Scope Statements
Administration
Subject
The Department of Administration proposes to create a rule identifying the discretion the agency will use in the enforcement of any rules and guidelines against a small business.
Policy Analysis
None of the Department's current Wis. Adm. Code chapters relate to enforcements against small businesses as compared to other businesses. Section
895.59 (2), Wis. Stats., created in
2003 Wisconsin Act 145, effective July 1, 2004, requires each state agency to adopt a rule regarding the advance disclosure of any discretion the agency will use in the enforcement of rules and guidelines against a small business. The Department proposes to create a rule consistent with the requirements of s.
895.59, Wis. Stats.
Statutory Authority
Entities Affected by the Rule
Comparison with Federal Regulations
16 CFR, Part
1020 created by the Consumer Product Safety Commission to assure the Commission continues fair treatment of small businesses and to assure that small businesses do not bear a disproportionate share of any burden or cost created by a Commission regulatory, enforcement or other action. Section 1020.5 provides that, when appropriate, the Commission will waive or reduce civil penalties for violations of a statutory regulatory requirement by a small business and will consider a small business' ability to pay in determining a penalty assessment against the small business. In addition, the Commission may decline to waive civil penalties under certain circumstances such as for violations that pose a serious health or safety threat, willful or criminal conduct or whether the small business is subject to multiple enforcement actions or failure to make a good effort to correct violations within a reasonable time.
Estimate of Time Needed to Develop the Rule
The Department estimates that it will take approximately 40 hours to develop the proposed rule.
Administration
Subject
The creation of a new rule relating to plat review fees.
Objective of the Rule
The rules will replace ch.
Tax 53 with an administration rule that will cover all of the current costs of the services provided by the program under ss.
70.27 and
236.12, Wis. Stats. The new rule will allow the program to accept credit card and electronic payments for required fees.
Policy Analysis
The Plat Review program has been 100% program revenue supported since 1980. All reviews are conducted on a fee for service basis. The last fee increase for the Plat Review program was in 1997. Operating costs have out paced the revenue the program receives for the services they provide. Increases in staff salaries, fringe benefits, and supplies and services since 1997 warrant a fee increase. The Plat Review program was transferred from the Department of Revenue to the Department of Administration in 1997.
Many surveyors and developers submit their subdivision plats to the program electronically and would like to pay the required fee with a credit card or make an electronic payment. Adding these payment options to the rule would simplify payments and benefit the customers.
Policy Alternatives
If the department does not change ch.
Tax 53, the current fee structure will remain in effect. Significant cut-backs in service to customers, the public, other state agency programs, and local units of government will be necessary. With such cut-backs, state certified plats with saleable but not buildable lots could result.
Statutory Authority
The rule is promulgated under authority of s.
236.12 (7), Wis. Stats.
Entities Affected by the Rule
Developers and surveyors who divide land with a subdivision plat will be affected by this rule because they pay for the services the program provides.
Comparison with Federal Regulations
This rule is specific to the State of Wisconsin laws and is completely separate from, and unaffected by, federal regulations.
Estimate of Time Needed to Develop the Rule
Staff and management of the Division of Intergovernmental Relations are expected to spend approximately 40 hours over the course of the drafting and approval process. Department of Administration legal staff is expected to spend approximately 12 hours.
Agriculture, Trade and Consumer Protection
Subject
The rule affects ch.
ATCP 30, relating to atrazine pesticide applications.
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 related to atrazine obtained during the past year. Reorganize current rule to accommodate any new or expanded prohibition area (PA) and to make it easier to identify the Lower Wisconsin River Valley Atrazine PA. Renumber Appendix A in the current rule to simplify the numbering system.
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 PAs (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 PAs or take other appropriate regulatory action in response to any new groundwater findings.
Policy Alternatives
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.
Statutory Authority
Entities Affected by the Rule
Residents whose private wells are located in the proposed or expanded PA would be affected by the proposed rule. Atrazine users in a new or expanded PA would be affected by the proposed rule. Dealers, distributors and manufacturers of atrazine who service areas of proposed expanded PAs would be affected by a reduction in the sales of atrazine. Commercial application services would be required to know where all the atrazine PAs are located to avoid illegal applications. The proposed action is not expected to have a measurable effect on consumer food costs, specifically on corn-derived products.
Comparison with Federal Regulations
Pesticides and pesticide labels must be registered with the federal Environmental Protection Agency (“EPA"). Persons may not use pesticides in a manner inconsistent with the federal label. The current federal label for atrazine advises that atrazine should not be used on permeable soils with groundwater near the soil surface. Wisconsin has clearer, more definite restrictions on atrazine use, based on actual findings of groundwater contamination in this state.
EPA is proposing federal rules that would require states to create pesticide management plans for pesticides that have the potential to contaminate groundwater. Wisconsin's current regulatory scheme for atrazine pesticides would likely comply with the proposed federal rules.
Estimate of Time Needed to Develop the Rule
DATCP estimates that it will use approximately 0.5 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.
Employment Relations Commission
Subject
The rule affects ch.
ERC 10, relating to increasing filing fees.
Objective of the Rule
