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
