2. Standards for the testing, reporting, and record keeping required under sub. (3).
(b) The department may promulgate rules that establish standards for the construction, operation, and maintenance of vehicle tank meters.
Section 98.245 Liquefied petroleum gas sales.
(9) Rules (a) The department shall promulgate rules that establish all of the following:
1. License fee and surcharge amounts under sub. (7m) (c).
2. Standards for the testing, reporting, and record keeping required under sub. (8).
(b) The department may promulgate rules that establish standards for the construction, operation, and maintenance of liquefied petroleum gas meters.
Section 100.20 Methods of competition and trade practices.
(2) (a). The department, after public hearing, may issue general orders forbidding methods of competition in business or trade practices in business which are determined by the department to be unfair. The department, after public hearing, may issue general orders prescribing methods of competition in business or trade practices in business which are determined by the department to be fair.
Section 100.45 Mobile air conditioners.
(5) Department duties. The department shall do all of the following:
(a) Promulgate rules for the administration of this section including establishing all of the following:
1. A standard of purity for recycled refrigerant from mobile air conditioners that is based on recognized national industry standards.
2. Qualifications, which may include training or certification requirements, for individuals who use approved refrigerant recycling equipment or approved refrigerant recovery equipment to ensure that those individuals use procedures for containment of ozone-depleting refrigerant.
3. Fees to cover the costs of administering this section.
(5e) Department powers
(a) Except as provided in par. (b), the department may promulgate rules providing that any portion of sub. (3) or (4) applies with respect to a substance used as a substitute for an ozone-depleting refrigerant.
(b) The department may not promulgate rules prohibiting the sale or offering for sale of any substance used as a substitute for an ozone-depleting refrigerant in a container holding less than 15 pounds of the substance or regulating an individual's noncommercial use of such a substance that is sold in such a container.
Estimate of the Amount of Time that State Employees Will Spend to Develop the Rule and of Other Resources Necessary to Develop the Rule
DATCP estimates that it will use approximately 0.1 FTE staff to develop this rule. That includes time required for investigation and analysis, rule drafting, preparing related documents, coordinating advisory committee meetings, holding public hearings and communicating with affected persons and groups. DATCP will use existing staff to develop this rule.
Description of All Entities that May be Impacted by the Rule
Existing Administrative Code Chs.
ATCP 90,
91,
92,
113, and
136 directly impact wholesale and retail businesses that sell packaged products, commodities by weight, measure or count, use devices such as flow meters and scales, sell gasoline, and service mobile air conditioners. These existing rules also indirectly impact the customers of these businesses. However, the changes envisioned under this proposed rulemaking are mostly technical in nature and, therefore, will have minimal impact on any of these businesses or consumers.
Summary and Preliminary Comparison of Any Existing or Proposed Federal Regulation that Is Intended to Address the Activities to be Regulated by the Rule
EPA maintains a list of acceptable substitute refrigerants that are non-ozone-depleting. FDA enforces federal laws and rules regarding packaging and labeling of a number of products regulated by DATCP administrative rules.
Anticipated Economic Impact
DATCP expects the proposed rule to have minimal to no economic impact statewide and locally. The changes envisioned are mostly technical in nature and would have minimal practical impact.
Contact Person
Agriculture, Trade and Consumer Protection
This statement of scope was approved by the governor on November 8, 2012.
Rule No.
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
