NOTICE IS HEREBY GIVEN that under 2005 Wisconsin Act 141, the Department of Administration proposes to repeal Chapter Adm 44 of the Wisconsin Administrative Code relating to energy conservation and efficiency and renewable resource programs. Because the repeal of Ch. Adm 44 is in conformity with 2005 Wisconsin Act 141, the Department, under s. 227.16 (2) (b), will not hold a public hearing concerning this matter.
Analysis Prepared by the Department of Administration
Plain language analysis
2005 Wisconsin Act 141 amended s. 16.957, Stats., to exclude energy conservation and efficiency and renewable resource programs from Department duties effective July 1, 2007. The proposed elimination of Chapter Adm 44 complies with 2005 Wisconsin Act 141 that transferred all the responsibilities governed by the rule to the Public Service Commission effective July 1, 2007. Separately, the Public Service Commission has developed a rule to fulfill its new responsibilities. The proposed rule repeal brings an existing rule into conformity with a statute that has been changed to no longer require the Department's involvement in the energy conservation and efficiency and renewal resource programs. Therefore, pursuant to s. 227.16(2)(b), Stats., the Department will not hold public hearings regarding this rule.
Comparison with federal regulations
No known existing or proposed federal regulations comparable to the proposed rules.
Comparison with rules in adjacent states
Each of the four states adjacent to Wisconsin operates energy efficiency and renewable energy programs, albeit with substantial variation in strategies and methods.
  The Minnesota Department of Commerce operates the “conservation improvement program" under Minnesota Rule, Chapter 7690. This rule specifies the “procedures to be followed by public utilities in submitting, and by the department [of Commerce] in analyzing and selecting, proposals for conservation improvement programs and to provide for the participation of other interested persons in developing conservation improvement programs." Minnesota Rule, Chapter 7635 establishes the requirements for “Major regulated utilities to offer their residential utility customers services related to the promotion of energy conservation." This is similar to the Wisconsin system, effective July 2007, that requires utilities to develop and deliver energy efficiency and renewable energy programs subject to oversight by a state agency.
  The Iowa Utilities Board, under the Iowa Department of Commerce, oversees energy efficiency and renewable programs under several administrative rules. The Iowa Administrative Code (IAC) [199] Chapter 28 – Iowa Supplemental Energy Conservation Plan covers a voluntary plan for the “small- to medium-sized energy suppliers." IAC [199] Chapter 35 provides implementation governance for gas and electric utilities required by statute to be rate-regulated and to provide the (Iowa Utilities) board the necessary information to review each utilities assessment of potential, to develop specific capacity and energy savings performance standards for each utility and to evaluate the appropriateness of each utility's energy efficiency plan. IAC [199] Chapter 36 requires that “Each non-rate regulated gas and electric utility shall file energy efficiency plans" Lastly, IAC [565] Chapter 18 establishes the State Energy Program under the Environmental Services Division of the Department of Natural Resources.
  The Michigan Low Income and Energy Efficiency Fund is overseen by the Michigan Public Service Commission in the Department of Labor and Economic Growth, generally through Commission orders. Funding is through the utility rate base. Michigan Rule 460.2401 – 2414 provides standards to be followed by public utilities that choose to deliver residential conservation programs. Unlike Wisconsin, Michigan does not mandate that the state's utilities provide energy efficiency programs.
  The Illinois Department of Commerce and Economic Development operates energy efficiency and renewable energy programs in that state. There are no rules governing the efficiency programs. Illinois Admin. Code Title 86 Revenue, Part 517 provides rules by which the Department of Revenue collects a Renewable Energy Resources and Coal Technology Development Assistance Charge. Half of this charge is used to fund a Renewable Energy Resources Trust Fund administered by the Department of Commerce and Economic Opportunity. Illinois Administrative Code Title 32, Energy, Chapter 1, Part 130 covers the Illinois Renewable Fuels Development Program.
Agency Contact Person
Donna Sorenson
Department of Administration
101 E. Wilson Street
Madison, WI 53707-7864
Submission of Written Comments
Comments may be submitted to the agency contact person listed above and via the Wisconsin Administrative Rules Website at by January 15, 2008.
Initial Regulatory Flexibility Analysis
Pursuant to s. 227.114, Stats., the repeal of this rule is not expected to negatively impact on small businesses. A similar set of energy conservation and efficiency and renewable resource programs will be maintained by non-municipal electric utilities with oversight by the Public Service Commission, with no break in service to customers or small businesses.
Fiscal Effect
Text of Rule
SECTION 1. Chapter Adm 44 is repealed.
Notice of Hearings
Agriculture, Trade and Consumer Protection
The State of Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) announces that it will hold public hearings on a proposed amendment to chapters ATCP 10, 12, and 17, Wis. Adm. Code, relating to animal health and disease control.
Hearing Information
Monday, January 7, 2008
6:00 p.m. to 7:00 p.m.
Fox Valley Technical College
1825 N. Bluemound Drive, Room C140
Appleton, WI 54912
Tuesday, January 8, 2008
6:00 p.m. to 7:00 p.m.
Dept. of Agriculture, Trade and Consumer Protection
2811 Agriculture Drive
1st Floor - Rm. 106 (Boardroom)
Madison, Wisconsin 53718
Thursday January 10, 2008
6:00 p.m. to 7:00 p.m.
Dept. of Natural Resources West Central Region Headquarters
1300 W. Clairemont Avenue – Room 158
Eau Claire, WI 54701
Hearing impaired persons may request an interpreter for these hearings. Please make reservations for a hearing interpreter by December 19, 2007, by writing to Melissa Mace, Division of Animal Health, P.O. Box 8911, Madison, WI 53708-8911, telephone (608) 224-4883. Alternatively, you may contact the DATCP TDD at (608) 224-5058. Handicap access is available at the hearings.
Written Comments
DATCP invites the public to attend the hearings and comment on the proposed rule. Following the public hearings, the hearing record will remain open until Friday, January 25 for additional written comments. Comments may be sent to the Division of Animal Health at the address below, by email to or online at:
To provide comments or concerns relating to small business, please contact DATCP's small business regulatory coordinator Keeley Moll at the address above, by emailing to or by telephone at (608) 224-5039.
Copy of Rule
You may obtain a free copy of this rule by contacting the Wisconsin Department of Agriculture, Trade and Consumer Protection, Division of Animal Health, 2811 Agriculture Drive, P.O. Box 8911, Madison, WI 53708. You can also obtain a copy by calling (608) 224-4883 or emailing Copies will also be available at the hearings. To view the proposed rule online, go to:
Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection
This rule modifies Wisconsin animal health and disease control rules. Among other things, this rule:
  Establishes new rules related to viral hemorrhagic septicemia (VHS) in fish, and simplifies registration of fish farms. DATCP has adopted temporary emergency VHS rules, which this rule would make “permanent."
  Modifies current rules related to farm-raised deer, including rules related to herd registration, disease control, imports, movement and condemnation. Changes are consistent with proposed federal rules.
  Modifies current rules related to cattle, including rules related to voluntary Johne's disease testing and classification, tuberculosis import testing, and imports of cattle originating from Mexico.
  Modifies current rules related to poultry imports and enrollment in the national poultry improvement program.
  Modifies current rules related to animal markets, dealers and truckers.
  Modifies current rules related to Wisconsin's livestock premises registration program. This rule makes it easier to register, and extends the current annual registration period to 3 years.
  Clarifies current disease indemnity appraisal procedures.
  Makes minor drafting changes to update, clarify and correct current rules.
Statutory Authority
Statutes interpreted
Explanation of agency authority
DATCP has broad general authority to adopt rules interpreting statutes under its jurisdiction (see s. 93.07(1), Stats.). DATCP is specifically authorized to adopt rules to protect the health of animals in this state, and to prevent, control and eradicate communicable diseases among animals.
Rule contents
The Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) administers Wisconsin's animal health and disease control program. This rule modifies current DATCP rules under chs. ATCP 10 (animal diseases and movement), ATCP 12 (animal markets, dealers and truckers) and ATCP 17 (livestock premises registration).
Fish Farm Registration
This rule allows a fish farm operator to register 2 or more fish farms under a single annual registration certificate (under current rules, a separate registration certificate is required for each fish farm). A single registration certificate may cover both type 1 and type 2 fish farms. The registration certificate must identify each fish farm location, and must indicate whether that location is registered as a type 1 or type 2 fish farm. As under current rules, the operator must pay annual fees based on the number and types of fish farms registered (this rule does not change current fees).
This rule clarifies that fish may be moved between type 2 fish farms registered to the same operator, or from a type 2 to a type 1 fish farm registered by the same operator, without a fish health certificate. Under this rule, as under current rules, the fish farm operator must keep complete records of the fish movement.
VHS Test Reports
Under this rule, a veterinarian who tests fish in this state for viral hemorrhagic septicemia (VHS) must report the test result to DATCP, regardless of whether the test result is positive or negative.
VHS Testing Requirements
Current DATCP rules require health certificates for all of the following:
  Fish and fish eggs (including bait) imported into the state.
  Fish and fish eggs stocked into Wisconsin public waters.
  Fish and fish eggs moved between Wisconsin fish farms.
Under current rules, import health certificates must include VHS testing if the import shipment includes salmonids (salmon, trout, etc.) or originates from a state or province where VHS is known to occur. VHS testing is not currently required for any of the following:
  Fish or fish eggs stocked into Wisconsin public waters from Wisconsin sources.
  Bait fish or fish eggs originating from Wisconsin sources.
  Fish or fish eggs moved between Wisconsin fish farms.
  Non-salmonids imported from states (such as Minnesota) where VHS has not yet been found.
Links to Admin. Code and Statutes in this Register are to current versions, which may not be the version that was referred to in the original published document.