Scope Statements
Public Instruction
Per the Dane County Circuit Court order issued in Coyne, et al. v. Walker, et al., Case No. 11-CV-4573, the Department of Public Instruction is not required to obtain the Governor's approval for this statement of scope.
Rule No.
Relating to
Community programs and services (Fund 80).
Rule Type
Emergency and Permanent.
1. Finding/Nature of the Emergency (Emergency Rule Only)
An emergency rule may be needed so school districts know which activities would be considered ineligible costs for the Community Programs and Services Fund for the 2014-15 school year. Per statute, ineligible costs are affecting school districts' revenue limit authority beginning in the 2015-16 school year.
2. A Description of the Objective of the Proposed Rule
3. A Description of the Existing Policies and New Policies Included in the Proposed Rule and an Analysis of Policy Alternatives
This proposed rule is created to define ineligible costs, as required under s.
120.13 (19), Stats.
4. The Statutory Authority for the Proposed Rule
120.13 School board powers. The school board of a common or union high school district may do all things reasonable to promote the cause of education, including establishing, providing and improving school district programs, functions and activities for the benefit of pupils, and including all of the following:
(19) Community programs and services. Establish and maintain community education, training, recreational, cultural or athletic programs and services, outside the regular curricular and extracurricular programs for pupils, under such terms and conditions as the school board prescribes. The school board may establish and collect fees to cover all or part of the costs of such programs and services. The school board may not expend moneys on ineligible costs, as defined by the department by rule. Costs associated with such programs and services shall not be included in the school district's shared cost under s.
121.07 (6).
5. An Estimate of the Amount of Time Agency Employees Will Spend Developing the Proposed Rule and of Other Resources Needed to Develop the Rule
The amount of time needed for rule development by department staff and the amount of other resources necessary are indeterminate.
6. A Description of all of the Entities that Will Be Affected by the Proposed Rule
School districts and the communities they serve will be impacted by this rule.
7. A Summary and Preliminary Comparison of any Existing or Proposed Federal Regulation that Addresses or is Intended to Address the Activities to be Regulated by the Proposed Rule
N/A.
Agency Contact
Policy And Budget Team
ATTN: Katie Schumacher
Public Service Commission
(PSC DOCKET # 1-AC-246 )
This statement of scope was approved by the governor on April 30, 2014.
Rule No.
Relating to
Adoption of federal gas pipeline safety regulations.
Rule Type
Permanent.
1. Description of the Objective of the Rule and Expected Financial Impact
The proposed rule revision adopts, for state purposes, changes to the federal pipeline safety code that have been enacted since the last revisions to the state pipeline safety code were adopted. The state has adopted federal pipeline safety provisions in Wis. Admin. Code ch.
PSC 135. Adoption of these amendments will keep the Commission in compliance with its obligation to adopt all federal changes in the pipeline safety area.
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
Under an agreement with the U.S. Department of Transportation, Office of Pipeline Safety, the Commission is authorized to enforce federal natural gas pipeline safety requirements as set out in the Code of Federal Regulations,
49 C.F.R. Parts 192,
193, and
199. As part of the agreement, the Commission adopts the federal pipeline safety code in Wis. Admin. Code s.
PSC 135.019. The Commission's latest version of that rule adopts the federal code up to January 1, 2013. New gas pipeline safety code requirements are generally enacted in October of each year. As a result, the Commission needs to amend its rule to include the latest federal rule changes.
This rule will result in no economic impact since pipeline operators are required, under federal law, to follow the federal regulations. Any economic impact of those federal regulations has already occurred. This rulemaking just updates the state's enforcement authority.
3. Statutory Authority for the Rule (Including the Statutory Citation and Language)
Sections
196.02 (1) and
(3), and s.
227.11, Stats., authorize agencies to promulgate administrative rules. Section
196.02 (1), Stats., authorizes the Commission to do all things necessary and convenient to its jurisdiction. Section
196.02 (3), Stats., grants the Commission specific authority to promulgate rules.
Under an agreement with the U.S. Department of Transportation, Office of Pipeline Safety, the Commission agrees to adopt those parts of the federal code that apply to pipeline safety.
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
The Commission estimates that fewer than 100 hours of employee time will be required to develop the rules.
5. Description of all Entities that may be Impacted by the Rule
Every intrastate gas pipeline operator that operates gas transmission or distribution facilities in this state will be impacted by the rule.
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
Under an agreement with the U.S. Department of Transportation, Office of Pipeline Safety, the Commission is authorized to enforce federal natural gas pipeline safety requirements as set out in the Code of Federal Regulations,
49 C.F.R. Parts 192,
193, and
199. As part of the agreement, the Commission agrees to adopt those parts of the federal code that apply to pipeline safety.
Contact Person
Safety and Professional Services
General Part 1, Chs.
301—319
This statement of scope was approved by the governor on April 30, 2014.
Rule No.
Relating to
Wisconsin's electrical code.
Rule Type
Emergency and permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
Under
2013 Wisconsin Act 143 the department is required to promulgate rules “establishing criteria and procedures for issuing licenses to electricians who were born on or before January 1, 1956, and who have at least 15 years of experience in installing, repairing, or maintaining electrical wiring." Since the enactment of Act 143 there has been a great deal of confusion on what grandfathered electricians need to do and how local municipalities should treat individuals who meet the grandfathering provisions of the new law. In order to protect the public safety and avoid any undue hardship and confusion, the department is seeking to write these emergency rules.
2. Detailed Description of the Objective of the Proposed Rule
The objective of this rulemaking project is to establishing criteria and procedures for issuing licenses to electricians who were born on or before January 1, 1956, and who have at least 15 years of experience in installing, repairing, or maintaining electrical wiring.
Code chapters that are incidentally affected by this project may be revised to assure clarity and consistency of the rules.
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
The Department's current rules for licensing and registering electricians are contained in ch.
SPS 305. These rules address various categories of electricians, such as master electricians, journeyman electricians, beginning electricians, and electrical apprentices. The rules also establish the qualifications and administrative structure for becoming licensed or registered, and for renewing these credentials — as well as the corresponding workplace responsibilities and disciplinary provisions.
The proposed rules are expected to create a grandfathered electrical license for any person born before January 1, 1956 and who has at least 15 years of experience in electrical work.
Because of Act 143, the statutory requirements are now out of step with the administrative rules. The stakeholders who are affected by these statutory changes are confused by the differences. Further confusion and complaints are expected if the rules are not updated to eliminate the differences.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section 227.11 (2) (a) of the Statutes empowers the Department to promulgate rules interpreting the provision of any statute the Department enforces or administers. Further generalized rulemaking authority is conveyed by section
101.02 (1), Stats., which states “[t]he department shall adopt reasonable and proper rules and regulations relative to the exercise of its powers and authorities and proper rules to govern its proceedings and to regulate the mode and manner of all investigations and hearings."
Section 101.862 (5) (b) The department shall promulgate rules establishing criteria and procedures for issuing licenses to electricians who were born on or before January 1, 1956, and who have at least 15 years of experience in installing, repairing, or maintaining electrical wiring. Upon promulgation of these rules, an electrician who meets these age and experience requirements may not install, repair, or maintain electrical wiring unless he or she is licensed in compliance with these rules or is otherwise licensed or registered as an electrician under this subchapter.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
The staff time needed to revise the rules is expected to be 80 hours. This time includes research, consulting with stakeholders, drafting rule revisions, processing the rule revisions through public hearings, legislative review, and adoption. There are no other resources necessary to revise the rules.
6. List with Description all Entities that may be Affected by the Proposed Rule
Electricians who were born on or before January 1, 1956, and who have at least 15 years of experience in installing, repairing, or maintaining electrical wiring.
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
There are several existing federal regulations that relate to the installation of electrical wiring and equipment. Some of these regulations require compliance with various editions of the National Electrical Code® (NEC
®), which is adopted by reference in chapter SPS 316. A search of the Code of Federal Regulations (CFR) found the following regulations pertaining to activities that may be covered by this rule.
• Title 29 CFR, Sections 1910.302 through 1910.308 — Design Safety Standards for Electrical Systems, and 1910.331 through 1910.335 — Electrical Safety-Related Work Practices Standards. Subpart S of this regulation in the Department of Labor contains design safety standards for electrical systems, safety-related work practices and maintenance requirements and safety requirements for special electrical equipment to safeguard employees in their workplaces. Subpart R contains industrial lighting requirements and safe practices relating to lockouts and emergency lighting requirements for the safety of employees working in special industries. These regulations are part of the federal Occupational Safety and Health Administration's standards.
• Title 29 CFR, Part
1926 — Safety and Health Regulations for Construction. Subpart K of this regulation in the Department of Labor contains installation safety requirements, and safety requirements and environmental considerations for special equipment necessary to safeguard employees working in special industries.
• Title 30 CFR, Part
75 — Mandatory Safety Standards — Underground Coal Mines. Subpart F contains specific electrical safety requirements for the protection of employees working in underground metal and nonmetal mines.
•
Title 30 CFR, Part
57 — Safety and Health Standards — Underground Metal and Nonmetal Mines. Subpart K of this regulation in the Department of Labor contains specific electrical safety requirements for the protection of employees working in underground metal and nonmetal mines.
•
Title 24 CFR, Part
3280 — Manufactured Home Construction and Safety Standards. Subpart I of this regulation in the Department of Housing and Urban Development covers electrical systems in manufactured homes, and requires compliance with the 2005 NEC.
•
Title 7 CFR, Part
1755 — Telecommunication Standards and Specifications for Materials, Equipment, and Construction. This regulation in the Department of Agriculture applies to telecommunications wiring and equipment and requires compliance with the NEC.
8. Anticipated Economic Impact of Implementing the Rule
The Department believes that the proposed changes will have little or no adverse economic impact. Nevertheless, it plans to solicit information and advice from businesses, local government units, and individuals in relation to the economic effects of the new provisions.
Contact Person
Safety and Professional Services
This statement of scope was approved by the governor on April 17, 2014.
Rule No.
Relating to
Plumbing products approval.
Rule Type
Emergency and permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
Under current law, certain plumbing products, such as water treatment and water softening devices, may receive two separate approvals before their use is permitted in Wisconsin. The first approval is usually issued by a third party, such as NSF International, and based on a national standard. The second layer of approval derives from ch.
SPS 384 which describes situations when a plumbing product must also be submitted to the Department for review and approval. Due to the extreme and prolonged freezing this winter, it is expected that a greater number of private well owners will choose to upgrade their water supply systems at this time. The Department has reason to believe its secondary review delays or prevents Wisconsin residents from readily accessing plumbing products that would improve the safety of Wisconsin's drinking water this spring. These products have been approved under national plumbing standards and are available to consumers of other states but have not yet completed the Department's review process. Promulgating revisions through the emergency rule process is needed to avoid delays in the utilization of these technologies.
2. Detailed Description of the Objective of the Proposed Rule
The objective of this rulemaking project is to streamline the Department's plumbing products approval processes outlined in ch.
SPS 384. The Department will consider eliminating its approval process for water treatment products that are already certified under nationally recognized standards.
The Department seeks to increase the efficiency of its plumbing product review processes and ease administrative burdens on manufacturers. These goals are substantially in accordance with Governor Walker's Executive Order No. 61 which directs the Department to analyze its rules to increase efficiency and decrease costs to small businesses.
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
Plumbing products are usually reviewed and approved by third party inspectors based on prevailing national standards without the Department's additional review. Chapter
SPS 384 describes certain situations when a producer of plumbing products must submit materials for the Department's review. For these products, the Department's review is required even after a national certification has been obtained. Water treatment devices or bottled water vending machines that are listed as complying with NSF Standard 44 do not require additional review by the Department; however, water treatment devices that comply with other national standards must still obtain a second approval from the Department. Wisconsin is one of only a handful of states that require additional product approval beyond a national certification.
The Department would like to deem other national standards that assure the quality of plumbing products sufficient for approval without the Department's secondary review. This would maintain a high standard for plumbing products while decreasing the time Department staff spend reviewing product submissions. It also decreases the costs to companies who have already paid for testing pursuant to a national standard by relieving them of the cost of a second review. For these reasons, the Department would like to exempt other nationally certified plumbing products from the second layer of review currently required.
Not conducting this review would result in unnecessary costs to product manufacturers, consumers of plumbing equipment, and the Department.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Generally,
Wis. Stat. s. 227.11 (2) (a) empowers the Department of Safety and Professional Services to promulgate rules interpreting the provision of any statute the Department enforces or administers.
The Department also has the following duties and powers:
Wis. Stat. s. 101.02 (1) states, “[t]he department shall adopt reasonable and proper rules and regulations relative to the exercise of its powers and authorities and proper rules to govern its proceedings and to regulate the mode and manner of all investigations and hearings."
Wis. Stat. s. 145.02 Powers of department.
(1) The construction, installation and maintenance of plumbing in connection with all buildings in this state, including buildings owned by the state or any political subdivision thereof, shall be safe, sanitary and such as to safeguard the public health and the waters of the state.
(2) The department shall have general supervision of all such plumbing and shall after public hearing prescribe and publish and enforce reasonable standards therefor which shall be uniform and of statewide concern so far as practicable. Any employee designated by the department may act for the department in holding such public hearing. To the extent that the historic building code applies to the subject matter of these standards, the standards do not apply to a qualified historic building if the owner elects to be subject to s.
101.121.
(3) The department may exercise such powers as are reasonably necessary to carry out the provisions of this chapter. It may, among other things:
(b) Conduct investigations and experiments for the advancement of technical knowledge relating to plumbing and may hold public meetings and attend or be represented at such meetings within or without the state.
(f) Issue special orders directing and requiring compliance with the rules and standards of the department promulgated under this chapter whenever, in the judgment of the department, the rules or standards are threatened with violation, are being violated or have been violated. The circuit court for any county where violation of such an order occurs has jurisdiction to enforce and shall enforce any order brought before it by injunctive and other appropriate relief. The attorney general or the district attorney of the county where the violation of the order occurs shall bring action for its enforcement. The department may issue an order under this paragraph to abate a violation of s.
254.59.
(g) By rule, fix fees for the examination and approval of plans of plumbing systems and collect the same.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
The staff time needed to revise the rules is expected to be approximately 80 hours. This time includes research, consulting, drafting the rule revisions, consulting with stakeholders, processing the rule revisions through public hearings, legislative review, and adoption. There are no other resources necessary to revise the rules.
6. List with Description of all Entities that may be Affected by the Proposed Rule
This rulemaking project may affect plumbing product manufacturers, plumbers, building owners, home owners, retail stores, and the people they serve.
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
An Internet-based search of the Code of Federal Regulations (CFR) and the Federal Register revealed the following laws and regulations related to plumbing products:
•
42 USC § 1417. The Reduction of Lead in Drinking Water Act. This federal law amends the Safe Drinking Water Act (SDWA) and sets new, lower standards for the amount of lead permissible in plumbing products that come into contact with potable water. The U.S. Environmental Protection Agency (EPA) has primary responsibility for interpreting the SDWA with individual states using health or plumbing codes or other standards consistent with the SDWA and EPA regulations to enforce those standards. The new law reduces the permissible levels of lead in the wetted surfaces of pipes, pipe fittings, plumbing fittings and fixtures to a weighted average of not more than 0.25%.
•
40 CFR § 141. Primary Drinking Water Regulations. These regulations set maximum levels for contaminants in drinking water.
•
10 CFR § 430.31-
35. Energy and Water Conservation Standards. The Energy Policy and Conservation Act, as amended (EPCA), requires the Department of Energy to administer an energy and water conservation program for certain major household appliances and commercial equipment, including certain plumbing products.
•
16 CFR § 305.16. This section establishes requirements for consumer appliance products including many plumbing products. It sets requirements for labeling and energy consumption.
8. Anticipated Economic Impact of Implementing the Rule
The Department believes the proposed changes will have no adverse economic impact. The changes under consideration are intended to alleviate unnecessary economic burdens on plumbing product manufacturers and their customers. The revisions are also anticipated to decrease the Department's costs of administration.
Contact Person
Safety and Professional Services
Plumbing, Chs.
381—387
General Part IV, Chs.
388—
This statement of scope was approved by the governor on April 28, 2014.
Rule No.
Relating to
Comprehensive update of the POWTS (private onsite wastewater treatment systems) and Wisconsin Fund (POWTS replacement and rehabilitation financial assistance fund) codes.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
N/A
2. Detailed Description of the Objective of the Proposed Rule
The major objective of this proposed rule is to conduct a comprehensive update of the POWTS, (private onsite wastewater treatment systems) and the Wisconsin Fund (POWTS replacement and rehabilitation financial assistance fund) codes. This revision may result in revisions being made to other chapters in the state plumbing code, specifically: ch.
SPS 381, definitions and standards, ch.
SPS 382, plumbing installation, ch.
SPS 384, plumbing products, ch.
SPS 385, soil and site evaluation, and possibly ch.
SPS 391, sanitation.
The POWTS code, ch.
SPS 383, has not been reviewed in its entirety since April 2000. Recent technological advances and improved methodologies will be reviewed for possible inclusion in this revision.
Under s.
145.245 (7) (c), Stats., the funding tables for the Wisconsin Fund code, ch.
SPS 387, are to be revised when it is determined that 60% of current costs of private sewage system rehabilitation or replacement exceed the amounts in the grant funding tables by more than 10% and shall not revise these table more than every two years. These tables were last revised in February 1999.
The provisions of Executive Order 61 establish the basis for the department's comprehensive review with respect to assisting small business owners, reducing economic impact on small business, creating job growth, and identifying strategies for increasing code compliance. Any statutory changes enacted after the last revision that affect these rules will also be used as a basis for revision, as well as incorporating by reference updated national standards and recognizing current technology and methodology where related to the POWTS code. In developing the proposed rules, the department expects to utilize the input from an advisory code council with representatives from various sectors of the industry.
In addition, corrections may be made to correct typographical errors, and update statutory references, internal cross references, and Notes to reflect current information. Appendix material, where appropriate, will direct readers to the information via a URL link; some material now copied in whole or part in the Appendix may be deleted; Notes within the rule text will include a URL link to the appropriate information.
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
These revisions may be based on one or more of the following: petitions received since the last code update, comparison of the 2012 International Private Sewage Disposal Code, field observations, and knowledge of improved technology, processes and methods. A review of the funding requests for the Wisconsin Fund will also be undertaken to determine any changes needed in the funding assistance tables.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
227.11 (2) (a), Stats.: Each agency may promulgate rules interpreting the provisions of any statute enforced or administered by the agency, if the agency considers it necessary to effectuate the purpose of the statute, but a rule is not valid if the rule exceeds the bounds of correct interpretation.
Section
145.02, Stats.: The authority provides that all plumbing in connection with buildings and facilities in the state, including buildings owned by the state or any political subdivision thereof, shall be safe, sanitary and such as to safeguard the public health and the waters of the state.
Section
145.245 (5) (c) 4., Stats.: The department shall promulgate rules establishing criteria for determining what constitutes satisfactory evidence of federal adjusted gross income or projected federal adjusted gross income in a current year.
Section
145.245 (5) (d) 2., Stats.: The department shall promulgate rules establishing criteria for determining what constitutes satisfactory evidence of gross revenue in a prior taxable year.
Section
145.245 (5) (d) 4., Stats.: The department shall promulgate rules establishing criteria for determining what constitutes satisfactory evidence of gross revenue in a current year.
Section
145.245 (7) (c), Stats.: The department shall prepare and publish private on-site wastewater treatment system grant funding tables which specify the maximum state share limitation for various components and costs involved in the rehabilitation or replacement of a private on-site wastewater treatment system based upon minimum size and other requirements specified in the state plumbing code promulgated under s.
145.02, Stats.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
The Department estimates approximately 650 hours will be needed to perform the review and develop the proposed rule revisions. This time includes comparing updated national standards, meeting with stakeholders, drafting the rule revisions, and processing the revisions through public hearings, legislative review, and adoption. The Department will assign existing staff to perform the review and develop the rule revisions, and no other resources will be needed.
6. List with Description of all Entities that may be Affected by the Proposed Rule
Public and private entities that own private sewage systems (POWTS) or are involved in program administrative functions such as soil testing, design, installation and construction, inspection and maintenance, as well as product manufacture and sales. Homeowners and small business owners that may be eligible for financial assistance in the replacement or rehabilitation of a POWTS.
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
Under
7 CFR 1924.107, utilities, all development under this subpart must have adequate, economic, safe, energy efficient, dependable utilities with sufficient easements for installation and maintenance. (Utilities include POWTS.)
Under
40 CFR 35.918, individual systems and the requirements for discharge of effluents, the U.S. EPA has the authority to prescribe requirements for individual on-site wastewater treatment systems, as well as the provisions of financial assistance. In addition, best practicable waste treatment criteria published by EPA under section 304(d)(2) of this Act shall be met for disposal of effluent on or into the soil from individual POWTS systems.
Under 40 CFR, subch. B, part 31, this rule establishes uniform criteria for POWTS where financial assistance is available on the state and local levels.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
The review is being conducted with the provisions of Executive Order 61 in mind; therefore, the rule changes contemplated in this project are not expected to have any negative economic impacts on any of the affected entities listed above.
Contact Person
Jean MacCubbin, Administrative Rules Coordinator, phone (608) 266-0955.
Transportation
This statement of scope was approved by the governor on April 16, 2014.
Rule No.
Relating to
Elderly and disabled transportation capital assistance program.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
N/A
2. Detailed Description of the Objective of the Proposed Rule
Prior to MAP-21 — the most recent federal transportation budget reauthorization — Federal Transportation Assistance's (FTA's) 5310 (“Enhanced Mobility of Seniors and Individuals with Disabilities") program was a competitive, state-administered program that funded capital projects designed to improve mobility for elderly individuals and individuals with disabilities.
While the general program objective remains the same under MAP-21, the FTA 5310 grant program rules have changed significantly. The most substantive changes include:
1)
The revised FTA 5310 program includes the former 5317 (New Freedom) program, which provides mobility options beyond Americans with Disabilities Act (ADA) requirements for individuals with disabilities. In Wisconsin, the New Freedom program has primarily funded mobility managers across the State.
2)
The revised FTA 5310 is a sub-allocated program, with funding going directly to large urban areas, and separate categories of funding for small urban and rural projects to be administered by the Wisconsin Department of Transportation (WisDOT).
3)
Operating projects are eligible for funding under the revised FTA 5310 program. However, only 45% of federal program funds in each demographic category may be used for such projects. At least 55% of federal program funds must be used for capital projects.
4)
Grant awards under the revised FTA 5310 program need not be based on a competitive application process.
Chapter
Trans 2 is now outdated, given the FTA 5310 program changes established under MAP-21. The existing rule establishes an outdated and overly-prescriptive FTA 5310 application process, causing unnecessary work for applicants and WisDOT staff members, and complicates potential automation of the application process.
This rule revision would acknowledge the new program rules and would afford WisDOT Transit Staff the flexibility needed to administer the program more efficiently and reduce the effort required of applicants and grant recipients. The proposed rule-making would reflect the new program structure, but would be written in a manner that would allow WisDOT to administer a statewide program in the future should federal rules change.
Based on WisDOT Transit's experience with other competitive grant applications, the department is certain that it can conduct a high-quality, compliant application process yielding equitable results and good projects in a much more efficient manner.
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
As referenced above, the FTA 5310 program has been a capital-only program. Chapter
Trans 2 currently reflects a WisDOT Transit policy established long ago that limits FTA 5310, s.
85.22-funded capital grants to vehicle purchases. (In contrast, FTA defines “capital project" to include such things as mobility management projects, ancillary vehicle equipment, such as communications equipment, preventative maintenance, etc.) For reasons of consistency with new FTA 5310 program rules and sound program administration, this restriction should be eliminated.
Mobility management projects have been funded through the federal 5317 (New Freedom) program. Under MAP-21, such projects must now be funded with FTA 5310 funds. While FTA permits mobility management projects to be funded as either capital projects or operating projects, funding them as capital projects permits a higher level of reimbursement (80% of capital project cost vs. 50% for operating projects).
Both mobility management and vehicle acquisition projects are critical to meeting Wisconsin's transportation needs for seniors and individuals with disabilities. Funding one type of project over the other, or displacing either for other types of projects would be disruptive to Wisconsin's elderly and disabled transportation networks. Consequently, the department intends to maintain the practice of funding worthy projects of both types. The department anticipates having the ability to consider funding other types of eligible projects that maintain or substantially improve transportation services for Wisconsin's elderly and disabled citizens as a result of this rule-making.
Because of the program structure changes establishing sub-allocation and allowing large urban areas (Appleton, Green Bay, Madison, and Milwaukee) to become direct recipients, the department will update the coordination provisions that are currently found in ch.
Trans 2 to reflect coordination between WisDOT and the state's new direct recipients. However, the department intends to revise these provisions in a way that would accommodate a subsequent return to the previous direct recipient arrangement, with WisDOT as the sole statewide direct recipient. Strong nationwide support already exists to return to the previous direct recipient arrangement with the next reauthorization.
The department does not anticipate any changes (or objections) regarding its policy of simplifying the application process wherever possible. Eliminating some provisions of s.
Trans 2.05 will enable the department to pursue this policy more effectively without compromising application or project evaluation procedures.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
85.22 (3) ADMINISTRATION. The department shall administer the grant program and shall have all the powers necessary and convenient to implement this section, including the following powers:
(a) To receive and review annually applications for aid under this section and to prescribe the form, nature and extent of information which shall be contained in applications. Each applicant shall indicate whether the transportation services it provides or proposes to provide conflict with any transportation services being provided under s.
85.21, Stats.
(b) To establish criteria for evaluating all applications and for placing each application in a statewide priority ranking for distribution of available federal and state moneys.
(c) To make and execute agreements with eligible applicants to provide for the undertaking of transportation services to elderly or disabled persons.
(d) To audit the records of all eligible applicants receiving aids under this section in accordance with generally accepted accounting principles and practices.
(e) To require eligible applicants receiving aids under this subsection to furnish information deemed necessary by the department.
(f) To apply for and receive federal grants on behalf of eligible recipients.
(g) To establish an annual application cycle for the program.
(h) To establish, by rule, standards for the coordination of transportation services to elderly and disabled persons for purposes of s.
85.22 (2) (am) 2. b. These standards may require certification by a local public body that any application for aid under this section shall be consistent with the recommendations of a local coordinating committee on transportation that has membership which is, in the department's judgment, sufficient to provide for adequate coordination of services available in the applicable area.
85.22 (4) AMOUNT AND USE OF AID. (a) Commencing with the highest ranked application and to the extent that state moneys are available, the department shall offer to each eligible applicant an amount of state aid such that the sum of federal and state aid received by an applicant does not exceed any of the following:
1. The percentage specified by the department by rule, of the estimated capital project costs.
2. For the specific type or category of capital equipment for which aid is paid, the percentage of the estimated capital costs that are eligible for federal aid.
(b) State aid available under this section shall not be available for operating purposes.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
The department anticipates that work on the rule revision will require 6 meetings of 2 hours each, involving 4 staff members, for a total of 48 hours. In addition, the department anticipates 2 hours for 4 staff members at a public hearing, plus 4 hours of attorney review and 4 hours of Administrative Rules Coordinator involvement in the revision process. This is a total of 64 hours of WisDOT staff time.
6. List with Description of all Entities that may be Affected by the Proposed Rule
WisDOT's intent is to provide continuity for stakeholders that historically have participated in and benefitted from both the FTA 5310 and 5317 programs. The participants primarily fall into two groups: 1) mobility managers, who are represented by the Wisconsin Association of Mobility Managers (WAMM), and 2) private non-profit organizations and public agencies that provide specialized transportation service and rely on the FTA 5310 program for purchasing vehicles. Active 5310 grantees include 26 county and tribal agencies and 52 non-profit organizations. Numerous other organizations participate in the program via sublease agreements and alternate arrangements with our grantees.
The beneficiaries of the 5310- and 5317-funded services are Wisconsin's elderly and disabled citizens.
The department does not expect that its proposed rule revisions will have a harmful impact on any of these stakeholders.
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 proposed revisions are largely a response to the previously referenced changes to FTA's 5310 program under MAP-21, and the coincident elimination of the 5317 program. Effective with the use of FFY 2013 funds, the department must operate the FTA 5310 program consistent with new program rules, the most significant of which are noted in Section 2 above.
The department anticipates rule revisions will acknowledge the new program structure, but will also make allowances for the old program structure should it return to its original program structure.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
The Department anticipates the proposed rule revisions to have a modest but beneficial impact on participants in our FTA 5310, s.
85.22 program. It will enable the department to simplify the grant application process and reporting burden for sub-recipients. Small non-profit organizations that require outside help in the form of hired grant-writers are likely to benefit the most from the rule changes.
Contact Person
Steven Hirshfeld, (608) 267-0209
Judy Foss, (608) 266-8968
Veterans Affairs
This statement of scope was approved by the governor on April 21, 2014.
Rule No.
Relating to
Grants to non-profit organizations.
Rule Type
Emergency and permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
Exempt. Section
9 of
2013 Act 190 authorizes the Department of Veterans Affairs to promulgate emergency rules under section
227.24 of the statutes to implement section
45.46 of the statutes, as created by the act.
2. Detailed Description of the Objective of the Proposed Rule
The proposed rule relates to new authority by which the Department of Veterans Affairs may award grants to nonprofit organizations that assist veterans or their families.
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
There is no existing policy relevant to this rule because this is a new program. The Department has existing rules related to grants awarded to veterans service organizations and counties for the delivery of services to veterans, and also specifically for transportation services provided to veterans. The existing rules, however, are insufficient and inappropriate for the new grant authority.
The proposed new policies will create a process for non-profit organizations that provide financial assistance or other services to veterans and their dependents to apply for grant funds not to exceed $25,000 per fiscal year. The proposed rule will require a non-profit organization to submit: (1) proof of non-profit status; (2) a description of the financial assistance or other services it provides to veterans and their dependents; (3) and describe their need for the requested funds. The proposed rule will require the Board of Veterans Affairs to review the applications for these grants and make recommendations of award to the Secretary of the Department.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Act 190 creates s.
45.46, Stats., which provides the Department of Veterans Affairs authority to award grants to non-profit organizations that provide assistance to veterans or their families.
Section
45.03 (1), Stats., authorizes the Secretary of the Department of Veterans Affairs to promulgate rules necessary to carry out the purposes of Chapter
45 and the powers and duties conferred upon it.
Section
227.10 (1), Stats., directs each agency to promulgate as a rule each statement of policy to govern its enforcement and interpretation of a statute.
Section
227.10 (2m), Stats., directs each agency to promulgate rules for the implementation or enforcement of any standard, requirement, or threshold.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
120 hours
6. List with Description of all Entities that may be Affected by the Proposed Rule
Non-profit organizations that provide financial assistance or other services to veterans and their dependents.
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
There are no known existing or proposed federal regulations that address this new state grant program.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
There is no anticipated economic impact.
Contact Person
Veterans Affairs
This statement of scope was approved by the governor on April 21, 2014.
Rule No.
Relating to
The veterans assistance program: aid to indigent veterans and veterans housing program.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
N/A
2. Detailed Description of the Objective of the Proposed Rule
The proposed rule change relates to the two programs within the Veterans Assistance Program.
Aid to Indigent Veterans (AIV): The Legislative Audit Bureau (Report 11-3) recommended the Department promulgate rules to: (1) establish clear eligibility requirements, including any type and amount of assets to be excluded from eligibility determinations; (2) establish a policy on divestment, including requiring applicants to provide sufficient documentation for determining whether the timing and nature of any asset transfers, including the establishment of trusts, is allowable; (3) clearly define any limits on the amounts and types of life insurance and burial assets that are exempt, and require applicants to provide sufficient documentation to assess them; and (4) require Union Grove staff to verify financial information provided at the time of application to the assisted living facilities, and annually thereafter.
Additionally, the rule will more clearly distinguish the AIV program from the program by which the Department provides transitional housing and supportive services to homeless veterans, or those veterans at risk of becoming homeless, currently named the Veterans Assistance Program (VAP) which will be renamed Veterans Housing and Recovery Program (VHRP) by the proposed rule.
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
The AIV program provides state funds to enable indigent veterans to remain in the assisted living center operated at the Wisconsin Veterans Home at Union Grove. The Legislative Audit Bureau, in a 2011 audit of the Homes, recommended that departmental policies related to eligibility be codified in rule.
Chapter
VA 13 also encompasses the Department's program that provides transitional and supportive housing and services to homeless veterans, funded largely by the US Department of Veterans Affairs Grant and Per Diem program. This program is distinct from the AIV, however, confusion arises because it is named the Veterans Assistance Program (VAP), the same as the title of the chapter. The new rule will clearly distinguish the two programs within the Veterans Assistance Program.
The policy alternative is to not promulgate rules; however, the Legislative Audit Bureau (LAB) recommended that rules be promulgated.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
45.43, Stats., directs the Department of Veterans Affairs to administer a program to provide assistance to veterans whose need for services is based upon homelessness, incarceration, or other circumstances designated by the Department by rule.
Section
227.10 (1), Stats., directs each agency to promulgate as a rule each statement of policy to govern its enforcement and interpretation of a statute.
Section
227.10 (2m), Stats., directs each agency to promulgate rules for the implementation or enforcement of any standard, requirement, or threshold.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
120 hours
6. List with description of all entities that may be affected by the proposed rule
Entities that may be affected by the proposed rule will be individuals who apply for the Aid to Indigent Veterans 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
There is no existing or proposed federal regulation that addresses the AIV activities regulated by the proposed rule.
Federal regulations applicable to the VHP are not implicated by the changes proposed in this rule.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
There is no anticipated economic impact.
Contact Person
