Wisconsin
Administrative
Register
No. 537
Publication Date: September 14, 2000
Effective Date: September 15, 2000
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.
Pages 5 to 13.
Administration:
Rules adopted creating ch. Adm 43, relating to public benefit fees. [FIRST APPEARANCE]
Rules adopted creating ch. Adm 44, relating to energy conservation and efficiency and the renewable resource program. [FIRST APPEARANCE]
Rules adopted creating ch. Adm 45, relating to low-income assistance public benefits. [FIRST APPEARANCE]
Agriculture, Trade and Consumer Protection:
Rules relating to swine import and required tests.
Rules relating to fees required of agent municipalities inspecting retail food establishments.
Rules relating to an implied warranty on disease-free cattle and goats.
Rule relating to residential rental practices.
Rules relating to importing certain animals from a USDA-designated “non-modified accredited" state.
Commerce:
PECFA, Chs. Comm 46 and 47
Rules relating to Petroleum Environmental Cleanup Fund interagency responsibilities.
Rules relating to appeals under the PECFA program.
Employe Trust Funds:
Rules relating to the distribution to annuitants under 1999 Wis. Act 11.
Health & Family Services:
Management, etc., Chs. HFS 1--
Rules relating to family care.
Health & Family Services:
Medical Assistance, Chs. HFS 100-108
Rules relating to the medicaid purchase plan.
Health & Family Services:
Health, Chs. HFS 110--
Rules relating to the Health Risk-Sharing Plan.
Natural Resources:
Fish, Game, etc., Chs. NR 1--
Rules relating to deer hunting.
Rules adopted revising ch. NR 10, relating to the 2000 migratory game bird season. [FIRST APPEARANCE]
Rules adopted revising ch. NR 51, relating to the stewardship program. [FIRST APPEARANCE]
Natural Resources:
Environmental Protection-General, Chs. NR 100--
Rules relating to the brownfield site assessment grant program.
Natural Resources:
Environmental Protection-Investigation & Remediation, Chs. NR 700--
Rules relating to sites contaminated with petroleum products from petroleum storage tanks.
Public Service Commission:
Rules relating to the definition of fuel and permissible fuel costs.
Regulation and Licensing:
Rules adopted revising chs. RL 90-92, relating to massage therapists and bodyworkers. [FIRST APPEARANCE]
Revenue:
Rules relating to retailer performance program of the Wisconsin Lottery.
Rules relating to the tobacco settlement agreement.
Workforce Development:
Economic Support, Chs. DWD 11-59
Rule relating to W-2 Program disregard of 2000 census income.
Scope Statements.
Pages 14 to 20.
Agriculture, Trade and Consumer Protection:
Ch. ATCP 40 - Relating to fertilizer and related products.
Commerce (Licenses, Certifications and Registrations, Ch. Comm 5) and (Uniform Dwelling, Chs. Comm 20-25):

Chs. Comm 5 and 20-25 - Relating to the Uniform Dwelling Code.
Elections Board:
SS. ElBd 2.05 to 2.07 - Relating to the procedure for filing nomination papers and determining their sufficiency; the procedure for challenging nomination papers; the procedure for responding to challenges to nomination papers; and the procedure for filing officer review of challenges to nomination papers.
Natural Resources (Fish, Game, etc., Chs. NR 1--):
S. NR 1.62 and ch. NR 45 - Relating to rock climbing on Department properties.
Natural Resources (Fish, Game, etc., Chs. NR 1--):
S. NR 1.95 - Relating to wetland preservation, protection and management housekeeping changes to reflect law changes and the Department's wetland strategy, “Reversing the Loss".
Natural Resources (Fish, Game, etc., Chs. NR 1--):
Ch. NR 45 - Relating to the use of Department properties.
Natural Resources (Fish, Game, etc., Chs. NR 1--):
Ch. NR 47 - Relating to an emergency rule request for cost-shared suppression of gypsy moth outbreaks (Forestry Grant and State Aid Administration).
Natural Resources (Environmental Protection-Air Pollution Control, Chs. NR 400--):

Chs. NR 422, 460, 465 and 484 - Relating to incorporating existing national standards for hazardous air pollutants (NESHAP) for wood furniture manufacturing operations into the Wisconsin Administrative Code.
Natural Resources (Environmental Protection-Air Pollution Control, Chs. NR 400--):

Ch. NR 464 - Relating to hazardous air pollutant emissions from pulp and paper mills. The proposed rule is identical to the already-promulgated Federal Maximum Achievable Control Technology (MACT) Standard.
Regulation and Licensing:
Ch. RL 87, Appendix I - Relating to the Uniform Standards of Appraisal Practice (USPAP) requirements as promulgated by the Appraisal Standards Board of the Appraisal Foundation.
Notices of Submittal of Proposed Rules to Wisconsin Legislative Council Rules Clearinghouse.
Pages 21 to 22.
Chiropractic Examining Board:
SS. Chir 4.03 and 4.05 (1) (d) - Relating to nutritional supplements.
Chiropractic Examining Board:
S. Chir 5.01 (1) - Relating to continuing education requirements.
Commerce (Licenses, Certifications and Registrations, Ch. Comm 5):

SS. Comm 5.07, 5.08 and 5.92 - Relating to renewal of expired credentials.
Commerce (PECFA, Chs. Comm 46-47):
Ch. Comm 46 - Relating to Petroleum Environmental Cleanup Fund Interagency Responsibilities.
Regulation and Licensing:
Chs. RL 90 to 92 - Relating to educational and examination requirements for massage therapists and bodyworkers.
Workforce Development (Economic Support, Chs. DWD 11-59):
Chs. DWD 12 and 56 - Relating to W-2 eligibility and child care copayments.
Workforce Development (Economic Support, Chs. DWD 11-59):
Chs. DWD 22 and HSS 205, 206, 207, 225 and 244 - Relating to obsolete public assistance policies and procedures.
Notices of Hearings or of Proposed Rules.
Pages 23 to 33.
Agriculture, Trade and Consumer Protection:
Hearing to consider ch. ATCP 16, relating to importing bovine animals, goats or cervids from a “non-modified accredited" state. [Hearing date: 09/19/00]
Agriculture, Trade and Consumer Protection:
Hearing to consider revision to ch. ATCP 30, relating to the use of atrazine. [Hearing date: 09/13/00]
Athletic Trainers Affiliated Credentialing Board:
Hearing to consider chs. AT 1 to 5, relating to the licensure and regulation of athletic trainers. [Hearing date: 09/29/00]
Commerce:
Licenses, Certifications, etc., Ch. Comm 5
Hearing to consider revision to ch. Comm 5, relating to renewal of expired credentials. [Hearing date: 09/26/00]
Commerce:
PECFA, Chs. Comm 46-47
Hearing to consider rules creating ch. Comm 46, relating to Petroleum Environmental Cleanup Fund Interagency Responsibilities. [Hearing date: 09/26/00]
Regulation and Licensing:
Hearing to consider emergency rule revision to chs. RL 90 to 92, relating to massage therapists and bodyworkers. [Hearing date: 10/03/00]
Regulation and Licensing:
Hearing to consider revision to chs. RL 90 to 92, relating to massage therapists and bodyworkers. [Hearing date: 10/03/00]
Workforce Development:
Economic Support, Chs. DWD 11-59
Hearing to consider revision of chs. DWD 12 and 56, relating to the eligibility and child care copayments. [Hearing date: 09/29/00]
Workforce Development:
Economic Support, Chs. DWD 11-59
Hearing to consider repeal of chs. HSS 205, 206, 207, 225 and 244 and DWD 22, relating to obsolete public assistance policies and procedures. [Hearing date: 09/29/00]
Notice of Submission of Proposed Rules to the Presiding Officer of Each House of the Legislature, Under S. 227.19, Stats.
Page 34.
Agriculture, Trade and Consumer Protection:
(CR 00-60) - Ch. ATCP 75
Health and Family Services:
(CR 00-59) - Ch. HFS 196
Transportation:
(CR 00-109) - Chs. Trans 231 and 233
Workforce Development:
(CR 00-66) - Ch. DWD 16
Workforce Development:
(CR 00-67) - Chs. HSS 245 and DWD 18
Administrative Rules Filed with the Revisor of Statutes Bureau.
Page 35.
Barbering and Cosmetology Examining Board:
(CR 00-19) - SS. BC Figure 5.02, Figure 5.04,
Figure 5.05 and Figure 5.06
Employe Trust Funds:
(CR 00-43) - Ch. ETF 50
Employe Trust Funds:
(CR 00-62) - S. ETF 10.60 (2) and (3)
Investment Board:
(CR 00-70) - S. IB 2.04
Regulation and Licensing:
(CR 00-18) - S. RL 62.11
Notice of Nonacquiescence.
Page 36.
Revenue:
Tax Appeals Commission
Essie L. Zollicoffer, Petitioner, v. Wis. Dept. of Revenue, Respondent.
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 (3)
Administration
1.   Rules adopted creating ch. Adm 43, relating to public benefits fees
Exemption From Finding of Emergency
(See section 9101 (1zu) (a) of 1999 Wis. Act 9)
Analysis Prepared by the Department of Administration:
Statutory authority: ss. 16.004 (1), 16.957(2)(c) 4. and 5., and (4)(b), Stats.
Statute interpreted: s. 16.957(2)(c) 4. and 5., and (4), Stats.
1999 Wis. Act 9 included major provisions relating to aspects of electric utility regulation, commonly referred to as “Reliability 2000." That legislation created a new statutory framework within which public benefit programs relating to low-income energy assistance and energy conservation and renewable energy are continued and expanded. Under ss. 16.957(2)(c) and (4)(b), Stats., the Department of Administration is directed to promulgate rules setting fees to be collected by utilities from their customers, and establishing requirements and procedures related to those low-income and energy conservation programs. This rule provides mechanisms for setting, collecting, and reporting the fees, and related matters.
Publication Date:   August 22, 2000
Effective Date:   August 22, 2000
Expiration Date:   January 19, 2000
2.   Rule adopted creating ch. Adm 44, relating to energy conservation and efficiency and renewable resource programs.
Exemption From Finding of Emergency
(See section 9101 (1zu) (am) of 1999 Wis. Act 9)
Analysis Prepared by the Department of Administration:
Statutory authority: ss. 16.004(1) and 16.957(2)(c), 2., 2m. and 2n., Stats.
Statute interpreted: s. 16.957(2)(b) and (3)(b), Stats.
Under s. 16.957(2)(c)2, 2m., and 2n., Stats., the Department of Administration is required to promulgate rules for energy conservation and efficiency and renewable resource public benefits programs. The rule establishes requirements, procedures and criteria to be followed by program administrators in soliciting and selecting applications for grant funding to be awarded by the Department for energy programs established under s. 16.957(2)(b), Stats.
The Department believes it is neither wise nor practical to include specific detail in this rule to cover programs that are not yet in existence. These programs will be developed over a longer period of time, with a wide range of input from the Council on Utility Public Benefits, potential program providers, and recipient citizens. They will develop as the needs of the energy efficiency and conservation market becomes clearer and our collective knowledge is increased.
Examples of the variety of programs to be created under s. 16.957 (2) (b) 1., Stats., run the gamut from a simple rebate of a few cents for the purchase of energy efficient products or services to programs requiring complete engineering audits of industrial plants, arrangement of financing, performance contracting and multi-year performance monitoring. The requirements, procedures and related selection criteria necessary to implement these varying programs cannot be specified with detail in this rule. Rather, the rule is designed to allow flexibility for development of policies and procedures through detailed policy and procedure manuals for each program, consistent with Department practice for low-income assistance programs now in effect under ss. 16.385 and 16.39, Stats.
Publication Date:   August 22, 2000
Effective Date:   August 22, 2000
Expiration Date:   January 19, 2001
3.   Rules adopted creating ch. Adm 45, relating to low-income assistance public benefits.
Exemption From Finding of Emergency
(See section 9101 (1zu) (am) of 1999 Wis. Act 9)
Analysis Prepared by the Department of Administration:
Statutory authority: ss. 16.004(1) and 16.957(2) (c) 2., Stats.
Statute interpreted: s. 16.957(2) (a), Stats.
Under s. 16.957(2)(c), Stats., the Department of Administration is required to promulgate rules for low-income public benefits programs. The proposed rule establishes eligibility and application requirements and procedures for assistance under a low-income public benefits program established under s. 16.957(2)(a), Stats.
It is the Department's understanding that the Legislature's intent for this rule was to build upon and transition from the Low-Income Home Energy Assistance Program (LIHEAP) and the Low-Income Weatherization Assistance Program (LIWAP) currently administered by the Department under ss. 16.385 and 16.39, Stats., respectively. The Department presently utilizes extensive, detailed policy and procedure manuals under which those programs operate. Annual plans are also prepared for each of these programs which are submitted to the federal government as required by the U.S. Department of Housing and Urban Development after extensive opportunities for public input, including public hearings. Because these programs, and the public benefits programs yet to be developed in concert with them under s. 16.957(2)(a), Stats., must be implemented during the heating season, they must be able to react to significant fluctuations of weather, energy costs and energy shortages in a relatively short period of time. For these reasons, this proposed rule is intentionally succinct, yet flexible in order to account for the specific needs of low-income assistance programs envisioned.
Expiration Date:   August 22, 2000
Effective Date:   August 22, 2000
Expiration Date:   January 19, 2000
EMERGENCY RULES NOW IN EFFECT (5)
Agriculture, Trade & Consumer Protection
1.   Rules adopted revising s. ATCP 11.20 and creating ss. ATCP 11.01 (11m) and 11.73, relating to swine import and required tests.
Finding of Emergency
The state of Wisconsin department of agriculture, trade and consumer protection (department) finds that an emergency exists and that an emergency rule is necessary to protect public health, safety and welfare. The facts constituting the emergency are as follows:
  Pseudorabies is a highly contagious disease of swine and other livestock. Wisconsin initiated its pseudorabies program in 1976. Since that time, the department has worked diligently, pork producers have sacrificed significantly and the state has paid substantial costs to eradicate the disease. In 1997, the National Pseudorabies Control Board recognized Wisconsin as a pseudorabies stage IV state. If there are no incidents of pseudorabies in the state before October, 2000, the state will be classified as a pseudorabies stage V state (free of the disease) at that time. Classification as a pseudorabies stage IV or V state creates significant benefits in the swine export market.
  There has been a significant increase in pseudorabies cases reported in several pseudorabies stage II and III states. In the past, Wisconsin pork producers have imported many swine from the pseudorabies stage II and III states which are now experiencing an increase in pseudorabies.
  If pseudorabies spreads to Wisconsin, the Wisconsin pork industry will be hampered in its ability to produce and export swine and pork products.
  The increased prevalence of pseudorabies in states from which Wisconsin import shipments originate creates a substantial threat to the pork industry in Wisconsin. The department finds that an emergency rule is needed to minimize the threat of pseudorabies.
Publication Date:   May 25, 2000
Effective Date:   May 25, 2000
Expiration Date:   October 22, 2000
Hearing Date:   June 29, 2000
2.   Rule adopted amending s. ATCP 74.08 (1), relating to fees required of agent cities and counties that license and inspect retail food establishments.
Finding of Emergency
The Department of Agriculture, Trade and Consumer Protection (“department") finds that an emergency rule is necessary to promote the public welfare, and prevent unnecessary economic hardship on cities and counties that license and inspect retail food establishments for the department. The facts constituting the emergency are as follows:
(1) The department licenses and inspects retail food establishments under s. 97.30, Stats. Under s. 97.41, Stats., the department may enter into an agreement with a city or county, under which the city or county licenses and inspects retail food establishments for the department. The department monitors and assists the agent city or county. From the license fees that it collects, an agent city or county must pay the department an annual fee to cover the department's costs. The department sets the fee by rule.
(2) By rule, the department establishes license fees for retail food establishments that it licenses directly. An agent city or county may charge a license fee that differs from the state license fee established by the department.
(3) Under current rules, an agent city or county must pay the department an annual fee, for each retail food establishment, that is equal to 20% of the license fee that the department would charge if it licensed the establishment directly.
(4) Effective February 1, 1998; the department increased license fees for retail food establishments that it licenses. The fee increase was caused, in part, by a legislative budget change that required the department to recover 60% (rather than 50%) of its program costs from license fees. The fee change approximately doubled the department's license fees, increasing the maximum retail food license fee from $210 to $450 and the minimum fee from $42 to $90.
(5) The department's 1998 license fee increase incidentally increased the annual fees that agent cities were required to pay to the department, beginning with the license year ending June 30, 1999. As a result of the department's license fee increase, agent cities and counties were required to pay the department 20% of the increased license fee amounts. This change effectively doubled city and county fee payments to the department and imposed a serious financial burden on those city and county governments. The increased fee payments also exceeded the amounts needed to cover the department's costs under agent city and agent county agreements.
(6) In order to reduce the financial burden on local governments and eliminate the department's surplus receipts, it is necessary to reduce the agent city and county percentage fee payment from 20% to 10% beginning with the license year that ends June 30, 2000. The public welfare necessitates that the department make this rule change by June 30, 2000. However, it is not possible to make this rule change by June 30 using normal rulemaking procedures. The department is, therefore, adopting this rule change by emergency rule, pending adoption by normal rulemaking procedures.
Publication Date:   June 30, 2000
Effective Date:   July 1, 2000
Expiration Date:   November 29, 2000
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