Rule-making notices
Notice of Hearing
Commerce
NOTICE IS HEREBY GIVEN that pursuant to ss.
101.14 (4) (b) and
101.02 (15) (j), Stats., the Department of Commerce will hold a public hearing on proposed rules under chapter Comm 62, relating to automatic fire suppression systems for student housing facilities serving colleges and universities.
The public hearing will be held as follows:
Date and Time: Monday, May 15, 2006 at 10:00 a.m.
Location: 201 W. Washington Ave, Conference Room 3C, Madison
Interested persons are invited to appear at the hearing and present comments on the proposed rules. Persons making oral presentations are requested to submit their comments in writing. Persons submitting comments will not receive individual responses. The hearing record on this proposed rulemaking will remain open until May 25, 2006, to permit submittal of written comments from persons who are unable to attend the hearing or who wish to supplement testimony offered at the hearing. Written comments should be submitted to Jim Quast at the Department of Commerce, P.O. Box 2689, Madison, WI 53701-2689, or Email at
jim.quast@wisconsin.gov.
This hearing is held in an accessible facility. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call (608) 266-8741 or (608) 264-8777 (TTY) at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audio tape format will, to the fullest extent possible, be made available upon a request from a person with a disability.
Analysis Prepared by the Department of Commerce
4. Explanation of Agency Authority: Under the authority of ss.
101.02 (1) and
(15), Stats., the Department of Commerce has the responsibility to establish standards for the design and construction of public buildings and places of employment in order to protect public health, safety and welfare. The Department fulfills this responsibility by promulgating the Commercial Building Code, chapters Comm 61-65.
5. Summary of Proposed Rules:
In accordance with sections
101.14 (4) (b) 3., Stats., and the provisions under
2005 Wisconsin Act 78, the department has the responsibility to promulgate rules requiring the installation of automatic fire sprinkler systems in various student housing facilities serving colleges and universities.
The proposed rules consist of revising rules under the commercial building code, chapters Comm 61-65, and would be supplemental to the International Building Code which is the basis for the commercial building code. The following listing highlights the major items contained in the revisions.
•
Reiterates the statutory provisions relating to providing automatic fire sprinkler systems in existing student housing facilities greater than 60 feet in height and owned or operated by University of Wisconsin System. [Comm 62.0903 (6) (b) 1. a. and b.]
•
Requires the installation of automatic fire sprinkler systems in existing student housing facilities greater than 60 feet in height and owned or operated by colleges and universities that are not part of the University of Wisconsin System. [Comm 62.0903 (6) (b) 1. c.]
•
Requires the installation of automatic fire sprinkler systems in existing private student residential facilities greater than 60 feet in height by January 1, 2014. [Comm 62.0903 (6) (b) 1. d.]
•
Requires the installation of automatic fire sprinkler systems in existing student sororities, fraternities and similar housing facilities by January 1, 2014. [Comm 62.0903 (6) (b) 1. e.]
•
Requires the installation of automatic fire sprinkler systems for the construction of all new student housing facilities. [Comm 62.0903 (6) (b) 2.]
6. Summary of, and Comparison with, Existing or Proposed Federal Regulations.
There are no existing or proposed federal regulations that address or impact the activities to be regulated by this rule.
7. Comparison with Rules in Adjacent States.
An Internet-based search of adjacent states' rules found the following regulations that include similar requirements relating to commercial buildings and facilities:
The Michigan Department of Labor and Economic Growth administers the Michigan Construction Code, which adopts by reference the 2003 edition of the International Building Code®, IBC, with amendments. The 2003 edition of the IBC requires all new residential occupancies, including dormitories, sororities and fraternities to be protected throughout by automatic fire sprinkler systems.
The Minnesota Department of Labor and Industry, administers the Minnesota State Building Code, which adopts the 2000 editions of the IBC with amendments. The Minnesota Department of Labor and Industry is in the process of adopting the 2003 edition of the IBC which requires all new residential occupancies, including dormitories, sororities and fraternities to be protected throughout by automatic fire sprinkler systems.
Illinois does not administer a statewide building code.
The Iowa Department of Public Safety administers the Iowa Building Code, which adopts the 1994 edition of Uniform Building Code and applies generally to buildings owned by the state of Iowa and to construction projects in local jurisdictions where the Iowa State Building Code is adopted.
8. Summary of Factual Data and Analytical Methodologies.
9. Analysis and Supporting Documents used to Determine Effect on Small Business or in Preparation of Economic Impact Report.
The rules reflect statutory mandates. There were no supporting documents used to determine the effect on small business, and an economic impact report has not been required pursuant to s.
227.137, Stats.
10. Effect on Small Business.
It is unknown whether the student housing under the scope of
2005 Wisconsin Act 78 and the administrative rules would constitute a small business. However, the cost for installing an automatic sprinkler system in new student housing construction varies, depending upon various factors, from $1.50 to $2.50 per square foot of the building floor area. The cost for retrofitting of sprinkler system in existing student housing buildings is typically higher, ranging from $3.00 to $4.00 per square foot.
The proposed rules and an analysis of the proposed rules are available on the Internet at the Safety and Buildings Division Web site at
www.commerce.wi.gov/SB/. Paper copies may be obtained without cost from Roberta Ward, at the Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689, or Email at
roberta.ward@wisconsin.gov, or at telephone (608) 266-8741 or (608) 264-8777 (TTY). Copies will also be available at the public hearing.
Environmental Assessment
Notice is hereby given that the Department has considered the environmental impact of the proposed rules. In accordance with chapter Comm 1, the proposed rules are a Type III action. A Type III action normally does not have the potential to cause significant environmental effects and normally does not involve unresolved conflicts in the use of available resources. The Department has reviewed these rules and finds no reason to believe that any unusual conditions exist. At this time, the Department has issued this notice to serve as a finding of no significant impact.
Initial Regulatory Flexibility Analysis
1. Types of small businesses that will be affected by the rules.
The proposed rules address student housing facilities, dormitories, sororities, fraternities, serving colleges and universities. The Department does not believe that these facilities constitute small businesses. The proposed rules may have an indirect impact on small businesses that either design or construct such facilities and businesses maintaining and testing automatic fire sprinklers.
2. Reporting, bookkeeping and other procedures required for compliance with the rules.
The proposed rules do not institute any new administrative procedures in order to comply with the rules. Current rules under the Commercial Building Code, chapters Comm 61 to 65, require the submission and approval of plans for automatic fire sprinkler systems to be installed in commercial residential occupancies.
3. Types of professional skills necessary for compliance with the rules.
The design of automatic fire sprinkler systems necessitates the services of licensed individuals, architects, engineers or designers. The installation of automatic fire sprinkler systems must be accomplished by licensed individuals in accordance with the statutory requirements of ch 145.
4. Rules have a significant economic impact on small businesses.
Yes. Rules submitted to Small Business Regulatory Review Board.
Fiscal Estimate
The rules as dictated by
2005 Wisconsin Act 78 requires the installation automatic fire sprinkler systems in various types of student housing facilities serving institutions of higher education that are not owned or operated by the University of Wisconsin System. Previous legislation, effective in 2000, mandated the installation of automatic fire sprinkler systems throughout housing for the University of Wisconsin System. The rules, reflecting the Act, will require the installation of sprinkler systems in existing facilities within specific timeframes. In addition, the rules require the installation of the sprinkler systems for any new housing facilities the construction of which has begun on or after January 7, 2006.
It is estimated less than 75 existing housing facilities would require the retrofit installation of automatic fire sprinkler systems by the statutorily mandated date of January 1, 2014. Under the Commercial Building Code, chs.
Comm 61-
65, sprinkler system plans must be submitted to and approved by the Department or its agent municipalities before the installation of sprinkler systems may commence for residential properties. Since facilities have 8 years to complete the sprinkler system retrofit and may submit to agent municipalities such as Milwaukee and Madison, it cannot be estimated how much the annual revenues of the Department may increase with respect to plan review. It is anticipated that the administrative costs to administer and enforce the rules can be absorbed into the current staffing levels of the Department.
The fiscal effect to the private sector for installing an automatic sprinkler system in new student housing construction will vary, depending upon various factors, from $1.50 to $2.50 per square foot of the building floor area. The cost for retrofitting of sprinkler system in existing student housing buildings is typically higher, ranging from $3.00 to $4.00 per square foot of floor area.
The small business regulatory coordinator for the Department of Commerce is Carol Dunn, who may be contacted at telephone (608) 267-0297, or Email at
carol.dunn@wisconsin.gov.
Notice of Hearing
Commerce
(Financial Resources for Businesses and Communities, Chs. Comm 105—)
NOTICE IS HEREBY GIVEN that pursuant to section
560.125 (5m) of the Statutes, the Department of Commerce will hold a public hearing on proposed rules in ch.
Comm 131 relating to diesel truck idling reduction grants.
The public hearing will be held as follows:
Date and Time: Monday, May 15, 2006 at 1:00 p.m.
Location: Thompson Commerce Center, Third Floor, Room 3B, 201 West Washington Avenue, Madison, Wisconsin
Interested persons are invited to appear at the hearing and present comments on the proposed rules. Persons making oral presentations are requested to submit their comments in writing, via e-mail. Persons submitting comments will not receive individual responses. The hearing record on this proposed rulemaking will remain open until May 19, 2006, to permit submittal of written comments from persons who are unable to attend the hearing or who wish to supplement testimony offered at the hearing. E-mail comments should be sent to
srockweiler@commerce.state.wi.us. If e-mail submittal is not possible, written comments may be submitted to Sam Rockweiler, Department of Commerce, Division of Environmental and Regulatory Services, P.O. Box 14427, Madison, WI 53708-0427.
This hearing will be held in an accessible facility. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call Sam Rockweiler at (608) 266-0797 or (608) 264-8777 (TTY) at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audio tape format will, to the fullest extent possible, be made available upon a request from a person with a disability.
Analysis Prepared by the Department of Commerce
1. Statutes Interpreted. Section
560.125.
3. Related Statute or Rule. Chapter
Comm 48 regulates petroleum products, including diesel fuels, in Wisconsin.
4. Explanation of Agency Authority.
Section
560.125 (5m) of the Statutes, as created by
2005 Wisconsin Act 25, requires the Department to promulgate rules for administering a diesel truck idling reduction grant program under section
560.125 of the Statutes.
5. Summary of Rule.
The proposed rules specify who is eligible for receiving a grant under this chapter for purchasing and installing diesel truck idling reduction equipment. Eligible costs are also specified, along with how to apply for the grants. Parameters for awarding the grants are likewise specified. These parameters include (1) disallowing grants to any applicant who is failing to comply with any conditions imposed on any previous grant received under this chapter; and (2) alerting applicants that the Department may (a) refuse to award grants for idling reduction equipment on truck tractors that do not have a sleeper berth, (b) annually allocate up to 25 percent of the grant funding to applicants who
own and operate 50 or fewer truck tractors, and (c) set deadlines for submitting applications, and then prorate the awards to the applicants if the total funding requested in the applications exceeds the available revenue.
6. Summary of, and Comparison With, Existing or Proposed Federal Regulations.
Various federal regulations address efforts to decrease emissions of air contaminants or to decrease the use of energy, by motor vehicles.
Particularly pertinent to the proposed rules is a final rule published by the U.S. Environmental Protection Agency (EPA) in the January 18, 2001, Federal Register, under Title 40, Parts 69, 80, and 86, in the Code of Federal Regulations. Through this rule, the EPA has established a comprehensive national control program for reducing particulate matter and nitrogen-oxide emissions from heavy-duty diesel engines by 90 percent and 95 percent below current standard levels, respectively. This program includes stringent, new emission standards that will begin to take effect in model year 2007, and a corresponding significant reduction of the level of sulfur in diesel fuels, which is needed to enable engine components to consistently meet the emission standards.
Extensive federal efforts related to this program are also underway for reducing these emissions by reducing diesel engine idling – such as (1) the EPA's National Clean Diesel Campaign, which is aggressively promoting diesel idling reduction nationwide; (2) the National Transportation Idle-Free Corridors project, as sponsored by the EPA's SmartWay™ Transport Partnership, which aims to eliminate all unnecessary long-duration diesel truck and locomotive idling at strategic points along major transportation corridors; (3) the Clean Cities Program in the U.S. Department of Energy (DOE), which includes addressing research and development for diesel idling reduction technologies, and corresponding funding of national and state-level demonstration projects; (4) the National Idling Reduction Network News, as published monthly by the DOE's Argonne National Laboratory, which summarizes current events and developments nationwide relating to diesel idling reduction; and (5) the Congestion Mitigation and Air Quality Improvement Program in the U.S. Department of Transportation's Federal Highway Administration, which funds retrofitting of heavy-duty diesel engines that results in reducing nitrogen-oxide emissions in air-quality related, nonattainment or maintenance areas. In addition, Sections 792 and 793 of the federal Energy Policy Act of 2005 authorize the EPA to provide $200 million per year, for fiscal years 2007-2011, for grants and loans to states and other eligible entities to achieve significant reductions in diesel emissions, and those funds can be used in programs that use verified technology to reduce long-duration idling of medium- and heavy-duty diesel trucks.
7. Comparison With Rules in Adjacent States.
In reviewing available sources, such as the National Idling Reduction Network News, and the Compendium of Idling Regulations by the American Transportation Research Institute, and in discussing corresponding efforts with staff in Minnesota and the EPA, Department staff did not find any rules in adjacent states that address grants for purchasing and installing diesel truck idling reduction equipment. However, under corresponding statutory criteria, Minnesota began providing loans in 2005 that can be used for this purpose, through its Small Business Environmental Improvement Loan Program. Related efforts in Iowa, Illinois and Michigan include (1) sponsoring of workshops in March 2006 in Michigan, and in May 2006 in Illinois, in conjunction with the EPA's Midwest Clean Diesel Initiative; and (2) proposed legislation that was passed overwhelmingly by the Illinois legislature in March 2006, which would prohibit diesel vehicles in excess of 8000 pounds from idling more than 5 minutes within any 60-minute period, except for various exemptions.
8. Summary of Factual Data and Analytical Methodologies.
The data and methodology for developing these rules consisted of (1) incorporating the detailed, prescriptive criteria in section
560.125 of the Statutes; (2) soliciting and utilizing input from representatives of the stakeholders who are expected to participate in this program; (3) discussing similar efforts to reduce diesel truck idling, with corresponding staff in Minnesota, Pennsylvania, and the EPA; and (4) reviewing Internet-based sources of related federal, state, and private-sector information.
9. Analysis and Supporting Documents Used to Determine Effect on Small Business or in Preparation of Economic Impact Report.
The proposed rules are not expected to impose any significant costs on small businesses, because the rules only address how the Department will award grant funds for diesel truck idling reduction equipment. However, the Department considered the potential for owners of large truck fleets to quickly exhaust the available grant funds, as based on the number of trucks in each of the 10 largest fleets in Wisconsin; and the Department is therefore proposing to annually allocate up to 25 percent of the grant funding to applicants who own and operate 50 or fewer truck tractors, in order to field-test the effectiveness of the program and the idling reduction equipment across the complete spectrum of the trucking industry in Wisconsin.
The proposed rules and an analysis of the rules are available on the Internet at the Department of Commerce Web site, through the links there for the Diesel Truck Idling Reduction Program. Paper copies may be obtained without cost from Tom Coogan at the Department of Commerce, Bureau of Entrepreneurship, P.O. Box 7970, Madison, WI 53707-7970, or at
Thomas.Coogan@Wisconsin.gov, or at telephone (608) 267-9214 or (608) 264-8777 (TTY). Copies will also be available at the public hearing.
Environmental Assessment
Notice is hereby given that the Department has considered the environmental impact of the proposed rules. In accordance with chapter Comm 1, the proposed rules are a Type III action. A Type III action normally does not have the potential to cause significant environmental effects and normally does not involve unresolved conflicts in the use of available resources. The Department has reviewed these rules and finds no reason to believe that any unusual conditions exist. At this time, the Department has issued this notice to serve as a finding of no significant impact.
Initial Regulatory Flexibility Analysis
1. Types of small businesses that will be affected by the rules.
Owners and operators of small fleets of diesel trucks who choose to apply for the grant funds, and vendors who sell or install the idling reduction equipment addressed by the grant funds.
2. Reporting, bookkeeping and other procedures required for compliance with the rules.
Each grant recipient must submit a report describing the operation and performance of the idling reduction equipment funded by the grant.
3. Types of professional skills necessary for compliance with the rules.
No new professional skills would be necessary for compliance with the proposed rules.
4. Rules have a significant economic impact on small businesses.
No. Rules not submitted to Small Business Regulatory Review Board
Fiscal Estimate
The above appropriation, as created by
2005 Wisconsin Act 25, will result in a temporary shortfall to the Department, which likely will be absorbed within the agency's budget.
The proposed rules are not expected to impose any significant costs on the private sector, because the rules only address how the Department will award grant funds for diesel truck idling reduction equipment.
The small business regulatory coordinator for the Department of Commerce is Carol Dunn, who may be contacted at telephone (608) 267-0297, or at
cdunn@commerce.state.wi.us.
Notice of Hearings
Natural Resources
(Fish, Game, etc.)
NOTICE IS HEREBY GIVEN that pursuant to ss.
30.62 (2) (d) 2. and
227.11 (2) (a), Stats., interpreting s.
30.62 (2) (b) and
(2) (d) 2. and
3., Stats., the Department of Natural Resources will hold public hearings on the creation of s.
NR 5.125 (1) (d), Wis. Adm. Code, relating to sound testing methods for airboats. Section
30.62 (2) (a), Stats., requires all boat sounds to meet the level of 86 db or less in order to be legal. The current tests that the department uses are designed for motor exhaust noise or they are not safe to perform on airboats or hovercraft type boats when measuring noise other than muffler or exhaust noise. In 2005, the department was notified of concerns that it was not enforcing the noise requirements on airboats that we apply to all other boats. Currently, airboats and hovercraft have to meet the 86 db sound level as it relates to their engine exhaust noise, but there is no test that would allow for the safe testing of the propeller and fan noise. The proposed rule change in the testing process would utilize Society of Automotive Engineers Test J1970 but would take in consideration the safety concerns when testing propeller and fan types of watercraft. The test contains step-by-step instructions for measuring noise from boats.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s.
227.114, Stats., the proposed rules may have an impact on small businesses. The initial regulatory flexibility analysis is as follows:
a. Types of small businesses affected: Commercial trappers and fishers
b. Description of reporting and bookkeeping procedures required: None
c. Description of professional skills required: None
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:
Wednesday, May 24, 2006 at 11:00 a.m. until the conclusion of public comments
Sheriff's Dept. Basement, Crawford County Courthouse
220 N. Beaumont St.
Prairie du Chien
Wednesday, May 24, 2006 from 3:00 p.m. to 6:00 p.m.
Room 130, Todd Wehr Memorial Library
900 Viterbo Drive
La Crosse
Thursday, June 1, 2006 at
Teleconference participation will be available at:
Room 311, Wisconsin Indianhead Technical College
2100 Beaser Avenue
Ashland
2:00 p.m. until the conclusion of public comments.
Room 116B, Forest R. Polk Library
UW-Oshkosh
800 Algoma Blvd.
Oshkosh
3:00 p.m. until the conclusion of public comments
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 William Engfer at (608) 266-0859 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
If the new testing procedure is passed the public will expect law enforcement agencies who do boating enforcement to enforce this law on prop driven type boats within their jurisdiction. While this will increase the workload of these agencies, it is anticipated that the increase workload will be minimal and can be accomplished in the daily operations of these patrols.
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. William Engfer, Bureau of Law Enforcement, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until June 9, 2006. 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. Engfer.
Notice of Hearing
Natural Resources
(Fish, Game, etc.)
NOTICE IS HEREBY GIVEN that pursuant to ss.
29.014 and
227.11, Stats., interpreting s.
29.014, Stats., the Department of Natural Resources will hold a public hearing on revisions to chs.
NR 10 and
45, Wis. Adm. Code, relating to correcting management unit boundaries, clarifying trapping requirements, correcting cross-references and update rules on the identification of tree stands on state lands. Annually the Department updates administrative code language to correct inconsistencies and outdated language and provide clarification where appropriate. This year, the Department is proposing the following changes relating to hunting and trapping:
1. Correct an inaccurate statutory cross-reference in ch.
NR 10.
2. Clarify that site exposed bait and scent restrictions in place for trapping only apply to all traps, including snares and cable restraints.
3. Clarify that the trapper who catches or kills a bobcat, fisher or otter much use their own carcass tag on the animal.
4. Correct and clarify the boundaries between wild turkey hunting zones and bear hunting zones in Lincoln County and provide consistency between deer, turkey and bear hunting zone boundaries.
5. Correct and clarify boundaries in Deer Management Units 41, 40, 41A, 67A and 67B.
6. Update regulations regarding the identification of tree stands on state-owned lands.
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
SmallBusiness@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 hearing will be held on:
Thursday, May 16, 2006 at 11:00 a.m.
Gathering Waters Room, DNR South Central Region Headquarters
3911 Fish Hatchery Road
Fitchburg
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
There is no fiscal effect 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. Kurt Thiede, Bureau of Wildlife Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until May 18, 2006. 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 Hearings
Natural Resources
(Fish, Game, etc.)
NOTICE IS HEREBY GIVEN that pursuant to ss.
29.733 (2) (f) and
227.11 (2), Stats., interpreting s.
29.733, Stats., the Department of Natural Resources will hold public hearings on revisions to ss.
NR 19.91 (3) and
19.94 (7), Wis. Adm. Code, relating to permitting the use of natural bodies of water as fish farms. This amendment of s.
NR 19.91 (3) will eliminate regulation of legally constructed artificial wetland ponds. This will allow fish farming in manmade isolated wetland ponds without a natural waterbody permit. The proposed revisions to s.
NR 19.94 (7) will modify public notice requirements. Statutory standards are restrictive in limiting new fish farms to self-contained freeze-out ponds which have no public access or harm to public or private interests. Eliminating the notice requirement for projects which clearly do not meet statutory standards, and make the notice requirement discretionary for those projects where the DNR needs additional information to evaluate impacts to the public interest. This change will improve the process efficiency and focus resources on projects which require greater scrutiny.
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: Registered fish farms utilizing natural bodies of water.
b. Description of reporting and bookkeeping procedures required: No new procedures.
c. Description of professional skills required: No new skills.
NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch.
NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.
NOTICE IS HERBY FURTHER GIVEN that the hearings will be held on:
Tuesday, May 30, 2006 at 6:00 p.m.
Gathering Waters Room
DNR South Central Region Hdqrs.
3922 Fish Hatchery Road
Fitchburg
Wednesday, May 31, 2006 at 6:00 p.m.
Room C106, North Central Voc. Technical School
1000 Campus Drive
Wausau
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 Steve Hewett at (608) 267-7501 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
There is no net fiscal effect.
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. Steve Hewett, Bureau of Fisheries Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until June 2, 2006. 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. Hewett.
Notice of Hearings
Natural Resources
(Environmental Protection - Water Management)
NOTICE IS HEREBY GIVEN that pursuant to ss.
30.12,
30.123 and
227.11 (2), Stats., interpreting ss.
30.12,
30.123 and
30.206, Stats., the Department of Natural Resources will hold public hearings on revisions to ch.
NR 320, Wis. Adm. Code, relating to the regulation of bridges and culverts in or over navigable waterways. The purpose of the proposed revisions is to create an additional general permit to continue permit streamlining and implementation of
2003 Wisconsin Act 118. The proposed revisions contain construction, design and location standards for a general permit for temporary in-stream crossings, a technique used by the forest industry during logging projects. Revisions also include some housekeeping changes to consolidate standards that apply to all general permits in the rule and to repeal unnecessary clearance standards for temporary bridges.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s.
227.114, Stats., the proposed rules may have an impact on small businesses. The initial regulatory flexibility analysis is as follows:
a. Types of small businesses affected: Building contractors, small-scale land developers and consultants who provide plans or design for projects along public navigable waterways
b. Description of reporting and bookkeeping procedures required. The person responsible for a project in or along a lake of stream must develop plans and occasionally conduct some analyses, submit an application, and observe the site during construction. For some activities, photographs of the completed project are required.
c. Description of professional kills required: Map reading, basic computer use, mathematics, drawing to scale and clear writing are the skills needed to comply with these rules. While it may be helpful or efficient, hiring a consulting firm is not necessary to comply with these requirements. Many projects are planner and conducted by individuals with no professional background. If the site has particularly challenging features, then professional ecological or engineering expertise may be helpful.
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:
Thursday, May 11, 2006 at 2:00 p.m.
Room 511, GEF #2
101 South Webster Street
Madison
Monday, May 15, 2006 at 2:00 p.m.
Room E101, North Central Voc. Tech. School
1000 Campus Drive
Wausau
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 Ms. Roberta Lund at (608) 266-2220 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
The rule proposal will result in decreased revenue of $5,400 and decreased costs of $5,000.
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 Ms. Roberta Lund, Bureau of Watershed Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until May 19, 2006. 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 Ms. Lund.
Notice of Hearing
Transportation
NOTICE IS HEREBY GIVEN that pursuant to s.
85.16 and
227.11 (2), Stats., and interpreting ch.
351, Stats., the Department of Transportation will hold a public hearing in Room 394 of the Hill Farms State Transportation Building, 4802 Sheboygan Avenue, Madison, Wisconsin on the
16th day of May, 2006, at 3:00 p.m., to consider the amendment of ch.
Trans 103, Wisconsin Administrative Code, relating to habitual traffic offenders.
An interpreter for the hearing impaired will be available on request for this hearing. Please make reservations for a hearing interpreter at least 10 days prior to the hearing.
Parking for persons with disabilities and an accessible entrance are available on the south side of the Hill Farms State Transportation Building.
Analysis Prepared by the Wisconsin Department of Transportation
Statutes interpreted: Ch.
351, Stats.
Explanation of agency authority: Sections
85.16 (1), Stats., grant the Department broad authority to “make reasonable and uniform orders and rules deemed necessary to the discharge of the powers, duties and functions vested in the department." Similar authority is granted to the Department under s.
227.11 (2), Stats.
The Department administers the Habitual Traffic Offender law, ch.
351, Stats. The Department reviews the driver records for all drivers and determines whether a person qualifies as a habitual traffic offender. If the Department concludes a person qualifies as a habitual traffic offender, the Department revokes the person's operating privilege for 5 years as required by s.
351.025, Stats.
Ch.
Trans 103 has been promulgated by the Department to carry out this administrative task.
Related statute or rule: Ch.
351, Stats.
Plain language analysis: The Department administers the Habitual Traffic Offender law, ch.
351, Stats. The Department reviews the driver records for all drivers and determines whether a person qualifies as a habitual traffic offender. If the Department concludes a person qualifies as a habitual traffic offender, the Department revokes the person's operating privilege for 5 years as required by s.
351.025, Stats.
2005 Wis. Act 25 amended ch.
351, Stats., to change the definition of “habitual traffic offender" as used in that chapter. Under prior law, any offense resulting in the assessment of demerit points or other moving violation could be counted as a “minor offense" under the HTO law. Accumulation of 12 such offenses resulted in a mandatory 5-year HTO revocation of driving privileges.
Under the law as amended by
2005 Act 25, only violations of the rules of the road enumerated in ch.
346, Stats., count as “minor offenses." Thus, only persons who commit 12 or more violations of ch.
346, Stats., are deemed “Habitual Traffic Offenders" under the amended law. This rule makes minor changes to ch.
Trans 103 to make it consistent with the new statutory provisions.
The amended law gave DOT authority to count or not to count offenses reported to DOT before the effective date of the law for purposes of making determinations of HTO status. The Department has counted all offenses reported prior to that effective date for purposes of implementing the new law. As a result, courts are being inundated with requests to reopen old cases and then re-report them to DOT. This activity results in WisDOT being legally obliged to re-calculate the person's HTO status and often to release the person's HTO revocation. In addition, individuals are petitioning circuit courts for review of HTO determinations under the provisions of ch.
351, Stats.
This mechanism is administratively inefficient in two respects. First, it results in time consuming case-by-case work by courts. Second, it requires DOT to deal with individual HTO cases on a one-by-one basis. DOT can reassess all drivers' status at one time through the use of its computer systems. Courts have asked the Department to do this, and the Department believes doing so will be a more efficient mechanism for both the courts and the Department. The rule making will permit the Department to do so.
As a result of this rule making, all persons' HTO status will be determined according to the same rules, rather than having different requirements for persons whose convictions were reported before and after the effective date of
2005 Wis. Act 25. The Department believes this will be fairer to all individuals affected by the HTO law.
This rule making also makes clear that the Department will continue to count all major violations as minor violations, regardless of whether the violations are for violations of statutes outside ch.
346. Thus, great bodily harm and homicide by intoxicated use of a vehicle, violations of ss.
940.25 and
940.09, Stats., will be counted as both major and minor offenses under this rule making.
Summary of, and preliminary comparison with, existing or proposed federal regulation: There is no existing or proposed federal regulation requiring states to impose an HTO law.
Comparison with Rules in Adjacent States:
Michigan: A review of Michigan traffic statutes did not reveal a similar law to Wisconsin's Habitual Traffic Offender Law, Ch.
351, Stats., in that state.
Minnesota: Under s.
171.18 (4), MN Stats., the Minnesota commissioner of public safety may suspend the driver license of a “habitual traffic offender" for up to 1 year (Wisconsin revokes for 5 years). The commissioner determines which offenses shall be counted in that state by rule. This system is more similar to Wisconsin's demerit point system than Wisconsin's Habitual Traffic Offender law. Minnesota does not appear to have a 5-year license revocation for habitual violations like Wisconsin.
Illinois: In Illinois, a driver's license will be suspended if the driver is convicted of three traffic violations committed within any 12-month period. Drivers under age 21 at the time of arrest will be suspended if convicted of two traffic violations within any 24-month period. Drivers under age 18 are required to successfully complete a driver remedial education course to reinstate their driving privileges. In addition, such drivers may be required to submit to a complete driver's license examination to be re-issued a driver's license. The length of the suspension varies according to the seriousness of the traffic offenses. This system is more similar to Wisconsin's demerit point system than Wisconsin's Habitual Traffic Offender law. Illinois does not appear to have a 5-year license revocation for habitual violations like Wisconsin.
Iowa: In Iowa, a driver who is convicted of 3 serious offenses in a 6-year period or 6 minor offenses in a 2-year period is subject to a 2-year to 6-year license revocation as a habitual traffic offender. The driver is ineligible for an occupational license for one year. Iowa counts all traffic offenses reported to its driver licensing authority identically and does not distinguish between violations of the rules of the road, equipment violations, and other violations of the traffic code. Iowa Code ss.
321.555 through
321.562.
Summary of factual data and analytical methodologies used and how the related findings support the regulatory approach chosen: Approximately 15,000 drivers are currently revoked as Habitual Traffic Offenders under Wisconsin law. DOT estimates that if all drivers' status are reassessed consistent with the requirements of
2005 Wis. Act 25's amendments to the HTO law, that approximately 10,000 to 12,000 drivers will no longer be subject to a 5-year revocation and may be eligible to reinstate their operating privileges earlier than otherwise anticipated.
Analysis and supporting documentation used to determine effect on small businesses: This rulemaking is not anticipated to effect small business in any fashion as it does not regulate or impose requirements upon businesses.
Effect on small business: This rule making will have no effect upon small businesses, except to the extent that it permits some employees to reinstate driver licenses. The Department's Regulatory Review Coordinator may be contacted by e-mail at
andrew.ruiz@dot.state.wi.us, or by calling (414) 438-4585.
Fiscal effect and anticipated costs incurred by private sector: The Department expects no significant fiscal effect from implementing this regulation. The Department will incur data processing costs to recalculate the HTO status of persons currently revoked under the HTO laws. These costs, however, will undoubtedly be less than the costs of the Department and courts dealing with these cases on a one-by-one basis.
Agency contact person and place where comments are to be submitted and deadline for submission: The public record on this proposed rule making will be held open until close of business the day of the hearing to permit the submission of comments in lieu of public hearing testimony or comments supplementing testimony offered at the hearing. Any such comments should be submitted to Kent Buehler, Department of Transportation, Bureau of Driver Services, Citations and Withdrawal Section, Room 305, P. O. Box 7917, Madison, WI 53707-7917. You may also contact Mr. Buehler by phone at (608) 266-9901.
Notice of Hearing
Transportation
NOTICE IS HEREBY GIVEN that pursuant to ss.
85.16 (1) and
348.07 (4), Stats., interpreting s.
348.07 (4), Stats., the Department of Transportation will hold a public hearing at the following location to consider the amendment of chapter Trans 276, Wisconsin Administrative Code, relating to allowing the operation of double bottoms and certain other vehicles on certain specified highways:
May 16, 2006
Department of Transportation
Hill Farms State Transportation Office
Room 639
Madison, WI
10:30 AM
(Parking is available for persons with disabilities)
An interpreter for the hearing impaired will be available on request for this hearing. Please make reservations for a hearing interpreter at least 10 days prior to the hearing.
Analysis Prepared by the Wisconsin Department of Transportation
Plain Language Analysis and Summary of, and Preliminary Comparison with, Existing or Federal Regulation. In the Surface Transportation Assistance Act of 1982 (STAA), the federal government acted under the Commerce clause of the United States Constitution to provide uniform standards on vehicle length applicable in all states. The length provisions of STAA apply to truck tractor-semitrailer combinations and to truck tractor-semitrailer-trailer combinations. (See Jan. 6, 1983, Public Law 97-424, § 411) The uniform standards provide that:
•
No state shall impose a limit of less than 48 feet on a semitrailer operating in a truck tractor-semitrailer combination.
•
No state shall impose a length limit of less than 28 feet on any semitrailer or trailer operating in a truck tractor-semitrailer-trailer combination.
•
No state may limit the length of truck tractors.
•
No state shall impose an overall length limitation on commercial vehicles operating in truck tractor-semitrailer or truck tractor-semitrailer-trailer combinations.
•
No state shall prohibit operation of truck tractor-semitrailer-trailer combinations.
The vehicles authorized by the STAA may operate on the national system of interstate and defense highways and on those federal aid primary highways designated by regulation of the secretary of the United States Department of Transportation. In 1984 the USDOT adopted
23 CFR Part 658 which in Appendix A lists the highways in each state upon which STAA authorized vehicles may operate. Collectively these highways are known as the National Network. In
1983 Wisconsin Act 78, the legislature enacted s 348.07 (4), Stats., which directs the Wisconsin Department of Transportation to adopt a rule designating the highways in Wisconsin on which STAA authorized vehicles may be operated consistent with federal regulations.
The Department of Transportation first adopted ch.
Trans 276 of the Wisconsin Administrative Code in December of 1984. The rule is consistent with
23 CFR Part 658 in that the Wisconsin rule designates all of the highways in Wisconsin that are listed in
23 CFR Part 658 as part of the National Network for STAA authorized vehicles. The federal regulation does not prohibit states from allowing operation of STAA authorized vehicles on additional state highways. The rule making authority granted to the Wisconsin Department of Transportation in s.
348.07 (4), Stats., allows the DOT to add routes in Wisconsin consistent with public safety. The rule making process also provides a mechanism to review requests from businesses and shipping firms for access to the designated highway system for points of origin and delivery beyond 5 miles from a designated route. A process to review and respond to requests for reasonable access is required by
23 CFR Part 658.
This rule amends s.
Trans 276.07 (10) and
(24), Wisconsin Administrative Code, to add two segments of highway to the designated highway system established under s.
348.07 (4), Stats. The actual highway segments
1 that this rule adds to the designated highway system are:
Hwy. From To
STH 49 Waupaca Iola
STH 161 Nelsonville Symco
The long trucks to which this rule applies are those with 53-foot semitrailers, double bottoms and the vehicles which may legally operate on the federal National Network, but which exceed Wisconsin's regular limits on overall length. Generally, no person may operate any of the following vehicles on Wisconsin's highways without a permit: A single vehicle with an overall length in excess of 40 feet
2, a combination of vehicles with an overall length in excess of 65 feet, a semitrailer longer than 48 feet, an automobile haulaway longer than 66 feet plus allowed overhangs, or a double bottom. Certain exceptions are provided under s.
348.07 (2), Stats., which implements provisions of the federal Surface Transportation Assistance Act in Wisconsin.
The effect of this rule will be to extend the provisions of s.
348.07 (2) (f),
(fm),
(gm) and
(gr), and s.
348.08 (1) (e), Stats., to the highway segments listed above. As a result, vehicles which may legally operate on the federal National Network in Wisconsin will also be allowed to operate on the newly-designated highway. Specifically, this means there will be no overall length limitation for a tractor-semitrailer combination, a double bottom or an automobile haulaway on the affected highway segment. There also will be no length limitation for a truck tractor or road tractor when operated in a tractor-semitrailer combination or as part of a double bottom or an automobile haulaway. Double bottoms will be allowed to operate on the affected highway segment provided neither trailer is longer than 28 feet, 6 inches. Semitrailers up to 53 feet long may also be operated on this highway segment provided the kingpin to rear axle distance does not exceed 43 feet. This distance is measured from the kingpin to the center of the rear axle or, if the semitrailer has a tandem axle, to a point midway between the first and last axles of the tandem. Otherwise, semitrailers, including semitrailers which are part of an automobile haulaway, are limited to 48 feet in length.
These vehicles and combinations are also allowed to operate on undesignated highways for a distance of 5 miles or less from the designated highway in order to reach fuel, food, maintenance, repair, rest, staging, terminal or vehicle assembly or points of loading or unloading.
1 The rule text often achieves these objectives by consolidating individual segments into contiguous segments with new end points. In order to determine the actual highway segment added, it is necessary to compare the combined old designations with the combined new designation.
2 45-foot buses are allowed on the National Network and Interstate system by Federal law. Section 4006(b) of the Intermodal Surface Transportation Efficiency Act of 1991.
Comparison with Rules in Adjacent States: None of the states adjacent to Wisconsin (Michigan, Minnesota, Illinois and Iowa) have administrative rules relating to long truck routes in their states.
Summary of Factual Data and Analytical Methodologies Used and How the Related Findings Support the Regulatory Approach Chosen: Due to the federal requirement that requests for access to the designated highway system in a state be decided within 90 days of the request, a proposed rule making to add requested routes is initiated without investigation. The public hearing and Department investigation undertaken in preparation for the hearing provide the engineering and economic data needed to make a final decision on whether to withdraw the proposal or proceed to final rule making.
Effect on Small Business and, If Applicable, Any Analysis and Supporting Documentation Used to Determine Effect on Small Businesses: The provisions of this rule adding a highway segment to the designated system have no direct adverse effect on small businesses, and may have a favorable effect on those small businesses which are shippers or carriers using the newly-designated routes. The Department's Regulatory Review Coordinator may be contacted by e-mail at
andrew.ruiz@dot.state.wi.us, or by calling (414) 438-4585.
Fiscal Effect and Anticipated Costs Incurred by Private Sector: The Department estimates that there will be no fiscal impact on the liabilities or revenues of any county, city, village, town, school district, vocational, technical and adult education district, sewerage district, or federally-recognized tribes or bands. The Department estimates that there will be no fiscal impact on state or private sector revenues or liabilities.
Contact Person and Place Where Comments are to be Submitted and Deadline for Submission: The public record on this proposed rule making will be held open until close of business the day of the hearing to permit the submission of comments in lieu of public hearing testimony or comments supplementing testimony offered at the hearing. Any such comments should be submitted to Ashwani Sharma, Department of Transportation, Bureau of Highway Operations, Room 501, P. O. Box 7986, Madison, WI 53707-7986. You may also contact Mr. Sharma by phone at (608) 266-1273.
Notice of Hearing
Transportation
NOTICE IS HEREBY GIVEN that pursuant to ss.
84.185,
85.16 and
227.11, Stats., and interpreting s.
84.185 (3) (b) 1.,
(3m),
(4),
(6m) and
(8r), Stats., the Department of Transportation will hold a public hearing in Room 144-B of the Hill Farms State Transportation Building, 4802 Sheboygan Avenue, Madison, Wisconsin on the
25th day of May, 2006, at 10:00 a.m., to consider the amendment of ch.
Trans 510, Wisconsin Administrative Code, relating to the Transportation Facilities Economic Assistance and Development (TEA) Program.
An interpreter for the hearing impaired will be available on request for this hearing. Please make reservations for a hearing interpreter at least 10 days prior to the hearing.
Parking for persons with disabilities and an accessible entrance are available on the south side of the Hill Farms State Transportation Building.
Analysis Prepared by the Wisconsin Department of Transportation
Explanation of agency authority: The secretary has the authority, pursuant to s.
84.185, Stats., to provide economic assistance for transportation facility improvements.
Related statute or rule: s.
84.185, Stats.
Plain Language Analysis: This proposed rule modifies ch.
Trans 510 relating to the Transportation Facilities Economic Assistance and Development (TEA) Program by: (1) establishing criteria and procedures for the granting of TEA loans in addition to TEA grants; (2) changing funding cycles from quarterly to a year round first-come, first-serve basis; (3) correcting program contacts due to recent reorganizations; (4) eliminating program inconsistencies that both prohibit and allow grant ceiling adjustments; and (5) requiring ethanol plant constructions to be competitively bid in order to be eligible for TEA.
Summary of, and Preliminary Comparison with, Existing or Proposed Federal Regulation: There are no existing or proposed federal regulations.
Comparison with Rules in Adjacent States:
Michigan: (Transportation Economic Development Fund)
(1) Loans – 20% of projects
(2) Cycles – quarterly
(3) Contacts changed No
(4) Adjust awards upward – Yes
(5) Ethanol plants competitively bid requirement – No.
Minnesota: No program
Illinois: (Economic Development Program)
(1) Loans – No
(2) Cycles – Year round (July 1 – June 30) 50% must be proposed locally
(3) Contacts – same throughout history
(4) Adjust awards upward Formerly could, no more (budget issues)
(5) Ethanol plants must be bid – No, just transportation improvements do.
Iowa: (Revitalize Iowa's Sound Economy Fund (RISE) Program)
(1) Loans – Have ability, but not used. Grants are sum sufficient.
(2) Cycles – Year round, but 50% to job creation, 50% to local transportation improvements.
(3) Contacts changed Yes, one office now oversees entire program (formerly split).
(4) Adjust up – No.
(5) Ethanol plants must be bid - No, just transportation improvements do.
Summary of Factual Data and Analytical Methodologies Used and How the Related Findings Support the Regulatory Approach Chosen:
TEA Loans. No TEA loans have been made to date as we have permissory authority to institute loans; they are not mandatory (see s.
84.185 (6m), Stats.). Although TEA loans may be an effective economic development tool where TEA grants cannot be given, rules need to be promulgated that include the criteria and procedures for the repayment of TEA loans (see s.
84.185 (4), Stats). From 18 years of TEA program experience, projects in more rural areas that pay a weighted average hourly wage far below the industry standard produce benefit/cost ratios less than 1.0, i.e., they are poor investments. However, these projects may be very desirous to local communities for economic development. We are proposing to give TEA loans instead of grants to these projects. These loans could not exceed 50% of project costs (see s.
84.185 (6m), Stats. limitation). We propose repayment to commence up to one year after project completion to allow communities to arrange financing. Loan repayment terms would be 7 years, the same time that a guaranteed number of jobs have to be generated by the project. Interest would be at prevailing rates for loans to a government, typically the lowest rates available anywhere.
Funding Cycles. The 2004-2005 Biennial Budget changed TEA funding to first-come, first-serve. TEA was formerly funded quarterly, with a priority ranking employed. Because there are no more specific funding dates, ss.
Trans 510.03 (2) and
510.07 (2) are being amended to reflect this change. TEA applications are more likely to be successful under first come, first serve, since priority ranking would only be employed late in the fiscal year when funding is nearly depleted. Projects not funded would be deferred to the next fiscal year.
Contacts. Previous TEA contacts no longer exist due to departmental reorganization. Therefore, s. Trans 510.03 (1) and (2) are being amended to reflect more general contact points.
Adjust award. Ch.
Trans 510 both allows and disallows TEA grant ceiling increases [ss.
Trans 510.02 (7) and
510.06 (1)]. This proposed rule removes conflicting and ambiguous language. The ability to revise grant ceilings upward in special circumstances is specifically allowed per s.
84.185 (3) (b) (1), Stats.
Ethanol plants. This will require private business construction of ethanol plants to be competitively bid in order to be eligible for TEA. This change was enacted as part of the 2005-2007 Biennial Budget in s.
84.185 (8r), Stats. Change was enacted because two contractors (both outside Wisconsin) currently build all ethanol plants. Local Wisconsin contractors also feel they have the capability to build these facilities. Competitive bidding should lower construction costs thereby allowing Wisconsin contractors to compete yet ensure that unqualified bidders be dismissed. This rule seems to be good for all even though it requires competitive bidding for private facilities. We recommend requiring copies of bid ads in the Western Builder, the Daily Report, or Dodge Reports as proof of competitive bidding.
Effect on Small Business and, If Applicable, Any Analysis and Supporting Documentation Used to Determine Effect on Small Businesses: The proposed rule changes will make TEA more available to small business: (1) Loans to communities will reduce local transportation infrastructure improvement costs helping small businesses to proceed with their expansion plans; (2) First-come, first-serve funding will allow formerly lower ranked projects (typically smaller businesses with low hourly wages) to more likely be funded (especially if early in fiscal year); and (3) Wisconsin contractors will be allowed to bid on ethanol plant construction, a privilege previously controlled by just two national contractor specialists. Other proposed changes to ch.
Trans 510 only clarify program functionality, so there is no change upon small business. The Department's Regulatory Review Coordinator may be contacted by e-mail at
andrew.ruiz@dot.state.wi.us, or by calling (414) 438-4585.
Fiscal Effect and Anticipated Costs Incurred by Private Sector: The Department estimates that there will be no fiscal impact on the liabilities or revenues of any county, city, village, town, school district, vocational, technical and adult education district, sewerage district, or federally-recognized tribes or bands. The Department estimates a potential positive impact on state revenues. The Department expects the TEA program to become partially self-funded due to interest income earned in the TEA loan program. TEA grants or loans will lower infrastructure development costs to the private sector. The program is intended as an inducement for business to expand in or relocate to Wisconsin. TEA is usually used in coordination with the Wisconsin Department of Commerce business incentives to present a more complete inducement package. These proposed rule changes will not alter that; it will make TEA available to a larger segment of the private sector. There could be an impact on the cost of private ethanol plant construction.
Place Where Comments are to be Submitted and Deadline for Submission: The public record on this proposed rule making will be held open until close of business the day of the hearing to permit the submission of comments in lieu of public hearing testimony or comments supplementing testimony offered at the hearing. Any such comments should be submitted to Gati Grundmanis, Department of Transportation, Bureau of Planning and Economic Development, Room 901, P. O. Box 7913, Madison, WI 53707-7913. You may also contact Mr. Grundmanis by phone at (608) 266-3488.
