Scope Statements
Agriculture, Trade and Consumer Protection
Subject
Revises Chapter
ATCP 149, relating to Wisconsin's Potato Marketing Order.
Objective of the Rule
The Wisconsin Potato Board, a semi-autonomous marketing board administers the potato marketing order subject to the terms of the marketing order and other applicable statutes and rules. Board members are elected by affected potato growers by district. The Board spends producer assessments, collected under the marketing order, for purposes specified in the marketing order. Under the current marketing order the assessment on potato producers used to fund market development, research and educational programs currently has a cap of $0.06 per hundredweight of potatoes.
The rule may increase the cap on assessments to enable the Board to effectively promote the Wisconsin potato industry, and may alter the district representation to insure fair representation to affected potato growers.
Policy Analysis
DATCP may adopt marketing orders for agricultural commodities under ch.
96, Stats., and ch.
ATCP 140, Wis. Adm. Code. DATCP adopts and amends marketing orders by rule. Marketing orders, and marketing order amendments, must be approved in a referendum of affected producers.
A semi-autonomous marketing board, elected by affected producers, administers each marketing order (subject to the terms of the marketing order and other applicable rules). The marketing board spends producer assessments, collected under the marketing order, for purposes specified in the marketing order.
DATCP has adopted a Potato Marketing Order under ch.
ATCP 149, Wis. Adm. Code. The Wisconsin Potato Board, a producer-elected marketing board, administers the Potato Marketing Order. Under the marketing order, potato producers pay assessments on all potatoes produced and sold into commercial channels. Handlers, who purchase potatoes from producers, collect the assessments and pay them to the Wisconsin Potato Board. The Board uses the assessments to fund market development, research and educational programs related to potatoes.
The Wisconsin Potato Board has asked DATCP to amend the current Potato Marketing Order. In response to that request, DATCP proposes to consider the following amendments to the current marketing order:
•
Increase of the cap assessments to enhance market development, research, and education related to potatoes.
•
Changes to the election districts and number of members elected per district in order to assure fair representation for potato growers.
Policy Alternatives
If DATCP takes no action, the current Potato Marketing Order will remain in effect. The current election districts need to be altered to insure fair representation for potato growers and the increase in the cap on assessments is needed to enable the Board to meet the goals of improving the quality and promote the marketing of potatoes and the potato industry.
Statutory Authority
Entities Affected by the Rule
The entities directly affected are the potato growers who elect the members of the Wisconsin Potato Board and who pay assessments.
Comparison with Federal Regulations
There is a federal potato research and promotion plan administered by a National Potato Promotion Board that is appointed by the U.S. Secretary of Agriculture. The purpose of the federal program is to conduct promotion and research nationwide and to increase the export of potatoes. The authority for the federal program is
7 USC 2611-2627 and
7401. The federal program is supported by assessments of handlers and importers. The federal and the state marketing order program cooperate with and complement each other.
Estimate of Time Needed to Develop the Rule
DATCP estimates that it will use approximately 0.4 FTE staff to develop this rule. Staff time includes time involved in establishing a producer list, drafting rules, communicating with affected parties, holding public hearings, preparing documents and conducting a producer referendum. DATCP will use existing staff to develop this rule.
Commerce
Fee Schedule, Ch.
Comm 2
Licenses, Certifications and Registrations, Ch.
Comm 5
Subject
Revises Chapters
Comm 2 and
5, relating to fees.
Objective of the Rule
One objective under this project is to establish a fee for the department review of continuing education courses which fulfill license renewal obligations for a variety of individual license renewals under chapter Comm 5.
Another objective is to analyze the existing fees charged under various program services to ensure equity within the program and among the various programs.
The objectives of this rule project may be incorporated into more than one rule package and may include revisions to other chapters affected by the proposal.
Policy Analysis
Section
101.19, Stats., requires the Department to fix and collect fees by rule which shall, as closely a possible, equal the cost of providing services such as plan examination, inspections, and permits to operate. The fees for these services provided by the Safety and Buildings Division are contained in chapter Comm 2. The fees involved in the issuance of licenses, certifications and registrations are contained in chapter Comm 5.
Currently, the department does not charge fees for the review of continuing education courses that fulfill license renewal obligations under chapter Comm 5. Costs associated with such reviews are currently covered by credential fees. The proposed concept of charging specific course review fee is considered to be a more equitable way of covering the costs associated with the course review. Not charging a review fee would maintain the status quo, resulting in a less equitable fee collection system.
The analysis of program service fees is an issue of equity, so that one regulated group is not subsidizing the department services provided to another group.
Statutory Authority
Entities Affected by the Rule
The rule will potentially affect a wide variety of individuals and entities that utilize the Safety and Building Division's services. The Division is involved in the oversight of commercial buildings, new one- and 2- family dwellings, blasting, amusement rides, fireworks manufacturers, boilers, electric wiring, plumbing, public swimming pools, private onsite wastewater treatment systems, passenger ropeways, elevators, escalators, mines, pits and quarries and manufactured homes. The people affected by the rule would include building owners, designers and contractors and owners of the various mechanical devices. Under chapter Comm 5 the division issues licenses, certifications and registrations to approximately 65 different types of trade practices typically related to building construction. For example, the Division issues credentials to blasters, electricians and inspectors. The rules would not affect credential fees established by the statutes, such as license fees for plumbers and automatic fire sprinkler system installers.
Comparison with Federal Regulations
An internet-based search of the Code of Federal Regulations (CFR) and the Federal Register did not find any federal regulations relating to the licensing and continuing education activities to be regulated under the rules.
Estimate of Time Needed to Develop the Rule
The department estimates approximately 200 hours will be needed to perform the review and develop any needed rule changes. This time includes forming and meeting with advisory councils, if necessary, drafting the rule changes and processing the changes through public hearings, legislative review, and adoption. The department will assign existing staff to perform the review and develop the rule changes, and no other resources will be needed.
Commerce
Fee Schedule, Ch.
Comm 2
Licenses, Certifications and Registrations, Ch.
Comm 5
Flammable and Combustible Liquids, Ch.
Comm 10
Subject
Revises Chapters
Comm 2,
5, and
10, relating to training of operators of underground storage tank systems.
Objective of the Rule
The proposed rules would primarily implement the operator-training requirements issued by the United States Environmental Protection Agency in response to the federal Energy Policy Act of 2005.
Policy Analysis
The Department currently has rules for construction, maintenance and abandonment of storage tank systems for flammable, combustible or hazardous liquids – and has credential rules for several categories of contractors who perform those activities. However, those rules do not require any training for operators of these tank systems.
The proposed rules are expected to address (1) the operator-training requirements issued by the US EPA in response to the federal Energy Policy Act of 2005; (2) any corresponding changes that are needed in chapters Comm 2, 5 and 10 to effectively apply these requirements in Wisconsin; and (3) any other changes that may be needed in Comm 2, 5 or 10 as a follow-up to repealing and recreating Comm 10 in 2008.
The alternative of not promulgating these rules would conflict with a directive in Section 9010(b)(2) of the federal Solid Waste Disposal Act, as enacted in the federal Energy Policy Act of 2005, to develop these state-specific requirements; and would conflict with a US EPA mandate to develop these requirements by August 8, 2009.
Statutory Authority
Entities Affected by the Rule
