NOTICE IS HEREBY GIVEN that pursuant to sections 5.05 (1) (f) and 227.11 (2) (a), Stats., and interpreting section 7.41, Stats., the Government Accountability Board will hold a public hearing to consider adoption of an emergency and permanent rule to repeal and recreate Chapter GAB 4, Wis. Adm. Code, relating to observers at a polling place or other location where votes are being cast, counted or recounted.

A public hearing will be held at the time and place shown below:

Date and Time:	Location:
December 13, 2010 Monday 9:30am	Government Accountability Board Office Third Floor 212 E. Washington Ave. Madison, WI 53703

This public hearing site is accessible to people with disabilities. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please contact the Agency Contact listed below.

Comments may be submitted by December 13, 2010, to the Government Accountability Board, 212 E. Washington Ave. Third Floor, P.O. Box 7984, Madison, WI 53707-7984; (gab.wi.gov).

Section 7.41 of the Wisconsin Statutes

Sections 5.05 (1) (f), 7.41 (5), and 227.11 (2) (a), Stats.

This rule repeals and re-creates Chapter GAB 4, Election observers, interpreting s. 7.41 of the Wisconsin Statutes – Public's right to access. Express rule-making authority to interpret the provisions of statutes the Board enforces or administers is conferred on it pursuant to s. 227.11 (2) (a), Stats. In addition, s. 5.05 (1) (f), Stats., provides that the Board may promulgate rules under ch. 227, Stats., for the purpose of interpreting or implementing the laws regulating the conduct of elections or election campaigns or ensuring their proper administration. Furthermore, the Board is empowered by s. 7.41 (5), Stats., to promulgate rules consistent with the supervisory authority of a chief inspector at any polling place on election day, regarding the proper conduct of individuals exercising the right under s. 7.41, Stats., to readily observe all public aspects of the voting process in an election.

Sections 5.35 (5), 7.37 (2) and 12.13 (3) (x), Stats., relating to maintaining order at the polling place, and other locations where observation of the public aspects of the voting process is taking place, and enforcing compliance with the lawful commands of the inspectors at the polling place.

This rule repeals and recreates rule Chapter GAB 4, relating to observers and observation of the public aspects of the voting process at polling places and other locations where observation of the public aspects of the voting process is taking place.

Observers and observation of the voting process is a matter of state regulation, not federal regulation. Consequently, no federal legislation or regulation applies to observers in Wisconsin or any other state.

The States of Illinois, Iowa, Michigan and Minnesota all have legislation that allows persons to observe at the polling places in that state, but none of those states allows any member of the public to show up at a polling place and observe because each of those states requires prospective observers to register with the municipal clerk before the election and receive authorization to observe.

Adoption of the rule was not predicated on any factual data or analytical methodologies, but on observation eliminating provisions of the former Ethics Board's and Elections Board's rules that were inconsistent with the provisions or intent of the new law merging those agencies into the new Government Accountability Board.

Preparation of an economic impact report is not required. The Government Accountability Board does not anticipate that the repeal and recreation of the described provisions will have an economic impact.

The creation of this rule does not affect business.

The creation of this rule does not affect the normal operations of business.

The creation of this rule has no fiscal effect.

Pursuant to the authority vested in the State of Wisconsin Government Accountability Board by ss. 5.05 (1) (f) and 227.11 (2) (a), Stats., the Government Accountability Board hereby repeals Chapter GAB 4, Election observers, and creates new Chapter GAB 4, Election observers, as follows:

SECTION 1. Chapter GAB 4 is repealed.

SECTION 2. Chapter GAB 4 is created to read:

Chapter GAB 4 Election Observers

GAB 4.01 Observers at the polling place.

(1) In this chapter:

(a) “Board" means the Government Accountability Board.

(b) “Chief inspector" means the chief inspector at a polling place, under s. 7.30 (6) (b), Stats., or the election official that the chief inspector designates to carry out the responsibilities of the chief inspector under this chapter.

(c) “Clerk" means the municipal or county clerk, the executive director of the board of election commissioners, or the official designated by the clerk or director to carry out the election responsibilities under this chapter.

(d) “Communications media" has the meaning given in s. 11.01(5), Stats.

(e) “Electioneering" has the meaning given in s. 12.03 (4), Stats.

(f) “Member of the public" means any individual who is present at any polling place, or in the office of any municipal clerk whose office is located in a public building on any day that absentee ballots may be cast in that office, or at an alternate site under s. 6.855, Stats., on any day that absentee ballots may be cast at that site, for the purpose of observation of an election or the absentee ballot voting process, excluding a candidate appearing on the ballot at that polling place or a registered write-in candidate, for an office voted on at that polling place or other location.

(g) “Public aspects of the voting process" means the election activities that take place at a polling place, or other observation location, that includes waiting in line to vote by inspectors, the election day registration process, the recording of electors under s. 6.79 Stats., the elector's receipt of a ballot, the deposit of the ballot into the ballot box, a challenge to an elector's right to vote, the issuing of a provisional ballot, and the counting and reconciliation process.

(2) Any member of the public intending to exercise the right to observe an election under s. 7.41, Stats., shall notify the chief inspector of that intent upon entering the voting area of a polling place. The observers shall sign a form acknowledging they understand the applicable rules and will abide by them. The observers shall also list their full name, street address and municipality, and the name of the organization or candidate the observer represents, if any, on the form. The inspector shall attach the form to the Inspectors' Statement, EB-104. The chief inspector shall provide the observer with a name tag supplied by the board which reads “Election Observer." Observers shall wear this name tag at all times when they are inside the polling place.

(3) To ensure the orderly conduct of the election, the chief inspector may reasonably limit the number of observers representing a particular organization or candidate.

(4) The chief inspector shall direct the observer to an area of the polling place designated by the chief inspector as an observation area.

(5) The observation area shall be situated to enable observers to observe all public aspects of the voting process during the election. When physically feasible within the polling place, the observation area shall be not less than 6 feet nor more than 12 feet from the table at which electors are announcing their name and address and being issued a voter number. If observers are unable to hear the electors stating their name and address, the poll workers shall repeat the name

and address. If necessary to ensure all public aspects of the process are readily observable, the chief inspector shall set up additional observation areas near the election-day registration table and area where elector challenges are handled.

(6) Observers shall comply with the chief inspector's lawful commands or shall be subject to removal from the polling place.

(7) All of the observers' questions and challenges shall be directed to the chief inspector.

(8) Upon receiving a challenge to a voter's ballot at the polling place, the chief inspector shall follow the challenge procedure in Chapter GAB 9, Wis. Adm. Code. The challenge shall be recorded on the Challenge Documentation Form, EB-104c.

(9) If any observer engages in any loud, boisterous, or otherwise disruptive behavior that, in the opinion of the chief inspector, threatens the orderly conduct of the election or interferes with voting, the chief inspector shall warn the offending observer(s) that such conduct shall cease or the observer shall have to leave the polling place

(10) If, after receiving the warning provided in sub. 9, the offending observer does not cease the offending conduct, the chief inspector shall order the offending observer to depart the polling place. If the offending observer declines or otherwise fails to comply with the chief inspector's order to depart, the chief inspector shall summon local law enforcement to remove the offending observer.

(11) While in the polling place, observers shall keep conversation to a minimum and shall try to conduct whatever conversation is necessary at a low enough volume to minimize distraction to electors and to the election inspectors and any other election officials. Failure to adhere to this subsection shall result in a warning under sub. 9 and, if the conduct continues, removal under sub. 10.

(12) Observers shall be permitted to view the poll lists, excluding the confidential portions of the lists maintained under ss. 6.35 (4) and 6.79 (6), Stats., as long as doing so does not interfere with or distract electors under s. 5.35 (5) Stats. Observers shall not be permitted to make a photocopy or take photographs of the poll lists on election-day.

(13) Observers shall not be permitted to handle an original version of any official election document.

(14) Observers shall not engage in electioneering as defined in s.12.03, Stats. If an observer violates s. 12.03, Stats., the chief inspector shall issue a warning under sub. 9 and, if the conduct continues, shall order the offending observer to depart the polling place or suffer removal under sub. 10.

(15) Observers shall not use a cellular telephone or other wireless communication device inside the voting area to make voice calls. Such use shall result in a warning under sub. 9 and, if the conduct continues, shall result in removal under sub. 10. Text messaging and other non-audible uses of such a device are permissible.

(16) Observers shall not engage in any conversation with election officials or other electors concerning a candidate, party, or question appearing on the ballot. Such conversation constitutes electioneering under s. 12.03, Stats., and shall result in a warning under sub. 9 and, if the conduct continues, removal under sub. 10. The chief inspector may order that other conversation be minimized if it is disruptive or interferes with the orderly conduct of the election.

(17) The restrictions on voter contact under sub. 16 shall not be construed to prevent any observer from assisting an elector under s. 6.82, Stats., provided that the elector requests the observer's assistance, and provided that the assistance meets the other requirements of s. 6.82, Stats., and the observer qualifies to provide assistance under that statute.

(18) Observers shall not wear any clothing or buttons having the name or likeness of, or text related to, a candidate, party, or referendum group appearing on the ballot or having text which describes, states, or implies that the observer is a governmental official or has any authority related to the voting process. Wearing such apparel at the polling place constitutes a violation of s. 12.03, Stats., and shall result in a warning under sub. 9 and, if the observer refuses to comply with the chief inspector's order, shall result in removal under sub. 10.

(19) Observers may not use any video or still cameras inside the polling place while the polls are open for voting. Failure to adhere to this subsection shall result in a warning under sub. 9 and, if the conduct continues, removal under sub. 10.

(20) After the polls close, candidates are allowed to be present and the prohibition of video and still cameras does not apply unless it is disruptive or interferes with the administration of the election.

GAB 4.02 Observers at the municipal clerk's office.

(1) Observers shall be permitted to be present at the municipal clerk's office, provided the clerk's office is located in a public building, or an alternate site for absentee voting designated under s. 6.855, Stats., on any day that absentee ballots may be cast in the office.

(2) Observers shall conform their conduct to the requirements of s. GAB 4.01. The municipal clerk shall exercise the authority of the chief inspector under s. GAB 4.01 to regulate observer conduct.

(3) The clerk shall establish observation areas to allow observers to view all public aspects of the absentee voting process. The observers need not be allowed behind the counter in the clerk's office.

(4) All of the observers' questions shall be directed to the clerk.

(5) If any observer engages in any loud, boisterous, or otherwise disruptive behavior that, in the opinion of the clerk, threatens the orderly conduct of the election or interferes with voting, the clerk shall issue a warning under s. GAB 4.01 (9) and, if the observer does not cease the offending conduct, order the observer's removal under s. GAB 4.01 (10). (6) Observers may not use any video or still camera inside the clerk's office.

GAB 4.03 Observers at the central counting location.

(1) In a municipality using a central counting location under s. 5.86, Stats., observers shall be permitted to be present at the central counting location.

(2) Observers shall conform their conduct to the requirements of s. GAB 4.01. The municipal clerk shall exercise the authority of the chief inspector under s. GAB 4.01 to regulate observer conduct.

(3) The clerk shall establish observation areas to allow observers to view all public aspects of the counting process.

(4) If any observer engages in any loud, boisterous, or otherwise disruptive behavior that, in the opinion of the clerk, threatens the orderly conduct of the count, the clerk shall issue a warning under s. GAB 4.01 (9) and, if the observer does not cease the offending conduct, order the observer's removal under s. GAB 4.01 (10).

(5) Observers shall be permitted to use a video or still camera inside the central count location unless it is disruptive or interferes with the administration of the election.

(6) All of the observers' questions and challenges shall be directed to the clerk.

GAB 4.04 Observers at absentee ballot canvass.

(1) In a municipality using a central absentee ballot canvass location under s. 7.52, Stats., observers shall be permitted to be present at the canvass location.

(2) Observers shall conform their conduct to the requirements of s. GAB 4.01. The board of absentee ballot canvassers shall exercise the authority of the chief inspector under s. GAB 4.01 to regulate observer conduct.

(3) The board of absentee ballot canvassers shall establish observation areas to allow observers to view all public aspects of the canvassing process.

(4) If any observer engages in any loud, boisterous, or otherwise disruptive behavior that, in the opinion of the board of absentee ballot canvassers, threatens the orderly conduct of the count, the board of absentee ballot canvassers shall issue a warning under s. GAB 4.01 (9) and, if the observer does not cease the offending conduct, order the observer's removal under s. GAB 4.01 (10).

(5) Observers shall be permitted to use a video or still camera inside the absentee canvass location unless it is disruptive or interferes with the administration of the absentee ballot canvass.

(6) All of the observers' questions and challenges shall be directed to the member of the board of absentee ballot canvassers designated to receive questions and challenges.

GAB 4.05 Observers at absentee voting locations described in s. 6.875, Stats.

(1) One observer from each of the two political parties whose candidate for governor or president received the greatest number of votes in the municipality, in the last general election, may accompany the special voting deputies to absentee voting locations described in s. 6.875, Stats.

(2) Observers shall conform their conduct to the requirements of s. GAB 4.01. The special voting deputies shall exercise the authority of the chief inspector under s. GAB 4.01 to regulate observer conduct.

(3) The special voting deputies shall establish observation areas to allow observers to view all public aspects of the absentee voting process.

(4) If any observer engages in any loud, boisterous, or otherwise disruptive behavior that, in the opinion of the special voting deputies, threatens the orderly conduct of the absentee voting process, the special voting deputies shall issue a warning under s. GAB 4.01 (9) and, if the observer does not cease the offending conduct, order the observer's removal under s. GAB 4.01 (10).

(5) Observers shall not be permitted to use a video or still camera inside the voting location.

(6) All of the observers' questions shall be directed to the special voting deputies.

GAB 4.06 Observers at a recount.

(1) Pursuant to s. 9.01 (1) (b) 11., Stats., the recount of any election shall be open to any interested member of the public including candidates and their counsel.

(2) Observers shall conform their conduct to the requirements of s. GAB 4.01. The board of canvassers shall exercise the authority of the chief inspector under s. GAB 4.01 to regulate observer conduct.

(3) The board of canvassers may limit observers to a designated area, but the observers shall be positioned so that they can see the poll lists and each individual ballot as it is counted. If there is not room for all observers to view the ballots as they are being counted, visual preference shall be given to the candidates or their representatives.

(4) If any observer engages in any loud, boisterous, or otherwise disruptive behavior that, in the opinion of the board of canvassers, threatens the orderly conduct of the count, the board of canvassers shall issue a warning under s. GAB 4.01 (9) and, if the observer does not cease the offending conduct, order the observer's removal under s. GAB 4.01 (10).

(5) Observers shall be permitted to use a video or still camera inside the recount location unless it is disruptive or interferes with the administration of the election.

(6) All of the observers' questions and challenges shall be directed to the member of the board of canvassers designated to receive questions and challenges.

GAB 4.07 Communications media observers.

(1) Observers from communications media organizations shall identify themselves and the organization they represent to the chief inspector upon arriving at the polling place. The inspector shall record that information on the inspectors' statement, EB-104.

(2) Communications media observers shall be permitted to use video and still cameras provided the cameras are not used in a manner that allows the observer to see or record how an elector has voted and provided the cameras do not interfere with voting or disrupt the orderly conduct of the election.

GAB 4.08 Polling Place Accessibility Assessments.

(1) This section applies to disability advocates and other individuals authorized by the board to assess the compliance of a polling place with s. 5.25 (4) (a), Stats.

(2) When practical, groups and individuals observing under this section shall notify the clerk at least 24 hours in advance of their intent to assess polling place accessibility.

(3) Disability advocate observers shall be allowed out of the designated observation area to take accessibility measurements to ensure compliance with polling place accessibility requirements unless it is disruptive or interferes with the administration of the election.

(4) Disability advocate observers shall be allowed to take photos and video to document compliance with the accessibility requirements unless it is disruptive or interferes with the administration of the election.

(5) Disability advocate observers shall be allowed to wear shirts or name tags identifying themselves as disability advocate observers.

(6) Election officials, including poll workers, shall facilitate the work of disability advocates in making their accessibility assessments.

SECTION 3. EFFECTIVE DATE. This permanent 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.

Michael Haas, Staff Counsel, Government Accountability Board, 212 E. Washington Avenue, 3rd Floor, Madison, Wisconsin 53707-7984; Phone 608-266-0136; Michael.haas@wisconsin.gov.

NOTICE IS HEREBY GIVEN THAT pursuant to sections 227.16 and 227.17, Stats., the Department of Natural Resources will hold a public hearing on repeal of NR 502.12 (1) (a) to (f), (8) (a) 4. and 6. and (9); renumbering of NR 502.12 (8) (a) 5., 7. and 8.; renumbering and amendment of NR 502.12 (4) (e) 3.(note); amendment of NR 500.03 (45), (185), (253) and (262), NR 502.12 (title), (1) (intro.) and (note), (2), (3) (title), (intro.) and (a), (4) (title), (intro.), (c), (e) (intro.) and 3., (5) (title), (intro.), (b) to (e) and (f) (intro.), 1. and 2., (6) (title), (intro.), (b), (c) and (e), (7) (title), (intro.), (a) to (c), (8) (title) and (a) (intro.), (10) (intro.) and (a) to (e), (h) 3. and (j) (note), (11) (intro.), (a) and (b), (12) (a) and(b), (13) (title), (intro.), (b), (e), (f), (g), (h) and (k), (14) (a) and NR 518.04 (1) (intro.), (b) and (i); repeal and recreation of NR 502.12 (4) (e) 2., (7) (e) and (f), (8) (b), (11) (d), (15), (table 1) and (table 2); and creation of NR 500.03 (20r), (29), (30g), (30r), (44m), (86m), (88m), (155m), (219m) and (253m), NR 502.12 (4) (e) 4., (8) (c), (11) (e), (13) (m), (n), (o) and (p), and (16), Wis. Adm. Code, relating to composting of solid waste, at the date, time and locations listed below.

The hearing for this matter will be held at 10:00 a.m. on Monday, December 13, 2010 at the following locations simultaneously (the locations will be linked electronically):

Reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Contact Brad Wolbert at 608-264-6286, Brad.Wolbert@wisconsin.gov. A request must include specific information and must be received at least 10 days before the date of the scheduled hearing.

The proposed rule and supporting documents, including the fiscal estimate, may be viewed and downloaded from the Administrative Rules System website at http://adminrules.wisconsin.gov. 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 Brad Wolbert at 608-264-6286, Brad.Wolbert@wisconsin.gov.

Comments on the proposed rule must be received on or before Tuesday, December 21. Written comments may be submitted via 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:

Brad Wolbert, Bureau of Waste and Materials Management,

Sections 287.05, 289.30 and 289.31, Stats.

Sections 227.11, 289.05, 289.06, 289.07 and 289.43, Stats.

Section 227.11, Stats., confers general agency rule-making authority. Sections 289.05, 289.06 and 289.07, Stats., assign the duty and provide the authority to the Department to promulgate rules implementing ch. 289, Stats. Section 289.43, Stats., gives the Department the authority to specify by rule types of solid waste facilities that are not required to be licensed under ss. 289.21 to 289.32 or types of solid waste that need not be disposed of at a licensed solid waste disposal facility.

None

Composting is regulated as a form of solid waste processing that converts decomposable organic materials to a substance with many beneficial uses and avoids the adverse environmental impacts of landfill disposal or incineration. The proposed rule revisions would (1) expand the types and quantities of decomposable organic materials that could be composted with minimal regulation, and (2) provide a voluntary set of quality standards for certain finished compost products, allowing commercial and municipal composters to distinguish their high-quality compost products in the marketplace.

None.

Adjacent states' compost regulations have a number of basic similarities to those of Wisconsin, but vary significantly from each other in their details. Note that Michigan, Minnesota and Illinois, like Wisconsin, are in various stages of revising their composting regulations, in large part as a response to burgeoning interest among food residuals generators nationwide in diverting their material from landfills. Iowa's compost regulations are relatively new, and Iowa's DNR is considering proposals to revise them to facilitate larger-scale food residuals composting.

Minnesota:

Minnesota regulations establish two categories of composting facilities: (a) yard material facilities, which are subject to a permit-by-rule system similar in effect to Wisconsin's exemption for yard material compost sites with less than 20,000 cubic yards' capacity, and (b) facilities for composting all other materials, which must obtain individual permits. Minnesota requires all composting facilities to file an annual report with the state regulatory agency. Facilities accepting decomposable material other than yard residuals for composting are subject to design and other permit requirements that were developed for municipal solid waste composting. These have been criticized as being overly strict when applied to materials like food scraps and non-recyclable paper—hence the effort underway to revise the composting rules to establish a “middle" category of composting facility that would avoid some of the current regulatory impediments to composting food and other source-separated decomposable materials. For non-yard facilities, Minnesota's rules require testing of the compost product, and imposes quality standards under a classification system that distinguishes between high quality (Class I) compost suitable for unrestricted use, and Class II compost, the use of which is restricted. The metals standards for the two compost classes are based on federal standards for landspreading sewage sludge, or biosolids, contained in Part 503 of the federal Clean Water Act. Minnesota does apply a more stringent limit to mercury content as well as a PCB limit.

Illinois:

In Illinois, composting is relatively highly restricted by the state. Composting facilities must be individually permitted similar to facilities such as landfills, except for facilities at which landscape material is composted and used on an agricultural crop farm. The practical implication of this regulatory system is that food scrap composting is not economically feasible in Illinois. Illinois legislators have recently proposed bills to remove the regulatory barriers to food scrap composting.

Michigan:

In Michigan, the composting rules are being revised to align composting of food scraps and other decomposable materials with composting of yard residuals. Current Michigan rules do not include general standards for composting materials other than yard residuals, and composters of more than 500 cubic yards are required to obtain a solid waste processing permit. The exception to this requirement is food scraps, which, because they are not considered solid waste in Michigan, are not subject to any composting requirements. In practice, Michigan has very few composting sites other than those for yard residuals in part because local authorities are hesitant to issue permits for food scrap composting in the absence of state rules. Michigan's proposed rules would allow source-separated compostable materials similar to Wisconsin's proposed definition to be composted with yard residuals without plan review, a site-specific permit or an overall limit on the size of the site. The rule would impose operational standards on composting facilities that are comparable to Wisconsin's, with more stringent standards for liners and for control of liquids. Farm sites would be subject to fewer restrictions so long as they were not operating as a large commercial compost operation. The proposed compost facility standards include annual reporting requirements and requirements for testing and labeling of compost products, but do not impose numerical standards for chemical constituents in general-use composts made from yard residuals or source-separated compostable materials.

Iowa:

Iowa's compost regulations establish a tiered system similar to Wisconsin's in concept, with exemptions for small, on-premises and agricultural sites, a permit-by-rule provision for yard residual composting facilities, and an individual permit system for larger composting facilities accepting materials other than yard residuals. Permit-by-rule facilities as well as permitted facilities are required to report volumes annually. Iowa allows permit-by-rule composting of mixed food and yard materials up to 2 tons per week, as well as unlimited quantities of yard residuals and on-farm ag materials. Permit-by-rule and permitted facilities have operational and design requirements comparable to those in Wisconsin for exempt and non-exempt facilities, respectively. Compost from permitted facilities must be tested for pathogens and metals, and meet standards equivalent to federal Part 503 biosolids standards, in order to be applied to land or marketed. Permitted facilities receiving more than 5,000 cubic yards of feedstock annually are subject to financial assurance requirements.

The Department developed the proposed rule in response to a petition for rulemaking brought by composters and recyclers through the Associated Recyclers of Wisconsin (AROW). To ensure sound and informed technical and policy analysis, the Department formed a technical advisory committee composed of stakeholders representing municipal and commercial composters, the University of Wisconsin, AROW, the environmental community, the Wisconsin Department of Transportation (a potential large-scale user of compost) and the Wisconsin Department of Agriculture, Trade and Consumer Protection. Department staff also consulted with a number of other external interested parties from municipal government, the waste disposal industry, compostable materials generators and other groups. Staff performed an extensive comparison of compost regulations and compost quality standards in other states, Canada and Europe, and reviewed the development of the current federal risk-based metals limits for biosolids.

Small businesses were the driving force behind the petition for rulemaking that prompted the Department to develop these rules. The Department consulted directly with small businesses through the technical advisory committee during the development of the proposed rule language, and also worked closely with staff of the University of Wisconsin's Solid & Hazardous Waste Education Center, who are familiar with the concerns of small composting businesses and compostable materials generators.

The proposed rule is expected to have a small and generally positive impact on small businesses. Small businesses potentially affected by the rule include commercial composters, farmers that compost material brought in from offsite, small businesses that generate food and other compostable material, and small waste hauling businesses.

The rule does not mandate composting. It would make it easier for commercial and municipal composters as well as farmers to accept a variety of source-separated compostable materials, which may enable them to expand their businesses and find new customers. Some composters, such as those producing Class A compost, will have to comply with additional regulations regarding product testing. Most commercial and municipal composters (but not farm composters using only farm-derived inputs) will need to submit an annual estimate of the amount of compost they produce. This reporting requirement has been minimized as much as possible while still providing information needed by the agency to quantify composting activity in Wisconsin.

Small waste hauling businesses may see changes or increases in their businesses if source-separation of organic materials becomes more commonplace. Food scrap generators and other small businesses generating compostable materials may benefit from having a broader choice of options for managing their unwanted organic materials. Keeping organic materials separate from the waste stream may require changes in hauling contracts for those generators that choose to send their material to be composted, and less frequent pickup of non-putrescible material would partly offset the additional cost associated with separate organics pickup. Eventually, split collection trucks may allow both simultaneous pickup of materials destined for composting and for landfilling.

The small business regulatory coordinator may be contacted at SmallBusiness@dnr.state.wi.us, or by calling 608-266-1959.

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.

The main fiscal effect of the proposed rule would be a decrease in revenue to the state from the landfill tipping fee. The extent of the revenue decrease would depend on how many tons of additional material are diverted from landfilling to composting as a result of the rule. Local costs and revenues are not expected to be significantly affected. The financial effect of the proposed rule on the private sector may be significant and positive for composting facilities, as they would be able to accept additional raw materials with minimal additional regulatory burden. Landfill operators can control the impacts of the loss of tonnage to their facilities by entering the compost business themselves, as many have already done. Compost operators' revenue potential would increase due to the establishment of codified standards for high quality or “Class A" compost afforded by the proposed rule. This high quality compost may command a premium price in the marketplace.

Private sector impacts from the proposed rule revisions are expected to be neutral to positive. The proposed rules do not require generators of compostable materials to compost or to alter their current arrangements for waste disposal. However, many generators of compostable materials, including small-to-medium size groceries and large national food retailers, hospitals, event sponsors, restaurants and institutions, have encountered difficulties finding an outlet for diverting food scraps from landfill disposal. The proposed rule addresses this need. In facilitating the development of composting businesses and infrastructure, the proposed rule would provide generators with additional options for disposing of unwanted materials, some of which might cost less than landfill disposal. These generators believe it is in their long-term business interests to divert organic materials from landfilling.

Composters should benefit from being able to accept additional materials into their operations without complex permit requirements. Composters that choose to make Class A compost as defined under the proposed rule may incur additional costs for testing, although some of these composters already perform such testing on their own initiative. Private sector composters may also incur minor increased costs for recordkeeping and annual reporting, although these costs will be minimized by use of a simple, standard form, and may be mitigated by (1) the operational utility of the data that they will be generating, and (2) the larger array of materials that their facilities can accept under the rule while maintaining a relatively low level of regulatory oversight.

Waste hauling companies should still be able to enter into contracts and perform work hauling food and other compostable materials, even if the destination of those materials changes from the landfill to a composting facility. Waste disposal companies have expressed interest in operating their own compost facilities to accept yard and food materials, and several facilities in Wisconsin have already commenced operations. The economics of these waste disposal company activities are not clear, but the costs of operating a small compost facility are likely outweighed by the benefits to the landfill facility of the compost that is being produced to serve as topsoil, cover soils, or a marketable product.

Decrease existing revenues.

Indeterminate.

Brad Wolbert, Bureau of Waste and Materials Management,

NOTICE IS HEREBY GIVEN THAT pursuant to section 27.01 (17), Stats., the Department of Natural Resources will hold a public hearing on revisions to Chapter NR 45, Wisc. Adm. Code, relating to the promulgation of a rule that specifies when and where golf carts are allowed in the Governor Thompson State Park and the Peshtigo River State Forest.

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 Rudolph Bentley at (608) 267-9481 with specific information on your request at least 10 days before the date of the scheduled hearing.

The proposed rule and supporting documents, including the fiscal estimate may be viewed and downloaded and comments electronically submitted at the following Internet site: http://adminrules.wisconsin.gov (Search this Web site using the Natural Resources Board Order No. FR-38-10). If you do not have Internet access, a personal copy of the proposed rule and supporting documents, including the fiscal estimate may be obtained from Kristin Lambert, Bureau of Forest Management, P.O. Box 7921, Madison, WI 53707 or by calling (608) 261-0754.

Written comments on the proposed rule may be submitted via U.S. mail to Mr. John Lubbers, Division of Forestry, Wisconsin Department of Natural Resources, 2984 Shawano Avenue, Green Bay, WI 54313-6727 or by e-mail to john.lubbers@wisconsin.gov. Comments may be submitted until December 31, 2010.

Section 27.01 (17) Stats., created under 2009 Wisconsin Act 54, required the Department to promulgate this rule.

Related statutes or rules include but are not limited to the following provisions:

340.01   Vehicles – General Provisions, Words and phrases defined.

349.18   Vehicles – Powers of State and Local Authorities, Additional traffic-control authority of counties and municipalities.

23.33 (11p) (a) 2   Conservation, All-terrain vehicles, Local ordinances, Utility terrain vehicle pilot program.

The rule defines “golf cart" as a vehicle that can go no more than 20 miles per hour, can carry one to two people and equipment, and is intended for the game of golf.

The rule authorizes the use of golf carts in the Governor Thompson State Park and the Peshtigo River State Forest. The rule describes specifically, which areas on the above mentioned properties are authorized for golf cart use, including six (6) boat landings, one (1) town park leased from the Department, one (1) Department road, and other locations as posted.

The rule also describes how the golf cart must operate, that golf cart operators must possess a valid drivers license, and minimum safety features that the golf cart must possess.

A search of federal regulations did not reveal any similar rules.

Iowa:

Iowa Code s. 347.247 - Golf cart operation on city streets.

Minnesota:

Minn. Stat. s. 169.045 Special Vehicle Use on Roadway.

Michigan:

Mich. Comp. Laws s. 257.244 - Operation of vehicle by manufacturer, subcomponent system producer, dealer, or transporter with special plate; unauthorized use of special plate; penalties; surety bond or insurance; number of plates; operation of vehicle with dealer plate by vendee or prospective purchaser; issuance of registration plate to move vehicle or trailer.

Illinois:

625 ILCS 5/11-1426.1 - Operation of non-highway vehicles on streets, roads, and highways.

The Department gathered input in the form of interviews, from user groups, local residents, local units of governments and WPS to determine historical use of golf carts before the Department acquired the lands. In addition, significant consultation occurred with the Department of Transportation and the Town of Stephenson on existing golf cart ordinances, authority and safety elements.

There are no new compliance, reporting, or bookkeeping requirements, nor are there any associated performance standards associated with the proposed rule.

Pursuant to section 227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses.

The Department's small business coordinator may be contacted at SmallBusiness@dnr.state.wi.us or by calling (608) 266-1959.

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.

To adequately administer this new law, both access way construction along with reasonable signage and posting will be required. Signage costs are estimated as 20 signs at $350 per sign for sign, post, concrete and labor. Total costs of signage estimated at $7,000. The Department may also need to acquire up to two acres of land to access BL 13, and construct a trail on that acreage. The cost for the land and the trail has not been determined.

These properties are wholly managed by the Department; consequently the approval of these administrative rules would have minimal fiscal effect on local units of government.

NOTICE IS HEREBY GIVEN THAT pursuant to sections 227.11 (2) (a) and 281.348, Stats., the Department of Natural Resources will hold public hearings on the creation of Wis. Adm. Code Chapter NR 854 Water Supply Service Area Plans, relating to the establishment of a statewide water supply service area planning process for operators of public water supply systems.

The rule establishes a planning process covering a 20-year period for public water supply systems serving populations of 10,000 or more to help ensure that those systems sustainably provide an adequate quantity and quality of water to their customers.

December 14, 2010, Tuesday, 2:00 p.m.

Concurrent sessions will be held at the following two locations:

(http://www4.uwm.edu/map/buildings/vt-lub-prof.cfm)

AND

(http://www.uwgb.edu/team/maps/index.htm).

December 15, Wednesday, 2:00 p.m.

Concurrent sessions will be held at the following two locations:

(http://www.uwec.edu/Maps/campmap.htm)

AND

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 James McLimans at (608) 266-2726 with specific information on your request at least 10 days before the date of the scheduled hearing.

The proposed rule and supporting documents, including the fiscal estimate, may be viewed and downloaded and comments electronically submitted at the following Internet site: http://adminrules.wisconsin.gov. (Search the Web site using Natural Resources Board Order No. DG-39-10). If you do not have Internet access, a personal copy of the proposed rule and supporting documents may be obtained from Dino Tsoris, Bureau of Drinking Water and Groundwater, P.O. Box 7921, Madison, WI 53707-7921 or by calling (608) 267-4581.

Written comments on the proposed rule may be submitted via U.S. mail to Mr. Dino Tsoris, Bureau of Drinking Water and Groundwater, P.O. Box 7921, Madison, WI 53707-7921 or by e-mail to Constantine.Tsoris@wisconsin.gov. Comments may be submitted until December 31, 2010. Written comments, whether submitted electronically or by mail, will have the same weight and effect as oral statements presented at the public hearings.

Section 281.348, Stats.

Sections 227.11(2)(a) and 281.348, Stats

This rule supports the implementation of s. 281.348, Stats., as created in 2007 Wisconsin Act 227, to establish a continuing water supply service area planning process for persons that operate public water supply systems that serve a population of 10,000 or more and any person that operates a consecutive water supply system that receives water from a public water supply system required to prepare a plan under this rule. Persons required to prepare a water supply service area plan under this rule must have an approved plan by December 31, 2025. However, persons proposing a new or increased withdrawal from the waters of the Great Lakes basin must prepare a water supply service area plan prior to receiving approval for the new or increased withdrawal. The rule also applies to any person proposing a new or increased diversion from the Great Lakes Basin – regardless of the size of the population. Persons requesting a new or increased diversion must have an approved water supply service area plan before the department will grant an approval of a new or increased diversion. The purpose of water supply service area planning is to systematically evaluate alternative means of supplying water to a delineated water supply service area and to identify a cost-effective water supply alternative for the 20-year planning period.

The proposed rule requires that persons preparing a water supply service area plan: include the identification of water supply options that are based on a cost-effectiveness analysis of regional and individual water supply and water conservation alternatives; delineate a water supply service area; forecast populations and water demands; establish population densities and population forecasts; assess environmental impacts of implementing water supply alternatives; analyze how the plan is consistent with comprehensive and other planning processes; and conduct a public participation process, including review and comment, for a proposed water supply service area plan.

Information from published scientific literature, industry manuals, information from other states and consultation with the Wisconsin Public Service Commission were reviewed in the development of the core elements of the rule. Additionally, the department considered the input from an advisory committee, which included representatives from public water supply systems, municipal and town organizations, urban planners and environmental organizations in the development of the water supply service area planning process.

The proposed rule is estimated to affect approximately 77 public water supply systems serving populations of 10,000 or more throughout the state. The rule will affect public water supply systems owned or operated primarily by a city, village, town, utility district or municipal water district.

There are no comparable federal regulations pertaining to a water supply service area planning process.

The following table compares water supply service area planning requirements in adjacent states.

Water Supply Service Area Planning Comparison
Wisconsin	Michigan	Illinois	Iowa	Minnesota
A water supply planning process is established for public water supply systems that serve populations of 10,000 or more or persons proposing a new or increased diversion of Great Lakes water. The planning process includes a cost-effectiveness analysis of water supply and water conservation alternatives that can sustainably supply an adequate amount of water of sufficient quality. The water supply service area plan must include a delineation of the water supply service area, describe current and projected water demands, and describe plans to meet projected water demand. The plans shall also assess environmental impacts. The rule also establishes a public participation process, timelines for plan submittal by December 31, 2025, and a department plan approval process.	Publicly owned and operated community water suppliers that operate a waterworks system are required to submit a general plan that identifies water system needs for 5-year and 20-year planning periods by January 1, 2016. The general plan may include information about current reliability studies, annual pumpage reports, a sample siting plan, a water protection plan, a water conservation and efficiency program, waterworks operation and maintenance programs, regional planning documents and relevant land use plans for the service area. Administrative rules require a public water supply system to conduct a hydrogeological study of the groundwater source to determine the availability of water and consideration of other hydrogeological conditions and water quality assessments. Administrative code also requires public water systems proposing use of a surface water supply to conduct an assessment of surface water sources including a determination of the availability of an adequate and dependable water supply source.	A water supply planning process is conducted for two regional planning agencies in the state that includes the Northeast Region and the East-Central Region. The establishment of the two water supply planning areas is based on population densities and establishment of priority watersheds in the state. The water supply plans include an evaluation of water use, water demand and future water demand projections through 2050. The water supply plans also evaluate future water supply options based on hydrogeology studies of the area, water conservation, and climate change through 2050.	A Self-Assessment Manual is used to assess Iowa water system viability. The manual is a tool for public water systems to appraise their technical, managerial, and financial capability to provide water supply to their customers. The assessment includes determining the availability and adequacy of water supply sources; treatment requirements; infrastructure needs; operation and maintenance; management and administration; finances; and future planning.	All public water supply systems that serve more than 1,000 people must submit a water supply plan every 10 years for approval. The water supply plans must include a description and evaluation of the water supply system that includes an analysis of water demand, water use trends, treatment and storage capacity, a description of water sources, natural resource impacts, resource sustainability, proposed water sources, alternative capital improvement plan, emergency response procedures, and a water conservation plan.

Persons responsible for submitting a water supply service area plan are owners or operators of public water supply systems. Costs associated with the water supply service area planning process will be managed by the operator of a public water supply system. The costs may be passed on to the customers of the public water supply system through utility rate increases subject to PSC approval and those customers would include small businesses. Costs are likely to be very case specific; however, the department anticipates that any individual utility rate increase resulting from costs imposed by this rule would be relatively small since the costs would be distributed among all customers that the public water supply system serves (residential, commercial and industrial) and due to the 20-year planning period over which the costs could be distributed.

Pursuant to s. 227.114, Stats., it is not anticipated that the proposed rules will have an economic impact on small businesses.

The Department's small business regulatory coordinator may be contacted at SmallBusiness@wisconsin.gov or by calling (608) 266-1959.

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 upon the comments received, the department may prepare an environmental analysis before proceeding with the proposal. The environmental review document would summarize the department's consideration of the impacts of the proposal and reasonable alternatives.

A fiscal estimate has been prepared and a full copy can be obtained following the procedures set forth above under Copies of Proposed Rule.

The department estimates that there are 77 public water supply systems that will need an approved water supply service area plan by December 31, 2025. The department estimates that 10 or fewer public water systems may need an approved water supply service area plan prior to the December 31, 2025 date.

As described below, the department assumes that the annualized costs to public water supply systems is relatively low; in part because many municipalities already conduct some level of water supply service area planning. Local governments may choose to pay for these costs out of existing funds. However, the costs will be incurred at the beginning of the planning period, and if the existing water utility revenues are insufficient to cover these up-front planning costs, the department assumes that public water supply systems regulated by the Public Service Commission (PSC) will have the option to recover the water supply planning costs from water supply users in a variety of ways.

The department estimates that the annual cost for water supply service area planning affecting local governments will be the amounts described below.

1) The department estimates that 38 public water supply systems will plan to meet the projected water demand with new or enlarged water supply facilities. The cost estimate to prepare a water supply service area plan for public water supply systems that plan to meet water demand with new or enlarged facilities is $57,300. The department assumes that the $57,300 cost to prepare the plan would be spread over a 20-year planning period: therefore the annual cost would be $57,300/20 = $2,900.

2) The department estimates that 19 public water supply systems will need to meet the projected demand with existing water supply facilities. The cost estimate to prepare a water supply service area plan with existing supplies is $27,300. The department assumes that the $27,300 cost to prepare the plan would be spread over a 20-year planning period: therefore the annual cost would be $27,300/20 = $1,400.

3) The department estimates that 20 consecutive systems will have to prepare a water supply service area plan that includes a delineation of the water supply service area, a description of the water supply system, and forecast population and water demand. The cost estimate for consecutive systems to prepare a water supply service area plan is $16,500. The department assumes that the $16,500 cost to prepare the plan would be spread over a 20-year planning period; therefore the annual cost would be $16,500/20 = $800.

Dino Tsoris, Water Supply Specialist

Wisconsin Department of Natural Resources Bureau for Drinking Water and Groundwater

Phone: (608) 267-4581

Email: Constantine.Tsoris@wisconsin.gov.