Relating to
Dairy industry promotion grants and loans.
Rule Type
Emergency.
Description of the Objective of the Rule
The Department of Agriculture, Trade and Consumer Protection (DATCP) proposes an emergency rule to establish criteria DATCP will use to make determinations for grants, loans or other forms of financial assistance to dairy producers to promote and develop the dairy industry for 2013 fiscal year funding. The emergency rule is necessitated by the addition of authority and general purpose revenue funding appropriated to the department as part of
2011 Wis. Act 32, the Biennial Budget.
Description of Existing Policies Relevant to the Rule and of New Policies Proposed to be Included in the Rule and an Analysis of Policy Alternatives; the History, Background and Justification for the Proposed Rule
History and background. 2011 Wis. Act 32, eliminated the Department of Commerce and transferred the bulk of its responsibilities to the Wisconsin Economic Development Corporation (WEDC). Responsibilities not transferred to the WEDC were transferred to other state agencies, including DATCP. Those responsibilities transferred to DATCP included dairy promotion and development activities that had operated under the program umbrella called Dairy 2020. The budget act includes language amending DATCP's authority and creating an appropriation (see underlined text).
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See PDF for table 
DATCP adopted an emergency rule on March 30, 2012 to enable it to expend the 2012 fiscal year funds designated by the Legislature for dairy producer grants and loans and at the same time started the process of adopting a permanent rule. The permanent rule received final approval from the DATCP Board at the Board's August, 2012, meeting and will be submitted to the Legislature for its review at the start of the next Legislature in January, 2013.
Nature of the Emergency
An emergency rule is necessary to ensure that funds are used to assist dairy producers during the 2013 fiscal year as permanent rules cannot be adopted in time to provide the basis for grant determinations throughout the 2013 fiscal year. The emergency rule is necessary for the welfare of those dairy producers who the Legislature has determined require assistance to maintain and expand their operations and for the welfare of the entire dairy industry.
Policy Alternatives
Do nothing. If DATCP fails to adopt rules that contain the basis for grant and loan determinations it will not be able to continue to expend the 2012 fiscal year funds and provide the assistance to dairy producers that the Legislature directed in
2011 Act 32, the biennial budget.
Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
93.07 (1), Stats., directs DATCP to make such regulations as are necessary for the discharge of all the powers and duties of the department. While granting the authority to make grants and loans to dairy producers, the budget language does not specify the bases for grant and loan determinations. The agency considers it necessary to adopt rules needed to establish the bases for grant and loan determinations in order to effectuate the purposes of ss.
20.114 (4) (d) and
93.40 (1) (g), Stats.
Estimate of the Amount of Time that State Employees Will Spend to Develop the Rule and of Other Resources Necessary to Develop the Rule
As the permanent version of this rule has been developed the emergency rule will not require more than a few hours of state employee time to complete the process.
Description of All Entities that May Be Impacted by the Rule
This rule will enable dairy producers to obtain financial assistance to expand, modernize, or improve the efficiency or profitability of their operations or who seek product, market or production process opportunities.
Summary and Preliminary Comparison of Any Existing or Proposed Federal Regulation that Is Intended to Address the Activities to be Regulated by the Rule
The United States Department of Agriculture's Rural Development Agency Value Added Producer Grant Program offers funding for activities that expand markets or add value to agricultural products.
Anticipated Economic Impact
The proposed rule will enable DATCP to provide financial assistance to dairy producers who wish to expand, modernize, or improve the efficiency or profitability of their operations or who seek product, market or production process opportunities. DATCP expects the proposed rule to have a positive economic impact upon the dairy industry and to have no negative economic impact statewide and locally.
Contact Person
Safety and Professional Services
The statement of scope was approved by the governor on November 8, 2012.
Rule No.
Relating to
Home inspector renewal date.
Rule Type
Permanent. (Revision)
Finding/Nature of Emergency (Emergency Rule Only)
N/A.
Detailed Description of the Objective of the Proposed Rule
The objective of this rule is to amend the renewal date in Wis. Admin. Code s.
SPS 132.05 (1).
Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
The sole purpose of this proposed rule is to alleviate an inconsistency regarding the renewal date for home inspectors. Currently, Wis. Admin. Code s.
SPS 132.05 (1) states the renewal date for home inspectors is January 1, of each odd-numbered year. Wis. Stats. s.
440.08 (2) (a) (38g) states that the renewal date is December 15 of each even-numbered year. The stature is controlling. Therefore, Wis. Admin Code s.
SPS 132.05 (1) should be changed to reflect the correct date. There are no new policies proposed by the rule.
Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
The department is empowered to promulgate rules interpreting the provision of any statue it enforces or administers pursuant to ss.
227.11 (2) (a) and
440.974 (1), Stats. The department administers s.
440.08 (2) (1), Stats., which establishes the fees and renewal dates for each profession it regulates. As a result, the department is authorized to promulgate the proposed rule.
Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
250.
List with Description of All Entities that May Be Affected by the Proposed Rule
Individuals that will be affected by the proposed rule include licensed home inspectors and applicants for licensure as home inspectors. Persons and entities employing licensed home inspectors may be impacted as well.
Summary and Preliminary Comparison with Any Existing or Proposed Federal Regulation that Is Intended to Address the Activities to be Regulated by the Proposed Rule
None.
Anticipated Economic Impact of Implementing the Rule (Note If the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
It is anticipated that the implementation of this rule will have no economic impact on small businesses.
Contact Person
Shawn Leatherwood 608-261-4438.
Transportation
The statement of scope was approved by the governor on November 13, 2012.
Rule No.
Relating to
Single trip and multiple trip permits for oversize or overweight vehicles or loads.
Rule Type
Permanent. (Revisions)
Finding/Nature of Emergency (Emergency Rule Only)
Not applicable.
Detailed Description of the Objective of the Proposed Rule
The purpose of this rulemaking is to propose modifications to the regulations related to the transportation of oversize loads on Wisconsin highways. It is almost impossible to briefly summarize all the various rules and exceptions to rules governing the transportation of oversize loads. In general, trucks and their loads should be 8' 6" or narrower, 13' 6" or shorter, and less than 75' in length. Length requirements, in particular, are highly variable and range from 45' to 75' depending on the configuration of the truck hauling the load.
If practical, loads that exceed legal dimensions should be divided into manageable loads that meet the size restrictions. If the load consists of commodities that are indivisible, the load must be hauled in one trip. Special permission and precautions must be taken to insure the highway facility and other property is not damaged by the transport. A permitting system coordinates the granting of special permission to transport oversize vehicles and loads.
A. Current Restrictions
Under current law, the Wisconsin Department of
Transportation (WisDOT) and local authorities regulate the time of
day oversize vehicles can operate. Oversize loads can generally travel
on weekdays during daylight hours on
state
highways. Under s.
Trans 254.11, travel
times are restricted to
keep these oversize loads from slowing traffic and reducing safety
during heavy traffic periods.
Travel times were established many years ago and currently restrict the travel time for oversize loads as follows:
• To reduce traffic slowdowns and accidents, and protect public safety during peak tourist travel times, an oversize vehicle/load that is equal to or less than 12 feet in width, 13 1/2 feet in height, and 100 feet in length, may NOT be operated:
o Between 4:00 p.m. and 11:00 p.m. on Sunday;
o Between 4:00 p.m. and 11:00 p.m. on Fridays between the 4th Friday in May and Labor Day.
o Between 4:00 p.m. and 11:00 p.m. on any holiday, or, when Independence Day falls on Sunday, on the following Monday;
o Between 4:00p.m. and 11:00 p.m. on the day before any holiday, except that this restriction does not apply to Independence Day when it falls on a Sunday.
• Because oversize loads are more than one-lane wide, higher than many overhead obstructions such as bridges and wires, too long to easily navigate much of the highway system, and create a greater risk to travelers, an oversize vehicle/load that exceeds 12 feet in width, 13 1/2 feet in height, or 100 feet in length, cannot operate at any of the times listed above, nor may it operate:
o During the hours of darkness;
o During the period beginning at 12:00 noon on the preceding day, and continuing until sunrise on the day following every Sunday and holiday.
• To protect commuter traffic on the Milwaukee County Freeway System, oversize vehicles equal to or Jess than 12 feet in width, 13 1/2 feet in height, and 100 feet in length, may NOT be operated:
o Between 6:00 a.m. and 9:00 a.m., and between 3:00 p.m. and 6:00 p.m. on Monday through Thursday;
o Between 6:00 a.m. and 9:00 a.m., and between 3:00 p.m. and 11:00 p.m. on Fridays and Sundays;
o These Milwaukee restrictions do not apply to U.S. highway 45 between West Florist Avenue and West Hampton Avenue, or on interstate highway 94 between the Waukesha county line and 108th Street.
• Oversize vehicles/loads that
exceed 11
feet in
width, 13
1/2
feet in
height,
or
100 feet in
length, cannot operate on the
Milwaukee County Freeway System at
any time. Section
Trans 254.12 (2). Such loads are
currently transported over non-freeway system routes through the county.
Travel is
permitted on
U.S.
highway 45 between West Florist Avenue and
West Hampton Avenue and on interstate highway 94
between the Waukesha county line and
108
th Street.
Notwithstanding these limitations on when oversize vehicles/loads may travel, a permitting authority, such as WisDOT, may override these time restrictions. Under extraordinary circumstances, the issuing authority may impose additional conditions to promote the safe operation of the vehicle and load when it believes public health and welfare are better served.
The general purpose of these time restrictions is to protect public safety during weekday commuter travel periods and weekend tourist travel periods. These times were chosen based on the empirical observation of traffic movements and limited data available on traffic volumes at that time. The complete prohibition of the transportation of loads that exceed 11 feet in width, 13 1/2 feet in height, or 100 feet in length from the Milwaukee County Freeway System reflected a number of significant shortcomings in the freeway system, such as a large number of low bridges and tight radius ramps.
Chapter
Trans 254 is
the administrative rule
applicable to permits issued under s.
348.26 (2), Stats.,-
the Single
Trip Permit
for transport of
non-divisible commodities other than
manufactured housing. The
Single Trip Permit is
the most commonly issued oversize and
overweight vehicle permit. WisDOT issues approximately 42,000 such permits each
year. Highway maintenance authorities in
cities,
villages, townships and counties may also issue permits authorized by
s.
348.26 (2), Stats.,
however, the changes considered in
this rulemaking will
not affect permit issuance by
those jurisdictions.
Chapter
Trans 255 is the administrative rule
applicable to
permits issued under s.
348.27 (2), Stats.,-
“Annual and Consecutive Month Permit." This refers to
multiple use permits issued for
the transport of
non-divisible equipment and
material. WisDOT issues approximately 8,000 such permits each year. Only
WisDOT may issue permits authorized by
s.
348.27 (2), Stats.
Local
units of
government do
not
issue permits similar to
those issued by
WisDOT under Ch.
Trans 255;
WisDot permits grant authority to
operate on
both state and local
highways.
