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,
and Kapenga. Referred to Committee on Federalism and Interstate Relations.
1An Act to amend
285.11 (1), 285.13 (7) and 990.01 (30m); and to create
of 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:
285.11 (1) of the statutes is amended to read:
285.11 (1) Promulgate Subject to s. 285.20, promulgate
rules implementing 6
and consistent with this chapter and s. 299.15.
285.13 (7) of the statutes is amended to read:
285.13 (7) Establish Subject to s. 285.20, establish
by rule, consistent with the 3
federal clean air act, the amount of offsetting emissions reductions required under 4
s. 285.63 (2) (a).
285.20 of the statutes is created to read:
6285.20 Air pollution control administrative rules. (1)
If the department 7
promulgates a rule relating to the control of an air pollutant that is not regulated 8
under federal law, the rule expires on January 1 of the 10th year after the year in 9
which the promulgation or readoption of the rule takes effect as provided in s. 227.22, 10
unless the rule provides for an earlier repeal date.
No earlier than January 1 and no later than March 1 of the year preceding 12
the expiration date of a rule as provided under sub. (1), the department may, using 13
the rule-making process in ch. 227, promulgate a rule to readopt the rule that is 14
An agency may not promulgate an emergency rule under s. 227.24 for the 16
purpose of extending a rule that is subject to expiration under this section.
990.01 (30m) of the statutes is amended to read:
990.01 (30m) Promulgate.
“Promulgate," when used in connection with a rule, 19
as defined under s. 227.01 (13), means to repeal; renumber; consolidate, renumber 20
and amend; renumber and amend; amend; repeal and recreate; readopt;
(1) The department of natural resources shall identify all administrative rules 23
promulgated by the department that relate to the regulation of an air pollutant that 24
is not regulated under federal law and shall repeal identified rules no later than 25
December 31, 2018.
The treatment of section 285.20 (1) of the statutes first applies to rules 3
promulgated on the effective date of this subsection.