Scope statements
Agriculture, Trade and Consumer Protection
Subject
Pesticide Product Restrictions; Atrazine Pesticides.
Objective of the rule. Regulate the use of atrazine pesticides to protect groundwater and assure compliance with Wisconsin's Groundwater Law. Update current rule to reflect groundwater-sampling results obtained during the past year. Renumber and reorganize the current rule, as necessary.
Policy analysis
DATCP must regulate the use of pesticides to assure compliance with groundwater standards under ch.
160, Stats. Groundwater standards are established by the Department of Natural Resources under ch.
NR 140, Wis. Adm. Code. DNR has established a groundwater enforcement standard of 3
mg/liter for atrazine and its chlorinated metabolites.
DATCP must prohibit atrazine uses that result in groundwater contamination levels that exceed the DNR enforcement standard under s.
160.25, Stats. DATCP must prohibit atrazine use in the area where groundwater contamination has occurred unless DATCP determines to a reasonable certainty, based on the greater weight of credible evidence, that alternative measures will achieve compliance with the DNR enforcement standard.
Currently, under ch.
ATCP 30, Wis. Adm. Code, the use of atrazine is prohibited in 102 designated areas (approximately 1,200,000 acres), including large portions of the Lower Wisconsin River Valley, Dane County and Columbia County. The current rules also restrict atrazine use rates and handling practices, including the timing of applications on a statewide basis. The statewide restrictions are designed to minimize the potential for groundwater contamination, as required under s.
160.25, Stats.
Over the next year, DATCP may identify additional wells containing atrazine and its chlorinated metabolites at and above the current DNR enforcement standard. In order to comply with ch.
160, Stats., DATCP must take further action to prohibit or regulate atrazine use in the areas where these wells are located. DATCP proposes to amend ch.
ATCP 30, Wis. Adm. Code to add or remove prohibition areas or take other appropriate regulatory action in response to any new groundwater findings.
Policy alternative
No Change. If DATCP takes no action, current rules will remain in effect. However, DATCP would take no new regulatory action in response to new groundwater findings obtained this year. This would not adequately protect groundwater in the newly discovered contaminated areas, nor would it meet DATCP's statutory obligations. Conversely, DATCP would be unable to repeal the current restrictions on atrazine use where indicated by groundwater findings.
Comparison to federal regulations
The department cannot find a similar proposed or final federal regulations on this subject.
Statutory authority
Staff time required
DATCP estimates that it will use approximately 0.6 FTE staff to develop this rule. This includes investigation, drafting, preparing related documents, coordinating advisory committee meetings, holding public hearings and communicating with affected persons and groups. DATCP will use existing staff to develop this rule.
Health and Family Services
Subject
The Department proposes to revise sections
HFS 105.01 and
105.06, relating to certification of dental hygienists under the Medical Assistance program.
Policy analysis
Pursuant to the authority provided under s.
49.45 (10), Stats., to promulgate rules to administer the Medical Assistance program, the Department intends to revise ss.
HFS 105.01 and
105.06 to allow dental hygienists to be individually certified as Medical Assistance providers so that they may serve Medical Assistance recipients in settings where no dentist is present to supervise their work.
These settings are:
1. Dental hygienists employed by a school board or a governing body of a private school.
2. Schools for the education of dentists or dental hygienists.
3. Local health departments.
The department may include additional education requirements that go beyond the licensing requirements of ss.
447.03 (2) and
447.04 (2), Stats.
Statutory authority
Staff time required
The Department estimates that it will take approximately 30 hours of staff time to develop the proposed rules.
Entities affected
Business entities affected will include dentists, dental offices, Federally Qualified Health Centers (FQHCs) to the extent they have a dental operation, HealthCheck nursing agencies, and the Department's HMO partners in Southeastern Wisconsin (Milwaukee, Kenosha, Racine, and Waukesha Counties).
Comparison to federal regulations
42 CFR § 440 addresses Medical Assistance, including required and optional services provided under State Plans.
Regulation and Licensing
Subject
Objective of the rule. The objective of the rule is to create chapter RL -- in response to
2003 Wisconsin Act 145. This Act directs each agency to develop rules to disclose in advance the discretion that the agency will follow in the enforcement of rules and guidelines against a small business.
Policy analysis
a) Existing policies. The Department currently does not have any specific rules relating to enforcement against small businesses as compared to other businesses.
b) New policies. This is a new policy initiative.
c) Policy alternatives. The alternative of not creating this code chapter would result in not complying with the directive in
2003 Wisconsin Act 145.
Statutory authority
Staff time required
The Department estimates that it will take approximately 150 hours to develop this rule. This time includes drafting the rule and processing the rule through public hearings, legislative review and adoption. The Department will assign existing staff to develop the rule. There are no other resources necessary to develop the rule.
Comparison to federal regulations
There are no existing or proposed federal regulations that address or impact the activities to be regulated by this rule.
Revenue
Subject
Notice is hereby given, pursuant to s.
227.135, Wis. Stats., that the Department of Revenue plans to promulgate rules related to the administration of the 2005 use value assessment for agricultural land.
Objective of the rule. To ensure positive and stable 2005 assessments for agricultural land.
Policy analysis
Pursuant to s.
70.32 (2r) (c), agricultural land is assessed according to the income that could be generated from its rental for agricultural use. Wisconsin Chapter
Tax 18 specifies the formula that is used to estimate the net rental income per acre. The formula estimates the net income per acre of land in corn production based on a 5-year average corn price per bushel, cost of corn production per bushel and corn yield per acre. The net income is divided by a capitalization rate that is based on a 5-year average interest rate for a medium-sized, 1-year adjustable rate mortgage and net tax rate for the property tax levy two years prior to the assessment year.
For reasons of data availability, there is a three-year lag in determining the 5-year average. Thus, the 2003 use value is based on the 5-year average corn price, cost and yield for the 1996-2000 period, and the capitalization rate is based on the 5-year average interest rate for the 1998-2002 period. The 2005 use value is to be based on the 5-year average corn price, cost and yield for the 1998-2002 period, and the capitalization rate is to be based on the 2000-2004 period.
The data for the 1998-2002 period yields negative net income per acre due to declining corn prices and increasing costs of corn production. As a result, reliance on data for the 1998-2002 period will result in negative use values. The department has promulgated an emergency rule that would hold the 2005 use values at 2003 levels. The emergency rule will be published on December 29, 2004 and will further remain in effect for 150 days after publication when a permanent rule should be in place. The department intends to promulgate a permanent rule to the same effect.
