Rule-making notices
Notice of Hearings
Agriculture, Trade and Consumer Protection
(Reprinted from 9-15-04 Register)
The State of Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) announces that it will hold public hearings on a proposed rule that implements the livestock premises registration program created by
2003 Wis. Act 229. Persons who keep livestock in this state must register the premises annually with the DATCP. Each premises will receive a unique premises registration number generated by the United States Department of Agriculture. There is no fee to register.
DATCP will hold five public hearings at the times and places shown below. DATCP invites the public to attend the hearings and comment on the proposed rule. Following the public hearings, the hearing record will remain open until Friday, December 10, 2004, for additional written comments. Comments may be sent to the Division of Animal Health at the address below or by e-mail to:
hearingcommentsAH@datcp.state.wi.us.
Wisconsin Department Agriculture, Trade and Consumer Protection
Division of Animal Health
P.O. Box 8911
Madison, WI 53708-8911
Telephone: (608) 224-4883
Copies will also be available at the public hearing.
To provide comments or concerns relating to small business, please contact DATCP's small business regulatory coordinator Keeley Moll at the address above, by e-mail at
Keeley.Moll@datcp.state.wi.us or by telephone at (608) 224-5039.
Hearing-impaired persons may request an interpreter for these hearings. Please make reservations for a hearing interpreter by October 22, 2004, by contacting Melissa Mace, Division of Animal Health, Department of Agriculture, Trade and Consumer Protection, P.O. Box 8911, Madison, WI 53708-8911, telephone (608) 224-4883. Alternatively, you may contact the DATCP TDD at (608) 224-5058. Handicap access is available at the hearings.
Hearing Locations:
Tuesday, November 9, 2004
2:00 p.m. to 4:00 p.m. and 4:30 p.m. to 6:30 p.m.
WDATCP Regional Office
3610 Oakwood Hills Parkway
Eau Claire, WI 54701-7754
Wednesday, November 10, 2004
2:00 p.m. to 4:00 p.m. and 4:30 p.m. to 6:30 p.m.
Calamus Town Hall
W9820 County Trunk D
Beaver Dam, WI 53916
Monday, November 15, 2004
2:00 p.m. to 4:00 p.m. and 4:30 p.m. to 6:30 p.m.
Iowa County Courthouse, Room 204
222 N. Iowa Street
Dodgeville, WI 53533
Wednesday, November 17, 2004
2:00 p.m. to 4:00 p.m. and 4:30 p.m. to 6:30 p.m.
Brown County Library
515 Pine Street
Green Bay, WI 54301
Tuesday, November 30, 2004
2:00 p.m. to 4:00 p.m. and 4:30 p.m. to 6:30 p.m.
Community Center, Matheson Memorial Library
101 North Wisconsin Street
Elkhorn, WI 53121
Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection (DATCP)
This rule implements the livestock premises registration program created by
2003 Wis. Act 229. This program is intended to protect animal health and the security of the food chain. Among other things, premises registration will facilitate more rapid response to animal disease emergencies.
Under this rule, persons who keep livestock in this state must register annually with the Department of Agriculture, Trade and Consumer Protection (“DATCP"). DATCP will assign a unique premises registration number, generated by the United States Department of Agriculture (“USDA"), to each registered premises. Registration information is confidential, and there is no fee to register. Registration complies with standards contained in the National Animal Identification System (“national plan").
Statutory Authority
DATCP has broad general authority under s.
93.07 (1), Stats., to make and enforce rules to implement laws under its jurisdiction. Section
95.51, Stats., creates a livestock premises registration program and directs DATCP to implement the program. The following statutes specifically authorize DATCP to adopt rules related to the following subjects:
•
Section
95.51 (3m) and
(7), Stats. (livestock premises registration program).
•
Section
95.68 (8), Stats. (animal markets).
•
Section
95.69 (8), Stats. (animal dealers).
•
Section
95.71 (8), Stats. (animal truckers).
•
Section
95.72 (5), Stats. (rendering plants and other entities that collect and process livestock carcasses).
•
Section
97.42 (4), Stats. (slaughter establishments).
Background
Wisconsin is the first state in the nation to mandate a livestock premises registration program. The Wisconsin program is part of a national effort to create a comprehensive livestock identification system. The national plan spells out the goals and standards for all states to follow.
The national plan was developed under the auspices of USDA and the United States Animal Health Association, in cooperation with the livestock industry. It calls for a system that can identify all animals and premises exposed to a foreign animal disease (such as foot and mouth disease) within 48 hours after the disease is discovered. This rapid response capability will be critically important in the event of a major animal disease emergency.
This rule addresses livestock premises registration, not animal identification. But premises registration is a necessary first step toward a comprehensive livestock identification system. By itself, premises registration will also facilitate more effective disease control and emergency response. Under the national plan, each state is responsible for establishing an effective premises registration program that meets national standards.
Program Administration
The Wisconsin Livestock Identification Consortium (“WLIC"), which represents a broad spectrum of the livestock industry groups, has led the nation in developing a premises registration system that meets national standards. Recently, USDA picked the WLIC system as the prototype for a national premises registration system. DATCP will likely contract with WLIC to administer the livestock registration program on behalf of DATCP. This rule spells out contract standards, including confidentiality requirements.
DATCP has requested, and hopes to receive, continued federal funding for the registration program. If federal funding is not forthcoming, it will be necessary to fund the premises registration program with state tax dollars or registration fees. The Legislature will determine the funding source and amount. This rule does not create any registration fees.
DATCP estimates that the program will affect at least 60,000 livestock premises in Wisconsin and will cost approximately $918,000 each year. DATCP will work with the livestock industry and others to promote voluntary compliance but may also take enforcement action against persons who knowingly refuse to comply. Penalties are set by statute and are equivalent to those under other animal health and food safety laws.
Rule Content
This rule implements Wisconsin's Livestock Premises Registration Law (
2003 Wis. Act 229), which takes effect on November 1, 2005. The rule includes the following key provisions:
Annual Registration Required
A person may not keep “livestock" in this state unless the livestock premises are annually registered with DATCP. “Livestock" includes cattle, swine, poultry, sheep, goats, horses, farm-raised deer, bison, camelids (such as llamas), ratites (such as ostriches and emus) and fish.
If 2 or more persons have a role in keeping livestock at the same location (for example, if one person owns the livestock, another tends them, and a 3rd owns the land), any one of those persons may register that location (the others need not register). Registration does not create any “ownership" rights that do not otherwise exist. It merely identifies a location in this state at which livestock are kept. DATCP assigns a unique premises code that continues with that location, even if the registrant changes (some exceptions apply).
Operators of livestock facilities currently licensed by DATCP (dairy farms, deer farms, fish farms, animal markets, animal dealer premises, animal trucker premises, slaughter establishments, equine quarantine facilities and rendering establishments) must register the facilities licensed to them and may not let others register those premises for them. License holders will be able to register by filling out a few extra lines on their annual license renewal forms.
Effective Dates
The registration requirement under this rule will take effect on January 1, 2006, except that for livestock facilities currently licensed by DATCP, the registration requirement will take effect on the first day of the first full license year beginning after January 1, 2006. For example, the registration requirement first applies to dairy farms on May 1, 2006, because dairy farm licenses expire on April 30 of each year.
An annual registration expires on December 31, or in the case of livestock premises currently licensed by DATCP, on the annual license expiration date.
How to Register
There is no fee to register livestock premises. A person may register on-line or in writing on forms prescribed by the DATCP. Forms will be readily available from DATCP and its contract agent. DATCP will send annual renewal forms to registrants to make renewal as easy as possible. Renewals, like initial registrations, may be transacted on-line.
Each registrant must provide the following information:
•
Registrant's legal name, any trade names, mailing address, and phone number.
•
Primary premises location and any secondary locations included in the registered premises.
•
Name and phone number of a contact person with knowledge of livestock movements to and from all locations comprising the premises.
•
Type(s) of livestock operation.
•
Type(s) of livestock kept.
DATCP or its agent will issue a written or electronic premises registration certificate to each registrant, depending on the form of registration. The registration certificate will include a unique premises registration code generated by USDA (the premises code is assigned to the primary premises location). If the registrant is currently licensed by DATCP (dairy farms, deer farms, livestock markets, etc.), the premises code will be included on the registrant's annual license.
Confidentiality
Premises registration information required under this rule is confidential. However, the premises code itself is not confidential. Neither DATCP nor its contract agent may disclose confidential registration information to any other person or agency (except USDA). DATCP may disclose confidential registration information if necessary to prevent or control disease, or to protect public health, safety or welfare. DATCP may also disclose information with the registrant's permission.
This confidentiality does not apply to information required under other laws. For example, information that was required of license holders and was open to public inspection prior to the effective date of the livestock premises registration law remains open to public inspection. But premises registration information required for the first time under the new law, or under this rule, must be kept confidential.
DATCP may create aggregate information (such as maps and statistics) from registration information, but may not disclose that information if it would reveal (or make it possible to deduce with certainty) the address or identity of any registrant.
Contract Agent
DATCP may contract with an agent (presumably WLIC) to process registrations, manage registration information, and perform other functions on behalf of DATCP. The registration process must be conducted under the name of DATCP, not the contract agent. DATCP must approve the registration process and forms.
The contract agent may not do any of the following without DATCP approval:
•
Change the registration process or forms.
•
Use or disclose any information that it acquires as DATCP's agent.
•
Purport to collect information as DATCP's agent.
•
Ask a registrant for permission to use or release confidential registration information.
A contract agent must specifically identify to DATCP the individuals who will handle confidential information. Each of those individuals must sign a confidentiality agreement with DATCP. Neither the contract agent, nor any individual affiliated with the contract agent, may disclose confidential information or use it for financial advantage.
A contract agent must comply with applicable state standards related to the storage, handling and disposition of state records. If a contract is terminated, the contract agent must return all registration records to DATCP. DATCP may terminate a contract at any time.
Receiving Livestock from Unregistered Premises
This rule prohibits the receipt of livestock from unregistered premises for purposes of sale, exhibition or slaughter. But this prohibition does not apply unless USDA or surrounding states impose an equivalent prohibition in all of the surrounding states.
Changes to Existing Rules
This rule modifies current DATCP rules related to the licensing of dairy farms, deer farms, fish farms, animal markets, animal dealer premises, animal trucker premises, slaughter establishments, equine quarantine facilities and rendering establishments by incorporating by reference the new livestock premises registration requirements under this rule.
Fiscal Impact
The livestock premises registration program will have no fiscal impact on local government, but it will have a significant fiscal impact on DATCP. DATCP expects to incur one-time costs of $42,000 and annual costs of $918,600 to implement the program (see fiscal estimate attached). DATCP has requested, and hopes to receive, federal funding to cover these costs. However, federal funding is not assured.
If federal funding is not forthcoming, state funding will be needed. As required by
2003 Wisconsin Act 229, DATCP will submit a biennial budget request for state appropriations (tax dollars or fee revenues) to fund the program in the FY 2005-07 biennium. The Legislature will determine the funding source and amount. This rule does not create any registration fees.
Business Impact
This rule implements the livestock premises registration program mandated by the Legislature in
2003 Wisconsin Act 229. This rule will affect an estimated 60,000 Wisconsin businesses, including the following (many of these businesses are “small businesses"):
•
Livestock producers, including dairy, beef, swine, poultry, farm-raised deer, sheep, goat, fish and exotic livestock producers.
•
Horse owners and stable operators.
•
Livestock markets, dealers and truckers.
•
Slaughter establishments.
•
Rendering and dead animal processing establishments.
•
Operators of livestock exhibitions.
•
Veterinary clinics.
Affected businesses must register their premises annually with DATCP. There is no fee. Businesses can register on-line or in writing. Businesses currently licensed by DATCP, including dairy farms, deer farms, fish farms, animal markets, animal dealers, animal truckers, slaughter establishments, equine quarantine facilities and rendering establishments, can comply just by completing a few additional lines on their annual license applications. DATCP will facilitate annual renewals by sending automatic renewal notices to all registrants.
This rule does not create any new record-keeping or reporting requirements, other than the basic annual registration requirement. It does not require businesses to hire any new professional services. This rule establishes a delayed effective date of January 1, 2006, so that affected business will have time to understand and comply with the new registration requirement. For persons currently licensed by DATCP, the effective dates are further delayed to coincide with the start of an annual licensing period.
DATCP will work with the livestock industry to implement the new program, which will have important benefits for the industry. DATCP and its contract agent will implement an information and education program, and it will provide convenient registration mechanisms for affected businesses. DATCP will also make it easy for registrants to renew annually by sending automatic renewal forms (registrants need only update pre-printed information, if that information has changed).
This rule will not have a significant adverse economic impact on small business, and it is not subject to the delayed small business effective date provision in s.
227.22(2)(e), Stats.
A small business analysis (“initial regulatory flexibility analysis") is attached.
Under
2003 Wis. Act 145, DATCP and other agencies must adopt rules spelling out their rule enforcement policy for small businesses. DATCP has not incorporated a small business enforcement policy in this rule, but it will propose a separate rule on that subject. DATCP will, to the maximum extent feasible, seek voluntary compliance with this rule.
Federal Regulation
There is, as yet, no federal law mandating nationwide registration of livestock premises. However, USDA plans to implement a comprehensive livestock identification program that includes state registration of livestock premises. USDA and the United States Animal Health Association have developed a national plan in cooperation with the livestock industry.
Under
2003 Wis. Act 229, Wisconsin rules must be consistent with the national plan. This rule is consistent with the current national plan and will be modified as necessary as the national plan evolves. USDA has funded the development of Wisconsin's premises registration system and may fund its implementation.
Notice of Hearing
Athletic Trainers Affiliated Credentialing Board
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Athletic Trainers Affiliated Credentialing Board in ss.
15.085 (5) (b),
227.11 (2) and
448.9525 (2), Stats., and interpreting s.
448.956, Stats., the Athletic Trainers Affiliated Credentialing Board will hold a public hearing at the time and place indicated below to consider an order to create s.
AT 4.02 (5), relating to referrals.
Hearing Date, Time and Location
Date: November 8, 2004
Time: 9:15 a.m.
Location: 1400 East Washington Avenue
Room 179A
Madison, Wisconsin
Appearances at the Hearing:
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Administrative Rules, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by November 17, 2004, to be included in the record of rule-making proceedings.
Analysis Prepared by Dept. of Regulation and Licensing
Statutes interpreted: s.
448.956, Stats.
A new provision is being added to modify s.
AT 4.02 to clarify the duties of a licensee in the clinical context and when working on behalf of a primary employer in the instance of receiving a referral of a patient for treatment. Currently, the mandatory protocol requirements for the treatment of an athletic injury do not explicitly provide guidelines delineating the consultation duty and protocol disclosure duty of a licensee who receives a referral of a patient from a person who is not the licensee's consulting physician. Modifying s.
AT 4.02 will assist licensees by clarifying the type of disclosures and professional consultations that must be made with consulting physicians and health care providers in the instance of the evaluation and treatment of referred patients.
SECTION 1 creates a new provision to clarify the five conditions under which a licensee may accept the referral of a patient from a health care provider who is not the licensee's consulting physician.
This proposed rule-making order was reviewed and approved by the Medical Examining Board.
Federal Regulations: There is no existing federal regulation regarding referrals.
State Regulations:
Michigan -- No regulation.
Illinois -- No rules regarding referrals.
Indiana -- (Referral by physician, osteopath, podiatrist, chiropractor)
IC25-5.1-1-4 Athletic training
Sec. 4. “Athletic training" means the practice of prevention, recognition, assessment, management, treatment, disposition, and reconditioning of athletic injuries under the direction of a licensed physician, osteopath, podiatrist, or chiropractor. However, in a clinic accessible to the general public, the term means practicing athletic training only upon the referral and order of a licensed physician, osteopath, podiatrist, or chiropractor.
Minnesota -- (Referral – license to practice – medicine, chiropractic, podiatry, dentistry. In corporate setting, the AT may also work under the direct supervision of a physical therapist, which is similar to a referral.) Minn. Stats. Section
148.7806 Athletic training.
Athletic training by a registered athletic trainer under section 148.7808 includes the activities described in paragraphs (c) to (e).
(c) At the primary employment site, except in a corporate setting, an athletic trainer may evaluate and treat an athlete for an athletic injury not previously diagnosed for not more than 30 days, or a period of time as designated by the primary physician on the protocol form, from the date of the initial evaluation and treatment. Preventative care after resolution of the injury is not considered treatment. This paragraph does not apply to a person who is referred for treatment by a person licensed in this state to practice medicine as defined in section 147.081, to practice chiropractic as defined in section 148.01, to practice podiatry as defined in section 153.01, or to practice dentistry as defined in section 150A.05 and whose license is in good standing.
(d) An athletic trainer may:
(e) In a clinical, corporate, and physical therapy setting, when the service provided is, or is represented as being, physical therapy, an athletic trainer may work only under the direct supervision of a physical therapist as defined in section 148.65.
Iowa -- (Referral – doctor, dentist)
IAC-645-351.6(1) Standards for athletic training-direct service. c. Standard 3-documentation. The athletic trainer shall accept responsibility for recording details of the athlete's health status. Documentation shall include:
(2) Referral source (doctor, dentist).
Fiscal Estimate
The Department of Regulation and Licensing will incur $500 in costs to print and distribute this rule change.
Private Sector Fiscal Effect
The Department of Regulation and Licensing has determined that this rule has no significant fiscal effect on the private sector.
Final Regulatory Flexibility Analysis
These proposed rules will have no significant economic impact on a substantial number of small businesses, as defined in s.
227.114 (1) (a), Stats.
Copies of Rule and Contact Person
Copies of this proposed rule are available without cost upon request to: Pamela Haack, Department of Regulation and Licensing, Office of Administrative Rules, 1400 East Washington Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708 (608) 266-0495
Notice of Hearing
Dentistry Examining Board
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Dentistry Examining Board in ss.
15.08 (5) (b) and
227.11 (2), Stats., and interpreting s.
447.04 (1) (a) 3., Stats., the Dentistry Examining Board will hold a public hearing at the time and place indicated below to consider an order to create DE 1.02 (4m), relating to the definition of “dental school."
Hearing Date, Time and Location
Date: November 3, 2004
Time: 9:00 a.m.
Location: 1400 East Washington Avenue
Room 179A
Madison, Wisconsin
Appearances at the Hearing
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Administrative Rules, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by November 15, 2004, to be included in the record of rule-making proceedings. Analysis prepared by the Department of Regulation and Licensing.
Analysis
In Section 1, the Dentistry Examining Board proposes to define dental school to specify that the school or college must be approved by the board; be a 4 year program or equivalent; and result in the degree of doctor of dental surgery or doctor of dental medicine.
Regulation in adjoining states:
Illinois:
Does not define the term “dental school" in its administrative rules.
Indiana:
Does not define the term “dental school" in its administrative rules.
Iowa:
The term “accredited school" is defined as a dental, dental hygiene, or dental assisting education program accredited by the American Dental Association Commission on Dental Accreditation.
Michigan:
Does not include the term “dental school" in its administrative rules.
Minnesota:
Does not define the term “dental school" in its administrative rules. However, the term “Commission on Accreditation" is defined as the Commission on Dental Accreditation of the American Dental Association.
There is no existing federal regulation that defines dental schools.
TEXT OF RULE
SECTION 1. DE 1.02 (4m) is created to read:
DE 1.02 (4m) “Dental school" means a school or college approved by the board that offers at least 4 academic years of instruction or its equivalent in all dental disciplines and that leads to the degree of doctor of dental surgery or doctor of dental medicine.
Fiscal Estimate
The Department of Regulation and Licensing will incur $500 in costs for staff to print and distribute the rule change.
Private Sector Fiscal Effect
The Department of Regulation and Licensing has determined that this rule has no significant fiscal effect on the private sector.
Final Regulatory Flexibility Analysis
These proposed rules will have no significant economic impact on a substantial number of small businesses, as defined in s.
227.114 (1) (a), Stats.
Copies of Rule and Contact Person
Copies of this proposed rule are available without cost upon request to: Pamela Haack, Department of Regulation and Licensing, Office of Administrative Rules, 1400 East Washington Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708 (608) 266-0495.
Notice of Hearing
Employee Trust Funds
The Wisconsin Department of Employee Trust Funds (DETF) will hold a public hearing to review this proposed rule, which amends Wis. Admin. Code ss.
ETF 10.30 (8),
10.75 (2) (a) and
10.82 (1), repeals and recreates s.
ETF 10.82 (2) and creates s.
ETF 10.82 (1) (am) regarding the receipt of facsimile and electronic mail communications by the department. The public hearing will be held on
October 28, 2004, at 1:30 PM in the downstairs Conference Room GB at the offices of the Department of Employee Trust Funds, 801 West Badger Road, Madison, Wisconsin.
The public record on this proposed rule making will be held open until 4:30 p.m. on Friday, November 12, 2004, to permit persons who are unable to attend the public hearing in person to submit written comments on the proposed rule. Any such written comments should be addressed to Robert Weber, Department of Employee Trust Funds, 801 W. Badger Road, P.O. Box 7931, Madison, WI 53707-7931.
Statutory authority:
This proposed rule will be promulgated under the authority granted to the Secretary of the Department of Employee Trust Funds under Wis. Stat. s.
40.03 (2) (i).
Explanation of agency authority:
The Secretary of the Department of Employee Trust Funds is expressly authorized to promulgate rules required for the efficient administration of the Public Employee Trust Fund or the benefit plans administered by the Department. Rules required for the administration of group health, long-term care, income continuation or life insurance plans under subchs.
IV to
VI of ch. 40, Stats., must also be approved by the Group Insurance Board. Approval by the Deferred Compensation Board is necessary for all rules required for the administration of deferred compensation plans established under subch.
VII of ch. 40. Those programs aside, rule-making under Wis. Stat. s.
40.03 (2) (i) requires the approval of the Employee Trust Funds Board and rules relating to teachers must be approved by the Teachers Retirement Board while rules relating to participants other than teachers must be approved by the Wisconsin Retirement Board.
Related statute or rule:
Wis. Stat. ss.
137.11,
137.16,
137.17, and
137.23, all being part of subchapter II ("Electronic Transactions and Records; Electronic Notarization and Acknowledgement") of ch.
137 as affected by
2003 Wis. Act 294, effective May 5, 2004. Act 294 is intended to enact the Uniform Electronic Transactions Act in Wisconsin. As described by the National Conference of Commissioners on Uniform State Laws, the UETA is designed to support the use of electronic commerce. The primary objective of the UETA to establish the legal equivalence of electronic records and signatures with paper writings and manually signed signatures, removing barriers to electronic commerce.
Plain language analysis:
The rule is loosely modeled on provisions of ss.
137.11,
137.16,
137.17, and
137.23, Stats. The proposed rule codifies a general department policy that receipt of a document via facsimile ("fax") or electronic mail ("e-mail") is functionally identical to receipt of that document by other available means, such as mail delivery or delivery by hand, for purposes of administering benefits under ch.
40 of the Wisconsin Statutes. An electronic copy may be treated as the original.
The rule does provide a different treatment of electronic documents concerning time of receipt. Facsimiles and e-mails may be received even when the Department's offices are closed, unlike other forms of communication.
Beginning in 1997, the DETF has optically imaged participant files to computer instead of retaining paper copies of documents. Since then, for DETF record keeping purposes at least, a facsimile is functionally identical to the original document.
The rule repeals and recreates Wis. Admin. Code s.
ETF 10.82 (2). That provision was originally promulgated in 1995 for the purpose of allowing for documents to be filed via facsimile transmission, in order to preserve the earliest possible date of receipt, and included several additional requirements, including that the original of the document be provided to the DETF within 14 days, so that it could be added to the participant's file for future reference. The rule expressly applied only to forms listed in the rule. The purpose of that 1995 rule-making was to allow a person to “lock in" an earlier date of receipt by DETF than might be possible if the applicant relied only on mail, or other delivery methods that are less immediate than electronic transmission.
The proposed rule is permissive. It does not require the department to accept documents transmitted electronically as originals when there may be doubts about the completeness or authenticity of the document. The department may make inquiries and require additional authentication. The department also retains its strong preference for receipt of certain documents in the original (or by certified copy), such as court orders. However, when authenticity is satisfactorily established, the rule provides the department may even accept court orders by fax or e-mail.
Since the department promulgated its first fax rule in 1995, an occasional question has arisen about whether the rule prohibited receiving documents by facsimile if the document was not specifically listed in the rule, or whether DETF had technically “received" a document at all if it arrived by fax but the sender then deliberately failed to send the original within 14 days. This proposed rule resolves those questions, in large part, by removing the list of permitted documents and minimizing the criteria for deeming a fax or e-mail document as “received" by the department.
Some administrative rules written since 1995 have included specific authorization to receive a particular document by “fax." This proposed rule codifies a general policy, rather than a piecemeal approach, by amending those provisions to fit under the proposed rule.
Summary of, and comparison with, existing or proposed federal regulation:
Public Law 106-229 (June 30, 2000), the federal Electronic Signatures in Global and National Commerce Act, codified at 15 U.S. Code ss. 7001 to 7006, 7021 and 7031, provides that in all transactions in or affecting interstate or foreign commerce, a contract or other record relating to the transaction shall not be denied legal effect merely because it is in electronic form. The federal law generally preempts state laws that require contracts or other records be written, signed, or in non-electronic form and, to at least some extent, requires governmental agencies to use and accept electronic records and electronic signatures with respect to records other than contracts to which the agency is a party. However, the federal law also allows states to instead adopt the Uniform Electronic Transactions Act as approved and recommended for enactment in all the States by the National Conference of Commissioners on Uniform State Laws.
Comparison with rules in adjacent states:
There are numerous administrative code provisions in adjacent states that use the terms “facsimile," “fax," “e-mail" or “electronic mail." A search on one legal database located 880 documents containing such references. For example, the Illinois Secretary of State accepts filings by electronic or facsimile transmission and the date the transmission is received is the receipt date, if the document is acknowledged and accepted. See 2 Illinois Administrative Code s.
570.40. Similar provisions for honoring the time of receipt of a fax can be found in 44 Ill. Adm. Code ss.
1.2005,
500.300,
526.2005, 1100.2005, 1120.2005, 1300.2005, 1400.2505, 1500.2005, 1600.2005 and 2000.2005. Some other Illinois code provisions require a separate acknowledgement of receipt in order to establish the fax was received.
Summary of factual data and analytical methodologies:
The proposed rule is based on DETF experiences with documents received by fax, particularly under the 1995 fax rule codified as s.
ETF 10.82 (2).
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report:
The department relies on the text of proposed rule itself, which affects only the department and persons who elect to communicate with the department by fax or e-mail. The rule applies only to such communications. The vast majority of the communications to and from the Department pertain to the pension and employee fringe benefit plans administered by the Department and benefit determinations concerning particular individuals. The only employers participating in these benefit plans are the state and some local units of government in the state. The rule therefore has no effect on small businesses.
Anticipated costs incurred by private sector:
None.
Effect on small business:
No effect.
Agency contact person name and title:
For questions about the proposed rule, please write or call Robert Weber, Chief Counsel, Department of Employee Trust Funds, P.O. Box 7931, Madison WI 53707. Telephone: (608) 266-5804. Fax: (608) 267-0633. E-mail:
rob.weber@etf.state.wi.us
Place where comments are to be submitted and deadline for submission:
Written comments on the proposed rule may be submitted to Robert Weber, Chief Counsel, Department of Employee Trust Funds, 801 W. Badger Road, P.O. Box 7931, Madison, WI 53707-7931. Written comments must be received at the Department of Employee Trust Funds no later than 4:30 PM on Friday, November 12, 2004.
Initial regulatory flexibility analysis:
The proposed rule has no effect on small businesses.
Fiscal estimate:
The proposed rule has a direct fiscal impact on the Department of Employee Trust Funds, which will need to expand the number of ports available for its fax server in order to handle DETF fax machines not currently connected to the server. DETF is able to verify time of receipt outside of normal working hours only if the fax machine is connected to the fax server. The cost to upgrade to eight (8) fax lines is $2,495. The cost of extended support, to assure one day turnaround in the event of a failure, is an additional $1,495 per year. It is possible that additional telephone lines may also be necessary. Those costs are not included in this estimate. These costs would be administrative expenses borne by the Public Employee Trust Fund, not state funds.
The proposed rule generates no revenues for unit of government. It has no effect on the fiscal liabilities of the state or of any county, city, village, town, school district, technical college district or sewerage district.
Free copies of proposed rule:
Copies of this rule are available without cost by making a request to the Department of Employee Trust Funds, Office of the Secretary, P.O. Box 7931, Madison, Wisconsin 53707-7931, telephone (608) 266-1071.
Notice of Hearings
(revised from 9-30-04 Register)
Natural Resources
Environmental Protection—Water Regulation, Chs. NR 300—
NOTICE IS HEREBY GIVEN that pursuant to ss.
30.12 (1),
(1p) and
(3) (br),
30.13 (1) and
(1m),
30.206 and
227.11 (2), Stats., interpreting ss.
30.12 (1),
(1g) (a),
(b),
(e) and
(f),
(1p),
(3) and
(3m),
30.13 (1) and
(1m),
30.20 (1g) (b) 2. and
30.206, Stats., the Department of Natural Resources will hold public hearings on revisions to ch.
NR 326, Wis. Adm. Code, relating to regulation of piers, wharves, boat shelters, boat hoists, boat lifts and swimming rafts in navigable waterways. The proposed rule will implement
2003 Wisconsin Act 118 by establishing construction, design and placement standards for projects to be eligible for statutory exemptions, establishing general permits and establishing standards for projects that may be authorized under an individual permit. The proposed rule defines and describes design standards to qualify for exemptions for piers, wharves, seasonal boat shelters, boat hoists, boat lifts and swimming rafts. The rule establishes general permits for preexisting piers and permanent boat shelters which meet certain conditions, and establishes standards for specific individual permits for piers. Department staff will work with stakeholders prior to public hearing to develop more specific standards for marinas, and identify any other general or individual permits that may be appropriate.
NOTICE IS HEREBY FURTHER GIVEN that the Department will also be seeking comments on an alternative to the Department's proposed rule that was developed by a citizen stakeholder group. A copy of this alternative rule will be available no later than October 8, 2004.
Initial regulatory flexibility analysis:
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: Pier and building contractors, commercial marinas and other waterfront businesses along public navigable waterways will be affected by the rule revisions.
b. Description of reporting and bookkeeping procedures required: The person responsible for a project in or along a lake or stream must develop plans and occasionally conduct some analyses, submit an application, and observe the site during construction. For some activities, photographs of the completed project are required.
c. Description of professional skills required: Map reading, basic computer use, mathematics, drawing to scale, and clear writing.
While it may be helpful or efficient, hiring a consulting firm is not necessary to comply with these requirements. Many projects are planned and conducted by individuals with no professional background. If the site has particularly challenging features, such as steep slopes, erosive soils, highly variable features or if the intensity of neighboring uses are likely to create controversy, then professional ecological or engineering expertise may be helpful.
The Department's Small Business Regulatory Coordinator may be contacted at: SmallBusinessReg.Coordinator@dnr.
state.wi.us or by calling (608) 266-1959.
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 Department will hold an open house from 4:00 p.m. to 6:00 p.m. prior to the hearings in Green Bay, Eau Claire, Tomahawk, Hayward and Waukesha and from 10:00 to noon in Madison. Department staff will be available to answer questions regarding the proposed rules.
NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:
Monday, November 1, 2004 at 6:00 p.m.
Video conference participation will be available between:
Manufacturing Educ. Center
Chippewa Valley Tech. College Gateway Campus
2320 Alpine Road
Eau Claire
MAC137, Instructional Services Building
UW-Green Bay, 2420 Nicolet Drive
Green Bay
Wednesday, November 3, 2004 at 6:00 p.m.
Banquet Room, Comfort Inn and Conference Center
1738 Comfort Drive
Tomahawk
Thursday, November 4, 2004 at 6:00 p.m.
County Board Room, Sawyer Co. Courthouse
10610 Main Street
Hayward
Tuesday, November 9, 2004 at 6:00 p.m.
Room 151, State Office Building
141 NW Barstow Street
Waukesha
Wednesday, November 10, 2004 at 12:00 p.m.
Room 027, 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 Roberta Lund at (608) 266-2220 with specific information on your request at least 10 days before the date of the scheduled hearing.
Submittal of comments and copy of proposed rules:
The Department's proposed rule and the stakeholder proposed rule may be reviewed and comments electronically submitted at the following Internet site: http://adminrules. wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. Mail to Ms. Liesa Lehmann, Bureau of Fisheries Management and Habitat Protection, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until December 1, 2004. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings. A personal copy of the proposed rule and fiscal estimate may be obtained from Ms. Roberta Lund, Bureau of Fisheries Management and Habitat Protection, P.O. Box 7921, Madison, WI 53707.
Fiscal Estimate
Most of the permitting activities covered by this administrative rule remain unchanged in terms of the workload required by Department staff and revenues generated by required permits. The exception is for permanent boat shelter permits, which were issued on an individual permit basis prior to Act 118, and will be issued as general permits under this proposed administrative rule. The net fiscal impact is estimated to be a workload decrease of about 95 hours/year, which equates to about $2,000 in salary and fringe benefits, and a revenue decrease of about $4,800/year.
Overall, the full implementation of Act 118 and its multiple related rules is not expected to have a major impact on DNR water permit revenues or workload.
The Department's proposed rule and the stakeholder proposed rule may be reviewed and comments electronically submitted at the following Internet site:
http://adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. Mail to Ms. Liesa Lehmann, Bureau of Fisheries Management and Habitat Protection, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until December 1, 2004. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings. A personal copy of the proposed rule and fiscal estimate may be obtained from Ms. Roberta Lund, Bureau of Fisheries Management and Habitat Protection, P.O. Box 7921, Madison, WI 53707.
Notice of Hearings
Natural Resources
Environmental Protection—Air Pollution Control, Chs. NR 400—
[CR 04-106]
(Reprinted from 9-30-04 Register)
NOTICE IS HEREBY GIVEN that pursuant to ss.
227.11 (2) (a),
285.11 (1),
(6) and
(17),
285.60 (6) and
285.69 (1), Stats., interpreting ss.
285.11 (6) and
(17),
285.60 and
285.61, Stats., the Department of Natural Resources will hold public hearings on revisions to chs.
NR 400,
406,
407 and
410, Wis. Adm. Code, relating to providing the interface of the state air permitting programs with federal changes to the air permitting program. The State Implementation Plan developed under s.
285.11 (6), Stats., will also be revised. On December 31, 2002, the U.S. Environmental Protection Agency published regulations that significantly changed the way new and modified sources of air pollution are permitted. Changes necessary to implement the federal program cannot be fully utilized unless additional changes are made to the state construction and operation permitting regulations. The proposed rule revisions have been designed to take full advantage of the flexibility made available under the proposed changes that adopt the federal air permitting revisions without compromising on Department or public opportunity for review. The proposed rule revisions are intended to provide flexibility to stationary sources utilizing the permit applicability exclusions provided within the federal rule changes.
Currently, all emission limitations and specific conditions that are contained within a construction permit are considered federally enforceable because there is no mechanism within the construction permit program to identify “state-only" requirements whose underlying authority does not rest within Wisconsin's State Implementation Plan. These rule revisions will enable Wisconsin to identify requirements as “state-only" conditions in construction permits where the underlying rule has not been submitted to U.S. Environmental Protection Agency for inclusion in the State Implementation Plan and thus not intended to be federally enforceable, or is not required by federal law.
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. The Department's Small Business Regulatory Coordinator may be contacted at:
SmallBusinessReg.Coordinator@dnr.state.wi.us or by calling (608) 266-1959.
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:
Tuesday, October 26, 2004 at 1:00 p.m.
Room 124A & B, State Office Building
1681 Second Ave. South
Wisconsin Rapids
Thursday, October 28, 2004 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 Bob Eckdale at (608) 266-2856 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
Proposed revisions to chs.
NR 405 and
408, Wis. Adm. Code, titled “Prevention of Significant Deterioration" (PSD) and “Construction Permits for direct major sources in nonattainment areas" (NSR) respectively, provides revisions to the permitting requirements for major sources and major modifications to major sources. The revised changes, contained in Board Order AM-06-04, have been initiated due to changes in the federal versions of this permitting program. These revisions have been made with the intention of reducing applicability of the program and the administrative burden associated with permitting without sacrificing environmental quality.
Because these rule revisions will reduce the number of PSD/NSR permits that the department will process annually, revenues from the completion of these permits will be lost. Based upon 2002 permitting efforts, the department estimates this lost revenue to be $480,000 annually. Increasing minor source permitting efforts and exemption reviews, may result due to less regulatory burden, the department estimates that this increasing level would equal $140,000 based upon proposed review fees included in the proposed rule revisions.
The department estimates that although these revisions will reduce the number of projects that would be subject to permitting under the PSD/NSR program , the department will be required to spend resources conducting complex applicability determinations and preparing exclusions from the PSD/NSR program under the options provided for in the rule revisions. These exclusions will be labor intensive on the front end in order to ultimately provide regulatory relief. It is estimated that any time that would have been available as a result of the reduced number of PSD/NSR permit applications will be spent responding to requests for applicability determinations or in preparing exclusionary documents for sources taking advantage of the exclusionary options. The department estimates that the costs to prepare these exclusionary documents will equal or exceed the costs of preparing PSD/NSR permits, and but may be possible to absorb within the agency's budget. These fiscal impacts were reported in the Fiscal Estimate prepared for Natural Resources Board Order AM-06-04. Fiscal impacts associated with this proposed rule will not go beyond those estimated under Order AM-06-04. Thus no additional fiscal impacts are expected.
Long range fiscal implications: As a result of the revisions, fewer projects will be reviewed each year under federal air permit provisions resulting in lost program revenue, a portion of which may be reacquired by additional applications for state construction permits.
Submittal of comments and copy of proposed rules
The proposed rule may be reviewed and comments electronically submitted at the following Internet site:
http://adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. Mail to Jeff Hanson, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until November 1, 2004. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings. A personal copy of the proposed rule and fiscal estimate may be obtained by writing Proposed Rules, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707 or by calling (608) 266-7718.
Notice of Hearings
Natural Resources
Environmental Protection—Air Pollution Control, Chs. NR 400—
[
CR 04-107]
(Reprinted from 9-30-04 Register)
NOTICE IS HEREBY GIVEN that pursuant to ss.
227.11 (2) (a),
285.11 (1) and
(6),
285.60 (2g),
(3) and
(6) and
285.69 (1), Stats., interpreting ss.
285.11 (6),
285.60 (2g) and
(3),
285.61 and
285.62, Stats., the Department of Natural Resources will hold public hearings on revisions to chs.
NR 400,
406,
407 and
410, Wis. Adm. Code, relating to implementing general and registration air permit programs required by
2003 Wisconsin Act 118. The State Implementation Plan developed under s.
285.11 (6), Stats., will also be revised. The proposed rule revision establishes criteria and procedures for the issuance of general and registration air permits. These rules are intended to provide industry and the Department with a streamlined approach to permitting low emitting sources or categories of similar sources. Sources that are eligible for and which choose to take advantage of a general or registration permit would complete a simplified permit application form. General and registration permits would already have been completed by the Department for the targeted sources or source categories using permit language that is standard for the sources to be covered by the permit. This process will provide greater certainty, flexibility and timeliness to the permitting process.
The proposed rule establishes the general framework for these permits by setting implementation criteria. Specific permit criteria will be developed during permit preparation of sources that could be regulated by registration or general permits include those that have actual emissions significantly lower than federal major source thresholds, nonmetallic mineral processing plants, asphalt plants, small natural gas fired generators, digestors, small heating units, printing presses and hospital sterilization equipment.
Also included in this proposed rule is a minor change to clarify the permit exemption criteria for grain processing and grain storage facilities. This clarification is necessary to ensure that column dryers and rack dryers are included in the exemption criteria, as was intended in the original rule development. Included in this package as well is a minor technical change to provide correct references to the recently updated ch.
NR 445 which was inadvertently omitted in the processing of that rule package.
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. The Department's Small Business Regulatory Coordinator may be contacted at:
SmallBusinessReg.Coordinator@dnr.state.wi.us or by calling (608) 266-1959.
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:
Thursday, October 28, 2004 at 3:00 p.m.
Room 511, GEF #2
101 South Webster Street
Madison
Wednesday, November 3, 2004 at 1:00 p.m.
Room 141, DNR SE Region Hdqrs.
2300 N. Dr. Martin Luther King Jr., Drive
Milwaukee
Thursday, November 4, 2004 at 1:00 p.m.
Schmeekle Room, UW-Stevens Point
2419 North Point Drive
Stevens Point
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 Bob Eckdale at (608) 266-2856 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
The use of general and registration permits will result in reduced programmatic costs in the long run. While the Department will spend resources similar to that of a standard permit review to prepare a general permit or a registration permit, the resulting product will be used to regulate several similar sources resulting in lower costs associated with review of permit applications.
It is anticipated that approximately 50 registration permits and 50 general permits will be issued for new construction annually. Under proposed fees for these projects, the department would see $155,000 in additional revenue. If these projects were required to undergo the traditional permit route, the Department would garner approximately $500,000 in permit fees for these projects. Although the registration and general permit programs will result in less administrative burden for regulated facilities, the department will incur the costs of implementing the program and developing permits for use under these programs. Thus, these programs are not expected to change the department's need for permitting resources.
The proposed rule may be reviewed and comments electronically submitted at the following Internet site:
http://adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. Mail to Jeff Hanson, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until November 5, 2004. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings. A personal copy of the proposed rule and fiscal estimate may be obtained by writing Proposed Rules, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707 or by calling (608) 266-7718.
Notice of Hearings
Natural Resources
Environmental Protection—Air Pollution Control, Chs. NR 400—
NOTICE IS HEREBY GIVEN that pursuant to s.
285.69 (3), Stats., interpreting s.
285.69 (3), Stats., the Department of Natural Resources will hold public hearings on revisions to chs.
NR 406 and
410, Wis. Adm. Code, relating to asbestos permit exemption fees and inspection fees and a program for recovering the exact costs of laboratory fees for sample analysis for the asbestos program. The State Implementation Plan developed under s.
285.11 (6), Stats., will also be revised. Section
NR 410.05 explains the scenarios in which a fee is charged with the Notification of Intent to Demolish and Renovate required in ch.
NR 447. The current language establishes three fees based on the amount of friable asbestos containing material that will be involved in the scope of the project. This order modifies ch.
NR 410 by increasing the inspection fee amounts that can be collected, as well as adding a new level in which inspection fees can be charged. This order also revises language in chs.
NR 406 and
410 that is inconsistent with ch.
NR 447. Finally, the proposed rule creates the ability to charge the costs of laboratory analysis for samples taken at nonresidential demolition and renovation projects.
Initial regulatory flexibility analysis
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s.
227.114, Stats., the proposed rules may have an impact on small businesses. The initial regulatory flexibility analysis is as follows:
a. Types of small businesses affected: Building owners, asbestos abatement contractors, demolition contractors and environmental consultants.
b. Description of reporting and bookkeeping procedures required: No additional compliance or reporting requirements are required.
c. Description of professional skills required: No additional skills are required.
The Department's Small Business Regulatory Coordinator may be contacted at: SmallBusinessReg.Coordinator@dnr. state.wi.us or by calling (608) 266-1959.
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:
Wednesday, October 13, 2004 at 11:30 a.m.
Room 139, DNR SE Region Hdqrs.
2300 N. Dr. Martin Luther King, Jr. Drive
Milwaukee
Thursday, October 14, 2004 at 11:30 a.m.
Prairie Room, Portage County Library
1001 Main Street
Stevens Point
Friday, October 15, 2004 at 11:30 a.m.
Room 349, GEF #3
125 South Webster Street
Madison
Thursday, October 28, 2004 at 11:30 a.m.
Room 774B, 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 Bob Eckdale at (608) 266-2856 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
1. The Department 's existing asbestos program oversees ch.
NR 447, Control of Asbestos Emissions.
2003 Wisconsin Act 33 provided for an increase and fee cap to the combination of abatement project permit exemption review and inspection fees that are collected through s. NR 410. 05. Act 33 also created a provision for responsible owners or operators to pay for actual costs of lab analysis of samples collected by the Department for non-residential asbestos demolition and renovation projects. The system for billing the responsible owner/operator will not cause any increase in state costs in modifying existing billing systems for either the Department or the Department's Laboratory, the State Lab of Hygiene's Wisconsin Occupational Health Laboratory (WOHL). The WOHL indirect rate for sample analysis costs includes the costs for billing owners/operators.
2. Governmental fire departments may see the increase in the combination of permit exemption and inspection fees for conducting fire training burns on existing structures that are part of a commercial or other development project. Existing fees are already charged to fire departments. In June 1995, the fees required in the asbestos regulations were waived for residential-type dwelling units or structures used for legitimate fire department training burns that are not part of a commercial or other developmental project. As a result, currently less than 5% of the fire training burn projects are required to submit a fee. Schools and sewerage districts having renovation or demolition work will also be charged the fee increase based on the amount of asbestos abated. Fees for both governmental fire departments and schools will depend also on the amount of regulated asbestos abatement projects that occur within a given year.
3. Small business owners fee increases will depend on the amount of regulated asbestos and the amount of abatement projects that they have within a given year. Typically, asbestos abatement companies pay the fees as operators for the owner and pass on these costs in the overall bill to the property owner. Overall, the margin of profit for operators may decrease on small asbestos abatement projects as a result of the fee increase.
Long-range fiscal implications. It is estimated that asbestos fee revenues will remain stable due to the presence of asbestos in buildings and increase in building recycling.
Submittal of comments and copy of proposed rules:
The proposed rule may be reviewed and comments electronically submitted at the following Internet site:
http://adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. Mail to Nathan Luedke, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until November 1, 2004. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings. A personal copy of the proposed rule and fiscal estimate may be obtained by writing Proposed Rules, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707 or by calling (608) 266-7718.
