Standards for Siting and Expanding Livestock Facilities.
Administrative Code Reference: Chapter
ATCP 51, Wis. Adm. Code (new).
Policy analysis
•
It requires DATCP to adopt, by rule, standards for the siting or expansion of livestock facilities in this state. DATCP must develop the rules in consultation with a committee of experts appointed by the DATCP Secretary. The DATCP rules may incorporate by reference (and may not conflict with) existing rules related to soil and water conservation, animal waste management and water pollution control. The DATCP rules may also include other standards, as appropriate. DATCP must consider whether the standards (other than the existing standards that are incorporated by reference) are all of the following:
- Protective of public health or safety.
- Practical and workable.
- Cost-effective.
- Objective.
- Based upon peer-reviewed scientific information.
- Designed to promote the growth and viability of animal agriculture.
- Designed to balance the economic viability of farm operations with protecting natural resources and other community interests.
- Usable by local officials.
•It requires local governments (counties, towns, cities and villages) to apply state standards (adopted by DATCP) when granting or denying approval for the siting or expansion of livestock facilities (there are some exceptions). A local government must make a record indicating the basis for its decision. DATCP must adopt rules that spell out all of the following:
- The information that a livestock operator must include in an application for approval, in order to demonstrate that the proposed siting or expansion complies with applicable state standards.
- The information and documentation that a local government must include in its decisionmaking record.
•It creates a livestock facility siting review board with authority to review local decisions for compliance with state standards.
•Establish standards for the siting and expansion of livestock facilities in this state.
•Spell out information that a livestock operator must include in an application for approval, in order to demonstrate that the proposed siting or expansion complies with applicable state standards.
•Spell out information and documentation that a local government must include in its decisionmaking record.
•Include other provisions, if any, that are needed for the implementation of
2003 Wis. Act 235.
DATCP must submit a hearing draft rule to the Legislative Council Rules Clearinghouse no later than the first day of the 12th month following the April 28, 2004 effective date of Act 235. DATCP proposes to adopt and publish a final draft rule by the date on which key portions of Act 235 are scheduled to take effect (18 months after the April 28, 2004).
Policy alternatives
Act 235 requires DATCP to adopt rules as described in this scope statement (rulemaking is essential for the implementation of Act 235). DATCP has some discretion related to the content of the rules. DATCP has not yet determined the rule contents, but will consider policy options in consultation with an expert advisory panel. DATCP will also consult with the advisory committee that recommended the provisions contained in Act 235.
Comparison to federal regulations
This rule may affect animal feeding operations that the Department of Natural Resources (DNR) regulates under authority delegated to DNR under the federal Clean Air Act and Clean Water Act.
Under the Clean Air Act, DNR may require animal feeding operations to meet air quality standards and take certain actions to control air emissions. To the extent that the DATCP rule addresses air quality, it will likely focus on odor and dust management rather than air pollutants that are the subject of Clean Air Act regulations. The DATCP rule may indirectly affect the emission of air pollutants that are subject to Clean Air Act regulation.
Under the Clean Water Act, DNR may regulate all animal feeding operations with 1,000 or more “animal units" by permit, as pollution “point sources." DNR may regulate animal feeding operations with fewer than 1,000 “animal units" in certain situations. The DATCP livestock siting rule will not conflict with Clean Water Act regulations related to operations regulated by DNR.
Federal programs such as the Environmental Quality Incentives Program (EQIP), Conservation Reserve Program (CRP) and Conservation Reserve Enhancement Program (CREP) may provide cost-sharing for livestock producers to meet standards developed under the proposed rule.
Statutory authority
The department proposes to adopt this rule under authority of ss.
93.07 (1) and
93.90 (2), Stats.
Staff time required
DATCP estimates that it will use approximately 3.0 FTE staff to develop and adopt this rule over a projected time period of 18 months. This includes planning and other preliminary activities, coordinating advisory committee meetings, presentation to advisory committee, preparing rule drafts and related documents, holding public hearings, making DATCP Board and legislative presentations, and communicating with affected persons and groups. DATCP will use existing staff to develop this rule. The estimated staff time reflects the complex and sensitive nature of the rule, and its effect on local authority and operations.
Commerce
Subject
Abrasive cleaning of historic buildings.
Objective of the rule. The objective of the rule is to create requirements for the use of abrasive cleaning methods on the exterior of qualified historic buildings. The Department in consultation with the State Historical Society will establish rules for when the abrasive cleaning methods may be used on qualified historic buildings.
Policy analysis
Currently, the Department has no rules for the use of abrasive cleaners on the exterior of qualified historic buildings. In accordance with s.
101.1215, Stats., the Department is required to develop requirements for the use of abrasive cleaners on the exterior of qualified historic buildings, including both commercial buildings and one-and two-family dwellings.
The alternative of not developing rules may result in the risk that qualified historic buildings may be adversely affected by improper cleaning of the exterior surfaces.
Statutory authority
Staff time required
The Department estimates that it will take approximately 100 hours to develop these rules. This time includes meeting with an advisory council, researching and drafting the rule, and processing the rules from public hearing to adoption. The Department will assign existing staff to develop the rule. There are no other resources necessary to develop the rule.
Comparison to federal regulations
An Internet-based search for “abrasive cleaning of exterior surfaces of historic buildings" in the Code of Federal Regulations identified the following existing federal regulations that address abrasive cleaning of historic buildings:
1. 36CFR67–Historic Preservation Certifications Pursuant to Sec. 48(g) and Sec. 170(h) of the Internal Revenue Code of 1986
2. 36CFR68–The Secretary of the Interior Standards for the Treatment of Historic Properties.
3. 36CFR800–Protection of Historic Properties
Under these existing federal regulations, chemical or physical treatments may be used on historic properties for preservation, rehabilitation, or restoration; however, the treatments used must be the gentlest means possible. Treatments that cause damage to historic materials are not to be used. The rules to be developed by the Department of Commerce, in conjunction with the State Historical Society, are not expected to supercede those federal requirements, so no comparison has been made to those requirements.
An Internet-based search for “abrasive cleaning of exterior surfaces of historic buildings" of the 2003 and 2004 issues of the Federal Register did not identify any proposed federal regulations that address abrasive cleaning of exterior surfaces of historic buildings.
Commerce
Subject
Chapters
Comm 61 to
65 and
14, the
Wisconsin Commercial Building Code and
Fire Prevention Code.
Objective of the rule. To update various design and construction related requirements of the Wisconsin Commercial Building Code and any corresponding criteria in the Fire Prevention Code, so that these codes remain consistent with dynamic, contemporary regional and national construction practices and standards relating to public buildings and places of employment.
Policy analysis
The Wisconsin Commercial Building Code – chapters Comm 61 to 65 – and the Fire Prevention Code – chapter Comm 14 – contain standards for the design, construction, operation, maintenance, and inspection of public buildings and places of employment. These chapters, which were developed in 2001 and became effective on July 1, 2002, replaced previous requirements for such facilities with model-code requirements that are substantially in use elsewhere in this country. Those model-code requirements of the International Code Council® and the National Fire Protection Association were initially published in 2000, and were then substantially updated and republished in 2003.
The primary purpose of the Wisconsin Commercial Building Code and of the Fire Prevention Code is to protect public health, safety, and welfare. Periodic review and update of the Codes is necessary to ensure that the Codes still achieve that purpose. In addition, the review and update allows the opportunity to recognize new construction products and practices. The review and update process is expected to span two years during which the 2003 and 2006 editions of model codes will be considered. This update activity may include minor modifications to other Comm codes, in order to update any references in those codes to the corresponding changes to chapters Comm 61 to 65 and 14.
The primary alternative would be to delay the rule-review process. This delay would reduce the public benefits that would otherwise occur by beginning this review now.
Statutory authority
Staff time required
The Department estimates approximately 1500 hours will be needed to perform the review and develop any needed rule changes. This time includes drafting the changes – in consultation with the Commercial Building Code Council and the Multifamily Dwelling Code Council – and processing the changes through public hearings, legislative review, and adoption. The Department will assign existing staff to perform the review and develop the rule changes, and no other resources will be needed.
Comparison to federal regulations
General Building Code
Code of Federal Regulations
An Internet-based search for “federal commercial building code" and “building code regulations" in the Code of Federal Regulations did not identify any existing federal regulations that address these topics.
Federal Register
An Internet-based search for “federal commercial building code" and “building code regulations" in the 2003 and 2004 issues of the Federal Register did not identify any proposed federal regulations that address these topics.
Energy Conservation Requirements
Code of Federal Regulations
The portion of the
Code of Federal Regulations relating to energy conservation for commercial buildings and facilities is found under
10 CFR 420–State Energy Program. The purpose of this regulation is to promote the conservation of energy, to reduce the rate of growth of energy demand, and to reduce dependence on imported oil–through the development and implementation of comprehensive state energy programs. This regulation requires that each state's energy conservation rules for new buildings be no less stringent than the provisions of the 1989 edition of Standard 90.1–
Energy Standard for Buildings Except Low-Rise Residential Buildings from the American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE). Each state is required to certify to the Secretary of Energy that it has reviewed and updated the provisions of its commercial code to the specified standard. In Wisconsin, chapter Comm 63–Energy Conservation, establishes the minimum energy conservation requirements for commercial buildings by adopting the 2000 edition of the
International Energy Conservation Code® (IECC) and by including amendments that provide for greater energy savings than specified under the 1989 edition of the ASHRAE 90.1 standard. The Department of Commerce has filed information of compliance with the Department of Energy.
Federal Register
As indicated in the July 15, 2002, Federal Register, the Secretary of the Interior amended the federal energy conservation regulations in 2002 by mandating compliance with the 1999 edition of the ASHRAE 90.1 standard. The Department plans to update the current energy conservation requirements to be consistent with the 1999 edition of the ASHRAE 90.1 standard, and will send either a certification of compliance or a request for an extension to the Department of Energy by July 15, 2004.
Accessibility Requirements
Code of Federal Regulations
The portions of the Code of Federal Regulations relating to accessibility in commercial buildings and facilities include the following:
1.
28 CFR 35–Nondiscrimination on the Basis of Disability in State and Local Government Services
2.
28 CFR 36–Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities
3.
24 CFR 1–Final Fair Housing Accessibility Guidelines
The purpose of
28 CFR 35 and
28 CFR 36 is to require public buildings and commercial facilities, including government–owned and –operated buildings and facilities, to be designed, constructed, and altered in compliance with the accessibility construction regulations specified under the federal Americans with Disabilities Act Accessibility Guidelines (ADAAG). The purpose of
24 CFR 1 is to provide technical guidance on the design and construction of dwelling units as required by the federal Fair Housing Amendments Act of 1988. In Wisconsin, the accessibility requirements for the design and construction of public buildings and places of employment, including government–owned and –operated facilities and dwelling units are found under chapter Comm 62 and the 2000 edition of the
International Building Code® (IBC) as adopted by reference under section
Comm 61.05. The intent of the IBC and the amendments included under chapter Comm 62 is to ensure the Wisconsin construction requirements related to accessibility are substantially equivalent to these applicable federal laws and regulations.
Federal Register
New proposed federal regulations and amendments to established federal regulations for accessibility are found in the following Federal Registers:
The International Code Council® (ICC) is actively monitoring the proposed changes to the federal standards affecting accessibility and will include these changes in the revised and updated 2006 edition of the IBC and the ICC/ANSI A117.1–Accessible and Usable Buildings and Facilities Standard. The Department will need to revise and update chapter Comm 62 and adopt by reference the latest edition of the IBC and the ICC/ANSI A117.1 standard to be consistent with the changes proposed in these federal regulations relating to accessibility.
