There are no known federal rules which apply to stumpage values or the Managed Forest Law Program.
Statutory authority
Staff time required
Approximately 100 hours will be needed by the department.
Natural Resources
Subject
Objective of the rule. Amending chs.
NR 151,
152,
153,
154 and
155 to establish additional performance standard(s), clarify language, modify grant criteria to reflect program priorities, and update certain provisions based on improved data. The NRB directed the Department to revise the runoff management administrative rule to incorporate an agricultural buffer performance standard based on Wisconsin research.
The Department proposes the following: to develop an agricultural buffer or equivalent performance standard and a performance standard to address manure runoff from smaller, non-permitted farms; modify post-construction non-agricultural performance standards, regarding infiltration and protective areas, to be consistent with information and research findings made since NR 151became effective; revise existing agricultural performance standards and prohibitions to clarify provisions related to manure storage facility closures and direct runoff of manure; and to modify grant rules pertaining to eligibility, awards, allocation for TMDLs and project size. Other revisions are needed to clarify language in existing codes and to update certain provisions to align with other rule revisions.
In addition, the Department proposes to create a performance standard to provide adequate control of sediment, manure and other runoff from small or medium-sized, non-permitted farms that may cause water pollution and fish kills. Modifications are needed to some post-construction non-agricultural performance standards, particularly regarding infiltration and protective areas, to be consistent with information and research findings made since NR 151became effective. Provisions to existing agricultural performance standards and prohibitions related to manure storage facility closures and direct runoff of manure also need clarification.
In addition, revisions are proposed for related administrative rules (NR 153, NR 155) pertaining to grant eligibility, awards, allocations for TMDLs and project size. Other revisions are necessary to clarify language in existing codes and to update certain provisions to align with other rule revisions.
Policy Analysis
As directed by the Natural Resources Board resolution of May 22, 2002, the Department of Natural Resources is proposing to revise administrative rules pertaining to the state's nonpoint source pollution control program by promulgation of a performance standard for agricultural buffers. The resolution was the outcome of a request by the Senate Committee on Environmental Resources to the Department to consider an agricultural buffer performance standard in the nonpoint source redesign administrative rules. Research conducted by the University of Wisconsin on agricultural riparian buffers was presented to the Natural Resources Board in Feb. 2006 and will serve as an informational guide to the development of a performance standard.
NR 151 and companion administrative rules became effective in 2002. Since then there has been scientific research findings on the functioning of riparian buffers under Wisconsin conditions in controlling nutrient inputs to surface water and improved methods of calculating phosphorus and sediment delivery to receiving waters. There has also been increased concern in recent years by the Department and the public about contaminated drinking water wells and surface water from runoff events. Information from the Wisconsin Buffer Initiative Report of 2005 and other scientific and technological sources can provide the basis for additional performance standards or enhancements to existing ones to provide a higher degree of resource protection. Several non-agricultural performance standards need to be modified to reflect updated resource information, ensure continued water quality protection, and provide equitable alternatives to achieve compliance in certain circumstances. Increased competition for grant funding and Department emphasis on addressing impaired waters necessitate modifications to the nonpoint source grant rules. Additionally, NR 151 definitions may need to be changed to be consistent with revisions to related rules.
Groups likely to be impacted or interested in this issue include agricultural producers, municipalities, parties responsible for construction erosion control and post-construction stormwater management from construction sites of 1 acre or more, environmental organizations, conservation groups and county land conservation departments and committees.
Statutory authority
Staff time required
1140 hours.
Comparison with federal regulations
The proposed code revisions are consistent with federal regulations that apply to control of nonpoint sources of pollution, animal feeding operations, nutrient management and stormwater management. Certain modifications would also better align state grant funding priorities with those of the federal government in regards to Total Maximum Daily Loads.
Workforce Development
Subject
DWD 55, Child Care Certification.
Policy Analysis
Section
48.651, Stats., provides that counties shall certify each child care provider who meets standards established by the Department and is reimbursed for child care services to families determined eligible for a child care subsidy under s.
49.155, Stats., unless the provider is licensed by the Department of Health and Family Services or under contract with the Department of Public Instruction. The standards established by the Department are set forth in Chapter
DWD 55. The proposed rules will amend DWD 55 to conform to new statutory requirements that affect certified child care providers and will also clarify and update the current rules.
2005 Wisconsin Act 165 directs the department to include in the certification rules a requirement that all providers and all employees, and volunteers of a provider who provide care to children under 5 years old receive training on shaken baby syndrome before the individual is issued a certification or before employment or volunteer work begins.
2005 Wisconsin Act 184 criminalizes leaving a child unattended who is being transported in a vehicle that is owned or leased by a child care provider or used to transport a children to and from a child care provider. This prohibition is already in DWD 55 but the rules will be amended to track the language of
2005 Wisconsin Act 184.
2005 Wisconsin Act 106 prescribes new requirements on using booster seats and other restraints for children under 8 years old in motor vehicles used to transport children.
Among other things, the clarifications and updates to Chapter
DWD 55 will reduce the hours of care allowed by an individual provider, implement a statewide continuing education requirement, limit certification to one provider for each family residence, allow certifying agencies to require a physical or mental health examination of any person associated with care of the children, set requirements for regular substitutes, and require the temperature of the home to be at least 67 degrees.
Statutory authority
Entities affected by the rule
Certified child care providers and their employees and volunteers, applicants for certification, parents and children who receive care from certified providers, and county child care certifiers.
Comparison with federal regulations
There are no comparable federal requirements.
Staff time required
80 hours.
Workforce Development
Subject
DWD 123, Employer Reports Regarding Unemployment Insurance Benefit Claims.
Policy Analysis
Chapter
DWD 123 specifies employer reports that the Department uses to gather information to determine benefit claims and prescribes filing procedures for the reports. The current ch.
DWD 123 is confusing and contains obsolete and inaccurate information. The proposed rules will describe the employer reports that comply with current statutory requirements and will update and clarify department filing procedures.
Statutory authority
Entities affected by the rule
Employers covered by the unemployment insurance program.
Comparison with federal regulations
There are no comparable federal requirements.
Staff time required
60 hours.
Workforce Development
Subject
DWD 130, Wages for Benefit Purposes.
Policy Analysis
Section
108.08 (26), Stats., lists sources of income that are considered wages for the unemployment insurance program, unless the department otherwise specifies by rule. Chapter
DWD 130 describes the department's treatment of tips, the value of room or meals, and payments under supplemental unemployment benefit plans, in determining wages for benefit purposes. The current rule contains obsolete cross-references and other inaccurate or redundant references. The proposed rule will clarify language, omit unnecessary provisions, and make technical corrections.
Statutory authority
Entities affected by the rule
Employers and employees covered by the unemployment insurance program.
Comparison with federal regulations
There are no comparable federal requirements.
Staff time required
40 hours.
Workforce Development
Subject
DWD 276, Notice to Home Care Consumers and Workers.
Policy Analysis
2005 Wisconsin Act 197 requires that whenever a home care placement agency places a home care worker in the residence of a home care consumer, the home care placement agency must provide notice to the home care consumer specifying the duties, responsibilities, and liabilities of the agency, the consumer, and the worker. The notice shall specify whether the worker is an employee of the agency, an employee of the consumer, or an independent contractor. Notwithstanding this notice, there must also be a statement that the consumer may be found to be responsible under state and federal labor and tax laws. The notice will also contain other information, including phone numbers to report elder abuse.
The home care placement agency must also provide a similar notice to the home care worker stating the employment status of the worker and the duties, responsibilities, and liabilities of the agency, consumer, and worker as a result of that status. In addition, there must be a statement that the worker may be found to be an independent contractor under state and federal labor laws and tax laws notwithstanding the notice.
A home care consumer or worker who is not provided with the required notice may file a complaint with the department or may commence an action in circuit court to recover from the home care placement agency any fine or penalty required for noncompliance with any state or federal labor law or liability for payment of social security taxes, unemployment contributions, and provision of worker's compensation or liability insurance.
The department will promulgate rules to implement these new requirements.
Statutory authority
Entities affected by the rule
Home care consumers, home care workers, and home care placement agencies.
Comparison with federal regulations
There are no comparable federal requirements.
Staff time required
120 hours.
