Register

Under this rule, DATCP may award grants to county drainage boards to help them comply with ch. 88, Stats., and ch. ATCP 48, Wis. Adm. Code. A grant may pay a county drainage board for up to 60 percent of the drainage board's costs to do any of the following:

•   Develop and adopt drainage district specifications
(map sets).

•   Reassess benefits in a drainage district.

•   Develop and adopt drainage district maintenance plans. (Grants do not pay for actual maintenance costs.)

•   Carry out other eligible projects identified in DATCP's annual request for grant proposals.

Annual Request for Grant Proposals

Under this rule, DATCP must annually request grant proposals from county drainage boards. DATCP must issue its annual request, in writing, to each county drainage board. The request must include all the following:

•   The amount of grant funds available for distribution in the grant year. Each grant year ends on June 30.

•   The types of projects for which county drainage boards may request funding.

•   DATCP's grant priorities, if any.

•   General grant terms and conditions that may affect grant applications.

•   Grant application procedures.

•   A grant application deadline.

•   A grant application form.

Grant Applications

To apply for a grant, a county drainage board must submit a completed grant application form that includes all the following:

•   A description of the project for which the county drainage board seeks a grant.

•   The estimated cost of the project.

•   The county drainage board's plan for financing the project.

•   Competitive bidding or other procedures that the county drainage board will use to control project costs.

•   Other information required by DATCP.

Grant Awards

Under this rule, DATCP must act on all grant applications within 90 days after the annual grant application deadline. DATCP must notify all grant applicants of its grant awards.

Grant Contracts

Under this rule, DATCP must enter into a grant contract with each grant recipient. The contract must specify grant terms and conditions. DATCP must distribute grant funds according to the grant contract.

Grant Payments

DATCP will make grant payments after the county drainage board documents that it has completed the funded project and paid its share of the project costs. DATCP will not pay any project costs incurred after the end of the grant term specified in the grant contract.

A county drainage board must submit a payment request on a form provided by DATCP. The county drainage board must document that it has completed the project and paid its share of the project costs.

DATCP will make grant payments to the county treasurer, for the benefit of the county drainage board. If the county drainage board hires an agent to complete a project on its behalf, DATCP may make a check jointly payable to the county treasurer and that agent.

County Drainage Board Accounts

Under this rule, whenever a person receives funds on behalf of a county drainage board or any drainage district, that person must promptly deposit those funds with the county treasurer. The county treasurer may not pay out any funds without proper authorization from the county drainage board.

Pursuant to s. 88.18(1), Stats., the county treasurer may retain a portion of the interest received on drainage district funds, to cover costs that the county treasurer and county zoning administrator incur to provide services to the county drainage board. The amount retained may not exceed the amount authorized by s. 88.18(1), Stats.

Under this rule, the county treasurer must keep a separate account for each drainage district. The county treasurer must keep complete accounting records in the county treasurer's office. The accounting records must include records of all receipts, deposits, payments, county deductions and account balances. The county drainage board must also file, with the county treasurer, a copy of every DATCP grant contract with the county drainage board.

The county treasurer must retain the accounting records as county records. Except as provided in ch. 88, Stats., or ch. ATCP 48, the county treasurer must treat the records as the treasurer would treat comparable county accounting records for retention and disposal purposes.

Under this rule, if a county drainage board appoints its own treasurer, that treasurer serves as a deputy of the county treasurer. The county drainage board treasurer must promptly deposit, with the county treasurer, all funds received on behalf of the county drainage board or any drainage district. The drainage board treasurer may not pay out any funds before depositing them with the county treasurer.

The drainage board treasurer may not pay out any funds without proper authorization from the county drainage board and the county treasurer. The county treasurer may not refuse to authorize a payment approved by the county drainage board, unless there are insufficient funds in the drainage district account to make that payment. The county treasurer must keep complete records of all drainage district accounts (the drainage board treasurer may keep duplicate records).

Fiscal Estimate

Impact of Rule Revision to State Government

Chapter ATCP 48 is administered by the Department of Agriculture, Trade and Consumer Protection (DATCP). The proposed rule revisions codify a cost-share grant program intended to distribute as much as $500,000 per year for a maximum of six years to county drainage boards. Administration of these grants will be handled by existing DATCP staff. The DATCP will experience some increase in costs associated with WiSMART charges and other miscellaneous administrative expenses, such as postage; however, these administrative costs will be minimal and will be absorbed by the DATCP. Funds provided by the Legislature for this program are in a new general purpose revenue appropriation.

Impact of Rule Revision to County Drainage Boards

Funds provided by the DATCP will go directly to county drainage boards to pay 60% cost-sharing for eligible expenses associated with the development of district specifications, benefits reassessment, and compliance (maintenance) plans. The availability of these funds will encourage drainage boards to proceed with this work as the grant funds greatly reduce the financial burden on drainage district landowners. District landowners will be assessed by the drainage board for the remaining 40% of eligible project expenses.

Initial Regulatory Flexibility Analysis

Scope of the Rule

The proposed revision of Chapter ATCP 48, Wis. Adm. Code, will have a positive impact on small businesses. The revision codifies a newly instituted cost-share grant program designed to assist drainage boards with producing specific work products, which will in turn improve their management of drainage districts. It establishes the process and timelines for drainage boards to apply and receive grant funds. These funds are specifically intended to reduce the financial burden on drainage district landowners, as it is the landowners who finance compliance with existing rule requirements. Items that may be cost-shared include the development of:

1. District Specifications (including detailed maps)

2. Benefits Reassessments

3. Compliance (maintenance) Plans

The rule revision also establishes County Treasurers as the official treasurers for all drainage board financial matters. A drainage board may appoint a deputy treasurer to assist the County Treasurer with management of drainage board fiscal matters, but it is the county treasurer who is responsible for retention of all grants-related documents.

Businesses Affected

The small businesses affected by the rule revision include engineering consulting firms and others who will be hired by county drainage boards to produce the specific work products. Additionally, farms and agricultural food processors whose lands lie within the boundaries of drainage districts will benefit from the cost-sharing to be provided; as members of the drainage district, their financial burden will be reduced by 60 percent. It is estimated that there are 199 drainage districts located in 30 Wisconsin counties. Currently, 24 counties have drainage boards in place. Only drainage boards may request grant funds from the department.

Fiscal Impact

Small businesses in drainage districts will experience a positive fiscal impact from this rule revision as drainage boards are provided financial assistance to comply with existing rule provisions. This rule revision provides up to $500,000 per year for six years in cost-share assistance. Prior to this revision, small businesses located within drainage districts would have borne the entire cost of complying with ch. ATCP 48 requirements.

Prior to this revision, a very small percentage of drainage boards took the initiative to produce drainage district specifications and compliance (maintenance) plans required by ch. ATCP 48. Most drainage boards considered the cost of complying with the rule to be too great a burden on district landowners. It is anticipated that this cost-share assistance will greatly reduce that burden and, thereby, encourage greater compliance with the rule. It is estimated that this funding will allow about ten drainage boards to produce work products for a total of 40 districts each year. At this pace, it is anticipated that all districts may be assisted over the six-year life of the grants.

Record Keeping

The proposed rule revision will not impose any new record keeping requirements on small businesses. A few new record keeping requirements are required of county treasurers and drainage boards members.

Professional Skills Required to Comply

Small businesses will not need to acquire any new skills -- or retain additional professional services -- to comply with the rule revisions.

Notice of Hearing

Commerce

(Flammable & Combustible Liquids, Ch. Comm 10)

NOTICE IS HEREBY GIVEN that pursuant to ss. 101.02 (1) and 101.09 (3), Stats., the Department of Commerce will hold a public hearing on proposed rules relating to an emergency rule delaying the effective date of required upgrades to aboveground bulk tanks that were in existence on May 1, 1991.

The public hearing will be held as follows:

Date and Time:	Location:
February 27, 2001 Tuesday Commencing at 10:00 AM	Thompson Commerce Center 3rd Floor, Room 3C 201 West Washington Avenue Madison, WI

Interested persons are invited to appear at the hearing and present comments on the proposed rules. 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 March 9, 2001, to permit submittal of written comments from persons who are unable to attend a hearing or who wish to supplement testimony offered at the hearing. Written comments should be submitted to Duane Hubeler, Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689.

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 Prepared by the Department of Commerce

Wisconsin Administrative Code Chapter Comm 10, Flammable and Combustible Liquids Code, became effective on 5/1/91. Section Comm 10.345 (2) contains requirements for bulk tanks in existence on that date to be provided with specific containment or leak detection upgrades within 10 years of that date. Some concerns have been expressed on the impact that compliance date could have on heating oil supplies and prices this winter. Construction requirements could result in a substantial number of tanks storing heating oil to be closed during the winter heating season in preparation for the required upgrades.

Based on these concerns, the department has agreed to extend the compliance deadline for 3 months until 8/1/01 if approvable tank system upgrade plans have been submitted to the department by 2/1/01.

Copies of Proposed Rule

Paper copies of the proposed rules may be obtained without cost from Heather Taplick, Department of Commerce, ERS Division, P.O. Box 7838, Madison, WI 53701-7838, Email [e-mail], telephone [phone] or [phone] (TTY). Copies will also be available at the public hearing.

Fiscal Estimate

The emergency rule simply extends by 3 months a deadline to upgrade aboveground bulk tanks. There are no additional enforcement requirements or anything that would affect revenues.

Regulatory Flexibility Analysis

Any small business that owns or operates aboveground bulk tanks could be affected. This emergency rule provides an additional 3 months to comply with tank upgrade requirements that have been in the code since its inception on 5/1/91.

There are no new procedures that are required to comply with these rules. This emergency rule simply provides for a delay in the effective date of previously approved code requirements.

There are no professional skills needed to comply with these rules.

Notice of Hearings Canceled

Health and Family Services

(Health, Chs. HFS 110-199)

[CR 00-172]

NOTICE IS HEREBY GIVEN That the two DHFS hearings relating to ch. HFS 163 scheduled to occur on February 22, 2001 in Waukesha and on February 23, 2001 in Wausau are canceled. There are no current plans to reschedule them.

Notice of Hearings

Public Instruction

[CR 00-185]

NOTICE IS HEREBY GIVEN That pursuant to ss. 118.33 (2) (c) and (4) (a), 121.02 (5) and 227.11 (2) (a), Stats., and interpreting ss. 118.33 (1) (a) and (b) and (2) (a) and 121.02 (1) (L), Stats., the department of public instruction will hold public hearings as follows to consider the amending of ch. PI 18, relating to social studies high school graduation requirements. The hearings will be held as follows:

Date and Time:	Location:
March 5, 2001 3:00 - 7:00 p.m.	Rice Lake Wisconsin Indianhead Technical College 1900 College Drive Room 245
March 8, 2001 3:00 - 7:00 p.m.	Green Bay Northeast Wisconsin Technical College 2740 W. Mason Street Room 2327
March 13, 2001 3:00 - 7:00 p.m.	Janesville Blackhawk Technical College 6004 Prairie Road North Commons 1400 B Lower Level

The hearing sites are fully accessible to people with disabilities. If you require reasonable accommodation to access any meeting, please call Les Wakefield, Consultant, Democracy Education, 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 is available on the internet at http://www.dpi.state.wi.us/dpi/dfm/pb/demcracy.html. A copy of the proposed rule and the fiscal estimate 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 address no later than March 19, 2001, will be given the same consideration as testimony presented at the hearing. Comments submitted via email will not be accepted as formal testimony.