Rule-Making Notices (Hearing Notices)

The deadline for submitting comments is 4:00 p.m. on the 14th day after the date for the hearing stated in the Notice of Hearing.

Mailing address:

Sarah E. Norberg

Legal Unit — OCI Rule Comment for Rule Ins 51.01

Office of the Commissioner of Insurance

PO Box 7873

Madison WI 53707-7873

Street address:

Sarah E. Norberg

Legal Unit — OCI Rule Comment for Rule Ins 51.01

Office of the Commissioner of Insurance

125 South Webster St — 2nd Floor

Madison WI 53703-3474

Email address:

Sarah E. Norberg

[e-mail]

Web site: http://oci.wi.gov/ocirules.htm

The proposed rule changes are:

SECTION 1. Ins 51.01 (4) (a) 2., is amended to read:

Ins 51.01 (4) (a) 2. If a life or health insurer that completes the life annual statement for the reporting year, the insurer has total adjusted capital which is greater than or equal to its company action level risk based capital but less than the product of its authorized control level risk based capital and 2.53.0 and has a negative trend.

SECTION 2. These changes first apply January 1, 2014.

SECTION 3. These changes will take effect on the first day of the month after publication, as provided in s. 227.22 (2) (intro.), Wis. Stats.

SECTION 4. This section may be enforced under ss. 601.41, 601.64, 623.11, Wis. Stats., or any other enforcement provision of chs. 600 to 646, Wis. Stats.

Private Sector Fiscal Analysis for section Ins 51.01 relating to risk based capital requirements and affecting small business

This rule change will have no significant effect on the private sector regulated by OCI.

STATE OF WISCONSIN DEPARTMENT OF ADMINISTRATION DOA-2049 (C04/2011)					Division of Executive Budget and Finance 101 East Wilson Street, 10th Floor P.O. Box 7864 Madison, WI 53707-7864 FAX: [phone]
ADMINISTRATIVE RULES — FISCAL ESTIMATE
1.   Fiscal Estimate Version
X Original ⍽ Updated ⍽ Corrected
2.   Administrative Rule Chapter Title and Number   Ins 51.01 (4) (a) 2.
3.   Subject   Risk based capital requirements and affecting small business.
4.   State Fiscal Effect:
X No Fiscal Effect ⍽ Indeterminate	⍽ Increase Existing Revenues ⍽ Decrease Existing Revenues					⍽ Increase Costs ⍽ Yes X No   May be possible to absorb       within agency's budget. ⍽ Decrease Costs
5.   Fund Sources Affected: ⍽ GPR   ⍽ FED   ⍽ PRO   ⍽ PRS   ⍽ SEG   ⍽ SEG-S						6.   Affected Ch. 20, Stats. Appropriations: None
7.   Local Government Fiscal Effect:
X No Fiscal Effect ⍽ Indeterminate	⍽ Increase Revenues ⍽ Decrease Revenues			⍽ Increase Costs ⍽ Decrease Costs
8.   Local Government Units Affected: ⍽ Towns⍽ Villages⍽ Cities ⍽ Counties ⍽ School Districts ⍽ WTCS Districts ⍽ Others: None
9.   Private Sector Fiscal Effect (small businesses only):

X No Fiscal Effect ⍽ Indeterminate	⍽ Increase Revenues ⍽ Decrease Revenues ⍽ Yes ⍽ No May have significant     economic impact on a     substantial number of     small businesses		⍽ Increase Costs ⍽ Yes X No     May have significant       economic impact on a       substantial number of       small businesses ⍽ Decrease Costs
10.   Types of Small Businesses Affected:
Domestic health or life insurers or domestic fraternal insurers that meet the definition of a small business.
11.   Fiscal Analysis Summary
12.   Long-Range Fiscal Implications
None
13.   Name - Prepared by Sarah E. Norberg		Telephone Number [phone]		Date 07/02/2013
14.   Name – Analyst Reviewer		Telephone Number		Date
Signature—Secretary or Designee		Telephone Number		Date

STATE OF WISCONSIN DEPARTMENT OF ADMINISTRATION DOA-2049 (R03/2012)	Division of Executive Budget and Finance 101 East Wilson Street, 10th Floor P.O. Box 7864 Madison, WI 53707-7864 FAX: [phone]
ADMINISTRATIVE RULES Fiscal Estimate & Economic Impact Analysis

1. Type of Estimate and Analysis
X Original   ⍽ Updated   ⍽ Corrected
2. Administrative Rule Chapter, Title and Number
Agency 145 Ch. Ins 51.01 (4) (a) 2.
3. Subject
Risk Based Capital Requirements and affecting small business amendment beginning January 1, 2014.
4. Fund Sources Affected			5. Chapter 20, Stats. Appropriations Affected
⍽ GPR   ⍽ FED   X PRO   ⍽ PRS   ⍽SEG   ⍽ SEG-S			None
6. Fiscal Effect of Implementing the Rule
X No Fiscal Effect ⍽ Indeterminate	⍽ Increase Existing Revenues ⍽ Decrease Existing Revenues		⍽ Increase Costs ⍽ Could Absorb Within Agency's Budget ⍽ Decrease Cost
7. The Rule Will Impact the Following (Check All That Apply)
⍽ State's Economy ⍽ Local Government Units		X Specific Businesses/Sectors ⍽ Public Utility Rate Payers X Small Businesses (if checked, complete Attachment A)
8. Would Implementation and Compliance Costs Be Greater Than $20 million? ⍽ Yes   X No
9. Policy Problem Addressed by the Rule
The proposed rule potentially results in an earlier warning that a company is approaching a financially hazardous condition. The proposed rule updates an existing regulation to be consistent with the NAIC model regulation and will also bring Wisconsin's requirements for life insurers into alignment with the requirements for health insurers and property and casualty insurers.
10. Summary of the businesses, business sectors, associations representing business, local governmental units, and individuals that may be affected by the proposed rule that were contacted for comments.
OCI solicited comments generally through publication requesting comments from the public utilizing the OCI website. Additionally OCI solicited comments from the following businesses, associations representing businesses, local governmental units and individuals: Northwestern Mutual Trilogy Johnson Insurance Thrivent Network Health United HealthCare Group Health Cooperative of Eau Claire Group Health Cooperative of South Central Wisconsin HIRSP Arrowhead Strategies Capital Group of Wisconsin Wisconsin Health Plans Wisconsin Medical Society WPS Insurance Dean Health Plan Unity Health Plan TASC Physicians Plus Insurance Corporation Wisconsin Hospital Association Gundersen Lutheran Wisconsin Dental Association Security Health Plan NAIFA Wisconsin Assurant Health Wisconsin Counties Group Health Trust Blue Cross Blue Shield of Wisconsin Ministry Health Care Humana Aurora Health Care Mayo Health Care WEA Trust Health Partners Mercy Health System WellPoint Arise Health Plan
11. Identify the local governmental units that participated in the development of this EIA.
None beyond solicitation for comments.
12. Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
The proposed rule will affect domestic life and health insurers who complete a life annual statement, and domestic fraternal insurers. The impact is expected to be minimal. Non-insurance small businesses are protected by this proposed rule change as the amendment provides an earlier warning that a life insurer might be approaching a financially hazardous condition. There may be an effect on small businesses but any effect would be minimal as very few, if any, insurers meet the definition of a small business.
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
The proposed rule potentially results in an earlier warning that a company is approaching a financially hazardous condition. The proposed rule updates an existing regulation to be consistent with the NAIC model regulation and will also bring Wisconsin's requirements for life insurers into alignment with the requirements for health insurers and property and casualty insurers. This change makes the application of standards uniform across lines of insurance minimizing disparate treatment of insurers.
14. Long Range Implications of Implementing the Rule
The long-range implications of the rule as proposed are: 1) earlier warning that a company is approaching a financially hazardous condition, 2) consistency in risk based capital requirements for life, health and property and casualty insurers, and 3) consistency with the NAIC model regulation for the purposes of maintaining accreditation for domestic insurers conducting business in other states.
15. Compare With Approaches Being Used by Federal Government
OCI is unaware of any existing or proposed federal regulations that are intended to address the activities to be regulated by the proposed rule change.
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
Illinois and Iowa have laws comparable to Wisconsin's existing rule (215 ILCS 5/35A-15 (a) (1) (B) (2013) and IAC s. 521E.3 1. a. (2) (2013)). Michigan adopts the NAIC Model Law by reference (MCLS s. 50.1204a (2013)). Effective December 31, 2013, Minnesota will have a requirement comparable to Wisconsin's proposed rule (Minn. Stat. s. 60A.62 Subd. 1 (1) (ii) (2013)).
17. Contact Name				18. Contact Phone Number
Louie Cornelius				608-264-8113

This document can be made available in alternate formats to individuals with disabilities upon request.

ATTACHMENT A

1. Summary of Rule's Economic and Fiscal Impact on Small Businesses (Separately for each Small Business Sector, Include Implementation and Compliance Costs Expected to be Incurred)

Non-insurance small businesses are protected by this proposed rule change as the amendment provides an earlier warning that a life insurer might be approaching a financially hazardous condition. There may be an effect on small businesses but any effect would be minimal as very few, if any, insurers meet the definition of a small business.

2. Summary of the data sources used to measure the Rule's impact on Small Businesses

Section 227.114, Wis. Stats., defines a “small business" as “a business entity, including its affiliates, which is independently owned and operated and not dominant in its field, and which employs 25 or fewer full-time employees or which has gross annual sales of less than $5,000,000." OCI reviewed premium revenue for domestic life insurers and fraternals. Based on either too much revenue or the ownership structure, it appears that none of Wisconsin's insurers qualify as small businesses.

3. Did the agency consider the following methods to reduce the impact of the Rule on Small Businesses?

⍽ Less Stringent Compliance or Reporting Requirements ⍽ Less Stringent Schedules or Deadlines for Compliance or Reporting ⍽ Consolidation or Simplification of Reporting Requirements ⍽ Establishment of performance standards in lieu of Design or Operational Standards ⍽ Exemption of Small Businesses from some or all requirements ⍽ Other, describe: N/A. Any effect of the proposed rule on small businesses will be minimal. The proposed rule nominally increases the risk based capital requirement and should not change any charging structures.

4. Describe the methods incorporated into the Rule that will reduce its impact on Small Businesses

N/A. Any effect of the proposed rule on small businesses will be minimal.

5. Describe the Rule's Enforcement Provisions

The proposed rule nominally increases the risk based capital requirement for domestic life and health insurers who complete a life statement and domestic fraternal insurers. Failure to comply with the risk based capital requirement may be enforced by the Commissioner pursuant to ss. 601.41(4) and 601.64, Wis. Stats.

6. Did the Agency prepare a Cost Benefit Analysis (if Yes, attach to form)

⍽ Yes X No

Notice of Hearing

Safety and Professional Services

Safety, Buildings, and Environment — Plumbing,
Chs. SPS 381-387

rulemaking_notices CR 13-062 CR 13-062

NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Department of Safety and Professional Services in ss. 145.13 and 227.11 (2), Stats., and interpreting s. 145.02 (2), Stats., the Department of Safety and Professional Services will hold a public hearing at the time and place indicated below to consider an order to renumber and amend s. SPS 381.01 (141) as s. SPS 381.01 (141) (a) to (c); amend ss. SPS 381.20 Table 381.20-11 (partial) line 6., 384.20 (2) (b) (Note), 384.40 (4) (intro.), and 384.40 (8) (a) and (d); and create ss. SPS 381.01 (141) (c) (Note), 381.20 Table 381.20-11 (partial) line 7., relating to U.S. EPA lead reduction rule, Safe Drinking Water Act amendments of 2011.

Date:   August 28, 2013
Time:   1:00 p.m.
Location:   1400 East Washington Avenue*
  Room 121C
  Madison, Wisconsin
  *Enter at North Dickinson Street

Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions, and argument in writing as well. Facts, opinions, and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Safety and Professional Services, Division of Policy Development, P.O. Box 8935, Madison, Wisconsin 53708-8935. Written comments must be received at or before the public hearing to be included in the record of rule-making proceedings.

Place Where Comments are to be Submitted and Deadline for Submission

Comments may be submitted to Jean MacCubbin, Program Manager, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, WI 53708-8935, or by email to [e-mail]. Comments must be received on or before Wednesday, August 28, 2013 at 1:00 p.m. to be included in the record of rule-making proceedings.

Copies of Rule

Copies of this proposed rule are available upon request to Jean MacCubbin, Program Manager, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708-8935, by email at [e-mail] or on our website at http://dsps.wi.gov/Default.aspx?Page=44e541e8-abdd-49da-8fde-046713617e9e.

Analysis Prepared by the Department of Safety and Professional Services

Statutes interpreted

Section 145.02 (2), Stats.

Statutory authority

Sections 145.13 and 227.11 (2), Stats.

Explanation of agency authority

Section 227.11 (2), Stats.: “Rule-making authority is expressly conferred as follows: (a) Each agency may promulgate rules interpreting the provisions of any statute enforced or administered by the agency, if the agency considers it necessary to effectuate the purpose of the statute, but a rule is not valid if the rule exceeds the bounds of correct interpretation."

Section 145.02 (2), Stats.: “The department shall have general supervision of all such plumbing and shall after public hearing prescribe and publish and enforce reasonable standards therefore which shall be uniform and of statewide concern so far as practicable. …"

Section 145.13, Stats.: “Adoption of plumbing code. The state plumbing code and amendments to that code as adopted by the department have the effect of law in the form of standards statewide in application and shall apply to all types of buildings, private or public, rural or urban, including buildings owned by the state or any political subdivision thereof. The state plumbing code shall comply with ch. 160 (Wisc. Stats.). All plumbing installations shall so far as practicable be made to conform to such code."

Related statute or rule

Chs. SPS 381 to 387 and SPS 391.

Plain language analysis

SECTION 1. This section mirrors the three specific definitions of lead-free in the SWDA, specifically relating to solders and flux, fixtures and components, and calculation of weighted average.

SECTION 2. This section creates a Note, which provides additional resources for calculating weighted average.

SECTIONS 3., 4. and 5. These two sections are revisions to tables listing the adoption of NSF standards reflecting the SWDA provisions. The Note reflects the more recent NSF standard adopted.

SECTIONS 6. and 7. The text of these sections is amended to reflect the use of the updated standards.

Summary of, and comparison with, existing or proposed federal regulation

The U.S. Safe Drinking Water Act amendments of 2011 [SDWA, 42 USC 300g-6] becomes effective January 4, 2014, in which water service piping, piping materials and fixtures must be “lead-free". This Act updates the definition for “lead-free" and adopts by reference two national standards, ANSI/NSF-61 and ANSI/NSF 372 reflecting the revisions to the SDWA. Most importantly, this Act provided a 3-year enactment period for manufacturers, suppliers and users to become educated and comply with the rule revisions and allow for the use of new materials meeting the standard to be ready for sale by the effective date.

Comparison with rules in adjacent states

An Internet-based search of the four adjoining states revealed the following:

Illinois: The Illinois public health code was searched for conformity to the SDWA revisions regarding EPA lead reduction rule; the definition of lead-free has not changed nor has the state adopted the most recent edition of the NSF 61 standard, drinking water system components. No pending legislation was found. [Title 77: public health code, chapter I, subchapter r, part 890 Illinois Plumbing Code]

Iowa: The Iowa state plumbing code has adopted the UPC — Uniform Plumbing Code, 2009 edition [Ch. 25, State Plumbing Code]. The Internet-based search did not find any changes or proposed changes, to date, reflecting the definition of lead-free, and the calculation of lead-free in materials and fixtures, or the adoption of the most recent edition of the NSF 61 standard, drinking water system components.

Michigan: In the Michigan state plumbing code, 605.3 water service pipe, water service pipe must conform to NSF 61 standard, although such an edition does not, to date, reflect the EPA lead-free definition or the calculation of lead-free in piping materials and fixtures based in sec. 1417 of the SDWA. No pending legislation or proposed rule revisions were found on this issue. [Part 7. Plumbing code, r 408.30701 applicable code. Rule 701].

Minnesota: The Minnesota plumbing code, updated Oct. 31, 2012, adopts NSF 61 standard, but an edition prior to the lead-free definition and calculation of lead reduction in the recent revisions to sec. 1417 of the SDWA. No pending legislation or proposed rule revisions were found on this issue. [Chapters 4715 and 4716].

Summary of factual data and analytical methodologies

No factual data or analytical methods were used. The proposed revisions reflect only U.S. EPA 2011 amendments to the SDWA, which is expected to be enforced at the federal level.

Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis

This rule-making project will not impose any additional impact on small business above or beyond what is required by the federal government.

Fiscal Estimate and Economic Impact Analysis

The Fiscal Estimate and Economic Impact Analysis is attached.

Effect on Small Business

These proposed rules do not have an economic impact on small businesses, as defined in s. 227.114 (1), Stats. The Department's Regulatory Review Coordinator may be contacted by email at [e-mail], or by calling [phone].

Agency Contact Person

Jean MacCubbin, Program Manager, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, Wisconsin 53708-8935; telephone [phone]; email at [e-mail].

STATE OF WISCONSIN DEPARTMENT OF ADMINISTRATION DOA-2049 (R03/2012)	Division of Executive Budget and Finance 101 East Wilson Street, 10th Floor P.O. Box 7864 Madison, WI 53707-7864 FAX: [phone]
ADMINISTRATIVE RULES Fiscal Estimate & Economic Impact Analysis

1. Type of Estimate and Analysis
X Original   ⍽ Updated   ⍽ Corrected
2. Administrative Rule Chapter, Title and Number
Chs. SPS 381 to 384, State Plumbing Code
3. Subject
EPA Lead Reduction Rule, US EPA Safe Drinking Water Act (SDWA) of 2011
4. Fund Sources Affected			5. Chapter 20, Stats. Appropriations Affected
⍽ GPR   ⍽ FED   X PRO   ⍽ PRS   ⍽ SEG   ⍽ SEG-S			s. 20.165 (2) (j)
6. Fiscal Effect of Implementing the Rule
X No Fiscal Effect ⍽ Indeterminate	⍽ Increase Existing Revenues ⍽ Decrease Existing Revenues		⍽ Increase Costs ⍽ Could Absorb Within Agency's Budget ⍽ Decrease Cost
7. The Rule Will Impact the Following (Check All That Apply)
⍽ State's Economy ⍽ Local Government Units		⍽ Specific Businesses/Sectors ⍽ Public Utility Rate Payers ⍽ Small Businesses (if checked, complete Attachment A)
8. Would Implementation and Compliance Costs Be Greater Than $20 million? ⍽ Yes   X No
9. Policy Problem Addressed by the Rule
No policy is being addressed through this rule revision. The purpose of the rule is to update definition of “lead-free" and incorporate by reference national standards consistent with US EPA Safe Drinking Water Act (SDWA) revisions of January 2011, which restricts permissible levels of lead in drinking water components and provides manufacturers and distributors a protocol to assure compliance.
10. Summary of the businesses, business sectors, associations representing business, local governmental units, and individuals that may be affected by the proposed rule that were contacted for comments.
Local water purveyors, product manufacturers and distributors, plumbing designers and inspectors.
11. Identify the local governmental units that participated in the development of this EIA.
None known.
12. Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
This federal rule was enacted in January 2011 with a three-year enactment date; manufacturers of pipes and pipe fittings and fixtures sold nation-wide have been noticed that covered products will be required to meet this rule.
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
Pipes and pipe fittings and fixtures sold in Wisconsin will meet the requirements of s. 1417 (d) (2) of the SDWA of 2011, thereby reducing the leaching of lead from various materials used in water service into the drinking water.
14. Long Range Implications of Implementing the Rule
These products are intended to restrict permissible levels of lead in drinking water.
15. Compare With Approaches Being Used by Federal Government
This rule revision is in response to a federal rule, revisions to the SDWA of 2011.
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
An Internet-based search found no pending legislation for the four adjacent states: Illinois, Iowa, Michigan and Minnesota.
17. Contact Name				18. Contact Phone Number
Jean MacCubbin				[phone]

This document can be made available in alternate formats to individuals with disabilities upon request.

Notice of Hearing

Safety and Professional Services —
Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors

rulemaking_notices CR 13-064 CR 13-064

NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors in ss.15.08 (5) (b), 227.11 (2) (a), and 443.015, Wis. Stats., and interpreting s. 443.015, Wis. Stats., the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors will hold a public hearing at the time and place indicated below to consider an order to amend ss. A-E 13.08 (4) and 13.09, relating to comity renewal applicants.

Hearing Information

Date:   August 29, 2013
Time:   10:00 a.m.
Location:   1400 East Washington Avenue
  Room 121A
  Madison, Wisconsin

Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions, and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Safety and Professional Services, Division of Policy Development, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received at or before the public hearing date to be included in the record of rule-making proceedings.

Place Where Comments are to be Submitted and Deadline for Submission

Comments may be submitted to Shawn Leatherwood, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, WI 53708-8935, or by email to [e-mail]. Comments must be received on or before August 29, 2013 to be included in the record of rule-making proceedings.

Copies of Rule

Copies of this proposed rule are available upon request to Shawn Leatherwood, Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708, by email at [e-mail] or on our website at http://dsps.wi.gov/Default.aspx?Page=44e541e8-abdd-49da-8fde-046713617e9e.

Analysis prepared by the Department of Safety and Professional Services

Statutes interpreted

Section 443.015, Stats.

Statutory authority

Sections 15.08 (5) (b), 227.11 (2) (a), 443.015, Stats.

Explanation of agency authority