An Internet-based search of the four adjacent states' rules found the following requirements relating to gas systems used for fuel purposes:
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Illinois – Under the Illinois Administrative Code (41 Ill. Admin. Code 200), the Office of the Illinois State Fire Marshall adopts the 2008 edition of NFPA Standard 58 for liquefied petroleum gas. The rules also reference the 2006 edition of NFPA 54. Illinois does not have rules for liquefied natural gas, compressed natural gas or hydrogen.
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Iowa – The Division of the State Fire Marshal is responsible for regulating liquefied petroleum gas and liquefied natural gas, in chapter 101 of the Iowa Administrative Code. That chapter adopts NFPA 54, 58 and 59A by reference. Currently, Iowa does not have rules for compressed natural gas or hydrogen.
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Michigan – The Department of Environmental Quality administers rules relating to liquefied petroleum gas and liquefied natural gas. These rules adopt the 2004 editions of NFPA 52, 58 and 59A. The Department of Energy, Labor and Economic Growth administers rules for compressed and liquefied natural gas and hydrogen. These rules adopt NFPA 52 and federal Occupational Safety and Health Administrations regulations
29 CFR 1910.101 and
1910.103 for compressed gases and gaseous and liquefied hydrogen systems.
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Minnesota – The Minnesota State Fire Code incorporates by reference the 2006 edition of the International Fire Code (IFC). The IFC references NFPA 50A, 50B, 52, 58 and 59A. In addition, chapter 38 of the Minnesota State Fire Code incorporates by reference the 2004 edition of NFPA 58, and states that “the storage, handling, transportation and use of liquefied petroleum gas and the installation of all equipment pertinent to systems for such uses shall be designed, constructed, installed, operated and maintained in accordance with the provisions" in that standard.
Summary of factual data and analytical methodologies
In considering the latest editions of the referenced standards from NFPA, Department staff comprehensively compared these standards to the requirements currently in chapter Comm 40, and concluded that these standards are clearer and provide more detail than the current requirements and standards in Comm 40, and would not impose significant costs or other impacts on a substantial number of businesses. The Department's advisory council for fuel gas systems then reviewed these comparisons and agreed with these conclusions, and similarly assisted with developing the other changes for updating Comm 40. The members of that council represent the stakeholders involved in the fuel gas systems industry, and are members of the following organizations:
ANGI Energy Systems
City of Milwaukee
Cooperative Network
National Propane Gas Association
Wisconsin Agri-Service Association, Inc.
Wisconsin Crop Production Association
Wisconsin Propane Gas Association
Wisconsin State Fire Chiefs Association, Inc.
Wisconsin Utilities Association, Inc.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report
An economic impact report was not prepared or required under section
227.137 of the Statutes. Consideration of the potential effects on small business was based on guidelines produced by the federal Small Business Administration's Office of Advocacy. The advisory council described above did not identify any significant impacts relative to compliance with the proposed changes for updating chapter Comm 40.
Effect on Small Business
The proposed changes are not expected to impose significant costs or other impacts on a substantial number of businesses because the primary effect of the changes is to make chapter Comm 40 consistent with current regional and national standards for fuel gas systems, and with current industry and regulatory practices.
Initial regulatory flexibility analysis
1. Types of small businesses that will be affected by the rules.
Any business involved with the design, construction, installation, operation, inspection, repair or maintenance of liquefied petroleum gas systems, liquefied natural gas systems, compressed natural gas systems, gaseous hydrogen systems, or liquefied hydrogen systems, that are used for fueling purposes.
2. Reporting, bookkeeping and other procedures required for compliance with the rules.
The rules require submittal of some additional plan review information to the Department or a first class city, for any gas system that is newly required to have plan approval.
3. Types of professional skills necessary for compliance with the rules.
No new professional skills would be needed for compliance with these rules.
4. Rules have a significant economic impact on small businesses.
No - Rules not submitted to Small Business Regulatory Review Board
Any inquiries for the small business regulatory coordinator for the Department of Commerce can be directed to Sam Rockweiler, as listed above.
Environmental Impact
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.
Fiscal Estimate
State fiscal effect
None.
Local fiscal effect
None.
Long-range fiscal implications
None known or anticipated.
Assumptions used in arriving at fiscal estimate
The included changes to where Department-level plan approval and inspection is required should not significantly affect either state or local government costs or revenues.
The anticipated costs that may be incurred by the private sector in complying with any new requirements in the proposed rules are adequately described in the rule summary which immediately precedes the proposed rules.
Agency Contact Person
Sam Rockweiler, Wisconsin Department of Commerce, Division of Environmental and Regulatory Services, P.O. Box 14427, Madison, WI, 53708-0427; telephone (608) 266-0797; e-mail
sam.rockweiler@wisconsin.gov.
Notice of Hearing
Insurance
Notice is hereby given that pursuant to the authority granted under section
601.41 (3), Stats., and the procedures set forth in under sections
227.18, and
227.24 (4), Stats., OCI will hold a public hearing to consider the adoption of the attached proposed rulemaking order and the emergency rule published November 29, 2010, affecting section
Ins 3.35, Wis. Adm. Code, relating to colorectal cancer screening coverage and affecting small business.
Hearing Information
Date and Time:
|
Location:
|
January 25, 2011
Tuesday
9:30 am
|
OCI
2nd Floor, Room 227
125 S. Webster St.
Madison, WI 53703
|
Submittal of Written Comments
Written comments can be mailed to:
Julie E. Walsh
Legal Unit - OCI Rule Comment for Rule Ins 605
Office of the Commissioner of Insurance
PO Box 7873
Madison WI 53707-7873
Written comments can be hand delivered to:
Julie E. Walsh
Legal Unit - OCI Rule Comment for Rule Ins 605
Office of the Commissioner of Insurance
125 South Webster St – 2nd Floor
Madison WI 53703-3474
Comments can be emailed to:
Julie E. Walsh
Comments submitted through the Wisconsin Administrative Rule Web site at:
http://adminrules.wisconsin
.gov on the proposed rule will be considered.
The deadline for submitting comments is 4:00 p.m. on the 10th day after the date for the hearing stated in this Notice of Hearing.
Copies of Proposed Rule
A copy of the full text of the proposed rule changes, analysis and fiscal estimate may be obtained from the OCI internet Web site at
http://oci.wi.gov/ocirules.htm or by contacting Inger Williams, Public Information and Communications, OCI, at:
inger.williams@wisconsin.gov, (608) 264-8110, 125 South Webster Street – 2
nd Floor, Madison WI or PO Box 7873, Madison WI 53707-7873.
Analysis Prepared by the Office fo the Commissioner of Insurance (OCI)
Statute(s) interpreted
Statutory authority
Explanation of agency authority
2009 Wis. Act 346 created s.
632.895 (16m), Stats., and required the commissioner to promulgate rules that specify guidelines for the colorectal cancer screening that must be covered, specify the factors for determining whether an individual is at high risk for colorectal cancer and to update periodically the guidelines as medically appropriate.
Related statute(s) or rule(s)
None.
Plain language analysis
The proposed rule implements s.
632.895 (16m), Stats., mandating coverage for colorectal cancer screening. For flexibility, the proposed rule allows insurers and self-insured governmental plans to select from among the U.S. Preventive Services Task Force, the National Cancer Institute, or the American Cancer Society guidelines it will follow related to colorectal cancer screening intervals and specific screening tests or procedures. Insurers and self-insured governmental health plans are to inform enrollees of the guideline or guidelines they use and if they use more than one guideline, which guideline is primary if a dispute arises.
The proposed rule requires insurers and self-funded governmental plans to provide coverage of at least three of four identified screening tools: fecal occult blood test, flexible sigmoidoscopy, colonoscopy and computerized tomographic colonography. The determination for appropriate screening test or procedure is to be based upon medical necessity or medically appropriate basis and is eligible for internal and independent review.
Additionally, the proposed rule sets forth guidance on determination of persons at high risk for developing colorectal cancer. The proposed guidance is based upon the guidelines of the American Cancer Society as it is the only organization that has detailed standards for high risk categories and screening intervals. However, the rule does permit insurers to utilize additional criteria if the National Cancer Institute or the U.S. Preventive Service Task Force develops high risk criteria.
In light of federal health reform, the proposed rule requires insurers to comply with preventive services contained in the patient protection and affordable care act of 2010, PL
111-148, as amended by the federal health care and education reconciliation act of 2010, P.L.
111-152. Finally, insurers and self-insured governmental health plans are required to annually review the selected guidelines and comply with updates in the subsequent policy year.
Summary of, and comparison with, existing or proposed federal regulations
The patient protection and affordable care act of 2010, PL
111-148, as amended by the federal health care and education reconciliation act of 2010, P.L.
111-152, (“ACA"), includes colorectal cancer screening as a covered preventive health service contained in the 45 CFR Subtitle A §
147.130. However, the federal requirements for preventive health are not effective until January 1, 2014. The federal regulation addresses cost sharing limitations that insurers may impose when the service is a preventive health service that supersede the state's law when implemented in 2014. The federal regulations and the ACA are not as specific as s.
632.895 (16m), Stats., and do not address high risk factors, therefore the state's law would not be preempted.
Comparison with rules in adjacent states
Illinois:
215ILCS5/356x Sec. 356x. Mandate provides coverage for colorectal cancer examination and screening in accordance with the published American Cancer Society guidelines. Illinois law also permits consideration of other existing colorectal cancer screening guidelines issued by nationally recognized professional medical societies or federal government agencies, including the National Cancer Institute, the Centers for Disease Control and Prevention, and the American College of Gastroenterology. The Illinois mandate restricts insurers from imposing deductible, coinsurance, waiting period, or other cost-sharing limitations that is greater than that required for other coverage under the policy.
Iowa:
