CR_13-064 Amends sections A-E 13.08 (4) and 13.09, relating to comity renewal applicants.

Section 145.13 , Stats.: "Adoption of plumbing code. The state plumbing code and amendments to that code as adopted by the department have the effect of law in the form of standards statewide in application and shall apply to all types of buildings, private or public, rural or urban, including buildings owned by the state or any political subdivision thereof. The state plumbing code shall comply with ch. 160 (Wisc. Stats.). All plumbing installations shall so far as practicable be made to conform to such code."

Related statute or rule

Chs. SPS 381 to 387 and SPS 391 .

Plain language analysis

SECTION 1. This section mirrors the three specific definitions of lead-free in the SWDA, specifically relating to solders and flux, fixtures and components, and calculation of weighted average.

SECTION 2. This section creates a Note, which provides additional resources for calculating weighted average.

SECTIONS 3., 4. and 5. These two sections are revisions to tables listing the adoption of NSF standards reflecting the SWDA provisions. The Note reflects the more recent NSF standard adopted.

SECTIONS 6. and 7. The text of these sections is amended to reflect the use of the updated standards.

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

The U.S. Safe Drinking Water Act amendments of 2011 [SDWA, 42 USC 300g-6 ] becomes effective January 4, 2014, in which water service piping, piping materials and fixtures must be "lead-free". This Act updates the definition for "lead-free" and adopts by reference two national standards, ANSI/NSF-61 and ANSI/NSF 372 reflecting the revisions to the SDWA. Most importantly, this Act provided a 3-year enactment period for manufacturers, suppliers and users to become educated and comply with the rule revisions and allow for the use of new materials meeting the standard to be ready for sale by the effective date.

Comparison with rules in adjacent states

An Internet-based search of the four adjoining states revealed the following:

Illinois: The Illinois public health code was searched for conformity to the SDWA revisions regarding EPA lead reduction rule; the definition of lead-free has not changed nor has the state adopted the most recent edition of the NSF 61 standard, drinking water system components. No pending legislation was found. [Title 77: public health code, chapter I, subchapter r, part 890 Illinois Plumbing Code]

Iowa: The Iowa state plumbing code has adopted the UPC — Uniform Plumbing Code, 2009 edition [Ch. 25 , State Plumbing Code]. The Internet-based search did not find any changes or proposed changes, to date, reflecting the definition of lead-free, and the calculation of lead-free in materials and fixtures, or the adoption of the most recent edition of the NSF 61 standard, drinking water system components.

Michigan: In the Michigan state plumbing code, 605.3 water service pipe, water service pipe must conform to NSF 61 standard, although such an edition does not, to date, reflect the EPA lead-free definition or the calculation of lead-free in piping materials and fixtures based in sec. 1417 of the SDWA. No pending legislation or proposed rule revisions were found on this issue. [Part 7. Plumbing code, r 408.30701 applicable code. Rule 701].

Minnesota: The Minnesota plumbing code, updated Oct. 31, 2012, adopts NSF 61 standard, but an edition prior to the lead-free definition and calculation of lead reduction in the recent revisions to sec. 1417 of the SDWA. No pending legislation or proposed rule revisions were found on this issue. [Chapters 4715 and 4716].

Summary of factual data and analytical methodologies

No factual data or analytical methods were used. The proposed revisions reflect only U.S. EPA 2011 amendments to the SDWA, which is expected to be enforced at the federal level.

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

This rule-making project will not impose any additional impact on small business above or beyond what is required by the federal government.

Fiscal Estimate and Economic Impact Analysis

The Fiscal Estimate and Economic Impact Analysis is attached.

Effect on Small Business

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].

Agency Contact Person

Jean MacCubbin, Program Manager, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, Wisconsin 53708-8935; telephone [phone]; email at [e-mail] .

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
Chs. SPS 381 to 384, State Plumbing Code
3. Subject
EPA Lead Reduction Rule, US EPA Safe Drinking Water Act (SDWA) of 2011
4. Fund Sources Affected			5. Chapter 20, Stats. Appropriations Affected
⍽ GPR   ⍽ FED   X PRO   ⍽ PRS   ⍽ SEG   ⍽ SEG-S			s. 20.165 (2) (j)
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
No policy is being addressed through this rule revision. The purpose of the rule is to update definition of "lead-free" and incorporate by reference national standards consistent with US EPA Safe Drinking Water Act (SDWA) revisions of January 2011, which restricts permissible levels of lead in drinking water components and provides manufacturers and distributors a protocol to assure compliance.
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.
Local water purveyors, product manufacturers and distributors, plumbing designers and inspectors.
11. Identify the local governmental units that participated in the development of this EIA.
None known.
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 federal rule was enacted in January 2011 with a three-year enactment date; manufacturers of pipes and pipe fittings and fixtures sold nation-wide have been noticed that covered products will be required to meet this rule.
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
Pipes and pipe fittings and fixtures sold in Wisconsin will meet the requirements of s. 1417 (d) (2) of the SDWA of 2011, thereby reducing the leaching of lead from various materials used in water service into the drinking water.
14. Long Range Implications of Implementing the Rule
These products are intended to restrict permissible levels of lead in drinking water.
15. Compare With Approaches Being Used by Federal Government
This rule revision is in response to a federal rule, revisions to the SDWA of 2011.
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota )
An Internet-based search found no pending legislation for the four adjacent states: Illinois, Iowa, Michigan and Minnesota.
17. Contact Name				18. Contact Phone Number
Jean MacCubbin				[phone]

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

Notice of Hearing

Safety and Professional Services —
Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors

CR 13-064

NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors in ss.15.08 (5) (b), 227.11 (2) (a), and 443.015, Wis. Stats., and interpreting s. 443.015 , Wis. Stats., the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors will hold a public hearing at the time and place indicated below to consider an order to amend ss. A-E 13.08 (4) and 13.09 , relating to comity renewal applicants.

Hearing Information

Date:   August 29, 2013
Time:   10:00 a.m.
Location:   1400 East Washington Avenue
  Room 121A
  Madison, Wisconsin

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 date 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, 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 [e-mail] . Comments must be received on or before August 29, 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 443.015 , Stats.

Statutory authority

Sections 15.08 (5) (b) , 227.11 (2) (a) , 443.015 , Stats.

Explanation of agency authority

Examining boards are generally empowered by the legislature pursuant to ss. 15.08 (5) (b) , and 227.11 (2) (a) , to promulgate rules that govern their profession. The Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors have been specifically empowered by s. 443.015 , Stats., to promulgate rules regarding continuing education requirements for renewal of a credential. Therefore, the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors is authorized both generally and specifically to promulgate these proposed rules.

Related statute or rule

Wis. Admin. Code ss. A-E 13.03 (1) and A-E 13.09 .

Plain language analysis

The proposed rule seeks to revise ch. A-E 13 to insure comity applicants are treated the same as newly registered engineers. Comity applicants are applicants from another state who apply for registration to practice professional engineering in Wisconsin. As of now, the rule requires comity applicants to compete 30 professional development hours of qualifying continuing education during the first two years prior to licensure while regularly in-state applicants are not required to do so. The proposed rule will also address retired engineers. Retired engineers seeking a waiver from the continuing education requirement are eligible for the waiver if they have not performed any engineering services nor received remuneration for services rendered.

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

None.

Comparison with rules in adjacent states

Illinois: Illinois grants licensure by endorsement for applicants who are licensed in other states. 225 ILCS 325/19. There are no specific professional development hours required for endorsement applicants. Illinois does not grant a waiver for retired professional engineers.

Iowa: Iowa grants licensure by comity. 193C IAC 4.2 (542B). Comity applicants are judged on the applicants' record of education, references, experiences and completion of exams. 193C IAC 4.2 (2). The administrative rules are silent on whether comity applicants are required to fulfill their renewal by way of continuing education requirements or professional development hour requirements.

Waivers may be granted by written request. Hardship or extenuating circumstances are considered before granting a waiver. There are no specific waiver requirements for retired engineers.193C IAC 7.7 (542B, 272C).

Michigan: Michigan grants licensure by reciprocity for out-of-state applicants. Mich. Admin. Code R339.16025. The statutes and administrative rules are silent on whether reciprocity applicants are required to fulfill their renewal by way of continuing education requirements or professional development hour requirements.

Minnesota: Minnesota grants licensure by comity. Minn. R. 1800.0800. Comity applicants that are licensed or certified in another state, may meet continuing education requirements, without completing the entire renewal form, if the other state of which the comity applicant is coming from is listed by the Minnesota board as having continuing education requirements acceptable to the Minnesota board and the license or certificate holder, "certifies in the appropriate section [on the form] that all continuing education and licensing or certification requirements for that state, province, or district have been met." Minn. Stat. § 326.107 Subd. 5.

Summary of factual data and analytical methodologies

Drafting of these proposed rules was initiated by the Engineering Section of the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors as a result of a review of the current rules. No other factual data or analytical methodologies were used in drafting these proposed rules.

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.

Agency Contact Person

Shawn Leatherwood, 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 [e-mail] .

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
ss. A-E 13.08 (4) and 13.09
3. Subject
Comity
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
The proposed rule seeks to amend s. A-E 13.09 to insure out-of-state comity applicants are treated the same as in-state renewal applicants when applying for renewal of credentials. Currently, in-state first time renewal applicants are not required to complete the 30 PDH hours for continuing education during their first renewal. The proposed rule will alleviate comity applicants from fulfilling the 30 PDH continuing education hours during their first renewal period as well. The proposed rule will also address retired engineers. Retired engineers seeking a waiver from the continuing education requirements are eligible for the waiver if they are retired from the active practice of engineering and have not received any remuneration for services rendered.
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)
The Department anticipates that his proposed 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
Applicants applying by comity will be relieved from the time and expense of obtaining the 30 PDHs within their first biennium.
14. Long Range Implications of Implementing the Rule
This proposed rule will result in consistency in the treatment of comity applicants and in-state renewal applicants.
15. Compare With Approaches Being Used by Federal Government
N/A
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota )
Illinois: Illinois grants licensure by endorsement for applicants who are licensed in other states. 225 ILCS 325/19. There are no specific professional development hours required for endorsement applicants. Illinois does not grant a waiver for retired professional engineers. Iowa: Iowa grants licensure by comity. 193C IAC 4.2 (542B). Comity applicants are judged on the applicants' record of education, references, experiences and completion of exams. 193C IAC 4.2 (2). The administrative rules are silent on whether comity applicants are required to fulfill their renewal by way of continuing education requirements or professional development hour requirements. Waivers may be granted by written request. Hardship or extenuating circumstances are considered before granting a waiver. There are no specific waiver requirements for retired engineers.193C IAC 7.7 (542B, 272C). Michigan: Michigan grants licensure by reciprocity for out-of-state applicants. Mich. Admin. Code R339.16025. The statutes and administrative rules are silent on whether reciprocity applicants are required to fulfill their renewal by way of continuing education requirements or professional development hour requirements. There are no specific provisions regarding granting waivers for retired engineers. Minnesota: Minnesota grants licensure by comity. Minn. R. 1800.0800. Comity applicants that are licensed or certified in another state, may meet continuing education requirements, without completing the entire renewal form, if the other state of which the comity applicant is coming from is listed by the Minnesota board as having continuing education requirements acceptable to the Minnesota board and the license or certificate holder, "certifies in the appropriate section [on the form] that all continuing education and licensing or certification requirements for that state, province, or district have been met." Minn. Stat. § 326.107 Subd. 5. There are no specific provisions regarding granting waivers for retired engineers.
17. Contact Name				18. Contact Phone Number

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