Statutory Authority
Chapters
101,
145 and
167, Stats., as affected by 2007– 2008 legislation.
Entities Affected by the Rule
If all of the proposed legislation were to be enacted, it is anticipated that at least the following businesses and individuals would be affected by the rules: all contractors and subcontractors associated with building construction, electrical contractors, propane distributors, fireworks sellers, public swimming pool installers, electricians, thermal insulators, and individuals providing cross connection control surveys for municipal water purveyors. The licensing of fire inspectors may potentially impact private fire inspection contractors.
Comparison with Federal Regulations
An internet-based search of the
Code of Federal Regulations (CFR) and the
Federal Register did not find any federal regulations relating to the licensing activities to be regulated under the rules. Under
40 CFR 142.10 (b) (2), states are required to have a systematic program for conducting sanitary surveys of public water systems.
Estimate of Time Needed to Develop the Rule
The department estimates approximately 1,000 hours will be needed to perform the review and develop any needed rule changes. This time includes forming and meeting with an advisory councils, if necessary, drafting the rule changes and processing the changes through public hearings, legislative review, and adoption. The department will assign existing staff to perform the review and develop the rule changes, and no other resources will be needed.
Insurance
Subject
Revising s.
Ins 2.07, relating to replacement of life insurance of annuity contracts; disclosure requirements and affecting small business.
Objective of the Rule
The purpose of this rule is to protect the interests of life insurance and annuity purchasers by establishing minimum standards of conduct and procedures to be observed in replacement and financed purchase transactions.
Policy Analysis
This rule expands and updates coverage of marketing practices addressed under current rules to assure that purchasers receive adequate information and to reduce the opportunity for misrepresentation and incomplete disclosure. The rule will enhance uniformity as it will be based upon an NAIC model that has been adopted by a significant number of other states.
Statutory Authority
Entities Affected by the Rule
The proposed rule will affect insurers that offer life insurance and annuity products and producers who market them.
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.
Estimate of Time Needed to Develop the Rule
200 hours and no other resources are necessary
Natural Resources
Fish, Game, etc., Chs.
NR 1—
Subject
Revising s.
NR 47.70, relating to the county forest administration grant program.
Objective of the Rule
The change makes eligible for cost-sharing, a county's dues to a non-profit agency that represents the collective interests of counties in the county forest program and that serves as a liaison to the Department of Natural Resources.
Policy Analysis
The Department has had an ongoing partnership with the County Forest program for nearly 80 years. Wisconsin's County Forest system encompasses over 2.35 million acres in 29 counties. Collectively, this land base comprises approximately 44% of the public forest land in Wisconsin. Responsibilities outlined in s.
28.11 Wis. Stats. require the Department to approve all timber sales and provide general oversight of the program.
Encouraging counties to hire professional foresters has long been a focus of the Department. Earlier versions of this grant program have been in operation since 1994. Prior to that, DNR cost-shared administrator positions were on staff in seven counties. The objective of this grant program will continue to be to promote and encourage the Counties to employ forestry professionals in the management of their forests. The rule revision will rename the grant program (formerly the County Forest Administrator Grant). The name change was made to accommodate the new opportunity for a county to receive 50% grant funding for dues that they pay towards a nonprofit organization that provides leadership and counsel to county forest administrators and that functions as an organizational liaison to the Department. This change will continue to promote the professionalism of the individual counties and provide efficiencies to the Department in interacting with the county forests. Prior grant funding for salary / benefits of a professional forester in the role of County Forest Administrator will continue under the new format.
Statutory Authority
Entities Affected by the Rule
This rule will affect all of the twenty nine counties participating in the County Forest program. All of these counties currently pay dues to the Wisconsin County Forests Association (WCFA).
Comparison with Federal Regulations
There are no existing or proposed federal regulations that are impacted by this rule change.
Estimate of Time Needed to Develop the Rule
It is anticipated that rule development will require 60 hours of staff time in total (Forestry & Legal).
Contact Person
Jeff Barkley – County Forest Specialist
101 S. Webster, Box 7921
FR/4
Madison, WI. 53707
Phone: (608) 264-9217
Natural Resources
Fish, Game, etc., Chs.
NR 1—
Subject
Objective of the Rule
The objective of the rule is to specify emergencies on department owned lands over which the chief state forester shall have management authority as required by the legislature in
2005 WI Act 166, section
23.114, Stats. Emergencies described shall include but are not limited to, invasive species or pest infestation, disease and damage to timber from fire, snow, hail, ice or wind. This rule provides additional authority of the chief state forester to manage emergencies on department owned forest land. The rule specifies the procedure the chief state forester will take in making the decision to act in response to an emergency including considering advice from other state agencies and identified affected or involved parties. This procedure is similar to that described in s.
NR 30.06 (4), Wis. Adm. Code, dealing with emergency fire restrictions. The rule also describes the procedure for notifying the public of the emergency situation, what actions will be taken as a result, and when the state of emergency is lifted similar to the procedure described in s.
NR 30.06 (3) (a), Wis. Adm. Code.
Policy Analysis
The legislature requires the department to define emergencies on department forest lands over which the chief state forester would have management authority. This rule provides additional authority to the chief state forester to properly respond to forest health emergencies. For example, we are now faced with the threat of invasion by the emerald ash borer, a foreign pest which kills all ash trees it attacks. The only treatment currently available to eradicate pioneering colonies of the borer is to cut down and destroy all infested ash as well as all ash within a
½ mile which are potentially infested though may not show any signs of infestation. This appropriate response might be hindered by s.
26.30 (2), Stats., prohibiting the department from using silvicultural methods, such as the selective cutting described here, to control forest pests. The proposed rule would allow an exception to use silvicultural methods only on department managed forest lands. This proposed rule would also allow the chief state forester to take actions in response to emergencies that might be at odds with the master plan for a property. For example, early harvest of a stand badly damaged by a tornado.
Statutory Authority
This rule is being developed in response to a requirement of the legislature in
2005 WI Act 166, section
23.114, Stats.
Entities Affected by the Rule
Businesses and individuals that harvest wood from, as well as users of, state lands could be affected either positively or negatively depending on the circumstances and response to the emergency. The complexity of the potential impacts makes developing a procedure to involve the input from affected or involved parties an important component of this rule.
Comparison with Federal Regulations
The drafter is not aware of any existing or proposed federal regulations that are similar to this proposed rule.
Estimate of Time Needed to Develop the Rule
We estimate it will take 40 hours of staff time to finalize the rule text. Public review hearings have already been completed.
Contact Person
Andrea Diss-Torrance
Plant Pest & Disease Specialist
Division of Forestry
Phone: (608) 264-9247
Natural Resources
Fish, Game, etc., Chs.
NR 1—
Subject
Revising ch.
NR 47, relating to the public access grant program.
Objective of the Rule
The 2007-09 Biennial Budget
(2007 Wis. Act 20) authorizes and requires the creation of rules for an Outdoor Recreational Activities Land Acquisition Grant Program with funding of $1,000,000 annually.
The grant program would provide grants to cities, villages, towns, counties, non profit conservation organizations and to DNR for the purpose of acquiring conservation easements or purchasing land for approved outdoor recreational activities including hunting, fishing, hiking, sightseeing, cross-country skiing, and other compatible uses. Funding for this program comes from Managed Forest Law (MFL) lands closed to public access acreage fees.
Policy Analysis
The Department has been directed in
2007 Wis. Act 20 to promulgate rules for the public access grants program. Rule development will include:
Developing a priority system to evaluate applications.
2007 Wis. Act 20 identifies the following priorities to be developed in rule:
1. A requirement that the board give higher priority to counties over other grant applicants in awarding grants under this section.
2. A requirement that, in awarding grants to counties under this section, the board gives higher priority to counties that have higher number of acres that are designated as closed under the MFL program.
3. A requirement that, in awarding grants to towns under this section, the board gives higher priority to towns that have a higher number of acres that are designated as closed under the MFL program.
4. A requirement that no grant may be awarded under this section without it being approved by the board of each county in which the land to be acquired is located.
5. Requirements concerning the use of sound forestry practices on land acquired under this section.
Evaluating whether a minimum length of time should be established in which grantees would be required to keep (not sell) the property if acquired using these funds to include a requirement to return some or all of the funds if this time frame is not met.
Investigating options for when grantees determine that it is no longer desirable to hold lands or interests in lands acquired with these funds.
Establishing a system for record keeping
Establish a grant application time frame and process.
Evaluating whether rules should be consistent with other related programs (Forest Legacy, Stewardship Fund).
