The governance of postsecondary education is a responsibility of individual states. There are no existing or proposed federal regulations that are intended to be addressed in the activities regulated by this rule.
Staff time required
It is estimated that 10 hours will be required to develop this rule order.
Natural Resources
Subject
Objective of the rule. The proposed rule, revising ch.
NR 47, will define the purpose, eligibility, application procedures, selection criteria, funding rates, audit procedures and general provisions of the Logging Certification Scholarship program.
Policy analysis
This is a new program with no prior policies or rules. The NRB has established administrative rules for several grant-type programs in the past however.
This program will affect individuals seeking Master Logger Certification (MLC). The intended purpose of the scholarship program will be to encourage and maintain participation in the Master Logger certification program. Quality logging professionals help to ensure sound management of our forests. The MLC program will facilitate production of certified forest products from Wisconsin's woodlands. The certified status of Wisconsin's forest products also helps satisfy the growing demand for such products and ensure Wisconsin's place in the global forest products marketplace.
Comparison with federal requirements
There are no companion federal regulations for the Master Logger program. The principles and standards of Wisconsin's MLC were patterned after a program established in the State of Maine but federal regulations or funding has not been involved.
Statutory authority
The FY05-07 budget created s.
26.39 (7), Wis. Stats. that awards a continuing appropriation to be provided annually to contribute to the cost of logging contractors seeking Master Logger Certification administered through the Wisconsin Professional Loggers Association (WPLA). The allocation for FY06 is to be $50,000 with subsequent fiscal years being funded at $150,000.
Staff time required
80 hours of Dept. staff time.
Natural Resources
Subject
Objective of the rule. Outstanding and Exceptional Resource Waters are listed in Chapter
NR 102 (Wis. Adm. Code), and are defined as waters which provide valuable fisheries, hydrologically or geologically unique features, outstanding recreational opportunities and unique environmental settings. A revision to Ch.
NR 102 – prompted by an August 2004 petition from Midwest Environmental Advocates, River Alliance of Wisconsin, and other conservation groups – is needed to list additional waters as Outstanding or Exceptional. The petition specifically asks the Department to provide additional regulatory protection for 100 of northern Wisconsin's highest quality rivers by designating those streams as Outstanding Resource Water (ORW) or Exceptional Resource Water (ERW). It is probable that a subset of the 100 segments will be recommended for designation. Attached is a pink sheet related to proposed code modifications to sections
NR 102.10 and
NR 102.11 to allow for the listing of additional waters as Outstanding or Exceptional Resource Waters (O/ERW), respectively. Upon adoption of the proposed revisions, newly designated waters would be afforded the additional regulatory protection that the O/ERW designations provide.
Policy analysis
To date, changes made to Outstanding and Exceptional Resource Waters, as listed in NR 102.10 and NR 102.11, have been initiated by the Department. An initial listing of O/ERW waterbodies was established in 1988 and1989, with subsequent additional designations being made in 1993 and 1998. The receipt of this August 2004 petition is the first time that the Department has addressed a public request to recommend additional waters as Outstanding or Exceptional. In this situation, the Department chose to evaluate those segments listed in the petition and will make a recommendation of those waterbody segments that can appropriately be recommended for O/ERW designation. Alternatively, a decision could have been made to not address the petition, and to continue making updates to NR 102.10 and NR 102.11 at the recommendation of the Natural Resource Board or as otherwise deemed necessary by Department Administration.
Statutory authority
Staff time required
To respond to the petition that was presented to the NRB, and to subsequently propose changes to those waters listed in NR 102.10 and NR 102.11, a Department workgroup will need to evaluate each of the waterbodies in question, and determine the appropriateness of classifying them as ORW or ERW. This process could take a significant amount of time, and it is estimated that approximately 800 hours of staff time will be needed to process this rule.
Comparison with federal requirements
Under the Clean Water Act, s. 303, the federal government requires the states to adopt water quality standards; however the federal government does not have its own water quality standards.
Entities affected by the rule
The listing of additional waterbodies as O/ERW in NR 102, as will result from action on the petition, could potentially affect numerous interest groups.
Various regional and statewide conservation organizations believe that designating specific streams in northern Wisconsin as ORW/ERW will provide additional protection many of the most highly valued waters that were identified by citizens of Northern Wisconsin during the development of the Northern Rivers Initiative of the mid to late-1990's.
Communities interested in expanding eco-tourism as a revenue base may find support by having more waters identified as O/ERW within their area of influence. This may have a positive impact on the economy of these communities.
Developers and others who manage shoreland property on O/ERW waters may be required to comply with provisions of Act 118 that are more restrictive than for those non-O/ERW waters. This is a result of the linkage between O/ERW designation and the “Areas of Special Natural Resources Interest" label that is required of such waters in Act 118.
Existing point source dischargers with a WPDES permit would be restricted in their ability in to
increase pollution loads unless certain conditions related directly to human health protection were satisfied. These same facilities would not be restricted from their current operating conditions, but would not be allowed to add to their existing waste load without meeting key conditions of Chapter
NR 207 of the Wisconsin Administrative Code.
Future point sources seeking a WPDES permit would be restricted to discharging wastewater that is of similar quality to the existing water quality of any stream segment listed as O/ERW. This may require very sophisticated wastewater treatment technology. Similar to existing WPDES Permittees, these prospective dischargers would be provided flexibility under Ch.
NR 207 if the discharge to an ERW were needed to prevent contamination of a drinking water supply.
Natural Resources
Subject
Objective of the rule. The Lake Superior State-Tribal Agreement guides state and tribal fishing on Lake Superior. Among other things, it specifies how many lake trout may be harvested by each of the parties. Recently, Department staff met with tribal representatives and agreed to amend the State-Tribal Agreement to establish new harvest limits. The proposed rule would codify the Anew harvest limits. The rule may also address other issues related to commercial fishing on Lake Superior.
Policy analysis
Because the Administrative Code must reflect the amendments to the State-Tribal Agreement, and because those amendments will take effect upon ratification by the parties, the Department will separately propose an emergency order to implement the agreed-upon increases in lake trout harvest limits immediately.
Statutory authority
Staff time required
Approximately 30 hours of staff time is needed.
Comparison with federal requirements
There are no applicable federal regulations.
Transportation
Subject
Objective of the rule. This rule making will amend ch.
Trans 102 to allow persons establishing Wisconsin residency 60 days to apply for a Wisconsin driver license rather than the current 30 days.
Policy analysis
Documentation required to prove Wisconsin residency is sometimes difficult or not possible to obtain within the currently required 30-day timeframe.
Comparison with federal requirements
The Department is unaware of any federal regulation requiring a person to obtain an operator's license within a specified time of establishing residency in a jurisdiction.
Entities affected by the rule
Persons establishing residency in Wisconsin wishing to obtain a Wisconsin driver license.
Statutory authority
Staff time required
20 hours.
Transportation
Subject
Objective of the rule. 2005 Wis. Act 25 (2005-07 Biennial Budget) mandates that all licensed motor vehicle dealers must process title and registration applications for vehicles they sell, unless DOT exempts the dealer from processing. Section
342.16 (1) (am) mandates that DOT promulgate rules to implement and administer the newly created law.
Policy analysis
This rule making will (1) implement and administer the requirement for licensed dealers to process title and registration applications; (2) specify what categories of dealers are not required to process title and registration applications under the new law, or under what circumstances would a dealer be exempted from processing some of the dealers' transactions; and (3) establish what fee will be charged to dealers for DOT to process title and registration applications, in various circumstances, including not only those dealers or types of transactions that are exempted by DOT, but also dealers who fail to comply with the law. The law and the administrative rule will be effective June 30, 2007.
The Department will consider existing policies that govern the current voluntary automated processing partnership program with third-party partners, existing policies that govern DMV title application processing, and existing policies that govern licensed motor vehicle dealers performance, in developing policies that will govern dealers' title and registration processing. New policies may be required, to account for mandatory dealer processing. Policy analysis will consider the volume of transactions that dealers process, the cost to dealers for equipment and communication links, cost to DMV to process transactions that dealers do not process, and similar variables.
Comparison with federal requirements
No federal regulations apply to the activities to be regulated to the proposed rule.
Entities affected by the rule
All licensed motor vehicle dealers, all persons who purchase motor vehicles from dealers, current and potential vendors of computerized title processing applications, current and potential DMV agents that issue temporary license plates and transmit to DMV title and registration applications.
Statutory authority
Staff time required
It is estimated that 200 hours will be spent to develop the administrative rule.
Veterans Affairs
Subject
Objective of the rule. The Department seeks to modify the veterans assistance program in two ways. First, to allow funding for eligible veterans that would enable the veteran to pursue vocational activities. Second, to increase the monthly program fee for residents of single room occupancy housing from 25% to 30% of monthly gross income.
Policy analysis
Under s.
45.357, Wis. Stats., the Department has broad authority to provide assistance to eligible persons who served in the U. S. Armed Forces who have needs based upon homelessness, incarceration, or other circumstances as defined by rule. The Department is authorized to designate the assistance available under the statutory language. The Department has identified a need to provide funding for expenses associated with the vocational activities. Additionally, the Department has determined that a minimal increase in the percentage of gross monthly income is needed to offset the cost of providing the shelter.
Statutory authority
Staff time required
Approximately 10 hours of Department of Veterans Affairs staff time will be needed to promulgate the rules.
Entities affected by the rule
The rule will affect recipients of benefits under the veterans assistance program.
Comparison with federal requirements
The veterans assistance program is operated under the authority of state law. There are no existing or proposed federal regulations that address the activities to be regulated by the rule.
