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.
Statutes interpreted: 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
Veterans Affairs
[CR 02-091]
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
Statutory authority: s. 45.43 (7m), Stats.
Statute interpreted: s. 45.43 (7m), Stats.
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
Workforce Development
[CR 02-104]
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:
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