Scope Statements
Agriculture, Trade and Consumer Protection
Subject
Revises Chapter
ATCP 21, relating to Thousand Canker Disease (Pest Control).
Objective of the Rule
This rule will do the following:
•
Establish a quarantine that will restrict the movement of untreated black walnut wood items (regulated items) into Wisconsin from or through states and provinces known to be affected by Thousand Canker Disease (TCD). TCD kills black walnut trees.
•
Provide an exemption for items that have been inspected and certified by a pest control official and are accompanied by a written certificate issued by the pest control official (some products, such as nursery stocks, cannot be given an exemption).
•
Provide an exemption for businesses that enter into a state compliance agreement. The compliance agreement spells out what a company can and cannot do with regulated articles.
Policy Analysis
DATCP administers laws related to the control of plant pests. DATCP has authority under s.
93.06 (1p), Stats. to provide inspection and testing services related to all DATCP programs. DATCP has authority under s.
93.07 (12), Stats. to conduct surveys and inspections for the detection and control of pests injurious to plants, and to make, modify, and enforce reasonable rules needed to prevent the dissemination of pests. DATCP also has plant inspection and pest control authority under s.
94.01, Stats. DATCP may by rule impose restrictions on the importation or movement of serious plant pests, or items that may spread serious plant pests.
TCD is caused by a fungus, Geosmithia morbida, that affects the tree via the walnut twig beetle (Pityophthorous juglandis). TCD was first observed in New Mexico in the 1990's and has spread throughout the west causing dieback and mortality in eastern black walnut trees. The first known mortality from TCD was found in Colorado in 2003 and TCD has killed black walnut trees in eight western states during the past decade and is considered widespread in those areas. In July 2010, TCD was confirmed in the Knoxville, Tennessee area. The Tennessee infestation is the first find of TCD east of the Mississippi, in the native range of the host.
The TCD pest complex is carried by untreated black walnut wood products. The most common pathway for introduction of T CD is raw wood, including logs, burls, stumps, firewood, and wood packing material. Nursery stock and natural spread are other potential pathways. Movement of untreated wood from western states to the east is uncommon, but does occur. Campgrounds and sawmills may be the most likely pathways for the eastern movement of TCD.
Currently there are no known insecticide sprays that reliably control this disease. Some techniques directed at the vector ultimately may prove to be useful in suppressing the rate of disease spread. However, it may be unlikely that effective treatments will be found that can control walnut twig beetles once tree attacks have begun.
There are approximately 18.4 million black walnut trees in Wisconsin, with over 13% found in the southeastern part of the state. Black walnut lumber is extremely valuable. Wisconsin exports to other countries approximately 362,602.45 board feet of Black walnut veneer logs and 361,301.00 board feet of Black walnut lumber for an estimated $2 million in exports annually. The estimated dollar figure for in-country sales is similar.
This rule will establish a quarantine for TCD to protect the black walnut resource in Wisconsin. Regulated items, including hardwood firewood, will not be allowed into Wisconsin from states or provinces known to be affected by TCD.
Policy Alternatives
If DATCP does nothing, Wisconsin's black walnut resource will be increasingly vulnerable to TCD. If TCD is found in Wisconsin, it could kill all 18.4 million trees and eliminate over $4 million in international and national exports annually.
Statutory Authority
Comparison with Federal Regulations
In order to limit the spread of TCD, several states, including Kansas, Missouri, Nebraska and Michigan enacted quarantines for TCD. Currently there is no federal quarantine for the pathogen or the insect vector. DATCP rules currently prohibit imports from any federally quarantined area, except under authorized conditions. This proposed rule is consistent with current state and federal rules.
Entities Affected by the Rule
This rule will affect any person or business in a state or province known to be affected with TCD that brings the regulated articles to or through Wisconsin.
Estimate of Time Needed to Develop the Rule
DATCP estimates that it will use approximately 0.1 FTE staff time to develop these rules. 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.
Commerce
Licenses, Certifications and Registrations,
Ch.
Comm 5
Subject
Revises Chapter
Comm 5, relating to the rules and procedures for licenses, certifications and registrations.
Objective of the Rule
One objective of the rulemaking project is to evaluate the rules in order to improve the efficiency in the department's processing of the various licenses, certifications and registrations procedures. Another objective is to review the rules for consistency in light of statutory revisions that have occurred such as the statutory revision for the definition of “plumbing" and the elimination of term “indentured" regarding apprentices and apprenticeships. The rules are also to be reviewed for clarity and consistency.
A specific objective would be to establish continuing education obligations for automatic fire sprinkler testers.
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
Chapter
Comm 5 establishes licensing, certification and registration programs for a variety of building trades, both for individuals and businesses. The current rules establish provisions for the activities, qualifications, exams, responsibilities and renewal obligations for the various credentials.
Not evaluating and updating chapter Comm 5 periodically would not provide the department the opportunity to increase efficiencies in the processes relating to the issuance and renewal of credentials.
Statutory Authority
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 activities to be regulated under the rules.
Entities Affected by the Rule
The current rules of Chapter
Comm 5 cover blasters, firework manufacturers, building contractors, dwelling contractors, HVAC contractors, welders, electricians, inspectors, plumbers, elevator and lift installers, automatic fire sprinkler installers, refrigerant handling technicians, soil testers, automatic fire sprinkler testers, manufactured home manufacturers, dealers, salespersons and installers, and liquefied gas suppliers.
Estimate of Time Needed to Develop the Rule
The department estimates approximately 400 hours will be needed to perform the review and develop any needed rule changes. This time includes meeting with various 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.
Government Accountability Board
Subject
Repeals and recreates Chapter
GAB 4, relating to the conduct and regulation of election observers to monitor compliance with election laws by local election officials.
Objective of the Rule
To repeal the Government Accountability Board's existing rule, Chapter
GAB 4, Election Observers, and to recreate it as a new rule implementing s.7.41, Stats., Public's right to access, and s.6.855, Stats., Alternate absentee ballot sites, to clarify standards of conduct applicable to persons who are present at a polling place, or elsewhere, for the purpose of observing all public aspects of an election, including voting, and the counting and canvassing of ballots.
Policy Analysis
Existing Ch.
GAB 4 was originally adopted to implement s.
7.39, Stats., relating to the appointment of election observers at polling places in a municipality. Subsequently, the legislature enacted a much broader statute, s.7.41, Stats., which expanded the class of persons who may observe the proceedings at a polling place to include “any member of the public," and repealed s.7.39, Stats.
In
2005 Act 451, the Wisconsin Legislature expanded the number of locations at which observers had the right to observe elections to include “the office of any municipal clerk whose office is located in a public building on any day that absentee ballots may be cast in that office, or at an alternate site under s.
6.855, Stats., on any day that absentee ballots may be cast at that site for the purpose of observation of an election and the absentee ballot voting process."
The Government Accountability Board now needs to promulgate a new rule implementing the amended s.
7.41, Stats., and new s.
6.855, Stats., by setting forth standards of conduct applicable to persons who are present at a polling place, or elsewhere, for the purpose of observing all public aspects of an election, including voting, and the counting and canvassing of ballots.
Statutory Authority
Comparison with Federal Regulations
