Rule-Making Notices (Hearing Notices)

Wisconsin Administrative Register No. 610, 10/31/2006

Rule-making notices

Notice of Hearing

Agriculture, Trade and Consumer Protection

The Department of Agriculture, Trade and Consumer Protection announces that it will hold a public hearing on an emergency rule relating to the minimum acreage for farm-raised deer hunting preserves. This emergency rule preserves the intent of Act 359 to “grandfather" certain pre-existing hunting preserves that would otherwise fail to meet recently-enacted minimum acreage requirements under s. 95.55 (5) (a), Stats. This emergency rule affects a small number of previously licensed white-tailed deer hunting preserves.

DATCP will hold one hearing at the time and place shown below. DATCP invites the public to attend the hearing and comment on the emergency rule. Following the public hearing, the hearing record will remain open until November 20, 2006, for additional written comments. Comments may be sent to the Division of Animal Health at the address below or by e-mail to: [e-mail].

Copy of Rule

You may obtain a free copy of this rule by contacting the Wisconsin Department of Agriculture, Trade and Consumer Protection, Division of Animal Health, 2811 Agriculture Drive, P.O. Box 8911, Madison, WI 53708. You can also obtain a copy by calling [phone] or emailing [e-mail]. Copies will also be available at the hearings. To view the proposed rule online, go to: https://apps4.dhfs.state.wi.us/admrules/public/Home

To provide comments or concerns relating to small business, please contact DATCP's small business regulatory coordinator Keeley Moll at the address above, by emailing to [e-mail] or by telephone at [phone].

Hearing Date and Location

Monday, November 13, 2006
1:00 p.m. to 2:00 p.m.

Department of Agriculture, Trade and Consumer Protection

2811 Agriculture Drive, Board Room

Madison, WI 53708

Handicapped accessible

Hearing impaired persons may request an interpreter for the hearing. Please make reservations for a hearing interpreter by Wednesday, November 8, 2006, by writing to Dr. Richard Bourie, Division of Animal Health, P.O. Box 8911, Madison, WI 53708-8911, telephone [phone]. Alternatively, you may contact the Department TDD at [phone]. Handicap access is available at the hearing.

Analysis prepared by the Dept. of Agriculture, Trade and Consumer Protection

This emergency rule interprets and clarifies 2005 Wis. Act. 359, related to minimum acreage requirements for farm-raised deer hunting preserves. This emergency rule preserves the intent of Act 359 to “grandfather" certain pre-existing hunting preserves that would otherwise fail to meet recently-enacted minimum acreage requirements under s. 95.55 (5) (a), Stats. This emergency rule affects a small number of previously licensed white-tailed deer hunting preserves.

Statutory Authority: ss. 93.07(1), and 95.55(6), Stats.

Statute Interpreted: s. 95.55, Stats.

The Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) has broad general authority to adopt rules interpreting statutes under its jurisdiction (see s. 93.07(1), Stats.). DATCP is specifically authorized to adopt rules to regulate both the raising of farm-raised deer and the hunting of farm-raised deer in this state (see s. 95.55(6), Stats.). This emergency rule clarifies the minimum acreage required for certain white-tailed deer hunting preserves.

Background and Purpose

DATCP administers Wisconsin's animal health and disease control programs, including programs to license and regulate keepers of farm-raised deer. Under s. 95.55, Stats., and DATCP rules, no person may operate a farm-raised deer hunting preserve without a deer farm license and hunting preserve certificate from DATCP. A deer farm license must be renewed every year. A hunting preserve certificate is good for 10 years, unless suspended or revoked.

Section 95.55 (5), Stats. (enacted by 2003 Wis. Act 145 effective January 1, 2003) generally prohibits hunting preserves that are smaller than 80 acres. However, 2005 Wis. Act 359 (enacted effective May 3, 2006) creates a limited “grandfather" exemption for certain white-tailed deer hunting preserves previously licensed by the Department of Natural Resources (DNR). Regulation of white-tail deer farms and hunting preserves was transferred from DNR to DATCP effective January 1, 2003.

Under the “grandfather" exemption created by 2005 Wis. Act 359, DATCP may permit a white-tail deer hunting preserve smaller than 80 acres if the hunting preserve meets several specific requirements. One of the requirements is that the hunting preserve acreage must be “not less than the acreage subject to the DNR deer farm license on December 31, 2002."

The apparent intent of the legislation was to “grandfather" certain white-tailed deer hunting preserves that are currently no smaller than they were when previously licensed by DNR. However, DNR license documents from 2002 refer only to the total acreage of the licensed deer farm (including hunting and non-hunting acreage), and do not separately identify hunting vs. non-hunting acreage. Under one possible reading of the legislation, a hunting preserve is “grandfathered" only if the current hunting acreage is not less than the total hunting and non-hunting acreage licensed by DNR in 2002, even though the hunting acreage itself is no smaller than in 2002. However, such a reading would render the legislation a nullity.

This emergency rule interprets 2005 Wis. Act 359 to preserve the apparent intent of the legislation, and to avoid rendering the legislation null. Under this emergency rule, a white-tailed deer hunting preserve may qualify for “grandfather" status if, among other things, the operator can document that the current hunting acreage is no less than the hunting acreage on the same deer farm licensed by DNR in 2002.

DATCP is adopting this emergency rule to clarify hunting preserve criteria in time for the 2006 hunting season, and within the time period contemplated by 2005 Wis. Act 359. Hunting preserve operators who wish to claim the “grandfather" exemption must apply by November 1, 2006, and DATCP must act on each application within 90 days. DATCP could not adopt this rule by normal rulemaking procedures in time to implement Act 359.

Federal Programs

DATCP administers animal disease control programs in cooperation with the United States department of agriculture (USDA). DATCP cooperates with USDA in the administration of programs related to chronic wasting disease and other diseases of farm-raised deer. USDA does not itself regulate deer hunting preserves, as such.

Surrounding State Programs

Cervid (white-tailed deer) hunting preserves are allowed in surrounding states.

Minnesota law does not specifically permit or prohibit white-tailed deer hunting preserves. Currently some deer farms hold hunts, and there is no minimum acreage required. Although proposed, no legislative action has been taken to clarify the law in the last three legislative sessions.

Iowa originally issued licenses to game farms for the hunting of game birds and /or white-tailed deer. The minimum acreage was 320 acres. Iowa now requires separate licenses for hunting game birds and hunting white-tailed deer. Each hunting area is now required to have a minimum of 320 acres. Some farms could not meet the 320-acre-each requirement when the law changed, so Iowa did allow game farms that formerly hunted both types of game to receive both licenses under a “grandfathering provision", even though neither hunting area is 320 acres. The grandfathering provision opportunity has expired.

Illinois allows hunting of non-indigenous species on game hunting areas of 640 to 2560 contiguous acres. White-tailed deer are native to Illinois and may not be hunted under this license. However, there is no direct prohibition on hunting white-tailed deer. Illinois issues permits for deer breeding farms, with no minimum acreage requirement. Two breeding farms began offering hunts for white-tailed deer 10-15 years ago (a hunter buys a deer and then shoots it). No legislative action has been taken to address the issue of hunts on breeding farms.

Michigan issues licenses to 4 classes of deer farms, dependent mostly on the size of the farm. Hunting of white-tailed deer is allowed on all classes, with no minimum acreage requirement.

Fiscal Impact

This rule will have no fiscal impact on local government and an insignificant impact on DATCP. DATCP will incur added staff and administrative costs to administer the new farm-raised deer hunting preserve certification for less than 80 acres, but expects to absorb the additional workload with existing staff and appropriations. There is a $150 inspection fee to get a hunting preserve certificate. That fee applies to all applications, regardless of acreage.

Small Business Impact

This rule affects a very small number of white-tailed deer hunting preserve operators, all of whom are “small businesses." This rule will have a positive impact on those operators. Current statutes and rules generally prohibit hunting preserves smaller than 80 acres. This rule effectively implements 2005 Wis. Act 359, which provides a possible “grandfather" exemption for a few operators. This rule does not impose any additional restrictions or burdens on small business.

DATCP Contact Person

Questions and comments related to this rule may be directed to:

Dr. Richard Bourie

Department of Agriculture, trade and Consumer Protection

P.O. Box 8911

Madison, WI 53708-8911

Telephone [phone]

E-Mail: [e-mail]

Notice of Hearing

Medical Examining Board

NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Medical Examining Board in ss. 15.08 (5) (b) and 227.11 (2), Stats., and interpreting s. 448.05, Stats., the Medical Examining Board will hold a public hearing at the time and place indicated below to consider an order to amend Med 1.06 (3) (b), relating to the requirements for completion of the 3-step sequence of the United States Medical Licensing Examination (USMLE).

Hearing Date, Time and Location

Date:   November 15, 2006

Time:   9:00 a.m.

Location:   1400 East Washington Avenue

  Room 121A

  Madison, Wisconsin

Appearances at the Hearing

Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to Pamela Haack, Paralegal, Department of Regulation and Licensing, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935, or by email at [e-mail]. Comments must be received on or before November 24, 2006 to be included in the record of rule-making proceedings.

Analysis

Statute interpreted: Section 448.05, Stats.

Statutory authority: Sections 15.08 (5) (b) and 227.11 (2), Stats.

Explanation of agency authority: The Medical Examining Board has the authority under ss. 15.08 (5) (b) and 448.05, Stats., to promulgate rules for the licensure of physicians, including the sequence for completion of the 3-step United States Medical Licensing Examination (USMLE).

Related statute or rule: There are no other statutes or rules other than those listed above.

Plain language analysis: The proposed revision to s. Med 1.06 (3) (b) changes the timeframe for completion of the 3-step USMLE sequence from 7 to 10 years for graduates of a standard M.D. training program. The proposed revision also changes the timeframe for completion of the examinations from 9 years to 12 years for graduates of a combined M.D./Ph.D. medical scientist training program. The proposed rule revision enlarges the timeframe for completion of the sequence by 3 years for each category of graduate.

This rule primarily affects foreign graduates who encounter delays in completing the 3-step examination sequence due to visa and immigration problems. The rule will also affect other graduates, such as medical scientists, who often experience delays in completing the sequence due to the requirements of their combined programs. Finally, the rule will impact those graduates who encounter obstacles or delays resulting from voluntary or involuntary circumstances and hardships. The current 7-year and 9-year time sequence rule has resulted in an impediment to licensure of qualified applicants.

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

There is no existing or proposed federal regulation relating to these rules.

Comparison with rules in adjacent states:

Illinois:

The state of Illinois requires that applicants for medical licensure must complete USMLE Steps 1, 2 and 3 within 7 years of passing the first step.

Minnesota:

The state of Minnesota requires that applicants must complete USMLE Steps 1, 2 and 3 within 7 years of passing the first examination, and waives the timeframe for M.D./Ph.D. degree graduates.

Iowa:

Applicants for a medical license in the state of Iowa must complete Steps 1, 2 and 3 of the USMLE within 7 years of passing the first examination. Applicants who are graduates of a M.D./Ph.D. program must complete the examination sequence within 10 years after passing the first examination.

Michigan:

The state of Michigan requires that applicants for licensure must pass USMLE Step 3 within 5 years of their first attempt at Step 3.

Summary of factual data and analytical methodologies:

Currently, there are four states which are listed on the Federation of State Medical Examining Board website that have a 10-year rule and five states which have an unlimited time for completion of the examination sequence. Six states waive the completion timeframe for M.D./Ph.D. candidates. For osteopathic physicians, 24 states have no time limit for completion of their examinations. The comparison of the rules in adjacent states was obtained directly from a review of those state rules and information compiled by the Federation of State Medical Boards. The proposed revisions to the rules were based upon recommendations from deans of the state medical schools and medical providers, and an ad hoc advisory panel consisting of members of the Medical Examining Board.

Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report:

The department's physician licensing credentialing specialist recorded USMLE examination completion dates in phone calls received from prospective applicants for a four month period in 2005 and found that 17 prospective applicants would not qualify for licensure under a 7/9 year rule but would qualify under a 9/12 year rule. The Wisconsin Medical Society estimates there are 11,3000 total active physicians in the workforce and that 2,800, or 25%, work in a practice size ranging from 1-9 physicians. Assuming practices with 9 or fewer physicians can be categorized as small businesses, and that applicants are proportionately employed in practices of all sizes, the small business physician hiring pool could increase by at least 17 physicians annually under the new rule. The specialist also suggested that the number of additional physician applicants could be significantly higher because most physician recruiters are aware of Wisconsin's 7/9 year rule and eliminate Wisconsin from consideration automatically.

Section 227.137, Stats., requires an “agency" to prepare an economic impact report before submitting the proposed rule-making order to the Wisconsin Legislative Council. The Department of Regulation and Licensing is not included as an “agency" in this section.

Anticipated costs incurred by private sector:

The department finds that this rule has no significant fiscal effect on the private sector.

Fiscal Estimate

The department estimates that the proposed rule will have no significant fiscal impact.

Effect on small business:

These proposed rules will have no significant economic impact on small businesses, as defined in s. 227.114 (1), Stats. The Department's Regulatory Review Coordinator may be contacted by email at [e-mail], or by calling [phone].

Agency Contact Person

Pamela Haack, Paralegal, Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935. Telephone: [phone]. Email: [e-mail].

Place where comments are to be submitted and deadline for submission:

Comments may be submitted to Pamela Haack, Paralegal, Department of Regulation and Licensing, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935, or by email at [e-mail]. Comments must be received on or before November 24, 2006, to be included in the record of rule-making proceedings.

TEXT OF RULE

SECTION 1. Med 1.06 (3) (b) is amended to read:

Med 1.06 (3) (b) Commencing January 1, 1994, the board accepts the 3-step USMLE sequence as its written or computer-based examination and administers step 3 of the sequence. Minimum standard passing scores for each step shall be not less than 75.0. Applicants who have completed a standard M.D. training program shall complete all 3 steps of the examination sequence within 7 10 years from the date upon which the applicant first passes a step, either step 1 or step 2. Applicants who have completed a combined M.D. and Ph.D. medical scientist training program shall complete all 3 steps of the examination sequence within 9 12 years from the date upon which the applicant first passes a step, either step 1 or step 2. Applicants who have passed a step may not repeat the step unless required to do so in order to comply with the 7-year 10-year or 9-year 12-year time limit. If the applicant fails to achieve a passing grade on any step, the applicant may apply for and be reexamined on only the step failed according to the reexamination provisions of s. Med 1.08 (1).

Notice of Hearing

Natural Resources

(Fish, Game, etc.)

[CR 06-111]

NOTICE IS HEREBY GIVEN that pursuant to ss. 29.014 (1), 29.041, 29.519 (1) (b) and 227.11 (2) (a), Stats., interpreting ss. 29.014 (1), 29.041, 29.516 (2) and 29.519 (1) (b), Stats., the Department of Natural Resources will hold a public hearing on the repeal and recreation of s. NR 25.05 (1) (d), Wis. Adm. Code, relating to commercial fishing open seasons in Lake Michigan for chubs. The proposed rule will repeal a sunset clause pertaining to commercial fishing for chubs in Lake Michigan. Natural Resources Board Order No. FH-34-01 (Clearinghouse Rule No. 01-145) revised commercial fishing depth limits, but included a sunset provision by which the changes would expire on July 1, 2007. The proposed rule would allow the present rules to continue indefinitely. Under those rules, the minimum depth for commercial chub nets is 45 fathoms from January 16 through April 25. If the proposed rule is not adopted and the sunset clause is allowed to take effect, minimum depths would vary by area and season. During January 16 through the end of February, the minimum depth would be 55 fathoms in the northern chub fishing zone and 60 fathoms in the southern chub fishing zone. During March 1 through April 25, the minimum depth would be eliminated.

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: Lake Michigan commercial chub fishers

b. Description of reporting and bookkeeping procedures required: No new procedures

c. Description of professional skills required: No new skills

The Department's Small Business Regulatory Coordinator may be contacted at [e-mail] or by calling [phone].

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:

Monday, November 13, 2006 at 4:00 p.m.

Manitowoc Room, Lakeshore Technical College, 1290 North Avenue, Cleveland

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 Bill Horns at [phone] with specific information on your request at least 10 days before the date of the scheduled hearing.

Fiscal Impact

These changes will have no fiscal implications for state or local government.

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 rule may be submitted via U.S. mail to Mr. William Horns, Bureau of Fisheries Management and Habitat Protection, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until November 25, 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. Horns.

Notice of Hearing

Natural Resources

(Environmental Protection - Air Pollution Control)

[CR 06-109]

NOTICE IS HEREBY GIVEN that pursuant to ss. 227.11 (2) (a), 285.11 (1) and 285.27 (1) (a), Stats., interpreting s. 285.11 (1), Stats., the Department of Natural Resources will hold a public hearing on revisions to ch., NR 440, Wis. Adm. Code, relating to incorporation of revisions and additions to the federal New Source Performance Standards. Under section 111 of the Clean Air Act, the U.S. Environmental Protection Agency is required to promulgate regulations establishing standards of performance of new stationary sources (NSPS). These standards are contained in 40 CFR Part 60. The Department is required, under s. 285.27(1)(a), Stats., to incorporate these standards into rule, and does so in ch. NR 440. Periodically it is necessary to amend ch. NR 440 to address changes the EPA makes to existing NSPS and to incorporate standards promulgated by EPA for new source categories. These proposed revisions address changes made by the EPA between July 1994 and April 2005 to general requirements which apply to all source categories, and to the specific standards for 60 individual source categories. Requirements relating to mercury emission from certain electric steam generating units which EPA promulgated on May 18, 2005 and subsequently amended are not proposed here. Those requirements will be addressed separately in Natural Resources Board Order No. AM-32-05. Standards for 5 source categories not currently included in ch. NR 440 are also being proposed.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., it is not anticipated that the proposed rule will have a substantial economic impact on small businesses. The proposed rules are substantively identical to rules already in effect at the federal level. Any small businesses currently subject to the federal requirements will not be impacted by incorporation of these requirements into the Wisconsin Administrative Code. The Department's Small Business Regulatory Coordinator may be contacted at [e-mail] or by calling [phone].

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:

Tuesday, November 21, 2006 at 1:00 p.m.

Room G09, GEF #2 Building, 101 South Webster Street, Madison

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 Robert Eckdale at [phone] or by e-mail at [e-mail] with specific information on your request at least 10 days before the date of the scheduled hearing.

Fiscal Impact

These changes will have no fiscal implications for state or local government.

The proposed rule and supporting documents, including the fiscal estimate may be viewed and downloaded and comments electronically submitted at the following Internet site: http://adminrules.wisconsin.gov. (Search this Web site using the Natural Resources Board Order number AM-05-06.) Written comments on the proposed rule may be submitted via U.S. mail to Mr. Robert Eckdale, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707 or by e-mail to [e-mail]. Comments may be submitted until December 1, 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. If you do not have Internet access, a personal copy of the proposed rule and supporting documents, including the fiscal estimate may be obtained from Robert Eckdale, Bureau of Air Management, P.O. Box 7921, Madison, WI 532707 or by calling [phone].

Notice of Hearing

Natural Resources

(Environmental Protection - Air Pollution Control)

[CR 06-110]

NOTICE IS HEREBY GIVEN that pursuant to ss. 227.11 (2) (a), 227.14 (1m) and 285.27 (2) (a), Stats., interpreting ss. 285.11 (6) and 285.27 (2) (a), Stats., the Department of Natural Resources will hold a public hearing on revisions to chs. NR 460, 463 and 484, Wis. Adm. Code, relating to national emission standards for hazardous air pollutants (NESHAP) for iron and steel foundries. The U.S. Environmental Protection Agency promulgated the NESHAP for iron and steel foundries on April 22, 2004, and amended this NESHAP on May 20, 2005. The proposed rule incorporates this NESHAP, as amended, into the Wisconsin Administrative Code by creating ch. NR 463, subch. III and Appendix EEEEE in ch. NR 460. Chapter NR 484 is also amended to incorporate by reference two test methods. Since the proposed regulation is already in effect at the national level, there is little discretion for the Department in promulgating this rule. The proposed rule will affect about 26 facilities statewide.

The proposed rule will regulate the emissions of hazardous air pollutants (HAP) from those iron and steel foundries which are major sources of federal HAPs (affected sources). The proposed rule specifies particulate matter, total metal HAP, volatile organic HAP (VOHAP) and triethylamine (TEA) emission limits for various foundry processes, including scrap preheating, metal melting and pouring, and mold making. The rule also specifies operating limits for emission control devices, work practice standards for scrap selection and preheating, and includes operation and maintenance requirements that apply to control devices and capture systems.

Existing affected sources have until April 23, 2007 to achieve compliance. New or reconstructed affected sources must achieve compliance by April 22, 2004 (if initial startup is before that date) or the date of initial startup. Sources have until their final compliance date to reduce HAP emissions below the major source level and thereby avoid the rule. Sources may also become a synthetic minor HAP source to avoid the rule by obtaining and complying with a federally enforceable permit that restricts HAP emissions prior to the final compliance date.

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: Any small business which is a major source of HAP emissions and which operates an iron or steel foundry will be affected by the rule.

b. Description of reporting and bookkeeping procedures required: All affected sources must submit initial notifications, notification of compliance status, and semiannual compliance reports. Sources must develop and implement an operation and maintenance plan for all air pollutant capture systems and emission control devices. All affected sources must develop a startup, shutdown and malfunction (SSM) plan. All affected sources must keep all records and documentation relevant to compliance with the rule, including copies of all notifications and reports submitted, performance test results, operation and maintenance plans, monitoring data and SSM plans.

c. Description of professional skills required: An environmental scientist or environmental engineer with knowledge of toxic air pollutant emissions, foundry operations and air pollutant emissions, performance testing, air pollution control technologies, compliance strategies and environmental regulations would have the professional skills necessary to ensure compliance with the proposed rule.

The Department's Small Business Regulatory Coordinator may be contacted at [e-mail] or by calling [phone].

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, November 16, 2006 at 10:00 a.m.

Room 511, GEF #2 Building, 101 South Webster Street, Madison

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 Robert Eckdale at [phone] or by e-mail at [e-mail] with specific information on your request at least 10 days before the date of the scheduled hearing.

Fiscal Impact

These changes will have no fiscal implications for state or local government.

The proposed rule and supporting documents, including the fiscal estimate may be viewed and downloaded and comments electronically submitted at the following Internet site: http://adminrules.wisconsin.gov. (Search this Web site using the Natural Resources Board Order number AM-29-06.) Written comments on the proposed rule may be submitted via U.S. mail to Mr. Eric Mosher, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707 or by e-mail to [e-mail]. Comments may be submitted until November 30, 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. If you do not have Internet access, a personal copy of the proposed rule and supporting documents, including the fiscal estimate may be obtained from Robert Eckdale, Bureau of Air Management, P.O. Box 7921, Madison, WI 532707 or by calling [phone].

Notice of Hearing

Occupational Therapists Affiliated Credentialing Board

NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Occupational Therapists Affiliated Credentialing Board in ss. 15.085 (5) (b), 227.11 (2) and 448.965, Stats., and interpreting s. 448.967, Stats., the Occupational Therapists Affiliated Credentialing Board will hold a public hearing at the time and place indicated below to consider an order to create s. OT 3.06 (6) and (7), relating to continuing education waivers.

Hearing Date, Time and Location

Date:   November 14, 2006

Time:   9:30 a.m.

Location:   1400 East Washington Avenue

  Room 121A

  Madison, Wisconsin

Appearances at the Hearing

Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to Pamela Haack, Paralegal, Department of Regulation and Licensing, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935, or by email at [e-mail]. Comments must be received on or before November 22, 2006 to be included in the record of rule-making proceedings.

Analysis

Statute interpreted: Section 448.967, Stats.

Statutory authority: Sections 15.085 (5) (b), 227.11 (2) and 448.965, Stats.

Explanation of agency authority:

Under the existing rules for continuing education requirements, there is no provision which enables the board to grant a postponement or a waiver of those requirements to credential holders in the event they face an illness, disability, or other type of hardship. This amendment would allow the board, on a case by case basis, to grant a postponement or a waiver if it was warranted. In addition, the proposal allows first-time credential holders to complete their continuing education requirements beginning with their first, full two-year licensure period.

Related statute or rule:

There are no other related statutes or rules other than those listed above.

Plain language analysis:

This proposed rule-making order would allow the board to consider waiving the continuing education requirements when a licensee is unable to complete them due to a hardship. It would also eliminate the need for first time licensees to meet continuing education requirements in the first cycle of licensure.

The rules of other professions permit credentialing authorities to consider circumstances that interfere with completion of continuing education obligations. Typically, the grounds for exception are limited to enumerated exigencies, such as disability, for example, or absence from the country for military service. Allowing for a waiver that is not limited would result in the board receiving requests without a convincing rationale for waiver. Conversely, disallowing all waiver requests prevents the board from acknowledging circumstances that cause hardship and can unjustly deprive a credential holder of his or her right to practice the profession.

First time licensees apply for a license at varying intervals within a renewal period. For applicants who file on a date proximate to the renewal deadline, the continuing education requirement is the same as it is for those who file on a date proximate to the previous renewal date. There is no recognition of the incongruity this creates among applicants or the difficulties it creates for applicants who must complete all continuing education credits in a very limited period of time prior to the renewal date. Some credentialing authorities pro-rate credits. Others waive the requirement altogether. Without such a provision, applicants may delay filing for a license during the first cycle of licensure to avoid fulfilling the complete continuing education obligation on an abbreviated timeline. This could have an adverse impact on patient care, depending on the demand for occupational therapists at any given time.

SECTION 1 addresses two separate items. It exempts those individuals from having to take continuing education between the time they first receive their license until they begin a full two-year licensing period. In addition, it permits the board to grant either a postponement, waiver, or partial waiver of the continuing education requirements based upon prolonged illness, disability, or other grounds that constitute hardship. Each request is to be considered individually.

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

There is no existing or proposed federal regulation relating to continuing education requirements for occupational therapists or occupational therapy assistants.

Comparison with rules in adjacent states:

Minnesota:

Allows licensees issued a license for a period of not less than two years to prorate the number of contact hours required for renewal based on the number of months licensed. A waiver is allowed for extreme hardship. The waiver must be in writing and must state alternative measures if a waiver is granted. A written response to the request specifies the time limitation and required alternative measures, which must be equivalent of the continuing education being waived.

Illinois:

Compliance is not required in the initial cycle of licensure. Waivers may be granted for good cause, which is comprised of military service or hardship, i.e., an incapacitating illness, physical inability to travel to sites of approved programs, or similar extenuating circumstances.

Iowa:

Exemption is allowed for first time licensees at the first renewal. An automatic exemption is allowed for military service, meeting the requirements of another state, government employees assigned to duty outside of the United States, or when absent from a state, if the professional is engaged in active practice under circumstances approved by the board.

Michigan:

Michigan does not require continuing education for renewal of license.

Summary of factual data and analytical methodologies:

The board reviewed the rules of other regulatory boards and discovered many allow for a continuing education waiver and/or a hardship exemption. Discussions were held on the merits of aligning its rules with those that allow for both.

Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report:

The rule change would impose no additional record keeping requirements on small businesses. The rule would not have a disproportionate impact on small businesses.

Section 227.137, Stats., requires an “agency" to prepare an economic impact report before submitting the proposed rule-making order to the Wisconsin Legislative Council. The Department of Regulation and Licensing is not included as an “agency" in this section.

Anticipated costs incurred by private sector:

The department finds that this rule has no significant fiscal effect on the private sector.

Fiscal Estimate

The department finds that the proposed rule will have no significant fiscal impact.

Effect on small business:

These proposed rules will have no significant economic impact on small businesses, as defined in s. 227.114 (1), Stats. The Department's Regulatory Review Coordinator may be contacted by email at [e-mail], or by calling [phone].

Agency Contact Person

Pamela Haack, Paralegal, Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935. Telephone: [phone]. Email: [e-mail].

Place where comments are to be submitted and deadline for submission:

Comments may be submitted to Pamela Haack, Paralegal, Department of Regulation and Licensing, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935, or by email at [e-mail]. Comments must be received on or before November 22, 2006 to be included in the record of rule-making proceedings.

TEXT OF RULE

SECTION 1. OT 3.06 (6) and (7) are created to read:

OT 3.06 (6) During the time between initial licensure and commencement of a full 2-year licensure period, new licensees shall not be required to meet continuing education requirements.

(7) A licensee may apply to the board for a postponement or waiver of the requirements of this section on the grounds of prolonged illness, disability, or other grounds constituting hardship. The board shall consider each request individually on its merits and may grant a postponement, partial waiver, or total waiver of the requirements.

Notice of Hearing

Public Instruction

[CR 06-098]

NOTICE IS HEREBY GIVEN That pursuant to s. 227.11 (2) (a), Stats., and interpreting s. 115.881, Stats., the Department of Public Instruction will hold a public hearing as follows to consider the creation of Ch. PI 30, relating to grants for high cost special education. The hearing will be held as follows:

Date and Time   Location

November 28, 2006   Madison
4:00 - 6:00 p.m.   GEF 3 Building
  125 South Webster St.
  Room 041

The hearing site is fully accessible to people with disabilities. If you require reasonable accommodation to access any meeting, please call Sandra Berndt at [phone] or leave a message with the Teletypewriter (TTY) at [phone] at least 10 days prior to the hearing date. Reasonable accommodation includes materials prepared in an alternative format, as provided under the Americans with Disabilities Act.

Copies of Rule and Contact Person

The administrative rule and fiscal note are available on the internet at http://www.dpi.wi.gov/pb/rulespg.html. A copy of the proposed rule and the fiscal estimate also may be obtained by sending an email request to lori.slauson@ dpi.state.wi.us or by writing to:

Lori Slauson

Administrative Rules and Federal Grants Coordinator

Department of Public Instruction

125 South Webster Street

P.O. Box 7841

Madison, WI 53707

Written comments on the proposed rules received by Ms. Slauson at the above mail or email address no later than December 4, 2006, will be given the same consideration as testimony presented at the hearing.

Analysis prepared by the Dept. of Public Instruction

Statute interpreted: s. 115.881, Stats.

Statutory authority: s. 227.11 (2) (a), Stats.

Related statute or rule: None.

Explanation of agency authority:

Section 227.11 (2) (a), Stats., gives an agency rule-making authority to interpret the provisions of any statute enforced or administered by it, if the agency considers it necessary to effectuate the purpose of the statute.

Section 115.881, Stats., is a new grant program created under 2005 Wisconsin Act 25, that provides additional special education aid for high nonadministrative costs.

Because this is a grant program, rules need to be in place so applicants know what criteria are being used in the awarding of funds.

Plain language analysis:

The 2005-07 biennial budget, 2005 Wisconsin Act 25, appropriated $3,500,000 in 2006-07 for a new grant program to provide funds to a school board, board of control of a cooperative educational service agency, county children with disabilities education board, or operator of a charter school established under s. 118.40 (2r), Stats., if the applicant incurred, in the previous school year, more than $30,000 of nonadministrative costs for providing special education and related services to a child and those costs were not eligible for reimbursement under s. 115.88, 115.93, or 118.255, 20 USC 1400 et seq., or federal Medicaid.

Eligible applicants will be required to send the department the total nonadministrative costs incurred in the education of each pupil claimed. The department will then subtract from the reported total nonadministrative cost an average per pupil cost that was reimbursed to the applicants under the federal Individuals with Disabilities Education Act, state special education categorical aid, and federal Medicaid. The department will then multiply that amount that exceeds $30,000 by .90. If funds are insufficient, the department may prorate.

A new rule chapter will be created to specify the grant application requirements and determine aidable costs for the program.

Comparison with federal regulations: Not applicable.

Comparison with rules in adjacent states

Illinois, Minnesota, Iowa, and Michigan do not have administrative rules regarding high cost special education grant programs.

Summary of factual data and analytical methodologies

Children with severe disabilities often need costly nursing services and assistive technology, expenses that are currently not eligible for reimbursement under the special education categorical aid appropriation. This issue has been identified for a number of years as a priority by school districts around the state.

In her State of Education address in September 2003, the State Superintendent announced her Keeping the Promise initiative, designating $1.5 million in federal Individuals with Disabilities Education Act (IDEA) discretionary funding to Wisconsin schools for services to children with severe disabilities, specifically targeting direct services to educate children with high-cost special needs. Ultimately, a total of $2 million was set aside for 2003-04.

Aidable costs under the program include all costs (except administration) related to educating a high-cost student with special educational needs. Costs reimbursed by IDEA flow-through funds, Medicaid and special education categorical aids are deducted. Reimbursement is then calculated at 90 percent of the amount by which the total cost of providing special education and related services to an individual child exceeds $30,000 in the prior year.

In 2003-04, the first year of operation, 115 local education agencies (109 school districts, three CCDEBs and three CESAs) were approved for reimbursement. Eligible claims under the new program totaled $3.4 million for 2003-04. Therefore, payments were prorated at approximately 59 percent. Claims are expected to rise significantly over the next few years.

Discretionary federal IDEA funding provided a means to get this critically needed aid program started in 2003-04 and 2004-05. State funding was requested in the department's 2005-07 biennial budget request and was granted through 2005 Wisconsin Act 25 to continue the program and provide adequate reimbursement to school districts for these costs.

Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report: Not applicable.

Anticipated costs incurred by private sector: Not applicable.

Effect on small business

The proposed rules will have no significant economic impact on small businesses, as defined in s. 227.114 (1) (a), Stats.

Agency contact person

Stephanie Petska, Director, Special Education, phone: [phone], or email: [e-mail]

Fiscal Estimate

Under s. 20.255 (2) (bd), Stats., 2005 Wisconsin Act 25 appropriated $3,500,000 annually beginning in FY07 for a new grant program to provide funds to a school board, board of control of a CESA, county children with disabilities education board, or operator of a charter school, if the applicant incurred, in the previous school year, more than $30,000 of nonadministrative costs for providing special education and related services to a child and those costs are not eligible for reimbursement under s. 115.88, 115.93, or 118.255, 20 USC 1400 et seq., or federal Medicaid.

The proposed rules establish approval criteria for awarding additional special education aid as provided in the statute.

The rules will have no costs to local governments or small businesses.

Initial Regulatory Flexibility Analysis

The proposed rules are not anticipated to have a fiscal effect on small businesses as defined under s. 227.114 (1) (a), Stats.

Notice of Hearing

Public Service Commission

Hearing Date: Monday, December 4, 2006, 9:00 a.m.

Hearing Location: Public Service Commission, 610 North Whitney Way, Madison, WI

The Public Service Commission of Wisconsin proposes an order to repeal ch. PSC 118.02 (5), (9), and (10), 118.03 (2) and (3) (a), 118.04 (1) and (2) (a) to (d), and 118.05 (4); to renumber and amend PSC 118.05 (6); to amend PSC 118 (title), 118.01, 118.02 (7), 118.04 (2) (e) and (3), 118.05 (1), (2) (intro.) and (3), and 118.06 (1) and (4) (a); to repeal and recreate PSC 118.02 (13) and 118.06 (2); and to create PSC 118.04 (2) (g) and 118.07; relating to a renewable resource credit tracking program.

Analysis Prepared by the Public Service Commission of Wisconsin

Statutory authority:   ss. 196.02 (1) and (3), 196.378 (3) and 227.11, Stats.

Statute interpreted: s. 196.378, Stats.

2005 Wis. Act 141 (Act 141) modified Wisconsin's renewable portfolio standard (RPS), which prescribes minimum levels of electric energy that public utilities and electric cooperatives must produce from renewable resources for delivery to their customers. The new law sets a specific minimum level for each electric provider, using a baseline of the provider's average renewable energy production for the years 2001, 2002, and 2003:

Years   RPS Requirement

2006-2009   Not less than the 2001-2003 baseline percentage

2010-2014   Baseline plus 2 percent

After 2014   Baseline plus 6 percent

Previously, state law had specified a gradually increasing RPS that started with 0.5 percent of retail sales in 2001 and would have risen to 2.2 percent by 2011. Act 141 also changes what is defined as a “renewable facility." Prior law excluded most of the energy from pre-1998 hydroelectric facilities in the state. Act 141 includes all existing renewable generation for the years 2001-2003 to establish the baseline renewable percentage for each electric provider.

If an electric provider delivers more renewable energy to its customers than its RPS requirement from a “new" renewable facility that is placed in service after December 31, 2003, Act 141 allows the electric provider to create renewable resource credits (RRCs) that can be sold or saved for up to four years for future use. RRCs were also created under prior law, but Act 141 specifies that these old RRCs will expire on December 31, 2011. The proposed rules incorporate these changes in state law and establish an RRC tracking program, which can be either statewide or a multi-state, regional program. The proposed rules also identify the responsibilities of the program administrator, who must establish and operate a system that creates an account for each renewable generation facility, each electric provider, and any wholesale supplier that acts as an aggregator for its members or customers. In addition, the tracking system will record the amount of electricity each renewable facility in the area produces, will issue a certificate for every RRC, and will track RRCs from their creation until an electric provider uses them to meet its RPS or otherwise retires them. The proposed rules give the program administrator authority to audit the records of participating renewable generators and to perform any other function the Public Service Commission may designate.

Initial Regulatory Flexibility Analysis

The rule will have no effect on small business.

TEXT OF PROPOSED RULE

The text of the proposed rule is set forth as Attachment A.

Fiscal Estimate

The proposed rule changes allow for the establishment of a regional renewable credit tracking system and other changes required by WI Act 141 laws of 2005. There are no additional costs to state or local government as a result of these changes.

NOTICE IS GIVEN that pursuant to s. 227.16 (2) (b), Stats., the Commission will hold a public hearing on these proposed rule changes in the Amnicon Falls Hearing Room at the Public Service Commission Building, 610 North Whitney Way, Madison, Wisconsin, on Monday, December 4, 2006, at 9:00 a.m. This building is accessible to people in wheelchairs through the Whitney Way (lobby) entrance. Handicapped parking is available on the south side of the building.

Written Comments

Any person may submit written comments on these proposed rules. The hearing record will remain open for written comments from the public until December 13, 2006. All written comments must include a reference on the filing to docket 1-AC-221. File by one mode only.

Industry: File comments using the Electronic Regulatory Filing system. This may be accessed from the Commission's website psc.wi.gov.

Members of the Public:

If filing electronically: Use the Public Comments system or the Electronic Regulatory Filing system. Both of these may be accessed from the Commission's website psc.wi.gov.

If filing by mail, courier, or hand delivery: Address your comments as shown in the box on page 1.

If filing by fax: Send fax comments to [phone]. Fax filing cover sheet must state “Official Filing," the docket number 1-AC-221, and the number of pages (limited to 25 pages for fax comments).

Contact Person

Questions regarding this matter should be directed to Paul Helgeson at [phone]. Media questions should be directed to Linda Barth, Director of Governmental and Public Affairs at [phone]. Hearing or speech-impaired individuals may also use the Commission's TTY number, if calling from Wisconsin [phone], if calling from outside Wisconsin [phone].

The Commission does not discriminate on the basis of disability in the provision of programs, services, or employment. Any person with a disability who needs accommodations to participate in this proceeding or who needs to get this document in a different format should contact Paul Helgeson, as indicated in the previous paragraph, as soon as possible.

TEXT OF PROPOSED RULE

SECTION 1. Chapter PSC 118 (title) is amended to read:

CHAPTER PSC 118

RENEWABLE RESOURCE CREDIT TRACKING PROGRAM

SECTION 2. PSC 118.01 is amended to read:

PSC 118.01 Scope. This chapter applies to each Wisconsin electric provider that creates an RRC or uses an RRC to meet the requirements of s. 196.378 (2) (a), Stats.

SECTION 3. PSC 118.02 (5) is repealed.

SECTION 4. PSC 118.02 (7) is amended to read:

PSC 118.02 (7) "Program administrator" means the person responsible for carrying who carries out the administrative responsibilities related to the renewable resource credit trading tracking program.

SECTION 5. PSC 118.02 (9) and (10) are repealed.

SECTION 6. PSC 118.02 (13) is repealed and recreated to read:

PSC 118.02 (13) “RRC tracking program" means a program that tracks the selling, transferring, purchasing, and retiring of RRCs created on or after January 1, 2004.

SECTION 7. PSC 118.03 (2) and (3) (a) are repealed.

SECTION 8. PSC 118.04 (1) and (2) (a) to (d) are repealed.

SECTION 9. PSC 118.04 (2) (e) is amended to read:

PSC 118.04 (2) (e) Renewable energy that would meet the definition of an RRC under s. PSC 118.02(10) 196.378(1)(i), Stats., except that it consists of less than one MWh, shall constitute a fraction of an RRC. A fractional RRC may not be smaller than 0.01 MWh.

SECTION 10. PSC 118.04 (2) (g) is created to read:

PSC 118.04 (2) (g) 1. An RRC created before January 1, 2004, may be sold or used to meet an electric provider's minimum percentage requirement under s. 196.378 (2) (a), Stats. The RRCs described in this subdivision may only be used until December 31, 2011, as provided in s. 196.378 (3) (c), Stats.

2. An RRC created on or after January 1, 2004, but produced by a renewable facility that was placed into service before January 1, 2004, may be sold or used to meet an electric provider's minimum percentage requirement under s. 196.378 (2) (a), Stats., only if the RRC constituted an incremental increase in output from the renewable facility due to capacity improvements that were made on or after January 1, 2004, as provided in s. 196.378 (3) (a) 2., Stats. If the renewable facility was originally constructed prior to January 1, 2004, but is entirely replaced with a new and more efficient facility, all of the output from the new facility constitutes an incremental increase and can be used to create RRCs. The RRCs described in this subdivision may only be used through the fourth year after their creation, as provided in s. 196.378 (3) (c), Stats.

3. An RRC created on or after January 1, 2004, that is produced by a renewable facility placed into service on or after January 1, 2004, may be sold or used to meet an electric provider's minimum percentage requirement under s. 196.378 (2) (a), Stats. The RRCs described in this subdivision may only be used through the fourth year after their creation, as provided in s. 196.378 (3) (c), Stats.

SECTION 11. PSC 118.04 (3) is amended to read:

PSC 118.04 (3) When an RRC is credited to an electric provider's account under sub. (2), the account owner may sell or transfer the RRC to another electric provider. Any person selling or transferring an RRC shall report the sale or transfer to the program administrator within 10 days of the transaction. The program administrator shall then credit the RRC account of the new owner and debit the RRC account of the prior owner. An RRC may continue to be sold or traded only if each seller or transferor reports the transaction to the program administrator within 10 days of its consummation.

SECTION 12. Section PSC 118.05 (1), (2) (intro.) and (3) are amended to read:

PSC 118.05 (1) (a) An electric provider may only use the energy of a certified renewable facility for creation of an RRC. The commission shall certify renewable facilities or it may delegate this responsibility to the program administrator.

(b) The program administrator may not award an RRC before the date that the commission certifies a renewable facility is certified, but the program administrator may award an RRC for energy that a certified renewable facility produced subsequent to the date the commission received the it delivered its request for certification.

(2) (intro.) To obtain commission certification, the electric provider generating or purchasing energy from a renewable facility, or a designated representative, shall provide the following registration information in a format approved by the commission:

(3) The commission shall inform both the program administrator and or the program administrator shall inform the electric provider, or its designated representative, whether it has certified a renewable facility for which it has received an application under sub. (2).

SECTION 13. Section PSC 118.05 (4) is repealed.

SECTION 14. Section PSC 118.05 (6) is renumbered PSC 118.06 (5) and is amended to read:

PSC 118.06 (5) The program administrator may not create award RRCs for energy produced by a decertified renewable facility.

SECTION 15. Section PSC 118.06 (1) is amended to read:

PSC 118.06 (1) The commission shall, using a competitive process, contract with a program administrator who may operate either a statewide or a regional RRC tracking program.

SECTION 16. Section PSC 118.06 (2) is repealed and recreated to read:

PSC 118.06 (2) The program administrator shall:

(a) Create an account for each electric provider.

(b) Create an account for each certified renewable facility that participates in the tracking program and record the amount of metered MWh sold at retail that is reported for the facility.

(c) Register each renewable facility the commission has certified, including the following data about the facility:

1. Its electric provider's account number.

2. Its location, owner, technology, date placed in service, and rated capacity.

3. Its expected annual energy production.

4. Information about the facility's meter that allows the program administrator to verify its accuracy.

5. Any additional data the commission considers necessary for proper operation of the tracking program.

(d) Establish and maintain a system for tracking RRCs that does all of the following:

1. Issues a unique electronic certificate for each MWh of renewable energy produced by a certified renewable facility that is located in the area covered by the tracking system, that is owned by a participating electric provider, or that is under contract to deliver electric energy to a participating electric provider. The certificate shall identify which certified renewable facility produced the MWh, when it was produced, and any other characteristics the commission considers necessary.

2. Records RRC ownership and each transfer between account holders.

3. Retires each RRC that meets any of the following:

a. An electric provider uses to meet all or part of its minimum percentage requirement under s. 196.378 (2) (a), Stats.

b. Becomes four years old.

c. An electric provider chooses to retire for any other reason.

(e) Audit registered renewable facilities, as needed, to verify the accuracy of metered production data.

(f) Track and report each electric provider's compliance with the minimum percentage requirement under s. 196.378 (2) (a), Stats.

(g) Perform any other function the commission may designate.

SECTION 17. Section PSC 118.06 (4) (a) is amended to read:

PSC 118.06 (4) (a) Annually, the program administrator shall report to the commission the costs incurred in operating the RRC trading tracking program and recommend an assessment of these costs to electric providers and other tracking system participants that hold RRC accounts. The program administrator shall base part of this proposed assessment of costs on the number of each electric provider's RRC transactions, the size of these transactions, or both. These factors shall determine how a majority of the costs are assessed.

SECTION 18. Section PSC 118.07 is created to read:

PSC 118.07 Aggregation and allocation by wholesale suppliers. If a wholesale supplier aggregates the minimum percentage requirements of its members or customers under s. 196.378 (2) (a), Stats., or allocates RRCs among its members or customers, it shall do so in a manner that is acceptable to the members or customers.