Rule-making notices
Notice of Hearing
NOTICE IS HEREBY GIVEN that pursuant to ss.
101.02 (1) and
(15),
101.12,
101.13,
101.132, and
101.17, Stats., the Department of Commerce will hold public hearings on proposed rules relating to elevators, escalators, and lift devices.
The public hearing will be held as follows:
Wednesday, July 9, 2003 at 10:00 a.m.
Conference Room #125
Department of Revenue Building
2135 Rimrock Road
Madison, WI
Analysis of Proposed Rules
Overview
Under the statutes cited, the Department protects public health, safety, and welfare by promulgating fire prevention and construction requirements for public buildings and places of employment, including commercial buildings and structures and multifamily dwellings. The Department is also responsible for creating design and construction requirements for mechanical devices, such as elevators, escalators and platform lifts, to ensure the safety of employees and frequenters in public buildings and places of employment who use these devices.
Currently, the Department adopts by reference the 1996 edition of the ASME A17.1- Safety Code for Elevators and Escalators, which included requirements for platform lifts and stairway chairlifts. In 1999, the ASME A18.1-Safety Standard for Platform Lifts and Stairway Chairlifts was developed as a separate document from the ASME A17.1 standard. The ASME A17.1-2000 edition and the ASME A18.1a-2001 edition are proposed to be adopted by reference in chapter Comm 18. Both of the national standards have been substantially revised and renumbered, which will necessitate chapter Comm 18 being completely rewritten and renumbered for consistency with the adopted standards.
Major Changes
The following are the major items contained in the revised chapter Comm 18, which incorporates by reference the ASME A17.1 and ASME A18.1a national standards:
1. Renumber chapter Comm 18 to correspond with the adopted standards numbering system. For example Comm 18.1708 relates to ASME A17.1 chapter 8, and Comm 18.1802 relates to ASME A18.1a chapter 2.
2. Add an application requirement that specifies which parts of the code apply to both new and existing installations. This requirement is consistent with ASME A17.1 section 1.1.3 and is being included as a Wisconsin based requirement in the administration and enforcement section of the code for clarity and consistency. [Comm 18.1003 (1) (b) 3.]
3. Include the same definition of “alteration" as used in the ASME A17.1 in Comm 18 for consistency. [Comm 18.1004 (1)]
4. Require owners to provide maintenance logs to inspectors upon request. [Comm 18.1008 (3)]
5. Add a statement to the requirements for incorporation by reference of ASME A17.1 and ASME A18.1a that indicates any internal cross-references within the adopted codes to another requirement that has been modified by chapter Comm 18, the modification will apply unless specifically stated otherwise. This will eliminate the need to repeat a modification that applies to more than one type of elevator, or platform lift. [Comm 18. Comm 18.1005 (1) and (2)]
6. Require that information layout plans also provide information as specified in the ASME A17.1 and ASME A18.1a standard. [Comm 18.1013]
7. Reformat the plan review requirements for alterations to elevators and other mechanical lifting devices to a tabular format. The tables are organized to indicate when plans and applications are required or when only applications are required. Changes include requirements for platform lift alterations. [Comm 18.1013 (2) and Tables Comm 18.1013-1 to 18.1013-7]
8. Clarify that an application submittal is required when the repair of speed governors or valves includes breaking the seal. [Comm 18.1013 (2) (b) and Table Comm 18.1013-4]
9. Require the refuge space on top of hydraulic elevators to be identified the same as specified for electric elevators. [Comm 18.1703 (1)]
10. Modify the requirements in ASME A17.1 section 8.6.5.8 that requires elevators with hydraulic cylinders installed below ground to be replaced or provided with safeties conforming to ASME A17.1 section 3.17.1. Currently, there are no known safeties that would comply with the requirements so the replacement of existing single bottom hydraulic cylinders would be required. The Department has modified the requirements in ASME A17.1 section 8.6.5.8 to apply to hydraulic elevators installed prior to January 1, 1975 and that have below ground cylinders, and to require these elevators to have an annual pressure test as specified in ASME A17.1 sections 8.11.3.2.1 and 8.11.3.2.2. If the pressure test, or the record of oil usage specified in ASME A17.1 section 8.6.5.7 indicates there is an unexplained loss of oil, the hydraulic cylinder will need to be replaced. [Comm 18.1708 (1) and ASME A17.1 sections 8.11.3.2.1 and 8.11.3.2.2]
11. Include the ASME A18.1a section 1.1.1 requirement that prohibits a full passenger enclosure for platform lifts. [Comm 18.1802 (1) (e) and (2) (b) 1.]
12. Prohibit vertical platform lifts where runway enclosures are not provided. Vertical platform lifts without runway enclosures would not comply with the protruding object requirements in IBC chapter 10 for elements located on an accessible route. [Comm 18.1802 (3)]
13. Require differences in elevation between the platform lift and the floor to be overcome with ramps complying with the building code. [Comm 18.1802 (4)]
14. Increase the maximum travel distance of a platform lift from 12 feet to 14 feet. [Comm 18.1802 (7) (d)]
15. Include accessibility control requirements for platform lifts, which were previously found in chapter Comm 18. [Comm 18.1802 (8) (a)]
16. Require that a means be provided to permit authorized personnel from a position outside of the vertical platform runway enclosure to raise or lower the platform manually in the event of a power failure, unless standby power is provided. [Comm 18.1802 (8) (d)]
17. Permit inclined platform lifts that have restraining arms and that also fold up against a wall to be used as part of an accessible route in existing construction. These types of lifts would only be permitted under certain conditions in new construction as specified in s.
Comm 62.1109 (7), and must not infringe into the minimum means of egress width required for the building occupants as specified in IBC chapter 10. These units will permit a minimum load capacity of 450 pounds, as opposed to the 750 pound minimum currently in the code. In the past, people with disabilities who use larger motorized chairs felt an increase in capacity was necessary. However, national codes and the Americans with Disabilities Act Accessibility Guidelines (ADAAG) permit these units with the minimum capacity of 450 pounds. The unit is restricted to travel between 2 consecutive floors and have a maximum of 3 stops, and a sign is required to specify the maximum weight capacity of the lift. [Comm 18.1803]
18. Add a requirement specifying that stairway chairlifts may not be used as an accessible route in public buildings and places of employment, since these units do not provide accessibility for people who use mobility aids, such as wheelchairs. Stairway chairlifts serve only a small number of people with disabilities and may not be considered where an accessible route is required. [Comm 18.1804 (1)]
19. Eliminate the Wisconsin-based requirement that vertical platform lifts may penetrate a floor, since the ASME A18.1a standard now permits vertical platform lifts to penetrate a floor. [ASME A18.1a section 2.1]
Council Members and Representation
The proposed rules were developed with the assistance of the Elevator Advisory Council. The members of that citizen advisory council are as follows:
Name Representing
Don Annen WI State Fire Chiefs Association, Inc.
Warren Bauer American Institute of Architects-WI Society
David Koch National Assn. of Elevator Contractors
Bruce Lammi WI Society of Professional Engineers
Steve Lex WI State AFL-CIO
Jeff Lund Waupaca Elevator Company
William Page Accessibility Equip. Manufacturers Assn.
David Rakowski Otis Elevator Company
John Zalewski National Elevator Industry, Inc.
Interested persons are invited to appear at the hearings 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 July 25, 2003 , to permit submittal of written comments from persons who are unable to attend a hearing or who wish to supplement testimony offered at a hearing. Written comments should be submitted to Diane Meredith, Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689, or Email
dmeredith@commerce.state.wi.us.
These hearings are held in accessible facilities. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call (608) 266-8741 or (608) 264-8777 (TTY) at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audiotape format will, to the fullest extent possible, be made available upon request by a person with a disability.
The proposed rules and an analysis of the proposed rules are available on the Internet at the Safety and Buildings Division web site at:
www.commerce.state.wi.us/SB/SB-HomePage.html. Paper copies may be obtained without cost from Roberta Ward, Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689, Email
rward@commerce.state.wi.us, telephone (608) 266-8741 or (608) 264-8777 (TTY). Copies will also be available at the public hearings.
Environmental Analysis
Notice is hereby given that the Department has considered the environmental impact of the proposed rules. In accordance with chapter Comm 1, the proposed rules are a Type III action. A Type III action normally does not have the potential to cause significant environmental effects and normally does not involve unresolved conflicts in the use of available resources. The Department has reviewed these rules and finds no reason to believe that any unusual conditions exist. At this time, the Department has issued this notice to serve as a finding of no significant impact.
Initial Regulatory Flexibility Analysis
1. Types of small businesses that will be affected by the rules.
All small businesses that have elevators, escalators, or lift devices will be affected by these rules.
2. Reporting, bookkeeping and other procedures required for compliance with the rules.
Owners of buildings with elevators, escalators, or lift devices will be required to keep a log of the maintenance performed on their equipment, and to make this log available to inspectors.
Owners of hydraulic elevators installed prior to January 1, 1975 and that have below ground cylinders will be required to perform an annual pressure test or a static test to determine if there is an unexplained loss of oil. The average cost to perform these tests is $500 per elevator. If the tests show an unexplained loss of oil, the hydraulic cylinders will need to be replaced.
3. Types of professional skills necessary for compliance with the rules.
None known.
Fiscal Estimate
Note: The estimated cost to perform annual pressure test is $500 per elevator. There are approximately 1750 hydraulic elevators that were installed in Wisconsin and that have below ground cylinders, and of this total, approximately 100 are installed in state owned facilities. It is estimated that, annually, the cost for the Department of Administration to have these tests performed on hydraulic elevators located in state-owned facilities will be $50,000. Local government units will also be impacted, however it is impossible to determine the number of affected hydraulic elevators that are installed in local government buildings throughout the state and the extent of the fiscal impact.
Notice of Hearing
Commerce
(Financial Resources for Bus. and Communities, Chs.
Comm 105 -
128)
NOTICE IS HEREBY GIVEN that pursuant to ss.
560.02 (4) and
560.04, Stats., the Department of Commerce will hold public hearings on proposed rules relating to the use of rapid response funds in economically depressed areas to preserve economic development.
Hearing Information
Date, Time and Location:
June 16, 2003 10:00 a.m.
Conference Room 3B
201 West Washington Ave.
Madison, Wisconsin
Analysis Prepared by the Department of Commerce
Statutes Interpreted: s.
560.04, Stats.
Pursuant to s.
560.04, Stats., the Department of Commerce (Commerce), as a part of its comprehensive duties involving community development and economic development, administers federal funds in the form of grants to eligible communities related to economic development. Under current rules, the maximum amount of funds that may be awarded to a community is $1 million per calendar year and the maximum amount that a business may borrow from a local government under the economic development program is also $1 million during any 5-year period. The timing and dollar limitations specified in the rules are barriers to providing a comprehensive and rapid response to changing economic conditions in a community.
Given the uncertainty inherent in today's marketplace, Commerce would like to maximize the use of federal community development block grant funds to positively impact local economies. Under the rules, as currently structured, Commerce's ability to respond rapidly to actual or potential plant closings or relocations in a specific geographical region is limited. The following rule will allow Commerce to respond more rapidly to changing economic conditions.
This rule provides Commerce, working collaboratively with local communities, the ability to quickly respond to changing economic conditions due to potential plant closings, business relocations, layoffs, and other economic factors that could negatively affect the economic conditions in the community and state.
Interested persons are invited to appear at the hearings 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 June 22, 2003, to permit submittal of written comments from persons who are unable to attend a hearing or who wish to supplement testimony offered at a hearing. Written comments should be submitted to Richard Meyer, Department of Commerce, Code Development, P.O. Box 2689, Madison, WI 53701-2689.
These hearings are held in accessible facilities. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call (608) 266-8741 or (608) 264-8777 (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.
Environmental Analysis
Notice is hereby given that the Department has considered the environmental impact of the proposed rules. In accordance with chapter Comm 1, the proposed rules are a Type III action. A Type III action normally does not have the potential to cause significant environmental effects and normally does not involve unresolved conflicts in the use of available resources. The Department has reviewed these rules and finds no reason to believe that any unusual conditions exist. At this time, the Department has issued this notice to serve as a finding of no significant impact.
Initial Regulatory Flexibility Analysis
1. Types of small businesses that will be affected by the rules.
Small businesses are positively impacted by this rule as local communities will more effectively be able to respond to changing economic conditions due to potential plant closings, business relocations, layoffs, and other economic factors that could negatively affect the economic conditions in the community.
Small businesses could be a direct recipient of the award from the local community or an indirect economic benefactor due to the prevention of business closing in the area.
2. Reporting, bookkeeping and other procedures required for compliance with the rules.
No special reporting, bookkeeping and other procedures are required for compliance with the rules.
3. Types of professional skills necessary for compliance with the rules.
No special professional skills are necessary for compliance with the rules.
Fiscal estimate
This rule involves federal funds and does not impact state funds. Existing agency staff will administer the provisions of this rule.
Paper copies may be obtained without cost from Richard Meyer, Department of Commerce, Code Development Bureau, P.O. Box 2689, Madison, WI 53701-2689, Email
rmeyer@commerce.state.wi.us, telephone (608) 266-3080. Copies will also be available at the public hearings.
Contact Person
Todd Kearney, Acting Division Administrator
608-266-6675
Notice of Hearings
Natural Resources
(Fish, Game, etc., Chs.
NR 1—)
NOTICE IS HEREBY FURTHER GIVEN that pursuant to ss.
169.02,
169.24 (3) and
169.36, Stats., interpreting ss.
169.02 (3),
169.04 (2) (a) 1.,
169.05 (1),
169.06 (1) (a),
169.07 (1) (a),
169.085,
169.11 (3) (b) 2.,
169.24 and
169.36, Stats., the Department of Natural Resources will hold public hearings on the renumbering of the current subch.
II of ch. NR 19 and the creation of a new subch.
II of ch. NR 19, Wis. Adm. Code, relating to wildlife rehabilitation licenses and activities. As of January 1, 2003, wildlife rehabilitators and other holders of captive wildlife were subject to regulation under ch.
169, Stats. This includes new licenses and requirements of operation. This rule implements those license requirements of operation.
Specifically, this rule establishes the qualifications required to obtain a rehabilitation license, the types of activities authorized by a rehabilitation license and the standards, limitations and requirements for rehabilitation licenses. To create room in ch.
NR 19 for the rehabilitation rules, the Wildlife Damage subchapter is being moved to ch.
NR 12.
These rules define the purpose of the subchapter, create definitions, outline general rehabilitation guidelines, create standards for obtaining either a basic or advanced license, application requirements, examination standards, facility inspection guidelines and authorities, facility housing standards, care and treatment standards, infectious disease reporting requirements, record keeping and reporting requirements and establishes the requirements and duties of advanced sponsors and the rehabilitation advisory committee.
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.
Hearing Information
NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:
Tuesday, June 17, 2003 at 6:00 p.m.
Council Chambers, Wausau City Hall
407 Grant Street
Wausau
Thursday, June 19, 2003 at 1:00 p.m.
Room 511, GEF #2
101 South Webster Street
Madison
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 Kurt Thiede at (608) 267-2452 with specific information on your request at least 10 days before the date of the scheduled hearing.
Contact Person
Written comments on the proposed rules may be submitted to Mr. Kurt Thiede, Bureau of Wildlife Management, P.O. Box 7921, Madison, WI 53707 no later than June 30, 2003. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rule [WM-08-03] and fiscal estimate may be obtained from Mr. Thiede.
Notice of Hearings
Natural Resources
(Fish, Game, etc., Chs.
NR 1—)
NOTICE IS HEREBY GIVEN that pursuant to ss.
23.09 (2) (intro.),
23.11 (1),
23.28 (3),
27.01 (2) (j) and
227.11 (2) (a), Stats., interpreting ss.
23.09 (2) (intro.),
23.28 (3),
27.01 (2) (I) and (j) and 28.04 (2), Stats., the Department of Natural Resources will hold public hearings on revisions to ch.
NR 45, Wis. Adm. Code, relating to use regulations on Department properties. Fee increases are being proposed for items such as trail passes, group camping, and electrical services for campgrounds. An increase in the number of Type “A" campgrounds is also being proposed, which would result in increased fees. A new rule has been proposed that stipulates that additional fees for water view campsites may be charged.
A rule is being proposed to prohibit commercial filming, commercial photography or provision of services for a fee in state parks, state recreation areas or southern forests that involves the provider's physical presence unless first authorized by contractual agreement or a department commercial use permit. The rule prohibiting the transplanting, relocation, stocking or release of any plant or animal within the boundaries of any state natural area would now apply to all state properties. Oakfield Ledge will be closed between the hours of 8:00 p.m. and 6:00 a.m. The language of several existing rules has been modified for clarification purposes.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s.
227.114, Stats., the proposed rule may have an impact on small businesses. The initial regulatory flexibility analysis is as follows:
a. Types of small businesses affected: Small businesses conducting business of department lands, such as commercial photographers, ski schools, climbing schools, horse trip guides and scuba diving schools.
b. Description of reporting and bookkeeping procedures required: Application for a permit and payment of a $30 annual commercial use permit.
c. Description of professional skills required: No new skills.
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.
Hearing Information
NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:
Monday, June 16, 2003 at 1:30 p.m.
Room 027, GEF #2
101 South Webster
Madison, WI
Tuesday, June 17, 2003 at 4:00 p.m.
Council Chambers, Wausau City Hall
407 Grant St.
Wausau, WI
Video conference participation at:
Wednesday, June 18, 2003 at 10:00 a.m.
Room 618, State Office Building
200 N. Jefferson St., Green Bay
Conference Room, DNR Region Hdqrs., 810 W. Maple St., Spooner
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 Kate Fitzgerald at (608) 267-2764 with specific information on your request at least 10 days before the date of the scheduled hearing.
Contact Person
Written comments on the proposed rule may be submitted to Ms. Kate Fitzgerald, Bureau of Facilities and Lands, P.O. Box 7921, Madison, WI 53707 no later than June 27, 2003. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rule [LF-19-03] and fiscal estimate may be obtained from Ms. Fitzgerald.
Notice of Hearing
Natural Resources
(Fish, Game, etc., Chs.
NR 1—)
NOTICE IS HEREBY GIVEN that pursuant to ss.
23.33 (9) and
227.11 (2) (a), Stats., interpreting s.
23.33 (9), Stats., the Department of Natural Resources will hold a public hearing on amendments to s.
NR 64.14 (2), Wis. Adm. Code, relating to reimbursement of eligible expenses on all-terrain vehicle trails. The proposed rule reflects the increased costs to sponsors for the maintenance of all-terrain vehicle trails. The maximum summer reimbursement rate increases from $220 per mile to $450 per mile and the maximum winter reimbursement rate increases from $80 per mile to $100 per mile.
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.
Hearing Information
NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:
Wednesday, June 11, 2003 at 1:00 p.m.
Council Chambers, Wausau City Hall
407 Grant St.
Wausau
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 Larry Freidig at (608) 266-5897 with specific information on your request at least 10 days before the date of the scheduled hearing.
Contact Person
Written comments on the proposed rule may be submitted to Larry Freidig, Bureau of Community Financial Assistance, P.O. Box 7921, Madison, WI 53707 no later than June 13, 2003. Written comments will have the same weight and effect as oral statements presented at the hearing. A copy of the proposed rule [CF-23-03] and fiscal estimate may be obtained from Mr. Freidig.
Notice of Hearings
Natural Resources
(Environ. Protection-WPDES, Chs.
NR 200—)
NOTICE IS HEREBY GIVEN that pursuant to ss.
283.33 (8) and
(9) and
227.11 (2) (a), Stats., interpreting s.
283.33, Stats., the Department of Natural Resources will hold a public hearing on the repeal and recreation of ch. NR 216, Wis. Adm. Code, relating to storm water discharge permits. Chapter NR 216 is being repealed and recreated in response to U.S. EPA's Phase II storm water regulations (64 FR 68722, December 8, 1999) and amendments to s.
283.33, Stats., contained in
2001 Wisconsin Act 16, which require changes to the Department's storm water discharge permit program in order to comply with the revised federal storm water regulations.
Chapter
NR 216 establishes criteria defining those storm water discharges needing WPDES storm water discharge permits, as required by s.
283.33, Stats. The goal of this chapter is to eliminate to the maximum extent practicable the discharge of pollutants carried by storm water runoff into waters of the state from certain industrial facilities, construction sites and municipal storm water runoff.
Changes to ch.
NR 216 include lowering the construction permit threshold to one acre of land disturbance from 5 acres and establishing associated permit requirements, defining which municipalities must apply for storm water permits and identifying other municipal discharges that may require permit coverage, establishing new application and permit criteria for municipal storm water discharge permits, and revising the applicability criteria and an exemption for certain industrial facilities to require permit coverage where previously exempted.
These revisions will significantly increase the number of municipal separate storm sewer systems and construction sites that must have permit coverage and will also require many industrial facilities to certify that they do not discharge contaminated storm water. The storm water permit fee system is also revised to provide appropriate funding to administer the program.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s.
227.114, Stats., the proposed rule may have an impact on small businesses. The initial regulatory flexibility analysis is as follows:
a. Types of small businesses affected: Construction site operators and certain industrial facilities.
b. Description of reporting and bookkeeping procedures required: For the construction site operators, the same procedures apply as required for construction sites of 5 or more acres. Industrial facilities affected shall certify once every 5 years that they have no contaminated storm water (previously no reporting was required).
c. Description of professional skills required: Smaller construction sites will require the same skills used with 5-acre construction sites. No new skills are required for industrial facilities.
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.
Hearing Information
NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:
Monday, July 21, 2003 at 1:00 p.m.
Room M30A, Chippewa Valley Tech. College
620 W. Clairemont Ave.
Eau Claire
Tuesday, July 22, 2003 at 1:00 p.m.
Room D101, North Central Vocational Tech
1000 W. Campus Drive
Wausau
Thursday, July 24, 2003 at 1:00 p.m.
Room 027, GEF #2
101 South Webster Street
Madison
Tuesday, July 29, 2003 at 1:00 p.m.
C-Auditorium, Milwaukee Area Tech. College
1015 N. Sixth St.
Milwaukee
Thursday, July 31, 2003 at 1:00 p.m.
Room 203, Green Bay City Hall
100 N. Jefferson St.
Green Bay
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 Carol Holden at (608) 266-0140 with specific information on your request at least 10 days before the date of the scheduled hearing.
Contact Person
Written comments on the proposed rule may be submitted to Carol Holden, Bureau of Watershed Management, P.O. Box 7921, Madison, WI 53707 no later than August 8, 2003. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rule [WT-14-03] and fiscal estimate may be obtained from Ms. Holden.
Notice of Hearing
Natural Resources
(Environ. Protection-WPDES, Chs.
NR 200—)
(Environ. Protection-Solid Waste, Chs.
NR 500—)
NOTICE IS HEREBY GIVEN that pursuant to ss.
227.11 (2) (a),
281.19 (1),
283.31,
289.05 (1),
289.06 (1),
292.11 and
299.15, Stats., interpreting chs.
160,
281,
293,
289,
292 and
299, Stats., the Department of Natural Resources will hold a public hearing on the repeal and recreation of s.
NR 219.04 Table EM and the creation of ss.
NR 204.07 (9),
214.18 (8) and
518.075, Wis. Adm. Code, relating to land application of materials containing PCBs. The proposed rules establish maximum annual application rates, requirements for PCB testing and pollution prevention requirements. The rules will apply to industrial and municipal sludges as well as solid wastes that are spread on the land. The proposed rules contain a re-opener clause stating that once U.S. EPA has adopted its sludge regulations for dioxin and dioxin-like compounds, the rule provisions will be examined to determine whether they should be amended.
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.
Hearing Information
NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:
Tuesday, June 17, 2003 at 9:00 a.m.
Video conference participation at:
Room 021, GEF #2, 101 South Webster St., Madison
Room 618, State Office Building, 200 N. Jefferson St., Green Bay
Room 139, State Office Building, 718 W. Clairemont Ave., Eau Claire
Conference Room, DOT District 8, 1701 N. 4th St., Superior
Room 127, DOT Offices, State Office Building, 141 NW Barstow, Waukesha
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 Kevin Kessler at (608) 266-5207 with specific information on your request at least 10 days before the date of the scheduled hearing.
Contact Person
Written comments on the proposed rule may be submitted to Mr. Kevin Kessler, Division of Air and Waste, AM/7, P.O. Box 7921, Madison, WI 53707 no later than June 30, 2003. Written comments will have the same weight and effect as oral statements presented at the hearing. A copy of the proposed rule [WA-22-03] and fiscal estimate may be obtained from Mr. Kessler.
Notice of Proposed Rule
Revenue
NOTICE IS HEREBY GIVEN That pursuant to ss.
77.61 (9) and
227.11 (2), Stats., and interpreting s.
70.11 (21),
76.025 (1) and
77.54 (26), Stats., and according to the procedure set forth in s.
227.16 (2) (e), Stats., the Department of Revenue will adopt the following rules as proposed in this notice without public hearing unless, within 30 days after publication of this notice on June 1, 2003, it is petitioned for a public hearing by 25 natural persons who will be affected by the rule, a municipality which will be affected by the rule, or an association which is representative of a farm, labor, business or professional group which will be affected by the rule.
All changes recommended by the Wisconsin Legislative Council Rules Clearinghouse have been incorporated in the final draft of rule 03-032.
Analysis Prepared by Department of Revenue
The Notice of Assessment is sent by municipal assessors to inform taxpayers of change in real property assessment. The procedure for sending the Notice and the means by which it is prescribed is governed by s.
70.365, Stats.
The administration of the property tax exemption for solar and wind energy systems as defined in the statute is guided by s.
70.11 and
70.111 (18), Stats.
1997 Wisconsin Act 237 amended s.
70.365, Stats. to require the assessor to send a Notice of Assessment for any change in assessment of real property; under prior law a Notice was only sent for assessment increases of $300 or more.
1997 Wisconsin Act 237 also amended s.
70.365, Stats. to require the Notice to include the time and place of the meeting of the local board of review or board of assessors in addition to the date. The proposed rule updates Tax 12.075 to reflect those changes in the law. Section
Tax 12.075 (1) (j) and
(k) would require, specifically, the assessor's and clerk's name and telephone number to be included in the Notice. Since Tax 12.075 (3) permits the use of alternate forms containing the same information as the prescribed form, the proposed rule repeals the prescriptions under s.
Tax 12.075 (2) (a) (b) (c) which are unnecessary.
The impetus for the repeal and recreation of s.
Tax 12.50 is to eliminate contradiction between the rule and the law. Removal of Note 1, (2), (3), (3)(a), and Note 2 reflects the repeal of s.
101.57 (4), Stats., by
1983 Wis. Act 27, and the repeal of s.
16.957 (4), Stats., by
1985 Wis. Act 120.
1997 Wisconsin Act 237 amended s.
70.11, Stats., to require a property owner to file claim of property exemption on or before March 1. This filing deadline is required for all exempt property as outlined in s. 70.11, Stats., and Tax 12.50 (3) (b) is being removed as it is redundant.
1995 Wisconsin Act 27 repealed the sunset date, December 31, 1995, of the property tax exemption for solar and wind energy systems in s.
70.111 (18), Stats. The proposed rule removes s.
Tax 12.50 (4) to reflect the repeal of the sunset date.
Section 1. Tax 12.075(title), (1)(b), (c) are amended to read:Tax 12.075(title)
Tax 12.075 Notice of increased changed assessment on tax-able real property (s.
70.365, Stats.)
.
(1)(b) The amount of the increased
changed assessment or the amount of to include the previous year's assessment and the amount of the current year's assessment.
(c) Date, time and place of the meeting of the local board of review.
Section 2. Tax 12.075(1)(j) and (k) are created to read:
Tax 12.075(1)(j) Name and telephone number of the clerk of the board of review.(k) Name and telephone number of the assessor.
Section 3. Tax 12.075(2) is amended to read:
(2) PRESCRIBED FORM. The department form of this notice shall be pre-scribed by the department as follows: prescribe this form containing the information in subsection (1).
Section 4. Tax 12.075(2)(a),(b), and (c) are repealed.
Section 5. Tax 12.075(3) and (4) are amended to read:
Tax 12.075 (3) OTHER FORMS. Any form containing the same information as any of the prescribed forms form is acceptable.
(4) APPLICABILITY. Subsections (1), (2), and (3) shall apply to all notices of increased changed assessment mailed after December 31, 1979 2002.
Section 6. Tax 12.50 is repealed and recreated to read:
Tax 12.50 Exempt solar and wind energy systems. The general property tax exemption applies whether the solar and wind energy systems are deemed personal property or are so affixed to the realty as to be classified as real estate.
Initial Regulatory Flexibility Analysis
The proposed rule does not have a significant economic impact on a substantial number of small businesses.
Fiscal Estimate
No state or local government fiscal impact anticipated.
Contact Person
Please contact Erika Esser at (608) 266-8182 or
eesser@dor.state.wi.us if you have any questions regarding this proposed rule order.
Notice of Hearing
Veterans Affairs
Notice is hereby given that the Department of Veterans Affairs will hold a public hearing on the 20th day of June, 2003, at 9:30 a.m., at the Wisconsin Veterans Home, Marden Center, in the city of King, Wisconsin.
Analysis Prepared by the Department of Veterans Affairs
The Department proposes to amend s.
VA 13.05. The proposed amendment will enable the Department to assess rental charges of up to 30% of a resident's monthly income, less certain allowable deductions. The assessment will be limited to those months that the resident actually lived at the regional housing site.
Initial Regulatory Flexibility Analysis
This rule is not expected to any adverse impact upon small businesses.
Fiscal Estimate
The proposed amendment will have no state fiscal effect.
Contact Person
John Rosinski
Wisconsin Department of Veterans Affairs
PO Box 7843
Madison, WI 53707-7843
(608) 266-7916