Madison, WI 53703
Transportation
Rule Submittal Date
On January 11, 2001, the Department of Transportation submitted a proposed rule to the Legislative Council Rules Clearinghouse.
Analysis
The proposed rule affects ch. Trans 131 relating to motor vehicle emissions inspection program.
Agency Procedure for Promulgation
The date for public hearing is February 20, 2001.
Contact Information
If you have questions, please contact:
Julie A. Johnson
Telephone: (608) 267-3703
Mailing Address:
4802 Sheboygan Ave., 115B
Madison, WI 53702
Rule-making notices
Notice of Hearing
Agriculture, Trade and Consumer Protection
The State of Wisconsin Department of Agriculture, Trade and Consumer Protection announces it will hold a public hearing on its emergency rule to create s. ATCP 10.21 (10) (c) and (15) relating to reimbursement of Johne's disease testing costs. The public hearing will be held on Tuesday, February 13, 2001 at 2:00 p.m. at the following location:
Department of Agriculture, Trade and Consumer Protection
Prairie Oak State Office Building
Room 106
2811 Agriculture Drive
Madison, Wisconsin
Public comment is being sought on the Department's emergency rule, pursuant to s. 227.24 (4), Stats., which requires that a public hearing be held within 45 days after an emergency rule is adopted. Following the public hearing, the hearing record will remain open until Wednesday, February 14, 2001 to receive additional written comments.
An interpreter for the hearing impaired will be available on request for this public hearing. Please make reservations for a hearing interpreter by Monday, February 5, 2001 either by writing to Lynn Miller, Division of Animal Health, P.O. Box 8911, Madison, WI 53708-8911 (telephone 608 224-4883) or by calling the Department TDD at 224-5058.
Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection
Statutory Authority: ss. 93.07 (1), and 95.197 (2).
Statute Interpreted: s. 95.197.
Johne's disease (paratuberculosis) is a serious disease of cattle. The 1999-2001 biennial budget act (1999 Wis. Act 9) established a grant program to help cattle owners pay for Johne's disease testing. The department of agriculture, trade and consumer protection (DATCP) administers the grant program. This rule establishes standards for the grant program, as required by the biennial budget act.
Background
Under s. 95.195, Stats., and current DATCP rules, a seller warrants that cattle are free of Johne's disease at the time of sale unless the seller discloses to the prospective buyer the current Johne's disease herd classification of the source herd. Every herd of cattle has a Johne's disease herd classification.
A herd is automatically classified “maximum risk for Johne's disease" unless DATCP assigns a different herd classification based on an annual herd test. DATCP may assign one of several herd classifications, based on annual herd test results. An annual herd test is voluntary. A herd owner may arrange and pay for an annual herd test, and may ask the department to classify the herd based on the test results.
Grant Program
The biennial budget act (1999 Wis. Act 9) provided $100,000 in grant funds FY 2000-01 to help cattle owners pay for annual Johne's disease herd tests. Under this rule, a herd owner who asks the department to classify a herd based on an annual herd test may apply for reimbursement of laboratory costs associated with the annual test. When DATCP classifies the herd, it will tell the herd owner how to apply for reimbursement.
To obtain reimbursement, a herd owner must file a claim by February 1 of the year following the year in which the herd owner tests the herd. The herd owner must submit copies of bills that establish the amount of laboratory costs charged to the herd owner. DATCP will distribute available funds by June 30 (following the February 1 annual application deadline).
DATCP may reimburse all or part of an applicant's allowed claim, depending on available funding. If allowed claims exceed available funding, DATCP will pay each herd owner a pro rata share based on the amount of each herd owner's allowed claim. A herd owner may not resubmit the unpaid portion of a claim in a subsequent year.
SECTION 1. ATCP 10.21 (10) (c) is created to read:
ATCP 10.21 (10) (c) Eligibility for reimbursement. Notice that the herd owner may apply for reimbursement of testing costs, according to sub. (15).
SECTION 2. ATCP 10.21 (15) is created to read:
ATCP 10.21 (15) Reimbursement of annual herd test costs. (a) Eligibility. A herd owner who asks the department to classify a herd under sub. (3) based on an annual herd test performed under sub. (5) may apply for reimbursement of laboratory testing costs under sub. (7).
(b) Reimbursement claim. To apply for reimbursement of annual herd test costs under par. (a), a herd owner shall file a claim with the department by February 1 of the year following the year in which the herd is tested and classified. The herd owner shall apply on a form provided by the department. The herd owner shall submit copies of bills from the veterinarian or laboratory that establish the amount of laboratory test costs that the herd owner incurred.
(c) Claims disallowed. The department may disallow all or part of a claim under par. (b) if the department finds that the herd owner has misrepresented or falsified any part of a claim.
(d) Reimbursement payments. The department shall reimburse a herd owner's allowed claim by June 30 of the year following the year which the owner's herd was tested and classified. If allowed claims exceed available funding, the department shall pay each herd owner a pro rata share based on the amount of each herd owner's allowed claim. A herd owner may not resubmit the unpaid portion of a claim in a subsequent year.
Fiscal Estimate
The department does not anticipate this emergency rule to have a significant fiscal effect. It is estimated that 2,400 herds will be classified over a 12 month period of which approximately 80% of the herd owners will file a reimbursement claim. Each claim is expected to require 20 minutes to review and complete data entry for payment. The total cost will be approximately $13, 200 ($12,600 for salary and fringe and $600 for postage). This time can be accommodated with existing staff and through reprioritization of work assignments in the office. There is no anticipated fiscal effect for local units of government.
Regulatory Flexibility Analysis
This rule establishes standards for the grant program created by 1999 Wis. Act 9 to assist cattle owners in paying for Johne's disease testing. It will affect cattle owners who wish to obtain reimbursement for a portion of the costs incurred to test their herds for Johne's disease.
When a herd owner has his or her herd tested for Johne's disease and requests that the herd be classified on the basis of that test, the department will advise the herd owner that he or she is eligible to participate in the grant program. To participate in the grant program, the herd owner must file a claim no later than February 1 of the year following the calendar year in which the herd was tested. The owner must provide copies of bills from either the veterinarian or the laboratory to establish amount of laboratory costs incurred.
This claim filing process is the least onerous possible that is consistent with the state's need to audit and assure that grants are only given in appropriate amounts to eligible owners. The rule permits filing the claim anytime between the date their herd is classified and February 1 of the year after the testing is conducted. This allows significant flexibility for the animal owner.
It is not anticipated that the animal owner will need any significant professional skills to complete the claim form and become eligible for a grant under this rule.
Notice of Hearings
Health and Family Services
(Health, Chs. 110-199)
Notice is hereby given that pursuant to ss. 227.24 (1), 250.04 (7), 250.041, 254.115, 254.167, 254.172, 254.176 (1) and (3), 254.178 (2), and 254.179, Stats., the Department of Health and Family Services will hold public hearings to consider the revision of a previously proposed order to repeal and recreate ch. HFS 163, Wis. Adm. Code, relating to certification for the identification, removal and reduction of lead-based paint hazards and the issuance and registration of certificates of lead-free status and lead-safe status.
Note: These hearings are being held in addition to hearings held in January because the Department proposes to make a variety of substantive changes to the order on which the January hearings were based. The substantive changes to the order result from final regulations issued by the U.S. Environmental Protection Agency (EPA) establishing standards for identifying lead-based paint hazards that are significantly different from those originally proposed by the EPA. The EPA regulations were issued on January 5, 2001. The Department's modifications to the previous proposed order are intended to comply with the final EPA regulations for determining the existence of lead-based paint hazards.
Hearing Information
The public hearings will be held:
Date & Time Location
February 22, 2001 State Office Building
Thursday Rm 137, 141 NW Barstow St.
Beginning at 10:00 a.m. Waukesha WI
February 23, 2001 Marathon Co. Aging and Friday
Disability Resource Ctr.
Beginning at 10:00 a.m. Theater, 1100 Lakeview Dr.
Wausau WI
The hearing sites are fully accessible to people with disabilities.
Analysis Prepared by the Department of Health and Family Services
Chapter 254, Stats., provides for a comprehensive lead (Pb) hazard reduction program, including lead exposure screening, medical case management and reporting requirements, and the development of lead training accreditation and certification programs. Under the authority of ch. 254, Stats., the Department promulgated ch. HFS 163, Wis. Adm. Code, in 1988 to provide rules for the certification of individuals performing lead hazard reduction and for the accreditation of the courses that prepare individuals for certification. These rules have been revised over time to meet requirements of regulations issued by the U.S. Environmental Protection Agency (EPA).
Wisconsin met federal standards for a state-administered lead training accreditation and certification program and received EPA authorization effective January 27, 1999. The Department's Asbestos and Lead Section of the Bureau of Occupational Health administers and enforces lead-based paint training, certification and work practice provisions of ch. HFS 163, Wis. Adm. Code. The Section derives its revenues from two sources: various fees the Department assesses under this chapter; and lead program development grant monies the Department receives from EPA.
Under ch. HFS 163, a person offering, providing or supervising lead-based paint activities for which certification is required must be certified as a lead company and may only employ or contract with appropriately certified individuals to perform these activities. Effective December 1, 2000, the Department revised the training accreditation and certification requirements of the rule by emergency order. An individual may apply for certification in the following disciplines: lead low-risk worker, low-risk supervisor, high-risk worker, contractor supervisor, hazard investigator, inspector, risk assessor, project designer and sampling technician. For initial certification, the individual must be 18 years of age or older, must meet applicable education and experience qualifications, must successfully complete certification training requirements and, to be certified as a lead hazard investigator, inspector, risk assessor, low-risk supervisor or contractor supervisor, must pass a certification examination. In addition, the Department must accredit the lead training courses that prepare persons for certification.
New Federal Regulations
The U.S. Environmental Protection Agency has issued final regulations establishing standards for identifying lead-based paint hazards under the authority of section 403 of the federal Toxic Substance Control Act. These regulations were published in the January 5, 2001, Federal Register. These new national standards are more protective than previous EPA guidance and will, for the first time, provide homeowners, school and playground administrators, childcare providers and others with standards to protect children from hazards posed by lead, including children in federally-owned housing.
Under these new standards, federal agencies, including Housing and Urban Development, as well as state, local and tribal governments will have new uniform benchmarks on which to base remedial actions taken to safeguard children and the public from the dangers of lead. These standards will also apply to other Federal lead provisions, such as EPA's real estate disclosure requirements presently in place for people selling or renting a home or apartment. These hazard standards will also serve as general guidance for other EPA programs engaged in toxic waste cleanups. In addition, these standards will provide landlords, parents, and childcare providers with specific levels on which to make informed decisions regarding lead found in their homes, yards, or play areas.
Contact Person
To find out more about the hearing or to request a copy of the proposed rules, write or phone:
Gail Boushon, Regulatory Specialist
Asbestos and Lead Section
Room 137, 1 West Wilson Street
P.O. Box 2659
Madison, WI 53701-2659
Telephone: 608-261-6876 or 266-1511 if you are hearing impaired.
Fax: 608-266-9711
A copy of the revised proposed rules are available to view and download at the Department's website:
