Rule-Making Notices (Hearing Notices)

Fiscal Impact

There is no fiscal impact on state or local governments.

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 at:

Tuesday, June 21, 2005 at 11:00 a.m.

Room 413, 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 information material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Robert Park at [phone] with specific information on your request at least 10 days before the date of the scheduled hearing.

The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site: adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. mail to Mr. Eric Mosher, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until July 1, 2005. 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 Mr. Mosher.

Notice of Hearing

Natural Resources

[CR 05-040]
(Environmental Protection - Air Pollution Control)

NOTICE IS HEREBY GIVEN that pursuant to ss. 227.11 (2) (a) and 285.11 (1), Stats., interpreting s. 285.11 (6), Stats., the Department of Natural Resources will hold a public hearing on revisions to chs. NR 460, 465 and 484, Wis. Adm. Code, relating to national emission standards for hazardous air pollutants (NESHAP) for the surface coating of plastic parts and products and of miscellaneous metal parts and products.

The proposed rules will regulate the emissions of hazardous air pollutants from major sources of federal hazardous air pollutants which perform surface coating of miscellaneous metal parts and products or surface coating of plastic parts and products. Coating operations, including the use of thinners and cleaning materials are addressed by the proposed rules. Under the proposed plastic parts rule, emission limits are specified as pounds of organic hazardous air pollutants emitted per pound of coating solids used during each 12-month compliance period. Under the proposed miscellaneous metal parts rule, emission limits are specified as pounds of organic hazardous air pollutants emitted per gallon of coating solids used during each 12-month compliance period. Three compliance options are provided in each rule. These are the compliant material option, the emission rate without add-on controls option and the emission rate with add-on controls options.

Under the surface coating of plastic parts and products rule, existing affected sources have until April 19, 2007 to achieve compliance. New or reconstructed affected sources must achieve compliance by the later of April 19, 2004 or the date of initial startup. Under the surface coating of miscellaneous metal parts and products rule, existing affected sources have until January 2, 2007 to achieve compliance. New or reconstructed affected sources must achieve compliance by the later of January 2, 2004 or the date of initial startup. Sources have until their final compliance date to reduce hazardous air pollutant emissions below the major source level and thereby avoid the rule. Sources may also become a synthetic minor hazardous air pollutant source to avoid the rule by obtaining and complying with a federally enforceable permit prior to the final compliance date that restrict hazardous air pollutant emissions.

The proposed rules are identical to the federal NESHAP, except for punctuation, capitalization, numbering and nonsubstantive wording and the organizational changes made to accommodate state rule form and style requirements and, in some cases, to improve clarity.

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:
[e-mail] or by calling [phone].

Fiscal Impact

There is no significant fiscal impact on state or local government entities.

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 at:

Tuesday, June 21, 2005 at 11:00 a.m.

Room 413, 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 information material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Robert Park at [phone] with specific information on your request at least 10 days before the date of the scheduled hearing.

The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site: adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. mail to Mr. Eric Mosher, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until July 1, 2005. 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 Mr. Mosher.

Notice of Hearing

Workforce Development
(Labor Standards)

NOTICE IS HEREBY GIVEN that pursuant to Sections 104.04 and 227.11, Stats., the Department of Workforce Development will hold a public hearing to consider emergency and proposed permanent rules relating to increasing Wisconsin's minimum wages.

Hearing Information

Tuesday, June 14, 2005 @ 10:00 a.m.

Madison

G.E.F. 1 Building, Room H305

201 E. Washington Avenue

Interested persons are invited to appear at the hearings and will be afforded the opportunity to make an oral presentation of their positions. Persons making oral presentations are requested to submit their facts, views, and suggested rewording in writing.

Visitors to the GEF 1 building are requested to enter through the left East Washington Avenue door and register with the customer service desk. The entrance is wheelchair accessible via a ramp from the corner of Webster Street and East Washington Avenue. If you have special needs or circumstances regarding communication or accessibility at the hearing, please call [phone] at least 10 days prior to the hearing date. Accommodations such as ASL interpreters, English translators, or materials in audiotape format will be made available on request to the fullest extent possible.

Analysis Prepared by the Department of Workforce Development

Statutory authority: Sections 104.04 and 227.11, Stats.

Statutes interpreted: Chapter 104, Stats.

Wisconsin needs a minimum wage increase

Creating good paying jobs and a “high end" economy is a top priority for Governor Jim Doyle's administration. A key focus of the Governor's Grow Wisconsin economic development plan is investing in people and helping families climb the economic ladder. One of the most important initiatives in the Governor's plan is raising the state minimum wage. Such an increase ensures that Wisconsin's lowest wage workers will share in the benefits of economic growth as Wisconsin's economy moves forward.

This is a critical time for Wisconsin to support low-wage workers by increasing the minimum wage. It has been nearly 8 years since the federal minimum wage has been increased, and in 2005 it will fall to its lowest inflation-adjusted value of all time. The buying power of the federal minimum wage in 1970 equaled about $8.00 in 2004 dollars. Given the declining value of the minimum wage and the lack of federal action to increase it, 16 other states have already enacted minimum wages above the federal level.

When wages are so low that workers and their families can't afford their most basic needs, the costs that society, particularly taxpayers, must bear related to poverty are so insidious that anything that helps divert those expenses back to the consumers of the services provided by those low-wage workers is worthwhile. Educational failure, workforce failure, citizenship failure can very often be traced back to families forced to live in poverty. An adequate minimum wage supports workers, helps strengthen families and communities, and promotes the state's overall economic and fiscal health. Family-supporting wages reduce dependence on the state and increase tax revenue from these families, decreasing the burden on Wisconsin's taxpayers.

It is estimated that 200,000 workers will be affected by Wisconsin's minimum wage increase. Many of these workers are adults and a larger than proportionate share are minorities. Putting more money in the hand of these low-wage workers will result in $175 million in consumer expenditures in Wisconsin's economy. Low-wage workers spend nearly their entire income in the local economy on basics. This spending stimulates the local economy and benefits local businesses because spending is concentrated locally on food, clothing, shelter, and transportation. Most studies considering a potential negative effect on employment opportunities available to low-wage workers as a result of a moderate minimum wage increase show little to no effect, although both advocates and opponents are able to produce studies supporting their side of the issue.

Minimum wage increases

Chapter 104, Stats., and Chapter DWD 272 provide that Wisconsin's minimum wage should be sufficient to enable the employee receiving it to maintain himself or herself under conditions consistent with his or her reasonable comfort, physical well-being, decency, and moral well-being. Section 104.04, Stats., directs the Department of Workforce Development to determine the state's minimum wage taking into consideration the effect of the wage on the economy of the state, including employment opportunities for low-wage workers and regional economic conditions within the state.

In January 2004, Governor Doyle and the Department of Workforce Development convened a Minimum Wage Advisory Council to assist with determining whether there should be an increase in Wisconsin's minimum wage. The Council included leaders from the business community, labor organizations, community organizations, and both houses of the legislature. The Department's Office of Economic Advisors provided the Advisory Council with data from the U.S. Census; Current Population Survey; and the U.S. Department of Labor, Bureau of Labor Statistics, Occupational Employment Statistics. The council issued its recommendations in March 2004.

Taking into consideration the Council's recommendations, the Department orders and proposes the following increases:

General minimum wage rate

•$5.70/hour effective 6/1/05 (currently $5.15/hour)

•$6.50/hour effective 6/1/06

Minor minimum wage rate

• $5.30/hour effective 6/1/05 (currently same as adult rate $5.15/hour)

• $5.90/hour effective 6/1/06

Opportunity minimum wage rate

• $5.30/hour effective 6/1/05 (currently $4.25/hour)

• $5.90/hour effective 6/1/06

Agriculture minimum wage rate for workers age 18 and over

$5.15/hour effective 6/1/05 (currently $4.05/hour)

Agricultural minimum wage rate for workers age 17 and under

$4.25/hour effective 6/1/05 (currently $3.70/hour)

Camp counselor minimum wage rate for workers age 18 and over

If no room or board provided (currently $140/week)

$215/week effective 6/1/05, $270/week effective 6/1/06, and $315/week effective 6/1/07

If board provided (currently $110/week)

$164/week effective 6/1/05, $217/week effective 6/1/06, and $240/week effective 6/1/07

If room and board provided (currently $91/week)

$129/week effective 6/1/05, $171/week effective 6/1/06, and $189/week effective 6/1/07

Camp counselor minimum wage rate for workers age 17 and under

If no room or board provided (currently $123/week)

$175/week effective 6/1/05, $225/week effective 6/1/06, and $275 effective 6/1/07

If board provided (currently $92/week)

$133/week effective 6/1/05, $171/week effective 6/1/06, and $209 effective 6/1/07

If room and board provided (currently $74/week)

$105/week effective 6/1/05, $135/week effective 6/1/06, and $165 effective 6/1/07

Golf caddy minimum wage rate

$10.50 for 18 holes effective 6/1/05 (currently $5.95)

$5.90 for 9 holes effective 6/1/05 (currently $3.35)

Effect of minimum wage increases on Wisconsin's economy

The Department of Workforce Development estimates that 200,000 workers will be affected by the minimum wage increases.

First increase – June 1, 2005. The first increase in the minimum wage from $5.15 to $5.70 per hour is estimated to directly affect the wages of 50,000 hourly paid workers currently earning at or below $5.15 per hour, plus an additional 75,000 hourly paid workers currently earning between $5.16 and $5.69 per hour. Thus, the total number of workers directly affected by this first wage increase is estimated to be 125,000 hourly paid workers.

This first increase to $5.70 per hour will also result in wage compression among those who had previously earned slightly higher hourly wages than the new minimum wage. It is estimated that approximately 50,000 workers who earn between $5.70 and $6.50 per hour could be indirectly affected and receive wage increases as a result of this first minimum wage increase.

Second increase – June 1, 2006. The second increase in the minimum wage from $5.70 to $6.50 will directly affect the hourly wages of an estimated 150,000 workers who would at that time be earning at or below $6.50 per hour. The Department estimates that another 50,000 workers earning at or higher than $6.50 to a cap of about $7.00 per hour will also see their hourly wages indirectly rise due to resultant wage compression.

Industries and occupations. The majority of workers affected by the wage increase are in food preparation and serving related occupations and in personal care and services occupations. The vast majority of these workers are employed in the broad leisure and hospitality sector, which includes the food and accommodation industry. Retail trade employment also shows moderately higher than average number of minimum wage workers.

Workers affected by the wage increases include food service workers, retail clerks, cleaning and housekeeping laborers, personal care attendants, child care workers, telemarketers, laundry and dry cleaning workers, veterinary assistants, home health care aides, office workers, gaming change and booth cashiers, building and grounds maintenance laborers, and many other occupations in virtually all industries in the state.

Demographics of affected workers. It is estimated that nearly 80% of these low-wage workers are over 18 years of age, 65% are female, and over one-third are heads of their household. These workers are African-American, Hispanic, and Asian in numbers larger than their proportion in the population. Over two-thirds of these low-wage workers work more than half-time:

30% work 1-19 hours per week