•Green Bay area
July 24, 2000 Northeast Wisconsin
Monday Technical College
1:00 – 3:00 p.m. and Room 6201
6:00 – 8:00 p.m. 2740 West Mason Street
Green Bay, Wisconsin
•Wausau area
July 26, 2000 Marathon Public Library
Wednesday Wausau Room (3rd Floor)
1:00 – 3:00 p.m. and 300 First Street
6:00 – 8:00 p.m. Wausau, Wisconsin
Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection
Statutory Authority: ss. 93.07(1), 100.20(2)
and 100.45(5) and (5e)
Statutes Intepreted: ss. 100.20(2) and 100.45
Background: Current Rules
In 1990, the Wisconsin legislature enacted comprehensive legislation regulating the sale, handling and use of ozone-depleting refrigerants. The legislature has adopted several amendments since 1990. Current law is based, in part, on federal regulations adopted by the U.S. environmental protection agency under Title VI of the federal clean air act amendments of 1990. Among other things, this legislation created s. 100.45, Stats., which directs DATCP to adopt rules regulating the servicing of mobile air conditioners and the sale and use of ozone-depleting refrigerants. Current law also directs DATCP to establish fees for regulated businesses to cover the cost of the program.
DATCP adopted rules related to mobile air conditioners in 1991 as ch. ATCP 136, Wis. Adm. Code. The rules were most recently revised in 1996. The current rules:
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Regulate sales of ozone-depleting refrigerants and refrigerant substitutes, and the servicing of mobile air conditioners and trailer refrigeration equipment.
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Require regulated businesses to register with DATCP. Registered businesses must have approved recovery and recycling equipment. Technicians employed by the business must also be trained, tested and certified under a DATCP-approved training program.
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Require regulated businesses to recover, recycle or reclaim refrigerants used in mobile air conditioners and trailer refrigeration equipment. Recycled refrigerants must meet industry-developed purity standards.
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Prohibit venting of refrigerants and “topping off" of leaky mobile air conditioners or trailer refrigeration equipment. Technicians must inspect for leaks, and make proper repairs, before adding refrigerant.
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Prohibit sales of refrigerant in small containers (less than 15 pounds), and restrict other refrigerant sales to certified technicians and state-licensed businesses.
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Establish annual license fees for regulated businesses.
Proposed Rule Changes
This rule increases the annual registration fee for businesses engaged in repairing and servicing mobile air conditioners and trailer refrigeration equipment. This rule increases the annual fee from $80 to $120. DATCP has not adjusted the fee since start-up of the program in 1991. A fee increase is needed to maintain the current level of program operations.
Current rules require on-site recovery, recycling and reuse of refrigerant for motor vehicle air conditioning systems. This rule relaxes current prohibitions against the sale or transfer of recovered refrigerant, consistent with 1997 Wis. Act 165 and recent changes in federal regulations, by permitting auto salvagers and others to sell recovered refrigerant to DATCP-registered repair businesses for recycling and reuse.
This rule removes current obsolete references to “used refrigerant broker", including broker registration requirements.
Under current law, DATCP may regulate refrigerants used as substitutes for ozone-depleting refrigerants in mobile air conditioners and trailer refrigeration equipment. This rule more closely regulates the use of substitute refrigerants, consistent with federal EPA regulations under 40 CFR Part 82, Subpart G. The proposed changes require a person installing an EPA-accepted substitute refrigerant to completely remove the original refrigerant, install unique fittings, and meet other retrofitting requirements. These requirements are designed to prevent costly cross-contamination of refrigerant supplies and potential damage to recycling equipment and mobile air conditioning systems.
This rule prohibits deceptive advertising and sales claims for substitute refrigerants and requires sellers to disclose all use restrictions and installation requirements associated with the product.
This rule also makes the following minor changes to ch. ATCP 136, Wis. Adm. Code, by (1) clarifying training requirements for new resident technicians who were previously certified under a federal technician training program, (2) eliminating expiration dates for DATCP-approved technician training programs and clarifying DATCP's authority to audit training programs and review training materials for compliance with DATCP rules, and (3) clarifying recordkeeping requirements for persons buying and selling refrigerant to more effectively track purchases and sales.
Fiscal Estimate
See page 20 of the June 30, 2000 Wisconsin Administrative Register.
Initial Regulatory Flexibility Analysis
See page 20 of the June 30, 2000 Wisconsin Administrative Register.
Notice of Hearing
Agriculture, Trade & Consumer Protection
The State of Wisconsin Department of Agriculture, Trade and Consumer Protection announces it will hold a public hearing on its emergency rule (ss. ATCP 10.21(1m), and 10.63(1m)) relating to an implied warranty that cattle and goats are free of paratuberculosis (also known as Johne's disease).
Hearing Information
July 27, 2000 Agriculture, Trade &
Thursday Consumer Protection
2:00 p.m. Prairie Oak State
Office Bldg.
2811 Agriculture Dr.
Madison, WI
Public comment is being sought on the Department's emergency rule, pursuant to s. 227.24(4), Stats., which requires that a public hearing be held within 45 days after an emergency rule is adopted. Following the public hearing, the hearing record will remain open until August 4, 2000 to receive additional written comments.
An interpreter for the hearing impaired will be available on request for this public hearing. Please make reservations for a hearing interpreter by July 20, 2000 either by writing to Dr. Robert Ehlenfeldt, Division of Animal Health, P.O. Box 8911, Madison, WI 53708-8911 (telephone 608-224-4880) or by calling the Department TDD at 608-224-5058.
Analysis prepared by the Department of Agriculture, Trade and Consumer Protection
Statutory authority: ss. 93.07(1) and 95.195 as affected by 1999 Wis. Act. 160
Statutes interpreted: s. 95.195 as affected by 1999 Wis. Act 160
The department of agriculture, trade and consumer protection administers the “implied warranty" law under s. 95.195, Stats., related to sales of animals. This emergency rule implements 1999 Wis. Act 160, which modified the “implied warranty" law. This emergency rule maintains the current coverage of the law by clarifying that the law applies to paratuberculosis (Johne's disease) in cattle and goats. This emergency rule does not expand the coverage of the current law.
Background
Paratuberculosis, also known as Johne's disease, is a serious and widespread disease of cattle and goats. The disease is slow to develop, and an infected animal may go for years without showing symptoms. An infected animal, which is free of symptoms at the time of sale, may spread the disease to a buyer's herd. The disease has a serious impact on milk production, and is ultimately fatal to infected animals.
1989 Wis. Act 277 established a Johne's disease “implied warranty" in the sale of cattle and goats. Under the “implied warranty" law, a seller implicitly warrants to a buyer that cattle and goats are free of Johne's disease unless the seller complies with certain testing and disclosure requirements. If cattle or goats are infected with Johne's disease at the time of sale, and the seller has not complied with those testing and disclosure requirements, the buyer may sue the seller for damages under the “implied warranty."
The “implied warranty" law protects buyers, and gives sellers an incentive to test their animals for Johne's disease. A seller may avoid the “implied warranty" by testing and disclosing. Testing is important for controlling this serious disease.
1999 Wis. Act 160 changed the “implied warranty" law, effective July 1, 2000. It changed prior testing and disclosure requirements to make the law more effective and workable. It also authorized DATCP to cover other diseases and animal species by rule. DATCP must implement the new law by rule. The “implied warranty" will no longer apply to any animals or diseases (including Johne's disease in cattle or goats) unless DATCP identifies those animals and diseases by rule.
DATCP, the livestock industry and the Legislature intended that the new law would apply, at a minimum, to Johne's disease in cattle and goats. DATCP has in fact adopted new Johne's disease rules for cattle and goats, in anticipation of the July 1, 2000 effective date of the new law. However, the new rules are technically flawed, in that they imply but do not explicitly state that the new law applies to Johne's disease in cattle and goats. This emergency rule remedies that technical flaw on a temporary basis, pending the adoption of “permanent" remedial rules. This emergency rule does not change the substance or intended application of DATCP's Johne's disease rules.
Text of Rule
SECTION 1. ATCP 10.21(1m) is created to read:
ATCP 10.21(1m) Implied warranty. Section 95.195, Stats., covers paratuberculosis in cattle and applies to sales of cattle.
SECTION 2. ATCP 10.63(1m) is created to read:
ATCP 10.63(1m) Implied warranty. Section 95.195, Stats., covers paratuberculosis in goats and applies to sales of goats.
Fiscal Estimate
The department does not expect this emergency rule to have any fiscal effect on state or local governments.
Initial Regulatory Flexibility Analysis
This emergency rule will have little or no impact on small businesses. It does not change the extent of coverage of the implied warranty rule. It merely makes explicit the coverage which was previously only implied in the Johne's disease rules.
Notice of Hearing
Public Service Commission
The Commission proposes to create a new chapter of rules pursuant to provisions of 1999 Wis. Act 9, in order to establish a renewable resource credits (RRC) trading program. The renewable resource requirement legislation, s. 196.378, Stats., requires electric energy providers to meet increasing percentages of their retail energy sales with renewable resources. An RRC program. must be established, allowing electric providers that supply more retail renewable energy than the minimum statutory requirements to sell credits to other providers, or to bank credits for future use. Rules promulgated will perform several functions basic to the creation of an RRC program, as specified in s. 196.378 (3), Stats.
Notice is further given that a hearing will be held beginning on Wednesday, July 26, 2000, at 9:30 a.m. in the Amnicon Falls Hearing Room at the Public Service Commission Building, 610 North Whitney Way, Madison, Wisconsin, and continuing at times to be set by the presiding Administrative Law Judge. This building is accessible to people in wheelchairs through the Whitney Way first floor (lobby) entrance. Parking for people with disabilities is available on the south side of the building. Any person with a disability who needs additional accommodations should contact the case coordinator listed below.
Summary and Analysis of Rules
Statutory authority: ss. 196.02(1) and (3), 196.378(3), and 227.22
Statute interpreted: s. 196.378
1999 Wis. Act 9 created a renewable portfolio standard, requiring electric providers to meet certain minimum percentages of their retail sales with renewable resources. These minimum percentages gradually increase over time. In lieu of providing renewable energy to its customers, an electric provider can obtain an RRC. The proposed rules address the requirements and procedures for creation and use of RRCs.
The proposed rules require a program administrator to implement and supervise an RRC trading program for participants. Beginning on January 1, 2001, RRCs for use in the trading program may be created by the energy output of a renewable facility. The energy output must be physically metered and sold at retail and the program administrator must verify the accuracy of the metering. The renewable facility must also register with, and be certified by, the Commission.
The program administrator will create an RRC account to track RRCs for each program participant. The program administrator will also credit RRCs to RRC accounts. When an RRC is credited to an account, the account owner may sell or transfer the RRC to any person. An RRC may continue to be sold or traded as long as each buyer or transferee reports the transaction to the program administrator within 10 days of its consummation. The program administrator retires the RRCs upon their use to satisfy the electric providers minimum renewable energy requirement. If an RRC is not used within five years of its creation, the program administrator will retire it.
The rules require that a renewable facility creating RRCs be certified by the Commission. To accomplish this, the owner of a renewable facility, or its designated representative, must provide registration information to the Commission. This information includes the renewable facility's location, owner, and technology; date placed in service; and rated capacity. Information that demonstrates that the renewable facility meets the resource eligibility criteria must also be provided.
Initial Regulatory Flexibility Analysis
The proposed rules would apply to electric public utilities and retail electric cooperatives. The proposed rules do not affect small businesses as defined in s. 227.114, Stats.
Environmental Analysis
This is a Type III action under s. PSC 4.10(3), Wis. Adm. Code. No unusual circumstances suggesting the likelihood of significant environmental consequences have come to the Commission's attention. Neither an environmental impact statement under s. 1.11, Wis. Stats., nor an environmental assessment is required.
Fiscal Estimate
It has not been determined how the program administrator will be created. A collaborative report to the Commission will be part of the rulemaking process. The report will address this issue, among others, and make a recommendation to the Commission for action. Until the report is received and action is taken by the Commission, it would be speculative to provide cost data. A new fiscal note will be developed after the Commission has acted on the collaborative report.
