Emergency and Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
Each year the federal government makes funding available to the several states for economic and housing development through a program known as the Community Development Block Grant Program (CDBG). The CDBG is governed under
42 USC 5301 to
5319 and
24 CFR Part 570, and is administered by the US Department of Housing and Urban Development (HUD). Since the dissolution of the Wisconsin Department of Commerce, the Wisconsin Department of Administration (DOA) has received CDBG grants from HUD, and entered into agreements with the Wisconsin Economic Development Corporation (WEDC) for the administration of those funds. Under this arrangement, state administrative code Chapter Commerce 108 was unneeded, as WEDC operated under substantially similar internal policies. Recently, DOA and WEDC have mutually determined that the expertise of DOA is better suited to administration of CDBG funds, while the expertise of WEDC is best suited to consultation with localities and businesses seeking to access CDBG funds. The parties intend to formalize the transfer of administrative responsibility or CDBG funds to DOA shortly. Consequently, it is imperative for the welfare of the State of Wisconsin that administrative code provisions concerning the CDBG program be made.
2. Detailed Description of the Objective of the Proposed Rule
The objective of the proposed chapter is to set forth the criteria the department will use to administer the CDBG program.
This proposed rule-making will do the following:
A. Reconstitute many portions of the former ch.
Comm 108.
B. Decline to reconstitute portions of ch.
Comm 108 which added unnecessary confusion by duplicating federal regulations where reference to such regulations will suffice, such as the former ss.
Comm 108.04,
108.07, and
108.14 (1).
C. Decline to reconstitute portions of ch.
Comm 108 which could vary from year to year under, such as the table found in the former s.
Comm 108.06.
D. Decline to reconstitute portions of ch.
Comm 108 that add complexity to the code without adding meaning, such as point ranges found in the former s.
Comm 108.10.
E. Such other changes as are necessary to comply with current HUD requirements, or which will otherwise increase the efficiency or effectiveness of the program and are allowed by HUD requirements.
3. Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
Policies to be included in the rule will be derived from existing WEDC internal policies and historical interpretations of the former Chapter
Comm 108.
4. Detailed Explanation of Statutory Authority for the Rule, Including the Statutory Citation and Language
DOA is empowered to enact rules necessary to receive CDBG funds under s.
16.309, Wis. Stats.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and Other Resources Necessary to Develop the Rule
Excluding time spent reviewing existing rules, historical information, and other sources in the preparation of this scope statement, we estimate that completion of the Final Draft of this emergency rule will require an additional 8 hours of staff time.
6. List with Description of all Entities that may be Affected by the Proposed Rule
All local governments and local businesses eligible for funding under the CDBG program.
7. Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
The rules as contemplated will be derived from federal requirements.
8. Anticipated Economic Impact of Implementing the Rule. Also, Please Note if the Rule is Likely to have an Economic Impact on Small Businesses
None.
Contact Person
Insurance
This statement of scope was approved by the governor on April 16, 2013.
Rule No.
Relating to
Injured Patients and Families Compensation Fund Annual Fund and Mediation Panel Fees, and ISO code amendments for the fiscal year beginning July 1, 2013.
Rule Type
Permanent Rule and Emergency Rule.
1. Description of the Objective of the Rule
The office of the commissioner of insurance's objective is to establish the annual fees that participating health care providers must pay to fund the injured patients and families compensation fund (“fund") as required by s.
655.57 (3), Wis. Stat., and set the mediation panel fees for the fiscal year beginning July 1, 2013, as required by s.
655.61, Wis. Stat. The proposed rule will also amend the Insurance Services Office (“ISO") codes for the classification of health care provider specialties in accordance with s.
655.27 (3) (c), Wis. Stat.
2. Description of Existing Policies Relevant to the Rule and of New Policies Proposed to be Included in the Rule and an Analysis of Policy Alternatives; the History, Background and Justification for the Proposed Rule
The policies as set forth in the statutes require the office of the commissioner of insurance to promulgate a rule to establish the amount of fees to be paid into the fund annually as approved by the board of governors of the fund (“board"). The fees included in the proposed rule will address both the annual assessments for the coverage provided to the participating health care providers, and the mediation fund fees which are collected by the fund and paid to the director of state courts for the operations of the medical mediation panels. In addition, the classification code modifications are the numerical designation for a health care provider's specialty and are used to classify the provider for assessment purposes consistent with s.
655.27 (3) (c), Wis. Stat.
3. Statutory Authority for the Rule (Including the Statutory Citation and Language)
The fund was established by and is operated as provided in ch.
655, Wis. Stat. The commissioner of insurance, with approval by the board, is required to annually set the fees for the fund and the medical mediation panel by administrative rule. Section
655.004, Wis. Stat., states that the director of state courts and the commissioner may promulgate such rules under ch.
227, Wis. Stat., as are necessary to enable them to perform their responsibilities under this chapter. Pursuant to s.
655.27 (3) (b), Wis. Stat., the commissioner, after approval by the board, shall by rule set the mediation panel fees, and s.
655.61, Wis. Stat., requires that the board, by rule to set fees that are charged to health care providers that are sufficient to provide the necessary revenue to fund the medical mediation panels. Pursuant to s.
655.27 (3) (a), Wis. Stat., the ISO codes set the classifications for the providers that aid in accurately classifying past and prospective loss and expense experience in different types of practice that establishes the classifications for fund fee assessment. Finally, s.
601.41 (3), Wis. Stat., provides that the Commissioner shall have rule-making authority under s.
227.11 (2), Wis. Stat.
4. Estimate of the Amount of Time that State Employees Will Spend to Develop the Rule and of Other Resources Necessary to Develop the Rule
120 hours of time including the time of state employees and members of the board.
5. Description of all Entities that this Rule may have an Economic Impact on
All health care providers that are participants in the fund, as set forth in s.
655.002 (1), Wis. Stat., are required to pay annual assessments for payment of claims that arise in each given year consistent with the provisions of ch.
655, Wis. Stat. For the fiscal year beginning July 1, 2013 the board approved a 5% decrease in fees at the December 19, 2012 board meeting. At the March 20, 2013 board meeting the board approved a decrease in mediation panel fees to zero for the fiscal year beginning July 1, 2013. The reduction was based upon the request of the director of state courts as it will have a surplus and does not request additional funding for the fiscal year. In light of the fact that the fund fee and mediation panel fees are decreased, the economic impact is expected to be minimal. The ISO code amendments add clarity and correct errors that will be used to accurately assess the fund participating providers by their practice.
6. Summary and Preliminary Comparison of any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Rule
There is no existing or proposed federal regulation addressing any medical malpractice fund like the Wisconsin fund.
7. Statement of Scope for Permanent and Emergency Rule
The fund issues invoices for the following fiscal year in June of each year. In order for the invoices to correctly reflect the decreased assessment that was approved by the board, a rule must be promulgated and take effect prior to June 15, 2013. Due to the length of time that may be required to promulgate the rule, the scope is being submitted for both the permanent rule and an emergency rule to ensure that procedures are in place to promulgate the rule on an emergency basis to ensure that the invoices can be issued reflecting the decreased assessments approved by the board while the permanent rule can proceed without negative impact on the fund.
Contact Person:
Julie E. Walsh, Attorney, 608-264-8101.
Natural Resources
Environmental Protection—General, Chs.
100—
(DNR # CF-13-13)
This statement of scope was approved by the governor on April 3, 2013.
Rule No.
Revises chapter NR 162.
Relating to
Clean Water Fund Program.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
Not applicable.
2. Detailed Description of the Objective of the Proposed Rule
Chapter
NR 162 is the administrative rule for the Clean Water Fund Program (CWFP), which provides loans to municipalities to finance wastewater infrastructure projects and urban runoff and storm water best management practices (BMPs). There are four objectives for revising ch.
NR 162.
Objective 1: To update areas of ch.
NR 162 that are either no longer in line with federal regulations or state statutes or need efficiency, accuracy, or clarity changes. At a minimum, the following topic areas need updating:
• Loan application.
• Cost eligibility.
• Financial assistance requirements.
• Requirements for a user charge system.
• Procurement including solicitation of disadvantaged businesses.
• Reimbursement and refinancing.
•
Loan interest rates including median household income information.
•
Financial assistance disbursements.
•
Amendments to a financial assistance agreement.
• Eligibility for hardship financial assistance.
• Procedure for determining type and amount of hardship financial assistance.
• Operation, maintenance, and replacement cost estimates.
Objective 2: To separate the current Subchapter II into two or more subchapters. Topic areas to be covered in these separate subchapters are:
• Municipal wastewater projects.
• Projects for stormwater runoff treatment works and structural urban best management practices (BMPs) in permitted municipalities.
• Urban runoff treatment works and structural BMPs in non-permitted municipalities.
• Feasible and effective agricultural BMPs and other nonpoint source pollution prevention or treatment practices that are approved by the U.S. Environmental Protection Agency (EPA).
Objective 3: To thoroughly review the “interest rate subsidies for small loans" portion of ch.
NR 162 and the subprogram itself for effectiveness and to determine its future. In the small loan program, loans awarded to municipalities by the State Trust Fund (the Board of Commissioners of Public Lands) have part of their interest rates subsidized under ch.
NR 162 for eligible projects. In the past few years, we have seen a reduction in the use of this program.
Objective 4: To provide the Environmental Improvement Fund (EIF) — the umbrella fund for the CWFP and the Safe Drinking Water Loan Program — with flexibility to adapt quickly to changing environmental and regulatory priorities. The main areas of ch.
NR 162 in which the CWFP needs flexibility are:
• Types of financial assistance available.
• Annual funding policy.
• Project and cost eligibility.
Additional areas of flexibility may be identified by the Advisory Committee that will be convened to assist the Bureau with revisions to ch.
NR 162.
