Scope Statements
Agriculture, Trade and Consumer Protection
Subject
Revises Chapter
ATCP 53, relating to Farmland Preservation Program – Agricultural Enterprise Area (AEA) Designation.
Objective of the Rule
This rule will designate Agricultural Enterprise Areas (AEAs) under s.
91.84, Wis. Stats.
An AEA is a contiguous land area, devoted primarily to agricultural use, which is locally targeted for agricultural preservation and agricultural development. DATCP may designate AEAs based on local petitions.
The designation of an AEA does not, by itself, control or restrict land use. However, farmers within a designated AEA are eligible to enter into voluntary farmland preservation agreements with DATCP under s.
91.69, Stats. Under a farmland preservation agreement, the farmer may claim income tax credits under s.
71.613, Stats., in return for keeping land in agricultural use. Under current law,
only farmers located within an AEA are eligible to enter into farmland preservation agreements with DATCP.
Policy Analysis
AEAs are designed to preserve agricultural land and promote agricultural development, including agriculture-
related business, investment and innovation. An AEA may be part of a broader local strategy to promote agriculture and related development.
The land area comprising an AEA must be located within a farmland preservation area designated in the county's certified farmland preservation plan. An AEA may include non-agricultural as well as agricultural land, but must be primarily devoted to agricultural use.
DATCP may designate an AEA based on a local petition. The petition must be signed by at least 5 farm owners within the AEA (other interested persons, including other farmers, businesses and community groups, may also sign the petition as cooperators). A resolution in support of the AEA petition must be passed by every affected county, town and municipality. Other farms may be included within the AEA, and the owners of those farms may enter into farmland preservation agreements with DATCP, regardless of whether the farm owners signed the original petition to create the AEA.
A petition must comply with s.
91.86, Stats., and must show that the proposed AEA complies with applicable requirements under s.
91.84, Stats. This rule will designate AEAs selected by DATCP based on competing local petitions. DATCP will designate AEAs in consultation with a panel that includes independent reviewers. DATCP may choose among competing petitions, and may reject petitions as it deems appropriate.
Policy Alternatives
The AEA program is a key part of the Working Lands Initiative enacted in
2009 Wis. Act 28. If DATCP takes no action to implement the AEA program, the full benefits of the Working Lands Initiative will not be realized. The Working Lands initiative is designed to preserve farmland, promote agricultural and related development, encourage sound land use planning, minimize land use conflicts, promote soil and water conservation, encourage agricultural investment, and help farms stay economically viable.
Under current law, only farmers in designated AEAs may enter into farmland preservation agreements with DATCP and obtain tax credits under those agreements. If DATCP fails to designate AEAs by rule, as contemplated by current law, farmers will be deprived of that opportunity. Local governments and agriculture-related businesses will also be deprived of a significant land use and business development tool.
Statutory Alternatives
None at this time.
Statutory Authority
Comparison with Federal Regulations
None.
Entities Affected by the Rule
Farmers and Other Landowners
This rule will benefit farmers and landowners in the designated AEA's. The designation of an AEA does not, by itself, control or restrict land use. However, an owner of farmland in an AEA may enter into a voluntary farmland preservation agreement with DATCP. Under a farmland preservation agreement, the landowner may claim income tax credits under s.
71.613, Stats., in return for keeping land in agricultural use and implementing soil and water conservation practices. An agreement remains in effect for 15 years, and applies only to the land covered by the agreement.
Designation of an AEA may be part of a broader local strategy to protect farmland and promote agricultural development. Designation may foster agricultural investment, and promote collaborative working relationships among landowners, agriculture-related businesses and local governments. It may also promote a more secure and attractive climate for agricultural continuity and agriculture-related investment. Farmland preservation and conservation practices may also benefit other landowners.
Counties, Towns and Municipalities
This rule will benefit counties, towns and municipalities in which AEAs are designated. DATCP will only designate AEAs in counties, towns and municipalities that affirmatively support the AEA designation (as indicated by the resolutions passed in support of the AEA designation).
An AEA designation may be part of a broader local strategy to protect farmland and promote agricultural and related development. County and local governments can use the AEA designation to support local farmland preservation and development plans. County and local governments may adopt zoning ordinances, offer economic development incentives, and take other local actions to supplement the AEA and foster agricultural preservation and development.
Agriculture-Related Business
This rule may benefit a wide range of agriculture-related businesses. This rule may benefit businesses, such as food processing and farm supply businesses, which may be located in or attracted to a designated AEA. By protecting and promoting agriculture, this rule may also benefit a wide range of agricultural service providers, regardless of whether those providers maintain facilities in the AEA. For example, this rule may benefit farm supply organizations, nutrient management planners, soil testing laboratories, agricultural engineers, construction contractors, food processors, testing laboratories, and agri-tourism interests.
Estimate of Time Needed to Develop the Rule
DATCP estimates that it will use the equivalent of 0.5 FTE staff to develop this rule. This anticipates 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 this rule until the Board of Agriculture, Trade and Consumer Protection (Board) 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 DATCP 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 rule.
Regulation and Licensing —
Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors
Subject
This scope statement creates the promulgation of administrative rules by the Landscape Architects Section pursuant to
2009 Wisconsin Act 123. Specifically, this scope statement addresses the amended requirements to practice landscape architecture.
Objective of the Rule
2009 Wisconsin Act 123 amends and creates provisions within chapter 443 of the Wisconsin Statutes. A person may not offer to practice landscape architecture unless they are duly registered or have a permit under Wis. Stat. sec. 443.10(1)(d).There is an amended provision which clarifies change of name by persons who practice landscape architecture. Also of significant change is the new provision which states that a person may not call themselves a landscape architect unless they have duly registered or have in effect a permit under Wis. Stat. sec. 443.10(1)(d). The promulgation of administrative rules pursuant to the changes that have been established in
2009 Wisconsin Act 123 will be necessary to implement better practice standards for registration as a landscape architect.
Statutory Authority
Comparison with Federal Regulations
There is no existing or proposed federal regulation that is intended to address the activities to be regulated by this rule.
Entities Affected by the Rule
Unlicensed persons who have held themselves out as landscape architects and have engaged in the practice of landscape architecture prior to the passage of
2009 Wisconsin Act 123.
Estimate of Time Needed to Develop the Rule
Total hours: 100. This estimate is based on the time spent by staff and possibly an advisory committee to prepare documents, coordinate public hearings, prepare fiscal estimates and conduct other work related to the promulgation of the administrative rules for this profession.
Veterans Affairs
Subject
The Board has identified a need to create uniform rate setting procedures in relation to the skilled nursing and assisted living facilities currently operated by the department in King and Union Grove and prospectively operated by the department in Chippewa Falls. The Board seeks to identify all facts and assumptions necessary to determine “the estimated costs of care" and to provide a uniform formula for calculating “Charges for actual care and maintenance" on a prospective basis. The proposed creation and amending of administrative code within CH VA 6 has been identified as necessary to accomplish these requirements.
Objective of the Rule
The Board is seeking to define the terms and assumptions associated with “the estimated costs of care" and develop an appropriate process (formula) which may be used in determining the applicable “charges for actual care and maintenance" for the facilities.
Description of policy issues
The current rule [CH VA 6.01(16)] directs the department to determine the charge for care and maintenance of its members in the following manner: “(16) CHARGES FOR CARE AND MAINTENANCE. Charges for care and maintenance shall be computed every January for the various categories of care provided by the home. The computations shall be based upon the estimated costs of care to be incurred by the home for the succeeding annual period. The department may update charges in July to reflect changes in costs during the year. Charges shall be made for actual care and maintenance provided to a member." The rule does not specify a specific set of definitions and assumptions be used in calculating “the estimated costs of care", nor is the model for calculating such costs specified. The department had determined and the Legislative Audit Bureau confirmed that disparities in the determination of such costs had occurred within the same facility (Wisconsin Veterans Home-Union Grove) and between both Homes. The Board and Legislative Audit Bureau had directed the department to review the basis of determining the “the estimated costs of care" and develop definitions and a process that would be viable for use at both existing facilities and the planned facility at Chippewa Falls.
Policy Analysis
Under current administrative rules, the department is charged with calculating the “charges for care and maintenance" based on the “0estimated costs of care to be incurred by the home for the succeeding annual period." The term “estimated costs of care" is not defined in statute or code and the two existing homes have not uniformly used the same estimated costs or underlying assumptions in the calculation of these charges. In addition, the remainder of CH VA 6 currently compels the department to provide the following: “CH VA 6.01 (11) CLOTHING AND COMFORT ITEMS. Clothing, toiletries, and necessary aids to good grooming, including barber and beautician services, shall be furnished to members as their needs may require." The items required under this administrative code provision are not required to be provided under either state or federal law. Likewise, the provisions of CH VA 6.01 (12) require the following: “MEDICAL AND NURSING CARE. Medical and nursing care, including physician's services, nursing care, hospitalization, medications, special diets, dental care including dental prosthesis, eye glasses, braces, hearing aid batteries and repairs, and ancillary medical care services will be furnished members as their needs may require." Disparities on the charges for some of these services have been noted, by both the Board and the Legislative Audit Bureau, between the current Homes operated by the department. Identifying the appropriate “estimated costs of care" and the process for calculating that estimate has not been consistently applied within the department's Union Grove facility and between the two facilities (Union Grove and King) operated by the department.
The Board has directed the creation of specific definitions for the appropriate costs to be included in the term “estimated costs of care". A process for the calculation of “the estimated costs of care", including the permissible underlying assumptions, has also been directed by the Board.
