Estimate of Time Needed to Develop the Rule
DATCP estimates that it will use approximately 0.3 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.
DATCP Board Authorization
The Board of Agriculture, Trade and Consumer Protection (Board) shall approve this scope statement before DATCP may begin drafting the emergency rule. The Board may not approve this scope statement until 10 days after it is published in the Wisconsin Administrative Register, and DATCP may not publish the scope statement until it has the written approval of the governor.
If the Board takes no action on the scope statement within 30 days after the scope statement is presented to the Board, the scope statement is considered approved.
Agriculture, Trade and Consumer Protection
In accordance with
2011 Wisconsin Act 21, (Sec 227.135(2)) this scope statement was approved by the Governor on July 14, 2011 before DATCP took any action in proceeding with this proposed rule including submission of this scope statement for publication.
The Department of Agriculture, Trade and Consumer Protection (DATCP) gives notice, pursuant to s.
227.135, Stats., that it proposes to revise Chapter
50 of the administrative code.
Subject
Soil and Water Resource Management.
Statutory Authority
Background
By statute, sec. 281.16 Stats., DATCP must develop rules to implement Department of Natural Resources (DNR) farm runoff standards, also known as the agricultural performance standards adopted in NR 151, Wis. Adm. Code (NR 151). Through ch.
ATCP 50, Wis. Adm. Code (ATCP 50), DATCP carries out these responsibilities. ATCP 50 ensures that implementation of the farm runoff standards is contingent on cost-share requirements (see s.
ATCP 50.08). It also addresses the following components needed for implementation:
•
Farm conservation standards and practices, with a focus on nutrient management (Subchapter II).
•
The framework for statewide soil and water resource management, and the mechanism for distribution of department grant funds to counties including cost-sharing. (Subchapters III and IV).
•
Cost-share procedures and rates that apply to department funds used for landowner cost-sharing (Subchapter V).
•
Standards for conservation professionals to ensure proper installation of farm and other practices (Subchapter VI).
•
Requirements for local regulation including manure storage ordinances (Subchapter VII).
•
Technical and other standards for practices cost-shared with state funds (Subchapter VIII).
DNR revised NR 151 in January 2011 to add and modify the performance standards that address runoff from farms. The new standards include:
•
A setback area between cropland and waterbodies within which tillage is prohibited for the purpose of maintaining stream bank integrity and avoiding soil deposits into state waters.
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A new annual and rotational limit on the amount of phosphorus that may run off cropland and pasture, as measured by a phosphorus index.
•
A prohibition against significant discharge of process wastewater from milk houses, feedlots, and other similar sources.
•
A requirement that crop and livestock producers reduce discharges if necessary to meet a load allocation specified in an approved Total Maximum Daily Load (TMDL) by implementing targeted performance standards specified for the TMDL area using best management practices and farm conservation practices in ATCP 50.
The modified farm performance standards are as follows:
•
Extension of the sheet, rill and wind erosion standard to pastures starting July 1, 2012.
•
Clarification that the nutrient management standard does not cover applications of industrial waste, municipal sludge or septage regulated under other DNR programs provided the material is not commingled with manure prior to application, (with an explanation in a note about the relationship of these applications to farm nutrient management planning).
•
Manure storage standards for existing and new facilities are modified to include a margin of safety requirement, and redefine responsibilities for closure.
Preliminary Objectives and Analysis
This proposed rule will modify DATCP's soil and water resource management program under ch.
ATCP 50, primarily for the purpose of incorporating the changes in NR 151 adopted in 2011. Under ATCP 50, the current program addresses soil and water conservation on farms, county soil and water programs, grants to counties, cost-share grants to landowners, standards for soil and water professionals, local regulation, and standards for cost-shared practices.
Areas of focus
To properly account for changes in DNR farm runoff standards, DATCP will limit its rulemaking to the following:
1.
Ensure that the farm conservation standards in Subchapter II support implementation of the new and modified standards in NR 151. DATCP will need to decide how to update the farm conservation practices in s.
ATCP 50.04 and related definitions. In this regard, DATCP may consider (i) whether the soil erosion standard based on RUSLE 2 can be properly applied to pastures, (ii) whether the nutrient management standard should be modified to address pastures, (iii) a method for establishing the distance between 5 and 20 feet for a tillage setback, and (iv) identifying an alternative to calculating phosphorus index without SNAP Plus. To reiterate, DATCP will focus on changes to conservation standards in Subchapter II needed to implement DNR's updated farm runoff standards.
2. Evaluate the framework for statewide soil and water resource management (Subchapter III) to ensure that it fairly implements the updated NR 151 standards. Specifically consider changes in ATCP 50.16 related to the farmland preservation program, including a phase-in of the farm runoff standards updated in NR 151, and clarification of schedules of compliance and monitoring. DATCP will only make changes to Subchapter III needed to implement DNR's updated farm runoff standards.
3. Improve the mechanism for distribution of department grant funds to counties (Subchapter IV), with a primary goal of ensuring that farmers have access to funds needed for extended implementation responsibilities, and a process for providing cost-share dollars that is more efficient and customer friendly. To reflect the closing of the priority watershed projects, DATCP may make changes in the manner it funds county conservation programs. The focus of the rules changes in this area will be guided by implementation of DNR's updated farm runoff standards.
4. Address whether the current Subchapter VI provisions for certifying agricultural engineering practitioners are adequate with respect to the design, installation or approval of agricultural engineering practices needed to implement NR 151 requirements. The current rules are largely based on technical standards adopted by the United States Department of Agriculture, Natural Resources Conservation Service (NRCS). The NRCS standards are updated on a regular basis. The rule revision may incorporate these changes to the NRCS technical standards in this and other subchapters such as Subchapter VIII.
5. Update the technical and other standards for practices cost-shared with state funds in Subchapter VIII to facilitate implementation of the new and modified NR 151 farm runoff standards. For example, DATCP must develop a cost-share practice standard for feed storage in response to the new DNR rule requirement related to process wastewater discharges. DATCP will clarify practice descriptions to clarify use in farm and non-farm settings.
6. Make other changes, clarifications and updates as necessary to facilitate implementation of NR 151 as revised.
Comparison with Federal Regulations
NRCS Conservation Standards
NRCS has adopted standards for conservation practices cost-shared by NRCS. Current DATCP rules incorporate many NRCS standards by reference. In most cases, the standards apply only to conservation practices cost-shared with DATCP funds. But in some cases (such as nutrient management), DATCP rules incorporate the NRCS standards as mandatory pollution control standards. Enforcement of these mandatory standards is generally contingent on cost-sharing (there are limited exceptions).
NRCS standards vary, to some extent, between states. NRCS coordinates its Wisconsin standard-setting process with DATCP, DNR and others. For purposes of Wisconsin's soil and water conservation program, DATCP may incorporate NRCS standards as written or may modify the standards as appropriate. DATCP tries to ensure that state standards are reasonably consistent with NRCS standards.
This rule may modify current DATCP rules that incorporate NRCS standards by reference. This rule may incorporate updated NRCS standards, or may modify NRCS standards to make them more clear or workable in Wisconsin's soil and water conservation program.
Agricultural Engineering Practitioners; NRCS Certification Standards
NRCS certifies agricultural engineering practitioners who design, install or approve agricultural engineering practices cost-shared by NRCS. DATCP certifies practitioners who perform similar functions under DATCP rules. DATCP rules are based on NRCS standards (but include some modifications based on Wisconsin program needs). DATCP works with NRCS and county land conservation departments to ensure that standards are reasonably consistent and meet federal, state and local needs.
Federal Conservation Funding
The United States Department of Agriculture administers a number of federal programs that offer voluntary conservation incentives to farmers. The Environmental Quality Incentives Program (EQIP) is a key program offering cost-sharing for conservation improvements, including nutrient management plans, manure storage improvements and others.
Other programs, such as the Conservation Reserve Program (CRP) and the Conservation Reserve Enhancement Program (CREP) also provide cost-sharing and other incentives for conservation practices. DATCP attempts to coordinate state conservation funding programs with relevant federal programs.
Entities Affected by the Rule
County Conservation Programs: This rule may revise standards and procedures for county conservation programs, including funding standards and procedures. New grant allocation procedures may ultimately affect grant allocations between counties (this rule will not directly alter grant allocations). County staff may need to become familiar with modified conservation standards and procedures. Rule changes may affect the certification of county agricultural engineering practitioners.
Farmers and Other Landowners: Farmers may be affected by changes to current farm conservation standards and requirements. Farmers may also be affected by changes to current cost-share standards and procedures. To the extent that this rule may ultimately affect grant allocations between counties, farmers in those counties may also be affected. This rule may also affect non-farmer landowners, to the extent that it clarifies DATCP cost-share policy related to those landowners.
Farm-Related Businesses: Farm supply organizations, nutrient management planners, soil testing laboratories, agricultural engineering practitioners, agricultural engineers, construction contractors and others provide goods and services to farmers related to farm conservation. Those entities may be affected by this rule, including changes related to conservation standards and cost-share grants to farmers.
Users and Beneficiaries of Natural Resources: Communities, businesses including the tourist industry, and individuals benefit from the protections in this rule for water and soil resources. This rule establishes conservation practices, supports county resource management programs, and provides cost-sharing to prevent runoff and provide other protections for land and water.
Policy Alternatives
If DATCP takes no action, current rules will remain in effect. Some current rule provisions are outdated in certain respects, and may not adequately address stakeholder needs. The current rules do not address possible changes in DNR standards related to nonpoint source pollution. Some current rule provisions may hinder effective future operation of the DATCP programs, or may limit DATCP's ability to respond to changing conditions. Some provisions may also hinder future coordination of federal, state and local conservation programs.
Statutory Alternatives
None at this time.
Estimate of Time Needed to Develop the Rule
DATCP estimates that it will use the equivalent of 1.25 FTE staff to revise this rule. This anticipates an 18 month period 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.
DATCP Board Authorization
DATCP may not begin drafting this rule until the Board of Agriculture, Trade and Consumer Protection (Board) approves this scope statement. The Board may not approve this scope statement sooner than 10 days after this scope statement is published in the Wisconsin Administrative Register. If the Board takes no action on the scope statement within 30 days after the scope statement is presented to the Board, the scope statement is considered approved. Before DATCP holds public hearings on this rule, the department must prepare an economic impact analysis and the Board must approve the hearing draft. The Governor and the Board must also approve the final draft rule before DATCP adopts the rule.
Employment Relations Commission
This statement of scope was approved by the governor on July 20, 2011.
Subject
The Wisconsin Employment Relations Commission plans to promulgate emergency and permanent administrative rules regarding the conduct of initial annual certification elections for municipal and state employee bargaining units as mandated by
2011 Wisconsin Act 10 and
2011 Wisconsin Act 32.
Statutory Authority
Statutory authority to promulgate the rules is found in sections. 111.71, 111.94, 227.11 and 227.44, Stats.
Policy Analysis
The rules will affect all municipal employers, the State of Wisconsin, all municipal and state employees who are eligible to be represented by a labor organization for the purposes of collective bargaining, and all labor organizations who do or wish to represent employees of a municipal employer or of the State of Wisconsin for the purposes of collective bargaining.
Comparison with Federal Regulations
There are no existing or proposed federal regulations that address the activities to be regulated by the rules.
Estimate of Time Needed to Develop the Rule
It is estimated that 100 hours of state employee time will be spent to develop the rules.
Agency Contact
Scope Statement prepared 7/15/2011 by Peter G. Davis, Chief Legal Counsel, Wisconsin Employment Relations Commission. (608) 266-2993
peterg.davis@wisconsin.gov.
