Rule-Making Notices
Notice of Hearing
Agriculture, Trade and Consumer Protection
The Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) announces that it will hold public hearings on an emergency rule relating to ch.
ATCP 161, the “grow Wisconsin dairy producer" grant and loan program.
DATCP will hold one public hearing at the time and place shown below.
Hearing Information
Date: Tuesday, March 12, 2013
Time: 10:00 a.m. to 12:00 p.m.
Location: Board Room (1st Floor)
Department of Agriculture, Trade and
Consumer Protection
2811 Agriculture Drive
Madison, WI, 53718-6777
DATCP invites the public to attend the hearing and comment on the emergency rule.
Hearing impaired persons may request an interpreter for this hearing. Please make reservations for a hearing interpreter by March 1, 2013, by writing to Marty Grosse, Division of Agriculture Development, P.O. Box 8911, Madison, WI 53708-8911; by emailing
marty.grosse@wisconsin.gov. or by telephone at (608) 224-5051. Alternatively, you may contact the DATCP TDD at (608) 224-5058. The hearing facility is handicap accessible.
Availability of Rules and Submitting Comments
Following the public hearings, the hearing record will remain open until March 19, 2013, for additional written comments. Comments may be sent to the Division of Agricultural Development at the address below, or to
marty.grosse@wisconsin.gov or to
http://adminrules. wisconsin.gov.
Comments or concerns relating to small business may also be addressed to DATCP's small business regulatory coordinator Keeley Moll at the address above, by email to
keeley.moll@wisconsin.gov, or by telephone at (608) 224-5039.
You can obtain a free copy of the emergency rule and related documents by contacting the Wisconsin Department of Agriculture, Trade and Consumer Protection, Division of Agriculture Development, 2811 Agriculture Drive, P.O. Box 8911, Madison, WI 53708. You can also obtain a copy by calling (608) 224-5051 or by emailing
marty.grosse@wisconsin.gov. Copies will also be available at the hearing. To view the emergency rule online, go to:
http://adminrules.wisconsin.gov.
Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection
This emergency rule implements the “grow Wisconsin dairy producer" grant and loan program created under s.
20.115 (4) (d) and
93.40 (1) (g), Stats., by
2011 Wisconsin Act 32 (biennial budget act). Under s.
93.40 (1) (g), Stats., the Department of Agriculture, Trade and Consumer Protection (“DATCP") is authorized to award grants and loans to dairy producers for projects designed to promote the growth of the dairy industry. The budget act transferred an annual appropriation of $200,000 for each year of the biennium from the then Department of Commerce to DATCP. (See s.
20.115 (4) (d), Stats.)
This emergency rule does all of the following:
• Authorizes DATCP to make grant and loan awards and distribute grant and loan funds appropriated for the “grow Wisconsin dairy producer" grant and loan program.
• Specifies the procedures and criteria that DATCP will use to evaluate grant and loan proposals, make grant and loan awards and distribute grant and loan payments.
• Specifies the purposes for which grant and loan funds may be used, subject to the terms of the grant or loan contract.
Statutes interpreted
Statutory authority
Explanation of statutory authority
Section
93.07 (1), Stats., directs DATCP to make such regulations as are necessary for the discharge of all the powers and duties of the department. While granting the authority to make grants and loans to dairy producers, the budget language does not specify the bases for grant and loan determinations. The agency considers it necessary to adopt rules to establish the bases for grant and loan determinations in order to effectuate the purposes of s.
20.114 (4) (d) and
93.40 (1) (g), Stats. This temporary emergency rule implements the “grow Wisconsin dairy producer" grant and loan program on an interim basis, pending the adoption of “permanent" rules.
Related rules or statutes
There are no directly related rules or statutes, other than those cited above. DATCP rules for the “grow Wisconsin dairy producer" grant and loan program will be incorporated as a subchapter of ch.
ATCP 161, Wis. Adm. Code (agricultural development and market promotion).
Plain language analysis
The “grow Wisconsin dairy producer" grant and loan program is designed to promote the growth of the dairy industry by providing grants and loans to dairy producers. The biennial budget act transferred $200,000 in grant funding for each year of the FY 2011-13 fiscal biennium. This emergency rule spells out grant and loan procedures and criteria. Under this emergency rule, the “grow Wisconsin dairy producer" grant and loan program will support projects proposed by dairy producers intended to expand and diversify the dairy industry.
Grant and Loan Purposes
Under this emergency rule, DATCP may award grants and loans for projects that create, expand, diversify or promote any of the following:
• New capital investment in the dairy industry.
• New technologies or practices related to dairy production.
• Improvement of the competitive position of the Wisconsin dairy industry.
• Efficient use of farmland and other agricultural resources for dairy production.
• Employment in the dairy industry.
Grant and Loan Limits
Under this emergency rule, DATCP may award no more than $50,000 of grant funding nor more than $200,000 in loans to any person or entity in any state fiscal biennium. Once DATCP makes a grant award, DATCP may make the actual grant payments over an original contract term of up to 3 years. Loan awards may be for a term of up to 7 years.
Matching Contribution
DATCP may give preference to applicants providing matching funds which may be in the form of capital, land, labor, equipment or cash related to the grant or loan project.
Use of Grant and Loan Funds
Under this emergency rule, grant funds may be used to reimburse any of the following expenses if those expenses are a reasonable and necessary part of the grant project:
• Operating expenses, including expenses for salaries and wages, contract and consulting services, travel, supplies and public information.
• Equipment rental.
• The purchase of equipment whose full value is ordinarily depreciable within one year.
Grant funds may not reimburse any of the following expenses:
• Real estate purchases.
• Repayment of loans or mortgages.
• Rent or contract payments for time periods extending beyond the term of the grant contract.
• Equipment purchases, except for certain equipment purchases and depreciation expenses specifically authorized by this rule.
• Administrative or overhead costs that are not direct costs of the grant project.
Loan funds are subject to the same use limitations as grant funds except that loan funds may be used for purchase of land and equipment without restriction so long as the purchase is related to the loan project.
Grant and Loan Proposals
Under this emergency rule, DATCP must issue at least one request for grant and loan proposals in each state fiscal biennium (DATCP may issue more frequent requests, if it chooses to do so). The request for proposals must describe the required form and content of grant and loan proposals, and must specify a deadline for submitting grant and loan proposals. Applicants must submit grant and loan proposals to DATCP, in the manner prescribed by DATCP's request for proposals.
Grant and Loan Awards
Under this emergency rule, DATCP must evaluate grant and loan proposals and issue its grant awards within 90 days after receipt of a complete proposal. DATCP must clearly identify each award recipient, the amount of the award, and the purposes for which the award is given. DATCP must consider all of the following criteria when evaluating grant proposals and making grant and loan awards:
• The extent to which a proposed project will benefit the dairy industry.
• Whether the proposal complies with DATCP's request for proposals.
• Whether the proposed project meets the standards prescribed in this emergency rule.
• The viability of the proposed project.
• The management and technical qualifications of the grant applicant.
• The qualifications of the persons who will carry out the project.
• The financial capacity of the grant applicant to complete the project as proposed.
• The adequacy of the project plan and budget.
• Whether the grant proposal adequately identifies the nature of project expenses to be reimbursed under the proposed grant.
Grant Contracts
Under this emergency rule, DATCP must enter into a contract with a grant or loan recipient before distributing any funds to that recipient. The contract must spell out grant or loan terms and conditions, including performance requirements, reporting requirements and payment terms.
Grant Payments
Under this emergency rule, DATCP may distribute grant funds in one or more payments, based on documented progress toward completion of the grant project. Loan funds may be distributed upon execution of the loan contract. The contract must describe payment terms and conditions. DATCP may require a grant and loan recipient to file progress reports and require grant recipients to submit expense documentation as necessary to support grant payments.
Fiscal impact
This emergency rule will have a fiscal impact on DATCP operations. Under this emergency rule, DATCP must issue at least one request for grant proposals in each state fiscal biennium. DATCP staff must review grant applications, recommend grant awards, administer grants, and ensure compliance with applicable requirements. DATCP staff will also provide technical assistance to grant and loan applicants and recipients, as appropriate.
Program administration will occupy at least .5 FTE staff in DATCP's Division of Agricultural Development (this does not include legal, managerial, DATCP central accounting, or other indirect staff support). The cost for the .5 FTE staff will be $50,000 per year, including salary, fringe benefits and support costs (there will be a smaller proportionate cost for the remainder of the current fiscal year). DATCP will try to fill program staffing needs by shifting current staff from other agricultural development programs.
Analysis and supporting documents used to determine effect on small businesses
DATCP worked with representatives of various dairy producer groups to develop standards for grant and loan determinations that most effectively assist dairy producers, which are mostly small businesses.
Business impact
The “grow Wisconsin dairy producer" grant and loan program is voluntary and thus imposes no cost on businesses. By providing $200,000 in grant and loan funding to dairy producers, the “grow Wisconsin dairy producer" grant and loan program will benefit dairy farms, other dairy businesses and communities that participate in production, distribution or marketing of dairy products. Grant and loan recipients will benefit directly, while others will benefit indirectly from the creation of a stronger dairy industry. DATCP plans to use application procedures that will make the cost of applying insignificant and particularly make it possible for small businesses to apply for funding without hiring consulting services.
Federal and surrounding state programs
Federal Programs
There are currently no similar federal programs.
Surrounding State Programs
The Minnesota Dairy Development and Profitability Enhancement program awards $200,000 annually in grants of up to $5,000 per dairy producer to cover half the cost of a comprehensive business plan to evaluate farm start-up, modernization and expansion.
In 2009-2010, 50 Minnesota producers were selected to share $1 million in grants aimed at boosting the state's livestock sector with projects that include renovation of milking facilities, barn upgrades, technology modernization, improved waste management systems and business transitions.
There are no similar programs in Illinois, Indiana, Iowa, or Michigan.
Data and analytical methodologies
DATCP worked with representatives of various dairy producer groups to develop standards for grant and loan determinations contained in this emergency rule.
DATCP Contact
Questions and comments related to this rule may be directed to Marty Grosse, Department of Agriculture, Trade and Consumer Protection, P.O. Box 8911, Madison, WI 53708-8911, (608) 224-5051,
marty.grosse@wisconsin.gov.
Notice of Hearing
Safety and Professional Services
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Department in ss.
102.02 (1),
101.985,
145.02 (4) (a),
227.10 (1) and
227.11 (2) (a), Stats., and interpreting ss.
101.02 (1),
101.985,
145.02 (4) (a),
227.10 (1) and
227.11 (2) (a), Stats., the Department will hold a public hearing at the time and place indicated below to consider an order to order to repeal ss.
SPS 305.003 (62),
SPS 305.02 Table 305.02 line 50, SPS 305.06 Table 305.06 line 45, SPS 305.72, SPS 305.993 (1) (c), and SPS 345.70 (1); to renumber SPS 345.70 (2) to (5); to amend SPS 305.325 (4) Note, SPS 305.91 (3) (a), and SPS 305.92 (3); to repeal and recreate ss.
SPS 305.003 (15),
SPS 305.70 (1),
SPS 305.992 (1) (c), and
SPS 345.10 (2) Note 1.; and to create s.
SPS 305.70 (1) Note, relating to credentials for HVAC contractors, refrigerant handling technicians, master plumbers, and elevator mechanics.
Hearing Information
Date: Monday, March 11, 2013
Time: 9:00 a.m.
Location: 1400 East Washington Avenue
Room 121A
Madison, WI
Appearances a 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 Safety and Professional Services, Division of Policy Development, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received at or before March 21, 2013 to be included in the record of rule-making proceedings.
Place Where Comments Are to be Submitted and Deadline for Submission
Comments may be submitted to James Quast, Program Manager, Department of Safety and Professional Services, Division of Board Services, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, WI 53708-8935, or by email to
Jim.Quast@wisconsin.gov. Comments must be received at or before March 21, 2013 to be included in the record of rule-making proceedings.
Copies of Rule
Copies of this proposed rule are available upon request to Shawn Leatherwood, Department of Safety and Professional Services, Division of Board Services, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708, or by email at
Shancethea.Leatherwood@wisconsin.gov.
Analysis Prepared by the Department of Safety and Professional Services
Statutes interpreted
Statutory authority
Explanation of agency authority
Under various provisions of chapters 101 and 145, Stats., the department establishes credentialing qualifications and standards for entities and individuals involved with the construction trades.
2011 Wisconsin Act 146 revised statutory provisions relating to individuals seeking to take a master plumber licensing exam and qualifying for an elevator mechanic license. The Act also repeals the provisions relating to ozone-depleting refrigerants and the authority to credential refrigerant handling technicians.
Related statute or rule
Chapter
SPS 345, Mechanical Refrigeration.
Plain language analysis
The proposed rules repeal credentialing provisions established for entities and individuals that handle ozone-depleting refrigerants with the installation and servicing of air conditioning and refrigerant equipment and systems. The proposed rules eliminate the state credentialing provisions for refrigerant handling technicians under s.
SPS 305.72 and revise provisions s.
SPS 305.70 eliminating the need for HVAC contractor registration with respect to ozone-depleting refrigerants. Corresponding rule revisions are also proposed under chapter SPS 345, Mechanical Refrigeration. Individuals and entities dealing with ozone-depleting refrigerants still must comply with federal obligations including certification.
Reflecting the provisions of
2011 Wisconsin Act 146, the proposed rules create another avenue to qualify for an elevator mechanic license, and revise the experience qualifications for a master plumber's exam from consecutive years to overall years.
Summary of, and comparison with, existing or proposed federal regulation
Federal regulations, under section 608 of the federal Clean Air Act and title
40 CFR part 82, subpart F, require individuals who install or service HVAC equipment involving ozone-depleting refrigerants to hold a Type I, II, III or Universal technician certification.
An internet search on U.S. federal regulations and U.S. federal register yielded no results regarding the licensing of plumbers and elevator mechanics.
Comparison with rules in adjacent states
An internet search of the respective states' web sites indicate:
Illinois:
The state does not require a specific license or certification to perform installation or service work pertaining to cooling or refrigeration equipment and systems including working with ozone-depleting refrigerants.
The state does not have a master plumber license category; only a general plumber's license. The state's qualifying provisions for plumber's license applicants indicate just overall years of experience.
Elevator mechanic licensing is under the Office of the Illinois State Fire Marshall. Under the Elevator Safety and Regulation Act there are currently four avenues to obtain the license including completion of the mechanic examination of a nationally recognized training program for the elevator industry, such as the National Elevator Industry Educational Program or its equivalent.
Iowa:
The state has a single board licensing category that covers plumbing, HVAC refrigeration and hydronic systems. A “licensed master" is to be responsible for the work. Applicants for a “master" license must pass an exam. The licensing provisions are not specific to ozone-depleting refrigerants nor are individual state certifications necessary.
The state does not administer a licensing program for elevator work.
Michigan:
The state requires a mechanical contractor license to perform alterations, repairs or installation of heating/cooling/ventilating/ or refrigerating equipment/ systems. The licensing provisions are not specific to ozone-depleting refrigerants.
The state's qualifying provisions for master plumber license applicants indicate just overall years of experience as a journeyman plumber.
In order to take the state's elevator journeyman license exam an applicant must have 3 continuous years of experience which may include employment as a supervisor of elevator construction or service.
Minnesota:
The state's stratospheric ozone protection rules under Chapter 7027 refer to the federal certification standards under the Clean Air Act and title
40 CFR part 82.
The state's qualifying provisions for master plumber license applicants indicate just overall years of experience.
The state does not issue a specific license for individuals who install or service conveyances; electrical aspects are covered by electrical licensing provisions.
Summary of factual data and analytical methodologies
The proposed rules were developed in light of
2011 Wisconsin Act 146 which repealed s. 101.177, Stats., relating to ozone-depleting refrigerants. The Act also revised statutory provisions relating to plumbing licenses and elevator mechanic licenses. The Act was compared with the corresponding provisions of chapter SPS 305.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis
The proposed rule action follows the direction provided by
2011 Wisconsin Act 146 in repealing s.
101.177, Stats., that eliminates the state certification mandate for refrigerant handling technicians.
Effect on Small Business
Pursuant to Executive Order 50, the proposed rules were posted on both the state's and department's administrative rule websites for 14 days to solicit comments regarding potential economic impacts on businesses, business sectors, professional associations, local governmental units, or interested parties. No comments were received as a result of the solicitations.
The proposed rules implement the direction of
2011 Wisconsin Act 146 regarding the credentialing of refrigerant handling technicians, HVAC contractors, plumbers and elevator mechanics. The Act and the proposed rules eliminate the state mandate for credentials relating to ozone-depleting refrigerants. The current credential fees are: refrigerant handling technician $20 for a 4-year certification, and HVAC contractor $160 for a 4-year registration.
The department does not believe that the proposed rules will create an impact on small businesses any differently than the mandates of the Act.
The Department's Regulatory Review Coordinator may be contacted by email at
Greg.Gasper@wisconsin.gov, or by calling (608) 266-8608.
Initial Regulatory Flexibility Analysis or Summary
None.
Fiscal estimate and Economic Impact Analysis
The Fiscal Estimate and Economic Impact Analysis is attached.
Environmental Assessment/Statement
None.
Agency Contact Person
James Quast, Program Manager, Department of Regulation and Licensing, Division of Board Services, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, Wisconsin 53708; telephone (608) 266-9292; email at
jim.quast@wisconsin.gov.
STATE OF WISCONSIN
DEPARTMENT OF ADMINISTRATION
DOA-2049 (R03/2012)
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Division of Executive Budget and Finance
101 East Wilson Street, 10th Floor
P.O. Box 7864
Madison, WI 53707-7864
FAX: (608) 267-0372
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ADMINISTRATIVE RULES
Fiscal Estimate & Economic Impact Analysis
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1. Type of Estimate and Analysis
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X Original ⍽ Updated ⍽ Corrected
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2. Administrative Rule Chapter, Title and Number
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Chapter SPS 305, Licenses, Certifications and Registrations.
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3. Subject
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Trade Credentials, master plumbers, elevator mechanics, and refrigerant handling technicians.
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4. Fund Sources Affected
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5. Chapter 20, Stats. Appropriations Affected
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⍽ GPR
⍽ FED
X PRO
⍽ PRS ⍽ SEG ⍽ SEG-S
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6. Fiscal Effect of Implementing the Rule
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⍽ No Fiscal Effect
⍽ Indeterminate
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⍽ Increase Existing Revenues
X Decrease Existing Revenues
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⍽ Increase Costs
⍽ Could Absorb Within Agency's Budget
⍽ Decrease Cost
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7. The Rule Will Impact the Following (Check All That Apply)
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⍽ State's Economy
⍽ Local Government Units
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⍽ Specific Businesses/Sectors
⍽ Public Utility Rate Payers
⍽ Small Businesses (if checked, complete Attachment A)
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8. Would Implementation and Compliance Costs Be Greater Than $20 million?
⍽ Yes
X No
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9. Policy Problem Addressed by the Rule
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The proposal revises rules to be consistent with provisions under 2011 Wisconsin Act 146 relating to the licensing of several trade credentials, plumbers, elevator mechanics and refrigerant handling technicians.
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10. Summary of the businesses, business sectors, associations representing business, local governmental units, and individuals that may be affected by the proposed rule that were contacted for comments.
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The proposed rule revisions would affect applicants for master plumber licenses and for elevator mechanic licenses. The rules would also eliminated the credentials needed for individuals and entities working with ozone-depleting refrigerants; those being refrigerant handling technicians and HVAC contractors.
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11. Identify the local governmental units that participated in the development of this EIA.
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The credentials and their processing are a state function and do not involve local government administration. The Department did not receive any comments or information from any source during the EIA solicitation period.
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12. Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
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The department does not believe that the proposed rules will create an impact on small businesses any differently than the mandates of the Act.
The Department will realize an annual average loss $52,000 with the elimination of the refrigerant handling technician certification credential.
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13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
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The proposed rules provide consistency with statutory provisions as affected by 2011 Wisconsin Act 146.
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14. Long Range Implications of Implementing the Rule
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No long range implications of implementing the rules are anticipated.
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15. Compare With Approaches Being Used by Federal Government
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Federal regulations, under section 608 of the federal Clean Air Act and title 40 CFR part 82, subpart F, require individuals who install or service HVAC equipment involving ozone-depleting refrigerants are require to hold a Type I, II, III or Universal technician certification.
An internet search on U.S. federal regulations and U.S. federal register yielded no results regarding the licensing of plumbers and elevator mechanics.
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16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
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An internet search of the respective states' web sites indicate:
Illinois: The state does not require a specific license or certification to perform installation or service work pertaining to cooling or refrigeration equipment and systems including working with ozone-depleting refrigerants.
The state does not have a master plumber license category; only a general plumber's license. The state's qualifying provisions for plumber license applicants indicate just overall years of experience.
Elevator mechanic licensing is under the Office of the Illinois State Fire Marshall. Under the Elevator Safety and Regulation Act there are currently four avenues to obtain the license including completion of the mechanic examination of a nationally recognized training program for the elevator industry, such as the National Elevator Industry Educational Program or its equivalent.
Iowa: The state has a single board licensing category that covers plumbing, HVAC refrigeration and hydronic systems. A “licensed master" is to be responsible for the work. Applicants for a “master" license must pass an exam. The licensing provisions are not specific to ozone-depleting refrigerants nor are individual state certifications necessary.
The state does not administer a licensing program for elevator work.
Michigan: The state requires a mechanical contractor license to perform alterations, repairs or installation of heating/cooling/ventilating/ or refrigerating equipment/systems. The licensing provisions are not specific to ozone-depleting refrigerants.
The state's qualifying provisions for master plumber license applicants indicate just overall years of experience as a journeyman plumber.
In order to take the state's elevator journeyman license exam an applicant must have 3 continuous years of experience which may include employment as a supervisor of elevator construction or service.
Minnesota: The state's stratospheric ozone protection rules under Chapter 7027 refer to the federal certification standards under the Clean Air Act and title 40 CFR part 82.
The state's qualifying provisions for master plumber license applicants indicate just overall years of experience.
The state does not issue a specific license for individuals who install or service conveyances; electrical aspects are covered by electrical licensing provisions.
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17. Contact Name
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18. Contact Phone Number
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James Quast
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(608) 266-9292
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This document can be made available in alternate formats to individuals with disabilities upon request.
