CR_14-042 Revises Chapter ATCP 142, relating to cranberry marketing order.

Wisconsin Administrative Register No. 703, 7/14/2014

Rule-Making Notices

Notice of Hearings

Agriculture, Trade and Consumer Protection

CR 14-042

The Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) announces that it will hold public hearings on a proposed rule to revise Chapter ATCP 142 , relating to the cranberry marketing order.

Hearing Information

Date:   Tuesday, July 29, 2014
Time:   10:30 a.m. to 12:30 p.m.
Location:   Wood County Court House
  Auditorium
  400 Market Street
  Wisconsin Rapids, WI 54495

Date:   Tuesday, July 29, 2014
Time:   2:00 to 4:00 p.m.
Location:   Cranberry Country Lodge
  Harvest Room #401
  319 Wittig Road
  Tomah, WI 54660

Hearing impaired persons may request an interpreter for this hearing. Please make reservations for a hearing interpreter by July 11, 2011, by writing to Stacie Ashby, Division of Agricultural Development, P.O. Box 8911, Madison, WI 53708-8911; or by emailing [e-mail] ; or by telephone at [phone]. Alternatively, you may contact the DATCP TDD at [phone]. The hearing facility is handicap accessible.

Appearances at the Hearing, Copies of Proposed Rule, and Submittal of Written Comments

DATCP will hold two public hearings at the time and place shown above. DATCP invites the public to attend the hearings and comment on the proposed rule. Following the public hearings, the hearing record will remain open until August 12, 2014, for additional written comments. Comments may be sent to the Division of Agricultural Development at the address below, or to [e-mail] or to http://adminrules.wisconsin.gov .

You can obtain a free copy of this hearing draft rule and related documents including the economic impact analysis by contacting the Wisconsin Department of Agriculture, Trade and Consumer Protection, Division of Agricultural Development, 2811 Agriculture Drive, P.O. Box 8911, Madison, WI 53708. You can also obtain a copy by calling [phone] or by emailing [e-mail] . Copies will also be available at the hearing. To view the hearing draft rule online, go to: http://adminrules. wisconsin.gov .

Comments or concerns relating to small business may also be addressed to DATCP's small business regulatory coordinator Keeley Moll at the address above, or by email to [e-mail] , or by telephone at [phone].

Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection

This rule increases the maximum assessment the cranberry marketing board may charge to cranberry producers under Chapter ATCP 142 , the cranberry marketing order as follow:

•   The maximum assessment the cranberry marketing board may charge increases from ten cents per barrel to a maximum of 15 cents per barrel beginning the year this amendment to the marketing order becomes effective, to a maximum of 20 cents per barrel beginning in 2017 and to a maximum of 25 cents per barrel beginning in 2019.

Statutory authority and statutes interpreted

Statutory authority: Sections 93.07 (1) and 96.15 , Stats.

Statutes interpreted: Chapter 96 , Stats.

The Wisconsin Department of Agriculture, Trade and Consumer Protection ("DATCP") has general authority to adopt rules interpreting statutes under its jurisdiction under s. 93.07 (1) , Stats. DATCP is specifically authorized to adopt rules under s. 96.15 , Stats., to facilitate the administration and enforcement of ch. 96 , Stats (the Agricultural Marketing Act).

Related rules or statutes

Chapter ATCP 140 is the overarching rule applicable to each of the individual marketing orders. Chapters ATCP 141 through 148 are the marketing orders with ch. ATCP 142 being the marketing order for cranberries.

Plain Language Analysis

Background

DATCP administers Wisconsin's agricultural marketing law which authorizes the creation of marketing orders for agricultural commodities. Each marketing order board collects assessments from producers of the applicable commodity. The assessments may be expended by the board for promotion, research or consumer education of the commodity. The provisions of ch. 96 , Stats., and ch. ATCP 140 , Wis. Adm. Code, and the applicable marketing order (chs. ATCP 141 to 148 ) govern the organization of each of the seven marketing order boards, the election of marketing board members, the assessment of producers, and the use of assessments.

Wisconsin produces more cranberries than any other state in the nation. In 2012 Wisconsin growers produced 4,830,000 barrels of cranberries. Cranberry is the state's No. 1 fruit crop in both value and acreage. The cranberry industry currently provides nearly $300 million annually to the state's economy and supports approximately 3,400 jobs across the state.

Cranberry assessments have been used effectively to expand the market for cranberries dramatically from a time when cranberries were thought of primarily for a relish at the Thanksgiving dinner to today when cranberries have become part of the everyday diet and are used in a wide range of dishes. Assessments also support crop and environmental research including sustainable production practices, nutrient management, water conservation and water quality protection. The current maximum rate of assessment of ten cents per barrel has existed since 1983. To continue the successful marketing and research, the Cranberry Board believes increased funding is required.

In order to make any change to a marketing order, in addition to conducting the traditional rulemaking process, the change must be approved at a referendum of the producers of the affected commodity.

Rule Contents

The proposed rule increases maximum assessment the cranberry marketing board may charge from ten cents per barrel to a maximum of 15 cents per barrel beginning the year this amendment to the marketing order becomes effective, to a maximum of 20 cents per barrel beginning in 2017 and to a maximum of 25 cents per barrel beginning in 2019.

Federal and surrounding state programs

Federal programs

There is a federal marketing order for cranberries under which assessments are collected in a manner similar to the state cranberry marketing order. The state and federal marketing orders are operated cooperatively to effectively use the assessments for the benefit of cranberry growers.

Surrounding state programs

There are very few cranberry producers in the surrounding states and none of the surrounding states have a cranberry marketing order.

Data and analytical methodologies

DATCP worked with representatives of the Wisconsin cranberry industry to determine the assessment changes proposed in this rule.

Analysis and supporting documents used to determine effect on small business

DATCP worked with representatives of the Wisconsin cranberry industry determine the effect of the proposed rule on small businesses.

Business Impact

Cranberry growers are all small businesses. In 2012 the growers collectively produced a total crop of 4,830,000 barrels valued at approximately $231 million. The price per barrel in 2012 was $47.80. At the assessment rate of 10 cents per barrel the assessment in 2012 equaled approximately .02 percent of the crop value. If the Cranberry Board assess at the maximum rates, the assessment, based on 2012 price per barrel, will equal .031% of the crop value in 2015 and 2016, .042% in 2017 and 2018 and .052% thereafter. The result is a modest cost increase for each grower. However, if the use of assessments produces the kind of market share increase that the industry has seen in recent years the increased assessment cost will be more than made up for by increased sales.

DATCP Contact

Stacie Ashby

Wisconsin Department of Agriculture, Trade and Consumer Protection

Division of Agricultural Development

2811 Agriculture Drive

P.O. Box 8911

Madison, WI 53708

[phone]

[e-mail]

Initial Regulatory Flexibility Analysis

Rule Subject: Cranberry Marketing Order

Adm. Code Reference: Chapter ATCP 142

Rules Clearinghouse #: CR 14-042

DATCP Docket #:   13-R-15

Rule Summary

This rule increases the maximum assessment the cranberry marketing board may charge to cranberry producers under ch. ATCP 142 , the cranberry marketing order as follow:

The maximum assessment the cranberry marketing board may charge increases from ten cents per barrel to a maximum of 15 cents per barrel beginning the year this amendment to the marketing order becomes effective, to a maximum of 20 cents per barrel beginning in 2017 and to a maximum of 25 cents per barrel beginning in 2019.

Small business affected

This rule affects cranberry growers. Cranberry growers are all small businesses. In 2012 the growers collectively produced a total crop of 4,830,000 barrels valued at approximately $231 million. The price per barrel in 2012 was $47.80. At the assessment rate of 10 cents per barrel the assessment in 2012 equaled approximately .02 percent of the crop value. If the Cranberry Board assess at the maximum rates, the assessment, based on the 2012 price per barrel, will equal .031% of the crop value in 2015 and 2016, .042% in 2017 and 2018 and .052% thereafter. The result is a modest cost increase for each grower. However, if the use of assessments produces the kind of market share increase that the industry has seen in recent years the increased assessment cost will be more than made up for by increased sales.

Reporting, bookkeeping, and other procedures

The proposed rule creates no reporting, bookkeeping or other procedures for small businesses.

Professional skills required

The proposed rule does not require any professional skills for small businesses.

Accommodation for small business

All of the businesses affected by this rule are "small businesses." This rule does not make special exceptions for small businesses because the purpose of the marketing order program is to have all members of the producer group share in the cost of joint promotion, research and education that will increase productivity and sales of the commodity.

Conclusion

The result of the proposed rule is a modest cost increase for each grower. However, if the use of assessments produces the kind of market share increase that the industry has seen in recent years the increased assessment cost will be more than made up for by increased sales. This rule will not have a significant adverse effect on "small business," and is not subject to the delayed "small business" effective date provided in s. 227.22 (2) (e) , Stats.

ADMINISTRATIVE RULES FISCAL ESTIMATE AND ECONOMIC IMPACT ANALYSIS
Type of Estimate and Analysis
X Original ⍽ Updated ⍽ Corrected
Administrative Rule Chapter, Title and Number
Ch. ATCP 142, Cranberry Marketing Order
Subject
Pesticide Use and Control
Fund Sources Affected			Chapter 20 , Stats. Appropriations Affected
⍽ GPR ⍽ FED ⍽ PRO ⍽ PRS X SEG ⍽ SEG-S			None
Fiscal Effect of Implementing the Rule
X No Fiscal Effect ⍽ Indeterminate	⍽ Increase Existing Revenues ⍽ Decrease Existing Revenues		⍽ Increase Costs ⍽ Could Absorb Within Agency's Budget ⍽ Decrease Costs
The Rule Will Impact the Following (Check All That Apply)
⍽ State's Economy ⍽ Local Government Units		X Specific Businesses/Sectors ⍽ Public Utility Rate Payers
Would Implementation and Compliance Costs Be Greater Than $20 million? ⍽ Yes X No
Policy Problem Addressed by the Rule
This rule increases the maximum assessment the cranberry marketing board may charge to cranberry producers under Chapter ATCP 142, the cranberry marketing order as follow:   • The maximum assessment the cranberry marketing board may charge increases from ten cents per barrel to a maximum of 15 cents per barrel beginning the year this amendment to the marketing order becomes effective, to a maximum of 20 cents per barrel beginning in 2017 and to a maximum of 25 cents per barrel beginning in 2019. DATCP administers Wisconsin's agricultural marketing law which authorizes the creation of marketing orders for agricultural commodities. Each marketing order board collects assessments from producers of the applicable commodity. The assessments may be expended by the board for promotion, research or consumer education of the commodity. The provisions of Ch. 96, Stats., and Ch. ATCP 140 Wis. Adm. Code and the applicable marketing order (Chs. ATCP 141 to 148) govern the organization of each of the seven marketing order boards, the election of marketing board members, the assessment of producers and the use of assessments. Wisconsin produces more cranberries than any other state in the nation. In 2012 Wisconsin growers produced 4,830,000 barrels of cranberries. Cranberry is the state's No. 1 fruit crop in both value and acreage. The cranberry industry currently provides nearly $300 million annually to the state's economy and supports approximately 3,400 jobs across the state. Cranberry assessments have been used effectively to expand the market for cranberries dramatically from a time when cranberries were thought of primarily for a relish at the Thanksgiving dinner to today when cranberries have become part of the everyday diet and are used in a wide range of dishes. Assessments also support crop and environmental research including sustainable production practices, nutrient management, water conservation and water quality protection. The current maximum rate of assessment of ten cents per barrel has existed since 1983. To continue the successful marketing and research, the Cranberry Board believes increased funding is required.
Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
Local Government s This rule will not impact local governments. Cranberry Growers In 2012 cranberry growers collectively produced a total crop of 4,830,000 barrels valued at approximately $231 million. The price per barrel in 2012 was $47.80. At the assessment rate of 10 cents per barrel the assessment in 2012 equaled approximately .02 percent of the crop value. If the Cranberry Board assess at the maximum rates, the assessment, based on 2012 price per barrel, will equal .031 % of the crop value in 2015 and 2016, .042% in 2017 and 2018 and .052% thereafter. The result is a modest cost increase for each grower. However, if the use of assessments produces the kind of market share increase that the industry has seen in recent years the increased assessment cost will be more than made up for by increased sales. Utility Rate Payers The rule will have no impact on utility rate payers. General Public This rule indirectly affects the general public by increasing the ability of an important segment of the Wisconsin economy to maintain the impressive growth it has experienced in recent years.
Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
Benefits This rule will benefit cranberry growers by providing funding through increased assessments needed to produce the kind of market share increase that the industry has seen in recent years General Public The general public will benefit from this rule as a result of continued growth of an important segment of the Wisconsin economy. Alternatives The alternative is to leave cranberry assessments at the current level which has existed since 1983. To continue the successful marketing and research, the Cranberry Board believes increased funding is required.
Long Range Implications of Implementing the Rule
Long-term, implementing the rule will benefit business, the general public, and the Wisconsin economy as increased assessment funding will help to continue the impressive growth of the cranberry industry in Wisconsin.
Compare With Approaches Being Used by Federal Government
There is a federal marketing order for cranberries under which assessments are collected in a manner similar to the state cranberry marketing order. The state and federal marketing orders are operated cooperatively to effectively use the assessments for the benefit of cranberry growers.
Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota )
There are very few cranberry producers in the surrounding states and none of the surrounding states have a cranberry marketing order. Comments Received in Response to Web Posting and DATCP Response No comments were received in response either to the posting on the DATCP external website or the statewide administrative rules website.

Notice of Hearings

Natural Resources

Environmental Protection — General, Chs. NR 100—

CR 14-043

(DNR # CF-13-13)

NOTICE IS HEREBY GIVEN THAT pursuant to ss. 227.16 and 227.17 , Stats, the Department of Natural Resources, hereinafter the Department, will hold a public hearing on the repeal and recreation of Chapter NR 162 , relating to the implementation of the Clean Water Fund Program on the date(s) and at the time(s) and location(s) listed below.

Hearing Information

Date:   Tuesday, July 29, 2014
Time:   9:00 a.m. to 10:30 a.m.
Location:   UWEX Pyle Center
  702 Langdon St.
  Madison, WI

Date:   Tuesday, July 29, 2014
Time:   9:00 a.m. to 10:30 a.m.
Location:   UW Green Bay
  2420 Nicolet Drive
  Room IS1034
  Green Bay, WI

Date:   Tuesday, July 29, 2014
Time:   9:00 a.m. to 10:30 a.m.
Location:   UW Eau Claire Schofield Hall
  105 Garfield St.
  Room 1132
  Eau Claire, WI

Date:   Tuesday, July 29, 2014
Time:   9:00 a.m. to 10:30 a.m.
Location:   UW Milwaukee School of Continuing
  Education
  161 W. Wisconsin Ave.
  Milwaukee, WI

Date:   Tuesday, July 29, 2014
Time:   9:00 a.m. to 10:30 a.m.
Location:   UW—Marathon County
  518 S. 7th Ave.
  Room 218
  Wausau, WI

Reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Contact Cindy Wheeler, Environmental Loans Program, 101 South Webster Street, P.O. Box 7921, Madison, WI 53707; by E-mail to [e-mail] or by calling [phone]. A request must include specific information and be received at least 10 days before the date of the scheduled hearing.

Availability of the p roposed r ules and f iscal e stimate

The proposed rule and supporting documents, including the fiscal estimate, may be viewed and downloaded from the Administrative Rules System Web site which can be accessed through the link https://health.wisconsin.gov/admrules/ public/Home . If you do not have Internet access, a printed copy of the proposed rule and supporting documents, including the fiscal estimate, may be obtained free of charge by contacting Cindy Wheeler, Environmental Loans Program, 101 South Webster Street, P.O. Box 7921, Madison, WI 53707; by E-mail to [e-mail] or by calling [phone].

Submitting Comments

Comments on the proposed rule must be received on or before August 5, 2014. Written comments may be submitted by U.S. mail, fax, E-mail, or through the Internet and will have the same weight and effect as oral statements presented at the public hearing. Written comments and any questions on the proposed rules should be submitted to:

Robin Schmidt

Department of Natural Resources

Bureau of Community Financial Assistance

101 S Webster St, Madison, WI 53703

Phone:   [phone]

Fax:   [phone]

E-mail:   [e-mail]

Internet:   Use the Administrative Rules System Web site accessible through the link provided.

Analysis Prepared by the Department of Natural Resources

Statute interpreted, statutory authority and explanation

Section 281.58 (2) , Stats., authorizes the department to promulgate rules necessary for the execution of its responsibilities under the Clean Water Fund program. This program provides financial assistance to municipalities for water infrastructure projects including wastewater treatment plants, collection systems and stormwater systems.

Related statutes or rules

Concurrent with this effort, the department is also repealing and recreating ch. NR 166 , relating to the Safe Drinking Water Loan Program. The Clean Water Fund Program and the Safe Drinking Water Loan Program are part of the Environmental Improvement Fund.

Plain language analysis

Revisions to ch. NR 162 , Wis. Adm. Code, relating to the Clean Water Fund Program, clarify eligibility criteria, streamline processes, revise the scoring system, and update implementation issues since the rule was last revised. No new significant changes to the program result from the rule revisions. The main topics for revision include:

•   Eligible projects/activities — updates language to incorporate current practices

•   Dates for ITA/PERF submittals — changed to Oct 31 st and allows for on-line submittals

•   PERF scoring system — revised system to incorporate permit limits, automate the scoring process, and require on-line, annual submittals

•   Interim financing costs — increased from $7500 to up to $15,000

•   Refinancing — clarifies that a municipality cannot already have "long-term affordable debt" outstanding for its completed or substantially completed project"; any project that has been substantially completed for more than 3 years is not eligible for financing.

•   Disadvantaged Business Enterprise — updated requirements to refer to federal requirements

•   Median Household Income — clarifies the source of this data as the American Community Survey (as part of the US Census Bureau) and provides options for sanitary districts.

Summary of, and comparison with, existing or proposed federal statutes and regulations

All state programs must comply with the federal requirements for the program, as outlined in 33 USC 1251 to 1376 and 33 USC 1381 to 1387 . This rule complies with the requirements of the Federal Clean Water Act.

Comparison with similar rules in adjacent states

Each state implements the Clean Water Act consistently with the associated state statutes and federal requirements. Each state loan program has unique features, but all of the programs are designed to meet federal Clean Water Act requirements. Each state has a unique priority scoring system based on state priorities but consistent with federal priorities. The EPA reviews program implementation to ensure consistency with the federal requirements.

Summary of factual data and analytical methodologies used and how any related findings support the regulatory approach chosen

The implementation of the Clean Water Fund Program does not include regulatory activities. Refinements to the program were established with both internal and external advisory groups with the intent of streamlining processes and clarifying criteria for program implementation.

Analysis and supporting documents used to determine the effect on small business or in preparation of an economic impact report

Rule revisions are expected to have minimal impact on small businesses, in that it streamlines existing processes and clarifies implementation criteria. Rule revisions to not contain any new requirements for small businesses.

Effect on Small Business (Initial Regulatory Flexibility Analysis)

Minimal.

The Small Business Regulatory Coordinator may be contacted at [e-mail] , or by calling [phone].

Environmental Analysis

The Department has made a preliminary determination that adoption of the proposed rules would not involve significant adverse environmental effects and would not need an environmental analysis under ch. NR 150 , Wis. Adm. Code. However, based on comments received, an environmental analysis may be prepared before proceeding. This analysis would summarize the Department's consideration of the impacts of the proposal and any reasonable alternatives.

Fiscal Estimate Summary

The rule will have minimal economic or fiscal impacts on businesses or municipalities seeking funding from the Clean Water Fund Program. General eligibility criteria are prescripted by the federal Clean Water Act and the costs for obtaining funding is prescribed by State Statute. The rule revisions simplify and clarify protocols and streamline processes but don't affect overall ability of municipalities to seek and obtain financing or the rates of that financing.

Agency Contact

Robin Schmidt

Department of Natural Resources

Bureau of Community Financial Assistance

101 S Webster St, Madison, WI 53703

Phone:   [phone]

Fax:   [phone]

E-mail:   [e-mail]

STATE OF WISCONSIN DEPARTMENT OF ADMINISTRATION DOA-2049 (R03/2012)	Division of Executive Budget and Finance 101 East Wilson Street, 10th Floor P.O. Box 7864 Madison, WI 53707-7864 FAX: [phone]
ADMINISTRATIVE RULES Fiscal Estimate & Economic Impact Analysis

1. Type of Estimate and Analysis
X Original   ⍽ Updated   ⍽ Corrected
2. Administrative Rule Chapter, Title and Number
Ch NR 162 - Clean Water Fund Program
3. Subject
Rules governing the implementation of the Clean Water Fund Program
4. Fund Sources Affected			5. Chapter 20, Stats. Appropriations Affected
⍽ GPR   X FED   ⍽ PRO   ⍽ PRS   X SEG   ⍽ SEG-S			n/a
6. Fiscal Effect of Implementing the Rule
X No Fiscal Effect ⍽ Indeterminate	⍽ Increase Existing Revenues ⍽ Decrease Existing Revenues		⍽ Increase Costs ⍽ Could Absorb Within Agency's Budget ⍽ Decrease Cost
7. The Rule Will Impact the Following (Check All That Apply)
⍽ State's Economy X Local Government Units		X Specific Businesses/Sectors X Public Utility Rate Payers ⍽ Small Businesses (if checked, complete Attachment A)
8. Would Implementation and Compliance Costs Be Greater Than $20 million? ⍽ Yes   X No
9. Policy Problem Addressed by the Rule
Anticipated rule changes will help streamline processes for awarding funding under the Clean Water Fund Program. Deadlines may be adjusted to better assist municipalities in submitting applications for funding, and language will be clarified with respect to eligible activities, projects and costs.
10. Summary of the businesses, business sectors, associations representing business, local governmental units, and individuals that may be affected by the proposed rule that were contacted for comments.
Changes to ch. NR 162 may affect municipalities and their consultants who seek funding for water infrastructure projects from the Clean Water Fund Program.
11. Identify the local governmental units that participated in the development of this EIA.
None up to now; local governments will be part of a future advisory group to identify rule changes.
12. Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
The rule will have minimal economic or fiscal impacts on businesses or municipalities seeking funding from the Clean Water Fund Program. Eligible costs and municipalities are prescripted by the federal government and won't be affected by the rule revisions.
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
By streamlining processes and clarifying critiera for the program, there will be fewer questions and process times may be shortened for both the applicants as well as DNR staff. Without the rule revisions, the program will continue to interpret clumsy or outdated language to ensure we are implementing the program consistent with federal policies and guidelines.
14. Long Range Implications of Implementing the Rule
Implementing the rule revisions will enable the Department to be more timely in our administration of the Clean Water Fund Program.
15. Compare With Approaches Being Used by Federal Government
The anticipated rule revisions will be consistent with the Federal Clean Water Fund Act.
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota )
Each of the neighboring states implements the Clean Water Fund Program with minor differences, adjusted to meet state-specific needs. Many of the states have more sophisticated programs; Wisconsin's implementation of the Clean Water Fund Program has historically been relatively basic. All programs must be in compliance with the Federal Clean Water Fund Act.
17. Contact Name				18. Contact Phone Number
Robin Schmidt				608-266-3915

This document can be made available in alternate formats to individuals with disabilities upon request.

ATTACHMENT A

1. Summary of Rule's Economic and Fiscal Impact on Small Businesses (Separately for each Small Business Sector, Include Implementation and Compliance Costs Expected to be Incurred)

The rule does not modify the requirement that recipients of the Federal Clean Water Fund Program funds must be in compliance with DBE requirements. This rule will have no fiscal or economic effect on Small Businesses.

2. Summary of the data sources used to measure the Rule's impact on Small Businesses

n/a

3. Did the agency consider the following methods to reduce the impact of the Rule on Small Businesses?

⍽ Less Stringent Compliance or Reporting Requirements

⍽ Less Stringent Schedules or Deadlines for Compliance or Reporting

⍽ Consolidation or Simplification of Reporting Requirements

⍽ Establishment of performance standards in lieu of Design or Operational Standards

⍽ Exemption of Small Businesses from some or all requirements

⍽ Other, describe:

4. Describe the methods incorporated into the Rule that will reduce its impact on Small Businesses

n/a

5. Describe the Rule's Enforcement Provisions

There are no enforcement provisions with respect to environmental regulations associated with this rule. There are provisions in the rule that recipients of funds must have approved plans of operation from the Department, and municipalities must have the financial means to repay loans associated with this program.

6. Did the Agency prepare a Cost Benefit Analysis (if Yes, attach to form)

⍽ Yes X No

Notice of Hearings

Natural Resources

Environmental Protection — General, Chs. NR 100—

CR 14-044

(DNR # CF-12-13)

NOTICE IS HEREBY GIVEN THAT pursuant to ss. 227.16 and 227.17 , Stats, the Department of Natural Resources, hereinafter the Department, will hold a public hearing on the repeal and recreation of Chapter NR 166 , relating to the implementation of the Safe Drinking Water Loan Program on the date(s) and at the time(s) and location(s) listed below.

Hearing Information

Date:   Tuesday, July 29, 2014
Time:   9:00 a.m. to 10:30 a.m.
Location:   UWEX Pyle Center
  702 Langdon St.
  Madison, WI

Date:   Tuesday, July 29, 2014
Time:   9:00 a.m. to 10:30 a.m.
Location:   UW Green Bay
  2420 Nicolet Drive
  Room IS1034
  Green Bay, WI

Date:   Tuesday, July 29, 2014
Time:   9:00 a.m. to 10:30 a.m.
Location:   UW Eau Claire Schofield Hall
  105 Garfield St.
  Room 1132
  Eau Claire, WI

Date:   Tuesday, July 29, 2014
Time:   9:00 a.m. to 10:30 a.m.
Location:   UW Milwaukee School of Continuing
  Education
  161 W. Wisconsin Ave.
  Milwaukee, WI

Date:   Tuesday, July 29, 2014
Time:   9:00 a.m. to 10:30 a.m.
Location:   UW—Marathon County
  518 S. 7th Ave.
  Room 218
  Wausau, WI

Reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Contact Cindy Wheeler, Environmental Loans Program, 101 South Webster Street, P.O. Box 7921, Madison, WI 53707; by E-mail to [e-mail] or by calling [phone]. A request must include specific information and be received at least 10 days before the date of the scheduled hearing.

Availability of the p roposed r ules and f iscal e stimate

The proposed rule and supporting documents, including the fiscal estimate, may be viewed and downloaded from the Administrative Rules System Web site which can be accessed through the link https://health.wisconsin.gov/admrules/ public/Home . If you do not have Internet access, a printed copy of the proposed rule and supporting documents, including the fiscal estimate, may be obtained free of charge by contacting Cindy Wheeler, Environmental Loans Program, 101 South Webster Street, P.O. Box 7921, Madison, WI 53707; by E-mail to [e-mail] or by calling [phone].

Submitting Comments

Comments on the proposed rule must be received on or before August 15, 2014. Written comments may be submitted by U.S. mail, fax, E-mail, or through the Internet and will have the same weight and effect as oral statements presented at the public hearing. Written comments and any questions on the proposed rules should be submitted to:

Robin Schmidt

Department of Natural Resources

Bureau of Community Financial Assistance

101 S Webster St, Madison, WI 53703

Phone:   [phone]

Fax:   [phone]

E-mail:   [e-mail]

Internet:   Use the Administrative Rules System Web site accessible through the link provided.

Analysis Prepared by the Department of Natural Resources

Statute interpreted, statutory authority and explanation

Section 281.60 (12) , Wis. Stats., authorizes the department to promulgate rules establishing eligibility criteria for applicants and projects and that are necessary for the execution of its responsibilities under the Safe Drinking Water Loan Program. The Safe Drinking Water Loan Program provides financial assistance to municipalities for their drinking water systems.

Related statutes or rules

Concurrent with this effort, the department is also repealing and recreating ch. NR 162 , relating to the Clean Water Fund Program. Both the Safe Drinking Water Loan Program and the Clean Water Fund Program are part of the Environmental Improvement Fund.

Plain language analysis

Revisions to ch. NR 166 , Wis. Adm. Code, relating to the Safe Drinking Water Loan Program, clarify eligibility criteria, streamline processes, and update implementation issues since the rule was last revised. No new significant changes to the program result from the rule revisions. The main topics for revision include:

•   Eligible projects/activities — updates language to incorporate current practices

•   Dates for ITA/PERF submittals — changed to Oct 31 st and allows for on-line submittals

•   PERF scoring system — minor changes and on-line, annual submittal required

•   Interim financing costs — increased from $7500 to up to $15,000

•   Refinancing — clarifies that a municipality cannot already have "long-term affordable debt" outstanding for its completed or substantially completed project"; any project that has been substantially completed for more than 3 years is not eligible for financing.

•   Disadvantaged Business Enterprise — updated requirements to refer to federal requirements

•   Median Household Income — clarifies the source of this data as the American Community Survey (as part of the US Census Bureau) and provides options for sanitary districts.

Summary of, and comparison with, existing or proposed federal statutes and regulations

All state programs must comply with the federal requirements for the program, as outlined in 42 USC 300g-1 . This rule complies with the requirements of the Federal Safe Drinking Water Act, 42 USC 300f to 300j-26 .

Comparison with similar rules in adjacent states

Each state implements the federal Safe Drinking Water Act consistently with the associated state statutes and federal requirements. Each state loan program has unique features, but all of the programs are designed to meet federal Safe Drinking Water Act requirements. Each state has a unique priority scoring system based on state priorities but consistent with federal priorities. The EPA reviews program implementation to ensure consistency with the federal requirements.

Summary of factual data and analytical methodologies used and how any related findings support the regulatory approach chosen

The implementation of the Safe Drinking Water Loan Program does not include regulatory activities. Refinements to the program were established with both internal and external advisory groups with the intent of streamlining processes and clarifying criteria for program implementation.

Analysis and supporting documents used to determine the effect on small business or in preparation of an economic impact report

Rule revisions are expected to have minimal impact on small businesses, in that it streamlines existing processes and clarifies implementation criteria. Rule revisions do not contain any new requirements for small businesses.

Effect on Small Business (Initial Regulatory Flexibility Analysis)

Minimal.

The Small Business Regulatory Coordinator may be contacted at [e-mail] , or by calling [phone].

Environmental Analysis

The Department has made a preliminary determination that adoption of the proposed rules would not involve significant adverse environmental effects and would not need an environmental analysis under ch. NR 150 , Wis. Adm. Code. However, based on comments received, an environmental analysis may be prepared before proceeding. This analysis would summarize the Department's consideration of the impacts of the proposal and any reasonable alternatives.

Fiscal Estimate Summary

The rule will have minimal economic or fiscal impacts on businesses or municipalities seeking funding from the Safe Drinking Water Loan Program. General eligibility criteria are prescripted by the federal Safe Drinking Water Act and the costs for obtaining funding is prescribed by State Statute. The rule revisions simplify and clarify protocols and streamline processes but don't affect overall ability of municipalities to seek and obtain financing or the rates of that financing.

Agency Contact

Robin Schmidt

Department of Natural Resources

Bureau of Community Financial Assistance

101 S Webster St, Madison, WI 53703

Phone:   [phone]

Fax:   [phone]

E-mail:   [e-mail]

STATE OF WISCONSIN DEPARTMENT OF ADMINISTRATION DOA-2049 (R03/2012)	Division of Executive Budget and Finance 101 East Wilson Street, 10th Floor P.O. Box 7864 Madison, WI 53707-7864 FAX: [phone]
ADMINISTRATIVE RULES Fiscal Estimate & Economic Impact Analysis

1. Type of Estimate and Analysis
X Original   ⍽ Updated   ⍽ Corrected
2. Administrative Rule Chapter, Title and Number
Ch NR 166 - Safe Drinking Water Loan Program
3. Subject
Rules governing the implementation of the Safe Drinking Water Loan Program
4. Fund Sources Affected			5. Chapter 20, Stats. Appropriations Affected
⍽ GPR   X FED   ⍽ PRO   ⍽ PRS   X SEG   ⍽ SEG-S			n/a
6. Fiscal Effect of Implementing the Rule
X No Fiscal Effect ⍽ Indeterminate	⍽ Increase Existing Revenues ⍽ Decrease Existing Revenues		⍽ Increase Costs ⍽ Could Absorb Within Agency's Budget ⍽ Decrease Cost
7. The Rule Will Impact the Following (Check All That Apply)
⍽ State's Economy X Local Government Units		X Specific Businesses/Sectors X Public Utility Rate Payers ⍽ Small Businesses (if checked, complete Attachment A)
8. Would Implementation and Compliance Costs Be Greater Than $20 million? ⍽ Yes   X No
9. Policy Problem Addressed by the Rule
Anticipated rule changes will help streamline processes for awarding funding under the Safe Drinking Water Loan Program. Deadlines may be adjusted to better assist municipalities in submitting applications for funding, and language will be clarified with respect to eligible activities, projects and costs.
10. Summary of the businesses, business sectors, associations representing business, local governmental units, and individuals that may be affected by the proposed rule that were contacted for comments.
Changes to ch. NR 166 may affect municipalities and their consultants who seek funding for water infrastructure projects from the Safe Drinking Water Loan Program.
11. Identify the local governmental units that participated in the development of this EIA.
None up to now; local governments will be part of a future advisory group to identify rule changes.
12. Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
The rule will have minimal economic or fiscal impacts on businesses or municipalities seeking funding from the Safe Drinking Water Loan Program. Eligible costs and municipalities are prescripted by the federal government and won't be affected by the rule revisions.
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
By streamlining processes and clarifying critiera for the program, there will be fewer questions and process times may be shortened for both the applicants as well as DNR staff. Without the rule revisions, the program will continue to interpret clumsy or outdated language to ensure we are implementing the program consistent with federal policies and guidelines.
14. Long Range Implications of Implementing the Rule
Implementing the rule revisions will enable the Department to be more timely in our administration of the Safe Drinking Water Loan Program.
15. Compare With Approaches Being Used by Federal Government
The anticipated rule revisions will be consistent with the Federal Safe Drinking Water Act.
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota )
Each of the neighboring states implements the Safe Drinking Water Loan Program with minor differences, adjusted to meet state-specific needs. Many of the states have more sophisticated programs; all programs must be in compliance with the Federal Safe Drinking Water Act.
17. Contact Name				18. Contact Phone Number
Robin Schmidt				608-266-3915

This document can be made available in alternate formats to individuals with disabilities upon request.

ATTACHMENT A

1. Summary of Rule's Economic and Fiscal Impact on Small Businesses (Separately for each Small Business Sector, Include Implementation and Compliance Costs Expected to be Incurred)

The rule does not modify the requirement that recipients of the Federal Clean Water Fund Program funds must be in compliance with DBE requirements. This rule will have no fiscal or economic effect on Small Businesses.

2. Summary of the data sources used to measure the Rule's impact on Small Businesses

n/a

3. Did the agency consider the following methods to reduce the impact of the Rule on Small Businesses?

⍽ Less Stringent Compliance or Reporting Requirements

⍽ Less Stringent Schedules or Deadlines for Compliance or Reporting

⍽ Consolidation or Simplification of Reporting Requirements

⍽ Establishment of performance standards in lieu of Design or Operational Standards

⍽ Exemption of Small Businesses from some or all requirements

⍽ Other, describe:

4. Describe the methods incorporated into the Rule that will reduce its impact on Small Businesses

n/a

5. Describe the Rule's Enforcement Provisions

There are no enforcement provisions with respect to environmental regulations associated with this rule. There are provisions in the rule that recipients of funds must have approved plans of operation from the Department, and municipalities must have the financial means to repay loans associated with this program.

6. Did the Agency prepare a Cost Benefit Analysis (if Yes, attach to form)

⍽ Yes X No