Scope statements
Agriculture, Trade and Consumer Protection
Subject
The Department of Agriculture, Trade and Consumer Protection gives notice, pursuant to s.
227.135, Stats., that it proposes to modify an administrative rule as follows: Pesticide Product Restrictions; Atrazine Pesticides.
Objective of the rule. Regulate the use of atrazine pesticides to protect groundwater and assure compliance with Wisconsin's Groundwater Law. Update current rule to reflect groundwater-sampling results obtained during the past year. Renumber and reorganize the current rule, as necessary.
Policy analysis
DATCP must regulate the use of pesticides to assure compliance with groundwater standards under ch.
160, Stats. Groundwater standards are established by the Department of Natural Resources under ch.
NR 140, Wis. Adm. Code. DNR has established a groundwater enforcement standard of 3
mg/liter for atrazine and its chlorinated metabolites.
DATCP must prohibit atrazine uses that result in groundwater contamination levels that exceed the DNR enforcement standard under s.
160.25, Stats. DATCP must prohibit atrazine use in the area where the groundwater contamination has occurred unless DATCP determines to a reasonable certainty, based on the greater weight of credible evidence, that alternative measures will achieve compliance with the DNR enforcement standard.
Currently, under ch.
ATCP 30, Wis. Adm. Code, the use of atrazine is prohibited in 102 designated areas (approximately 1,200,000 acres), including large portions of the Lower Wisconsin River Valley, Dane County and Columbia County. The current rules also restrict atrazine use rates and handling practices, including the timing of applications on a statewide basis. The statewide restrictions are designed to minimize the potential for groundwater contamination, as required under s.
160.25, Stats.
Over the next year, DATCP may identify additional wells containing atrazine and its chlorinated metabolites at and above the current DNR enforcement standard. In order to comply with ch.
160, Stats., DATCP must take further action to prohibit or regulate atrazine use in the areas where these wells are located. DATCP proposes to amend ch.
ATCP 30, Wis. Adm. Code to add or remove prohibition areas or take other appropriate regulatory action in response to any new groundwater findings.
Policy alternatives
No Change. If DATCP takes no action, current rules will remain in effect. However, DATCP would take no new regulatory action in response to new groundwater findings obtained this year. This would not adequately protect groundwater in the newly discovered contaminated areas, nor would it meet DATCP's statutory obligations. Conversely, DATCP would be unable to repeal the current restrictions on atrazine use where indicated by groundwater findings.
Statutory authority
Staff time required
DATCP estimates that it will use approximately 0.6 FTE staff to develop this rule. This includes investigation, 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.
Financial Institutions - Banking
Subject
Chapter DFI—Bkg 17 relating to the process for the organization of interim banks under ch.
221, Stats.
Policy analysis
The objective of the rule is to create ch. DFI—Bkg 17. The purpose of the rule is to set forth the process for the organization of interim banks under ch.
221, Stats. The rule establishes documentation to be submitted to and issued by the division, and requirements regarding dissenters rights, capital structure and shareholders notices.
Statutory authority
Staff time required
80 hours.
Natural Resources
Subject
Revisions to ch.
NR 326, relating to piers, boat shelters and swim rafts in navigable waterways.
Policy analysis
The Department proposes to revise the Pier Standards of NR 326, to codify common law and existing guidelines regarding pier width and number of boats allowed. The Department also proposes to develop standards and definitions for public marinas and municipalities, in order to provide flexibility on pier dimensions and density for those facilities that serve a public purpose and/or provide public access.
The legislature has expressed interest in this issue in recent years, and proposed legislation to grandfather existing piers and require the Department to do rulemaking. Groups impacted will include waterfront property owners and developers, pier manufacturers and dealers, municipalities with waterfront development, marina operations, and citizens who use public waters for navigation, hunting and fishing.
Section
30.13, Stats. provides that a riparian proprietor may place a pier without a permit, as long as the pier does not interfere with public rights or those of other riparians, does not extend beyond a pierhead line or violate a local ordinance, and does not obstruct free movement of water. NR 326, Adm. Code contains standards for determining whether a pier will meet the 30.13 requirements, including pier length. A waterfront property owner's shoreline development is also limited by the common law concept of “reasonable use". Since NR 326 was adopted in 1981, the Bureau has issued Program Guidance to assist staff in evaluating whether a pier may interfere with public rights, and whether it constitutes a “reasonable use" of public waters. Guidelines for reasonable use were developed for pier width and allowable number of moored boats, and these guidelines have been in regular use for 12 years.
We propose to put these guidelines into NR326 as standards, in order to codify our continuing practice, simplify program implementation and enforcement, and provide fairness and clarity to waterfront owners who wish to place piers in public waters. As part of this effort, we will need to develop a mechanism to address existing structures, and create separate standards for public marinas and municipalities to allow some flexibility for facilities that provide public access.
Statutory authority
Staff time required
Department staff will need approximately 180 hours for this rule revision, not including time and travel for 6 proposed public hearings.
Natural Resources
Subject
Chapter
NR 542 pertaining to the Recycling Grants to Responsible Units.
Policy analysis
The revisions to ch.
NR 542, Recycling Grants to Responsible Units, will make the rule consistent with changes in Section
287.23, Wis. Stats. Chapter
NR 542 contains rules for administering recycling grants to Responsible Units. Responsible Units are comprised of one or more local units of government and can receive grants to offset eligible costs associated with the administration and operation of their approved recycling programs.
As now envisioned, ch.
NR 542 revisions will update the following rule sections: applicability; distribution of grant assistance; grant assistance application; grant payments; and dispute resolution and arbitration.
Statutory Authority
Staff time required
350 hours.
Psychology Examining Board
Subject
Objective of the rule. To clarify existing interpretations of rules and to provide more information to the profession in rule form. Because the Department of Regulation and Licensing is adopting a system of periodic rule submissions, this Scope Statement will serve as an umbrella for other relatively minor rule changes that may be identified and appropriately included for administrative efficiency.
Policy analysis
No important or controversial policies would be affected by these rule changes. At the time this Scope Statement is drafted, the topics include a note regarding the length of time to retain records, a clarification of the purposes for which a student should be considered a "client", a clarification of the residency requirement for an educational program, and the removal of confusing language regarding continuing education courses.
Statutory Authority
Staff time required
Rule development: 12 hours of staff time and 8 hours of section member time.
Changes to application forms and procedures: 4 hours of staff time.
