2011 Wisconsin Act 150 was prompted by concerns in the drilling industry that current regulation and licensing did not adequately cover the installation of heat-exchange drillholes and that inexperienced or even unqualified drillers were doing installations in Wisconsin. The Wisconsin Water Well Association took the lead in working with the legislature, other industry representatives, and the department, to promote passage of Wisconsin Act 150.
2011 Wisconsin Act 150 created new definitions in Chapter
280, Stats., for heat exchange drillhole and heat exchange drilling, and modified the individual and business license for drillers to create a more generic drilling license, with specific authorization to do well drilling or heat exchange drilling. Wisconsin Act 150 requires that the department establish new criteria and requirements for evaluating existing heat exchange drilling experience, and establish training and continuing education requirements for attaining and maintaining a heat exchange drilling license under the new definitions. As a part of implementing the requirements for the new category of heat exchange driller, ch.
NR 146 - license registration, and ch.
NR 812 - construction requirements - will need to be amended to address heat exchange drilling.
Currently drilling-related aspects of all vertical heat exchange systems must receive department approval. Development of construction standards for vertical heat exchange systems will allow the department to streamline the approval process. Establishing construction standards for heat exchange drillholes by rule will allow the typical low-risk systems to proceed with installation more quickly by no longer requiring the owners to wait for DNR approval.
The new licensing requirement continues the state policy to protect groundwater and ensure safe drinking water as well as protect consumers and enhance the availability of alternate sources of energy for heating and cooling by proper construction of heat exchange drillholes by licensed and trained professionals.
Statutory Authority tor the Rule (Including the Statutory Citation and Language)
Section
280.11(1), Stats.: “The department shall, after a public hearing, prescribe, publish and enforce minimum reasonable standards and rules and regulations for methods to be pursued in the obtaining of pure drinking water for human consumption and the establishing of all safeguards deemed necessary in protecting the public health against the hazards of polluted sources of impure water supplies intended or used for human consumption, including minimum reasonable standards for the construction of well pits. It shall have general supervision and control of all methods of obtaining groundwater for human consumption including sanitary conditions surrounding the same, the construction or reconstruction of wells and generally to prescribe, amend, modify or repeal any rule or regulation theretofore prescribed and shall do and perform any act deemed necessary for the safeguarding of public health."
Section
280.13 (1) (intro.) states: “The department may exercise such powers as are reasonably necessary to carry out and enforce the provisions of this chapter. It may, among other things:"
Section
227.11 (2) (a) states: “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. All of the following apply to the promulgation of a rule interpreting the provisions of a statute enforced or administered by an agency:"
Section
280.15 (2m) (b) 2. States: “In order to retain his or her license as a well driller or pump installer an individual shall comply with requirements for continuing education promulgated by the department by rule and shall apply for license renewal and pay the required license fees under par. (c) annually on or before January 1."
Section
280.15 (2m) (f) 2m. b. states: “Except as provided in par. (g), the applicant has been a registered drilling rig operator for at least 2 years within the 5 years before applying, has complied with training and continuing education requirements under sub. (3g), and has the heat exchange drilling experience required by the department by rule."
Estimate of the Amount of Time that State Employees Will Spend to Develop the Rule and Other Resources Necessary to Develop the Rule
It is estimated state employees may spend up to 500 hours in stakeholder meetings, drafting, hearings and other steps in promulgations of the proposed rules.
Description of all Entities that may be Impacted by the Rule
The rule revisions will affect people and businesses involved with drillhole construction, as follows:
1.
All drillers who construct heat exchange drillholes will benefit from procedures promulgated by rule rather than individual review of standard-construction heat exchange drillholes.
2. Wisconsin-licensed water well drillers who currently install or want to begin installing heat exchange drillholes will need to follow licensing and training requirements for heat exchange drilling.
3. Wisconsin based drillers installing heat exchange drillholes, who do not hold a water well drilling license, will need to obtain a Wisconsin driller license with heat exchange drilling authorization.
4. Non-Wisconsin drillers licensed in another state who currently install or want to install heat exchange drillholes in Wisconsin will need to obtain a Wisconsin driller license with heat exchange drilling authorization.
5. People with no drilling experience who want a heat exchange driller license will need to be trained and obtain the required level of experience in order to obtain a heat exchange drilling license.
6. Consumers will benefit by reduced risk of drinking water contamination and reduced risk of costly repair of improper drilling.
Summary and Preliminary Comparison of any Existing or Proposed Federal Regulation that Is Intended to Address the Activities to be Regulated by the Rule
No federal regulations currently apply to private firms engaged in drilling and installation of heat exchange boreholes.
Anticipated Economic Impact of Implementing the Rule (Note if the Rule Is Likely to Have a Significant Economic Impact on Small Business)
Economic impacts of this rule will be minimal. Actual costs to drillers are small and unlikely to affect decisions to offer a service or enter a business sector. The current water well drilling license is $50.00 per year for an individual drilling license and/or $50.00 for the drilling firm business license. The cost is anticipated to be the same to add certification for heat exchange drilling, so a licensed driller with both certifications would pay a total of $100. Administration of the driller license exam is currently done at no cost to the driller.
As a result, actual costs to consumers to use geothermal energy are unlikely to be affected by the licensing and construction requirements.
Overall economic impacts are uncertain. Additional protection of groundwater through better drilling practices may reduce future costs of drinking water treatment or groundwater clean-up.
Contact Person
Safety and Professional Services —
Dentistry Examining Board
This statement of scope was approved by the governor on February 4, 2013.
Rule No.
Relating to
Sedation permits.
Rule Type
Permanent.
Finding/Nature of Emergency (Emergency Rule Only)
N/A.
Detailed Description of the Objective of the Proposed Rule
The objective of the proposed rule is to allow the Board to use discretion in granting sedation permits to a dentist who is currently being investigated or has had disciplinary action relating to general anesthesia or conscious sedation.
Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
Currently the rule states the Board shall grant a class 1, class 2 or class 3 permit based upon meeting specific requirements. The requirements do not allow the consideration of a pending investigation or disciplinary action relating to a previously granted permit, particularly a permit at a higher level when there is a concern on a lower permit. The proposed rule change will allow the Board to consider discipline relating to sedation and use its discretion in issuing a permit.
The alternative is to grant a permit if the requirements are met irrespective of discipline which may not be in the best interest of public safety.
Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
15.08 (5) (b), Stats. Each examining board: shall promulgate rules for its own guidance and for the guidance of the trade or profession to which it pertains and define and enforce professional conduct and unethical practices not inconsistent with the law relating to the particular trade or profession.
Section
447.02 (2) (b), Stats.
The examining board shall promulgate rules specifying the standards, conditions and any educational requirements that are in addition to the requirements specified in s.
447.04 (1) that must be met by a dentist to be permitted to induce general anesthesia or conscious sedation in connection with the practice of dentistry.
Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
100 hours.
List with Description of all Entities that may be Affected by the Proposed Rule
Dentists.
Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that Is Intended to Address the Activities to be Regulated by the Proposed Rule
None.
Anticipated Economic Impact of Implementing the Rule
Minimal or none.
Contact Person
Sharon Henes, (608) 261-2377.
