Rule-making notices
Notice of Hearing
Notice is hereby given that pursuant to ss.
227.16 (1),
227.17 and
227.18, Stats., the Department of Health and Family Services will hold a public hearing to consider the proposed revision of ch.
HFS 50, relating to adoption assistance and the use of the state adoption information exchange to find adoptive families for children.
Hearing Information
The public hearing will be held:
August 12, 2002 1 West Wilson Street
Tuesday Room 550 A
10:00 a.m. to 2:00 p.m. Madison, WI
The hearing site is fully accessible to people with disabilities.
Analysis Prepared by the Department of Health and Family Services
The proposed rulemaking order amends several provisions of ch.
HFS 50 rules for facilitating the adoption of children with special needs to do the following: (1) establish exceptions to an adoption agency's photo listing requirements; (2) replace terms “photo listing book" or “book" to allow for alternative methods of photo listing, such as the Internet; (3) authorize the department to biannually notify adoptive parents of the family's post-placement responsibilities and remove the requirement that the department annually re-certify an adoptive family's need for continuing adoption assistance; (4) include an express time requirement within which an adoptive family must notify the department of changes in circumstances; (5) allow adoption assistance under the interstate compact when federally required; (6) include an express requirement that a child must be available for adoption in order to be eligible for adoption assistance; (7) require that only documented factors be used as a basis of determining that a child is at high risk of developing a moderate or intensive level of special needs; (8) require that the documentation evidencing a mother's drug or alcohol use or other inappropriate pre-natal care be documented in a medical or hospital record; (9) for clarification purposes, replace the term “registration" with “photo listing"; and (10) eliminate the need for an adoption agency to register or photo list a child when an adoption agency is not actively seeking an adoptive placement for the child.
Contact Person
To find out more about the hearing or to request a copy of the proposed rules, write, phone or e-mail:
Jill Duerst
Bureau of Programs and Policies
P.O. Box 8916
Madison, WI 53708-8916
(608) 266-1142 or, if you are hearing impaired, (608) 266-7376 (TTY)
If you are hearing or visually impaired, do not speak English, or have circumstances that might make communication at a hearing difficult and if you, therefore, require an interpreter or a non-English, large print or taped version of the hearing document, contact the person at the address or phone number given above at least 10 days before the hearing. With less than 10 days notice, an interpreter may not be available.
Written comments must be received by mail or e-mail at the above address no later than 5:00 p.m. on August 19, 2002. The written comments will be given the same consideration as testimony presented at a hearing.
Fiscal Estimate
Except for the requirements that only documented factors be used as a basis of determining whether a child is at high risk of developing a moderate or intensive level of special needs, none of the proposed revisions have a fiscal affect.
Under the proposed changes to s.
HFS 50.01 (4) (j), children will no longer be presumptively eligible. Eligibility will be determined based on documented need. If a child is determined not to be eligible at the time of adoption they can apply again within three years of the date of adoption or when the adoptive family first became aware of adoption assistance if circumstances change that would make the child eligible. Children currently receiving adoption assistance or classified as a “child at high risk" of developing special needs will not be affected. Their eligibility for adoption assistance will remain in place. Therefore, we do not anticipate an immediate impact.
The department proposes to repeal s.
HFS 50.01 (4) (j) 1., and amend s.
HFS 50.01 (4) (j) 5., to require that the documented evidence of a birth mother's use of harmful drugs or alcohol or other practice of inappropriate pre-natal care that could later result in the child developing special needs be documented in a medical or hospital record.
These changes should result in a cost savings in payments to adoptive families for non-recurring adoption expenses. Approximately 130 children annually meet the current “child at high risk" definition under the criteria specified in s.
HFS 50.01 (4) (j) 1., and
5. The adoptive families for these children are eligible for reimbursement for up to $2,000 of certain non-recurring adoption related expenses. By repealing s.
HFS 50.01 (4) (j) 1., and making the documentation requirements for s.
HFS 50.01 (4) (j) 5., more specific, there will be fewer children who meet the “child at high risk" definition. However, the decrease in the number of children meeting the definition as a result of these changes is uncertain and, therefore, the cost savings for non-recurring adoption expenses cannot be determined.
The above anticipated cost savings is in addition to any potential cost savings due to fewer children on medical assistance and fewer families having the ability to request adoption assistance amendments. The amount of adoption assistance and medical assistance savings cannot be determined at this time. There is currently insufficient data and experience regarding the percentage of at risk agreements that are later amended to include monthly adoption assistance payments and medical assistance. The law permitting adoptive families to request a “child at high risk" adoption assistance agreement went into effect on January 1, 1999. It has taken time to implement the process and the adoptive family must wait at least 12 months post adoption finalization before requesting an amendment.
Initial Regulatory Flexibility Analysis
The provisions in the proposed order will not affect small businesses.
Notice of Hearing
Health and Family Services
(Community Services, Chs.
HFS 30—)
[
CR 99-09]
Notice is hereby given that, pursuant to s.
46.295 (6), Stats., the Department of Health and Family Services will hold a public hearing to consider the repeal and recreation of ch.
HFS 77, Wis. Adm. Code, relating to criteria and procedures for reimbursement of interpreting services for persons who are deaf or hard of hearing.
Hearing Information
The public hearings will be held:
August 12, 2002 Room 550A
Monday 1 West Wilson St.
From 1 p.m. to 3 p.m. MADISON, WI
The hearing site is fully accessible to people with disabilities. Sign language interpreters and real time captioning will be available at the hearing.
Analysis Prepared by the Department of Health and Family Services
This order updates the Department's rules for operating a program established under s.
46.295, Stats., that reimburses interpreters for the provision of interpreting services for persons who are deaf, deafblind or hard of hearing. The Department proposes to update the rules for three reasons:
1. To change how interpreters are scheduled. Chapter
HFS 77 currently states that the Department will schedule interpreting services for an individual or organization authorized to receive interpreting services funded by the Department. However, although the Department continues to fund interpreting services and maintain lists of qualified interpreters, it no longer directly schedules interpreters. Requests for interpreting services are received and reviewed by the Department's 6 region-based Coordinators of Deaf and Hard of Hearing Services to ensure that the circumstances for which services are requested meet the requirements of the program statute and ch.
HFS 77. If qualified, the Department provides the individual or organization requesting the service with a list of certified and verified interpreters. The individual or organization is subsequently responsible for scheduling the interpreter.
2. To use the Wisconsin Interpreting and Transliterating Assessment (WITA) as a method of verifying interpreters. Interpreters verified through WITA will qualify for Department reimbursement for interpreting services provided under ch.
HFS 77. Chapter
HFS 77 is also being revised to include real-time captioning services.
3. To conform with changes in the generally accepted preferred terminology for referring to people with hearing problems and to the services required to support their access to needed communication.
The current rules refer throughout to “hearing impaired persons" and “interpreter services," terms also used, but undefined, in s.
46.295, Stats. These terms are replaced in the proposed rules by the terms “deaf, deafblind or hard of hearing persons" and “interpreting services;" terms preferred by the deaf and hard of hearing communities.
The Department previously held hearings on similar proposed rules in 1999. However, over the past year, the Department has made a variety of changes to those initial proposed rules. Consequently, the Department wants to receive public comments on the proposed rules before transmitting final proposed rules to the legislature.
Contact Person
To find out more about the hearings or to request a copy of the proposed rules, write, email or phone:
Alice M. Sykora
Human Services Program Coordinator
Bureau for the Deaf and Hard of Hearing
One West Wilson Street, B275
Madison, WI 53707-7851
TTY: 608-266-3168 (for non-TTY users, dial “711" for relay service and give the operator the telephone number)
Fax: 608-266-3256
If you are visually impaired or do not speak English and if you, therefore, require a non-English interpreter at a hearing or a non-English, large print or taped version of the hearing document, contact the person at the address or phone number shown above. Persons requesting a non-English interpreter should contact the person at the address or phone number given above at least 10 days before the hearing. With less than 10 days notice, a non-English interpreter may not be available.
Written comments on the proposed rules received at the above address no later than August 15, 2002 will be given the same consideration as testimony presented at the hearing.
Fiscal Estimate
These revised rules will not affect the expenditures or revenues of state government or local governments. These changes are programmatic only and have no fiscal impact on the appropriation for the activities specified in ch.
HFS 77.
Initial Regulatory Flexibility Analysis
These rules apply to deaf, deafblind or hard of hearing persons who need or request interpreting services, sign language and oral interpreters, those who provide such services and governmental agencies, courts and private agencies that request interpreting services or information about interpreting services under s.
46.295, Stats.
The Department maintains directories of certified and verified interpreters and certified real time captioners and reimburses them for their services.
Most of the 300 or so certified and verified sign language interpreters and oral transliterators for deaf and hard of hearing persons in Wisconsin operate as small businesses, as “small business" is defined in s.
227.114 (1) (a), Stats.
The principal rule changes - scheduling done by the requesting individual or organization rather than by the Department; use of the Wisconsin Interpreting and Transliterating Assessment (WITA) as the primary means for certifying and verifying interpreters, which will eventually replace the Wisconsin Quality Assurance Program; and replacing two terms used in the rules with terms generally preferred by persons who are deaf or hard of hearing - will not have any impact on those interpreters who may be classified as “small businesses."
Notice of Hearing
Natural Resources
(Fish, Game, etc., Chs.
NR 1—)
NOTICE IS HEREBY GIVEN that pursuant to ss.
29.014,
29.033,
29.307,
29.335,
29.885,
227.11 (2) (a) and
227.24, Stats., interpreting ss.
29.033,
29.177,
29.307,
29.335 and
29.361, Stats., the Department of Natural Resources will hold a public hearing on Natural Resources Board Emergency Order No. WM-32-02(E) pertaining to the control and management of chronic wasting disease. This emergency order took effect on July 3, 2002. The emergency rule:
1. Eliminates baiting for deer and feeding of wildlife statewide.
2. Extends deer seasons within the chronic wasting disease management zones.
3. Creates an earn-a-buck deer hunt requirement in the chronic wasting disease management zones.
4. Codifies the conditions for landowner permits to remove deer within the eradication zone.
5. Restricts the movement of deer harvested prior to registration.
6. Creates a protocol for department use of aircraft to help reduce deer numbers within the eradication zone.
NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:
August 12, 2002 Room 027, GEF #2
Monday at 3:00 p.m. 101 South Webster Street
Madison
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 Kurt Thiede at (608) 267-2452 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. Kurt Thiede, Bureau of Wildlife Management, P.O. Box 7921, Madison, WI 53707 no later than August 15, 2002. Written comments will have the same weight and effect as oral statements presented at the hearing. A copy of the emergency rule [WM-32-02(E)] may be obtained from Mr. Thiede.
Fiscal Estimate
Increased Costs Totals:
Salary and fringe: $1,379,960
Mileage, meals and supplies: $2,508,273
Increased Costs Details:
Carcass Disposal: The disposal, by incineration, of the estimated 15,000 deer that will be harvested within the eradication zone is initially expected to cost the department $1,218,750 (15,000 deer x 125 lbs./deer x $.65/ lb).
Aerial Operations: The costs associated with supplies, staff and flight time if the department contracts with USDA-wildlife services to conduct aerial shooting and herding of deer in the eradication zone.
Staff: $206,774
Aircraft (20 hours/week for 12 weeks
x 2 helicopters x $700/hr.): $336,000
Materials and supplies: $254,548
Total: $797,322
CWD Deer Hunts: The costs associated with the implementation of the expanded deer hunt in the CWD intensive harvest and management zones.
Law Enforcement: The additional hunts will require 8 additional hours per pay period for each of the 26 wardens in the South Central Region. Added to this would be any necessary meals, miles, etc.
With an average salary of about $25, with an additional $10 for benefits and fringe, this works out as follows:
26 Wardens x 8 hours/pay period = 208 hrs/pay period x 10 pay periods = 2080/hrs x $35/hr salary and fringe = $72,800 salary and fringe. In addition, there will be the added cost of approximately $8,840 meals and $9,486 in mileage (meals and miles based upon previous cost estimates for CWD efforts).
$91,126 Total in salary, fringe, meals and mileage.
Wildlife Management: The costs associated with the implementation of the new CWD deer herd control hunts including the testing and permit issuance during the extended season at registration stations will result in an additional staff time including the use of an LTE's, as well as mileage and other equipment expenses.
10 LTE's x 20 hours/week = 200 hours x 10 pay periods = 2000 hours x $10/hour = $20,000.
10 hours of overtime / pay period x 75 (50% of the wildlife staff) = 750 hours x 10 pay periods = 7, 500 hours x $28/hour (salary and fringe) = $210,000
Meals, mileage and other 1614 appropriations based on the first 14 weeks of CWD operation expenditures (~ $12,000 / wk): 20 weeks x $12,000 = $240,000
An additional cost will be the production of a regulation pamphlet to explain the CWD special hunt framework regulations and requirements.
Regulation Pamphlet 550,000 x $ .02 = $11,000
Customer Service and Licensing: The production of special permits associated with the implementation of the special CWD hunts.
Est # Special Carcass Tags
(400k EAB, 200k Antlered,
25k Disease Replacement) 625,000
Cost per form $0.075
$46,875.00
An additional cost will be the time required by staff to answer CWD related questions and issue the special permits.
Equivalent FTE positions (Assuming
SCR&CO staff @15% and NOR, WCR,
NER, SER staff @ 5%) 10.1
Average Annual CS Salary
(not including benefits) $29,200.00
$294,920.00
Parks and Recreation: Signage and maps will need to be produced for the 8 state park properties where expanded herd control measures will be in effect.
Supplies and Services: Printing or updating Maps, Signs, Permits and Instructions:
$2,500.00 for Cadiz Springs
(currently not open to hunting) = $2,500
$500.00 for 7 other parks which have previously been open to deer hunting ($500x 7) = $3,500
Total = $6,000
Supplies and Services: Vehicle Maintenance and Expenses for Increased Patrol
$1,000 per park x 8 = $8,000
Salaries and Fringes - $30 per hour:
Determination of Hunting Boundaries, Preparing /Revising Maps and Signs, Posting Signs
32 hours for Cadiz Springs (currently not open to hunting) 32 x $30 = $960
16 hours for other 7 parks which have previously been open to deer hunting (16 x 7 x $30) = $3,360
Total = $4,320
Salaries and Fringes - $30 per hour: Distributing Permits, Law Enforcement, Admitting Hunters to Park and/or Documenting Permits
4 hours per park per day x $30 per hour x 8 x 38 days (based on the average number of days all 8 parks will be open to hunting) = $36,480
Landowner Permits: The printing and issuance of permits, sharp shooting, carcass collection and registration are all areas where staff time and resources will be required.
Permit issuance and landowner contacts = 10 perm. employees x 10 additional hours/pay period x 4 pay periods = 400 x $28 / hour = $11,200 salary and fringe.
Sharp shooting = 12 perm. employees x 20 additional hours/pay period x 14 pay periods = 3,360 x $28 / hour = $94,080 salary and fringe.
Carcass pick-up crews = 8 perm. employees x 20 additional hours/pay period x 4 pay periods = 640 x $28 / hour = $17,920 salary and fringe.
Registration Stations = 16 perm. employees x 20 additional hours/pay period x 4 pay periods = 1,280 x $28 / hour = $35,840 salary and fringe.
Meals, mileage and other 1614 appropriations based on the first 14 weeks of CWD operation expenditures (~ $12,000 / wk): 11 weeks x $12,000 = $132,000
Field operational expenses including fax machines, copiers, printers, computers, database, telecommunications, GIS software and office supplies: $30,000
Baiting and Feeding Enforcement: Respond to and investigate violations pertaining to the statewide ban on baiting and feeding. The new regulations will require approximately 8 FTE worth of effort statewide for Law Enforcement wardens.
2080 hours (1 FTE) x 8 x $35/ hour (salary and fringe): $582,400
Decreased Revenue Total: $634,000
Decreased Revenue Details:
There will be a loss in revenue stemming from the absence of bonus permit sales in the CWD management zones.
Est # of OTC Bonus Sales lost
(assumed 50% loss in split units) 24,048
Dollar figure assumes 4:1 ratio of
Resident:Non-resident sales $13.60
$327,052.80
Est # of Bonus Sales lost thru mail
(assumed 50% loss in split units) 22,570
Dollar figure assumes 4:1 ratio of Resident:
Non-resident sales $13.60
$306,952.00
Total: $634,004.80
Long-Range Fiscal Implications
The costs associated with the management and control of chronic wasting disease in the state will pose a significant financial burden including reduced revenues and increased costs in subsequent years.
Notice of Hearing
NOTICE IS HEREBY GIVEN that pursuant to ss.
29.014 (1),
29.041,
29.519 (1) (b) and
227.11 (2) (a), Stats., interpreting ss.
29.014 (1),
29.041,
29.516 (2) and
29.519 (1) (b), Stats., the Department of Natural Resources will hold a public hearing on revisions to ss.
NR 25.06 (1) (a) and
25.09 (1), Wis. Adm. Code, relating to commercial and home use fishing in Lake Superior. The harvest of lake trout from Wisconsin waters of Lake Superior is guided by the 1995 State-Tribal Lake Superior Agreement among the Department and the Red Cliff and Bad River Bands of Lake Superior Chippewa. Wisconsin waters of Lake Superior are divided into two management areas, W-1 and W-2. The agreement was recently amended to change the allowable harvest of lake trout in each management area. The harvest limit for W-1 will be decreased from 14,500 to 11,300. In W-2, the harvest limit will be increased from 89,900 to 92,800.
The Department allocates the state share (43,768 lake trout under the amended agreement) between sport and commercial fishers. Because the harvest in W-1 is predominately by sport fishers while the harvest in W-2 is predominately by commercial fishers, the negotiated amendments to the State-Tribal Agreement and this proposed rule change will result in a slight increase in the state-licensed commercial harvest and a slight decrease in the number of lake trout reserved for sport harvest in W-1.
Revisions to s.
NR 25.09 include a requirement that every float on gill nets set in Lake Superior be legibly marked with the license number of the commercial fisher and that lake herring gill nets not be allowed within 12 feet of the lake's surface.
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: Lake Superior commercial fishers
b. Description of reporting and bookkeeping procedures required: No new procedures
c. Description of professional skills required: No new skills
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 pursuant to ss.
29.014 (1),
29.041,
29.519 (1) (b),
227.11 (2) (a) and
227.24, Stats., interpreting ss.
29.014 (1),
29.041 and
29.519 (1) (b), Stats., the Department of Natural Resources will hold a public hearing on Natural Resources Board Emergency Order No. FH-15-02(E) relating to commercial and home use fishing for lake trout in Lake Superior. This emergency order took effect on July 8, 2002. This emergency order revised the allocation of lake trout among home use and non-Indian commercial fishers and the Red Cliff and Bad River bands.
NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:
August 19, 2002 County Board Room
Monday at 7:00 p.m. Bayfield County Courthouse
117 E. Fifth Street
Bayfield
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 Steve Schram at (715) 779-4034, ext. 12 with specific information on your request at least 10 days before the date of the scheduled hearing.
Written comments on the proposed and emergency rules [FH-10-02 and FH-15-02(E)] may be submitted to Mr. William Horns, Bureau of Fisheries Management and Habitat Protection, P.O. Box 7921, Madison, WI 53707 no later than August 23, 2002. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rule and fiscal estimate may be obtained from Mr. Horns.
Fiscal Estimate
The department does not expect these revisions to have a fiscal impact at the state or local level.
Notice of Hearing
NOTICE IS HEREBY GIVEN that pursuant to ss.
30.79 (2m) and
227.11 (2) (a), Stats., interpreting ss.
23.33 (9) (a),
30.79 and
350.12 (4), Stats., the Department of Natural Resources will hold public hearings on revisions to ss.
NR 50.12,
50.13 and
64.15, Wis. Adm. Code, relating to, ATV, snowmobile and water safety patrols. The Winnebago County Sheriff has requested that the Department include the water safety patrols that operate on Lake Winnebago under s.
NR 50.13 (1m) (b) 2., so that they can also be funded to staff their boats with 3 officers for safety reasons. The proposed revision adds lakes over 100,000 acres as outlying waters for the purpose of establishing average patrol hours per arrest.
The proposed rule will also eliminate the requirement for the Department to mail three sets of forms to each county for water safety, snowmobile and ATV patrols. Currently the Department makes grant funds available to sheriff patrols that enforce snowmobile and ATV statutes at two separate times each year. The proposed rule will change the grant submission deadlines and payment disbursement dates for both programs to be the same. Currently the ATV equipment reimbursement rate for equipment items that are not ATVs or trailers is capped at $100. The proposed change will raise the equipment cap to a maximum of $1000, which is identical to the snowmobile program.
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 20, 2002 (Tuesday) - 10:00 a.m.
Conference call participation at:
Conference Room, DNR Service Center
223 E. Steinfest Road, Antigo
Video conference participation at:
Room 115, Polk Library, UW-Oshkosh
801 Elmwood Blvd., Oshkosh
Room 127, Waukesha State Office Bldg.
141 NW Barstow Street, Waukesha
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 Karl Brooks at (608) 267-7455 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. Karl Brooks, Bureau of Law Enforcement, P.O. Box 7921, Madison, WI 53707 no later than August 30, 2002. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rule and fiscal estimate may be obtained from Mr. Brooks.
Fiscal Estimate
There will be no net change in FTE hours or expenditure of new funds for these rule revisions.
Notice of Hearings
Natural Resources
(Environmental Protection-General,
Chs.
NR 100—)
[
CR 02-095]
NOTICE IS HEREBY GIVEN that pursuant to ss.
281.12(1),
281.15,
281.19 (1),
299.11 and ch.
160, Stats., interpreting ss.
281.12 (1),
281.15,
281.19 (1),
299.11 and ch.
160, Stats., the Department of Natural Resources will hold public hearings on amendments to NR 140.10 Table 1 and Appendix 1 relating to groundwater quality standards. The proposed amendments would add groundwater quality standards for 2 additional substances and revise exiting groundwater quality standards for 3 substances. In accordance with ch.
160, Stats., amendments to ch.
NR 140 groundwater quality standards are based on recommendations from the Department of Health and Family Services. New public health related groundwater quality standards are proposed for Alachlor ethane sulfonic acid (Alachlor ESA) and molybdenum. Revised public health related groundwater quality standards are proposed for butylate, dacthal and naphthalene.
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 28, 2002 (Wednesday) - 1:00 p.m.
Room 511, GEF #2, 101 South Webster Street
Madison
August 29, 2002 (Thursday) - 3:00 p.m. and 7:00 p.m.
County Board Room, Iowa County Courthouse
222 N. Iowa Street, Dodgeville
August 30, 2002 (Friday) - 1:00 p.m.
Video conference participation available at:
Room 139, Eau Claire State Office Building
718 W. Clairemont, Eau Claire
Room 105, UW-Fond du Lac,
400 Campus Drive, Fond du Lac
Room D155B, Communication Arts Bldg.
UW-Parkside, 900 Wood Road, Kenosha
Room B29, La Crosse State Office Building
3550 Mormon Coulee Road, La Crosse
Conference Room, DNR Regional Headquarters
107 Sutliff Avenue, Rhinelander
Conference Room, DNR Regional Headquarters
810 W. Maple Street, Spooner
September 9, 2002 (Monday) - 3:00 p.m. and 7:00 p.m.
Room 205, University Center, UW-Stevens Point
1015 Reserve Street, Stevens Point
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 William Phelps at (608) 267-7619 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. William Phelps, Bureau of Drinking Water and Groundwater, P.O. Box 7921, Madison, WI 53707 no later than September 20, 2002. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rule and fiscal estimate is available from Mr. Phelps.
Fiscal Estimate
Although additional monitoring costs may be imposed upon the state or local government entities that are within the regulated community, the extent of such monitoring and any costs associated with it--while too speculative to quantify at this time--are not expected to be significant. Further, any increased monitoring costs associated with the setting of ESs and PALs for Alachlor ESA and Molybdenum and the lowering of the ES and PAL for Dacthal may be offset by cost savings associated with the relaxing of ESs and PALs for Butylate and Naphthalene. Thus, on balance, the Department believes it is unlikely that there will be additional costs to state and local governments resulting from adopting these groundwater standards.
Notice of Hearings
Natural Resources
(Environmental Protection-Water Regulation
Chs.
NR 300—)
[
CR 02-099]
NOTICE IS HEREBY GIVEN that pursuant to ss.
30.2035 and
227.11 (2) (a), Stats., interpreting s.
30.12 (2) and
(3) (a) 3., Stats., the Department of Natural Resources will hold public hearings on the creation of subch.
I to ch.
NR 328, Wis. Adm. Code, relating to shore erosion control standards for inland lakes and impoundments. The proposed rule codifies standards for Department permit decision process for shoreline alternations for erosion control. The rule will prevent or minimize adverse effects of shore erosion construction and achieve consistency in the application of navigable water laws for the construction of shore protection.
Permitting of shore erosion control structures is currently addressed through Departmental guidance. This rule seeks to find a consistent balance between the need of waterfront property owners to limit their erosion and the state's obligation to meet the public interest in protecting lake-edge habitat. The rule encourages erosion control practices (through authorization of short-form permits) that are beneficial to fish and wildlife habitat or can be accomplished by other effective lower impact techniques. This rule will improve consistency in decision-making by developing an assessment of erosion potential by two methods: 1) application of models to storm-wave height conditions; and 2) more specific site-level erosion assessment. The rule also simplifies regulation of shore protection options that have fewer environmentally harmful side-effects and, moreover, are beneficial to fish and wildlife along developed areas.
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 13, 2002 James P. Coughlin Center
Tuesday at 7:30 p.m. 625 E. County Road Y
Oshkosh
August 14, 2002 Schmeeckle Reserve,
Wednesday at 7:30 p.m. UW-Stevens Point
2419 North Point Drive
Stevens Point
August 15, 2002 Room 511, GEF #2
Thursday at 3:00 p.m. 101 South Webster Street
Madison
August 15, 2002 Fox River Room, Arena Bldg.
Thursday at 7:30 p.m. Waukesha Co. Expo Center
1000 Northview Road
Waukesha
August 19, 2002 DNR West Central Region
Monday at 7:30 p.m. Headquarters
1300 W. Clairemont
Eau Claire
August 20, 2002 Polk Co. Special Education School/
Tuesday at 7:30 p.m. Adult Development Center
400 Polk County Plaza
Balsam Lake
August 21, 2002 Sawyer County Courthouse
Wednesday at 7:30 p.m. 10610 Main Street
Hayward
August 22, 2002 Woodruff Town Hall
Thursday at 7:30 p.m. 750 Elm Street (Hwy. 51)
Woodruff
August 26, 2002 Auditorium Room
Monday at 7:30 p.m. La Crosse Co. Admin. Bldg.
400 4th St. North
La Crosse
NOTICE IS HEREBY FURTHER GIVEN that Department staff will conduct an informational meeting on the proposed rule for an hour preceding each public hearing.
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 Cunningham at (608) 267-7502 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 Cunningham, Bureau of Fisheries Management and Habitat Protection, P.O. Box 7921, Madison, WI 53707 no later than Friday, August 30, 2002. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rule and fiscal estimate may be obtained from Mr. Cunningham.
Fiscal Estimate
State Costs:
Subchapter I: The Department anticipates no net increase in costs associated with administering Subchapter I of these proposed rules, only a shift in workload resulting from: 1) less workload associated with long-form permit decisions (site analysis, permit decisions, and contested case hearings); and 2) an offsetting increase in the workload associated with short form review, technical assistance, and application of the rule.
Subchapter II: The Department anticipates no more than one municipal breakwater permit per year as authorized under Subchapter II of these proposed rules. The workload associated with municipal breakwater permit and plan review is estimated to be 100 hours per permit. The annual salary-related costs associated with this permitting and plan review are estimated @ $30 per hour for 100 hours, or $3000 annually. The Department will absorb this workload in its current budget.
Local Costs (Subchapter II only):
Local government costs are permissive only. Currently local units of government do not have the opportunity to place permanent breakwaters on the beds of lakes and flowages through a Department permitting process. Permits for offshore breakwaters may be issued to municipalities for placement in the following water bodies: Lake Koshkonong, Petenwell flowage, Castle Rock lake, Big Eau Pleine reservoir, Lake Nokomis – Rice River reservoir, Lake DuBay, Beaver Dam lake, Lake Buttes des Morts, Lake Poygan, Lake Winneconne, and Lake Winnebago.
These listed waters are generally typified by the following conditions – impounded; 5000 acres and larger; extensive water level fluctuation; high shoreline recession rates; and historic loss of shoreline vegetation. As stated above, the Department anticipates no more than one municipal breakwater permit per year, statewide.
There are no direct fees or costs to local municipalities associated with processing permits. Local municipalities' permissive costs (planning, engineering services) to implement breakwater projects and comply with the administrative rule will vary widely. For purposes of this fiscal note, the Department assumes that local governments applying for municipal breakwater permits have developed management plans. The Department estimates that, on average, a local government would invest up to 300 hours to develop the proposed NR 328 permit application information. Assuming that the local government's costs are $30 per hour, it would incur up to $9000 in costs related to the permit application.
Notice of Hearings
Natural Resources
(Environmental Protection-Air Pollution Control, Chs.
NR 400—)
[
CR 02-097]
NOTICE IS HEREBY GIVEN that pursuant to ss.
227.11 (2) (a),
285.11 (1),
285.17 and
285.27 (2), Stats., interpreting ss.
285.11 (10),
285.13 (5),
285.17,
285.27 (2),
285.63 (4),
285.64,
285.67 and
285.69, Stats., the Department of Natural Resources will hold public hearings on revisions to chs.
NR 400,
406,
407,
410,
419,
422,
423,
438,
439,
445,
446,
447,
448,
449,
468 and
484, Wis. Adm. Code, relating to the control of hazardous air pollutants and air contaminant inventory report requirements. The revision proposes to add 153 hazardous air pollutants to ch.
NR 445, remove 5 hazardous air pollutants from the current list, and to establish regulatory thresholds, emission standards, permit and emission inventory reporting requirements for the newly listed substances. The revisions propose to establish risk-based thresholds for carcinogens. Emission standards are revised for 116 of the 429 currently listed hazardous air pollutants. The rule revisions are also being proposed to improve the regulatory system. The revisions introduce alternative methods for demonstrating compliance and add measures to reduce, streamline and clarify regulatory requirements.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s.
227.114, Stats., the proposed rule may have an impact on small businesses. The initial regulator flexibility analysis is as follows:
a. Types of small businesses affected: Small businesses that may emit hazardous air pollutants are affected by this regulation. The regulation creates an “incidental emitter" category which substantially narrows the regulatory responsibility for most non-manufacturing businesses and for those manufacturing businesses that emit less than 3 tons/year of volatile organic compounds and less than 5 tons/year of particulate matter. It is estimated that close to 99% of all establishments in Wisconsin will fall in the “incidental emitter" category.
b. Description of reporting and bookkeeping procedures required: Small businesses that need to limit or reduce their emissions of hazardous air pollutants in order to comply with the emission standards will be required to report the hazardous air pollutant(s), the method used to comply with the applicable emission standard and a description of the records that will be kept on site to verify continuous compliance with the standard. Businesses that work with complex formulations or that frequently change the chemicals that they use may need to keep additional records to track their chemical usage.
c. Description of professional skills required: In some cases, engineering skills will be needed to determine how to comply with the emission standards. However, this is not expected to be the case for most 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 19, 2002 Appleton Public Library
Monday at 4:00 p.m. 225 N. Oneida Street
Appleton
August 20, 2002 Auditorium
Tuesday at 4:00 p.m. Wood County Courthouse
400 Market Street
Wisconsin Rapids
August 22, 2002 Jury Assembly Room
Thursday at 2:00 p.m. La Crosse County Courthouse
333 Vine Street
La Crosse
August 26, 2002 Room 027, GEF #2
Monday at 1:30 p.m. 101 South Webster Street
Madison
August 27, 2002 Room 141
Tuesday at 4:00 p.m. DNR Southeast Region Hdqrs.
2300 N. Dr. Martin Luther King Jr.
Drive
Milwaukee
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 Robert Park at (608) 266-1054 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. Caroline Garber, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707 no later than September 13, 2002. Written comments will have the same weight and effect as oral statements presented at the hearings.
A copy of proposed rule AM-34-02 and its fiscal estimate may be obtained from:
Proposed Rules
Bureau of Air Management
P.O. Box 7921
Madison, WI 53707
Phone: (608) 266-7718
FAX: (608) 267-0560
Fiscal Estimate
The revisions will affect permit writing and compliance activities. Provisions in the rule will increase some activities and reduce other activities. No additional FTEs are expected to be needed in the Bureau of Air Management or in the regional offices.
The rule revisions may affect a number of state and locally owned facilities. State and locally owned emission units that are out of compliance with new emission limits may incure some compliance costs. Compliance costs are expected to be insignificant for most state and locally owned facilities. These costs are unquantifiable.
Notice of Hearing
Social Workers, Marriage and Family Therapists, and Professional Counselors Examining Board
[
CR 02-105]
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Examining Board of Social Workers, Marriage and Family Therapists and Professional Counselors in ss. 15.08 (5) (b) and 227.11 (2), Stats., and ch. 457, Stats., as repealed and recreated by
2001 Wisconsin Act 80, and interpreting ch. 457, Stats., the Examining Board of Social Workers, Marriage and Family Therapists and Professional Counselors will hold a public hearing at the time and place indicated below to consider an order to revise the SFC Code relating to the Marriage and Family Therapists, Professional Counselors and Social Work Examining Board.
Hearing Information
Hearing Date, Time and Location
Date: August 12, 2002
Time: 10:00 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 12, 2002, to be included in the record of rule-making proceedings.
Copies of the proposed rule order can be obtained from Pamela Haack, 608-266-9495.
Analysis prepared by the Department of Regulation and Licensing.
Statutes authorizing promulgation: ss. 15.08 (5) (b) and 227.11 (2), Stats., and chapter 457, Stats. as repealed and recreated by
2001 Wisconsin Act 80.
This proposed rule-making order implements the statutory changes made as a result of
2001 Wisconsin Act 80, relating to the Examining Board of Social Workers, Marriage and Family Therapists and Professional Counselors.
Initial Regulatory 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.
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.
Notice of Hearing
Notice is hereby given that the Department of Veterans Affairs will hold a public hearing on the 16th day of August, 2002, at 9:30 a.m., in the 8th floor board room at 30 West Mifflin Street in Madison, Wisconsin.
Analysis Prepared by the Department of Veterans Affairs
Under the provisions of
2001 Wis. Act 16, the Department of Veterans Affairs was directed to promulgate administrative rules for the annual disbursement of $100,000 to counties who provide transportation services to veterans but do not receive such services from the Wisconsin Department of Disabled American Veterans. The proposed rules will identify the application procedures and establish the eligibility criteria for the purpose of equitably distributing the $100,000 among the eligible counties.
Initial Regulatory Flexibility Analysis
This rule is not expected to any adverse impact upon small businesses.
Fiscal Estimate
Act 16 appropriated $100,000 for this annual disbursement.
A copy of the proposed rules and the full fiscal estimate may be obtained by contacting:
John Rosinski
Wisconsin Department of Veterans Affairs
PO Box 7843
Madison, WI 53707-7843
Contact Person
John Rosinski (608) 266-7916
Notice of Hearing
NOTICE IS HEREBY GIVEN that pursuant to ss.
49.155, excluding (1d) and (1g), and 227.11, Stats., the Department of Workforce Development proposes to hold a public hearing to consider rules affecting ch.
DWD 56, relating to the administration of child care funds.
Hearing Information
August 13, 2002 GEF 1 Building, Room H305
Tuesday at 10:00 a.m. 201 E. Washington Avenue
MADISON
Interested persons are invited to appear at the hearing and will be afforded the opportunity to make an oral presentation of their positions. Persons making oral presentations are requested to submit their facts, views, and suggested rewording in writing.
Visitors to the GEF 1 building are requested to enter through the left East Washington Avenue door and register with the customer service desk. The entrance is accessible via a ramp from the corner of Webster Street and East Washington Avenue. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call (608) 267-9403 at least 10 days prior to the hearing date. Accommodations such as ASL interpreters, English translators, or materials in audiotape format will be made available on request to the fullest extent possible.
Analysis Prepared by the Department of Workforce Development
Statutory authority: ss.
49.155, excluding (1d) and (1g), and 227.11, Stats.
Statute interpreted: s.
49.155, excluding (1d) and (1g), Stats.
The proposed rules affect the administration of child care funds for the child care subsidy program under s.
49.155, excluding (1d) and (1g), Stats.
Adjustments due to insufficient funds. The proposed rules provide authority to adjust various policies if child care funds are insufficient to serve all eligible families. The options include limiting the increase in the maximum rate paid to child care providers, raising the parent co-payment levels, and establishing a waiting list. Priority status on the waiting list will be given to the following individuals in descending order: W-2 participants; parents whose children have special needs; parents who need child care services to participate in educational activities under s.
49.155 (1m) (a) 1m., Stats.; foster parents; and kinship care relatives.
Creation of more precise categories for maximum reimbursement rates. Maximum reimbursement rates to child care providers are determined by surveying licensed providers to determine the prices they charge to parents paying out of their personal funds and setting maximum rates under the child care subsidy program so that at least 75 percent of the slots in each county can be purchased at or below the maximum reimbursement rate. Currently maximum rates are set based on a survey of licensed providers' prices for children in two categories, ages 0 to 1 and 2 to 12. The department does not believe that the maximum rates set based on these categories accurately reflect market prices. The proposed rules provide the more precise categories of children ages 0 to 1, 2 to 3, 4 to 5, and 6 and older.
Increased focus on monitoring to prevent and address fraud and overpayments. The proposed rules authorize increased monitoring in the following ways:
• The child care administrative agency may refuse to authorize payment for child care services to a licensed provider if the provider refuses to submit documentation of the provider's child care prices in response to an agency request.
• An agency may limit the number of children authorized to a family day care provider unless the provider can show that he or she will not exceed the applicable group size limitation.
• An agency may authorize payments to a licensed provider based on attendance rather than enrollment if the agency has documented 3 separate occasions where the provider significantly overreported the attendance of a child.
• If a provider submits false attendance reports, refuses to provide documentation of the child's actual attendance or gives false or inaccurate child care price information, the department or agency may refuse to issue new authorizations to the provider for a period not to exceed 6 months, revoke existing authorizations, and refuse to issue payments until the provider has corrected the violation.
• An agency or the department may require a provider to submit documentation signed by the parent of the actual times that the child was dropped off to and picked up from the provider, contact the parents to determine the child's actual attendance hours, require the provider to submit attendance and payment records for families that pay for child care costs out of their own personal funds, require the provider to have attendance records available at the child care site whenever the department or agency requests to review them, and make on-site inspections to monitor provision of authorized services.
Miscellaneous:
• A child care administrative agency may not authorize payment to a provider for the care of a child when the care is done by a legally responsible parent.
• An agency may refuse to authorize payment on a provider's attendance report that is submitted more than 3 months after the attendance report was issued.
• An agency may authorize payment to a licensed or certified provider to hold a slot for a child if the parent has a temporary break in employment and intends to return to work and continue to use the child care provider upon return to work. The agency may authorize payment for no more than 6 weeks if the absence is due to a medical reason and is documented by a physician or for no more than 4 weeks if the absence is for other reasons. The department and child care administrative agency may not consider payment for a temporary absence to be an overpayment if the parent intended to return to work but does not actually return.
• The department may issue all payments by electronic funds transfer.
• County and tribal agencies must ensure that each new child care worker completes the department's initial training during the first 6 months of employment.
• An agency may contact a representative sample of licensed providers, rather than all licensed providers, to determine the prices that they charge to the general community. The department may arrange for a survey independent of the county or tribal agency.
• A child care provider may request a departmental review under ch.
227, Stats., of a refusal to issue new child care authorizations, a revocation of existing child care authorizations, a refusal to issue payment to the provider, a determination of the provider's payment amount, and collection of an overpayment, including the determination of the amount of the overpayment, the determination of the amount of the overpayment still owed, or a decision under s.
49.85, Stats., to recover the overpayment by means of certification to the Wisconsin department of revenue.
Contact Information
A paper copy may be obtained at no charge by contacting:
Elaine Pridgen
Office of Legal Counsel
Dept. of Workforce Development
201 E. Washington Avenue
P.O. Box 7946
Madison, WI 53707-7946
(608) 267-9403
elaine.pridgen@dwd.state.wi.us
Written Comments
Written comments on the proposed rules received at the above address no later than August 15, 2002, will be given the same consideration as testimony presented at the hearing.
Initial Regulatory Flexibility Analysis
The rule affects child care providers, some of which are small businesses as defined in s.
227.114, Stats. There is no significant change in the procedures that they must follow to participate in the program. Subsidy payment levels for certain age groups will be adjusted to be closer to the prices that providers charge the general community.
Fiscal Estimate
The creation of more precise maximum reimbursement rates to providers and the issuance of provider payments by electronic funds will decrease expenditures. The continuance of payments to providers to hold a slot when a parent has a temporary break in employment will increase expenditures. If the department exercises the authority in the rule to establish waiting lists, increase parental copayments, or limit the increase in the maximum rate paid to child care providers, there will be a decrease in expenditures.
