Update Scientific Name: Salix planifolia ssp. planifolia
Thickspike (Elymus lanceolatus ssp psammophilus), THR - S2
Update Scientific Name: Elytrigia dasystachya
Tufted Bulrush (Scirpus cespitosus), THR - S2
Update Scientific Name: Trichophorum cespitosum
Description of Existing Policies Relevant to the Rule and of New Policies Proposed to be Included in the Rule and an Analysis of Policy Alternatives; the History, Background and Justification for the Proposed Rule
Wisconsin Adm. Codes, NR 27 and NR 10.02 and State statute, s.
29.604 (3) (b) Wis. Stats. No new policies proposed.
Statutory Authority for the Rule (Including the Statutory Citation and Language)
State statute, s.
29.604 (3) (b) Wis. Stats., gives the DNR the authority to periodically review and, after public hearing, to revise the E/T list.
Estimate of the Amount of Time that State Employees will Spend to Develop the Rule and of Other Resources Necessary to Develop the Rule
The department anticipates that approximately 700 hours (over 2 years) of staff time will be needed to develop the rule. It is anticipated that minimal funding is needed for public hearings.
Description of all of the Entities that may be Impacted by the Rule
A revision to the E/T list will likely generate a large amount of interest that will be addressed through systematic review, discussion, and transparency of the process. Groups likely to be impacted or interested in the issue include: the conservation community, project applicants through the environmental review process, and the general public.
The regulatory impact of listing a species:
•
E/T species are checked for when department staff conduct, fund or approve an activity. Avoidance measures are provided to project applicants to enable them to avoid take of the species.
•
For projects that are not able to avoid take, Wisconsin's endangered species law allows for the issuance of incidental take permits. Incidental take permits allow for projects to occur where take of an endangered or threatened species is likely and where take can also be minimized and mitigated.
•
The department has also created several broad incidental take permits to provide blanket incidental take coverage for routine activities. A broad incidental take permit, unlike an individual incidental take permit, does not require an application, processing time or a fee. The most recent broad incidental take permits cover grassland management and cave bats.
Summary and Preliminary Comparison of any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Rule
There are no known federal regulations or decisions.
The only Federal Endangered, Threatened, or Candidate species proposed for a change is Kirtland's Warbler, which is currently Federally Endangered.
Preliminary Estimate of Economic Impact (Level 1 - $20 million and over; Level 2 - less than $20 million; Level 3 - little or no economic impact)
Level 2: Less than $20 million
The economic cost of listing a species is highly dependant on its range and distribution, seasonal occurrence, habitat requirements, management needs, sensitivity to disturbance etc. An economic impact assessment will be required for every proposed list change. Two examples from currently listed species:
•
Henslow's Sparrow (Ammodramus henslowii) - Since only the species is protected and not its habitat, impacts to birds can easily be avoided by scheduling activity outside of the breeding season. Henslow's sparrow does not often come into conflict with development projects because of the location and distribution of this species in the state. Little to no economic impact.
•
Ellipse mussel (Venustaconcha ellipsiformis) – Since mussels occupy the same site annually with little movement, relocations are often necessary for projects impacting the ellipse, such as bridge repairs or replacements, utility crossings, and other river alterations. Modest costs.
Updating the E/T list to focus conservation efforts and avoidance/minimization measures on WI's most at risk species will ultimately save money. All actions that the department conducts, funds or approves on public or private lands must be screened for potential impacts to rare species. Endangered Resources Screening relies on NHI data for records of rare species occurrences. The number of NHI records for species proposed for addition to the E/T list is far fewer than the number of records for species proposed for listing – eight species are proposed for listing (with a total of 195 NHI occurrences) versus 16 species proposed for delisting (with a total of 1071 NHI occurrences). Reducing the number of E/T species records will lessen regulatory impacts to businesses and individuals.
Contact Person
Laurie Osterndorf
Bureau Director, Endangered Resources
Department of Natural Resources
P.O. Box 7921
Madison, WI 53707-7921
Telephone: (608) 267-7552
Revenue
This scope statement was approved by the governor on November 14, 2011
Rule No.
Relating to
Sales and use tax exemptions for biotechnology.
Description of the Objective of the Rule
The objective of the proposed rule is to create Section
Tax 11.07, relating to sales and use tax exemptions for biotechnology under s.
77.54 (57), Stats. The proposed rule will prescribe the manner in which a biotechnology business will be certified. It will also prescribe the manner of determining the percent needed to establish if the definition of “primarily," which is defined as “more than 50%" under s.
77.54 (57) (a) 4., Stats., is met.
Description of Existing Policies Relevant to the Rule and of New Policies Proposed to be Included in the Rule and an Analysis of Policy Alternatives
Existing policies are as set forth in the rules. No new policies are being proposed, other than to reflect law changes.
Statutory Authority
Section
227.11 (2) (a), Stats., provides “[e]ach agency may promulgate rules interpreting the provisions of any statute enforced or administered by the agency, if the agency considers it necessary to effectuate the purpose of the statute..."
Section
77.54 (57) (a) 1m., Stats., provides: “`Biotechnology business' means a business, as certified by the department in the manner prescribed by the department, that is primarily engaged in the application of biotechnologies that use a living organism or parts of an organism to produce or modify products to improve plants or animals, develop microorganisms for specific uses, identify targets for small molecule pharmaceutical development, or transform biological systems into useful processes and products."
Estimate of the Amount of Time that State Employees will Spend to Develop the Rule and of Other Resources Necessary to Develop the Rule
The department estimates it will take approximately 100 hours to develop the proposed rule order.
Description of all of the Entities that will be Affected by the Rule
Biotechnology businesses seeking certification for purposes of the exemptions under s.
77.54 (57), Stats. Tax practitioners and others who rely on up-to-date and accurate administrative rules.
Summary and Preliminary Comparison of any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Rule
There is no existing or proposed federal regulation that is intended to address the activities to be regulated by the rule.
Contact Person
Dale Kleven (608) 266-8253.
Safety and Professional Services
(formerly Commerce)
Date of governor's approval: November 8, 2011.
Rule No.
Relating to
Fire prevention.
Description of the Objective of the Rule
The primary objective of this rulemaking project is to evaluate and update provisions of Wisconsin's
Fire Prevention Code, Chapter
Comm 14. This rulemaking update is intended to keep this Code consistent with dynamic, contemporary regional and national construction and fire prevention practices and standards.
Description of Existing Policies Relevant to the Rule and of New Policies Proposed to be Included in the Rule and an Analysis of Policy Alternatives
Wisconsin's Fire Prevention Code primarily contains standards for the use, operation and maintenance of public buildings and places of employment. The current rules adopt and reference the 2009 edition of the National Fire Protection Association's NFPA® 1, Fire Code. The Fire Prevention Code also establishes duties and requirements for fire departments and municipalities that receive fire dues payments through the department.
The primary purpose of the rules under consideration is to protect public health, safety, and welfare. Periodic review and update of the rules is necessary to ensure that the rules still achieve that purpose. In addition, the review and update allows the opportunity to recognize and stay current with new construction and new fire prevention products and practices. The review and update process will include evaluation of the 2012 edition of NFPA 1.
The primary alternative would be to delay the rule-review process. This delay would reduce the public benefits that would otherwise occur by beginning this review now.
Statutory Authority
Estimate of the Amount of Time that State Employees will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
The department estimates approximately 500 hours will be needed to perform the review and develop any needed rule changes. This time includes drafting the changes – in consultation with the department's Comm 14 advisory council – and processing the changes through public hearings, legislative review, and adoption. The department plans to assign existing staff to perform the review and develop the rule changes, and no other resources will be needed.
Description of all of the Entities that will be Affected by the Rule
This update of the
Fire Prevention Code may impact any entity, regardless of size, that owns or utilizes a public building or place of employment in Wisconsin, and may impact any fire department or municipality that participates in the fire dues distribution under sections
101.573 and
101.575 of the Statutes.
Summary and Preliminary Comparison of any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Rule
An Internet-based search for “fire prevention" in the
Code of Federal Regulations identified the following existing federal regulations that potentially address fire prevention at places of employment in Wisconsin:
29 CFR 1910–Occupational Safety and Health Standards,
29 CFR 1926–Safety and Health Regulations for Construction,
30 CFR 56–Safety and Health Standards–Surface Metal and Nonmetal Mines,
30 CFR 57–Safety and Health Standards–Underground Metal and Nonmetal Mines,
33 CFR 127–Waterfront Facilities Handling Liquefied Natural Gas and Liquefied Hazardous Gas, and
41 CFR 102–Federal Management Regulation (for federally owned and leased buildings). Federal regulations addressing fire prevention for vehicles on public thoroughfares include
46 CFR 28–Requirements for Commercial Fishing Industry Vessels,
46 CFR 34–Firefighting Equipment (on tank vessels), and
46 CFR 76–Fire Protection Equipment (on passenger vessels).
An Internet-based search for “fire prevention" in the January 3 to September 7, 2011, issues of the
Federal Register did not identify any proposed federal regulations that address fire prevention at public buildings or places of employment in Wisconsin. Proposed federal regulations addressing fire prevention for vehicles on public thoroughfares include
46 CFR 142 and
143 (for inspection of towing vessels).
No changes to Comm 14 are expected to supersede the above federal requirements, so no comparison is made here to those requirements.
Safety and Professional Services — Physical Therapists Affiliated Credentialing Board
This scope statement was approved by the Physical Therapy Examining Board for publication on September 29, 2011 and by Governor Walker on November 8, 2011.
Rule No.
SPS # 165 – Revises Chapter
PT 7 — Unprofessional Conduct and Chapter
PT 8 — Biennial License Renewal.
Relating to
Standards of professional conduct by physical therapists and physical therapist assistants.
Description of the Objective of the Rule
Modernize the rules governing the standard of conduct for licensed physical therapists and physical therapy assistants and licensure renewal to reflect current trends in the profession and the passage of recent legislation.
