Statutory Authority
Sections 15.08 (5) (b) and 227.11 (2), Stats.
Staff Time Required
80 hours of state employee time and 250 hours of University employee time.
Transportation
Subject
This rule making will amend ch. Trans 401 to: (1) to revise erosion and storm water management standards for transportation projects administered by WisDOT in order to avoid potential inconsistencies between Trans 401 and proposed NR 151; (2) clarify responsibility for erosion and storm water controls; (3) specify a process for implementing changes to erosion control plans required by weather or site conditions, and the permissible scope of those changes; and (4) modify performance standards for erosion control and storm water management practices to enhance state water quality.
Description of Policy Issues
Currently ch. Trans 401, which was promulgated in 1994, establishes construction site erosion control and storm water management standards for WisDOT administered projects. Those standards are implemented through WisDOT's Facilities Development Manual and are incorporated into project specifications. DNR has proposed new rules that contain different and more extensive erosion control and storm water management standards for transportation facilities.
Amending Trans 401 will update the rule to reflect experience gained in implementing the rule, particularly in the area of storm water management. Additionally, with the cooperation of DNR, WisDOT wants to develop a workable, cost-effective transportation sector approach to erosion control and stormwater management standards. The goal is to harmonize Trans 401, the WisDOT/DNR Memorandum of Agreement, proposed NR 151 and existing NR 216. One benefit will be that contractors and others working on transportation construction projects will not be confused by inconsistent requirements in the rules of various agencies.
Alternatives are the following:
1. Do nothing. DNR is promulgating NR 151, which purports to apply erosion control and storm water management standards to transportation facilities. Proposed NR 151 contradicts provisions in Trans 401, which may cause uncertainty and confusion among contractors and state agency personnel as to the precedence and applicability of the conflicting rules.
2. Wait for a request to amend Trans 401. That request could come from DNR, contractors or local units of government after DNR promulgates NR 151. This alternative could eventually result in consistency between Trans 401 and NR 151. This approach would likely result in legal disputes between contractors, WisDOT and DNR as to the applicability of inconsistent rules. This approach also delays a resolution of questions concerning best management practices required on transportation projects and costs involved.
3. Begin revising Trans 401 before NR 151 is promulgated in conflict with Trans 401. This alternative offers the opportunity to coordinate Trans 401 with NR 151 and to specify how Trans 401 and NR 151 will be implemented in the field. Amending Trans 401 concurrent with the promulgation of NR 151 will eliminate confusion regarding what erosion controls and storm water management activities are required of transportation facilities and construction projects.
Statutory Authority
ss. 30.12 (4), 85.075, 85.16 (1), 85.19 (1), 86.07 (2), 114.31 (7), and 227.11 (2), Stats.
Staff Time Required
Approximately 1000 hours, which represents department staff time.
Workforce Development
(Unemployment Insurance)
Subject
Revision to ch. DWD 128 relating to an unemployment insurance requirement that a claimant be able to work and available for work.
Description of Policy Issues
Objective of the rule. Section DWD 128.02 currently provides a grace period for claimants who have uncontrollable restrictions that limit them to less than 15% of suitable work and whose employment was terminated for reasons unrelated to those restrictions. The department has never intended that this provision mean that claimants who were not able and available for any work would be eligible for UI. However, in light of the recent LIRC decision in Vuttiphan Honea v. Milwaukee Ballet Company, the federal Department of Labor has expressed concern that s. DWD 128.02 could be read to mean that Wisconsin was not following the federally-mandated able and available requirement for eligibility. The proposed rule will clarify that claimants must be available for some work to be eligible under this provision.
Statutory Authority
Also in response to Department of Labor concerns over the LIRC decision, the proposed rule will clarify that s. DWD 128.02 does not apply to aliens who are not able and available for work because their authorized work has ended or their work authorization period has expired. There has been some confusion in situations where the authorized work has ended but the work authorization period is not expired. However, since federal immigration law provides that once the authorized work has ended the alien must depart the United States, these claimants cannot be considered able and available for work and are not eligible for unemployment insurance.
The LIRC decision is available at
http://www.dwd. state.wi.us/lirc/ucdecsns/654.htm.
Staff Time Required
85 Hours
Submittal of rules to legislative council clearinghouse
Please check the Bulletin of Proceedings for further information on a particular rule.
Agriculture, Trade and Consumer Protection
Rule Submittal Date
On January 25, 2001, the Department of Agriculture, Trade and Consumer Protection submitted a proposed rule to the Legislative Council Rules Clearinghouse.
Analysis
The proposed rule affects ch. ATCP 48 relating to drainage district finances and grants to county drainage boards.
Agency Procedure for Promulgation
A date for the public hearing will be scheduled.
Contact Information
If you have questions, please contact:
Dave Russell
Division of Agricultural Resource Management
Telephone: (608) 224-4627
Mailing Address:
2811 Agriculture Drive
PO Box 8911
Madison, WI 53718-6777
Workforce Development
Rule Submittal Date
On January 30, 2001, the Department of Workforce Development submitted proposed rules to the Legislative Council Rules Clearinghouse.
Analysis
The proposed rules affect s. DWD 290.155 (1) relating to the annual adjustment of thresholds for application of prevailing wage rates.
Agency Procedure for Promulgation
A public hearing is required and will be held on February 27, 2001. The organizational unit responsible for the promulgation of the proposed rules is the DWD Equal Rights Division.
Contact Information
If you have questions, please contact:
Elaine Pridgen
Telephone: (608) 267-9403
Mailing Address:
201 East Washington Avenue
PO Box 7946
Madison, WI 53707-7946
Rule-making notices
Notice of Hearing
Agriculture, Trade and Consumer Protection
(Reprinted from 1/31/01 Wis. Adm. Register)
The State of Wisconsin Department of Agriculture, Trade and Consumer Protection announces it will hold a public hearing on its emergency rule to create s. ATCP 10.21 (10) (c) and (15) relating to reimbursement of Johne's disease testing costs. The public hearing will be held on Tuesday, February 13, 2001 at 2:00 p.m. at the following location:
Department of Agriculture, Trade and Consumer Protection
Prairie Oak State Office Building
Room 106
2811 Agriculture Drive
Madison, Wisconsin
Public comment is being sought on the Department's emergency rule, pursuant to s. 227.24 (4), Stats., which requires that a public hearing be held within 45 days after an emergency rule is adopted. Following the public hearing, the hearing record will remain open until Wednesday, February 14, 2001 to receive additional written comments.
An interpreter for the hearing impaired will be available on request for this public hearing. Please make reservations for a hearing interpreter by Monday, February 5, 2001 either by writing to Lynn Miller, Division of Animal Health, P.O. Box 8911, Madison, WI 53708-8911 (telephone 608 224-4883) or by calling the Department TDD at 224-5058.
Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection
Statutory Authority: ss. 93.07 (1), and 95.197 (2).
Statute Interpreted: s. 95.197.
Johne's disease (paratuberculosis) is a serious disease of cattle. The 1999-2001 biennial budget act (1999 Wis. Act 9) established a grant program to help cattle owners pay for Johne's disease testing. The department of agriculture, trade and consumer protection (DATCP) administers the grant program. This rule establishes standards for the grant program, as required by the biennial budget act.
Background
Under s. 95.195, Stats., and current DATCP rules, a seller warrants that cattle are free of Johne's disease at the time of sale unless the seller discloses to the prospective buyer the current Johne's disease herd classification of the source herd. Every herd of cattle has a Johne's disease herd classification.
A herd is automatically classified “maximum risk for Johne's disease" unless DATCP assigns a different herd classification based on an annual herd test. DATCP may assign one of several herd classifications, based on annual herd test results. An annual herd test is voluntary. A herd owner may arrange and pay for an annual herd test, and may ask the department to classify the herd based on the test results.
Grant Program
The biennial budget act (1999 Wis. Act 9) provided $100,000 in grant funds FY 2000-01 to help cattle owners pay for annual Johne's disease herd tests. Under this rule, a herd owner who asks the department to classify a herd based on an annual herd test may apply for reimbursement of laboratory costs associated with the annual test. When DATCP classifies the herd, it will tell the herd owner how to apply for reimbursement.
To obtain reimbursement, a herd owner must file a claim by February 1 of the year following the year in which the herd owner tests the herd. The herd owner must submit copies of bills that establish the amount of laboratory costs charged to the herd owner. DATCP will distribute available funds by June 30 (following the February 1 annual application deadline).
DATCP may reimburse all or part of an applicant's allowed claim, depending on available funding. If allowed claims exceed available funding, DATCP will pay each herd owner a pro rata share based on the amount of each herd owner's allowed claim. A herd owner may not resubmit the unpaid portion of a claim in a subsequent year.
Fiscal Estimate
