1-2 pm Madison, WI
The hearing site is fully accessible to people with disabilities. If you are hearing or visually impaired, do not speak English, or have circumstances that might make communication at a hearing difficult and if you, therefore, require an interpreter or a non-English, large print or taped version of the hearing document, contact the person at the address or phone number given above at least 10 days before the hearing. With less than 10 days notice, an interpreter may not be available.
Deadline for Comment Submission
Written comments for this rule that are submitted using the Department's website or which the Department receives by mail or email to the contact person listed below, no later than 4:30 p.m., June 25, 2004, will be given the same consideration as testimony presented at the hearing.
Analysis Prepared by the Department of Health and Family Services
Under s.
254.41 of the Wisconsin statutes, the Department of Health and Family Services is responsible for monitoring radiation emissions around nuclear plants operating in or near Wisconsin. The Department assesses a fee to operating nuclear plants in Wisconsin that supports the Department's and local health agencies' collection of emissions and analysis activities. Chapter
HFS 158 specifies the Department's annual base fee, which is currently $47,500. Chapter
HFS 158 also allows the Department to raise the fee each year based on changes in the consumer price index. Consequently, the current fee is $55,940.
The Department's monitoring costs over the past 13 years have risen at a rate exceeding that of the consumer price index. In addition, federal and other funding sources that also supported monitoring activities have either been eliminated or reduced. Consequently, the fee has become the primary funding source for monitoring activities. In response to these revenue losses, the Department reduced the scope of monitoring activities rather than raise the base fee in ch.
HFS 158. However, the Department cannot further reduce monitoring activities without compromising minimal national standards. Therefore, to continue to monitor activities at a minimum level consistent with national standards, the Department is proposing to increase the base fee in ch.
HFS 158 to $95,000.
Statutory Authority
The Department's authority to amend and create these rules is found in s.
254.41, Stats.
Statutes Interpreted
The rules interpret s.
254.41, Stats.
Fiscal Estimate
The Department of Health and Family Services is mandated by s.
254.41, Stats., to conduct environmental radiation monitoring within 20 miles of any nuclear plant impacting Wisconsin. The Department assesses an annual fee to the operating plants in Wisconsin that supports the Department's sample collection and analysis activities. The fee established in rule may be increased annually by the cost of living index. The current fee is $55,940. Since the last fee increase by administrative rule in 1991, program costs have increased faster than the cost of living index. As a result, the Department is proposing to increase the fee in ch.
HFS 158 to $95,000.
The environmental monitoring program consists of 1.0 FTE with an SFY 2004 operating budget of $206,864. SFY personnel costs are $89,428 (salary and fringe) with total capital, supplies and services of $117,436. SFY 2004 operating revenue of $176,090 is derived from annual fees, voluntary contributions from the nuclear utility industry and SFY 03 carryover. The department projects a program deficit of $30,774 in SFY 04.
The fiscal effect on the utilities operating nuclear plants in Wisconsin will be minimal.
Effect on Small Business
This proposed rule change will not affect small businesses.
For More Information
A copy of the full text of the rule and the full text of the fiscal estimate, and other documents associated with this rulemaking may be obtained, at no charge, from the Wisconsin Administrative Rules website at
http://adminrules.wisconsin.gov. At this website, you can also register to receive email notification whenever the Department posts new information about this rulemaking. During the public comment period, you can submit comments on the rulemaking order and view comments that others have submitted about the rule.
A copy of the full text of the rule and the fiscal estimate may also be obtained by contacting:
Paul Schmidt
Chief, Radiation Protection Section
P.O. Box 2659
Madison, WI 53701-2659
608-267-4792
Notice of Hearing
Natural Resources
(Fish, Game, etc., Chs.
NR 1—)
NOTICE IS HEREBY GIVEN that pursuant to ss.
29.014 and
227.11 (2) (a), Stats., interpreting s.
29.181,
29.132,
29.347 and
29.885 (4m), Stats., the Department of Natural Resources will hold a public hearing on amendments to chs.
NR 10,
12 and
19, Wis. Adm. Code, relating to hunting and trapping regulations. The proposed rule changes provide clarification to current rules, update definitions, increase management efficiency and alter limitations on hunters. The changes are minor in nature and non-controversial. This rule order includes rule changes that:
•Eliminate and update outdated administrative code language including definitions and citations.
•Clarify existing rules and, in some cases, simplify hunting and trapping rules and regulations.
•Define a number of hunting and trapping terms previously missing or which were placed in other areas of the administrative code.
•Eliminate references to tagging and license language made obsolete with the automated licensing system.
•Simplify and clarify firearm restrictions for turkey, deer and bear hunting.
•Clarify the use of crossbows for resident senior citizens.
•Clarify the code relating to trap placement and sets.
•Update deer hunting rules for the Sandhill wildlife area.
•Correct an omission relating to the sunset dates for small game and waterfowl hunting in state parks.
•Clarify the procedure for an individual to possess spotted deer hides.
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.
NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:
Friday, June 11, 2004 at 1:00 p.m.
Room 517, 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.
Fiscal Estimate
No fiscal impact is anticipated.
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 14, 2004. Written comments will have the same weight and effect as oral statements presented at the hearing. A copy of the proposed rule 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.
77.06 (2),
77.91 (1) and
227.11 (2) (a), Stats., interpreting ss.
77.06 (2) and
77.91 (1), Stats., the Department of Natural Resources will hold public hearings on the repeal and recreation of s.
NR 46.30 (2) (a) to
(c) relating to the administration of the Forest Crop Law and Managed Forest Law. Sections
77.06 (2) and
77.91 (1), Stats., require an annual hearing relating to the determination of stumpage values used in calculating severance and yield taxes on timber cut from Forest Crop Lands (FCL) and Managed Forest Lands (MFL). This rule revises the annual stumpage values used to calculate severance and yield taxes due on timber cut during the period from November 1, 2004 through October 31, 2005. Thirteen separate zones reflect varying stumpage values for different species and products across the state. The average price change for sawtimber is a 7.29% increase over current rates. The pulpwood prices, on average, would increase 3.56%.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s.
227.114, Stats., the proposed rule may have an impact on small businesses.
Initial Regulatory Flexibility Analysis
a. Types of small businesses affected: Small private forest landowners and forest industries enrolled under the Forest Crop law and Managed Forest Law
b. Description of reporting and bookkeeping procedures required: No new procedures
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.
NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:
Monday, June 14, 2004 at 9:00 a.m.
Fitchburg Room, Fitchburg Community Center
5520 Lacy Road
Fitchburg
Jackson Co. UW Extension Office
227 S. 11th Street
Black River Falls
State Patrol Headquarters
2805 Martin
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 Linda DePaul at (608) 266-3545 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
The preliminary 2005 stumpage rate schedule includes an average 7.29 % increase in sawtimber prices and an increase of 3.56% in cordwood prices. The severance and yield tax collection in CY 2003 was $1,050,000. Of this, about 20% of the gross revenue is from sawtimber harvests. Eighty percent of the revenue was related to cordwood harvests. As a result, a 7.29 % increase in sawtimber prices would generate an additional estimated $15,309 in revenues. An increase of 3.56% in cordwood prices would generate an estimated additional $29,904 in revenues. The cumulative effect would be a net increase in revenues of $45,213. Under current statutes, the gross receipts are shared equally between the municipality and the state. The municipality in turn shares 20% of their receipts with the county.
The net fiscal impact is based on the assumption that the volume and the the ratio of the pulpwood and sawtimber will remain the same this year as last year.
The net fiscal effect of this rule change will be an increase of approximately $22,607 to both state and local revenues. The state revenue received from severance and yield taxes are deposited into the Forestry account of the Conservation Fund.
Written comments on the proposed rule may be submitted to Ms. Linda DePaul, Bureau of Forestry, P.O. Box 7921, Madison, WI 53707 no later than June 14, 2004. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rule and fiscal estimate may be obtained from Ms. DePaul.
Notice of Hearings
Natural Resources
(Environmental Protection—General,
Chs.
NR 100—)
NOTICE IS HEREBY GIVEN that pursuant to ss.
227.11 (2) (a) and
281.17 (3), Stats., interpreting ch.
281, Stats., the Department of Natural Resources will hold public hearings on amendments to subch.
II of ch. NR 114, Wis. Adm. Code, relating to septage operator certification. The proposed rule removes the lifetime certification status and creates a more practical certification grading system. Those certified operators who are currently designated as an Operator-In-Charge (OIC) will automatically be classified as OIC's in the new certification system as well. Experience requirements are established along with a mandatory class and examination in order to become an OIC in the future. However, those who would have qualified for the lifetime certification status within three years of the effective date of the rule will be exempt from those requirements. Fees for examinations, certificate renewals, late fee penalties, and Operator-in-Training registrations are increased. In turn the department will use fees generated under this subchapter for the purposes of implementing this program and ch.
NR 113. Specifically the proposed revisions achieve the following objectives:
•
Eliminates the lifetime certification classification.
•
Increases fees for examinations, certification renewals, late renewal penalties, and operator-in-training registrations.
