CR_11-029 Hearing to consider an order to amend section RL 128.03 (1) (b); and to create section RL 128.04 (6) (c), relating to continuing education.

4. A portfolio and program level net cost-effectiveness analysis.

5. A description of the public utility's proposed tracking and reporting system.

6. A description of the public utility's proposed evaluation, measurement, and verification plan.

7. A description of how the public utility will coordinate its voluntary program with any statewide water conservation programs.

8. Any other information the commission requests.

(b) A public utility may not administer or fund a voluntary program that provides rebates or other direct financial incentives to its customers for water efficient products or services without the commission's approval.

(2) APPROVAL OF VOLUNTARY PROGRAMS. (a) The commission shall consider each of the following when deciding whether to approve a voluntary program:

1. Whether the program is in the public interest.

2. The likelihood the public utility will achieve its program goals.

3. The inclusion of appropriate water conservation measures.

4. The adequacy of the proposed budget.

5. The net cost-effectiveness of the program.

6. The adequacy of the public utility's evaluation, measurement, and verification plan.

7. The level of coordination with any statewide water conservation programs.

(b) Unless the voluntary program is included in a general rate proceeding, the commission shall issue its decision to approve, deny, or modify a proposed voluntary program in writing within 40 working days after receiving the proposal. If the commission denies or modifies a proposed voluntary program it shall explain its reasons for the denial or modification. If the commission denies a voluntary program, the public utility may revise and resubmit a request for approval of a voluntary program at any time.

(3) MODIFYING OR DISCONTINUING A VOLUNTARY PROGRAM. A public utility may request that the commission authorize the modification or discontinuation of a voluntary program at any time. A public utility may not modify or discontinue a voluntary program without commission approval.

(4) RETURN OF FUNDS. The commission may require a public utility to return any unspent funds collected for a voluntary program approved under this section to its ratepayers.

(5) ANNUAL REPORTS. A public utility receiving commission approval for a voluntary program under this section shall submit an annual report to the commission no later than April 1 each year. The report shall be in a format specified by the commission and shall include all of the following:

(a) A summary of program activities in the previous calendar year.

(b) An itemized accounting of administrative and program costs.

(c) The program balance or deficit at the end of the year.

(d) Estimated water savings attributable to the program, by customer class.

(e) The number of customers receiving rebates or other incentives.

(f) Estimated non-water benefits, including energy savings.

(g) Other performance metrics identified by the public utility.

(h) Any other information requested by the commission.

(6) AUDITS AND VERIFICATION. The commission may conduct an audit, or contract with an independent third-party evaluator to conduct an audit, to verify the performance of a public utility's voluntary program. The public utility shall pay for the costs of the evaluation, as determined by the commission.

Notice of Hearing

Regulation and Licensing

CR 11-029

NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Department of Regulation and Licensing in sections 227.11 (2) and 480.08 (6) , Stats. and interpreting section 480.08 (6) , Stats., the Department of Regulation and Licensing will hold a public hearing at the time and place indicated below to consider an order to amend section RL 128.03 (1) (b) ; and to create section RL 128.04 (6) (c) , relating to continuing education.

Hearing Information

Date:   Tuesday, July 19, 2011

Time:   9:00 a.m.

Location:   1400 East Washington Avenue
  Room 121A
  Madison, Wisconsin 53703

Appearances at the Hearing

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 Regulation and Licensing, Division of Board Services, P.O. Box 8935, Madison, Wisconsin 53708.

Submittal of Written Comments

Comments may be submitted to Sharon Henes, Paralegal, Department of Regulation and Licensing, Division of Board Services, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, WI 53708-8935, or by email to [e-mail] . Comments must be received at or before the public hearing to be held on July 19, 2011 to be included in the record of rule-making proceedings.

Copies of Proposed Rule

Copies of this proposed rule are available upon request to Sharon Henes, Paralegal, Department of Regulation and Licensing, Division of Board Services, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708, or by email at [e-mail] .

Analysis Prepared by the Department of Regulation and Licensing

Statute(s) interpreted

Section 480.08 (6) .

Statutory authority

Sections 227.11 (2) and 480.08 (6) , Wis. Stats.

Explanation of agency authority

The Department of Regulation and Licensing has the authority under section 480.08 (6) to promulgate rules relating to auctioneer continuing education.

Related statute or rule

There are no other statutes or rules other than those listed.

Plain language analysis

Section 1 amends RL 128.03 (1) (b) to allow the 7 hours update Uniform Standards of Professional Appraisal Practice (USPAP) course be approved as continuing education for those individuals licensed as both auctioneers and real estate appraisers.

Section 2 creates RL 128.04 (6) (c) which adds appraisers, who are approved by the Appraiser Qualifications Board of the Appraisal Foundation, to the list of those who are approved to be continuing education instructors.

Summary of and preliminary comparison with existing or proposed federal regulation

No existing or proposed federal regulation.

Comparison with rules in adjacent states

Illinois:

Courses must be provided by a school approved and licensed in accordance with the Auction License Act and the rules for the Administration of the Auction License Act. Courses must be developed and presented by persons with education or experience in the subject of the continuing education courses. "Real Estate School Approved under Article 30 of the Real Estate License Act of 2000" is one type of approved school. Section 1440.310, Rules for Administration of the Auction Act.

Iowa:

Does not require a license for auctioneers.

Michigan:

Registered auctioneer license is available but voluntary. No CE requirement.

Minnesota:

Requires a license in the county of residence. No CE requirement.

Summary of factual data and analytical methodologies

Many auctioneers are dually-licensed as real estate appraisers. Licensed and certified real estate appraisers are required to take a 7-hour national Uniform Standards of Professional Appraisal Practice (USPAP) update course every biennium to maintain their license status. Auctioneers who are also dually licensed as real estate appraisers would like to be able claim credit for the USPAP course to assist in meeting their biennial continuing education credits as auctioneers. This is business-friendly as independent practitioners and businesses will be able to reduce the costs of complying with continuing education requirements. It also benefits dually-licensed auctioneers as it provides a greater variety of continuing education courses that they may take to meet their biennial requirements.

Analysis and supporting documentation used to determine effect on small business

Section 227.137 , Stats., requires an "agency" to prepare an economic impact report before submitting the proposed rule-making order to the Wisconsin Legislative Council. The Department of Regulation and Licensing is not included as an "agency" in this section.

Small Business Impact

These proposed rules were reviewed by the Small Business Review Advisory Committee and it was determined that the rules will not have a significant economic impact on a substantial number of 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].

Fiscal Estimate

The department estimates that the proposed rule will have no significant fiscal impact.

Anticipated costs incurred by the private sector

The department finds that this rule has no significant fiscal effect on the private sector.

Contact Person

Sharon Henes, Paralegal, Department of Regulation and Licensing, Division of Board Services, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, Wisconsin 53708; telephone [phone]; email at [e-mail] .