Scope statements
Commerce
Subject
Rule affecting ch.
Comm 129, relating to technology commercialization programs.
Policy analysis
The objective of the rule is to create chapter Comm 129 in response to
2003 Wisconsin Act 255. This Act directs Commerce to develop rules to administer a technology commercialization grant and loan program, an angel investment tax credit program, and an early stage seed investment tax credit program.
This chapter will at least address the following:
• Developing the criteria and process for certifying a qualified new business venture and defining a “bona fide angel investment".
• Developing the criteria and process for certifying an eligible seed fund manager.
• Outlining standards for limits on aggregate amount of tax credits that may be claimed.
• Developing the process and requirements for application, reporting, auditing and monitoring the technology commercialization grant and loan program.
Existing policies. The Department recognizes that there is a need to promote entrepreneurialism and to grow new high-tech business ventures in the state.
New policies. This is a new Wisconsin initiative to encourage venture capital investment in Wisconsin businesses.
Policy alternatives. The alternative of not creating this code chapter would result negatively in the state's ability to tap venture capital and to grow new high-tech businesses which will create high-wage, high-skilled jobs, create new investment and attract related industries.
Statutory authority
Staff time required
The Department estimates that it will take approximately 400 hours to develop this rule. This time includes meeting with affected industry groups, then drafting the rule and processing the rule through public hearings, legislative review and adoption. The Department will assign existing staff to develop the rule. There are no other resources necessary to develop the rule.
Federal regulation addressing the activities
There are no existing or proposed federal regulations that address or impact the activities to be regulated by this rule.
Financial Institutions - Banking
Subject
Rules pertaining to loan solicitors, competency examinations, continuing education, consumer mortgage brokerage agreements and consumer disclosure statements.
Policy analysis
2003 Act 260 requires that the department, by rule, define loan solicitor, establish standards for the approval by the loan originator council of examinations in the law of mortgage banking and mortgage brokering, establish standards for the approval by the loan originator council of curricula of education and minimum number of hours, prescribe the form and content for mortgage brokerage agreements, and prescribe the form and content of consumer disclosure statements. The rules set forth this definition, set forth guidelines regarding the examinations, curricula and hours; and set forth criteria for the form and content of the agreements and statements.
Statutory authority
Staff time required
500 hours.
Federal regulation addressing the activities
12 USC 2607 may affect the definition of loan solicitor.
Natural Resources
Subject
Development of the General Air Permit and Registration Air Permit Programs. This will affect chapters NR 406, 407 and 410, Wis. Adm. Code. The Rule package may also include waivers from construction permit requirements and identification of additional exemptions from construction permit requirements, should criteria for such changes be identified prior to a request for hearings on the proposed Rule package. The Rule package may also include the ability to identify construction permit conditions as "state-only" requirements when appropriate.
Policy analysis
The Department has been given statutory authority for the development of a general permit program and a registration permit program. These programs will allow the air program to issue general air pollution control construction and operation permits to those specific industries/processes that are similar, or registration permits to sources which have low actual or potential emissions, in a more timely and efficient manner. Fees associated with this program will also be included under ch.
NR 410, Wis. Adm. Code. The existing policy of construction and operation permitting is not changed by this rule proposal. This rule action will only modify the construction and operation permit requirements imposed on presently regulated sources.
Additionally, the Department will be holding public meetings in July 2004 concerning its overall strategy for regulating stationary air pollution sources. As a result of these meetings, the Department may include additional material in the proposed rule package then is presently anticipated to be included in that rule package.
Statutory authority
Staff time required
510 hours.
Summary and Comparison With Existing or Proposed Federal Regulations
The federal operation permit program contained in
40 CFR part 70 allows states to issue general operation permits, and Air Management has already issued some general operation permits. There are no federal regulations concerning general construction permits or registration permits. Some Federal regulations, such as those that require case-by-case analyses, would likely preclude their use for certain air polluting
activities.
Entities Affected by the Rule
These rules could potentially impact a large number of presently regulated facilities in the State. Entities which they are most likely to impact include asphalt plants, rock crushers, small printers, small electrical generators and other relatively small air pollution sources.
Natural Resources
Subject
The purpose of this rule package is to update chs.
NR 406 and
NR 407, Wis. Adm. Code, to provide for greater flexibility to major emission sources which use some of the new elements of the proposed changes to chs.
NR 405 and
NR 408, Wis. Adm. Code. The changes to chs.
NR 405 and
408 have been proposed to implement portions promulgated federal air permitting requirements, known as new source review (NSR). Additionally, changes to ch.
NR 410 are being proposed to update permit fees for the proposed changes to chs.
NR 405-
408, Wis. Adm. Code. These changes will potentially impact numerous major emission sources including paper mills, printers, foundries and utilities.
Policy analysis
The Department has 3 years (until January 2, 2006) to take final action to determine which features of the new federal NSR regulations should be implemented into Wisconsin rules. Since Wisconsin is proposing to incorporate an amended version of the federal NSR permitting requirements into the administrative rules, it is appropriate now to propose changes to the construction permit fee structure and minor source permitting program to coordinate it with the changes to the major source rules.
This proposal will make changes to the existing minor new source review program, operation permit program and permit fees to provide additional flexibility to affected facilities and to institute fees for Department review work which will become necessary under the proposed changes to chs.
NR 405-
408, Wis. Adm. Code.
The new NSR regulations are very controversial. Thirteen states, including Wisconsin, have filed lawsuits challenging EPA's decision to revise the NSR program. The petitions are based on the states' claims that the revised regulations will result in emission increases that will have a variety of negative impacts, such as making the achievement of air quality standards for ozone more difficult. Nine states have filed motions to intervene in the lawsuit in support of EPA's regulatory changes. These lawsuits are still pending in Federal court.
Statutory authority
Staff time required
1100 hours
Summary and comparison with existing or proposed federal regulations
