The potential economic impact of this proposed rule revision is estimated to be Level 1. This is a conservative estimate reflecting the diversity of species under assessment, as well as the fact that a number of these species may be used by various sectors of society. These rule revisions also have the potential to provide valuable economic benefits by reducing future control and management costs for regulated invasive species. Businesses may potentially mediate costs by substituting non-invasive species in their practices. During the species assessment process, the economic costs and benefits will be evaluated for each species considered for inclusion in the rule revisions. Certain species may have larger potential economic impacts than others.
Contact Person
Mindy Wilkinson, Department of Natural Resources - SS/7, PO Box 7921, Madison, WI 53707-7921; Phone: (608) 266-6437; E-mail:
Melinda.Wilkinson@Wisconsin.gov.
Natural Resources
Fish, Game, etc., Chs.
NR 1—
This statement of scope was approved by the governor on March 14, 2012.
Rule No.
FR-07-12, amending Chapter
NR 47.
Relating to
County Forest Time Standards Grant (new).
Rule Type
New Administrative Rule.
Finding/Nature of Emergency (Emergency Rule Only)
This is not an emergency rule request.
Detailed Description of the Objective of the Proposed Rule
Create rules to direct the distribution of grant funding for the County Forest Time Standards grant.
Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule and an Analysis of Policy Alternatives
This is a new rule and grant program. Presently the DNR Division of Forestry (DOF) provides assistance to County Forests, aligning workload with the statutory role of the DNR in oversight of the County Forest program. An agreed upon number of hours are provided to each county based on the workload for that particular county. The DOF's Strategic Direction process in 2011-12 realigned forest resources to better accomplish the DOF's mission in Wisconsin's Statewide Forest Plan. As part of that process each County Forest was given the opportunity to modify the suite of grants and assistance the DOF provides to their best advantage. Three counties (Iron, Jackson and Clark) have elected to reduce their assistance from DNR in exchange for funding that would allow them to hire contractors or seasonal staff to accomplish forestry work. The thought is that some of the forestry tasks can be done adequately using contracted or lesser paid staff, the end result being the ability to get more work done with the same amount of resources. The proposed grant program would be structured to focus on tasks already identified in the time standards agreement for each county. This funding would provide for on-the-ground sustainable forestry practices with the reallocation of funding into appropriation 20.370 (5) (bw).
Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
DNR's responsibilities for oversight of the County Forest program can be found in s.
28.11 (5) Wis. Stats. and the authority for sustainable forestry funding is included in 28.11 (5r) Wis. Stats. Section
28.11 (5r) (b) states: “The department may make grants, from the appropriation under s.
20.370 (5) (bw), to counties having lands entered under sub.(4) to fund the cost of activities designed to improve sustainable forestry on the lands". Finally, Wis. Stat. s.
227.11 (2) (a) allows the DNR to promulgate rules for any statute if the DNR considers it necessary to effectuate the purpose of the statute. Without rulemaking authority for this rule, the DNR will not be able to administer or enforce the grant program authorized by statute, since the DNR would not be able to establish criteria that would uniformly apply across grant applicants without running afoul of the definition of “rule" found under Wis. Stat. s.
227.01 (13).
Estimate of the Amount of Time that State Employees will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
It is anticipated that rule development will require 80 hours of staff time and a minor amount of travel and conferencing costs.
List with Description of all Entities that may be Affected by the Proposed Rule
Currently there are twenty-nine counties with county forests that could take advantage of this grant opportunity. In the near future (FY14 & 15) only three counties have indicated an interest in taking advantage of this option – Clark, Iron and Jackson. To the extent that counties utilize this grant, independent forestry consultants may stand to gain work. Conversely, DNR Forestry staff time would be reduced.
Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
This rule/grant does not impact any federal regulations.
Anticipated Economic Impact of Implementing the Rule
This grant would provide an option for counties to receive grant funding as an alternative to DNR staff assistance. As such, there would be no anticipated economic impact, rather just a reallocation of resources for this purpose.
Contact Person
Jeff Barkley (608-264-9217) or Chris Martin (608-264-6039).
Public Service Commission
This statement of scope was approved by the governor on March 13, 2012.
Rule No.
PSC 114
Relating to
Update State Electrical Code—Adopt Electric Safety Code Provisions.
Description of the Objective of the Rule and Expected Financial Impact
To incorporate into the Administrative Code revisions to the National Electric Safety Code that have been adopted since 2008, to correct deficiencies, and make any other necessary changes to update and improve the safety code.
The Commission anticipates moderate economic impact from this proposed rule.
Description of Existing Policies Relevant to the Rule, and of New Policies Proposed to be Included in the Rule and an Analysis of Policy Alternatives; the History, Background and Justification for the Proposed Rule
Volume 1 of the Wisconsin State Electrical Code (WSEC), codified in Wis. Admin. Code Ch.
PSC 114, is administered by the Commission. It deals with safety requirements for the installation, operation, and maintenance of primarily outdoor electric supply and communications lines and facilities used by utilities, including electric and telecommunications suppliers, railroads, and cable television providers.
Wisconsin Admin. Code Ch.
PSC 114 has been, and is, based on the National Electrical Safety Code (NESC). The NESC is revised and updated every five years necessitating subsequent periodic revision of WSEC, Volume 1, to adopt the latest national standard. In 1979, 1982, 1985, 1988, 1991, 1994, 1997, 2003, and 2008, the Commission adopted the 1977, 1981, 1984, 1987, 1990, 1993, 1997, 2002, and 2007 editions of the NESC, respectively, with certain changes, deletions, and additions which apply in Wisconsin only and are contained in Wis. Admin. Code Ch.
PSC 114
.
The 2012 edition of the NESC was issued in August 2011. A corresponding revision of Wis. Admin. Code Ch.
PSC 114 is necessary to implement the latest edition of the national code and make any other necessary changes to update and improve the code.
While it is difficult to predict the expected financial impact before the rule is written, at this time it is expected to be moderate.
Statutory Authority for the Rule (Including the Statutory Citation and Language)
The Commission relies on an explicit grant of authority from the legislature to promulgate this rule. Wisconsin Stat. s.
196.74 provides in relevant part: “Each public utility and railroad which owns, operates, manages or controls along or across any public or private way any wires over which electricity or messages are transmitted shall construct, operate and maintain the wires and any related equipment in a manner which is reasonably adequate and safe and which does not unreasonably interfere with the service furnished by any other public utility or railroad. The commission may issue orders or rules, after hearing, requiring electric construction and operating of such wires and equipment to be safe. The commission may revise the orders or rules as may be required to promote public safety . . . ."
The Commission has a general grant of rulemaking authority under the following statutory provisions. Wisconsin Stat. s.
196.02 (3) provides: “The commission may adopt reasonable rules to govern its proceedings and to regulate the mode and manner of all inspections, tests, audits, investigations and hearings." And, Wis. Stat. s.
227.11 (2) (a) provides in relevant part: “Each agency may promulgate rules interpreting the provisions of any statute enforced or administered by the agency, if the agency considers it necessary to effectuate the purpose of the statute . . . ."
Estimate of the Amount of Time that State Employees will Spend to Develop the Rule and of Other Resources Necessary to Develop the Rule
Approximately 200 hours of Commission staff time will be required in this rulemaking.
Description of all Entities that may be Impacted by the Rule
This rulemaking may affect electric, telecommunications, and cable providers.
Summary and Preliminary Comparison of any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Rule
The National Electric Safety Code, which is incorporated by reference in Wis. Admin. Code Ch.
PSC 114, covers provisions for safeguarding of persons from hazards arising from installation, operation, or maintenance of conductors and equipment in electric supply stations, and overhead and underground electric supply and communication lines. The federal standard is applicable to systems and equipment owned by utilities.
Contact Person
Diane M. Ramthun
(608) 267-9203
