2017 - 2018 LEGISLATURE
October 24, 2017 - Introduced by Representatives Kremer, Horlacher, August,
Bernier, Born, R. Brooks, Gannon, Hutton, Jarchow, Knodl, Kuglitsch,
Murphy and Skowronski, cosponsored by Senators Stroebel, Craig, Nass
and Kapenga. Referred to Committee on Federalism and Interstate Relations.
AB587,1,3 1An Act to amend 285.11 (1), 285.13 (7) and 990.01 (30m); and to create 285.20
2of the statutes; relating to: Department of Natural Resources rules and
3regulation of air pollutants.
Analysis by the Legislative Reference Bureau
This bill requires the Department of Natural Resources to identify and repeal
all administrative rules promulgated by DNR that relate to the regulation of air
pollutants that are not regulated under federal law. The bill also provides that any
rule promulgated by DNR that relates to the regulation of an air pollutant that is not
regulated under federal law expires ten years after the rule takes effect. The bill
provides that DNR may promulgate a rule to readopt an expiring rule using the
standard rule-making process no sooner than the year prior to the rule's expiration.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB587,1 4Section 1. 285.11 (1) of the statutes is amended to read:
AB587,1,65 285.11 (1) Promulgate Subject to s. 285.20, promulgate rules implementing
6and consistent with this chapter and s. 299.15.
1Section 2. 285.13 (7) of the statutes is amended to read:
AB587,2,42 285.13 (7) Establish Subject to s. 285.20, establish by rule, consistent with the
3federal clean air act, the amount of offsetting emissions reductions required under
4s. 285.63 (2) (a).
AB587,3 5Section 3. 285.20 of the statutes is created to read:
AB587,2,10 6285.20 Air pollution control administrative rules. (1) If the department
7promulgates a rule relating to the control of an air pollutant that is not regulated
8under federal law, the rule expires on January 1 of the 10th year after the year in
9which the promulgation or readoption of the rule takes effect as provided in s. 227.22,
10unless the rule provides for an earlier repeal date.
AB587,2,14 11(2) No earlier than January 1 and no later than March 1 of the year preceding
12the expiration date of a rule as provided under sub. (1), the department may, using
13the rule-making process in ch. 227, promulgate a rule to readopt the rule that is
AB587,2,16 15(3) An agency may not promulgate an emergency rule under s. 227.24 for the
16purpose of extending a rule that is subject to expiration under this section.
AB587,4 17Section 4. 990.01 (30m) of the statutes is amended to read:
AB587,2,2018 990.01 (30m) Promulgate. “Promulgate," when used in connection with a rule,
19as defined under s. 227.01 (13), means to repeal; renumber; consolidate, renumber
20and amend; renumber and amend; amend; repeal and recreate; readopt; or create.
AB587,5 21Section 5. Nonstatutory provisions.
AB587,2,2522 (1) The department of natural resources shall identify all administrative rules
23promulgated by the department that relate to the regulation of an air pollutant that
24is not regulated under federal law and shall repeal identified rules no later than
25December 31, 2018.
1Section 6. Initial applicability.
AB587,3,32 (1) The treatment of section 285.20 (1) of the statutes first applies to rules
3promulgated on the effective date of this subsection.
AB587,3,44 (End)