Register

Cover_w_new_logo_J30

Wisconsin

Administrative

Register

No. 511

Publication Date: July 14, 1998

Effective Date: July 15, 1998

Revisor of Statutes Bureau

Suite 800, 131 West Wilson Street

Madison, Wisconsin 53703-3233

TOC_JULY

T a b l e o f C o n t e n t s

Emergency Rules Now In Effect.	Pages 5 to 17.
Agriculture, Trade and Consumer Protection:	Rules relating to the sales and use of pesticides containing clomazone. Rules relating to fish farms and imports of live fish and fish eggs. Rules adopted amending s. ATCP 75.015 (7) (c), relating to retail food establishment license exemption for restaurant permit holders. [FIRST APPEARANCE]
Commerce:	Petroleum Environmental Cleanup Fund, Ch. ILHR 47 Rules relating to the Petroleum Environmental Cleanup Fund.
Commerce:	Building and Heating, etc., Chs. 50-64 Multifamily Dwellings, Ch. 66 Rules relating to the commercial building and multi-family codes. Building and Heating, etc., Chs. 50-64 Rule relating to exemption from accessibility laws for specific multifamily dwellings with separate exterior entrances.
Commerce:	Rental Unit Energy Efficiency, Ch. ILHR 67 Rules adopted revising ch. ILHR 67, relating to rental unit energy efficiency. [FIRST APPEARANCE]
Commerce:	Barrier Free Design, Ch. Comm 69 Rule relating to vertical access to press box facilities.
Commerce:	Financial Resources for Businesses and Communities, Chs. Comm 105 to 128 Rules relating to the Brownfields Grant Program.
Corrections:	Rule relating to custody and detention of felony probationers and parolees.
Health & Family Services:	Health, Chs. HSS/HFS 110-- Rules relating to restaurants. Rules relating to subsidized health insurance for persons with HIV. Rules adopted revising revising chs. HFS 172, 175, 178, 195 to 198, relating to permit and related fees for regulated entities. [FIRST APPEARANCE]
Insurance:	Rule relating to a decrease in premium rates for the Health Insurance Risk-Sharing Plan, effective January 1, 1998. Rules relating to a decrease in premium rates for the Health Insurance Risk-Sharing Plan (HIRSP) and correcting errors in the published rate table. Rules relating to a deductible alternative to HIRSP. Rules relating to the Wisconsin Insurance Program (WIP). Rules adopted amending s. Ins 17.01 (3), relating to annual patients compensation fund and mediation fund fees. [FIRST APPEARANCE]
Natural Resources:	Fish, Game, etc., Chs. NR 1- Rules relating to reservations for state parks, forests and other lands. Rules relating to the private forest landowner grant program. Rule relating to bag limits for walleye. Rules adopted revising ch. NR 10, relating to deer hunting in Unit 67A. [FIRST APPEARANCE] Rules adopted revising s. NR 20.03 (1) (k), relating to sport fishing for yellow perch in Sauk creek. [FIRST APPEARANCE] Rules adopted revising ch. NR 19, relating to wildlife damage abatement and claims program. [FIRST APPEARANCE]
Natural Resources:	Environmental Protection-General, Chs. NR 100- Rules relating to the Safe Drinking Water Loan Program.
Natural Resources:	Environmental Protection-Water Regulation, Chs. NR 300- Rules relating to fees for waterway and wetland permit decisions.
Natural Resources:	Environmental Protection--Air Pollution Control, Chs. NR 400-- Rule relating to emission limitations for motor vehicles.
Public Instruction:	Rules relating to full-time open enrollment. Rules relating to the youth options program.
Public Service Commission:	Rules relating to the provision of universal telecommunications service and administration of the universal service fund and establishing the Education Telecommunication Access Program.
Technical College System:	Rules relating to Faculty Development Grants.
Workforce Development:	Economic Support, Chs. DWD 11 to 59 Rules relating to Learnfare.
Workforce Development:	Wage Rates, Chs. DWD 290-294 Rules relating to prevailing wage rates for state and local public works projects.
Scope Statements.	Pages 18 to 22.
Commerce:	Ch. ILHR 57, Subch. II - Relating to covered multifamily dwelling units.
Insurance:	SS. Ins 3.48, 3.50 & 3.52 - Relating to health benefit plans.
Natural Resources:	Ch. NR 20 - Relating to sport fishing for yellow perch in a tributary to Lake Michigan.
Natural Resources:	NR Code - Relating to amphibian and reptile (herptile) regulations.
Natural Resources:	Ch. NR 200- Relating to applications for discharge permits.
Natural Resources:	NR Code - Relating to establishing PCB (polychlorinated biphenyl) soil criteria protective of human and ecological health in order to regulate land application of dredged sediments, sludges and other materials that have been contaminated with PCBs, and to creating or amending relevant PCB language in other codes to assure consistency among DNR programs.
Natural Resources:	Ch. NR 809 - Relating to the addition of capacity development requirements for public water systems in ch. NR 809.
Public Service Commission:	Relating to fees for connection to subdivision sewer lines.
Public Service Commission:	Ch. PSC 111 - Relating to plans and certificates for major electric facilities, and to establish requirements and applicable procedures related to a strategic energy assessment of electric power in Wisconsin.
Veterans Affairs:	Ch. VA 1 - Relating to the cancellation of indebtedness under the Veterans Trust Fund stabilization loan and personal loan programs.
Workforce Development:	Ch. DWD 12 - Relating to two-parent families under Wisconsin Works (W-2).
Workforce Development:	Ch. DWD 16 - Relating to emergency assistance for families with needy children.
Workforce Development:	Ch. DWD 17 - Relating to training of income maintenance workers.
Notices of Submittal of Proposed Rules to Wisconsin Legislative Council Rules Clearinghouse.	Page 23.
Accounting Examining Board:	Relating to the education required of candidates to take the examination leading to receipt of a credential as a certified public accountant after December 31, 2000.
Pharmacy Examining Board:	Relating to the transmission and receipt of electronic prescription orders.
Notices of Hearings or of Proposed Rules.	Pages 24 to 32.
Agriculture, Trade & Consumer Protection:	Hearings to consider revision to ch. ATCP 48, relating to drainage district program.
Health and Family Services:	Health, Chs. HSS/HFS 110- Hearing to consider revisons to chs. HFS 172, 175, 178 and 195 to 198, relating to permit and related fees for department-regulated activities and s. HFS 196.03 (11r), relating to “incidental food service.”
Natural Resources:	Fish, Game, etc.,Chs. NR 10- Hearing to consider revisions to ch. NR 20, relating to sport fishing for yellow perch in Sauk creek.
Notices of Submission of Proposed Rules to the Presiding Officer of Each House of the Legislature, Under S. 227.19, Stats.	Page 33.
Commerce:	(CR 97-109) - Ch. ILHR 60
Employe Trust Funds:	(CR98-50) - Ch. ETF 52
Public Instruction:	(CR 98-38) - SS. PI 3.03 and 3.05
Public Instruction:	(CR 98-39) - S. PI 2.05 (2) (a)
Public Instruction:	(CR 98-68) - Ch. PI 11
Administrative Rules Filed with the Revisor of Statutes Bureau.	Page 34.
Commerce:	(CR 98-7) - Ch. Comm 110
Elections Board:	(CR 98-51) - S. ElBd 6.05
Employe Trust Funds:	(CR 97-143) - S. ETF 41.02
Health & Family Services:	(CR 97-98) - Ch. HFS 139
Health & Family Services:	(CR 97-132) - Ch. HFS 140
Health & Family Services:	(CR 97-135) - Ch. HFS 173
Health & Family Services:	(CR 98-46) - Ch. HFS 149
Notice of Nonacquiescence	Page 35.
GFG Corporation v. Wisconsin Department of Revenue

emer_7_98

E m e r g e n c y R u l e s N o w I n E f f e c t

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.

EMERGENCY RULES NOW IN EFFECT (3)

Agriculture, Trade & Consumer Protection

1.   Rules adopted creating Ch. ATCP 36, relating to the sale and use of pesticides containing the active ingredient clomazone.

Finding of Emergency

(1) Pesticides containing the active ingredient clomazone are used at spring planting on soybeans, tobacco, peppers, pumpkins, peas, cabbage and cucumbers. Clomazone is an effective herbicide which inhibits the formation of chlorophyll in target weeds.

(2) Clomazone is volatile. Off-target movement from clomazone applications can affect non-target plants located hundreds of feet from the application site. Off-target movement from clomazone applications can damage non-target plants by inhibiting the formation of chlorophyll in those plants.

(3) Off-target movement has occurred in many clomazone applications to date. Non-target plants exposed to off-target movement from clomazone applications turn yellow or white. Damage from 1997 clomazone applications was apparently more severe and long lasting than in prior years. In 1997, the department received 49 complaints of off-target movement to non-target plants. These complaints comprised 20% of all pesticide complaints received by the department in 1997. Department field staff report that these complaints represented only a fraction of the total number of clomazone off-target movement incidents that occurred. Off-target movement incidents have caused widespread public anger and concern, and have impaired public confidence in pesticide applications.

(4) The department proposes to adopt rules restricting the use of clomazone herbicides. The proposed restrictions are reasonably designed to reduce or eliminate damage to non-target plants from clomazone applications. Without these restrictions, continued clomazone applications will likely result in continued incidents of off-target movement and nontarget damage during the 1998 planting and growing season.

(5) Clomazone herbicides are commonly applied during spring planting. The department must adopt restrictions by emergency rule in order for those restrictions to take effect prior to the 1998 spring planting and application period. The department finds that an emergency rule under s. 227.24, Stats., is imperatively required to preserve the public peace and welfare in 1998, pending completion of normal rulemaking procedures under ch. 227, Stats.

Publication Date:   March 15, 1998

Effective Date:   March 15, 1998

Expiration Date:   August 12, 1998

Hearing Date:   April 28, 1998

2.   Rules adopted creating ss. ATCP 10.68 and 11.58, relating to fish farms and imports of live fish and fish eggs.

Exemption From Finding of Emergency

(1) The department of agriculture trade and consumer protection is adopting this emergency rule to implement s. 95.60, Stats., which was created by 1997 Wis. Act 27.

(2) Section 9104(3xr) of 1997 Wis Act 27 authorizes the department to adopt this emergency rule without the normal finding of emergency. It further provides that the emergency rule will remain in effect until January 1, 1999 or until a permanent rule takes effect, whichever comes first.

Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection

Statutory authority: ss. 93.07(1), 95.60(4s)(e) and (5)

Statutes interpreted: s. 95.60

This emergency rule implements s. 95.60, Stats., by doing all of the following:

Establishing an interim procedure for registering fish farms in 1998. The department plans to adopt permanent rules, which may differ from this emergency rule, relating to registration of fish farms after 1998.

Establishing interim permit requirements for importing live fish or fish eggs into Wisconsin.

Requiring fish farm operators and fish importers to keep records.

Fish Farms

Registration

Under s. 95.60, Stats., as enacted by 1997 Wis. Act 27 effective October 14, 1997, the Department of Agriculture, Trade and Consumer Protection (DATCP) is responsible for registering fish farms in Wisconsin. The new annual registration program replaces an annual licensing program previously administered by the Department of Natural Resources (DNR).

DNR licensed more than 2000 fish farms for calendar year 1997. Fish farms previously licensed by DNR must now be registered with DATCP. DATCP's 1998 registration requirement takes effect immediately after DNR's 1997 license requirement expires.

Registration Procedures; General

This emergency rule establishes interim fish farm registration procedures. Under this emergency rule:

⋅   ⋅No person may operate a fish farm without a DATCP registration certificate. A registration certificate expires on December 31, 1998.