•The following corrective measures related to fixtures (such as fences and utility lines) that are in good condition and operating adequately when the corrective measure occurs:
* Temporary or permanent relocation.
* Removal and replacement with a new fixture of the same size and quality, including any upgrade required by law.
* Protection during a spill cleanup, through shoring or other methods.
Repeat Spills
This rule authorizes DATCP, in consultation with the agricultural chemical cleanup council, to reduce the reimbursement rate for cleanups of repeat spills. Under this rule, DATCP may reduce the reimbursement rate for a spill cleanup if DATCP has received or paid a reimbursement claim related to a prior spill at the same site.
The presumptive reimbursement rate (reduced rate) is 50%, unless DATCP finds that a larger or smaller reduction is appropriate. In determining the amount of the reduction, DATCP may consider all of the following in consultation with the agricultural chemical cleanup council:
• The type of agricultural chemical discharged.
•The nature, size and location of discharge.
•The similarity between the discharge and prior discharges.
•The number of prior discharges, and the number of prior discharges for which the department has reimbursed corrective action costs.
•The responsible person's apparent negligence, if any.
•Whether the discharge was caused by a law violation.
•Other factors that the department or the agricultural chemical cleanup council consider relevant.
Alternative Sources of Drinking Water
In some cases, spills of agricultural chemicals may impair drinking water supplies. Current rules prohibit DATCP from reimbursing well replacement costs, except that DATCP may reimburse up to $20,000 in well replacement costs if DATCP or the Department of Natural Resources (DNR) orders the well replacement.
This rule expands DATCP's authority to reimburse well replacement costs, consistent with legislative changes enacted in
2001 Wisconsin Act 16. Under this rule, DATCP may reimburse up to $50,000 in costs incurred for any of the following actions ordered by DATCP or DNR:
•Replacement or restoration of private wells.
•Connection to alternative water sources, whether public or private.
Contractor to Disclose Identity of Landspreading Subcontractor
Current rules require contractors to disclose certain information in bids for cleanup services. This rule requires a contractor to disclose, in every bid that includes landspreading services, the name of the subcontractor (if any) who will provide those services.
Noncompetitive Bids
Under current rules, if DATCP finds that a bid for cleanup services is unreasonable, or that the cleanup service is unnecessary, DATCP may disapprove the bid, require additional bids or reimburse a lesser amount. This rule authorizes DATCP to take the same actions if DATCP finds that bids appear to be noncompetitive.
Payment Schedule
Under current rules, DATCP must pay cleanup reimbursement claims in installments if the cleanup fund balance is less than $1 million. DATCP may pay an initial installment of up to $50,000. DATCP may not make any additional payment to a claimant in any fiscal year until DATCP has paid initial installments to all eligible claimants in that year. This may delay full reimbursement to some claimants, even when adequate funds are available to pay all eligible claimants. DATCP must pay interest on any delayed payments. This rule changes the current method of payment. Under this rule, DATCP may pay the full amount of reimbursement claims on a first-come, first-served basis (there is no $50,000 installment limit). This will allow DATCP to pay claims more quickly, and limit interest costs to the agricultural chemical cleanup fund.
Reimbursement Rate
Under current rules, DATCP reimburses 80% of eligible cleanup costs. There is a minimum cleanup cost “deductible" of $3,000 or $7,500 (depending upon the type of business doing the cleanup), and DATCP does not reimburse costs to the extent that they exceed $400,000. The maximum allowed payment per cleanup, including interest on delayed payments, is $317,600 or $314,000 (depending on the applicable “deductible").
This rule reduces the current reimbursement rate, consistent with legislation enacted in
2003 Wisconsin Act 33. Under this rule, DATCP will reimburse 75% of eligible cleanup costs incurred on or after January 1, 2004. There will still be a minimum cleanup cost “deductible" of $3,000 or $7,500 (depending upon the type of business doing the cleanup). DATCP will still not reimburse costs to the extent that they exceed $400,000. The maximum allowed payment per cleanup will be $297,750 or $294,375 (depending on the applicable “deductible").
Repeal of Obsolete Provisions
This rule repeals obsolete retroactivity provisions contained related to reimbursement claims filed with the department prior to November 1, 2000.
Fiscal Estimate
DATCP estimates that this rule will save $180,000 for the agricultural chemical cleanup fund each year. This includes the following projected savings:
•By lowering the cleanup cost reimbursement rate from 80% to 75% (as required by current law), DATCP will save approximately $160,000 each year.
•By paying reimbursement claims on a first-come, first-served basis instead of installments, DATCP will save approximately $20,000 in interest costs each year.
DATCP estimates that it will save an additional $50,000 each year by reducing the reimbursement rate for repeat spills. But DATCP estimates that these savings will be offset, each year, by $50,000 in additional reimbursement payments related to concrete structure removal and private well replacement.
Initial Regulatory Flexibility Analysis
This rule affects businesses that clean up spills of fertilizers and pesticides in Wisconsin. Currently more than 360 businesses are involved in fertilizer or pesticide cleanups. Most of the cleanups occur at farm centers, agricultural dealerships and agricultural cooperatives. Many of these businesses are “small businesses" as defined in s.
227.114 (1) (a), Stats.
This rule will affect the reimbursement of spill cleanup costs. But this rule will not, by itself, have a major impact on small business. This rule merely implements a reimbursement rate reduction that the Legislature has already mandated. The rule changes expedite reimbursement payments, and increase reimbursement eligibility for certain cleanup costs. Small businesses will not need additional professional services to comply with this rule.
This rule will reduce reimbursement rates for repeat spills. However, businesses handling agricultural chemicals can participate in the department's Environmental Partners program to minimize their risk of repeat spills.
Environmental Assessment
DATCP has prepared an environmental assessment on this rule. You may obtain a free copy of the environmental assessment by contacting the Wisconsin Department of Agriculture, Trade and Consumer Protection, Division of Agricultural Resource Management, 2811 Agriculture Drive, P.O. Box 8911, Madison WI 53708, or by calling (608) 224-4523. Copies will also be available at the hearing.
Fertilizer Tonnage Fees Used to Fund the Agricultural Chemical Cleanup Program (ATCP 40)
The department of agriculture, trade and consumer protection (DATCP) currently administers an agricultural chemical cleanup program under s.
94.73, Stats. The program is partly funded by fertilizer tonnage fee surcharges.
Fertilizer manufacturers and distributors currently pay tonnage fees and surcharges, based on their annual gross sales of fertilizer in this state. Under current rules, manufacturers pay a surcharge of 38 cents per ton to fund the agricultural chemical cleanup program. This rule increases the surcharge to 86 cents per ton, as authorized by
2003 Wis. Act 33. The new surcharge will apply to fertilizer distributed after July 1, 2004, with initial payment due in August 2005.
This rule also updates current rules to reflect fee changes made by
1999 Wisconsin Act 9 (DATCP has already changed its fee collections according to reflect the statutory changes). The statutory changes decreased the basic fertilizer inspection fee by 2 cents per ton, and added a fertilizer weights and measures inspection fee of 2 cent per ton.
Fiscal Estimate
This rule will increase fertilizer tonnage fee revenues deposited to the agricultural chemical cleanup fund. The increased fee revenues will help finance the reimbursement of agricultural chemical spill cleanup costs, and reduce a projected deficit in the fund. In recent years, the fund has expended from $3.6 to $3.9 million per year in reimbursement payments, whole generating only $2,614,000 in annual revenues.
The fund had a substantial reserve until recently, but that reserve dropped below $200,000 at the end of FY 2002-03. Fiscal year 2003-04 is expected to end with unreimbursed claims (a deficit) of $784,000. Those claims (and associated interest expenses) must be reimbursed in subsequent years.
DATCP projects a reimbursement backlog (deficit) of $1,400,000 by the end of FY 2004-05. DATCP estimates that the fertilizer tonnage fees proposed in this rule will generate approximately $624,000 per year beginning in FY 2005-06. Those additional fee revenues will gradually reduce the reimbursement backlog (fund deficit).
Initial Regulatory Flexibility Analysis
This rule affects tonnage fees paid by businesses (approximately 500) that are licensed to manufacture or distribute fertilizer in Wisconsin. This rule may indirectly affect farmers, landscape businesses and other persons who purchase and use fertilizer, to the extent that tonnage fee costs are passed on to those purchasers. Some of the affected businesses are “small businesses" as defined in s.
227.114 (1) (a), Stats.
This rule will not have a major adverse impact on small business. The rule will generate an additional $624,000 in fees on the 1,300,000 tons of fertilizer sold annually in Wisconsin. These fertilizers have an average price of more than $150 per ton. The fee increase represents a price increase of about 0.3% on an agricultural input that typically has annual price fluctuations of several percent. This rule does not add any new record keeping or reporting requirements for affected businesses.
By increasing revenues for the agricultural chemical cleanup fund, this rule will benefit businesses (including fertilizer manufacturers and distributors) who rely on the fund for reimbursement of spill cleanup costs. Cleanups often cost more than $30,000, and sometimes more than $100,000. This rule will assist small businesses by assuring adequate funding to cover up to 75% of cleanup costs (subject to a $3,000 deductible).
It will also help ensure faster payment of cleanup reimbursement claims.
Notice of Hearing
Marriage and Family Therapy, Professional Counseling and Social Worker Examining Board
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Marriage and Family Therapy, Professional Counseling and Social Worker Examining Board
in Wis. Stats. ss.
15.08 (5) (b),
227.11 (2), and
457.03 (1), and interpreting s.
457.08, Stats., the Marriage and Family Therapy, Professional Counseling and Social Worker Examining Board will hold a public hearing at the time and place indicated below to consider an order to amend ss.
MPSW 3.01 (2),
3.05 (2),
3.07 (2),
3.09 (2),
11.01 (1) (b), and
16.01 (1) (a) 3., relating to a foreign degree to be equivalent to a degree from an accredited school in the United States.
Hearing Date, Time and Location
Date: January 13, 2004
Time: 1:45 P.M.
Location: 1400 East Washington Avenue
Room 179A
Madison, Wisconsin
Appearances at the Hearing
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Administrative Rules, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by January 23, 2004 to be included in the record of rule-making proceedings.
PROPOSED ORDER
An order of the Marriage and Family Therapy, Professional Counseling and Social Worker Examining Board to amend ss.
MPSW 3.01 (2),
3.05 (2),
3.07 (2),
3.09 (2),
11.01 (1) (b), and
16.01 (1) (a) 3., relating to the determination of the equivalency of a foreign degree to a degree from an institution accredited in the United States, and to require some candidates to demonstrate English proficiency.
Analysis prepared by the Department of Regulation and Licensing
SECTION 1. Under current requirements, applicants for social worker certification or licensure must have earned a social work degree from a school accredited by the Council on Social Work Education. Applicants otherwise qualified are prevented from obtaining Wisconsin certification or licensure if the applicant obtained a degree in another country. The Council on Social Work Education has a process for determining equivalency of degrees, and in fairness to graduates of foreign schools, the Social Worker Section wishes to rely on that process for accepting equivalent degrees. This section amends the rules to permit the Social Worker Section to accept from applicants for social worker certification or licensure a foreign degree determined by a national accrediting organization to be equivalent to a degree from an accredited school. The amendment would require candidates to demonstrate proficiency in English. This section specifies the new process and requirement.
SECTION 2. Under current requirements, licensure as a professional counselor requires that candidates be graduates of programs accredited by the Commission for Accreditation of Counseling (CACREP) and Related Educational Programs or the Council on Rehabilitation Education. The National Board of Certified Counselors provides a service to evaluate whether foreign degrees are equivalent to a degree program accredited by CACREP. The amendment would require candidates to demonstrate proficiency in English. This section specifies the new process and requirement.
SECTION 3. Under current requirements, licensure as a marriage and family therapist requires that candidates be graduates of programs accredited by the Commission on Accreditation for Marriage and Family Therapy Education (COAMFTE) of the American Association of Marriage and Family Therapy. This amendment permits an individual who is a graduate of a program from a foreign institution to seek licensure when an organization approved by the Marriage and Family Section determines that the program is equivalent to a program accredited by COAMFTE. The amendment would require candidates to demonstrate proficiency in English. This section specifies the new process and requirement.
TEXT OF RULE
SECTION 1. MPSW 3.01 (2), 3.05 (2), 3.07 (2) and 3.09 (2) are amended to read:
MPSW 3.01 (2) Verification that the school or program which awarded the social work degree was accredited by, or a pre-accreditation program, of the council on social work education Council on Social Work Education (CSWE) at the time the applicant graduated from the program or school, or that a degree awarded by a foreign institution of higher learning has been determined by the CSWE to be equivalent to a program accredited by the CSWE. If the applicant's education was not received in English, the applicant must demonstrate proficiency in English by achieving a score of 550 (or 213 on the computer-based exam) or above on the Test Of English as a Foreign Language (TOEFL) or an equivalent score on an equivalent exam.
MPSW 3.05 (2) Verification that the school or program which awarded the social work degree was accredited by, or a pre-accreditation program, of the council on social work education Council on Social Work Education
(CSWE) at the time the applicant graduated from the program or school, or that a degree awarded by a foreign institution of higher learning has been determined by the CSWE to be equivalent to a program accredited by the CSWE. If the applicant's education was not received in English, the applicant must demonstrate proficiency in English by achieving a score of 550 (or 213 on the computer-based exam) or above on the Test Of English as a Foreign Language (TOEFL) or an equivalent score on an equivalent exam.
MPSW 3.07 (2) Verification that the school or program which awarded the social work degree was accredited by, or a pre-accreditation program, of the council on social work education Council on Social Work Education
(CSWE) at the time the applicant graduated from the program or school, or that a degree awarded by a foreign institution of higher learning has been determined by the CSWE to be equivalent to a program accredited by the CSWE. If the applicant's education was not received in English, the applicant must demonstrate proficiency in English by achieving a score of 550 (or 213 on the computer-based exam) or above on the Test Of English as a Foreign Language (TOEFL) or an equivalent score on an equivalent exam.
MPSW 3.09 (2) Verification that the school or program which awarded the social work degree was accredited by, or a pre-accreditation program, of the council on social work education Council on Social Work Education
(CSWE) at the time the applicant graduated from the program or school, or that a degree awarded by a foreign institution of higher learning has been determined by the CSWE to be equivalent to a program accredited by the CSWE. If the applicant's education was not received in English, the applicant must demonstrate proficiency in English by achieving a score of 550 (or 213 on the computer-based exam) or above on the Test Of English as a Foreign Language (TOEFL) or an equivalent score on an equivalent exam.
SECTION 2. MPSW 11.01 (1) (b) is amended to read:
MPSW 11.01 (1) (b) Verification that the institution which awarded the degree was a regionally accredited college or university, or accredited by the commission for accreditation of counseling and related educational programs (CACREP), or the council on rehabilitation education at the time the applicant graduated from the school, or that a degree awarded by a foreign institution of higher learning has been determined by the National Board for Certified Counselors (NBCC) or by another organization approved by the section to be equivalent to a degree from a program accredited by CACREP. If the applicant's education was not received in English, the applicant must demonstrate proficiency in English by achieving a score of 550 (or 213 on the computer-based exam) or above on the Test Of English as a Foreign Language (TOEFL) or an equivalent score on an equivalent exam.
SECTION 3. MPSW 11.01 (1) (b) is amended to read:
MPSW 16.01 (1) (a) 3. An applicant who has a master's or doctoral degree in marriage and family therapy from a program which was not accredited by the commission on accreditation for marriage and family therapy education (COAMFTE) of the American association for marriage and family therapy must submit satisfactory evidence of having completed education equivalent to a master's or doctoral degree in marriage and family therapy from a program accredited by the commission on accreditation for marriage and family therapy education of the American association for marriage and family therapy, pursuant to s.
MPSW 16.02, or that a degree awarded by a foreign institution of higher learning has been determined by an organization approved by the section to be equivalent to a degree from a program accredited by COAMFTE.
If the applicant's education was not received in English, the applicant must demonstrate proficiency in English by achieving a score of 550 (or 213 on the computer-based exam) or above on the Test Of English as a Foreign Language (TOEFL) or an equivalent score on an equivalent exam.
Fiscal Estimate
There will be no additional cost to the Department of Regulation and Licensing to certify these applicant social workers than for current applicants with degrees from schools in the United States that are accredited by the Council.
Initial Regulatory Flexibility Analysis
