NOTICE IS HEREBY GIVEN that pursuant to ss. 145.245, Stats., the Department of Commerce will hold a public hearing on proposed rules relating to Private Sewage System Replacement or Rehabilitation Grant Program.

The public hearing will be held as follows:

Tuesday August 3, 2004

9:30 a.m.

TG Thompson Commerce Center

201 W. Washington Ave., Conf. Rm. 3C

Madison, WI

Interested persons are invited to appear at the hearing and present comments on the proposed rules. Persons making oral presentations are requested to submit their comments in writing. Persons submitting comments will not receive individual responses. The hearing record on this proposed rulemaking will remain open until August 10, 2004, to permit submittal of written comments from persons who are unable to attend the hearing or who wish to supplement testimony offered at the hearing. Written comments should be submitted to the following individual:

Jean M. MacCubbin, Department of Commerce

Safety & Buildings Division

P.O. Box 2658

Madison, WI 53701-2658

E –mail: jmaccubbin@commerce.state.wi.us.

Hearings are held in accessible facilities. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call (608) 266-8741 or (608) 264-8777 (TTY) at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audio tape format will, to the fullest extent possible, be made available upon a request from a person with a disability.

Statutory authority: ss. 101.02 (1), 101.63 (1), 101.73 (2), and 145.02 (3) and (4), Stats.;

Statutes interpreted:   ss. 145.02 (4), 145.2045, 145.135, 145.19, 145.20, 145.245 (7) (c) and (e), and 145.245 (8) (e), Stats.

Under s. 145.02, Stats., the Department of Commerce (Commerce) has the responsibility of safeguarding public health and the waters of the state relative to the construction, installation and maintenance of plumbing. One mechanism of Commerce to fulfill this responsibility has been the promulgation of the state plumbing code, chapters Comm 81 to 87.

Under s. 145.245 (7) (c), Stats., Commerce shall revise the grant awards tables when it determines that 60% of current costs of private onsite wastewater treatment system (POWTS), rehabilitation or replacement exceeds the amount in the grant award tables by more than 10%, except that Commerce may not revise the grant award tables more often than once every two years. These tables were last revised in February 1999.

Under s. 145.245 (7) (e), Stats., Commerce shall promulgate rules that shall specify how the department will select, monitor and allocate the state share for experimental private onsite wastewater treatment systems that the Department funds under this chapter. Up to 10% of the annual funds shall be available for allocation for experimental POWTS, including monitoring of these systems.

The proposed revisions include minor changes to chapter Comm 87, private sewage system replacement or rehabilitation grant program. Since the last update of this chapter was undertaken in 1999, statutory changes and technical revisions to chapter Comm 83, POWTS became effective.

A summary of the significant rule revisions in chapter Comm 87 is as follows:

• The recommended increases in the maximum allowable financial assistance amounts, Tables 87.30-1 to 87.30-6, are based upon the average costs of those types of systems that received grant awards in FY 02, 03 and 04. The increases bring the amount allowed to the 60% approximate average costs in accordance with section 145.245 (7) (c), Stats. The table titles are amended to align with the technologies and methods now contained in chapter Comm 83.

• The definition of private sewage system was changed to POWTS to reflect current chapter Comm 83.

• Section Comm 87.20 is amended to clarify that the date of the system installation, not the age of the structure is a factor used in determining eligibility. Also section Comm 87.20 (4) was repealed and recreated to better clarify financial assistance amounts pertaining to existing systems installed for existing and replacement structures.

• Section Comm 87.60 is proposed to be repealed. The information on this section is proposed to be recreated in sections Comm 87.04 and 87.05 to better separate annual applications by governmental units to the department and applications by governmental units to participate in the program.

The rule revision also includes authority granted in the Wisconsin State Statues as created by 2003 Act 169, relating to the use of holding tank costs when using the least costly method in determining grant awards.

An internet-based search regarding any Federal Regulations relating to a similar grant or loan program resulted in Title 40--Protection of Environment, Chapter I--Environmental Protection Agency Part 35--State and Local Assistance Sec. 35.001 Applicability. Subpart A--Environmental Program Grants. From the information available, it has been determined that these grant programs (40 CFR part 35-36) only apply at the municipal level and not for the homeowner or small business owner as in chapter Comm 87.

An internet-based search for comparing similar rules in the four surrounding states resulted in the following: Michigan has a similar program, the Strategic Water Quality Initiatives Fund, which is solely a loan, not a grant, program. This fund has been available since November 2002 and to date no counties have shown interest in participation. An Illinois state revolving fund loan program, Water Pollution Control Revolving Fund, has been in effect since 1987. These loans are for municipalities and appear to be related to municipally-owned wastewater treatment facilities. In searching for comparable programs in the states of Iowa and Minnesota; no related funding programs (grants or loans) were found.

The proposed rule revisions were developed with the assistance of the 9-member Wisconsin Fund Advisory Code Council.

Notice is hereby given that the Department has considered the environmental impact of the proposed rules. In accordance with chapter Comm 1, the proposed rules are a Type III action. A Type III action normally does not have the potential to cause significant environmental effects and normally does not involve unresolved conflicts in the use of available resources. The Department has reviewed these rules and finds no reason to believe that any unusual conditions exist. At this time, the Department has issued this notice to serve as a finding of no significant impact.

1. Types of small businesses that will be affected by the rules.

Individuals or businesses so qualified to conduct POWTS inspections and maintenance may undertake maintenance of newly installed systems that receive financial assistance under the scope of this chapter.

2. Reporting, bookkeeping and other procedures required for compliance with the rules.

The proposed rules have no additional reporting or bookkeeping requirements, with the exception of possible inspection and maintenance reports.

3. Types of professional skills necessary for compliance with the rules.

No new skills are required. Maintenance, inspection and servicing events will continue to be performed as they are currently performed by an existing pool of credentialled individuals.

This rule proposal regarding the Wisconsin Fund Program would have no fiscal effect on state and local government because it would not substantially change administrative procedures of this program.

The proposed rules and an analysis of the proposed rules are available on the Internet at the Safety and Buildings Division web site at
http://commerce.wi.gov/SB/SB-HomePage.html.

Paper copies may be obtained without cost from Roberta Ward, at the Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689, or Email at rward@commerce.state.wi.us, or at telephone (608) 266-8741 or (608) 264-8777 (TTY). Copies will also be available at the public hearing.

NOTICE IS HEREBY GIVEN that pursuant to sections 101.02 (1) and 101.128 (2) (b) of the statutes, the Department of Commerce will hold a public hearing on proposed rules for chapter Comm 91, relating to equal speed of access to toilets at facilities where the public congregates.

The public hearing will be held as follows:

Friday, July 30, 2004, commencing at 9:30 a.m.

Location:

Thompson Commerce Center, Third Floor, Room 3B

201 West Washington Avenue

Madison, Wisconsin

Interested persons are invited to appear at the hearing and present comments on the proposed rules. Persons making oral presentations are requested to submit their comments in writing. Persons submitting comments will not receive individual responses. The hearing record on this proposed rulemaking will remain open until August 2, 2004, to permit submittal of written comments from persons who are unable to attend the hearing or who wish to supplement testimony offered at the hearing. Written comments should be sent by e-mail to srockweiler@commerce.state.wi.us. If e-mail submittal is not possible, written comments may be addressed to Sam Rockweiler, Department of Commerce, Division of Environmental and Regulatory Services, P.O. Box 14427, Madison, WI 53708-0427.

This hearing will be held in an accessible facility. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call (608) 266-8741 or (608) 264-8777 (TTY) at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audio tape format will, to the fullest extent possible, be made available upon a request from a person with a disability.

Statutory Authority: ss. 101.02 (1) and (15) and 101.128 (2), Stats.

Statutes Interpreted: ss. 101.02 (1) and (15) and 101.128, Stats.

Under ss. 101.02 (1) and (15) of the statutes, the Department has authority to protect public health, safety, and welfare, at public buildings and places of employment, by promulgating and enforcing requirements for construction and maintenance of those facilities.

Under section 101.128 (1) (b) of the statutes, a “facility where the public congregates" is defined as having a general capacity or a seating capacity of 500 or more people. Under section 101.128 (2) (b) of the statutes, the Department must establish standards at these facilities, for ensuring that females have a speed of access to toilets which equals the speed of access that males have.

For public buildings, and for other structures and places of employment with public seating, the Department has established these standards in chapters Comm 61 to 65, which is the Wisconsin Commercial Building Code, and in chapter Comm 90, which addresses public swimming pools and other water attractions.

The proposed rules would establish standards for facilities where the public congregates that are not addressed by the minimum number of plumbing fixtures required in chapters Comm 61 to 65, or 90. The proposed rules would not apply to any of these facilities that currently exist, unless either of the following occur: (1) new restrooms or other new toilet facilities are proposed, in which case the rules would apply only to the new restrooms or other new toilet facilities; or (2) more than 50% of the square footage of an existing restroom or other existing toilet facility is renovated, in which case the rules would apply only to the renovated portion.

The proposed ratio of two female toilets for every male toilet and every urinal is identical to the ratio that is contained in the Wisconsin Commercial Building Code, and is consistent with current national-level building code standards, which have been upgraded in recent years to achieve equal speed of access to toilets, particularly where large numbers of the public congregate.

An Internet-based search of existing and proposed federal regulations did not identify any that address equal speed of access to toilets.

An Internet-based search of adjacent states identified only Minnesota as having statewide rules that specify a ratio of female restroom facilities to male restroom facilities, at public gathering places which are similar to those addressed by the rules proposed here for Wisconsin. The Minnesota rules specify that the ratio of water closets for women to the total of water closets and urinals provided for men must be at least three to two, unless there are two or fewer fixtures for men; and this ratio is applied to places of public accommodation that are designed for occupancy by 200 or more people.

Notice is hereby given that the Department has considered the environmental impact of the proposed rules. In accordance with chapter Comm 1, the proposed rules are a Type III action. A Type III action normally does not have the potential to cause significant environmental effects and normally does not involve unresolved conflicts in the use of available resources. The Department has reviewed these rules and finds no reason to believe that any unusual conditions exist. At this time, the Department has issued this notice to serve as a finding of no significant impact.

1. Types of small businesses that will be affected by the rules.

Owners or operators of amusement or theme parks; or open arenas for rallies, concerts, exhibits or other assemblies, which are not addressed by the minimum plumbing-fixture requirements in either the Wisconsin Commercial Building Code or the Department's rules for public swimming pools and other water attractions.

2. Reporting, bookkeeping and other procedures required for compliance with the rules.

No significant reporting, bookkeeping or other similar procedures are expected.

3. Types of professional skills necessary for compliance with the rules.

None known.