SB15-SSA1,11 13Section 11 . 227.139 of the statutes is created to read:
SB15-SSA1,12,23 14227.139 Passage of bill required for certain rules. (1) If an economic
15impact analysis prepared under s. 227.137 (2), a revised economic impact analysis
16prepared under s. 227.137 (4), or an independent economic impact analysis prepared
17under s. 227.137 (4m) or 227.19 (5) (b) 3. indicates that $10,000,000 or more in
18implementation and compliance costs are reasonably expected to be incurred by or
19passed along to businesses, local governmental units, and individuals over any
202-year period as a result of the proposed rule, the agency proposing the rule shall
21stop work on the proposed rule and may not continue promulgating the proposed rule
22notwithstanding any provision authorizing or requiring the agency to promulgate
23the proposed rule, except as authorized under sub. (2).
SB15-SSA1,13,2 24(2) (a) Any member of the legislature may introduce a bill authorizing an
25agency to promulgate a rule that the agency is prohibited from promulgating under

1sub. (1). The agency may resume the rule-making process as provided in this
2subchapter upon enactment of a bill introduced under this paragraph.
SB15-SSA1,13,153 (b) If an agency is prohibited from promulgating a rule under sub. (1), the
4agency may modify the proposed rule, if the modification is germane to the subject
5matter of the proposed rule, to address the implementation and compliance costs of
6the proposed rule. If the agency modifies a proposed rule under this paragraph, the
7agency shall prepare a revised economic impact analysis under s. 227.137 (4).
8Following the modification, the agency may continue with the rule-making process
9as provided in this subchapter if the revised economic impact analysis prepared by
10the agency indicates, and any independent economic impact analysis prepared under
11s. 227.137 (4m) or 227.19 (5) (b) 3. subsequent to the agency's modification also
12indicates, that $10,000,000 or more in implementation and compliance costs are not
13reasonably expected to be incurred by or passed along to businesses, local
14governmental units, and individuals over any 2-year period as a result of the
15proposed rule.
SB15-SSA1,13,16 16(3) This section does not apply to rules promulgated under s. 227.24.
SB15-SSA1,13,18 17(4) (a) This section does not apply to a proposed rule of the department of
18natural resources relating to air quality if all of the following apply:
SB15-SSA1,13,2119 1. The rule is necessary to comply with an explicit call for a state
20implementation plan by the federal environmental protection agency under 42 USC
217410
(a) (1), 42 USC 7411 (c) (1) or (d) (1), or 42 USC 7412 (l) (1).
SB15-SSA1,13,2522 2. Any standard, requirement, or limitation proposed in the rule is consistent
23with and no more stringent in substance or form than what is required under the
24federal clean air act, 42 USC 7401 to 7671q, and regulations issued by the federal
25environmental protection agency under that act.
SB15-SSA1,14,2
13. The rule proposes to regulate only those emissions or substances explicitly
2required to be regulated under a state implementation plan described in subd. 1.
SB15-SSA1,14,53 (b) If the department of natural resources believes that par. (a) applies to a
4proposed rule, the department shall include a statement to that effect in any
5economic impact analysis prepared under s. 227.137 for the proposed rule.
SB15-SSA1,12 6Section 12. 227.14 (2) (a) 3m. of the statutes is created to read:
SB15-SSA1,14,117 227.14 (2) (a) 3m. A summary of any public comments and feedback on the
8statement of scope of the proposed rule that the agency received at any preliminary
9public hearing and comment period held under s. 227.136 and a description of how
10and to what extent the agency took those comments and that feedback into account
11in drafting the proposed rule.
SB15-SSA1,13 12Section 13. 227.14 (4m) of the statutes is amended to read:
SB15-SSA1,15,613 227.14 (4m) Notice of submittal to legislative council staff. On the same
14day that an agency submits a proposed rule to the legislative council staff under s.
15227.15, the agency shall prepare a written notice of the agency's submittal to the
16legislative council staff. The notice shall include a statement of the date on which
17the proposed rule has been submitted to the legislative council staff for review, of the
18subject matter of the proposed rule, and of whether a public hearing on the proposed
19rule is required under s. 227.16, and shall identify the organizational unit within the
20agency that is primarily responsible for the promulgation of the rule. The notice
21shall also include a statement containing the identifying number of the statement
22of scope for the proposed rule assigned under s. 227.135 (3), the date of publication
23and issue number of the register in which the statement of scope is published, and
24the date of approval of the statement of scope by the individual or body with
25policy-making powers over the subject matter of the proposed rule under s. 227.135

1(2). The notice shall be approved by the individual or body with policy-making
2powers over the subject matter of the proposed rule. The agency shall send an
3electronic copy of the notice to the legislative reference bureau, in a format approved
4by the legislative reference bureau, for publication in the register. On the same day
5that the agency sends the notice to the legislative reference bureau, the agency shall
6send a copy of the notice to the secretary of administration.
SB15-SSA1,14 7Section 14 . 227.15 (1) of the statutes is amended to read:
SB15-SSA1,15,208 227.15 (1) Submittal to legislative council staff. Prior to a public hearing
9on a proposed rule required under s. 227.16 or, if no such public hearing is required,
10prior to notice under s. 227.19, an agency shall submit the proposed rule to the
11legislative council staff for review. The proposed rule shall be in the form required
12under s. 227.14 (1), and shall include the material required under s. 227.14 (2), (3),
13and (4), the economic impact analysis required under s. 227.137 (2), and any revised
14economic impact analysis required under s. 227.137 (4). An agency may not hold a
15public hearing on a proposed rule or give notice under s. 227.19 until after it has
16received a written report of the legislative council staff review of the proposed rule
17or until after the initial review period of 20 working days under sub. (2) (intro.),
18whichever comes first. An agency may give notice of a public hearing prior to receipt
19of the legislative council staff report. This subsection does not apply to rules
20promulgated under s. 227.24.
SB15-SSA1,15 21Section 15 . 227.15 (1m) (bm) of the statutes is amended to read:
SB15-SSA1,15,2422 227.15 (1m) (bm) The economic impact analysis required under s. 227.137 (2)
23and, any revised economic impact analysis required under s. 227.137 (4), and any
24independent economic impact analysis prepared under s. 227.137 (4m)
.
SB15-SSA1,16 25Section 16. 227.16 (1) of the statutes is amended to read:
SB15-SSA1,16,4
1227.16 (1) Except as provided under sub. (2) In addition to any preliminary
2public hearing and comment period held under s. 227.136
, all rule making by an
3agency shall be preceded by notice and public hearing as provided in ss. 227.17 and
4227.18, except as provided in sub. (2).
SB15-SSA1,17 5Section 17. 227.16 (6) of the statutes is renumbered 227.136 (7) and amended
6to read:
SB15-SSA1,16,137 227.136 (7) For the purpose of soliciting public comment, an agency may hold
8a hearing on the general subject matter of possible or anticipated rules before
9preparing a statement of scope for a proposed rule in draft form. A hearing held
10under this subsection does not satisfy the requirement of sub. (1) with respect to the
11promulgation of a specific proposed rule
relieve the agency from its obligation to
12comply with a directive under sub. (1) or the requirement to hold a hearing under s.
13227.16
.
SB15-SSA1,18 14Section 18. 227.17 (1) (intro.) of the statutes is amended to read:
SB15-SSA1,16,1615 227.17 (1) (intro.) If a hearing is required under s. 227.16, the agency shall do
16all of the following
:
SB15-SSA1,19 17Section 19 . 227.17 (3) (eg) of the statutes is created to read:
SB15-SSA1,16,1918 227.17 (3) (eg) Any independent economic impact analysis prepared under s.
19227.137 (4m).
SB15-SSA1,20 20Section 20. 227.17 (3) (em) of the statutes is repealed.
SB15-SSA1,21 21Section 21 . 227.185 of the statutes is amended to read:
SB15-SSA1,17,4 22227.185 Approval by governor. After a proposed rule is in final draft form,
23the agency shall submit the proposed rule to the governor for approval. The governor,
24in his or her discretion, may approve or reject the proposed rule. If the governor
25approves a proposed rule, the governor shall provide the agency with a written notice

1of that approval. No proposed rule may be submitted to the legislature for review
2under s. 227.19 (2) unless the governor has approved the proposed rule in writing.
3The agency shall notify the joint committee for review of administrative rules
4whenever it submits a proposed rule for approval under this section.
SB15-SSA1,22 5Section 22 . 227.19 (3) (intro.) of the statutes is amended to read:
SB15-SSA1,17,166 227.19 (3) Form of report. (intro.) The report required under sub. (2) shall be
7in writing and shall include the proposed rule in the form specified in s. 227.14 (1);
8the material specified in s. 227.14 (2), (3), and (4); including any statement,
9suggested changes, or other material submitted to the agency by the small business
10regulatory review board; a copy of any economic impact analysis prepared by the
11agency under s. 227.137 (2); a copy of any revised economic impact analysis prepared
12by the agency under s. 227.137 (4); a copy of any report prepared by the department
13of administration under s. 227.137 (6);
independent economic impact analysis
14prepared under s. 227.137 (4m);
a copy of any energy impact report received from the
15public service commission under s. 227.117 (2); and a copy of any recommendations
16of the legislative council staff. The report shall also include all of the following:
SB15-SSA1,23 17Section 23. 227.19 (3) (c) of the statutes is amended to read:
SB15-SSA1,17,1918 227.19 (3) (c) A list of the persons who appeared or registered for or against the
19proposed rule at a public hearing held under s. 227.136 or 227.16.
SB15-SSA1,24 20Section 24 . 227.19 (4) (b) 1. (intro.) of the statutes is amended to read:
SB15-SSA1,18,221 227.19 (4) (b) 1. (intro.) Except as otherwise provided under subds. 1m. and 5.
22in this paragraph, the committee review period for each committee extends for 30
23days after referral of the proposed rule to the committee under sub. (2). If the
24chairperson or the cochairpersons of a committee take either of the following actions
25within the 30-day period, the committee review period for that committee is

1continued for 30 days from the date on which the first 30-day review period would
2have expired:
SB15-SSA1,25 3Section 25 . 227.19 (5) (b) 1. (intro.) of the statutes is amended to read:
SB15-SSA1,18,164 227.19 (5) (b) 1. (intro.) Except as otherwise provided in subd. 1m. this
5paragraph
, the review period for the joint committee for review of administrative
6rules extends for 30 days after the last referral of a proposed rule and any objection
7to that committee, and during that review period that committee may take any action
8on the proposed rule in whole or in part permitted under this subsection. The joint
9committee for review of administrative rules shall meet and take action in executive
10session during that period with respect to any proposed rule or any part of a proposed
11rule to which a committee has objected and may meet and take action in executive
12session during that period with respect to any proposed rule or any part of a proposed
13rule to which no committee has objected, except that if the cochairpersons take either
14of the following actions within the 30-day period, the joint committee review period
15is continued for 30 days from the date on which the first 30-day review period would
16have expired:
SB15-SSA1,26 17Section 26 . 227.19 (5) (b) 3. of the statutes is created to read:
SB15-SSA1,19,418 227.19 (5) (b) 3. The joint committee for review of administrative rules, by a
19majority vote of a quorum of the committee, may request the preparation of an
20independent economic impact analysis for a proposed rule, regardless of whether an
21independent economic impact analysis was prepared under s. 227.137 (4m). If the
22joint committee for review of administrative rules requests an independent economic
23impact analysis under this subdivision, the committee shall notify the agency
24proposing the proposed rule and shall contract with a person that is not an agency
25to prepare the independent economic impact analysis, and the review period for the

1committee is extended to the 10th working day following receipt by the committee
2of the completed analysis. The person preparing the independent economic impact
3analysis shall comply with s. 227.137 (4m) (c) 1. to 3. Costs of completing an
4independent economic impact analysis shall be paid as follows:
SB15-SSA1,19,105 a. If the estimate in the independent economic impact analysis of total
6implementation and compliance costs under s. 227.137 (3) (b) 1. varies from the
7agency's estimate by 15 percent or more or varies from the agency's determination
8that there will be no implementation or compliance costs, the committee shall assess
9the agency that is proposing the proposed rule for the costs of completing the
10independent economic impact analysis.
SB15-SSA1,19,1611 b. If the estimate in the independent economic impact analysis of total
12implementation and compliance costs under s. 227.137 (3) (b) 1. does not vary from
13the agency's estimate by 15 percent or more or is in accord with the agency's
14determination that there will be no implementation and compliance costs, the costs
15of completing the independent economic impact analysis shall be paid in equal parts
16from the appropriation accounts under s. 20.765 (1) (a) and (b).
SB15-SSA1,20,217 c. Notwithstanding subd. 3. a. and b., if the maximum potential obligation
18under the contract for completing the independent economic impact analysis exceeds
19$50,000, the joint committee for review of administrative rules shall submit the
20proposed contract to the joint committee on finance for the purpose of determining
21the funding source for the costs of completing the independent economic impact
22analysis, and the costs of completing the independent economic impact analysis shall
23be paid as provided by the joint committee on finance. If the joint committee on
24finance does not act to determine the funding source within 90 days, the costs of

1completing the independent economic impact analysis shall be paid as provided in
2subd. 3. a. and b.
SB15-SSA1,27 3Section 27 . 227.19 (5) (d) of the statutes is amended to read:
SB15-SSA1,20,164 227.19 (5) (d) Joint committee action. The joint committee for review of
5administrative rules may nonconcur in a committee's objection to a proposed rule or
6a part of a proposed rule, concur in a committee's approval of a proposed rule or a part
7of a proposed rule, otherwise approve a proposed rule or a part of a proposed rule, or
8waive its jurisdiction over a proposed rule or a part of a proposed rule by voting to
9nonconcur, concur, or approve, or to waive its jurisdiction, during the applicable
10review period under par. (b). Except as provided in par. (dm), if If the joint committee
11for review of administrative rules objects to a proposed rule or a part of a proposed
12rule and invokes this paragraph, an agency may not promulgate the proposed rule
13or part of the proposed rule objected to until a bill introduced under par. (e) fails to
14be enacted. The joint committee for review of administrative rules may object to a
15proposed rule or a part of a proposed rule under this paragraph only for one or more
16of the reasons specified under sub. (4) (d).
SB15-SSA1,28 17Section 28 . 227.19 (5) (dm) of the statutes is amended to read:
SB15-SSA1,21,418 227.19 (5) (dm) Rules increasing dwelling construction costs; Indefinite
19objection;
joint committee action. If the joint committee for review of administrative
20rules objects to a proposed rule or a part of a proposed rule for a reason specified in
21sub. (4) (d) 7.
and invokes this paragraph, the department of safety and professional
22services
agency may not promulgate the proposed rule or part of the proposed rule
23objected to until a bill introduced under par. (em) is enacted. This paragraph applies
24notwithstanding that the purpose of the one- and 2-family dwelling code under s.
25101.60 includes promoting interstate uniformity in construction standards
The joint

1committee for review of administrative rules may object to a proposed rule or a part
2of a proposed rule under this paragraph only for one or more of the reasons specified
3under sub. (4) (d)
. This paragraph does not apply to a proposed rule whose
4promulgation has been previously authorized under par. (fm).
SB15-SSA1,29 5Section 29 . 227.19 (5) (em) of the statutes is amended to read:
SB15-SSA1,21,146 227.19 (5) (em) Rules increasing dwelling construction costs; Indefinite
7objection;
bill to authorize promulgation. If the joint committee for review of
8administrative rules objects to a proposed rule or a part of a proposed rule under par.
9(dm), any member of the legislature may introduce a bill to authorize promulgation
10of the proposed rule or part of the proposed rule. This paragraph applies
11notwithstanding that the purpose of the one- and 2-family dwelling code under s.
12101.60 includes promoting interstate uniformity in construction standards.
This
13paragraph does not apply to a proposed rule whose promulgation has been previously
14authorized under par. (fm).
SB15-SSA1,30 15Section 30 . 227.19 (5) (f) (title) of the statutes is amended to read:
SB15-SSA1,21,1716 227.19 (5) (f) (title) Timely introduction of bills Bills to prevent promulgation ;
17effect.
SB15-SSA1,31 18Section 31 . 227.19 (5) (fm) of the statutes is amended to read:
SB15-SSA1,21,2519 227.19 (5) (fm) Rules increasing dwelling construction costs; timely
20introduction of bill
Indefinite objection; bills to authorize promulgation; effect. If all
21bills introduced under par. (em) are defeated, or fail to be enacted in any other
22manner, the agency may not promulgate the proposed rule or part of the proposed
23rule that was objected to unless subsequent law specifically authorizes its
24promulgation. If any of those bills becomes law, the agency may promulgate the
25proposed rule or part of the proposed rule that was objected to.
SB15-SSA1,32
1Section 32. 227.19 (6) (b) of the statutes is amended to read:
SB15-SSA1,22,122 227.19 (6) (b) Upon introduction of the bills under sub. (5) (e) or (g), the
3presiding officer of each house of the legislature shall refer the bill introduced in that
4house to the appropriate committee, to the calendar scheduling committee or directly
5to the calendar. If the committee to which a bill is referred makes no report within
630 days after referral, the bill shall be considered reported without recommendation.
7No later than 40 days after referral, or as soon thereafter as is possible if the
8legislature is not in a floorperiod 40 days after referral, the bills shall be placed on
9the calendar of each house of the legislature according to its rule governing the
10placement of proposals on the calendar. A bill introduced under this section which
11that is received in the 2nd house shall be referred, reported and placed on the
12calendar in the same manner as an original bill introduced under this section.
SB15-SSA1,33 13Section 33. 227.24 (1) (a) of the statutes is amended to read:
SB15-SSA1,22,1814 227.24 (1) (a) An agency may, except as provided in s. 227. 136 (1), promulgate
15a rule as an emergency rule without complying with the notice, hearing , and
16publication requirements under this chapter if preservation of the public peace,
17health, safety, or welfare necessitates putting the rule into effect prior to the time it
18would take effect if the agency complied with the procedures.
SB15-SSA1,34 19Section 34. 227.24 (1) (e) 1d. of the statutes is amended to read:
SB15-SSA1,23,720 227.24 (1) (e) 1d. Prepare a statement of the scope of the proposed emergency
21rule as provided in s. 227.135 (1), obtain approval of the statement as provided in s.
22227.135 (2), and send the statement to the legislative reference bureau for
23publication in the register as provided in s. 227.135 (3), and hold a preliminary public
24hearing and comment period if directed under s. 227.136 (1)
. If the agency changes
25the scope of a proposed emergency rule as described in s. 227.135 (4), the agency shall

1prepare and obtain approval of a revised statement of the scope of the proposed
2emergency rule as provided in s. 227.135 (4). No state employee or official may
3perform any activity in connection with the drafting of a proposed emergency rule
4except for an activity necessary to prepare the statement of the scope of the proposed
5emergency rule until the governor and the individual or body with policy-making
6powers over the subject matter of the proposed emergency rule approve the
7statement.
SB15-SSA1,35 8Section 35. 227.24 (4) of the statutes is amended to read:
SB15-SSA1,23,169 227.24 (4) Public hearing. Notwithstanding sub. (1) (a) and (b) and in addition
10to any preliminary public hearing and comment period held under sub. (1) (e) 1d.
, an
11agency shall hold a public hearing within 45 days after it promulgates a rule under
12sub. (1). If within that 45-day period the agency submits to the legislative council
13staff under s. 227.15 a proposed rule corresponding to the rule under sub. (1), it shall
14hold a public hearing on both rules within 90 days after promulgation of the rule
15under sub. (1), or within 30 days after the agency receives the report on the proposed
16rule prepared by the legislative council under s. 227.15 (2), whichever occurs later.
SB15-SSA1,36 17Section 36 . Initial applicability.
SB15-SSA1,23,2018 (1) This act first applies to a proposed rule or emergency rule whose statement
19of scope is presented for approval under section 227.135 (2) of the statutes on the
20effective date of this subsection.
SB15-SSA1,37 21Section 37. Effective date.
SB15-SSA1,23,2322 (1) This act takes effect on the first day of the first month beginning after
23publication.
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