Rule-Making Notices (Hearing Notices)

rulemaking_notices Wisconsin Administrative Register No. 626, 2/14/2008

Rule-Making Notices

Notice of Hearing

Commerce

(Housing Assistance, Chs. Comm 150—)

CR 08-008

NOTICE IS HEREBY GIVEN that pursuant to section 560.285 (3), Stats., the Department of Commerce will hold a public hearing on proposed rules creating chapter Comm 156, relating to establishing a grant program for rehabilitation and recycling of manufactured housing, and affecting small business.

Hearing Information

Date and Time	Location
Friday February 29, 2008 10:00 a.m.	Thompson Commerce Center, Third Floor, Room 3B 201 West Washington Avenue Madison, Wisconsin

This hearing will be held in an accessible facility. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call Sam Rockweiler at [phone] or [phone] (TTY) at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audio tape format will, to the fullest extent possible, be made available upon a request from a person with a disability.

Submission of Written Comments

Interested persons are invited to appear at the hearing and present comments on the proposed rules. Persons making oral presentations are requested to submit their comments in writing, via e-mail. Persons submitting comments will not receive individual responses. The hearing record on this proposed rulemaking will remain open until March 5, 2008, to permit submittal of written comments from persons who are unable to attend the hearing or who wish to supplement testimony offered at the hearing. All written comments should be submitted by e-mail to [e-mail]. If e-mail submittal is not possible, written comments may be mailed to Sam Rockweiler, Department of Commerce, Division of Environmental and Regulatory Services, P.O. Box 14427, Madison, WI 53708-0427.

Agency Contact Person

Betty Kalscheur, Wisconsin Department of Commerce, Bureau of Local Development, 201 West Washington Avenue, Madison, WI 53703; Telephone [phone]; Email [e-mail]

Copy of Rule

The proposed rules and an analysis of the rules are available on the Internet, by entering “Comm 156" in the search engine at the following Web site: http://adminrules.wisconsin.gov. Paper copies may be obtained without cost from Betty Kalscheur at the Wisconsin Department of Commerce, Bureau of Local Development, 201 West Washington Avenue, Madison, WI 53703; or at Telephone [phone]; or at Betty.Kalscheur@ wisconsin. gov. Copies will also be available at the public hearing.

Analysis Prepared by Department of Commerce

Statutes interpreted

Section 560.285, Stats., as created in section 75 of 2005 Wisconsin Act 45.

Statutory authority

Sections 227.11 (2) (a) and 560.285 (3), Stats.

Explanation of agency authority

Section 560.285 (3) of the Statutes authorizes the Department to promulgate rules for establishing a program that will provide financial assistance to (1) persons engaged in the disposal of abandoned manufactured homes, (2) municipalities for supporting environmentally sound disposal practices, and (3) individuals who reside in manufactured homes which are in need of critical repairs. Section 227.11 (2) (a) of the Statutes authorizes the Department to promulgate rules interpreting the provisions of any Statute administered by the Department.

Related statute or rule

The Department has rules for several other programs associated with financial assistance for housing and communities, but those programs do not address recycling of manufactured housing, and do not address rehabilitation of manufactured housing in the manner addressed by these rules.

Plain language analysis

These rules establish the criteria for administering a manufactured housing rehabilitation and recycling grant program that will provide financial assistance to (1) persons engaged in the disposal of abandoned manufactured homes, (2) municipalities supporting environmentally sound disposal practices, and (3) individuals who reside in manufactured homes which are in need of critical repairs.

The rules specify who is eligible to apply for and administer the program. In addition, the rules establish eligible activities, eligible properties, and eligible costs. Parameters for allocating the funds are likewise specified. These parameters emphasize (1) the applicant's capacity to complete the proposed activities, (2) technical expertise with manufactured housing, (3) geographic coverage of activities, and (4) performance in administering other housing programs.

Comparison with federal regulations

An Internet-based search of the Code of Federal Regulations for grants for manufactured housing found regulations for rental rehabilitation grants in 24 CFR 511. These grants can be used for rehabilitation of manufactured rental housing units that are on a permanent foundation, have permanent utility hook-ups, are designed for use as a permanent residence, and meet the Section 8 housing quality standards for manufactured homes in 24 CFR 882.109(o). No other existing federal regulations for grant programs for rehabilitation or recycling of manufactured housing were revealed.

An Internet-based search for grants for manufactured housing in the 2006 and 2007 volumes of the Federal Register did not identify any proposed federal regulation that addresses rehabilitation or recycling of manufactured housing.

Comparison with rules in adjacent states

An Internet-based search of rules in adjacent states found rules in Minnesota for owner-occupied single-family rehabilitation programs. These programs can assist owners of manufactured housing, as well as other types of single-family housing, to correct health and safety issues and local code violations. Assistance is limited to households with incomes at or below 80 percent of county median income for the county of residence.

Northfield, Minnesota was found to have a manufactured home rehabilitation grant program. This program provides owners of manufactured homes in Northfield with a grant of up to $2,000 to increase the safety, security and efficiency of their manufactured homes. The income of participating households cannot exceed 80 percent of the area median income. Eligible improvements includes those that remove or repair various health and safety issues or increase energy efficiency; add structural soundness; make the unit accessible; address roofs, windows, doors, floor supports or faulty plumbing; and that will bring the manufactured home up to the prevailing building code.

An Internet-based search of rules for manufactured housing disposal grant programs found no sources of funding in adjacent states.

Factual data and analytical methodologies

The data and methodology for developing these rules were derived from and consisted of incorporating the criteria in section 75 of 2005 Wisconsin Act 45; incorporating applicable best practices the Department has developed in administering similar programs for owner-occupied housing rehabilitation; soliciting and utilizing input from representatives of the stakeholders who are expected to participate in this program; and reviewing Internet-based sources of related federal, state, and private-sector information.

Analysis and supporting documents used to determine effect on small business

The Department solicited input from numerous housing service providers. Emphasis was placed on input relating to minimizing difficulties for businesses or service providers engaged in housing repair/rehabilitation or disposal of abandoned housing units.

Agency Contact Person

Betty Kalscheur, Wisconsin Department of Commerce, Bureau of Local Development, 201 West Washington Avenue, Madison, WI 53703; telephone: [phone]; E-Mail: [e-mail].

Environmental Analysis

NOTICE IS HEREBY GIVEN that the Department has considered the environmental impact of the proposed rules. In accordance with chapter Comm 1, the proposed rules are a Type III action. A Type III action normally does not have the potential to cause significant environmental effects and normally does not involve unresolved conflicts in the use of available resources. The Department has reviewed these rules and finds no reason to believe that any unusual conditions exist. At this time, the Department has issued this notice to serve as a finding of no significant impact.

Initial Regulatory Flexibility Analysis

The rules are not expected to impose any significant costs on small businesses. The rules provide a potential cost benefit to small businesses engaged in the disposal of abandoned manufactured homes.

Types of small businesses that will be affected by the rules

Any nonprofit organization that chooses to apply for grant funding under the rules.

Reporting, bookkeeping and other procedures required for compliance with the rules

Applicants for becoming funded must submit an application that demonstrates their capacity to complete their proposed activities, their technical expertise with manufactured housing, and their performance in other housing programs.

Types of professional skills necessary for compliance with the rules

No new professional skills would be needed for compliance with these rules.

Will the rules have a significant economic impact on small businesses?

No.

Small business regulatory coordinator

The small business regulatory coordinator for the Department of Commerce is Carol Dunn, who may be contacted at telephone [phone], or by e-mail at [e-mail].

Fiscal Estimate

Summary

Although the proposed rules would newly result in review of documentation relating to awarding grants to nonprofit organizations for rehabilitation and recycling of manufactured housing, the number of these reviews is expected to be too small to result in significant changes in the Department's costs for administering its housing assistance programs. Therefore, the proposed rules are not expected to have any significant fiscal effect on the Department.

The proposed rules are not expected to impose any significant costs on the private sector, because the rules address only voluntary submittal of documentation relating to grants for rehabilitation and recycling of manufactured housing.