EMERGENCY RULES NOW IN EFFECT (2)
Natural Resources
(Environmental Protection-Water Regulation,
Chs. NR 300-)
1. Rules adopted creating ch. NR 303, relating to department determinations of navigability for farm drainage ditches.
Exemption From Finding of Emergency
The Department was directed by the JCRAR under s. 227.26 (2) (b), Stats., to promulgate emergency rules regarding navigability
Analysis prepared by the Department of Natural Resources
Statutory authority: s. 227.26 (2)(b)
Statute interpreted: s. 30.10 (4)(c)
This order codifies present department program guidance for staff making navigability determinations for farm drainage ditches, identifying various methods and information to be relied on when making such determinations.
Publication Date:
May 1, 1999
Effective Date:
May 1, 1999
Expiration Date:
September 28, 1999
Hearing Dates:
June 16 and 17, 1999
2. Rules adopted creating ch. NR 328, relating to regulation of water ski platforms and water ski jumps.
Analysis by the Department of Natural Resources
Statutory authority: ss. 30.135, 227.11 (2) (a) and 227.24
Statutes interpreted: ss. 30.66, 30.69 and 30.135
Chapter NR 328 describes the conditions where a water ski jump or platform will require a permit. It explains what constitutes a substantive written objection to a water ski jump or platform and provides a list of reasons that support a substantive written objection. It specifies the contents of a public notice and the process for making a substantive written objection. It details how the department will respond to complaints about an existing water ski jump or platform.
These rules were promulgated as emergency rules at the direction of the joint committee for review of administrative rules.
Publication Date:
July 9, 1999
Effective Date:
July 9, 1999*
Expiration Date:
December 6, 1999
*Rule suspended by Joint Committee for Review of Administrative Rules on July 5, 1999.
EMERGENCY RULES NOW IN EFFECT (2)
Public Service Commission
1. Rules adopted revising ch. PSC 4, relating to small generating plants.
Finding of Emergency
In order to preserve the health, safety, and welfare of Wisconsin ratepayers by ensuring a reliable energy supply in 2000 and beyond, the Commission's review process of proposed new generating plants that are less than 100 MW in size must be amended. A revision is needed so the review process for such projects can be completed in time to allow construction of necessary projects, if approved, by June 1, 2000. Permanent rules cannot be adopted in time to affect the Commission's review period. An emergency rule is necessary to change the Commission's review process immediately.
Publication Date:
January 19, 1999
Effective Date:
January 19, 1999
Expiration Date:
June 18, 1999
Hearing Date:
February 22, 1999
Extension Through:
August 16, 1999
2. Rules adopted creating ch. PSC 186, relating to standards for water and sewer service in mobile home parks.
Exemption From Finding of Emergency
These rules are now being adopted as emergency rules effective May 1, 1999, as directed by section 22(2) of 1997 Wis. Act 229.
Publication Date:
May 1, 1999
Effective Date:
May 1, 1999
Expiration Date:
September 28, 1999
EMERGENCY RULES NOW IN EFFECT
Revenue
A rule was adopted creating s. Tax 11.20, relating to the sales and use tax treatment of machinery and equipment used in waste reduction and recycling activities.
Exemption From Finding of Emergency
On February 25, 1999, the Joint Committee for Review of Administrative Rules, pursuant to s. 227.26, (2) (b), Stats., directed the Department of Revenue to use the emergency rule making process to promulgate as an emergency rule, within 30 days, its policies interpreting s. 77.54 (26m), Stats.
Analysis by the Department of Revenue
Statutory authority: ss. 227.11 (2) (a) & 227.26 (2) (b)
Statute interpreted: s. 77.54 (26m)
Section Tax 11.20 is created to address the sales and use tax exemptions for waste reduction and recycling activities.
Publication Date:
March 27, 1999
Effective Date:
March 27, 1999
Expiration Date:
August 24, 1999
EMERGENCY RULES NOW IN EFFECT
Workforce Development
(Economic Support, Chs. DWD 11-59)
Rules adopted renumbering ch. HFS 55 and revising DWD 55, relating to criminal background checks in daycare.
Finding of Emergency
The Department of Workforce Development finds that an emergency exists and that a rule is necessary for the immediate preservation of the public peace, health, safety and welfare. A statement of the facts constituting the emergency is:
This represents the most recent amended version of this emergency rule which was first adopted on October 1, 1998. Beginning on October 1, 1998, recently enacted provisions in ch. 48, Stats., require the completion of background reviews on caregivers and others who come into contact with clients in the programs operated by caregivers. Although most of those provisions are administered by the Department of Health and Family Services, they also include day care programs certified by the Department of Workforce Development. DWD is adopting this emergency rule so that county and tribal social services agencies and human services agencies and human services agencies will be able to implement the new background review requirements in relation to certified day care programs as they become effective.
Publication Date:
March 26, 1999
Effective Date:
March 26, 1999
Expiration Date:
August 23, 1999
Statements of Scope of Proposed Rules
Commerce
Subject:
Ch. Comm 30 - Relating to fire department safety and health.
Description of policy issues:
Description of the objective of the rule:
The objective of the rule is to update the provisions of the Department's administrative rules relating to the occupational safety and health standards for public sector fire department employes. This update will include a comparison of the recently-updated ch. Comm 32, Public Employe Safety and Health, to maximize consistency between chs. Comm 30 and 32. This update will also include a review of the incorporation by reference of several nationally-recognized standards.
Description of existing policies relevant to the rule and of new policies proposed to be included in the rule and an analysis of policy alternatives:
Section 101.055, Stats., requires the Department to provide public sector employes with safety and health protection at least equivalent to that afforded to private sector employes under standards adopted by the federal Occupational Safety and Health Administration. Chapter Comm 30 establishes and further delineates safety and health standards for public sector fire department employes and specifies the minimum requirements for an occupational safety program for a fire department, including safety procedures for those individuals involved in fire suppression, rescue, and related activities. The alternative of not updating ch. Comm 30 would result in public sector fire department employes not being provided with safety and health protection equivalent to that afforded to private sector employes.
Statutory authority:
Section 101.055 (3), Stats.
Estimate of the amount of time that state employes will spend to develop the rule and of other resources necessary to develop the rule:
The Department estimates that it will take approximately 500 hours to develop this rule. This time includes forming and meeting with an advisory council, then drafting the rule and processing the rule through public hearings, legislative review and adoption. The Department will assign existing staff to develop the rule. There are no other resources necessary to develop the rule.
Transportation
Subject:
Ch. Trans 252 - Relating to escort vehicles.
Description of policy issues:
Description of the objective of the rule:
This rulemaking will amend ch. Trans 252, relating to escort vehicles, to update some requirements reflecting changes in vehicle manufacturing and industry practices.
Description of existing policies relevant to the rule and of new policies proposed to be included in the rule and an analysis of policy alternatives:
Currently, the rule requires escort vehicles to be either “passenger vehicle or light truck.” The Department proposes to expand allowable vehicles to include single-unit motor trucks up to 32,000 pounds, measured as the highest of actual gross weight, gross vehicle weight rating, or registered weight. This will allow transporters to use as escort vehicles larger trucks which would already be accompanying the oversize load. The Department proposes the following:
• To clarify that “passenger automobile” in state law is defined as “Type 1 automobile,” and to clarify that any escort vehicle must meet the “overhang” requirements of s. 348.09, Stats., when carrying the required sign. This will reduce confusion as to exactly what size and type of vehicle may be used as an escort vehicle.
