Scope Statements
Agriculture, Trade and Consumer Protection
Subject
Revises Chapter
ATCP 21, relating to certification of firewood dealers (Pest Control).
Objective of the Rule
This rule will do the following:
•
Update and clarify the voluntary DATCP certification program for firewood dealers. Certification allows dealers to supply firewood to Wisconsin state parks. Department of Natural Resources (DNR) rules under ch.
NR 45.045, Wis. Admin. Code prohibit firewood from entering state parks from more than 25 miles away, unless the firewood comes from a DATCP-certified source.
•
Restrict the movement of untreated firewood into and within Wisconsin.
•
Limit the risk of the human-caused spread of Emerald Ash Borer (EAB) Agrilus planipennis and other plant pests that are carried on firewood.
Policy Analysis
DATCP administers laws related to the control of plant pests. DATCP has authority under s.
93.06 (1p), Stats. to provide inspection and testing services related to all DATCP programs. DATCP has authority under s.
93.07 (12), Stats. to conduct surveys and inspections for the detection and control of pests injurious to plants, and to make, modify, and enforce reasonable rules needed to prevent the dissemination of pests. DATCP also has plant inspection and pest control authority under s.
94.01, Stats. DATCP may by rule impose restrictions on the importation or movement of serious plant pests, or items that may spread serious plant pests.
EAB is a very serious plant pest risk that has destroyed large numbers of ash trees in neighboring Midwestern states. EAB is an exotic pest that endangers Wisconsin's 770 million ash trees and ash tree resources. This insect has the potential to destroy entire stands of ash, including up to 20% of Wisconsin's urban street trees and residential landscaping trees, and can result in substantial losses to forest ecosystems. The insect can cause great harm to state lands, and to the state's tourism and timber industries. Currently, EAB has been identified in 13 states, including Wisconsin, and two Canadian provinces. Eleven Wisconsin counties have been quarantined to restrict the movement of untreated wood in order to prevent the spread of EAB. Human movement of infested firewood is the primary means of spread of EAB and other plant pests. Firewood can be processed or treated to mitigate the spread of pests.
DNR rule chapter NR 45.045, Wis. Adm. Code prohibits imports of firewood to a Wisconsin state park from any location outside this state and from any location within the state that is more than 25 miles from the state park, except from sources approved by DATCP.
This rule will update DATCP's existing voluntary certification program for firewood dealers that allows certified dealers to continue supplying firewood into Wisconsin state parks. Certified dealers must implement control measures to ensure that firewood is free of pests. This rule will modify certification criteria, including required pest control measures. Certification will continue to be voluntary, but is required for those dealers who wish to supply firewood from out-of-state or from any location in the state that is more than 25 miles away from the firewood source into Wisconsin state parks. This rule also will be updated to restrict untreated firewood movement into and within Wisconsin.
Policy Alternatives
If DATCP does nothing, the existing rule will remain in place and the department will not be certifying firewood as safely or effectively as possible. In addition, Wisconsin and out-of-state firewood dealers will continue to be able to sell untreated firewood throughout Wisconsin, raising the potential of the more rapid spread of EAB and other plant pests.
There are no statutory alternatives at this time.
Statutory Authority
Comparison with Federal Regulations
In order to limit the spread of EAB, the Animal and Plant Health Inspection Service of the United States Department of Agriculture (USDA-APHIS) has imposed quarantines on the movement of ash wood from Illinois, Indiana, Kentucky, Ohio, Pennsylvania, Maryland, Michigan, Minnesota, Missouri, New York, Virginia, West Virginia, and Wisconsin, as well as Ontario and Quebec . DATCP rules currently prohibit imports from any federally quarantined area, except under authorized conditions. This proposed rule is consistent with current state and federal rules.
Entities Affected by the Rule
The certification program under this rule would be entirely voluntary. This revised rule will benefit some firewood dealers who would otherwise be prohibited from supplying firewood to Wisconsin state parks. It may also benefit those out-of-state and Wisconsin firewood dealers who wish to sell firewood in Wisconsin to areas other than state parks.
Estimate of Time Needed to Develop the Rule
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, coordinating advisory committee meetings, holding public hearings, and communicating with affected persons and groups. DATCP will use existing staff to develop this rule.
DATCP may not begin drafting this rule until 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. If the Board takes no action on the scope statement within 30 days after the scope statement is presented to the board, the scope statement is considered approved. Before the department holds public hearings on this rule, the Board must approve the hearing draft. The Board must also approve the final draft rule before the department adopts the permanent rule.
Commerce
Financial Resources for Businesses and Communities, Chs.
Comm 100—
Subject
Creates Chapter
Comm 140, relating to loans to manufacturing businesses.
Objective of the Rules
The rules to be proposed would implement the provisions of
2009 Wisconsin Act 332 that relate to loans to manufacturing businesses for energy improvements, clean energy operations, and corresponding employment or retooling.
Policy Analysis
The Department has rules for several other programs associated with economic and business development, but those rules and programs are not targeted specifically to loans to manufacturing businesses for energy improvements, clean energy operations, and corresponding employment or retooling.
The rules are expected to address (1) eligibility criteria for loans to manufacturing businesses for energy improvements, clean energy operations, and corresponding employment or retooling; (2) the documentation that must be submitted by applicants; (3) the Department's response to the submitted documentation; and (4) the reporting and other requirements subsequent to receiving a loan.
Policy Alternative
The alternative of not promulgating these rules would conflict with the directive in section
560.128 (2) of the Statutes, as created in
2009 Wisconsin Act 332, that requires this promulgation.
Statutory Authority
Comparison with Federal Regulations
A search for “renewable energy revolving loan program" and “energy efficiency revolving loan program" in the federal
Code of Regulations indicates no
direct loan program or revolving loan program regulations for clean energy manufacturing at the federal level. However, the US Department of Energy under
10 CFR 609 may issue loan guarantees for eligible projects, including to manufacturers, that “avoid, reduce, or sequester air pollutants or anthropogenic emissions of greenhouse gases" and “employ new or significantly improved technologies as compared to technologies in service in the United States at the time the guarantee is issued." Also, the US Department of Agriculture administers the Rural Energy for America Program (
7 CFR 5001.104), which provides guaranteed loans to agricultural producers or rural small business “for the purchase, installation, expansion and/or other energy-related improvement of a renewable energy system or to make energy efficiency improvements."
A search for “renewable energy revolving loan program" and “energy efficiency revolving loan program" in the Federal Register for 2009 and 2010 did not identify any proposed federal regulation that addresses clean energy manufacturing revolving loan programs.
Entities Affected by the Rule
The rules may affect manufacturing businesses that choose to apply for loans for energy improvements, clean energy operations, and corresponding employment or retooling.
Estimate of Time Needed to Develop the Rule
The staff time needed to develop the rules is expected to range from 80 to 120 hours, depending upon the associated complexity. This includes research, rule drafting, and processing the rules through public hearings, legislative review, and adoption. There are no other resources necessary to promulgate the rules.
Corrections
Subject
Repeals and recreates Chapter
DOC 309, relating to resources for inmates.
Objectives of the Rules
•
Eliminate outdated provisions;
•
Clarify language;
•
Update citations to statutes for accuracy;
•
Amend the rule to reflect changes in the law and correctional practices and operations, relating resources provided to inmates while incarcerated; and
•
Renumber and reorganize the rule chapter.
Policy Analysis
The department is responsible for the care and custody of persons convicted and sentenced to state prison. As part of that responsibility, the department provides inmates with access to a number of resources, including mail, news media, publications, visitation, special events, access to the courts, personal property, food, personal hygiene, leisure time activities, telephone calls, clothing, canteen, inmate account funds, inmate compensation, and religious practice.
