Long-range fiscal implications
None
Notice of Hearing
Natural Resources
Fish, Game, etc., Chs.
NR 1—
NOTICE IS HEREBY GIVEN that the Department of Natural Resources will hold a public hearing on amendments to sections
NR 47.007 (1) and
47.008 (1) and the creation of subch. XII of chapter NR 47, Wis. Adm. Code, relating to the administration of the urban forestry catastrophic storm grant program.
Hearing Information
NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:
July 15, 2008 Room G09
Tuesday DNR State Office Building
at 10:30 a.m. 101 South Webster Street
Madison
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Candice Sovinski at (608) 267-3775 with specific information on your request at least 10 days before the date of the scheduled hearing.
Submission of Written Comments, Agency Contact and Copies of Proposed Rule
The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet sites:
http://adminrules.wisconsin.gov or
http://dnr.wi.gov/ org/legal/adminrules.html. Written comments on the proposed rule may be submitted via U.S. mail to Ms. Candice Sovinski, Bureau of Forest Management, P.O. Box 7921, Madison, WI 53707 or submitted by fax to (608) 266-8576. Comments may be submitted until July 22, 2008. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearing. A personal copy of the proposed rule and fiscal estimate may be obtained from Ms. Sovinski.
Analysis Prepared by the Department of Natural Resources
Statutory authority
Statutes interpreted
Plain language summary
2007 Wisconsin Act 13 gives the department the authority to provide urban forestry grants to meet communities' needs for repair, removal and replacement of trees following a catastrophic storm event for which the Governor has designated a state of emergency. Act 13 allows for a portion of the current urban forestry grant appropriation be used to fund no-match catastrophic storm grants in an expedited manner for Governor-declared disasters in urban or developed areas of the state.
To accomplish this, the proposed rule will update the general provisions section on grant termination and enforcement and create a new subchapter for the urban forestry catastrophic storm grants which will establish eligibility, application procedures, eligible costs for payment, the grant selection process and the required supporting documentation for the urban forestry catastrophic grant program.
Initial Regulatory Flexibility Analysis
Pursuant to s.
227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses. The Department's Small Business Regulatory Coordinator may be contacted at
SmallBusiness@dnr.state. wi.us or by calling (608) 266-1959.
Environmental Analysis
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.
Fiscal Estimate
Summary
The Department of Natural Resources (DNR) administers a grant program under which counties, cities, villages, towns, tribal governments and nonprofit organizations receive grants of up to 50 percent of the cost for projects relating to tree management such as development of management plans, ordinances, and tree inventories.
2007 Act 13 authorized the DNR to award grants to any of the aforementioned entities for the costs of removing, repairing, or replacing trees damaged in a catastrophic storm event in an urban area for which the governor has declared a state of emergency.
2007 Act 13 allows the department to provide grants covering 100% of the costs for this purpose.
Assumptions
Since 1990, there has been, on average, one storm annually where the Governor has designated a state of emergency for an area. The Department estimated that grants totalling as much as $106,000, or up to 20% of the total current appropriation for urban forestry grants, and up to $50,000 each, would be made available annually to local governments, tribes and nonprofit organizations in communities suffering a storm event that leads to a declaration of emergency by the Governor. Funding for the proposed grants will come from the existing funding appropriated for the urban forestry grant program, which is currently approximately $529,900 annually.
State fiscal effect
Increase in costs that may be possible to absorb within agency's budget.
Local fiscal effect
No local government costs. Increase revenues - permissive.
Types of local governmental units affected
Towns, villages, cities, counties, tribes, NCOs
Fund sources affected
SEG
Affected chapter 20 appropriations
Long-range fiscal implications
It is difficult to predict the future demand for urban forestry catastrophic storm grants. However, should the demand for these grants be high, the repetitive diversion of funds would decrease the number of urban forestry grants to communities by 20%, or an estimated 8 to 10 grants each year.
Notice of Hearing
Natural Resources
Environmental Protection - General, Chs.
NR 100—
NOTICE IS HEREBY GIVEN that the Department of Natural Resources will hold public hearings on revisions to Chapters
NR 190,
191,
195 and
198, Wis. Adm. Code, relating to aquatic invasive species prevention and control grants.
Hearing Information
NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:
July 22, 2008 Conference Room
Tuesday DNR West Central Region Hdqrs.
at 7:00 p.m. 1300 W. Clairemont
Eau Claire
July 23, 2008 Conference Room
Wednesday DNR Northern Region Hdqrs.
at 7:00 p.m. 810 W. Maple Street
Spooner
July 29, 2008 Conference Room
Tuesday DNR Northern Region Hdqrs.
at 7:00 p.m. 107 Sutliff Avenue
Rhinelander
July 30, 2008 Conference Room
Wednesday DNR Service Center
at 7:00 p.m. 625 E. County Road Y, Suite 700
Oshkosh
August 5, 2008 Conference Room
Tuesday Watertown Public Library
at 6:00 p.m. 100 S. Water Street
Watertown
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Carroll Schaal at (608) 261-6423 with specific information on your request at least 10 days before the date of the scheduled hearing.
Submission of Written Comments, Agency Contact and Copies of Proposed Rule
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 Mr. Carroll Schaal, Bureau of Watershed Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until August 29, 2008. 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. Schaal.
Analysis Prepared by the Department of Natural Resources
Statutory authority
Statutes interpreted
Plain language summary
In 2004, the Department promulgated ch.
NR 198 for a cost share program for assisting public and private entities in controlling aquatic invasive species.
2007 Wisconsin Act 20 increased the cost share rates, removed priority for local government sponsors and increased the allocation of $2.8 million annually. The proposed revisions to ch.
NR 198 incorporate the new statutes and make additional changes that include larger maximum grant awards, an expanded list of potential sponsors, create incentives and priorities for projects that integrate aquatic invasive species control with other environmental protections and allows communities that are successfully and compliantly managing existing populations of aquatic invasive species to recoup their aquatic plant management permit fees.
Additional changes that increase the value of donated labor, used for local match, from $8 to $12 and require application materials to be submitted in electronic format in ch.
NR 198 are also proposed for the closely related lake and river grant programs in chs.
NR 190,
191 and
195 for needed uniformity.
Initial Regulatory Flexibility Analysis
Pursuant to s.
227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses. The Department's Small Business Regulatory Coordinator may be contacted at
SmallBusiness@dnr. state.wi.us or by calling (608) 266-1959.
Environmental Analysis
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.
Fiscal Estimate
Summary
The proposed rule makes changes to the aquatic invasive species (AIS) grants program as a result of changes that were included in
2007 Act 20, the 2007-09 biennial budget act. The changes in the package include the following:
1. Increasing the cap on the state cost-share rate from 50% to 75%.
2. Deleting a requirement that grants be awarded to local units of government.
3. Increasing the maximum amount of dollars (i.e. grant cap) that can be awarded for a grant.
4. Increasing the value for volunteer labor that can be used as local match and require electronic applications. (These changes are proposed for NR 190 Lake Management Planning, NR 191 Lake Protection and Classification Grants, and NR 195 River Protection Grants, too).
5. Establishing a new category of AIS grants that reimburses grantees for maintenance costs that are incurred while managing established infestations of aquatic invasive species, and a new category describing how research and demonstration projects can be developed and proposed.
6. Allowing a cash advance for early detection and rapid response projects.
7. Expanding sponsorship to include universities, colleges and technical schools, hydro-electric corporations and other branches of state and federal government that manage lands or natural resources.
8. Broadening the definition of a nonprofit conservation organization (NCO).
9. Adding priorities and incentives for projects that integrate with pollution control, habitat protection and that use a bidding process to develop their budget.
State fiscal effect
Increase in costs that may be possible to absorb within agency's budget.
Although a rule change is required, item 1 above has already been implemented by the Department because the change has already been made in statute by Act 20. Items 2 through 9 above are expected to generate additional demand for AIS grants by an amount that cannot be specifically estimated. In addition, since Act 20 did not provide additional staff or funding for administering the AIS grant program, the costs associated with handling the additional demand for AIS grants will be absorbed with existing staff and within the existing budget.
Local fiscal effect
Increase revenues - permissive.
The rule makes it easier for local units of government to leverage grant funds and thus provides a greater financial incentive for local units to apply for grants.
Types of local governmental units affected
Towns, villages, cities, counties, lake districts, school districts
