Under the bill, an independent economic impact analysis may not be requested
for a rule considered at the spring DNR-WCC meeting.
Bill required for certain rules. Under current law, subject to certain
exceptions, if an economic impact analysis or an independent economic impact
analysis prepared for a proposed rule indicates that $10,000,000 or more in
implementation and compliance costs are reasonably expected to be incurred by or
passed along to businesses, local governmental units, and individuals over any
two-year period as a result of the proposed rule, the agency proposing the rule must
stop work on the proposed rule and may not continue promulgating the proposed rule
unless a) the agency modifies the proposed rule to address its implementation and
compliance costs; or b) a bill is enacted authorizing the agency to promulgate the
rule.
Under the bill, these provisions do not apply with respect to a rule considered
at the spring DNR-WCC meeting.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB852,4,193
227.135
(2) An Except as provided in sub. (2m), an agency that has prepared
4a statement of the scope of the proposed rule shall present the statement to the
5department of administration, which shall make a determination as to whether the
1agency has the explicit authority to promulgate the rule as proposed in the statement
2of scope and shall report the statement of scope and its determination to the governor
3who, in his or her discretion, may approve or reject the statement of scope. The
4agency may not send the statement to the legislative reference bureau for
5publication under sub. (3) until the governor issues a written notice of approval of
6the statement. The agency shall also present the statement to the individual or body
7with policy-making powers over the subject matter of the proposed rule for approval.
8The individual or body with policy-making powers may not approve the statement
9until at least 10 days after publication of the statement under sub. (3) and, if a
10preliminary public hearing and comment period are held by the agency under s.
11227.136, until the individual or body has received and reviewed any public comments
12and feedback received from the agency under s. 227.136 (5). No state employee or
13official may perform any activity in connection with the drafting of a proposed rule
14to which this subsection applies, except for an activity necessary to prepare the
15statement of the scope of the proposed rule until the governor and the individual or
16body with policy-making powers over the subject matter of the proposed rule
17approve the statement. This subsection does not prohibit an agency from performing
18an activity necessary to prepare a petition and proposed rule for submission under
19s. 227.26 (4).
SB852,2
20Section 2
. 227.135 (2m) of the statutes is created to read:
SB852,5,1121
227.135
(2m) If the department of natural resources prepares a statement of
22the scope of a proposed rule that is considered at the joint annual spring fish and
23wildlife rule hearing of the department of natural resources and county meeting of
24the Wisconsin conservation congress, that department shall present the statement
25to the natural resources board for approval. The natural resources board may not
1approve the statement until at least 10 days after publication of the statement under
2sub. (3) and, if the preliminary public hearing and comment period are held by the
3department under s. 227.136, until the board has received and reviewed any public
4comments and feedback from the department under s. 227.136 (5). If the natural
5resources board does not disapprove the statement within 30 days after the
6statement is presented to that board or by the 11th day after publication of the
7statement in the register, whichever is later, the statement is considered to be
8approved. No state employee or official may perform any activity in connection with
9the drafting of a proposed rule to which this subsection applies except for an activity
10necessary to prepare the statement of the scope of the proposed rule until the natural
11resources board approves the statement.
SB852,6,214
227.135
(3) If the governor approves a statement of the scope of a proposed rule
15under Subject to sub. (2), the agency shall send an electronic copy of
the a statement
16of the scope of a proposed rule to the legislative reference bureau, in a format
17approved by the legislative reference bureau, for publication in the register. On the
18same day that the agency sends the statement to the legislative reference bureau,
19the agency shall send a copy of the statement to the secretary of administration and
20to the chief clerks of each house of the legislature, who shall distribute the statement
21to the cochairpersons of the joint committee for review of administrative rules. The
22agency shall include with any statement of scope sent to the legislative reference
23bureau the date of the governor's approval of the statement of scope
, if gubernatorial
24approval of the statement of scope is required. The legislative reference bureau shall
25assign a discrete identifying number to each statement of scope and shall include
1that number and
, if applicable, the date of the governor's approval in the publication
2of the statement of scope in the register.
SB852,4
3Section 4
. 227.135 (6) of the statutes is created to read:
SB852,6,64
227.135
(6) This section does not apply to emergency rules that are considered
5at the joint annual spring fish and wildlife rule hearing of the department of natural
6resources and county meeting of the Wisconsin conservation congress.
SB852,5
7Section
5. 227.137 (2) of the statutes is amended to read:
SB852,6,108
227.137
(2) An Except as provided in sub. (2m), an agency shall prepare an
9economic impact analysis for a proposed rule before submitting the proposed rule to
10the legislative council staff under s. 227.15.
SB852,6
11Section 6
. 227.137 (2m) of the statutes is created to read:
SB852,7,312
227.137
(2m) After the legislative reference bureau publishes under s. 227.135
13(3) a statement of the scope of a proposed rule that is considered at the joint annual
14spring fish and wildlife rule hearing of the department of natural resources and
15county meeting of the Wisconsin conservation congress, and before that department
16submits the notice of the proposed rule to the legislature for review under s. 227.19
17(2), a municipality, an association that represents a farm, labor, business, or
18professional group, or 5 or more persons who would be directly and uniquely affected
19by the proposed rule may submit a petition to the department of administration
20asking the secretary of administration to direct the department of natural resources
21to prepare an economic impact analysis for the proposed rule. If the secretary of
22administration directs the department of natural resources to prepare the economic
23impact analysis, that department shall prepare the economic impact analysis before
24submitting the notice of the proposed rule to the legislature for review under s.
25227.19 (2). The secretary of administration shall direct the department of natural
1resources to prepare an economic impact analysis for the proposed rule before
2submitting the notice of the proposed rule to the legislature for review under s.
3227.19 (2) if the secretary determines that all of the following apply:
SB852,7,74
(a) The petition was submitted to the department of administration no later
5than 90 days after publication of the statement of the scope of the proposed rule
6under s. 227.135 (3) or no later than 10 days after publication of the notice for a public
7hearing under s. 227.17, whichever is later.
SB852,7,128
(b) The proposed rule would cost affected persons $20,000,000 or more during
9each of the first 5 years after the rule's implementation to comply with the rule or the
10proposed rule would adversely affect in a material way the economy, a sector of the
11economy, productivity, competition, jobs, the environment, public health or safety, or
12state, local, or tribal governments or communities.
SB852,8,215
227.137
(3) (intro.) An economic impact analysis of a proposed rule
prepared
16under sub. (2) or (4m) shall contain information on the economic effect of the
17proposed rule on specific businesses, business sectors, public utility ratepayers, local
18governmental units, and the state's economy as a whole. The agency or person
19preparing the analysis shall solicit information and advice from businesses,
20associations representing businesses, local governmental units, and individuals that
21may be affected by the proposed rule. The agency or person shall prepare the
22economic impact analysis in coordination with local governmental units that may be
23affected by the proposed rule. The agency or person may also request information
24that is reasonably necessary for the preparation of an economic impact analysis from
1other businesses, associations, local governmental units, and individuals and from
2other agencies. The economic impact analysis shall include all of the following:
SB852,8
3Section 8
. 227.137 (3m) of the statutes is created to read:
SB852,8,134
227.137
(3m) An economic impact analysis of a proposed rule prepared under
5sub. (2m) shall contain information on the effect of the proposed rule on specific
6businesses, business sectors, and the state's economy. When preparing the analysis,
7the department of natural resources shall solicit information and advice from the
8Wisconsin Economic Development Corporation and from businesses, associations,
9governmental units, and individuals that may be affected by the proposed rule. The
10department of natural resources may request information that is reasonably
11necessary for the preparation of the economic impact analysis from other state
12agencies and from businesses, associations, governmental units, and individuals.
13The economic impact analysis shall include all of the following:
SB852,8,1514
(a) An analysis and quantification of the problem, including any risks to public
15health or the environment, that the proposed rule is intending to address.
SB852,8,1816
(b) An analysis and quantification of the economic impact of the proposed rule,
17including the costs that are reasonably expected to be incurred by the state,
18businesses, governmental units, and affected individuals.
SB852,8,2019
(c) An analysis of the benefits of the proposed rule, including how the rule
20reduces the risks and addresses the problems that the rule is intended to address.
SB852,9
21Section
9. 227.137 (4) of the statutes is amended to read:
SB852,9,922
227.137
(4) On the same day that the agency submits
the an economic impact
23analysis
prepared under sub. (2) to the legislative council staff under s. 227.15 (1),
24the agency shall also submit that analysis to the department of administration, to
25the governor, and to the chief clerks of each house of the legislature, who shall
1distribute the analysis to the presiding officers of their respective houses, to the
2chairpersons of the appropriate standing committees of their respective houses, as
3designated by those presiding officers, and to the cochairpersons of the joint
4committee for review of administrative rules. If a proposed rule is modified after the
5economic impact analysis is submitted under this subsection so that the economic
6impact of the proposed rule is significantly changed, the agency shall prepare a
7revised economic impact analysis for the proposed rule as modified. A revised
8economic impact analysis shall be prepared and submitted in the same manner as
9an original economic impact analysis is prepared and submitted.
SB852,10
10Section 10
. 227.137 (4r) of the statutes is created to read:
SB852,9,1311
227.137
(4r) The department of natural resources shall submit an economic
12impact analysis prepared under sub. (2m) to the legislative council staff, to the
13department of administration, and to the petitioner.
SB852,11
14Section
11. 227.14 (2) (a) 6. of the statutes is amended to read:
SB852,9,1815
227.14
(2) (a) 6. Any analysis and supporting documentation that the agency
16used in support of the agency's determination of the rule's effect on small businesses
17under s. 227.114 or that was used when the agency prepared an economic impact
18analysis under s. 227.137
(3) (2) or (2m).
SB852,9,2521
227.14
(4m) Notice of submittal to legislative council staff. On the same
22day that an agency submits a proposed rule to the legislative council staff under s.
23227.15, the agency shall prepare a written notice of the agency's submittal to the
24legislative council staff. The notice shall include a statement of the date on which
25the proposed rule has been submitted to the legislative council staff for review, of the
1subject matter of the proposed rule, and of whether a public hearing on the proposed
2rule is required under s. 227.16, and shall identify the organizational unit within the
3agency that is primarily responsible for the promulgation of the rule. The notice
4shall also include a statement containing the identifying number of the statement
5of scope for the proposed rule assigned under s. 227.135 (3), the date of publication
6and issue number of the register in which the statement of scope is published, and
7the date of approval of the statement of scope by the individual or body with
8policy-making powers over the subject matter of the proposed rule under s. 227.135
9(2)
or (2m). The notice shall be approved by the individual or body with
10policy-making powers over the subject matter of the proposed rule. The agency shall
11send an electronic copy of the notice to the legislative reference bureau, in a format
12approved by the legislative reference bureau, for publication in the register. On the
13same day that the agency sends the notice to the legislative reference bureau, the
14agency shall send a copy of the notice to the secretary of administration.
SB852,11,517
227.15
(1) Submittal to legislative council staff. Prior to a public hearing
18on a proposed rule required under s. 227.16 or, if no such public hearing is required,
19prior to notice under s. 227.19, an agency shall submit the proposed rule to the
20legislative council staff for review. The proposed rule shall be in the form required
21under s. 227.14 (1), and shall include the material required under s. 227.14 (2), (3),
22and (4), any housing impact analysis required under s. 227.115 (2) (a), any revised
23housing impact analysis required under s. 227.115 (2) (b),
the any economic impact
24analysis required under s. 227.137 (2)
or (2m), and any revised economic impact
25analysis required under s. 227.137 (4). An agency may not hold a public hearing on
1a proposed rule or give notice under s. 227.19 until after it has received a written
2report of the legislative council staff review of the proposed rule or until after the
3initial review period of 20 working days under sub. (2) (intro.), whichever comes first.
4An agency may give notice of a public hearing prior to receipt of the legislative council
5staff report. This subsection does not apply to rules promulgated under s. 227.24.
SB852,11,108
227.15
(1m) (bm)
The Any economic impact analysis required under s. 227.137
9(2)
or (2m), any revised economic impact analysis required under s. 227.137 (4), and
10any independent economic impact analysis prepared under s. 227.137 (4m).
SB852,11,24
13227.185 Approval by governor.
After Except as provided in this section,
14after a proposed rule is in final draft form, the agency shall submit the proposed rule
15to the governor for approval. The governor, in his or her discretion, may approve or
16reject the proposed rule. If the governor approves a proposed rule, the governor shall
17provide the agency with a written notice of that approval.
No Except as provided in
18this section, no proposed rule may be submitted to the legislature for review under
19s. 227.19 (2) unless the governor has approved the proposed rule in writing. The
20agency shall notify the joint committee for review of administrative rules whenever
21it submits a proposed rule for approval under this section.
This section does not apply
22to a proposed rule that is considered at the joint annual spring fish and wildlife rule
23hearing of the department of natural resources and county meeting of the Wisconsin
24conservation congress.
SB852,16
25Section 16
. 227.19 (2) of the statutes is amended to read:
SB852,12,18
1227.19
(2) Notification of legislature. An agency shall submit a notice to the
2chief clerk of each house of the legislature when a proposed rule is in final draft form.
3The notice shall be submitted in triplicate and shall be accompanied by a report in
4the form specified under sub. (3). A notice received under this subsection after the
5last day of the legislature's final general-business floorperiod in the biennial session
6as established in the joint resolution required under s. 13.02 (3) shall be considered
7received on the first day of the next regular session of the legislature, unless the
8presiding officers of both houses direct referral of the notice and report under this
9subsection before that day. The presiding officer of each house of the legislature
10shall, within 10 working days following the day on which the notice and report are
11received, direct the appropriate chief clerk to refer the notice and report to one
12standing committee. The agency shall submit to the legislative reference bureau for
13publication in the register, in an electronic format approved by the legislative
14reference bureau, a statement that a proposed rule has been submitted to the chief
15clerk of each house of the legislature. The agency shall also include in the statement
16the date of approval of the proposed rule by the governor under s. 227.185
if the
17proposed rule is subject to gubernatorial approval. Each chief clerk shall enter a
18similar statement in the journal of his or her house.
SB852,13,621
227.19
(3) Form of report. (intro.) The report required under sub. (2) shall be
22in writing and shall include the proposed rule in the form specified in s. 227.14 (1);
23the material specified in s. 227.14 (2), (3), and (4); including any statement,
24suggested changes, or other material submitted to the agency by the small business
25regulatory review board; a copy of any economic impact analysis prepared by the
1agency under s. 227.137 (2)
or (2m); a copy of any revised economic impact analysis
2prepared by the agency under s. 227.137 (4); a copy of any independent economic
3impact analysis prepared under s. 227.137 (4m); a copy of any energy impact report
4received from the public service commission under s. 227.117 (2); and a copy of any
5recommendations of the legislative council staff. The report shall also include all of
6the following:
SB852,13,219
227.24
(1) (e) 1d.
Prepare
Except as provided in s. 227.135 (6), prepare a
10statement of the scope of the proposed emergency rule as provided in s. 227.135 (1),
11obtain approval of the statement as provided in s. 227.135 (2), send the statement
12to the legislative reference bureau for publication in the register as provided in s.
13227.135 (3), and hold a preliminary public hearing and comment period if directed
14under s. 227.136 (1). If the agency changes the scope of a proposed emergency rule
15as described in s. 227.135 (4), the agency shall prepare and obtain approval of a
16revised statement of the scope of the proposed emergency rule as provided in s.
17227.135 (4). No state employee or official may perform any activity in connection
18with the drafting of a proposed emergency rule except for an activity necessary to
19prepare the statement of the scope of the proposed emergency rule until the governor
20and the individual or body with policy-making powers over the subject matter of the
21proposed emergency rule approve the statement.
SB852,19
22Section 19
. 227.24 (1) (e) 1g. of the statutes is amended to read:
SB852,14,723
227.24
(1) (e) 1g.
Submit Except as provided in this subdivision, submit the
24proposed emergency rule in final draft form to the governor for approval. The
25governor, in his or her discretion, may approve or reject the proposed emergency rule.
1If the governor approves a proposed emergency rule, the governor shall provide the
2agency with a written notice of that approval. An agency may not file an emergency
3rule with the legislative reference bureau as provided in s. 227.20 and an emergency
4rule may not be published until the governor approves the emergency rule in writing.
5This subdivision does not apply to a proposed emergency rule that is considered at
6the joint annual spring fish and wildlife rule hearing of the department of natural
7resources and county meeting of the Wisconsin conservation congress.
SB852,20
8Section 20
.
Initial applicability.
SB852,14,139
(1)
Gubernatorial approval of rules; scope statements. The treatment of
10sections 227.135 (2), (2m), (3), and (6), 227.14 (4m), 227.185, 227.19 (2), and 227.24
11(1) (e) 1d. and 1g. of the statutes first applies to a proposed administrative rule whose
12statement of scope is published in the Wisconsin Administrative Register on the
13effective date of this subsection.
SB852,14,1814
(2)
Economic impact reports. The treatment of sections 227.137 (2), (2m), (3)
15(intro.), (3m), (4), and (4r), 227.14 (2) (a) 6., 227.15 (1) and (1m) (bm), and 227.19 (3)
16(intro.) of the statutes first applies to a notice of a proposed administrative rule
17submitted to the legislature under section 227.19 (2) of the statutes on the effective
18date of this subsection.
