Register 546B: Rule-Making Notices (Hearing Notices)

Wisconsin Administrative Register No. 546, 6/30/2001

Rule-making notices

Notice of Hearing

Department of Commerce

(Financial Resources for Business & Communities, Chs. Comm Chs. 105 - 128)

NOTICE IS HEREBY GIVEN that pursuant to ss. 560.02 (4) and 560.032, Stats., the Department of Commerce will hold a public hearing on an emergency rule and a proposed permanent rule relating to allocation of volume cap on tax-exempt private activity bonds.

The public hearing will be held as follows:

Date and Time: Location:

Monday, July 16, 2001 Rm 3B, Thompson Commerce Ctr

10:00 a.m. 201 W. Washington Avenue

Madison

Interested persons are invited to appear at the hearing and present comments on the emergency rule and proposed permanent rule. 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 July 20, 2001, 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 Richard Meyer, Department of Commerce, P.O. Box 2689, Madison, WI 53701-2689. Comments may also be forwarded electronically via E-mail to Richard Meyer at rmeyer@commerce.state.wi.us.

This hearing is 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 request by a person with a disability.

Analysis of Proposed Rules

Statutory authority: ss. 560.02 (4) and 560.032, Stats.

Statute interpreted: s. 560.032, Stats.

Pursuant to section 560.032, Stats., the Department of Commerce is responsible for administering the allocation of volume cap on tax-exempt private activity bonds. The proposed rule has been adopted as an emergency rule to incorporate into the administrative code recent changes to the Internal Revenue Code which increase state volume cap limits on tax-exempt private activity bonds. The year 2000 limit in the Internal Revenue Code was $50 per resident of the state. For the year 2001 the limit has been raised to $62.50; for the 2002 the limit will be $75.00; and thereafter the limit will be indexed to inflation. The rule outlines the distribution of the volume cap[ between the State Building Commission, the Wisconsin Housing and Economic Development Authority, and the Department of Commerce. The current rules are also being revised to provide an allocation process that will allow the Department of Commerce to be more responsive to the needs of businesses as changes occur in the state's economy.

Initial Regulatory Flexibility Fiscal Estimate

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

The proposed rules are not expected to have any impact on small businesses except for businesses located within the state that desire to obtain the economic benefit of industrial revenue bond financing using the volume cap allocated by the Department of Commerce.

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

No special reporting, bookkeeping or other procedures are required for compliance with the rules.

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

No professional skills are necessary for compliance with the rules.

This rule incorporates recent changes in the federal internal revenue code, which increases the state volume cap limits on tax-exempt private activity bonds, outlines the distribution of volume cap between the Building Commission, WHEDA and Commerce and revises the allocation process.

The rule eliminates the application fee and increases the bond-closing fee to cover the administration costs. The Department of Commerce anticipates that this rule will generate approximately $144,000 in PR funds from the bond-closing fee to offset the administration of the program.

Copies of the emergency rule and proposed permanent rule may be obtained without cost from Ronald Acker, Department of Commerce, P.O. Box 2689, Madison, WI 53701-2689, Email racker@commerce.state.wi.us, telephone (608) 267-7907 or (608) 264-8777 (TTY). Copies will also be available at the public hearing.

Notice of Hearings

Natural Resources

(Fish, Game, etc., Chs. NR 1—)

[CR 01 - 066]

NOTICE IS HEREBY GIVEN that pursuant to ss. 29.014, 29.041, 29.197 and 227.11 (2) (a), Stats., interpreting ss. 29.014, 29.041 and 29.197, Stats., the Department of Natural Resources will hold public hearings on revisions to ch. NR 10, Wis. Adm. Code, relating to the 2001 migratory game bird seasons. The proposed regulations include:

Ducks – The state is divided into two zones each with 60-day seasons beginning at noon September 29 and continuing through November 27. The daily bag limit in both zones is 6 ducks, including 4 mallards, of which only one may be a hen, and one canvasback for the entire 60 days.

Canada geese – The state is apportioned into 3 goose hunting zones: Horicon, Collins and Exterior. Other special goose management subzones within the Exterior Zone include Brown County, Burnett County, Rock Prairie and the Mississippi River. Season lengths are: Collins Zone – 73 days; Horicon Zone – 94 days; Exterior Zone – 94 days; and Mississippi River Subzone – 80 days. The Burnett County subzone is closed to Canada goose hunting.

Youth waterfowl hunt – A daily bag limit for Canada goose during the 2-day youth waterfowl hunt is created.

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:

August 6, 2001 County Admin. Ctr, 400 N. 4th Street, Monday La Crosse

at 7:00 p.m.

August 7, 2001 Conference Rm 1, DNR Service Center, Tuesday 107 Sutliff Ave., Rhinelander

at 7:00 p.m.

August 8, 2001 Room 310, Green Bay City Hall, 100 N. Wednesday Jefferson Street, Green Bay

at 7:00 p.m.

August 9, 2001 Comfort Suites, Hwy. J & I-94, Pewaukee

Thursday at 7:00 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 Jon Bergquist at (608) 266-8841 with specific information on your request at least 10 days before the date of the scheduled hearing.

Fiscal Estimate

There is no fiscal impact anticipated from this proposed rule.

Written comments on the proposed rule may be submitted to Mr. Jon Bergquist, Bureau of Wildlife Management, P.O. Box 7921, Madison, WI 53707 no later than August 10, 2001. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rule [WM-21-01] and fiscal estimate may be obtained from Mr. Bergquist.

Notice of Hearings

Natural Resources

(Environmental Protection - Water Regulation, Chs. NR 300—)

[CR 01 - 054]

NOTICE IS HEREBY GIVEN that pursuant to s. 227.11 (2) (a), Stats., interpreting ss. 30.01 (6e), 30.13 (1m), 30.12, 30.133 (1) and 30.134 (5), Stats., the Department of Natural Resources will hold public hearings on revisions to s. NR 326.03 and the creation of ss. NR 326.08 and 326.09, Wis. Adm. Code, relating to the regulation of swim rafts and the definition of “impoundment" and “similar conveyance". The proposed rule creates a definition for the term “impoundment" because this term is not defined in the statutes. Section 30.134, Stats., gives individuals engaged in water-related recreational activities the right to use the shore up to the ordinary high water mark on streams. This right does not exist on lakes and impoundments. Section NR 326.09 is created to state that the boundaries of the pool of an impoundment shall be determined at normal summer water levels.

The proposed rule also creates a definition for the term “similar conveyance". Section 30.133, Stats., prohibits the conveyance of riparian rights by easement or similar conveyance. It seems unlikely that the Legislature intended to prohibit thousands of short-term leases of riparian space such as occurs at marinas. The proposed definition clarifies that any conveyance of riparian rights by lease may not exceed 2 years.

The proposed rule creates s. NR 326.08 for the regulation of swim rafts. Swim rafts are exempt from permit requirements provided the swim raft does not interfere with public rights in navigable waters, the rights of other riparians and is placed within 200 feet of shore. As swim rafts increase in size, they affect the general public's right to use near-shore waters and potentially harm the near-shore aquatic environment by shading aquatic vegetation. The proposed rule subjects swim rafts in excess of 100 square feet to the permit requirements of s. 30.12, Stats.

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 hearings will be held on:

July 17, 2001 Circuit Courtroom, Sawyer Co.
Tuesday Courthouse, 10610 Main Street, Hayward at 4:00 p.m.

July 23, 2001 Board Room, Minocqua Community
Monday Building, 415 Menomonie St., Minocqua
at 4:00 p.m.

July 27, 2001 Rm 027, GEF 2 Bldg, 101 S. Webster St., Friday 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 Dan Helsel at (608) 266-2997 with specific information on your request at least 10 days before the date of the scheduled hearing.

Fiscal Estimate

The Department expects that requiring a ch. 30 permit for swim rafts exceeding 100 sq. ft. will generate additional permit fee revenue that will be deposited to the water regulation and zoning fees program revenue appropriation. The department estimates that it will authorize approximately 25 new “swim raft" permits per year at $300 per permit -- or $7500 annually. Because the fees are set to correspond with the number of hours anticipated to be spent on the permitting process, the department expects that the fee revenue will be sufficient to cover the costs of the permitting process, and the additional workload will be absorbed by existing staff. Additionally, any increase in enforcement workload will be absorbed by existing staff. The department anticipates no fiscal impact associated with defining “similar conveyance" or “impoundment".

Written comments on the proposed rule may be submitted to Mr. Dan Helsel, Bureau of Fisheries Management and Habitat Protection, P.O. Box 7921, Madison, WI 53707 no later than July 31, 2001. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rule [FH-19-01] and fiscal estimate may be obtained from Mr. Helsel.

Notice of Hearings

Natural Resources

(Environmental Protection - Water Supply, Chs. NR 800—)

[CR 01 - 067]

NOTICE IS HEREBY GIVEN that pursuant to ss. 280.11 and 281.17 (8), Stats., interpreting ss. 280.11 and 281.17 (8), Stats., the Department of Natural Resources will hold public hearings on revisions to ch. NR 809, Wis. Adm. Code, relating to safe drinking water standards for radionuclides. The final radionuclide rule published the U.S. Environmental Protection Agency establishes a new Maximum Contaminant Level (MCL) for uranium, and amends monitoring requirements for radionuclides while keeping the current MCL for combined radium 226 plus radium 228. This rule will affect all community water systems (about 1150 systems) statewide. With repromulgation of the radionuclide rule, the Department must now revise our rules to match the revisions U.S. EPA made to the federal regulations for drinking water.

The department is interested in having rules in place in time to allow all affected water systems to collect one combined radium sample from each entry point in the next 18 months. The Department can use the results of samples collected prior to December 8, 2003 to determine initial compliance. In most cases, this will eliminate quarterly monitoring required in the federal rule revisions. The Department does not desire to begin enforcement on the radium standard until new entry point monitoring is completed (as required under the new revisions).

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 hearings will be held on:

July 11, 2001 Video conference participation will be
Wednesday available at:

2:00 p.m. Rm 021, GEF 2 Bldg., 101 S. Webster Street,
Madison

Rm 139, State Office Building, 718 W.
Clairemont Ave., Eau Claire

Rm 618, State Office Building, 200 N.
Jefferson St., Green Bay

Rm B29, State Office Building,
3550 Mormon Coulee Road, La Crosse

Rm 542, State Office Building, 819 N. 6th
Street, Milwaukee

Rm 3, DNR Regional Headquarters,
107 Sutliff Avenue, Rhinelander

July 12, 2001 Video conference participation available at:

Thursday Rm 021, GEF 2 Bldg., 101 S. Webster St,
9:00 a.m. Madison

Rm 139, State Office Bldg., 718 W. Clairemont
Ave., Eau Claire

Rm 618, State Office Bldg., 200 N. Jefferson
St., Green Bay

Rm B29, State Office Bldg., 3550 Mormon
Coulee Road, La Crosse

Rm 542, State Office Bldg., 819 N. 6th St.,
Milwaukee

Rm 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 Don Swailes at (608) 266-7093 with specific information on your request at least 10 days before the date of the scheduled hearing.

Fiscal Estimate

Meeting the requirements of the new rule will have some fiscal impact on the state, but more significant impacts on the regulated community. The state will realize increased costs for information collection, recordkeeping and reporting. USEPA estimates that states will incur an average of 115 hours of additional work per year for the first 3 years of implementation at approximately $38.50 per hour. Total labor cost is estimated at $4427.00 per year for three years.

Public water systems are expected to incur an average of an additional 6 hours per year at a cost of $29.50 per hour. Total labor cost is estimated at $177.00 annually. Therefore all community water systems (1150) will incur an estimated additional cost of $177.00 annually. However, the 530 other than municipal (OTM) systems are not included in the cost totals for purposes of this fiscal note. OTM systems are privately owned systems, e.g., those for condominiums, subdivisions, or mobile homes. This fiscal note is intended to total the estimated state and local government costs, as opposed to costs to private industry. The estimated local government fiscal impact is therefore: 1150 systems - 530 OTM systems = 620 systems x $177.00 = $109,740. (OTM costs are estimated at 530 x $177.00 = $93,810.)

In addition, about 50 systems will begin quarterly monitoring for radium for one year at a cost of $800.00 annually ($200.00/quarter/system.) Therefore the total estimated annual monitoring cost is $40,000.00.

The gross alpha analysis is used as a screening test, and will include alpha-emitting uranium isotopes. Approximately 110 systems that have exceeded the gross alpha standard of 14 pCi/L will have to monitor for uranium (approx. $48.00/sample). Of these systems, 31 are OTM systems and not included in this fiscal estimate total; therefore the local government fiscal impact is estimated at 110 - 31 = 79 x $48.00 = $3792.00. (OTM costs are estimated at 31 x $48.00 = $1488.00)

One-Time Capital Costs

Following the initial monitoring period, systems that exceed a radionuclide standard will be required to take corrective action to reduce levels below the MCLs. Capital costs for installing treatment will vary according to system size. Based on plan and specifications approved by the Department, capital costs for treatment are estimated as follows:

System Size Population

Small 25 - 3300

Med 3301 - 50,000

Large >50,000

Estimated Cap. Costs

$10,000 - $100,000

$500,000 - $2,000,000

$10,000,000 - $25,000,000

Currently, there are 43 small systems that exceed the radium standard (however, 14 of these are OTM systems and therefore not included in the fiscal estimate total), 5 small systems that exceed the uranium standard, 17 medium systems that exceed the radium standard, and 2 large systems that exceed the radium standard. Total capital costs for treatment at these systems are estimated to vary from $28.8 million to $86.9 million as shown below:

System Size # Systems Total Estimated Cost

Small 29 $290,000 - $ 2,900,000

Med 17 $8,500,000 - $34,000,000

Large 2 $20,000,000 - $50,000,000

Totals 62 $28,790,000 - $86,90,000

(The range of capital costs for OTMs is estimated at $140,000 to $1,400,000).

For most systems (those with low levels of radionuclides,), monitoring costs will be reduced by extending the sampling period from once every 4 years to once every 9 years. (e.g. Typical cost for a system will drop from $12.50/yr to $5.50/yr.)

Written comments on the proposed rule may be submitted by mail to Mr. Don Swailes, Bureau of Drinking Water and Groundwater, P.O. Box 7921, Madison, WI 53707 or by FAX to Mr. Swailes at (608) 267-7650 no later than July 13, 2001. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rule [DG-26-01] and fiscal estimate may be obtained from Mr. Swailes.

Notice of Hearing

Regulation and Licensing

[CR 01-068]

NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Department of Regulation and Licensing in ss. 227.11 (2), 440.07 and 449.17, Stats., and interpreting s. 449.17, Stats., the Department of Regulation and Licensing will hold a public hearing at the time and place indicated below to consider an order to repeal s. RL 10.04 (2) (b) (intro.); to renumber s. RL 10.04 (2) (b) 2.; to renumber and amend s. RL 10.04 (2) (b) 1.; and to amend ss. RL 10.03, 10.04 (2) (a) and the Note following s. RL 10.04 (3), relating to certification of optometrists to use diagnostic pharmaceutical agents.

Hearing Date, Time and Location

Date: July 13, 2001

Time: 10:15 a.m.

Location: 1400 East Washington Avenue

Room 179A

Madison, Wisconsin

Appearances at the Hearing:

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 Regulation and Licensing, Office of Administrative Rules, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by August 1, 2001, to be included in the record of rule-making proceedings.

Analysis prepared by the Department of Regulation and Licensing.

Statutes authorizing promulgation: ss. 227.11 (2), 440.07 and 449.17.

Statute interpreted: s. 449.17

In this proposed rule-making order, the Department of Regulation and Licensing amends ch. RL 10, relating to the certification of optometrists to use diagnostic pharmaceutical agents.

The Note following s. RL 10.01 (1), is being amended to reflect the renumbering of ch. 161, Stats., to ch. 961, Stats.

Section RL 10.03 states, in part, that an application for a certificate shall be granted or denied within 15 business days after receipt of a completed application. The rule is being amended to omit this provision because the department has adopted a standard rule that specifies the number of business days within which the department must review and make a determination on an application. s. 440.03 (1m), Stats., s. RL 4.03, Wis. Adm. Code.

Section RL 10.04 (2), provides that in order to obtain a DPA certificate, an optometrist must submit evidence to the department showing that the optometrist has successfully completed one of the examinations identified in pars. (a) and (b). Depending upon when an application is filed with the department, before or after April 1, 1994, applicants must submit evidence of successful completion of the pharmacology examination administered prior to 1994 by the National Board of Examiners in Optometry; parts I and II of the examination administered after 1986 by the National Board of Examiners in Optometry or an examination approved by the Department of Regulation and Licensing and the Optometry Examining Board. The rule is being amended to delete the references to the April 1, 1994 date because the references are no longer applicable.

Text of Rule

SECTION 1. The Note following RL 10.01 (10) is amended to read:

Note: Section 161.39 961.39, Stats., contains certain limitations relating to the prescribing and administering of controlled substances by optometrists certified under section 449.18, Stats.

SECTION 2. RL 10.03 is amended to read:

RL 10.03 Statement of approval required. A licensed optometrist may not use diagnostic pharmaceutical agents in the practice of optometry unless the optometrist has completed an application form and received a DPA certificate from the department. An application for a certificate shall be granted or denied within 15 business days after receipt of a completed application. A licensed optometrist may not use therapeutic pharmaceutical agents in the practice of optometry unless the optometrist has completed an application form, met the requirements under s. 449.18, Stats., and received a TPA certificate from the optometry examining board.

SECTION 3. RL 10.04 (2) (a) is amended to read:

RL 10.04 (2) (a) If application was made to the department prior to or on April 1, 1994, obtained Obtained a score of not less than 75 on the pharmacology section of the examination administered prior to 1994 by the national board of examiners in optometry.

SECTION 4. RL 10.04 (2) (b) (intro.) is repealed.

SECTION 5. RL 10.04 (2) (b) 1. is renumbered RL 10.04 (2) (b) and amended to read:

RL 10.04 (2) (b) Obtained passing scores on parts I and II of the examination administered after 1986 by the national board of examiners in optometry; or.

SECTION 6. RL 10.04 (2) (b) 2. is renumbered RL 10.04 (2) (c).

SECTION 7. The Note following RL 10.04 (3) is amended to read:

Note: The department of regulation and licensing does not administer the pharmacology examination. The required score of “not less than 75" relates only to the pharmacology section of the national examination. Therefore, if all sections of the national examination are were taken at once, the 75 score minimum applies only to the pharmacology section and not to the other sections of the examination.

Fiscal Estimate

1. The anticipated fiscal effect on the fiscal liability and revenues of any local unit of government of the proposed rule is: $0.00.

2. The projected anticipated state fiscal effect during the current biennium of the proposed rule is: $0.00.

3. The projected net annualized fiscal impact on state funds of the proposed rule is: $0.00.

Initial Flexibility Analysis

These proposed rules will be reviewed by the department through its Small Business Review Advisory Committee to determine whether there will be an economic impact on a substantial number of small businesses, as defined in s. 227.114 (1) (a), Stats.

Copies of Rule and Contact Person

Copies of this proposed rule are available without cost upon request to: Pamela Haack, Department of Regulation and Licensing, Office of Administrative Rules, 1400 East Washington Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708 (608) 266-0495.