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Grant Application

An ethanol producer must submit a grant application in writing, on a form provided by DATCP. The application must specify all the following:

•   The consecutive 12-month period for which the applicant seeks a grant.

•   The total gallons of “eligible ethanol" that the applicant produced during that consecutive 12-month period.

•   The name and address of each supplier from whom the applicant purchased a commodity used to produce the “eligible ethanol." The applicant must identify the type and amount of each commodity purchased from each supplier. If the applicant purchased grain from a grain dealer, the applicant must give the address of the grain facility from which the grain dealer shipped that grain to the applicant.

•   The applicant's federal tax identification number.

•   The date on which the applicant first produced ethanol in this state.

•   Any other information required by DATCP.

DATCP Action on Grant Applications

DATCP must award grants by June 1 of each year, and must make grant payments by June 30 (the end of the state fiscal year). If DATCP denies a grant application, or awards a smaller prorated amount (see below), DATCP must explain its action in writing.

DATCP may require an applicant to provide additional information, and may deny a grant application if the applicant fails to honor DATCP's reasonable request for relevant information. DATCP may exercise its authority under ch. 93, Stats., to verify a grant application, or to verify the applicant's eligibility for a grant.

DATCP may deny a grant application, or recover grant payments made to an applicant, if DATCP finds that the applicant has materially misrepresented any information related to a grant application.

Prorating payments

Under this rule, if grant awards in any state fiscal year exceed the grant funds appropriated for that fiscal year, DATCP must prorate grant awards based on each applicant's eligible ethanol production during the consecutive 12-month period identified in the applicant's grant application. An ethanol producer who receives a pro-rated grant may not apply for the balance of that grant in the next fiscal year.

Fiscal Estimate

This proposed rule was initiated when the legislature passed 1999 Wis. Act 55. This act created an ethanol grant program under s. 93.75, Wis. Stats. Under this program, the department is authorized to make grants to certain ethanol producers. The legislation requires the department to adopt rules for the program.

Administrative costs associated with this program should be minimal and easily absorbed into the agency's general duties.

Initial Regulatory Flexibility Analysis

1999 Wis. Act 55 created an ethanol grant program under s. 93.75, Wis. Stats. Under this program, the department is authorized to make grants to certain ethanol producers. The legislation requires the department to adopt rules for the grant program.

To be eligible for a payment, the ethanol producer must produce at least ten million gallons of ethanol per year. The legislation requires the department to pay ethanol producers who meet the statutory and proposed rule criteria 20¢ per gallon for not more than 15 million gallons.

Ethanol producers may only apply for a grant payment if they have been in business for sixty months or less. The entire program is scheduled to sunset on July 1, 2006.

There is little chance that any ethanol producer who can produce the minimum ten million gallons per year would also meet the state's definition of a “small business" contained in s. 227.114 (1) (a). Stats. In that statutory section, “small business" means a business entity, including its affiliates, which is independently owned and operated and is not dominant in its field, and which employs fewer than twenty-five full time employees or which has gross annual sales of less than $2,500,000. Consequently, the department expects this program to have minimal impact on small business in the ethanol production industry.

The grant program should have a major impact on the prices for agricultural crops used in the production of ethanol. By providing another market for these agricultural crops, the prices for those crops should increase. The increase in prices will benefit Wisconsin farmers. Since the grant program is designed to promote the purchase of crops grown in Wisconsin, there will be a benefit to Wisconsin small businesses derived from this program and rule.

Notice of Hearing

Agriculture, Trade and Consumer Protection
[CR 00-183]

The state of Wisconsin Department of Agriculture, Trade and Consumer Protection announces that it will hold a public hearing on a proposed rule related to Public Warehouse Keepers; License Fees. This rule amends ch. ATCP 97. The hearing will be held:

Thursday, January 18, 2001, 10:00 a.m.

WI Department of Agriculture, Trade and Consumer Protection

Conference Room 472

2811 Agriculture Drive

Madison, WI 53718-6777

The public is invited to attend the hearing and comment on the proposed rule. Following the public hearing, the hearing record will remain open until January 28, 2001 for additional written comments.

A copy of the proposed rule may be obtained, free of charge, from the Wisconsin of Department of Agriculture, Trade and Consumer Protection, Division of Trade & Consumer Protection, P.O. Box 8911, Madison, WI 53708-8911, or by calling [phone]. Copies will also be available at the public hearing.

An interpreter for the hearing impaired is available upon request for the hearing. Please make a reservation for a hearing interpreter by January 11, 2001, by contacting Linda Meinholz at [phone] or Don Furniss at [phone] or by contacting the TDD at the Department at [phone]. Handicap access is available at the hearing.

Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection

Statutory Authority: ss. 93.02 (3) (a) and 99.08.

Statutes Interpreted: Ch. 99.

This rule increases annual license fees for public storage warehouses licensed under Wis. Stat. ch. 99. These are warehouses that store property (food, wearing apparel, cars, boats, furniture, household goods, etc.) for others for hire.

The department of agriculture, trade and consumer protection (DATCP) licenses public storage warehouses to protect depositors. The following warehouses are exempt from licensing under Wis. Stat. ch. 99:

•   A warehouse used only for the warehouse keeper's property

•   A grain warehouse licensed under Wis. Stat. ch. 127.

•   A frozen food locker plant.

•   A cooperative warehouse used to store farm products and merchandise only for cooperative members.

•   A municipal warehouse.

•   A dairy plant warehouse used to store the dairy plant's own products.

•   A vegetable processor's warehouse used to store the processor's own products.

•   A warehouse operated by a common carrier, if the common carrier transfers and stores property for periods of not more than 30 days.

•   A warehouse licensed under the United States warehouse act.

•   A “mini-warehouse" or other storage space rented to a person who has free access to the storage space and is responsible for the property stored there.

DATCP has adopted public storage rules under Wis. Admin. Code ch. ATCP 97. Among other things, the current rules establish annual license fees for public storage warehouses. Warehouse keepers pay annual license fees based on the warehouse size.

DATCP's regulatory program is funded entirely by license fees. Current fees are not adequate to cover program costs. This rule increases license fees as follows:

Warehouse	Size (Sq. Ft.)	Current Fee	Proposed Fee
Class 1	1–9,999	$75	$90
Class 2	10,000-49,000	$150	$185
Class 3	50,000-99,999	$240	$300
Class 4	100,000–149,999	$320	$400
Class 5	150,000–Over	$420	$500

Fiscal Estimate

This rule amends Wis. Admin Code ATCP 97.04 (4) (a) to increase the annual license fees paid by public warehouse keepers. Increases ranging from 20% to 25%, depending on license class, will provide additional revenues of approximately $16,200 annually beginning with the license year July 1, 2001. The department estimates one-time costs of approximately $500 for printing, mailing and holding hearings on the proposed rule changes.

Initial Regulatory Flexibility Analysis

The Department of Agriculture, Trade and Consumer Protection regulates public warehouse keepers to protect depositors. The regulatory program is funded entirely by license fees. Current fees are not adequate to sustain the program. License fees were last increased in 1994.

This rule increases annual license fees for public warehouse keepers, many of whom are small businesses. The fee increases range from 20% to 25%, depending upon the square footage of space used for storage of property of others, with a maximum increase of $100.

Notice of Hearings

Commerce

[CR 00-179]

NOTICE IS HEREBY GIVEN that pursuant to ss. 101.02 (1) and (15), 101.025, 101.027, 101.13, 101.132, 101.135, 101.14 (1) and (4), and 101.973 (1), Stats., the Department of Commerce will hold public hearings on proposed rules chs. Comm 4, 14, 16, 50 to 64, 66, 69 and 70 relating to construction and fire prevention for public buildings and places of employment, including commercial buildings and structures, and multifamily dwellings.

The public hearings will be held as follows:

Date and Time:   Location:

January 16, 2001   Thompson Commerce Center, Third

Tuesday   Floor, Room 3B, 201 West Washington

9:30 a.m.   Avenue, Madison, WI

January 18, 2001   Turtleback Golf and Conference Center

Thursday   1985 18½ Street (On West Allen Street)

10 a.m.   Rice Lake, WI

January 23, 2001   Green Bay State Office Building

Tuesday   Room 152A

10 a.m.   200 North Jefferson Street

  Green Bay, WI

January 25, 2001   Waukesha County Technical College,

Thursday   Room B0201

10 a.m.   800 West Main Street
  Pewaukee, WI

Interested persons are invited to appear at the hearings and present comments on the proposed rules. Persons making oral presentations are requested to submit their comments in writing. Persons submitting comments will not receive individual responses. The hearing record on this proposed rulemaking will remain open until February 9, 2001, to permit submittal of written comments from persons who are unable to attend a hearing or who wish to supplement testimony offered at a hearing.

These hearings are held in accessible facilities. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call [phone] or TTY at [phone] at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audio tape format will, to the fullest extent possible, be made available upon request by a person with a disability.

Written comments should be submitted to Sam Rockweiler, Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689.

A copy of the proposed rules may be obtained without cost from Roberta Ward, Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, Wisconsin 53701, telephone [phone], or [phone] (TTY). Copies will also be available at the public hearings.

Analysis of Proposed Rules

Statutory Authority and Statutes Interpreted

Statutory Authority: ss. 101.02 (1) and (15), 101.025, 101.027, 101.13, 101.132, 101.135, 101.14 (1) and (4), and 101.973 (1)

Statutes Interpreted: ss. 101.02 (1), (6), (7), (7m), and (15); 101.025; 101.027; 101.11; 101.12; 101.13; 101.132; 101.135; 101.14 (1), (4), and (4m); 101.73; and 101.973 (1)

Overview

Under the statutes cited, the Department protects public health, safety, and welfare by promulgating fire prevention requirements and construction requirements for public buildings and places of employment, including commercial buildings and structures and multifamily dwellings. These requirements are currently contained in chapters Comm 14, Comm 50 to 64, and Comm 66, respectively. These requirements began and evolved over the past ninety years.

Following enactment of the “Safe Place" statutes in Wisconsin in 1911, Wisconsin became the first state in this country to adopt a state building code. In the early 1920's, building inspectors in other states began forming what eventually became three regional model code groups, to develop and offer model codes for adoption at state and local levels. In developing its building codes over the past century, Wisconsin has traditionally relied on the model codes, on input from affected parties, and on various consensus standards produced by nationally recognized technical societies.

In the mid 1990's, the three model code groups joined together for the purpose of replacing their codes with a single set of jointly-developed model codes for building construction. Publication of this set was completed in 2000, by the International Code Council®.

Development and publication of the ICC codes has intensified the desire of several parties in the construction industry to replace Wisconsin's building construction codes with model codes that are used elsewhere in this country. Having the same building construction requirements would make it easier for designers, manufacturers, and suppliers who work in numerous states to provide products and services in Wisconsin and to comply with the various technical design requirements.

The ICC codes contain state-of-the art minimum requirements for the built environment, developed with input from experts across the nation. The suite of ICC codes has been developed to be an integrated set of requirements. Commonly, these requirements considerably expand upon the detail that is currently contained in Wisconsin's fire prevention and building construction codes.