Summary of factual data and analytical methodologies
Data for this analysis was obtained from DATCP nursery license records, local business directories and field surveys of the wood products industry (
e.g. timber, lumber, firewood) in the area. This analysis was based on the regulatory language of s.
ATCP 21.10 and
7 CFR 301.45, on the observations of DATCP nursery inspectors, and on conversations with stakeholders in the nursery and other timber-related industries.
Analysis and supporting documents used to determine effect on small business
DATCP searched its nursery license database to obtain current records for licensed nursery growers and dealers operating in Iowa County. Based on previous and ongoing work with Wisconsin's gypsy moth and firewood certification programs, DATCP staff also identified known sawmills, loggers, wood products companies and firewood industry concerns. Finally, online Yellow Pages business listings were also searched to find related tree nursery, timber, firewood and tree service companies.
Business Impact
This emergency rule may have an impact on persons or companies that deal in any nursery stock, hardwood firewood or timber materials in Iowa County. The affected businesses are all small businesses. This emergency rule restricts the sale or distribution of nursery trees, Christmas trees, timber, and raw wood products plus any hardwood firewood from Iowa County to locations outside of this county or any contiguously quarantined counties, and to neighboring states.
The business impact of this emergency rule depends on the number of 1) nurseries that sell/distribute nursery stock or Christmas trees outside these counties, 2) firewood producers/dealers that sell/distribute outside these counties, 3) loggers and sawmills that move untreated timber or raw wood products outside these counties, and 4) untreated wood waste (e.g. brush, chips or mulch) that is moved outside these counties.
Iowa County has a total of 14 licensed nursery growers and dealers that could possibly transport nursery stock. Those growers will not be able to move or sell nursery stock outside of the quarantine area without a compliance agreement with DATCP or U.S. Department of Agriculture – Animal and Plant Health Inspection Service (“APHIS") that authorizes movement of nursery stock outside of the quarantine only when there is assurance that the movement will not spread GM to non-quarantined locations.
There are also an estimated eight known firewood dealers in Iowa County. Firewood dealers would need to be certified under s.
ATCP 21.20 to sell or move firewood outside of the contiguous quarantine area. To obtain certification, a firewood dealer pays a $50 annual certification fee to DATCP and treats the firewood in a manner that ensures it is free of regulated insect pests.
There are an estimated 15 lumber mills in Iowa County and an estimated 12 other tree service/wood processing facilities that may also deal with woody material. These businesses also will have to enter into a compliance agreement to transport logs, timber or raw wood products outside of the quarantine area.
Businesses with compliance agreements can self-inspect regulated articles moved from quarantine areas. State or Federal officials will provide inspection and certification services to businesses without compliance agreements at no additional cost. Certification and compliance agreements will require some additional recordkeeping on the part of those businesses.
Environmental Impact
This emergency rule will not have a significant negative impact on the environment. By reducing the spread of gypsy moth, this emergency rule is expected to have a net positive impact on Wisconsin's forested environments and treescapes.
Federal and Surrounding State Programs
Federal programs
Under the federal Plant Protection Act, APHIS has responsibility for excluding, eradicating and controlling serious plant pests, including GM. APHIS has instituted statewide quarantines on the movement of all regulated materials for Connecticut, Delaware, Maryland, Massachusetts, Michigan, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island and Vermont in addition to portions of Illinois, Indiana, Maine, Ohio, Virginia, and West Virginia. APHIS has also enacted quarantines for Adams, Ashland, Bayfield, Brown, Calumet, Clark, Columbia, Dane, Dodge, Door, Florence, Fond du Lac, Forest, Green Lake, Iron, Jackson, Jefferson, Juneau, Kenosha, Kewaunee, Langlade, Lincoln, Manitowoc, Marathon, Marinette, Marquette, Menominee, Milwaukee, Monroe, Oconto, Oneida, Outagamie, Ozaukee, Portage, Price, Racine, Rock, Sauk, Shawano, Sheboygan, Vilas, Walworth, Washington, Waukesha, Waupaca, Waushara, Winnebago, and Wood Counties in Wisconsin. The quarantines include restrictions on the movement of firewood.
Surrounding state programs
Surrounding states where GM has been identified (Illinois, Indiana, and Michigan) have state and federal quarantines that prohibit the movement of regulated articles out of quarantined areas. A regulated article can only move out of quarantined areas after it is certified by USDA or state officials.
DATCP Contact
Questions and comments related to this rule may be directed to:
Brian Kuhn or Christopher Deegan
Department of Agriculture, Trade and Consumer Protection
P.O. Box 8911
Madison, WI 53708-8911
Telephone: (608) 224-4590 or (608) 224-4573
E-Mail:
Brian.Kuhn@wisconsin.gov or
Christopher.Deegan@wisconsin.gov
FISCAL ESTIMATE
DOA-2048 (R 10/94) X ORIGINAL
⍽ UPDATED
⍽ CORRECTED ⍽ SUPPLEMENTAL
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LRB or Bill No. / Adm. Rule No.
Ch. ATCP 21
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Amendment No. (If Applicable)
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Subject:
Emergency Rule for Quarantine of Iowa County for Gypsy Moth
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Fiscal Effect
State: X No State Fiscal Effect
Check below only if bill makes a direct appropriation or affects a sum sufficient appropriation.
⍽ Increase Existing Appropriation ⍽ Increase Existing Revenues
⍽ Decrease Existing Appropriation ⍽ Decrease Existing Revenues
⍽ Create New Appropriation
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⍽ Increase Costs –
May be possible to absorb within agency's budget? ⍽ Yes ⍽ No
⍽ Decrease Costs
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Local :
X No local government costs
1. ⍽ Increase Costs 3. ⍽ Increase Revenues
⍽ Permissive
⍽ Mandatory ⍽ Permissive ⍽ Mandatory
2. ⍽ Decrease Costs 4. ⍽ Decrease Revenues
⍽ Permissive ⍽ Mandatory ⍽ Permissive ⍽ Mandatory
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5. Types of Local Gov. Unit Affected:
⍽ Towns ⍽ Villages
⍽ Counties ⍽ Cities
⍽ Other: County Drainage Boards
⍽ School Districts
⍽ WTCS Districts
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Fund Source Affected:
⍽ GPR ⍽ FED
⍽ PRO ⍽ PRS
⍽ SEG ⍽ SEG-S
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Affected Ch. 20 Appropriations:
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Assumptions Used in Arriving at Fiscal Estimate
The Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) conducts annual trapping surveys for Lymantria dispar, the gypsy moth (GM). The 2013 survey in Iowa County showed that current and projected GM populations there have reached the threshold level to trigger implementation of further regulatory measures. This emergency rule creates a DATCP quarantine for Iowa County. A parallel federal quarantine will be enacted approximately six to eight weeks after a formal submission by the state plant regulatory official.
GM is a highly destructive insect pest of approximately 500 species of trees and shrubs. This insect has the potential to defoliate entire stands of oak, cherry, maple and other hardwoods, and any incursion of GM can result in substantial losses both to forest ecosystems and to urban trees, as well as to Wisconsin's vital tourism and timber industries. In the United States, GM has defoliated an estimated 30 million forest hectares since 1970, and has cost millions of dollars annually in losses to the timber and nursery industries and local municipalities.
DATCP has plant inspection and pest control authority under s. 94.01, Stats., to adopt rules establishing quarantines or other restrictions on the importation into or movement of plants or other materials within this state, if these measures are necessary to prevent or control the spread of injurious plant pests. A quarantine order may prohibit the movement of any pest, or any plant, pest host or pest-harboring material which may transmit or harbor a pest.
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The proposed rule will do the following:
•Create a quarantine for GM for Iowa County that prohibits the movement of all trees, woody shrubs, cut Christmas trees, logs, pulpwood, slabwood, firewood or wood chips out of Iowa County or any contiguous GM quarantined counties.
• Prohibit any common carrier from transporting any used outdoor household item out of Iowa County or any contiguous GM quarantined counties.
• Provide an exemption for articles that have been inspected and certified by a pest control official or trained inspector and are accompanied by a written certificate issued by that official or inspector.
• Provide an exemption for businesses that enter into a state or federal compliance agreement. The compliance agreement describes in detail what a company can and cannot do with regulated articles.
This rule will be administered by DATCP. DATCP will have additional workload related to enforcing the quarantine but it will be able to absorb the projected workload and costs within DATCP's current budget and with current staff. The presence of GM may produce additional workload for local governments in Iowa County, but the quarantine itself will not produce any local fiscal impact.
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Long - Range Fiscal Implications
DATCP has over two decades of experience in surveying and regulating GM infestations in Wisconsin. While potential GM population spikes may cause the agency to experience substantial one-time costs and personnel demands for providing regulatory oversight and working with affected industries, in general DATCP does not expect that future costs for regulation will differ significantly from current allocated budgets.
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Agency Prepared by (Name & Phone No.):
DATCP / Christopher Deegan
(608-224-4573)
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Authorized Signature:
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Date:
February 21, 2014
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Notice of Hearing
Children and Families
Early Care and Education, Chs.
201—252
NOTICE IS HEREBY GIVEN that pursuant to section
49.197 (2), Stats., the Department of Children and Families proposes to hold a public hearing to consider proposed permanent rules to revise Chapter
DCF 201, relating to the incentive program for local agencies that identify child care subsidy fraud committed by child care providers.
Hearing Date and Location
Date: Wednesday, May 7, 2014
Time: 2:00 p.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 proposed permanent rule 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 53703
(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
May 8, 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
Explanation of agency authority
Section 49.197 (2), Stats., as repealed and recreated by
2011 Wisconsin Act 32, provides that the department shall by rule establish an incentive program that, using moneys from the allocation under s.
49.175 (1) (p), Stats., rewards county departments, Wisconsin Works (W-2) agencies, and tribal governing bodies that administer the subsidy program for identifying fraud in the subsidy program.
The rule shall specify that a county department, W-2 agency, or tribal governing body shall receive, for identifying fraudulent activity under the subsidy program on the part of a child care provider, an amount equal to the average monthly subsidy payment per child during the prior fiscal year, multiplied by the number of children participating in the subsidy program for whom the provider provides care, multiplied by 1.5 months. A county department, W-2 agency, or tribal governing body may use payments received for any purpose for which moneys under the Temporary Assistance for Needy Families block grant program may be used under federal law.
No later than January 1, 2012, the department shall submit its plan for the incentive program to the Joint Committee on Finance for review by the committee. The department shall promulgate the rule for the incentive program in accordance with the plan as approved by the committee.
Summary of the proposed rule
The proposed rule provides that the department shall provide an incentive payment to a local agency for identifying fraud in the child care subsidy program on the part of a child care provider if all of the following apply:
• The local agency investigates the child care provider by conducting site visits, collecting and reviewing the provider's attendance and billing records, interviewing persons of interest, or gathering supporting case information.
• The local agency's investigation finds that the child care provider intentionally submitted false, misleading, or irregular information to the department or failed to comply with the terms of the child care subsidy program and failed to provide to the satisfaction of the agency or the department an explanation for the noncompliance.
• The local agency calculates and establishes the amount of the overpayment made to the provider as a result of the provider's actions.
• The local agency's actions result in the department, in conjunction with the local agency, withholding payments to be made to the child care provider.
• The withholding of payments is upheld in the final review under s.
DCF 201.07 or the provider does not request a review or appeal.
• If directed by the department, the local agency requests the district attorney to consider criminal prosecution of the child care provider.
The department shall determine the amount of an incentive payment earned by a local agency by multiplying the statewide average monthly subsidy payment per child in the preceding fiscal year by the average monthly number of children for whom payment was authorized to the provider in the 12 months before the local agency or the department refused to issue payments by 1.5 months. If payment was not authorized to the provider for all of the preceding 12 months, multiply by the average monthly number of children for whom payment was authorized to the provider for the number of months that payment was authorized will be used.
An incentive payment earned by a local agency for identifying fraud in the child care subsidy program by a single child care provider may not exceed $25,000. A local agency may earn more than one incentive payment per year if the local agency identifies fraud in the child care subsidy program by more than one child care provider.
A local agency that has earned an incentive payment may request that the department distribute the funds for any of the following:
•
The local agency's child care fraud contract with the department for the following year.
•
The local agency's current child care fraud contract with the department if the request is made in the first half of the contract term.
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Any purpose that is consistent with the currently approved state plan for use of federal funds under the Temporary Assistance to Needy Families program.
The initial applicability of incentives under the proposed rule is investigations that were initiated on or after January 1, 2012.
Summary of factual data and analytical methodologies
The proposed rule provides detail necessary to implement s.
49.197 (2), Stats. No data was used.
Summary of related federal requirements
None
Comparison to rules in adjacent states
The department is not aware of rules regarding incentive programs for local agencies that identify fraud committed by child care providers in any of the adjacent states.
Agency Contact Person
Text of Rule
SECTION 1. DCF 201.03 (6) is created to read:
DCF 201.03 (6) INCENTIVE PROGRAM FOR LOCAL FRAUD DETECTION.
(a) Definition. In this subsection, “local agency" means a child care administrative agency, excluding an agency in a county having a population of 750,000 or more.
(b) Identifying fraud. The department shall provide an incentive payment to a local agency for identifying fraud in the child care subsidy program on the part of a child care provider if all of the following apply:
1. The local agency investigates the child care provider by doing any of the following:
a. Conducting site visits.
b. Collecting and reviewing the provider's attendance and billing records.
c. Interviewing persons of interest.
d. Gathering supporting case information.
