The Department would like to deem other national standards that assure the quality of plumbing products sufficient for approval without the Department's secondary review. This would maintain a high standard for plumbing products while decreasing the time Department staff spend reviewing product submissions. It also decreases the costs to companies who have already paid for testing pursuant to a national standard by relieving them of the cost of a second review. For these reasons, the Department would like to exempt other nationally certified plumbing products from the second layer of review currently required.
Not conducting this review would result in unnecessary costs to product manufacturers, consumers of plumbing equipment, and the Department.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Generally,
Wis. Stat. s. 227.11 (2) (a) empowers the Department of Safety and Professional Services to promulgate rules interpreting the provision of any statute the Department enforces or administers.
The Department also has the following duties and powers:
Wis. Stat. s. 101.02 (1) states, “[t]he department shall adopt reasonable and proper rules and regulations relative to the exercise of its powers and authorities and proper rules to govern its proceedings and to regulate the mode and manner of all investigations and hearings."
Wis. Stat. s. 145.02 Powers of department.
(1) The construction, installation and maintenance of plumbing in connection with all buildings in this state, including buildings owned by the state or any political subdivision thereof, shall be safe, sanitary and such as to safeguard the public health and the waters of the state.
(2) The department shall have general supervision of all such plumbing and shall after public hearing prescribe and publish and enforce reasonable standards therefor which shall be uniform and of statewide concern so far as practicable. Any employee designated by the department may act for the department in holding such public hearing. To the extent that the historic building code applies to the subject matter of these standards, the standards do not apply to a qualified historic building if the owner elects to be subject to s.
101.121.
(3) The department may exercise such powers as are reasonably necessary to carry out the provisions of this chapter. It may, among other things:
(b) Conduct investigations and experiments for the advancement of technical knowledge relating to plumbing and may hold public meetings and attend or be represented at such meetings within or without the state.
(f) Issue special orders directing and requiring compliance with the rules and standards of the department promulgated under this chapter whenever, in the judgment of the department, the rules or standards are threatened with violation, are being violated or have been violated. The circuit court for any county where violation of such an order occurs has jurisdiction to enforce and shall enforce any order brought before it by injunctive and other appropriate relief. The attorney general or the district attorney of the county where the violation of the order occurs shall bring action for its enforcement. The department may issue an order under this paragraph to abate a violation of s.
254.59.
(g) By rule, fix fees for the examination and approval of plans of plumbing systems and collect the same.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
The staff time needed to revise the rules is expected to be approximately 80 hours. This time includes research, consulting, drafting the rule revisions, consulting with stakeholders, processing the rule revisions through public hearings, legislative review, and adoption. There are no other resources necessary to revise the rules.
6. List with Description of all Entities that may be Affected by the Proposed Rule
This rulemaking project may affect plumbing product manufacturers, plumbers, building owners, home owners, retail stores, and the people they serve.
7. 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
An Internet-based search of the Code of Federal Regulations (CFR) and the Federal Register revealed the following laws and regulations related to plumbing products:
•
42 USC § 1417. The Reduction of Lead in Drinking Water Act. This federal law amends the Safe Drinking Water Act (SDWA) and sets new, lower standards for the amount of lead permissible in plumbing products that come into contact with potable water. The U.S. Environmental Protection Agency (EPA) has primary responsibility for interpreting the SDWA with individual states using health or plumbing codes or other standards consistent with the SDWA and EPA regulations to enforce those standards. The new law reduces the permissible levels of lead in the wetted surfaces of pipes, pipe fittings, plumbing fittings and fixtures to a weighted average of not more than 0.25%.
•
40 CFR § 141. Primary Drinking Water Regulations. These regulations set maximum levels for contaminants in drinking water.
•
10 CFR § 430.31-
35. Energy and Water Conservation Standards. The Energy Policy and Conservation Act, as amended (EPCA), requires the Department of Energy to administer an energy and water conservation program for certain major household appliances and commercial equipment, including certain plumbing products.
•
16 CFR § 305.16. This section establishes requirements for consumer appliance products including many plumbing products. It sets requirements for labeling and energy consumption.
8. Anticipated Economic Impact of Implementing the Rule
The Department believes the proposed changes will have no adverse economic impact. The changes under consideration are intended to alleviate unnecessary economic burdens on plumbing product manufacturers and their customers. The revisions are also anticipated to decrease the Department's costs of administration.
Contact Person
Safety and Professional Services
Plumbing, Chs.
381—387
General Part IV, Chs.
388—
This statement of scope was approved by the governor on April 28, 2014.
Rule No.
Relating to
Comprehensive update of the POWTS (private onsite wastewater treatment systems) and Wisconsin Fund (POWTS replacement and rehabilitation financial assistance fund) codes.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
N/A
2. Detailed Description of the Objective of the Proposed Rule
The major objective of this proposed rule is to conduct a comprehensive update of the POWTS, (private onsite wastewater treatment systems) and the Wisconsin Fund (POWTS replacement and rehabilitation financial assistance fund) codes. This revision may result in revisions being made to other chapters in the state plumbing code, specifically: ch.
SPS 381, definitions and standards, ch.
SPS 382, plumbing installation, ch.
SPS 384, plumbing products, ch.
SPS 385, soil and site evaluation, and possibly ch.
SPS 391, sanitation.
The POWTS code, ch.
SPS 383, has not been reviewed in its entirety since April 2000. Recent technological advances and improved methodologies will be reviewed for possible inclusion in this revision.
Under s.
145.245 (7) (c), Stats., the funding tables for the Wisconsin Fund code, ch.
SPS 387, are to be revised when it is determined that 60% of current costs of private sewage system rehabilitation or replacement exceed the amounts in the grant funding tables by more than 10% and shall not revise these table more than every two years. These tables were last revised in February 1999.
The provisions of Executive Order 61 establish the basis for the department's comprehensive review with respect to assisting small business owners, reducing economic impact on small business, creating job growth, and identifying strategies for increasing code compliance. Any statutory changes enacted after the last revision that affect these rules will also be used as a basis for revision, as well as incorporating by reference updated national standards and recognizing current technology and methodology where related to the POWTS code. In developing the proposed rules, the department expects to utilize the input from an advisory code council with representatives from various sectors of the industry.
In addition, corrections may be made to correct typographical errors, and update statutory references, internal cross references, and Notes to reflect current information. Appendix material, where appropriate, will direct readers to the information via a URL link; some material now copied in whole or part in the Appendix may be deleted; Notes within the rule text will include a URL link to the appropriate information.
3. Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
These revisions may be based on one or more of the following: petitions received since the last code update, comparison of the 2012 International Private Sewage Disposal Code, field observations, and knowledge of improved technology, processes and methods. A review of the funding requests for the Wisconsin Fund will also be undertaken to determine any changes needed in the funding assistance tables.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
227.11 (2) (a), Stats.: 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, Stats.: The authority provides that all plumbing in connection with buildings and facilities in the state, including buildings owned by the state or any political subdivision thereof, shall be safe, sanitary and such as to safeguard the public health and the waters of the state.
Section
145.245 (5) (c) 4., Stats.: The department shall promulgate rules establishing criteria for determining what constitutes satisfactory evidence of federal adjusted gross income or projected federal adjusted gross income in a current year.
Section
145.245 (5) (d) 2., Stats.: The department shall promulgate rules establishing criteria for determining what constitutes satisfactory evidence of gross revenue in a prior taxable year.
Section
145.245 (5) (d) 4., Stats.: The department shall promulgate rules establishing criteria for determining what constitutes satisfactory evidence of gross revenue in a current year.
Section
145.245 (7) (c), Stats.: The department shall prepare and publish private on-site wastewater treatment system grant funding tables which specify the maximum state share limitation for various components and costs involved in the rehabilitation or replacement of a private on-site wastewater treatment system based upon minimum size and other requirements specified in the state plumbing code promulgated under s.
145.02, Stats.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
The Department estimates approximately 650 hours will be needed to perform the review and develop the proposed rule revisions. This time includes comparing updated national standards, meeting with stakeholders, drafting the rule revisions, and processing the revisions through public hearings, legislative review, and adoption. The Department will assign existing staff to perform the review and develop the rule revisions, and no other resources will be needed.
6. List with Description of all Entities that may be Affected by the Proposed Rule
Public and private entities that own private sewage systems (POWTS) or are involved in program administrative functions such as soil testing, design, installation and construction, inspection and maintenance, as well as product manufacture and sales. Homeowners and small business owners that may be eligible for financial assistance in the replacement or rehabilitation of a POWTS.
7. 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
Under
7 CFR 1924.107, utilities, all development under this subpart must have adequate, economic, safe, energy efficient, dependable utilities with sufficient easements for installation and maintenance. (Utilities include POWTS.)
Under
40 CFR 35.918, individual systems and the requirements for discharge of effluents, the U.S. EPA has the authority to prescribe requirements for individual on-site wastewater treatment systems, as well as the provisions of financial assistance. In addition, best practicable waste treatment criteria published by EPA under section 304(d)(2) of this Act shall be met for disposal of effluent on or into the soil from individual POWTS systems.
Under 40 CFR, subch. B, part 31, this rule establishes uniform criteria for POWTS where financial assistance is available on the state and local levels.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
The review is being conducted with the provisions of Executive Order 61 in mind; therefore, the rule changes contemplated in this project are not expected to have any negative economic impacts on any of the affected entities listed above.
Contact Person
Jean MacCubbin, Administrative Rules Coordinator, phone (608) 266-0955.
Transportation
This statement of scope was approved by the governor on April 16, 2014.
Rule No.
Relating to
Elderly and disabled transportation capital assistance program.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
N/A
2. Detailed Description of the Objective of the Proposed Rule
Prior to MAP-21 — the most recent federal transportation budget reauthorization — Federal Transportation Assistance's (FTA's) 5310 (“Enhanced Mobility of Seniors and Individuals with Disabilities") program was a competitive, state-administered program that funded capital projects designed to improve mobility for elderly individuals and individuals with disabilities.
While the general program objective remains the same under MAP-21, the FTA 5310 grant program rules have changed significantly. The most substantive changes include:
1)
The revised FTA 5310 program includes the former 5317 (New Freedom) program, which provides mobility options beyond Americans with Disabilities Act (ADA) requirements for individuals with disabilities. In Wisconsin, the New Freedom program has primarily funded mobility managers across the State.
2)
The revised FTA 5310 is a sub-allocated program, with funding going directly to large urban areas, and separate categories of funding for small urban and rural projects to be administered by the Wisconsin Department of Transportation (WisDOT).
3)
Operating projects are eligible for funding under the revised FTA 5310 program. However, only 45% of federal program funds in each demographic category may be used for such projects. At least 55% of federal program funds must be used for capital projects.
4)
Grant awards under the revised FTA 5310 program need not be based on a competitive application process.
Chapter
Trans 2 is now outdated, given the FTA 5310 program changes established under MAP-21. The existing rule establishes an outdated and overly-prescriptive FTA 5310 application process, causing unnecessary work for applicants and WisDOT staff members, and complicates potential automation of the application process.
This rule revision would acknowledge the new program rules and would afford WisDOT Transit Staff the flexibility needed to administer the program more efficiently and reduce the effort required of applicants and grant recipients. The proposed rule-making would reflect the new program structure, but would be written in a manner that would allow WisDOT to administer a statewide program in the future should federal rules change.
Based on WisDOT Transit's experience with other competitive grant applications, the department is certain that it can conduct a high-quality, compliant application process yielding equitable results and good projects in a much more efficient manner.
3. Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
As referenced above, the FTA 5310 program has been a capital-only program. Chapter
Trans 2 currently reflects a WisDOT Transit policy established long ago that limits FTA 5310, s.
85.22-funded capital grants to vehicle purchases. (In contrast, FTA defines “capital project" to include such things as mobility management projects, ancillary vehicle equipment, such as communications equipment, preventative maintenance, etc.) For reasons of consistency with new FTA 5310 program rules and sound program administration, this restriction should be eliminated.
