Rule-Making Notices (Hearing Notices)

rulemaking_notices Wisconsin Administrative Register No. 546, 6/30/2001

Rule-making notices

Notice of Hearing

Department of Commerce

(Financial Resources for Business & Communities, Chs. Comm Chs. 105 - 128)

[CR 01-070]

NOTICE IS HEREBY GIVEN that pursuant to ss. 560.02 (4) and 560.032, Stats., the Department of Commerce will hold a public hearing on an emergency rule and a proposed permanent rule relating to allocation of volume cap on tax-exempt private activity bonds.

The public hearing will be held as follows:

Date and Time:   Location:

Monday, July 16, 2001   Rm 3B, Thompson Commerce Ctr

10:00 a.m.   201 W. Washington Avenue

  Madison

Interested persons are invited to appear at the hearing and present comments on the emergency rule and proposed permanent rule. 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 July 20, 2001, 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 Richard Meyer, Department of Commerce, P.O. Box 2689, Madison, WI 53701-2689. Comments may also be forwarded electronically via E-mail to Richard Meyer at [e-mail].

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 [phone] or [phone] (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 request by a person with a disability.

Analysis of Proposed Rules

Statutory authority: ss. 560.02 (4) and 560.032, Stats.

Statute interpreted: s. 560.032, Stats.

Pursuant to section 560.032, Stats., the Department of Commerce is responsible for administering the allocation of volume cap on tax-exempt private activity bonds. The proposed rule has been adopted as an emergency rule to incorporate into the administrative code recent changes to the Internal Revenue Code which increase state volume cap limits on tax-exempt private activity bonds. The year 2000 limit in the Internal Revenue Code was $50 per resident of the state. For the year 2001 the limit has been raised to $62.50; for the 2002 the limit will be $75.00; and thereafter the limit will be indexed to inflation. The rule outlines the distribution of the volume cap[ between the State Building Commission, the Wisconsin Housing and Economic Development Authority, and the Department of Commerce. The current rules are also being revised to provide an allocation process that will allow the Department of Commerce to be more responsive to the needs of businesses as changes occur in the state's economy.

Initial Regulatory Flexibility Fiscal Estimate

1. Types of small businesses that will be affected by the rules.

The proposed rules are not expected to have any impact on small businesses except for businesses located within the state that desire to obtain the economic benefit of industrial revenue bond financing using the volume cap allocated by the Department of Commerce.

2. Reporting, bookkeeping and other procedures required for compliance with the rules.

No special reporting, bookkeeping or other procedures are required for compliance with the rules.

3. Types of professional skills necessary for compliance with the rules.

No professional skills are necessary for compliance with the rules.

This rule incorporates recent changes in the federal internal revenue code, which increases the state volume cap limits on tax-exempt private activity bonds, outlines the distribution of volume cap between the Building Commission, WHEDA and Commerce and revises the allocation process.

The rule eliminates the application fee and increases the bond-closing fee to cover the administration costs. The Department of Commerce anticipates that this rule will generate approximately $144,000 in PR funds from the bond-closing fee to offset the administration of the program.

Copies of the emergency rule and proposed permanent rule may be obtained without cost from Ronald Acker, Department of Commerce, P.O. Box 2689, Madison, WI 53701-2689, Email [e-mail], telephone [phone] or [phone] (TTY). Copies will also be available at the public hearing.

Notice of Hearings

Natural Resources

(Fish, Game, etc., Chs. NR 1—)

[CR 01 - 066]

NOTICE IS HEREBY GIVEN that pursuant to ss. 29.014, 29.041, 29.197 and 227.11 (2) (a), Stats., interpreting ss. 29.014, 29.041 and 29.197, Stats., the Department of Natural Resources will hold public hearings on revisions to ch. NR 10, Wis. Adm. Code, relating to the 2001 migratory game bird seasons. The proposed regulations include:

Ducks – The state is divided into two zones each with 60-day seasons beginning at noon September 29 and continuing through November 27. The daily bag limit in both zones is 6 ducks, including 4 mallards, of which only one may be a hen, and one canvasback for the entire 60 days.

Canada geese – The state is apportioned into 3 goose hunting zones: Horicon, Collins and Exterior. Other special goose management subzones within the Exterior Zone include Brown County, Burnett County, Rock Prairie and the Mississippi River. Season lengths are: Collins Zone – 73 days; Horicon Zone – 94 days; Exterior Zone – 94 days; and Mississippi River Subzone – 80 days. The Burnett County subzone is closed to Canada goose hunting.

Youth waterfowl hunt – A daily bag limit for Canada goose during the 2-day youth waterfowl hunt is created.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses.

NOTICE IS HEREBY FURTHER GIVEN that the 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:

August 6, 2001   County Admin. Ctr, 400 N. 4th Street, Monday   La Crosse

  at 7:00 p.m.

August 7, 2001   Conference Rm 1, DNR Service Center, Tuesday   107 Sutliff Ave., Rhinelander

  at 7:00 p.m.

August 8, 2001   Room 310, Green Bay City Hall, 100 N.     Wednesday   Jefferson Street, Green Bay

  at 7:00 p.m.

August 9, 2001   Comfort Suites, Hwy. J & I-94, Pewaukee

Thursday   at 7:00 p.m.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Jon Bergquist at [phone] with specific information on your request at least 10 days before the date of the scheduled hearing.

Fiscal Estimate

There is no fiscal impact anticipated from this proposed rule.

Written comments on the proposed rule may be submitted to Mr. Jon Bergquist, Bureau of Wildlife Management, P.O. Box 7921, Madison, WI 53707 no later than August 10, 2001. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rule [WM-21-01] and fiscal estimate may be obtained from Mr. Bergquist.

Notice of Hearings

Natural Resources

(Environmental Protection - Water Regulation, Chs. NR 300—)

[CR 01 - 054]

NOTICE IS HEREBY GIVEN that pursuant to s. 227.11 (2) (a), Stats., interpreting ss. 30.01 (6e), 30.13 (1m), 30.12, 30.133 (1) and 30.134 (5), Stats., the Department of Natural Resources will hold public hearings on revisions to s. NR 326.03 and the creation of ss. NR 326.08 and 326.09, Wis. Adm. Code, relating to the regulation of swim rafts and the definition of “impoundment" and “similar conveyance". The proposed rule creates a definition for the term “impoundment" because this term is not defined in the statutes. Section 30.134, Stats., gives individuals engaged in water-related recreational activities the right to use the shore up to the ordinary high water mark on streams. This right does not exist on lakes and impoundments. Section NR 326.09 is created to state that the boundaries of the pool of an impoundment shall be determined at normal summer water levels.

The proposed rule also creates a definition for the term “similar conveyance". Section 30.133, Stats., prohibits the conveyance of riparian rights by easement or similar conveyance. It seems unlikely that the Legislature intended to prohibit thousands of short-term leases of riparian space such as occurs at marinas. The proposed definition clarifies that any conveyance of riparian rights by lease may not exceed 2 years.

The proposed rule creates s. NR 326.08 for the regulation of swim rafts. Swim rafts are exempt from permit requirements provided the swim raft does not interfere with public rights in navigable waters, the rights of other riparians and is placed within 200 feet of shore. As swim rafts increase in size, they affect the general public's right to use near-shore waters and potentially harm the near-shore aquatic environment by shading aquatic vegetation. The proposed rule subjects swim rafts in excess of 100 square feet to the permit requirements of s. 30.12, Stats.