Revises Chapter ATCP 21, Wis. Adm. Code

Sections 93.07 (1), 93.07 (12), 94.01 and 227.24, Stats.

An emergency rule authorized by this statement of scope will create county or multi-county or township or multi-township quarantines for an exotic plant pest in counties and townships where the pest is detected. Any emergency rule authorized by this scope statement will be submitted to the governor for approval pursuant to section 227.24 (1) (e) 1g each time the department finds that a quarantine area for an exotic plant pest is required. The authorization to draft an emergency rule creating a quarantine area pursuant to this statement of scope will expire on the first day following the twelfth month of publication of this statement of scope pursuant to section 227.135 (3) and a new statement of scope must be approved and published pursuant to sections 227.135 (2) and (3) to continue the authorization of emergency rulemaking related to exotic pest quarantines.

A rule authorized by this statement of scope will do the following:

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.

In recent years the rate of arrival of new exotic plant pests to the United States has increased significantly. Some of the exotic pests which have already invaded our country include Emerald Ash Borer (EAB), Asian Longhorned Beetle (ALB), Hemlock Woolly Adlegid (HWA), Thousand Cankers Disease (TCD) and Gypsy Moth. The cost of these exotic forest insects to local governments is estimated at more than $2 billion per year and residential property value loss due to exotic forest pests averages $1.5 billion a year nationally. So far, EAB and the Gypsy Moth have made it into Wisconsin. EAB is an exotic pest that endangers Wisconsin's 770 million ash trees and ash tree resources. This insect has the potential to destroy entire stands of ash, including up to 20% of Wisconsin's urban street trees and residential landscaping trees, and can result in substantial losses to forest ecosystems. The insect can cause great harm to state lands, and to the state's tourism and timber industries. Currently, EAB has been identified in 15 states, including Wisconsin, and two Canadian provinces. Eleven Wisconsin counties have been quarantined to restrict the movement of ash wood in order to prevent the spread of EAB.

This emergency rule is necessary to create a timely quarantine of the counties or townships, and possibly bordering counties or townships with new exotic plant pest detections until a federal quarantine is enacted. The federal quarantine will take effect up to six months after a formal submission by the state plant regulatory official.

In order to limit the spread of exotic plant pests, the Animal and Plant Health Inspection Service of the United States Department of Agriculture (USDA-APHIS) has imposed quarantines for EAB in 15 states, ALB in 4 states, Gypsy Moth in 18 states, and external quarantines for HWA in 6 states, including Wisconsin and TCD in 9 states, including Wisconsin. DATCP rules currently prohibit movement of regulated plant articles from any federally quarantined area, except under authorized conditions. This proposed rule is consistent with current state and federal rules.

According to the American Forest and Paper Association's June report, Wisconsin is number one among states in forestry jobs, employing 56,533 workers and in economic value of wood and paper products shipped at a combined total of $16,201,241,000. On top of that, each year the agricultural industry produces $1.38 billion of corn grain, and 1.6 million acres of soybeans, valued at more than $511 million. Additionally, Wisconsin leads the nation in snap bean production ($61 million, annually) and ranks third in potato production ($293 million). Wisconsin apple orchards produce a yield of $28 million. This emergency rule could have an impact on persons or companies that deal in any agricultural crop or forest product from the quarantined counties or townships to locations outside of the quarantined counties.

The Wisconsin Department of Tourism reported that Wisconsin travelers spent an estimated total of $12.303 billion in 2010. Those staying in cabins/cottages/condominiums spent $651 million while those camping in Wisconsin spent $656 million. Those visiting just for the day or passing through Wisconsin spent $813 million. If Wisconsin were to loose it's forests to an exotic plant pest, the tourism industry would also suffer substantial losses.

Nurseries, firewood producers/dealers, saw mills and farmers that sell/distribute articles potentially harboring the damaging exotic plant pest would all be impacted. In order to sell regulated wood products outside of their counties, veneer mills and wood processors will have to enter into a compliance agreement with DATCP or APHIS that authorizes movement of products outside of their counties only when there is assurance that the movement will not spread the exotic plant pest to other locations. Licensed nursery growers will not be able to sell regulated nursery stock outside of the quarantined counties. Firewood dealers would need to be certified to sell firewood outside of the quarantined counties. Farmers would be required to treat with an approved treatment option, should one exist, before movement out of the quarantine. Grain elevators could enter into compliance agreements with DATCP or APHIS.

If DATCP does nothing, potentially infested wood or agricultural crops will be allowed to move freely and the department will not be able to regulate its movement. The department would have no regulatory authority in the counties with new exotic plant pest finds, raising the potential of a more rapid spread of an exotic injurious plant pest.

None at this time.

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, holding public hearings, and communicating with affected persons and groups. DATCP will use existing staff to develop this rule.

DATCP may not begin drafting a rule until the governor and the Board of Agriculture, Trade and Consumer Protection 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. The scope statement may not be published in the Administrative Register until DATCP has received written approval of the scope statement from the governor. Before the department may publish an emergency rule, it must receive written approval of the proposed emergency rule from the governor.

This statement of scope was approved by the governor on November 15, 2011.

To create Chapter DCF 205, relating to a child care quality rating system.

The proposed rules will implement the department's child care quality rating system known as Youngstar. The rules will include the following topics:

Section 48.659, Stats., provides that the department shall provide a child care quality rating system that rates the quality of the child care provided by a child care provider who is licensed under s. 48.65, Stats., and receives reimbursement under s. 49.155, Stats., for the child care provided or that volunteers for a rating.

Section 49.155 (6) (e) 1. and 3., Stats., as created by 2011 Wisconsin Act 32, provides that beginning on July 1, 2012, the department may modify a child care provider's reimbursement rate on the basis of the provider's quality rating, as described in the quality rating plan submitted by the department under 2009 Wisconsin Act 28, section 9108 (7f). Section 9108 (7f) (a) 1. provides that the plan shall include various options for the design of the rating system. All of those options shall require the department to include in the rating system child care providers certified under s. 48.651, Stats.

Section 227.11 (2) (a) (intro.), Stats., expressly confers rule-making authority on each agency to promulgate rules interpreting the provisions of any statute enforced or administered by the agency if the agency considers it necessary to effectuate the purpose of the statute.

Child care providers.

None.

250 hours.

elaine.pridgen@wisconsin.gov

This statement of scope was approved by the governor on November 3, 2011.

DNR # FR-24-11: Revises Chapter NR 1.

Creates new rule for regenerating harvested areas of Wisconsin DNR owned and managed lands.

This rule would establish a mechanism that allows cooperating foresters and private contractors to assist the WDNR in regenerating harvested areas of state owned lands to meet the annual allowable timber harvest established under Wis. Stat. s. 28.025. This rule will create a funding mechanism for artificial and natural regeneration treatments conducted by cooperating foresters and private contractors directly related to timber sales specified in 2005 Act 166. Regeneration treatments include site preparation, tree planting, and invasive species control associated with forest regeneration.

2005 Act 166 promulgated the process to provide an inventory of all forested public lands, identify the forest resources available for management, develop annual allowable harvest levels, and undertake such management within 90% and 110% of those levels. Act 166 further provided a mechanism, through the use of cooperating foresters, to assist the department in establishing timber sales (Wis. Stat. s. 28.05 (3)). What was not provided with these previous provisions was a mechanism and funding source to implement harvest regeneration treatments in managed areas. Regenerating forest lands is a critical component of sustainable forest management, and the department has a commitment and responsibility to ensure state owned forest lands are regenerated. Funds are needed to ensure harvested areas will continue to produce re-occurring forest products and other public benefits within state and certification guidelines.

This rule will include provisions authorizing the department to contract with cooperating foresters and private contractors to conduct artificial and natural forest regeneration activities including site preparation, tree planting, and invasive species control associated with forest regeneration. The rule shall authorize cooperating foresters and private contractors with whom the department contracts under this paragraph to receive a portion of the proceeds from timber harvests on state lands.

In the absence of the new rule the department would rely on gifts, grants, and limited existing regeneration funds to implement regeneration activities on state owned lands. In the event that these funding sources would fall short of regeneration needs, the ability to achieve future desired conditions on state lands will continue to be hampered. In addition, land managers may be apprehensive to manage more complex ecosystems where a quick response of regeneration is required. The new rule will provide assurance that funding will be available to implement forest regeneration activities after harvesting has occurred.

2011 Act 32, Section 913e., Wis. Stat. s. 28.05 (3) (am), directs the department to, by rule, establish a program that allows cooperating foresters and private contactors to assist the state in regenerating harvested areas of state lands to meet the annual allowable timber harvest established under Wis. Stat. s. 28.025.

The department estimates that approximately 170 hours of existing staff time will be needed to develop this new rule. No other additional resources will be needed to develop the rule.

The Federal Government provides a similar mechanism on federal lands. The USDA Forest Service utilizes the KV (Knutson-Vandenberg) – BD (Brush Disposal) accounts, which are deductions from timber sales to fund forest regeneration and reduce fire hazard. The USDI Bureau of Indian Affairs utilizes FMD (Forest Management Deductions) under 25. CFR § 163.25 for a similar purpose and method.

Level 3 – Little to no economic impact expected. A positive economic impact may occur for businesses that provide regeneration services.