Rule-Making Notices (Hearing Notices)

The Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) announces that it will hold public hearings on a rule designating 12 agricultural enterprise areas (AEAs) encompassing a total of just under 200,000 acres pursuant to s. 91.84, Stats. An AEA is a contiguous land area, devoted primarily to agricultural use, which is locally targeted for agricultural preservation and agricultural development.

Hearing Information

DATCP will hold two public hearings at the times and locations shown below.

Date:   August 12, 2010

Time:   2:00 PM to 6:00 PM

Location:   Town of Washington Town Hall
  5750 Old Town Hall Road
  Eau Claire, WI 54701

Date:   August 16, 2010

Time:   2:00 PM to 6:00 PM

Location:   Dept. of Agriculture, Trade & Consumer
  Protection
  2811 Agriculture Drive
  Board Room, 1st Floor
  Madison, WI 53704

Hearing impaired persons may request an interpreter for these hearings. Please make reservations for a hearing interpreter by August 5, 2010 by contacting Coreen Fallat, Department of Agriculture, Trade and Consumer Protection, Division of Agricultural Resource Management, P.O. Box 8911, Madison, WI 53708-8911, [e-mail], telephone [phone]. Alternatively, you may contact the DATCP TDD at [phone]. Handicap access is available at the hearings.

Submittal of Written Comments

DATCP invites the public to attend the hearings and comment on the rule. Following the hearing, the hearing record will remain open until Tuesday, August 31 for additional written comments. Comments may be sent to the Division of Agricultural Resource Management, Attention Coreen Fallat, at 2811 Agriculture Drive, Madison, WI 53708, by email to [e-mail] or online at http://adminrules.wisconsin.gov.

To provide comments or concerns relating to small business, you may also contact DATCP's small business regulatory coordinator Keeley Moll at the address above, or by emailing to [e-mail] or by telephone at [phone].

Copies of Proposed Rule

You may obtain free copies of the proposed rule by contacting the Wisconsin Department of Agriculture, Trade and Consumer Protection, Division of Agricultural Resource Management, 2811 Agriculture Drive, Attention Coreen Fallat, Madison, WI 53708. You may also obtain copies by calling [phone] or emailing DATCPWorkingLands@ wisconsin.gov. Copies will also be available at the hearing. To view the proposed rule online, go to: http://adminrules.wisconsin.govKeeley.Moll@ datcp.state.wi.us.

Analysis Prepared by Department of Agriculture, Trade and Consumer Protection

This rule designates 12 agricultural enterprise areas (AEAs) pursuant to s. 91.84, Stats. An AEA is a contiguous land area, devoted primarily to agricultural use, which is locally targeted for agricultural preservation and agricultural development. The 12 AEAs designated by this rule encompass just under 200,000 acres. The AEAs include land in 11 counties and 27 towns (some of the AEAs cross town or county lines).

The designation of an AEA does not control or restrict land use. However, the owners of farms located within an AEA may enter into voluntary 15-year farmland preservation agreements with DATCP. That enables them to claim farmland preservation tax credits under s. 91.613, Stats.

Statutes interpreted

Section 91.84 and 91.86, Stats.

Statutory authority

Section 91.84 (1) and (2), Stats.

Explanation of Statutory Authority

Under s. 91.84 (1), Stats., DATCP may designate up to 15 AEAs, encompassing a total of not more than 200,000 acres, before January 1, 2012. DATCP may designate additional AEAs after January 1, 2012. DATCP may designate AEAs by a special abbreviated rulemaking process described in s. 91.84 (2), Stats.

DATCP may designate AEAs in response to local petitions under s. 91.86, Stats. Each petition must be signed by at least 5 farmers within the AEA, and by the affected county and local governments. Other persons may sign in support of a petition.

Related rules or statutes

Owners of farms located within an AEA may enter into voluntary 15-year farmland preservation agreements with DATCP, pursuant to s. 91.60, Stats. Those farmers may claim farmland preservation tax credits under s. 91.613, Stats. Tax credits are higher for farms that are also covered by a certified farmland preservation zoning ordinance under subch. III of ch. 91, Stats. An owner of a farm located within an AEA may enter into a farmland preservation agreement, regardless of whether the farm owner signed the petition requesting designation of the AEA.

Plain language analysis

This rule designates the following 12 AEAs, totaling just under 200,000 acres, in the following locations (the AEA's are specifically described by the maps shown in Appendix A to this rule):

AEA name	AEA Location (County and Town)
Antigo Flats AEA	Langlade County; Towns of Ackley, Antigo, Neva, Peck, Polar, Price and Rolling
Ashippun/Oconomowoc AEA	Dodge and Waukesha Counties; Towns of Ashippun and Oconomowoc
Bayfield AEA	Bayfield County; Town of Bayfield
Bloomer Area AEA	Chippewa County; Town of Bloomer
Cadott Area AEA	Chippewa County; Towns of Goetz and Delmar
La Prairie AEA	Rock County; Towns of La Prairie and Turtle
Maple Grove AEA	Shawano County; Town of Maple Grove
Rush River Legacy AEA	St. Croix County; Town of Rush River
Scuppernong AEA	Jefferson County; Towns of Cold Spring, Hebron, Palmyra and Sullivan
Squaw Lake AEA	Polk and St. Croix Counties; Towns of Alden, Farmington, Somerset and Star Prairie
Town of Dunn AEA	Dane County; Town of Dunn
Windsor AEA	Dane County; Town of Windsor

Comparison with federal regulations

There are no federal programs comparable to the AEA program implemented by this rule. Over 15 states have “agricultural district" programs that bear some resemblance to the AEA program implemented by this rule, including the neighboring states of Illinois, Iowa, and Minnesota. However, each of those state programs has its own unique features.

None of the programs in other states is exactly comparable to the AEA program implemented by this rule, and some are more comparable to Wisconsin's farmland preservation zoning program. Some include limits on non-farm development, local planning requirements, right-to-farm protection, rewards for conservation practices, per acre property tax credits, and eligibility for participation in a conservation easement program.

Summary of data and analytical methodologies

DATCP evaluated AEA petitions in consultation with a panel that included independent reviewers. DATCP and the reviewers considered factors identified in ss. 91.84 and 91.86, Stats., as well as a variety of other factors identified in the petition forms. Petitioners were invited to submit, and did submit, extensive data and information to support their petitions.

Environmental Impact

This rule, by itself, does not have a direct impact on the environment. This rule enables eligible farmers to enter into voluntary farmland preservation agreements with the state. Those agreements will have a positive effect on the environment by preserving agricultural land and promoting compliance with state soil and water standards.

This rule is not a “major action significantly affecting the quality of the environment," for purposes of s. 1.11, Stats. No environmental impact statement is required under s. 1.11, Stats. or ch. ATCP 3, Wis. Adm. Code.

Small Business Impact

This rule, by itself, does not have any direct impact on farmers or other business owners. The designation of an AEA does not control or restrict land use. However, farm owners in an AEA are eligible to enter into voluntary 15-year farmland preservation agreements with DATCP. That enables them to claim farmland preservation tax credits under s. 71.613, Stats.

Participating farmers may claim a significant tax credit benefit for the 15-year term of their agreement ($5 per acre per year, or $10 per acre per year if the land is also covered by a certified farmland preservation zoning ordinance). The AEA designation may also help reassure farmers and investors that the affected area will remain in agricultural use. The AEA designation may encourage, and help focus, agricultural investment and development.

Farmers who choose to enter into farmland preservation agreements (in order to qualify for tax credits) may incur some costs to keep their land in agricultural use for 15 years, and to comply with state soil and water conservation requirements. Some of these farmers may already be complying with conservation standards. In any case, the decision to enter into a farmland preservation agreement is voluntary. The cost of compliance for participating (if any) may be outweighed by the tax credit benefit.

Many of the farmers who will benefit from this rule are “small businesses." This rule will have a positive effect on those small businesses. This rule will impose no new mandates on small business (farmland preservation agreements are entirely voluntary). This rule is not subject to the small business delayed effective date under s. 227.22 (2) (e), Stats.

Fiscal Estimate

As a result of this rule, farmers in the designated AEAs will be able to enter into voluntary farmland preservation agreements with DATCP. That will enable them to claim farmland preservation tax credits under s. 71.613, Stats. For farms covered by agreements, farm owners may claim an income tax credit of $5.00 per acre. If the land is also covered by a certified farmland preservation zoning ordinance, the farm owner may claim a tax credit of $10.00 per acre. The tax credits, paid by the Wisconsin Department of Revenue, will be an annual cost to the State of Wisconsin. It is not possible to know exactly how many of the acres designated as an AEA will be entered into a farmland preservation agreement. An estimate of the cost of tax credits to the state assuming 40% of the acres are covered by an agreement can be found in the fiscal estimate.

The Department of Revenue will incur some added costs for personnel, supplies and services to process tax credit claim forms and pay the tax credits. However, those costs can likely be absorbed within DOR's current operating budget.

DATCP will incur some added costs to publish in the state newspaper and for personnel, supplies and services to enter into farmland preservation agreements with farmers in the designated AEAs. However, those costs will be relatively small and can be absorbed within DATCP's current operating budget.

Farmers claiming tax credits in the designated AEAs must comply with state soil and water conservation requirements. Counties monitor compliance, and may suspend a farmer's tax credit eligibility if the farmer fails to comply. Counties in which the AEAs are located may incur some additional costs for personnel, supplies and services to monitor conservation compliance by farmers claiming tax credits pursuant to farmland preservation agreements in the designated AEAs. In many instances, that cost can be absorbed within the counties' current operating budgets.

Agency Contact Person

Questions and comments related to this rule may be directed to:

Coreen Fallat

Dept. of Agriculture, Trade and Consumer Protection

P.O. Box 8911

Madison, WI 53708-8911

Phone: [phone]

EMail: [e-mail]

Notice of Hearing

Commerce

Licenses, Certifications and Registrations,
Ch. Comm 5

rulemaking_notices CR 10-090 CR 10-090

NOTICE IS HEREBY GIVEN that pursuant to ss. 101.02 (1) and (15), and 101.136, Stats., the Department of Commerce will hold a public hearing on proposed rules under Chapter Comm 5, relating to thermal insulator credentials.

Hearing Information

The public hearing will be held as follows:

Date:   August 11, 2010

Time:   1:00 PM

Location:   Thompson Commerce Building
  Conference Room 3B
  201 W. Washington Avenue
  Madison, Wisconsin

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 [phone] or [phone] (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.

Submittal of Written Comments

Interested persons are invited to appear at the hearing and present comments on the proposed 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 this proposed rulemaking will remain open until August 18, 2010, 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 [e-mail].

Copies of Proposed Rule

The proposed rules and an analysis of the proposed 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 Norma Sampson, at the Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689, or Email [e-mail], or at telephone [phone] or TDD Relay dial 711 in Wisconsin or [phone]. Copies will also be available at the public hearing.

Analysis Prepared by Department of Commerce

Statutes interpreted

Section 101.136 (5), 2009 Wisconsin Act 16.

Statutory authority

Sections 101.02 (1) and (15), and 101.136, Stats., 2009 Wisconsin Act 16.

Related statutes or rules

Chapters Comm 61 to 66, Wisconsin Commercial Building Code.

Explanation of agency authority

Under 2009 Wisconsin Act 16, s. 101.136, Stats., on July 1, 2011, only individuals licensed as insulation mechanics or working under the direct supervision of licensed insulation mechanics may install or maintain thermal system insulation. The proposed rules implement the licensing mandates of Act 16. Thermal insulation is statutorily defined as a product that is used in a heating, ventilating, cooling, plumbing or refrigeration system to insulate any hot or cold surface, including a pipe, duct valve, boiler flue, or tank or equipment on or in a building.

Summary of proposed rules

The proposed rules establish administrative procedures for licensing and registration of individuals who install or maintain thermal insulation for heating, ventilating, cooling, plumbing or refrigeration systems. The proposed rules reflect the statutory provisions of s. 101.136, Stats. The rules create credentials for thermal insulation mechanics, apprentices and helpers. The rules allow acquisition of the insulation mechanic license by completing an apprenticeship or taking and passing a department licensure exam provided the individual has 1,000 hours per year of experience for at least 4 consecutive years. The rules also include a grandfathering provision to obtain the mechanic's license that would sunset on July 1, 2015. Continuing education obligations are proposed in order to renew the mechanics license.

The proposed rules also establish administrative forfeiture schedule for individuals who violate the credentialing provisions of the law or the rules.

Comparison with federal regulations

An internet search on U.S. federal regulations and U.S. federal register yielded no results regarding the licensing of thermal insulators.

Comparison with rules in adjacent states

An Internet-based search of thermal insulation mechanic licenses in the states of Illinois, Iowa, Michigan and Minnesota found that none of the states have specific rules or programs regarding these types of licenses.

Summary of factual data and analytical methodologies

The proposed rules were developed by reviewing the provisions under 2009 Wisconsin Act 16 in conjunction with the current licensing rules relating to businesses under ch. Comm 5.

Analysis and supporting documents used to determine effect on small business