NOTICE IS HEREBY GIVEN THAT pursuant to ss.
227.16 and
227.17, Stats, the Department of Natural Resources, hereinafter the Department, will hold a public hearing on emergency rules and proposed permanent rules revising Chapters
NR 335 and
336, relating to implementation of the Municipal Dam Grant Program and the Dam Removal Grant Program.
The proposed revisions relate to providing grants for dam safety projects for municipally owned dams, grants for any dam owner to removal a dam they no longer want to maintain and any person to removal an abandoned dam as provided under s.
31.385, Stats.
Hearing Information
Date and Time Location
April 15, 2010 WI DNR Building (GEF 2)
Thursday Room 413
at 1:30 PM 101 S. Webster Street
Madison, WI
Reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Contact Eileen Trainor in writing at the Department of Natural Resources, Bureau of Community Financial Assistance (CF/2), 101 S Webster, Madison, WI 53707; by E-mail to
eileen.trainor@wisconsin.gov ; or by calling (608) 267-0848. A request must include specific information and be received at least 10 days before the date of the scheduled hearing.
Copies of the Emergency Rule, Proposed Permanent Rule and Fiscal Estimate
The emergency rule, proposed permanent rule and supporting documents, including the fiscal estimate, may be viewed and downloaded from the
Administrative Rules System Web site which can be accessed through the link provided on the Municipal Dam Grant Website at
http://dnr.wi.gov/org/caer/cfa/Grants/dammaint. html. If you do not have Internet access, a printed copy of the emergency rule, proposed permanent rule and supporting documents, including the fiscal estimate, may be obtained free of charge by contacting Eileen Trainor, Department of Natural Resources, Bureau of Community Financial Assistance (CF/2), 101 S. Webster St, Madison, WI, 53703, or by calling 608.267.0848.
Submission of Written Comments
Comments on the proposed rule must be received on or before Friday, April 16, 2010. Written comments may be submitted by U.S. mail, fax, or E-mail and will have the same weight and effect as oral statements presented at the public hearing. Written comments and any questions on the proposed rules should be submitted to:
Meg Galloway
Department of Natural Resources
Bureau of Air Management (AM/7)
101 S Webster St, Madison, WI 53703
Phone: (608) 266-7014
Fax: 608.267.2800
Analysis Prepared by Department of Natural Resources
Statute interpreted
Statutory authority
Explanation of agency authority
Section
227.11 (2) (a), Stats., gives state agencies general rule-making authority. Section
31.385 (1m), Stats., directs the department to promulgate rules to administer a financial assistance program for dam safety projects and s.
31.385 (4), Stats., directs the department to promulgate rules to establish a dam grant inventory and notice and hearing procedure to place dams on the inventory. The rules must provide grants to municipalities and Lake Districts for maintenance, repair, reconstruction, and removal of dams, to private dam owners for the removal of their dams and any person for the removal of abandoned dams.
Related statute or rule
These rules assist the department in achieving the statutory goals of Chapter
31, Stats., which vests the Department with the responsibility to regulate dams and promote safety and protect life and property from unsafe dams. The grant programs provide funding to dam owners to address safety deficiencies at dams. There are no other similar rules that address these issues.
Plain language analysis
The objectives of the revisions to ch.
NR 335 and ch.
NR 336 are to implement changes to enabling legislation. The rule changes can be divided into two broad categories:
•
Incorporate statutory changes into the existing grant codes:
⍽ increases the maximum level of state contribution allowed under the grant programs from $200,000 to $400,000
⍽ varies the state contribution percentage for dam repair and reconstruction projects, depending on the size of the projects
⍽ increases the percentage of state contribution to 100% up to the maximum grant award for dam removal projects
⍽ eliminates statutory definition of “small dam" for dam removal grants
⍽ provides for an inventory of dam safety projects with a notification for dam owners
⍽ changes the definition of large dam to match change in s.
31.19, Stats.
⍽ allows for cost effective, non construction activities that increase the safety of a dam
•
Facilitate investing the $4 million allocation of bonding for the program
⍽ grants greater flexibility for implementation of a grant application cycle
⍽ adjusts code timelines and better defines application requirements to address past implementation difficulties and assure more applications can be deemed complete
⍽ sets additional criteria for ranking applications and allows for adjustment to the ranking procedures outside of Administrative Code process
⍽ allows for the addition of a variance clause which would facilitate the implementation and administration of NR 335
⍽ makes it easier applicants to the Municipal Dam Grant program to pair the grant with other, outside funding sources
⍽ corrects incorrect definitions and statute citations
⍽ clarifies that state agencies may use the grants to remove abandoned dams
⍽ clarifies that an owner can only submit one application at a time per dam for funding under NR 335 and cannot get a grant for the same dam under NR 335 and NR 336 in the same year
Comparison with federal regulations
The U.S. Department of Agriculture, Natural Resource Conservation Service (NRCS) has a cost sharing program for the rehabilitation of dams built under Public Law 566. Funding for this federal program is limited but if a dam owner is successful in obtaining funding from both programs the state grant would help the county pay their 35% local cost share requirement under the federal program. There are also a number of federal programs which fund dam removal and stream restoration, including programs from U.S. Fish and Wildlife Service, NRCS and the National Oceanic and Atmospheric Administration. These programs have been used in conjunction with grants awarded under NR 336 in the past. The programs are complimentary and pairing of the finding sources allows grant funds to go toward more projects.
Comparison with rules in adjacent states
No similar programs in Illinois, Iowa, Michigan and Minnesota.
Summary of factual data and analytical methodologies
None.
Analysis and supporting documents used to determine the effect on small business
No formal analysis was completed as the existing rule does not significantly impact small business, therefore the propose revisions to the rules will have not impact to small business.
Preparation of an economic impact report was not requested.
Small Business Impact
The proposed rule revisions are not expected to have a significant economic impact on small business because no new regulations are imposed on them. If a small business did own a dam the rules provide an opportunity for financial assistance for removing the dam if the business chose to do so.
Environmental Analysis
The Department has made a preliminary determination that adoption of the proposed rules would not involve significant adverse environmental effects and would not need an environmental analysis under ch.
NR 150, Wis. Adm. Code. However, based on comments received, an environmental analysis may be prepared before proceeding. This analysis would summarize the Department's consideration of the impacts of the proposal and any reasonable alternatives.
Fiscal Estimate
Summary
The proposed changes incorporate recent changes with no fiscal impact to state and local governments, and no anticipated significant fiscal impact to the private sector.
State fiscal effect
No state fiscal effect.
The 2009-2011 Budget Bill,
2009 Wisconsin Act 28, did not provide additional staff or funding for administering the dam grant programs, therefore, the costs associated with handling the additional demand for dam grants will be absorbed with existing staff and within the existing budget. It is assumed that the $4 million in bonding will be allocated as soon as possible. Assuming an 8% annual amortization rate, the allocation of the bonding will result in an annualized costs of $320,000 in bonding repayments. However, these costs will occur regardless of the action on this rule package, so these costs are included in this fiscal note for information purposes only.
Local fiscal effect
Decrease costs; permissive.
The rule package makes it easier for municipalities, lake districts, and persons who own the dam to leverage grant funds and thus provides a greater financial incentive to apply for grants.
Types of local governmental units affected
Towns, Villages, Cities, Counties, Lake Districts, Tribes.
Agency Contact Person
Meg Galloway
Department of Natural Resources
Bureau of Air Management (AM/7)
101 S Webster St, Madison, WI 53703
Phone: (608) 266-7014
Fax: 608.267.2800
Notice of Hearing
Natural Resources
Environmental Protection — Air Pollution Control, Chs. NR 400—
NOTICE IS HEREBY GIVEN THAT pursuant to ss.
227.16 and
227.17, Stats, the Department of Natural Resources, hereinafter the Department, will hold a public hearing on proposed amendments to sections
NR 433.05 and
433.06, relating to implementation of best available retrofit technology for the protection of visibility in mandatory class
I federal areas. The proposed amendments relate to issues for State Implementation Plan approvability, and the State Implementation Plan developed under s.
285.11 (6), Stats., will be revised.
Hearing Information
Date and Time Location
April 26, 2010 WI DNR Building (GEF 2)
Monday Room G09
at 1:30 PM 101 S. Webster Street
Madison, WI
Reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Contact Robert Eckdale in writing at the Department of Natural Resources, Bureau of Air Management (AM/7), 101 S Webster, Madison, WI 53703; by E-mail to
Robert.Eckdale@wisconsin.gov; or by calling (608) 266-2856. A request must include specific information and be received at least 10 days before the date of the scheduled hearing.
Copies of the Proposed Rule and Fiscal Estimate
The proposed rule and supporting documents, including the fiscal estimate, may be viewed and downloaded from the
Administrative Rules System Web site which can be accessed through the link provided on the Proposed Air Pollution Control Rules Calendar at
http://www.dnr.state.wi. us/air/rules/calendar.htm. A printed copy of the proposed rule and supporting documents, including the fiscal estimate, may be obtained free of charge by contacting Robert Eckdale, Department of Natural Resources, Bureau of Air Management (AM/7), 101 S. Webster St, Madison, WI, 53703, or by calling (608) 266-2856.