These proposed rules will be reviewed by the department through its Small Business Review Advisory Committee to determine whether there will be an economic impact on a substantial number of small businesses, as defined in s. 227.114 (1) (a), Stats.

Copies of this proposed rule are available without cost upon request to: Pamela Haack, Department of Regulation and Licensing, Office of Administrative Rules, 1400 East Washington Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708 (608) 266-0495

NOTICE IS HEREBY GIVEN that pursuant to ss. 51.42 (7) (b), 51.421 (3) (a) and 227.11 (2) (a), Stats., the Department of Health and Family Services will hold public hearings to consider the proposed creation of ch. HFS 36, relating to standards for Community-Based Psychosocial Services for persons with mental illness and children with emotional disturbance.

The public hearings will be held:

Date & Time	Location
December 11, 2000 Monday 10:00 AM to 2:00 PM	Room 120 State Office Building 141 NW Barstow Street Waukesha, WI
December 12, 2000 Tuesday 10:30 AM to 2:30 PM	Room 123 State Office Building 610 Gibson Street Eau Claire, WI
December 15, 2000 Friday 10:30 AM to 2:30 PM	Room 152A State Office Building 200 N. Jefferson Street Green Bay, WI

The hearings are accessible to people with disabilities.

The Department of Health and Family Services is holding public hearings to solicit public comment on proposed administrative rules establishing standards for the certification of programs to provide community-based psychosocial services for persons with mental disorders.

Section 49.45 (30e) (b), Stats., as created by 1997 Wisconsin Act 27, directs the Department to promulgate rules for community-based psychosocial service for the purpose of allowing a qualified service provider to be reimbursed through the Wisconsin Medical Assistance Program for psychosocial services provided to Medical Assistance recipients. These rules establish standards for determining program eligibility, identify the services that may be provided, and specify requirements for program certification. Section 49.46 (2) (b) 6. Lm., Stats., as created by 1997 Wisconsin Act 27, added psychosocial services provided by staff of a community-based psychosocial service to the list of covered benefits under the Wisconsin Medical Assistance Program.

Section 51.42 (7) (b), Stats., authorizes the Department to promulgate administrative rules necessary to administer mental health programs. Currently, no rules establish individuals' eligibility for psychosocial service benefits, nor specify the type, quantity and quality of psychosocial services. The specification of standards, structures and requirements for the Department to certify mental health programs is a responsibility of the Department. Therefore, the Department proposes these rules to permit Medical Assistance funding for psychosocial services as specified in s. 49.45 (30e) (b), Stats.

To find out more about the hearing or to request a copy of the rules, write, phone or e-mail:

Jan Devore
Bureau of Community Mental Health
P.O. Box 7851
Madison, WI 53704-7851
(608) 266-3249 or,

If you are hearing impaired, call (608) 267-9400 (TDD)

e-mail: devorjk@dhfs.state.wi.us

If you are hearing or visually impaired, do not speak English, or have circumstances which might make communications at a hearing difficult, therefore requiring an interpreter or a non-English large print or taped version of the hearing document, contact the Jan Devore at the address or phone number given above at least 10 days before the hearing. With less than 10 days notice, an interpreter may not be available.

Written comments received by e-mail or mail at the above address no later than 4:00 p.m. on December 19, 2000 will be given the same consideration as testimony presented at a hearing.

This proposed order creates a new mental health program pursuant to s. 49.45 (30e) (b), Stats., as created by 1997 Wisconsin Act 27. These rules will affect counties who elect to provide the Medicaid match funding to provide services to individuals with mental health problems that require more than outpatient services and less than Community Support Program services. These individuals are now being served by counties under case management services which provides limited reimbursement from MA and with the match provided by county and state aids. Many of the case management clients require treatment and rehabilitation services that are not covered under the targeted case management provisions of MA. This change would allow counties to receive reimbursement for these services for individuals who are eligible for MA.

Counties are presently providing the funding for these services from county tax revenue and state aids. This program will allow coverage by the Medical Assistance program if the county elects to provide the matching funds. The net effect should be an increase in revenue for providing services that are presently funded locally.

The Department would not have significant additional costs as we anticipate that the program certification of these providers will be conducted in conjunction with certifying other mental health programs like community support programs.

These proposed administrative rules apply to county departments or agencies that contract with the county to provide comprehensive community services under this administrative code and to those that are certified to provide those services. The proposed rules do not apply to other mental health or human service programs. Consequently, the proposed rules will not have an effect on small businesses as defined under s. 227.114 (1) (a), Stats.

NOTICE IS HEREBY GIVEN that pursuant to ss. 49.77 and 49.775, Stats., and ss. 227.11 (2) (a) and 227.24 (4), Stats., the Department of Health and Family Services will hold a public hearing to consider the creation of ch. HFS 79, relating to the recovery of incorrectly paid benefits under the Wisconsin Supplemental Security Income (SSI) Program, and emergency rules published on September 15, 2000 on the same subject.

The public hearing will be held:

Date & Time	Location
December 13, 2000 Wednesday 1:00 PM to 3:00 PM	Conference Room 950A State Office Building 1 West Wilson Street Madison, WI

The hearing site is fully accessible to people with disabilities.

Parking for people with disabilities attending the hearing is available in the parking lot behind the building, in the Monona Terrace Convention Center Parking Ramp and in the Doty Street Parking Ramp. People with disabilities may enter the building directly from the parking lot at the west end of the building or from Wilson Street through the side entrance at the east end of the building.

Sections 49.77 and 49.775, Stats., authorize the Department to administer Supplemental Security Income (SSI) state supplemental payments to low income elderly and disabled residents of Wisconsin and their dependent children. These SSI payments are funded by state general purpose revenue and federal Temporary Assistance for Needy Families (TANF) grant funding in excess of $140,000,000 per state fiscal year. These payments are distributed monthly to approximately 100,000 beneficiaries and their dependent children. Neither s. 49.77 or 49.775, Stats., direct the Department to develop administrative rules to administer the program.

An unavoidable aspect of the program is the Department's need to periodically recover payments incorrectly made to benefit recipients. Overpayments and incorrect payments occur due to delays in transmission of eligibility and pricing information between the federal Social Security Administration and the Department and are not due to the Department's error or omission. On November 24, 1999, by order of the Wisconsin Court of Appeals, District II, the Department was found, absent administrative rule, to lack the authority to administratively recoup benefits overpaid to recipients who were ineligible for the benefits or to whom the Department paid an incorrect amount of benefits. The Department sought to appeal the decision to the Wisconsin Supreme Court, but recently learned that the Supreme Court will not hear the case. Since the Department's inability to recover payments made in error may cost the Department about $10,000 per month, the Department published an emergency rule on September 15, 2000 to recover overpayments and incorrect payments. Department is now promulgating a permanent rule and will hold a public hearing regarding both the establishment of the emergency rule and the promulgation of the permanent rule.

The emergency rule already in place and the proposed permanent rule provide the Department with the authority to recoup benefits incorrectly paid under ss. 49.77 and 49.775, Stats., and to effectively administer both state and federal public welfare funding.

The hearing notice, emergency rules and proposed permanent rules are all available through the Department's web site at: www.dhfs.state.wi.us/news/rules/index.htm. To find out more about the hearing or to request a written copy of the emergency or proposed permanent rules, write, phone or e-mail:

Kathleen Luedtke
SSI Coordinator
Division of Supportive Living
P.O. Box 7851
Madison, Wisconsin 53707
(608) 266-6890 or,

If you are hearing impaired, (608) 266-7376

e-mail: luedtka@dhfs.state.wi.us

If you are hearing or visually impaired, do not speak English, or have circumstances which might make communication at a hearing difficult and if you, therefore, require an interpreter or a non-English, large print or taped version of the hearing document, contact the person at the address or phone number shown above. Persons requesting a non-English or sign language interpreter should contact the person at the address or phone number given above at least 10 days before the hearing. With less than 10 days notice, an interpreter may not be available.

Written comments received by mail, fax or e-mail at an above address no later than 5:00 p.m., December 20, 2000, will be given the same consideration as testimony presented at a hearing.

The establishment of ch. HFS 79 will not affect the expenditures of either state or local governments. Administrative costs of the Wisconsin SSI Program are funded by general purpose tax revenues and will not change due to promulgation of this rule. Revenues to the program in the form of recovery of overpayments or incorrect payments will increase, allowing the Department to effectively manage the appropriation for this program.

The promulgation of Ch. HFS 79 will not affect small businesses as “small business" is defined in s. 227.114 (1) (a), Stats.

NOTICE IS HEREBY GIVEN that pursuant to ss. 1.11, 23.09, 23.32, 23.321, 29.011, 281.11 and 227.11 (2) (a), Stats., interpreting ss. 23.09, 23.321, 29.011 and 281.11, Stats., the Department of Natural Resources will hold public hearings on revisions to s. NR 1.95, Wis. Adm. Code, relating to the Natural Resources Board policy on wetlands preservation, protection, restoration and management. Since the policy was created in 1978, there have been numerous changes to federal laws and programs that have impacted heavily on how we regulate and manage Wisconsin's wetlands. In addition to “housekeeping" changes to reflect these changes, the strategic direction and goals being codified in s. NR 1.95 include revisions to:

Strengthen relationships with property owners, not-for-profit conservation organizations and local governments. Develop the outreach and incentives needed to encourage private wetland stewardship. Provide the technical assistance needed for private wetland stewardship.

Manage wetlands for biodiversity, wildlife health and ecological integrity. Identify important wetlands within watersheds and develop coherent ecologically based protection and management plan for each watershed. Encourage wetland restoration and enhancement projects for both specific functions and for the full range of functions.

Simplify our regulatory approach by identifying ways to improve our current regulatory program, by developing an effective wetland enforcement program and a compensatory mitigation program. Also look at developing a comprehensive state administered wetland protection program.

Develop and use modern technology. Increase the use and accessibility of the Wisconsin Wetland Inventory, develop a comprehensive, integrated and current wetland monitoring/resource inventory and increase the availability of wetland information.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to ss. 23.321, 281.15 and 227.11(2)(a), Stats., interpreting s. 23.321, Stats., the Department of Natural Resources will hold public hearings on revisions to ch. NR 103 and the creation of ch. NR 350, Wis. Adm. Code, relating to wetland compensatory mitigation. The proposed changes to ch. NR 103 address the process for consideration of wetland compensatory mitigation. To make the new process clear, the department proposes a complete re-write of the decision process section of the code under s. NR 103.08 (4). The revision would set forth a different review process depending on the type of activity or the characteristic of the wetland impact. When compensatory mitigation enters into a decision, the specifics for what is required for compensation shall be found in ch. NR 350.

A newly created ch. NR 350 is proposed to establish requirements for mitigation projects and mitigation banking in accordance with the requirements of the law including: a sequence of compensatory mitigation that requires practicable on-site compensation before allowing off-site compensation and/or use of banks; ratios for wetland replacement based on the type of wetland, proximity of the compensation site to the area of impact, and the type of replacement project; requirements for planning and design of compensation sites; requirements for short and long-term monitoring and management of compensation sites; financial assurances that the sites will be constructed and maintained as approved; requirements for long-term protection of sites as wetlands using easements or deed restrictions; a process for mitigation banking and the responsibilities of bank sponsors and the department; and requirements for public notification on mitigation banks and bank proposals.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses.

NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.

NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:

December 11, 2000 Monday	Room 027, GEF #2, 101 South Webster Street Madison     at 2:00 p.m.
December 12, 2000 Tuesday	Large Meeting Room DNR Northeast Region Hdqrs. 1125 N. Military Ave. Green Bay   at 10:00 a.m.
December 12, 2000 Tuesday	Room 233 UW Marathon Co. Center 518 S. 7th Avenue Wausau     at 4:00 p.m.
December 13, 2000 Wednesday	Conference Room #4 DNR Northern Region Hdqrs. 107 Sutliff Avenue Rhinelander   at 10:00 a.m.
December 14, 2000 Thursday	Agricultural Research Station W6646 Hwy. 70 Spooner     at 10:00 a.m.
December 14, 2000 Thursday	Four Seasons Room Ramada Conference Center 1202 W. Clairemont Ave. Eau Claire   at 4:00 p.m.
December 18, 2000 Monday	Best Western Conference Center Hwy. 18 & 35 South Prairie du Chien   at 12:00 p.m.
December 19, 2000 Tuesday	Room 255 Waukesha Co. Courthouse 1320 Pewaukee Road Waukesha   at 10:00 a.m.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request, Please call P. Scott Hausmann at (608) 266-7360 with specific information on your request at least 10 days before the date of the scheduled hearing.

Written comments on the proposed rules may be submitted to Mr. P. Scott Hausmann, Bureau of Fisheries Management and Habitat Protection, P.O. Box 7921, Madison, WI 53707 no later than December 29, 2000. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rules and fiscal estimates [FH-44-00] and [FH 47-00] may be obtained from Mr. Hausmann.

Section NR 1.95 - There is no fiscal effect. The proposed rule changes create no new authority or programs, and are not expected to have a fiscal impact.

Chs. NR 103 and 350 - The Department will incur one-time costs associated with promulgating the rules, including rule development, holding hearings, compiling a record, finalizing the rules, presentation to the Natural Resources Board, drafting guidance, and conducting training. Because the rule development phase is likely to be controversial, the Department estimates that it will devote at least 1,000 hours of staff time to complete the rule development process.

However, there are significant ongoing workload implications and costs associated with implementing a compensatory mitigation and enforcement program. The Department estimates that compensatory mitigation will require nearly 13,000 hours in additional effort annually for Water Division field staff - or the equivalent of 7 FTE. This includes estimated staff time spent on permit processing, consultations in cases that do not lead to formal permit applications, and monitoring of compensatory wetland mitigation sites. Additionally, the Department anticipates the need for an additional 1.0 FTE statewide program coordinator to administer the mitigation program for statewide consistency.

Act 147 also gave the Department the authority to enforce wetland water qualify certification decisions and prosecute illegal wetland destruction. A Departmental workload analysis estimates that it will require an additional 4 FTE enforcement specialists to adequately administer the enforcement component of Act 147.

All totaled, the Department projects additional, ongoing annualized costs associated with an additional 12.0 FTE totaling $591,000.

NOTICE IS HEREBY GIVEN that pursuant to ss. 227.11 (2) (a), 285.11 (1) and 285.27 (2), Stats., interpreting s. 285.27 (2), Stats., the Department of Natural Resources will hold public hearings on revisions to chs. NR 422 and 484 and the creation of NR 460 Appendix JJ and ch. NR 465, Wis. Adm. Code, relating to volatile organic compound emissions and national emission standards for hazardous air pollutants for wood furniture manufacturing. The proposed rule will incorporate into the administrative code existing national emission standards for hazardous air pollutants for wood furniture manufacturing operation. These standards took effect on December 7, 1995, and are intended to protect public health by requiring the control of emissions of hazardous air pollutants to the level attainable by implementing the maximum achievable control technology. The standards include emission limitations for finishing materials and contact adhesives used by the wood furniture industry, as well as work practices for areas such as inspection and maintenance procedures, solvent cleaning and washoff operations and application equipment for finishing materials. Flexible compliance options are provided, including averaging and pollution prevention methods allowing sources to substitute non-toxic solvents for toxic ones. The standards include provisions exemption facilities based on low actual hazardous air pollution emissions and low use of finishing materials, adhesives and solvents for cleaning and washoff.

In addition, this proposed order makes a change to existing volatile organic compound control rules for this same industry. The change is proposed in order to make state VOC application equipment requirements consistent with, and no more restrictive than, the US EPA guidance for this industry.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., the proposed rule may have an impact on small businesses. The initial regulatory flexibility analysis is as follows:

a. Types of small businesses affected: New and existing facilities which are involved in the manufacture of wood furniture or wood furniture components, and which have the potential to emit more than 10 tons per year of a single hazardous air pollutant.

b. Description of reporting and bookkeeping procedures required: No procedures not already required under the federal law.

c. Description of professional skills required: No additional skills

NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.