Emergency Rules Now In Effect.
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Pages 5 to 11
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Agriculture, Trade and Consumer Protection:
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Rule relating to residential rental practices.
Rules relating to importing certain animals from a USDA-designated “non-modified accredited" state.
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Commerce:
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PECFA, Chs. Comm 46-47
Rules relating to Petroleum Environmental Cleanup Fund interagency responsibilities.
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Health & Family Services:
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Community Services, Chs. HFS 30--
Rules relating to state Supplemental Security Income (SSI) payments.
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Health & Family Services:
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Health, Chs. HFS 110--
Rules relating to certification for removal of lead-based paint hazards.
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Natural Resources:
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Fish, Game, etc., Chs. NR 1--
Rules relating to deer hunting.
Rules relating to the stewardship program.
Rules relating to cost sharing program to suppress gypsy moths.
Rules adopted revising ch. NR 6, relating to speed limits for snowmobiles.
[First Appearance]
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Natural Resources:
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Environmental Protection-General, Chs. NR 100--
Rules relating to the brownfield site assessment grant program.
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Natural Resources:
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Environmental Protection - Investigation & Remediation, Chs. NR 700--
Rules relating to sites contaminated with petroleum products from petroleum storage tanks.
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Public Service Commission:
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Rules relating to handling on confidential information.
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Regulation and Licensing:
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Rules relating to massage therapists and bodyworkers.
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Revenue:
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Rules relating to the tobacco settlement agreement.
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Tobacco Control Board:
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Rules relating to the administration and awarding of grants for tobacco control and establishing criteria for recipients of the grants.
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Scope Statements.
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Pages 12 to 13
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Agriculture, Trade and Consumer Protection:
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ATCP 69 - Relating to cheesemakers licenses.
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Agriculture, Trade and Consumer Protection:
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Relating to plant inspection and pest control.
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Health and Family Services:
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Relating to birth defect prevention and surveillance system.
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Health and Family Services
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Relating to permit fees in the existing regulation and licensing program.
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Natural Resources:
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Relating to development of a strategy for regulating mercury releases from wastewater.
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Notices of Submittal of Proposed Rules to Wisconsin Legislative Council Rules Clearinghouse.
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Pages 14 to 17
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Agriculture, Trade and Consumer Protection:
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S. ATCP 97.04 (4) (a) 1. to 5., relating to public warehouse keeper license fees.
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Commerce:
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Chs. Comm 4, 14, 16, 50 to 64, 65, 66, 69 and 73, relating to construction and fire prevention for public buildings and places of employment, including commercial buildings and structures, and multifamily dwellings.
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Health and Family Services:
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Relating to rules for immunization of children before they enter school and while in school.
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Health and Family Services:
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Relating to lead abatement programs.
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Natural Resources:
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Ch. NR 47, relating to the federal cost sharing program to suppress gypsy moths.
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Natural Resources:
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S. NR 25.03, relating to the relicensing of commercial fishers on Lake Michigan.
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Natural Resources:
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Ch. NR 754, relating to environmental insurance requirements for liability exemptions for voluntary remediation.
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Natural Resources:
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Relating to hazardous air pollutant emissions from pulp and paper mills.
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Natural Resources:
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S. NR 422.083, relating to reducing ambient ozone concentrations in southeastern Wisconsin by controlling volatile organic compound (VOC) emissions.
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Psychology Examining Board:
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Relating to continuing education and temporary practice.
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Tobacco Control Board:
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Ch. TCB 1, relating to the administration and awarding of grants for tobacco control.
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Workforce Development:
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S. DWD 14.24, relating to stale electronic food stamp accounts.
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Workforce Development:
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S. DWD 80.67, relating to worker's compensation insurer name change or reorganization.
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Rulemaking Notices.
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Pages 18 to 39
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Agriculture, Trade and Consumer Protection:
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Hearing to consider revision to ch. ATCP 74, relating to fees required of municipal agents that license and inspect retail food establishments.
[Hearing date: 1/17/01]
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Hearing to consider revision to ch. ATCP 161, relating to grants to ethanol producers.
[Hearing date: 1/24/01]
Hearing to consider revision to ch. ATCP 97, relating to warehouse keepers.
[Hearing date: 1/18/01]
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Commerce:
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Hearings to consider proposed rules affecting chs. Comm 4, 14, 16, 50 to 64, 65, 66, 69, and 73, relating to construction and fire prevention for public buildings and places of employment, including commercial buildings and structures and multifamily dwellings.
[Hearing date: 1/16/01, 1/18/01, 1/23/01, and 1/25/01]
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Health and Family Services:
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Health, Chs. HFS 110--
Hearings to consider revision to ch. HFS 144, relating to immunization of students. [Hearing dates: 1/16/01, 1/17/01, and 1/18/01]
Hearings to consider revision to ch. HFS 163, relating to certification for the activities related to lead based point hazards. [Hearing dates: 1/12/01, 1/16/01, 1/17/01, 1/18/01, and 1/19/01]
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Natural Resources:
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Fish, Game, etc., Ch. NR 1-
Hearings to consider amendment to s. NR 25.03 (2) (b), relating to relicensing commercial fishers on Lake Michigan. [Hearing dates: 1/12/01 and 1/22/01]
Hearing to consider emergency rule revision to ch. NR 6, relating to the speed limit for snowmobiles. [Hearing date: 1/17/01]
Hearing to consider both the emergency rule revision and proposed rule revision to ch. NR 47, relating to suppression of gypsy moths. [Hearing date: 1/31/01]
Environmental Protection-Air Pollution Control,
Ch. NR 400-
Hearings to consider revision to chs. NR 464 and 484, relating to hazardous air pollutant emissions from pulp and paper mills. [Hearing dates: 1/23/01 and 1/24/01]
Hearing to consider revision to chs. NR 422 and 439, relating to a one-hour ozone air quality standard attainment plan. [Hearing date: 1/31/01]
Environmental Protection -Investigation and
Remediation
Hearing to consider ch. NR 754, relating to insurance requirements related to natural attenuation for voluntary party liability exemption. [Hearing date: 1/17/01]
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Psychology Examining Board:
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Hearing to consider ss. Psy 2.14 and 4.02, relating to continuing education and temporary practice. [Hearing date: 1/12/01]
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Public Service Commission:
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Hearing to consider revision to ch. PSC 116, relating to fuel cost adjustments for electric public utilities. [Hearing date: 1/23/01]
Hearing to consider revision to ch. PSC 163, relating to telecommunications utility price regulation. [Hearing date: 1/18/01]
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Workforce Development
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Economic Support, Chs. DWD 11-59
Hearing to consider repeal of s. DWD 14.24, relating to stale electronic food stamp accounts. [Hearing date: 1/19/01]
Worker's Compensation, Ch. DWD 80
Hearing to consider revision of s. DWD 80.67, relating to insurer name change or reorganization. [Hearing date: 1/19/01]
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Administrative Rules Filed with the Revisor of Statutes Bureau.
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Page 40
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Natural Resources:
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Natural Resources:
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Natural Resources:
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( CR 00-090) - Chs. NR 700, 716, 720, 722, 726, and 746
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Natural Resources:
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Regulation and Licensing:
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Regulation and Licensing:
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Regulation and Licensing:
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Social Workers, marriage and Family Therapists and Professional Counselors:
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Rules Published in this Wis. Adm. Register.
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Page 41
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Commerce:
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Commerce:
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Corrections:
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Employee Trust Funds:
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Financial Institutions, Division of Securities:
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Health and Family Services:
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Health and Family Services:
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Natural Resources:
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( CR 00-2) - Chs. NR 108, 114, 809 and 811
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Natural Resources:
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Natural Resources:
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Natural Resources:
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Nursing:
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Public Instruction:
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Revenue:
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Sections Affected by Rule Revisions and Corrections.
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Pages 42 to 44
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REVISIONS
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Commerce:
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Chs. Comm 18, 81, 82, 84
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Corrections:
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Ch. DOC 303
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Employee Trust Funds:
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Ch. ETF 10
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Financial Institutions -- Securities:
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Chs. DFI-Sec 2, 3, 4, 5, and 7
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Health and Family Services:
(Health, Chs. HFS 110—)
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Chs. HFS 119 and 120
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Natural Resources:
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Chs. NR 10, 25, 108, 114, 190, 809, and 811
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Nursing, Board of:
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Ch. N 5
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Public Instruction:
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Ch. PI 11
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Revenue:
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Ch. Tax 9
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Final Regulatory Flexibility Analyses.
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Page 45-46
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Executive Orders.
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Page 47
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Executive Order No. 412
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Relating to a proclamation that the flag of the United States and the state of Wisconsin be flown at half-staff as a mark of respect for those brave Americans Who Lost Their Lives as a Result of the Attack on Pearl Harbor.
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Emergency rules now in effect
Under s. 227.24, Stats., state agencies may promulgate rules without complying with the usual rule-making procedures. Using this special procedure to issue emergency rules, an agency must find that either the preservation of the public peace, health, safety or welfare necessitates its action in bypassing normal rule-making procedures.
Emergency rules are published in the official state newspaper, which is currently the Wisconsin State Journal. Emergency rules are in effect for 150 days and can be extended up to an additional 120 days with no single extension to exceed 60 days.
Extension of the effective period of an emergency rule is granted at the discretion of the Joint Committee for Review of Administrative Rules under s. 227.24 (2), Stats.
Notice of all emergency rules which are in effect must be printed in the Wisconsin Administrative Register. This notice will contain a brief description of the emergency rule, the agency finding of emergency, date of publication, the effective and expiration dates, any extension of the effective period of the emergency rule and information regarding public hearings on the emergency rule.
Copies of emergency rule orders can be obtained from the promulgating agency. The text of current emergency rules can be viewed at
www.legis.state.wi.us/rsb/code.
Agriculture, Trade & Consumer Protection - (2)
1. Rule adopted repealing s. ATCP 134.06 (3) (c) note and creating s. ATCP 134.06 (3) (d), relating to residential rental practices.
Exemption from finding of emergency
On June 21, 2000, the Legislature's Joint Committee for Review of Administrative Rules (JCRAR) found that the “note" to s. ATCP 134.06 (3) (c) is actually a rule and directed DATCP to adopt the “note" as an emergency rule. According to s. 227.26 (2) (b), Stats., DATCP must promulgate the emergency rule under s. 227.24 (1) (a), Stats., within 30 days after the JCRAR directs DATCP to do so. Because the JCRAR has directed DATCP to adopt this emergency rule, DATCP is not required to make any other finding of emergency.
Analysis prepared by the Department of Agriculture, Trade and Consumer Protection
The Department of Agriculture, Trade and Consumer Protection (DATCP) administers state landlord-tenant rules contained in ch. ATCP 134, Wis. Adm. Code. These rules affect over 1.5 million Wisconsin residents.
This emergency rule modifies current residential rental practices rules related to security deposit withholding. Under current rules, a landlord may not withhold a security deposit for normal wear and tear, or for other damages or losses for which the tenant cannot reasonably be held responsible. A “note" to s. ATCP 134.06 (3) (c) also states that a landlord may not withhold from a tenant's security deposit for routine painting or carpet cleaning, where there is no unusual damage caused by tenant neglect.
Publication Date:
July 20, 2000
Effective Date:
July 20, 2000
Expiration Date:
December 18, 2000
Extension Through:
February 15, 2001
2. Rules adopted creating
ch. ATCP 16, relating to importing bovine animals, goats or cervids from a state designated by USDA as a tuberculosis “non-modified accredited" state.
Statement of Emergency
(1) Bovine tuberculosis is a contagious, infectious and communicable disease caused by Mycobacterium bovis (M. bovis). It affects cattle, bison, deer, elk, goats and other species, including humans. Bovine tuberculosis in infected animals and humans manifests itself in lesions of the lung, bone, and other body parts. Bovine tuberculosis causes weight loss and general debilitation, and can be fatal.
(2) Wisconsin is currently classified by the United States Department of Agriculture (USDA) as “accredited-free" for tuberculosis.
(3) The USDA recently reclassified Michigan from “accredited-free" to “non-modified accredited," reflecting a higher risk of bovine tuberculosis.
(4) A significant number of bovine animals, goats and cervids are imported to Wisconsin from Michigan each year.
(5) The last known case of bovine tuberculosis in cattle in Wisconsin was confirmed in an animal imported from Michigan.
(6) If bovine tuberculosis becomes established in Wisconsin, it will pose a significant threat to the health of domestic animals and humans in this state.
(7) An emergency rule is needed to protect the public peace, health, safety and welfare. This emergency rule will help to control a serious disease in cattle, goats and cervids and will help protect the marketability of Wisconsin-raised animals.
Publication Date:
August 11, 2000
Effective Date:
August 11, 2000
Expiration Date:
January 8, 2001
Hearing Dates:
September 19, 2000
Extension Through:
March 8, 2001
Commerce
(PECFA - Chs. Comm 46-47)
Rules adopted creating ch. Comm 46, relating to “Petroleum Environmental Cleanup Fund Interagency Responsibilities," and relating to site contaminated with petroleum products from petroleum storage tanks.
Exemption from finding of emergency
(See section 9110 (3yu) 1999 Wis. Act 9)
Analysis prepared by the Department of Commerce
Statutory authority: ss. 227.11 (2) (a) and 227.24 and s. 9110 (3yu) (b) of 1999 Wis. Act 9.
Statutes interpreted: ss. 101.143, 101.144, 292.11, and 292.31 and ch. 160
The proposed ch. Comm 46 is identical to ch. NR 746 that is being promulgated by the Department of Natural Resources.
Chapter Comm 46 provides that the Department of Natural Resources has authority for “high-risk sites" and that the Department of Commerce has authority for “low and medium risk sites." The rule requires the Department of Natural Resources to transfer authority for sites with petroleum contamination from petroleum storage tanks to the Department of Commerce once the site is classified, unless the site is classified as a “high-risk site" or the site is contaminated by one or more hazardous substances other than petroleum products discharged from a petroleum storage tank. The rule also establishes procedures for transferring sites from one agency to the other whenever new information relevant to the site classification becomes available.
Chapter Comm 46 also provides jointly developed requirements for:
1. Selecting remedial bids and the setting of remediation targets for sites that are competitively bid or bundled with another site or sites.
2. Determining when sites may close.
3. Determining when remediation by natural attenuation may be approved as the final remedial action for a petroleum-contaminated site.
4.Tracking the achievement of remediation progress and success.
5. Reporting of program activities.
Publication Date:
May 17, 2000
Effective Date:
May 18, 2000
Expiration Date:
October 15, 2000
Hearing Dates:
June 15, July 10 & 12, 2000
Extension Through:
February 11, 2001
Health & Family Services
(Community Services, Chs. HFS 30-)
Rules were adopted creating ch. HFS 79, relating to state supplemental security income payments.
Statement of Emergency
The Department of Health and Family Services finds that an emergency exists and that rules are necessary for the immediate preservation of the public peace, health, safety or welfare. The facts constituting the emergency are as follows:
Sections 49.77 and 49.775, Stats., authorize the Department to administer Supplemental Security Income (SSI) state supplemental payments to low income elderly and disabled residents of Wisconsin and their dependent children. These SSI payments are funded by state general purpose revenue and federal Temporary Assistance for Needy Families (TANF) grant funding in excess of $140,000,000 per state fiscal year. These payments are distributed monthly to approximately 100,000 beneficiaries and their dependent children. Neither s. 49.77 or 49.775, Stats., direct the Department to develop administrative rules to administer the program.
An unavoidable aspect of the program is the Department's need to periodically recover payments incorrectly made to benefit recipients. Overpayments and incorrect payments occur due to delays in transmission of eligibility and pricing information between the federal Social Security Administration and the Department and are not due to the Department's error or omission. On November 24, 1999, by order of the Wisconsin Court of Appeals, District II, the Department was found, absent administrative rule, to lack the authority to administratively recoup benefits overpaid to recipients who were ineligible for the benefits or to whom the Department paid an incorrect amount of benefits. The Department sought to appeal the decision to the Wisconsin Supreme Court, but recently learned that the Supreme Court will not hear the case. The Department's inability to recover payments made in error will cost the Department about $10,000 per month. Developing and promulgating permanent administrative rules to address the Court's decision will require at least 7 months, thereby costing the Department approximately another $70,000. The Department deems this unanticipated expense a threat to the public welfare insofar as Wisconsin and federal taxpayers should not be called upon to shoulder the burden of these unanticipated and undeserved expenses. Therefore, the Department is promulgating this emergency rule until the Department can promulgate a similar permanent rule.
This emergency rule provides the Department with the authority to recoup benefits incorrectly paid under ss. 49.77 and 49.775, Stats., and to again effectively administer both state and federal public welfare funding. By issuing this rule, the Department will effectively recover taxpayer monies to which recipients were not entitled, pending the promulgation of permanent rules.
Publication Date:
September 5, 2000
Effective Date:
September 5, 2000
Expiration Date:
February 2, 2001
Hearing Dates:
December 13, 2000
Health & Family Services
(Health, Chs. HFS 110-)
Rules adopted revising ch. HFS 163
, relating to certification for the identification, removal and reduction of lead-based paint hazards.
Statement of Emergency
The Department of Health and Family Services finds that an emergency exists and that the rules are necessary for the immediate preservation of the public peace, health, safety or welfare. The facts constituting the emergency are as follows:
Summary
September 2000 regulations issued by the U.S. Department of Housing and Urban Development (HUD) assume states' commencing lead abatement activities compliant with the federal regulations beginning March 15, 2001. The Department estimates that about 5,000 structures in the state require lead abatement activities. About 300 persons need to be trained to conduct lead abatement activities on these 5,000 structures. Without DHFS issuance of revised training program requirements, Wisconsin's lead training programs will not alter their courses to HUD standards or receive state accreditation in time for sufficient personnel to be trained by the time high demands for lead abatement commences. To sanction ill-trained lead abatement personnel by March 15, 2001, the Department would needlessly endanger the health of both untrained lead abatement personnel and the public whose residences are affected.
Lead Abatement Activities
Residences built before 1978 have a high likelihood of containing lead-based paint. When lead-based paint is in poor condition or when it is disturbed through activities such as sanding or scraping, the paint can break down into chips and dust that become a potential source of lead poisoning for occupants. Wisconsin has nearly 500,000 rental units and 1 million owner-occupied units built before 1978 and presumed to contain lead-based paint.
Exposure to lead in paint, dust or soil has both short-term and long-term adverse health effects on children, causing learning disabilities, decreased growth, hyperactivity, impaired hearing, brain damage and even death. When not fatal, these effects on the body last a lifetime. Of 63,400 Wisconsin children under the age of 6 screened for lead poisoning in 1999, 3,744 were identified as having lead poisoning. However, the number of children affected by lead poisoning is probably much greater, since the 63,400 screened represented only 16% of the state's children under the age of 6. Many of these children would not become lead poisoned if pre-1978 dwellings did not have deteriorated paint or lead-based paint on friction or impact surfaces and if lead-safe techniques were used when disturbing lead-based paint.
Lead poisoning can also affect older children and adults. In 1999, a 40-year old man employed to remove paint from windows of a rental dwelling was severely lead poisoned. He was hospitalized with complaints of headaches and joint pain. He underwent multiple sessions of chelation therapy to remove some of the lead from his blood, but still suffered serious neurological damage, which affected his speech and balance. This man's lead poisoning could have been avoided if he had been trained to use lead-safe techniques and personal protection equipment.
Existing Wisconsin Law
Chapter 254, Stats., provides for a comprehensive lead hazard reduction program, including lead exposure screening, medical case management and reporting requirements, and the development of lead training accreditation and certification programs. Under the authority of Chapter 254, Stats., the Department promulgated Chapter HFS 163, Wis. Adm. Code, in 1988 to provide rules for the certification of individuals performing lead hazard reduction and for the accreditation of the courses that prepare individuals for certification. These rules have been revised over time to meet requirements of the U.S. Environmental Protection Agency (EPA).
Wisconsin met federal standards for a state-administered lead training accreditation and certification program and received EPA authorization effective January 27, 1999. The Department's Asbestos and Lead Section of the Bureau of Occupational Health administers and enforces lead-based paint training, certification and work practice provisions of Chapter HFS 163, Wis. Adm. Code. The Section operates on a combination of program revenue and lead program development grants from the EPA.
Under Chapter HFS 163, Wis. Adm. Code, a person offering, providing or supervising lead-based paint activities for which certification is required must be certified as a lead company and may only employ or contract with appropriately certified individuals to perform these activities. An individual may apply for certification in the following disciplines: lead (Pb) worker, supervisor, inspector, risk assessor and project designer. For initial certification, the individual must be 18 years of age or older, must meet applicable education and experience qualifications, must successfully complete certification training requirements and, to be certified as a lead (Pb) inspector, risk assessor or supervisor, must pass a certification examination. All individuals must have completed worker safety training required by the U.S. Occupational Health and Safety Administration for lead in construction. In addition, a lead (Pb) worker, supervisor, or project designer must complete a 16-hour lead (Pb) worker course, a lead (Pb) supervisor or project designer also must complete a 16-hour lead (Pb) supervisor course, and a lead (Pb) project designer must complete an 8-hour lead (Pb) project designer course. A lead (Pb) inspector or risk assessor must complete a 24-hour lead (Pb) inspector course and a lead (Pb) risk assessor must also complete a 16-hour lead (Pb) risk assessor course.
New Federal Regulations
The U.S. Department of Housing and Urban Development (HUD) revised 24 CFR Part 35 effective September 15, 2000. The regulations require most properties owned by the federal government or receiving federal assistance to conduct specified activities to make the property lead-safe. Specifically, these regulations affect property owners receiving federal rehabilitation funds and landlords whose tenants receive federal rental assistance. To meet HUD's lead-safe standards, most affected properties must have a risk assessment completed and must use certified persons to reduce or eliminate the lead-based paint hazards identified in the risk assessment report. Property owners must also use trained people to perform maintenance or renovation activities and must have clearance conducted after completing activities that disturb lead-based paint. Clearance is a visual inspection and dust-lead sampling to verify that lead-based paint hazards are not left behind. The HUD regulations also establish a new, research-based standard for clearance that is more protective than HUD's previously recommended standard.
The EPA has issued a memorandum urging States to implement a lead sampling technician discipline for which a 1-day training course would be required. Addition of this discipline would help to meet the increased demand for clearance under both the HUD regulations and renovation and remodeling regulations being considered by EPA.
The EPA is preparing to promulgate lead renovation and remodeling regulations under 40 CFR Part 745. Under these training and certification regulations for renovators, any person who disturbs paint in a pre-1978 dwelling, other than a homeowner performing activities in an owner-occupied dwelling, will have to complete lead-safe training. EPA is also considering requiring clearance after any activity that disturbs paint in a pre-1978 dwelling, except when work on owner-occupied property was done by the property owner.
New Wisconsin Law
