently there are just over 33,000 of these assemblies registered with the department. These types of assemblies are required to undergo an annual performance test to ensure their continued protection of water supplies. The department is proposing to reduce the registration fee for these assemblies from $200 to $100; or $90 if completed through the Safety and Buildings Division's web site. Over the last 3 years an average of 2275 new assemblies have been annually registered with the department. In 2008 approximately 25,000 performance tests were submitted to the department. The department is proposing a $40 fee, or a $30 fee if completed through the Safety and Buildings Division's web site, for the filing of the performance test reports. The department estimates that annual revenues would increase by $527,000, if 90% of the registrations and performance tests are reported through the Division's web site.
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 fee increase for permits to operate will affect businesses which own any boiler, pressure vessel, anhydrous ammonia system, mechanical refrigeration system, conveyance and passenger ropeway.
The proposed revisions regarding the cross connection control program will affect businesses where certain types of cross connection control assemblies are to be installed or exist to protect public water supplies.
Reporting, bookkeeping and other procedures required for compliance with the rules.
The proposed changes to chapters Comm 2 and 82 do not imposed any additional reporting, bookkeeping or other procedures for compliance.
Types of professional skills necessary for compliance with the rules.
The proposed changes to chapters Comm 2 and 82 do not any type of new professional skills for compliance.
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 Email at
carol.dunn@wisconsin.gov.
Fiscal Estimate
Assumptions used in arriving at fiscal estimate
Current rules require owners to obtain and hold permits to operate any boiler, pressure vessel, anhydrous ammonia system, mechanical refrigeration system, conveyance and passenger ropeway. Permits to operate are typically issued after a code required periodic inspection. Permits to operate for conveyances and passenger ropeways are issued on a yearly basis. Most permits to operate for boilers, pressure vessels, anhydrous ammonia systems, and mechanical refrigeration systems are issued on a three-year basis. Over the last 3 years on average the department has issued approximately 38,000 permits to operate annually. Raising the permit to operate fee by $15 will increase the department's revenues annually by $570,000.
Under current rules certain types of cross connection control devices that protect public water supplies are required to be registered with the department upon installation and tested annually. The types of cross connection control assemblies under this program are reduced pressure principle backflow preventers, reduced pressure fire protection principle backflow preventers, spill resistant vacuum breakers, reduced pressure detector fire protection backflow prevention assemblies and pressure vacuum breakers. Currently, there are just over 33,000 of these assemblies registered with the department. The department is proposing to reduce the registration fee for these assemblies from $200 to $100; or $90 if completed through the Safety and Buildings Division's web site. Over the last 3 years an average of 2275 new assemblies have been annually registered with the department. In 2008 approximately 25,000 performance tests were submitted to the department. The department is proposing a $40 fee, or a $30 fee if completed through the Safety and Buildings Division's web site, for the filing of the performance test reports. The department estimates that annual revenues would increase by $527,000, if 90% of the registrations and performance tests are reported through the Division's web site.
The proposed rules to update and streamline the department's oversight of certain types of cross connection control assemblies do not increase the workload beyond current resources and staff levels.
State fiscal effect
Increase existing revenues.
Local government fiscal effect
None.
Fund sources affected
PRO.
Long-range fiscal implications
No long-range fiscal implications are anticipated.
Agency Contact Person
James Quast, Program Manager, (608) 266-9292 or email jim.quast@wisconsin. gov.
Notice of Hearing
Natural Resources
Fish, Game, etc., Chs.
NR 1—
NOTICE IS HEREBY GIVEN that pursuant to ss.
29.014 (1),
29.039,
29.405 (3),
29.053,
29.531 and,
29.533, Stats., the Department of Natural Resources will hold public hearings on revisions to Chapters
NR 19,
20,
21,
22 and
23, Wis. Adm. Code, relating to minor, non-substantive “housekeeping" changes to fishing regulations on the inland, outlying and boundary waters of Wisconsin.
