Rule-Making Notices (Hearing Notices)

6. Summary of, and Comparison with Existing or Proposed Federal Regulations.

Under the Federal Clean Water Act, the Environmental Protection Agency has established erosion and sediment control regulations, 40 CFR Parts 9, 122, 123 and 124, for land disturbing activities involving one or more acres at construction sites. The regulations establish a permitting process under the National Pollutant Discharge Elimination System, NPDES, that may be implemented by state jurisdictions. The regulations require the design, implementation and maintenance of best management practices to improve water quality by reducing pollutants in storm water runoff.

The Department of Natural Resources under chapter NR 216 implements the EPA permitting process mandate in Wisconsin. Under section NR 216.42 (4), the Department of Natural Resources recognizes commercial building construction falling under Department of Commerce rules as complying with the Wisconsin Pollutant Discharge Elimination System permitting. That recognition in turns helps to achieve the state's implementation of the EPA permitting process for construction site erosion control.

7. Comparison with Rules in Adjacent States.

The rules of all of the neighboring states, Illinois, Iowa, Michigan and Minnesota basically emulate the regulations of the federal Environmental Protection Agency with respect to permits and the implementation of best management practices for erosion and sediment control for land disturbing construction activities and post construction storm water management. In addition, Minnesota requires that the one-acre disturbed sites utilize some method to treat at least a ½ inch volume of the post-construction storm water runoff. Iowa has established a performance standard of 80 percent of sediment reduction in post construction storm water runoff.

In these states local municipalities have the ability to enact more stringent erosion and sediment control or storm water management provisions.

8. Summary of Factual Data and Analytical Methodologies.

There were no factual data or analytical methodologies used to develop the proposed rules.

9. Analysis and Supporting Documents Used to Determine Effect on Small Business or in Preparation of Economic Impact Report.

The proposed rules should have a minimal additional impact on small business. Under current federal expectations and obligations, all businesses are to implement best management practices when undertaking land disturbing construction activities involving one acre or more. There were no supporting documents used to determine the effect on small business, and an economic impact report was not prepared.

Initial Regulatory Flexibility Analysis

1. Types of small businesses that will be affected by the rules.

Any small business that constructs a new building or alters an existing building where land disturbing activity is to occur during the construction will be affected by these rules.

2. Reporting, bookkeeping and other procedures required for compliance with the rules.

If the land disturbing construction activity involves one or more acres, the owner or the owner's agent is required to file a Notice of Intent with the department or an agent municipality certified by the department. In most cases erosion and soil control plans need to be prepared to indicate the type and location of the control practices to be utilized on the construction site. Also, if the land disturbing construction activity involves one or more acres, a post construction storm water management needs to be developed and implemented. When one or more acres are disturbed, a log needs to be maintained documenting the periodic monitoring and maintenance of the erosion and sediment control practices on the site.

Although these procedures are the legal responsibility of the owner, these are typically delegated to the general contractor undertaking the actual construction. These procedures are mandated under current rules as well as obligations mandated by the federal Environmental Protection Agency. These procedures are standard practice for many building projects.

3. Types of professional skills necessary for compliance with the rules.

Businesses involved with the construction of buildings will have to become familiar with erosion and sediment control and storm water management or will have to contract with someone who has the expertise.

4. Rules have a significant economic impact on small businesses.

No. Rules not submitted to Small Business Regulatory Review Board

Environmental Analysis

Notice is hereby given that the Department has considered the environmental impact of the proposed rules. In accordance with chapter Comm 1, the proposed rules are a Type III action. A Type III action normally does not have the potential to cause significant environmental effects and normally does not involve unresolved conflicts in the use of available resources. The Department has reviewed these rules and finds no reason to believe that any unusual conditions exist. At this time, the Department has issued this notice to serve as a finding of no significant impact.

Environmental Assessment

Notice is hereby given that the Department has prepared a preliminary Environmental Assessment (EA) on the proposed rules. The preliminary recommendation is a finding of no significant impact. Copies of the preliminary EA are available from the Department on request and will be available at the public hearings. Requests for the EA and comments on the EA should be directed to:

James Quast

Division of Department of Commerce

P.O. Box

Madison, Wisconsin 53701

Telephone [phone]

or TTY [phone]

Written comments will be accepted until January 31, 2006

Fiscal Estimate

Based upon past data, it is anticipated that 600 Notices of Intent will be annually filed with the Department for the construction of commercial building where one or more acres of land disturbing activity will occur. This will result in a revenue increase of $15,000 per year. This revenue will offset the development and maintenance of a web-based Notice form and filing process.

The proposed rules will not change the Department's administration and enforcement activities with respect to erosion and sediment control and storm water management. The administration and enforcement of the proposed rules are within the current capabilities of the Department with respect to staffing levels and resources.

Local municipalities may enforce the provisions of the Uniform Dwelling Code, chapters Comm 20-25, and the Commercial Building Code, chapters Comm 60-65, and have the ability and authority to offset enforcement costs by charging the appropriate fees.

The proposed rules will not have a significant fiscal effect on the private sector.

The proposed rules and an analysis of the proposed rules are available on the Internet at the Safety and Buildings Division Web site at www.commerce.wi.gov/SB/. Paper copies may be obtained without cost from Roberta Ward, at the Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689, or Email at [e-mail], or at telephone [phone] or [phone] (TTY). Copies will also be available at the public hearing.

The small business regulatory coordinator for the Department of Commerce is Carol Dunn, who may be contacted at telephone [phone], or Email at [e-mail].

Notice of Hearing

Employee Trust Funds

[CR 05-114]

A public hearing on a proposed revision to ch. ETF 10, relating to separate retirement system investments in the fixed and variable retirement investment trusts will be held on Tuesday, January 24, 2006, at 3:00 PM in Conference Room GA at the offices of the Department of Employee Trust Funds, 801 West Badger Road, Madison, Wisconsin.

Analysis Prepared by the Department of Employee Trust Funds

Statutes interpreted: Wis. Stat. ss. 40.015 and 40.03 (1) (n) and (2) (q).

Statutory authority: Wis. Stat. s. 40.03 (2) (q).

Explanation of agency authority: The Secretary of the Department of Employee Trust Funds is required to promulgate rules governing the times when separate retirement systems, such as the Milwaukee Public Schools Retirement System, may send or deliver funds to be invested as if part of the fixed or variable retirement investment trust, the withdrawal of those funds, the amounts of money that may be sent, delivered or withdrawn, the valuation of money that has been sent, delivered or withdrawn, and the distribution of investment income among the retirement systems. The Secretary's rules may also modify the basis for accounting or valuation and the investment earnings distribution procedures of the Wisconsin retirement system to the extent necessary to achieve equity among the various retirement systems.

Related statute or rule: Wis. Stats. s. 40.03 (1) (n).

Plain language analysis: The proposed rule revision would better mirror the investment performance of the fixed and variable retirement investment trusts for purposes of valuing the investment accounts of separate retirement systems. The proposed rule will also better assure full compliance with the requirement of Wis. Stats. s. 40.03 (2) (n) that each separate retirement system will pay for the costs of investing and administering funds sent to the Department of Employee Trust Funds.

The main purpose of the proposed rule revision in s. ETF 10.12 is to change the formulas used to value investments of separate retirement system accounts to be consistent with recommended financial industry practice. The revisions will also fine tune transaction definitions to facilitate the most effective implementation of the new formulas. For example, the rules concerning deposits are revised to allow deposits only on the last day of the month rather than the first day.

Section ETF 10.12 currently prescribes an investment valuation formula that is not totally consistent with recommended practice or conducive to establishing levels of process quality assurance. For example, the current rule does not enable a rate of earnings comparison between the separate accounts with the rate of earnings of the trust fund as a whole. Since the existing rule was first implemented, departmental experience and guidance from financial experts of the State of Wisconsin Investment Board have identified ways to improve the valuation method and to add procedures that will help ensure complete and accurate valuations.

In order to avoid violation of the exclusive benefit rule of 26 U.S. Code s. 401 (a) and Wis. Stats. s. 40.015 (1) the proposed rule will also limit the separate retirement systems who may invest in the Public Employee Trust Fund to those retirement systems, as defined by Wis. Stats. s 40.02 (51), providing additional pension benefits for employees covered by the Wisconsin Retirement System.

Summary of, and comparison with, existing or proposed federal regulations: In order to be qualified under 26 U.S. Code §401(a)(2), A trust forming part of an employer pension plan must be for the exclusive benefit of the employees or their beneficiaries. It is prohibited to use or divert any part of the trust corpus or income for any other purposes.

Comparison with rules in adjacent states: Permitting discretionary investment of a separate trust fund in the public employee's retirement trust appears to be unique to Wisconsin, at least among neighboring states.

Summary of factual data and analytical methodologies: The investment valuation calculation was developed in consultation with the State of Wisconsin Investment Board staff to more accurately mirror the investment performance of the Public Employee Trust Fund as a whole, to adopt industry best practices and to enable the investment and administrative costs for each separate retirement system's funds to be assessed.

Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report: Wis. Stat. s. 40.02 (51) defines “retirement system" in a manner that necessarily excludes all private businesses. So the proposed rule has no effect whatsoever on small businesses.

Anticipated costs incurred by private sector: None.

Effect on small business: No effect.

Agency contact person: Please direct any questions about the proposed rule to Robert Weber, Chief Legal Counsel, telephone [phone], e-mail address: [e-mail]., or Bob Willett, Director, Office of Trust Finance and Data Analysis, telephone [phone], e-mail [e-mail]. The mailing address for both Mr. Weber and Mr. Willett is Department of Employee Trust Funds, P.O. Box 7931, Madison WI 53707.

Place where comments are to be submitted and deadline for submission: Written comments on the proposed rule may be submitted to Robert Weber, 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 Wednesday, January 25, 2006.

Initial Regulatory Flexibility Analysis

The proposed rule has no effect on small businesses.

Fiscal Estimate

The proposed rule has no fiscal impact on the liabilities or revenues of any county, city, village, town, technical college district or sewerage district and the only school district affected is the Milwaukee Public Schools. That is because, at present, Milwaukee Public Schools is the only separate retirement system investing its assets as permitted under Wis. Stat. § 40.03 (1) (n).

The effect of the proposed rule on the revenues and liabilities of the funds invested by the Milwaukee Public School retirement system, compared to the prior method of valuation is unpredictable and varies under different circumstances. However, the proposed rule more accurately reflects the actual investment experience of the fixed and variable retirement investment trusts of the Public Employee Trust Fund in which the funds are invested.

Free Copies of Proposed Rule

Copies of the proposed rule are available without cost from the Office of the Secretary, Department of Employee Trust Funds, P.O. Box 7931, Madison WI 53707-7931, telephone [phone].

Notice of Hearing

Natural Resources

(Fish, Game, etc.)

[CR 05-115]

NOTICE IS HEREBY GIVEN that pursuant to ss. 29.014 (1), 29.041, 29.519 (1) (b) and 227.11 (2) (a), Stats., interpreting ss. 29.014 (1), 29.041, 29.516 (2) and 29.519 (1) (b), Stats., the Department of Natural Resources will hold a public hearing on the amendment of s. NR 25.06 (1) (a), Wis. Adm. Code, relating to commercial fishing for lake trout in Lake Superior. The harvest of lake trout from Wisconsin waters of Lake Superior is guided by the State-Tribal Lake Superior Agreement among the Department and the Red Cliff and Bad River Bands of Lake Superior Chippewa. The Department allocates the State's share of the total harvest of 68,000 lake trout between sport and commercial fishers. The proposed increase in the annual total allowable harvest of lake trout by state-licensed commercial fishers is proportional to the 21.3% increase in the overall State share of the harvest. The proposed rule reserves 2,150 lake trout for state-licensed commercial harvest in Zone W-1 and reserves 8,600 lake trout from Zone W-2. These changes will result in an increase from 886 to 1,075 lake trout in the harvest quota assigned to each state commercial license.

The proposed rule also removes a provision in the calculation of allowable gill net fishing effort by which allowable effort is reduced substantially when lake trout catch rates are unusually high during one fishing period; clarifies the original intent of setting a minimum mesh size in trap nets; alters the boundaries of an area where commercial fishing is prohibited; and changes the boundaries of the Gull Island and Devils Island refuges.

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: Lake Superior commercial lake trout fishers

b. Description of reporting and bookkeeping procedures required: No new procedures

c. Description of professional skills required: No new skills

The Department's Small Business Regulatory Coordinator may be contacted at:
[e-mail] or by calling [phone].

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 pursuant to ss. 29.014 (1), 29.041, 29.519 (1) (b), 227.11 (2) (a) and 227.24, Stats., interpreting ss. 29.014 (1), 29.041, 29.516 (2) and 29.519 (1) (b), Stats., the Department of Natural Resources will hold a public hearing on Natural Resources Board Emergency Order No. FH-46-05(E) relating to commercial fishing for lake trout in Lake Superior. This emergency order took effect on December 15, 2005. This emergency order implements the revised allocation of lake trout to commercial fishers agreed to in the recent amendment of the State-Tribal Lake Superior Agreement.

NOTICE IS HEREBY FURTHER GIVEN that the public hearing will be held on:

Friday, January 13, 2006 at 1:00 p.m.

Video conference participation will be available at:

Room 1, CESA #12

618 Beaser Avenue

Ashland

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 Bill Horns at [phone] with specific information on your request at least 10 days before the date of the scheduled hearing.

Fiscal Estimate

No fiscal impact anticipated at the state or local level.

The proposed rule, emergency 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. Bill Horns, Bureau of Fisheries Management and Habitat Protection, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until January 25, 2006. 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, emergency rule and fiscal estimate may be obtained from Mr. Horns.