Towns, villages, cities, counties, tribes, NCOs
Fund sources affected
SEG
Affected chapter 20 appropriations
Section 20.370 (1) (mv) and (5) (bw), Stats.
Long-range fiscal implications
It is difficult to predict the future demand for urban forestry catastrophic storm grants. However, should the demand for these grants be high, the repetitive diversion of funds would decrease the number of urban forestry grants to communities by 20%, or an estimated 8 to 10 grants each year.
Notice of Hearing
Natural Resources
Environmental Protection - General, Chs. NR 100
NOTICE IS HEREBY GIVEN that the Department of Natural Resources will hold public hearings on revisions to Chapters NR 190, 191, 195 and 198, Wis. Adm. Code, relating to aquatic invasive species prevention and control grants.
Hearing Information
NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:
July 22, 2008   Conference Room
Tuesday   DNR West Central Region Hdqrs.
at 7:00 p.m.   1300 W. Clairemont
  Eau Claire
July 23, 2008   Conference Room
Wednesday   DNR Northern Region Hdqrs.
at 7:00 p.m.   810 W. Maple Street
  Spooner
July 29, 2008   Conference Room
Tuesday   DNR Northern Region Hdqrs.
at 7:00 p.m.   107 Sutliff Avenue
  Rhinelander
July 30, 2008   Conference Room
Wednesday   DNR Service Center
at 7:00 p.m.   625 E. County Road Y, Suite 700
  Oshkosh
August 5, 2008   Conference Room
Tuesday   Watertown Public Library
at 6:00 p.m.   100 S. Water Street
  Watertown
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 Carroll Schaal at (608) 261-6423 with specific information on your request at least 10 days before the date of the scheduled hearing.
Submission of Written Comments, Agency Contact and Copies of Proposed Rule
The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site: http://adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. mail to Mr. Carroll Schaal, Bureau of Watershed Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until August 29, 2008. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings. A personal copy of the proposed rule and fiscal estimate may be obtained from Mr. Schaal.
Analysis Prepared by the Department of Natural Resources
Statutory authority
Statutes interpreted
Sections 23.22 (2) (c), 23.24, 281.68, 281.69 and 281.70, Stats.
Plain language summary
In 2004, the Department promulgated ch. NR 198 for a cost share program for assisting public and private entities in controlling aquatic invasive species. 2007 Wisconsin Act 20 increased the cost share rates, removed priority for local government sponsors and increased the allocation of $2.8 million annually. The proposed revisions to ch. NR 198 incorporate the new statutes and make additional changes that include larger maximum grant awards, an expanded list of potential sponsors, create incentives and priorities for projects that integrate aquatic invasive species control with other environmental protections and allows communities that are successfully and compliantly managing existing populations of aquatic invasive species to recoup their aquatic plant management permit fees.
Additional changes that increase the value of donated labor, used for local match, from $8 to $12 and require application materials to be submitted in electronic format in ch. NR 198 are also proposed for the closely related lake and river grant programs in chs. NR 190, 191 and 195 for needed uniformity.
Initial Regulatory Flexibility Analysis
Pursuant to s. 227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses. The Department's Small Business Regulatory Coordinator may be contacted at SmallBusiness@dnr. state.wi.us or by calling (608) 266-1959.
Environmental Analysis
The Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based 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.
Fiscal Estimate
Summary
The proposed rule makes changes to the aquatic invasive species (AIS) grants program as a result of changes that were included in 2007 Act 20, the 2007-09 biennial budget act. The changes in the package include the following:
1. Increasing the cap on the state cost-share rate from 50% to 75%.
2. Deleting a requirement that grants be awarded to local units of government.
3. Increasing the maximum amount of dollars (i.e. grant cap) that can be awarded for a grant.
4. Increasing the value for volunteer labor that can be used as local match and require electronic applications. (These changes are proposed for NR 190 Lake Management Planning, NR 191 Lake Protection and Classification Grants, and NR 195 River Protection Grants, too).
5. Establishing a new category of AIS grants that reimburses grantees for maintenance costs that are incurred while managing established infestations of aquatic invasive species, and a new category describing how research and demonstration projects can be developed and proposed.
6. Allowing a cash advance for early detection and rapid response projects.
7. Expanding sponsorship to include universities, colleges and technical schools, hydro-electric corporations and other branches of state and federal government that manage lands or natural resources.
8. Broadening the definition of a nonprofit conservation organization (NCO).
9. Adding priorities and incentives for projects that integrate with pollution control, habitat protection and that use a bidding process to develop their budget.
State fiscal effect
Increase in costs that may be possible to absorb within agency's budget.
Although a rule change is required, item 1 above has already been implemented by the Department because the change has already been made in statute by Act 20. Items 2 through 9 above are expected to generate additional demand for AIS grants by an amount that cannot be specifically estimated. In addition, since Act 20 did not provide additional staff or funding for administering the AIS grant program, the costs associated with handling the additional demand for AIS grants will be absorbed with existing staff and within the existing budget.
Local fiscal effect
Increase revenues - permissive.
The rule makes it easier for local units of government to leverage grant funds and thus provides a greater financial incentive for local units to apply for grants.
Types of local governmental units affected
Towns, villages, cities, counties, lake districts, school districts
Fund sources affected
SEG
Affected chapter 20 appropriations
Section 20.370 (6) (as), Stats.
Notice of Hearing
Occupational Therapists Affiliated Credentialing Board
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Occupational Therapists Affiliated Credentialing Board in ss. 15.085 (5) (b), 227.11 (2) and 448.965 (2), Stats., and interpreting s. 448.96 (4) and (6), Stats, the Occupational Therapists Affiliated Credentialing Board will hold a public hearing at the time and place indicated below to consider an order to renumber and amend section OT 4.04 (4); and to create sections OT 1.02 (3m) and 4.04 (4) (b), relating to occupational therapist supervision of occupational therapy assistants.
Hearing Information
Date:   July 15, 2008
Time:   9:30 A.M.
Location:   1400 East Washington Avenue
  (Enter at 55 North Dickinson Street)
  Room 121A
  Madison, Wisconsin
Appearances at Hearing and Submission of Written 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 be submitted to Pamela Haack, Paralegal, Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935, or by email to pamela.haack@drl. state.wi.us. Comments must be received on or before July 17, 2008, to be included in the record of rule-making proceedings.
Agency Contact Person
Pamela Haack, Paralegal, Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935; telephone 608-266-0495; email pamela.haack@drl.state.wi.us.
Analysis Prepared by the Department of Regulation and Licensing
Statutes interpreted
Section 448.96 (4) and (6), Stats.
Statutory authority
Sections 15.085 (5) (b), 227.11 (2) and 448.965 (2), Stats.
Explanation of agency authority
The Occupational Therapists Affiliated Credentialing Board has the authority to promulgate rules under s. 448.965, Stats., that define the scope of practice of occupational therapy or the scope of practice of assisting in the practice of occupational therapy.
Related statutes or rule
There are no other statues or rules other than those listed above.
Plain language analysis
Section OT 4.04 (4) is being modified to address the frequency of contacts that an occupational therapist must have with an occupational therapy assistant. In so doing, the board intends to add a greater measure of flexibility for these licensees since the existing provisions were often found to be burdensome to implement. Furthermore, a new provision is being added to define “direct contact" between an occupational therapist and an occupational therapy assistant.
SECTION 1 creates a definition of “direct contact" between an occupational therapist and an occupational therapy assistant. Communication between the two may be face-to-face, by telephone, electronic communication, or group communication.
SECTION 2 amends the frequency of direct contacts that an occupational therapist (OT) must have with an occupational therapy assistant (OTA). Under this proposal, the required contact between the OT and OTA must be a minimum of once a calendar month or every tenth session of occupational therapy, whichever is sooner. The contacts need not be held during a treatment session, nor must the meetings be held simultaneously with the OT, OTA, and client. The rule identifies that the purpose of the meetings is to review the progress and effectiveness of treatment.
SECTION 3 requires the occupational therapist to document supervisory activities, including the client's name, status, and plan.
Comparison with federal regulations
There is no existing or proposed federal regulation for summary and comparison.
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