CR_13-054 Revises Chapter NR 114 Subchapter I, Wis. Adm. Code, relating to the certification requirements of wastewater treatment system and plant operators.

Wisconsin Administrative Register No. 691, 7/31/2013

Rule-Making Notices

Notice of Hearing

Natural Resources

Environmental Protection — General, Chs. 100—

CR 13-054

(DNR # WT-29-09)

NOTICE IS HEREBY GIVEN THAT pursuant to s. 227.11 Stats., interpreting s. 281.17 (3) , Wis. Stats., the Department of Natural Resources will hold public hearings on proposed revisions to Chapter NR 114 Subchapter I , Wis. Adm. Code, relating to the certification requirements of wastewater treatment system and plant operators.

Hearing Information

Date:   Tuesday, August 13, 2013
Time:   11:00 a.m.
Location:   WDNR West Central Service Center
  1300 W. Clairemont Ave., Room 185
  Eau Claire, WI 54701

Date:   Friday, August 16, 2013
Time:   11:00 a.m.
Location:   WDNR Service Center Conference Room
  5301 Rib Mountain Drive
  Wausau WI, 54401

Date:   Tuesday, August 27, 2013
Time:   11:00 a.m.
Location:   WDNR Northeast Region Service Center
  Lake Michigan Conference Room
  2984 Shawano Ave.
  Green Bay, WI 54313

Date:   Wednesday, August 28, 2013
Time:   11:00 a.m.
Location:   WDNR Southeast Region Service Center
  2300 N. Martin Luther King Jr. Drive
  Rooms 140 and 141
  Milwaukee, WI 53212

Date:   Thursday, August 29, 2013
Time:   10:00 a.m.
Location:   WDNR Southern Region Service Center
  Glaciers Edge Conference Room
  3911 Fish Hatchery Road
  Fitchburg, WI 53911

Pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request as noted below. The public hearing sites are accessible to people with disabilities. If you have special needs or circumstances that may make communication or accessibility difficult at a hearing site or require other accommodation, please contact Jack Saltes at [phone] (email: [e-mail] ) with specific information on your request at least 10 days before the date of the scheduled hearing.

Availability of the Proposed Rule and the Fiscal Estimate and Economic Impact Analysis

The proposed rule revisions, including the Fiscal Estimate and the Economic Impact Analysis may be viewed and downloaded and comments electronically submitted at the following internet site at the following internet site. The public comment period closes on August 29 th , 2013: https://health.wisconsin.gov/admrules/public/Rmo?nRmoId=8023

Pursuant to s. 227.114 , Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses. The Department's Small Business Regulatory Coordinator may be contacted at: [e-mail] or by calling [phone].

If you do not have internet access, a copy of the proposed rules and supporting documents, including the Economic Impact Analysis may be obtained from Jack Saltes, DNR-WY/3, P.O. Box 7921, Madison, WI 53707-7921, or by calling [phone].

Place Where Comments are to be Submitted and Deadline for Submission

Written comments on the proposed rules may be submitted via U. S. mail to Jack Saltes, DNR-WY/3, P.O. Box 7921, Madison, WI 53707-7921 or by e-mail to: jack.saltes@ wisconsin.gov

Comments may be submitted using the internet site where the rule and other documents have been posted [ https://health.wisconsin.gov/admrules/public/Rmo?nRmoId=8023 ]. Please follow the guidelines stated on this site when submitting comments.

Comments submitted on or before August 29, 2013, will be considered in developing a final rule. Written comments whether submitted electronically or by U. S. mail will have the same weight and effect as oral statements presented at the public hearings.

Analysis Prepared by Department of Natural Resources

Statutory authority

Section 227.11 , Stats.

Statutes interpreted

Section 281.17 (3) , Stats.

Explanation of agency authority

Chapter 281 , Stats. — Water and Sewage, grants authority to the Department to serve, to protect, maintain and improve the quality and management of the waters of the state, ground and surface, public and private. To the end that these vital purposes may be accomplished, all rules and orders promulgated under chapter 281, Stats., are to be liberally construed in favor of the policy objectives set forth in the chapter. Section 281.17 (3) , Stats., specifically directs the department to promulgate rules establishing an examining program for certifying wastewater treatment system and plant operators.

Related statute or rule

Chapter NR 114 , Wis. Adm. Code, relates to regulation of wastewater discharges in the chapter NR 200, Wis. Adm. Code, series of rules. The quality of the discharge from wastewater treatment plants directly relates to the design and construction of the facility, as well the knowledge and competency of the operators, who run and manage the state's wastewater treatment plants. A well operated and managed wastewater treatment plant produces a high quality effluent thus protecting and maintaining water quality in the state.

Plain language analysis

Operator certification requirements in Wisconsin originated with Chapter 614 , Wisconsin laws of 1965. After passage of the Clean Water Act of 1972, the operator certification program became more solidified with the establishment of wastewater treatment plant classifications (1, 2, 3, 4) and numerous subclasses. Study guides and exams were developed for operators of the different classes and subclasses of treatment plants. The Bureau of Science Services administers the certification program, while the Bureau of Water Quality provides the technical base and support. Examinations are given in each of the regions twice a year in May and November.

The program underwent code revisions in the 1990's and currently has a critical need of revisions with the advent of changes and innovation in computer and wastewater technologies over the past two decades. Wisconsin permits over 1000 industrial and municipal wastewater treatment works and has 2400 certified operators operating these wastewater facilities. In the past 25 years, most treatment plants have more received stringent effluent limitations, and have become more complex and technologically advanced through upgrading and new construction. Well operated and maintained wastewater treatment works (sewer systems and treatment plants) by knowledgeable and skilled operators directly translates into protections of public health and the environment. Increased competency of operators also results in more consistent and improved compliance with Wisconsin Pollutant Discharge Elimination System (WPDES) permit requirements. This then leads to fewer instances of noncompliance and a lowered potential for costs due to enforcement of permit violations by the Department.

Chapter NR 114 , Subchapter I — Certification of Waterworks and Wastewater Treatment Plant Operators, Wis. Adm. Code, is being repealed and recreated to achieve five objectives: (1) update and revise treatment plant classifications and subclasses to reflect new and changed technologies; (2) eliminate advanced certification examinations and replace them with an advanced certification point system to allow operators more flexibility and educational options towards advancement; (3) expand certification to include sanitary sewer collection systems; (4) provide more options for a new generation of operators to gain knowledge and competency through on-line classes and apprenticeship opportunities; and (5) separate the certification requirements for waterworks and wastewater works operators for improved readability and understanding.

Chapter NR 114 , Wis. Adm. Code, establishes revised plant classification levels (basic or advanced) and subclasses; an advanced certification point system; future certification requirements for sanitary sewer collection systems and a fair conversion (grandfathering) process of transferring existing operators into the new certification system.

Summary and comparison with existing and proposed federal regulations

While 33 USC 1251 , federal Clean Water Act, does not mandate operator certification for wastewater treatment plants, the need for operating and maintaining wastewater treatment plants properly by knowledgeable and highly skilled operators is recognized by all states. All fifty states have wastewater treatment plant operator certification programs.

Comparison of similar rules in adjacent states

All U.S. Environmental Protection Agency (EPA) Region 5 states (Illinois, Indiana, Michigan, Minnesota, and Ohio) have wastewater treatment plant operator certification programs. These certification programs are based on examination and experience.

Of the EPA Region 5 states, Ohio is the only state that requires a certified operator in charge for wastewater collection systems. Minnesota requires a collection system certificate for operation of wastewater collection, pumping, and conveyance facilities that are managed separately from the wastewater treatment facility. Illinois offers a voluntary wastewater collection system operator certificate while, Indiana and Michigan do not offer state certification.

ILLINOIS: In Illinois, a voluntary collection system operator certification is available for wastewater operators. The certification is administered by the Illinois State Environmental Protection Agency's Bureau of Water. Prerequisites for certification include a high school diploma (or equivalent), 6 months collection system operating experience and the equivalent of 6 months substitution experience. There is only one level of voluntary certification offered.

INDIANA: The Indiana Department of Environmental Management, who oversees certification of Wastewater Operators, does not offer collection system certification. The professional member association, Indiana Water Environment Association has a Collection System Committee (30+ members) who administer a voluntary collection system operation certification at 4 levels for wastewater operators.

MICHIGAN: The State of Michigan's Department of Environmental Quality, who certifies Wastewater Operators, does not offer certification for collection systems.

MINNESOTA: The Minnesota Pollution Control Agency (MPCA) , who certifies wastewater operators, requires at least one certified collection system operator for a system of collection, pumping, and conveyance facilities that is operated separately from the facility that treats, stabilizes and disposes of wastewater. The MPCA classifies these facilities as type-S facilities with four subclasses (A, B, C, & D), based upon the size of the population served. If the collection facility is not operated separately from the treatment facility, the designated operator of the treatment facility is responsible and does not need a type S certificate.

OHIO: The Ohio Environmental Protection Agency's Division of Drinking and Groundwater certifies the person responsible and in charge of a collection system. Sewerage systems, a.k.a. collection systems, are classified. Sewerage systems may be classified at one of two levels (I and II) based upon design flow (< or > 0.15 MGD respectively).

Summary of factual data and analytical methodologies used in the rules and how any related findings support the regulatory approach chosen

Given the increase in on-line training courses and programs for wastewater treatment plant operators, especially in the last ten years, it became apparent and imperative that the Department revise and modernize its certification program to allow operators more flexibility and choices in achieving advanced certification beyond only examinations. During the revisions of ch. NR 114 , Wis. Adm. Code, the Department of Workforce Development, Bureau of Apprenticeship Standards received federal grant monies to develop an Apprenticeship Program for Wastewater Treatment plant operators. The Apprenticeship Program has since been developed and now available for wastewater treatment plant operators. Operators earn 6 of 10 points towards advanced certification by completing this program.

The concept of an advanced certification point system came from the Kansas wastewater operator certification program. Kansas uses a point system to determine what level exam an operator is eligible to take. The Department adapted the point system concept by developing one for advanced certification. Advanced certification allows operators to gain a deeper insight and knowledge about a particular aspect of wastewater treatment. A deeper and stronger knowledge through advanced certification is critical in operating more complex wastewater treatment plants or require greater operational skills because of various factors.

Concurrent to these ch. NR 114 , Wis. Adm. Code, revisions, the Department has also drafted revisions to various rules for collection systems, more commonly referred to as the "Sanitary Sewer Overflow (SSO) Rules" (WT-23-11). These rule revisions are primarily intended to prevent, to the extent possible, the overflow of untreated sewage to state waters and land surfaces and/or the backup of sewage into basements and buildings where such discharges present a risk to public health and may cause environmental harm. The SSO rules require that all sewage collection system owners implement defined programs to assure the long-term viability of those systems. Effective programs for the proper operation and maintenance of the systems will be less costly in the long-term by reducing and preventing infiltration and inflow that lead to SSOs and building backups, assuring treatment facility capacity is not exceeded, and proactively dealing with potential failures of the system components. The SSO rules will require that all collection system owners develop and implement a Capacity, Management, Operation and Maintenance (CMOM) program within three years to assure proper long-term operation of sewage collection systems. The SSO Rules will also specify what components must be included in a CMOM and the documentation and reporting requirements associated with such a program.

With CMOM requirements and implementation of the SSO Rules, certification requirements for collection system operators will complement those rule revisions. It will provide the needed knowledge and skills for operators to develop and implement successful CMOM Programs and better operate and maintain their collection systems. Improved operational knowledge of sanitary sewer systems directly translates into protecting public health and water quality from basement back-ups and sanitary sewer overflows. Knowledgeable collection system operators also help protect and maintain the large investment of government funding of infrastructure. The Department evaluated collection system certification programs for every state in the nation. Approximately 46% of the states require some level of collection system certification.

In March 2010, the Department established a wastewater operators trainers stakeholders workgroup to assist and advise the Department in revising the certification program for wastewater treatment plant operators. The workgroup consisted of representatives from the Wisconsin Wastewater Operators Association (WWOA), Wisconsin Rural Water Association (WRWA), private trainers, consultants, technical colleges, UW-Stevens Point, and EPA. Several workgroup meetings were held during 2010-2012 in crafting the revisions. Comments and ideas for revisions from the workgroup members contributed significantly to the changes and modernization of the certification program.

Analysis and supporting documentation used to support the small business analysis

No small businesses, as defined in s. NR 227.114 (1) , Wis. Adm. Code, will be affected by changes in wastewater treatment plant operator certification requirements. Small businesses, as defined, do not generally own and operate treatment plants, or at least mechanical treatment plants with surface water discharges, that require certified operators under ch. NR 114 , Wis. Adm. Code. Any fiscal impacts that would occur from these rule changes would affect municipalities and larger industries, that have treatment plants or municipal sanitary sewer collection systems.

For example, in the small businesses analysis prepared for the phosphorus water quality criteria, Board Order WT-25-08, that could also potentially apply to treatment plant operator certification, 11 dairy operations were identified that met the small business definition. Small cheese factories may be the best example of a small business. Of those 11, 6 apply wastes to the land through a variety of methods and are exempt from certification requirements. The other 5 discharge their wastes to municipal wastewater treatment plants, also exempt from certification requirements.

Based on this analysis, the Department concluded there are few, if any, small businesses that will be affected by changes in wastewater treatment plant or sanitary sewer system operator certification requirements.

Effect on small business, including how this rule will be enforced

Based on the above analysis, the Department determined that few, if any, small businesses would be affected by the proposed changes in wastewater treatment plant operator certification requirements. Small cheese factories may be the best example of a small business that would have wastewater treatment and management needs. Many of these small dairies land apply their wastewater and thus are excluded from operator certification requirements.

A positive effect on small business will be additional training opportunities for consultants and private trainers to provide advanced training (on-line or classroom) to operators, especially those seeking advanced certification through education. The requirement for municipal collection systems to have a certified operator will result in the development of sanitary sewer collection system classes by wastewater education based businesses and technical colleges for municipal operators who will need this certification in the next 5-10 years.

Initial Regulatory Flexibility Analysis Summary

No small businesses, as defined in s. NR 227.114 (1) , Wis. Adm. Code, will be affected by changes in wastewater treatment plant operator certification requirements. Small businesses, as defined, do not generally own and operate treatment plants, or at least mechanical treatment plants with surface water discharges, that require certified operators under ch. NR 114 , Wis. Adm. Code. Any fiscal impacts that would occur from these rule changes would affect municipalities and larger industries, that have treatment plants or municipal sanitary sewer collection systems.

For example, in the small businesses analysis prepared for the phosphorus water quality criteria, Board Order WT-25-08, that could also potentially apply to treatment plant operator certification, 11 dairy operations were identified that met the small business definition. Small cheese factories may be the best example of a small business. Of those 11, 6 apply wastes to the land through a variety of methods and are exempt from certification requirements. The other 5 discharge their wastes to municipal wastewater treatment plants, also exempt from certification requirements.

Based on this analysis, the Department concluded there are few, if any, small businesses that will be affected by changes in wastewater treatment plant or sanitary sewer system operator certification requirements.

Fiscal Analysis and Economic Impact Analysis Summary

Ultimately, the impact on the state's economy will be moderate. Most of the changes that result from this rule are transfers rather than costs. The advanced exam will be slightly more expensive, but there will be fewer exams for operators to take and the exam is not mandatory. Wastewater treatment facilities may need to pay higher salaries that they offset by increasing rates (or absorbing), but employees will benefit from the raises. Operators may choose to pay for preparatory classes, but those offering these courses will realize an increase in their business.

While there is some variability, we predict the total statewide costs and transfers to be between $100,000 and $200,000 for the first year of implementation as facilities pursue operator certification necessitated by facility reclassification and the new sanitary system requirements. After the first year, economic impacts will be reduced to transfers resulting from salary increases and changes in exam costs.

We anticipate that the Department will absorb implementation costs into the existing program. Table 1 in Appendix 2 of the Fiscal Estimate & Economic Impact Analysis (DOA-2049) provides a summary of the costs associated with different aspects of the point system.

Environmental Impact

The Department has made a determination that these rule revisions are a Type IV action under Chapter NR 150 , Wis. Adm. Code, and no environmental analysis is required.

Agency Contact

Jack Saltes, WY/3

Bureau of Water Quality

P.O. Box 7921

101 South Webster Street

Madison, WI 53707

[e-mail]

[phone].

Notice of Hearing

Safety and Professional Services

Professional Services, Chs. 1—299

CR 13-053

NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Department of Safety and Professional Services in sections 227.11 (2) (a) , 440.03 (1) , and 458.12 , Stats., and interpreting section 440.03 (1) , Stats., the Department of Safety and Professional Services will hold a public hearing at the time and place indicated below to consider an order to repeal s. SPS 81.04 (1) (c) 3. and 4. and to amend s. SPS 81.04 (2) , relating to reciprocity. As provided in section 227.24 (4) , Stats., this hearing will also be for emergency rules currently in effect that have identically created this SPS section.

Hearing Information

Date:   Monday, August 12, 2013
Time:   11:00 a.m.
Location:   1400 East Washington Avenue
  Room 121A
  Madison, Wisconsin

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. All submittals must be directed to Shawn Leatherwood, Rules Coordinator, at [e-mail] ; or by mail addressed to the Department of Safety and Professional Services, Division of Policy Development, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received at or before the public hearing to be included in the record of rule-making proceedings.

Place Where Comments are to be Submitted and Deadline for Submission

Comments may be submitted to Shawn Leatherwood, Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, WI 53708-8935, or by email to shancethea.leatherwood@ wisconsin.gov . Comments must be received at or before the public hearing to be held on August 12, 2013 to be included in the record of rule-making proceedings.

Copies of Rule

Copies of this proposed rule are available upon request to Shawn Leatherwood, Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708, by email at [e-mail] or on our website at http://dsps.wi.gov/Default.aspx?Page=44e541e8-abdd-49da-8fde-046713617e9e .

Analysis Prepared by the Department of Safety and Professional Services

Statutes interpreted

Section 440.03 (1) , Stats.

Statutory authority

Sections 227.11 (2) (a) , 440.03 (1) , 458.12 , Stats.

Explanation of agency authority

The Department is empowered to promulgate rules interpreting the provision of any statute it enforces or administers pursuant to s. 227.11 (2) (a) , Stats. Under the authority of s. 440.3 (1), Stats., the department may promulgate rules defining uniform procedures to be used by the Real Estate Appraisers Board. Under s. 458.12 , Stats., the Real Estate Appraisers Board is allowed to enter into reciprocal agreements. The subject of these proposed rules deals with the procedure for entering into reciprocity agreements with other states. Therefore, the Board is authorized to draft these proposed rules

Related statute or rule

Section SPS 81.04

Plain language analysis

A procedure for reciprocity for real estate appraisers is the topic of these proposed rules. Presently applicants seeking reciprocity in Wisconsin must hold a current credential from another state, which has not been subject to discipline, and was granted in compliance with the Financial Institutions Reform Recovery Act of 1989, (FIRREA) 12 USC 3331 et. seq. Applicants must also pass a Wisconsin statutes and rules examination, have no arrests or convictions and have satisfied the required experience. As a result of federal legislation, namely FIRREA Title XI as amended by the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank Act), less strenuous procedures for reciprocity must be put into place on or before July 1, 2013.

The Dodd-Frank Act directs states to refrain from imposing additional barriers on the issuance of reciprocity credentials to appraisers from other states. Under the federal legislation, an applicant seeking reciprocity in Wisconsin must be from a state that is in compliance with FIRREA Title XI. Also, the applicant must hold a valid credential from that state. Furthermore, the credentialing requirements of that state, as they currently exist, must meet or exceed the credentialing requirement in Wisconsin, as they currently exist.

Summary of, and comparison with, existing or proposed federal regulation

FIRREA Title XI regulates real estate appraisers on the federal level. The purpose of FIRREA Title XI "is to provide that Federal financial and public policy interests in real estate related transactions will be protected by requiring that real estate appraisals utilized in connection with federally related transactions are performed in writing, in accordance with uniform standards, by individuals whose competency has been demonstrated and whose professional conduct will be subject to effective supervision." 12 U.S.C. 3331 . This federal mandate is accomplished via the Appraisal Subcommittee (ASC). The ASC monitors state regulation of licensed appraisers and reviews each state's compliance with the federal legislation. The ASC also monitors appraisal standards for federally-related transactions and determines whether state licensed appraisers will be required for these real estate transactions.

The Dodd-Frank Act amended the reciprocity requirement of FIRREA XI. Instead of merely encouraging states to develop reciprocity agreements, the Act requires that states may not impose additional impediments when issuing reciprocity credentials. However, states may be more lenient in issuing reciprocity credentials and advance a more open door policy.

Comparison with rules in adjacent states

Illinois : Illinois does not grant licensure by reciprocity for real estate appraisers but allows licensure by endorsement for non-resident applicants. Endorsement applicants must submit an application, the required fee, and a certification of good standing from the jurisdiction of the applicant's place of residence. Ill. Admin. Code tit. 68 §1455.100.

Iowa : Iowa grants non-resident applicants licensure by reciprocity. Applicants seeking reciprocity must submit the appropriate form, pay the required fee and demonstrate good standing in another state. The good standing requirement may be demonstrated by being listed as an appraiser in good standing on the National Registry of the Appraisal Subcommittee. Iowa Admin. Code r. 193F-10.01 (2).

Michigan : Michigan provides for licensing without examination. MCL 339.2623. The state will issue a certified general real estate appraiser, or state licensed real estate appraiser licensure without examination as long as that applicant is licensed, registered, certified, or otherwise regulated by another state and if the requirements of that state are at least equal to Michigan's requirements.

Minnesota: Minnesota requires non-resident applicants to comply with the same application requirements as in-state applicants. M inn. Stat. §82B.071 subd.7.

Summary of factual data and analytical methodologies

The rules were developed primarily by reviewing and comparing federal legislation with Wisconsin's rules regulating real estate appraisers in an effort to bring the Wisconsin Administrative Code language in line with the federal statutes. No other analytical methodologies were used.

Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis

These proposed rules do not have an economic impact on 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 and Economic Impact Analysis

The Fiscal Estimate and Economic Impact Analysis are attached.

Initial Regulatory Flexibility Analysis or Summary

These proposed rules do not have an economic impact on small businesses as defined in s. 227.114 (1) , Stats.

Agency Contact Person

Shawn Leatherwood, Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, Wisconsin 53708; telephone [phone]; email at shancethea.leatherwood@ wisconsin.gov .

STATE OF WISCONSIN DEPARTMENT OF ADMINISTRATION DOA-2049 (R03/2012)	Division of Executive Budget and Finance 101 East Wilson Street, 10th Floor P.O. Box 7864 Madison, WI 53707-7864 FAX: [phone]
ADMINISTRATIVE RULES Fiscal Estimate & Economic Impact Analysis

1. Type of Estimate and Analysis
X Original   ⍽ Updated   ⍽ Corrected
2. Administrative Rule Chapter, Title and Number
165-SPS 81.04
3. Subject
Reciprocity
4. Fund Sources Affected			5. Chapter 20, Stats. Appropriations Affected
⍽ GPR   ⍽ FED   ⍽ PRO   ⍽ PRS   ⍽ SEG   ⍽ SEG-S
6. Fiscal Effect of Implementing the Rule
X No Fiscal Effect ⍽ Indeterminate	⍽ Increase Existing Revenues ⍽ Decrease Existing Revenues		⍽ Increase Costs ⍽ Could Absorb Within Agency's Budget ⍽ Decrease Cost
7. The Rule Will Impact the Following (Check All That Apply)
⍽ State's Economy ⍽ Local Government Units		⍽ Specific Businesses/Sectors ⍽ Public Utility Rate Payers ⍽ Small Businesses (if checked, complete Attachment A)
8. Would Implementation and Compliance Costs Be Greater Than $20 million? ⍽ Yes   X No
9. Policy Problem Addressed by the Rule
Title XI of the Federal Financial Institutions Reform and Recovery Enforcement Act of 1989, (FIRREA) as amended by the Dodd-Frank Act of 2010, dictates the reciprocity requirements for real estate appraisers in each state. State standards cannot overly burden applicants seeking reciprocity in Wisconsin. These proposed rules seek to bring Wisconsin's reciprocity rule in line with the federal standard.
10. Summary of the businesses, business sectors, associations representing business, local governmental units, and individuals that may be affected by the proposed rule that were contacted for comments.
The rule was posted on the Department of Safety and Professional Service's website for 14 days in order to solicit comments from the public regarding the rule. No comments were received from the public regarding the rule.
11. Identify the local governmental units that participated in the development of this EIA.
No local governmental units participated in the development of this EIA.
12. Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
This rule will not have an economic or fiscal impact on specific businesses, business sectors, public utility rate payers, local governmental units or the state's economy as a whole.
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
The proposed rule will generate greater consistency between federal and state standards.
14. Long Range Implications of Implementing the Rule
As long as the proposed rule is consistent with the federal standard, real estate appraisals will be conducted in a uniform manner, by individuals whose competence has been demonstrated.
15. Compare With Approaches Being Used by Federal Government
The federal government provides the regulatory scheme which states must follow. The federal standard is FIRREA Title XI §1122, 12 U.S.C. 3351 (b) as amended by the Dodd Frank Act, which provides that, "[N]otwithstanding any other provisions of this title, a federally related transaction shall not be appraised by a certified or licensed appraiser unless the State appraiser certifying or licensing agency of the State certifying or licensing such appraiser has in place a policy of issuing a reciprocal certification or license for an individual from another state when-"(1) the appraiser licensing and certification program of such other State is in compliance with the provisions of this title; and "(2) the appraiser holds a valid certification from a state whose requirements for certification or licensing meet or exceed the licensure standards established by the State where an individual seeks appraisal licensure." In order to comply with the federal standards, states must insure that a reciprocity applicant's home state is in compliance with FIRREA Title XI, as amended by the Dodd Frank Act, and that the reciprocity applicant holds a valid certification from their home state that meet or exceeds the certification and licensure standards established by the state where an individual seeks reciprocity. The purpose of FIRREA, "is to provide the Federal financial and public policy interests in real estate related transactions will be protected by requiring that real estate appraisals utilized in connection with federally related transactions are preformed in writing, in accordance with uniform standards, by individuals whose competency has been demonstrated and whose professional conduct will be subject to effective supervision.". FIRREA Title XI §1101, 12 U.S.C. 3331. The purpose of FIRREA is carried out by the Appraisal Subcommittee (ASC). The ASC monitors the requirements established by states regarding the certification and licensure of real estate appraisers. The ASC conducts audits to determine whether states are in compliance with FIRREA. States that are designated "out of compliance" may not engage a certified or licensed appraiser to perform an appraisal of property for a federally related transaction and will not be recognized by other states when applicants from that state are seeking reciprocity.
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota )
Illinois : Illinois does not grant licensure by reciprocity for real estate appraisers but allows licensure by endorsement for non-resident applicants. Endorsement applicants must submit an application, the required fee, and a certification of good standing from the jurisdiction of the applicant's place of residence. Ill. Admin. Code tit. 68 §1455.100. Iowa: Iowa grants non-resident applicants licensure by reciprocity. Applicants seeking reciprocity must submit the appropriate form, pay the required fee and demonstrate good standing in another state. The good standing requirement may be demonstrated by being listed as an appraiser in good standing on the National Registry of the Appraisal Subcommittee. Iowa Admin. Code r. 193F-10.01 (2). Michigan: Michigan provides for licensing without examination. MCL 339.2623. The state will issue a certified general real estate appraiser, or state licensed real estate appraiser licensure without examination as long as that applicant is licensed, registered, certified, or otherwise regulated by another state and if the requirements of that state are at least equal to Michigan's requirements. Minnesota: Minnesota requires non-resident applicants to comply with the same application requirements as in-state applicants. M inn. Stat. §82B.071 subd.7.
17. Contact Name				18. Contact Phone Number
Shawn Leatherwood				608-261-4438

This document can be made available in alternate formats to individuals with disabilities upon request.

Notice of Hearing

Safety and Professional Services —
Massage Therapy and Bodywork Therapy Affiliated Credentialing Board

CR 13-055

NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Massage Therapy and Bodywork Therapy Affiliated Credentialing Board in ss. 15.085 (5) (b) , 460.04 (2) , 460.10 (1) , Wis. Stats., and interpreting ss. 460.04 (2) (a) , (c) , (d) , (f) , and 460.08 , Wis. Stats., and 2009 Wisconsin Act 355 the Massage Therapy and Bodywork Therapy Affiliated Credentialing Board will hold a public hearing at the time and place indicated below to consider an order to repeal s. MTBT 2.05 and (Note); to amend ss. MTBT 1.01 , 2.01 (title), 2.03 (title), (1) (a) and (c) , 3.01 (1) , 3.01 (5) (b) , 4.01 (title), (intro.), 4.02 (title), (intro.) , (1) , (3) , 4.03 , 4.04 (1) (a) , 4.04 (1) (c) , (2) (a) and (b) , 5.01 (9) , (16) , (17) , (18) , (19) , (20) , (27) , (28) , (32) , 5.02 (1) , (2) (b) , (c) , (3) , and (4) ; to repeal and recreate s. MTBT 1.02 ; to create ss. MTBT 6.01 , 6.02 , 7.01 , 7.02 , and 7.03 , relating to temporary licensure and continuing education.

Hearing Information

Date:   Tuesday, August 13, 2013
Time:   10:00 a.m.
Location:   1400 East Washington Avenue
  Room 121A
  Madison, Wisconsin

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 Safety and Professional Services, Division of Policy Development, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received at or before the public hearing to be included in the record of rule-making proceedings.

Place Where Comments are to be Submitted and Deadline for Submission

Comments may be submitted to Shawn Leatherwood, Rules Coordinator Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, WI 53708-8935, or by email to shancethea.leatherwood@ wisconsin.gov . Comments must be received at or before the public hearing to be held on to be included in the record of rule-making proceedings.

Copies of Rule

Copies of this proposed rule are available upon request to Shawn Leatherwood Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708, by email at [e-mail] or on our website at http://dsps.wi.gov/ Default.aspx?Page=44e541e8-abdd-49da-8fde-046713617e9e .

Analysis Prepared by the Department of Safety and Professional Services

Statutes interpreted

Sections 460.04 (2) (a) , (c) , (d) , and (f) , and 460.08 , Stats., and 2009 Wisconsin ACT 355.

Statutory authority

Sections 15.085 (5) (b) , 460.04 (2) , 460.10 (1) , Stats., and 2009 Wisconsin Act 355 .

Explanation of agency authority

Affiliated credentialing boards are generally empowered by the legislature pursuant to s. 15.085 (5) (b) , Stats., to promulgate rules that govern their profession. The Massage Therapy and Bodywork Therapy Affiliated Credentialing Board has recently been empowered with the passage of 2009 Wisconsin Act 355 , to promulgate rules concerning temporary licenses and continuing education. Therefore, the Massage Therapy and Bodywork Therapy Affiliated Credentialing Board is authorized both generally and specifically to promulgate the proposed rules.

Related statute or rule

Wis. Admin. Code chs. MTBT 1 to 5

Plain language analysis

2009 Wisconsin Act 355 transformed the Massage Therapy and Bodywork Therapy Council into the Massage Therapy and Bodywork Therapy Affiliated Credentialing Board. (Board) The newly formed board, under the oversight of the Medical Examining Board, was granted rule making authority by the legislature as well as the authority to grant licenses instead of certificates. This proposed rule carries out the intent of the legislature by making the necessary changes to Wis. Admin. Code chs. MTBT 1 to 5 . The necessary changes include defining terms such as informed consent, intimate parts, sexually oriented business, and setting forth the requirements for temporary licensure and continuing education.

SECTION 1. amends the authority section by replacing department with board and bodyworker with bodywork therapist.

SECTION 2. repeals and recreates the definition section to include additional terms.

SECTION 3. amends title of s. MTBT 2.01 to replace certificate with license.

SECTION 4. amends the title of s. MTBT 2.03 replacing certificate with license.

SECTION 5. repeals s. MTBT 2.05 and the corresponding note.

SECTIONS 6 to 11. primarily replace department with board and certificate with license.

SECTION 12. creates provisions regarding temporary licensure.

SECTION 13. creates provisions regarding continuing education

Summary of, and comparison with, existing or proposed federal regulation

None

Comparison with rules in adjacent states

Illinois: Illinois regulates massage therapy via the Massage Licensing Act. Ill. Admin. Code tit.68 §1284 (2012). Illinois exempts students from the licensure requirement as long as they are practicing in conjunction with an approved massage school or program. Approved massage therapy schools are required to meet certain criteria including maintaining written programs, written plans of study, written course outlines and student handbooks. Applicants are required to obtain 500 hours of supervised hands-on instruction from an approved massage therapy school. Ill. Admin. Code tit. 68 §1284.20. With regards to continuing education 24 hours are required per biennium. Illinois does not issue a temporary license.

Iowa: Iowa regulations encompass both massage and bodywork therapy. IA. r. 645-131.1. Iowa requires "500 hours in massage therapy education" for licensure. IAC r. 645-131.3. Furthermore, Iowa only allows temporary licensure for applicants from other states with less stringent licensure criteria. IAC 131-5 (1). Students are not exempt from the licensure requirement. However, students may participate in "clinical practicum," meaning, "hands-on" massage therapy provided to members of the public," at the massage therapy school's primary location which is similar to an on-site student clinic. Lastly, Iowa requires 24 hours of continuing education per biennium.

Michigan: Michigan regulates massage therapy by statute under MCL 333.17591-333.17969 (2012). The practice act defines such terms as "massage therapist," and "practice of massage therapy." The terms bodywork or bodywork therapist are not included. 18 hours of continuing education are required by statute. There are no provisions for temporary licensure. The Michigan practice act allows students to practice massage therapy as a part of program of study if they are enrolled in school and under the supervision of a licensed massage therapist.

Minnesota: Massage and bodywork therapist are not licensed, certified, or registered in Minnesota. Minnesota maintains general oversight of the practice of massage therapy and bodywork through Minn. Stat. §146A, (2011). The Unlicensed Complementary and Alternative Health Care Practice Act. This act identifies bodywork, massage, and massage therapy as encompassed within the, "broad domain of complementary and alternative healing methods and treatment."

Summary of factual data and analytical methodologies

The Massage Therapy and Bodywork Therapy Affiliated Credentialing Board ensures the accuracy, integrity, objectivity and consistency of data were used in preparing the proposed rule and related analysis. The proposed rule brings current administrative code regarding massage therapy and bodywork therapy into compliance with 2009 Wisconsin Act 355 . No other factual data or analytical methodologies were used.

Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis

This proposed rule was posted on the Department's website for 14 days to solicit comments from small business. No comments were received.

Fiscal Estimate and Economic Impact Analysis

The Fiscal Estimate and Economic Impact Analysis are attached.

Initial Regulatory Flexibility Analysis or Summary

These proposed rules do not have an economic impact on small businesses as defined in s. 227.114 (1) , Stats.

Agency Contact Person

Shawn Leatherwood, Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, Wisconsin 53708; telephone [phone]; email at shancethea.leatherwood@ wisconsin.gov .

STATE OF WISCONSIN DEPARTMENT OF ADMINISTRATION DOA-2049 (R03/2012)	Division of Executive Budget and Finance 101 East Wilson Street, 10th Floor P.O. Box 7864 Madison, WI 53707-7864 FAX: [phone]
ADMINISTRATIVE RULES Fiscal Estimate & Economic Impact Analysis

1. Type of Estimate and Analysis
X Original   Updated   Corrected
2. Administrative Rule Chapter, Title and Number
MTBT 1 to 5
3. Subject
Temporary licensure and continuing education
4. Fund Sources Affected			5. Chapter 20, Stats. Appropriations Affected
⍽ GPR   ⍽ FED   X PRO   ⍽ PRS   ⍽ SEG   ⍽ SEG-S
6. Fiscal Effect of Implementing the Rule
⍽ No Fiscal Effect ⍽ Indeterminate	⍽ Increase Existing Revenues ⍽ Decrease Existing Revenues		⍽ Increase Costs X Could Absorb Within Agency's Budget ⍽ Decrease Cost
7. The Rule Will Impact the Following (Check All That Apply)
⍽ State's Economy ⍽ Local Government Units		⍽ Specific Businesses/Sectors ⍽ Public Utility Rate Payers ⍽ Small Businesses (if checked, complete Attachment A)
8. Would Implementation and Compliance Costs Be Greater Than $20 million? ⍽ Yes   X No
9. Policy Problem Addressed by the Rule
The proposed rule will update current Wis. Admin. Code Chapter MTBT 1 to MTBT 5 pursuant to the passage of 2009 Wisconsin Act 355. The legislation transformed the former Massage and Bodywork Advisory Council into the Massage Therapy and Bodywork Therapy Affiliated Credential board. The legislation also granted the newly created board rule making authority and the authority to issue licenses instead of certificates. The proposed rule updates the language of the current rule by replacing the term department and inserting the term board as well as replacing the term certificate and inserting the term licensure. Furthermore, the proposed rule will define additional terms such as informed consent, intimate parts, and sexually oriented business. Lastly, the proposed rule sets forth the requirements for temporary licensure and continuing education.
10. Summary of the businesses, business sectors, associations representing business, local governmental units, and individuals that may be affected by the proposed rule that were contacted for comments.
This proposed rule was posted on the Department of Safety and Professional Services website and on the state website for 14 business days to solicit comments from the public. No businesses, business sectors, associations representing businesses, local governmental units, or individuals contacted the department about the proposed rule.
11. Identify the local governmental units that participated in the development of this EIA.
No local governmental entities participated in the development of this EIA.
12. Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
This proposed rule will not have an economic or fiscal impact on specific businesses, business sectors, public utility rate payers, local government units or the state's economy as a whole.
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
The major benefit of implementing the proposed rule is making the current rules consistent with 2009 Wisconsin Act 355.
14. Long Range Implications of Implementing the Rule
The proposed rule will provide greater guidance within the profession for licensees, applicants, and local massage therapy schools on the temporary licensure and continuing education requirements.
15. Compare With Approaches Being Used by Federal Government
NA
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota )
Illinois: Illinois regulates massage therapy via the Massage Licensing Act. Ill. Admin. Code tit.68 §1284 (2012) Illinois exempts students from the licensure requirement as long as they are practicing in conjunction with an approved massage school or program. Approved massage therapy schools are required to meet certain criteria including maintaining written programs, written plans of study, written course outlines and student handbooks. Applicants are required to obtain 500 hours of supervised hands-on instruction from an approved massage therapy school. Ill. Admin. Code tit. 68 §1284.20 With regards to continuing education 24 hours are required per biennium. Illinois does not issue a temporary license Iowa: Iowa allows temporary licensure for applicants who hold a current license in other states with less stringent licensure criteria. IAC 131-5 (1) Temporary licensure is valid for one year and may not be renewed. Iowa requires 24 hours of continuing education per biennium. IAC 133.2 (152C)
Michigan: Michigan regulates massage therapy by statute under MCL 333.17591-333.17969 (2012). Administrative rules are pending as of December 19, 2011. 18 hours of continuing education are required by statute. There are no provisions for temporary licensure. The Michigan practice act allows students to practice massage therapy as a part of program of study if they are enrolled in school and under the supervision of a licensed massage therapist. Minnesota: Massage and bodywork therapist are not licensed, certified, or registered in Minnesota. Minnesota maintains general oversight of the practice of massage therapy and bodywork through Minn. Stat. §146A, (2011) The Unlicensed Complementary and Alternative Health Care Practice Act. This act identifies body work, massage, and massage therapy as encompassed within the, "broad domain of complementary and alternative healing methods and treatment".
17. Contact Name				18. Contact Phone Number
Shawn Leatherwood				608-261-4438

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