Public Service Commission
(PSC DOCKET # 1-AC-246 )
This statement of scope was approved by the governor on April 30, 2014.
Rule No.
Relating to
Adoption of federal gas pipeline safety regulations.
Rule Type
Permanent.
1. Description of the Objective of the Rule and Expected Financial Impact
The proposed rule revision adopts, for state purposes, changes to the federal pipeline safety code that have been enacted since the last revisions to the state pipeline safety code were adopted. The state has adopted federal pipeline safety provisions in Wis. Admin. Code ch.
PSC 135. Adoption of these amendments will keep the Commission in compliance with its obligation to adopt all federal changes in the pipeline safety area.
2. Description of Existing Policies Relevant to the Rule and of New Policies Proposed to be Included in the Rule and an Analysis of Policy Alternatives; the History, Background, and Justification for the Proposed Rule
Under an agreement with the U.S. Department of Transportation, Office of Pipeline Safety, the Commission is authorized to enforce federal natural gas pipeline safety requirements as set out in the Code of Federal Regulations,
49 C.F.R. Parts 192,
193, and
199. As part of the agreement, the Commission adopts the federal pipeline safety code in Wis. Admin. Code s.
PSC 135.019. The Commission's latest version of that rule adopts the federal code up to January 1, 2013. New gas pipeline safety code requirements are generally enacted in October of each year. As a result, the Commission needs to amend its rule to include the latest federal rule changes.
This rule will result in no economic impact since pipeline operators are required, under federal law, to follow the federal regulations. Any economic impact of those federal regulations has already occurred. This rulemaking just updates the state's enforcement authority.
3. Statutory Authority for the Rule (Including the Statutory Citation and Language)
Sections
196.02 (1) and
(3), and s.
227.11, Stats., authorize agencies to promulgate administrative rules. Section
196.02 (1), Stats., authorizes the Commission to do all things necessary and convenient to its jurisdiction. Section
196.02 (3), Stats., grants the Commission specific authority to promulgate rules.
Under an agreement with the U.S. Department of Transportation, Office of Pipeline Safety, the Commission agrees to adopt those parts of the federal code that apply to pipeline safety.
4. Estimate of the Amount of Time that State Employees Will Spend to Develop the Rule and of Other Resources Necessary to Develop the Rule
The Commission estimates that fewer than 100 hours of employee time will be required to develop the rules.
5. Description of all Entities that may be Impacted by the Rule
Every intrastate gas pipeline operator that operates gas transmission or distribution facilities in this state will be impacted by the rule.
6. Summary and Preliminary Comparison of any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Rule
Under an agreement with the U.S. Department of Transportation, Office of Pipeline Safety, the Commission is authorized to enforce federal natural gas pipeline safety requirements as set out in the Code of Federal Regulations,
49 C.F.R. Parts 192,
193, and
199. As part of the agreement, the Commission agrees to adopt those parts of the federal code that apply to pipeline safety.
Contact Person
Safety and Professional Services
General Part 1, Chs.
301—319
This statement of scope was approved by the governor on April 30, 2014.
Rule No.
Relating to
Wisconsin's electrical code.
Rule Type
Emergency and permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
Under
2013 Wisconsin Act 143 the department is required to promulgate rules “establishing criteria and procedures for issuing licenses to electricians who were born on or before January 1, 1956, and who have at least 15 years of experience in installing, repairing, or maintaining electrical wiring." Since the enactment of Act 143 there has been a great deal of confusion on what grandfathered electricians need to do and how local municipalities should treat individuals who meet the grandfathering provisions of the new law. In order to protect the public safety and avoid any undue hardship and confusion, the department is seeking to write these emergency rules.
2. Detailed Description of the Objective of the Proposed Rule
The objective of this rulemaking project is to establishing criteria and procedures for issuing licenses to electricians who were born on or before January 1, 1956, and who have at least 15 years of experience in installing, repairing, or maintaining electrical wiring.
Code chapters that are incidentally affected by this project may be revised to assure clarity and consistency of the rules.
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
The Department's current rules for licensing and registering electricians are contained in ch.
SPS 305. These rules address various categories of electricians, such as master electricians, journeyman electricians, beginning electricians, and electrical apprentices. The rules also establish the qualifications and administrative structure for becoming licensed or registered, and for renewing these credentials — as well as the corresponding workplace responsibilities and disciplinary provisions.
The proposed rules are expected to create a grandfathered electrical license for any person born before January 1, 1956 and who has at least 15 years of experience in electrical work.
Because of Act 143, the statutory requirements are now out of step with the administrative rules. The stakeholders who are affected by these statutory changes are confused by the differences. Further confusion and complaints are expected if the rules are not updated to eliminate the differences.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section 227.11 (2) (a) of the Statutes empowers the Department to promulgate rules interpreting the provision of any statute the Department enforces or administers. Further generalized rulemaking authority is conveyed by section
101.02 (1), Stats., which 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."
Section 101.862 (5) (b) The department shall promulgate rules establishing criteria and procedures for issuing licenses to electricians who were born on or before January 1, 1956, and who have at least 15 years of experience in installing, repairing, or maintaining electrical wiring. Upon promulgation of these rules, an electrician who meets these age and experience requirements may not install, repair, or maintain electrical wiring unless he or she is licensed in compliance with these rules or is otherwise licensed or registered as an electrician under this subchapter.
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 80 hours. This time includes research, consulting with stakeholders, drafting rule revisions, 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 all Entities that may be Affected by the Proposed Rule
Electricians who were born on or before January 1, 1956, and who have at least 15 years of experience in installing, repairing, or maintaining electrical wiring.
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
There are several existing federal regulations that relate to the installation of electrical wiring and equipment. Some of these regulations require compliance with various editions of the National Electrical Code® (NEC
®), which is adopted by reference in chapter SPS 316. A search of the Code of Federal Regulations (CFR) found the following regulations pertaining to activities that may be covered by this rule.
• Title 29 CFR, Sections 1910.302 through 1910.308 — Design Safety Standards for Electrical Systems, and 1910.331 through 1910.335 — Electrical Safety-Related Work Practices Standards. Subpart S of this regulation in the Department of Labor contains design safety standards for electrical systems, safety-related work practices and maintenance requirements and safety requirements for special electrical equipment to safeguard employees in their workplaces. Subpart R contains industrial lighting requirements and safe practices relating to lockouts and emergency lighting requirements for the safety of employees working in special industries. These regulations are part of the federal Occupational Safety and Health Administration's standards.
• Title 29 CFR, Part
1926 — Safety and Health Regulations for Construction. Subpart K of this regulation in the Department of Labor contains installation safety requirements, and safety requirements and environmental considerations for special equipment necessary to safeguard employees working in special industries.
• Title 30 CFR, Part
75 — Mandatory Safety Standards — Underground Coal Mines. Subpart F contains specific electrical safety requirements for the protection of employees working in underground metal and nonmetal mines.
•
Title 30 CFR, Part
57 — Safety and Health Standards — Underground Metal and Nonmetal Mines. Subpart K of this regulation in the Department of Labor contains specific electrical safety requirements for the protection of employees working in underground metal and nonmetal mines.
•
Title 24 CFR, Part
3280 — Manufactured Home Construction and Safety Standards. Subpart I of this regulation in the Department of Housing and Urban Development covers electrical systems in manufactured homes, and requires compliance with the 2005 NEC.
•
Title 7 CFR, Part
1755 — Telecommunication Standards and Specifications for Materials, Equipment, and Construction. This regulation in the Department of Agriculture applies to telecommunications wiring and equipment and requires compliance with the NEC.
8. Anticipated Economic Impact of Implementing the Rule
The Department believes that the proposed changes will have little or no adverse economic impact. Nevertheless, it plans to solicit information and advice from businesses, local government units, and individuals in relation to the economic effects of the new provisions.
Contact Person
Safety and Professional Services
This statement of scope was approved by the governor on April 17, 2014.
Rule No.
Relating to
Plumbing products approval.
Rule Type
Emergency and permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
Under current law, certain plumbing products, such as water treatment and water softening devices, may receive two separate approvals before their use is permitted in Wisconsin. The first approval is usually issued by a third party, such as NSF International, and based on a national standard. The second layer of approval derives from ch.
SPS 384 which describes situations when a plumbing product must also be submitted to the Department for review and approval. Due to the extreme and prolonged freezing this winter, it is expected that a greater number of private well owners will choose to upgrade their water supply systems at this time. The Department has reason to believe its secondary review delays or prevents Wisconsin residents from readily accessing plumbing products that would improve the safety of Wisconsin's drinking water this spring. These products have been approved under national plumbing standards and are available to consumers of other states but have not yet completed the Department's review process. Promulgating revisions through the emergency rule process is needed to avoid delays in the utilization of these technologies.
2. Detailed Description of the Objective of the Proposed Rule
The objective of this rulemaking project is to streamline the Department's plumbing products approval processes outlined in ch.
SPS 384. The Department will consider eliminating its approval process for water treatment products that are already certified under nationally recognized standards.
The Department seeks to increase the efficiency of its plumbing product review processes and ease administrative burdens on manufacturers. These goals are substantially in accordance with Governor Walker's Executive Order No. 61 which directs the Department to analyze its rules to increase efficiency and decrease costs to small businesses.
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
Plumbing products are usually reviewed and approved by third party inspectors based on prevailing national standards without the Department's additional review. Chapter
SPS 384 describes certain situations when a producer of plumbing products must submit materials for the Department's review. For these products, the Department's review is required even after a national certification has been obtained. Water treatment devices or bottled water vending machines that are listed as complying with NSF Standard 44 do not require additional review by the Department; however, water treatment devices that comply with other national standards must still obtain a second approval from the Department. Wisconsin is one of only a handful of states that require additional product approval beyond a national certification.
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.
