Iowa: There are no proposed or existing state regulations that are similar to the proposed rules.
Michigan: There are no proposed or existing state regulations that are similar to the proposed rules.
Minnesota: There are no proposed or existing state regulations that are similar to the proposed rules.
Summary of factual data and analytical methodologies
Prior to the implementation of the parental payment limit in July 2005, the Department sought and received input regarding the parental payment limit for all children's long-term support programs including the family support program, and the community options program from the Council for Children with Long-Term Support Needs, which provides recommendations to the Department regarding administrative infrastructure, accountability measures and mechanisms, financing systems, training programs, and program design elements that address the needs of children with long-term support needs. The Department also sought and received input from the Wisconsin Human Services Association, Wisconsin Counties' Association, and Disability Rights Wisconsin.
Initial Regulatory Flexibility Analysis
The proposed rule would not affect businesses.
Small business regulatory coordinator
Rosie Greer
608-266-1279
Fiscal Estimate
Summary
Under the proposed rule, counties which currently collect fees under s.
HFS 65.05 (7) would assess parents who have annual incomes at or above 330% of the FPL a percentage (which could range from a minimum 1% to a maximum 41%) of the child's plan costs. The parental payment limits for these families would be determined by counties after calculating the parent's annual gross income, adjusted by a standard allowance; or actual medical or dental expenses claimed on the parent's federal income tax form Schedule A, whichever is higher, the family's poverty level for the family size, and the child's service plan costs. Under this schedule, counties would not collect parental payments from families who have annual incomes below 330% of the FPL.
The amount of the annualized payments collected by counties under the proposed rule is indeterminate due to a number of variables that are difficult to quantify. Counties differ in how they collect parental payments for the Family Support Program, which may affect whether they currently use the fee schedule established by the Department under s.
HFS 1.03 (13m), or the fee schedule under s.
HFS 65.05 (7), or both to determine parental payment limits. Under the proposed rules, counties would collect parental payments from families receiving services under the Family Support Program, whose incomes are at or above 330% of the FPL who do not currently pay parental fees. Counties could also collect higher parental payments from families who have incomes at or above 330% of the FPL, because the payment limits would be determined in proportion to the costs of the child's service plan, family size, and income level. At the same time, counties would collect no fees from families whose incomes are below 330% of the FPL.
Counties would not incur additional costs associated with implementing the proposed change, since counties already have the staff expertise and appropriate calculation tables from the Department needed to determine the parental payment liability. This proposed order, in general, would provide a unified system for calculating parental payments for children's long term support services. The proposed rules would not have a fiscal effect on the Department. The proposed rules do not affect businesses.
State fiscal effect
None.
Local government fiscal effect
Indeterminate.
Local government units affected
Counties.
Private sector fiscal effect
None.
Long-range fiscal implications
None known.
Notice of Hearing
Natural Resources
Environmental Protection - Air Pollution Control,
Chs.
NR 400—
NOTICE IS HEREBY GIVEN That pursuant to ss.
227.11 (2) (a), and
285.11 (1) and
(6), Stats., interpreting ss.
285.11 (6), Stats., the Department of Natural Resources will hold a public hearing on revisions to ch.
NR 446, Wis. Adm. Code, relating to the establishment of provisions for coal-fired electric generating units in Wisconsin to limit mercury air emissions. The State Implementation Plan developed under s.
285.11 (6), Stats., is also being revised.
In May 2007, public hearings were held on revisions to chs.
NR 440 and
446, relating to the establishment of provisions for coal-fired electric generating units in Wisconsin to comply with the Clean Air Mercury Rule (CAMR) promulgated by the U.S. Environmental Protection Agency (EPA). On February 8, 2008, the Washington D.C. Court of Appeals vacated the CAMR. The Court found that the EPA's approach to regulating mercury emissions from coal-fired electric generating units in the CAMR was unlawful. As a result these proposed revisions no longer include provisions related to the federal CAMR.
The Department is proceeding with this rulemaking to address Governor Doyle's August 25, 2006, directive to the Department to develop a rule achieving a 90% reduction of mercury emissions from coal-fired power plants. In addition, these revisions respond to a January 22, 2007, Citizen Petition submitted to the Department and Natural Resources Board under provisions in ss.
227.11 (2) (a) and
227.12 (1) and
(2), Wis. Stats., and s.
NR 2.05 Wis. Adm. Code. This petition requested that the Department and Board conduct rulemaking proceedings to revise and adopt rules that require a 90% to 95% reduction of mercury to the air from coal-fired electric generating units in the state by January 1, 2012.
Under these proposed revisions to ch.
NR 446, the state's large coal-fired electric generating units, 150 megawatts and larger, must follow one of two compliance paths to achieve a 90% mercury emission reduction. By January 1, 2015, the state's large coal-fired electric generating units, 150 megawatts and larger, must achieve a 90% mercury reduction, as measured from the mercury content of coal combusted, or limit the concentration of mercury emissions to 0.008 pounds mercury per gigawatt-hour.
Under the alternative multipollutant compliance path an additional six years, until January 1, 2021, is allowed for large coal-fired electric generating units to achieve the 90% mercury reduction requirement. By January 1, 2015, these large units must achieve nitrogen oxides and sulfur dioxide reductions beyond those currently required by federal and state regulations. An interim mercury reduction of 70% must be achieved by January 1, 2015 and beginning January 1, 2018 another interim reduction of 80% is required. Owners and operators must designate which of their large electric generating units will follow the multipollutant option within 24 months after the effective date of the rule. Large electric generating units that are not designated for the multipollutant option, will, by default, be required to achieve the 90% mercury emission reduction by 2015.
Small coal-fired electric generating units, greater than 25 megawatts but less than 150 megawatts, must reduce their mercury emissions to a level defined as Best Available Control Technology (BACT). After all the mercury reduction requirements in these proposed revisions become effective for small and large electric generating units almost 4,400 pounds of mercury air emissions will be prevented from being emitted annually.
These revisions retain the January 1, 2010, mercury reduction requirement in the current state mercury rule. Under this requirement the state's four major utilities, Alliant Energy, Dairyland Power Cooperative, WE Energies and Wisconsin Public Service Corporation, must reduce mercury emissions from their existing coal-fired electric generating units 40% from the baseline established under provisions in the current rule.
The revisions also propose that any new coal-fired electric generating unit install mercury control technology which achieves a minimum mercury reduction of 90% when it commences operation.
NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary finding under s.
285.27 (2) (b), Stats., that the mercury emission limitations proposed in this revision are needed to protect public health and welfare. In the absence of a federal standard promulgated under section 112, the hazardous air pollutant provisions of the Clean Air Act, the Department may promulgate a standard if it finds that a standard is needed to provide adequate protection of public health and welfare. The Department's is also seeking comment on this preliminary public health and welfare finding.
Hearing Information
NOTICE IS HEREBY FURTHER GIVEN that the public hearing will be held on:
April 7, 2008, Monday
at 9:00 a.m.
|
Room G09, GEF II
101 S. Webster Street
Madison, WI
|
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please contact Robert Eckdale at (608) 266-2856 or by e-mail at
Robert.Eckdale@Wisconsin.Gov with specific information on your request at least 10 days before the date of the scheduled hearing.
Copy of Rule
The proposed rule and supporting documents, including the fiscal estimate and preliminary public health finding, may be viewed and downloaded and comments electronically submitted at the following Internet site: http://adminrules. wisconsin.gov. (Search this Web site using the Natural Resources Board Order Number AM-32-05.) If you do not have Internet access, a personal copy of proposed rule and supporting documents, including the fiscal estimate and public health finding may be obtained from Robert Eckdale by calling (608) 266-2856 or by writing him at Bureau of Air Management, P.O. Box 7921, Madison, WI 53707.
Submission of Written Comments
Written comments on the proposed rule and preliminary public health finding may also be submitted to Jon Heinrich, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707 or by e-mail to
Jon.Heinrich@Wisconsin.Gov no later than April 14, 2008. Written comments will have the same weight and effect as oral statements presented at the public hearings.
Initial Regulatory Flexibility Analysis
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s.
227.114, Stats., it is not anticipated that the proposed rule will have a direct economic impact on small businesses. The proposed revisions impose no reporting, compliance or performance standards on small businesses. The proposed revisions may increase the cost of electricity and therefore may have an indirect impact on small businesses through higher electricity costs. The Department's Small Business Regulatory Coordinator may be contacted at
Small.Business@Wi.Gov or by calling (608) 266-1959.
Environmental Analysis
NOTICE IS HEREBY FURTHER GIVEN that 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 estimate
1.
Cost Impacts to the Department - The fiscal estimate for the revisions to Chapter
NR 446 that became effective in October 2004 required a staff allocation of 0.5 FTE through 2009 that was reduced to 0.25 FTE from 2010 through 2015. After 2015, requirements would be implemented without an increase in complement. The Department assumes the same staff allocations for these proposed revisions. However, because the proposed rule revisions require additional compliance notifications and determinations, the staff allocation must increase 0.25 FTE from 2010 through 2012. Assuming $80,000 per FTE, this results in an increase of $20,000 per year from 2010 through 2012.
2. Revenue Impacts to the Department - The annual emission fees paid to the Department are not significantly affected by the anticipated decrease in mercury emissions. However, fees may significantly decrease if utilities elect to reduce NOx and SO2 emissions under the multipollutant provision of the proposed revisions. If all eligible EGUs pursued the multi-pollutant alternative, collected emission fees may be reduced from 2005 levels by approximately $1,000,000 per year based upon the current emission fee of $35.71 per ton.
Local government fiscal estimate
Manitowoc Public Utilities (MPU) is the only one locally-owned electric utility that will be affected by these revisions. The costs to MPU are similar to other electric utilities in the state. The total cost for MPU is estimated to be in the range of 0.04 to 0.12 cents/KWh or $160,000 to $500,000 dollars per year.
Electric utility sector fiscal estimate
1.
Cost of Chapter NR 446 Requirements - The revisions to Chapter
NR 446 that became effective in October 2004 affected EGUs operated by "Major Utilities" including Alliant Energy, Dairyland Power Cooperative, WE-Energies, and Wisconsin Public Service Corporation. The cost for achieving a 75% mercury emission reduction for each major utility was estimated to be in the range of 0.16 to 0.18 cents per kilowatt-hour of generated electricity (cents/KWh) with a total cost for the four major utilities of 71 to 84 million dollars per year. These cost estimates are contained in a technical support document developed in 2003
1.
2.
Cost of Revised Chapter NR 446 Requirements - The cost estimate for these revisions to Chapter
NR 446 replace the 2003 cost estimates. The cost estimates reflect achieving a 90% mercury emission limitation for larger EGUs and BACT level of control for the smaller EGUs. In addition, since the 2003 evaluation, advancements in mercury control technology have occurred and control technology costs have changed. Also, more EGUs are affected by these revisions as compared to the current requirements in Chapter
NR 446. The average cost to the utility sector is estimated to be 0.06 to 0.14 cents/KWh and cost to implement the proposed revisions is 38 to 91 million dollars per year. The lower cost range reflects the integration of mercury control with the control of other pollutants.
State fiscal effect
Decrease in existing revenues.
Increase in costs
The increase of costs may be possible to absorb within the agency's budget.
Local government fiscal effect
Mandatory increase in costs.
Types of local government units affected
Others.
Fund sources affected
PRO
Affected Chapter
20 Appropriations
Notice of Hearing
Workforce Development
NOTICE IS HEREBY GIVEN that pursuant to ss.
49.155 (5) and
227.11 (2) (a), Stats., the Department of Workforce Development proposes to hold a public hearing to consider rules revising s.
DWD 56.08, relating to child care copayments and affecting small businesses.
Hearing Information
April 11, 2008
|
MADISON
|
Friday
|
G.E.F. 1 Building, D203
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10:30 a.m.
|
201 E. Washington Avenue
|
Interested persons are invited to appear at the hearing and will be afforded the opportunity to make an oral presentation of their positions. Persons making oral presentations are requested to submit their facts, views, and suggested rewording in writing.
Visitors to the GEF 1 building are requested to enter through the left East Washington Avenue door and register with the customer service desk. The entrance is accessible via a ramp from the corner of Webster Street and East Washington Avenue. If you have special needs or circumstances regarding communication or accessibility at the hearing, please call (608) 267-9403 at least 10 days prior to the hearing date. Accommodations such as ASL interpreters, English translators, or materials in audio format will be made available on request to the fullest extent possible.
Agency Contact Person
Laura Saterfield, Child Care Section Chief
Phone: (608) 266-3443.
Copy of Rule
An electronic copy of the proposed rules is available at
http://www.dwd.state.wi.us/dwd/hearings.htm. A copy of the proposed rules is also available at http://adminrules. wisconsin.gov. This site allows you to view documents associated with this rule's promulgation, register to receive email notification whenever the Department posts new information about this rulemaking order, and submit comments and view comments by others during the public comment period. You may receive a paper copy of the rule or fiscal estimate by contacting:
Elaine Pridgen
Office of Legal Counsel
Dept. of Workforce Development
P.O. Box 7946
