See page 20 of the June 30, 2000 Wisconsin Administrative Register.
Initial Regulatory Flexibility Analysis
See page 20 of the June 30, 2000 Wisconsin Administrative Register.
Notice of Hearing
Agriculture, Trade & Consumer Protection
The State of Wisconsin Department of Agriculture, Trade and Consumer Protection announces it will hold a public hearing on its emergency rule (ss. ATCP 10.21(1m), and 10.63(1m)) relating to an implied warranty that cattle and goats are free of paratuberculosis (also known as Johne's disease).
Hearing Information
July 27, 2000 Agriculture, Trade &
Thursday Consumer Protection
2:00 p.m. Prairie Oak State
Office Bldg.
2811 Agriculture Dr.
Madison, WI
Public comment is being sought on the Department's emergency rule, pursuant to s. 227.24(4), Stats., which requires that a public hearing be held within 45 days after an emergency rule is adopted. Following the public hearing, the hearing record will remain open until August 4, 2000 to receive additional written comments.
An interpreter for the hearing impaired will be available on request for this public hearing. Please make reservations for a hearing interpreter by July 20, 2000 either by writing to Dr. Robert Ehlenfeldt, Division of Animal Health, P.O. Box 8911, Madison, WI 53708-8911 (telephone 608-224-4880) or by calling the Department TDD at 608-224-5058.
Analysis prepared by the Department of Agriculture, Trade and Consumer Protection
Statutory authority: ss. 93.07(1) and 95.195 as affected by 1999 Wis. Act. 160
Statutes interpreted: s. 95.195 as affected by 1999 Wis. Act 160
The department of agriculture, trade and consumer protection administers the “implied warranty" law under s. 95.195, Stats., related to sales of animals. This emergency rule implements 1999 Wis. Act 160, which modified the “implied warranty" law. This emergency rule maintains the current coverage of the law by clarifying that the law applies to paratuberculosis (Johne's disease) in cattle and goats. This emergency rule does not expand the coverage of the current law.
Background
Paratuberculosis, also known as Johne's disease, is a serious and widespread disease of cattle and goats. The disease is slow to develop, and an infected animal may go for years without showing symptoms. An infected animal, which is free of symptoms at the time of sale, may spread the disease to a buyer's herd. The disease has a serious impact on milk production, and is ultimately fatal to infected animals.
1989 Wis. Act 277 established a Johne's disease “implied warranty" in the sale of cattle and goats. Under the “implied warranty" law, a seller implicitly warrants to a buyer that cattle and goats are free of Johne's disease unless the seller complies with certain testing and disclosure requirements. If cattle or goats are infected with Johne's disease at the time of sale, and the seller has not complied with those testing and disclosure requirements, the buyer may sue the seller for damages under the “implied warranty."
The “implied warranty" law protects buyers, and gives sellers an incentive to test their animals for Johne's disease. A seller may avoid the “implied warranty" by testing and disclosing. Testing is important for controlling this serious disease.
1999 Wis. Act 160 changed the “implied warranty" law, effective July 1, 2000. It changed prior testing and disclosure requirements to make the law more effective and workable. It also authorized DATCP to cover other diseases and animal species by rule. DATCP must implement the new law by rule. The “implied warranty" will no longer apply to any animals or diseases (including Johne's disease in cattle or goats) unless DATCP identifies those animals and diseases by rule.
DATCP, the livestock industry and the Legislature intended that the new law would apply, at a minimum, to Johne's disease in cattle and goats. DATCP has in fact adopted new Johne's disease rules for cattle and goats, in anticipation of the July 1, 2000 effective date of the new law. However, the new rules are technically flawed, in that they imply but do not explicitly state that the new law applies to Johne's disease in cattle and goats. This emergency rule remedies that technical flaw on a temporary basis, pending the adoption of “permanent" remedial rules. This emergency rule does not change the substance or intended application of DATCP's Johne's disease rules.
Text of Rule
SECTION 1. ATCP 10.21(1m) is created to read:
ATCP 10.21(1m) Implied warranty. Section 95.195, Stats., covers paratuberculosis in cattle and applies to sales of cattle.
SECTION 2. ATCP 10.63(1m) is created to read:
ATCP 10.63(1m) Implied warranty. Section 95.195, Stats., covers paratuberculosis in goats and applies to sales of goats.
Fiscal Estimate
The department does not expect this emergency rule to have any fiscal effect on state or local governments.
Initial Regulatory Flexibility Analysis
This emergency rule will have little or no impact on small businesses. It does not change the extent of coverage of the implied warranty rule. It merely makes explicit the coverage which was previously only implied in the Johne's disease rules.
Notice of Hearing
Public Service Commission
The Commission proposes to create a new chapter of rules pursuant to provisions of 1999 Wis. Act 9, in order to establish a renewable resource credits (RRC) trading program. The renewable resource requirement legislation, s. 196.378, Stats., requires electric energy providers to meet increasing percentages of their retail energy sales with renewable resources. An RRC program. must be established, allowing electric providers that supply more retail renewable energy than the minimum statutory requirements to sell credits to other providers, or to bank credits for future use. Rules promulgated will perform several functions basic to the creation of an RRC program, as specified in s. 196.378 (3), Stats.
Notice is further given that a hearing will be held beginning on Wednesday, July 26, 2000, at 9:30 a.m. in the Amnicon Falls Hearing Room at the Public Service Commission Building, 610 North Whitney Way, Madison, Wisconsin, and continuing at times to be set by the presiding Administrative Law Judge. This building is accessible to people in wheelchairs through the Whitney Way first floor (lobby) entrance. Parking for people with disabilities is available on the south side of the building. Any person with a disability who needs additional accommodations should contact the case coordinator listed below.
Summary and Analysis of Rules
Statutory authority: ss. 196.02(1) and (3), 196.378(3), and 227.22
Statute interpreted: s. 196.378
1999 Wis. Act 9 created a renewable portfolio standard, requiring electric providers to meet certain minimum percentages of their retail sales with renewable resources. These minimum percentages gradually increase over time. In lieu of providing renewable energy to its customers, an electric provider can obtain an RRC. The proposed rules address the requirements and procedures for creation and use of RRCs.
The proposed rules require a program administrator to implement and supervise an RRC trading program for participants. Beginning on January 1, 2001, RRCs for use in the trading program may be created by the energy output of a renewable facility. The energy output must be physically metered and sold at retail and the program administrator must verify the accuracy of the metering. The renewable facility must also register with, and be certified by, the Commission.
The program administrator will create an RRC account to track RRCs for each program participant. The program administrator will also credit RRCs to RRC accounts. When an RRC is credited to an account, the account owner may sell or transfer the RRC to any person. An RRC may continue to be sold or traded as long as each buyer or transferee reports the transaction to the program administrator within 10 days of its consummation. The program administrator retires the RRCs upon their use to satisfy the electric providers minimum renewable energy requirement. If an RRC is not used within five years of its creation, the program administrator will retire it.
The rules require that a renewable facility creating RRCs be certified by the Commission. To accomplish this, the owner of a renewable facility, or its designated representative, must provide registration information to the Commission. This information includes the renewable facility's location, owner, and technology; date placed in service; and rated capacity. Information that demonstrates that the renewable facility meets the resource eligibility criteria must also be provided.
Initial Regulatory Flexibility Analysis
The proposed rules would apply to electric public utilities and retail electric cooperatives. The proposed rules do not affect small businesses as defined in s. 227.114, Stats.
Environmental Analysis
This is a Type III action under s. PSC 4.10(3), Wis. Adm. Code. No unusual circumstances suggesting the likelihood of significant environmental consequences have come to the Commission's attention. Neither an environmental impact statement under s. 1.11, Wis. Stats., nor an environmental assessment is required.
Fiscal Estimate
It has not been determined how the program administrator will be created. A collaborative report to the Commission will be part of the rulemaking process. The report will address this issue, among others, and make a recommendation to the Commission for action. Until the report is received and action is taken by the Commission, it would be speculative to provide cost data. A new fiscal note will be developed after the Commission has acted on the collaborative report.
Questions from the media should be directed to Jeff Butson, Public Affairs Director, at (608) 267-0912.
Questions or requests for a free copy of the proposed rules regarding this matter should be directed to case coordinator Carol A. Stemrich at (608) 266-8174.
Notice of Hearing
Transportation
Notice is hereby given that pursuant to ss. 15.04 (1) (g), 85.16 (1), 86.07 (2), 85.025, 85.05, 84.01 (15), 84.015, 84.03 (1), 84.01 (2), 85.02, 88.87 (3), 20.395 (9) (qx), 236.12 (2) (a) and (7), 236.13 (1) (e) and (3), 1.11 (1), 1.12 (2); 1.13 (3), as created by 1999 Wis. Act 9; 114.31 (1), 84.01 (17), 66.30 (2); and 86.31 (6), Stats., as affected by 1999 Wis. Act 9; and interpreting ss. 1.13 (2), 16.9651 (2) and 66.0295 (2) (c), Stats., all as created by 1999 Wis. Act 9; 15.04 (1) (g), 1.11. 1.12, 32.035, 88.87, 703.11, Stats; 84.01 (15), 84.015, 84.03 (1), Stats., and the federal laws and regulations thereby expressly endorsed and adopted by the Legislature, including 23 USC 109, 134, 135, 138, and 315; and 236.12 (2) (a), 236.34, 236.45 and 703.11, Stats., the Department of Transportation will hold a public hearing at the time and place indicated below to consider the amendment of ch. Trans 233, Wis. Adm. Code, relating to division of land abutting a state trunk or connecting highway.
Hearing Information
Date & Time Location
August 4, 2000 Room 421, Hill Farms
Friday State Transportation Bldg.
9:00 a.m. 4802 Sheboygan Ave.
MADISON, WI
Parking for persons with disabilities and an accessible entrance are available on the north and south sides of the Hill Farms State Transportation Building.
An interpreter for the hearing-impaired will be available on request for this hearing. Please make reservations for a hearing interpreter at least 10 days prior to the hearing.
Written Comments
The public record on this proposed rule-making will be held open until close of business Friday, August 11, 2000, to permit the submission of written comments from persons unable to attend the public hearing or who wish to supplement testimony offered at the hearing. Any such comments should be submitted to Julie Johnson, Administrative Rules Coordinator, Department of Transportation, Office of General Counsel, Room 115-B, P. O. Box 7910, Madison, WI 53707-7910.
Analysis Prepared by the Wis. Dept. of Transportation
Statutory authority: ss. 15.04(1)(g), 85.16(1), 86.07(2), 85.025, 85.05, 84.01(15), 84.015, 84.03(1), 84.01(2), 85.02, 88.87(3), 20.395(9)(qx), 236.12(2)(a) and (7), 236.13(1)(e) and (3), 1.11(1), 1.12(2); 1.13(3), as created by 1999 Wis. Act 9; 114.31(1), 84.01(17), 66.30(2); and 86.31(6), Stats., as affected by 1999 Wis. Act 9
Statutes interpreted: ss. 1.13(2), 16.9651(2), 66.0295(2)(c), and 86.255, Stats., all as created by 1999 Wis. Act 9; 15.04(1)(g), 1.11. 1.12, 32.035, 88.87, Stats; 84.01(15), 84.015, 84.03(1), Stats., and the federal laws and regulations thereby expressly endorsed and adopted by the Legislature, including 23 USC 109, 134, 135, 138, and 315; and 236.12(2)(a), 236.34, 236.45 and 703.11, Stats.
General Summary of Proposed Rule
THREE OBJECTIVES:
This proposed revision to ch. Trans 233 attempts to accomplish three objectives. First, it implements agreements reached through a broad-based, participative process for consideration of improvements to the 1999 rule, sponsored by the Subcommittee on Review of ch. Trans 233 of the Assembly Committee on Transportation. Second, it attempts to strike a proper balance between individual and governmental highway setback concerns through a combination of specific analysis and applicability of different setback provisions to defined portions of the state trunk and connecting highway system. The proposal reflects the testimony and discussion at the hearing before the Joint Committee for Review of Administrative Rules on June 21, 2000. Third, it recognizes and reflects recent changes in state and federal laws regarding land use that affect highway and transportation planning and development.
BRIEF HISTORY:
Chapter Trans 233, relating to land divisions abutting state trunk highways and connecting streets, was established in 1956 and required amendments for consistency with existing laws, new developments in land use and transportation planning principles, and for clarification and uniformity. Chapter Trans 233 was first revised effective February 1, 1999.
WISDOT has gained about a year and half experience with the revised rule and has been working cooperatively with many affected interests and legislators to refine the implementation of the new provisions of ch. Trans 233 through a four step process, in brief:
1. Education, Training, Meetings.
2. Specific Responses to Questions.
3. Uniform Implementation.
4. Refine Rule As Necessary.
Through this process, WISDOT and others have reached numerous agreements to amend ch. Trans 233, Wis. Adm. Code, in conjunction with the Subcommittee on Review of ch. Trans 233 of the Assembly Committee on Transportation. These agreements have been memorialized in the Wisconsin Legislative Council Staff Memorandum of William Ford to Representative David Brandemuehl dated February 18, 2000 and an attached memo from James S. Thiel of February 14, 2000 to former Secretary of Transportation Thompson.
1. IMPLEMENT AGREEMENTS:
The first purpose of this proposed rule revision is to implement these conceptual agreements for clarification or modification of the rule as part of this continuing cooperative process “for the safety of entrance and departure from the abutting [highways] and for the preservation of the public interest and investment in the [highways]." Further details of these improvements are provided in notes following each section of the proposed rule revision.
