Finding of Emergency
The department of natural resources finds that an emergency exists and a rule is necessary for the immediate preservation of the public health, safety or welfare. The facts constituting the emergency are:
These grants are funded from a $300,000 annual appropriation that lapses into other programs at the end of each fiscal year. Due to delays in approving the biennial budget, there is not enough time remaining in the current fiscal year to develop a permanent rule, following standard procedures, to allow grants to be awarded with the current fiscal year appropriation. Potential river protection grant sponsors have been anticipating these grants and are ready to apply and make use of these funds. An emergency order will prevent the loss of $300,000 for protecting rivers that the legislature clearly intended to make available to these organizations. Initiating this much-anticipated program through emergency order, while permanent rules are being developed, is a positive step toward successful implementation.
Publication Date:
February 17, 2000
Effective Date:
February 17, 2000
Expiration Date:
July 16, 2000
Hearing Dates:
March 16, 17, 21 & 22, 2000
2. Rules adopted creating ch. NR 168, relating to the brownfield site assessment grant program administration.
Finding of Emergency
This rule implements the brownfield site assessment grant program. Created in the 1999-2000 biennial state budget bill (1999 Wisconsin Act 9), the brownfield site assessment grant program provides grants to eligible local governments to cover the costs of brownfield site assessment activities such as: investigating environmental contamination of an eligible site or facility; demolishing structures located on an eligible site; removing certain abandoned containers; abating asbestos as part of demolition activities; removing underground hazardous substance storage tank systems; and removing underground petroleum product storage tank systems. Eligible local governments include cities, villages, towns, counties, redevelopment authorities, community development authorities, and housing authorities. The legislature appropriated $1.45 million for the 99-01 biennium for these grants. Local governments are required to contribute matching funds as cash or in-kind, or both, equal to 20% of the grant. This rule limits the amount of funds that may be awarded for eligible activities. The rule specifies that 70% of available funds are to be allocated to “small" grants (i.e. a grant award between $2,000 and $30,000); and 30% of available funds are to be allocated to “large" grants (i.e. a grant award of more than $30,000 but not more than $100,000). Act 9 required that the department promulgate these rules as necessary to administer the program, and directed the department to promulgate them as emergency rules.
Publication Date:
July 10, 2000
Effective Date:
July 10, 2000
Expiration Date:
December 8, 2000
EMERGENCY RULES NOW IN EFFECT
Natural Resources
(Environmental Protection-Investigation and Remediation, Chs. NR 700-)
Rules adopted revising chs. NR 700, 716, 720, 722, 726 and creating ch. NR 746, relating to site contaminated with petroleum products discharged from petroleum storage tanks.
Exemption From Finding of Emergency (See section 9110 (3yu) 1999 Wis. Act 9)
The proposed ch. NR 746 is identical to ch. Comm 46 that is being promulgated by the Department of Commerce.
Chapter NR 746 provides that the Department of Natural Resources has authority for “high-risk sites" and that the Department of Commerce has authority for “low and medium risk sites." The rule requires the Department of Natural Resources to transfer authority for sites with petroleum contamination from petroleum storage tanks to the Department of Commerce once the site is classified, unless the site is classified as a “high-risk site" or the site is contaminated by one or more hazardous substances other than petroleum products discharged from a petroleum storage tank. The rule also establishes procedures for transferring sites from one agency to the other whenever new information relevant to the site classification becomes available.
Chapter NR 746 also provides jointly developed requirements for:
1. Selecting remedial bids and the setting of remediation targets for sites that are competitively bid or bundled with another site or sites.
2. Determining when sites may close.
3. Determining when remediation by natural attenuation may be approved as the final remedial action for a petroleum-contaminated site.
4. Tracking the achievement of remediation progress and success.
5. Reporting of program activities.
The amendments and new provisions that are proposed to be added to chs. NR 700, 716, 720, 722 and 726, as part of this rule package, consist of cross-references to ch. NR 746 that are proposed to be inserted in chs. NR 700, 716 and 726, and exemptions from the requirements in chs. NR 720 and 722 that would conflict with the requirements in ch. NR 746: that is, an exemption from the soil cleanup standards in ch. NR 720 and the remedial action option evaluation requirements in ch. NR 722 for those sites contaminated with petroleum products discharged from petroleum storage tanks that satisfy' the risk criteria in s. NR 746.06 and are eligible for closure under s. NR 746.07.
Publication Date:
May 17, 2000
Effective Date:
May 18, 2000
Expiration Date:
September 1, 2000
Hearing Dates:
June 15, July 10 & 12, 2000
EMERGENCY RULES NOW IN EFFECT (5)
Public Instruction
1. Rules adopted revising ch. PI 35, relating to the Milwaukee parental school choice program.
Finding of Emergency
The Department of Public Instruction finds that an emergency exists and that a rule is necessary for the immediate preservation of the public health, safety or welfare. A statement of the facts constituting the emergency is:
Emergency rules are necessary to clarify the eligibility criteria and requirements for parents and participating private schools in time for schools to properly establish procedures for the 2000-2001 school year. Furthermore, emergency rules are necessary to allow the private schools to begin planning summer school programs. The department is in the process of developing permanent rules, but such rules will not be in place prior to January 2000.
The requirements established under this rule have been discussed with the private schools and initial indications reflect an acceptance of these provisions.
Publication Date:
January 4, 2000
Effective Date:
January 4, 2000
Expiration Date:
June 2, 2000
Hearing Date:
March 20, 2000
Extension Through:
July 31, 2000
2. Rules adopted creating ch. PI 24, relating to state aid for achievement guarantee contracts and aid for debt service.
Finding of Emergency
The Department of Public Instruction finds that an emergency exists and that a rule is necessary for the immediate preservation of the public welfare. A statement of the facts constituting the emergency is:
State Aid for Achievement Guarantee Contracts:
The department will send SAGE contract information to school districts by mid-February and require proposed contracts to be submitted to the department by April 1, 2000. Emergency rules are necessary to clarify the eligibility criteria and requirements for school districts applying for state aid for achievement guarantee contracts in time for the 2000-2001 school year.
Partial Debt Service Reimbursement:
On or after October 29, 1999, a school board must adopt an initial resolution under s. 67.05 (6a), Stats., for issuance of bonds where the purpose for borrowing includes providing funds for classroom expansion necessary to fulfill a contract under s. 118.43, Stats. Emergency rules are necessary to clarify the criteria and procedures for SAGE school districts to receive partial debt service reimbursement for the 2000-2001 school year.
The proposed rules contained in this order shall take effect upon publication as emergency rules pursuant to the authority granted by s. 227.24, Stats.
Publication Date:
January 28, 2000
Effective Date:
January 28, 2000
Expiration Date:
June 26, 2000
Hearing Date:
March 15, 2000
Extension Through:
July 30, 2000
3. Rules adopted creating ch. PI 44, relating to alternative education grants.
Finding of Emergency
The Department of Public Instruction finds that an emergency exists and that a rule is necessary for the immediate preservation of the public welfare. A statement of the facts constituting the emergency is:
1999 Wis. Act 9 appropriated $5,000,000 to be awarded by the department to eligible school districts or consortia of school districts in the 2000-2001 school year. Emergency rules are necessary to clarify the eligibility criteria and procedures for school districts or consortia of school districts to apply for funds under the program.
The rules contained in this order shall take effect upon publication as emergency rules pursuant to the authority granted by s. 227.24, Stats.
Publication Date:
January 28, 2000
Effective Date:
January 28, 2000
Expiration Date:
June 26, 2000
Hearing Dates:
March 9, 14 & 15, 2000
Extension Through:
July 30, 2000
4. Rules adopted creating s. PI 6.07, relating to the public library system aid payment adjustments.
Finding of Emergency
The Department of Public Instruction finds that an emergency exists and that a rule is necessary for the immediate preservation of the public welfare. A statement of the facts constituting the emergency is:
In accordance with s. 43.24 (1)(b), Stats., the rules adjust public library aid payments to be consistent with system services areas after territorial changes occur. Using the formula created under the rule, an aid adjustment will be paid by the department in April for a territorial change. Emergency rules must be in place before the formula may be used.
Publication Date:
March 4, 2000
Effective Date:
March 4, 2000
Expiration Date:
August 1, 2000
Hearing Date:
April 4, 2000
5. Rules adopted revising ch. PI 32, relating to grants for alcohol and other drug abuse programs.
Finding of Emergency
The Department of Public Instruction finds that an emergency exists and that a rule is necessary for the immediate preservation of the public welfare. A statement of the facts constituting the emergency is:
For the upcoming school year, the department will send grant application materials to school districts in March. Grant applications must be returned to the department in the spring of 2000 and grants will be awarded prior to July 1, 2000. In order for applicants to development proposals and for the state superintendent to review the proposals and make grant awards in time for the 2000-2001 school year, rules must be in place as soon as possible.
Publication Date:
March 4, 2000
Effective Date:
March 4, 2000
Expiration Date:
August 1, 2000
Hearing Dates:
March 6 and 8, 2000
EMERGENCY RULES NOW IN EFFECT
Public Service Commission
Rules adopted amending s. PSC 116.03(4) and creating s. PSC 116.04(6), relating to the definition of fuel and permissible fuel costs.
Finding of Emergency
In order to preserve the health, safety, and welfare of Wisconsin residential, commercial and industrial ratepayers it is necessary to amend ch. PSC 116 Wis. Adm. Code. Amending the definition of “fuel" in s. PSC 116.03(4) and creating s. PSC 116.04(6) would allow investor-owned utilities the ability to incorporate the cost of voluntary curtailment into the cost of fuel to increase the reliability of electric service in Wisconsin for the summer of 2000 and beyond. This change would assist in implementing the requirement of 1999 Wis. Act 9, s. 196.192(2)(a), Stats.
Publication Date:
June 5, 2000
