Rule-making notices
Notice of Hearing
Accounting Examining Board
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Accounting Examining Board in ss.
15.08 (5) (b),
227.11 (2) and
442.04 (5), Stats., and interpreting s.
442.04 (5), Stats., the Accounting Examining Board will hold a public hearing at the time and place indicated below to consider an order to repeal s.
Accy 3.11 (1); to amend s.
Accy 3.03 (1); and to repeal and recreate ss.
Accy 3.06 and
3.07, relating to a new computer-based examination.
Hearing Date, Time and Location
Date: January 17, 2003
Time: 9:30 a.m.
Location: 1400 East Washington Avenue
Room 180
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 January 31, 2003 to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing.
In this proposed rule-making order the Accounting Examining Board amends its rules for implementation of a new computer-based examination. This examination is expected to be offered exclusively on computer beginning in early 2004. It will completely replace the paper-and-pencil version of the examination. The new examination has four sections: Regulation, Financial Accounting and Reporting, Auditing and Attestation, and business Environment and Concepts. Each section of the computer-based examination will be approximately as long as the current examination.
The four sections of the current examination are Accounting and Reporting, Financial Accounting and Reporting, Auditing, and Business Law and Professional Responsibilities.
Section 1 amends the passing grade on each section of the examination from 75 or higher to a passing grade established by the board.
Section 2 repeals and recreates the examination procedures. Eligibility to sit for the examination will continue to be determined by the jurisdiction where the certified public accountant credential is sought. Eligible examination candidates will be able to schedule directly with the company administering the examination. Examinations will be offered at sites in Madison and Milwaukee and candidates will also be permitted to take the examination at sites in other states. The examination will be given over a two-month period in each calendar quarter. It will not be given during the final month of each quarter, in order to prepare new examination material for the next quarter. Candidates will not be allowed to retake a failed section within the quarter it was last taken. However, candidates will be allowed to take as many sections of the examination as they desire during any one quarter.
Section 3 repeals and recreates the transition rules to allow a transition period to complete any remaining sections of the certified public accountant examination. Candidates who have received conditional credit for sections of the paper examination will be allowed to take the remaining corresponding sections of the computer-based examination in order to complete the examination. These proposed rules allow candidates to sit for each section separately and to take each section in any order. All sections must be completed within an 18-month period, which begins on the date that the first section is taken. Credit for any section passed outside the 18-month period shall expire and that section shall be retaken.
Section 4 repeals the provision for applicants for the certified public accountant examination to request a review of their examination papers from the American institute of certified public accountants advisory grading service.
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 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.
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.
Notice of Hearings
Agriculture, Trade and Consumer Protection
[CR 02-141]
(Reprinted From Mid-December 2002 Wis. Adm. Register)
The State of Wisconsin Department of Agriculture, Trade and Consumer Protection announces that it will hold public hearings on proposed rule changes to ch.
ATCP 92, Wis. Adm. Code. The hearings will be held at the times and places shown below. The public is invited to attend and make comments on the proposed rule. Following the public hearings, the hearing record will remain open until
February 21, 2003 for submittal of additional written comments. Please submit written comments to the attention of Judy Cardin, Regulation & Safety Section, Division of Trade and Consumer Protection, 2811 Agriculture Drive, PO Box 8911, Madison, WI 53708-8911.
A copy of the proposed rule may be obtained free of charge by contacting the Department of Agriculture, Trade and Consumer Protection at the address above or by calling 608-224-4944. Copies will also be available at the public hearings.
Access for those with physical disabilities is available at all hearing locations. An interpreter for the hearing impaired will be available on request for the hearings. Please make reservations for a hearing interpreter at least ten days prior to the hearing date by writing to Kelly Smithback, Division of Trade and Consumer Protection, 2811 Agriculture Drive, PO Box 8911, Madison, WI 53708 or by contacting the message relay system (TDD) at 224-5058.
Hearing Information:
Eau Claire area
Tuesday, January 14, beginning at 12:30 p.m.
DATCP Regional Office, Main Conference Rm
3610 Oakwood Hills Parkway
Eau Claire, WI 54701
Madison area
Thursday, January 16, beginning at 10:00 a.m.
Prairie Oak State Office Building, DATCP Board Room
2811 Agriculture Drive
Madison, WI 53708
Green Bay area
Tuesday, January 22, beginning at 1:00 p.m.
DATCP Regional Office, Conference Rm 152-A
200 N Jefferson St, Suite 146-A
Green Bay, WI 54301
Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection
The Department of Agriculture, Trade and Consumer Protection (DATCP) administers Wisconsin's weights and measures program, to ensure that commercial weights and measures are accurate. DATCP also supervises municipal weights and measures inspection programs. DATCP licenses vehicle scale operators and weights and measures service companies. DATCP has adopted rules, under ch.
ATCP 92, Wis. Adm. Code, related to commercial weighing and measuring devices.
This rule modifies current weights and measures rules, and creates new requirements. Among other things, this rule does the following:
•Establishes uniform weights and measures inspection procedures, to promote uniform statewide application of weights and measures laws. The uniform procedures apply to state and municipal weights and measures programs. The uniform procedures are based on standards developed by the National Institute of Standards and Technology (NIST).
•Requires state inspectors, municipal inspectors and private service companies to use testing equipment and weight standards that comply with NIST specifications, tolerances and regulations.
•Requires municipal inspectors to attend training on NIST procedures and related subjects.
•Clarifies licensing requirements for private weights and measures service companies, and increases annual license fees.
•Increases annual license fees for vehicle scale operators.
•Establishes a technician certification program for technicians employed by private weights and measures service companies. Technicians must pass an open-book examination developed by the Central Weights and Measures Association. There is an examination fee of $25.
State and Municipal Programs
DATCP enforces state weights and measures laws. Under s.
98.04, Stats., municipalities with a population of more than 5,000 must establish their own programs or contract with DATCP for weights and measures services. Currently, 18 municipalities have their own programs.
This rule establishes minimum standards for state and municipal weights and measures programs, in order to ensure reasonable statewide uniformity. This rule includes the following new requirements:
•Uniform Inspection Procedures. Under this rule, state and municipal programs must inspect packaged commodities, liquid measuring devices, scales, pricing systems, timing devices and linear measuring devices. (Currently, some municipal programs do not perform some of these inspections.) State and municipal inspectors must follow uniform testing and sampling procedures spelled out in state law and applicable NIST handbooks.
•Inspection Equipment. This rule requires inspectors to use test equipment and weight standards that meet NIST requirements. DATCP or a NIST-certified laboratory must test and certify test equipment and weight standards at least once every 2 years. DATCP may set a different testing interval for specialized equipment or weight standards.
•Training Requirement. Under this rule, state and municipal inspectors must participate in DATCP-sponsored training to stay current with changing weights and measures standards and procedures.
•Sealing Procedure. This rule clarifies the procedure for “sealing" a weighing or measuring device after the device is inspected.
•Reporting Requirements. This rule clarifies current municipal reporting requirements. Municipalities are currently required to submit annual reports to DATCP. DATCP uses these reports to help identify weights and measures compliance problems, priorities and program needs.
Weights and Measures Service Companies
DATCP currently licenses weights and measures service companies under s.
98.18, Stats. This rule increases license fees and establishes minimum licensing standards.
•License Required
This rule clarifies that a weights and measures service company must hold a DATCP license to install, service, test or calibrate commercial weighing or measuring devices.
A service company must apply for a license and pay required fees, according to this rule. DATCP may deny, suspend or revoke a license for reasons specified in this rule.
• License Fee
Under current law, weights and measures service companies pay the following annual license fees:
- $100 for companies that service only their own commercial weighing and measuring devices.
- $200 for companies that service weighing and measuring devices “for hire." A “for hire" company must also pay a supplementary license fee of $50 for each additional business location, if the company operates from more than one location.
This rule increases license fees for service companies. This rule establishes an annual fee of $250 for every company. A “for hire" service company must pay a supplementary fee of $75 for each additional business location, if the company operates from more than one location.
•Technician Certification
This rule creates a certification program for weights and measures service technicians. A weights and measures service company is responsible for having its technicians certified. Under this rule, a technician may not do any of the following unless the technician is certified:
- Restore to service a weighing or measuring device rejected by a state or municipal inspector.
- Place a new commercial weighing or measuring device in service.
- Verify the accuracy of a commercial weighing or measuring device.
A technician must be certified in one or more appropriate categories, based on the types of devices that the technician services. The Central Weights and Measures Association (CWMA) has developed certification exams that test a person's working knowledge of NIST standards and procedures (NIST Handbook 44) in various categories. Six midwestern states have adopted the CWMA technician certification program. Technicians who successfully complete the exam are recognized as “certified technicians" in participating states.
This rule requires certified technicians to pass the CWMA technician certification exam (or another exam approved by DATCP) in each applicable category once every 5 years. There is a $25 exam fee. The Wisconsin Department of Employment Relations, City and County Testing Unit, will administer the exam for DATCP. Exams are administered at locations statewide.
•Equipment Testing Procedures
Under this rule, weights and measures service companies must follow NIST testing procedures when they test weighing and measuring devices. Service companies must affix security seals to devices placed in service. Security seals must identify the name of the service company and technician that serviced the device.
This rule requires service companies to use testing equipment and standards that meet NIST requirements. Equipment and standards must be tested and certified at least once every 2 years by DATCP's metrology laboratory, or by a NIST-certified laboratory.
•Recordkeeping and Reporting.
Under this rule, a weights and measures service company must prepare a written report whenever the company installs, services, tests or calibrates a weighing or measuring device. The technician who does the work must prepare and sign the report. The report must include relevant information required by this rule.
Within 7 business days after it completes the work, the service company must give a copy of the report to the owner or operator of the device. If the service company restores a “rejected" device to service, the service company must also give a copy to DATCP or to the municipality that rejected the device. The service company must keep a copy of the report for at least 3 years.
•Prohibited Practices. No person who sells, installs, services, tests or calibrates a weighing or measuring device may do any of the following:
- Cause the device to be incorrect.
- Misrepresent that the device is correct.
- Misrepresent, directly or by implication, that the person has determined whether the device is correct.
- Fail to comply with this chapter or ch.
98, Stats.
- Remove any reject tag or mark applied by a state or municipal inspector unless the person first does one of the following:
* Adjusts the device to make it correct.
* Obtains express authorization from DATCP or, if the reject tag or mark was applied by a municipal inspector, from that municipality.
Vehicle Scales
DATCP currently licenses vehicle scale operators under s.
98.16, Stats. The current license fee is $60 per year per vehicle scale. This rule increases the license fee to $100 per year per vehicle scale.
Standards Incorporated by Reference
Pursuant to s.
227.21, Stats., DATCP will request permission from the attorney general and the revisor of statutes to incorporate the following standards by reference in this rule:
•The national institute of standards and technology handbook 44 (specifications, tolerances, and other technical requirements for weighing and measuring devices), 2003 edition.
•The national institute of standards and technology handbook 133 (checking the net contents of packaged goods), 2003 edition.
•Section 7 “test procedures" from the chapter titled “examination procedure for price verification," national institute of standards and technology handbook 130 (uniform laws and regulation in the areas of legal metrology and engine fuel quality), 2003 edition.
Copies of these standards are on file with DATCP, the secretary of state and the revisor of statutes.
Fiscal Estimate
Weights and measures service companies and vehicle scale operators are licensed and regulated by DATCP under Chapter
98 of the Statutes. Current law authorizes the department to adjust license fees by rule.
Currently, the department licenses an estimated 2011 vehicle scales and 208 service companies. These license fees generate an estimated $160,000 annually for DATCP's weights and measures inspection program. The proposed fee increases for vehicle scales and service companies are expected to generate an additional $97,000.
This rule also includes a requirement for certification of service company technicians, consistent with a voluntary service company technician testing program developed by the Central Weights and Measures Association. The rule imposes a $25 processing for testing and certification, and requires recertification of technicians every five years. DATCP has identified approximately 1,164 technicians employed by service companies. An estimated 800 technicians are likely to participate in the service company technician testing and certification program. The processing fee will generate about $20,000 during each five-year interval, and cover costs associated with administration and grading of the tests.
Initial Regulatory Flexibility Analysis
This rule will affect vehicle scale operators and weights and measures service companies, many of which are small businesses. The proposed fee increases for vehicle scale operators and private and “for hire" service companies are needed to ensure accurate weights and measures in this state. Testing and record keeping requirements in the rule are consistent with NIST standards and surrounding states, and considered as good business practices within the industry. The rule does not present an unreasonable burden to affected businesses.
Notice of Hearing
Natural Resources
(Fish, Game, etc.)
NOTICE IS HEREBY GIVEN that pursuant to ss.
90.21 (6),
169.11 (1) (a),
169.15 (5),
169.18 (5),
169.19 (6),
169.20 (4),
169.21 (3),
169.23 (3),
169.25 (6),
169.26 (4),
169.27 (4),
169.39 (2) and
(3),
227.11 (2) (a) and
227.24, Stats., interpreting ss.
90.21 (2) and
(5),
169.11 (1),
169.12 (1) and
(4),
169.14 (2),
169.15 (4),
169.18 (2) and
(3),
169.19 (2) and
(3),
169.20 (1),
(2) and
(3),
169.21 (1) and
(2),
169.23 (2),
169.25 (1),
(2),
(3),
(4) and
(5),
169.26 (1),
(2) and
(3),
169.27 (1),
(2) and
(3) and
169.31 (1) (a), Stats., the Department of Natural Resources will hold a public hearing on Natural Resources Board Emergency Order No. WM-03-03(E) relating to captive wildlife. This emergency order will take effect on January 1, 2003.
2001 Wisconsin Act 56 enacted on April 3, 2003 removed Wisconsin's captive wildlife laws from ch.
29, Stats., and created ch.
169, Stats. As of January 1, 2003, the effective date of most of the provisions of ch.
169, Stats., game farms, fur farms and other holders of live captive wildlife will be subject to regulation under ch.
169, Stats. This will include two new license requirements and requirements of operation. While Wis. Act 56 provides for a transfer of ch.
29, Stats., licenses to ch.
169, Stats., licenses, it does not automatically transfer the rules for captive animals held under ch.
29, Stats., to rules applicable to captive animals held under ch.
169, Stats. This rule will create ch.
NR 14 which will incorporate by reference most of the rules that were applicable to captive animals under ch.
29, Stats., and make it clear that those standards are now applicable to captive animals held under ch.
169, Stats.
In some areas the rule creates new standards. Section
NR 14.01, while incorporating many of the deer farm fence standards from ch.
NR 16, increases the required height of new fences from 8 feet to 10 feet. It also phases in a requirement that deer farms be double fenced unless the deer farm is enrolled in the chronic wasting disease herd monitoring or herd surveillance program. While the deadlines for the double fence regulations will likely not occur until after the expiration of this rule, they are included in order to put the public on notice of the requirements that will be proposed in the permanent rule proposal that will follow this emergency rule. A second area of change is in the fur farm rules where acreage requirements for new fur farms and tagging requirements for otter are created.
The rule creates a definition of sporting club for purposes of this fee waiver allowed for such groups. The rule also creates standards for the issuance of licenses for dog training clubs. This license did not exist previously and allows members of a dog training club to dog train on club premises under the authority of the club license. Without standards, it would be difficult if not impossible to implement this program.
Finally, the rule changes the license needed for commercial operations dealing in reptiles and amphibians from a commercial permit under ch.
NR 19 to a captive wild animal license under ch.
169, Stats. This change is required by Wis. Act 56.
Hearing Information
NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:
Thursday, January 16, 2003 at 1:00 p.m.
Room 027, GEF #2
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 Sue Solin at (608) 266-8204 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
The proposed changes will not result in any significant changes in spending or revenue. There are no government costs anticipated due to the provisions of this proposal.
Contact Information
Written comments on the emergency rule may be submitted to Ms. Sarah Hurley, Deputy Administrator, Division of Lands, Department of Natural Resources, P.O. Box 7921, Madison, WI 53707 no later than January 31, 2003. Written comments will have the same weight and effect as oral statements presented at the hearing.
A copy of the emergency rule may be obtained from the Bureau of Wildlife Management, P.O. Box 7921, Madison, WI 53707.
Notice of Hearings
Natural Resources
(Fish, Game, etc.)
[CR 02-144]
NOTICE IS HEREBY GIVEN that pursuant to ss.
29.041,
29.014 (1),
29.519 (1) (b) and
227.11 (2) (a), Stats., interpreting ss.
29.041,
29.014 (1) and
29.519 (1) (b), Stats., the Department of Natural Resources will hold public hearings on revisions to ss.
NR 25.05 and
25.06, Wis. Adm. Code, relating to smelt trawling in Green Bay. In the last decade smelt abundance has declined almost 95% in Lake Michigan. The proposed rule shortens the summer trawling season in Green Bay by approximately 6 weeks. The current season runs from June 15 to September 30; the proposed rule sets the season from July 1 to September 1. The total allowable smelt harvest from Green Bay is reduced from 351,993 pounds to 100,000 pounds.
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: Commercial fishers of smelt in Green Bay.
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.
Hearing Information
NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:
January 16, 2003 Room 310, Green Bay City Hall,
Thursday 100 N. Jefferson St., Green Bay
at 7:00 p.m.
January 21, 2003 Multi-purpose Room
Tuesday Lakeshore Tech. College
at 7:00 p.m. 1290 North Ave., Cleveland
January 22, 2003 “C" Auditorium, Milwaukee MATC
Wednesday 1036 North 8th Street, Milwaukee
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 Bill Horns at (608) 266-8782 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
There is no state fiscal effect.
Contact Information
Written comments on the proposed rule may be submitted to Mr. Bill Horns, Bureau of Fisheries Management and Habitat Protection, P.O. Box 7921, Madison, WI 53707 no later than January 31, 2003. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rule [FH-12-03] and fiscal estimate may be obtained from Mr. Horns.
Notice of Hearings
Natural Resources
(Fish, Game, etc.)
[CR 02-143]
NOTICE IS HEREBY GIVEN that pursuant to ss.
29.041,
29.014 (1),
29.519 (1) (b) and
227.11 (2) (a), Stats., interpreting ss.
29.041,
29.014 (1) and
29.519 (1) (b), Stats., the Department of Natural Resources will hold public hearings on revisions to s.
NR 25.09, Wis. Adm. Code, relating to commercial netting of whitefish in Lake Michigan. Under current rules, commercial whitefish trap nets must be removed from waters of Lake Michigan south of Kewaunee from June 28 through Labor Day. The proposed rule opens most the of the area of Lake Michigan south of Kewaunee to commercial trap netting during summer, while also defining an area between Manitowoc and Two Rivers where summer trap netting would continue to be banned. In addition, it reduces the number of trap nets from 12 to 6 that may be used by any individual license holder in Lake Michigan south of Kewaunee and establishes new net marking 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 regulatory flexibility analysis is as follows:
a. Types of small businesses affected: Commercial fishers of whitefish.
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.
Hearing Information
NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:
January 16, 2003 Room 310, Green Bay City Hall
Thursday 100 N. Jefferson St., Green Bay
at 7:00 p.m.
January 21, 2003 Multi-purpose Room
Tuesday Lakeshore Tech. College
at 7:00 p.m. 1290 North Ave., Cleveland
January 22, 2003 “C" Auditorium, Milwaukee MATC
Wednesday 1036 North 8th Street, Milwaukee
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 Bill Horns at (608) 266-8782 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
There is no state fiscal effect.
Contact Information
Written comments on the proposed rule may be submitted to Mr. Bill Horns, Bureau of Fisheries Management and Habitat Protection, P.O. Box 7921, Madison, WI 53707 no later than January 31, 2003. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rule [FH-46-02] and fiscal estimate may be obtained from Mr. Horns.
Notice of Hearings
Natural Resources
(Environmental Protection-Solid Waste Management)
[CR 02-145]
NOTICE IS HEREBY GIVEN that pursuant to ss.
289.61 and
227.11 (2) (a), Stats., interpreting s.
289.61, Stats., the Department of Natural Resources will hold public hearings on revisions to NR 520.04 and 520.13 Tables 2 and 3, Wis. Adm. Code, relating to adjusting solid waste licensing and plan review fees. As a result of a projected deficit in the solid waste program revenue account, the Department is proposing a 10% increase in plan review fees and annual license fees for landfills, other solid waste facilities and solid waste collection and transportation services. The new fee schedule would take effect on July 1, 2004.
The Department is also proposing to revise the amount of the landfill license fee surcharge. Currently the surcharge is set at 9 cents per ton of solid waste landfilled during each quarterly reporting period. This fee initially went into effect at 10 cents per ton in July 1996 subject to a sunset in December 1997. The fee became permanent at 9 cents per ton in October, 1997.
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. In general, these revisions will affect municipalities and larger 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.
Hearing Information
NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:
January 21, 2003 CS Conference Rm, 3rd floor GEF #3
Tuesday 125 S. Webster St.
at 1:00 p.m. Madison
January 22, 2003 Schmeekle Reserve, UW-Stevens Pt
Wednesday 2419 North Point Dr.
10:00 a.m. 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 Colleen Hellenbrand at (608) 267-7515 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
Over the past 5 years, the amount of waste disposed of in landfills on which environmental fees are assessed has averaged just under 9 million tons/year. While no clear trends have been observed during this period, we believe that ongoing waste reduction, recycling, and reuse may result in lower landfilled tonnages in come years.
Assuming annual landfilled tonnages between 8.6 and 9.0 million tons for the foreseeable future, the amount of revenue generated by the increases in the landfill license fee surcharge will range from approximately $258,000 and $270,000 in FY 03-04, $30,000 and $450,000 in FY 04-05, and $516,000 and $540,000 in FY 05-06 and subsequent years. We also estimate that the increases in plan review and license fees will generate approximately $128,850/year beginning in FY 04-05. The fee increases would affect both private and publicly owned facilities.
Currently there are 18 county-owned landfills and 5 owned by cities. Based on calendar year 2001 data, county landfills took in an average of 53,400 tons on which environmental fees were assessed. For city-owned landfills, the average was 32,500 tons. Therefore, the average county-owned landfill would pay an additional landfill license fee surcharge of approximately $1,600 in FY 03-04 up to $3,200 in FY 05-06. The average city-owned landfill would pay from $975 in FY 03-04 up to $1,950 in FY 05-06. With respect to plan review and license fees, we estimate that public owners will pay approximately one-fourth of the $128,850/year increase. Total annual impact = $65,900 to $99,700.
Contact Information
Written comments on the proposed rule may be submitted to Ms. Colleen Hellenbrand, Bureau of Waste Management, P.O. Box 7921, Madison, WI 53707 no later than January 29, 2003. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed [WA-45-02] rule and its fiscal estimate may be obtained from Ms. Hellenbrand.
Notice of Hearing
Natural Resources
(Environmental Protection-Water Supply)
[CR 02-147]
NOTICE IS HEREBY GIVEN that pursuant to ss.
280.11,
281.17 (8) and
227.11 (2) (a), 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 requirements for public water systems. The Interim Enhanced Surface Water Treatment Rule (IESWTR) and Disinfectants/Disinfection By-products Rule (D/DBPR) have been promulgated by the U. S. Environmental Protection as mandated by the 1996 amendments to the Safe Drinking Water Act. As the primacy agent for U.S. EPA in Wisconsin, the Department must adopt and implement regulations at least as stringent as those promulgated by U.S. EPA. The proposed rule revisions are a direct result of that requirement. Also included in the proposed rule are minor corrections to ch.
NR 809 that address cross-reference changes, typographical errors and omissions.
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:
January 22, 2003 Video conference participation will
Wednesday be available at:
10:00 a.m. Room 021, GEF #2 Building
101 S. Webster St., Madison
Room 542, State Office Building
819 N. 6th St., Milwaukee
Room 220 Main Building
UW-Marathon Co., 518 S. 7th Ave.,
Wausau
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 Carol McCurry at (608) 267-2449 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
Neither the department no local governments should experience cost increases as a result of these proposed revisions.
Contact Information
Written comments on the proposed rule may be submitted to Ms. Carol McCurry, Bureau of Drinking Water and Groundwater, P.O. Box7921, Madison, WI 53707 no later than February 3, 2003. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rule [DG-13-03] and fiscal estimate may be obtained from Ms. McCurry.
Notice of Hearing
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Pharmacy Examining Board in ss.
15.08 (5) (b),
227.11 (2) and
450.02 (3), Stats., and interpreting ss.
450.03 (2) and
450.04 (3), Stats., the Pharmacy Examining Board will hold a public hearing at the time and place indicated below to consider an order to amend s.
Phar 2.02 (1) (intro.), relating to filing completed applications for examinations.
Hearing Information
Date: January 14, 2003
Time: 9:30 a.m.
Location: 1400 East Washington Avenue
Room 179A
Madison, Wisconsin
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 January 31, 2003 to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing.
Current s.
Phar 2.02 (1) (intro.) requires that a completed application be on file at least 45 days prior to taking any required examinations for licensure. It has come to the board's attention that students graduating from pharmacy schools in the spring semester have difficulty assembling or having submitted required proofs in a timely manner from their respective schools. Such delays may result in a student not being able to take the first available examination following graduation. To remedy this problem, the board will amend s.
Phar 2.02 (1) (intro.) to change the application cut-off to 30 days. Such a change will not materially affect the board's or the department's ability to process applications but will increase the ability for newly graduated students to file completed applications in a timely manner.
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 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.
Contact Information
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.
