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
