PETITION OF THE STATE OF WISCONSIN DEPARTMENT OF NATURAL RESOURCES
REPEALING AN UNAUTHORIZED RULE
The Wisconsin Department of Natural Resources proposes the following permanent rule to repeal ch. NR 168, relating to the brownfield site assessment grant program. |
EXR - 15
Analysis Prepared by the Department of Natural Resources
1. Statute Interpreted:
2. Statutory Authority:
Section 292.75(2)(d), 2009 Stats. 3. Explanation of Agency Authority:
Statutory authority for ch. NR 168, Wis. Adm. Code, was repealed by 2011 Wis. Act 32.
4. Related Statutes or Rules:
Section 292.75, 2009 Stats. Chapter NR 168, Wis. Adm. Code 5. Plain Language Analysis:
Chapter NR 168, Wis. Adm. Code, was promulgated by emergency rule in 2000 and established procedures for implementing a brownfield site assessment grant program. The administrative code chapter was promulgated under the statutory authority of s. 292.75, 1999 Stats. Under s. 292.75, 1999 Stats., the DNR administered this grant program, which assisted local governmental units in assessing environmental contamination and conducting certain activities on eligible brownfield sites and facilities. Through 2011 Wis. Act 32, the Wisconsin State Legislature renumbered the enabling statute, s. 292.75, 1999 Stats., as s. 238.133, Stats., and designated the Wisconsin Economic Development Corporation (WEDC) as the agency responsible for implementing this program. See 2011 Wis. Act 32 (Section 2990r). Accordingly, because the DNR lacks statutory authority to administer the rules in ch. NR 168, the DNR has determined under ss. 227.26(4)(b) and 227.29(1)(a), Stats., that it is an unauthorized administrative code chapter and requests authorization to repeal it. 6. Agency Contact Person:
Molly Schmidt, Brownfields, Outreach & Policy Section, Remediation & Redevelopment Program
(608) 219-2153
TEXT OF RULE
Section 1 NR 168 is repealed.
Section 2. Effective Date. This rule takes effect on the first day of the month following publication in the Wisconsin Administrative Register as provided in s. 227.22 (2) (intro.), Stats. END OF TEXT
