Scope Statements
Commerce
Subject
Revises Chapters
Comm 20 to
25, relating to establishing statewide construction and inspection rules for one- and two-family dwellings, including manufactured and modular homes. This update may be incorporated into more than one rule package and may include revisions to other chapters affected by the proposal.
Objective of the Rule
The objective of the rule is to have a clearly understood, uniform code that reflects the application of current construction and remodeling practices, products, standards, model codes and materials. To ensure the health, safety and welfare of Wisconsin citizens using and residing in one- and 2-family dwellings and manufactured and modular homes, it is important that the code and adopted standards are viable and current.
Policy Analysis
Chapters
Comm 20–25 establish statewide, uniform construction, energy efficiency, and inspection rules for one- and 2-family dwellings and include references to many national standards and reflect national building and energy efficiency trends. The last update of chapters Comm 20–25 began in 2005 and became effective April 1, 2009. Statutes require the department to review the Uniform Dwelling Code every 2 years, and to revise the rules after consulting with the Uniform Dwelling Code Council, which is appointed by the Governor.
Working with the UDC Code Council, the department will adopt current standards, correct code clarity problems, incorporate code interpretations that have developed since the last code change, incorporate new construction practices, products, standards or materials, and incorporate new code requirements into one or more rule packages. The target effective date for many of these code clarifications and updates is expected to be before or by summer 2011.
The alternative of not updating the rule would result in chapters Comm 20–25 not being current with nationally recognized construction and energy efficiency standards. Continuing to use the code as it stands now would create confusion among designers, builders and local inspectors about how newer materials and standards should be regulated and applied. Not updating the rules would conflict with s.
101.63 (5), Stats., and could jeopardize the health, safety and welfare of those citizens using and living in one- and 2-family dwellings.
Statutory Authority
Comparison with Federal Regulations
An Internet-based search of the Code of Federal Regulations (CFR) and the Federal Register did not find any federal regulations relating to the activities to be regulated for one- and 2-family dwellings. However, CFR Title 24 — Housing and Urban Development, contains regulations in Chapter XX relating to the construction and installation of manufactured homes.
Entities Affected by the Rule
The rulemaking project will affect any entity that is involved in the construction, remodeling and inspection of one- and 2-family dwellings, including manufactured and modular homes.
Estimate of Time Needed to Develop the Rule
The staff time needed to develop the rule is expected to be about 1,000 hours, depending upon the associated complexity. This time includes reviewing the current codes and related national standards, conducting other research as needed, drafting the rules, consulting and meeting with the UDC Code Council and processing the rules through public hearings, legislative review and adoption. There are no other resources necessary to develop the rules.
Natural Resources
Environmental Protection — Solid Waste Management, Chs.
NR 500—
(DNR # WA-33-10)
Subject
Revises Chapters
NR 502 and
518, relating to compost use and facility standards.
Objective of the Rule
This proposed rulemaking would add numerical quality standards for compost derived from source separated yard materials, food scraps and nonrecyclable paper to ch.
NR 518, Wis. Adm. Code. It would also modify existing compost facility standards in s.
NR 502.12, Wis. Adm. Code, to facilitate composting these organic materials to meet the numerical quality standards while maintaining necessary environmental and public health protections.
Policy Analysis
The Associated Recyclers of Wisconsin (AROW) petitioned the department's Division of Air & Waste for rulemaking to establish compost use standards for compost made from certain well-defined and uncontaminated feedstocks such as food scraps--which may include certain compostable plastic food service items such as plates and cups--yard materials and compostable paper. AROW believes that a lack of numerical compost quality standards has created a significant barrier to increased diversion of these materials from landfills into higher value uses such as compost. Increasing diversion of materials from landfills is an important goal for Wisconsin, in part because composting organic materials results in a net reduction of greenhouse gas emissions. Current rules set siting and operation requirements for compost facilities but do not provide standards for the composted material.
The use of compost derived from mixtures of these source-separated materials is governed by a solid waste low-hazard exemption process. AROW maintains this has held back the expansion of composting in Wisconsin due to the unwieldiness of the exemption process, the uncertainty regarding the quality standards that would be applied in each specific instance, and the stigma associated with the term “low-hazard waste." Minnesota's 10-year-old compost classification system is perceived to have facilitated an expansion in the compost industry's ability to divert organic materials from that state's landfills and create a high-value-added product, “Class I Compost," for which there is strong demand.
Statutory Authority
Chapters
287 and
289, Wis. Stats.
Comparison with Federal Regulations
Comparable federal regulations that establish compost use or quality standards do not exist. The federal Clean Water Act, Part 503, contains numerical quality standards for wastewater biosolids destined for landspreading, which have served as the basis for Minnesota's Class I Compost classification.
Entities Affected by the Rule
Parties most affected by the proposed rule changes include compost facility operators; generators of yard waste materials; large scale generators of food scraps such as grocery stores, restaurants and institutional food service providers; and landfill owners due to possible diversion of these materials away from landfill disposal. In addition, potential compost users such as landscaping and horticulture businesses, the agricultural industry, departments of transportation and public works, and home gardeners in Wisconsin would have an interest in these rule changes.
Estimate of Time Needed to Develop the Rule
Approximately 600 hours of staff time will be needed to complete the rule revision.
Contact Information
Kate Cooper
Bureau of Waste and Materials Management
P.O. Box 7921, Madison, WI 53707
Phone: (608) 267-3133
Brad Wolbert
Bureau of Waste and Materials Management
P.O. Box 7921, Madison, WI 53707
Phone: (608) 264-6286
Revenue
Subject
Revises Chapters
Tax 1,
2, and
3, relating to franchise and income tax, addback of related entity expenses, apportionment for broadcasting services, electronic funds transfer, and electronic filing.
Objectives of the Rule
•
Reflect the changes in Wisconsin's franchise and income tax laws affected by
2009 Act 2.
•
Provide guidance to taxpayers and Department employees so they can properly apply the Wisconsin franchise and income tax laws.
•
Provide guidance to the Broadcasting Industry on sourcing income to Wisconsin.
•
Expand the taxes, fees, and other amounts required to be paid or deposited using electronic funds transfer (EFT) and the returns, reports, and refund claims the Department may require be filed electronically.
•
Change a provision to specify that EFT payments made by automated clearing house (ACH) debit transfer must be initiated by 4:00 p.m. on or before the last business day prior to the due date.
