Scope Statements
Agriculture, Trade and Consumer Protection
This statement of scope was approved by the governor on April 3, 2014.
Rule No.
Relating to
The Cherry Marketing Order.
Rule Type
Permanent.
1. Description of the Objective of the Rule
This proposed rule would eliminate the Cherry Board election districts so that all board members are elected at large and reduce the number of board members from 7 to 5 to improve representation of cherry producers and more effectively achieve the purposes of Ch.
96, Stats.
2. Description of Existing Policies Relevant to the Rule and of New Policies Proposed to be Included in the Rule and an Analysis of Policy Alternatives; the History, Background and Justification for the Proposed Rule
History and background. The Cherry Marketing Order that currently exists provides for two election districts with 3 board members representing each district and one board member elected at large. Over the years the number of cherry producers has decreased to 33 producers and the distribution of producers has become concentrated primarily in what was the northern of the 2 districts.
Proposed policies. At the request of the Cherry Marketing Board, DATCP will explore changing the manner of representation to all at large representatives and a reduction of the number of representatives from 7 to 5 in order to achieve more equitable and effective representation for cherry producers. Any amendment to the marketing order must be approved at a referendum of the growers.
Policy Alternatives. Leave the current rule as it is with the same board membership and election districts and thereby fail to achieve more effective and more equitable representation for cherry growers.
3. Statutory Authority for the Rule (Including the Statutory Citation and Language)
93.07 Department duties. It shall be the duty of the department:
(1) REGULATIONS. To make and enforce such regulations, not inconsistent with law, as it may deem necessary for the exercise and discharge of all the powers and duties of the department, and to adopt such measures and make such regulations as are necessary and proper for the enforcement by the state of chs.
93 to
100.
96.15 Rules. The secretary may, in consultation with the appropriate marketing board or council, issue such rules as necessary to facilitate the administration and enforcement of this chapter.
4. Estimate of the Amount of Time that State Employees Will Spend to Develop the Rule and of Other Resources Necessary to Develop the Rule
DATCP estimates that it will use approximately 0.20 FTE staff to develop this rule. That 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.
5. Description of all Entities that may be Impacted By The Rule
This rule would affect cherry growers. The proposed rule would alter the manner of representation of cherry growers on the Cherry Marketing Board to achieve more effective and equitable representation. Any amendment to the marketing order including a proposal to alter the method of representation must be approved at referendum by a majority of all Wisconsin cherry growers.
6. Summary and Preliminary Comparison of any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Rule
There is a federal cherry marketing order program. The federal cherry marketing order program serves to promote orderly and efficient marketing of cherries in the United States. The state and federal programs are complementary and the state program works in close coordination with the federal program. The Department is not aware of any proposals pending to alter the federal cherry marketing program.
7. Anticipated Economic Impact
DATCP expects the proposed rule to have no economic impact statewide and locally.
Contact Person
Noel Favia, Marketing order Program Coordinator; Phone (608) 224-5140.
Lower Wisconsin State Riverway Board
This statement of scope was approved by the governor on March 28, 2014.
Rule No.
Relating to
Non-metallic mining in the lower Wisconsin riverway.
Rule Type
Permanent.
1. Detailed Description of the Objective of the Proposed Rule
An existing rule, Wis. Admin. Code s.
RB 2.07, prohibits non-metallic mining in the lower Wisconsin riverway, except for operations existing on October 21, 1989. Wisconsin Stat. s.
30.44 (3e) establishes statutory standards for approving applications to conduct non-metallic mining in the riverway. The Lower Wisconsin State Riverway Board (“the Board") does not presently have statutory authority to promulgate rules for non-metallic mining in the riverway. Wisconsin Stat. s.
227.10 (2m) precludes the Board from enforcing the rule in the absence of statutory authorization. There is presently no statutory authorization for the existing rule. The proposed rule would repeal Wis. Admin. Code s. RB 2.07, because statutory authority for the rule no longer exists.
3. Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
The provisions of Wis. Stat. s.
30.44 (3e) establish public policy regarding non-metallic mining in the lower Wisconsin riverway. The proposed repeal of Wis. Admin. Code s.
RB 2.07 would establish no new policy, but would bring the administrative rule into conformity with Wis. Stat. s.
30.44 (3e).
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Under Wis. Stat. ss.
30.43 (3) and
30.435 (2m), the Board has limited rule-making authority with respect to certain activities in the riverway. The rule-making authority that Wis. Stat. ss.
30.43 and
30.435 (2m) grant the Board does not authorize the promulgation of rules for non-metallic mining in the riverway.
(a) A person shall apply for and receive a permit before beginning or expanding nonmetallic mining on land in the riverway that is not visible from the river when the leaves are on the deciduous trees.
(b) A person may not be issued a permit for an activity in par. (a) unless the following performance standards are met:
1. Any structure and any stockpiled materials or soil associated with the nonmetallic mining activity may not be visible from the river when the leaves are on the deciduous trees.
2. The excavation for the nonmetallic mining activity may not be visible from the river when the leaves are on the deciduous trees.
That section explicitly establishes standards, and does not authorize adoption of any other standards. Wisconsin Stat. s.
227.10 (2m) prohibits enforcement of any standard not explicitly required or explicitly permitted by statute.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
Development of the rule and of other resources necessary to develop the rule is likely to require 10 hours of state employee time.
6. List with Description of all Entities that may be Affected by the Proposed Rule
The proposed rule will have no affect on any entity beyond the effect of Wis. Stat. s.
30.44 (3e) itself. Entities that may be affected by the cited statute and the proposed rule include quarry operators, sand-mining companies, residents and landowners of the riverway, municipalities having zoning jurisdiction in the riverway, and visitors to the riverway.
7. Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
The Board is not aware of any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
Because the proposed rule conforms the administrative rule to existing provisions of State statutes, the Board expects no additional economic impact related to rule implementation.
Contact Person
Mark E. Cupp, Lower Wisconsin State Riverway Board
