Policy Alternatives
If DATCP does nothing, potentially infested wood or agricultural crops will be allowed to move freely and the department will not be able to regulate its movement. The department would have no regulatory authority in the counties with new exotic plant pest finds, raising the potential of a more rapid spread of an exotic injurious plant pest.
Statutory Alternatives
None at this time.
Staff Time Required
DATCP estimates that it will use approximately 0.1 FTE staff time to develop these rules. This includes time required for investigation and analysis, rule drafting, preparing related documents, holding public hearings, and communicating with affected persons and groups. DATCP will use existing staff to develop this rule.
Datcp Board Authorization
DATCP may not begin drafting a rule until the governor and the Board of Agriculture, Trade and Consumer Protection approves this scope statement. The Board may not approve this scope statement sooner than 10 days after this scope statement is published in the Wisconsin Administrative Register. The scope statement may not be published in the Administrative Register until DATCP has received written approval of the scope statement from the governor. Before the department may publish an emergency rule, it must receive written approval of the proposed emergency rule from the governor.
Children and Families
This statement of scope was approved by the governor on November 15, 2011.
Objective
To create Chapter
DCF 205, relating to a child care quality rating system.
Policy Analysis
The proposed rules will implement the department's child care quality rating system known as Youngstar. The rules will include the following topics:
•
The provider application process.
•
Participation requirements for providers.
•
The availability of training, technical assistance, and micro-grants to assist providers with improving the quality of their program.
•
The process used to evaluate providers and assign a rating.
•
The process for providers to appeal an assigned rating.
Statutory Authority
Section
48.659, Stats., provides that the department shall provide a child care quality rating system that rates the quality of the child care provided by a child care provider who is licensed under s.
48.65, Stats., and receives reimbursement under s.
49.155, Stats., for the child care provided or that volunteers for a rating.
Section
49.155 (6) (e) 1. and
3., Stats., as created by
2011 Wisconsin Act 32, provides that beginning on July 1, 2012, the department may modify a child care provider's reimbursement rate on the basis of the provider's quality rating, as described in the quality rating plan submitted by the department under
2009 Wisconsin Act 28, section
9108 (7f). Section 9108 (7f) (a) 1. provides that the plan shall include various options for the design of the rating system. All of those options shall require the department to include in the rating system child care providers certified under s.
48.651, Stats.
Section
227.11 (2) (a) (intro.), Stats., expressly confers rule-making authority on each agency to promulgate rules interpreting the provisions of any statute enforced or administered by the agency if the agency considers it necessary to effectuate the purpose of the statute.
Entities that may be Affected by the Rule
Child care providers.
Summary of Federal Requirements
None.
Staff Time Required
250 hours.
Contact Information
Laura Saterfield, Division of Early Care and Education
(608) 266-3443
Elaine Pridgen, Rules Coordinator
(608) 267-9403
Natural Resources
Fish, Game, etc., Chs.
NR 1—
(DNR # FR-24-11)
This statement of scope was approved by the governor on November 3, 2011.
Rule No.
DNR # FR-24-11: Revises Chapter
NR 1.
Subject
Creates new rule for regenerating harvested areas of Wisconsin DNR owned and managed lands.
Description of the Objective of the Rule
This rule would establish a mechanism that allows cooperating foresters and private contractors to assist the WDNR in regenerating harvested areas of state owned lands to meet the annual allowable timber harvest established under Wis. Stat. s.
28.025. This rule will create a funding mechanism for artificial and natural regeneration treatments conducted by cooperating foresters and private contractors directly related to timber sales specified in
2005 Act 166. Regeneration treatments include site preparation, tree planting, and invasive species control associated with forest regeneration.
Description of Existing Policies Relevant to the Rule and of New Policies Proposed to be Included in the Rule and an Analysis of Policy Alternatives
2005 Act 166 promulgated the process to provide an inventory of all forested public lands, identify the forest resources available for management, develop annual allowable harvest levels, and undertake such management within 90% and 110% of those levels. Act 166 further provided a mechanism, through the use of cooperating foresters, to assist the department in establishing timber sales (Wis. Stat. s.
28.05 (3)). What was not provided with these previous provisions was a mechanism and funding source to implement harvest regeneration treatments in managed areas. Regenerating forest lands is a critical component of sustainable forest management, and the department has a commitment and responsibility to ensure state owned forest lands are regenerated. Funds are needed to ensure harvested areas will continue to produce re-occurring forest products and other public benefits within state and certification guidelines.
This rule will include provisions authorizing the department to contract with cooperating foresters and private contractors to conduct artificial and natural forest regeneration activities including site preparation, tree planting, and invasive species control associated with forest regeneration. The rule shall authorize cooperating foresters and private contractors with whom the department contracts under this paragraph to receive a portion of the proceeds from timber harvests on state lands.
In the absence of the new rule the department would rely on gifts, grants, and limited existing regeneration funds to implement regeneration activities on state owned lands. In the event that these funding sources would fall short of regeneration needs, the ability to achieve future desired conditions on state lands will continue to be hampered. In addition, land managers may be apprehensive to manage more complex ecosystems where a quick response of regeneration is required. The new rule will provide assurance that funding will be available to implement forest regeneration activities after harvesting has occurred.
Statutory Authority for the Rule
2011 Act 32, Section
913e., Wis. Stat. s.
28.05 (3) (am), directs the department to, by rule, establish a program that allows cooperating foresters and private contactors to assist the state in regenerating harvested areas of state lands to meet the annual allowable timber harvest established under Wis. Stat. s.
28.025.
Estimate of the Amount of Time that State Employees will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
The department estimates that approximately 170 hours of existing staff time will be needed to develop this new rule. No other additional resources will be needed to develop the rule.
Description of all Entities that may be Affected by the Rule
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Cooperating foresters and private contractors that perform regeneration services
•
Forest nurseries that grow seedlings for regeneration
•
Companies that sell pesticides used in site preparation, invasive plant control, and tree planting work
•
Companies that manufacture or sell equipment used in regeneration services (e.g. sprayers, tree planting equipment, etc.)
•
The forest products industry through continued maintenance of managed forests
Summary and Preliminary Comparison With any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
The Federal Government provides a similar mechanism on federal lands. The USDA Forest Service utilizes the KV (Knutson-Vandenberg) – BD (Brush Disposal) accounts, which are deductions from timber sales to fund forest regeneration and reduce fire hazard. The USDI Bureau of Indian Affairs utilizes FMD (Forest Management Deductions) under 25. CFR §
163.25 for a similar purpose and method.
Economic Impact
Level 3 – Little to no economic impact expected. A positive economic impact may occur for businesses that provide regeneration services.
Agency Contact Person
Teague Prichard
Bureau of Forest Management
Wisconsin Department of Natural Resources
101 S. Webster Street
P.O. Box 7921
Madison, WI 53707-7921
(608) 264-8883
Natural Resources
Fish, Game, etc., Chs.
NR 1—
(DNR # ER-27-11)
This statement of scope was approved by the governor on November 14, 2011.
Rule No.
Relating to
Revision of Chapter
NR 27, Wis. Adm. Code, pertaining to the Wisconsin Endangered/Threatened Species list.
Description of the Objective of the Rule
The department is requesting authorization to revise Chapter
NR 27, Wis. Adm. Code, pertaining to the Wisconsin Endangered/Threatened (E/T) species list. Since the first list of Wisconsin E/T species was developed in 1972, the list has been revised 10 times. The major list revisions, where greater than 5 species were removed or added, took place in 1978-1979, 1985, 1989, and 1997. While the last major list revision was in 1997, the list has been occasionally revised for individual species: Gray Wolf (delisted in 2004), Bald Eagle (delisted in 2007), Osprey (delisted in 2009), Trumpeter Swan (delisted in 2009), and 4 cave bat species (listed in 2011).
In 2006, the Bureau of Endangered Resources (BER) drafted and the BER Policy Team approved program guidance that lays out the process for reviewing and making recommendations to revise the E/T list. The guidance document recommends conducting a list-wide review at least every 5 years and earlier as needed, based on changes in species population condition. Changes in population condition of species typically occur more frequently than the E/T list is revised, and are reflected in the Natural Heritage Inventory (NHI) Working List and NHI system of global and state rarity ranks. Global and state rarity ranks are assigned to every species following standardized methodology developed by NatureServe, an non-governmental umbrella organization for NHI and similar programs throughout the U.S., Canada, and Latin America. The NHI system of global and state rarity ranks is the primary trigger for initiating a status assessment of a species, which inform the E/T list revision process.
Between January 2010 and August 2011, BER initiated and completed a review of Wisconsin's rare species using the 2006 E/T list revision document as guidance. The review resulted in over 1000 state rarity rank changes and a list of recommended revisions to the E/T species list. Biologists from a variety of state and national agencies, organizations, and universities, as well as naturalists throughout the state with taxonomic expertise provided new or updated information on the population condition and distribution of rare species in the state.
