CR_13-096 Revises Chapters NR 146 and 812, relating to licensing criteria for heat exchange drillers.

There is no existing or proposed federal regulation that would govern the department's ability to create grant agreements with municipal, tribal, or private fish farms, or that would govern fish stocking in Wisconsin waters.

Comparison with rules in adjacent states

Minnesota and Indiana contract with private fish farms to fulfill some or all stocking within those states. There are no fish hatchery capital expense grant programs in other states, that the department is aware of, available to municipalities, Indian tribes, or private fish farms.

Summary of factual data and analytical methodologies

2013 Wisconsin Act 20 , the 2013-15 state budget, created s. 29.739 , Stats., which included specifications on who is eligible for grants to increase walleye production and how the grants may be used. Additional elements of this rule and the grant program were developed by department grant and propagation specialists, in consultation with University of Wisconsin aquaculture specialists and through listening sessions with fish farm operators and tribal hatchery operators.

Analysis and supporting documents used to determine effect on small business or in preparation of an economic impact analysis

State general program revenue funds were made available for the walleye production grant program. It is expected that this rule and program will provide an economic benefit for entities that meet grant criteria and are awarded grant funds, including municipal, tribal, and private fish hatcheries. There are no costs expected for entities that are awarded grants, other than potential costs associated with expanded walleye production that are not eligible for grant reimbursement or costs that applicants decide to pay for themselves. Grantees must pay for the grant project up front and will get reimbursed for eligible costs. Overall, this rule and program are expected to have a positive effect for all anglers in Wisconsin who fish for walleye, as well as small businesses that are supported by fishing.

The University of WI-Extension aquaculture staff hosted two "listening sessions" to provide private aquaculture industry with the opportunity to comment or offer suggestions regarding initial grant program plans. The sessions were held in Madison on 8/29/2013 (6-7 people in attendance) and in Wisconsin Rapids on 9/4/2013 (10 people in attendance). The same information was presented to tribal attendees at a Voigt Task Force meeting on 9/5/2013 and at meetings with tribal hatchery staffs in early October 2013.

Effects on Small Business

The rule has the potential to directly impact municipal, tribal, and private fish hatcheries by providing a new source of grant funding for projects that would increase a fish hatchery's capacity to raise walleye for stocking in waters of the state. It may also have a positive economic effect on other businesses used by grantees to implement the grant projects, such as construction companies. Except for rule elements that would require tribal grantees to obtain and pay for fish health certificates for all fish that will be stocked into waters of the state, no additional compliance or reporting requirements will be imposed on small businesses as a result of these rule changes other than those associated with grant reimbursement requirements.

This emergency rule is necessary to implement the grant program associated with the Wisconsin Walleye Initiative (WWI). 2013 Wisconsin Act 20 , the 2013-15 state budget, directed the department to create by administrative rule a competitive walleye production grant program and provided $1 million annually in a new, biennial appropriation (total of $2 million for the biennium). In addition, the state budget provided $500,000 in fiscal year 2014-15 for the department to enter into contracts to purchase fish from a local governmental unit, tribe, band, or fish farm for stocking in waters of the state.

Economic Impact

Pursuant to ss. 227.114 and 227.137 , Wis. Stats., the rule is not expected to have an adverse effect on the economy, a sector of the economy, productivity, jobs, or the overall economic competitiveness of the State. It will have a positive impact by providing $1 million annually in the 2013-15 biennium to municipal and tribal fish hatcheries and private fish farms through a competitive grant program. Grants will be used for building and improving hatchery buildings, rearing ponds, equipment and other facilities. The rule may also have a positive economic effect on other businesses used by grantees to implement the grant projects, such as construction companies.

The Department's Small Business Regulatory Coordinator may be contacted at [e-mail] or by calling [phone].

Environmental Impact

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.

Agency Contact Person

Kate Strom Hiorns

Department of Natural Resources

P.O. Box 7921

Madison, WI 53707-7921

Telephone: [phone]

Email: [e-mail] .

STATE OF WISCONSIN DEPARTMENT OF ADMINISTRATION DOA-2049 (R03/2012)	Division of Executive Budget and Finance 101 East Wilson Street, 10th Floor P.O. Box 7864 Madison, WI 53707-7864 FAX: [phone]
ADMINISTRATIVE RULES Fiscal Estimate & Economic Impact Analysis

1. Type of Estimate and Analysis
X Original   ⍽ Updated   ⍽ Corrected
2. Administrative Rule Chapter, Title and Number
New chapter NR 85, Walleye Production Grants
3. Subject
Establishment of a competitive grant program for cities, villages, towns, and counties; federally recognized Indian tribes or bands located in this state; and fish farms for increasing capacity to raise walleye for stocking in the waters of the state.
4. Fund Sources Affected			5. Chapter 20, Stats. Appropriations Affected
X GPR   ⍽ FED   ⍽ PRO   ⍽ PRS   ⍽ SEG   ⍽ SEG-S
6. Fiscal Effect of Implementing the Rule
⍽ No Fiscal Effect ⍽ Indeterminate	⍽ Increase Existing Revenues ⍽ Decrease Existing Revenues		X Increase Costs X Could Absorb Within Agency's Budget ⍽ Decrease Cost
7. The Rule Will Impact the Following (Check All That Apply)
⍽ State's Economy ⍽ Local Government Units		X Specific Businesses/Sectors ⍽ Public Utility Rate Payers X Small Businesses (if checked, complete Attachment A)
8. Would Implementation and Compliance Costs Be Greater Than $20 million? ⍽ Yes   X No
9. Policy Problem Addressed by the Rule
The 2013-15 state budget provided $1 million annually in a new, biennial appropriation (total of $2 million for the biennium) and directed the department to create by administrative rule a competitive walleye production grant program.
10. Summary of the businesses, business sectors, associations representing business, local governmental units, and individuals that may be affected by the proposed rule that were contacted for comments.
The University of WI-Extension aquaculture staff hosted two "listening sessions" to provide private aquaculture industry with the opportunity to comment or offer suggestions regarding initial grant program plans. The sessions were held in Madison on 8/29/2013 (6-7 people in attendance) and in Wisconsin Rapids on 9/4/2013 (10 people in attendance). The same information was presented to tribal attendees at a Voigt Task Force meeting on 9/5/2013 and at meetings with tribal hatchery staffs in early October 2013.
11. Identify the local governmental units that participated in the development of this EIA.
The fiscal estimate is for an emergency rule that does not require consultation with local governmental units for development of an EIA.
12. Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
The rule is not expected to have an adverse effect on the economy, a sector of the economy, productivity, jobs, or the overall economic competitiveness of the State. It will have a positive impact by providing $1 million annually in the 2013-15 biennium to municipal and tribal fish hatcheries and private fish farms through a competitive grant program. Grants will be used for building and improving hatchery buildings, rearing ponds, equipment and other facilities. The rule may also have a positive economic effect on other businesses used by grantees to implement the grant projects, such as construction companies.
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
2013 Wisconsin Act 20, the 2013-15 state budget, created s. 29.739, Stats. It included specifications on who is eligible for grants to increase walleye production and for what the grants may be used. Additional elements of this rule and the grant program were developed by department grant and propagation specialists, in consultation with University of Wisconsin aquaculture specialists and through listening sessions with fish farm operators and tribal hatchery operators. State general program revenue funds were made available for the walleye production grant program. It is expected that this rule and program will provide an economic benefit for entities that meet grant criteria and are awarded grant funds, including municipal, tribal, and private fish hatcheries. There are no costs expected for entities that are awarded grants, other than potential costs associated with expanded walleye production that are not eligible for grant reimbursement or costs that applicants decide to pay for themselves. Grantees must pay for the grant project up front and will get reimbursed for eligible costs. Overall, this rule and program is expected to have a positive effect for all anglers in Wisconsin who fish for walleye, as well as small businesses that are supported by fishing.
14. Long Range Implications of Implementing the Rule
The proposals in this rule would support the efforts of the new "Wisconsin Walleye Initiative," which is intended for state, municipal, tribal, and private fish hatchery operations to increase the production of large walleye fingerlings for stocking in Wisconsin waters. The department is hiring a limited term employee to help manage the walleye grant production program and a future contracting program. Although this increases total cost for the department, costs will be absorbed by the agency's budget because funding to cover this position was provided in the 2013-15 state budget.
15. Compare With Approaches Being Used by Federal Government
There is no existing or proposed federal regulation that would govern the department's ability to create grant contracts with municipal, tribal, or private fish farms, or that would govern fish stocking in Wisconsin waters.
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota )
Minnesota and Indiana contract with private fish farms to fulfill some or all stocking within those states. There are no grant programs in other states, that the department is aware of, for capital expenses available to municipalities, Indian tribes, or private fish hatcheries.
17. Contact Name				18. Contact Phone Number
Mike Staggs, Fisheries Management Bureau Director				608-267-0796

This document can be made available in alternate formats to individuals with disabilities upon request.

ATTACHMENT A

1. Summary of Rule's Economic and Fiscal Impact on Small Businesses (Separately for each Small Business Sector, Include Implementation and Compliance Costs Expected to be Incurred)

The proposed rule change has the potential to impact municipal, tribal, and private fish hatcheries by providing a new source of grant funding for projects that would increase a fish hatchery's capacity to raise walleye for stocking in waters of the state. Except for rule elements that would require tribal grantees to obtain and pay for fish health certificates for all fish that will be stocked into waters of the state, no additional compliance or reporting requirements will be imposed on small businesses as a result of these rule changes other than those associated with grant reimbursement requirements.

2. Summary of the data sources used to measure the Rule's impact on Small Businesses

The University of WI-Extension aquaculture staff hosted two "listening sessions" to provide private aquaculture industry with the opportunity to comment or offer suggestions regarding initial grant program plans. The sessions were held in Madison on 8/29/2013 (6-7 people in attendance) and in Wisconsin Rapids on 9/4/2013 (10 people in attendance). The same information was presented to tribal attendees at a Voigt Task Force meeting on 9/5/2013 and at meetings with tribal hatchery staffs in early October 2013.

3. Did the agency consider the following methods to reduce the impact of the Rule on Small Businesses?

X Less Stringent Compliance or Reporting Requirements

⍽ Less Stringent Schedules or Deadlines for Compliance or Reporting

⍽ Consolidation or Simplification of Reporting Requirements

⍽ Establishment of performance standards in lieu of Design or Operational Standards

⍽ Exemption of Small Businesses from some or all requirements

⍽ Other, describe:

4. Describe the methods incorporated into the Rule that will reduce its impact on Small Businesses

-Quick application and review time to allow grantees to begin project work in a timely manner.

-Enhances opportunities for federally recognized tribes or bands located in the State to work cooperatively to increase walleye populations across Wisconsin for all users.

-Provides the private aquaculture community the opportunity to work closely with the state propagation program to coordinate efforts to rear walleye of the genetic strains and quality needed to maximize the probability of successful walleye fishery development and maintenance.

5. Describe the Rule's Enforcement Provisions

The rule will be enforced by department Conservation Wardens under the authority of chapters 23 and 29, Stats.

6. Did the Agency prepare a Cost Benefit Analysis (if Yes, attach to form)

⍽ Yes X No

Notice of Hearings

Natural Resources

Environmental Protection — General, Chs. NR 100—

Environmental Protection — Water Supply,
Chs. NR 800—

CR 13-096

(DNR # DG-02-13 )

NOTICE IS HEREBY GIVEN THAT pursuant to sections 227.16 and 227.17 , Stats., the Department of Natural Resources, hereinafter the Department, will hold a public hearing on proposed revisions to Chapters NR 146 and NR 812 , relating to licensing criteria for heat exchange drillers, to standards for heat exchange drillholes that will be approved with notification rather than individual review, on the date(s) and at the time(s) and location(s) listed below.

Hearings will be held jointly with hearings on DG-03-13, relating to licensing for well filling and sealing contractors, well inspectors, and water well drilling rig operators; to inspection of water systems at time of real estate transfer; and to citations for violations related to well drilling and pump installation.

Hearing Information

Date:   Monday, December 16, 2013
Time:   4:00 p.m.
Locations:   (Attendees may select any location listed
  below on December 16)

  Madison:
  UW-Pyle Center, Room 227
  702 Langdon Street
  Madison, WI 53706

  La Crosse:
  UW-La Crosse
  Room 102 Wing Technology
  1725 State Street
  La Crosse, WI 54601

  Wausau:
  UWC-Wausau, Room 144
  near the MAIN ENTRANCE
  518 7th Avenue
  Wausau, WI 54401

  Milwaukee:
  UW-Milwaukee, Room 264 Enderis Hall
  2400 East Hartford Avenue
  Milwaukee, WI 53201

Date:   Tuesday, December 17, 2013
Time:   4:00 p.m.
Locations:   (Attendees may select any location listed
  below on December 17)

  Madison:
  UW-Pyle Center, Room 227
  702 Langdon Street
  Madison, WI 53706

  Eau Claire:
  UW-Eau Claire Old Library, Room 1128
  105 Garfield Avenue
  Eau Claire, WI 54702

  Green Bay:
  UW-Green Bay Instructional Services
  Room 1034
  2420 Nicolet Drive
  Green Bay, WI 54311

  Ashland:
  Wisconsin Indianhead Technical College
  Room 7
  2100 Beaser Avenue
  Ashland, WI 54806

Reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Contact Ms. June Everson, Bureau of Drinking Water and Groundwater, P.O. Box 7921, 101 South Webster Street, Madison, WI 53707-7921; by E-mail to [e-mail] or by calling [phone]. A request must include specific information and be received at least 10 days before the date of the scheduled hearing.

Availability of the p roposed r ules and f iscal e stimate

The proposed rule and supporting documents, including the fiscal estimate, may be viewed and downloaded from the Administrative Rules System Web site which can be accessed through the link https://health.wisconsin.gov/admrules/public/Home . If you do not have Internet access, a printed copy of the proposed rule and supporting documents, including the fiscal estimate, may be obtained free of charge by contacting Ms. June Everson, Bureau of Drinking Water and Groundwater, P.O. Box 7921, 101 South Webster Street, Madison, WI 53707-7921; by E-mail to [e-mail] or by calling [phone].

Submitting Comments

Comments on the proposed rule must be received on or before 4:30 PM on December 20, 2013. Written comments may be submitted by U.S. mail, fax, E-mail, or through the Internet and will have the same weight and effect as oral statements presented at the public hearing. Written comments and any questions on the proposed rules should be submitted to:

Mr. Randell Clark

Department of Natural Resources

Bureau of Drinking Water and Groundwater

101 S Webster St, Madison, WI 53703

Fax: [phone]

E-mail: [e-mail]

Internet: Use the Administrative Rules System Web site at the link provided above.

Analysis Prepared by the Department of Natural Resources

Statutes interpreted

Sections 227.11 and 280.11 (1) , Wis. Stats.

Statutory authority

Sections 280.15 (2m) (b) 2. , and s. 280.15 (2m) (f) 2m. b. , Wis. Stats.

Explanation of agency authority

Section 280.11 (1) , Wis. Stats., grants authority to the department to, among other things, establishing of all safeguards necessary in protecting public health against the hazards of polluted or impure water supplies. Specifically, s. 280.15 (2m) (b) 2. , Wis. Stats., requires compliance with licensing, training and education requirements promulgated by the department by rule for heat exchange drilling. Wisconsin Act 150 will become effective 36 months after publication, or April 1, 2015, at which time heat exchange drilling cannot be done without a license.

Related statutes or rules:

Chapter 280 — Pure Drinking Water, provides definitions for terms, defines the powers of the department, and lays out well drilling registration, licensing and qualification requirements and fees for such. It also defines certain prohibitions and exceptions, local authority and defines penalties and citations.

Chapter NR 146 — Well Driller and Pump Installer Registration, provides definitions, registration requirements, defines the requirements for the initial application and registration conditions. It also defines requirements for out-of-state drillers, renewals and the registrant responsibilities, as well as license suspension and revocation criteria.

Chapter NR 812 — Well Construction and Pump Installation, provides a general section covering purpose, applicability, cooperation with the department, contracts for noncomplying installations, disposal of pollutants and injection prohibition, drinking water standards, definitions and location criteria, and additional sections on new well construction and reconstruction requirements, requirements of new pump installations and water treatment, standards for existing installations, and variance conditions.

Plain language analysis

The proposed rule would create the specific requirement for heat exchange drilling to help protect sources of drinking water as well as consumers while enhancing the availability of alternate sources of energy for heating and cooling. The Department proposes to issue a single drilling license with authorizations available for either water well or heat exchange drilling or both. Construction requirements for heat exchange drilling will be proposed in the rule.

The proposed order includes provisions in ch. NR 146 for obtaining and maintaining authorization to construct heat exchange drillholes, including:

1.   Sets a minimum length and type of drillhole that a person must have constructed in order to demonstrate eligibility to test for the drilling license and heat exchange authorization;

2.   Requires continuing education in order to maintain a drilling license and heat exchange authorization;

3.   Identifies knowledge that will be the basis for written testing.

The proposed order includes provisions in ch. NR 812 ; setting specifications for heat exchange drillholes that are approvable with notification and will not automatically require individual application and review. Specifications include:

1.   number and depth of drillholes;

2.   setbacks from contamination sources or water supply wells;

3.   equipment;

4.   drilling and sealing aids;

5.   reporting and consultation procedures;

6.   abandonment procedures.

Summary and comparison with existing and proposed federal regulations

No federal regulations currently apply to private firms engaged in drilling and installation of heat exchange drillholes.

Comparison of similar rules in adjacent states

ILLINOIS: In Illinois, the Department of Public Health is responsible for oversight of the well construction code, and has authority over the location, construction and modification of closed loop wells. A small set of standards specifically covers construction of closed-loop wells. The Department of Public Health's Closed Loop Well Contractors Certification Board oversees the rules, licensing and administration. A closed loop certification is required for drillers and is issued to those who are qualified and have passed the exam. The initial examination fee is $50 and annual renewal fee is $25. Licensees must attend one continuing education session in the preceding 2 years for license renewal.

INDIANA: Indiana has a well construction code and requires a water well driller license. Geothermal heat pump wells are addressed very briefly in the well drilling code. No license is required for heat pump well drilling.

IOWA: Iowa is in the process of developing rules, but has no rules codified for heat exchange drilling at this time. Iowa has a well drilling code and a well driller certification. Fee is $400 initially and $300 for renewal. License is for a two-year period and requires 16 contact hours of continuing education.

MICHIGAN: Michigan has no codified rules at this time, but has guidelines for heat exchange systems. Michigan has a Water Well Drilling Contractor license, but no requirements for heat exchange drillers. Water well driller license fee is $40.

MINNESOTA: In Minnesota, the Commissioner of Health is responsible for oversight of the well construction code. The code includes regulations for groundwater thermal exchange devices. Minnesota has a license for a certified well contractor and a separate license for constructing vertical heat exchangers. Fees for well contractor licenses range from $75 to $250. Fees are required for construction of vertical heat exchangers, ranging from $235 to $700.

OHIO: Ohio has requirements for well construction, but no requirements for heat exchange drillholes at this time. Ohio has a well driller registration process and a $250 annual fee.

Summary of factual data and analytical methodologies

Instances of drinking water and groundwater contamination have occurred in Wisconsin as a result of improper heat exchange drilling. 2011 Wisconsin Act 150 was prompted by concerns in the drilling industry that current regulation and licensing did not adequately cover the installation of heat-exchange drillholes and that inexperienced or even unqualified drillers were doing installations in Wisconsin. The Wisconsin Water Well Association took the lead in working with the legislature, other industry representatives, and the department, to promote passage of Wisconsin Act 150.

Analysis and supporting documents used to determine effect on small business or in preparation of an economic impact analysis

The current water well drilling license is $50.00 per year for an individual drilling license and/or $50.00 for the drilling firm business license. The cost is anticipated to be the same to add certification for heat exchange drilling, so a licensed driller with both certifications would pay a total of $100. Administration of the driller license exam is currently done at no cost to the driller. No complaints of economic hardship or business impacts have been received during the collection of existing license fees. Neither the Wisconsin Water Well Association, representing many affected drillers, or individual drillers participating in the advisory committee to rule development, have expressed any concern about the impact of proposed fees.

Effect on Small Business

Economic impacts of this rule will be minimal. Actual costs to drillers are small and unlikely to affect decisions to offer a service or enter a business sector.

As a result, actual costs to consumers to use geothermal energy are unlikely to be affected by the licensing and construction requirements.

Overall economic impacts are uncertain. Additional protection of groundwater through better drilling practices may reduce future costs of drinking water treatment or groundwater clean-up.

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

Economic and fiscal impacts of this rule are anticipated to be minimal (final determination of impact will follow public comment period). Actual costs to well drillers are small and not expected to affect decisions to offer a service or enter a business sector. The current water well drilling license fee is $50 and the heat exchange drilling license fee is expected to be set at the same level (total compliance cost to industry is estimated at $500). Drillers may take the licensing exam and apply to construct heat exchange drillholes at no cost. The rule does not propose fees for either of these state services as the total cost to the state is small (total implementation cost is estimated at $7300).

Agency Contact

Randell Clark

Bureau of Drinking Water and Groundwater

P.O. Box 7921

Madison, WI 53707-7921

Email: [e-mail]

Phone: [phone].

STATE OF WISCONSIN DEPARTMENT OF ADMINISTRATION DOA-2049 (R03/2012)	Division of Executive Budget and Finance 101 East Wilson Street, 10th Floor P.O. Box 7864 Madison, WI 53707-7864 FAX: [phone]
ADMINISTRATIVE RULES Fiscal Estimate & Economic Impact Analysis

1. Type of Estimate and Analysis
X Original   ⍽ Updated   ⍽ Corrected
2. Administrative Rule Chapter, Title and Number
Chapters NR812 and NR146, Wisconsin Administrative Code
3. Subject
Heat Exchange drilling licensing and construction standards
4. Fund Sources Affected			5. Chapter 20, Stats. Appropriations Affected
X GPR   ⍽ FED   ⍽ PRO   ⍽ PRS   ⍽ SEG   ⍽ SEG-S			20.370(4)(ma)
6. Fiscal Effect of Implementing the Rule
⍽ No Fiscal Effect ⍽ Indeterminate	X Increase Existing Revenues ⍽ Decrease Existing Revenues		⍽ Increase Costs X Could Absorb Within Agency's Budget ⍽ Decrease Cost
7. The Rule Will Impact the Following (Check All That Apply)
⍽ State's Economy ⍽ Local Government Units		X Specific Businesses/Sectors ⍽ Public Utility Rate Payers ⍽ Small Businesses (if checked, complete Attachment A)
8. Would Implementation and Compliance Costs Be Greater Than $20 million? ⍽ Yes   X No
9. Policy Problem Addressed by the Rule
Potential for drinking water or groundwater contamination as a result of inexperienced or unqualified drillers constructing heat exchange drillholes
10. Summary of the businesses, business sectors, associations representing business, local governmental units, and individuals that may be affected by the proposed rule that were contacted for comments.
Well drilling businesses are anticipated to be the primary affected business sector. Many drillers are represented by the Wisconsin Water Well Association whose representatives participate in the advisory work group. Local governments may be positively impacted by reduced risk of drinking water or groundwater contamination.
11. Identify the local governmental units that participated in the development of this EIA.
The Madison Water Utility provided comments as part of the advisory work group for rule development.
12. Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
Economic and fiscal impacts of this rule are anticipated to be minimal (final determination of impact will follow public comment period). Actual costs to well drillers are small and not expected to affect decisions to offer a service or enter a business sector. The current water well drilling license fee is $50 and the heat exchange drilling license fee is expected to be set at the same level (total compliance cost to industry is estimated at $500). Drillers may take the licensing exam and apply to construct heat exchange drillholes at no cost. The rule does not propose fees for either of these state services as the total cost to the state is small (total implementation cost is estimated at $7300).
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
Benefits of implementing the rule include reduced potential for drinking water and groundwater contamination as a result of improper construction of heat exchange drillholes. No alternatives to implementing the rule are apparent as the statute prohibits heat exchange drilling without a license as of April 1, 2015.
14. Long Range Implications of Implementing the Rule
Long range implications include reduced potential for drinking water and groundwater contamination as drillers are licensed and receive continuing education annually on advances in heat exchange drilling. While the overall economic impact is uncertain, the rules are anticipated to result in less potential for impact on drilling costs, property values or water supply costs.
15. Compare With Approaches Being Used by Federal Government
No approaches are currently being used by the federal government.
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota )
ILLINOIS: In Illinois, the Department of Public Health is responsible for oversight of the well construction code, and has authority over the location, construction and modification of closed loop wells. A small set of standards specifically covers construction of closed-loop wells. The Department of Public Health's Closed Loop Well Contractors Certification Board oversees the rules, licensing and administration. A closed loop certification is required for drillers and is issued to those who are qualified and have passed the exam. The initial examination fee is $50 and annual renewal fee is $25. Licensees must attend one continuing education session in the preceding 2 years for license renewal. IOWA: Iowa is in the process of developing rules, but has no rules codified for heat exchange drilling at this time. Iowa has a well drilling code and a well driller certification. Fee is $400 initially and $300 for renewal. License is for a two-year period and requires 16 contact hours of continuing education. MICHIGAN: Michigan has no codified rules at this time, but has guidelines for heat exchange systems. Michigan has a Water Well Drilling Contractor license, but no requirements for heat exchange drillers. Water well driller license fee is $40. MINNESOTA: In Minnesota, the Commissioner of Health is responsible for oversight of the well construction code. The code includes regulations for groundwater thermal exchange devices. Minnesota has a license for a certified well contractor and a separate license for constructing vertical heat exchangers. Fees for well contractor licenses range from $75 to $250. Fees are required for construction of vertical heat exchangers, ranging from $235 to $700.
17. Contact Name				18. Contact Phone Number
Randell Clark				608-267-7895

This document can be made available in alternate formats to individuals with disabilities upon request.

Notice of Hearings

Natural Resources

Environmental Protection — General, Chs. NR 100—

Environmental Protection — Water Supply,
Chs. NR 800—

CR 13-099

(DNR # DG-03-13 )

NOTICE IS HEREBY GIVEN THAT pursuant to sections 227.16 and 227.17 , Stats., the Department of Natural Resources, hereinafter the Department, will hold public hearings on proposed revisions to chapters NR 146 and NR 812, relating to licensing for well filling and sealing contractors, well inspectors, and water well drilling rig operators; to inspection of water systems at time of real estate transfer; and to citations for violations related to well drilling and pump installation to protect public health and groundwater, on the dates and at the time and locations listed below.

Hearings will be held jointly with hearings on DG-02-13, relating to heat exchange drilling.

Hearing Information

Date:   Monday, December 16, 2013
Time:   4:00 p.m.
Locations:   (Attendees may select any location listed
  below on December 16)

  Madison:
  UW-Pyle Center, Room 227
  702 Langdon Street
  Madison, WI 53706

  La Crosse:
  UW-La Crosse
  Room 102 Wing Technology
  1725 State Street
  La Crosse, WI 54601

  Wausau:
  UWC-Wausau, Room 144
  near the MAIN ENTRANCE
  518 7th Avenue
  Wausau, WI 54401

  Milwaukee:
  UW-Milwaukee, Room 264 Enderis Hall
  2400 East Hartford Avenue
  Milwaukee, WI 53201

Date:   Tuesday, December 17, 2013
Time:   4:00 p.m.
Locations:   (Attendees may select any location listed
  below on December 17)

  Madison:
  UW-Pyle Center, Room 227
  702 Langdon Street
  Madison, WI 53706

  Eau Claire:
  UW-Eau Claire Old Library, Room 1128
  105 Garfield Avenue
  Eau Claire, WI 54702

  Green Bay:
  UW-Green Bay Instructional Services
  Room 1034
  2420 Nicolet Drive
  Green Bay, WI 54311

  Ashland:
  Wisconsin Indianhead Technical College
  Room 7
  2100 Beaser Avenue
  Ashland, WI 54806

Reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Contact Ms. June Everson, Bureau of Drinking Water and Groundwater, P.O. Box 7921, 101 South Webster Street, Madison, WI 53707-7921; by E-mail to [e-mail] or by calling [phone] . A request must include specific information and be received at least 10 days before the date of the scheduled hearing.

Availability of the p roposed r ules and f iscal e stimate

The proposed rules and supporting documents, including the fiscal estimates, may be viewed and downloaded from the Administrative Rules System Web site which can be accessed through the link https://health.wisconsin.gov/admrules/public/Home . If you do not have Internet access, a printed copy of the proposed rule and supporting documents, including the fiscal estimate, may be obtained free of charge by contacting Ms. June Everson, Bureau of Drinking Water and Groundwater, P.O. Box 7921, 101 South Webster Street, Madison, WI 53707-7921; by E-mail to [e-mail] or by calling [phone].

Submitting Comments

Comments on the proposed rules must be received on or before 4:30 PM on December 20, 2013. Written comments may be submitted by U.S. mail, fax, E-mail, or through the Internet and will have the same weight and effect as oral statements presented at the public hearing. Written comments and any questions on the proposed rules should be submitted to:

Steve Ales

Wisconsin Department of Natural Resources, DG/5

P.O. Box 7921

Madison, WI 53707-7921

E-mail: [e-mail] .

Internet: Use the Administrative Rules System Web site at the link provided above.

Analysis Prepared by the Department of Natural Resources

Statutes interpreted

Sections 227.11 and 280.11 (1) , Wis. Stats.

Statutory authority

Sections 280.11 (1) , 280.15 (3g) , 280.30 , 280.98 , 281.11 , 281.12 , and 281.19 , Wis. Stats.

Explanation of agency authority

Section 280.11 (1) , Wis. Stats., grants authority to the department to, among other things, establishment of all safeguards necessary in protecting public health against the hazards of polluted or impure water supplies. Specifically, s. 280.15 (3g) , Wis. Stats., requires compliance with licensing, training and education requirements promulgated by the department by rule for water well drilling rig operators. Section 280.30 , Wis. Stats., requires licenses or registrations for persons performing property transfer well inspections or water well filling and sealing. Section 280.98 , Wis. Stats, requires the department to promulgate rules for issuance of citations for specific licensing or well and pump code violations. Section 281.11 , Wis. Stats., authorizes the department to serve as the central unit of government to protect maintain, and improve the quality and management of the waters of the state, ground and surface, public and private.

Section 281.12 , Wis. Stats., provides that the department shall have general supervision and control over waters of the state. Section 281.19 , Wis. Stats., grants authority to the department to adopt rules applicable throughout the state for the construction, installation, use and operation of practicable and available methods for preventing and abating pollution of the waters of the state.

Related statutes or rules

Chapter 280 , Wis. Stats. — Pure Drinking Water, provides definitions for terms, defines the powers of the department, and lays out well drilling registration, licensing and qualification requirements and fees for such. It also defines certain prohibitions and exceptions, local authority and defines penalties and citations.

Chapter 281 , Wis. Stats. — Water and Sewage, designates the department as the central unit of government to protect, maintain, and improve the quality and management of the waters of the state, ground and surface, public and private, provides that the department shall have general supervision and control over waters of the state, and grants authority to the department to adopt rules applicable throughout the state for the construction, installation, use, and operation of practicable and available methods for preventing and abating pollution of the waters of the state.

Chapter NR 146 , Wis. Adm. Code — Well Driller and Pump Installer Registration, provides definitions, registration requirements, defines the requirements for the initial application and registration conditions. It also defines requirements for out-of-state drillers, renewals and the registrant responsibilities, as well as license suspension and revocation criteria.

Chapter NR 812 , Wis. Adm. Code — Well Construction and Pump Installation, provides purpose, applicability, cooperation with the department, contracts for noncomplying installations, disposal of pollutants and injection prohibition, drinking water standards, definitions and location criteria, well filling and sealing requirements, requirements of new pump installations and water treatment, standards for existing installations, and variance conditions.

Plain language analysis

The proposed rules amend chs. NR 146 and NR 812 , Wis. Adm. Code, to create specific requirements for property transfer well inspections to help protect sources of drinking water as well the health of consumers. The proposed rules do not require inspections of wells at time of property transfer, but sets uniform minimum standards if an inspection is performed. The proposed rule changes will reduce the amount of time staff currently spend answering questions and writing variances because several requirements for existing wells have been simplified and/or eliminated. Inspection forms and laboratory reports will not be submitted to the department.

The proposed rules make other changes in chs. NR 146 and 812 to conform the provisions of the rules to existing statutes. Specifically, the rule order includes provisions in ch. NR 146 for:

1.   The qualifications and training for a registered water well drilling rig operator to become a licensed water well driller.

2.   The requirements for department issuance of citations related to water well drilling and pump installing.

3.   The qualifications for performing property transfer well inspections and well filling and sealing.

The proposed order includes provisions in ch. NR 812 for

1.   Procedures and requirements property transfer well inspections.

2.   Well filling and sealing procedures.

3.   Eliminating some separation distance requirements that are no longer considered a health hazard for wells.

4.   Citation procedures

Summary and comparison with existing and proposed federal regulations

No federal regulations currently apply to private water supply wells with regard to licensing, well inspections, well filling and sealing or citations for code violations.

Comparison of similar rules in adjacent states

ILLINOIS: In Illinois, the Department of Public Health is responsible for oversight of the well construction code, and has authority over the location, construction and modification of closed loop wells. The Department of Public Health's Closed Loop Well Contractors Certification Board oversees the rules, licensing and administration.

INDIANA: Indiana has a well construction code and requires a water well driller license.

IOWA: Iowa has a well drilling code and a well driller certification. Fee is $400 initially and $300 for renewal. License is for a two-year period and requires 16 contact hours of continuing education.

MICHIGAN: Michigan has no codified rules at this time, but has guidelines for heat exchange systems. Michigan has a Water Well Drilling Contractor license. Water well driller license fee is $40.

MINNESOTA: Minnesota Department Health requires that the status of all wells on a property be disclosed at time of property transfer for the purpose of getting unused and noncomplying wells filled and sealed. There is no requirement to inspect the well or disclose their compliance with the well code at time of property transfer. Minnesota does not have citation authority for license or well or pump code violations, but can issue administrative orders with financial penalties for noncompliance. Minnesota does not require water well drilling rig operators to be registered. Minnesota requires that filling and sealing of wells be performed by a licensed contractor.

OHIO: Ohio has requirements for well construction. Ohio has a well driller registration process and a $250 annual fee.

Summary of factual data and analytical methodologies

Instances of drinking water and groundwater contamination have occurred in Wisconsin as a result of failure to properly fill and seal wells. 2005 Wisconsin Act 360 was prompted by concerns in the water well and pump industry that current regulation and licensing did not adequately address the inspection of water wells and pumps at time of property transfer and that inexperienced or even unqualified individuals were doing inspections. The Wisconsin Water Well Association took the lead, yet worked closely with department to develop Act 360. The proposed rules amend chs. NR 146 and NR 812 so that rule provisions are consistent with the statutory changes made in 2005.

Analysis and supporting documents used to determine effect on small business or in preparation of an economic impact analysis

The proposed rules codify fee amounts set in statute. The current water well drilling license is $50.00 per year for an individual drilling license and/or $50.00 for the drilling firm business license. Administration of the water well driller license exam is currently done at no cost to the water well driller. No complaints of economic hardship or business impacts have been received during the collection of existing license fees. The water well drilling rig operator registration fee is $25 per year. Annual continuing education costs about $150 per year. The Wisconsin Water Well Association, representing many affected drillers, or individual drillers participating in the advisory committee to rule development, have not expressed any concern about the impact of the fees.

Effect on Small Business

Economic impacts of this rule will be minimal. Actual costs to well drillers and pump installers are small and unlikely to affect decisions to offer a service or enter a business sector.

Overall economic impacts are uncertain. Additional protection of groundwater through better filling and sealing practices may reduce future costs of drinking water treatment or groundwater clean-up.

A copy of any Comments and Opinion Prepared by the Board of Veterans Affairs Under S. 45.03 (2m) , Stats., for Rules Proposed by the Department of Veterans Affairs [if not applicable, so state]

Not applicable.

Agency Contact

Steve Ales, Wisconsin Department of Natural Resources, DG/5, P.O. Box 7921, Madison, WI 53707-7921, E-mail: [e-mail] .

STATE OF WISCONSIN DEPARTMENT OF ADMINISTRATION DOA-2049 (R03/2012)	Division of Executive Budget and Finance 101 East Wilson Street, 10th Floor P.O. Box 7864 Madison, WI 53707-7864 FAX: [phone]
ADMINISTRATIVE RULES Fiscal Estimate & Economic Impact Analysis

1. Type of Estimate and Analysis
X Original   ⍽ Updated   ⍽ Corrected
2. Administrative Rule Chapter, Title and Number
NR 146, Well Driller and Pump Installer Registration; NR 812, Well Construction and Pump Installation
3. Subject
Licensing and Standards for Water Well Drilling Rig Operators,Property Transfer Well Inspections and Well Filling and Sealing; Citations
4. Fund Sources Affected			5. Chapter 20, Stats. Appropriations Affected
⍽ GPR   ⍽ FED   ⍽ PRO   ⍽ PRS   ⍽ SEG   ⍽ SEG-S
6. Fiscal Effect of Implementing the Rule
X No Fiscal Effect ⍽ Indeterminate	⍽ Increase Existing Revenues ⍽ Decrease Existing Revenues		⍽ Increase Costs ⍽ Could Absorb Within Agency's Budget ⍽ Decrease Cost
7. The Rule Will Impact the Following (Check All That Apply)
⍽ State's Economy ⍽ Local Government Units		X Specific Businesses/Sectors ⍽ Public Utility Rate Payers ⍽ Small Businesses (if checked, complete Attachment A)
8. Would Implementation and Compliance Costs Be Greater Than $20 million? ⍽ Yes   X No
9. Policy Problem Addressed by the Rule
N/A
10. Summary of the businesses, business sectors, associations representing business, local governmental units, and individuals that may be affected by the proposed rule that were contacted for comments.
Licensed Well Drillers and Pump Installers, Wisconsin Water Well Association, Advisory Council on Well Drilling & Pump Installing
11. Identify the local governmental units that participated in the development of this EIA.
N/A
12. Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
The proposed rule changes update administrative code to match statutory requirements and current department practice. Most affected entities are already licensed and follow the standards proposed here. These requirements affect voluntary home inspections. The statute requires the department to develop rules for issuance of citations.
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
This proposal aligns administrative code with statutory requirements. Those requirements improve well inspections, which increases protection for the state's groundwater supplies.
14. Long Range Implications of Implementing the Rule
Same as above.
15. Compare With Approaches Being Used by Federal Government
There are no Federal requirements for private water supplies.
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota )
Minnesota Department of Health requires, at time of property transfer, disclosure of wells that need to be filled and sealed.
17. Contact Name				18. Contact Phone Number
Stephen M. Ales				608-267-7649

This document can be made available in alternate formats to individuals with disabilities upon request.

Notice of Hearings

Revenue

CR 13-095

NOTICE IS HEREBY GIVEN That, pursuant to sections 77.58 (5) , 77.65 (3) , and 227.11 (2) (a) , Stats., the Department of Revenue will hold a public hearing to consider permanent rules revising Chapter Tax 11 , relating to sales tax filing frequency.

Hearing Information

Date:   Friday, December 13, 2013
Time:   1:00 p.m.
Locations:   Events Room
  State Revenue Building
  2135 Rimrock Road
  Madison, WI 53713

Handicap access is available at the hearing location.

Appearances at the Hearing and Submittal of Written Comments

Interested persons are invited to appear at the hearing and may make an oral presentation. It is requested that written comments reflecting the oral presentation be given to the department at the hearing. Written comments may also be submitted to the contact person listed below or to adminrules.wisconsin.gov no later than December 13, 2013 , and will be given the same consideration as testimony presented at the hearing.

Dale Kleven

Department of Revenue

Mail Stop 6-40

2135 Rimrock Road

P.O. Box 8933

Madison, WI 53708-8933

Telephone: [phone]

E-mail: [e-mail] .

Analysis by the Department of Revenue

Statutes interpreted

Section 77.58 (1) (a) and (5) , Stats.

Statutory authority

Sections 77.58 (5) , 77.65 (3) , and 227.11 (2) (a) , Stats.

Explanation of agency authority

Section 77.58 (5) , Stats., provides "The department, if it deems it necessary to ensure payment to or facilitate the collection by the state of the amount of taxes, may require returns and payments of the amount of taxes for other than quarterly periods. The department may, if satisfied that the revenues will be adequately safeguarded, permit returns and payments of the amount of taxes for other than quarterly periods … "

Section 77.65 (3) , Stats., provides "[t]he department may promulgate rules to administer this section … "

Section 227.11 (2) (a) , Stats., provides "[e]ach 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..."

Related statute or rule

There are no other applicable statutes or rules.

Plain language analysis

This proposed rule amends the reference in s. Tax 11.93 to increase the annual filing standard to $600 (currently $300) to allow more retailers to file sales tax returns annually. This is consistent with changes made to s. 77.58 (1) (a) , Stats., by 2013 Wis. Act 20 , to allow more retailers to file sales tax returns less frequently (quarterly rather than monthly).

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

There is no existing or proposed federal regulation that is intended to address the activities to be regulated by the rule.

Comparison with rules in adjacent states

Illinois (86 ILL. Adm. Code 130.502), Iowa (Rule 701 12.1(422)), and Minnesota (Rule 8130.7300) also address sales tax filing frequency in their rules. As with Wisconsin, each of these state's rules are based on unique underlying statutes and policy. Because of this, a meaningful comparison cannot be made.

Summary of factual data and analytical methodologies

2013 Wis. Act 20 doubled the threshold upon which a monthly sales tax return is required to be filed ($600 to $1200). The department has created this proposed rule order to be consistent with this statutory change by doubling the threshold upon which an annual sales tax return may be filed ($300 to $600). No other data was used in the preparation of this proposed rule order or this analysis.

Analysis and supporting documents used to determine effect on small business

This rule order makes changes to reflect current law and current department policy. It makes no policy or other changes having an effect on small business.

Anticipated Costs Incurred by Private Sector

This proposed rule does not have a fiscal effect on the private sector.

Effect on Small Business

This proposed rule does not affect small business.

Agency Contact Person

Please contact Dale Kleven at [phone] or [e-mail] if you have any questions regarding this proposed rule.

Text of Rule

SECTION 1. Tax 11.93 (1) and (Note 2) are amended to read:

Tax 11.93 (1) A retailer holding a regular seller's permit who during the previous calendar or fiscal year had a sales and use tax liability not exceeding $300 $600 will be notified by the department that it must only file one sales and use tax return for the following year. If the retailer wants to continue to file returns on a quarterly basis, it must contact the department.

(Note 2) The interpretations in s. Tax 11.93 are effective under the general sales and use tax law on and after September 1, 1969, except: (a) The A $300 standard applies applied to taxable years beginning on and after January 1, 1979. Prior to that date, a $100 standard applied; and (b) The "annual information return" was eliminated for 1981 and subsequent years, pursuant to Chapter 221, Laws of 1979 . ; and (c) The $600 standard applies on and after January 1, 2014.

SECTION 2. Effective date. This rule shall take effect on the first day of the month following publication in the Wisconsin Administrative Register as provided in s. 227.22 (2) (intro.) , Stats.

ADMINISTRATIVE RULES FISCAL ESTIMATE AND ECONOMIC IMPACT ANALYSIS
Type of Estimate and Analysis
X Original ⍽ Updated ⍽ Corrected
Administrative Rule Chapter, Title and Number
Chapter Tax 11 – Sales and use tax
Subject
Sales tax filing frequency
Fund Sources Affected			Chapter 20 , Stats. Appropriations Affected
⍽ GPR ⍽ FED ⍽ PRO ⍽ PRS ⍽ SEG ⍽ SEG-S
Fiscal Effect of Implementing the Rule
⍽ No Fiscal Effect ⍽ Indeterminate	⍽ Increase Existing Revenues X Decrease Existing Revenues		X Increase Costs X Could Absorb Within Agency's Budget ⍽ Decrease Costs
The Rule Will Impact the Following (Check All That Apply)
⍽ State's Economy X Local Government Units		⍽ Specific Businesses/Sectors ⍽ Public Utility Rate Payers
Would Implementation and Compliance Costs Be Greater Than $20 million? ⍽ Yes X No
Policy Problem Addressed by the Rule
The rule does not create or revise policy, other than to reflect current law and department policy.
Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
As indicated in the attached fiscal estimate, the proposed rule would decrease state sales and use taxes by $1.7 million (non-recurring loss) in FY14 and decrease county and stadium sales and use taxes by $140,000 (non-recurring loss) in FY14. No comments concerning the economic effect of the rule were submitted in response to the department's solicitation.
Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
Clarifications and guidance provided by administrative rules may lower the compliance costs for businesses, local governmental units, and individuals. If the rule is not implemented, Chapter Tax 11 will be incomplete in that it will not reflect current law or department policy.
Long Range Implications of Implementing the Rule
No long-range implications are anticipated.
Compare With Approaches Being Used by Federal Government
N/A
Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota )
N/A

FISCAL ESTIMATE FORM				2013 Session
X ORIGINAL ⍽ UPDATED	LRB #
	INTRODUCTION #
⍽ CORRECTED ⍽ SUPPLEMENTAL	Admin rule #		Tax 11: Sales Tax Filing Frequency
Subject Proposed order of the Department of Revenue relating to sales tax filing frequency
Fiscal Effect

State: ⍽   No State Fiscal Effect   Check columns below only if bill makes a direct appropriation or affects a sum sufficient appropriation   ⍽ Increase Existing Appropriation   ⍽ Increase Existing Revenues   ⍽ Decrease Existing Appropriation   X Decrease Existing Revenues   ⍽ Create New Appropriation			X Increase Costs — May be Possible to Absorb Within Agency's Budget X Yes ⍽ No ⍽ Decrease Costs
Local: ⍽ No Local Government Costs
1. ⍽ Increase Costs	3. ⍽ Increase Revenues		5. Types of Local Governmental Units Affected:
⍽ Permissive ⍽ Mandatory	⍽ Permissive ⍽ Mandatory		⍽ Towns ⍽ Villages ⍽ Cities
2. ⍽ Decrease Costs	4. ⍽ Decrease Revenues		X Counties X Others	Stadium Districts
⍽ Permissive ⍽ Mandatory	⍽ Permissive ⍽ Mandatory		⍽ School Districts ⍽ WTCS Districts
Fund Sources Affected ⍽ GPR ⍽ FED ⍽ PRO ⍽ PRS ⍽ SEG ⍽ SEG-S		Affected Ch. 20 Appropriations

Assumptions Used in Arriving at Fiscal Estimate:

The proposed rule modifies Chapter TAX 11 of the Administrative Code regarding the requirements for quarterly and annual sales and use tax filing. Currently, a registered business with an annual sales and use tax liability not exceeding $300 must only file sales and use tax returns on an annual basis. If the retailer prefers to file on a quarterly basis, it must contact the department. The proposal would increase the $300 threshold to $600, allowing more businesses to file sales and use tax returns on an annual basis. The change to the filing threshold would be effective January 1, 2014.

Based on information from state sales and use tax returns, the rule change is expected to affect 8,091 filers. While the proposal does not impact tax liabilities, sales tax returns for quarters ending March 31 and June 30 would be due Dec 31 of the next fiscal year. Assuming all affected businesses file on an annual basis, the proposal would result in a $1.7 million non-recurring loss in FY14.

County and stadium sales and use taxes were 8.2% of state sales and use taxes in FY13. Assuming this does not change, county and stadium taxes would decrease by $140,000 (non-recurring loss) in FY14.

Notice of Hearings

Safety and Professional Services — Board of Nursing

CR 13-097

NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Board of Nursing in sections 15.08 (5) (b) and 227.11 (2), Wis. Stats., and interpreting section 441.07, Wis. Stats., the Board of Nursing will hold a public hearing at the time and place indicated below to consider an order to repeal section N 7.04 , amend section N 7.01 (2) , repeal and recreate section N 7.03 , and create section N 7.02 (1m) , relating to code of conduct.

Hearing Information

Date:   Thursday, December 19, 2013
Time:   8:05 a.m.
Locations:   1400 East Washington Avenue
  Room 121 A
  Madison, Wisconsin

Appearances at the Hearing and Comments

Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to Sharon Henes, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received at or before the public hearing to be included in the record of rule-making proceedings.

Copies of Rule

Copies of this proposed rule are available upon request to Sharon Henes, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708, by email at [e-mail] or on our website at http://dsps.wi.gov/Default.aspx?Page=44e541e8-abdd-49da-8fde-046713617e9e .

Analysis Prepared by the Department of Safety and Professional Services

Statutes interpreted

Section 441.07 , Stats.

Statutory authority

Sections 15.08 (5) (b) and 227.11 (2) (a) , Stats.

Explanation of agency authority

The Board of Nursing has general agency authority to promulgate rules interpreting the provisions of any statue enforced or administered by the Board of Nursing.

The Board also has specific agency conferred by the legislature to promulgate rules for its own guidance and for the guidance of the profession and define and enforce professional conduct and unethical practices.

Related statute or rule

Section 441.07 , Stats.

Plain language analysis

Section 1 amends the statement of intent to include certificate due to the disciplinary action may be taken against an advanced practice nurse prescriber certificate.

Section 2 provides a definition for certificate.

Section 3 creates a new section defining the grounds for disciplinary action

Section 4 repeals s. N 7.04 which defined unprofessional conduct. This proposed rule combines the negligence and unfit to practice section with the unprofessional conduct section to make one section identifying the grounds for disciplinary action.

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

None.

Comparison with rules in adjacent states

Illinois: The grounds for disciplinary actions in Illinois include: findings of unethical or unprofessional conduct which includes engaging in behavior that crosses professional boundaries; sexual conduct; deceiving, defrauding, or harming the public; and departure from or failure to conform to the standards of professional or practical nursing. In addition, Illinois incorporates be reference the "Code for Nurses with Interpretive Statements" and "Standards of Practice and Educational Competencies of Graduates of Practical/Vocational Nursing Programs."

Iowa: The grounds for disciplinary actions in Iowa include: behavior which constitutes knowingly making misleading, deceptive, untrue or fraudulent representations in the practice of a profession; behaviors which constitutes unethical conduct; behavior which constitutes fraud; behavior which constitutes knowingly making misleading, deceptive, untrue or fraudulent representations; and professional incompetency.

Michigan: The grounds for disciplinary actions in Michigan include: personal disqualifications; practicing outside the scope; unprofessional conduct; fraud or deceit; obtaining, possessing or attempting to obtain a controlled substance; and unethical business practices.

Minnesota: The grounds for disciplinary actions in Minnesota include: non-compliance with requirements; practicing outside the scope; criminal convictions; violating confidentiality; engaging in conduct with a patient that is sexual or may reasonably be interpreted as sexual; obtaining money, property or services from a patient through the use of undue influence; engaging in fraud or deceit; failing to or inability to perform professional or practical nursing with reasonable skill and safety; engaging in unprofessional conduct; actual or potential inability to practice nursing with reasonable skill and safety; engaging in any unethical conduct; improper management of patient records; and improper supervision.

Summary of factual data and analytical methodologies

The Board of Nursing reviewed the recently adopted model rules of the National Council of State Boards of Nursing and the surrounding states as well as utilizing knowledge of current minimum standards to determine what would be in the best interest of the state of Wisconsin when setting forth the practices which constitute grounds for discipline.

Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis

These rules were posted for economic comments for a 14 day period and no comments were received.

Fiscal Estimate and Economic Impact Analysis

The Fiscal Estimate and Economic Impact Analysis is attached.

Initial Regulatory Flexibility Analysis or Summary

These proposed rules do not have an economic impact on small businesses, as defined in s. 227.114 (1) , Stats. The Department's Regulatory Review Coordinator may be contacted by email at [e-mail] , or by calling [phone].

Agency Contact Person

Sharon Henes, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, Wisconsin 53708; telephone [phone]; email at [e-mail] .

STATE OF WISCONSIN DEPARTMENT OF ADMINISTRATION DOA-2049 (R03/2012)	Division of Executive Budget and Finance 101 East Wilson Street, 10th Floor P.O. Box 7864 Madison, WI 53707-7864 FAX: [phone]
ADMINISTRATIVE RULES Fiscal Estimate & Economic Impact Analysis

1. Type of Estimate and Analysis
X Original   ⍽ Updated   ⍽ Corrected
2. Administrative Rule Chapter, Title and Number
N 7
3. Subject
Misconduct or unprofessional conduct
4. Fund Sources Affected			5. Chapter 20, Stats. Appropriations Affected
⍽ GPR   ⍽ FED   X PRO   ⍽ PRS   ⍽ SEG   ⍽ SEG-S			20.165(1)(g)
6. Fiscal Effect of Implementing the Rule
X No Fiscal Effect ⍽ Indeterminate	⍽ Increase Existing Revenues ⍽ Decrease Existing Revenues		⍽ Increase Costs ⍽ Could Absorb Within Agency's Budget ⍽ Decrease Cost
7. The Rule Will Impact the Following (Check All That Apply)
⍽ State's Economy ⍽ Local Government Units		⍽ Specific Businesses/Sectors ⍽ Public Utility Rate Payers ⍽ Small Businesses (if checked, complete Attachment A)
8. Would Implementation and Compliance Costs Be Greater Than $20 million? ⍽ Yes   X No
9. Policy Problem Addressed by the Rule
The policy problem addressed by the rule is to update and modernize the misconduct or unprofessional conduct rule which has not been updated since 1995.
10. Summary of the businesses, business sectors, associations representing business, local governmental units, and individuals that may be affected by the proposed rule that were contacted for comments.
This rule was posted for 14 days for economic comments and none were received.
11. Identify the local governmental units that participated in the development of this EIA.
None
12. Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
This rule will not have an economic or fiscal impact on specific businesses, business sectors, public utility rate payers, local governmental units or the state's economy as a whole. The rule addresses conduct of the licensee.
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
The benefit of implementing the rule is including current minimum standards of the profession necessary for the protection of the public. In addition, as a member state of the Nurse Licensure Compact, the benefit is to have consistency among the compact states as to what practices are construed as misconduct or unprofessional conduct. The alternate to updating and modernizing the misconduct or unprofessional conduct rule is to continue with a current rule that creates uncertainty to the licensee as to what is misconduct or unprofessional conduct when a situation arises involving technology, practices or laws that were not in place in 1995.
14. Long Range Implications of Implementing the Rule
The long range implication is notice provided to the licensees and public as to what constitutes unprofessional conduct.
15. Compare With Approaches Being Used by Federal Government
None
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota )
The grounds for disciplinary actions in our neighboring states include: behavior which crosses professional boundaries; sexual conduct; fraud; departure from or failure to conform to the standards of nursing; practicing outside the scope; obtaining, possessing or attempting to obtain a controlled substance outside the practice of nursing; unethical business practices; criminal convictions; violating confidentiality; obtaining money, property or services from a patient through the use of undue influence; failing to or inability to perform nursing with reasonable skill and safety; engaging in unethical practices; improper management of patient records; and improper supervision.
17. Contact Name				18. Contact Phone Number
Sharon Henes				[phone]

This document can be made available in alternate formats to individuals with disabilities upon request.

Notice of Hearings

Safety and Professional Services — Board of Nursing

CR 13-098

NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Board of Nursing in sections 15.08 (5) (b), 227.11 (2); 441.01; 441.50 (6); 441.50 (6 ) (c), Wis. Stats., and interpreting section 441.50, Wis. Stats., the Board of Nursing will hold a public hearing at the time and place indicated below to consider an order to create Chapter N 9 , relating to nurse licensure compact

Hearing Information

Date:   Thursday, December 19, 2013
Time:   8:00 a.m.
Locations:   1400 East Washington Avenue
  Room 121A
  Madison, Wisconsin

Appearances at the Hearing and Comments

Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to Sharon Henes, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received at or before the public hearing to be included in the record of rule-making proceedings.

Copies of Rule

Copies of this proposed rule are available upon request to Sharon Henes, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708, by email at [e-mail] or on our website at http://dsps.wi.gov/Default.aspx?Page=44e541e8-abdd-49da-8fde-046713617e9e .

Analysis Prepared by the Department of Safety and Professional Services

Statutes interpreted

Section 441.50 , Stats.

Statutory authority

Sections 15.08 (5) (b) , 227.11 (2) , 441.01 , 441.50 (6) , 441.50 (6) (c) , Stats.

Explanation of agency authority

An examining board shall promulgate rules for its own guidance and for the guidance of the profession to which it pertains. The Board may establish rules to prevent unauthorized persons from practicing professional nursing. The Board shall approve all rules for the administration of ch. 441 , Stats., in accordance with ch. 227 , Stats.

The Board shall have the authority to promulgate uniform rules and regulations which are developed by the nurse licensure compact administrators. These uniform rules shall be adopted by party states.

Related statute or rule

Section 441.50 , Stats.

Plain language analysis

Wisconsin is a party state to the Nurse Licensure Compact. The Nurse Licensure Compact requires the adoption of the uniform rules for facilitation and coordination of the implementation of the Nurse Licensure Compact. The issues the rules address include: issuance of a multi-state license; limitations or discipline on a multi-state licensure; required data to collect (and who has access to that data); and various reporting to the information system requirements.

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

None.

Comparison with rules in adjacent states

Illinois: Illinois is not part of the nurse licensure compact.

Iowa: Iowa is part of the nurse licensure compact and has adopted these rules.

Michigan: Michigan is not part of the nurse licensure compact.

Minnesota: Minnesota is not part of the nurse licensure compact.

Summary of factual data and analytical methodologies

The nurse licensure compact administrators approve the uniform rules.

Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis

These rules were posted for economic comments for a 14 day period and no comments were received.

Fiscal Estimate and Economic Impact Analysis

The Fiscal Estimate and Economic Impact Analysis is attached.

Initial Regulatory Flexibility Analysis or Summary

These proposed rules do not have an economic impact on small businesses, as defined in s. 227.114 (1) , Stats. The Department's Regulatory Review Coordinator may be contacted by email at [e-mail] , or by calling [phone].

Agency Contact Person

Sharon Henes, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, Wisconsin 53708; telephone [phone]; email at [e-mail] .

STATE OF WISCONSIN DEPARTMENT OF ADMINISTRATION DOA-2049 (R03/2012)	Division of Executive Budget and Finance 101 East Wilson Street, 10th Floor P.O. Box 7864 Madison, WI 53707-7864 FAX: [phone]
ADMINISTRATIVE RULES Fiscal Estimate & Economic Impact Analysis

1. Type of Estimate and Analysis
X Original   ⍽ Updated   ⍽ Corrected
2. Administrative Rule Chapter, Title and Number
N 9
3. Subject
Nurse Licensure Compact
4. Fund Sources Affected			5. Chapter 20, Stats. Appropriations Affected
⍽ GPR   ⍽ FED   X PRO   ⍽ PRS   ⍽ SEG   ⍽ SEG-S			20.165(1)(g)
6. Fiscal Effect of Implementing the Rule
X No Fiscal Effect ⍽ Indeterminate	⍽ Increase Existing Revenues ⍽ Decrease Existing Revenues		⍽ Increase Costs ⍽ Could Absorb Within Agency's Budget ⍽ Decrease Cost
7. The Rule Will Impact the Following (Check All That Apply)
⍽ State's Economy ⍽ Local Government Units		⍽ Specific Businesses/Sectors ⍽ Public Utility Rate Payers ⍽ Small Businesses (if checked, complete Attachment A)
8. Would Implementation and Compliance Costs Be Greater Than $20 million? ⍽ Yes   X No
9. Policy Problem Addressed by the Rule
Wisconsin is a party of the Nurse Licensure Compact. The Nurse Licensure Compact requires the adoption of the uniform rules for facilitation and coordination of implementation of the compact.
10. Summary of the businesses, business sectors, associations representing business, local governmental units, and individuals that may be affected by the proposed rule that were contacted for comments.
This rule was posted for economic impact comments for 14 days and none were received.
11. Identify the local governmental units that participated in the development of this EIA.
None
12. Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
This rule will not have an economic or fiscal impact on specific businesses, business sectors, public utility rate payers, local governmental units or the state's economy as a whole.
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
The benefit of implement the rules is our continued participation in the Nurse Licensure Compact. The Nurse Licensure Compact allows nurses to practice across state lines. If Wisconsin were removed from the Nurse Licensure Compact, for failure to implement the uniform rules, there would be an economic impact on the state and nurses license in Wisconsin would be ineligible to practice out of state under their Wisconsin license.
14. Long Range Implications of Implementing the Rule
The long range implication of implementing the rule is continual participation in the Nurse Licensure Compact.
15. Compare With Approaches Being Used by Federal Government
None
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota )
Iowa is a member of the Nurse Licensure Compact and have adopted the uniform rules. Illinois, Michigan and Minnesota are not current party states to the Nurse Licensure Compact.
17. Contact Name				18. Contact Phone Number
Sharon Henes, Administrative Rules Coordinator				[phone]

This document can be made available in alternate formats to individuals with disabilities upon request.