Register

NOTICE IS HEREBY GIVEN that pursuant to ss. 23.09 (2) (h), 26.35, 28.07 and 227.11 (2), Stats., interpreting ss. 26.35 and 28.07, Stats., the Department of Natural Resources will hold public hearings on the repeal and recreation of s. NR 1.212 (1) and (2), Wis. Adm. Code, relating to private forestry priorities for assistance and amendment of s. NR 1.213 (3) (b) and (d), Wis. Adm. Code, relating to the cooperating forester program.

Section NR 1.212 provides guidance in setting priorities followed by DNR foresters when scheduling fieldwork with over 10,000 private landowners annually. The rule is necessary because demand for assistance far exceeds available staff time. The revised rule establishes initial management guidance to landowners, timber harvest advice, referrals to cooperating private foresters for timber harvest marking, forestry incentives program administration, and landowner education among the highest priorities. Less emphasis would be placed on providing complex or detailed services that may be available from private enterprise or on practices that are not mandatory under the forest tax programs. These changes are designed to make more efficient use of DNR staff time and to integrate state forestry services more closely with assistance available from private enterprise and other groups in order to serve as many landowners as practical.

In addition to providing private forestry assistance through DNR staff, the Department promotes services of private and industrial foresters to landowners seeking help. Commercial foresters who apply and agree to follow the management guidelines and minimum training requirements of the Cooperating Forester Program are included. Currently, cooperators agree to follow DNR forestry standards only on work coming directly from DNR referrals, with a possibility of lower standards elsewhere. The rule will also raise the minimum continuing forestry education requirement for cooperators from 6 to 10 hours per year in an additional effort to improve quality.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., the proposed rule may have an impact on small businesses. The initial regulatory flexibility analysis is as follows:

a. Types of small businesses affected: Private consulting foresters and industrial foresters

b. Description of reporting and bookkeeping procedures required: No new requirements

c. Description of professional skills required: No new skills. However, cooperating foresters are required to apply DNR approved silviculture guidelines in all their work. Participation in the cooperating forestry program is entirely voluntary.

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 hearings will be held on:

April 11, 2001 Wednesday	Pinery Room Portage County Library 1001 Main Street Stevens Point   at 1:00 p.m.
April 12, 2001 Thursday	Large Conference Room DNR Headquarters 1300 Clairemont Avenue Eau Claire   at 10:00 a.m.
April 19, 2001 Thursday	Large Conference Room DNR Headquarters 1125 N. Military Avenue Green Bay   at 1:00 p.m.

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 Paul Pingrey at [phone] 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 Mr. Paul Pingrey, Bureau of Forestry, P.O. Box 7921, Madison, WI 53707 no later than April 27, 2001. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rules [FR-11-01] and fiscal estimate may be obtained from Mr. Pingrey.

Fiscal Estimate

There is no fiscal impact. The changes in work priorities will only redistribute available staff hours among services, not add services or costs. Regarding the Cooperating Forester Program, participants receive no remuneration and pay no fees.

Notice of Hearings

Natural Resources

(Fish, Game, etc., Chs. NR 1—)

[CR 01-07]

NOTICE IS HEREBY GIVEN that pursuant to ss. 30.505, 30.62 (2) (d) 2. and 3., 30.79 (2m) and 227.11 (2) (a), Stats., interpreting ss. 30.50 (2), 30.62 (2) (b), 30.635, 30.69, 30.77 and 30.79 (5), Stats., the Department of Natural Resources will hold public hearings on revisions to ss. NR 5.001, 5.125, 5.15 and 50.13, Wis. Adm. Code, relating to boating safety and enforcement. The proposed rule creates a definition for “boat" to include motorized fishing rafts which will then require the rafts to be licensed. This definition is consistent with federal law. Definitions are also being created for “public access" for the purpose of motorboat prohibitions on lakes 50 acres or less and “water skis, aquaplane or similar device" to include the technological advancements in the sport.

The proposed rule also adds another procedure for motorboat noise testing, creates a set of standards for local boating ordinances and clarifies the requirements that set a 40% cap on a municipal boat patrol's administrative expenses.

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 hearings will be held on:

April 24, 2001 Tuesday	Room 222 UW-Marathon Center 518 7th Avenue Wausau   at 10:00 a.m.
April 24, 2001 Tuesday	Large Conference Room DNR Headquarters 1125 N. Military Avenue Green Bay   at 3:00 p.m.
April 25, 2001 Wednesday	225 NW, State Capitol Madison   at 10:00 a.m.

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 John Lacenski at [phone] 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. John Lacenski, Bureau of Law Enforcement, P.O. Box 7921, Madison, WI 53707 no later than May 4, 2001. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rule [LE-01-01] and fiscal estimate may be obtained from Mr. Lacenski.

Fiscal Estimate

There will be no net change in FTE hours or expenditure of new funds for these rule revisions. The change will only be in terms of method of enforcement tactic used and definition of terms within said rules. Wardens will use existing equipment and existing hours to enforce these rules.

Notice of Hearings

Natural Resources

(Fish, Game, etc., Chs. NR 1—)

[CR 01-11]

NOTICE IS HEREBY GIVEN that pursuant to ss. 23.09 (2) (intro.), 23.11 (1), 23.28 (3), 27.01 (2) (j) and 227.11 (2) (a), Stats., interpreting ss. 23.09 (2) (intro.), 23.28 (3), 27.01 (2) (I) and (j) and 28.03, Stats., the Department of Natural Resources will hold public hearings on the creation of s. NR 1.33 and revisions to ch. NR 45, Wis. Adm. Code, relating to public use of department lands. The proposed rule includes a policy of the Natural Resources Board on rock climbing expressing general recognition for rock climbing as an appropriate outdoor recreational activity on most Department properties. Proposed changes to ch. NR 45 give the Department authority to regulate climbing activities, including the potential for requiring a climbing permit.

The proposed rule also contains provisions to:

1. Allow the department to issue citations for use or possession of drug paraphernalia.

2. Prohibit paint-ball activities on department lands.

3. Allow the Department, by posted notice, to restrict the use of centerfire and rimfire rifles, handguns or shotguns with slugs on the Nevin Springs fish and wildlife area.

4. Prohibit jumping or diving into the St. Croix River off the cliffs at Interstate state park.

5. Prohibit fishing in designated beach areas.

6. Regulate bicycle usage and camping at the Willow Flowage scenic waters area.

7. Prohibit pets in the indoor group camps and place a minimum 2-day restriction on group camp reservations on weekends at the Black River state forest.

8. Allow unleashed dogs in designated pet swim areas.

9. Clarify other existing rules.

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 hearings will be held on:

April 24, 2001 Tuesday	Room 222 UW-Marathon Center 518 7th Avenue Wausau   at 11:00 a.m.
April 24, 2001 Tuesday	Large Conference Room DNR Headquarters 1125 N. Military Avenue Green Bay   at 4:00 p.m.
April 25, 2001 Wednesday	225 NW, State Capitol Madison   at 11:00 a.m.

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 Kathryn Fitzgerald at [phone] 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 Ms. Kathryn Fitzgerald, Bureau of Facilities and Lands, P.O. Box 7921, Madison, WI 53707 no later than May 4, 2001. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rule [LF-04-01] and fiscal estimate may be obtained from Ms. Fitzgerald.

Fiscal Estimate

There is no significant fiscal impact. Most of the provisions in ch. NR 45 which are being created or amended are activities which are either an integral part of the day-to-day work of existing staff or would be incorporated into work activities. The only provisions that would have slight positive fiscal impacts are those being proposed related to defining vehicle fee areas at Black River Forest and clarifying that the fee exemption for Peninsula State Park golf course parking lot only applies to golfers and clubhouse patrons. The exact amount of revenue generated from these changes would be difficult to quantify and would be so insignificant that it has been included as “0" on the fiscal estimate worksheet. Correspondingly, any costs are likely to be insignificant and would likewise be difficult to estimate accurately.

Notice of Hearing

Natural Resources

(Environmental Protection - Remediation,
Chs. NR 700—)

NOTICE IS HEREBY GIVEN that pursuant to ss. 227.11 (2) and 227.24, Stats., interpreting s. 292.15 (2) (ae), Stats., the Department of Natural Resources will hold a public hearing on Natural Resources Board Emergency Order No. RR-13-01 (E) pertaining to environmental insurance requirements for liability exemptions for voluntary remediation. This emergency order took effect on March 6, 2001. The statute directed the Department to promulgate rules to describe the requirements that must be met by a voluntary party seeking a Certificate of Completion where natural attenuation is employed as the remedial action. The statute includes a provision where the Department may require a voluntary party to obtain environmental insurance if the voluntary party wants to receive a Certificate of Completion before the groundwater enforcement standards are met through natural attenuation. This rule requires that all voluntary parties who apply for the liability exemption under this section obtain environmental insurance to cover the cost to clean up the environment is natural attenuation fails.

NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:

April 16, 2001 Monday

Room 611A, GEF #2 101 South Webster Street Madison   at 1:00 p.m.

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 Michael Prager at [phone] with specific information on your request at least 10 days before the date of the scheduled hearing.

Written comments on the emergency rule may be submitted to Mr. Michael Prager, Bureau of Remediation and Redevelopment, P.O. Box 7921, Madison, WI 53707 no later than April 20, 2001. Written comments will have the same weight and effect as oral statements presented at the hearing. A copy of the emergency rule may be obtained from Mr. Prager.

Fiscal Estimate

The department does not anticipate significant fiscal impacts from this rule. Parties seeking this optional liability exemption will be required to pay a one-time insurance fee to the department for insurance coverage. The department will then submit this fee to the contracted insurance underwriter to pay the insurance premiums required under the state's master insurance contract. As a result, we anticipate no net impact from this rule on the state. This rule is optional for parties who choose to conduct a voluntary cleanup and seek the voluntary party liability exemption using natural attenuation, where groundwater enforcement standards are being exceeded.

Notice of Hearing

Public Service Commission

[CR 01-33]

Hearing Date:   Tuesday, May 1, 2001 - 10 a.m.

Hearing Location:   Amnicon Falls Hearing Room - 1st Floor, Public Service Commission, 610 North Whitney Way, Madison, WI

Comments Due:   Friday, May 11, 2001 - Noon

FAX Due:   Thursday, May 10, 2001 – Noon

Address Comments To: Lynda L. Dorr, Secretary to the Commission, Public Service Commission, P.O. Box 7854, Madison, WI 53707-7854, FAX [phone]

The Commission proposes to amend Wis. Admin. Code ch. PSC 185 relating to Standards for Water Public Utility Service.

Analysis Prepared by the Public Service Commission of Wisconsin

Statutory authority: ss. 196.02 (3), 196.03, 196.16 (2) and 227.11 (2).

Statutes interpreted: ss. 196.02 (3), 196.03 (1) and 196.16 (2).

A hearing in this matter was originally held on December 5, 2000. However, while notice of that hearing was provided to all Wisconsin water utilities, the notice inadvertently was not published in the Wisconsin Administrative Register. To meet the statutory requirement of publication – and to allow interested parties the opportunity to comment on changes made as a result of the first hearing – a second hearing is being set for Tuesday, May 1, 2001 at 10:00 a.m. Persons who participated in the December 5, 2000 hearing may wish to submit written comments in lieu of attending the May 1, 2001 hearing.

The primary objectives of the proposed rule revisions are to update the water code for consistency with customer service provisions in the other utility industries, to clarify language and citations and to better reflect current technology and industry practice. Following is the analyses of the specific proposals. After these analyses are the instructions for the literal changes to the code.

SECTION 1. PSC 185.22 is amended for clarity and rewritten to maintain consistency with recent changes to PSC 113 of the electric code.

SECTION 2. PSC 185.33 (10) (a) is amended to limit the maximum monthly late charge rate from 1½ % to 1 % to comply with Wis. Stat. 138.05 (1) (a), and to be consistent with PSC 113 of the electric code.

SECTION 3. PSC 185.33 (13) (b) is amended to clarify that both a customer and a utility read of the water meter constitutes an actual read.

SECTION 4. PSC 185.33 (18) (c) is renumbered PSC 185.33 (18) (d).

SECTION 5. PSC 185.33 (18) (c) is created to allow a utility to request a signed application for residential service and verification of the identity and residency of an applicant for water service.

SECTION 6. PSC 185.361 (4) (b) is amended to change the time period consistent with SECTION 13. PSC 185.37 (11) (a) where the utility may not disconnect service until 10 days after the customer was noticed by the utility of the pending disconnection.

PSC 185.37 is concerned with the disconnection of water service and several parts of this rule have been reorganized and updated to be consistent with PSC 113 of the electric code.

SECTION 7. PSC 185.37 (1) (b) is amended to change the time period consistent with SECTION 13. PSC 185.37 (11) (a) where the utility may not disconnect service until 10 days after the customer was noticed by the utility of the pending disconnection.

SECTION 8. PSC 185.37 (1m) is created so that the utility may transfer past due utility bills of “jointly-metered property" (rental property) to the account of the property owner.

SECTION 9. PSC 185.37 (2) (am) is created so the utility can disconnect or refuse service to a customer who is delinquent on water service and tries to transfer service to a new account holder while the delinquent customer still resides within the household.

SECTION 10. PSC 185.37 (2) (e) and PSC 185.37 (2) (l) are amended to clarify the existing rule and to allow the utility to disconnect or refuse service to an applicant for service when the applicant does not provide the information set out in PSC 185.33 (18) (a), (b), and (c).

SECTION 11. PSC 185.37 (8) (h) is amended to clarify and expand utility requirements when a heat advisory, heat warning, or heat emergency has been issued.

SECTION 12. PSC 185.37 (8m) is created to clarify extenuating circumstances that utilities must consider before disconnecting a customer.

SECTION 13. PSC 185.37 (9) and (11) (a) are amended to clarify disconnection during the heating season and to change the time spans concerning disconnection and notices.

SECTION 14. PSC 185.38 (4m) is created to be consistent with ch. PSC 113 of the electric code and clarify utility responsibilities in handling deferred payment agreements.

SECTION 15. PSC 185.39 (2) (c) is amended to maintain consistency with ch. PSC 113 of the electric code. It clarifies expectations for utility response time involving complaints before the Commission.

SECTION 16.   PSC 185.75 (5) is amended to eliminate the requirement to test water meters upon removal. The replacement language protects the customer who is in a meter accuracy dispute by requiring the utility removing the old meter to test it for accuracy.

SECTION 17. PSC 185.76 (6) is created to provide flexibility for qualifying utilities to adopt a metering program that recognizes technological change and local water quality as it relates to meter life cycle costing.