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Reorganizes the structure of chapter 51 to incorporate new programs and local government programs.
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Implements statutory changes that identify priorities and expand the purposes for which nonprofit conservation organizations can receive grants. Makes minor revisions to improve grant administration.
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Makes minor revisions to bring the natural areas program in line with statutory changes.
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Establishes the administrative framework for the new bluff protection program. Defines “bluff" and sets program priorities.
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Makes minor revisions in the habitat areas and fisheries program to bring the program in line with statutory changes and improve grant administration.
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Establishes the administrative framework for acquisition of property by the department and nonprofit conservation organizations to preserve wild lakes. Defines “wild lake."
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Makes minor revisions to the stream bank program to bring the program in line with statutory changes.
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Makes minor revisions to the state trails program to improve grant administration.
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Implements a statutory change that makes nonprofit conservation organizations eligible for grants for state property development. Revises grant priorities and makes minor revisions to improve administration of the state property development grant program.
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Establishes the administrative framework and sets priorities for the new Baraboo Hills subprogram.
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Clarifies and streamlines the administration of local assistance grants to governmental units.
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Clarifies and streamlines the administration of the local park aids, urban green space, and urban rivers grant programs which provide grant funds for governmental units and nonprofit conservation organizations. Implements statutory changes that require that all grants issued under these programs be for nature-based outdoor recreation. Lists eligible nature-based projects and sets grant priorities. Also implements a statutory change that allows “shoreline enhancements" to be funded under the urban rivers program and provides a list of typical shorelines enhancements that will qualify for the program.
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Establishes the administrative framework for the new acquisition of development rights program that provides grant funds to local governments and nonprofit conservation organizations. Sets priorities and identifies other factors that will be considered in awarding grants.
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Makes minor revisions to improve administration of the Heritage state park and forest trust program.
Publication Date:
September 1, 2000
Effective Date:
September 1, 2000
Expiration Date:
See section 9136 (10g), 1999 Wis. Act 9
Hearing Dates:
November 1 & 2, 2000
2. Rules adopted revising ch. NR 47, relating to the federal cost sharing program to suppress gypsy moths.
Finding of Emergency
An emergency rule is necessary in order to make the cost shared gypsy moth suppression program available for aerial treatments in May 2001. Given the survival of caterpillars this summer, the department expects that populations of gypsy moth will be high enough in some localities in 2001 to necessitate suppression to protect tree health. In order to offer participation in the aerial treatment project and cost sharing from the U.S. Forest Service, it is necessary that preparatory work be done this fall and winter to define treatment blocks. When gypsy moth outbreaks occur, the public typically becomes concerned and looks for ways to reduce the population of gypsy moth to tolerable levels. Treatments to kill large numbers of the pest can be expensive, at times damaging to our native insects and other animals, or even dangerous to the landowner and others when pesticides are not used according to directions. The Department organized suppression program will provide the public with a safe, effective and affordable means to prevent damage to their trees.
Publication Date:
November 10, 2000
Effective Date:
November 10, 2000
Expiration Date:
April 9, 2001
Hearing Date:
January 17, 2001
3. Rules adopted revising ch. NR 6 relating to defining unreasonable and improper speed to include operating a snowmobile at speeds greater than 50 MPH during the hours of darkness.
Finding of Emergency
During the 1999-2000 snowmobile season conservation wardens investigated 38 fatal snowmobile accidents. Of these accidents, 10 deaths could be directly attributed to operation at excessive speed during the hours of darkness. Fourteen other deaths could have been avoided if the operators had observed more prudent speeds, allowing them to avoid nighttime hazards. Potentially 24 of the 38 fatalities could have been avoided if the snowmobiler had been operating at slower speeds during the hours of darkness. Unless an immediate change is made in the snowmobile laws similar number of avoidable fatalities will occur during the 2000-2001 snowmobile season. Even greater numbers could occur if the early snows seen in November of 2000 remain, thereby extending the snowmobile season beyond that experienced in 1999-2000.
Publication Date:
December 15, 2000
Effective Date:
December 15, 2000
Expiration Date:
May 14, 2001
Hearing Date:
January 17, 2001
Public Service Commission (2)
1. Rules adopted creating s. PSC 2.06, relating to procedures for the confidential treatment of records.
Exemption from finding of emergency
At the direction of the Joint Committee for Review of Administrative Rules under s. 227.26 (2) (b), Stats., the Commission adopts a rule to create s. PSC 2.06, Wis. Adm. Code, relating to procedures for the confidential treatment of records.
Analysis by the Public Service Commission
Statutory authority: ss. 196.02(1) and (3), 227.11, 227.24 and 227.26, Stats.
Statutes interpreted: ss. 196.14, 196.72 and 196.795 (9), Stats.
On August 15, 2000, the Commission voted to promulgate administrative rules on requests for confidential handling of documents filed with the Commission. On September 20, 2000, the Joint Committee for Review of Administrative Rules directed the Commission to adopt a rule on the subject under s. 227.26 (2) (b), Stats. This rule creates a process for obtaining a designation of confidential status. Under the rule, a determination on whether information shall be treated confidentially shall be made at the time the information is given to the Commission. Under previous Commission procedures, if a person filing a document sought confidential treatment of information in the document, the filer could do so by identifying the grounds under which confidentiality could be granted. The Commission would accept the filing, but the acceptance did not constitute a determination that public access to the information would not be permitted. The Commission would determine if confidential status should be granted when a request for that information was made by another person.
Under this rule, a person who wishes the Commission to keep confidential information in the possession of the Commission, or requested by the Commission, must make an application for confidential status. The application must identify the information for which confidential treatment is sought and identify the authority under which confidential status should be granted. Within 21 days after receiving an application, the Commission may seek additional information from the applicant, if needed, to make a confidentiality determination. The applicant must respond within 30 days to the information request.
The Commission will make a determination on a confidentiality request within 30 days of receiving the additional information or within 30 days of the filing of the application if no additional information is needed. The determination will specify what, if any, information is given confidential treatment and the basis for that determination.
The Commission will give the applicant written notice of its determination. The Commission shall post all determinations regarding confidentiality on its website and may give other appropriate notice. If an applicant is authorized to file information confidentially in the context of a Commission proceeding, the applicant shall serve a copy of the determination on all persons listed on the service list for that proceeding.
Publication Date:
October 23, 2000
Effective Date:
October 23, 2000
Expiration Date:
March 22, 2001
Extension Through:
May 20, 2001
2. Rules adopted amending s. PSC 116.06 (1) and (2), relating to the triggering mechanism and the period of time in which fuel costs are estimated for purposes of seeking an emergency or extraordinary rate increase under s. PSC 116.06.
Finding of Emergency
In order to preserve the health, safety, and welfare of Wisconsin residential, commercial and industrial ratepayers it is necessary to amend s. PSC 116.06 (1) and (2), which would allow the Commission to grant a rate increase to an applicable Class A electric public utility based on estimated fuel cost for the year in which it is reasonably anticipated that the rate increase would go into effect. In granting the rate change the Commission must find, after a hearing confined solely to fuel costs, that the utility is eligible to seek an emergency or extraordinary rate increase under the current rule, an emergency or extraordinary increase in the cost of fuel exists, and the fuel cost increase will affect the utility's average yearly fuel costs for the year in which it is reasonably anticipated that the rate increase would go into effect so as to fall outside the established annual range for that year. This change would assist in implementing the rule at a time of volatile fuel costs.
Publication Date:
December 28, 2000
Effective Date:
December 28, 2000
Expiration Date:
May 27, 2001
Hearing Date:
January 23, 2001
Tobacco Control Board
Rules adopted creating ch. TCB 1, relating to the administration and awarding of grants for tobacco control and establishing criteria for recipients of the grants.
Finding of Emergency
The Wisconsin Tobacco Control Board finds that an emergency exists and that a rule is necessary for the immediate preservation of the health, safety and welfare of Wisconsin residents, particularly youth and current smokers. A statement of the facts constituting the emergency is as follows:
The health and fiscal impact of tobacco use are well documented. In Wisconsin alone, 7,800 deaths occur each year from tobacco-related disease. In addition, Wisconsin government, residents and health care providers pay over $1.3 billion annually for health care costs associated with tobacco use.
While tobacco's effects are in individuals' futures, immediate action is required to reverse the recent trend toward rising youth addiction and resulting long-term negative health effects of tobacco use. According to the Centers for Disease Control and Prevention, over 3,000 youths begin smoking every day in the United States. In Wisconsin alone, there has been a 19 percent increase in high school tobacco use since 1993, with over 38 percent of high school youth smoking a cigarette in the last month. This increase in youth tobacco use is particularly threatening since over 90 percent of current smokers began smoking before the age of 18. Of the current 1 million smokers in Wisconsin, half will die from tobacco-related diseases such as emphysema, lung cancer, heart disease and stroke.
In addition, tobacco use among specific populations continues to present an ongoing threat to the health of Wisconsin citizens. Wisconsin has a rate of tobacco use among pregnant women that is 30 percent higher than the national average. In addition, the national smoking rate among African-American youth doubled from 14 percent in 1993 to 28 percent in 1997. Finally, the 48% smoking rate of Medicaid recipients is twice the rate of the general population.
The ongoing and emerging health impacts and costs associated with tobacco use necessitate the immediate implementation of the comprehensive initiative to address tobacco use in Wisconsin.
The Board, through this order, is creating chapter TCB 1 relating to the Board's administering and awarding grants for tobacco control and establishing criteria for recipients of the grants. The rule is being promulgated under the authority of s. 255.15 (1m), Stats., for the purpose of establishing criteria, procedures, requirements and conditions for the award of project grants from the appropriation under s. 20.436 (1) (tc), Stats., to organizations that operate or propose to operate programs reducing tobacco use by preventing tobacco use, promoting tobacco use cessation and eliminating environmental tobacco smoke.
Publication Date:
November 7, 2000
Effective Date:
November 7, 2000
Expiration Date:
April 6, 2001
Hearing Date:
January 10, 2001
Scope statements
Commerce
Subject
A revision to chs. Comm 2, 34 and 90 relating to fees, amusement rides, and design and construction of public swimming pools.
Objectives of the Rule. The objectives of this rule revision, to be incorporated into one or more rule packages, are to:
a) combine the administrative rules regarding waterslides into the public swimming pool code to better serve the citizens and visitors of the State;
b) provide a better system of public swimming pool, waterslide and water park inspection in coordination with the Department of Health and Family Services (DHFS);
c) result in clearly understood codes that reflect the application of sound practices relating to health and safety to employees and pool customers.
Policy analysis
Description of existing policies relevant to the rule and of new policies proposed to be included in the rule and an analysis of policy alternatives.
a) Existing policies. The current policy includes a provision that waterslides are subject to inspection by the department at least annually. Commerce conducts plan review for all public swimming pools, whirlpools and waterparks. Current staffing levels and workloads do not allow inspection of the construction of these public pools by Commerce. Public pools must have operating plans including life guard location. These operating plans are reviewed by DHFS and the implementation is reviewed in the pool's annual licensing inspection. Staffing requirements for waterslides are enforced by Commerce amusement ride and water slide inspectors. Currently both departments travel throughout the state allocating staffing resources to conduct annual inspections on waterslides and pools, respectively.
b) New policies. Commerce would conduct public pool construction inspections prior to DHFS conducting operational inspections required for the permitting of public swimming pools and water slides. Commerce would cease conducting annual inspections of waterslides as amusement rides and would rely on such inspections being made by DHFS public swimming pool inspectors.
The new policies would also:
i. create a process for the department (and its agents) to conduct initial construction-related inspections of all public swimming pools;
ii. implement a fee schedule for initial and subsequent inspections for public swimming pool construction;
iii. transfer administrative rules regarding waterslides from the Amusement Ride code (Comm 34) to the Public Swimming Pool code (Comm 90).
c) Policy alternatives. The alternative of not revising these codes will result in the following:
i. the continuance of the current situation whereby DHFS field staff have an inability to write orders on construction-related deficiencies that may be discovered at the time of their permitting inspections for public swimming pools;
ii. the continuance of redundant inspections of waterslides on an annual basis by Commerce and DHFS that have impacts on the department's capacity to conduct other health and safety-related investigations.
