Chapter Adm 46

(1) “Certificate" means a certificate of public convenience and necessity issued under s. 196.491 (3) (a) Stats.

(2) “Commission" means the public service commission.

(3) “Department" means the department of administration.

(4) “Eligible municipality" means a county, town, village or city through which a high-voltage transmission line is routed, as identified by the commission under s.196.491 (3) (gm), Stats.

(5) “High-voltage transmission line" has the meaning given in s. 16.969 (1) (b) Stats.

(6) “Person" includes all individuals, partnerships, associations, limited liability companies and bodies politic or corporate.

(b) The department shall adjust any subsequent annual impact fees as necessary upon receipt from the commission of adjusted costs of construction after completion of the construction of a high-voltage transmission line.

(2) Initial year invoice and payment. In the initial year of assessment, the department shall invoice the person issued a certificate no more than 60 days after the commission transmits the required information to the department under sub. (1) (a). Payment of the fee in the initial year of assessment shall be due 45 days after the date the invoice was mailed by the department.

(3) Subsequent year invoice and payment. On or before March 1 in each calendar year after the initial year of assessment, the department shall invoice a person issued a certificate in an amount equal to 0.3 % of the cost of the high-voltage transmission line as determined by the commission under s. 196.491 (3) (gm), Stats. Payment of the fee in subsequent years shall be due on or before May 1 of each year.

(2) One-time environmental impact fee. No more than 60 days after receipt of the fee under s. Adm 46.05, the department shall distribute 50 % of the fee to each county that is an eligible municipality, and 50% of the fee to each town, village and city that is an eligible municipality, in proportion to the amount of investment allocated to each by the commission under s. 196.491 (3) (gm) Stats.

Pursuant to s. 227.114, Stats., the rule herein is not expected to negatively impact on small businesses.

The annual cost to DOA depends on the number of new transmission lines each fiscal year and the number of communities those lines run through. DOA must process one invoice per transmission line per year and one compensation check per affected community per year. DOA estimates that there will be one new transmission line every three years and the number of communities affected will vary from one to fifteen or more per line. Although it is not possible to develop a concrete fiscal impact, DOA will experience additional work and, therefore, additional cost.

Donna Sorenson
Department of Administration
101 E. Wilson St., 10th Floor
P.O. Box 7864
Madison, WI 53707-7864
(608) 266-2887

You may obtain a free copy of this rule by contacting the Wisconsin Department of Agriculture, Trade and Consumer Protection, Agricultural Resource Management, 2811 Agriculture Drive, P.O. Box 8911, Madison, WI 53708-8911, or by calling (608) 224-4574. Copies will also be available at the hearing.

Hearing impaired persons may request an interpreter for this hearing. Please make reservations for a hearing interpreter by August 7, 2001 by writing to Paula Noel, 2811 Agriculture Drive, P.O. Box 8911, Madison, WI 53708, (608) 224-4574. Alternatively, you may contact the Department TDD at (608) 224-5058. Handicap access is available at the hearing.

Tuesday, August 21, 2001 - 1:00 until 4:00 p.m.
Dept. of Agriculture, Trade and Consumer Protection
Board Room
2811 Agriculture Drive
Madison, WI 53704
Handicapped accessible

The Department of Agriculture, Trade and Consumer Protection (DATCP) administers plant pest control rules under ch. ATCP 21, Wis. Adm. Code. Current rules include import controls designed to prevent the spread of Japanese beetles into Wisconsin. Persons who import certain plants, soil and other materials from areas infested with Japanese beetles must have those materials inspected and certified by a pest control official in the state or province of origin. The inspector must certify that the import shipment is free of Japanese beetle. The importer must pay for the inspection and certification.

Despite these import controls, the Japanese beetle has now infested Wisconsin and over half of all U.S. states. Because Wisconsin is now infested, its current import controls may serve no useful purpose and may unnecessarily impede interstate commerce. Wisconsin's current import restrictions are not consistent with the U.S. Domestic Japanese Beetle Harmonization Plan adopted by the National Plant Board. That plan recommends regulation of imports to states that are not yet infested, but does not recommend regulation of imports to states (like Wisconsin) that are already infested.

DATCP currently regulates honeybee shipments, under ch. ATCP 21, Wis. Adm. Code, to prevent the spread of honeybee pests in this state. Two of these pests have undergone taxonomic name changes.

Current DATCP rules under ch. ATCP 29, Wis. Adm. Code, regulate the use of pesticides in this state. DATCP and its agents are currently exempt from these rules when engaged in state pest control programs under s. 94.02, Stats. or ch. ATCP 21, Wis. Adm. Code.

Consistent with the national harmonization plan, this rule repeals current Japanese beetle inspection and certification requirements for materials imported into Wisconsin. This repeal will not affect the natural spread of the Japanese beetle in Wisconsin. DATCP will continue to inspect and certify export shipments from Wisconsin to non-infested states that require such inspection and certification.

The International Committee on Systematic Bacteriology (1993) has changed the scientific name of the pathogen, American foulbrood. The scientific journal, Experimental and Applied Acarology (2000), has changed the scientific name of the Varroa mite. This rule updates those pests names. The name changes will not change the regulation of honeybee shipments.

This rule clarifies in ATCP 29, Wis. Adm. Code, that DATCP and its agents are exempt when engaged in state pest control programs under s. 94.01, Stats.

This rule will have no fiscal impact on the department or other units of government. These rule changes eliminate the current Japanese beetle import restrictions. Wisconsin has become infested despite the import restrictions. Therefore, the rule no longer serves a useful purpose. The department currently inspects and certifies Wisconsin nurseries in infested areas, to facilitate export of items that may transport Japanese beetle. This practice of certification to permit Wisconsin nurseries to export to uninfected states will continue. There are no additional costs to local government.

Plant Inspection and Pest Control

The Department of Agriculture, Trade and Consumer Protection currently regulates the import of plants, soil and other materials for the presence of Japanese beetle under ch. 94, Stats. and s. ATCP 21.11, Wis. Adm. Code. Despite these import controls, Wisconsin is now infested with Japanese beetle, making continued import control meaningless. Under the present rule, the costs for inspection and certification are born by the out-of-state business. In an unknown number of cases, the costs of these controls may have been passed through to nurseries in Wisconsin, most of which are small businesses.

The proposed rule changes repeal the import controls on Japanese beetle and will have no impact on nurseries in Wisconsin except as far as they will no longer be subject to any pass-through on inspection and certification costs. The repeal of the import controls on Japanese beetle have no reporting, recordkeeping or procedural impacts on the conduct of the Wisconsin nursery businesses.

The proposed changes to scientific names of two honeybee pests and the clarification of the department's exemptions from its own rules on pesticide applications in particular situations will have no impact on small businesses in Wisconsin.

Date:   August 1, 2001

Time:   9:30 a.m.

Location:   1400 East Washington Avenue

  179A

  Madison, Wisconsin

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 the Department of Regulation and Licensing, Office of Administrative Rules, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by August 15, 2001, to be included in the record of rule-making proceedings.

Statutes authorizing promulgation: ss. 961.11 (1) and (2), 961.15, 961.17 and 961.19

Statutes interpreted: ss. 961.16, 961.18 and 961.20

Drugs that are classified as “controlled substances" under federal and state laws are subject to higher civil and criminal penalties for their illicit possession, distribution and use. Health care providers are also subject to greater record keeping requirements respecting their obtaining, prescribing and dispensing of such drugs. This is due to the fact that certain drugs have a greater likelihood of abuse, addiction and adverse consequences to patient health if utilized inappropriately, than do other drugs. The DEA administers the CSA. In doing so, it is empowered to schedule a drug as a controlled substance. International control of Dihydroetorphine in Schedule I of the Single Convention on Narcotic Drugs, 1961 in 1998, forms the basis for the DEA action. Dihydroetorphine is a derivative of Thebaine, a natural constituent of opium and thus a controlled substance under 21 USC 812 and 21 CFR Part 1308.12 (b) (1) (16).

SECTION 1. CSB 2.26 is created to read:

CSB 2.26 Addition of dihydroetorphine to schedule II. (1) Section 961.16 (2) (a) 4r., Stats., is created to read:

Section 961.16 (2) (a) 4r. Dihydroetorphine.

1. The anticipated fiscal effect on the fiscal liability and revenues of any local unit of government of the proposed rule is: $0.00.

2. The projected anticipated state fiscal effect during the current biennium of the proposed rule is: $0.00.

3. The projected net annualized fiscal impact on state funds of the proposed rule is: $0.00.