Amend the wording of NR 46 to replace “petition" and “petitioner" with “application" and “applicant." 2009 Wisconsin Act 365 replaced the words “petition" with “application," and “petitioner" with “applicant." The proposal is that NR 46 would use the same wording as in statute.

Amend the application dates and requirements. 2009 Wisconsin Act 365 replaced the March 31, May 15 and July 1 application deadlines with a June 1 application deadline. The statutory change also required that management plans need to be submitted with the application. Independent certified plan writers would continue to provide application and management plan development service to landowners. DNR foresters provide these services in situations where services from independent certified plan writers are not available. Proposed changes to NR 46 would make all dates and requirements for Managed Forest Law applications consistent with new statutory language.

Amend MFL application fees. Recording fees at local register of deeds offices have increased to $30.00 per document. The department is required to collect the cost of recording Managed Forest Law documents from landowners as an application fee. The proposal is to increase the application fee from $20 to $30 per county for each application.

Repeal NR 46 wording requirements in application forms and management plans. NR 46 currently lists wording requirements to be used on the application and management plan regarding building characteristics and management plans. Application forms are required to have certain information regarding building characteristics and wording in management plans for landowners to acknowledge that violations of the building requirements may cause lands to be withdrawn from the Managed Forest Law program. These specific wording requirements were inserted into NR 46 at a time when the building provisions were new, however these building provisions have been in effect since 1998. The proposal is to remove the wording requirements from NR 46 so that no one statutory or administrative code provision is highlighted over and above other provisions of the Managed Forest Law.

Amend the certified plan writer program certification requirements. The department has amended its training requirements according to the skills and training needs of students. NR 46 states the homework required for plan writer certification. Proposed amendments to NR 46 eliminate the specific homework requirements to allow the department to better meet student training needs.

Amend reporting dates as a result of new application deadlines provided for in 2009 Wisconsin Act 365. Deadlines for certified plan writers to report management plan cost data must be adjusted in order to have new costs available for use for the new Managed Forest Law application dates. The NR 46 proposal will be to move the dates to collect cost data to be one month earlier from May 31 to May 1 of each year.

Require that owners buying lands from large ownerships as defined in NR 46.18(4) provide a management plan within one year of the transfer date. Historically, the department has written management plans free of charge. This proposal requires that landowners who purchase lands from large ownerships provide a management plan within 1 year of the date of transfer. Landowners would follow the same protocol to obtain the services of a certified plan writer as new enrollees.

Require that owners who no longer meet the qualifications of a large ownership in NR 46.18(4) must provide a management plan within one year of losing large ownership status. Landowners who no longer qualify as a large ownership as defined in NR 46.18(4) are placed in the small landowner category, requiring that a management plan be developed. Historically the department has written these plans. This proposal would require that landowners who lose their status as a large ownership provide a management plan within 1 year of the date of losing their large ownership status. Landowners would follow the same protocol to obtain the services of a certified plan writer as new enrollees.

Amend wording associated with the alternative withdrawal tax calculation. Landowners who withdraw lands early from the Managed Forest Law are required to pay a withdrawal tax based on a formula that multiplies the assessed value, tax rate and years under the law, or based on 5% of the average stumpage value for the market zone. Adjustments to the wording will clarify that the withdrawal tax estimates are not the same as the Department of Revenue withdrawal tax estimates recently created in 2009 Wisconsin Act 365. NR 46 wording changes will also include statutory references regarding renewal of lands under Managed Forest Law.

There are no known federal rules which apply to the Managed Forest Law program.

Minnesota, Michigan, Iowa and Illinois offer some type of incentive program to forest landowners, however their program requirements are not as comprehensive as Wisconsin's Managed Forest Law.

Effect on small business will be de minimis.

Summary of the changes to NR 46, Wis. Admin. Code under FR-45-10.

Changes to NR 46 include a variety of topics including elimination of the subsection associated with management of the Woodland Tax Law, changing the definition of “incompatible with existing uses of the land," repealing of the definition of “management plan packet," replacing the words “petition" and “petitioner" with “application" and “applicant," amending the application dates and requirements, amending the application fees, repealing the requirement for specific wording on application forms and management plans, amending the requirements to be certified as a plan writer, amending reporting dates for certified plan writers, requiring that owners buying lands from larger ownerships provide a management plan within one year of the date of transfer, requiring that owners who no longer meet the qualifications of a large ownership provide a management plan within one year of losing large ownership status, amending wording associated with the alternative withdrawal tax calculation.

Most provisions of the proposed NR 46 rule change have no fiscal impact on state or local revenues or expenditures, including provisions to repeal subchapter II, amend or repeal definitions, amending application deadlines and requirements, repeal specific wording used in MFL forms, amend certified plan writer program certification requirements, amend certified plan writer reporting dates, amending wording associated with determining the alternative withdrawal tax.

Changes to NR 46 that do have a fiscal impact include the following:

STATE FISCAL IMPACT:

Amend MFL application fees.

The department's cost to record orders at the register of deeds office has increased from $20 to $30 per order. Since MFL landowners pay an application fee that covers the recording costs, application fees must be increased from $20 to $30. Over the past 5 years, an average of 1,249 applications have been received for entry into MFL. This new entry is expected to be constant for the next 5 years. In addition, there is an expected increase in applications due to the renewal of lands from expiring MFL entries. Roughly 67% of lands that are expiring from the Forest Crop Law program re-enroll under MFL. If this trend remains constant it is expected that an average of 837 renewals will be submitted annually. If landowners pay an additional $10 per entry for new or renewal applications, the department will collect an additional $20,860 to cover the recording costs (1,249 new entries + 837 renewals = 2,086 total entries x $10/entry = $20,860).

LOCAL GOVERNMENT FISCAL IMPACT:

None.

PRIVATE SECTOR FISCAL IMPACT:

Require that owners buying lands from large ownerships, as defined in NR 46.18(4), provide a management plan within one year of the transfer date.

Roughly 113 transfers from a large ownership to a small ownership have occurred annually from calendar year 2005 through 2009. Under this rule proposal, landowners would be required to provide a management plan within one year of the date of transfer that would be written by a certified plan writer. DNR foresters would write a management plan only if services from a certified plan writer are not available.

Certified plan writers charge for their services in a variety of ways including: (1) a combination of plan cost and per acre cost, (2) per acre costs only, (3) hourly costs or (4) project costs. To determine the cost of plan writing services for this fiscal estimate the cost the department would charge to write a management plan is used, which is based on the plan cost and per acre costs. DNR determines these costs by averaging the costs certified plan writers annually charge landowners for plan writing services. The current base rate, or cost per plan is $470 per plan, with an additional charge of $6.73 per acre.

The average MFL ownership is 67 acres; therefore, landowners would collectively spend $104,062.83 to have these plans prepared by certified plan writers [(113 plans x $470/plan) + (7,571 acres (67 ac. per plan x 113 plans) x $6.73/acre) = $104,062.83].

Require that owners who no longer meet the qualifications of a large ownership in NR 46.18(4) must provide a management plan within one year of losing large ownership status.

Currently there are two large landowners who no longer meet the qualifications of a large landowner that would need to develop management plans through a certified plan writer. Under this rule proposal these two landowners would need to have management plans developed at a cost of $17,032.99 [(10 plans x $470/plan) + (1,832.54 acres x $6.73/acre) = $17,032.99].

Increase existing revenues.

Fund sources affected: SEG.

Affected chapter 20 appropriations: Section 20.370 (1) (cr).

No local government costs.

Landowners applying for Managed Forest Law will pay an additional $15 per county for MFL applications. This extra cost covers the fees to record new MFL Orders of Designation with registers of deeds.

NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors in ss. 15.08 (5) (b), 227.11 (2) and 443.015, Stats., Stats., the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors will hold a public hearing at the time and place indicated below to consider an order to create Chapter A-E 13, relating to continuing education requirements for professional engineers.

The hearing will be held on:

Copies of this proposed rule are available upon request to Kris Anderson, Paralegal, Department of Regulation and Licensing, Division of Board Services, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708, or by email at Kristine1.Anderson@wisconsin.gov.

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. Comments may be submitted to Kris Anderson, Paralegal, Department of Regulation and Licensing, Division of Board Services, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, WI 53708-8935, or by email to kristine1.anderson@wisconsin.gov. Comments must be received on or before April 19, 2011 to be included in the record of the rule-making proceedings.

Section 443.015, Stats.

Sections 15.08 (5) (b), 227.11 (2) and 443.015, Stats.

Under 2007 Act 47, codified at s. 443.015, Stats., the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors is authorized to establish rules regarding continuing education (CE) requirements for purposes of renewing the credential of individuals licensed under Ch. 443, Stats.

There are no other statutes or rules than those listed above.

This proposed rule-making creates ch. A-E 13, Wis. Admin. Code, relating to continuing education requirements for the credential renewal of professional engineers within the jurisdiction of the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors, as permitted under s. 443.015, Stats.

SECTION 1 creates ch. A-E 13, entitled “CONTINUING EDUCATION FOR PROFESSIONAL ENGINEERS."

SECTION 2 creates s. A-E 13.01, entitled “Authority and purpose." This section provides the statutory authority for the creation of ch. A-E 13, and indicates that ch. A-E 13 implements biennial continuing education requirements for professional engineer registrants.

SECTION 3 creates s. A-E 13.02, entitled “Definitions." This section defines, in numbered subsections, seven (7) terms as they are used in ch. A-E 13: (1) “biennium," (2) “college semester hour," (3)“continuing education," (4) “continuing education unit" or “CEU," (5) “course" or “activity," (6) “EAC/ABET," and (7) “professional development hour" or “PDH."

SECTION 4 creates s. A-E 13.03, entitled “Continuing education." This section has three (3) subsections. Subsection (1) of s. A-E 13.03 has four lettered paragraphs. Paragraph (a) provides that beginning with the August 2012 biennial registration period, all registered professional engineers who have renewed their credential one or more times shall complete at least 30 PDHs of approved continuing education each biennial period.

Paragraph (b) provides that of those 30 required PDHs, 2 must be in the area of professional conduct and ethics.

Paragraph (c) provides that of those same 30 PDHs, a maximum of 13 may be obtained through courses in either a traditional classroom setting, by computer conferencing, or by video conferencing, in which participants can communicate directly with each other and the instructor.

Paragraph (d) provides that a maximum of 15 PDHs earned in excess of the 30 required for one biennial registration period may be used toward the next biennium's continuing education requirements.

Subsection (2) of s. A-E 13.03 sets forth, in lettered paragraphs, seven (7) different means by which a registrant may satisfy his or her biennial continuing education requirements: (a) completing courses offered at an EAC/ABET-accredited engineering school or college; (b) completing short courses or tutorials and distance education courses offered via correspondence, DVD, or the internet; (c) presenting or attending seminars, in-house courses, workshops, or making professional or technical presentations at meetings, conventions, or conferences; (d) teaching or instructing any of the courses or programs listed in paragraphs (a) to (c), where the PDH earned for each hour of teaching is twice that earned for participation only; (e) publishing papers, articles, or books in the registrant's practice area, where each such publication earns 5 PDHs, and where peer-reviewed publications earn 10; (f) participating in professional and technical societies for a maximum of 4 PDHs per biennium, where participation as an officer or committee member earns 2 PDHs per year; and (g) attaining a patent in the registrant's practice area, where each such patent earns 10 PDHs.

Subsection (3) of s. A-E 13.03 provides that any registrant who fails to meet the continuing education requirements by the registration renewal date may not practice professional engineering until renewal has been achieved.

SECTION 5 creates A-E 13.04, entitled “Examples of qualifying activities." This section provides five (5) examples of qualifying activities in numbered subsections.

SECTION 6 creates s. A-E 13.05, entitled “Standards for approval." This section has two subsections. Subsection (1) of s. A-E 13.05 establishes, in lettered paragraphs, four criteria for approval of a continuing education program.

Subsection (2) of s. A-E 13.05 provides that the professional engineer section of the joint A-E examining board has final authority to approve continuing education courses and other methods for earning PDHs. Subsection (2) also lists, in lettered paragraphs (a) – (n), fourteen (14) approved provider entities, and in lettered paragraphs (o) and (p), two (2) general, or catch-all, categories of potential continuing education providers that may seek approval from the professional engineer section.

SECTION 7 creates s. A-E 13.06, entitled “Certificate of completion; proof of attendance." This section has three (3) subsections. Subsection (1) of s. A-E 13.06 requires applicants for registration renewal to certify their compliance with the continuing education requirements of ch. A-E 13.

Subsection (2) of s. A-E 13.06 provides that the professional engineering section may randomly audit registrants biennially for continuing education compliance.

Subsection (3) of s. A-E 13.06 provides that within 30 days of receiving a written request from the section for evidence of compliance, a registrant shall submit such evidence, and that failure to do so will result in denial of the registrant's renewal application.

SECTION 8 creates s. A-E 13.07, entitled “Recordkeeping." This section has three (3) numbered subsections. Subsection (1) of s. A-E 13.07 requires all registrants to maintain, on a form approved by the professional engineer section, records of having satisfied the continuing education requirements for at least the three (3) most recent biennia.

Subsection (2) of s. A-E 13.07 provides that the records maintained under subs. (1) must include evidence of registrant's attendance at, and completion of, any program providing continuing education the registrant counts toward his or her required PDHs.

Subsection (3) of s. A-E 13.07 requires registrants to convert any CEUs awarded for continuing education courses to PDHs for recordkeeping.

SECTION 9 creates s. A-E 13.08, entitled “Waiver of continuing education." This section has six (6) numbered subsections. Subsection (1) of s. A-E 13.08 provides that renewal applicants may request, in writing, a waiver of the continuing education requirements for reasons of “extreme hardship." The professional engineer section, or its designee, will have sole discretion on how to address such requests.