Wisconsin
Administrative
Register
No. 519
Publication Date: March 14, 1999
Effective Date: March 15, 1999
Revisor of Statutes Bureau
Suite 800, 131 West Wilson Street
Madison, Wisconsin 53703-3233
T a b l e o f C o n t e n t s
Emergency Rules Now In Effect.
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Pages 5 to 17.
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Agriculture, Trade and Consumer Protection:
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Rules relating to grade standards for Colby and Monterey Jack cheese.
Rules relating to fish farms and imports of live fish and fish eggs.
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Commerce:
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Flammable and Combustible Liquids, Ch. Comm 10
Rules relating to storage tanks.
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Commerce:
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Uniform Dwelling, Chs. Comm 20-25
Rule adopted delaying the effective date of the latest revisions to chs. Comm 20-25.
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Commerce:
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PECFA Interagency Responsibilities, Ch. Comm 46
Rules relating to interagency responsibilities with PECFA.
Rules adopted revising ch. Comm 46, relating to interagency responsibilities with PECFA. [FIRST APPEARANCE]
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Commerce:
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Rental Unit Energy Efficiency, Ch. Comm 67
Rules relating to rental unit energy efficiency.
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Commerce:
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Resources for Communities, etc., Chs. Comm 105-128
Rules relating to volume cap on tax-exempt private activity bonds.
Rules adopted creating ch. Comm 112, relating to the Wisconsin Development Zone Program. [FIRST APPEARANCE]
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Corrections:
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Rules relating to search and seizure of probationers and parolees.
Rules relating to absconders.
Rules relating to chemical castration of child sex offenders.
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Emergency Response Board:
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Rule adopted relating to reporting requirements for fuel present at 10,000 pounds or more at gas stations.
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Financial Institutions:
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Banking
Rules relating to mortgage banking.
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Financial Institutions:
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Securities
Rules adopted creating s. DFI-Sec 2.01 (1) (c)6. and (d)6., relating to alternative accounting guidelines. [FIRST APPEARANCE]
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Health & Family Services:
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Management & Technology, etc., Chs. HFS 1--
Rules relating to reporting and investigating caregiver misconduct.
Rules relating to caregiver background checks.
Rules relating to criminal background checks.
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Health & Family Services:
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Community Services, Chs. HSS/HFS 30--
Rules relating to searches at the Wisconsin Resources Center.
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Health & Family Services:
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Health, Chs. HSS/HFS 110--
Rules relating to removal of lead-based paint.
Rules relating to the Health Insurance Risk-Sharing Plan.
Rules adopted relating to neonatal intensive care training grants.
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Insurance, Commissioner of:
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Rules relating to delaying effective date for NAIC valuation of life insurance policies.
Rules adopted relating to guarantee issue eligibility for Medicare Supplement insurance.
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Natural Resources:
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See also emergency rules relating to Comm 46.
Fish, Game, etc., Chs. NR 1-
Rules relating to reservations for state parks, forests and other lands.
Rules relating to deer hunting in Unit 67A.
Rules relating to sport fishing for yellow perch in Sauk creek.
Rules relating to special closure of sturgeon spearing season.
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Public Instruction:
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Rule adopted relating to alternative teaching permits.
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Public Service Commission:
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Rules relating to sewer main extension cost recovery.
Rules adopted revising ch. PSC 4, relating to small generating plants.
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Regulation & Licensing:
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Rules relating to regulation of home inspectors.
Rules relating to music, art and dance therapists.
See Financial Institutions--Banking.
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Revenue:
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Rules relating to use of an alternative apportionment method.
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Veterans Affairs:
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Rules relating to expenditure limit for dentures.
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Workforce Development:
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Economic Support, Chs. DWD 11 to 59
Rules relating to background checks for day care providers.
Rules relating to child support.
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Workforce Development:
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Prevailing Wage Rates, Chs. DWD 290 to 294
Rules relating to annual adjustment of estimated project costs.
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Scope Statements.
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Pages 18 to 19.
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Agriculture, Trade & Consumer Protection:
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Ch. ATCP 35 - Relating to the Agricultural Chemical Cleanup Program.
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Natural Resources:
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Ch. NR 303 - Relating to procedures to be used when determining when farm drainage ditches are not considered navigable waters of the state.
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Natural Resources:
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Ch. NR 445 - Relating to control of hazardous air pollutants.
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Natural Resources:
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Chs. NR 590 & 600 - Relating to technical corrections in the rules for used oil management standards and hazardous waste management rules.
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Notices of Submittal of Proposed Rules to Wisconsin Legislative Council Rules Clearinghouse.
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Pages 20 to 21.
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Health & Family Services:
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Ch. HFS 41 - Relating to in-home mental health services for children.
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Insurance:
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Ch. Ins 16 - Relating to annual billings for the examination of domestic insurers.
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Podiatrists Affiliated Credentialing Board:
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Code - Relating to the regulation and licensure of podiatrists.
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Regulation & Licensing:
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Chs. RL 12 & 25 - Relating to education, pre-license and continuing education programs and courses of real estate brokers and salespersons.
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Revenue:
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S. Tax 1.12 - Relating to the electronic funds transfer of “EFT” method for paying or depositing certain taxes or fees.
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Revenue:
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S. Tax 11.33 - Relating to exempt auction sales of personal farm property or household goods, and exempt sales by persons not otherwise required to hold a seller's permit.
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Transportation:
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Ch. Trans 212 - Relating to standards for the inspection of bridges in Wisconsin.
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Notices of Hearings or of Proposed Rules.
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Pages 22 to 31.
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Agriculture, Trade & Consumer Protection:
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Hearings to consider revision of chs. ATCP 10 & 11, relating to paratuberculosis in cattle and goats.
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Health & Family Services:
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Health, chs. HSS/HFS 110-
Hearing to consider ch. HFS 114, relating to neonatal intensive care unit training grants.
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Insurance:
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Hearing to consider a revision to s. ins 16.01, relating to annual billings for examination of domestic insurers.
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Public Service Commission:
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Hearing to consider revision to ch. PSC 100, relating to wholesale merchant plants.
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Regulation & Licensing:
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Hearing to consider revision to chs. RL 12 and 25, relating to education, pre-license and continuing education programs and courses for real estate brokers and salespersons.
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Transportation:
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Hearing to consider revision of ch. Trans 212, relating to standards for the inspection of bridges in Wisconsin.
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Notice of Submission of Proposed Rules to the Presiding Officer of Each House of the Legislature, Under S. 227.19, Stats.
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Page 32.
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Natural Resources:
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Social Workers, Marriage & Family Therapists and Professional Counselors:
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Workforce Development:
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Administrative Rules Filed with the Revisor of Statutes Bureau.
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Page 33.
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Natural Resources:
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Revenue:
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Technical College System Board:
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Transportation:
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Transportation:
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Public Notice.
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Page 34.
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Revenue:
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Relating to the one-time increase in the school property tax credit for tax year 1998.
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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 (2)
Agriculture, Trade & Consumer Protection
1. Rules adopted amending ss. ATCP 81.50 (2), 81.51 (2), and 81.52 (2), relating to grade standards for colby and monterey (jack) cheese.
Finding of Emergency
The state of Wisconsin department of agriculture, trade and consumer protection (DATCP) finds that an emergency exists and that an emergency rule is necessary for economic reasons to protect the public welfare of the citizens of Wisconsin. The facts constituting the emergency are as follows:
(1) DATCP has adopted standards for grades of cheese manufactured and sold in Wisconsin under s. 97.177, Stats., and ch. ATCP 81, Wis. Adm. Code. Any cheese which carries a state grade mark must conform to the standards and characteristics of the labeled grade.
(2) Under current rules, colby and monterey (jack) cheese must contain numerous mechanical openings in order to be labeled or sold as Wisconsin certified premium grade AA or Wisconsin grade A (Wisconsin state brand).
(3) Changes in cheese manufacturing technology, packaging and equipment have made it extremely difficult for many processors and packagers to achieve the numerous mechanical openings or open body character required by these top two grade categories. A majority of today's wholesale buyers and packagers prefer a closed body cheese for a variety of reasons, including ease of shredding and the ability to package “exact-weight” pieces with minimal variation and waste.
(4) Currently, a closed body cheese may be labeled or sold as Wisconsin grade B or “not graded.” It cannot be labeled or sold as Wisconsin certified premium grade AA or Wisconsin grade A (Wisconsin state brand), nor can it command the premium price associated with these top two grade categories.
(5) Wisconsin is the only state with its own grade standards for colby and monterey (jack) cheese. The United States Department of Agriculture modified its grade standards for colby and monterey jack cheese in 1995 and 1996, respectively, in response to industry requests to allow an open or closed body. Buyers who cannot obtain the desired graded product in Wisconsin will likely switch to suppliers from other states. Once customers are lost they are difficult to regain.
(6) Wisconsin's dairy industry plays a major role in our state's economy. Approximately $3 billion or 90% of Wisconsin's milk production goes into the manufacture of cheese. Lost business revenues harm the dairy industry, cause increased unemployment, and have a negative impact on the state's economy.
(7) Pending the adoption of rules according to the normal administrative rulemaking procedures, it is necessary to adopt emergency rules under s. 227.24, Stats. to protect the public welfare based on an economic emergency for the state's dairy industry and the subsequent impact on the general economy and citizens of this state.
Publication Date:
August 8, 1998
Effective Date:
August 8, 1998
Expiration Date:
January 4, 1999
Hearing Date:
September 14, 1998
Extension Through:
May 3, 1999
2. Rules were adopted creating ss. ATCP 10.68 and 11.58, relating to fish farms and imports of live fish.
Finding of Emergency
(1) This emergency rule implements s. 95.60, Stats., which was created by 1997 Wis. Act 27.
(2) Under s. 95.60, Stats., a person who operates a fish farm must register annually with the Wisconsin department of agriculture, trade and consumer protection (DATCP). A person who imports live fish or fish eggs into Wisconsin must meet fish health requirements and obtain an import permit from DATCP. DATCP must establish registration and import permit standards by rule.
(3) On December 9, 1998, the Board of Agriculture, Trade and Consumer Protection (DATCP Board) approved final draft “permanent” rules to implement s. 95.60, Stats. Among other things, the rules establish fish farm registration standards and fish import standards. Before DATCP may adopt these final draft “permanent” rules, it must submit them for legislative committee review under s. 227.19, Stats. DATCP must then adopt and file the rules under s. 227.20, Stats., and publish them under s. 227.21, Stats. As a result, the final draft “permanent” rules will not take effect for several months.
(4) Current fish farm registration certificates will expire on December 31, 1998, before the final draft “permanent” rules take effect. The department must adopt a temporary emergency rule so it can process registration renewals pending the effective date of the final draft “permanent” rules. This emergency rule adopts, on a temporary basis, registration provisions contained in the department's proposed final draft “permanent” rules.
(5) This emergency rule also adopts, on a temporary basis, rules to prevent imports of diseased live fish and fish eggs that threaten the health of fish in Wisconsin fish farms and the Wisconsin natural environment. These temporary import requirements are based on requirements previously administered by the Wisconsin department of natural resources (DNR). The final draft “permanent” rules, when adopted, will expand upon these interim requirements.
(6) This emergency rule is needed to protect the public peace, health safety and welfare. Without this rule, DATCP would not be able to process fish farm registrations for 1999, or issue permits for live fish imports. Without the protections afforded by this emergency rule, Wisconsin fish farms and wild fisheries would also be exposed to an unnecessary risk of disease.
Publication Date:
December 28, 1998
Effective Date:
December 28, 1998
Expiration Date:
May 27,1999
Hearing Date:
February 3, 1999
EMERGENCY RULES NOW IN EFFECT
Commerce
(Flammable & Combustible Liquids, Ch. Comm10)
Rules adopted revising ch. Comm 10, relating to regulation of flammable and combustible liquids.
Finding of Emergency
The Department of Commerce finds that an emergency exists and that adoption of a rule is necessary for the immediate preservation of public health, safety, welfare and the environment.
The facts constituting the emergency are as follows. Under ss. 101.09, 101.142 and101.144, Stats., the Department protects public health, safety, welfare and the environment by promulgating rules for and administering the regulation of petroleum product storage tank systems and the storage and handling of flammable and combustible liquids. The purpose of the regulatory effort is to guarantee that storage tank systems and their contents are managed in a manner that is protective of life safety and the environment.
On December 22, 1998, a ten-year upgrade deadline comes to an end, and all tank systems falling under the United States Environmental Protection Agency's rules are required to have been upgraded to comply with new and environmentally protective construction standards. After the final compliance date, the Department and its contracted agents will conduct inspections to guarantee that tank systems which are not in compliance have been shut down in accordance with state and federal rules. In those instances where owners or operators have not complied with the upgrade or shutdown requirements, immediate action must be taken to either prevent the tank systems from continuing to be used or prevent the delivery of additional petroleum product to the systems.
The shut down of noncomplying tank systems is a core environmental and financial issue. The tank systems that are not in compliance pose a continuing high-risk threat to the environment, and delay in action will continue an unnecessary environmental hazard. Additionally, new releases from these non-upgraded tank systems will add to the financial burden of the PECFA program, which is significantly over-subscribed. The rule included with this order is in response to environmental issues associated with non-upgraded tank systems.
Publication Date:
December 11, 1998
Effective Date:
December 11, 1998
Expiration Date:
May 10, 1999
Hearing Date:
March 3, 1999
EMERGENCY RULES NOW IN EFFECT
Commerce
(Uniform Dwelling, Chs. Comm 20-25)
Rules adopted revising Chs. Comm 20,21,22 and 23, relating to energy efficiency in one- and 2-family dwellings.
Finding of Emergency
The Department of Commerce finds that an emergency exists and that the adoption of a rule is necessary for the immediate preservation of public health, safety and welfare. The facts constituting the emergency are as follows:
The rule change that was to go into effect on February 1, 1999 consists of a complete rewrite of chapter Comm 22, which relates to energy efficiency in one- and 2-family dwellings, as well as miscellaneous changes to chapters Comm 20, 21 and 23. The department planned for a lead time of approximately 2 months between the time the code was made available and the code effective date. Because of difficulties in preparing and printing the code, the anticipated lead time could not be achieved. Several constituent groups, including builders, inspectors, and the Uniform Dwelling Code Council have asked for extra time to become familiar with the changes, once the complete code is made available. If this is not done, a great deal of confusion and economic hardship could result for builders, as well as homeowners. Enforcement of the new requirements could very greatly from one municipality to the next.
This emergency rule delays the effective date of the proposed changes to chs. Comm 20, 21, 22 and 23 from February 1, 1999 to May 1, 1999.
