CR 10-059, DNR # DG-25-10
NR 856 — Water Use Registration and Reporting
Plain language analysis
This rule rescinds a portion of an existing rule related to registration of water withdrawals and creates a new rule that clarifies and further defines new statewide statutory requirements for withdrawals of waters of the state and diversions of water from the Great Lakes Basin. The new law requires the following:
1. Registration for any person who has or proposes to have a water supply system with the capacity to withdraw 100,000 gallons per day or more in any 30-day period or who diverts water in any amount from the Great Lakes Basin.
2. Annual reporting for any person who makes a withdrawal in excess of 100,000 gallons per day or more in any 30-day period or who diverts any amount from the Great Lakes Basin.
The rule sets forth definitions, procedures and information requirements for registrations, procedures for amending and terminating registrations, methods for measuring withdrawals, and procedures for annual reporting.
Comparison with federal regulations
There are no comparable federal regulations pertaining to water withdrawals. However, in passing the Great Lakes – St. Lawrence River Basin Water Resources Compact (Compact), each of the Great Lakes states now have similar regulations requiring the registration and permitting of certain levels of water withdrawals within the Great Lakes Basin.
Summary of factual data and analytical methodologies
Published scientific literature and manuals were used as the basis for developing the withdrawal measurement standards. Existing state statutes, department rules, and department procedures were used to guide the development of the registration and reporting process.
Analysis and supporting documentation used to determine rule's effect on small business
Any person with a water supply system with the capacity to make a withdrawal from the waters of the state of 100,000 gallons per day is required to register. In addition, any person who makes a withdrawal averaging 100,000 gallons per day or more in any 30-day period must also report their water withdrawals to the department annually. To comply, small businesses follow the same requirements as other persons who withdraw water. The registration and reporting requirements are straightforward and can be accomplished by most individuals with no specific professional background.
Comparison with rules in adjacent states
The following table compares regulatory requirements for water withdrawals in adjacent states.
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Wisconsin
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Illinois
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Iowa
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Michigan
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Minnesota
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Registration
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Registration is required for persons with the capacity to withdraw an average of 100,000 gallons per day or more in any 30-day period.
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An allocation
permit is required for withdrawals from the Lake Michigan Basin.
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Water use permits are required of any person or entity that withdraws at least 25,000 gallons
in a 24-hour period during any calendar year.
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Registration is required for a new withdrawal averaging over 100,000 gallons per day in any 30-day period or an increase averaging over 100,000 gallons per day in any 30-day period beyond the baseline capacity of a withdrawal.
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Water Use permits are required for withdrawals greater than or equal to 10,000 gallons per day
or 1 million
gallons per year from surface or groundwater.
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Reporting
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Monthly water withdrawal volumes are reported annually by March 1 for withdrawals averaging 100,000 gallons per day or more in any 30-day period.
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Annual reporting is required for
all withdrawals from the Lake Michigan basin and statewide for withdrawals over 100,000 gallons per day.
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Monthly water withdrawal volumes are reported by all water use permit holders annually by
January 31.
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Monthly water withdrawal volumes are reported by all registrants annually by April 1.
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Monthly water withdrawal
volumes are reported by all water use permit holders annually by February 15.
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Small Business Impact
This rule will affect small businesses that supply their own water with water supply systems that have the capacity to withdraw over 100,000 gallons per day. Small businesses, like other entities that are affected by this rule, will have to determine the amount of water used on a monthly basis and report that water use annually. Small businesses that receive water solely from a public water supply will not be impacted by this rule. Specific standards will provide clarity and consistency in the registration and reporting process.
Pursuant to s.
227.114, Stats., it is not anticipated that the proposed rules will have an economic impact on small businesses.
Environmental Impact
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
State fiscal impact
Annual Costs:
All costs that the Department will incur are the result of the registration and reporting requirements enacted in
2007 Wisconsin Act 227.
Annual costs to the Department are expected to increase by an estimated $145,700 for salary, supplies, and related expenditures. This estimate is based upon the following expected costs associated with administering the new requirements:
1) Salary and fringe for 2.0 FTEs classified as Water Supply Specialists at an estimated cost of approximately $136,200 [2,080 hours x $32.73/hour (salary and fringe) x 2 FTE]. The FTEs will provide compliance assistance, develop information and education materials, review and accept registration submittals, review reporting information, prepare summary reports and analysis, investigate complaints and non-compliance with the rules, and maintain the data system.
2) Travel and supply costs of $6,000 ($3,000 x 2 FTE). The travel will include field investigations of complaints and non-compliance and travel associated with providing training and customer service to the regulated community.
3) Database/IT costs of $3,500 (50 hours x $70/hour) for an outside contractor to maintain the data system and online registration and reporting system.
One-Time Costs:
One time costs are estimated to be $128,650. These costs are for developing a database and online system to accept registration and reporting information. This includes computer contractor costs of $44,900 (1 IS contractor @ 350 hours x $70/hour and 1 GIS contractor @ 300 hours x $68/hour) and DNR staff time at a cost of $83,750 (1,675 hours x $50/hour average salary and fringe). DNR staff time is required from a GIS Coordinator, IS Systems Developer, and Water Supply Specialist-Advanced.
Local government fiscal impact
The new requirements will impact local units of government that have or propose a water supply system that withdraws water at the level regulated by the new rule. The fiscal impact is expected to be minimal, since measuring and reporting water withdrawal information is already required by other Department programs. The additional reporting requirement of the new rule may be accomplished by the withdrawer and is expected to take, on average, less than 2 hours per year. Department staff are committed to eliminating duplicative reporting requirements with the development of new data systems.
Private sector fiscal impact
A. Existing Withdrawers
The fiscal impact on persons in the private sector that have existing withdrawals regulated by the new rule is expected to be minimal. Most existing withdrawers are already required to measure and report withdrawal information to the Department. The additional reporting requirement of the new rule may be accomplished by the withdrawer and is expected to take, on average, less than 2 hours per year. Department staff are committed to eliminating duplicative reporting requirements with the development of new data systems.
For existing withdrawers that are not currently required to measure and report their withdrawals, the fiscal impact is expected to be the same as for new withdrawers, as explained below.
B. New Withdrawers
The fiscal impact on persons in the private sector that are starting new withdrawals is not expected to be significant. Initial costs include withdrawal measurement and registration. The rule provides options for measuring withdrawals that vary in cost. There are options that may be completed by the withdrawer at little to no cost. Other options require the purchase of a meter and some options--for example, measuring flow through a weir, may require hiring a professional consultant. Standard meters range in cost from $400 to $5,000. Consultant costs vary and may range between $500 and $2,000.
Completing the initial registration is expected to take, on average, less than 2 hours and may be completed by the withdrawer. Withdrawers that are hiring consultants or contractors, such as well drillers, as part of their project may choose to have them also complete the registration.
Annual costs are expected to be minimal. Documenting the volumes of withdrawal by month and then reporting the information annually to the Department is expected to take, on average, less than 2 hours per year and may be completed by the withdrawer.
Summary for state fiscal effect
Increase costs. May be possible to absorb within agency's budget.
Types of local government units affected
Towns, Villages, Cities, Counties, Water Utilities, School Districts, WTCS Districts.
Fund sources affected
PRO.
Affected Ch.
20 appropriations
Long-range fiscal implications
None are expected.
Agency Contact Person
Kristy Rogers, Water Supply Specialist
Wis. Dept. of Natural Resources
Bureau of Drinking Water & Groundwater
Phone: (608) 266-9254
Notice of Hearing
Public Instruction
NOTICE IS HEREBY GIVEN That pursuant to ss.
115.001 (11) and
227.11 (2) (a), Stats., the Department of Public Instruction will hold a public hearing as follows to consider proposed permanent rules amending Chapter
PI 34, relating to school nurse certification. The hearing will be held as follows:
Hearing Information
Date: July 30, 2010
Time: 1:00 - 3:30 p.m.
Location: Madison
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 Douglas White, Director, Student Services/Prevention and Wellness at douglas.white@ dpi.wi.gov, (608) 266-5198 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 Proposed Rule and Submittal of Written Comments
Lori Slauson, Administrative Rules and Federal Grants Coordinator
Department of Public Instruction
125 South Webster Street
P.O. Box 7841
Madison, WI 53707
Written comments on the proposed rules received by Ms. Slauson at the above mail or email address no later than August 4, 2010, will be given the same consideration as testimony presented at the hearing.
Analysis Prepared by Department of Public Instruction
Statute interpreted
Statutory authority
Explanation of agency authority
Section
115.001 (11), Stats., requires the department to prescribe the qualifications for school nurses by rule.
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
N/A.
Plain language analysis
2009 Wisconsin Act 160 requires the department to prescribe the qualifications for school nurses by rule. To meet the requirements under the Act, the department is modifying Chapter
PI 34, relating to Teacher Education Program Approval and Licenses, by creating a definition of "school nurse" under s.
PI 34.01 (52m) and by modifying the school nurse licensing information under s.
PI 34.31 (2).
The DPI school nurse license which requires completion of a school nurse practicum and an institutional endorsement, is still an optional license and is not required for a nurse to work in a school. In the past, a school nurse only had to hold a license as a registered nurse under the Department of Regulation and Licensing. The rule will require a school nurse to hold a bachelor's degree as well.
An individual employed by, or under contract with, a school board, a CESA, a CCDEB, or charter school as a school nurse on January 1, 2011, shall be considered a school nurse, regardless of whether or not that individual holds a bachelor's degree.
To coincide with the Act's effective date, the rule will become effective January 1, 2011.
Comparison with federal regulations
