Scope Statements
Employee Trust Funds
Subject
Revises Chapter
ETF 10, regarding the election of persons to the Teachers Retirement Board and Employee Trust Funds Board.
Objectives of the Rule
ETF seeks to clarify the Secretary's authority under s.
40.03 (2) (p), Stats., to choose alternate means of holding elections of members to the Teachers Retirement Board and Employee Trust Funds Board. We plan additional changes to the rule for the simplification of the elections provisions.
Policy Analysis
1. Clarify statutory authority of the ETF Secretary to hold board elections in any reasonable manner, including by electronic means.
When warranted, holding board elections electronically can promote efficiency and minimize costs. It is clear that the Secretary has authority under s.
40.03 (2) (p), Stats., to choose the means of holding board elections. However, the provisions in the existing administrative rule contemplate only a paper-based board election process. The anticipated changes to the rule would provide that the Secretary may choose to hold a board election using a paper-based process, electronically by use of the Internet, by a combination of methods or by any other reasonable means.
ETF desires to review the election process in the current rule with the general goal of making the provisions in Wis. Adm. Code s.
ETF 10.10 more understandable and eliminating provisions that create inefficiencies.
Statutory Authority
Comparison with Federal Regulations
Elections to the Teachers Retirement Board and Employee Trust Funds Board are exclusively a matter of state law and are not governed, or affected, by federal regulations.
Entities Affected by the Rule
The new rules will affect participants and annuitants who run for membership in board elections, as well as the manner in which participants and annuitants cast ballots during board elections.
Estimate of Time Needed to Develop the Rule
State employees will spend an estimated 50 hours to develop these rules.
Natural Resources
Fish, Game, etc., Chs.
NR 1—
Subject
Revises Chapter
NR 10, Wis. Adm. Code, relating to game and hunting and the use of archery deer hunting licenses.
Objectives of the Rule
Currently, each license which authorizes archery deer hunting includes one carcass tag that is valid for taking an antlered buck in any management unit and one tag which is valid for one antlerless deer in any management unit. This proposal would limit the areas where the antlerless carcass tag is valid to only management units for which an antlerless deer harvest quota has been established.
Policy Analysis
The harvest of antlerless deer is managed by the department in order to achieve overwinter goals established in s.
NR 10.104, Wis. Adm. Code. In management units where the deer population is below goal, the department may restrict antlerless deer harvest or establish an antlerless quota of zero. When the quota is zero only archers, first year hunter safety graduates, and disabled permit holders are allowed to harvest antlerless deer.
Eliminating archery hunter's ability to harvest antlerless deer in zero quota units would make regulations more consistent between the firearm and archery seasons and the reduced antlerless harvest will help to achieve overwinter goals by allowing additional population growth.
Statutory Authority
Comparison with Federal Regulations
Federal regulations allow states to manage the wildlife resources located within their boundaries provided they do not conflict with regulations established in the Federal Register. None of these rule changes violate or conflict with the provisions established in the Federal Code of Regulations.
Entities Affected by the Rule
Deer hunters are primary people who will be impacted by and interested in this proposal.
Estimate of Time Needed to Develop the Rule
48 hours.
Contact Information
Scott Loomans
101 S. Webster St.
Madison, WI 53707
Phone: (608) 267-2452
Natural Resources
Environmental Protection — Wisconsin Pollutant Discharge Elimination System, Chs.
NR 200—
Subject
Revises Chapter
NR 216, relating to storm water discharge permits.
Objectives of the Rule
The Department of Natural Resources is proposing to revise Chapter
NR 216 pertaining to the state's storm water discharge permits program to address the transfer of regulating construction sites from the Department of Commerce to the Department of Natural Resources as directed by
2009 Act 28, adjust the permit fees, clarify language, and update certain provisions.
Policy Analysis
Transfer of Regulatory Authority for Commercial Building Sites - COMM 60
Prior to the adoption of
2009 Wisconsin Act 28, erosion control at public buildings and buildings that are places of employment (“commercial buildings") were regulated by the Department of Commerce under s.
101.1205, stats., and Chapter COMM 60, Wis. Adm. Code. Act 28 transferred that authority from Commerce to the Department. The Department is required by Act 28 to develop administrative rules to implement the transfer of this authority from Commerce.
Permit Fees
Under s.
283.33 (9) (b), Stats., the Department is required to establish storm water permit fees based on the costs associated with each type of permit. Increases in fees for industrial, municipal, and construction site storm water permits are needed to fulfill the statutory requirement to support the permit program. Funding projections indicate that there will be a significant deficit in FY 2011 with effects on availability of technical assistance, permit reviews and compliance efforts.
Water Quality
Additional revisions may be needed to address antidegradation, impaired waters, total maximum daily loads, discharges to outstanding and exceptional resource waters, and other water quality issues.
Finally, “housekeeping" revisions and other revisions may be needed to ensure consistency with other water quality or WPDES rules.
Statutory Authority
Comparison with Federal Regulations
The counterpart existing Federal regulation is Title 40 of the Code of Federal Regulations Part 122. These regulations require storm water permit coverage for construction sites where an acre or more of land disturbance will occur. For construction sites for public buildings and buildings that are places of employment, storm water permit application processing and erosion control was administered by the Wisconsin Department of Commerce through COMM 60, Wis. Adm. Code, prior to the transfer of these sites to the DNR by
2009 Act 28. With this change, all erosion control and storm water management regulation is the responsibility of the DNR except at one and two family dwellings.
Entities Affected by the Rule
Entities likely to be impacted or interested in the issues of this rule revision include regulated municipalities and industries, owners of regulated construction sites, environmental organizations, and state and Federal agencies.
Estimate of Time Needed to Develop the Rule
Approximately 728 hours of staff time.
Contact Information
Russell Rasmussen, Director
Bureau of Watershed Management
Phone: (608) 267-7651
Workforce Development
Subject:
Revises Chapter
DWD 295, relating to procedures for the creation, assignment and enforcement of apprentice contracts.
Objectives of the Rule
On October 26, 2008, the US Department of Labor published
29 CFR 29 (Volume 29 of the Code of Federal Regulations, Part 29) in the Federal Register.
29 CFR 29 is a final rule designed to modernize the National Apprenticeship System. This rule, which took effect on December 29, 2008, provides State Apprenticeship Agencies with up to two additional years to implement the required changes in order to continue federal recognition of Wisconsin's apprenticeship program. Bills (AB 797 and SB 586) have been introduced in the Legislature to make conforming changes to the statutory provisions on apprenticeship, such as changing the term “indenture" to “apprentice contract." DWD is now considering a proposed rule in order to make similar conforming and updating changes to the rules of the state apprenticeship program.
Policy Analysis
The fundamental procedures of the federal and state apprenticeship programs, which primarily involve training standards for apprentices and the creation, assignment and enforcement of apprentice contracts, are not changing. The proposed rule will contain amendments to update the content and terminology of the state apprenticeship rule and bring it into conformance with the new federal regulation and the related changes proposed in AB 797 and SB 586. The only significant policy alternative would be to do nothing, which could lead to conformity questions due to some of the changes in terminology contained in the federal regulation and the proposed state legislation. It is clear that the best course is to update the rule in a manner that is consistent with the federal regulation and the proposed state legislation.
Statutory Authority
Comparison with Federal Regulations
The relationship of the federal regulation on apprenticeship,
29 CFR 29, to this rulemaking proposal is described in paragraph 1.
Entities Affected by the Rule
State and local apprenticeship committees, employers, unions and other individuals and organizations which participate in the state apprenticeship program.
Estimate of Time Needed to Develop the Rule
120 hours.
Contact Information
Karen Morgan, Director
DWD Bureau of Apprenticeship Standards
Phone: (608) 266-3133
Howard Bernstein, DWD Legal Counsel
Dept. of Workforce Development
Phone: (608) 266-9427
