Analysis prepared by the Public Service Commission
Statutory authority: ss. 196.02 (3), 196.378 (3), and 227.11, Stats.
Statute interpreted: s. 196.378, Stats.
1999 Wis. Act 9 created a renewable portfolio standard, requiring electric providers to meet certain minimum percentages of their retail sales with renewable resources. The minimum percentage gradually increases as follows:
Year 2001: 0.5 percent of total retail electric sales.
Year 2003: 0.85 percent of total retail electric sales.
Year 2005: 1.2 percent of total retail electric sales.
Year 2007: 1.55 percent of total retail electric sales.
Year 2009: 1.9 percent of total retail electric sales.
Year 2011: 2.2 percent of total retail electric sales.
In lieu of providing renewable energy to its customers, an electric provider can purchase a renewable resource credit. Under s. 196.378 (3) (a), Stats., the Commission must “promulgate rules that establish requirements for the use of a renewable resource credit, including the amount of a renewable resource credit." This rule addresses the requirements and procedures for the use of renewable resource credits, during the interim period before the date when an identical permanent rule takes effect.
This rule establishes a renewable resource credits trading program and describes the minimum criteria for renewable facilities to be eligible for creation of credits in the trading program. The rule also describes the duties of a program administrator, who supervises and implements the trading program. The program administrator is required to create a trading account for participating electric providers and to award renewable resource credits to the account of an electric provider of energy, from a certified renewable facility, that exceeds its minimum requirement. The program administrator must retire renewable resource credits upon their use to satisfy an electric provider's minimum renewable energy requirement.
Publication Date:
April 7, 2001
Effective Date:
April 7, 2001
Expiration Date:
September 4, 2001
Tobacco Control Board
Rules adopted creating ch. TCB 1, relating to the administration and awarding of grants for tobacco control and establishing criteria for recipients of the grants.
Finding of emergency
The Wisconsin Tobacco Control Board finds that an emergency exists and that a rule is necessary for the immediate preservation of the health, safety and welfare of Wisconsin residents, particularly youth and current smokers. A statement of the facts constituting the emergency is as follows:
The health and fiscal impact of tobacco use are well documented. In Wisconsin alone, 7,800 deaths occur each year from tobacco-related disease. In addition, Wisconsin government, residents and health care providers pay over $1.3 billion annually for health care costs associated with tobacco use.
While tobacco's effects are in individuals' futures, immediate action is required to reverse the recent trend toward rising youth addiction and resulting long-term negative health effects of tobacco use. According to the Centers for Disease Control and Prevention, over 3,000 youths begin smoking every day in the United States. In Wisconsin alone, there has been a 19 percent increase in high school tobacco use since 1993, with over 38 percent of high school youth smoking a cigarette in the last month. This increase in youth tobacco use is particularly threatening since over 90 percent of current smokers began smoking before the age of 18. Of the current 1 million smokers in Wisconsin, half will die from tobacco-related diseases such as emphysema, lung cancer, heart disease and stroke.
In addition, tobacco use among specific populations continues to present an ongoing threat to the health of Wisconsin citizens. Wisconsin has a rate of tobacco use among pregnant women that is 30 percent higher than the national average. In addition, the national smoking rate among African-American youth doubled from 14 percent in 1993 to 28 percent in 1997. Finally, the 48% smoking rate of Medicaid recipients is twice the rate of the general population.
The ongoing and emerging health impacts and costs associated with tobacco use necessitate the immediate implementation of the comprehensive initiative to address tobacco use in Wisconsin.
The Board, through this order, is creating chapter TCB 1 relating to the Board's administering and awarding grants for tobacco control and establishing criteria for recipients of the grants. The rule is being promulgated under the authority of s. 255.15 (1m), Stats., for the purpose of establishing criteria, procedures, requirements and conditions for the award of project grants from the appropriation under s. 20.436 (1) (tc), Stats., to organizations that operate or propose to operate programs reducing tobacco use by preventing tobacco use, promoting tobacco use cessation and eliminating environmental tobacco smoke.
Publication Date:
November 7, 2000
Effective Date:
November 7, 2000
Expiration Date:
April 6, 2001
Hearing Date:
January 10, 2001
Extension Through:
June 4, 2001
Scope statements
Health and Family Services
Subject
Ch. HFS 110 relating to licensing of ambulance service providers and emergency medical technicians (EMTs)-basic IV.
Objective of the Rule. To create and amend the chapter to include provisions necessary for the department to issue EMT-basic IV training permits.
Policy analysis
The department licenses emergency medical technicians (EMTs) at the basic and basic IV levels under s. 146.50, Stats., and ch. HFS 110, Wis. Adm. Code. The EMT-basic IV license level was added to ch. HFS 110 through a department rulemaking order that became effective on February 1, 2001. The addition of the EMT-basic licensing level was the result of evolving EMS system-wide changes. However, although the recently promulgated rulemaking order addressed the licensing, training and operational plans related to EMTs-basic IV, the rulemaking order neglected to address the department's issuance of training permits for EMTs-basic IV. A training permit is required at all other EMT levels and is necessary for students who are being trained to the EMT-basic IV level in order for them to get practical experience as part of their training course. The field experience treating patients allows the student to apply skills he or she has learned in class by treating a patient while supervised by an EMT licensed to at least the EMT-basic IV level. The proposed rules will correct the department's oversight of provisions that are necessary for the department to issue EMT-basic IV training permits.
Statutory Authority
Section 146.50 (5) (b) and (d) 1., Stats.
Staff Time Required
5 hours.
Health and Family Services
Subject
Ch. HFS 47 relating to large family child care centers.
Objective of the Rule. To create a new category of care that would allow more children to be cared for in home-based child care facilities without the need to meet the licensing rules for larger group child care centers. It would also increase the ability of family child care providers to care for between 9 - 12 children in a home-based setting, thereby increasing the availability of child care within a geographic area.
Policy analysis
Sections 48.65, 48.66, 48.67, 48.68, 48.69, 48.70, 48.715 and 48.78, Stats., pertain to the Department's licensing and regulation of day care centers. Currently, the Department has established 2 chapters of administrative rules governing the licensing and operation of day care centers. The rules establish different requirements for day care centers depending on the number of children served. Chapter HFS 45, Family Day Care Centers for Children, applies to smaller day care centers, defined as “places where a person, other than a parent, relative or guardian, provides care and supervision for 4 to 8 children under 7 years of age for less than 24 hours a day and for compensation" [s. HFS 45.02 (4)]. Chapter HFS 46, Group Day Care Centers for Children, applies to places “where a person other than a relative or guardian provides care and supervision for 9 or more children for less than 24 hours a day for compensation" [s. HFS 46.02 (13)]. Typically, Group Day Care Centers for Children are known as “day care centers," “nursery schools," “preschools," “head start" or “school-age child care programs."
Currently, day care centers wishing to care for more than 8 children must obtain a license to operate a Group Day Care Center for children under ch. HFS 46. Family child care providers (those providing care for 4 to 8 children) have asked the Department to consider another arrangement that would allow them to care for a few more children without having to meet the group licensing rules. The proposed new rules, chapter HFS 47, would be a melding of existing day care rules into a separate and distinct category of care that would contain elements of both the current ch. HFS 45 (family) and ch. HFS 46 (group) day care rules. Advocates of establishing “large family child care centers" under ch. HFS 47 maintain that the category's establishment will result in an increase in the availability and accessibility of both the total number of child care center licensees (those licensed under ch. HFS 45, 46 and 47) and the total number of child care “slots" or “positions" of those child care center licensees in a geographic area. In so doing, these proposed rules would respond to the increased child care needs created by W-2 and the continuing trend of parents being employed outside the home. The creation of the “large family child care" category of rules being proposed by the Department in this Statement of Scope was supported by the predecessor to the DWD Office of Child Care Council, known as the DHSS Day Care Advisory Committee. The Department proposes a maximum size of 12 children in each large family child care center because that number coincides with the maximum permissible size of child care centers eligible for reimbursement by the USDA Child and Adult Care Food Program.
Under current state law, large family child care licensees would not be entitled to the same exemptions that currently apply to family day care centers for 4 to 8 children. For example, under s. 66.1017, Stats., family day care centers for 4 though 8 children are exempt from local zoning requirements. However, the section 66.1017 statutory exemption from compliance with local zoning requirements would not extend to large family child care centers, making such centers subject to local zoning requirements. In addition, Wisconsin Department of Commerce building codes in chapters Comm 50 to 64 govern child care centers that either serve 9 or more children or that are located outside of a residence. The Dept. of Commerce rules would also apply to large family child care centers. In either case, a Department-certified agency or individual must periodically inspect the child care center for compliance with chapters Comm 50 to 64. Given the applicability of chapters Comm 50 to 64, the Department will consult with Department of Commerce representatives in developing the proposed ch. HFS 47 rules to help ensure that buildings used for large family child care centers are safe.
The Department expects that its establishing the licensure category of “large family child care centers" would have the following effects:
•
It would allow child care providers to care for 9 – 12 children without requiring them to meet the ch. HFS 46, Group Day Care rules. Some smaller group child care centers would also fall into this intermediate category of care, thereby relaxing some of the licensing rules smaller group child care center providers are currently required to meet under ch. HFS 46.
•
It would increase the variety of sites where large family child care could be provided. Some residences are sufficiently large to serve more than 8 children and other types of settings, such as store fronts, would also be candidates for housing large family child care centers.
•
It will expand a given community's child care capacity.
•
It may attract more individuals and agencies into providing child care.
Statutory Authority
Section 48.67, Stats.
Staff Time Required
The Department anticipates taking about 18 months to develop and promulgate the ch. HFS 47 rules. The Department estimates that approximately 2,000 hours of Department staff time will be necessary. Principal staffing will be provided by the Bureau of Regulation and Licensing that includes the child care program specialist, licensing staff and supervisors and input from representatives from the Department's Office of Legal Counsel.
The Department will form an advisory group with representation from the Department, child care providers, professional organizations, the child care resource and referral agency network, Wisconsin Child Care Improvement Project, advocacy organizations, local agencies, Department of Workforce Development, the Department of Commerce and others. In addition, as the Department develops sections of the rules, the sections would be shared with representative groups of child care providers for review and comment and with regional and statewide forums and groups representing numerous stakeholders. These opportunities for public input would precede and would be in addition to ch. 227, Stats., formal public hearings.
Natural Resources
Subject
Clarify the definition of “indirect source" in s. NR 400.02 (85), Wis. Adm. Code, and update sections in chs. NR 438 and 484 to refer to a revised version of USEPA guidance document AP-42, Compilation of Air Pollutant Emission Factors, Volume I.
Policy analysis
The existing definition of “indirect source" needs to be clarified to distinguish between indirect emissions from roads and direct emissions from roads. Direct emissions from roads should be reported on the air program's emission inventory and should be subject to emission fees, while indirect emissions need not be reported. This rule change will affect any source that has a road that creates particulate emissions due to vehicular traffic. The reference tot he AP-42 publication needs to be updated to reflect the most recently published supplements. This publication, which the air rules incorporate by reference, contains emission factors for various categories of air pollution sources.
The proposed rule clarifies a definition and updates sections of the administrative code that refer to a USEPA reference that is updated by USEPA annually.
Statutory Authority
Sections 227.11 (2) (a), 227.21 (2), 285.11 (1) and (6) and 285.17 (1) (a).
Staff Time Required
114 hours.
Regulation and Licensing
Subject
Revision and clarification of administrative rules relating to the regulation of licensed and certified real estate appraisers.
Under federal law, the department is required to follow the guidelines set forth in the Policy Statements Regarding State Certification and Licensing of Real Estate Appraisers adopted by the Appraisal Subcommittee of the Federal Financial Institutions Examination Council and the Real Property Appraiser Qualification Criteria established by the Appraiser Qualifications Board of the Appraisal Foundation. The proposed revisions will primarily incorporate changes relating to these guidelines.
Objective of the Rule. Clarify and update administrative rules. Recommended changes relate to:
[1] revisions to the examination, education and experience requirements for licensed and certified real estate appraisers;
[2] revisions to the rules for unprofessional conduct, and
[3] clarity, grammar, punctuation, and use of plain language.
Policy analysis
Existing policies are contained in Chapters RL 80-87 and Appendix I, Wis. Admin. Code. The proposal would revise the following:
[1] definitions;
[2] examination, education and experience requirements;
[3] rules of unprofessional conduct and,
[4] Chapters RL 80-87 to make minor, technical and grammatical changes.
Statutory Authority
Sections 227.11 (2); 458.03 (1); 458.06; 458.08; 458.085, Stats.
Estimate of the amount of time that state employees will spend to develop the rule and of other resources necessary to develop the rule.
Staff Time Required
