Ins 9.27 (4) This section first applies to an insurer offering a preferred provider plan beginning on January 1, 2007. This section does not apply to an insurer with respect to a preferred provider plan issued prior to January 1, 2007 and periodically renewed after December 31, 2006.
SECTION 3. This section may be enforced under ss.
601.41,
601.64,
601.65, Stats., or ch.
645, Stats., or any other enforcement provision of chs.
600 to
646, Stats.
Office of the Commissioner of Insurance
Private Sector Fiscal Analysis for Rule Sections
Ins 9.25 (8) and
9.27 (4), Wis. Adm. Code, relating to preferred provider plan applicability dates and affecting small business.
This rule change will have no significant effect on the private sector regulated by OCI.
Notice of Hearings
Natural Resources
(Environmental Protection—
Water Regulation)
NOTICE IS HEREBY GIVEN that pursuant to ss.
30.12 (1) and
(3) (br),
30.2035,
30.206 and
227.11 (2), Stats., interpreting ss.
30.12 (1),
(3) and
(3m) and
30.206, Stats., the Department of Natural Resources will hold public hearings on the creation of subch.
III of ch. NR 328, Wis. Adm. Code, relating to bank erosion control on rivers and streams. The purpose of the proposed ch.
NR 328, subch. III is to create additional general permits to streamline the review of applications for erosion control structures. The proposed subchapter establishes design, construction and location standards for bank erosion control structures placed in rivers and streams under general permits. General permits for biostabilization and integrated bank treatment meeting Natural Resources Conservation Service (NRCS) technical standards would be available throughout the predominantly agricultural and urban ecoregions of Wisconsin (where flooding is generally frequent and more severe, eroding banks and delivering sediment loads that often impair habitat and water quality and adjacent land uses frequently limit the area available for natural channel movement). A threshold level of bank erosion potential is required for sites to be eligible for the integrated bank treatment general permit so that rock armoring is avoided in areas where aquatic habitat is very good and could be harmed by such treatment. The rule establishes a standard map for identifying ecoregions and urban areas as well as a method for determining bank erosion potential.
This rule replaces and improves upon emergency orders that have been in place for similar general permits during the 2005 and 2006 construction seasons.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s.
227.114, Stats., the proposed rule may have an impact on small businesses. The initial regulatory flexibility analysis is as follows:
a. Types of small businesses affected: Any business wishing to do bank erosion control on a river or stream.
b. Description of reporting and bookkeeping procedures required: Permits were previously required under s.
30.12, Stats., and no further requirements were added as a result of this rule.
c. Description of professional skills required: Some businesses may prefer to use consulting design companies. However, the rules as designed so that lay personnel can apply the assessment protocols themselves with little formal training.
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 Department will hold an open house starting at 5:00 p.m. prior to each hearing. Department staff will be available to answer questions regarding the proposed rules.
NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:
Monday, December 11, 2006 at 6:00 p.m.
Front Room, DNR West Central Region Hdqrs., 1300 W. Clairemont, Eau Claire
Tuesday, December 12, 2006 at 6:00 p.m.
Room 202, UW-Oshkosh Forrest Library, 800 Algoma Blvd., Oshkosh
Wednesday, December 13, 2006 at 6:00 p.m.
Upstairs Conference Room, Wausau State Highway Patrol, 2805 Martin Ave., Wausau
Thursday, December 14, 2006 at 6:00 p.m.
Gathering Waters Room, 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 Paul Cunningham at (608) 267-7502 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
According to 2004 data, there are 240 permits processed annually for shore protection on rivers and streams. Of that amount, 216 require an individual permit at a cost of $300, and 24 are exempt from a permit fee because they are done by state or federal agencies. Therefore, annual permit revenue under current law totals $64,800 (216 permits x $300).
Under the proposed rule, it is estimated that 180 projects would require a $300 individual permit, 36 projects would be eligible for a new $50 general permit, and 24 would continue to be fee-exempt because they would be done by state or federal agencies. Therefore, annual permit revenue under the proposed rule is estimated to be $55,800 [(180 individual permits x $300) + (36 general permits x $50)]. This will result in a decrease of $9,000 in annual permit revenue.
By converting an estimated 36 individual permits per year to general permits, the proposed rule would streamline the permitting process and thus decrease the amount of work to process permits by 416 hours, or 0.2 FTE, with an associated cost reduction of $13,300 in salary and fringe benefits (416 hours x $32/hour salary and fringe).
Submission of Comments
The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site: http:// adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. mail to Paul Cunningham, Bureau of Watershed Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until January 5, 2007. 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. Cunningham.
Notice of Hearing
Natural Resources
(Environmental Protection—Water Supply)
NOTICE IS HEREBY GIVEN that pursuant to ss.
281.12,
281.34 and
227.11 (2) (a), Stats., interpreting s.
281.34, Stats., the Department of Natural Resources will hold public hearings on the creation of ch.
NR 820, Wis. Adm. Code, relating to annual reporting of groundwater pumping information from high capacity wells, designation of groundwater management areas, environmental review of high capacity well applications for impacts on groundwater protection areas and springs and evaluation of wells with greater than 95% water loss.
2003 Wisconsin Act 310 expands the Department's authority over high capacity wells to include consideration of impacts to certain sensitive water resources, requires annual reporting of groundwater pumping from high capacity wells and directs the Department to designate two groundwater management areas. The proposed ch.
NR 820, Wis. Adm. Code, implements the provisions of
2003 Wisconsin Act 310. Under the proposed code, all owners of high capacity wells will be required to submit annual pumping reports to the department. The rule also establishes the areal extent of two groundwater management areas, one in the southeast part of the state and another in the northeast part of the state. The two areas include the entire area of each city, village and town in which the level of the underlying groundwater has dropped by at least 150 feet as a result of groundwater pumping.
Proposed ch.
NR 820, Wis. Adm. Code, establishes processes and criteria to guide the review of proposed high capacity wells near springs, trout stream, outstanding resource waters (ORW) and exceptional resource waters (ERW). The rule includes screening criteria that will be used to determine the necessary level of environmental review for wells that are proposed to be located near springs or within a groundwater protection area (within 1200 feet of a trout stream, ORW or ERW). Applicants for wells near springs or in groundwater protection areas will be required to submit information to demonstrate that the proposed well will not result in significant adverse environmental impact to the surface water resource. When it is determined that a proposed well could result in a significant adverse environmental impact, the applicant may be required to submit an environmental impact report and the department will prepare an environmental assessment prior to approving or denying the proposed well. Any approval issued for a well near a spring or within a groundwater protection area must include conditions to ensure that significant adverse environmental impact does not result from construction and operation of the well. Similarly, the proposed rule requires that the department prepare an environmental assessment for any high capacity well that has a water loss of greater than 95%. In addition, the department must include conditions in its approvals to ensure that wells with high water loss do not result in significant adverse environmental impact to nearby water resources.
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: Any small business, including agriculture, golf courses, non-metallic mining, condominium developments, various industrial/commercial uses, recreational facilities, ethanol production and food processing.
b. Description of reporting and bookkeeping procedures required: Annual reporting of water use of all high capacity well owners and specifies informational requirements for high capacity well applications that involve wells located near springs and within groundwater protection areas. Owners will need to keep records of the amount of water pumped from each well.
c. Description of professional skills required: The owner of a high capacity well may need to hire qualified persons to install water metering devices on the wells in order to compile the annual pumpage data. In addition, owners of proposed wells that are to be constructed near springs or in a groundwater protection area will need to contract with qualified consultants to provide the necessary hydrological analysis and other information required in such instances.
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:
Wednesday, December 13, 2006 at 1:00 p.m.
Multipurpose Room, Dunn Co. Judicial Center, 615 Stokke Parkway, Menomonie
Friday, December 15, 2006 at 10:00 a.m.
Room 207, Green Bay City Hall, 100 N. Jefferson St., Green Bay
Monday, December 18, 2006 at 1:00 p.m.
Rooms 255 & 259, Waukesha Admin. Bldg., 515 Moorland Rd, Waukesha
Enter through Courthouse
Tuesday, December 19, 2006 at 2:30 p.m.
St. Croix Room, Dept. of Admin. Bldg., 101 E. Wilson Street, Madison
Wednesday, December 20, 2006 at 6:00 p.m.
Conference Rooms 1 & 2, Portage Co. Courthouse Annex, 1462 Strongs Ave., Stevens Point
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 Larry Lynch at (608) 266-7553 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
The proposed rule does not create any processes or requirements that were not contemplated and evaluated at the time that Act 310 was enacted. The fiscal impacts associated with Act 310 were recognized by the Legislature; there are no additional state or local government fiscal impacts associated with this proposed rule.
Submission of Comments
The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site: http:// adminrules.wisconsin.gov. Search this website using Natural Resources Board Order No. DG-37-06. Written comments on the proposed rule may be submitted via U.S. mail to Mr. Lawrence Lynch, Bureau of Drinking Water and Groundwater, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until January 5, 2007. 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. If you do not have Internet access, a personal copy of the proposed rule and fiscal estimate may be obtained from Mr. Lynch.
Notice of Hearing
Regulation and Licensing
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Department of Regulation and Licensing in s.
227.11 (2), Stats., and subch.
VI of ch. 440, Stats., as created by section 2336m. of
2005 Wisconsin Act 25, and s.
440.03 (13) (a),
(b) and
(c), Stats., and interpreting subch.
VI of ch. 440, Stats., and s.
440.03 (13) (a),
(b) and
(c), Stats., the Department of Regulation and Licensing will hold a public hearing at the time and place indicated below to consider an order to create s.
RL 4.07 (66m) and chs.
RL 174 to
177, relating to the registration of sanitarians.
Hearing Date, Time and Location
Date: December 13, 2006
Time: 9:00 A.M.
Location: 1400 East Washington Avenue
(Enter at 55 North Dickinson Street)
Room 121C
Madison, Wisconsin
Appearances at the Hearing:
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Legal Counsel, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by December 13, 2006, to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing
Explanation of agency authority: The Department of Regulation and Licensing has the authority to promulgate rules interpreting the provisions of any statute enforced or administered by it and to effectuate the purpose of the statute. The creation of administrative rules for the regulation of registered sanitarians is necessary to implement newly created subch.
VI of ch. 440, Stats., pursuant to
2005 Wisconsin Act 25.
Related statute or rule: The proposed rules are intended to replace the former rules in ch.
HFS 150.
Plain language analysis: The creation of administrative rules for the regulation of registered sanitarians is necessary to implement newly created subch.
VI of ch. 440, Stats., pursuant to
2005 Wisconsin Act 25, s.
2336m. Registered sanitarians were previously regulated in ch.
HFS 160.
The proposed rules shall apply to all persons educated and experienced in the field of environmental health who desire to be registered as a sanitarian. The rules will establish minimum standards and qualifications for licensure of registered sanitarians, set standards for sanitarians registered in other states to practice as registered sanitarians in this state, as well as define basis for discipline of credential holders. The rules contain definitions, registration requirements, qualifications for examination, qualifying work experience requirements, reciprocal licensure, and standards of conduct.
Section
RL 4.07 (66m) is created to include registered sanitarians in the department's rules relating to conducting investigations to determine whether an applicant for registration as a sanitarian has been charged with or convicted of a crime.
Summary of, and comparison with, existing or federal regulation: There is no existing or federal regulation pending.
Comparison with rules in adjacent states:
Minnesota: Minnesota regulates and licenses environmental health specialists and sanitarians pursuant to Minnesota Statute 214.3, to plan, develop, and enforce health and sanitation standards and prevent the spread of the communicable diseases. The regulations specify the requirements and procedures for obtaining licensure, including education, examination, work experience and fees.
