Register 598B: Rule-Making Notices (Hearing Notices)

Wisconsin Administrative Register No. 598, 10/31/2005

Rule-making notices

Notice of Hearing

Administration

NOTICE IS HEREBY GIVEN that pursuant to ss. 16.004 (1), 227.11 (2) (a), and 16.855 (15), Stats., and interpreting ss. 16.85 and 16.855, Stats., the Department of Administration will hold a public hearing on a proposed rule order amending chs. Adm 20 and 21 relating to architect/engineer selection and construction contracting for facilities owned by the State of Wisconsin.

Hearing Information

Date: November 15, 2005

Time: 3:00 P.M.

Location: Wis. Department of Administration Building
101 East Wilson Street
First Floor, St. Croix Conference Room
Madison, Wisconsin

Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are also urged to submit facts, opinions and arguments in writing as well. Written comments from persons unable to attend the public hearing, or who wish to supplement testimony offered at the hearing, should be directed to: Donna Sorenson, Department of Administration, P.O. Box 7864, Madison, WI 53707-7864. Written comments must be received by November 29, 2005, to be included in the record of rule-making proceedings.

Rule summary

Statutes interpreted: ss. 16.85, 16.855 and 16.87, Stats.

Statutory authority: ss. 16.004 (1) and 16.855 (15), Stats.

Explanation of agency authority

Pursuant to s. 16.85, Stats., the Wisconsin Department of Administration is responsible for the supervision of all engineering, architectural services or construction work performed by, or for, the state in the construction and acquisition of new buildings or improvements and additions to existing buildings.

Related statute or rule

None applicable.

Plain language analysis

The department proposes amending Chs. Adm 20 and 21, regarding the department's requirements for architect/engineer services solicitation and construction contracting.

Proposed revisions to ch. Adm 20 raise dollar threshold minimums for the architect/engineer selection committee for large projects and allow an additional owner agency voting member on the committee.

Section Adm 20.02 and 21.02, definitions are rewritten and reordered for clarification and consistency with administrative rule writing procedures.

Proposed revisions to Adm 20.03, 20.08 and 20.09 allow new or additional delegation and signature authority as a process improvement.

Sections Adm 20.05, 20.06 and 20.08 are revised to recognize current business practices with regard to department project advertising and solicitation via the department's official website, again as a method of process improvement as well as industry standard.

Proposed Adm 20.04 has raised a threshold dollar level for selection committee interviews to $5,000,000 reflecting the increases in construction costs over the last two decades and to more accurately reflect the typical size and complexity of projects requiring architect/engineer interviewing. Raising the threshold also provides more opportunity for Wisconsin architects/engineers to increase their experience portfolio of larger projects.

The proposed rule in s. Adm 21.02 further allows for the department to determine that a bidder is unqualified based on noncompliance with other agency requirements and also requires responsible bidders to have an established safety program.

The proposed rule amends s. Adm 21.09 to permit greater department latitude in negotiating deductive changes with the lowest construction bidder(s) for better project budget management.

Other sections provide for non-substantive changes reflecting architect, engineer or project information submittal requirements necessary for department processing of projects.

Several other sections reflect administrative rule revisions required for consistency with statutes and recent statutory changes regarding dollar thresholds for project approvals and required signatures in project approvals.

Summary of, and comparison with existing or proposed federal regulation:

The State of Wisconsin utilizes Qualifications-Based Selection for architectural and engineering services for State projects. The federal government in 1972 passed The Brooks Act requiring federal government agencies to utilize Qualifications-Based Selection (QBS) for federal projects. This act requires the following for federal projects: 1) Statements of qualifications from architect/engineer firms; 2) Evaluation of statements by evaluation boards; 3) Interviews with firms after short-listing top firms; and 4) Ranking and subsequent negotiation with the top ranked firm.

Since the passage of the Brooks Act, 45 other states have passed similar Qualifications-Based Selection criteria for architectural and engineering services and have applied these types of requirements for public works and in some cases private commercial projects.

The State of Wisconsin administrative code chapter Adm 20, Selecting and Contracting Architect/Engineer Services is consistent with The Brooks Act and has been in place since last revision in 1979. This administrative rule change seeks to update rules for current business practices as well as more consistent dollar threshold values.

Comparison with rules in adjacent states

A review of neighboring states indicates Minnesota and Michigan utilize website project solicitation with differing thresholds. Minnesota threshold for selection is $2,000,000, Michigan threshold is $1,000,000, Illinois threshold is $250,000 also with a qualifications-based architect/engineer selection process. Minor differences in the rules from state to state exist in committee makeup and other threshold values. All utilize and recognize website project posting.

Summary of factual data and analytical methodologies

The current rule has been in existence since 1979 with little or no updating. The inflation index and increasing costs of services has created a condition in which the 1979 threshold level is approximately 50% of where it should be. This has created a condition requiring excessive oversight of smaller dollar value projects.

Business practices since 1979 have also radically changed. This proposed rule change reflects current practices such as electronic and web based advertisement, electronic document exchange and acceptance and electronic notifications. This will enhance the construction of state projects and speed up the processing of construction documents. Most other states as well as the Federal government utilize electronic advertising of projects as well as electronic document exchange.

Anticipated costs incurred by the private sector

$408,000 est. annual savings.

Waiving 3 of the 4 requirements of s. 20.02 (4) will provide more flexibility and opportunities for small, Wisconsin-based architect/engineering firms to submit their qualifications and provide services and establish a performance evaluation for smaller projects. Waiver is permissive in that making a selection of those projects with greater risk can still be evaluated using all of the requirements.

Approximately $17,000 per interview per firm multiplied by approximately 6 interviews per year is the estimated savings by increasing the threshold to $5 million in the interview process. Typically, four firms are invited to interview. Likewise, Wisconsin architects/engineers can more easily qualify for $5 million projects by making it easier to be selected for projects of 50% of the size ($5 million). Currently, if a firm cannot meet the experience requirement of 50% of the size, the firms will partner with an out-of-state firm to meet the qualification.

Moving toward more electronic notifications requires firms to have computers with internet access or access those locations which provide public internet service for free or a nominal charge. Costs incurred for this are offset by eliminating manual paper processing of documents and creating more efficiency and timeliness for consultants to learn about projects and show interest in those projects they are most qualified for. Also, web advertising is visible to a greater number of potentially qualified design candidates and allows for confidential letters of interest to be read only by those staff most involved with the project allowing opportunity for dialogue.

Effect on Small Business

The department does not foresee any negative impact on small businesses. As indicated in item number 10, given the less restrictive requirements, added access to the department via other media and changes in dollar thresholds, the department foresees a positive impact.

Contact Person

Donna Sorenson

Department of Administration

(608) 266-2887

Donna.sorenson@.doa.state.wi.us

Text of Rule

SECTION 1. Adm 20.02 is repealed and recreated to read:

Adm 20.02 Definitions. In this chapter:

(1) “Approval" means the written or electronic procedure for evaluation and acceptance.

(2) “Architect/engineer" means a member of the design profession, registered under ch. 443, Stats. and is meant to refer to either an architect or an engineer, whichever is appropriate. The term shall apply to an individual or firm which provides architectural or engineering services, or both, and is not intended to impose the requirement of both registrations on an individual or individuals within a design firm.

(3) “Architect/engineer data record form" means a form upon which architects/engineers shall provide specific data requested by the department which will facilitate evaluation of architect/engineer eligibility, performance capabilities, experience, personnel and staff and statistics on past and present projects.

(4) “Architect/engineer proposal" means those documents submitted by an architect/engineer, indicating interest in providing professional services to the state for a specific project. The documents may include a fully executed architect/engineer data record form, a tentative schedule to include the method and staff that would be employed to meet the requirements of the proposed projects and such other materials as requested by the selection committee in the advertisement for architect/engineer proposals.

(5) “Department" means the department of administration. This also includes any organizational entity of the department of administration, which is assigned the responsibility for providing and supervising the architectural and engineering services performed by, or for, the state, as provided for in s. 16.85, Stats.

(6) “Eligible architect/engineer" means an architect/ engineer who meets or exceeds the following criteria in order to be considered by the selection committee for a project:

(a) Has more than one architect/engineer as a responsible member of the firm.

(b) Has been in business for a period of not less than 3 years.

(c) Has a permanent office within Wisconsin, where responsible direction of all services will be based. Out-of-state firms will be considered when the selection committee determines there are no Wisconsin firms qualified or available to provide the services required.

(d) Has been responsible for the design and substantial completion of a similar project with a total construction cost or size of at least 50% as large as the construction cost or size of the project under consideration.

(e) For projects less than $1,000,000 or when it becomes apparent to the selection committee that a project is of such a size or has such unique characteristics that special architect/engineer project responsibility is warranted, the selection committee, by vote, may set appropriate standards of acceptability different from pars. (a), (b) and (d).

Note: The department will post additional information regarding selection committee requirements for projects at the time of project advertising. Additional information regarding selection committee policy and procedures maybe be obtained at the department website, www.doa.state.wi.us/dsf.

(7) “Selection committee" means a standing group composed of 5 state employees appointed by the secretary of the department of administration including one who shall also be designated as chairperson, and a minimum of 3 who shall be registered architects/engineers. The agency for whom the project is to be constructed will be requested to appoint 2 representatives to serve as additional members on the committee for the selection of an architect/engineer for that project. If after appropriate notice, the agency fails to have any representative at the selection committee meeting, such absence shall be considered a waiver of their vote on the architect/engineer selection for that project. Each committee member shall have one vote.

SECTION 2. Adm 20.03 (1) is amended to read:

Adm 20.03 Convening of selection committee. (1) At the call of the chairperson, or the chairperson's designee, the selection committee shall convene for the purpose of initiating and carrying out the process of selecting architects/engineers for projects approved by the state building commission.

SECTION 3. Adm 20.03 (2) (e) is created to read:

Adm 20.03 (2) (e) Other pertinent project information.

SECTION 4. Adm 20.03 (4) is created to read:

Adm 20.03 (4) The chairperson of the selection committee, or the chairperson's designee, may nominate an architect/engineer for emergency projects approved by the governor under s. 16.855 (16) (b) 2., Stats., without solicitation or selection committee action. The chairperson, or chairperson's designee, shall notify the selection committee of any emergency nomination action at the next scheduled selection committee meeting.

SECTION 5. Adm 20.04 (1) and (2) are amended to read:

Adm 20.04 Selection procedures. (1) When selecting an architect/engineer for a project when the estimated project cost is less than $2,500,000 $5,000,000, the selection committee may utilize the simplified selection by nomination procedure specified in s. Adm 20.05.

(2) When selecting an architect/engineer for a project that has an estimated project cost of $2,500,000 $5,000,000 or more, the selection committee shall require the more detailed procedure for selection by advertisement, review and interview as specified in ss. Adm 20.06, 20.07 and 20.08.

SECTION 6. Adm 20.05 is repealed and recreated to read:

Adm 20.05 Selection by nomination. (1) The department shall solicit for architects/engineers by posting an advertisement for the project on the department's official website. The advertisement shall include a project description, proposed budget, schedule and a contact name for questions during the solicitation period. Architects/engineers who are interested in a project may submit a letter of interest through the website for review by the selection committee.

(2) An architect/engineer responding to the project solicitation shall provide all of the following information in the letter of interest:

(a) Completed and updated architect/engineer data record form, if one has not previously been provided.

(b) List of similar projects the architect/engineer has, at minimum, substantially completed, including approximate project square footage or cost of project.

(d) Schedule indicating when the architect/engineer can begin project work.

(e) Any other pertinent information indicating the architect's/engineer's qualifications and experience.

(3) The department shall make copies of the data record forms and the submitted architect/engineer letters of interest available to the selection committee for consideration for each project.

(4) The selection committee's evaluation of all interested architects/engineers shall also give consideration to the qualification criteria stated in Adm 20.07 (3).

(5) The selection committee shall submit its first and second recommendations for selection of an architect/engineer to the secretary of the department, or the secretary's designee, accompanied with justification supporting their recommendations.

(6) The selection committee shall keep the minutes of the selection committee meeting and shall record the name of the architects/engineers considered for each project and the action taken by the selection committee and justification supporting the selection committee recommendations.

(7) The secretary of the department, or the secretary's designee, shall consider the selection committee's recommendations, and inform the selection committee of the approval or disapproval of the recommended architect/engineer.

(8) The department shall repeat the selection process if the secretary of the department, or the secretary's designee, does not accept the selection committee's recommendations.

(9) When the selection of an architect/engineer has been finalized, the department shall establish a time and date for the architect/engineer to meet with the department's designated representative to negotiate a contract. If negotiations with the selected architect/engineer firm do not reach consensus, negotiations may be initiated with the second qualified architect/engineer firm as determined by the selection committee.

(10) The department shall post the results of the selection on the department's official website.

(11) If at any time during the selection process the department determines submitted materials misrepresent qualifications, the department may reject the letter of interest of a recommended architect/engineer.

Note: The Wisconsin Department of Administration Division of State Facilities official website is www.doa.state.wi.us/dsf. Forms, publications and information regarding architect/engineer selection and proposed projects may be obtained from this website.

SECTION 7. Adm 20.06 (1) is amended to read:

Adm 20.06 Selection by advertisement. (1) For all projects having an estimated project cost which would exceed $2,500,000 of $5,000,000 or more, an invitation for architects/engineers to submit proposals for consideration by the selection committee, shall be published in a class 2 notice under ch. 985 Stats. in the official state paper. The notice shall include the following information:

SECTION 8. Adm 20.06 (1) (c) is repealed and recreated to read:

Adm 20.06 (1) (c) Architect/engineer qualification requirements.

SECTION 9. Adm 20.06 (1) (e) is repealed and recreated to read:

Adm 20.06 (1) (e) Project description, estimated project budget and schedule.

SECTION 10. Adm 20.06 (1) (g) and (h) are created to read:

Adm 20.06 (1) (g) Criteria used in ranking architects/engineers to qualify for the interview process.

(h) Other information pertinent to the solicitation regarding the qualifications of the architect/engineer firm.

SECTION 11. Adm 20.07 (3) (f) is created to read:

Adm 20.07 (3) (f) Other information pertinent to the review of architect/engineer qualifications.

SECTION 12. Adm 20.07 (4) is amended to read:

Adm 20.07 (4) Consideration may be given to joint ventures associations consisting of 2 or more architect/engineer firms organized for the purposes of furnishing professional services as a single entity, providing the assignment of and provisions for continuity of the various responsibilities within the joint venture association are approved by the selection committee and further providing that the combination of the qualifications of the individual firms constituting the joint venture association makes the team eligible for selection as defined in s. Adm 20.02 (4) and the qualification requirements indicated in sub. (3). Those firms that are party to an association that are invited to interview in accordance with s. Adm 20.08 (1) shall submit at the interview an executed draft association agreement in principal between the parties. Firms that are party to an association, selected in accordance with s. Adm 20.08 (6), shall submit a final executed association agreement between the parties prior to execution of a contract in accordance with s. Adm 20.09. The association agreement shall indicate how responsibilities will be shared, how tasks will be divided and the firms or individuals that will be assigned the responsibilities and tasks.

SECTION 13. Adm 20.08 (1) is amended to read:

Adm 20.08 Interview. (1) Those architects/engineers deemed to be the best qualified, shall be notified and date and time shall be arranged for them to appear before the selection committee for the purpose of presenting their understanding of the scope of services required and their proposed method of meeting the program. , including appropriateness and adherence to project budget and schedule. A copy of the evaluation form and interview questionnaire used by the selection committee will be furnished to the architect/engineer at least 10 days prior to their scheduled appearance.

SECTION 14. Adm 20.08 (5) and (6) are amended to read:

Adm 20.08 (5) The selection committee will submit their first and second recommendation for selection of an architect/engineer to the secretary of the department or the secretary's designee.

(6) The secretary of the department, or the secretary's designee, will consider the selection committee's recommendations, and inform the selection committee of the results of that consideration.

SECTION 15. Adm 20.08 (8) and (9) are amended to read:

Adm 20.08 (8) Negotiations for contract shall be conducted in the same manner as that specified in s. Adm 20.05 (11) (9).

(9) As soon after the selection of an architect/engineer has been confirmed, an announcement shall be sent to all architects/engineers who were interviewed, informing them of the selection committee action. After confirmation of the selection, the department shall notify all interviewed architects/engineers informing them of the selection committee action and post results of selection on the department's official website. Any architect/engineer who was interviewed may upon request, inspect the selection committee interview evaluation of their firm.

SECTION 16. Adm 20.09 (2), (a) and (b) are amended to read:

Adm 20.09 (2) Upon return of contracts from the architect/engineer, the department shall be guided by the following procedure regarding final approval: Final approval authority for contracts shall be guided by all of the following:

(a) The approving authority for contracts less than $15,000 the threshold prescribed in s. 16.87(3), Stats., is vested in the department secretary or a designee thereof. or the secretary's designee.

(b) Contracts of $15,000 the threshold prescribed in s. 16.87(3), Stats., or more must be signed by the department secretary or a designee thereof, or the secretary's designee, and forwarded to the governor for approval.

SECTION 17. Adm 20.09 (3) (b) and (c) are amended to read:

Adm 20.09 (3) (b) Change order requests shall be reviewed by the appropriate department representative coordinating the project implementation and by that employee's supervisor. If the request is approved by the department representative's supervisor, the recommendation shall be processed in the form of a change order and submitted to the department secretary or a designee thereof, or the secretary's designee, in accordance with s. 16.87(3), Stats., for approval. When the change order amounts to $15,000 or more it shall also be submitted to the governor for approval.

(c) A change order to the architect/engineer contract shall contain: specific information which will document the reason for the contract change, a description of the work involved, any change to the schedule, and the maximum cost limit.

SECTION 18. Adm 20.10 (4) and (5) are amended to read:

Adm 20.10 (4) The evaluation summary of the performance evaluation reports shall contain the significant evaluations of strengths and weaknesses and shall be utilized as a report to the selection committee and a basis for review with the architect/engineer. The summary shall be placed in the evaluation file.

(5) The professional service evaluation summary will be reviewed with the architect/engineer upon request. An entry shall may be made in the evaluation file to acknowledge the review with the architect/engineer, rating information, summary, or corrective measures to be taken as pertinent to providing good performance services, and any comments the architect/engineer desires to include as part of the record. The architect/engineer may appeal to the department any portion of the evaluation summary within a period of 30 calendar days after the architect/engineer has been notified of the evaluation.

SECTION 19. Adm 21.01 (2) is amended to read:

Adm 21.01 (2) These rules shall apply to all state construction projects when the estimated construction cost exceeds $30,000 the threshold prescribed in s. 16.855(1), Stats.

SECTION 20. Adm 21.02 is repealed and recreated to read:

Adm 21.02 Definitions. In this chapter:

(1) “Advertise for proposals" means a written notice announcing that sealed bids will be received for a specific construction project, inviting prospective bidders to obtain or review drawings and specifications for the purpose of submitting a bid to do work. The advertisement for proposals shall contain as a minimum, the following information:

(a) Location of the work.

(b) Identification of owner.

(c) Scope of the work, which describes such items as square footage, number of floors and primary function(s) of the project.

(d) A 10% bid guarantee is required.

(e) Date and time receipt of bids will close and public opening will occur.

(f) Location where bids will be received.

(g) Date and place where drawings and specifications will be available.

(2) “Bid" means the completed standard bid form on which the bidder has set forth the price or prices for which the bidder is willing to enter into a contract to perform and complete the work bid, in full compliance with the contract documents.

(3) “Bid guarantee" means a properly executed department of administration form of bid bond, a bank certified check, or a cashier's check, in an amount equal to 10% of the highest combination base bid(s) and alternate bids submitted. In the event the federal government participates in a state project, the bid guarantee shall be as specified by the federal government, but not less than 10%.

(4) “Bidder" means an individual, partnership, or corporation that submits a bid.

(5) “Bidders authorized representative" means an individual who has been provided in writing, the authority to act in the bidder's behalf.

(6) “Bidding period" means that time span from the date of first publication of the advertisement for proposals to the date of bid opening.

(7) “Lowest qualified responsible bidder" shall be defined to include all of the following which must be met to be considered for award of contract:

(a) Lowest bidder. The lowest bidder is one whose bid contains the lowest total dollar amount when compared with other bids submitted for the same work. Should the specifications require evaluation of other factors in conjunction with lowest dollar amount to determine the lowest bidder, a formula shall be specified which will permit the conversion of evaluation factors to a dollar value.

(b) Qualified bidder. A qualified bidder is one who meets the following conditions:

1. Has completed one or more projects of at least 50% of the size or value of the division of work being bid and the type of work completed is similar to that being bid. If a greater magnitude of experience is deemed necessary, other than size or value of the work, such requirements will be described in the specifications.

2. Has access to all necessary equipment and has organizational capacity and technical competence necessary to enable performance of the work properly and expeditiously.

3. Consideration will be given to associations consisting of 2 or more contracting firms organized for the purpose of entering into a construction contract as a single entity, providing the assignment of and provisions for continuity of the various responsibilities within the association are agreed upon prior to award of contract and further providing that either of the individual firms constituting the association is qualified as defined herein.

4. In the event that the project is of such magnitude as to limit competition as a result of the conditions established for qualification, the department may waive the condition for bidder qualification.

5. The department may require bidders to submit sworn statements as to financial ability, equipment and experience in construction and require other such information as may be necessary to determine their competency. Bidders failing to submit required sworn statements shall be deemed not qualified.

1. Maintains a permanent place of business.

2. Provides a sworn statement upon request, which evidences the bidder has adequate financial resources to complete the work being bid, as well as all other work the bidder is presently under contract to complete.

3. Is bondable for the terms of the proposed contract.

4. Has a record of satisfactorily completing past projects. Criteria which will be considered in determining satisfactory completion of projects by contractors and subcontractors will include:

a. Completed contracts in accordance with drawings and specifications.

b. Diligently pursued execution of the work and completed contracts according to the established time schedule unless extensions are granted by the owner.

c. Fulfilled guarantee requirements of the contract documents.

d. Established and diligently maintained a satisfactory affirmative action program in accordance with the contract provisions.

e. Established and diligently maintained a satisfactory safety program in accordance with the contract provisions.

5. Is not presently on an ineligible list maintained by the department of administration for noncompliance with equal employment opportunities and affirmative action requirements as provided for in s. 16.765 (9), Stats., or on any other agency list for violation of statutes or administrative rules.

(8) “Omission, error or mistake" are terms used interchangeably and synonymously, constituting a neglect to provide something that is required or a departure from accuracy.

(9) “Supporting documents" means those documents packaged with a bid including, but not limited to, bid guarantee, power of attorney if bid bond is submitted as bid guarantee, affidavit form and other information specifically requested. Materials submitted with the bid form that are unsolicited are deemed to be fugitive materials and shall not be considered in determining the lowest bidder or award of contract.

SECTION 21. Adm 21.05 (2) is amended to read:

Adm 21.05 (2) Should the bidder not possess the special envelope described in sub. (1), the bidder should shall place the following information on the face of the outermost envelope containing the bidder's proposal:

SECTION 22. Adm 21.05 (5) is amended to read:

Adm 21.05 (5) Sealed bids received by the department of administration, after the date and time designated in the advertisement for proposal, shall have the date and time of receipt stamped upon the face of the envelope and returned to the bidder unopened. The department shall determine envelopes that conform with this section in the best interests of the state.

SECTION 23. Adm 21.09 (4) is amended to read:

Adm 21.09 (4) Should the total of the proposals submitted by the lowest qualified responsible bidder(s) exceed the limits imposed by authorized funds, the department of administration may negotiate deductive changes, not to exceed 5% of the total bid by any of the lowest qualified responsible bidders in the lowest qualified bid for each contract to bring the bids within funding limits.

Notice of Hearings

Natural Resources
(Fish, Game, etc.)

[CR 05-102]

NOTICE IS HEREBY GIVEN that pursuant to ss. 27.01 (2), 29.014, 29.041, 29.089 (3) and 227.11 (2) (a), Stats., interpreting s. 29.014, 29.041 and 29.0839 (3), Stats., the Department of Natural Resources will hold public hearings to revise chs. NR 10 and 45, Wis. Adm. Code, relating to small game and expanded spring turkey hunting in state parks. The proposed rule removes sunset dates from ch. NR 10 which will allow the hunting of small game, upland game birds and migratory game birds to continue at Mill Bluff and Mirror Lake state parks. The proposed rule also discontinues the hunting of small game, upland and migratory game birds at Newport and Governor Dodge state parks. The proposed rule also creates three new state park turkey management zones in Willow River, Interstate and Newport state parks. These parks will be included in the Department's annual turkey management permit issuance system. An additional special permit to hunt turkey in these parks will no longer be required.

NOTICE IS HEREBY FURTHER GIVEN that the Department master plans for affected state parks may be modified based on the proposed rule revisions.. The Department will accept comments on possible modifications to the master plans relating to hunting in the affected state parks

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. The Department's Small Business Regulatory Coordinator may be contacted at:
SmallBusinessReg.Coordinator@dnr.state.wi.us or by calling (608) 266-1959.

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:

Monday, December 5, 2005 at 6:00 p.m.

County Board Room, Door County Courthouse

421 Nebraska St.

Sturgeon Bay

Tuesday, December 6, 2005 at 6:00 p.m.

Community Room, St. Croix Co. Courthouse

1101 Carmichael Road

Hudson

Wednesday, December 7, 2005 at 6:00 p.m.

Community Center, Kilbourn Public Library

620 Elm Street

Wis. Dells

Thursday, December 8, 2005 at 6:00 p.m.

Prairie Conference Room, DNR Service Center

1500 N. Johns St.

Dodgeville

NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of information 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.

Fiscal Estimate

1. Supplies and Services:

Vehicle Maintenance and Expenses for Increased Patrol

$1,000 per park ($1,000 x 5) $5,000

2. Salaries and Fringes - $30 per hour.

Selling Park Permits, Admitting Hunters to Park and/or Issuing Permits & Law Enforcement during Hunting Seasons:

Small Game: 1 hour per park per day at $30 per hour
(1 x 2 x 45 x $30) $2,700

Turkey: 1 hour per park per day at $30 per hour
(1 x 3 x 15 x $30) $1,350

[Based on 15 days of spring turkey hunting and 45 days of small game hunting]

Total Cost $9,050

The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site: adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. mail to Mr. Kurt Thiede, Bureau of Wildlife Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until December 9, 2005. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings. A personal copy of the proposed rule and fiscal estimate may be obtained from Mr. Thiede.

Notice of Hearing

Natural Resources
(Fish, Game, etc.)

[CR 05-101]

NOTICE IS HEREBY GIVEN that pursuant to ss. 29.014 (1) and 227.11 (2) (a), Stats., interpreting 29.014 (1), Stats., the Department of Natural Resources will hold a public hearing on revisions to s. NR 20.20, Wis. Adm. Code, relating to hook and line walleye, sauger and hybrids fishing in Sherman Lake, Vilas County and Bass (Patterson) Lake, Washburn County. The proposed rule eliminates the daily bag limits and size limits for walleye, sauger and hybrids on these two lakes. In addition, there will be no closed season for walleye, sauger and hybrids on these two lakes resulting in greater harvest opportunity for anglers. This proposed rule is part of a walleye research project being conducted by the Department to investigate the long-term effects of high harvest on walleye populations in northern Wisconsin.

NOTICE IS HEREBY FURTHER GIVEN that the hearing will beheld on:

Thursday, November 17, 2005 at 1:00 p.m.

Large Conference Room, DNR Service Center

875 S. 4th Ave.

Park Falls

NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of information material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Edward Emmons at (608) 221-6334 with specific information on your request at least 10 days before the date of the scheduled hearing.

Fiscal Estimate

There is no state or local government fiscal impact anticipated.

The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site: adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. mail to Mr. Edward Emmons, Bureau of Science Services, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until November 30,2005. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings. A personal copy of the proposed rule and fiscal estimate may be obtained from Mr. Emmons.

Notice of Hearing

Natural Resources
(Environmental Protection - General)

[CR 05-100]

NOTICE IS HEREBY GIVEN that pursuant to ss. 227.11 (2) (a) and 281.68, Stats., interpreting s. 281.68, Stats., the Department of Natural Resources will hold a public hearing on the creation of ch. NR 192, Wis. Adm. Code, relating to lake monitoring contracts and the citizen lake monitoring network. The proposed rule implements s. 281.68 (2) (b), Stats., that allows the Department to award contracts from the lake protection grant appropriation, s. 20.370 (6) (ar), Stats., for the creation and support of a statewide lake monitoring network to collect information about the environmental health of the state's lakes. The Department may use up to 10% of the annual lake protection grant appropriation to fund the network through contracts to groups and individuals. The Department will register, train and equip citizens to collect data that the Department will receive and analyze and make available to the public. The rule lists the types of monitoring activities citizens may conduct. The Department will provide monitoring protocols to assure consistent results. Qualified citizen monitors must participate in Department sponsored training and have access to a boat, computer and telephone. The Department may use contracts with other agencies and private corporations to provide the training, equipment and other goods and services needed to support the network. The process for issuing contracts will comply with all applicable state law.

NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:

Tuesday, November 22, 2005 at 11:00 a.m.

Room 613, GEF #2

101 South Webster Street

Madison, WI

NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of information material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Carroll Schaal at (608) 261-6423 with specific information on your request at least 10 days before the date of the scheduled hearing.

Fiscal Estimate

This rule is implementing a statutory change, and the rule itself has so state fiscal impact.

For 2005 - 2006, 10% of the lake protection grant allocation is approximately $370,000. These are funds that otherwise would go to units of local government, lake associations and non profit conservation organizations for lake planning, lake protection and aquatic invasive species control grants. While this will decrease the number of grants the department will be able to award, the reduction will be offset by expanded use of volunteer lake monitoring through the contracts.

The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site: adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. mail to Mr. Carroll Schaal, Bureau of Fisheries Management and Habitat Protection, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until November 30, 2005. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings. A personal copy of the proposed rule and fiscal estimate may be obtained from Mr. Schaal.

Notice of Hearings

Natural Resources
(Environmental Protection - Air Management)

[CR 03-118]

NOTICE IS HEREBY GIVEN that pursuant to ss. 227.11 (2) (a), 285.11 (1), (16) and (17) and 285.65 (14), Stats., interpreting ss. 285.11 (6), 285.60 and 285.61, Stats., the Department of Natural Resources will hold public hearings on revisions to chs. NR 405, 408 and 484, Wis. Adm. Code, relating to incorporation of federal changes to the air permitting program. On December 31, 2002, the U.S. EPA promulgated federal rules which significantly changed the federal new source review (NSR) program for major emission sources located in both attainment and nonattainment areas. The major elements of the Department's proposed implementation are:

1. Baseline actual emissions – The Department is proposing that facilities determine baseline actual emission rates for use in calculating emissions increases and establishing plant-wide applicability limitations by using any 24 consecutive month period in the past 10 years. Although all emissions units affected by the change must use the same baseline period for the air contaminant being addressed, a different baseline period may be used for differing air contaminants.

2. Methodology for calculating emission increases – The Department is proposing that the federal applicability test, including a demand growth factor, be adopted. In calculating emissions that result from a change, facilities may either project actual emissions resulting from the change or choose to utilize potential emissions. Baseline actual emissions are subtracted from projected actual/potential emissions to determine whether a significant net emissions increase will occur as a result of the project. The department is proposing record keeping and reporting requirements for those instances where there is a reasonable possibility that a project could result in a significant net emissions increase.

3. Plant-wide applicability limitations (PALs) – The Department is proposing that the federal PAL proposal be accepted in Wisconsin. The PAL would be calculated the same as baseline actual emissions plus a significance threshold. Projects occurring within facilities that would be regulated under a PAL would be exempt from federal new source review requirements if they will not result in emissions exceeding the PAL level.

NOTICE IS HEREBY GIVEN that pursuant to ss. 227.11 (2) (a), 285.11 (1), (6) and (17), 285.60 (6) and 285.69 (1), Stats., interpreting ss. 285.11 (6) and (17), 285.60 and 285.61, Stats., the Department of Natural Resources will hold public hearings on revisions to chs. NR 406, 407 and 410, Wis. Adm. Code, relating to providing the interface of the state air permitting programs with federal changes to the air permitting program. The State Implementation Plan developed under s. 285.11 (6), Stats., will also be revised. On December 31, 2002, the U.S. Environmental Protection Agency published regulations that significantly changed the way new and modified sources of air pollution are permitted. Changes necessary to implement the federal program cannot be fully utilized unless additional changes are made to the state construction and operation permitting regulations. The proposed rule revisions have been designed to take full advantage of the flexibility made available under the proposed changes that adopt the federal air permitting revisions without compromising on Department or public opportunity for review. The proposed rule revisions are intended to provide flexibility to stationary sources utilizing the permit applicability exclusions provided within the federal rule changes.

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 hearings will be held on:

Wednesday, November 16, 2005 at 1:00 p.m.

Conference Room 1, Portage Co. Courthouse Annex.

1462 Strongs Ave.

Stevens Point

Friday, November 18, 2005 at 10:00 a.m.

Room GO9, GEF #2

101 South Webster St.

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 Robert Eckdale at (608) 266-2856 with specific information on your request at least 10 days before the date of the scheduled hearing.

Fiscal Estimate

Because these rule revisions will reduce the number of PSD/NSR permits that the department will process annually, revenues from the completion of these permits will be lost. Based upon 2002 permitting efforts, the department estimates this lost revenue to be $480,000 annually. Increasing minor source permitting efforts may result due to less regulatory burden, the department estimates that this increasing level would equal $140,000.

The department estimates that although these revisions will reduce the number of projects that would be subject to permitting under the PSD/NSR program, the department will be required to spend resources conducting complex applicability determinations and preparing exclusions from the PSD/NSR program under the options provided for in the rule revisions. These exclusions will be labor intensive on the front end in order to ultimately provide regulatory relief. It is estimated that any time that would have been available as a result of the reduced number of PSD/NSR permit applications will be spent responding to requests for applicability determinations or in preparing exclusionary documents for sources taking advantage of the exclusionary options. The department estimates that the costs to prepare these exclusionary documents will equal or exceed the costs of preparing PSD/NSR permits, and but may be possible to absorb within the agency's budget.

The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site: http://adminrules.wisconsin.gov. Written comments on the proposed rules may be submitted by regular mail to Mr. Jeffrey Hanson, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707 no later than November 21, 2005. Written comments, whether submitted electronically or by regular mail, will have the same weight and effect as oral statements presented at the hearings.

A copy of proposed rules AM-06-04 and AM-32-04b and the fiscal estimates 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