The rules affect chs. Comm 2, 5, and 16, relating to electrical construction, certification and inspection.

The objective of the proposal, in keeping with the statutory requirement to use nationally recognized standards, is to update Chapter Comm 16, Electrical Code, incorporating by reference the 2008 edition of the National Electrical Code (NEC) published by the National Fire Protection Association (NFPA) as NFPA standard No. 70.

The rule may also address administrative issues related to electrical inspection, certification and associated fees in order to comply with the statutory mandate for inspection of electrical construction in those municipalities which have not adopted and enforced ordinances providing for inspection of electrical construction.

The state electrical code has incorporated the NEC by reference since 1972. Currently, the 2005 edition of the NEC is referenced by Chapter Comm 16. This rule project will update the state electrical code to the 2008 edition of the NEC while evaluating the electrical requirements in Chapter 16 that add to or modify the requirements in the NEC.

The department has provided limited electrical inspection along with consultation on the electrical code. The topic of increased electrical inspection will be considered and discussed along with creation of administrative rules in keeping with the statutory mandates for the protection of public health and safety.

The alternative of not updating these rules would result in chapter Comm 16 not being up-to-date with current nationally recognized standards for the design, installation and operation of electrical conductors and equipment in all buildings and structures and an inspection program that fails to fulfill the statutory objectives of Chapter 101, Stats.

The statutory authority for Chapter Comm 16 is contained in ss. 101.63 (1), 101.73 (1), 101.82 (1), Stats. The statutory authority for electrical inspection and associated fees is contained in ss. 101.19 (1) and 101.82 (3m) and (4), Stats.

These rules will affect any building, structure or premises where the installation of electrical wiring will be undertaken, other than those buildings, structures or premises regulated by the Public Service Commission. The rule will also affect any designer, installer or inspector of electrical wiring along with owners and frequenters of buildings, structures or premises where electrical wiring is installed.

There are several existing federal regulations that relate to the installation of electrical wiring and equipment. Some of these regulations require compliance with various editions of the National Electrical Code (NEC). An internet-based search of the Code of Federal Regulations (CFR) found the following existing federal regulations relating to the activities to be regulated by the rule.

The Occupational Safety and Health Administration (OSHA) revised the general industry electrical installation standard found in Subpart S of 29 CFR Part 1910, effective on August 13, 2007. The Agency determined that electrical hazards in the workplace pose a significant risk of injury or death to employees, and that the requirements in the revised standard, which draw heavily from the 2000 edition of the National Fire Protection Association's (NFPA) Electrical Safety Requirements for Employee Workplaces (NFPA 70E), and the 2002 edition of the National Electrical Code (NEC), are reasonably necessary to provide protection from these hazards. This revised standard focuses on safety in the design and installation of electric equipment in the workplace.

The staff time needed to develop the rules is expected to be approximately 700 hours, depending upon the associated complexity. This includes research, rule drafting, and processing the rules through public hearings, legislative review, and adoption. There are no other resources necessary to develop the rules.

The rules affect chs. NR 20 and 21, relating to the inland and WI/MN boundary water hook and line harvest of lake sturgeon.

This proposal recommends increasing the minimum length limit from 50‶ to 60‶ and reducing the season length from 6 weeks to 4 weeks.

To reduce harvest, an emergency rule was put in place for the 2007 hook and line season. The Department will be proposing a similar permanent rule.

Sections 29.014, 29.041, 227.24, and 29.192, Stats.

Recreational anglers (resident and nonresident) and the small businesses (bait shops, sporting goods and convenience stores) that support lake sturgeon fisheries will be affected by the proposed rule.

Authority to promulgate fishing regulations is granted to states. No federal regulations apply to the proposed changes in regulating recreational fishing activities.

The Department anticipates spending approximately 40 hours in the rule development process.

Questions may be addressed to:

Mike Staggs

101 S. Webster Street

PO Box 7921

Madison, WI 53707-7921

(608) 267-0796 or Mike.staggs@wisconsin.gov

The rules will affect chs. NR 107, 109 and 345, relating to general permit standards to allow operation of a motor vehicle on the beds of outlying waters.

The Department is proposing to revise chs. NR 107, 109 and 345, Wis. Adm. Code, to create three new general permits for dredging. The three general permits include authorization for the operation of a motor vehicle, on the beds of “outlying waters" (as defined in s. 29.001 (63), Stats.) to: 1) Remove algae, mussels, dead fish and similar large public nuisance deposits; 2) Remove a single thirty-foot wide path of vegetation to provide access to the water; and 3) Remove and control the invasive plant Phragmites australis (Common Reed Grass).

The major policy issues regarding this rule are the type, extent, frequency, and methods used to maintain shoreline areas (e.g. beaches) on “outlying waters" (as defined in s. 29.001 (63), Stats.). Lower water levels the past several years on the Great Lakes have provided larger areas of exposed lakebed ranging in type from rock to sand to vegetation. Since riparian owners have the exclusive privilege to utilize exposed lakebed on their property, they are able to manage these areas in varying ways. Some of these activities include vegetation management and the removal of nuisance materials like Cladophora and dead zebra mussels deposited by wave action. Under an emergency rule effective since June 2007, a new general permit was created to streamline the permit process for the removal of Cladophora and other nuisance deposits. Since June, three applications have been received under the newly created general permit. Soon after the new general permit was available, there was a large positive public response with many requests for information and permit applications. That initial response, however, only resulted in three permit applications and information requests decreased throughout the summer. The specific reasons for this decline are unknown, however several waterfront property owners commented that there was less Cladophora along the shoreline this year. One possible explanation could be that once Cladophora detaches from its hard substrate it may be carried for considerable distance by water currents and waves before finally collecting along calmer shores, often in bays and on beaches. As a result, collection of algae on some shores may have more to do with shoreline shape and currents than abundance. The easterly winds are responsible for pushing the algae toward the Wisconsin side of the Lake Michigan coast. Near shore currents along the Wisconsin side of Lake Michigan typically travel from north to south, and these currents pull the algae with them. It may have been that this year there were less easterly winds to blow the Cladophora to the Wisconsin shoreline, and/or the near shore currents did disperse the material in the same way as they have done in previous years.

As a result of the positive public response and information requests to the newly created general permit pertaining to nuisance deposits, a new invasive species challenge was uncovered. Phragmites, an aquatic invasive plant, has started to grow in dense stands on the exposed lakebed. Currently removal of vegetation on exposed lakebed areas (below the OHWM) is limited to a single 30 foot wide path measured along the shoreline per property. All vegetation (except for any state or federally listed endangered species) may be removed in this 30 foot wide path by hand without any Department approvals (e.g., hand pull it, use a string trimmer, push lawn mower, etc.). However, as the amount of exposed lake bed is increasing, the density of Phragmites is increasing and the use of hand held devices is becoming ineffective. Riparian land-owners have expressed the desire to employ the use of motorized vehicles (e.g. ATV, commercial riding mower, etc.) to control Phragmites. The statutes and current rule requires lakefront property owners to apply for an individual permit to use motor vehicles to remove nuisance deposits, or other invasive or unwanted vegetation below the OHWM. However, individual permits require a $500 application fee and a 30 day public comment period before the permit can be issued