Rule-making notices
Notice of Hearing
Agriculture, Trade and Consumer Protection
(Reprinted from Mid-July 2005 Register)
The State of Wisconsin Department of Agriculture, Trade and Consumer Protection announces that it will hold public hearings on a proposed amendment to chs.
ATCP 99,
100 and
101, Wis. Adm. Code, relating to Agricultural Producer Security. The hearings will be held at the times and places shown below. The department invites the public to attend the hearings and comment on the proposed rule. Following the public hearing, the hearing record will remain open until
August 30, 2005, for additional written comments.
Hearing Dates and Locations
Wednesday, August 10, 2005
10:30 a.m. to 12:30 p.m.
DATCP Northwest Regional Office
Conference Room
3610 Oakwood Hills Pkwy.
Eau Claire, WI 54701-7754
Handicapped accessible.
Friday, August 12, 2005
10:30 a.m. to 12:30 p.m.
DATCP Headquarters (Prairie Oak State Office Building)
Board Room (CR-106)
2811 Agriculture Drive
Madison, Wisconsin, 53718-6777
Handicapped accessible.
Tuesday, August 16, 2005
10:30 a.m. to 12:30 p.m.
DATCP Northeast Regional Office
Room 152A
200 N Jefferson Street
Green Bay, Wisconsin, 54301
Handicapped accessible.
Hearing impaired persons may request an interpreter for these hearings. Please make reservations for a hearing interpreter by August 1, 2005, by writing to Kevin LeRoy, Division of Trade and Consumer Protection, P.O. Box 8911, Madison, WI 53708-8911, telephone (608) 224-4928. Alternatively, you may contact the Department TDD at (608) 224-5058. Handicap access is available at the hearings.
Written Comments and Copies of Rule
Written comments should be sent to the Wisconsin Department of Agriculture, Trade and Consumer Protection, Division of Trade and Consumer Protection attention Kevin LeRoy, 2811 Agriculture Drive, P.O. Box 8911, Madison WI 53708. Written comments can be submitted via email to
kevin.leroy@datcp.state.wi.us.
You may obtain a free copy of this rule by contacting the Wisconsin Department of Agriculture, Trade and Consumer Protection, Division of Trade and Consumer Protection, 2811 Agriculture Drive, P.O. Box 8911, Madison, WI 53708. You can also obtain a copy by calling (608) 224-4928 or emailing
kevin.leroy@datcp.state.wi.us. Copies will also be available at the hearings. To view the proposed rule online, go to:
https://apps4.dhfs.state.wi.us/admrules/public/Home
Analysis Prepared by the Dept. of Agriculture, Trade and Consumer Protection
Statutes interpreted: Chapter
126, Stats.
The Department of Agriculture, Trade and Consumer Protection (“DATCP") administers the agricultural producer security program under ch.
126, Stats. DATCP has broad general authority, under s.
93.07 (1), Stats., to adopt rules related to programs under its jurisdiction. DATCP has specific authority under ch.
126, Stats., to adopt rules for the agricultural producer security program.
This rule modifies current rules related to the agricultural producer security program under ch.
126, Stats. The program is designed to protect agricultural producers from catastrophic financial defaults by grain dealers, grain warehouse keepers, milk contractors and vegetable contractors (collectively referred to as “contractors") who procure agricultural commodities from producers.
This rule does all of the following:
• It permits a licensed contractor
s to file voluntary security for the benefit of producers if the contractor's estimated default exposure exceeds the maximum amount payable from the Wisconsin agricultural producer security fund. A contractor who files voluntary security may pay lower fund assessments and make more favorable disclosures to producers. A voluntary security filing does not relieve a contractor of any other duty to file security or pay fund assessments.
• It changes and simplifies the disclosures that contractors must give to producers.
• It clarifies current grain warehouse keeper record keeping requirements.
Background. Under current law, contractors must be licensed by DATCP. Most contractors must contribute to an agricultural producer security fund (the “fund"). Fund assessments are based on contractor size, financial condition and risk practices. If a contributing contractor defaults, DATCP will pay producers out of the fund. The total payment may not exceed 60% of the fund balance at the time of default (the current fund balance is approximately $5.5 million).
The current fund capacity is adequate to cover most, but not all, potential defaults by contributing contractors. Some large contractors have an “estimated default exposure" that exceeds current fund capacity (in some cases, by a very large amount). Some of these contractors are currently required to file security to cover at least part of the difference, but others are not (DATCP lacks statutory authority to require security filings for some of the contractors).
Voluntary Security. Under this rule, a licensed contractor may file voluntary security with DATCP if the contractor's estimated default exposure exceeds the maximum amount payable from the fund (this rule does not change current mandatory security filing requirements). A contractor who files security with DATCP may pay lower fund assessments and make more favorable disclosures to producers.
Reduced Fund Assessment. Under current rules, certain contractors who file security with DATCP are entitled to a reduction in their annual fund assessments (current rules specify the amount of the reduction). Under this rule, certain contractors who file security with DATCP (required or voluntary) may pay reduced fund assessments if their “estimated default exposure" is equal to or less than the sum of the following:
• The maximum amount payable from the fund, if the contractor defaults.
• The total amount of security (required or voluntary) filed by the contractor.
Disclosures to Producers. Under current rules, a contractor must periodically disclose to producers the contractor's license, security and fund contribution status. The current rules specify the exact language that contractors must use. The disclosures are intended to help producers assess the degree of financial risk involved in dealing with any particular contractor. The current disclosures are rather complex, and in some cases overstate the amount of security coverage afforded to producers.
This rule changes and simplifies the current disclosure requirements. This rule, like the current rules, specifies the exact language to be used. Disclosure requirements vary slightly between grain, milk and vegetable contractors, because of differences in the security program for each industry. But for all contractors, the disclosure alternatives are basically as follows:
• If the contractor's “estimated default exposure" is equal to or less than the amount of fund coverage and security on file, the disclosure states that the security program may provide full compensation for producers if the contractor defaults (subject to statutory limits).
• If the contractor's “estimated default exposure" is greater than the amount of fund coverage and security on file, the disclosure states that the security program may provide some compensation for producers if the contractor defaults. But compensation may cover only a fraction of a producer's loss.
• If the contractor does not contribute to the fund or file any security with DATCP, the disclosure states that the security program will provide no compensation to producers if the contractor defaults.
Definition of “Affiliate". Under current rules, contractor financial statements must disclose accounts and notes payable from “affiliates." These accounts and notes are excluded from the balance sheet before financial ratios are calculated. An “affiliate" is currently defined as an owner, major stockholder, partner, officer, director, member, employee or agent (or a person owned, controlled or operated by one of those persons). This rule clarifies an “affiliate" also includes any other person who has significant control or influence over the contractor.
Grain Warehouse Records. This rule clarifies current grain warehouse record keeping requirements. Under current law, warehouse keepers must keep “daily position" records related to grain in storage. This rule clarifies that daily position records must identify all grain kept by the warehouse keeper, whether in licensed or unlicensed storage. Records must clearly distinguish between grain owned by the warehouse keeper and that held for others. Records must also show the amount of grain entering and leaving storage each day. Records must be based on individual grain transaction records required under current law.
Fiscal Impact
This rule will have no significant fiscal impact on DATCP or local government.
Business Impact
This rule will affect agricultural producers, grain dealers, grain warehouse keepers, milk contractors and vegetable contractors. Many of these businesses are small businesses.
This rule will have a minimal impact on most affected businesses, and effects will be positive in many cases (especially for agricultural producers). The Wisconsin legislature has spelled out detailed statutory requirements for grain dealers, grain warehouse keepers, milk contractors and vegetable contractors (ch.
126, Stats.). DATCP has limited authority to change these requirements by rule.
This rule will make minor changes to current rules. Among other things, this rule:
• Allows licensed contractors to file voluntary security (it does not change current mandatory security requirements).
• Allows some contractors to pay reduced fund assessments.
• Changes and simplifies current contractor disclosures to producers. In some cases, current disclosures overstate the amount of security coverage afforded to producers. Some contractors may incur one-time costs to change their disclosure forms.
• Clarifies current grain warehouse record keeping requirements (this rule does not add major new record keeping requirements).
This rule will not have a significant adverse economic impact on small business. Therefore, it is not subject to the delayed small business effective date provision in s.
227.22 (2) (e), Stats.
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.
Wisconsin's Security Program
Wisconsin has an agricultural producer security program for grain, milk and vegetables. The Wisconsin legislature has spelled out detailed statutory requirements for grain dealers, grain warehouse keepers, milk contractors and vegetable contractors (ch.
126, Stats.). Contractors must be licensed by DATCP, and most contractors must contribute to an agricultural producer security fund administered by DATCP. A few contractors must also file security with DATCP.
Federal Programs
There is no federal producer security program related to milk. The U.S. department of agriculture (USDA) administers a producer security program for federally licensed grain warehouses that store grain for producers. Grain warehouses may choose whether to be licensed under state or federal law. Federally-licensed warehouses are exempt from state warehouse licensing and security requirements. State-licensed warehouses are likewise exempt from federal requirements.
The federal grain warehouse program provides little or no protection against financial defaults by grain dealers. Grain dealers are persons who buy and sell grain. Sometimes, grain dealers also operate grain warehouses. DATCP currently licenses grain dealers. Licensed warehouse keepers must also hold a state grain dealer license if they engage in grain dealing.
USDA proposes to regulate grain dealer activities (grain “merchandising") by federally licensed warehouse keepers, to the exclusion of state regulation. But USDA has not yet finalized its regulations. In any case, the federal regulations would not apply to state-licensed grain warehouses, or to grain dealers who do not operate a warehouse.
There is a federal security program for vegetables. This security program is mainly limited to fresh market vegetables, and consists of a priority lien against vegetable-related assets. Wisconsin's vegetable security program applies only to processing vegetables (not fresh market vegetables covered by federal regulations). There may be some limited overlap between the Wisconsin and federal programs (the overlap may be justified because the scope of federal coverage is not entirely clear).
State Comparisons
In Minnesota, contractors must be licensed to procure grain, milk or processing vegetables from producers, or to operate grain warehouses. Regulated contractors must file bonds as security against default.
Neither Iowa nor Illinois have producer security programs for milk or vegetables. However, both states maintain indemnity funds to protect grain producers. Fund assessments are based solely on grain volume. In Wisconsin, by contrast, fund assessments are based on grain volume and financial condition.
Michigan has the following producer security programs:
• Potato dealers must be licensed, and must post bonds as security against defaults. (Wisconsin's vegetable security program includes, but is not limited to, potatoes.)
• Dairy plants that fail to meet minimum financial standards must file security or pay cash for milk.
• Grain producers have the option of paying premiums into a state fund. In the event of a grain default, the fund reimburses participating producers.
Agency Contact
Questions or comments related to this rule may be sent to the following address:
Dept. of Agriculture, Trade and Consumer Protection
Trade and Consumer Protection Division
Bureau of Trade Practices
P.O. Box 8911
Madison, WI 53708-8911
Notice of Hearing
Natural Resources
(Fish, Game, etc., Chs.
NR 1—)
NOTICE IS HEREBY GIVEN that pursuant to ss.
29.014 (1) and
227.11 (2) (a), Stats., interpreting ss.
29.041 (1),
29.192 and
29.237, Stats., the Department of Natural Resources will hold a public hearing on revisions to ss.
NR 20.10 and
20.20, Wis. Adm. Code, relating to regulations for the Lake Winnebago sturgeon spearing season. The proposed rule contains the following changes to the Lake Winnebago system sturgeon spearing rules:
1. Upriver lakes: creates a random-permit drawing system for an annual sturgeon spear fishery on the upriver lakes beginning in 2007.
2. “Fast start" season 100% closure trigger: beginning in 2006, allows the spearing season to be closed at the end of a spearing day should any one of the three harvest caps (juvenile females, adult females, males) be reached or exceeded that day.
3. “Slow finish" season 90% closure trigger: beginning in 2006, increases the season closure trigger from 80% to 90%.
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 hearing will be held on:
August 17, 2005 Meeting Room A
Wednesday at 7:00 p.m. Winnebago Co. Coughlin Bldg.
625 E. County Rd. Y
Oshkosh
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 Joe Hennessy at (608) 267-0548 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
This rule calls for implementation of a random permit-drawing system to distribute sturgeon spearing licenses for Lakes Poygan, Winneconne, and Butte des Morts (the “Upriver Lakes") in the Lake Winnebago System. This drawing system will enable the Department to create an annual, limited-access sturgeon spear fishery in the Upriver Lakes while preserving the traditional open-access sturgeon spear fishery in Lake Winnebago. Currently the upriver lakes are only open to spearing every 5th year.
There are developmental costs associated with creating the application form, modifying the ALIS system to incorporate permit applications, and tools to track and recall permit application status ($10,000, based on Bureau of Customer Service and Licensing estimates). Cost estimates for creating a drawing system, maintaining the applicant database and conducting the annual drawing are expected to be approximately $1120 for creation (40 hours time, Staff Specialist $28/hour) and $1120 annually for maintenance and conducting the drawing (40 hours time, Staff Specialist).
A $3 application fee will be charged to each applicant who makes an Upriver Lakes permit request. This fee will recoup the costs of permit and license issuance; estimates are based on 2000 applications annually ($6000 revenue, $6000 expense). Postcards ($0.50/ ea, including printing, postage, and handling) will be sent to approximately 800 successful applicants annually ($400). Sturgeon spearing carcass tags are $20 for both Lake Winnebago and the Upriver Lakes. Development, implementation, and maintenance of the permit-drawing system will be paid for by sturgeon license funds.
Written Comments and Copy of Rule
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 Joe Hennessy, Bureau of Fisheries Management and Habitat Protection, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until August 23, 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 hearing. A personal copy of the proposed rule and fiscal estimate may be obtained from Mr. Hennessy.
Notice of Hearing
Natural Resources
(Fish, Game, etc., Chs.
NR 1—)
NOTICE IS HEREBY GIVEN that pursuant to ss.
29.014 (1),
29.041,
29.547 (8) (a) and
227.11 (2) (a), Stats., interpreting ss.
29.041,
29.014 (1) and
29.537 (8) (a), Stats., the Department of Natural Resources will hold public hearings on the amendment of s.
NR 24.06 (1) (a) and
(b), Wis. Adm. Code, relating to closing the open seasons for commercial clamming on the Wisconsin-Iowa boundary waters and the Mississippi River portion of the Wisconsin-Minnesota boundary waters. Wisconsin's commercially harvestable native freshwater mussel stocks are in significant decline, especially in waters infested with zebra mussels. Surveys done since 1998 in river reaches where mussels were historically harvested have demonstrated extreme reductions in population densities and near absence of recruitment. These recent stock reductions compound reductions documented since 1980 from commercial overharvest and mussel kills. No commercial licenses have been sold since 2001 when a single license was sold.
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:
August 16, 2005 Robers Room
Tuesday at 11:00 a.m. Todd Wehr Memorial Library
815 S. 9th Street
La Crosse
August 16, 2005 Conference Room #2
Tuesday at at 5:00 p.m. City Hall
214 E. Blackhawk
Prairie du Chien
(Use back entrance)
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 Joe Hennessy at (608) 267-0548 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
No commercial clam shelling licenses have been sold since 2001. The official closure of the commercial clam shelling season will have no fiscal impact on state or local government revenues or expenditures.
Written Comments and Copy of Rule
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 Joe Hennessy, Bureau of Fisheries Management and Habitat Protection, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until September 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. Hennessy.
Notice of Hearing
Natural Resources
(Fish, Game, etc., Chs.
NR 1—)
NOTICE IS HEREBY GIVEN that pursuant to ss.
23.09 (2) and
227.11, Stats., interpreting ss.
23.09 (2) and
227.11 (2) (a), Stats., the Department of Natural Resources will hold a public hearing on revisions to ch.
NR 58, Wis. Adm. Code, relating to the implementation and administration of grants for endangered resources, including the Landowner Incentive Program grants. The Landowner Incentive Program, funded through a grant from the U.S. Fish and Wildlife Service, will provide technical and financial assistance to private landowners with federally listed, state listed or other at-risk species and rare or declining natural communities on their land. The ultimate goal of the program is to support the recovery of these rare species and natural communities and to prevent their further decline.
Chapter
NR 58, subch. III is created to establish this new program. The program is intended for management, restoration and protection of private land with habitat for at-risk species. At-risk species are defined by the Department to include species listed as endangered, threatened, candidate or special concern at the state or federal level; species identified by the Comprehensive Wildlife Conservation Plan; or species otherwise determined by the state to be in decline. The new program will provide a 25% cost-share to private landowners and organizations who meet the criteria of the program.
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 hearing will be held on:
August 23, 2005 Gathering Waters Conference Room
Tuesday at 6:00 p.m. DNR South Central Region Hdqrs.
3911 Fish Hatchery Road
Fitchburg
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 Jennifer Bardeen at (608) 266-8736 with specific information on your request at least 10 days before the date of the scheduled hearing.
Written Comments and Copy of Rule
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 Ms. Jennifer Bardeen, Bureau of Endangered Resources, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until August 25, 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 hearing. A personal copy of the proposed rule and fiscal estimate may be obtained from Ms. Bardeen.
Notice of Hearing
Natural Resources
(Fish, Game, etc., Chs.
NR 1—)
NOTICE IS HEREBY GIVEN that pursuant to s.
227.11 (2) (a), Stats., interpreting s.
23.33 (2) (b) 5., Stats., the Department of Natural Resources will hold a public hearing on the creation of s.
NR 64.03 (10), Wis. Adm. Code, relating to an all-terrain vehicle (ATV) registration exemption.
2003 Wisconsin Act 251 created s.
23.33 (2j), Stats., that requires all out-of-state ATVs not registered in Wisconsin to display a nonresident trail pass. Prior to operating an ATV in Wisconsin, current law requires all ATVs to be registered in Wisconsin unless exempted. The proposed rule for a registration exemption is necessary because s.
23.33 (2j), Stats., mandating the display of a nonresident trail pass did not address nonresident concerns whose home state, such as Illinois and Michigan, did not have an ATV registration program. The proposed rule will also require that the nonresident trail pass be permanently affixed to the forward half of the ATV in manner that is visible at all times.
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 hearing will be held on:
September 8, 2005 Video conference participation is Thursday at 10:00 a.m. available at:
Room 8F, State Office Building
101 E. Wilson Street
Madison
Room 220, UW Marathon Center
518 South 7th Avenue
Wausau
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 Karl Brooks at (608) 266-7820 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
This fiscal estimate is based on a proposed ATV registration exemption rule that would affect out of state ATV operators who bring nonresident ATVs (specifically Michigan and Illinois) to Wisconsin. Instead of requiring the display of a home-state registration, the rule would require the nonresident ATV to display only a Wisconsin nonresident trailpass on the machine, unless they opted to continue to register the ATV in WI.
Currently, nonresident ATV operators from Michigan and Illinois are required to register their machines in WI because of a legal requirement stemming from an irregularity in the law. If the states of Michigan and Illinois had a registration program, the residents of those states would not be affected by the irregularity. However, because of the irregularity, those ATVers cannot simply ride their ATVs in Wisconsin displaying only a nonresident trailpass, and at this time, the purchase of a nonresident trail pass by Michigan or Illinois ATVers is a cost that affords no legal riding benefit.
The rule change could affect Wisconsin's registration of 9,218 ATVs from Illinois and 367 ATVs from Michigan. The combined total of Wisconsin registered ATVs from those states is 9,585. Each Wisconsin registration costs $30 for a two-year period, which generates $287,550 biennially. Since all ATV registrations don't expire at the same time every two years, only about 50% of the 9,585 registrations expire annually, or 4,793 registrations, which equals $287,550 and $143,775 respectively. The proposed rule could initially be viewed as a negative impact to the registration program; however, those machines not registering in WI would in turn be required to display a nonresident trail pass. The cost of a nonresident trail pass costs $18 annually.
Written Comments and Copy of Rule
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. Karl Brooks, Bureau of Law Enforcement, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until September 16, 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 hearing. A personal copy of the proposed rule and fiscal estimate may be obtained from Mr. Brooks.
Notice of Hearing
Natural Resources
(Fish, Game, etc., Chs.
NR 1—)
NOTICE IS HEREBY GIVEN that pursuant to s.
227.11 (2) (a), Stats., interpreting s.
23.33 (6m), Stats., the Department of Natural Resources will hold a public hearing on the creation of s.
NR 64.07 (3) and
(4), Wis. Adm. Code, relating to an all-terrain vehicle (ATV) noise testing procedure.
2003 Wisconsin Act 251 created a new law regarding ATV noise emissions, s.
23.33 (6m), Stats., which prohibits a person or manufacturer from selling, renting or operating an ATV if the noise level from the ATV exceeds 96 decibels on the A scale in a manner prescribed under rules promulgated by the DNR. The A scale is a measuring technique that uses a sound meter to measure noise in the same manner that a human ear interprets noise. The Department proposes to use an existing noise-measuring standard (SAE 1287) that is approved by the Society of Automotive Engineers. This standard is consistently used by governing agencies that regulate noise laws.
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 hearing will be held on:
September 8, 2005 Video conference participation is
Thursday at 10:00 a.m. available at:
Room 8F, State Office Building
101 E. Wilson Street
Madison
Room 220, UW Marathon Center
518 South 7th Avenue
Wausau
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 Karl Brooks at (608) 266-7820 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
State statute 23.33 (6m) pursuant to Wisconsin
2003 Act 251 restricted noise levels from ATVs. The Act did not prescribe a method to measure the noise. The method was to be promulgated in a rule by the department. Funding to acquire the noise measuring equipment was also provided in Act 251 as was operating dollars for patrol and training. The rule is procedural and any unanticipated costs will be absorbed by the ATV program.
Written Comments and Copy of Rule
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. Karl Brooks, Bureau of Law Enforcement, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until September 16, 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 hearing. A personal copy of the proposed rule and fiscal estimate may be obtained from Mr. Brooks.
Notice of Hearing
Natural Resources
(Environmental Protection-
Pollution Discharge System, Chs.
NR 200—)
NOTICE IS HEREBY GIVEN that pursuant to ss.
227.11 (2),
281.16,
281.19,
281.41,
281.65,
283.001,
283.11,
283.13,
283.31 and
283.37, Stats., interpreting ss.
227.11 (2),
281.16,
281.19,
281.41,
281.65,
283.001,
283.11,
283.13,
283.31 and
283.37, Stats., the Department of Natural Resources will hold public hearings on the repeal and recreation of ch.
NR 243, Wis. Adm. Code, relating to animal feeding operations. Included in ch.
NR 243 are requirements for large, medium and small concentrated animal feeding operations (CAFOs) under the Wisconsin Pollutant Discharge Elimination System (WPDES) permit program. The major provisions of the code revision are:
• Animal units: The Department is proposing changes to animal unit equivalencies used to determine the size thresholds for CAFOs (large, medium and small). These changes are primarily the result of changes to federal animal unit numbers and mostly impact operations with heifers or veal calves or poultry operations with a non-liquid manure handling system.
• General permits: The proposed revisions outline application and general eligibility and coverage requirements for issuance of a general WPDES permit that could be used to cover CAFOs.
• Standard CAFO requirements: The rule changes include a number of standard requirements designed to address potential water quality impacts from CAFOs and to incorporate federal requirements. Some of these include managing areas of the operations where animals are not held in confinement (CAFO outdoor vegetated areas), mortality management, restrictions on chemical disposal in storage or containment facilities, stormwater controls and development of an emergency response plan.
• Nutrient management and NRCS 590: The Department is proposing to incorporate an updated version of the Natural Resources Conservation Service (NRCS) technical standard for nutrient management (NRCS 590, November 2004) as well as other nutrient management requirements.
• Surface Water Quality Management Area (SWQMA) restrictions: The proposed revisions identify conservation practices to be implemented within the SWQMA (1,000 feet of a lake, 300 feet of a stream) to protect against acute manure runoff events and long-term nutrient delivery to surface waters. These provisions are also intended to address federal requirements mandating a 100-foot setback from navigable waters/conduits to navigable waters (or equivalent) or a 35-foot vegetated buffer.
• Manure application restrictions on frozen or snow-covered ground: Key proposed revisions include: (1) A prohibition on surface applications of liquid manure on frozen or snow-covered ground at all times; and (2) A prohibition on surface applications of solid manure on frozen or snow-covered ground in February and March. Proper incorporation or injection of liquid and solid manure would be allowed under frozen or snow-covered ground conditions at all times. These liquid manure restrictions would become effective on January 1, 2010 for existing source CAFOs and upon permit issuance for new source CAFOs.
• Phosphorus delivery: All CAFOs would be required to implement phosphorus-based nutrient management. In addition to the phosphorus requirements in NRCS Standard 590, the proposed revisions add additional restrictions intended to address phosphorus delivery to surface waters.
• Groundwater protection: The proposed revisions include increased setbacks from karst features, drinking water supply wells and additional application restrictions based on separation distances to groundwater and bedrock.
• Manure stacking: The proposed rule revisions allow for the temporary unconfined stacking of solid manure with 16% solids or greater during winter months in lieu of storage in a designed storage facility.
• Responsibility for CAFO manure: The revisions identify the circumstances under which CAFOs are not considered to be responsible for the disposal/land application of the manure they generate.
• Monitoring/inspections/reporting: The revisions reflect federal monitoring, self-inspection and reporting requirements as well as additional requirements for maintaining and determining compliance with nutrient management requirements.
• Small/medium CAFOs: The revisions reflect federal and state authority to define and designate small and medium size animal feeding operations that have discharges to navigable waters as CAFOs and to issue WPDES permits for those discharges. The revisions also outline permit requirements for permits issued to small and medium CAFOs.
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: Animal feeding operations
b. Description of reporting and bookkeeping procedures required: In accordance with revised federal rule requirements, permittees must conduct frequent inspections of water lines (daily), storm water diversions (weekly) and storage facilities and runoff control systems (weekly) at the animal production area. These inspections are then summarized in a quarterly report and these quarterly reports are submitted to the Department on an annual basis. For land application activities, the proposed code requires periodic manure and soil sampling, daily spreading logs documenting spreading activities, and a weather log. Permittees summarize this information and submit it to the Department as part of an annual report. In general, the required bookkeeping procedures are designed to document that an operation is complying with the regulations. For permitted operations, the revised code proposal does not significantly alter current code requirements, aside from the addition of certain types of self-inspections that are required and the maintenance of a weather log. The Department is in the process of creating standardized reporting forms that will increase the ease and consistency of reporting. Permitted operations must keep all records on-site for five years. Since these are federal requirements, the Department may not waive or provide less stringent requirements.
c. Professional skills necessary: The requirements of the proposed rule changes are similar to the type of requirements currently in the rules, so the type of professional skills required to comply with the rule are not expected to be significantly different. Depending on the knowledge, training, qualifications and time available of an owner or operator of a given permitted operation, a nutrient management plan may or may not require involvement of a hired certified agronomist or other qualified professional. Most large CAFOs already have professional agronomists develop their nutrient management plans. Smaller operations are more likely to need outside assistance given time and resource restrictions. Many, if not most, large CAFOs hire professional engineers to design their structural facilities and systems. Given the size, complexity and technical nature of the design of systems and structures, it is difficult for permittees to comply with design requirements associated with the permit, short of basic earth-moving, without the involvement of a professional with expertise in the area of design and construction. For example, a manure storage facility for a 2000 animal unit dairy designed to provide six months of storage has a volume of approximately 5.5 million gallons. All size operations may, if available, have access to design and technical assistance from counties or NRCS staff free of charge.
NOTICE IS HEREBY FURTHER GIVEN that the Department has prepared an Environmental Assessment in accordance with s.
1.11, Stats., and ch.
NR 150, Wis. Adm. Code, that has concluded that the proposed rule is not a major state action which would significantly affect the quality of the human environment and that an environmental impact statement is not required.
NOTICE IS HEREBY FURTHER GIVEN that the Department will hold an informational session from 4:00 p.m. to 5:30 p.m. prior to each hearing. Department staff will be available to answer questions regarding the proposed rule revisions.
NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:
August 15, 2005 Roosevelt Room
Monday at 6:00 p.m. Ramada White House
1450 Veterans Drive
Richland Center
August 17, 2005 UW-Extension
Wednesday at 6:00 p.m. Jefferson County Office
864 Collins Road
Jefferson
August 18, 2005 Room 103
Thursday at 6:00 p.m. Chippewa Valley Tech. College,
Business Education Center
Clairemont Campus
620 West Clairemont Avenue
Eau Claire
August 22, 2005 Room E101/E102
Monday at 6:00 p.m. Northcentral Tech. College
1000 W. Campus Drive
Wausau
August 25, 2005 Auditorium
Thursday at 6:00 p.m. Bay Beach Wildlife Sanctuary
1660 E. Shore Drive
Green Bay
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 Tom Bauman at (608) 266-9993 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
The fiscal impacts of revisions to ch.
NR 243 falls into two major areas--increasing the amount of review time required for nutrient management plans and increasing the number of reviews for manure storage facilities.
The estimated impact is as follows:
(A) Nutrient management plans. The Department estimates that an additional 10 hours of staff time will be required for each annual review of a nutrient management plan. This type of work is typically done by a Wastewater Specialist - Senior. Assume 235 CAFOs * 10 hours each = 2,350 additional staff hours per year. This equates to 1.3 FTE (2,350 hours/1800 hours per FTE = 1.3 FTE) and associated salary-related costs (excluding fringes) of $53,369 (2,350 hours * $22.71/hr = $53,369).
(B) Manure storage facilities. The Department estimates that there will be a 40% increase in the number of manure storage facilities and that each facility will require 8 hours of review time. This type of work is typically done by a Water Resources Engineer - Senior. Assume 235 CAFOs * 40% increase in storage facilities = 94 new storage facilities * 8 hours review per facility = 752 additional hours over a 5-year period/5 years = 150 additional staff hours per year. This equates to approximately 0.1 FTE per year (150 hours/1800 hours per FTE = 0.1 FTE) and associated salary-related costs (excluding fringes) of $2755 (150 hours * $25.03/hr = $3755).
Other State and Local Agencies. Since the WPDES permit program is administered solely by the Department, other state and local agencies should not expect increased costs associated with administering the changes to WPDES permit requirements. Other state (primarily, the Department of Agriculture, Trade and Consumer Protection) and local agencies (primarily Land Conservation Departments) may experience additional requests for assistance from CAFOs in developing nutrient management plans and design of storage and runoff control facilities; however, the modifications to NR 243 do not require such assistance given that private consultants can provide the same services.
Private Sector. Fiscal impacts on the private sector primarily relate to phosphorus-based nutrient management requirements and to storage design requirements for solid and liquid manure. The Department estimates that the total annual statewide fiscal impact on CAFOs will range from $1.8 million to $6.1 million over each of the first five years of the revised rule. The great majority of costs are associated with manure storage requirements.
Using a variety of assumptions, the Department estimates a total annual statewide increase in costs associated with phosphorus-based nutrient management requirements of about $90,000 over each of the first five years of the revised rule. In estimating the cost impact, the Department assumed that 32% (75 operations) of existing and new operations over the next five years would fall under phosphorus-based nutrient management planning requirements for the first time as a result of the revised rules. Only 11% (8 operations) of these operations would experience increased costs based on soil test levels. Based on an estimated cost of $5.63 per animal unit per year for phosphorus-based management and an average of 2,000 animal units per CAFO, annual increases in costs associated with the new rule total $90,000 for proposed phosphorus-based nutrient management requirements
The Department estimates total annual statewide costs associated with manure storage requirements at $1.8 million to $6.1 million per year over each of the first five years of the revised rule. This cost estimate assumes that 50-70% of all current and future CAFOs have or will have 6 months of liquid manure storage regardless of the proposed revisions to ch.
NR 243 and would not be impacted by the storage provisions in the proposed rule changes. The remaining 30-50% would need to build some amount of storage to comply with the proposed rule changes. If one assumes that a 2,000 animal unit operation produces 736,100 cubic feet of manure and process wastewater in a 6 month period, the range of manure storage construction costs would be $257,700 to $404,900 for six months of storage. If 30-50% of the current and future CAFOs would have otherwise built at least a 3 month storage, irrespective of the new NR 243 requirements, total cost is estimated at $1.8 million to $3.0 million/year. If 30-50% of the current and future CAFO would not have otherwise built any storage and are required to construct 6 month storage, total cost is estimated at $3.7 million to $6.1 million/year.
Written Comments and Copy of Rule
The proposed rule, fiscal estimate and environmental assessment 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 Tom Bauman, Bureau of Watershed Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until September 9, 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, fiscal estimate and environmental assessment may be obtained from Mr. Bauman. The information is also available on the Department's website at:
http://dnr.wi.gov/org/water/wm/nps/rules/nr243/nr243.htm
Notice of Hearing
Natural Resources
(Environmental Protection-
Air Pollution Control, Chs.
NR 400-)
NOTICE IS HEREBY GIVEN that pursuant to ss.
227.11 (2) (a),
285.11 (1) and
285.30 (2) and
(6) (b), Stats., interpreting ss.
285.11 (6) and
285.30 (2) and
(6) (b), Stats., the Department of Natural Resources will hold a public hearing on revisions to ss.
NR 485.04 and
485.06, Wis. Adm. Code, relating to motor vehicle emission limitations and tampering with motor vehicle air pollution control equipment. The Department's State Implementation Plan will be revised as a result of this revision. A motor vehicle inspection and maintenance (I/M) program has been in effect in southeastern Wisconsin since 1984. The program is presently operating in the seven counties of Kenosha, Milwaukee, Ozaukee, Racine, Sheboygan, Washington and Waukesha. To meet requirements for I/M programs in the federal Clean Air Act Amendments of 1990, Wisconsin started “enhanced" emission inspections on December 4, 1995. The enhanced inspection procedures (transient emission test and gas cap integrity test) are more effective in identifying high-emitting vehicles and in diagnosing the causes of excess emissions than were the original inspection procedures.
The emission limitations (“cutpoints") subject to this proposed revision are pass/fail standards for the I/M program. The Department proposes to revise certain cutpoints for specific categories of vehicles as follows:
1. Relax the cutpoints for oxides of nitrogen (NOx) for some groups of trucks and older cars to account for some deterioration of the emission control systems for these vehicles;
2. Establish new cutpoints for model year 2005 and newer heavy-duty trucks to account for new federal certification standards for these vehicles; and
3. Simplify the cutpoints for some categories of model year 1994 to 1996 vehicles so that the lane inspector would not need to decode data under the vehicle's hood in order to determine the proper cutpoints.
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: Small businesses that own nonexempt motor vehicles customarily kept in the 5-county I/M program area and small businesses that repair motor vehicles that fail the I/M inspection. Under the proposed rule, slightly fewer vehicles would fail the I/M inspection. This may lower vehicle repair costs for some small businesses that own motor vehicles, but may also result in a slight decrease in business for small businesses that repair motor vehicles.
b. Description of reporting and bookkeeping procedures required: Other than the requirements for vehicles to report at inspection stations, there are no reporting, bookkeeping or other procedures required for compliance with the rule.
c. Description of professional skills required: No professional skills are necessary.
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:
August 23, 2005 Room 140-141
Tuesday at 1:00 p.m. DNR Southeast Region Hdqrs.
2300 N. Dr. Martin Luther King Jr.
Drive
Milwaukee
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 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 proposed rule is not expected to increase costs to state or local government nor have a significant fiscal effect on the private sector. Under certain circumstances, the proposed rule may decrease costs to state or local government, since slightly fewer vehicles will fail the emissions test:
(1) The 500 fewer failed vehicles would result in about 600 fewer retests (considering “dropouts" and multiple retests) and that reduction in the number of retests could reduce the Department of Transportation's (DOT's) payment to the I/M program contractor by as much as $10,000 per year. However, based on the terms of the DOT's contract with the I/M program contractor, in order for this savings to be realized, the actual number of tests per year would need to deviate from the number of tests estimated in the contract by more than 3% (in either direction). The likelihood that a deviation that large would occur is uncertain.
(2) Slightly fewer vehicles owned by state or local government may fail the emission test, possibly leading to lower repair costs. However, the repair costs for failed vehicles are often offset by improved fuel efficiency or increased vehicle durability.
Since both of these possibilities for reduced costs are subject to considerable uncertainty, a conservative assessment of the fiscal effect is “no state fiscal effect" and “no local government costs."
Written Comments and Copy of Rule
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. Chris Bovee, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until September 2, 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 hearing. A personal copy of the proposed rule and fiscal estimate may be obtained by contacting Proposed Rules, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707, phone: (608) 266-7118; FAX: (608) 267-0560.
Notice of Hearing
Tourism
NOTICE IS HEREBY GIVEN that pursuant to s.
41.17 (4) (g), Stats., the Wisconsin Department of Tourism will hold a hearing at the time and place shown below to consider a proposed order to revise s.
Tour 1.03 (4) relating to the joint effort marketing program.
Hearing Information
The hearing will be held at the Department of Tourism, Meeting Room 2B, 201 West Washington Avenue, Madison, Wisconsin, on Thursday August 11, 2005 at 10:00 a.m.
Written Comments
Written comments on the proposed rules may be sent to the contact person by Monday August 1, 2005. Written comments will receive the same consideration as written or oral testimony presented at the hearing.
Analysis Prepared by the Department of Tourism
Section
41.17, Stats., creates a joint effort marketing program and s.
41.17 (4) (g), Stats., authorizes the Department to adopt rules required to administer the program. The Joint Effort Marketing program provides for grants to non-profit organizations engaged in tourism activities that are directed at increasing tourism spending in a local area. Grant funds may be used for the development of publicity, the production and media placement of advertising and direct mailings that are part of a project and overall advertising plan of the applicant organization intended to increase tourism in Wisconsin.
Funding may be used for advertising of an event, for advertising of a sales promotion and for destination marketing advertising that is not tied to an event or promotion, but which is directed at extending the tourism market for the applicant and which has been identified by the Department as a market for the state.
If the project advertises an existing event, the rules require that the advertising be placed in a new geographic market, or reach a new demographic market, or the use of media where advertising for the event has not previously been placed. Existing Event projects are limited to one year of funding.
The proposal would allow the department to fund a second consecutive year of an existing event project.
Initial Regulatory Flexibility Analysis
NOTICE IS HEREBY GIVEN that pursuant to 227.14 Stats., the proposed rule will have minimal impact on small businesses. The initial regulatory flexibility analysis as required by 227.17 (3) (f), Stats., is as follows:
(1) Type of small business affected by the rule: None
(2) The proposed reporting, bookkeeping and other procedures required for compliance with the rule: None
(3) The types of professional skills necessary for compliance with the rule: None.
Fiscal Estimate
The proposed rule has no fiscal effect.
Contact Person
For additional information about or copies of the proposed rules contact:
Abbie Hill, Joint Effort Marketing Program Coordinator
Telephone: 608/261-6272
Wisconsin Department of Tourism
P.O. Box 8690
Madison, WI 53708-8690
Pursuant to the authority vested in the Department of Tourism, by s.
41.17 (4) (g), Stats., and interpreting s.
41.17, Stats., the Department hereby amends the rules as follows:
SECTION 1. TOUR 1.03 (4) is amended to read:
TOUR 1.03 (4) A project described in s.
Tour 1.02 (6) (a), or
(f), may receive up to 3 years of funding, and the 3 years are not required to be consecutive. A project described in s.
Tour 1.02 (6) (b) (c) (d), may receive up to 2 consecutive years of funding. A recipient of funding for a project described in s.
Tour 1.02 (6) (d) may apply for another project under s.
Tour 1.02 (6) (d) no earlier than the third fiscal year following the fiscal year during which funding was granted.
Projects described in s. Tour 1.02 (6) (b) and (c) are limited to one year of funding unless the department determines that a second year of funding is necessary because severe weather, some other natural event or act of God had a substantial negative impact upon the prior year operation of the event. For each year of funding requested, an application shall be submitted and a determination made as provided under this chapter.
