Wisconsin
Administrative
Register
No. 524
Publication Date: August 14, 1999
Effective Date: August 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 12.
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Agriculture, Trade and Consumer Protection:
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Rule relating to drug residues in raw milk.
Rules relating to security of dairy plant payments to milk producers.
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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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PECFA Interagency Responsibilities, Ch. Comm 46
Rules relating to interagency responsibilities with PECFA.
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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 relating to the Wisconsin Development Zone Program.
Rules adopted creating ch. Comm 111, relating to certified capital companies. [FIRST APPEARANCE]
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Employment Relations Commission:
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Rules relating to calculation of minimum qualified economic offers for school district employes.
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Financial Institutions:
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Securities
Rules relating to alternative accounting guidelines.
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Geologists, Hydrologists & Soil Scientists Examining Board:
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Rules relating to registration and regulation of geologists, hydrologists and soil scientists.
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Health & Family Services:
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Medical Assistance, Chs. HFS 100-108
Rules relating to operation of the BadgerCare health insurance program.
Rule relating to certification of specialized medical vehicle providers.
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Health & Family Services:
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Health, Chs. HFS 110-
Rules relating to the Health Insurance Risk-Sharing Plan (HIRSP).
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Insurance, Commissioner of:
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Rules relating to Patients Compensation and Mediation Fund fees.
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Natural Resources:
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See emergency rules relating to Comm 46.
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Natural Resources:
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Environmental Protection-Water Regulation,
Chs. NR 300-
Rules relating to determination of navigability in farm ditches.
Rules relating to ski jumps and platforms.
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Public Service Commission:
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Rules relating to small generating plants.
Rules relating to standards for water and sewer service in mobile home parks.
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Revenue:
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Rule adopted relating to the sales and use tax treatment of machinery and equipment used in waste reduction and recycling activities.
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Scope Statements.
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Pages 13 to 18.
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Chiropractic Examining Board:
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Chir Code - Relating to including “utilization reviews” in the scope of practice of chiropractic.
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Employment Relations-Division of Merit Recruitment & Selection:
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SS. ER-MRS 6.08 (2) and 11.04 - Relating to release of civil service examination information and removal of names from civil service employment registers.
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Higher Educational Aids Board:
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S. HEA 11.03 - Relating to administration of minority teacher loan program.
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Insurance:
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S. Ins 3.09 - Relating to mortgage guarantee transaction related to affiliates.
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Natural Resources:
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Chs. NR 120, 216 & 243 - Relating to incorporating performance standards into existing programs related to controlling nonpoint source pollutants and to soil and water resource management.
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Pharmacy Examining Board:
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S. Phar 7.01 (1)(e) - Relating to the delivery of medications at locations other than a pharmacy or a patient's residence.
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Public Instruction:
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S. PI 6.03 - Relating to improving public librarian certification by clarifying, updating and refining the current public librarian certification rules.
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Public Instruction:
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Ch. PI 37 - Relating to establishing a grant program for national teacher certification.
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Transportation:
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Ch. Trans 4 - Relating to establishing an administrative interpretation of a s. 85.20, Stats., and prescribing policies and procedures for implementing the State Urban Mass Transit Operating Assistance program.
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Transportation:
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Ch. Trans 8 - Relating to the policies and procedures which the Department will use for the distribution of federal funds apportioned to the State for public transit assistance to urbanized areas of under 200,000 population.
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Notices of Submittal of Proposed Rules to Wisconsin Legislative Council Rules Clearinghouse.
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Pages 19 to 20.
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Agriculture, Trade & Consumer Protection:
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Ch. ATCP 30 - The use of atrazine pesticides.
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Commerce:
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Chs. Comm 50-64 - Fire safety requirements in the Commercial Building Code.
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Public Instruction:
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S. PI 11.24 (9)(c) - Deleting the requirement that a medical referral be received form a licensed physician when a child receives occupations therapy to benefit from special education.
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Transportation:
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Ch. Trans 276 - Allowing the operation of double bottoms and certain other vehicles on specified highways.
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Notices of Hearings or of Proposed Rules.
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Pages 21 to 29.
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Agriculture, Trade & Consumer Protection:
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Hearings to consider revision to ch. ATCP 30, relating to use of atrazine pesticides.
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Commerce:
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Building & Heating, etc., Chs. Comm 50-64
Hearings to consider rules relating to fire safety requirements.
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Commerce:
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Financial Resources for Businesses and Communities, Chs. Comm 105-128
Hearing to consider emergency rule creating ch. Comm 111, relating to certified capital companies.
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Dentistry Examining Board:
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Hearing to consider creating s. DE 3.04, relating to the oral systemic premedications and subgingival sustained release chemotherapeutic agents that may be administered by a licensed dental hygienist.
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Health & Family Services:
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Medical Assistance, Chs. HFS 101-108
Hearing to consider amendment to s. HFS 105.39 (4)(b)3, relating to refresher training in cardiopulmonary resuscitation and first aid for drivers of specialized medical vehicles.
Hearings to consider revision to ch. HFS 101 to 103 and 108, relating to BadgerCare health insurance program.
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Health & Family Services:
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Health, Chs. HFS 110-
Hearing to consider revision to ch. HFS 119, relating to the Health Insurance Risk-Sharing Plan.
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Public Instruction:
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Hearing to consider ch. PI 17, relating to summer schools programs.
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Transportation:
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Hearing to consider revision to ch. Trans 276, relating to allowing the operation of double bottoms and certain other vehicles on certain specified highways.
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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 30.
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Commerce:
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( CR 99-7) - Chs. Comm 2, 18, 64 & 69 |
Geologists, Hydrologists & Soil Scientists Examining Board:
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Gaming:
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Natural Resources:
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Natural Resources:
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( CR 99-21) - Chs. NR 400, 409, 439 & 484 |
Natural Resources:
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Natural Resources:
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Revenue:
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Revenue:
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Administrative Rules Filed with the Revisor of Statutes Bureau.
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Page 31.
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Chiropractic Examining Board:
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Commerce:
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Elections Board:
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Insurance:
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Natural Resources:
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Public Service Commission:
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Revenue:
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Revenue:
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Revenue:
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Workforce Development:
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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 were adopted amending s. ATCP 60.19 (3) and (4), relating to drug residues in raw milk.
Finding of Emergency
The state of Wisconsin department of agriculture, trade and consumer protection (DATCP) finds that an emergency exists and that the following emergency rule is necessary to protect public health, safety and welfare. The facts constituting the emergency are as follows:
(1) Milk from Wisconsin dairy farms may not contain drug residues. Current rules under ch. ATCP 60, Wis. Adm. Code, require every dairy plant operator to perform a drug residue screening test on every bulk load of raw milk received by that operator. If the bulk load tests positive for any drug residue, the operator must test a milk sample from each producer milk shipment included in that bulk load. Current rules do not require a dairy plant operator to perform a confirmatory test if a producer sample tests positive on an initial test.
(2) If a producer sample tests positive for drug residue, the dairy plant operator may hold that producer financially responsible for contaminating the bulk load. In some cases, the cost of a contaminated tanker load of milk may be $5,000 or more. The department may also take enforcement action against the milk producer. Enforcement may result in financial penalties or suspension of the milk producer's license.
(3) In several enforcement actions, producers have argued that dairy plant drug residue tests were inaccurate. Producers claimed that there was no confirmatory testing, and no opportunity to confirm the accuracy of the dairy plant operator's test findings. Inaccurate findings may unfairly penalize affected producers, and result in severe financial losses to those producers. The lack of a confirmatory test aggravates conflicts between dairy plant operators and milk producers.
(4) Confirmatory testing of test-positive producer samples would provide greater assurance of fairness for milk producers, and would help avoid conflicts between dairy plant operators and producers. Dairy plant operators can perform confirmatory tests at reasonable cost. An emergency rule requiring confirmatory testing of producer samples is necessary to protect milk producers, and to promote the efficient operation and economic well-being of Wisconsin's dairy industry.
(5) Confirmatory testing of test-positive producer samples will enhance, and not reduce, the safety of Wisconsin milk supplies. Dairy plant operators will still be required to test bulk tanker loads of milk, and dispose of tanker loads that test positive for drug residues.
(6) This emergency rule will strengthen public health protection by requiring dairy plant operators to dispose of contaminated loads, or denature contaminated loads before transferring them to the custody of another person. Denaturing ensures that persons receiving custody of contaminated loads will not redirect them to human food use.
(7) Pending the adoption of rules according to normal administrative rulemaking procedures, it is necessary to adopt this emergency rule to do both of the following:
(a) Protect the public milk supply against drug residue contamination by assuring proper disposal of contaminated milk.
(b) Provide additional assurance that milk producers will not be subjected to serious penalties or financial losses based on inaccurate drug residue tests.
Publication Date:
April 30, 1999
Effective Date:
April 30, 1999
Expiration Date:
September 27, 1999
Hearing Date:
June 18, 1999
2. Rules adopted revising s. ATCP 100.45, relating to security of dairy plant payments to milk producers.
Finding of Emergency
(1) Section 100.06, Stats., is designed to provide “reasonable assurance” that dairy farmers will be paid for the milk they produce. Under ss. 97.20(2)(d)2. and l00.06, Stats., a dairy plant must, as a condition to licensing, comply with applicable security requirements under s. 100.06, Stats., and department rules under ch. ATCP 100, Wis. Adm. Code. Since dairy plant licenses expire on April 30 annually, dairy plants must comply with applicable security requirements in order to qualify for license renewal on May 1 of each year.
(2) Under s. 100.06, Stats., and ch. ATCP 100, a dairy plant operator who purchases milk from producers must do one of the following:
(a) File with the department of agriculture, trade and consumer protection (“department”) audited financial statements which show that the operator meets minimum financial standards established by s. 100.06, Stats.
(b) File security with the department in an amount equal to at least 75% of the operator's ”maximum liability to producers,” as calculated under s. ATCP 100.45(5).
(c) Enter into a dairy plant trusteeship under ch. ATCP 100, Subch. V.
(3) Under s. ATCP 100.45(5), a dairy plant operator's “maximum liability to producers” is based on the plant operator's largest monthly purchase of milk during the preceding license year. Milk prices hit all time record highs in 1998, dramatically increasing monthly dairy plant payrolls. Security requirements for the 1999 license year are currently based on these inflated 1998 monthly payrolls, even though 1999 monthly payrolls have dropped dramatically in response to price changes.
(4) Since December 1998, the average market price for raw milk has fallen by approximately 40%. Dairy economists expect BFP average prices to remain at least 12% to 16.2% below last year's average during 1999. Because of the dramatic decline in milk prices, dairy plants have smaller producer payroll obligations than they had in 1998.
(5) Prices received by Wisconsin dairy plants for processed dairy products have also fallen dramatically since December. This has created serious financial hardships for some dairy plants.
(6) Current security requirements, based on 1998 producer prices and payrolls, are excessive in relation to current payroll obligations and impose an added financial burden on dairy plants. Current security requirements under s. ATCP 100.45(5), based on last year's prices, are at least 31 to 48% higher than they would be if calculated at current prices.
(7) Because of the dramatic decline in dairy prices, some dairy plant operators are required to file large amounts of additional security, often amounting to millions of dollars. This is a major expense for affected operators. Operators may find it difficult, financially, to obtain and file the required security. If a dairy plant is unable to file the required security in connection with the May 1, 1999 license renewal, the department will forced to take action against the dairy plant's license. This could result in the forced closing of some unsecured dairy plants. The forced closing of an unsecured plant may, in turn, result in serious financial losses to producer patrons.
(8) By requiring excessive security based on last year's prices, current rules are making it unnecessarily difficult and expensive for dairy plants to obtain and file security. This could contribute to the financial failure of some dairy plants, or to the forced closing of some unsecured plants. Dairy plant financial failures or closings, if they occur, may cause serious and widespread financial injury to milk producers in this state. This constitutes a serious and imminent threat to the public welfare.
(9) In order to reduce the risk of dairy plant financial failures or forced closings, rule amendments are urgently needed to adjust dairy plant security requirements to appropriate levels based on current milk prices. The rule amendments will relieve financially stressed dairy plants from unnecessary financial burdens and will make it easier for those dairy plants to file security with the department. That, in turn, will reduce the risk of dairy plant financial failures, or the forced closing of unsecured plants, which may adversely affect milk producers.
(10) Rule amendments, to be effective, must be promulgated prior to the dairy plant license year beginning May 1, 1999. That is not possible under normal rulemaking procedures. Therefore, the following emergency rule is needed to protect the public welfare.
(11) Should milk prices rise beyond the levels currently anticipated for the license year beginning May 1, 1999, so that security filed under this emergency rule is less than 75% of a dairy plant operator's current monthly producer payroll, the operator is required to notify the department of that fact under s. 100.06, Stats., and s. ATCP 100.20(3). The department may demand additional security at that time.
Publication Date:
April 20, 1999
Effective Date:
May 1, 1999
Expiration Date:
September 28, 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
