Expiration Date:
January 27, 2008
Hearing Date:
October 19, 2007
3. Rules adopted affecting
chs. NR 19 and 20, relating to control of fish diseases and invasive species.
Finding of Emergency
The Department of Natural Resources finds that an emergency exists and rules are necessary for the immediate preservation of the public peace, health, safety or welfare. A statement of facts constituting the emergency is:
The World Health Organization for Animal Health (OIE) lists Viral Hemorrhagic Septicemia (VHS) as a "notifiable" disease, meaning that outbreaks must be reported immediately. On May 11, the Department received notice that freshwater drum collected from Little Lake Butte des Morts (part of the Lake Winnebago system) were infected with the VHS virus. On May 23, May 24, and June 1, respectively, the Department learned that brown trout from Lake Michigan, smallmouth bass from Sturgeon Bay, and lake whitefish from Lake Michigan had tested positive for the virus.
Earlier, VHS had been discovered in the Great Lakes, and was known to be moving from the lower lakes (Ontario and Erie), where it has already caused large-scale fish kills, via Huron, where it has been present since 2005, to the upper lakes (Michigan and Superior). Lake Michigan is connected to the Mississippi River by the Chicago Sanitary and Ship Canal and Illinois River, allowing fish and fish diseases to reach the Mississippi drainage basin. Information obtained pursuant to an emergency rule that took effect May 17 revealed that 88 bait dealers harvest live wild minnows from a large number of state waters, including waters that are near or connected to the Mississippi river, the Lake Winnebago system, Green Bay and Lakes Michigan and Superior.
Twenty-seven species of Wisconsin fish have been identified as susceptible by the OIE or USDA APHIS, including most of our most important recreational and commercial species. It is expected the USDA APHIS will soon expand its emergency order limiting the interstate transportation of these species to apply to all fish species. The VHS virus can be transported from infected areas to areas where it is not yet present via live fish, fish eggs, refrigerated or frozen dead fish, or water where infected fish have been present. The presence of VHS virus in Wisconsin is therefore a threat to the public health or safety or to the environment.
Publication Date:
November 2, 2007
Effective Date:
November 2, 2007
Expiration Date:
March 31, 2008
Natural Resources (2)
(Environmental Protection - Water Regulation, Chs.
NR 300-)
1.
Rules adopted revising
ch. NR 345, relating to general permits for dredging in Great Lakes navigable waterways.
Finding of Emergency
The emergency rule procedure, pursuant to s.
227.24, Stats., is necessary and justified in establishing rules to protect the public health, safety and welfare. The Wisconsin Legislature enacted
2003 Wisconsin Act 118 to streamline the regulatory process for activities in public trust waters. The state has an affirmative duty to administer the law in a manner consistent with the public trust responsibilities of the State of Wisconsin under Article IX, Section I of the Wisconsin Constitution.
Act 118 identifies certain activities that may be undertaken under a general permit. There are no statutory general permits for dredging, including operation of a motor vehicle, on the beds of the Great Lakes to remove algae, mussels, dead fish and similar large plant and animal nuisance deposits. Without emergency rules to create general permits, all dredging, including operation of a motor vehicle, on the beds of the Great Lakes to remove plant and animal nuisance deposits require an individual permit with an automatic 30-day public notice. The required 30-day comment period will unnecessarily delay projects that otherwise could go ahead with prescribed conditions established in a general permit. To carry out the intention of Act 118 to speed decision-making but not diminish the public trust in state waters, these emergency rules are required to establish general permits to be in effect for the 2007 summer season, with specific standards for operation of a motor vehicle, on the beds of the Great Lakes to remove plant and animal nuisance deposits.
Publication Date:
June 10, 2007
Effective Date:
June 10, 2007
Expiration Date:
November 7, 2007
Hearing Date:
July 10, 2007
Extension Through:
January 5, 2008
2.
Rules adopted revising
chs. NR 320, 323, 328, 329, 341, 343 and 345, relating to general permit criteria requiring decontamination of equipment for invasive species and viruses.
Finding of Emergency
The emergency rule procedure, pursuant to s.
227.24, Stats., is necessary and justified in establishing rules to protect the public health, safety and welfare. The Wisconsin Legislature enacted
2003 Wisconsin Act 118 to streamline the regulatory process for activities in public trust waters. The state has an affirmative duty to administer the law in a manner consistent with the public trust responsibilities of the State of Wisconsin under Article IX, Section I of the Wisconsin Constitution.
Act 118 identifies certain activities that may be undertaken under a general permit. There are no statutory general permits standards that require decontamination of equipment for invasive species and viruses. Without emergency rules to create new general permit standards, any condition imposed would be limited to individual permits only with an automatic 30-day public notice. The required 30-day comment period will unnecessarily delay projects that otherwise could go ahead with prescribed conditions established in a general permit. To carry out the intention of Act 118 to speed decision-making but not diminish the public trust in state waters, these emergency rules are required to establish general permits standards to be in effect for the 2007 summer season, with specific standards that require decontamination of equipment for invasive species and viruses.
In addition, The Department of Natural Resources finds that an emergency exists and the foregoing rules are necessary for the immediate preservation of the public peace, health, safety or welfare. A statement of facts constituting the emergency is: The World Health Organization for Animal Health (OIE) lists viral hemorrhagic septicemia (VHS) as a “notifiable" disease, meaning that outbreaks must be reported immediately. VHS has been discovered in the Great Lakes, and is moving from the lower lakes (Ontario and Erie), where it has already caused large-scale fish kills, via Huron, where it has been present since 2005, to the upper lakes (Michigan and Superior). Lake Michigan is connected to the Mississippi River by the Chicago Sanitary and Ship Canal and Illinois River, allowing fish and fish diseases to reach the Mississippi drainage. Twenty-seven species of Wisconsin fish have been identified as susceptible by the OIE or USDA APHIS, including most of our most important recreational and commercial species. The VHS virus can be transported from affected areas to areas where it is not yet present via live fish, fish eggs, refrigerated or frozen dead fish, or water where infected fish have been present. The presence of VHS virus in the Great Lakes is therefore a threat to the public health or safety or to the environment.
Publication Date:
July 12, 2007
Effective Date:
July 12, 2007
Expiration Date:
December 9, 2007
Hearing Date:
August 13, 2007
Natural Resources
(Environmental Protection - Air Pollution Control, Chs.
NR 400-)
Rules adopted creating
s. NR 462.015, relating to national emission standards for hazardous air pollutants for industrial, commercial and institutional boilers and process heaters and potentially affecting small business.
Finding of Emergency
The emergency rule procedure, pursuant to s.
227.24, Stats., is necessary and justified in establishing rules to protect the public welfare. Preservation of the public welfare necessitates putting the rule into effect prior to the time that it would take if the department complied with the normal procedures. Federal regulations that are the basis for ch.
462, Wis. Adm. Code, were vacated on July 30, 2007 by the U.S. Court of Appeals. Both the vacated federal regulations and ch.
NR 462 contain a date for compliance of September 13, 2007. This order is designed to bring state rules into conformity with the court-ordered vacatur of the federal regulations. Normal rule-making procedures will not allow implementation of ch.
NR 462 to be stayed before September 13, 2007.
Publication Date:
September 13, 2007
Effective Date:
September 13, 2007
Expiration Date:
February 10, 2008
Hearing Date:
October 26, 2007
Regulation and Licensing
Exemption From Finding of Emergency
Section
9140 (1q) of
2005 Wisconsin Act 25 states in part: “Notwithstanding section
227.24 (1) (a),
(2) (b), and
(3) of the statutes, the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection".
2005 Wisconsin Act 25 created Subchapter VII of chapter 440, Stats., Substance Abuse Counselors, Clinical Supervisors, and Prevention Specialists. This Act transferred the certification and regulation of Alcohol and Other Drug Abuse (AODA) counselors from the Department of Health and Family Services to the Department of Regulation and Licensing, effective 2006. This proposed rule-making order creates rules relating to definitions, requirements for certification, supervised practice, scope of practice, education approval, and professional liability insurance for substance abuse professionals. Please refer to the “Summary of factual data and analytical methodologies" section and the section on “Analysis and supporting documentation used to determine effect on small business or in preparation of economic impact report."
Chapter
RL 160 is being created to include definitions of terms that are used in subch.
VII of ch. 440, Stats., and in chs.
RL 160 to
167. The proposed rules include definitions for “accredited," “assessment," “behavioral science field," “CEH," “clinical substance abuse counselor," “clinical supervision," “clinical supervisor," “clinical supervisor- in-training," “comprehensive program," “core functions," “credential," “department," “DSM," “hour," “independent clinical supervisor," “intermediate clinical supervisor," “patient," “practice dimensions," “prevention," “prevention domains," “prevention specialist," “prevention specialist- in-training," “substance," “substance abuse counselor," “substance abuse counselor-in-training," “substance use disorder" and “transdisciplinary foundations."
Chapter
RL 161 is being created to identify the requirements and procedures for submitting applications for licenses.
Chapter
RL 162 is being created to identify the restrictions and minimum requirements for supervision of counselors by clinical supervisors.
Chapter
163 is being created to identify the scope and restrictions on the practice of the credential holders.
Chapter
RL 166 is being created to identify the approval process and educational requirements for educational coursework and continuing education opportunities.
Chapter
RL 167 is being created to require credential holders to have liability insurance in effect.
Chapter
RL 168 is being created to identify the requirements for continuing education.
Publication Date:
September 8, 2007
Effective Date:
September 10, 2007
Expiration Date:
February 7, 2008
Revenue (2)
1.
Rules adopted amending
s. Tax 2.505, relating to the computation of the apportionment fraction by multistate professional sports clubs.
Finding of Emergency
The Department of Revenue finds that an emergency exists and that the rule order is necessary for the immediate preservation of the public peace, health, safety or welfare. A statement of the facts constituting the emergency is:
The emergency rule is to prescribe the method to be used for apportioning the apportionable income of interstate professional sports clubs.
It is necessary to promulgate this rule order to provide the method of apportionment to be used by interstate professional sports clubs.
Publication Date:
October 12, 2007
Effective Date:
October 12, 2007
Expiration Date:
March 10, 2008
2.
A rule was adopted revising
s. Tax 8.63, interpreting s.
125.54 (7), Stats., relating to liquor wholesale warehouse facilities.
Finding of Emergency
The Department of Revenue finds that an emergency exists and that a rule order is necessary for the immediate preservation of the public peace, health, safety or welfare. A statement of the facts constituting the emergency is:
The emergency rule is to change the amount of floor space that a liquor wholesaler warehouse facility described in a wholesalers' permit is required to be from 4,000 to 1,000 square feet of floor space. It also creates a provision that allows the minimum square footage requirement to be waived when it is determined that a waiver is fair and equitable.
It is necessary to promulgate this rule order to remove the threat of revenue loss to bona fide liquor wholesalers as a result of having applications for issuance or renewal of permits denied solely because they do not meet the square footage requirement in the existing rule.
This rule is therefore promulgated as an emergency rule and shall take effect upon publication in the official state newspaper. Certified copies of this rule have been filed with the Secretary of State and Revisor of Statutes, as provided in s.
227.24, Stats.
Publication Date:
October 29, 2007
Effective Date:
October 29, 2007
Expiration Date:
March 27, 2008
Workforce Development
(Family Support, Chs.
DWD 12 to
59)
Rules adopted revising
ch. DWD 56, relating to child care enrollment underutilization.
Finding of Emergency
The Department of Workforce Development finds that an emergency exists and a rule is necessary for the immediate preservation of the public peace, health, safety, or welfare. A statement of facts constituting the emergency is:
The child care subsidy budget is expected to have a substantial deficit by the end of state fiscal year 2006-07. While many factors will have an impact on the program's final fiscal balance, current spending patterns at current rates suggest that the program will exceed its 06-07 budget authorization by approximately $46 million. This rule will provide for more efficient use of the program's limited funding.
Publication Date:
April 1, 2007
Effective Date:
April 1, 2007
Expiration Date:
August 29, 2007
Hearing Date:
June 20, 2007
Extension Through:
October 27, 2007
