Scope statements
Agriculture, Trade and Consumer Protection
Subject
Rules affect ch.
ATCP 70, relating to food processing plants.
Objective of the rule. This rule will update current food processing plant rules under ch.
ATCP 70. This rule will include food safety enhancements, and adapt current rules to recent changes in food processing technology and practices. This rule will
not change current license fees for food processing plants.
Policy Analysis
Wisconsin's current food processing rules are outdated in various respects, based on changes in food science, technology and processing practices. This rule will update current rules to accommodate food safety advances, and changes in the food processing industry. Rules may include standards for the construction and maintenance of facilities; the design, installation, cleaning and maintenance of equipment and utensils; personnel sanitation; food handling and storage; sanitary production and processing; and food sources and food labeling.
Policy Alternatives
DATCP is responsible for regulating food processing plants to ensure a safe and wholesome food supply. Regulation must keep pace with changing food science, and with changing technology and food processing practices. DATCP will consult with the food processing industry in the development of this rule.
If DATCP does nothing, current rules will remain in effect. Current rules are outdated in a number of respects, and will become increasingly outdated in relation to actual food safety, production, processing, and packaging practices currently used by Wisconsin food processing plants.
Statutory authority
Staff time required
DATCP estimates that it will use approximately 0.5 FTE staff to develop this rule. This includes time required for analysis, rule drafting, preparing related documents, holding public hearings and communicating with affected persons and groups. DATCP will use existing staff to develop this rule.
Entities affected by the rule
Licensed Wisconsin food processing plants will be affected.
Comparison with federal regulations
The United States Food and Drug Administration (FDA) administers federal food safety laws. However, most regulation and inspection of food processing plants occurs at the state level. Current federal law does not preempt state law. DATCP works cooperatively with FDA, and designs state regulation to be reasonably consistent with federal law.
Agriculture, Trade and Consumer Protection
Subject
Rules affect ch.
ATCP 106, relating to price gouging during an emergency.
Objective of the rule. Adopt rules to implement newly enacted “price gouging" legislation, as mandated by the Legislature in
2005 Wis. Act 450.
Policy Analysis
Section
100.305, Stats., created by
2005 Wisconsin Act 450, prohibits a sellers from selling “consumer goods or services" at wholesale or retail at “unreasonably excessive prices" if the Governor, by executive order, has certified that the state or a part of the state is in a “period of abnormal economic disruption" due to an emergency. An emergency may include, for example, a destructive act of nature, a disruption of energy supplies that poses a serious risk to the public health or welfare, a hostile action, or a strike or civil disorder.
The Department of Agriculture, Trade and Consumer Protection (“DATCP") must adopt rules to implement the “price gouging" legislation. DATCP is specifically required to adopt rules to determine when prices are considered “unreasonably excessive."
Policy Alternatives
The Legislature has directed DATCP to adopt rules. DATCP has no alternative, but to do so. DATCP has not yet determined the content of the rules.
Statutory authority
Staff time required
DATCP estimates that it will use approximately 1.0 FTE staff time to develop this rule. This includes research, drafting, preparing related documents, holding public hearings, coordinating advisory council discussions and communicating with affected persons and groups. DATCP will assign existing staff to develop this rule.
Entities affected by the rule
Depending on the scope of a declared emergency, this rule could conceivably affect nearly every wholesaler and retailer of consumer goods in the state. A declared emergency may be statewide or localized in scope, and may broad-based or confined to certain economic sectors. The impact of this rule will vary accordingly.
Whenever it applies in an emergency, this rule will limit the prices that may be charged by affected wholesalers and retailers. This rule will prohibit prices that are “unreasonably excessive," as determined by this rule. DATCP has not yet determined what rule criteria will be used to identify prices that are “unreasonably excessive," but DATCP does not anticipate that this rule will prevent sellers from maintaining their normal markup on consumer goods and services.
The rule may benefit consumers by preventing egregious price gouging during periods of abnormal economic disruption caused by an emergency. DATCP will attempt to develop rules that prevent egregious price gouging without aggravating market disruption.
Comparison with federal regulations
There are no federal “price gouging" prohibitions currently in effect. However, there are federal laws that set or limit prices for certain products or services in certain sectors. Some of these laws may preempt state “price gouging" provisions related to the federally-regulated products or services. For example, state law may not regulate interest rates charged by federally chartered banks, or certain prices charged by certain federally regulated common carriers. The scope and effect of federal regulation varies by industry sector, and is highly specific to individual federal programs.
Commerce
Subject
The rules affect chs.
Comm 2,
5,
18,
20,
21,
61 and
62, relating to conveyance systems.
Objective of the rule. The objectives of this rule project, to be incorporated into one or more rule packages, are to implement the mandates of
2005 Wisconsin Act 456 which increases the Department's regulatory oversight with respect to the installation, maintenance, inspection and testing of conveyance systems, such as elevators, escalators and platform lifts.
Policy Analysis
Existing policies. The Department currently administers and enforces minimum standards for the design, installation and maintenance of conveyance systems such as elevators, escalators and lifts, in public buildings and places of employment under chapter Comm 18, Elevators, Escalators and Lift Devices. This code adopts and references the 2000 edition of the ASME A17.1, Safety Code for Elevators and Escalators, and the 2001 edition of the ASME A18.1a, Safety Standard for Platform Lifts and Stairway Chairlifts. Under the code, the Department utilizes a number of compliance strategies, including the review of plans for the installation of new elevators and escalators, acceptance inspection of new conveyance systems, periodic inspection of existing conveyance systems and the issuance of permits to operate.
New policies. The rule project will reflect the new statutory mandates to:
• Establish a licensing program for elevator contractors and mechanics.
• Requiring that a person engaged in the business of constructing, installing, altering, servicing or maintaining conveyances must be licensed.
• Requiring that a person erecting, constructing, altering, replacing, maintaining, repairing, removing or dismantling must be licensed or under the supervision of a licensed individual.
• Expand the operating permit program to include elevators and lifts within individual residences.
• Expand the plan review and inspection program to include elevators and lifts with individual residences.
• Establish that the department standards for the design, installation and maintenance of conveyance systems are uniform with respect to application.
• Incorporate and reference the latest national standards for the design, installation and maintenance of conveyance systems, including standards for residential conveyance systems.
Statutory authority
Staff time required
The department estimates that it will take approximately 700 hours to develop this rule. The time includes reviewing the current codes and related national standards, working with the statutory advisory council, then drafting the rules and processing the rules through public hearings, legislative review and adoption. The department will assign existing staff to perform the review and develop the rule changes. There are no other resources necessary to develop the rule.
Entities affected by the rule
The rule will affect any entity that is involved in the design, installation, alteration and maintenance of conveyance systems, elevators, escalators and lifts. The rule will also affect owners of buildings with new and existing conveyance systems, elevators, escalators and lifts.
Comparison with federal regulations
An internet-based search of the Code of Federal Regulations (CFR) did not find any federal regulations relating to the activities to be regulated under the rule.
Natural Resources
Subject
Chapter
NR 25: Commercial fishing - outlying waters.
Policy Analysis
Objective of the rule. If the yellow perch recovery continues in Green Bay or Lake Michigan, we can expect to be pressured to increase commercial quotas in Green Bay or to re-open commercial fishing for yellow perch in Lake Michigan. Changes in yellow perch commercial harvest limits are typically controversial, with sport and commercial fishers often holding very different views of what should be done. The intent of this rule-making is to implement a system that would have harvest limits rise and fall as functions of objective measures of fish abundance, so that as yellow perch recovery continues adjustments to harvest limits will occur automatically. If abundance falls again at some time in the future, the commercial harvests would automatically be reduced. Sport and commercial fishers on Green Bay and Lake Michigan would be interested in this issue. It could be somewhat controversial.
Statutory authority
Staff time required
One month FTE (combined effort by the Great Lakes Fisheries Specialist, a staff attorney, several field biologists, and wardens).
Entities affected by the rule
The interests of both commercial and sport fishers will be affected. In the past this issue has been controversial at times.
Comparison with federal regulations
None.
Public Service Commission
Subject
Objective of the rule. This rulemaking will consider whether it may be appropriate to revise the rule regarding the standards and processes under which the Commission authorizes changes in retail rates required by changes in fuel costs electric public utilities incur to supply electricity to customers.
Policy Analysis
The Commission determines the amount Wisconsin electric public utilities may charge customers in periodic rate case proceedings. These proceedings include finding reasonable forecasts of the utility's sales, demand, revenues, and expenses for a representative test year when the new rates will be in effect. For most costs predicted for a test year, no significant difference exists between the forecasted and actual realized amounts. However, the volatile nature of the cost of fuel for generation often causes significant increases or decreases in the forecasted cost of fuel. These shifts in the cost of fuel may cause utility rates to become unjust and unreasonable, requiring a rate change. As early as the 1920s states allowed “escalator clauses," an automatic rate adjustment mechanism contained in a utility's tariff that allows for changes in rates based on a pre-approved formula triggered by a change in the cost of a specific input, like the cost of coal to fuel electric generation. More than 25 years ago the Wisconsin Legislature enacted Wis. Stats. s.
196.20 (4) prohibiting use of automatic adjustment clauses by large investor-owned electric public utilities. Instead, the statute authorized the Commission to approve, after a hearing, a rate increase for these utilities to allow for the recovery of costs caused by an emergency or extraordinary increase in the cost of fuel.
Wis. Admin. Code ch.
PSC 116 implements Wis. Stats. s.
196.20 (4) under which the Commission may approve an increase or decrease in the rates of an electric public utility, as a result of an extraordinary or emergency change in the cost of fuel. The current rule reflects an update in 2002. Since 2002, events such as the implementation of Midwest Independent Transmission System Operator–Day 2 Market, increased demand on some fuels, increased transportation costs of some fuels, and the effects of hurricanes on the availability of some fuels, have increased the volatility of fuel costs.
This rule change will allow the department to issue turkey tags remaining after the initial drawing in accordance with state statute, which is first-come, first-served. Additionally, this rule updates code language to accurately describe how permits are currently issued (by zone and by time period) and establishes that no person may obtain more than one turkey carcass tag per day.
Comparison with federal regulations
The Commission is unaware of any federal regulation in this area.
Statutory authority
Staff time required
The Commission estimates that approximately 500 hours of Commission staff time will be required in this rulemaking.
Other resources necessary to develop rule
Commission staff may meet and consult with utility representatives, customers and their representatives and members of the general public during the course of this rulemaking.
Entities affected by the rule
The rulemaking will affect electric public utilities as defined by Wis. Stats. s.
196.20 (4) (a) 2., and their customers.
