B.   LTE cost savings of $22,900 (1040 hours x $22/hr = $22,880) for no longer having to review the quality control of the documents before sending them to the third-party contractor that converts paper copy submittals to the Department's electronic database.
C.   Contractual savings of $45,000 for no longer needed to contract with a third-party entity for paper-to-electronic information conversion.
D.   Postage savings of $6,000.
E.   LTE cost savings of $22,900 (1040 hours x $22/hr = $22,880) for no longer having to scan WPDES facility plans and specifications to electronic copies for our database.
In total, annual cost savings are estimated to be $103,100. State expenditures for staff will not increase to cover the program revisions, and there will be no reduction in state revenues associated with state cost decreases.
For Plans and Specification submittals, most facilities hire consultants to do this work and they should have a computer or they could scan the documents and submit a CD of the plans with their paper copy submittal. Minor costs may be passed on to the permittee for this additional service.
All municipal WPDES permittees (979) are currently submitting their Compliance Maintenance Annual Report (CMAR) electronically as part of NR 208; therefore, this rule change has no fiscal effect at the local government level.
The proposed rule package would require all industrial permittees to submit monthly reports electronically to our database.
A.   One-Time Costs
1.   The Department estimates that 50 industrial permittees do not have a computer and will be required to incur one-time costs to buy a computer. Estimated costs for the computer are $1,500 x 50 facilities = $75,000.
2.   Once the industrial permittees go on-line and begin electronic report submittals, the Department estimates that they will achieve overall postal cost savings of $1,200 in the first year.
B.   Annualized Costs
1.   Annualized internet access costs for a new computer user to prepare electronic submittals are based on the estimated use per year: $360 year/facility x 50 facilities = $18,000.
2.   Form completion costs should be the same as sending in a paper copy. It is estimated that it will take the same amount of time for the operator to fill out an electronic submission as they spend on a paper copy.
State fiscal effect
Decrease costs.
Local government fiscal effect
Fund sources affected
Agency Contact Person
Susan Sylvester
Phone:   608-266-1099
Fax:   608-267-2800
Notice of Hearing
Public Instruction
NOTICE IS HEREBY GIVEN That pursuant to ss. 118.38 (2) (bm) and 227.11 (2) (a), Stats., the Department of Public Instruction will hold a public hearing as follows to consider emergency and proposed permanent rules creating section PI 8.01 (4), relating to waiver of school hours.
Hearing Information
The hearing will be held as follows:
Date and Time   Location
February 1, 2010   Madison
1:00 - 3:00 p.m.   GEF 3 Building
  125 South Webster Street
  Room 041
The hearing site is fully accessible to people with disabilities. If you require reasonable accommodation to access any meeting, please call Paul Sandrock, Director, Content and Learning, (608) 267-3726 or leave a message with the Teletypewriter (TTY) at (608) 267-2427 at least 10 days prior to the hearing date. Reasonable accommodation includes materials prepared in an alternative format, as provided under the Americans with Disabilities Act.
Copies of Rule and Contact Person
The administrative rule and fiscal note are available on the internet at http://dpi.wi.gov/pb/rulespg.html. A copy of the proposed rule and the fiscal estimate also may be obtained by sending an email request to lori.slauson@dpi.wi.gov or by writing to:
Lori Slauson, Administrative Rules and Federal Grants Coordinator
Department of Public Instruction
125 South Webster Street
P.O. Box 7841
Madison, WI 53707
Submission of Written Comments
Written comments on the proposed rules received by Ms. Slauson at the above mail or email address no later than February 5, 2010, will be given the same consideration as testimony presented at the hearing.
Analysis Prepared by Department of Public Instruction
Statute interpreted
Sections 115.01 (10 ) (a) 2. and 3. and 118.38 (2) (bm), Stats.
Statutory authority
Sections 118.38 (2) (bm) and 227.11 (2) (a), Stats.
Explanation of agency authority
Section 118.38 (2) (bm), Stats., requires the department to promulgate rules establishing criteria for waiving the requirement to schedule at least the number of hours of direct pupil instruction specified under s. 121.02 (1) (f) 2., Stats., if school is closed by order of a local health officer, department of health services, or school district administrator under s. 115.01 (10) (a) 2. or 3., Stats.
Section 227.11 (2) (a), Stats., gives an agency rule-making authority to interpret the provisions of any statute enforced or administered by it, if the agency considers it necessary to effectuate the purpose of the statute.
Related statute or rule
Section 121.02 (1) (f) 2., Stats.
Plain language analysis
2009 Wisconsin Act 42 allows school boards to meet the 180 school day requirement by including the following in the definition of “school day": 1) a school district administrator closing a school due to a threat to the health or safety of pupils or school personnel, unless the school board determines otherwise (this does not include days closed due to inclement weather) and 2) the department of health services (in addition to a local health officer) closing a school.
Notwithstanding these provisions, a school board must still provide the required number of instructional hours under s. 121.02 (1) (f) 2., Stats. Thus, the Act requires the department to promulgate rules establishing criteria for waiving the required number of hours of direct pupil instruction if a school is closed for either reason stated above.
As required in the Act, the proposed rules will establish criteria for waiving the requirement to schedule at least the number of hours of direct pupil instruction specified under s. 121.02 (1) (f) 2., Stats., to address either of the above scenarios.
Comparison with federal regulations
Comparison with rules in adjacent states
Illinois, Iowa, Michigan, and Minnesota do not have rules relating to school hours or waiving of school hours.
Summary of factual data and analytical methodologies
The information required in the rule is typical of information requested from school districts that have requested waivers from the school hour standard requirement under s. 121.02 (1) (f) 2., Stats.
Analysis and supporting documents used to determine effect on small business
Anticipated costs incurred by private sector
Small Business Impact
The proposed rules are not anticipated to have a fiscal effect on small businesses as defined under s. 227.114 (1) (a), Stats.
Fiscal Estimate
The proposed rules establish criteria for waiving the requirement to schedule at least the number of hours of direct pupil instruction specified under s. 121.02 (1) (f) 2., Stats., if a school is closed by a school district administrator, the Department of Health Services, or the local health officer under s. 115.01 (10) (a) 2. or 3., Stats.
State fiscal effect
The costs associated with administering requests for these waivers will be absorbed by the department.
Local government fiscal effect
School districts may, but are not required to, apply for a waiver for the required number of hours of direct pupil instruction. The application procedures should not have a fiscal effect. The fiscal effect on a district that receives an approved waiver is indeterminate.
Agency Contact Person
Deborah Mahaffey, Assistant State Superintendent
Division for Academic Excellence
Phone: (608) 266-3361
Notice of Hearing
NOTICE IS HEREBY GIVEN That pursuant to ss. 41.16 and 227.11 (2), Stats., the Department of Tourism will hold a public hearing on the proposed rule order to create Chapter Tour 3 relating to grants to municipalities and organizations for regional tourist information centers created under 2009 Wisconsin Act 28.
Hearing Information
Date:   February 1, 2010
Links to Admin. Code and Statutes in this Register are to current versions, which may not be the version that was referred to in the original published document.