• 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.
