b. Implementing these standards will also require a water resource management engineer FTE for modeling support and developing tools to measure BMP effectiveness. This position would be expected to become an expert at the different runoff models available such as P8 and SLAMM. This position would give support and training to consultants and other Department staff and would be modeling projects to evaluate the effectiveness of BMPs and give recommendations on BMP technical standards development. This is an ongoing position that would require approximately 2080 hours annually. The salary-related costs associated with this position are (2080 hours x $28.36/hr = $59,000).
c. Implementing these standards will also require a 0.50 FTE water resource management specialist per region for evaluation, guidance, and information and education - or 2.5 FTE statewide. This position would conduct field investigations to evaluation project implementation and give the general public and private consultants guidance, training, and education on the performance standards, BMPs, and technical standards. This ongoing work will require approximately 1040 hours annually per region. The salary-related costs associated with these positions are (1040 hours x $23.29/hr x 5 regions = $121,100).
Ch. NR 152 - Ch. NR 152 has no significant fiscal impact on either state or local governments. The only state fiscal impact is that associated with printing, distribution and information/education activity attendant to distributing the ordinances. It is anticipated that this can be done as part of the workload identified in the fiscal estimate for ch. NR 153. There is no impact to local units of government, as adoption of the ordinance is not required by this rule.
Ch. NR 153 - The Department anticipates increased workload totaling 2.0 FTE and increased annual costs of $112,500 associated with implementing ch. NR 153. The Department expects any local fiscal impacts to be minimal - if any - because the Department will maximize consistency between the administrative requirements of chs. NR 153, 155 and 120. There are a limited number of cases where the ch. NR 153 grant program will be the only way to honor existing grant obligations created under ch. NR 120 for non-county, non-urban grantees such as lake districts. These situations will be given top priority in the scoring system so that the Department can honor those commitments and the local governments can rely on the funding promised in the past.
Ch. NR 154 - Although there may be fiscal impacts associated with implementing the proposed changes to chs. NR 120, 151, and 243 (see related fiscal notes), there are no fiscal impacts to state or local government directly related to ch. NR 154).
Ch. NR 155 - The Department anticipates increased workload totaling 4.0 FTE and increased annual costs of $225,600 associated with implementing ch. NR 155. The Department expects any local fiscal impacts to be minimal - if any - because the Department will maximize consistency between the administrative requirements between chs. NR 153, 155 and 120. The Department has also assured grantees that existing priority watershed grant commitments created under ch. NR 120, and that will now be administered under ch. NR 155, will be given top priority in the scoring system so that the Department can honor those commitments and the local governments can rely on the funding promised in the past.
Ch. NR 216 - There will not be any additional financial costs to either state or local governments to implement the proposed changes to ch. NR 216, except those costs associated with meeting the performance standards of ch. NR 151. Since the additional fiscal impacts to state or local governments are due to implementation of ch. NR 151, the changes proposed to ch. NR 216 are assumed to have no cost to state or local governments. The frequency of reviewing erosion and sediment control plans and storm water management plans will continue at the same frequency. There will be no additional time spent on reviewing plans that will now be required to meet the performance standards under ch. NR 151. Note: See the fiscal estimate for ch. NR 151 for the fiscal effects of implementing the performance standards of ch. NR 151.
Ch. NR 243 -The fiscal impact on DNR will be an increase of 0.8 FTE in workload. This increase is the result of a shift in responsibility for administration of cost-share grants from DATCP to DNR for notices of discharge (NODs). This shift is the result of legislation contained in 1999 Wis. Act 9. The Department will continue to issue NODs to livestock feeding operations with unacceptable practices (practices that impact water quality or fail to comply with statewide performance standards and prohibitions in draft NR 151 Wis. Adm. Code). Cost-sharing is provided to livestock feeding operations who receive NODs to assist them financially in correcting unacceptable practices associated with manure management.
The Department has historically been only responsible for ensuring compliance with the NODs. The Department will now also handle grant administration functions including determining grant eligibility, preparing grants, reviewing grants and grant forms; tracking projects; developing and maintaining policy and procedures; and fiscal management functions including recording contracts, balancing accounts, maintaining files and dispersing funds.
DATCP staff currently handle the workload associated with cost-share grant administration for NODs. DATCP estimates that the decrease in staff workload associated with the shift of this responsibility to DNR is 7% of 10 grant management and policy FTEs and 10% of 1 fiscal management FTE.
Assuming that 7% of 10 FTEs + 10% of 1 FTE will be sufficient to address this workload:
7% x 1820 hrs. x 10 FTEs = 1274 hrs.
10% x 1820 hrs. x 1 FTE = 182 hrs.
Total = 1456 hrs. = 0.8 FTE.
0.8 FTE x $65,000 (salaries, fringe and supplies and services) = $52,000
Some land conservation department staff may elect to assist in the administration of NODs in their county. It is estimated that approximately 1/3 of the counties in the state (24) will decide to participate. NOD activities are further estimated to entail an average of .10 FTE annually, or a total of 2.4 FTE statewide. Based on estimates of $50,000 per county FTE for salaries, fringe benefits and supplies and services, this will total $120,000 annually in local costs.
Notice of Hearings
Natural Resources
(Environmental Protection—General, Chs. NR 100—)
NOTICE IS HEREBY GIVEN that pursuant to ss. 281.665 and 227.11(2)(a), Stats., interpreting s. 281.665, Stats., the Department of Natural Resources will hold a public hearing on the creation of ch. NR 199, Wis. Adm. Code, relating to the municipal flood control and riparian restoration grant program. The grant program provides 70% cost-sharing grants to cities, villages, towns and metropolitan sewerage districts to acquire or floodproof structures, purchase easements, restore riparian areas or construct flood control structures. Applications would be ranked based on avoided flood damages, restoration or protection of natural and beneficial functions of water bodies, use of natural flood storage techniques or environmentally sensitive detention ponds and enhanced recreation opportunities. The proposed rule establishes the eligibility, requirements and procedures for filing applications and awarding grants.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses.
NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.
NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:
March 13, 2001
Tuesday
10:00 a.m.
|
Video conference participation will be available at:
Room 021, GEF #2 Building
101 S. Webster Street
Madison
Room 542, State Office Building
819 North 5th Street
Milwaukee
Room 618, State Office Building
200 North Jefferson Street
Green Bay
Room 139, State Office Building
718 North Clairemont Avenue
Eau Claire
Room B29, State Office Building
3550 Mormon Coulee Road
La Crosse
|
NOTICE IS HEREBY FURTHER GIVEN that 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, Please call Gary Heinrichs at (608) 266-3093 with specific information on your request at least 10 days before the date of the scheduled hearing.
Written comments on the proposed rule may be submitted to Mr. Gary Heinrichs, Bureau of Watershed Management, P.O. Box 7921, Madison, WI 53707 no later than March 23, 2001. Written comments will have the same weight and effect as oral statements presented at the hearing. A copy of the proposed rule [WT 10-01] and fiscal estimate may be obtained from Mr. Heinrichs.
Fiscal Estimate
There is no fiscal impact.
Notice of Hearings
Natural Resources
(Environmental Protection—Remediation, etc.),
Chs. NR 700—)
NOTICE IS HEREBY GIVEN that pursuant to ss. 227.11(2)(a), Stats., interpreting ss. 292.11 and 292.31 and ch. 160, Stats., the Department of Natural Resources will hold a public hearing to revise ss. NR 714.05 and 714.07, Wis. Adm. Code, relating to notification of affected landowners when off-site contamination is detected, and notification to the public when an environmental investigation is required at a leaking underground storage tank site. The proposed rule requires persons who are responsible for hazardous substance discharges to notify affected property owners if the hazardous substance contamination migrates off of the source property onto neighboring properties. The proposed rule also includes the requirement that, for leaking underground storage tank sites, responsible persons are to notify the general public, not just neighboring property owners, whenever a site investigation is required at a site, in addition to providing notice to property owners whose property has been affected by migrating contamination.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses.
NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.
NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:
March 21, 2001
Wednesday
1:00 p.m.
|
Video conference participation will be available at:
Room 021, GEF #2 Building
101 S. Webster Street
Madison
Room 139, State Office Building
718 W. Clairemont Avenue
Eau Claire
Room 618, State Office Building
200 N. Jefferson Street
Green Bay
Room 542, State Office Building
819 North 5th Street
Milwaukee
Lower Level Conference Room
DNR Headquarters
810 W. Maple Street
Spooner
Room 3
DNR Regional Headquarters
107 Sutliff Avenue
Rhinelander
|
NOTICE IS HEREBY FURTHER GIVEN that 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, Please call Terry Evanson at (608) 266-0941 with specific information on your request at least 10 days before the date of the scheduled hearing.
Written comments on the proposed rules may be submitted to Ms. Laurie Egre, Bureau for Remediation and Redevelopment, P.O. Box 7921, Madison, WI 53707 no later than March 30, 2001. Written comments will have the same weight and effect as oral statements presented at the hearing. A copy of the proposed rule [RR 39-00] and fiscal estimate may be obtained from Ms. Egre.
Fiscal Estimate
There is no fiscal impact.
Submission of proposed rules to the legislature
Please check the Bulletin of Proceedings for further information on a particular rule.
Agriculture, Trade and Consumer Protection
(CR 00-145)
Ch. ATCP 11 - Relating to importing bovine animals, goats or cervids from tuberculosis “non-modified accredited" states.
Agriculture, Trade and Consumer Protection
(CR 00-146)
Chs. ATCP 10 and 11 - Relating to the reimbursement of Johne's disease testing costs. It also makes minor technical changes to current equine rules.
Ch. DE 2 - Relating to a system of remediation for applicants who have failed the clinical and laboratory examinations more than 3 times.
Ch. HFS 133 - Relating to home health licensure.
Ch. NR 233 - Relating to the regulation of effluent limitations and pretreatment standards for the pesticide chemicals industry.
Ch. NR 252 - Relating to the regulation of effluent limitations and pretreatment standards for the leather tanning and finishing industry.
Ch. NR 19 - Implementing the department's authority to void local hunting, fishing and trapping ordinances.
Chs. NR 19 and 64 - Relating to ATV, snowmobile, bowhunter and hunter education fees.
Chs. NR 1, 10, 12 and 19 - Relating to deer hunting and the wildlife damage abatement and claims program.
Ch. PSC 167 - Relating to the modification of rules on extended area telephone service.
rules_published
Rules published with this register and final regulatory flexibility analyses
The following administrative rule orders have been adopted and published in the February 28, 2001 Wisconsin Administrative Register. Copies of these rules are sent to subscribers of the complete Wisconsin Administrative Code and also to the subscribers of the specific affected Code.
For subscription information, contact Document Sales at (608) 266-3358.
Agriculture, Trade and Consumer Protection
(
CR 00-104)
An order affecting ch. ATCP 136 relating to reclaiming and recycling refrigerant for mobile air conditioners.
Effective 3-1-01
Summary of final regulatory flexibility analysis
Businesses Affected. The department currently licenses more than 3,100 businesses that service and repair motor vehicle air conditioners and trailer refrigeration equipment. Most of these businesses are small businesses, as defined in s. 227.114(1)(a), Stats.
Business Registration Fee Increase. The proposed amendments increase the annual registration fee from $80 to $120 for each business that repairs or services mobile air conditioners or trailer refrigeration equipment. The division does not expect this $40 per year registration fee increase to have a significant impact on small business.
Sales of Refrigerants—Record-keeping. The proposed rule requires buyers and sellers of refrigerants to keep sales records that clearly identify the legal name and complete address of the buyer and seller. This is a minor change to the current record-keeping requirements. This change should have no impact on small business.
Substitute Refrigerants. The proposed rule expands the definition of "refrigerants" covered by the rule to include all substitute refrigerants. This change clarifies that the rule applies to ozone-depleting substitute refrigerants, as well as substitutes that are not ozone-depleting. This change should have no impact on small business.
The current rule requires businesses to disclose certain information when they replace the existing refrigerant in a motor vehicle air conditioner or trailer refrigeration equipment with a substitute refrigerant. The proposed rule adds a few more disclosures to those already required and requires the business to comply with EPA installation restrictions. These changes should have minimal impact on small business.
The proposed rule prohibits deceptive advertising and sales claims for substitute refrigerants. A seller may not claim that a refrigerant is an effective substitute for an ozone-depleting refrigerant, if that claim is not true. This change should have no impact on small business.
Flexibility. Small businesses continue to have flexibility under the current rule and the proposed amendments. Auto repair businesses are not required to service or repair mobile air conditioners or trailer refrigeration equipment. In fact, many auto repair businesses do not service air conditioners or refrigeration equipment themselves. Rather, they contract out repairs related to refrigerant recovery, recycling and recharging air conditioners or refer customers to businesses registered to perform these kinds of repairs.
No comments were received.
Athletic Trainers Affiliated Credentialing Board
(
CR 00-131)
An order to create chs. AT 1 to 5 relating to the licensure and regulation of athletic trainers.
Effective 3-1-01
Summary of final regulatory flexibility analysis
These rules will have no significant economic impact on a substantial number of small businesses, as defined in s. 227.114 (1) (a), Stats.
