CR 22-080 Rule Text

The department has broad authority under s. 94.73 (11), Stats., to promulgate rules to implement the Agricultural Chemical Cleanup Program (ACCP), and specifically under s. 94.73 (6), Stats., to specify amounts and formulas for reimbursements requested through the ACCP.

The department is proposing to adopt these rules, under authority of s. 227.11 (2) (a) (intro.), Stats., by the permanent rulemaking process.

Related Statutes and Rules

Chapter ATCP 21, Plant Inspection and Pest Control; ch. ATCP 29, Pesticide Use and Control; ch. ATCP 35, Agricultural Chemical Cleanup Program

Plain Language Analysis

This rule is promulgated under s. 94.76 (1), Stats., which allows the department to issue such rules or orders or adopt such control measures which in its judgment may be necessary to prevent, suppress or control the introduction, spread or dissemination of honeybee diseases and pests in this state.

This proposed rule makes adjustments to gendered references in ch. ATCP 35.

This proposed rule resolves obsolete language and the conflicts with Wisconsin statutes.

The department identified portions of s. ATCP 21.10 as obsolete to the extent these portions use an obsolete common name for the live insect, Lymantria dispar, or “spongy moth,” and this proposed rule corrects this where used.

The department identified portions of s. ATCP 21.13 are reportable as obsolete. Specifically, ATCP subsections 21.13 (2) (c) 1. -2., refer to outdated methods to certify that honeybees are European honeybees. Section ATCP 21.13 (3) is outdated because it requires a Varroa mite certification that hives are free of this pest.

The department identified administrative code language in chs. ATCP 29 and ATCP 35 as obsolete or conflicting in our report filed with the Joint Committee for Review of Administrative Rules pursuant to s. 227.29, Stats. Section ATCP 29.10 (3) (c) 2. is unnecessary as it requires pesticide manufacturers and labelers applying for a license to include with an application a report that states the gross revenue of each pesticide product used in this state. 2017 Wisconsin Act 59 section 1260 removed this requirement from s. 94.68 (2) (bm), Stats. Sections ATCP 29.11, ATCP 29.15 (4), ATCP 29.20 (6), and ATCP 29.25 (5) conflict with ss. 94.681, 94.685 (3) (a) 2., 94.703 (3) (a) 2., and 94.704 (3) (a) 2., Stats., due to changes in license fees by 2017 Wisconsin Act 59 section 1285, 1289, 1290, and 1292, respectively. Section ATCP 35.22 conflicts with s. 94.73 (6) (b), (c), Stats., as 2017 Wisconsin Act 59 section 1302 increased the maximum eligible reimbursement costs for eligible sites under the Agricultural Chemical Cleanup Program.

Summary of, and Comparison with, Existing or Proposed

Federal Statutes and Regulations

The department is unaware of any existing or proposed federal language that would affect the proposed rules technical changes.

Summary of Comments Received during Preliminary Comment Period

and at Public Hearing on Statement of Scope

The Joint Committee for Review of Administrative Rules did not request a preliminary hearing on the scope; thus, the department did not hold a preliminary hearing on the scope.

Comparison with Rules in Adjacent States

Illinois: The proposed rule's technical changes are not applicable to Illinois rules or statutes.

Iowa: The proposed rule's technical changes are not applicable to Iowa rules or statutes.

Michigan: The proposed rule's technical changes are not applicable to Michigan rules or statutes.

Minnesota: The proposed rule's technical changes are not applicable to Minnesota rules or statutes.

Summary of Factual Data and Analytical Methodologies

The department identified portions of s. ATCP 21.13 are reportable as obsolete. The department identified administrative code language in chs. ATCP 29 and ATCP 35 as obsolete or conflicting in our report filed with the Joint Committee for Review of Administrative Rules pursuant to s. 227.29, Stats. This proposed rule modifies provisions in the rule to align with statute.

Analysis and Supporting Documents used to Determine Effect on Small Business or in Preparation of an Economic Impact Analysis

The proposed rule will be posted on the department’s website for economic comments for 14 days and comments received will be incorporated into the final draft. This proposed order aligns chs. ATCP 21, ATCP 29, and ATCP 35 with ss. 93.07 (12), 93.07 (13), 94.01, 94.68 (2), 94.681, 94.685 (3), 94.703 (3), 94.704 (3), 94.73 (6), and 94.76, Stats., and therefore, does not have an effect on small businesses.

Fiscal Estimate and Economic Impact Analysis

The Fiscal Estimate and Economic Impact Analysis is attached.

Effect on Small Business

The Department’s Regulatory Review Coordinator may be contacted by:

Email at [e-mail]

Telephone at [phone]

The Regulatory Flexibility Analysis is attached.

Department Contact Person

Jill Hoskins

Division of Agricultural Resource Management

Department of Agriculture, Trade and Consumer Protection

P.O. Box 8911

Madison, WI 53708-8911

[phone]

[e-mail]

Place Where Comments are to Be Submitted and Deadline for Submission:

Comments must be received on or before December 27, 2022 to be included in the record of rule-making proceedings. Submit comments:

By mail to:

Jill Hoskins

Division of Agricultural Resource Management

Department of Agriculture, Trade and Consumer Protection

P.O. Box 8911

Madison, WI 53708-8911

By email to: [e-mail]

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RULE TEXT