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Moves three stewardship grant programs (local park aids, urban green space, and urban rivers) from ch. NR 50 to ch. NR 51. Improves grant administration by combining all stewardship grant programs into one chapter.
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Revises and expands program definitions, including definitions for nature-based outdoor recreation and middle kettle moraine, to clarify terms, reflect statutory changes and improve grant administration.
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Implements a statutory change that expands grant eligibility to include non 501 (c) (3) organizations.
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Reorganizes the structure of chapter 51 to incorporate new programs and local government programs.
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Implements statutory changes that identify priorities and expand the purposes for which nonprofit conservation organizations can receive grants. Makes minor revisions to improve grant administration.
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Makes minor revisions to bring the natural areas program in line with statutory changes.
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Establishes the administrative framework for the new bluff protection program. Defines “bluff" and sets program priorities.
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Makes minor revisions in the habitat areas and fisheries program to bring the program in line with statutory changes and improve grant administration.
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Establishes the administrative framework for acquisition of property by the department and nonprofit conservation organizations to preserve wild lakes. Defines “wild lake."
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Makes minor revisions to the stream bank program to bring the program in line with statutory changes.
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Makes minor revisions to the state trails program to improve grant administration.
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Implements a statutory change that makes nonprofit conservation organizations eligible for grants for state property development. Revises grant priorities and makes minor revisions to improve administration of the state property development grant program.
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Establishes the administrative framework and sets priorities for the new Baraboo Hills subprogram.
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Clarifies and streamlines the administration of local assistance grants to governmental units.
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Clarifies and streamlines the administration of the local park aids, urban green space, and urban rivers grant programs which provide grant funds for governmental units and nonprofit conservation organizations. Implements statutory changes that require that all grants issued under these programs be for nature-based outdoor recreation. Lists eligible nature-based projects and sets grant priorities. Also implements a statutory change that allows “shoreline enhancements" to be funded under the urban rivers program and provides a list of typical shorelines enhancements that will qualify for the program.
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Establishes the administrative framework for the new acquisition of development rights program that provides grant funds to local governments and nonprofit conservation organizations. Sets priorities and identifies other factors that will be considered in awarding grants.
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Makes minor revisions to improve administration of the Heritage state park and forest trust program.
Publication Date:
September 1, 2000
Effective Date:
September 1, 2000
Expiration Date:
See section 9136 (10g), 1999 Wis. Act 9
Hearing Dates:
November 1 & 2, 2000
2. Rules adopted revising ch. NR 47, relating to the federal cost sharing program to suppress gypsy moths.
Finding of emergency
An emergency rule is necessary in order to make the cost shared gypsy moth suppression program available for aerial treatments in May 2001. Given the survival of caterpillars this summer, the department expects that populations of gypsy moth will be high enough in some localities in 2001 to necessitate suppression to protect tree health. In order to offer participation in the aerial treatment project and cost sharing from the U.S. Forest Service, it is necessary that preparatory work be done this fall and winter to define treatment blocks. When gypsy moth outbreaks occur, the public typically becomes concerned and looks for ways to reduce the population of gypsy moth to tolerable levels. Treatments to kill large numbers of the pest can be expensive, at times damaging to our native insects and other animals, or even dangerous to the landowner and others when pesticides are not used according to directions. The Department organized suppression program will provide the public with a safe, effective and affordable means to prevent damage to their trees.
Publication Date:
November 10, 2000
Effective Date:
November 10, 2000
Expiration Date:
April 9, 2001
Hearing Date:
January 17, 2001
Extension Through:
June 7, 2001
3. Rules adopted revising ch. NR 6 relating to defining unreasonable and improper speed to include operating a snowmobile at speeds greater than 50 MPH during the hours of darkness.
Finding of emergency
During the 1999-2000 snowmobile season conservation wardens investigated 38 fatal snowmobile accidents. Of these accidents, 10 deaths could be directly attributed to operation at excessive speed during the hours of darkness. Fourteen other deaths could have been avoided if the operators had observed more prudent speeds, allowing them to avoid nighttime hazards. Potentially 24 of the 38 fatalities could have been avoided if the snowmobiler had been operating at slower speeds during the hours of darkness. Unless an immediate change is made in the snowmobile laws similar number of avoidable fatalities will occur during the 2000-2001 snowmobile season. Even greater numbers could occur if the early snows seen in November of 2000 remain, thereby extending the snowmobile season beyond that experienced in 1999-2000.
Publication Date:
December 15, 2000
Effective Date:
December 15, 2000
Expiration Date:
May 14, 2001
Hearing Date:
January 17, 2001
Natural Resources
(Environmental Protection - Investigation and Remediation, Chs. NR 700—)
Rules adopted creating ch. NR 754 relating to environmental insurance requirements for liability exemptions for voluntary remediation.
Exemption from finding of emergency
This rule is being promulgated as an emergency rule because 1999 Wis. Act 9 (Section 9136 (3)) required the adoption of this rule as an emergency rule (following the procedures in s. 227.24, Stats.). 1999 Wis. Act 9 stated that the department is not required to provide evidence that this rule is necessary for the preservation of the public peace, health, safety or welfare and without having to provide a finding of emergency.
Analysis prepared by the Dept. of Natural Resources
Statutory authority: ss. 227.11(2) and 227.24, Stats.
Statute interpreted: s. 292.15, Stats.
Section 292.15 (2) (ae) 3m., Stats., directs the department to promulgate rules to describe the requirements that must be met by a voluntary part seeking a Certificate of Completion, where natural attenuation is employed as the remedial action. The 1999-2001 State Budget (1999 Wisconsin Act 9) created s. 292.15 (2) (ae), Stats., which allows parties to use natural attenuation as a remedy to obtain the voluntary party liability exemption. This section includes a provision where the DNR may require a voluntary party to obtain environmental insurance if the voluntary party wants to receive a Certificate of Completion before the groundwater enforcement standards are met through natural attenuation. This rule requires that all voluntary parties who apply for the liability exemption under this section obtain environmental insurance to cover the cost to cleanup the environment if natural attenuation fails.
Publication Date:
March 6, 2001
Effective Date:
March 6, 2001
Expiration Date:
August 3, 2001
Hearing Date:
April 16, 2001
Public Service Commission (3)
1. Rules adopted creating s. PSC 2.06, relating to procedures for the confidential treatment of records.
Exemption from finding of emergency
At the direction of the Joint Committee for Review of Administrative Rules under s. 227.26 (2) (b), Stats., the Commission adopts a rule to create s. PSC 2.06, Wis. Adm. Code, relating to procedures for the confidential treatment of records.
Analysis by the Public Service Commission
Statutory authority: ss. 196.02 (1) and (3), 227.11, 227.24 and 227.26, Stats.
Statutes interpreted: ss. 196.14, 196.72 and 196.795 (9), Stats.
On August 15, 2000, the Commission voted to promulgate administrative rules on requests for confidential handling of documents filed with the Commission. On September 20, 2000, the Joint Committee for Review of Administrative Rules directed the Commission to adopt a rule on the subject under s. 227.26 (2) (b), Stats. This rule creates a process for obtaining a designation of confidential status. Under the rule, a determination on whether information shall be treated confidentially shall be made at the time the information is given to the Commission. Under previous Commission procedures, if a person filing a document sought confidential treatment of information in the document, the filer could do so by identifying the grounds under which confidentiality could be granted. The Commission would accept the filing, but the acceptance did not constitute a determination that public access to the information would not be permitted. The Commission would determine if confidential status should be granted when a request for that information was made by another person.
Under this rule, a person who wishes the Commission to keep confidential information in the possession of the Commission, or requested by the Commission, must make an application for confidential status. The application must identify the information for which confidential treatment is sought and identify the authority under which confidential status should be granted. Within 21 days after receiving an application, the Commission may seek additional information from the applicant, if needed, to make a confidentiality determination. The applicant must respond within 30 days to the information request.
The Commission will make a determination on a confidentiality request within 30 days of receiving the additional information or within 30 days of the filing of the application if no additional information is needed. The determination will specify what, if any, information is given confidential treatment and the basis for that determination.
The Commission will give the applicant written notice of its determination. The Commission shall post all determinations regarding confidentiality on its website and may give other appropriate notice. If an applicant is authorized to file information confidentially in the context of a Commission proceeding, the applicant shall serve a copy of the determination on all persons listed on the service list for that proceeding.
Publication Date:
October 23, 2000
Effective Date:
October 23, 2000
Expiration Date:
March 22, 2001
Extension Through:
May 20, 2001
2. Rules adopted amending s. PSC 116.06 (1) and (2), relating to the triggering mechanism and the period of time in which fuel costs are estimated for purposes of seeking an emergency or extraordinary rate increase under s. PSC 116.06.
Finding of emergency
In order to preserve the health, safety, and welfare of Wisconsin residential, commercial and industrial ratepayers it is necessary to amend s. PSC 116.06 (1) and (2), which would allow the Commission to grant a rate increase to an applicable Class A electric public utility based on estimated fuel cost for the year in which it is reasonably anticipated that the rate increase would go into effect. In granting the rate change the Commission must find, after a hearing confined solely to fuel costs, that the utility is eligible to seek an emergency or extraordinary rate increase under the current rule, an emergency or extraordinary increase in the cost of fuel exists, and the fuel cost increase will affect the utility's average yearly fuel costs for the year in which it is reasonably anticipated that the rate increase would go into effect so as to fall outside the established annual range for that year. This change would assist in implementing the rule at a time of volatile fuel costs.
Publication Date:
December 28, 2000
Effective Date:
December 28, 2000
Expiration Date:
May 27, 2001
Hearing Date:
January 23, 2001
3. Rules adopted creating ch. PSC 118, relating to the use of renewable resource credits.
Exemption from finding of emergency
1999 Wis. Act 9, section 9141 (2zt) (a) allows the Commission to promulgate an emergency rule creating an RRC trading program without making a finding of emergency.
Analysis prepared by the Public Service Commission
Statutory authority: ss. 196.02 (3), 196.378 (3), and 227.11, Stats.
Statute interpreted: s. 196.378, Stats.
1999 Wis. Act 9 created a renewable portfolio standard, requiring electric providers to meet certain minimum percentages of their retail sales with renewable resources. The minimum percentage gradually increases as follows:
Year 2001: 0.5 percent of total retail electric sales.
Year 2003: 0.85 percent of total retail electric sales.
Year 2005: 1.2 percent of total retail electric sales.
Year 2007: 1.55 percent of total retail electric sales.
Year 2009: 1.9 percent of total retail electric sales.
Year 2011: 2.2 percent of total retail electric sales.
In lieu of providing renewable energy to its customers, an electric provider can purchase a renewable resource credit. Under s. 196.378 (3) (a), Stats., the Commission must “promulgate rules that establish requirements for the use of a renewable resource credit, including the amount of a renewable resource credit." This rule addresses the requirements and procedures for the use of renewable resource credits, during the interim period before the date when an identical permanent rule takes effect.
This rule establishes a renewable resource credits trading program and describes the minimum criteria for renewable facilities to be eligible for creation of credits in the trading program. The rule also describes the duties of a program administrator, who supervises and implements the trading program. The program administrator is required to create a trading account for participating electric providers and to award renewable resource credits to the account of an electric provider of energy, from a certified renewable facility, that exceeds its minimum requirement. The program administrator must retire renewable resource credits upon their use to satisfy an electric provider's minimum renewable energy requirement.
Publication Date:
April 7, 2001
Effective Date:
April 7, 2001
Expiration Date:
September 4, 2001
