Scope statements
Administration
Subject
Non-municipal electric utility low-income assistance fee, affecting ch.
Adm 43.
Policy Analysis
Objective of the rule. To remove references to “Public Benefits" programs pursuant to
2005 Wisconsin Act 141. The changes will also revise and simplify the manner in which the Low-Income Assistance Fee is collected.
Existing policy. 1999 Wisconsin Act 9 included major provisions relating to aspects of electric utility regulation, commonly referred to as “Reliability 2000." That legislation created a new statutory framework within which “Public Benefit" programs relating to low–income energy assistance and energy conservation and renewable energy were continued and expanded.
Under ss.
16.957 (2) (c) and
(4) (b), Stats., the Department of Administration promulgated rules setting fees to be collected by utilities from their customers, and establishing requirements and procedures related to those low–income and energy conservation programs. This rule provides mechanisms for setting, collecting, and reporting the fees, and related matters.
New policy. 2005 Wisconsin Act 141 reversed major portions of the earlier
1999 Wisconsin Act 9. That Act transferred responsibility for energy conservation and renewable energy to the Public Service Commission while leaving responsibility for low-income energy assistance at the Department of Administration.
The amendments to this rule remove references to energy conservation and renewable energy programs and associated fees, while leaving them intact for low-income assistance programs. The amended rule will simplify the collection of fees by the Department for the conduct of the low-income assistance program, which will henceforth be referred to as the “Low-Income Assistance Program."
Policy alternative. Do not change the program name in the existing rules. The program could continue to operate under existing statutory authority even if the nomenclature was inaccurate. The existing collection process has proven to be workable but very cumbersome to all parties. It could continue to operate as is.
Statutory authority
Staff time required
Staff and management of the Division of Energy are expected to spend approximately 40 hours over the course of the drafting and approval process. Department of Administration legal staff is expected to spend approximately 12 hours.
Entities affected by the rule
The change in the name will merely reflect the revised program which contractors will deal with as a result of
2005 Wisconsin Act 141. Non-municipal electric utilities in Wisconsin will be able to deal with the collection of the Low-Income Assistance Fee with less difficulty. Electric rate payers will notice no changes as a result of this rule, nor will existing low-income delivery agents who currently deliver the Low-Income Assistance program under contract with DOA.
Comparison with federal regulations
The Low-Income Assistance program receives substantial federal funding. The rules associated with that funding will have no impact on the activities in this rule, nor will the rule changes impact the federal program.
Administration
Subject
Energy conservation and efficiency and renewable resource programs, affecting ch.
Adm 44.
Policy Analysis
Objective of the rule. This rule is being repealed in its entirety because
2005 Wisconsin Act 141 transferred all of the responsibilities governed by the rule to the Public Service Commission.
Existing policy. The rule established requirements, procedures and criteria to be followed by program administrators in soliciting and selecting applications for grant funding to be awarded by the Department for energy efficiency and renewable energy programs established under s.
16.957 (2) (b), Stats.
New policy. Responsibility for those programs will be transferred to the Public Service Commission effective July 1, 2007.
Statutory authority
Staff time required
It is anticipated that less than 8 hours of staff time will be devoted to overseeing the process of repealing this rule. Department legal staff is expected to spend 2 hours.
Entities affected by the rule
The entities affected will be those involved with the energy efficiency and renewable energy programs to be transferred. This includes contractors, primarily the Wisconsin energy Conservation Corporation and the Energy Center of Wisconsin. They will be subject to oversight by the Public Service Agency upon the effective date of the transfer.
Comparison with federal regulations
There is no federal regulation that affects the activities in this rule, whether they are conducted by the Department or the Public Service Commission.
Administration
Subject
Low-income assistance, affecting ch.
Adm 45.
Policy Analysis
Objective of the rule. To change the name of the “Low-Income Public Benefits" program to “Low-Income Assistance" program in conformity with changes made by
2005 Wisconsin Act 141 which transferred the energy efficiency and renewable energy component of the “Public Benefits" program to the Public Service Commission. Only low-income assistance programs remain at the Department. The rule is also amended to conform a definition to a change made by
2005 Wisconsin Act 344.
Existing policy. Prior to
2005 Wisconsin Act 141, the low-income assistance programs were operated in tandem with energy efficiency and renewable energy programs as the “Wisconsin Public Benefits" program.
Under s.
16.957 (2) (c), Stats., the Department of Administration is required to promulgate rules for low–income assistance programs. The original rule established eligibility and application requirements and procedures for low–income assistance under the “Public Benefits" program, which included energy conservation and renewable energy responsibilities and was established under s.
16.957 (2) (a), Stats.
New policy. 2005 Wisconsin Act 141 transferred the energy efficiency and renewable energy responsibilities to the Public Service Commission, leaving the Department responsible for only the low-income assistance programs. This amendment substitutes the term “low-income assistance" for “public benefits" programs. No changes in the policies under which the low-income assistance programs operate are made by the amendment.
The amendment also changes a reference to “secured correctional facility" to “juvenile correction facility" to conform to a change contained in
2005 Wisconsin Act 344 at s.
938.02 (10p), Stats. This Act related to: reorganizing, making nonsubstantive editorial changes to, revising and creating titles in, clarifying ambiguous language in, and making minor substantive changes to the Juvenile Justice Code.
Policy alternative. Do not change the program name in the existing rules. The program could continue to operate under existing statutory authority even if the nomenclature was inaccurate.
Statutory authority
Staff time required
Staff and management of the Division of Energy are expected to spend approximately 20 hours over the course of the drafting, promulgation and review process. Department of Administration legal staff is expected to spend approximately 4 hours.
Entities affected by the rule
No substantive change is made by this amendment and no entity will be affected by this amendment; it merely changes the name of the program and conforms a definition to new law.
Comparison with federal regulations
The Low-Income Assistance program receives substantial federal funding. The name change and the definition modification are immaterial to the federal regulations covering the program.
Commerce
Subject
Objective of the rule. The purpose of chapter Comm 5 - Licenses, Certifications and Registrations, is to establish minimum standards for the qualifications and responsibilities of persons or businesses that are required or allowed to obtain credentials under chapters 101, 145, and 167 of the Wisconsin Statutes.
The purpose of the rule revision is to update the certification categories related to storage of flammable, combustible and hazardous liquids – and to update the requirements corresponding to those categories.
