CR_10-131 Hearing on revisions to Chapter NR 45, Wisc. Adm. Code, relating to the promulgation of a rule that specifies when and where golf carts are allowed in the Governor Thompson State Park and the Peshtigo River State Forest.

Small business regulatory coordinator

The small business regulatory coordinator may be contacted at [e-mail] , or by calling 608-266-1959.

Environmental Analysis

The Department has made a preliminary determination that adoption of the proposed rules would not involve significant adverse environmental effects and would not need an environmental analysis under ch. NR 150 , Wis. Adm. Code. However, based on comments received, an environmental analysis may be prepared before proceeding. This analysis would summarize the Department's consideration of the impacts of the proposal and any reasonable alternatives.

Fiscal Estimate

Summary

The main fiscal effect of the proposed rule would be a decrease in revenue to the state from the landfill tipping fee. The extent of the revenue decrease would depend on how many tons of additional material are diverted from landfilling to composting as a result of the rule. Local costs and revenues are not expected to be significantly affected. The financial effect of the proposed rule on the private sector may be significant and positive for composting facilities, as they would be able to accept additional raw materials with minimal additional regulatory burden. Landfill operators can control the impacts of the loss of tonnage to their facilities by entering the compost business themselves, as many have already done. Compost operators' revenue potential would increase due to the establishment of codified standards for high quality or "Class A" compost afforded by the proposed rule. This high quality compost may command a premium price in the marketplace.

Anticipated cost incurred by the private sector

Private sector impacts from the proposed rule revisions are expected to be neutral to positive. The proposed rules do not require generators of compostable materials to compost or to alter their current arrangements for waste disposal. However, many generators of compostable materials, including small-to-medium size groceries and large national food retailers, hospitals, event sponsors, restaurants and institutions, have encountered difficulties finding an outlet for diverting food scraps from landfill disposal. The proposed rule addresses this need. In facilitating the development of composting businesses and infrastructure, the proposed rule would provide generators with additional options for disposing of unwanted materials, some of which might cost less than landfill disposal. These generators believe it is in their long-term business interests to divert organic materials from landfilling.

Composters should benefit from being able to accept additional materials into their operations without complex permit requirements. Composters that choose to make Class A compost as defined under the proposed rule may incur additional costs for testing, although some of these composters already perform such testing on their own initiative. Private sector composters may also incur minor increased costs for recordkeeping and annual reporting, although these costs will be minimized by use of a simple, standard form, and may be mitigated by (1) the operational utility of the data that they will be generating, and (2) the larger array of materials that their facilities can accept under the rule while maintaining a relatively low level of regulatory oversight.

Waste hauling companies should still be able to enter into contracts and perform work hauling food and other compostable materials, even if the destination of those materials changes from the landfill to a composting facility. Waste disposal companies have expressed interest in operating their own compost facilities to accept yard and food materials, and several facilities in Wisconsin have already commenced operations. The economics of these waste disposal company activities are not clear, but the costs of operating a small compost facility are likely outweighed by the benefits to the landfill facility of the compost that is being produced to serve as topsoil, cover soils, or a marketable product.

State fiscal effect

Decrease existing revenues.

Local government fiscal effect

Indeterminate.

Units affected

  Towns, Villages, Cities, Counties.

Agency Contact Person

Brad Wolbert, Bureau of Waste and Materials Management,

Department of Natural Resources

101 South Webster Street

P.O. Box 7921

Madison, WI 53707

Phone: [phone]

Fax: [phone]

E-mail: [e-mail]

Notice of Hearing

Natural Resources

Fish, Game, etc., Chs. 1—

CR 10-131

DNR # FR-38-10

NOTICE IS HEREBY GIVEN THAT pursuant to section 27.01 (17) , Stats., the Department of Natural Resources will hold a public hearing on revisions to Chapter NR 45 , Wisc. Adm. Code, relating to the promulgation of a rule that specifies when and where golf carts are allowed in the Governor Thompson State Park and the Peshtigo River State Forest.

Hearing Information

Date and Time:	Location:
December 16, 2010 Thursday 4:00pm	Stephenson Town Hall W11280 County Road Crivitz, WI 54114

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 call Rudolph Bentley at [phone] with specific information on your request at least 10 days before the date of the scheduled hearing.

Copies of Proposed Rule and Submittal of Electronic Comments

The proposed rule and supporting documents, including the fiscal estimate 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 No. FR-38-10). If you do not have Internet access, a personal copy of the proposed rule and supporting documents, including the fiscal estimate may be obtained from Kristin Lambert, Bureau of Forest Management, P.O. Box 7921, Madison, WI 53707 or by calling [phone].

Submittal of Written Comments

Written comments on the proposed rule may be submitted via U.S. mail to Mr. John Lubbers, Division of Forestry, Wisconsin Department of Natural Resources, 2984 Shawano Avenue, Green Bay, WI 54313-6727 or by e-mail to [e-mail] . Comments may be submitted until December 31, 2010 .

Analysis Prepared by the Department of Natural Resources

Statutory authority

Section 27.01 (17) Stats., created under 2009 Wisconsin Act 54 , required the Department to promulgate this rule.

Related statute(s) or rule(s)

Related statutes or rules include but are not limited to the following provisions:

340.01   Vehicles – General Provisions, Words and phrases defined.

349.18   Vehicles – Powers of State and Local Authorities, Additional traffic-control authority of counties and municipalities.

23.33 (11p) (a) 2   Conservation, All-terrain vehicles, Local ordinances, Utility terrain vehicle pilot program.

Plain language analysis

The rule defines "golf cart" as a vehicle that can go no more than 20 miles per hour, can carry one to two people and equipment, and is intended for the game of golf.

The rule authorizes the use of golf carts in the Governor Thompson State Park and the Peshtigo River State Forest. The rule describes specifically, which areas on the above mentioned properties are authorized for golf cart use, including six (6) boat landings, one (1) town park leased from the Department, one (1) Department road, and other locations as posted.

The rule also describes how the golf cart must operate, that golf cart operators must possess a valid drivers license, and minimum safety features that the golf cart must possess.

Summary of, and comparison with, existing or proposed federal regulation

A search of federal regulations did not reveal any similar rules.

Comparison with rules in adjacent states

Iowa:

Iowa Code s. 347.247 - Golf cart operation on city streets.

Minnesota:

Minn. Stat. s. 169.045 Special Vehicle Use on Roadway.

Michigan:

Mich. Comp. Laws s. 257.244 - Operation of vehicle by manufacturer, subcomponent system producer, dealer, or transporter with special plate; unauthorized use of special plate; penalties; surety bond or insurance; number of plates; operation of vehicle with dealer plate by vendee or prospective purchaser; issuance of registration plate to move vehicle or trailer.

Illinois:

625 ILCS 5/11-1426.1 - Operation of non-highway vehicles on streets, roads, and highways.

Summary of factual data and analytical methodologies

The Department gathered input in the form of interviews, from user groups, local residents, local units of governments and WPS to determine historical use of golf carts before the Department acquired the lands. In addition, significant consultation occurred with the Department of Transportation and the Town of Stephenson on existing golf cart ordinances, authority and safety elements.

Analysis and supporting documents used in determination of effect on small business or in preparation of economic impact report

There are no new compliance, reporting, or bookkeeping requirements, nor are there any associated performance standards associated with the proposed rule.

Effect on Small Business

Pursuant to section 227.114 , Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses.

Small business regulatory coordinator

The Department's small business coordinator may be contacted at [e-mail] or by calling [phone].

Environmental Analysis

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.

Fiscal Estimate

Assumptions used in arriving at fiscal estimate

State fiscal effect

To adequately administer this new law, both access way construction along with reasonable signage and posting will be required. Signage costs are estimated as 20 signs at $350 per sign for sign, post, concrete and labor. Total costs of signage estimated at $7,000. The Department may also need to acquire up to two acres of land to access BL 13, and construct a trail on that acreage. The cost for the land and the trail has not been determined.

Local fiscal effect

These properties are wholly managed by the Department; consequently the approval of these administrative rules would have minimal fiscal effect on local units of government.

Agency Contact Person

John Lubbers

Phone:   [phone]

Fax:   [phone]

E-mail:   j [e-mail]

Notice of Hearing

Natural Resources

Environmental Protection — Water Supply, Chs. 800—

CR 10-132

DNR # DG-39-10

NOTICE IS HEREBY GIVEN THAT pursuant to sections 227.11 (2) (a) and 281.348 , Stats., the Department of Natural Resources will hold public hearings on the creation of Wis. Adm. Code Chapter NR 854 Water Supply Service Area Plans, relating to the establishment of a statewide water supply service area planning process for operators of public water supply systems.

The rule establishes a planning process covering a 20-year period for public water supply systems serving populations of 10,000 or more to help ensure that those systems sustainably provide an adequate quantity and quality of water to their customers.

Hearing Information

December 14, 2010, Tuesday, 2:00 p.m .

Concurrent sessions will be held at the following two locations:

University of Wisconsin – Milwaukee

Lubar Hall, Room S-250 ,

3202 N. Maryland Avenue

Milwaukee, WI 53211

( http://www4.uwm.edu/map/buildings/vt-lub-prof.cfm )

AND

University of Wisconsin – Green Bay

Instructional Services Building, Room 1034

2420 Nicolet Drive

Green Bay, WI 54311

( http://www.uwgb.edu/team/maps/index.htm ).

December 15, Wednesday, 2:00 p.m .

Concurrent sessions will be held at the following two locations:

University of Wisconsin - Eau Claire

Old Library, Room OL1132

105 Garfield Avenue

Eau Claire, WI 54702-4004

( http://www.uwec.edu/Maps/campmap.htm )

AND

The Pyle Center, Room 232

702 Langdon Street,

Madison, WI 53702 ( http://www.map.wisc.edu/ )

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 call James McLimans at [phone] with specific information on your request at least 10 days before the date of the scheduled hearing.

Copies of Proposed Rule and Submittal of Electronic Comments

The proposed rule and supporting documents, including the fiscal estimate, may be viewed and downloaded and comments electronically submitted at the following Internet site: http://adminrules.wisconsin.gov . (Search the Web site using Natural Resources Board Order No. DG-39-10). If you do not have Internet access, a personal copy of the proposed rule and supporting documents may be obtained from Dino Tsoris, Bureau of Drinking Water and Groundwater, P.O. Box 7921, Madison, WI 53707-7921 or by calling [phone].

Submittal of Written Comments

Written comments on the proposed rule may be submitted via U.S. mail to Mr. Dino Tsoris, Bureau of Drinking Water and Groundwater, P.O. Box 7921, Madison, WI 53707-7921 or by e-mail to [e-mail] . Comments may be submitted until December 31, 2010 . Written comments, whether submitted electronically or by mail, will have the same weight and effect as oral statements presented at the public hearings.

Analysis Prepared by the Department of Natural Resources

Statute(s) interpreted

Section 281.348 , Stats.

Statutory authority

Sections 227.11(2)(a) and 281.348 , Stats

Plain language analysis

This rule supports the implementation of s. 281.348 , Stats., as created in 2007 Wisconsin Act 227 , to establish a continuing water supply service area planning process for persons that operate public water supply systems that serve a population of 10,000 or more and any person that operates a consecutive water supply system that receives water from a public water supply system required to prepare a plan under this rule. Persons required to prepare a water supply service area plan under this rule must have an approved plan by December 31, 2025. However, persons proposing a new or increased withdrawal from the waters of the Great Lakes basin must prepare a water supply service area plan prior to receiving approval for the new or increased withdrawal. The rule also applies to any person proposing a new or increased diversion from the Great Lakes Basin – regardless of the size of the population. Persons requesting a new or increased diversion must have an approved water supply service area plan before the department will grant an approval of a new or increased diversion. The purpose of water supply service area planning is to systematically evaluate alternative means of supplying water to a delineated water supply service area and to identify a cost-effective water supply alternative for the 20-year planning period.

The proposed rule requires that persons preparing a water supply service area plan: include the identification of water supply options that are based on a cost-effectiveness analysis of regional and individual water supply and water conservation alternatives; delineate a water supply service area; forecast populations and water demands; establish population densities and population forecasts; assess environmental impacts of implementing water supply alternatives; analyze how the plan is consistent with comprehensive and other planning processes; and conduct a public participation process, including review and comment, for a proposed water supply service area plan.

Summary of the factual data and analysis that support the proposed rule

Information from published scientific literature, industry manuals, information from other states and consultation with the Wisconsin Public Service Commission were reviewed in the development of the core elements of the rule. Additionally, the department considered the input from an advisory committee, which included representatives from public water supply systems, municipal and town organizations, urban planners and environmental organizations in the development of the water supply service area planning process.

Analysis and supporting documents used in determination of effect on small business

The proposed rule is estimated to affect approximately 77 public water supply systems serving populations of 10,000 or more throughout the state. The rule will affect public water supply systems owned or operated primarily by a city, village, town, utility district or municipal water district.

Summary of, and comparison with, existing or proposed federal regulation

There are no comparable federal regulations pertaining to a water supply service area planning process.

Comparison with rules in adjacent states

The following table compares water supply service area planning requirements in adjacent states.

Water Supply Service Area Planning Comparison
Wisconsin	Michigan	Illinois	Iowa	Minnesota
A water supply planning process is established for public water supply systems that serve populations of 10,000 or more or persons proposing a new or increased diversion of Great Lakes water. The planning process includes a cost-effectiveness analysis of water supply and water conservation alternatives that can sustainably supply an adequate amount of water of sufficient quality. The water supply service area plan must include a delineation of the water supply service area, describe current and projected water demands, and describe plans to meet projected water demand. The plans shall also assess environmental impacts. The rule also establishes a public participation process, timelines for plan submittal by December 31, 2025, and a department plan approval process.	Publicly owned and operated community water suppliers that operate a waterworks system are required to submit a general plan that identifies water system needs for 5-year and 20-year planning periods by January 1, 2016. The general plan may include information about current reliability studies, annual pumpage reports, a sample siting plan, a water protection plan, a water conservation and efficiency program, waterworks operation and maintenance programs, regional planning documents and relevant land use plans for the service area. Administrative rules require a public water supply system to conduct a hydrogeological study of the groundwater source to determine the availability of water and consideration of other hydrogeological conditions and water quality assessments. Administrative code also requires public water systems proposing use of a surface water supply to conduct an assessment of surface water sources including a determination of the availability of an adequate and dependable water supply source.	A water supply planning process is conducted for two regional planning agencies in the state that includes the Northeast Region and the East-Central Region. The establishment of the two water supply planning areas is based on population densities and establishment of priority watersheds in the state. The water supply plans include an evaluation of water use, water demand and future water demand projections through 2050. The water supply plans also evaluate future water supply options based on hydrogeology studies of the area, water conservation, and climate change through 2050.	A Self-Assessment Manual is used to assess Iowa water system viability. The manual is a tool for public water systems to appraise their technical, managerial, and financial capability to provide water supply to their customers. The assessment includes determining the availability and adequacy of water supply sources; treatment requirements; infrastructure needs; operation and maintenance; management and administration; finances; and future planning.	All public water supply systems that serve more than 1,000 people must submit a water supply plan every 10 years for approval. The water supply plans must include a description and evaluation of the water supply system that includes an analysis of water demand, water use trends, treatment and storage capacity, a description of water sources, natural resource impacts, resource sustainability, proposed water sources, alternative capital improvement plan, emergency response procedures, and a water conservation plan.

Effect on Small Business

Persons responsible for submitting a water supply service area plan are owners or operators of public water supply systems. Costs associated with the water supply service area planning process will be managed by the operator of a public water supply system. The costs may be passed on to the customers of the public water supply system through utility rate increases subject to PSC approval and those customers would include small businesses. Costs are likely to be very case specific; however, the department anticipates that any individual utility rate increase resulting from costs imposed by this rule would be relatively small since the costs would be distributed among all customers that the public water supply system serves (residential, commercial and industrial) and due to the 20-year planning period over which the costs could be distributed.

Pursuant to s. 227.114 , Stats., it is not anticipated that the proposed rules will have an economic impact on small businesses.

Small business regulatory coordinator

The Department's small business regulatory coordinator may be contacted at [e-mail] or by calling [phone].

Environmental Analysis

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 upon the comments received, the department may prepare an environmental analysis before proceeding with the proposal. The environmental review document would summarize the department's consideration of the impacts of the proposal and reasonable alternatives.

Fiscal Estimate

A fiscal estimate has been prepared and a full copy can be obtained following the procedures set forth above under Copies of Proposed Rule.

The department estimates that there are 77 public water supply systems that will need an approved water supply service area plan by December 31, 2025. The department estimates that 10 or fewer public water systems may need an approved water supply service area plan prior to the December 31, 2025 date.

As described below, the department assumes that the annualized costs to public water supply systems is relatively low; in part because many municipalities already conduct some level of water supply service area planning. Local governments may choose to pay for these costs out of existing funds. However, the costs will be incurred at the beginning of the planning period, and if the existing water utility revenues are insufficient to cover these up-front planning costs, the department assumes that public water supply systems regulated by the Public Service Commission (PSC) will have the option to recover the water supply planning costs from water supply users in a variety of ways.

The department estimates that the annual cost for water supply service area planning affecting local governments will be the amounts described below.

1) The department estimates that 38 public water supply systems will plan to meet the projected water demand with new or enlarged water supply facilities. The cost estimate to prepare a water supply service area plan for public water supply systems that plan to meet water demand with new or enlarged facilities is $57,300. The department assumes that the $57,300 cost to prepare the plan would be spread over a 20-year planning period: therefore the annual cost would be $57,300/20 = $2,900.

2) The department estimates that 19 public water supply systems will need to meet the projected demand with existing water supply facilities. The cost estimate to prepare a water supply service area plan with existing supplies is $27,300. The department assumes that the $27,300 cost to prepare the plan would be spread over a 20-year planning period: therefore the annual cost would be $27,300/20 = $1,400.

3) The department estimates that 20 consecutive systems will have to prepare a water supply service area plan that includes a delineation of the water supply service area, a description of the water supply system, and forecast population and water demand. The cost estimate for consecutive systems to prepare a water supply service area plan is $16,500. The department assumes that the $16,500 cost to prepare the plan would be spread over a 20-year planning period; therefore the annual cost would be $16,500/20 = $800.

Agency Contact Person

Dino Tsoris, Water Supply Specialist

Wisconsin Department of Natural Resources Bureau for Drinking Water and Groundwater

Phone: [phone]

Email: [e-mail] .