F.   APPEARANCES AT PUBLIC HEARING
This rulemaking has been done without a hearing because, under s. 227.16 (2) (b), Stats., no hearing is required when an existing rule is being brought into conformity with a statute that has changed. However, written comments were solicited.
G.   ANY CHANGES TO THE FISCAL ESTIMATE OR THE ANALYSIS UNDER s. 227.14(2), STATS.
None.
H.   RESPONSE TO LEGISLATIVE COUNCIL COMMENTS
A copy of the Legislative Council report is included as Attachment A2. Responses to those comments follow:
2. Form, Style and Placement in Administrative Code
Agree. Change made.
4. Adequacy of References to Related Statutes, Rules and Forms
Agree. Change made.
I.   MISCELLANEOUS DETERMINATIONS
The commission’s Wisconsin Environmental Policy Act coordinator examined whether the rules will an environmental impact and concluded that they will not. Commission staff also considered whether the rules will impact housing under s. 227.115, Stats., and concluded that they will not.
STATE OF WISCONSIN
DEPARTMENT OF ADMINISTRATION
DOA-2049 (R03/2012)
Division of Executive Budget and Finance
101 East Wilson Street, 10th Floor
P.O. Box 7864
Madison, WI 53707-7864
FAX: (608) 267-0372
ADMINISTRATIVE RULES
Fiscal Estimate & Economic Impact Analysis
155 – PSC 135 – Pipeline Safety Regulations
1. Type of Estimate and Analysis
Original   Updated   Corrected
2. Administrative Rule Chapter, Title and Number
PSC 135, Gas Safety
3. Subject
Adoption of federal gas pipeline regulations
4. Fund Sources Affected
5. Chapter 20, Stats. Appropriations Affected
GPR   FED   PRO   PRS   SEG   SEG-S
6. Fiscal Effect of Implementing the Rule
No Fiscal Effect
Indeterminate
Increase Existing Revenues
Decrease Existing Revenues
Increase Costs
Could Absorb Within Agency’s Budget
Decrease Cost
7. The Rule Will Impact the Following (Check All That Apply)
State’s Economy
Local Government Units
Specific Businesses/Sectors
Public Utility Rate Payers
Small Businesses (if checked, complete Attachment A)
8. Would Implementation and Compliance Costs Be Greater Than $20 million?
Yes   No
9. Policy Problem Addressed by the Rule
c
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 those federal rule changes made since January 2013. Adoption of these amendments will keep the commission in compliance with its obligation to adopt all federal changes in the pipeline safety area.
10. Summary of the businesses, business sectors, associations representing business, local governmental units, and individuals that may be affected by the proposed rule that were contacted for comments.
All gas utilities, Wisconsin Utilities Association, Utility Workers’ Association, and National Federation of Independent Businesses.
11. Identify the local governmental units that participated in the development of this EIA.
N/A
12. Summary of Rule’s Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State’s Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
This rule will result in no economic impact since pipeline operators are already 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.
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
Adoption of these amendments will keep the commission in compliance with its obligation to adopt all federal changes in the pipeline safety area. Being in compliance increases the amount of federal money received by the state.
14. Long Range Implications of Implementing the Rule
The only long-range implication is that the state's enforcement authority will be updated.
15. Compare With Approaches Being Used by Federal Government
As this is the adoption of the federal regulations, it is the same approach as the federal government.
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
All states, including the neighboring states, adopt the federal pipeline regulations.
17. Contact Name
18. Contact Phone Number
Lisa Farrell
06/13/2014
ATTACHMENT A
1. Summary of Rule’s Economic and Fiscal Impact on Small Businesses (Separately for each Small Business Sector, Include Implementation and Compliance Costs Expected to be Incurred)
N/A
2. Summary of the data sources used to measure the Rule’s impact on Small Businesses
N/A
3. Did the agency consider the following methods to reduce the impact of the Rule on Small Businesses?
Less Stringent Compliance or Reporting Requirements
Less Stringent Schedules or Deadlines for Compliance or Reporting
Consolidation or Simplification of Reporting Requirements
Establishment of performance standards in lieu of Design or Operational Standards
Exemption of Small Businesses from some or all requirements
Other, describe:
4. Describe the methods incorporated into the Rule that will reduce its impact on Small Businesses
N/A
5. Describe the Rule’s Enforcement Provisions
N/A
6. Did the Agency prepare a Cost Benefit Analysis (if Yes, attach to form)
Yes No
(See PDF for image)LCRC FORM 2
WISCONSIN LEGISLATIVE COUNCIL RULES CLEARINGHOUSE
Scott Grosz and Jessica Karls-Ruplinger
Clearinghouse Co-Directors
Terry C. Anderson
Legislative Council Director
Laura D. Rose
Legislative Council Deputy Director
(See PDF for image)
CLEARINGHOUSE REPORT TO AGENCY
[THIS REPORT HAS BEEN PREPARED PURSUANT TO S. 227.15, STATS. THIS IS A REPORT ON A RULE AS ORIGINALLY PROPOSED BY THE AGENCY; THE REPORT MAY NOT REFLECT THE FINAL CONTENT OF THE RULE IN FINAL DRAFT FORM AS IT WILL BE SUBMITTED TO THE LEGISLATURE. THIS REPORT CONSTITUTES A REVIEW OF, BUT NOT APPROVAL OR DISAPPROVAL OF, THE SUBSTANTIVE CONTENT AND TECHNICAL ACCURACY OF THE RULE.]
CLEARINGHOUSE RULE 14-052
AN ORDER to amend PSC 135.019 (1), relating to adoption of federal pipeline safety regulations.
Submitted by PUBLIC SERVICE COMMISSION
08-29-2014   RECEIVED BY LEGISLATIVE COUNCIL.
09-11-2014   REPORT SENT TO AGENCY.
JKR:MQ
(See PDF for image)One East Main Street, Suite 401 P.O. Box 2536 Madison, WI 53701–2536 (608) 266–1304 Fax: (608) 266–3830 Email: leg.council@legis.wisconsin.gov http://legis.wisconsin.gov/lc/
Clearinghouse Rule No. 14-052
Form 2 page 2
LEGISLATIVE COUNCIL RULES CLEARINGHOUSE REPORT
This rule has been reviewed by the Rules Clearinghouse. Based on that review, comments are reported as noted below:
1.
STATUTORY AUTHORITY [s. 227.15 (2) (a)]
(See PDF for image)(See PDF for image)Comment Attached   YES   NO  
2.
(See PDF for image)(See PDF for image)FORM, STYLE AND PLACEMENT IN ADMINISTRATIVE CODE [s. 227.15 (2) (c)] Comment Attached   YES   NO
3.
(See PDF for image)(See PDF for image)CONFLICT WITH OR DUPLICATION OF EXISTING RULES [s. 227.15 (2) (d)] Comment Attached   YES   NO  
4.
ADEQUACY OF REFERENCES TO RELATED STATUTES, RULES AND FORMS [s. 227.15 (2) (e)]
(See PDF for image)(See PDF for image)Comment Attached   YES   NO
5.
(See PDF for image)(See PDF for image)CLARITY, GRAMMAR, PUNCTUATION AND USE OF PLAIN LANGUAGE [s. 227.15 (2) (f)] Comment Attached   YES   NO  
6.
POTENTIAL CONFLICTS WITH, AND COMPARABILITY TO, RELATED FEDERAL REGULATIONS [s. 227.15 (2) (g)]
(See PDF for image)(See PDF for image)Comment Attached   YES   NO  
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Links to Admin. Code and Statutes in this Register are to current versions, which may not be the version that was referred to in the original published document.