Before the city may issue appropriation bonds, however, the city must enact an
ordinance to implement a five-year strategic and financial plan related to the
payment of unfunded employee retirement benefits. The financial plan must provide
that future annual pension liabilities are funded on a current basis and must contain
quantifiable benchmarks to measure compliance with the plan. Annually, the
common council must report to the legislature, DOR, DOA, and the governor on a
number of issues related to the appropriation bonds. If the city does not fully fund
the lower of either the required cost contribution for a particular year or the normal
cost for that year, DOR must reduce and withhold from the city's shared revenue
payments the difference between its required cost contribution and the amount the
city actually contributes to the system for that year. DOR must deposit the withheld
amount into the city's employee retirement system.
The bill states that a first class city is not generally liable for appropriation
bonds, and appropriation bonds are not a debt of the city for any purpose whatsoever.
Appropriation bonds, including the principal and interest payments, are payable
only from amounts that the common council may, from year to year, appropriate.
A similar statute currently applies to a county with a population of 500,000 or
more (presently only Milwaukee county).
This bill requires DOR to impose annually an administrative fee of $150 on each
tax incremental district (TID) or environmental remediation TID (ERTID) for which
DOR authorizes the allocation of a tax increment. The fee is imposed on the
municipality that created the TID or on the municipality or county that created the
ERTID.
Generally, under current law, the governing body of a political subdivision may
enact an ordinance or adopt a resolution declaring itself to be a premier resort area
if at least 40 percent of the equalized assessed value of the taxable property within
the political subdivision is used by tourism-related retailers. A premier resort area
may impose a tax at a rate of 0.5 percent of the gross receipts from the sale, lease,
or rental of goods or services that are subject to the general sales and use tax and are
sold by tourism-related retailers. The proceeds of the tax may be used only to pay
for infrastructure expenses within the premier resort area, including the costs of
purchasing, constructing, or improving parking lots; transportation facilities; sewer
and water facilities; recreational facilities; fire fighting equipment; and police
vehicles.
This bill expands the infrastructure expenses for which the tax proceeds may
be used to include exposition center facilities used primarily for certain specified
activities, including conventions, trade shows, musical or dramatic events, and
educational, cultural, recreational, sporting, and commercial activities.
Under current law, a local governmental unit (which includes a city, village,
town, county, school district, sewerage district, and drainage district) may provide
health and life insurance for employees, officers, and their spouses and dependent
children. Under this bill, such coverage may also be provided for an employee's and
officer's domestic partner and dependent children.
natural resources
Fish, game, and wildlife
Under current law, if a court imposes a fine or forfeiture for a violation of certain
laws regulating hunting, fishing, or trapping, or for a violation of other laws
regulating wild animals, the court must also impose a wildlife violator compact
surcharge of $5. This bill increases the surcharge to $20.
Currently, under the wildlife damage claim program, DNR makes payments to
any eligible person for damage to the person's crops, orchard trees, nursery stock,
apiaries, or livestock caused by certain wild animals. This bill raises the minimum
amount for which a claim may be made from $250 to $500. The bill also lowers the
maximum payment from $15,000 to $10,000 for each claim.
Under current law, DNR and the Lac du Flambeau band of the Lake Superior
Chippewa have an agreement under which the band agrees to limit its treaty-based,
off-reservation rights to fish in exchange for the band being able to issue DNR
fishing licenses and stamps as an agent of DNR. The band retains all of the fees that
the band collects for these fishing licenses and stamps.
For licenses and stamps issued by other DNR agents within the boundaries of
the band's reservation, current law authorizes, but does not require, DNR to make
an annual payment to the band that equals what the band would have received had
it issued those licenses and stamps (reimbursement amount). Current law requires
DNR to annually pay to the band $50,000, which must be used for fishery
management on the reservation. This bill eliminates this mandatory payment.
Instead, the bill requires DNR annually to pay the band the reimbursement
amount or the amount appropriated for that payment, whichever is greater.
Navigable waters
Current law requires DNR to conduct a detailed inspection of each large dam
that is maintained or operated in or across navigable waters. Under this bill, DNR
must classify each dam in this state as a high hazard, significant hazard, or low
hazard dam. DNR must inspect high hazard dams and significant hazard dams once
every ten years. The bill also requires each owner of a large dam, regardless of the
dam's classification, to engage a professional engineer to inspect the owner's dam on
a regular basis. The frequency of the required inspection is based upon the dam's
hazard classification. The bill also provides that the inspection requirements
imposed upon DNR and upon dam owners apply to all large dams, not just those
maintained or operated in or across navigable waters.
Under current law, DNR administers a financial assistance program for
projects that increase dam safety, including projects to maintain, repair, or remove
a dam. DNR may contract public debt for the dam safety program. This bill increases
DNR's bonding authority, the debt service on which is paid from the general fund, to
$8,500,000.
The bill also broadens eligibility for financial assistance under the dam safety
program by authorizing DNR to provide financial assistance to private owners for
the removal of any dam, regardless of size.
The bill increases the cap on financial assistance from $200,000 to $400,000 for
each dam safety project. Current law limits financial assistance for dam safety
projects to 50 percent of the cost of the project except for projects to remove
abandoned dams. This bill provides that any project to remove a dam, whether or
not abandoned, is not subject to the limit.
Current law requires DNR to maintain an inventory of all dams that require
a dam safety project. This bill eliminates this requirement.
Under current law, DNR awards grants to public and private entities for up to
50 percent of the costs of projects to control invasive species and awards contracts
for the creation and support of a statewide lake monitoring network. DNR must
promulgate rules specifying the eligible activities and qualifications for
participation in the statewide lake monitoring network. This bill provides that the
eligible activities must include providing technical assistance to entities that apply
for, or have received, an invasive species grant.
Under current law, with certain exceptions no person may operate a boat in the
waters of this state unless the boat is covered by a certificate of number and a
registration. This bill increases the certificate of number issuance and renewal fees
for most boats other than nonmotorized sailboats.
Other natural resources
Under current law, with one exception, DNR must transfer a decedent's interest
in a boat to his or her surviving spouse upon receipt of the title executed by the
surviving spouse and an affidavit by the spouse that includes specified information.
Under this bill, a domestic partner is provided the same boat transfer privileges as
a surviving spouse.
retirement and group insurance
This bill provides that domestic partners must be treated in the same manner
as spouses with respect to all pension benefits provided to public employees who are
covered under the Wisconsin Retirement System (WRS) and all other benefits
provided to state employees. For purposes of these benefits, a domestic partner is
any individual who is in a relationship with any other individual that satisfies all of
the following:
1. Each individual is at least 18 years old and otherwise competent to enter into
a contract.
2. Neither individual is married to, or in a domestic partnership with, another
individual.
3. The two individuals are not related by blood in any way that would prohibit
marriage under current law.
4. The two individuals consider themselves to be members of each other's
immediate family.
5. The two individuals agree to be responsible for each other's basic living
expenses.
This bill increases the Wisconsin Retirement System (WRS) benefits for
educational support personnel, who are school district employees other than
teachers, librarians, or administrators, in the following ways:
1. Under current law, for coverage under the WRS, an individual must work
at least one-third of what is considered full-time employment, as determined by
rule. For WRS participants, other than teachers, librarians, and administrators,
DETF defines full-time employment as 1,904 hours per year and one-third
employment as 600 hours per year. For teachers, librarians, and administrators,
DETF defines full-time employment as 1,320 hours per year and one-third
employment as 440 hours per year. This bill requires that educational support
personnel and teachers, librarians, and administrators be treated the same, with
full-time employment for educational support personnel set at 1,320 hours per year.
2. Under current law, for early retirement purposes, a WRS participant, other
than a teacher, librarian, or administrator, with at least 0.75 of a year of creditable
service in any annual earnings period is treated as having one year of creditable
service for that annual earnings period. To be eligible for this treatment, the
participant must have earned only a partial year of creditable service in at least five
of the ten annual earnings periods immediately preceding termination. This bill
provides that, for early retirement purposes, a participant's amount of creditable
service in any annual earnings period must be treated as the amount of creditable
service that a teacher, librarian, or administrator would earn for that annual
earnings period. Because DETF defines full-time employment to be 1,320 hours per
year for a teacher, librarian, or administrator, this bill reduces the number of hours
required for early retirement purposes for all other WRS participants, to qualify for
a year of creditable service, from 1,428 hours to 1,320 hours per year.
Current law generally provides that state employee positions may be created
or abolished only by law or in budget deliberations, by JCF, or by the governor with
respect to positions funded with federal revenue. This bill authorizes the secretary
of employee trust funds to create or abolish any position funded from the public
employee trust fund. The secretary must notify the governor and JCF of his or her
proposed action. If, within 14 working days after the notification, the governor
objects or the cochairpersons of JCF notify the secretary that the committee has
scheduled a meeting for the purpose of reviewing the proposed action, the position
changes may be made only upon JCF approval. Otherwise, changes may be made
as proposed by the secretary.
Current law permits GIB to contract with DHS and other public or private
entities for data collection and analysis services related to health maintenance
organizations and insurance companies that provide health insurance to state
employees. This bill permits GIB to contract for any other consulting services related
to plans it offers.
Current law, with important exceptions, prevents GIB from modifying or
expanding group insurance coverage to materially affect the level of premiums paid
by the state or its employees, or the level of benefits to be provided, under any plan.
This bill provides that this restriction does not prevent GIB from encouraging
participation in wellness or disease management programs.
shared revenue
This bill reduces the amount of county and municipal aid payments in 2010 by
1 percent. The reduction in total payments is allocated to counties and
municipalities in proportion to the equalized value of the property located in the
county or municipality. In 2011, and in each subsequent year, the amount of the
county and municipal aid payment that each county and municipality receives is the
same as the amount received in 2010.
Under current law, the public utility aid payment that a municipality receives
may not exceed an amount equal to $300 times the municipality's population.
Beginning in 2009, the maximum payment for a municipality increases annually by
$125 per person. Under this bill, beginning with payments in 2009, the public utility
aid payment that a municipality receives may not exceed an amount equal to $425
times the municipality's population.
Under current law, the public utility aid payment that a county receives may
not exceed an amount equal to $100 times the county's population. Beginning in
2009, the maximum payment for a county increases annually by $25 per person.
Under this bill, beginning with payments in 2009, the public utility aid payment that
a county receives may not exceed an equal to $125 times the county's population.
Under current law, county and municipal aid payments (shared revenue) are
made from the general fund. Under the bill, a portion of the shared revenue
payments are made from the wireless 911 fund.
state government
State building program
This bill makes various changes in state building construction procedures to
grant DOA, the Building Commission, and other state agencies increased authority
to award state building construction contracts notwithstanding current statutory
requirements and without obtaining certain approvals required under current law.
State employment
This bill provides that, if the secretary of administration determines that state
operations may be performed more efficiently and effectively by the reassignment of
employees among executive branch state agencies, the secretary may reassign
employees from one state agency to another state agency. Under the bill, reassigned
employees receive the same salary and fringe benefits they would otherwise receive
and remain employees of the state agency from which they were reassigned for all
purposes, including the payment of their salaries and fringe benefits and continuous
service benefits.
This bill authorizes the secretary of administration to abolish any position in
any executive branch state agency if that position has been vacant for more than 12
months, and to reduce authorized expenditure levels for those executive branch state
agencies by the amounts of salary and fringe benefits for the abolished positions.
This bill creates a Division of Legal Services in DOA, which is authorized to
provide legal services to executive branch state agencies, other than DOJ and DPI.
The bill also creates an unclassified chief legal advisor position in DOA, DATCP,
DCF, DOC, DHS, DNR, DOT, and DWD. The chief legal advisor position is one not
currently in the state civil service system.
This bill authorizes OSER to provide state agencies with any services and
materials and to charge state agencies for the services and materials. Currently,
OSER may charge other state agencies only for employment services and materials.
The bill also requires the secretary of administration, before July 1, 2011, to abolish
all human resources positions in executive branch state agencies, other than the
Board of Regents of the UW System, and authorizes the secretary of administration
to transfer human relations employees from these agencies to OSER.
This bill authorizes the secretary of administration to abolish building
maintenance positions in any executive branch state agency and to transfer
employees holding these positions to DOA.
2005 Wisconsin Act 25, as affected by
2007 Wisconsin Act 5, provides that 13.0
FTE attorney positions in executive branch state agencies are to be eliminated on
June 30, 2009. This bill provides that the secretary of administration must eliminate
up to 13.0 FTE attorney the positions on June 30, 2011.
State finance
This bill requires the secretary of administration to lapse or transfer to the
general fund an amount equal to $160,000,000 during the 2009-11 fiscal biennium.
State agencies in all branches of government, except for the Investment Board and
DETF, are subject to the lapse and transfer provisions. The bill also eliminates
lapses and transfers for the 2009-11 fiscal biennium that were required under
2007
Wisconsin Act 20.
Currently, any time after enactment of the biennial budget act, if the secretary
of administration determines that authorized expenditures will exceed revenues in
the current or forthcoming fiscal year by more than 0.5 percent of estimated general
purpose revenue (GPR) appropriations for that fiscal year, the governor must submit
a bill making recommendations for correcting the imbalance between projected
revenues and authorized expenditures. This bill increases the threshold to 2 percent.
Currently, the secretary of administration may temporarily reallocate moneys
to the general fund from other state funds in an amount not to exceed, at any one
time, five percent of total GPR appropriations for that fiscal year. This bill increases
that percentage to ten percent.
Current statutes contain a rule of proceeding governing legislative action on
certain bills, which provides that no bill affecting GPR may be adopted if the bill
would cause the estimated general fund balance on June 30 of any fiscal year to be
less than a certain amount of the total GPR appropriations for that fiscal year. For
fiscal year 2009-10, the amount is $65,000,000; for fiscal year 2010-11, the amount
is $65,000,000; and for each fiscal year thereafter, the amount is two percent of total
GPR appropriations for that fiscal year.
This bill provides that for fiscal years 2010-11, 2011-12, and 2012-13, the
amount is $130,000,000; and for 2013-14 and each fiscal year thereafter, the amount
is two percent of total GPR appropriations for that fiscal year.
Currently, every fiscal biennium, one-third of state agencies prepare a base
budget review report that contains a description of each programmatic activity of the
state agency; an accounting of all expenditures in the prior three fiscal years and, for
each programmatic activity of the state agency, an accounting of all expenditures,
arranged by revenue source and expenditure category in the last two quarters in
each of the prior three fiscal years. This bill eliminates base budget review reports.
Under current law, the governor must distribute a copy of the biennial state
budget report, as well as the budget-in-brief, to each member of the legislature. This
bill permits the governor to post the biennial state budget report and the
budget-in-brief on the Internet in lieu of distributing copies to members of the
legislature.
The bill also permits the secretary of administration to develop procedures to
permit electronic compliance with auditing of certain claims requirements and the
filing and preservation of documents relating to the claims.
This bill increases the authorized bonding authority of DVA to make mortgage
loans from $2,205,840,000 to $2,400,840,000.
Current statutes contain a rule of procedure governing legislative action on
certain bills affecting GPR. Generally, the rule provides that the amount
appropriated from GPR may not exceed the amount appropriated from GPR in the
prior fiscal year, increased by any percentage increase in this state's aggregate
personal income. This bill provides that any amount appropriated to pay debt service
on appropriation obligations issued to purchase tobacco settlement revenues is
excluded from this GPR appropriation limitation.
Currently, the National and Community Service Board, which assists persons
who operate service programs that address unmet human, educational,
environmental, or public safety needs, may assess certain state agencies for the
amount specified by the board to pay its administrative costs but the board may not
expend more than the amounts appropriated for this purpose. This bill permits the
board to expend all moneys that the board receives from these assessments imposed
on certain state agencies without limitation.
Public utility regulation
This bill allows an investor-owned electric or natural gas public utility (energy
utility) to apply to the PSC for authorization to administer, fund, or provide
administrative services for a program that invests in energy efficiency
improvements for customers in which the costs borne by a customer for the
improvements are offset by the energy savings resulting from the improvement. If
the PSC authorizes such a program, the energy utility must file a tariff specifying
the terms and conditions for billing customers, as well as contracts between the
energy utility and a property owner who is benefited by the improvement that
require the owner to do the following: 1) inform lessees that are liable for utility
service that the cost of the improvement will appear on the lessees' utility bills; and
2) inform a purchaser of the property that the purchaser, or any other person who
is liable for utility service at the property, is liable for the unpaid costs of the
improvement and that such costs will appear on utility bills for the property.
The bill also does the following: 1) allows an energy utility to include a separate
line item on customer bills that offsets certain costs of the program with energy
savings resulting from an improvement made under the program; 2) prohibits an
energy utility from recovering from ratepayers any bad debt related to nonutility
services provided under a program; and 3) requires an owner of residential property
to make a disclosure about an improvement made under a program on the real estate
conditions report that is required for property transfers.
Under current law, DOA awards grants from the utility public benefits fund
(UPBF) to assist low-income households to weatherize and perform other energy
conservation services, pay energy bills, and identify or prevent energy crises. DOA
determines the amount of a monthly low-income assistance fee that electric utilities
must charge customers. The fees are used to fund the grants. Some of the fees are
also used to help fund the Wisconsin Works program, which provides work
experience and benefits for low-income custodial parents. Under current law, the
monthly fee may not exceed the lesser of $750 or 3 percent of the customer's total
charges for the month. This bill provides that the monthly fee may not exceed the
lesser of $750 or the sum of the foregoing 3 percent and a percentage of the customer's
total charges for the month that is sufficient to generate the amounts used to help
fund the Wisconsin Works program.
Current law also requires DOA to promulgate rules establishing the amount of
the fee. For any fiscal year, DOA must establish the fee by subtracting a specified
sum from the amount needed for assisting low-income customers. One component
of the specified sum is the amount of funding received by the state under federal
programs that provide weatherization and energy assistance to low-income
customers. Under this bill, for fiscal years 2009-10 and 2010-11, the amount of
funding received under the federal programs that is attributable to federal economic
stimulus funds must be deducted from the sum.
Current law requires that, in each fiscal year, DOA must ensure that the
amount awarded in grants for weatherization and other energy conservation
services is equal to 47 percent of the sum of the following: 1) the amounts received
under the weatherization and energy-assistance programs; 2) the amount spent by
certain electric and natural gas utilities assisting low-income households; 3) the
amount spent on all programs funded by the UPBF; and 4) the amount of monthly
low-income assistance fees that certain municipal electric utilities and electric retail
cooperatives are required to collect from their customers and members.
Instead of requiring DOA to ensure that 47 percent of the foregoing sum is spent
in fiscal years 2009-10 to 2011-12 on grants for weatherization and other energy
conservation services, this bill requires DOA to ensure that at least $75,000,000 is
spent in each fiscal year on such grants. In addition, in fiscal years 2010-11 and
2011-12, DOA must increase the amount spent on such grants to reflect the
cost-of-living increase that occurred during the previous fiscal year. Beginning in
fiscal year 2012-13, DOA must ensure that 47 percent of the foregoing sum is spent
on such grants, as is required under current law.
Under current law, DOA also administers federal programs for providing
weatherization and energy assistance. Current law requires DOA to transfer in each
fiscal year 15 percent of the federal funding for the energy assistance program to the
weatherization program. This bill allows, but does not require, DOA to make the
transfer. In addition, the bill requires DOA to deduct its administrative expenses for
the program before making a transfer.
Under current law, DOA administers the federal and state programs described
above. This bill transfers administrative responsibility from DOA to the PSC
effective January 1, 2010.
Under current law, the PSC awards grants from the wireless 911 fund to
wireless companies and local governments to reimburse certain costs incurred in
complying with federal requirements regarding wireless 911 emergency telephone
service. Current law requires that costs must be incurred during a specified
reimbursement period in order to be eligible for reimbursement. At the conclusion
of the reimbursement period, the PSC must distribute to wireless companies any
funds remaining in the wireless 911 fund. A wireless company must credit customer
accounts in amounts that correspond to the distribution made to the wireless
company. This bill prohibits the PSC from making any distribution from the 911
wireless fund that is not a grant for reimbursement of the costs described above.
Under current law, DATCP enforces certain requirements that apply to
advertising, sales representations, and sales and collection practices of
telecommunications providers, including telecommunications utilities subject to
varying degrees of regulation by the PSC. DATCP's enforcement costs are funded,
in general, by general purpose revenues. Under this bill, DATCP's enforcement costs
are funded by annual assessments paid by certain telecommunications utilities. The
bill requires the PSC to assess telecommunications utilities in proportion to their
gross operating revenues.
Other state government
This bill provides requirements for forming a legal relationship of domestic
partnership. Under the bill, a domestic partnership may be formed by two
individuals who are at least 18 years old, are not married or in another domestic
partnership, share a common residence, are not nearer of kin than second cousins,
and are members of the same sex.
To form a domestic partnership, the individuals apply for a declaration of
domestic partnership to the county clerk of the county in which at least one of them
has resided for at least 30 days. Each applicant must submit identification and a
certified copy of his or her birth certificate, as well as any other document affecting
the domestic partnership status, such as a death certificate or a certificate of
termination of domestic partnership. The clerk must then issue a declaration of
domestic partnership, which the parties must complete and submit to the register
of deeds of the county in which they reside. The register of deeds must record the
declaration and send the original to the state registrar of vital statistics.
To terminate a domestic partnership, at least one of the domestic partners must
file with the county clerk a notice of termination of domestic partnership. If only one
of the domestic partners signs the notice, he or she must also file an affidavit stating
either of the following: 1) that he or she has served the other domestic partner with
notice that he or she is going to file a notice of termination of domestic partnership;
or 2) that he or she has been unable to locate the other domestic partner and has
published a notice in a newspaper of general circulation in the county in which the
latest common residence of the domestic partners is located. Upon receipt of a notice
of termination, the clerk issues a certificate of termination of domestic partnership,
which must be recorded in the office of the register of deeds, who sends the original
to the state registrar of vital statistics. Termination of the domestic partnership is
effective 90 days after the certificate of termination of domestic partnership is
recorded in the office of the register of deeds. However, if one or both domestic
partners enters into a marriage that is valid in the state, the domestic partnership
is automatically terminated on the date of the marriage.
The bill provides that domestic partners are joint tenants if they are named as
owners in a document of title or as transferees or buyers in an instrument of transfer,
just as husbands and wives are joint tenants under current law.
Under current law, if the head of a department or independent agency in state
government finds any arbitrary discrimination based on marital status, the head is
required to take remedial action. This bill requires a department or independent
agency head to take remedial action if he or she finds any arbitrary discrimination
based on domestic partnership status.
This bill requires DCF, DHS, DWD, and DOA to develop a plan, by July 1, 2010,
for streamlining their processes, coordinating their computer systems, and
developing compatible billing methodologies for the purpose of coordinating the
administration of the public benefit programs administered by the departments and
implementing a system in which a single smart card may be used for all of those
programs. If statutory changes are necessary, the departments must prepare
proposed legislation by July 1, 2010.
This bill requires the UW Hospital and Clinics Authority to pay, no later than
June 30, 2009, $49,000,000 to the state for deposit into the general fund.
This bill directs the secretary of regulation and licensing to form a dedicated
work unit in DRL to support the work of the Medical Examining Board (MEB) and
the affiliated credentialing boards attached to the MEB by performing all aspects of
credential processing, examination, and complaint investigation, for any credential
issued or renewed by the MEB or any affiliated credentialing board.
Under current law, if a state agency enters into or renews a contract for services
that involves an estimated expenditure of more than $25,000, the agency must
conduct either a uniform cost-benefit analysis, for a new contract, or a continued
appropriateness review, for a contract renewal. This bill eliminates the requirement
that an agency conduct either a uniform cost-benefit analysis or a continued
appropriateness review.
Currently, DOA may sell certain state property if the Building Commission
authorizes the property to be sold during the period beginning on October 27, 2007,
and ending on June 30, 2009. Sales may be either on the basis of public bids or
negotiated prices, and need not reflect fair market value. Sales may be with or
without the approval of the state agency that has jurisdiction over the property.
This bill permits DOA to sell certain state property under the same terms and
conditions as those specified under current law if an offer of sale is approved by the
commission during the period beginning on the day this bill becomes law and ending
on June 30, 2011. With certain exceptions, proceeds of the sales are deposited in the
general fund. The bill does not apply to property under the jurisdiction of the Board
of Regents of the UW System, but the bill requires any sales of such property by the
Board of Regents to be used for the operation of the UW System.
Currently, under the federal coastal zone management program, the U.S.
Department of Commerce awards administrative grants as well as resource
management and coastal zone enhancement grants to eligible states to implement
a state's coastal zone management program. This bill transfers the administration
of this state's program from DOA to DNR. The bill does not transfer any positions
or employees.
Under current law, DATCP issues annual licenses to operators of vehicle scales.
DATCP is authorized to adjust the $60 license fee by rule, and may impose a $200
license fee surcharge on an applicant who has operated a scale without a license.
Currently, no person may construct or relocate a scale without a permit from DATCP,
but DATCP is not authorized to charge a permit fee. DATCP may grant a variance
from its scale construction standards, but DATCP is not authorized to charge a
variance fee.
