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:
October 15, 2000
Hearing Dates:
June 15, July 10 & 12, 2000
Extension Through:
February 11, 2001
Public Service Commission
Rules adopted creating s. PSC 2.06, relating to procedures for the confidential treatment of records.
Exemption from finding of emergency
At the direction of the Joint Committee for Review of Administrative Rules under s. 227.26 (2) (b), Stats., the Commission adopts a rule to create s. PSC 2.06, Wis. Adm. Code, relating to procedures for the confidential treatment of records.
Analysis by the Public Service Commission
Statutory authority: ss. 196.02(1) and (3), 227.11, 227.24 and 227.26, Stats.
Statutes interpreted: ss. 196.14, 196.72 and 196.795 (9), Stats.
On August 15, 2000, the Commission voted to promulgate administrative rules on requests for confidential handling of documents filed with the Commission. On September 20, 2000, the Joint Committee for Review of Administrative Rules directed the Commission to adopt a rule on the subject under s. 227.26 (2) (b), Stats. This rule creates a process for obtaining a designation of confidential status. Under the rule, a determination on whether information shall be treated confidentially shall be made at the time the information is given to the Commission. Under previous Commission procedures, if a person filing a document sought confidential treatment of information in the document, the filer could do so by identifying the grounds under which confidentiality could be granted. The Commission would accept the filing, but the acceptance did not constitute a determination that public access to the information would not be permitted. The Commission would determine if confidential status should be granted when a request for that information was made by another person.
Under this rule, a person who wishes the Commission to keep confidential information in the possession of the Commission, or requested by the Commission, must make an application for confidential status. The application must identify the information for which confidential treatment is sought and identify the authority under which confidential status should be granted. Within 21 days after receiving an application, the Commission may seek additional information from the applicant, if needed, to make a confidentiality determination. The applicant must respond within 30 days to the information request.
The Commission will make a determination on a confidentiality request within 30 days of receiving the additional information or within 30 days of the filing of the application if no additional information is needed. The determination will specify what, if any, information is given confidential treatment and the basis for that determination.
The Commission will give the applicant written notice of its determination. The Commission shall post all determinations regarding confidentiality on its website and may give other appropriate notice. If an applicant is authorized to file information confidentially in the context of a Commission proceeding, the applicant shall serve a copy of the determination on all persons listed on the service list for that proceeding.
Publication Date:
October 23, 2000
Effective Date:
October 23, 2000
Expiration Date:
March 22, 2001
Regulation and Licensing
Rules adopted revising chs. RL 90 to 92, relating to educational and examination requirements for massage therapists and bodyworkers.
Exemption from finding of emergency
Section 2 of 1999 Wis. Act 98 states that the department is not required to make a finding of emergency and that the department need not provide evidence of the necessity of preservation of the public peace, health, safety or welfare in promulgating rules.
Analysis prepared by the Department of Regulation and Licensing:
Statutory authority: s. 227.11 (2), Stats., and s. 440.982 (1) (b), Stats., as amended by 1999 Wis. Act 98.
Statutes interpreted: ss. 440.03 (1) and 440.982 (1) (a) and (b), Stats.
The emergency rule revision to chs. RL 90, 91 and 92 is necessary to implement 1999 Wis. Act 98, relating to educational and examination requirements for massage therapists and bodyworkers. The rules redefine an approved course of instruction to state that a course of instruction may now be approved by the department in addition to being offered by a school approved by the Educational Approval Board under s. 45.54, Stats. Prior to 1999 Wis. Act 98, an approved course of instruction could only be offered by a school approved by the Educational Approval Board.
The rules provide that a course of instruction approved by the department is either: (1) an associate degree program, or a vocational diploma program in massage therapy or bodywork offered by a technical college, or (2) a course of instruction in massage therapy or bodywork offered by a school accredited by an accrediting agency recognized by the U.S. Department of Education, or the Commission on Massage Training Accreditation.
An approved course of instruction must also meet the minimum requirements set forth in s. RL 92.02 (5), consisting of 600 classroom hours satisfying the subject area requirements listed in that section. Additional amendments renumber those remaining sections where affected.
SECTIONS 2, 4 and 6 create definitions of accrediting agency, associate degree program and vocational diploma program.
SECTION 3 renumbers and amends a provision to allow the department to approve a course of instruction authorized by s. 440.982 (1) (b), Stats.
SECTION 7 amends the introduction to s. RL 91.01, removing a reference to a section that is deleted.
SECTION 8 repeals a provision relating to a registration that is no longer offered.
SECTION 9 renumbers and amends a provision relating to an approved course of instruction authorized by s. 440.982 (1) (b), Stats.
SECTION 11 renumbers and amends provisions relating to successful completion of examinations required for registration.
SECTION 13 amends a provision relating to the submitted proof pertaining to completion of an approved course of instruction authorized by s. 440.982 (1) (b), Stats.
SECTION 14 repeals a reference to a formerly approved course of instruction and creates a provision that a course of instruction from a school that is not approved by the educational approval board be from a school that is either a technical college or accredited by an accrediting agency.
SECTION 15 amends provisions to require evidence that the applicant completed a course in adult cardiopulmonary resuscitation.
Publication Date:
September 3, 2000
Effective Date:
September 3, 2000
Expiration Date:
January 31, 2001
Hearing Dates:
October 3, 2000
Revenue
Rules were adopted creating s. Tax 9.69, relating to the Master Settlement Agreement between the state of Wisconsin and tobacco product manufacturers.
Exemption from finding of emergency
Under a nonstatutory provision in 1999 Wis. Act 122, the Department of Revenue is authorized to promulgate an emergency rule. The emergency rule is for the purpose of setting forth the requirements and methods to be used to ascertain the amount of Wisconsin excise tax paid each year on cigarettes of each tobacco product manufacturer that elects to place funds in a qualified escrow fund or, if the department deems it appropriate, is a participating manufacturer under the Master Settlement Agreement between the state and tobacco product manufacturers. The emergency rule shall cover the period from the effective date of 1999 Wis. Act 122, May 23, 2000, to the date a permanent rule becomes effective. (Note: The department is required under s. 895.10 (4), Stats., as created by 1999 Wis. Act 122, to promulgate a rule and is required under a nonstatutory provision to submit a proposed permanent rule to the Legislative Council by September 1, 2000.)
A nonstatutory provision in 1999 Wis. Act 122 provides that the department is not required to provide a finding of emergency or to provide evidence that an emergency rule is necessary for the preservation of the public peace, health, safety or welfare.
The rule is therefore promulgated as an emergency rule without a finding of emergency and without evidence that an emergency rule is necessary for the preservation of the public peace, health, safety or welfare. The rule shall take effect upon publication in the official state newspaper and shall apply retroactively to sales of cigarettes on or after May 23, 2000, as provided in s. 895.10 (2) (intro.), Stats., as created by 1999 Wis. Act 122. Certified copies of this rule have been filed with the Secretary of State and the Revisor of Statutes, as provided in s. 227.24, Stats.
Publication Date:
August 17, 2000
Effective Date:
August 17, 2000
Expiration Date:
January 14, 2001
Hearing Dates:
September 18, 2000
Tobacco Control Board
Rules adopted creating ch. TCB 1
, relating to the administration and awarding of grants for tobacco control and establishing criteria for recipients of the grants.
Statement of Emergency
The Wisconsin Tobacco Control Board finds that an emergency exists and that a rule is necessary for the immediate preservation of the health, safety and welfare of Wisconsin residents, particularly youth and current smokers. A statement of the facts constituting the emergency is as follows:
The health and fiscal impact of tobacco use are well documented. In Wisconsin alone, 7,800 deaths occur each year from tobacco-related disease. In addition, Wisconsin government, residents and health care providers pay over $1.3 billion annually for health care costs associated with tobacco use.
While tobacco's effects are in individuals' futures, immediate action is required to reverse the recent trend toward rising youth addiction and resulting long-term negative health effects of tobacco use. According to the Centers for Disease Control and Prevention, over 3,000 youths begin smoking every day in the United States. In Wisconsin alone, there has been a 19 percent increase in high school tobacco use since 1993, with over 38 percent of high school youth smoking a cigarette in the last month. This increase in youth tobacco use is particularly threatening since over 90 percent of current smokers began smoking before the age of 18. Of the current 1 million smokers in Wisconsin, half will die from tobacco-related diseases such as emphysema, lung cancer, heart disease and stroke.
In addition, tobacco use among specific populations continues to present an ongoing threat to the health of Wisconsin citizens. Wisconsin has a rate of tobacco use among pregnant women that is 30 percent higher than the national average. In addition, the national smoking rate among African-American youth doubled from 14 percent in 1993 to 28 percent in 1997. Finally, the 48% smoking rate of Medicaid recipients is twice the rate of the general population.
The ongoing and emerging health impacts and costs associated with tobacco use necessitate the immediate implementation of the comprehensive initiative to address tobacco use in Wisconsin.
The Board, through this order, is creating chapter TCB 1 relating to the Board's administering and awarding grants for tobacco control and establishing criteria for recipients of the grants. The rule is being promulgated under the authority of s. 255.15 (1m), Stats., for the purpose of establishing criteria, procedures, requirements and conditions for the award of project grants from the appropriation under s. 20.436 (1) (tc), Stats., to organizations that operate or propose to operate programs reducing tobacco use by preventing tobacco use, promoting tobacco use cessation and eliminating environmental tobacco smoke.
Publication Date:
November 7, 2000
Effective Date:
November 7, 2000
Expiration Date:
April 6, 2001
Hearing Dates:
January 10, 2001
Statements of scope of proposed rules
Agriculture, Trade and Consumer Protection
Subject
Cheesemakers Licenses
Description of Policy Issues
Current department rules prescribe the qualifications needed to be eligible to obtain a cheesemaker's license. Section ATCP 69.02, Wis. Adm. Code, specifically requires experience in cheesemaking. These rules have been in effect for many years and need to be updated. The department proposes to modify the rule to allow for an alternative adult learning method to meet the experience requirement. Although the proposed alternative experience requirements would differ from current requirements, these alternative experience requirements will be equivalent in their objectives, content and rigor.
Wisconsin is the only state which requires that cheesemakers be licensed to engage in that occupation. This requirement has been in effect since 1929.
Prices paid for producer milk are volatile and dairy producers would like to be able to pursue direct marketing opportunities. There is increasing consumer demand for specialty and farmstead cheese. For these reasons, milk producers would like to be able to add value to their products on the farm. Some of these milk producers would like to make cheese from their milk and sell it directly to consumers and restaurants. However, the current experience requirements make it impractical for most producers to obtain the cheesemaking experience needed as a prerequisite to processing cheese at a dairy plant located on their farm.
Developing an adult education method for obtaining cheesemaking experience requirements would allow milk producers to meet the requirements by attending approved university level courses while concurrently working as a milk producer. These courses would be prescribed by the rule. The rule would also include a required period of actual cheesemaking experience in a cheese factory.
Policy alternatives:
• Do nothing. This alternative would frustrate the efforts of some milk producers to produce value-added products on their farms. Wisconsin milk producers are effectively prevented from benefiting from increased consumer demand for specialty and farmstead cheese.
• Eliminate the requirement to hold a cheesemakers license when making cheese. This alternative would allow milk producers (and anyone else) to make cheese without a license. This alternative may dilute Wisconsin's cheesemaking expertise and ultimately adversely impact the quality and safety of cheese manufactured in Wisconsin.
Statutory Authority
The department proposes to develop cheesemaker license rules under authority of ss. 93.07 and 97.17, Stats. The rules would interpret s. 97.17, Stats.
Staff Time Required
The department estimates that it will require approximately 0.25 FTE staff time to develop this rule. This includes research, drafting, preparing related documents, holding public hearings and communicating with affected persons and groups. The department will assign existing staff to develop this rule.
