Analysis Prepared by Dept. of Agriculture, Trade and Consumer Protection
This emergency rule creates a voluntary certification program for firewood dealers. Under this rule, the Department of Agriculture, Trade and Consumer Protection (“DATCP") may certify firewood dealers who agree to treat firewood according to rule standards to eliminate potential infestations of Emerald Ash Borer and other pests. A firewood dealer is not required to be certified under this rule in order to sell firewood in this state.
DATCP is adopting this temporary emergency rule pending the adoption of “permanent" rules on the same subject. This emergency rule will take effect immediately upon publication in the official state newspaper, and will remain in effect for 150 days. The Legislature's Joint Committee for Review of Administrative Rules may extend the emergency rule for up to 120 additional days.
The Wisconsin Department of Agriculture, Trade and Consumer Protection (“DATCP") has broad general authority, under s.
93.07(1), Stats., to interpret laws under its jurisdiction. DATCP has broad general authority, under ss.
93.06(1p),
93.07(12) and
94.01, Stats., to adopt regulations to prevent and control plant pest infestations. The voluntary certification program created by this rule is part of an overall state strategy to prevent and control plant pest infestations, including Emerald Ash Borer infestations.
Background. Emerald Ash Borer and other major pests are carried by firewood. The Wisconsin Department of Natural Resources (DNR) has adopted rules, under NR 45, to restrict the entry of firewood into Wisconsin state parks. The DNR rules prohibit, in state parks, firewood originating from outside this state. The DNR rules also prohibit firewood originating more than 50 miles from the state park unless the firewood originates from a firewood dealer who is certified by DATCP.
This rule creates a DATCP program for certification of firewood dealers. Firewood dealers certified under this rule could supply firewood to Wisconsin state parks. The certification program would be open to all firewood dealers in the state, regardless of whether they supply firewood to Wisconsin state parks. Certified firewood dealers must comply with this rule. A firewood dealer is not required to be certified under this rule in order to sell firewood in this state.
Emergency Rule. Under this emergency rule, DATCP may annually certify a firewood dealer. An annual certification expires on December 31 of each year. A firewood dealer is not required to be certified in order to sell or distribute firewood in this state. There is no charge for certification. Certification permits a firewood dealer to supply firewood to Wisconsin state parks, pursuant to NR 45.04 (1) (g).
DATCP may certify a firewood dealer if all of the following apply:
• The firewood dealer submits a complete application that complies with this rule.
• DATCP inspects all of the business premises identified in the certification application and determines, based on that inspection, that the firewood dealer is equipped to fulfill all of the representations included in the certification application.
A certification application must include all of the following:
• The correct legal name of the firewood dealer, and any trade names under which the firewood dealer sells or distributes firewood in this state.
The address of the firewood dealer's business headquarters.
The address of every business location from which the firewood dealer sells or distributes firewood in this state.
The approximate annual volume of firewood that the firewood dealer sells or distributes in this state, including the approximate annual volume sold or distributed from each business location.
The sources from which the firewood dealer obtains firewood for sale or distribution in this state. The application shall include the name and address of each person, if any, from whom the firewood dealer procures cut firewood.
A certification application must also include the following statement (the firewood dealer must notify DATCP if, at any time before or after the firewood dealer is certified, the statement is no longer accurate):
“All firewood that the applicant sells or distributes in this state is from trees grown and cut in this state. All of the firewood is treated in at least one of the following ways prior to sale or distribution in this state:
1. Each piece of firewood is heated to a temperature at least 160° F. (71.1° C.) at the center of the piece, and is maintained at that temperature for at least 75 minutes.
2. All bark, and additional wood to a depth of at least ½ inch beneath the bark, is removed from each piece of firewood.
3. The firewood is stored on the firewood dealer's premises for at least 2 years before it is sold or distributed in this state.
4. The firewood is fumigated with a registered fumigant pesticide, according to the pesticide label, to kill all insect pests that may inhabit the firewood.
5. The firewood is treated in a manner approved, in writing, by the Wisconsin Department of Agriculture, Trade and Consumer Protection, to kill all insect pests that may inhabit the firewood."
DATCP must grant or deny a certification application within 60 business days after DATCP receives a complete application. DATCP may withdraw a certification if the applicant materially misrepresents any information in the application, or fails to honor any of the commitments made in the application. A certification does not constitute a warranty, by the department, that firewood is free of pests.
Fiscal Impact
The state fiscal impact of this rule depends on the number of firewood dealers who apply for certification. There are thousands of firewood dealers in Wisconsin, but few of them will have a strong incentive to be certified under this rule. DATCP assumes that, at least initially, certification will be attractive mainly for large firewood dealers who can afford to implement the firewood treatment regimen required for certification.
Certification may be especially attractive for large firewood dealers who wish to supply firewood to Wisconsin state parks. DNR rules prohibit a firewood dealer from supplying firewood to a state park located more than 50 miles away, unless the firewood dealer is certified under this rule.
DATCP projects approximately one day of staff time to process each certification application and to inspect the firewood dealer's business premises. DATCP will incur inspector travel costs, but will attempt to minimize those costs by integrating inspections with other inspections. DATCP does not plan to do routine follow-up inspections, but may conduct occasional random inspections of certified firewood dealers.
DATCP assumes that approximately 30 firewood dealers will apply for certification under this emergency rule, for calendar year 2007. If that assumption is correct, DATCP will be able to absorb the projected workload and costs within DATCP's current budget and with current staff. However, if many more firewood dealers apply for certification, DATCP will need additional budget and staff to process applications and conduct required inspections.
Business Impact
This rule will not have a significant impact on firewood dealers in this state. This rule does not require firewood dealers to be certified, nor does it restrict the sale or distribution of firewood by uncertified dealers. This rule creates a voluntary certification program, which may benefit some firewood dealers in this state.
DNR rules prohibit a firewood dealer from supplying firewood to a state park located more than 50 miles away, unless the firewood dealer is certified by DATCP. This rule will allow certified firewood dealers to supply firewood to state parks throughout the state, regardless of the firewood dealer's distance from the park. This rule will primarily benefit large firewood dealers who can afford to implement the firewood treatment regimen required for certification.
This rule does not authorize or prohibit imports of firewood from outside this state. Current DATCP rules under ATCP 21.17 prohibit imports of firewood from areas which the U.S. department of agriculture has formally designated as being infested with certain wood pests, such as Emerald Ash Borer. DNR rules under NR 45.04(1)(g) prohibit imports of firewood to Wisconsin state parks from any location outside this state. This rule does not create an exemption to any of these existing rules. Certification under this rule is available only to firewood dealers who obtain all of their firewood from trees grown and cut in this state.
Environmental Impact
This rule will not have a significant impact on the environment. This rule does not restrict the sale or movement of firewood in this state. This rule will allow some firewood in state parks that would otherwise be prohibited by DNR rules, but only if the wood comes from a certified dealer who agrees to treat the wood to destroy plant pests such as Emerald Ash Borer. DATCP will inspect at least annually to verify that the firewood dealer has the necessary facilities and equipment to honor the agreement.
Federal Programs
Under the federal Plant Protection Act, the Animal and Plant Health Inspection Service of the United States Department of Agriculture (USDA-APHIS) has responsibility for excluding, eradicating and controlling serious plant pests, including the Emerald Ash Borer. USDA-APHIS has instituted statewide quarantines on the movement of ash wood for Illinois, Indiana and Ohio, in addition to the Lower Peninsula of Michigan. These quarantines include restrictions on the interstate movement of any hardwood (non-coniferous) firewood, and are in addition to the regulations adopted by each state related to the movement of firewood. Firewood cannot be moved from a quarantined area unless it is accompanied by an APHIS certificate that shows the firewood to be free of infested wood.
Surrounding State Programs
Surrounding states where EAB has been identified (Illinois, Indiana, Ohio and Michigan) have state and federal quarantines that prohibit the movement of regulated articles, including all hardwood firewood, out of quarantined areas. Firewood can only move out of quarantined areas after it is certified by USDA. Other surrounding states, such as Minnesota and Iowa, are conducting information and education campaigns about the danger of moving firewood and are considering regulatory options for dealing with firewood movement.
Notice of Hearing
Commerce
(Licenses, Certifications, etc., Ch.
Comm 5)
NOTICE IS HEREBY GIVEN that pursuant to ss.
101.02 (1),
101.982,
101.988 (2), and
227.24 (4) Stats., the Department of Commerce will hold a public hearing on emergency rules under chapter Comm 5 relating to the licensing of elevator contractors and installers.
Hearing Date and Location:
Wednesday, June 27, 2007, at 9:30 a.m.
Conference Room 3C
Thompson Commerce Center
201 West Washington Avenue
Madison, WI
Interested persons are invited to appear at the hearing and present comments on the emergency rules. Persons making oral presentations are requested to submit their comments in writing. Persons submitting comments will not receive individual responses. The hearing record on the emergency rules will remain open until July 6, 2007, to permit submittal of written comments from persons who are unable to attend the hearing or who wish to supplement testimony offered at the hearing. Written comments should be submitted to James Quast, at the Department of Commerce, P.O. Box 2689, Madison, WI 53701-2689, or Email at
jim.quast@wisconsin.gov.
This hearing is held in an accessible facility. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call (608) 266-8741 or (608) 264-8777 (TTY) at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audio tape format will, to the fullest extent possible, be made available upon a request from a person with a disability.
The emergency rules and an analysis of the rules are available on the Internet at the Safety and Buildings Division Web site at
www.commerce.wi.gov/SB/. Paper copies may be obtained without cost from Roberta Ward, at the Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689, or Email at
roberta.ward@wisconsin.gov, or at telephone (608) 266-8741 or (608) 264-8777 (TTY). Copies will also be available at the public hearing.
The small business regulatory coordinator for the Department of Commerce is Carol Dunn, who may be contacted at telephone (608) 267-0297, or Email at
carol.dunn@wisconsin.gov.
Notice of Proposed Rulemaking
Health and Family Services
NOTICE IS HEREBY GIVEN that under
2005 Act 74, the Department of Health and Family Services (Department) will repeal ch.
HFS 119, relating to the Health Insurance Risk-sharing Plan. Because the repeal of ch.
HFS 119 is in conformity with
2005 Act 74, the Department, under s.
227.16 (2) (b), Stats., will not hold a public hearing concerning this matter.
Analysis Prepared by Department of Health and Family Services
Effective July 1, 2006, the Department's authority to operate the Health Insurance Risk-Sharing Plan (HIRSP) was transferred, under
2005 Act 74, to the Health Insurance Risk-Sharing Plan Authority. Repeal of ch.
HFS 119 is, therefore, required.
Text of Proposed Rule
The full text of the order to repeal ch.
HFS 119 is as follows:
SECTION 1. Ch. HFS 119 is repealed.
Fiscal Estimate
The order to repeal ch.
HFS 119, will not result in a fiscal impact that is independent of that identified in the fiscal estimate made by the Department for 2005 Assembly Bill 844, creating
2005 Act 74.
A copy of the full text of the fiscal estimate may be obtained at no charge at the Wisconsin Administrative Rules website at
http://adminrules.wisconsin.gov.
Initial Regulatory Flexibility Analysis
Not applicable.
Contact Person
Rosie Greer
DHFS
P.O. Box 7850
Madison, WI 53707-7850
608-266-1279
Because this is an order to repeal a rule that under
2005 Act 74, the Department no longer has the authority to promulgate or implement rules relating to HIRSP, a public hearing will not be held on this matter. Questions about this order may be submitted to the contact person listed above.
Submit questions about HIRSP or the HIRSP Plan Authority to:
Josh Weisbrod
HIRSP Plan Authority
(608) 441-5777
Notice of Hearing
Revenue
Notice is hereby given that, pursuant to s.
227.11(2)(a), Stats., and interpreting s.
125.68 (10) (bs), Stats., the Department of Revenue will hold a public hearing at the time and place indicated below, to consider the amendment of ch.
Tax 8, relating to
reciprocal interstate shipments of wine.
Hearing Information
The hearing will be held at 9:00 A.M. on Thursday, June 28, 2007, in the Events Room (1st floor) of the State Revenue Building, located at 2135 Rimrock Road, Madison, Wisconsin.
Handicap access is available at the hearing location.
Comments on the Rule
