Scope statements
Commerce
Subject
Objective of the rule. To establish and specify stop work and stop use (red tag) enforcement procedures in the administrative code for programs regulated by the Division of Safety and Buildings within the Department of Commerce. The purpose of these procedures is to establish another tool to obtain code compliance.
Policy analysis
There are currently no existing policies or administrative rules relating to stop work and stop use (red tag) enforcement procedures for the Division of Safety and Buildings. This rule project will propose new policies relating to Department stop work/stop use orders, and it will analyze policy alternatives relating to Department orders to stop all work at a given construction site, to stop work only on a specific system or installation, and to stop use of a certain device or equipment.
The alternative of not developing the rules would result in the continued inability of the Division of Safety and Buildings to gain compliance when inspections discover conditions that are dangerous to life or health.
Statutory authority
Staff time required
The Department estimates that it will take approximately 100 hours to develop this rule. This time includes drafting the rule and processing the rule through public hearings and legislative review. The Department will assign existing staff to develop the rule. There are no other resources necessary to develop the rule.
Commerce
Subject
Objective of the rule. The purpose of this rule is to comply with directives in section
101.143 (2) (h) and
(i), Stats., to jointly promulgate, with the Department of Natural Resources, certain requirements that (1) are designed to facilitate effective and cost-efficient administration of the Petroleum Environmental Cleanup Fund Award (PECFA) program, as established under sections
101.143 and
101.144, Stats.; and (2) specify procedures for annual reviews of remedial action plans, and procedures to be used by employees of the Department of Commerce and the Department of Natural Resources while those remedial actions are being conducted.
Policy analysis
The Department of Commerce administers the PECFA program by reimbursing property owners for eligible costs associated with cleaning up a discharge of petroleum product from a storage system or home oil tank system. The Department also oversees remediation of petroleum product discharges at medium- and low-risk cleanup sites.
As directed under s.
101.143 (2) (h) and
(i), Stats., the proposed rules would (1) require submittal of quarterly summaries of costs incurred with respect to a discharge for which a claim is intended to be submitted but for which a final claim has not been submitted, (2) specify formats for submitting the quarterly summaries, (3) specify the review procedures that must be followed by employees of the Department of Natural Resources and the Department of Commerce in reviewing the quarterly summaries, and (4) specify procedures for annual reviews that include application of the risk-screening criteria in s.
Comm 46.06 to determine the risk posed by discharges that are the subject of the remedial actions.
The only alternative to promulgating these rules would be to remain in noncompliance with the corresponding directives in s.101.143 (2) (h) and (i), Stats.
Statutory authority
Staff time required
The Department estimates approximately 200 hours will be needed to develop the rules. This time includes drafting the changes and processing them through public hearings, legislative review, and adoption. The Department will assign existing staff to develop the rules, and no other additional resources will be needed.
Justice
Subject
Enforcement of tobacco model statute.
Policy analysis
2003 Wisconsin Act 73 gave the Department of Justice a number of new powers to enforce the tobacco model statute, s.
895.10, Stats. Tobacco product manufacturers must file detailed certifications concerning the products they make, and the Attorney General must maintain a directory of the manufacturers who have current and accurate certifications and who are otherwise compliant with Wisconsin's tobacco model statute. The act also allows the Attorney General to require certifications and escrow payments quarterly. Promulgation of the rule will set forth the standards for implementing these new powers and duties.
Statutory authority
Staff time required
30 hours.
