• The qualifications of the persons who will carry out the project.
• The financial capacity of the grant applicant to complete the project as proposed.
• The adequacy of the project plan and budget.
• Whether the grant proposal adequately identifies the nature of project expenses to be reimbursed under the proposed grant.
Grant contract
Under this proposed rule, DATCP must enter into a contract with a grant recipient before distributing any funds to that recipient. The contract must spell out grant terms and conditions, including performance requirements, reporting requirements, and payment terms.
Grant payments
Under this proposed rule, DATCP may distribute grant funds in one or more payments, based on documented progress toward completion of the grant project. DATCP may require a grant recipient to file progress reports and require grant recipients to submit expense documentation as necessary to support grant payments.
Small business affected
This proposed rule will have a positive impact on dairy processors. The “dairy processor" grant program is voluntary and thus imposes no cost on businesses. By providing $200,000 in grant funding annually to dairy processors, the “dairy processor" grant program will benefit dairy farms, other dairy businesses and communities that participate in production, distribution or marketing of dairy products. Grant recipients will benefit directly, while others will benefit indirectly from the creation of a stronger dairy industry. DATCP plans to use application procedures that will make the cost of applying insignificant and particularly make it possible for small businesses to apply for funding without hiring consulting services.
Reporting, bookkeeping, and other procedures
The proposed rule does not regulate any small businesses and thus there are no reporting, bookkeeping or other procedures in the proposed rule for small businesses.
Professional skills required
The proposed rule does not regulate any small businesses and thus there is no profession skill required for small businesses.
Accommodation for small business
Many of the businesses affected by this rule are “small businesses." DATCP plans to use application procedures that will make the cost of applying insignificant and particularly make it possible for small businesses to apply for funding without hiring consulting services.
Conclusion
This rule will benefit affected businesses, including “small businesses." This rule will not have any adverse effect on “small business".
DATCP Contact
Questions and comments related to this rule may be directed to:
Kathy Schmitt
Department of Agriculture, Trade and Consumer Protection
P.O. Box 8911
Madison, WI 53708-8911
Telephone: (608) 224-5048
E-Mail:
kathy.schmitt@wisconsin.gov.
ADMINISTRATIVE RULES
FISCAL ESTIMATE
AND ECONOMIC IMPACT ANALYSIS
|
Type of Estimate and Analysis
|
X Original ⍽ Updated ⍽ Corrected
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Administrative Rule Chapter, Title and Number
|
Ch. ATCP 161, Dairy Processor Grants
|
Subject
|
Dairy Processor Grants
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Fund Sources Affected
|
Chapter 20 , Stats. Appropriations Affected
|
X GPR
⍽ FED ⍽ PRO ⍽ PRS
⍽ SEG ⍽ SEG-S
|
20.115 (4) (dm)
|
Fiscal Effect of Implementing the Rule
|
⍽ No Fiscal Effect
⍽ Indeterminate
|
⍽ Increase Existing Revenues
⍽ Decrease Existing Revenues
|
X Increase Costs
X Could Absorb Within Agency's Budget
⍽ Decrease Costs
|
The Rule Will Impact the Following (Check All That Apply)
|
⍽ State's Economy
⍽ Local Government Units
|
X Specific Businesses/Sectors
⍽ Public Utility Rate Payers
|
Would Implementation and Compliance Costs Be Greater Than $20 million?
⍽ Yes
X No
|
Policy Problem Addressed by the Rule
|
This rule implements the “Wisconsin dairy processor" grant program created under s. 20.115 (4) (dm) and 93.40 (1) (g), Stats., by 2013 Wisconsin Act 20 (biennial budget act). Under s. 93.40 (1) (g), Stats., the Department of Agriculture, Trade and Consumer Protection (“DATCP") is authorized to award grants and loans to dairy producers for projects designed to promote the growth of the dairy industry. The budget act creates an annual appropriation of $200,000 for each year of the biennium in DATCP for grants to dairy processors. (See s. 20.115 (4) (dm), Stats.)
This rule does all of the following:
• Authorizes DATCP to make grant awards and distribute grant funds appropriated for the “ Wisconsin dairy processor" grant program.
• Specifies the procedures and criteria that DATCP will use to evaluate grant proposals, make grant awards and distribute grant payments.
• Specifies the purposes for which grant funds may be used, subject to the terms of the grant contract.
|
Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
|
The “Wisconsin dairy processor" grant program is voluntary and thus imposes no cost on businesses. By providing $200,000 in grant funding to dairy processors, the “grow Wisconsin dairy processor" grant program will benefit dairy farms, other dairy businesses and communities that participate in production, distribution or marketing of dairy products. Grant recipients will benefit directly, while others will benefit indirectly from the creation of a stronger dairy industry. DATCP plans to use application procedures that will make the cost of applying insignificant and particularly make it possible for small businesses to apply for funding without hiring consulting services.
This rule will have a fiscal impact on DATCP operations. Under this rule, DATCP must issue at least one request for grant proposals in each state fiscal biennium. DATCP staff must review grant applications, recommend grant awards, administer grants, and ensure compliance with applicable requirements. DATCP staff will also provide technical assistance to grant and loan applicants and recipients, as appropriate.
Program administration will occupy at least .5 FTE staff in DATCP's Division of Agricultural Development (this does not include legal, managerial, DATCP central accounting, or other indirect staff support). The cost for the .5 FTE staff will be $50,000 per year, including salary, fringe benefits and support costs (there will be a smaller proportionate cost for the remainder of the current fiscal year). DATCP will try to fill program staffing needs by shifting current staff from other agricultural development programs.
Local Governments
This rule will not impact local governments. Local governments will not have any implementation or compliance costs.
Utility Rate Payers
The rule will have no impact on utility rate payers.
General Public
This rule will have a positive effect on the agricultural sector of the economy and therefore on the state economy and in that way will produce positive results for the general public.
|
Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
|
Benefits
Dairy Processor grant recipients will benefit directly, while others will benefit indirectly from the creation of a stronger dairy industry.
General Public
The general public will benefit from this rule because the state will have a stronger dairy industry.
Alternatives
This rule does all of the following:
• Authorizes DATCP to make grant awards and distribute grant funds appropriated for the “Wisconsin dairy processor" grant program.
• Specifies the procedures and criteria that DATCP will use to evaluate grant proposals, make grant awards and distribute grant payments.
• Specifies the purposes for which grant funds may be used, subject to the terms of the grant contract.
The legislation that created the dairy processor grant program does not include criteria for grant determinations. To carry out legislative intent the only alternative is for DATCP to create those criteria by administrative rule.
|
Long Range Implications of Implementing the Rule
|
Long-term, implementing the rule will benefit dairy processors, the dairy industry and the general public.
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Compare With Approaches Being Used by Federal Government
|
There are currently no similar federal programs.
|
Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
|
The Minnesota Dairy Development and Profitability Enhancement program awards $200,000 annually in grants of up to $5,000 per dairy producer to cover half the cost of a comprehensive business plan to evaluate farm start-up, modernization and expansion.
In 2009-2010, 50 Minnesota producers were selected to share $1 million in grants aimed at boosting the state's livestock sector with projects that include renovation of milking facilities, barn upgrades, technology modernization, improved waste management systems and business transitions.
There are no similar programs in Illinois, Indiana, Iowa, or Michigan.
Comments Received in Response to Web Posting and DATCP Response
No comments were received in response either to the posting on the DATCP external website or the statewide administrative rules website.
|
Notice of Hearing
Children and Families
Early Care and Education, Chs.
201—252
NOTICE IS HEREBY GIVEN that pursuant to s.
48.658 (4), Stats., the Department of Children and Families proposes to hold a public hearing to consider proposed rules relating the child care vehicle safety alarm.
Hearing Date and Location
Date: Wednesday, April 23, 2014
Time: 11:00 a.m.
Location: GEF 1 Building, Room H206
201 E. Washington Avenue
Madison, WI
Interested persons are invited to appear at the hearing and will be afforded the opportunity to make an oral presentation of their positions. Persons making oral presentations are requested to submit their facts, views, and suggested rewording in writing.
If you have special needs or circumstances regarding communication or accessibility at a hearing, please call (608) 267-9403 at least 10 days prior to the hearing date. Accommodations such as ASL interpreters, English translators, or materials in audio format will be made available on request to the fullest extent possible.
Place Where Comments are to be Submitted and Deadline for Submission
A copy of the rules is available at
http://adminrules.wisconsin.gov. This site allows you to view documents associated with this rule's promulgation, register to receive email notification whenever the department posts new information about this rulemaking order, and submit comments and view comments by others during the public comment period. You may receive a paper copy of the rules or fiscal estimate by contacting:
Elaine Pridgen
Department of Children and Families
201 E. Washington Avenue
Madison, WI 53707
(608) 267-9403
Written comments on the rules received at the above address, email, or through the
http://adminrules.wisconsin.gov website no later than
April 24, 2014, will be given the same consideration as testimony presented at the hearing.
Analysis Prepared by the Department of Children and Families
Statutory authority
Statutes interpreted
Related statute or rule
None.
Explanation of agency authority
Section
48.658, Stats., as created by
2009 Wisconsin Act 19, provides that before a child care vehicle is placed in service, the child care provider or contractor of a child care provider that is the owner or lessee of the child care vehicle shall have an alarm system that prompts the driver of the vehicle to inspect the vehicle for children before exiting. A child care vehicle is defined as a vehicle that has a seating capacity of 6 or more passengers in addition to the driver, that is owned or leased by a child care provider or a contractor of a child care provider, and that is used to transport children to and from the child care provider.
Section
48.658 (4), Stats., provides that the department shall promulgate rules to implement the section. Those rules shall include a rule requiring the department, whenever it inspects a child care provider that is licensed under s.
48.65 (1), Stats., or established or contracted for under s.
120.13 (14), Stats., and [the department in a county having a population of 500,000 or more,] a county department[, or an agency with which the department contracts under s.
48.651 (2), Stats.], whenever it inspects a child care provider that is certified under s.
48.651, to inspect the child safety alarm of each child care vehicle to determine whether the child safety alarm is in good working order.
Summary of the proposed rules
The proposed rules amend the child care certification, family child care licensing, group child care licensing, and day camp licensing rules to incorporate the requirements on child care vehicle safety alarms in s.
48.658, Stats.
The proposed rules provide that a vehicle must be equipped with a child safety alarm that prompts the driver to inspect the vehicle for children before exiting the vehicle if the vehicle is owned or leased by a certified child care operator or licensee or a contractor of a child care operator or licensee, has a seating capacity of 6 or more passengers plus the driver, and is used to transport children in care.
No person may shut off a child safety alarm unless the person first inspects the vehicle to ensure that no child is left unattended in the vehicle. The child safety alarm shall be properly maintained and in good working order each time the vehicle is used for transporting children to or from a child care home, child care center, or base camp.
The child care licensing rules will be amended to require that the department inspect the child safety alarm of each vehicle to determine whether the child safety alarm is in good working order at least once per year. The child care certification rule will be amended to require a certification agency to inspect the child safety alarm as part of the on-site inspection of the premises done before initial certification, recertification, or within 30 days following a child care operator's move to a new location.
Summary of factual data and analytical methodologies
The proposed rules incorporate the requirements of s.
48.658, Stats.
Summary of related federal requirements
None.
Comparison to adjacent states
None of the adjacent states has a child care vehicle safety alarm requirement.
Effect on Small Business
The proposed rules will not affect small businesses as defined in s.
227.114 (1), Stats.
Analysis used to determine effect on small business or economic impact
The requirements in the rules that affect child care providers are also in statute.
Agency Contact Person
For licensed child care:
Anne Carmody
Bureau of Early Care Regulation
(608) 267-9761
For certified child care:
Jolene Ibeling
Bureau of Early Care Regulation
Text of Rule
SECTION 1. DCF 202.04 (7) (b) 2. d. is amended to read:
DCF 202.04 (7) (b) 2. d. Conduct an on–site inspection of the premises where child care will be provided, including areas that will not be used for child care, before initial certification, recertification, or within 30 days following a child care operator's move to a new location.
The inspection of the premises shall include an inspection of each vehicle that is required to have a child safety alarm under s. DCF 202.08 (9) (f) 1. or DCF 202.09 (12) (h) 1. to determine whether the child safety alarm is in good working order.
SECTION 2. DCF 202.08 (9) (f) is created to read:
DCF 202.08 (9) (f) 1. A vehicle is equipped with a child safety alarm that prompts the driver to inspect the vehicle for children before exiting if all of the following conditions apply:
a. The vehicle is owned or leased by a child care operator or a contractor of a child care operator.
b. The vehicle has a seating capacity of 6 or more passengers plus the driver. The seating capacity of the vehicle shall be determined by the manufacturer.
c. The vehicle is used to transport children in care.
2. No person may shut off a child safety alarm unless the person first inspects the vehicle to ensure that no child is left unattended in the vehicle.
