Scope Statements
Agriculture, Trade and Consumer Protection
Subject
Revises Chapter
ATCP 34, relating to the Chemical and Container Collection (“Clean Sweep") Program.
Objective of the Rule
Update and clarify current rules related to Wisconsin's “Clean Sweep" program. Among other things, this rule will implement statutory changes authorizing a “Clean Sweep" program for the collection and disposal of unwanted prescription drugs.
Policy Analysis
DATCP has operated an agricultural “Clean Sweep" grant program since 1990. The “Clean Sweep" program has helped county and local governments to collect and dispose of over 3 million pounds of farm chemical wastes.
2003 Wis. Act 33 transferred the state's household “Clean Sweep" grant program (for the collection of hazardous household wastes) from the Department of Natural Resources to DATCP. In 2004, DATCP consolidated the household “Clean Sweep" program with the agricultural program. Since then, “Clean Sweep" grants have helped county and local governments to collect and dispose of over 5 million pounds of household hazardous wastes.
Under the “Clean Sweep" program, DATCP distributes grants to county and local governments for hazardous waste collection events (or permanent collection sites). Funded projects accept farm and household hazardous wastes from end-users and from certain businesses such as agrichemical dealers and golf courses (“very small quantity generators").
2007 Wis. Act 20 authorized DATCP to expand the “Clean Sweep" grant program to include grants for county and local projects to collect unwanted prescription drugs. DATCP has implemented a pilot prescription drug program, and now proposes to develop rules for a more “permanent" program.
This rule may do all of the following:
•
Create a “Clean Sweep" component program for prescription drugs that is consistent with federal and state laws related to prescription drugs and controlled substances.
•
Clarify procedures under the entire “Clean Sweep" program, including procedures related to grant applications, grant approval, grant contracts, reporting requirements, reimbursement procedures, selection of hazardous waste handlers, and other matters.
•
Make other changes, as necessary, to improve the administrative and operational efficiency of the “Clean Sweep" program.
Policy Alternatives
No change. If DATCP takes no action, current rules will remain in effect. There will be no rules for the prescription drug “Clean Sweep" program, and rules for other parts of the “Clean Sweep" program will be outdated. This will cause confusion and inhibit effective administration of the “Clean Sweep" program.
Statutory Alternatives
Amend s.
93.57, Stats., to delete the authorization for a prescription drug “Clean Sweep" program.
Statutory Authority
Comparison with Federal Regulations
The United States Environmental Protection Agency (EPA) administers the Resource Conservation and Recovery Act (RCRA), which includes regulations affecting the collection, movement, and disposal of hazardous agricultural and household waste. EPA has also adopted universal waste management rules under
40 CFR 273. Wisconsin's “Clean Sweep" grantees and vendors must comply with all applicable RCRA and universal waste provisions.
Prescription drugs that are controlled substances are regulated under the federal Controlled Substance Act (
21 USC 801) and the Controlled Substances Import and Export Act (
21 USC 951). Wisconsin's prescription drug “Clean Sweep" program must comply with these and related federal laws.
Entities Affected by the Rule
This rule may affect the following persons and entities, among others:
•
Local governments (counties, municipalities and regional planning commissions) and tribal nations who are eligible to apply for and receive “Clean Sweep" grants.
•
Farmers.
•
Homeowners and residential tenants.
•
Business that generate very small quantities of hazardous wastes.
Estimate of Time Needed to Develop the Rule
DATCP estimates that it will use approximately 1.0 FTE staff to develop this rule. This includes time required for investigation and analysis, rule drafting, preparing related documents, coordinating advisory committee meetings, holding public hearings and communicating with affected persons and groups. DATCP will use existing staff to develop this rule.
DATCP may not begin drafting this rule until the Board of Agriculture, Trade and Consumer Protection (Board) approves this scope statement. The Board may not approve this scope statement sooner than 10 days after this scope statement is published in the Wisconsin Administrative Register. If the Board takes no action on the scope statement within 30 days after the scope statement is presented to the Board, the scope statement is considered approved. Before DATCP holds public hearings on this rule, the Board must approve the hearing draft. The Board must also approve the final draft rule before the department adopts the rule.
Agriculture, Trade and Consumer Protection
Subject
Revises Chapter
ATCP 69, relating to buttermaker licensing.
Objective of the Rule
This rule may modify current training and examination requirements for licensed buttermakers under ch.
ATCP 69, Wis. Adm. Code. Wisconsin is currently facing a shortage of licensed buttermakers. This rule may modify current training and examination requirements, and create new options to facilitate the training and licensing of qualified buttermakers.
Policy Analysis
DATCP administers Wisconsin's buttermaker licensing program under ch. 97.17, Wis. Stats. DATCP has adopted licensing rules under ch.
ATCP 69, Wis. Adm. Code. There have been few changes in the current program since 1929.
Under current law, butter must be made by or under the supervision of a licensed buttermaker. However, there are currently only 38 licensed buttermakers in the state. There is a growing national market for butter. Without more licensed buttermakers, Wisconsin's butter industry will be at significant risk and may be unable to take advantage of new market opportunities.
Under current rules, an applicant for a buttermaker license (other than a renewal applicant) must pass an examination. Every applicant (including a renewal applicant) must have at least one of the following qualifications:
•
The applicant has been licensed as a buttermaker for at least 10 years.
•
The applicant has worked directly under a licensed buttermaker for at least 24 months.
•
The applicant has worked directly under a licensed buttermaker for at least 18 months and has completed a DATCP-approved training course from an accredited post-secondary institution.
•
The applicant has obtained a 4-year degree in food science (or an equivalent major) from an accredited post-secondary educational institution, and has worked directly under a licensed buttermaker for at least 12 months.
This rule may provide more flexible training and examination options to facilitate the training and licensing of qualified buttermakers. DATCP will develop this rule in consultation with the Wisconsin dairy industry, including the emerging artisan and farmstead buttermaking industry. DATCP will also consult with the University of Wisconsin and other institutions. This rule may take advantage of new training resources and technologies that were not previously available.
This rule will promote the development and diversification of Wisconsin's dairy industry. It will allow more people to enter the industry as licensed buttermakers, including makers of artisan and farmstead butter. It will help relieve an acute shortage of licensed buttermakers, which is putting the state's entire butter industry at risk. It will also ensure the safety and quality of Wisconsin butter, and maintain Wisconsin's reputation as a dairy leader, by ensuring that buttermakers are adequately trained and qualified.
Policy Alternatives
If DATCP takes no action, current rules will remain in effect. Current rules may unnecessarily limit buttermaker licensing, which may in turn limit the development and diversification of Wisconsin's dairy industry.
There are no statutory alternatives at this time.
Statutory Authority
Comparison with Federal Regulations
The United States food and drug administration has adopted food safety and labeling standards for butter, including a butter “standard of identity" (a product such as margarine may not be sold as “butter"). The United States department of agriculture has adopted grading standards for butter. This rule will not be directly affected by federal rules. However, licensed buttermakers must be aware of relevant federal rules.
Entities Affected by the Rule
Buttermakers
This rule may offer more flexible training and licensing options for current and prospective buttermakers. That may, in turn, increase the total number of licensed buttermakers in the state.
Cheesemakers
This rule may make it easier for licensed cheesemakers to obtain a buttermaker license. That may give them more job flexibility, and provide more opportunities for value-added dairy enterprise.
Dairy Industry
This rule will promote the development and diversification of Wisconsin's dairy industry. It will allow more people to enter the industry as licensed buttermakers, including makers of artisan and farmstead butter. It will help relieve an acute shortage of licensed buttermakers, which is putting the state's entire butter industry at risk. It will also ensure the safety and quality of Wisconsin butter, and maintain Wisconsin's reputation as a dairy leader, by ensuring that buttermakers are adequately trained and qualified.
Estimate of Time Needed to Develop the Rule
DATCP estimates that it will use the equivalent of 0.5 FTE staff to revise this rule. This anticipates a 6 month period for investigation and analysis, rule drafting, preparing related documents, coordinating advisory committee meetings, holding public hearings and communicating with affected persons and groups. DATCP will use existing staff to develop this rule.
DATCP may not begin drafting this rule until the Board of Agriculture, Trade and Consumer Protection (Board) approves this scope statement. The Board may not approve this scope statement sooner than 10 days after this scope statement is published in the Wisconsin Administrative Register. If the Board takes no action on the scope statement within 30 days after the scope statement is presented to the Board, the scope statement is considered approved. Before DATCP holds public hearings on this rule, the Board must approve the hearing draft. The Board must also approve the final draft rule before the department adopts the rule.
Commerce
Financial Resources for Businesses and Communities, Chs.
Comm 104—
Subject
Creates Chapter
Comm 101, relating to tax credits for jobs and training.
Objective of the Rule
Policy Analysis
The Department has various rules for administering several economic development programs, but those rules do not specifically include the expected rule text for earning refundable business tax credits by increasing net employment that is either high-paying or is accompanied with employee training.
Section
560.2055 (5) (f) of the Statutes requires the Department to promulgate these rules. The alternative of not promulgating these rules would disregard that directive.
Statutory Authority
Comparison with Federal Regulations
In researching federal tax incentives, the Department and the Department of Revenue found that there are no tax credits at the federal level that are exactly like the corresponding credit in sections
71.07 (3q),
71.28 (3q),
71.47 (3q) and
560.2055 of the Statutes. The following federal tax credit may apply to the activities that will be addressed by the proposed rules, but this federal tax credit is structured differently than the credit in sections
71.07 (3q),
71.28 (3q),
71.47 (3q) and
560.2055 of the Statutes.
Job creation that would be eligible for tax benefits under the proposed rules may qualify for the federal consolidated Work Opportunity Tax Credit – which includes tax credits for an employer that hires an individual who is (1) a qualifying Hurricane Katrina employee, (2) a member of a qualifying family with long-term or recent receipt of Temporary Assistance to Needy Families payments, (3) a qualifying food stamp recipient, (4) a qualifying veteran, (5) a qualifying ex-felon, (6) a resident of a designated community, (7) a qualifying summer youth employee, (8) a qualifying recipient of vocational rehabilitative services, or (9) a qualifying recipient of Supplemental Security income.
Entities Affected by the Rule
These rules may affect any business that elects to pursue refundable business tax credits for increasing net employment which is either high-paying or is accompanied with employee training.
Estimate of Time Needed to Develop the Rule
The staff time needed to develop the rules is expected to range from 120 to 180 hours, depending upon the associated complexity. This includes research, rule drafting, and processing the rules through public hearings, legislative review, and adoption. There are no other resources necessary to promulgate the rules.
Commerce
Financial Resources for Businesses and Communities, Chs.
Comm 104—
Subject
Creates Chapter
Comm 102, relating to the Wisconsin Enterprise Zone program.
Objective of the Rule
This rulemaking would create chapter Comm 102 for establishing definitions in the enterprise zone program administered by the Department under section
560.799 of the Statutes, as modified by
2009 Wisconsin Acts 11 and
28. This rulemaking may also include codifying other practices related to administering this program.
Policy Analysis
The Department has various permanent rules for administering several economic development programs, but those rules do not currently include the expected rule text for (1) defining an original equipment manufacturer with a significant supply chain in Wisconsin, (2) defining full-time employee, and (3) defining tier I and tier II counties and municipalities.
The definition of full-time employee is expected to be consistent with the definition of this term that the Department plans to create in chapter Comm 100 for consolidating five of the Department's development-zone tax-credit programs into a single, statewide program.
The definitions of tier I and tier II counties and municipalities are expected to be consistent with the definitions of these terms that the Department plans to create in chapter Comm 101 for the jobs tax credit addressed in section
560.2055 of the Statutes.
Section
560.799 (6) (g) of the Statutes requires the Department to promulgate these rules. The alternative of not promulgating these rules would disregard that directive.
Statutory Authority
Comparison with Federal Regulations
In researching federal tax incentives, the Department and the Department of Revenue found that there are no tax credits at the federal level which are exactly like the enterprise zone tax credit in sections
71.07 (3w),
71.28 (3w),
71.47 (3w) and
560.799 of the Statutes. The following federal tax credit may apply to some of the activities that may be addressed by the proposed rules, but this federal tax credit is structured differently than the credit in these sections of the Statutes.
Job creation that would be eligible for tax credits under the proposed rules may qualify for the federal consolidated Work Opportunity Tax Credit – which includes tax credits for an employer that hires an individual who is (1) a qualifying Hurricane Katrina employee, (2) a member of a qualifying family with long-term or recent receipt of Temporary Assistance to Needy Families payments, (3) a qualifying food stamp recipient, (4) a qualifying veteran, (5) a qualifying ex-felon, (6) a resident of a designated community, (7) a qualifying summer youth employee, (8) a qualifying recipient of vocational rehabilitative services, or (9) a qualifying recipient of Supplemental Security income.
Entities Affected by the Rule
These rules may affect any business that elects to pursue tax credits for qualifying activities in an enterprise zone designated by the Department. The qualifying activities include beginning or expanding operations in, relocating to, or making significant capital expenditures in the zone.
Estimate of Time Needed to Develop the Rule
The staff time needed to develop the rules is expected to range from 40 to 80 hours, depending upon the associated complexity. This includes research, rule drafting, and processing the rules through public hearings, legislative review, and adoption. There are no other resources necessary to promulgate the rules.
Commerce
Financial Resources for Businesses and Communities, Chs.
Comm 104—
Subject
Revises Chapter
Comm 133, relating to the Film Production Accreditation program.
Objective of the Rule
The intended rules would update this chapter to make it consistent with the portions of
2009 Wisconsin Act 28 that address this program. Those portions consist of changes to sections
71.07 (5f) and
(5h),
71.28 (5f) and
(5h), and
71.47 (5f) and
(5h) of the Statutes. This rulemaking may also include clarifying or updating the current rules to make them consistent with current industry and administrative practices.
Policy Analysis
The Department's current rules for tax credits for film productions address (1) the eligibility requirements for film productions to become accredited, (2) the documentation that must be submitted to receive accreditation and to receive acceptance of incurred expenses which are related to tax credits for producing a film production in Wisconsin, (3) the documentation that must be submitted to receive acceptance of incurred expenses which are related to tax credits for establishing a film production company in Wisconsin, (4) the Department's response to the submitted documentation, and (5) use of the Department's response when filing claims with the Department of Revenue for the corresponding tax credits.
The new rules are expected to include (1) narrowing the eligible productions to include only those with at least 35% of their budget spent in Wisconsin, (2) limiting the maximum tax credit in each year to $500,000, (3) expanding the credits to include expenses for operating a film production company in Wisconsin, and (4) imposing an application fee.
The alternative of not promulgating these rules would cause this chapter to remain inconsistent with the current Statutes.
Statutory Authority
Comparison with Federal Regulations
Neither the Department nor the Department of Revenue is aware of any existing or proposed federal regulation that addresses these tax credits.
Entities Affected by the Rule
The proposed rules may affect any entity that elects to pursue tax credits for expenses relating to film production services or to establishing or operating a film production company.
Estimate of Time Needed to Develop the Rule
The staff time needed to develop the rules is expected to range from 120 to 180 hours, depending upon the associated complexity. This includes research, rule drafting, and processing the rules through public hearings, legislative review, and adoption. There are no other resources necessary to promulgate the rules.
Regulation and Licensing
Subject
Revises Chapter
RL 7, relating to the Impaired Professionals Procedure (IPP).
Objective of the Rule
The Department of Regulation and Licensing established a task force to review the Impaired Professionals Procedure (IPP), which is designed to protect the public from credential holders who are impaired by reason of their abuse of alcohol or other drugs. The IPP Task Force created recommendations that have been reviewed by the department, boards and affiliated credentialing boards.
Policy Analysis
Revisions to modernize and improve the IPP will be based on the task force recommendations, the consultation provided by boards, and additional considerations that may be raised during the rule-making process, including available resources.
Statutory Authority
Comparison with Federal Regulations
There is none.
Entities Affected by the Rule
The Department of Regulation and Licensing, examining and affiliated examining boards attached to the department, boards and affiliated credentialing boards, licensed professionals, applicants, employers of licensed professionals, and entities engaged to perform monitoring and evaluation services on behalf of the department.
Estimate of Time Needed to Develop the Rule
200 hours.
Transportation
Subject
Creates Chapter
Trans 198, relating to convenience fees for credit card, debit card, and other electronic payment methods.
Objective of the Rule
2009 Wis. Act 28 allows the Department to accept payments by credit card, debit card, or any other electronic payment mechanism, for fees required to be paid to the Department under chs.
194,
218,
341,
342,
343, or
348, Stats., which are motor vehicle statutes.
Section
85.14, Stats., permits the Department to charge a convenience fee for transactions paid by these methods, in an amount to be established by rule. The convenience fee shall approximate the cost to the Department for providing this service to persons who request it.
This rule making, creating ch.
Trans 198, establishes the Department's interpretation of ss.
85.14 and
20.395 (5) (cg), Stats., and establishes the method that the convenience fee is determined and published.
The proposed rule will consolidate all Division of Motor Vehicles rules relating to convenience fees for credit card, debit card, and other electronic payment methods. Therefore, this rule making will relocate into the proposed rule the provisions that are currently established as sections
Trans 196.04 (1) (d) and
250.04.
Policy Analysis
The Department has currently established a convenience fee for internet registration renewal and internet application of oversize/overweight permits. The convenience fee is determined by the Department annually based on the cost of providing the service, up to a maximum amount stated in the rule, and the fee is published on the Department's web site and in communications that the Department sends to the generally affected populations.
The Department will use similar methodology for this rule.
The Department would like to establish a convenience fee amount that is as uniform as possible, and yet the Department also realizes the convenience fee amount should reasonably relate to the product fee amount, as well as to the cost of providing electronic payment option.
In this rule making, the Department will determine the fee structure for the convenience fee. Examples of issues that the Department will consider: whether the various DMV fee transactions fall into categories which logically are charged a single categorical convenience fee; or whether certain transactions appropriately are removed from a categorical fee structure and instead charged a convenience fee that is a percentage of the DMV transaction amount; and to what degree costs associated with providing electronic payment are similar for different products.
Statutory Authority
Comparison with Federal Regulations
No federal regulations relate to this rule making.
Entities Affected by the Rule
Wisconsin individuals and businesses that receive products from the Division of Motor Vehicles. Businesses that provide electronic payment methods.
Estimate of Time Needed to Develop the Rule
120 hours
