Particularly pertinent to the rules is a regulation published by the U.S. Environmental Protection Agency (EPA) in the January 18, 2001, Federal Register, under Title 40, Parts 69, 80, and 86, in the Code of Federal Regulations. Through this regulation, the EPA has established a comprehensive national control program for reducing particulate matter and nitrogen-oxide emissions from heavy-duty diesel engines by 90 percent and 95 percent below current standard levels, respectively. This national program includes stringent, new emission standards that will begin to take effect in model year 2007, and a corresponding significant reduction of the level of sulfur in diesel fuels, which is needed to enable engine components to consistently meet the emission standards.

Extensive federal efforts related to this national program are also underway for reducing these emissions by reducing diesel engine idling – such as (1) the EPA's National Clean Diesel Campaign, which is aggressively promoting diesel idling reduction nationwide; (2) the National Transportation Idle-Free Corridors project, as sponsored by the EPA's SmartWay™ Transport Partnership, which aims to eliminate all unnecessary long-duration diesel truck and locomotive idling at strategic points along major transportation corridors; (3) the Clean Cities Program in the U.S. Department of Energy (DOE), which includes addressing research and development for diesel idling reduction technologies, and corresponding funding of national and state-level demonstration projects; (4) the National Idling Reduction Network News, as published monthly by the DOE's Argonne National Laboratory, which summarizes current events and developments nationwide relating to diesel idling reduction; and (5) the Congestion Mitigation and Air Quality Improvement Program in the U.S. Department of Transportation's Federal Highway Administration, which funds retrofitting of heavy-duty diesel engines that results in reducing nitrogen-oxide emissions in air-quality related, nonattainment or maintenance areas. In addition, Sections 792 and 793 of the federal Energy Policy Act of 2005 authorize the EPA to provide $200 million per year, for fiscal years 2007-2011, for grants and loans to states and other eligible entities to achieve significant reductions in diesel emissions, and those funds can be used in programs that use verified technology to reduce long-duration idling of medium- and heavy-duty diesel trucks.

In reviewing available sources, such as the National Idling Reduction Network News, and the Compendium of Idling Regulations by the American Transportation Research Institute, and in discussing corresponding efforts with staff in Minnesota and the EPA, Department staff did not find any rules in adjacent states that address grants for purchasing and installing diesel truck idling reduction equipment. However, under corresponding statutory criteria, Minnesota began providing loans in 2005 that can be used for this purpose, through its Small Business Environmental Improvement Loan Program. Related efforts in Iowa, Illinois and Michigan include (1) sponsoring of workshops in March 2006 in Michigan, and in May 2006 in Illinois, in conjunction with the EPA's Midwest Clean Diesel Initiative; and (2) proposed legislation that was passed overwhelmingly by the Illinois legislature in March 2006, which would prohibit diesel vehicles in excess of 8000 pounds from idling more than 5 minutes within any 60-minute period, except for various exemptions.

The data and methodology for developing these rules consisted of (1) incorporating the detailed, prescriptive criteria in section 560.125 of the Statutes; (2) soliciting and utilizing input from representatives of the stakeholders who are expected to participate in this program; (3) discussing similar efforts to reduce diesel truck idling, with corresponding staff in Minnesota, Pennsylvania, and the EPA; and (4) reviewing Internet-based sources of related federal, state, and private-sector information.

The Department considered the potential for owners of large truck fleets to quickly exhaust the available grant funds, as based on the number of trucks in each of the 10 largest fleets in Wisconsin. The Department therefore plans to annually allocate up to 25 percent of the grant funding to applicants who own and operate 50 or fewer truck tractors, in order to field-test the effectiveness of the program and the idling reduction equipment across the complete spectrum of the trucking industry in Wisconsin.

The rules are not expected to impose any significant costs on small businesses, because the rules only address how the Department will award grant funds for diesel truck idling reduction equipment.

Tom Coogan, Wisconsin Department of Commerce, Bureau of Entrepreneurship, P.O. Box 7970, Madison, WI, 53707-7970, telephone: (608) 267-9214. E-Mail: Thomas.Coogan@wisconsin.gov

The emergency rules and an analysis of the rules are available on the Internet at the Department of Commerce Web site, through the links there for the Diesel Truck Idling Reduction Program. Paper copies may be obtained without cost from Tom Coogan at the Department of Commerce, Bureau of Entrepreneurship, P.O. Box 7970, Madison, WI 53707-7970, or at Thomas.Coogan@Wisconsin.gov, or at telephone (608) 267-9214 or (608) 264-8777 (TTY). Copies will also be available at the public hearing.

1. Types of small businesses that will be affected by the rules.

Owners and operators of small fleets of diesel trucks who choose to apply for the grant funds, and vendors who sell or install the idling reduction equipment addressed by the grant funds.

2. Reporting, bookkeeping and other procedures required for compliance with the rules.

Each grant recipient must submit a report describing the operation and performance of the idling reduction equipment funded by the grant.

3. Types of professional skills necessary for compliance with the rules.

No new professional skills will be necessary for compliance with the rules.

4. Rules have a significant economic impact on small businesses. No.

The small business regulatory coordinator for the Department of Commerce is Carol Dunn, who may be contacted at telephone (608) 267-0297, or at cdunn@commerce.state.wi.us.

The above appropriation, as created by 2005 Wis. Act 25, will result in a temporary shortfall to the Department, which likely will be absorbed within the agency's budget.

The proposed rules are not expected to impose any significant costs on the private sector, because the rules only address how the Department will award grant funds for diesel truck idling reduction equipment.

NOTICE IS HEREBY GIVEN that pursuant to ss. 48.981 (8) (d), Stats., and s. 227.11(2), Stats., and interpreting s. 48.981 (8) (d), Stats., to create ch. HFS 43, relating to the standards for training required for staff and supervisors involved in the access, initial assessment, and ongoing services delivered to children and families in child abuse and neglect cases, and affecting small businesses.

Tuesday, August 1, 2006

10:00 a.m. to 2:00 p.m.

Southern Child Welfare Partnership Training Center

455 Science Drive, Suite 110

Madison, WI 53711

DHFS Regional Office, 1853 North Stevens

Rhinelander, WI 54501 – Video conferencing

University of Wisconsin-Green Bay

MAC137

2420 Nicolet Drive

Green Bay, WI 54311-7001- Video conferencing

The hearing site is fully accessible to people with disabilities. If you are hearing impaired, do not speak English or have circumstances that might make communication at a hearing difficult; you require an interpreter or a non-English large print or taped version of the proposed rules, contact the person at the address or telephone number given below at least 10 days before the hearing. With less than 10 days notice, an interpreter may not be available.

Place Where Written Comments May be Submitted

Written comments may be submitted at the public hearing or submitted to the contact person listed below. Comments may also be made using the Wisconsin Administrative Rule Website at http://adminrules.wisconsin.gov.

Deadline for Comment Submission

The deadline for submitting comments to the Department is 4:30 p.m. on August 8, 2006.

The Department proposes to create ch. HFS 43 to address training requirements for child protective caseworkers and supervisors involved in the access, initial assessment, and ongoing services delivered to children and families in child abuse and neglect cases.

The Department proposes to establish statewide minimum standards for pre-service training, foundation training, ongoing training, and supervisory training of child protective services staff. This training will include recognizing and responding to domestic violence. In addition proposed ch. HFS 43 creates a monitoring process that allows the Department to review and approve training plans submitted by affected agencies and monitor compliance by individual staff. The proposed rule will apply to the Department's Bureau of Milwaukee Child Welfare (BMCW), county human or social service departments that provide child protective services, and private child welfare agencies licensed under s. 48.60, Stats., and ch. HFS 54 which contract with the Department or county human or social services departments to provide child protective services.

The proposed creation of ch. HFS 43 will not have an affect on the Memorandum of Understanding between the Department and the Department of Corrections that allows the intake training required under s. 48.06 (1), Stats., for intake caseworkers to be provided by the Department of Corrections and the Wisconsin Juvenile Court Intake Association under Ch. DOC 399.

Section 48.981 (8) (d) 2., Stats., requires the Department to make training programs available for child protective services caseworkers and supervisors to complete training in child abuse and neglect protective services, unborn child abuse protective services, and on recognizing and appropriately responding to domestic abuse. Section 48.981 (8) (d) 2., Stats., further requires that the Department promulgate rules to monitor compliance with the training requirement. To implement the requirements under s. 48.981 (8) (d) 2., Stats., and to promote statewide consistency, the Department proposes rule requirements for pre-service, foundation, and in-service training for those individuals required under s. 48.981 (8) (d) 1., Stats.

Pre-service training is a web-based curriculum developed by the Training Partnerships that may be delivered by an alternative method. Pre-service training is required for child protective services caseworkers and, in certain circumstances, supervisors who begin employment after the effective date of the proposed rule. Foundation training is a curriculum approved by the Department and identified as essential skills and applications training for child protective services caseworkers and supervisors. It is required to be completed within two years after employment as a child protective services caseworker. In-service training consists of continuing education in child welfare and is taken after the completion of pre-service training. This training requirement is ongoing during the term of employment of child protective services caseworkers and supervisors.

Except in Milwaukee County, child protective services are the legislated responsibility of county human services or social services departments (county department). In Milwaukee County, child protective services are the responsibility of the Department. The proposed rule will apply to child protective services staff of the Department and county human services or social services departments and to child welfare agencies that contract with the Department or county department to provide child protective services. Child placing agencies that are not under contract with the Department or a county department do not provide child protective services. Currently, there are 56 licensed child welfare agencies in Wisconsin. To date, the proposed rules will affect only the 2 agencies that are under currently under contract with the Department to provide child protective services. There are no child placing agencies under contract with a county department to perform child protective services.

In the event that child placing agencies meeting the definition of small businesses under s. 227.114 (1), Stats., contract with either the Department or a county department, the child placing agency will incur training costs for staff who perform child protective services. The costs incurred are a result of the agencies' and staff responsibilities to comply with s. 48.891 (8) (d) 1., Stats., not the proposed rules. The only cost to the agency is for staff time to participate in training. Agencies are not required to develop or conduct training under the proposed rules or s. 48.981 (d) 1., Stats.; however, under the proposed rule, agencies have that option as it is related to pre-service training; otherwise pre-service training is available as web-based training. If an agency decides to conduct its own pre-service training, the costs will extend beyond opportunity costs to possibly include facility rental, trainer fees, and training materials.

Pursuant to the forgoing analysis, the proposed rule will affect any licensed child placing agency that is under contract with the Department or a county department, including those that are small businesses, to provide child protective services. However, the proposed rule will not have a significant economic impact on any of those businesses. In addition, the Department does not believe that the proposed rules will increase costs implicitly imposed under s. 48.981(8) (d) 1., Stats.

Small Business Regulatory Coordinator

Rosie Greer

Greerrj@dhfs.state.wi.us

608-266-1279

Proposed rule HFS 43 was developed with significant involvement of the Department, the Child Welfare Training Partnerships, county human services and social services departments, and private agencies. Child protective services agencies are required under s. 48.981(8)(d), Stat., to provide training, which is approved by the Department, on the investigation and treatment of child abuse and neglect. Most agencies currently provide and pay for that training. The Department, under s. 48.981(8)(d), Stat., is required to develop rules to monitor compliance with the training requirement.

The costs arising from proposed HFS 43 for monitoring compliance with the statutory requirement for training may be minimal, and can be absorbed by the affected agencies. The Department believes that the information which agencies will be required to enter into e-WiSACWIS or into personal or other records and make available to the Department for monitoring will require minimal time or effort.

A copy of the full text of the rules and the fiscal estimate can be obtained at no charge from the Wisconsin Administrative Rules Website at http://adminrules.wisconsin.gov or by contacting the person listed below.

Christopher Sieck
Statewide Training Coordinator
Division of Children and Family Services
DHFS/DCFS
P.O. Box 8916
Madison, WI 53708-8916
crsieck@wisc.edu

NOTICE IS HEREBY GIVEN that pursuant to Sections 49.45 (10), 51.03 (4) (f), (g), and (h) and (5), 51.04, 51.42 (7) (a) and (b), and 227.11 (2) (a), Stats., and interpreting 49.45 (10), 51.04, 51.03 (4) (f), (g), and (h) and (5), 51.42 (7) (a) and (b), and 632.89, (2) Stats., Stats., to repeal HFS 105.22 (1) (d) ; to amend HFS 105.22 (1) (c), 105.22 (2) (title), (a) and (b), and (3), 107.13 (2) (a) (intro.) and 1. (intro.), 107.13 (2) (a) 3. a. and b, 4. a. to f., 6., 7. , (b) 1., 4. a. to d., (c) 4. and 6., and (d) 2.; and to create ch. HFS 35, 105.22 (1) (bm), 107.13 (2) (a) 1. a. to g. and (2m) rules relating to outpatient mental health clinics and affecting small businesses.

Monday, July 31, 2006 10:00 a.m. to 12:00 p.m. & 1:00 p.m. to 3:00 p.m.

Mendota Mental Health Institute- Conference Center

301 Troy Drive

Madison, WI

Tuesday, August 1, 2006 10:00 a.m. to 12:00 p.m. & 1:00 p.m. to 3:00 p.m.

North Central Health Care Facilities- Lakeview Center

1000 Lakeview Drive