The purpose of the rulemaking is to amend ch.
PSC 118, relating to displacement facilities, to conform with the statutory changes made in Wis. Stat. s.
196.378 (3) (a) 1m. by
2013 Wisconsin Act 300. This will be accomplished in the following ways: (1) strike the requirement that a displacement facility be placed in service on or after June 3, 2010, to be consistent with the statute, and (2) revise the reference to “in the entire area served by the Midcontinent Independent System Operator" as a basis for the displacement percentage to streamline the process for determining the displacement percentage.
It will also address the description of the calculation to determine displaced conventional electricity.
This rulemaking is expected to have no or minimal financial impact.
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 the current language of ch.
PSC 118, only a displacement facility placed in service on or after June 3, 2010, may create renewable resource credits. The statutory changes made in Wis. Stat. s.
196.378 (3) (a) 1m. by
2013 Wisconsin Act 300 eliminates the date restriction.
3. Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
227.11, Stats., authorizes 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. Section
196.378 (3) (a) 1., Stats., requires the commission to promulgate rules that establish requirements for the creation and use of a renewable resource credit.
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 130 hours of state employee time to develop the rules. No extraordinary resources are anticipated.
5. Description of all Entities that may be Impacted by the Rule
All electric, natural gas, and water public utilities.
All electric providers, customers or members of an electric provider, and renewable energy developers seeking to create renewable resource credits will be favorably impacted by this change.
There is no anticipated impact on utility ratepayers.
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
No comparison with federal regulations can be made because there are none.
The intent of this rulemaking is to amend chs.
PSC 112,
133, and
184, relating to the requirement to obtain a certificate or approval prior to beginning a proposed project, to conform with the statutory changes in Wis. Stat. s.
196.49 (5g) made by
2011 Wisconsin Act 155.
No comparison with federal regulations can be made because there is no federal renewable portfolio standard. In addition, there are no known federal regulations governing the creation of renewable resource credits or their equivalent.
Contact Person
Transportation
This statement of Scope was approved by the governor on May 23, 2014.
Rule No.
Relating to
Wisconsin Scenic Byway Program.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
N/A.
2. Detailed Description of the Objective of the Proposed Rule
The department proposes to specify which types of highways may be integrated into a scenic byway created under Wis. Stat. s.
84.106.
2011 Wisconsin Act 147 (“Act 147") amended Wis. Stat. s.
84.106 so that any type of highway has the potential to be designated as a scenic byway. Prior to Act 147, only state and federal highways, other than interstates, could be incorporated into a scenic byway. This rulemaking proposes to incorporate this statutory change into Wis. Admin. Code ch.
Trans 202 and to exclude those parts of the transportation network not designed or intended for regular use by the motoring public.
The department anticipates that the following types of highways will be eligible for inclusion as a scenic byway:
• State and federal highways (currently eligible);
• Connecting highways (currently eligible);
• County highways (new);
• Local streets (new).
The department anticipates that the following types of facilities that fall within the scope of the legal term “highway" shall not be eligible for inclusion as a scenic byway:
• Interstate highways (already excluded by rule);
• Alleys (new);
• Bike paths, sidewalks, and footpaths (new);
• ATV and snowmobile trails (new);
• Hiking trails (new);
• Railroad corridors that are not used for motor vehicle transportation purposes (new);
• Any other facility not intended for use by motor vehicles (new).
Because the Scenic Byways program will now include highways under county and local jurisdiction, to which the federal Highway Beautification Act and conforming state laws do not apply, state billboard regulations related to scenic highways found in Wis. Admin. Code s.
Trans 201.23 need to be amended to make clear that state highway regulations are not being extended to apply to those local and county roads.
2011 Wisconsin Act 147 recreated Wis. Stat. s.
84.106 (3), related to Marking Highways. Act 147 specifies that the Wisconsin Department of Transportation (WisDOT) is responsible for the installation and maintenance of route marker signs along sections of the scenic highway that are part of the state trunk highway system. Act 147 also specifies that the local government with maintenance authority over the road or highway shall be responsible for the installation and maintenance of route-marking signs on these roads. The Department proposes to make clear in this rule-making that the cost of buying the route-marking signs is included in the installation and maintenance costs that must be paid by the unit of government with jurisdiction over the highway.
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
(a) Excluding bike paths, railroad corridors, alleys, sidewalks, unpaved roads, driveways and parking areas of school properties, state, county, or municipal parks or institutions, and other places incompatible with motor vehicle traffic from eligibility for inclusion as scenic byways.
Private roads and driveways, which include streets owned by the University of Wisconsin System, are not “highways" under s.
340.01 (22), and therefore are ineligible for inclusion as a scenic byway. s.
84.106 (1g) (b).
Including facilities on which motor vehicle traffic is inappropriate is consistent with the purpose of the scenic byway program. The national scenic byway program's vision is to create a distinctive collection of American roads, their stories and treasured places, and to encourage motor vehicle travel on those routes. Unlike rustic roads, which are relatively short local road or highway segments, scenic byways provide a longer distance destination that has medium to high scenic characteristics visible from the roadway and a variety of tourist-oriented amenities and activities. The department believes that it is important that motor vehicle traffic be able to navigate the entire scenic byway route, which would become impossible if sections of highway that do not allow motor vehicle travel were included in a byway.
As another alternative, the department could allow all highways of any type to be eligible for inclusion as scenic byways. There has been no public request or demand to include interstate highways as scenic byways. Nor has there been demand for alleys, bike routes, and other similar facilities to be designated as scenic byways. The department does not propose to change that part of the rule.
The department believes the program is intended to serve the motoring public. Expanding the eligibility of certain highway types for inclusion as potential scenic byways, and excluding those which are not suitable for leisure driving or regular motor vehicle traffic, is consistent with the intent of the program.
(b) Incorporating Local Roads into the Scenic Byway System.
Recent amendments to Wis. Stat. s.
84.106 provide new opportunities to integrate county and local roads into scenic byway routes. The proposed rule will provide an opportunity for the potential designation of routes with scenic sites that are not on the State and Federal highway systems.
In the alternative, the department could allow ch.
Trans 202 to remain as it is currently written. Failure to amend the chapter to take advantage of the additional latitude extended by the proposed amendments to Wis. Stat. s.
84.106 would be inconsistent with the legislative intent of Act 147.
(c) Application and Designation Process.
Policies and procedures regarding the application and designation process are anticipated to remain the same. The current application procedures have been successful in achieving the program's goal of identifying and designating routes with medium to high scenic and complimentary features and resources with a minimum of detracting features. Additionally, local citizen groups or local governments understand the application procedures and are able to submit the necessary material for consideration without confusion. The Scenic Byways Advisory Committee (SBAC) reviews the completed local applications prepared for designation. The materials allow the SBAC to conduct an in-depth review and comment from its area of expertise (e.g. tourism and marketing, historic significance, etc.).
2011 Wisconsin Act 147 recreates Wis. Stat. s.
84.106 (3), related to Marking Highways. Act 147 specifies that the Wisconsin Department of Transportation (WisDOT) shall be responsible for the installation and maintenance of logo signs along the state trunk highway system. Act 147 also specifies that the local government with maintenance authority over the road or highway shall be responsible for the installation and maintenance of logo signs.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Authority for this rule-making is provided in Wis. Stat. s.
84.106 and Wis. Stat. ch.
227.
Wis. Stat. s.
84.106 (2) requires WisDOT to promulgate rules related to the scenic byway program:
84.106 Scenic byways program…
(1m) DESIGNATION. The department shall develop, implement, and administer a program to
designate highways or portions of highways in this state, including, notwithstanding sub. (2), state trunk highways, connecting highways, and local highways, that have outstanding scenic, historic, cultural, natural, recreational, or archaeological qualities as scenic byways. The department may seek designation by the federal government of a highway designated as a scenic byway under this section as a national scenic byway or as an All-American Road.
(2) RULES. The department shall promulgate rules under this section consistent with
23 USC162 and regulations established under that section.
In addition, Wis. Stat. s.
227.11 (2) permits any agency to adopt rules interpreting statutes administered by that agency:
227.11 (2) 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.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
Not less than 100 hours.
6. List with Description of all Entities that may be Affected by the Proposed Rule
Entities that may be affected by the proposed rule include: Communities considering a scenic byways designation; residents and businesses located along scenic byway routes; outdoor advertisers; participants in the tourism industry.
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
Title 23 U.S.C. § 131 (s) and § 162.
2011 Wisconsin Act 147 is not inconsistent with existing federal regulations.
Under federal law, the national scenic byway program's vision is to create a distinctive collection of American roads, their stories and treasured places. FHWA Interim Policy (Volume 60, No. 96 Federal Register) set forth the criteria for the designation of roads as National Scenic Byways based on their scenic and other qualities, regardless of whether the highways are under state or local jurisdiction.
Federal law in 23 U.S.C. § 131 (2) does restrict billboard erection along scenic byways that are part of the interstate or national highway systems. Like the federal program, the Wisconsin Scenic Byways Program's current purpose is to identify, through local government initiatives, highway routes with outstanding scenic characteristics and other related qualities and resources that provide travelers with an exceptional travel experience. Consistent with federal law, Wis. Stat. §
84.106 (as amended by
2011 Wisconsin Act 147) now permits roads to be added to the scenic highways system, regardless of whether the roads are under state or local jurisdiction.
Also consistent with federal law, this proposed rule-making will make clear that federal highway beautification act requirements (and corresponding state laws and regulations) will not be applied to highways to which federal law does not apply.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
