Scope statements
Health and Family Services
Subject
To amend selected provisions of ch.
HFS 160 based on the Department's experiences certifying sanitarians since January 1, 1982.
Policy analysis
Chapter
HFS 160 sets minimum qualifications for persons seeking the professional recognition conveyed by the credential "Registered Sanitarian." A Registered Sanitarian is a person trained and experienced in the field of sanitary science and technology. A sanitarian's role is to perform educational and inspection duties or enforce the law in the field of environmental health services. Local public health agencies may employ Registered Sanitarians to provide their needed environmental health duties. However, currently, Wisconsin statutes do not require persons working as sanitarians to be registered under ch.
HFS 160.
Chapter
HFS 160 specifies the minimum training and experience threshold in environmental health services for persons to be eligible to submit an application for examination and the need to pass a nationally recognized proficiency examination for persons to be issued a certificate of “Registered Sanitarian." The chapter also specifies that certificates issued and examinations administered by jurisdictions outside Wisconsin will be considered equivalent to one issued by the Department if the Department determines that the requirements for those certificates and examinations do not vary significantly from the requirements set forth in ch.
HFS 160. The Department issues registration certificates if the Department finds the applicant meets the educational, employment and testing criteria identified in ch.
HFS 160. Currently, Wisconsin has approximately 500 Registered Sanitarians.
The Department repealed and recreated ch. HFS 160 in 1982 and has not revised the chapter since. The Department proposes to revise ch.
HFS 160 based on the Department's experience in administering the rule and based on comments received from the Sanitarian Registration Committee and Registered Sanitarians. Possible revisions may include the following:
1. Adding a continuing education requirement for the certificate renewal process.
2. Increasing the biennial renewal fee to support the additional costs of administering the training and testing associated with the continuing education requirement.
3. Revising the minimum qualifications for application and examination.
4. Clarifying the appeal process and records retention provisions currently expressed in s.
HFS 160.07 (3).
5. Replacing the term “sanitarian" with the more commonly used title of “Environmental Health Specialist."
6. Amending the definition of “environmental health" to more closely reflect the definition of the term in ch. 254.01 (1), Stats.
7. Amending the rule to reflect the biennial renewal of certifications in s.
250.05 (6), Stats., instead of the annual renewal cycle currently expressed in s.
HFS 160.08.
8. Improving the overall readability of the chapter.
While the Department anticipates these proposed changes would increase existing certificate holders' costs of retaining this credential, the Department also expects the changes would enhance certificate holders' ongoing professional education and marketability. Consequently, the Department anticipates that the proposed changes would be supported by the public, Registered Sanitarians and employers of Registered Sanitarians.
Statutory authority
Staff time required
The Department estimates that it should take Bureau of Environmental Health staff about 200 hours over the course of about one year to develop the proposed rules. The Department will utilize its existing 7-member Sanitarian Registration Committee as an advisory body to develop the initial proposed rules. Five of the 7 members are Registered Sanitarians and represent the spectrum of sanitarians in both the private and public sectors. Two members of the committee are consumer advocates.
Natural Resources
Subject
Chapter
NR 20 pertaining to fishing regulations on inland waters, particularly the proposed bass regulation change for the Lower Wisconsin River.
Policy analysis
A proposal to increase the minimum length limit from 14" to 18" for bass on the Lower Wisconsin River (LWR) downstream from the Prairie du Sac dam was presented and voted upon at the 2002 Spring Fish and Game Hearings. The proposal was supported statewide and in the South Central Region by the popular vote. However, the lower 4 counties that border the LWR (Iowa, Richland, Grant, Crawford) opposed the proposed change. The Bureau of Fisheries Management and Habitat Protection (FH) supported the proposal and recommended adoption at the May NRB meeting. The Wisconsin Conservation Congress opposed the proposal and recommended that the NRB not adopt the rule at the May NRB. The Board directed the Department to work out a compromise with the public and come back to the Board.
A public meeting has been scheduled for December 10 in Dodgeville to gather public input into alternative regulations for bass on the LWR. A revised proposal will likely be developed with input from that meeting and submitted to the FH Bureau.
These proposed fishing regulation changes would affect and be of interest to most anglers in the state, and could be of interest to those in the tourism industry involved in fishing.
Statutory authority
Staff time required
Approximately 100 hours will be needed by the Department.
Natural Resources
Subject
Annual adjustment of timber stumpage rates in s.
NR 46.30; requiring a copy of recorded instruments of title; and additional language adjustments reflecting action taken by the Legislature in
2001 Wis. Act 109 regarding Forest Crop Law conversion to Managed Forest Law and a change to application fees and process for the Managed Forest Law.
Policy analysis
The Department is proposing changes to s.
NR 46.30 covering the annual forest tax law stumpage rates. There is also the need to revise ch.
NR 46 to incorporate and define changes to subch.
VI of ch. 77, Stats., that were a part of
2001 Wis. Act 109, effective July 30, 2002. Changes included:
• The opportunity to convert existing Forest Crop Law contracts to new Managed Forest Law (MFL) orders;
• A $100 application fee for MFL applications that are submitted without a complete and qualifying plan;
• A $20 application fee for MFL applications submitted with a complete and qualifying plan;
• Recodifying the application fee set in s.
NR 46.16 (1) (c) to the revised statute.
Chapter
77, Stats., requires an annual determination of the stumpage values used in calculating severance and yield taxes on timber cut from Forest Croplands and Managed Forest Lands. Changes proposed to incorporate other changes in ch.
77 are needed to ensure a consistent application and administration of the statutes across the state.
Statutory authority
Staff time required
Approximately 85 hours will be needed by the Department.
Natural Resources
Subject
The Department is proposing to amend ch.
NR 168 pertaining to the Brownfield Site Assessment Grant program. This rule describes the requirements for this grant program which provides funds to local governments to conduct environmental site assessments, tank removal, and other preliminary activities at contaminated properties.
Policy analysis
These rule changes will make improvements to the requirements for this grant program. The Department plans to work with the Brownfields Study Group to determine what specific changes to the rule should be included. Specific areas that will be reviewed for changes include the share of the funding that must be allocated to small and large grants, improvements to the scoring system, and clarifying the requirements when communities seek more than one grant in different rounds for the same site. In addition, some sections of the rule need to be updated based on statutory changes that were made to s.
292.75, Stats., in the 2001-2003 budget (
2001 Wisconsin Act 16).
Statutory authority
Staff time required
Approximately 210 hours will be needed by the Department to promulgate and implement the proposed rule changes. The Department anticipates seeking authorization for hearings from the Board in April 2003 and seeking adoption of the rule in June of 2003.
