Rule-Making Notices (Hearing Notices)

Submission of Written Comments

Comments may be submitted to the agency contact person that is listed above and via the Wisconsin Administrative Rules website at http://adminrules.wisconsin.gov by January 15, 2008.

Initial Regulatory Flexibility Analysis:

Pursuant to s. 227.114, Stats., the rule amendments herein are not expected to negatively impact on small businesses.

Fiscal Effect

None.

Text of Rule

SECTION 1. Adm 45 (title), 45.01 and 45.02 are amended to read:

LOW-INCOME ASSISTANCE PUBLIC BENEFITS

Adm 45.01 Authority. Sections 16.004 (1) and 16.957 (2) (c) 2., Stats., authorize the department to promulgate rules for low-income assistance public benefits programs.

Adm 45.02 Purpose. The purpose of this chapter is to establish general eligibility and application requirements and procedures for assistance under a low-income public benefits assistance program established under s. 16.957 (2) (a), Stats.

SECTION 2. Adm 45.03(2) and (3) are amended to read:

45.03 (2) “Benefit" means an award of financial or other assistance by the department or a contractor designated by the department to an eligible household under a public benefits low-income assistance program.

45.03 (3) “Contractor" means a community action agency described in s. 46.30 (2) (a) 1., Stats., a nonstock, nonprofit corporation organized under ch. 181, Stats., or a local unit of government under contract with the department that provides services under a public benefits low-income assistance program.

SECTION 3. Adm 45.03 (6) is amended to read:

45.03 (6) “Low income public benefits assistance program" means a program established in accordance with s. 16.957 (2) (a), Stats.

SECTION 4. Adm 45.03 (9) is amended to read:

45.03 (9) “Secured Juvenile correctional facility" has the meaning specified in s. 938.02(15m) (10p), Stats.

SECTION 5. Adm 45.04 (1) and (2) are amended to read:

Adm 45.04 Eligibility requirements. (1) A person or household eligible to receive fuel bill payment assistance, early identification crisis assistance, weatherization or conservation services, and similar low-income assistance from federally funded programs specified in ss. 16.26 and 16.27, Stats., shall be eligible for assistance through a low-income public benefits assistance program.

45.04 (2) The following are not eligible for assistance under a low-income public benefits assistance program:

SECTION 6. Adm 45.04 (2) (b) is amended to read:

45.04 (2) (b) A person who is imprisoned in a state prison or a person placed at a secure juvenile correctional facility or a secured child caring institution.

SECTION 7. Adm 45.05 and 45.06 (1) are amended to read:

Adm 45.05 Program elements. In consultation with the council on utility public benefits, the The department shall annually announce new or continued programs offered by the department that will provide low-income assistance. The department shall also provide specific information on the application process, where to obtain an application, the eligibility criteria, and where to file the application for each program created or continued under s. 16.957 (2) (a), Stats.

Adm 45.06 Application requirements. (1) A person or household may apply for a benefit from a low-income public benefits assistance program by completing an application on forms prescribed by the department. At a minimum an application shall contain the names and ages of all household members, residence address, actual or estimated fuel use, documentation of income, the names of home energy providers and the social security number of the head-of-household.

Notice of Proposed Rulemaking

Administration

[CR 07-080]

NOTICE IS HEREBY GIVEN that under 2005 Wisconsin Act 141, the Department of Administration proposes to repeal Chapter Adm 44 of the Wisconsin Administrative Code relating to energy conservation and efficiency and renewable resource programs. Because the repeal of Ch. Adm 44 is in conformity with 2005 Wisconsin Act 141, the Department, under s. 227.16 (2) (b), will not hold a public hearing concerning this matter.

Analysis Prepared by the Department of Administration

Plain language analysis

2005 Wisconsin Act 141 amended s. 16.957, Stats., to exclude energy conservation and efficiency and renewable resource programs from Department duties effective July 1, 2007. The proposed elimination of Chapter Adm 44 complies with 2005 Wisconsin Act 141 that transferred all the responsibilities governed by the rule to the Public Service Commission effective July 1, 2007. Separately, the Public Service Commission has developed a rule to fulfill its new responsibilities. The proposed rule repeal brings an existing rule into conformity with a statute that has been changed to no longer require the Department's involvement in the energy conservation and efficiency and renewal resource programs. Therefore, pursuant to s. 227.16(2)(b), Stats., the Department will not hold public hearings regarding this rule.

Comparison with federal regulations

No known existing or proposed federal regulations comparable to the proposed rules.

Comparison with rules in adjacent states

Each of the four states adjacent to Wisconsin operates energy efficiency and renewable energy programs, albeit with substantial variation in strategies and methods.

•   The Minnesota Department of Commerce operates the “conservation improvement program" under Minnesota Rule, Chapter 7690. This rule specifies the “procedures to be followed by public utilities in submitting, and by the department [of Commerce] in analyzing and selecting, proposals for conservation improvement programs and to provide for the participation of other interested persons in developing conservation improvement programs." Minnesota Rule, Chapter 7635 establishes the requirements for “Major regulated utilities to offer their residential utility customers services related to the promotion of energy conservation." This is similar to the Wisconsin system, effective July 2007, that requires utilities to develop and deliver energy efficiency and renewable energy programs subject to oversight by a state agency.

•   The Iowa Utilities Board, under the Iowa Department of Commerce, oversees energy efficiency and renewable programs under several administrative rules. The Iowa Administrative Code (IAC) [199] Chapter 28 – Iowa Supplemental Energy Conservation Plan covers a voluntary plan for the “small- to medium-sized energy suppliers." IAC [199] Chapter 35 provides implementation governance for gas and electric utilities required by statute to be rate-regulated and to provide the (Iowa Utilities) board the necessary information to review each utilities assessment of potential, to develop specific capacity and energy savings performance standards for each utility and to evaluate the appropriateness of each utility's energy efficiency plan. IAC [199] Chapter 36 requires that “Each non-rate regulated gas and electric utility shall file energy efficiency plans…" Lastly, IAC [565] Chapter 18 establishes the State Energy Program under the Environmental Services Division of the Department of Natural Resources.

•   The Michigan Low Income and Energy Efficiency Fund is overseen by the Michigan Public Service Commission in the Department of Labor and Economic Growth, generally through Commission orders. Funding is through the utility rate base. Michigan Rule 460.2401 – 2414 provides standards to be followed by public utilities that choose to deliver residential conservation programs. Unlike Wisconsin, Michigan does not mandate that the state's utilities provide energy efficiency programs.

•   The Illinois Department of Commerce and Economic Development operates energy efficiency and renewable energy programs in that state. There are no rules governing the efficiency programs. Illinois Admin. Code Title 86 Revenue, Part 517 provides rules by which the Department of Revenue collects a Renewable Energy Resources and Coal Technology Development Assistance Charge. Half of this charge is used to fund a Renewable Energy Resources Trust Fund administered by the Department of Commerce and Economic Opportunity. Illinois Administrative Code Title 32, Energy, Chapter 1, Part 130 covers the Illinois Renewable Fuels Development Program.

Agency Contact Person

Donna Sorenson

Department of Administration

101 E. Wilson Street

Madison, WI 53707-7864

608-266-2887

[e-mail]

Submission of Written Comments

Comments may be submitted to the agency contact person listed above and via the Wisconsin Administrative Rules Website at http://adminrules.wisconsin.gov by January 15, 2008.

Initial Regulatory Flexibility Analysis

Pursuant to s. 227.114, Stats., the repeal of this rule is not expected to negatively impact on small businesses. A similar set of energy conservation and efficiency and renewable resource programs will be maintained by non-municipal electric utilities with oversight by the Public Service Commission, with no break in service to customers or small businesses.

Fiscal Effect

None

Text of Rule

SECTION 1. Chapter Adm 44 is repealed.

Notice of Hearings

Agriculture, Trade and Consumer Protection

[CR 07-107]

The State of Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) announces that it will hold public hearings on a proposed amendment to chapters ATCP 10, 12, and 17, Wis. Adm. Code, relating to animal health and disease control.

Hearing Information

Monday, January 7, 2008

6:00 p.m. to 7:00 p.m.

Fox Valley Technical College

1825 N. Bluemound Drive, Room C140

Appleton, WI 54912

Tuesday, January 8, 2008

6:00 p.m. to 7:00 p.m.

Dept. of Agriculture, Trade and Consumer Protection

2811 Agriculture Drive

1st Floor - Rm. 106 (Boardroom)

Madison, Wisconsin 53718

Thursday January 10, 2008

6:00 p.m. to 7:00 p.m.

Dept. of Natural Resources West Central Region Headquarters

1300 W. Clairemont Avenue – Room 158

Eau Claire, WI 54701

Hearing impaired persons may request an interpreter for these hearings. Please make reservations for a hearing interpreter by December 19, 2007, by writing to Melissa Mace, Division of Animal Health, P.O. Box 8911, Madison, WI 53708-8911, telephone [phone]. Alternatively, you may contact the DATCP TDD at [phone]. Handicap access is available at the hearings.

Written Comments

DATCP invites the public to attend the hearings and comment on the proposed rule. Following the public hearings, the hearing record will remain open until Friday, January 25 for additional written comments. Comments may be sent to the Division of Animal Health at the address below, by email to [e-mail] or online at:
https://apps4.dhfs.state.wi.us/admrules/public/Home

To provide comments or concerns relating to small business, please contact DATCP's small business regulatory coordinator Keeley Moll at the address above, by emailing to [e-mail] or by telephone at [phone].

Copy of Rule

You may obtain a free copy of this rule by contacting the Wisconsin Department of Agriculture, Trade and Consumer Protection, Division of Animal Health, 2811 Agriculture Drive, P.O. Box 8911, Madison, WI 53708. You can also obtain a copy by calling [phone] or emailing [e-mail]. 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 Department of Agriculture, Trade and Consumer Protection

This rule modifies Wisconsin animal health and disease control rules. Among other things, this rule:

•   Establishes new rules related to viral hemorrhagic septicemia (VHS) in fish, and simplifies registration of fish farms. DATCP has adopted temporary emergency VHS rules, which this rule would make “permanent."

•   Modifies current rules related to farm-raised deer, including rules related to herd registration, disease control, imports, movement and condemnation. Changes are consistent with proposed federal rules.

•   Modifies current rules related to cattle, including rules related to voluntary Johne's disease testing and classification, tuberculosis import testing, and imports of cattle originating from Mexico.