Staff time required
200 hours and no other resources are necessary
Entities affected by the rule
The proposed rule will affect insurers which offer defined network plans, health maintenance organizations and preferred provider plans. Insurers will be required to revise their relationships, including provider and insurance contracts, with health care providers, health care provider networks, employers and individuals.
Comparison with federal regulations
The Office is unaware of any proposed or existing federal regulation that is intended to address the activities to be regulated by this proposed rule.
Contact Person
Fred Nepple
(608) 266-7726
Natural Resources
Subject
Objective of the rule. Update the administrative code to incorporate current federal regulations, modify existing development standards language, and update technical standards and guidance in code.
Policy Analysis
While changes were made to the engineering standards in 1986, ch.
NR 116 development standards have not been revised since the code was originally promulgated in the early 1970's. Since then, significant advances have been made in disaster-resistant building techniques, the importance of preserving floodplains for resource-protection and public safety purposes, and in floodplain engineering and mapping standards. The code needs to be revised to reflect these advances and to incorporate language that promotes wise and sustainable use of floodplain areas. Some of the specific sections to be addressed include: Accessory structure standards in the code must be revised to remain in compliance with minimum FEMA standards. Floodproofing language needs to be expanded. Floodway development standards need to be clarified. Department duties as outlined in the code are dated and don't reflect the current workload requirements.
Statutory authority
Staff time required
500 – 600 hours for program and legal staff.
Entities affected by the rule
Current and potential floodplain property owners, local zoning officials, realtors, builders.
Comparison with federal regulations
Chapter
NR 116 complements the federal regulations in 44 CFR, Part
60. The purpose of separate state regulations is to expand on the minimum national standards in order to adequately address flooding concerns (spring runoff, ice jams) which are found in the upper Midwest. NR 116 includes higher building elevation standards, building restrictions and regulations for pre-existing structures.
Natural Resources
Subject
Wisconsin Act 347 became effective April 29, 2006 and necessitates rule revisions to incorporate many of its provisions. Act 347 was the product of a Special Committee on Septage Disposal formed by the Joint Legislative Council. Key provisions of the Act include the following:
1. Septage capacity needs must be considered for non-sewered areas in a Publicly Owned Treatment Works (POTW) planning area when facility planning provides for a capacity increase of at least 20%. While the capacity is not strictly required to be provided even if needed, the expectation is that item two (below) will provide the necessary incentive to do so.
2. A zero percent Clean Water Fund loan will be offered for that portion of a public project which will provide planning, receiving facilities, treatment capacity, and disposition of septage.
3. Establishes a uniform protocol for setting costs for septage receiving at a POTW, and requires a 60 day prior notification to haulers of any price increases.
4. Establishes a three step process for rate dispute resolution between a hauler and a POTW, with the Public Service Commission (PSC) as the mediating agency.
5. Explicitly establishes DNR as having regulatory authority for biosolids and septage and disallows restrictive local ordinances for land application of these materials.
6. Allows the department to utilize the Attorney General's office for enforcement of septage violations. This approach is consistent with other environmental programs. The Department also retains citation authority and the ability to enforce through County District Attorney offices.
7. Limits the farmer exemption for septage to only septic tanks and removes the exemption for holding tanks.
8. Requires all counties to administer the septage maintenance program (currently 5 counties do not do so). This provision is under the Department of Commerce authority and will not be addressed by DNR rule-making efforts.
Policy Analysis
Major policy issues were addressed in the development process of the final Legislation. Minor policy issues and implementation procedures will be resolved and implemented in the rule-making effort. Such issues include how to implement facility planning requirements for POTW's and the applicability of the zero percent Clean Water Fund loan for that portion of a project dedicated to planning, receiving facilities, treatment capacity and ultimate disposition of septage. Consideration will be given to providing flexibility in business licensing and operator certification requirements to farmers no longer able to utilize the farmer exemption for holding tank waste. Consideration will also be given to how to deal with the necessary recission of existing restrictive local ordinances pertaining to land application of municipal biosolids and septage, which are no longer allowed.
Statutory authority
Staff time required
Because most policy issues have been addressed in the legislation itself, the department does not anticipate significant staff time to be necessary for these rule revisions. Approximately 125 total hours of staff time may be necessary.
Entities affected by the rule
The entities affected by these rule revisions are likewise affected by the Legislation itself as the department is merely implementing the statutory changes into rules. The entities include: municipal wastewater plants, licensed septage haulers, small operation farmers, local units of government, counties, Public Service Commission, and engineering consultants.
Comparison with federal regulations
US EPA has promulgated regulations for the ultimate disposition of septage in 1993 in Part 503 of Chapter
40 of the Code of Federal Regulations. The Department incorporated those requirements in Chapter
NR 113 in 1997 (modified in 1999). However, the revisions to be done in this effort have no correlation to federal standards either existing or proposed. They are the result of Wisconsin Legislative action only.
Natural Resources
Subject
Objective of the rule. The purpose of this rule order package is to develop procedures which will allow the Department of Natural Resources to become a member of the International Wildlife Violators Compact. These rules will be located in Chapter
NR 8, Wis. Adm. Code.
The Department of Natural Resources has been authorized by the legislature under
2005 Wis. Act 282 to enter into a Wildlife Violator Compact with other states. Under the compact, convictions of wildlife law and revocation or suspension of licenses that authorize the pursuing, taking or possession of wildlife that occur in any member state are treated as if they occurred in all member states. Before the department can become a member of the compact, new rules and procedures need to be developed which to allow the department to administer a program that will:
1.
Assure all residents receive notification when their license has been suspended by this state or any other member state,
2. Assure the exchange of information between the department, the district attorneys and the clerks of court, and
3. Provide an administrative appeal process by which the department can establish if sufficient grounds exist to deny a persons application or suspend their approvals.
New rules are required pursuant to Act 282 to assure due process is afforded to individuals subject to administrative suspensions in this state or who are suspended in a member state.
When all necessary rules and procedures are in place, the department will apply to become a member state.
Policy Analysis
Prior to the authority granted under
2005 Act 282, a person who had their hunting, trapping or fishing privileges suspended in another state could still obtain an approval and engage in those activities in this state. Under Act 282, the department has been authorized to enter into a compact with other states. Doing so will allow the department to treat nonresidents who are from a state which is a member of the compact the same as a resident when they commit a violation is this state.
The mobility of many violators necessitates the maintenance of channels of communication among the various states. Usually, if a person is cited for a wildlife violation in a state other than the person's home state, one or more of the following occur:
a. The violator is required to post collateral or a bond to secure appearance for a trial at a later date.
b. The violator is taken into custody until the collateral or bond is posted.
c. The violator is taken directly to court for an immediate appearance.
The purpose of these enforcement practices is to ensure compliance with the terms of a wildlife citation by the violator who, if permitted to continue on his or her way after receiving the citation, could return to his or her home state and disregard the terms of the citation. These practices may cause inconvenience and hardship for the violator who is unable at the time to post collateral, furnish a bond, stand trial, or pay a penalty, and thus is compelled to remain in custody until some alternative arrangement is made. This practice can consume an substantial amount of law enforcement time.
States that are members of the compact must agree to recognize the suspension of wildlife license privileges of any person whose license privileges have been suspended by a participating state and treat the suspension as if it had occurred in the home state. In addition, each member state must allow a violator to accept a wildlife citation and, without delay, proceed on his or her way, whether or not a resident of the state in which the citation was issued, if the violator's home state is party to this compact.
Statutory authority
Staff time required
100 hours.
Comparison with federal regulations
N/A.
Entities affected by the rule
This rule will impact all individuals who have their hunting, fishing or trapping privileges or approvals, suspended or revoked, for a violation of Chapter
29, Wis. Stats., or a rule promulgated under that chapter. In addition, this rule will affect all individuals who have had their hunting, fishing or trapping privileges or approvals, suspended or revoked by another state which is a member of the Wildlife Violators Compact, for a violation of the laws of the member state.
