Rule-making notices
Notice of Hearing
Administration
NOTICE IS HEREBY GIVEN that pursuant to ss.
16.004 (1),
16.969 (2) and
227.11 (2) (a), Stats., and interpreting s.
16.969, Stats., the Department of Administration will hold a public hearing to consider the creation of Chapter
Adm 46, Wis. Adm. Code, relating to High-Voltage Transmission Line Fees.
Hearing Date, Time and Location
Date: Monday, July 30, 2001
Time: 1:00 p.m.
Location: Room 136
Administration Building
101 East Wilson Street, 1st Floor
Madison, WI 53702
The hearing is being held in an accessible facility. Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are also urged to submit facts, opinions and arguments in writing as well. Written comments from persons unable to attend the public hearing, or who wish to supplement testimony offered at the hearings, should be directed to: Donna Sorenson, Department of Administration, P.O. Box 7864, Madison, WI 53707-7864. Written comments must be received by August 10, 2001, to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Administration
Statute interpreted: s.
16.969
Under
1999 Wisconsin Act 9, the Legislature required persons receiving a Certificate of Public Convenience and Necessity from the Public Service Commission for a high voltage transmission line designed for operation at a nominal voltage of 345 kilovolts or more, to pay to the Department of Administration an annual impact fee and a one time environmental impact fee. The Department of Administration is required to develop rules to collect those fees based on a statutory formula, and distribute them to the cities, towns, villages or counties as identified by the Public Service Commission, through which the high voltage transmission lines are routed. The distribution is allocated by the Public Service Commission according to the amount of investment associated with the high voltage transmission line to each such city, town, village and county. The rule will establish payment schedules and procedures as well as the means for distributing the fees collected to the appropriate county, town village or city.
Text of Rule
SECTION 1: Adm 46 is created to read.
High-Voltage Transmission Line Fee
Adm 46.01 Authority. Sections
16.004 (1), and
16.969 (2), Stats., authorize the department to promulgate rules for payment of annual and one-time environmental impact fees by persons issued a certificate for construction of high-voltage transmission lines.
Adm 46.02 Purpose. The purpose of this chapter is to establish a process for billing, collecting and distributing annual and one-time environmental impact fees to be paid to the department by persons issued a certificate by the commission for the construction of high voltage transmission lines.
Adm 46.03 Definitions. In this chapter:
(1) “Certificate" means a certificate of public convenience and necessity issued under
s.
196.491 (3) (a) Stats.
(2) “Commission" means the public service commission.
(3) “Department" means the department of administration.
(4) “Eligible municipality" means a county, town, village or city through which a high-voltage transmission line is routed, as identified by the commission under s.196.491 (3) (gm), Stats.
(5) “High-voltage transmission line" has the meaning given in s.
16.969 (1) (b) Stats.
(6) “Person" includes all individuals, partnerships, associations, limited liability companies and bodies politic or corporate.
Adm 46.04 Annual impact fee. (1)
Assessment. (a) Within 60 days of receipt from the commission of the determination of the cost of construction for a high-voltage transmission line, identification of eligible municipalities, and allocation of the associated amount of investment, as required by s.
196.491 (3) (gm), Stats., the department shall invoice the annual impact fee to the person issued a certificate. The amount invoiced shall be equal to 0.3 % of the cost of the high-voltage transmission line as determined by the commission under s.
196.491 (3) (gm), Stats. The department shall prorate the annual impact fee in the initial year of assessment based upon the proportion of the year remaining after the date the certificate is issued.
(b) The department shall adjust any subsequent annual impact fees as necessary upon receipt from the commission of adjusted costs of construction after completion of the construction of a high-voltage transmission line.
(2) Initial year invoice and payment. In the initial year of assessment, the department shall invoice the person issued a certificate no more than 60 days after the commission transmits the required information to the department under sub. (1) (a). Payment of the fee in the initial year of assessment shall be due 45 days after the date the invoice was mailed by the department.
(3)
Subsequent year invoice and payment. On or before March 1 in each calendar year after the initial year of assessment, the department shall invoice a person issued a certificate in an amount equal to 0.3 % of the cost of the high-voltage transmission line as determined by the commission under s.
196.491 (3) (gm), Stats. Payment of the fee in subsequent years shall be due on or before May 1 of each year.
Adm 46.05 One-time environmental impact fee. A person issued a certificate shall pay a one-time environmental impact fee in the amount of 5 % of the cost of a high-voltage transmission line, as determined by the commission under s.
196.491 (3) (gm), Stats. The department shall invoice this fee no more than 60 days after the commission transmits the required information to the department under s.
Adm 46.04. Payment of the fee shall be due 60 days after receipt of the invoice.
Adm 46.06 Distribution of fees. (1)
Annual impact fees. No more than 60 days after receipt of the fee under s.
Adm 46.04, the department shall distribute the fee to each town, village and city that is an eligible municipality in proportion to the amount of investment allocated to each eligible municipality by the commission under s.
196.491 (3) (gm), Stats.
(2)
One-time environmental impact fee. No more than 60 days after receipt of the fee under s.
Adm 46.05, the department shall distribute 50 % of the fee to each county that is an eligible municipality, and 50% of the fee to each town, village and city that is an eligible municipality, in proportion to the amount of investment allocated to each by the commission under s.
196.491 (3) (gm) Stats.
Adm 46.07 Late payments. Annual impact fee payments received by the department more than 45 days after the date the invoice is mailed in the initial year of assessment, or after May 1 in subsequent years, shall be assessed interest at a rate, and in the same manner, as required by the commission for customer deposits for residential service as specified in s.
PSC 113.0402 (9) (b).
Initial Regulatory Flexibility Analysis
Pursuant to s.
227.114, Stats., the rule herein is not expected to negatively impact on small businesses.
Fiscal Estimate
Under Adm 46, the Department of Administration (DOA) is responsible for billing, collecting and distributing annual and one-time environmental impact fees paid by persons issued a certificate by the Public Service Commission for the construction of high voltage transmission lines.
The annual cost to DOA depends on the number of new transmission lines each fiscal year and the number of communities those lines run through. DOA must process one invoice per transmission line per year and one compensation check per affected community per year. DOA estimates that there will be one new transmission line every three years and the number of communities affected will vary from one to fifteen or more per line. Although it is not possible to develop a concrete fiscal impact, DOA will experience additional work and, therefore, additional cost.
Contact Person
Donna Sorenson
Department of Administration
101 E. Wilson St., 10th Floor
P.O. Box 7864
Madison, WI 53707-7864
(608) 266-2887
Notice of Hearing
Agriculture, Trade and Consumer Protection
The State of Wisconsin Department of Agriculture, Trade and Consumer Protection announces that it will hold a public hearing on a proposed rule to amend ch.
ATCP 21, and to clarify statutory references in ch.
ATCP 29, Wis. Adm. Code, related to plant inspection and pest control. The department will hold one hearing at the time and place shown below. The department invites the public to attend the hearing and comment on the proposed rule. Following the public hearing, the hearing record will remain open until August 24, 2001 for additional written comments.
You may obtain a free copy of this rule by contacting the Wisconsin Department of Agriculture, Trade and Consumer Protection, Agricultural Resource Management, 2811 Agriculture Drive, P.O. Box 8911, Madison, WI 53708-8911, or by calling (608) 224-4574. Copies will also be available at the hearing.
Hearing impaired persons may request an interpreter for this hearing. Please make reservations for a hearing interpreter by August 7, 2001 by writing to Paula Noel, 2811 Agriculture Drive, P.O. Box 8911, Madison, WI 53708, (608) 224-4574. Alternatively, you may contact the Department TDD at (608) 224-5058. Handicap access is available at the hearing.
Hearing Date, Time and Location
Tuesday, August 21, 2001 - 1:00 until 4:00 p.m.
Dept. of Agriculture, Trade and Consumer Protection
Board Room
2811 Agriculture Drive
Madison, WI 53704
Handicapped accessible
Analysis prepared by the Department of Agriculture, Trade and Consumer Protection
This rule repeals current import controls designed to prevent the spread of Japanese beetles into this state. Despite the current import controls, Wisconsin is now infested with Japanese beetle. The current import controls therefore serve no purpose, and may unnecessarily impede interstate commerce. This rule also updates scientific terminology and statutory references in current rules.
Background
Japanese Beetle; Repeal of Import Controls
The Department of Agriculture, Trade and Consumer Protection (DATCP) administers plant pest control rules under ch.
ATCP 21, Wis. Adm. Code. Current rules include import controls designed to prevent the spread of Japanese beetles into Wisconsin. Persons who import certain plants, soil and other materials from areas infested with Japanese beetles must have those materials inspected and certified by a pest control official in the state or province of origin. The inspector must certify that the import shipment is free of Japanese beetle. The importer must pay for the inspection and certification.
Despite these import controls, the Japanese beetle has now infested Wisconsin and over half of all U.S. states. Because Wisconsin is now infested, its current import controls may serve no useful purpose and may unnecessarily impede interstate commerce. Wisconsin's current import restrictions are not consistent with the U.S. Domestic Japanese Beetle Harmonization Plan adopted by the National Plant Board. That plan recommends regulation of imports to states that are not yet infested, but does not recommend regulation of imports to states (like Wisconsin) that are already infested.
Taxonomic Name Change
DATCP currently regulates honeybee shipments, under ch.
ATCP 21, Wis. Adm. Code, to prevent the spread of honeybee pests in this state. Two of these pests have undergone taxonomic name changes.
State Pest Control Programs
