Gives DATCP more latitude to extend land and water conservation funding for county cost-share contracts with landowners that were signed, but not completed, during the preceding year (extends signing deadline from December 1 to December 31).
Extends the current mid-year deadline for counties to file cost-share reimbursement requests with DATCP (from June 1 to July 1).
Updates current standards for the certification of agricultural engineering practitioners under the land and water conservation program, consistent with current standards published by the united states department of agriculture, natural resource conservation service (“NRCS").
Updates current standards used by certified soil testing laboratories under the land and water conservation program, consistent with updated standards published by the university of Wisconsin-extension and university of Wisconsin- Madison.
Meat Inspection
Corrects erroneous cross-references to federal meat inspection regulations in state meat inspection rules.
Dairy Inspection
Changes, from 7 days to 14 days, the time period within which dairy plants must report high somatic cell counts in goat milk and take follow-up samples related to high bacterial counts.
Weights and Measures
Updates technical standards incorporated by reference in current packaging and labeling and weights and measures rules (ATCP 90 & 92), including the latest standards published by the National Institute of Standards and Technology.
Car Rental Notices
Incorporates statutory provisions requiring car rental companies to notify prospective renters if the rental company may charge the renter's credit card for forfeitures and other costs incurred but not paid by the renter for nonmoving traffic violations (parking tickets).
Mobile Home Park Rent Disclosures
Clarifies, but does not change, current rules related to disclosure of rent and related charges in mobile home parks. This rule clarifies that park operators may disclose charges by means of a price schedule, rate or formula, provided that the renter can readily determine the amount to be paid.
Fair Premium Aids
Authorizes DATCP to pay county and district fair premium aids based on total county and district fair premiums paid (current rule requires payment based on total premiums less entry fees).
Other Technical Changes
Modifies current
notes to reflect the fact that rules and related documents are now filed with the legislative reference bureau, not the revisor of statutes or secretary of state (the revisor of statutes office was eliminated by
2007 Wis. Act 20).
Corrects minor errors in current rules.
Makes minor organizational, drafting and terminology changes.
Comparison with federal regulations
Some of the rules affected by this rule are based on federal regulations or standards including:
•
Soil and water conservation standards published by NRCS.
•
Regulations under the federal meat inspection program. State standards must be at least “equal to" the federal standards.
•
Dairy standards under the Interstate Pasteurized Milk Ordinance (PMO)
•
Weights and measures standards issued by the national institute of standards and technology.
This rule is consistent with relevant federal regulations and standards.
Comparison with rules in adjacent states
Surrounding states have programs similar to some of the programs affected by this rule, including cooperative state-federal programs related to soil and water conservation, meat inspection, dairy regulation, and weights and measures regulation. Current Wisconsin programs in these areas are substantially equivalent to programs in surrounding states. This rule does not have a significant impact on programs in this state or other states, or create any significant disparity between this state and other states.
Summary of data and analytical methodologies
This rule does not depend on any complex analysis of data. This rule merely makes minor or technical changes to current rules.
Standards incorporated by reference
This rule updates references to certain technical standards that are incorporated by reference in current rules. Updated technical standards include the following:
•
Soil and water conservation practice standards published by NRCS (see ch.
ATCP 50 Appendix G attached).
•
Weights and measures standards published by NIST, including the 2008 editions of NIST Handbooks 44 and 130.
Pursuant to s.
227.21, Stats., DATCP has requested permission from the Department of Justice to incorporate the updated technical standards by reference in this rule. Copies of the updated standards that are incorporated by reference in this rule will be kept on file with DATCP and the Legislative Reference Bureau.
Effect on Small Business
This rule will not have any significant impact on small business or other business. This rule makes minor and technical “housekeeping" changes that will not have a significant impact on business standards, costs or operations.
To provide comments or concerns relating to small business, please contact DATCP's small business regulatory coordinator Keeley Moll at the address below, by emailing to
Keeley.Moll@wi.gov or by telephone at (608) 224-5039.
Environmental Impact
This “housekeeping" rule will have no significant environmental impact.
Fiscal Estimate
This rule will have no significant fiscal impact on the department or local units of government.
•
This rule will allow the department to charge license applicants an additional $3 for electronic processing of licenses, if applicants choose that option. However, that option is not currently available except on a few simple licenses.
•
This rule adjusts current agricultural chemical cleanup program surcharges paid by fertilizer and pesticide license holders to conform to the new (lower) amounts specified by statute. However, DATCP has already implemented the new amounts, so this rule will not change the surcharge amounts currently being paid.
•
This rule will not have a substantial impact on DATCP administrative or operating costs.
Submission of Written Comments
DATCP invites the public to attend the hearing and comment on the proposed rule. Following the public hearing, the hearing record will remain open until Friday, September 5, 2008 for additional written comments. Comments may be sent to the Office of Legal Counsel at the address below, by email to
Karen.schultz@wisconsin.gov or online at:
Agency Contact
Questions or comments related to this rule may be sent to the following address:
Karen Schultz
Dept. of Agriculture, Trade and Consumer Protection
2811 Agriculture Drive
Madison, WI 53718
Telephone: (608) 224-5023
Copy of Proposed Rule
You may obtain a free copy of this rule by contacting the Wisconsin Department of Agriculture, Trade and Consumer Protection, Office of Legal Counsel, 2811 Agriculture Drive, P.O. Box 8911, Madison, WI 53708. You can also obtain a copy by calling (608) 224-5023 or emailing
Karen.schultz@wisconsin.gov. Copies will also be available at the hearings. To view the proposed rule online, go to:
Notice of Hearing
Commerce
Financial Resources for Businesses and Communities, Chs.
Comm 104—
Housing Assistance, Chs.
Comm 150—
NOTICE IS HEREBY GIVEN that pursuant to ss.
560.02 (4),
560.04,
560.045, and
560.9809, Stats., the Department of Commerce will hold a public hearing on emergency rules revising Chapters
Comm 108 and
154 relating to emergency assistance grants in the community development block grant program.
Hearing Information
The public hearing will be held as follows:
Date and Time:
|
Location:
|
August 27, 2008
Wednesday
At 10:00 A.M.
|
Thompson Commerce Center
Third Floor, Room 3B
201 West Washington Avenue
Madison, Wisconsin
|
This hearing will be held in an accessible facility. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call Sam Rockweiler at (608) 266-0797 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.
Submission of Written Comments
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, via e-mail. Persons submitting comments will not receive individual responses. The hearing record on this rulemaking will remain open until September 5, 2008, 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. E-mail comments should be sent to
srockweiler@commerce.state.wi.us. If e-mail submittal is not possible, written comments may be submitted to Sam Rockweiler, Department of Commerce, Division of Environmental and Regulatory Services, P.O. Box 14427, Madison, WI 53708-0427.
Analysis Prepared by Department of Commerce
Statutes interpreted
Statutory authority
Explanation of agency authority
The Department is the designated agency to administer the federally funded Small Cities Community Development Block Grant (CDBG) Program for Wisconsin. These CDBG funds can be used statewide, except in “entitlement" communities that also receive annual CDBG funding directly from the US Department of Housing and Urban Development (cities with populations above 50,000 and, with only a few exceptions, Milwaukee, Dane, and Waukesha Counties). Federal regulations require that the Department submit an Annual Plan describing the State's intended use and distribution of the CDBG funds based on any State regulations and public input. The Wisconsin administrative rules that are authorized by the above statutes set forth the criteria, process, and limitations for distributing CDBG funds.
Related statute or rule
The Department has statutes and rules for other programs associated with housing assistance and community development, but none of these programs fund emergency assistance for housing repair or public infrastructure/facility repair or replacement.
Plain language analysis
The rules in this order repeal current limits on emergency assistance grants in the CDBG Program. This will enable the Department to (1) use any available CDBG funds for emergency assistance with repairing or replacing public infrastructure and facilities, and with repairing or replacing homes damaged by the severe storms and flooding; and (2) base the award amounts on the scope of the damages and destruction in the community and on the funds available.
Comparison with federal regulations
24 CFR 570.483(d) allows the Department to use CDBG funds for activities that address the national objective of meeting an “urgent local need." The criteria under this objective specify that the funded activities must be designed to alleviate existing conditions which pose a serious and immediate threat to the health or welfare of the community, and which are of recent origin or recently became urgent. In addition, the Department must determine that the state grant recipient is unable to finance the activity on its own, and that other sources of funding are not available to carry out the activity.
Comparison with rules in adjacent states
Michigan. Michigan does not set aside or limit the use of CDBG funds for emergency assistance in either state statute or administrative rule or in their Annual Plan submittal to HUD. In the event of a disaster, Michigan amends their Annual Plan to enable CDBG funds to be used for emergency assistance as needed.
Minnesota. Minnesota does not set aside CDBG funds for emergency assistance in either state statute or administrative rule or in their Annual Plan submittal to HUD. In the event of a disaster, Minnesota amends their Annual Plan to enable CDBG funds to be used for emergency assistance. The Minnesota Small Cities Development Program does have a policy to limit CDBG funding to $1.4 million per community for each event.
Iowa. Iowa does not set aside or limit the use of CDBG funds for emergency assistance by state statute or administrative rule. The current Iowa Annual Plan sets aside 5 percent of the CDBG annual allocation for emergency assistance. Iowa amends their Annual Plan if additional funds are needed.
Illinois. Illinois does not set aside or limit the use of CDBG funds for emergency assistance in either state statute or administrative rule or in their Annual Plan submittal to HUD. In the event of a disaster, Illinois amends their Annual Plan to enable CDBG funds to be used for emergency assistance as needed.
Summary of factual data and analytical methodologies
