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.