A mortality management worksheet (worksheet 6) must accompany an application for local approval. The worksheet must describe the operator's plan for disposing of livestock that die at the livestock facility. This rule does not regulate the method of disposal (other laws may apply).

A local government must grant or deny an application within 90 days after it receives a complete application. If the application complies with this rule, the local government must approve the application unless the local government finds, based on other clear and convincing evidence documented in the local record, that the proposed livestock facility fails to meet the standards in this rule. The local government must issue its decision in writing. The decision must be based on written findings of fact included in the decision. The findings must be supported by evidence in the record. The local government must keep a decision-making record.

Under the Livestock Facility Siting Law, an “aggrieved person" may appeal a local decision to the state Livestock Facility Siting Review Board. The Board will review the local decision based on the local record (the Board will not hold a new hearing or collect additional evidence).

This rule will protect the environment by establishing clear environmental protection standards for new and expanded livestock facilities that require local approval. It will protect neighboring land uses by establishing reasonable odor management standards and property line setbacks. It will protect surface water and groundwater quality by incorporating existing water quality setbacks, and by establishing reasonable standards related to waste management, waste storage, nutrient management and runoff control. This proposed rule will ensure that applicants for local approval are aware of other environmental laws that may apply, even though those laws are not incorporated as standards for local approval. A complete environmental assessment is available from DATCP.

This proposed rule will have a significant fiscal impact on DATCP and local units of government. DATCP will incur an estimated additional cost of $155,000 annually to administer the Livestock Facility Siting Review Board and carry out other duties. Local governments that require local approval may incur a cost of $600 to $1,500 per approval. Local governments may charge an application fee of up to $500 to offset costs to review and process an application. If there are 50-70 local approvals per year, aggregate local costs for all local governments may range from $5,000 to $70,000 annually. This cost will be offset by savings related to more orderly, less contentious, approval proceedings. A complete fiscal estimate is available from DATCP.

This rule will have a significant impact on livestock businesses in this state. This rule will facilitate the orderly growth and modernization of Wisconsin's critical livestock industry by providing a clearer, more uniform, more objective and more predictable local approval process.

This rule directly affects only a small number of livestock operators – those who voluntarily choose to build new or expanded livestock facilities in jurisdictions that require local approval. The affected facilities will typically have over 500 “animal units" (some smaller facilities may be affected, in local jurisdictions that had lower permit thresholds prior to July 19, 2003).

DATCP estimates that this rule will directly affect only about 50-70 livestock facilities per year. But the rule will have a significant impact in those cases. It will also have a long-term, indirect impact on the growth and development of the state's livestock industry as a whole. The rule will facilitate more orderly planning, more appropriate siting choices, more predictability for livestock operators and their lenders, and more efficient and environmentally sustainable industry development.

Prior to the Livestock Facility Siting Law, some individual livestock operators spent hundreds of thousands of dollars on unsuccessful applications for local siting approval. When local approval was denied, the operators lost income opportunities. Other operators, though ultimately successful, incurred extraordinary (and often unnecessary) costs and delays.

Contentious local proceedings have exacted a heavy emotional toll on livestock operators and their families, and harmed community relations. The unpredictability of local approval has discouraged lending and capital investment.

New and expanding operations will need to comply with regulations spelled out in this rule. This may add costs for some new or expanding operations, but will also save costs related to local siting disputes and litigation. Operators will be able to evaluate compliance needs before applying for local approval, and will be able to plan their investments accordingly.

DATCP has developed preliminary cost estimates for livestock facilities directly affected by this rule. DATCP estimates the following average cost (or savings) range per siting, by livestock facility size category:

Based on reports of livestock siting disputes prior to the Livestock Facility Siting Law, DATCP believes that the net costs of this rule may actually be much lower, and that savings may actually be much higher. Net costs may also be offset, in some cases, by government cost-sharing grants. An applicant for local approval is not ordinarily entitled to cost-sharing for conservation practices needed to comply with this rule. However a political subdivision may provide cost-sharing if it wishes.

This rule affects local approval of livestock facilities that will have 500 or more “animal units" (or that will exceed a lower threshold established by local zoning ordinance prior to July 19, 2003). Many of these operators are “small businesses" as defined in s. 227.114 (1), Stats.

This rule will have a significant economic impact on affected small businesses, and is therefore subject to the delayed small business effective date provision in s. 227.22 (2) (e), Stats. That provision automatically delays a rule's applicability to small businesses by 2 months, compared to the effective date for other businesses. A complete business impact analysis, including a small business analysis (“initial regulatory flexibility analysis"), is available from DATCP.

This proposed rule addresses local regulation of livestock facility siting. There are no federal regulations that address this topic directly. But the following federal programs have an impact on livestock facilities in this state: Federal Clean Water Act, Federal Clean Air Act, NRCS nutrient management standards, federal conservation incentives.

Among states bordering Wisconsin, there is an apparent trend toward state regulation that pre-empts or standardizes local regulation. State standards can address important concerns such as runoff control and odor management, while providing a more uniform and predictable regulatory environment for farm businesses. Illinois, Michigan and Iowa have established state frameworks for approval of new and expanded livestock facilities, while Minnesota is re-evaluating the state's role in siting decisions.

NOTICE IS HEREBY GIVEN that pursuant to ss. 101.02 (1) and (15) (h) to (j), and 145.14, Stats., the Department of Commerce will hold a public hearing on proposed rules under chapter Comm 5, relating to welder, electrician and plumber credentials.

The public hearing will be held as follows:

Monday, February 28, 2005 at 1:00 p.m.

Room 3B, Thompson Commerce Center

201 West Washington Avenue

Madison

Interested persons are invited to appear at the hearing and present comments on the proposed rules. Persons making oral presentations are requested to submit their comments in writing. Persons submitting comments will not receive individual responses. The hearing record on this proposed rulemaking will remain open until March 11, 2005, to permit submittal of written comments from persons who are unable to attend the hearing or who wish to supplement testimony offered at the hearing. Written comments should be submitted to Ronald Acker, at the Department of Commerce, P.O. Box 2689, Madison, WI 53701-2689, or Email at racker@commerce.state.wi.us.

This hearing is held in accessible facility. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call (608) 266-8741 or (608) 264-8777 (TTY) at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audio tape format will, to the fullest extent possible, be made available upon a request from a person with a disability.

Analysis of Proposed Rules

Statutory authority: Sections 101.02 (1) and (15) (h) to (j), and 145.14, Stats.

Statutes interpreted: Sections 101.02 (1) and (15) (h) to (j), and 145.14, Stats.

General Summary

Chapter Comm 5 of the Wisconsin Administrative Code contains the Department's rules for the issuance and renewal of numerous credentials which businesses and individuals are either mandated or permitted to obtain. These credentials are licenses, certifications and registrations that relate to activities associated with the construction and inspection of buildings and structures or specific components and elements that serve buildings and structures.

The proposed rules consist of revisions in chapter Comm 5 in order to address some administrative inconsistencies and oversights that have occurred since the last major update of chapter Comm 5. The time period during which a certified welder may perform the welding procedures for which the welder is certified is being increased from 3 years to 4 years. Likewise, the time period for maintaining the records of those individuals who passed a structural welding test is being increased from 4 years to 5 years. The proposal deletes the rule relating to advertising as certified electrical contractors or electricians. The proposed rules also include a requirement for certain master plumbers-restricted appliance to complete an educational course on multi-purpose piping systems that they are allowed to install.

Federal Comparison

The proposed rules address administrative issues unique to the department's rules. There are no existing or proposed federal regulations that address the activities to be regulated by the proposed rules.

State Comparison

The proposed rules address administrative issues unique to the department's rules. There are no similar rules in the states of Illinois, Iowa, Michigan and Minnesota.

The proposed rules and an analysis of the proposed rules are available on the Internet at the Safety and Buildings Division Web site at www.commerce.wi.gov/SB/. Paper copies may be obtained without cost from Roberta Ward, at the Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689, or Email at rward@commerce.state.wi.us, or at telephone (608) 266-8741 or (608) 264-8777 (TTY). Copies will also be available at the public hearing.

Notice is hereby given that the Department has considered the environmental impact of the proposed rules. In accordance with chapter Comm 1, the proposed rules are a Type III action. A Type III action normally does not have the potential to cause significant environmental effects and normally does not involve unresolved conflicts in the use of available resources. The Department has reviewed these rules and finds no reason to believe that any unusual conditions exist. At this time, the Department has issued this notice to serve as a finding of no significant impact.

1. Types of small businesses that will be affected by the rules.

The rules will affect any businesses that employ certified structural welders or conduct structural welding tests. The rules will also affect any businesses that employ licensed master plumbers-restricted appliance who initially obtained their licenses prior to January 1, 2002.

2. Reporting, bookkeeping and other procedures required for compliance with the rules.

The rules require the records of those individuals who passed a structural welding qualifying test to be kept for 5 years instead of 4 years.

3. Types of professional skills necessary for compliance with the rules.

There are no types of professional skills necessary for compliance with the proposed rules.

4. Rules have a significant economic impact on small businesses.

No

The Safety and Buildings Division is responsible for administering and enforcing rules relating to protecting public safety and health in public buildings, places of employment and one- and 2-family dwellings. The proposed rules do not contain any changes in the Division's fees charged for administering and enforcing those rules. Also, the proposed rules will not create any additional workload costs. Therefore, the proposed rules will not have any fiscal effect on the Division.

The proposed rules will not have a significant fiscal effect on the private sector.

The small business regulatory coordinator for the Department of Commerce is Carol Dunn, who may be contacted at telephone (608) 267-0297, or Email at cdunn@commerce.state.wi.us.

NOTICE IS HEREBY GIVEN that pursuant to ss. 101.02 (1), 101.63 (1), 101.73 (1) and 101.82, Stats., the Department of Commerce will hold a public hearing on proposed rules under chapter Comm 16, relating to electrical construction.

Date & Time:   Monday, February 28, 2005 at 10:00 a.m.

Location:   Room 3B, Thompson Commerce Center

  201 West Washington Avenue

  Madison

Interested persons are invited to appear at the hearing and present comments on the proposed rules. Persons making oral presentations are requested to submit their comments in writing. Persons submitting comments will not receive individual responses. The hearing record on this proposed rulemaking will remain open until March 11, 2005, to permit submittal of written comments from persons who are unable to attend the hearing or who wish to supplement testimony offered at the hearing. Written comments should be submitted to Ronald Acker, at the Department of Commerce, P.O. Box 2689, Madison, WI 53701-2689, or Email at racker@commerce.state.wi.us.

This hearing is held in accessible facility. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call (608) 266-8741 or (608) 264-8777 (TTY) at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audio tape format will, to the fullest extent possible, be made available upon a request from a person with a disability.

Statutory Authority: Sections 101.02 (1), 101.63 (1), 101.73 (1) and 101.82, Stats.

Statutes Interpreted: Sections 101.63(1), 101.73(1), 101.82 and 101.865, Stats.

Chapter Comm 16, Electrical Code, establishes safety and health requirements for the installation of electrical wiring, communication systems and electrical equipment in places of employment, public buildings, dwellings and other premises such as carnivals, parking lots, mines, trenches, manufactured homes and recreational vehicles. The chapter incorporates by reference the National Fire Protection Association (NFPA) standard NFPA 70 – National Electrical Code (NEC). In addition, the chapter includes amendments that clarify or supplement the electrical standards contained in the NEC. Chapter Comm 16 also establishes rules for the electrical inspection of farms, public buildings and places of employment.

The proposed rules consist of an update of chapter Comm 16, including the incorporation by reference of the 2005 edition of the NEC. The proposed rules do not contain any revisions to the current rules for the electrical inspection of farms, public buildings and places of employment. The majority of the proposed changes are administrative in nature and involve numbering and code location.

The following is a summary of the major changes in the proposed rules. [The numbers in brackets indicate where the rule change can be found in the rule draft.]

1. Deleting several Wisconsin amendments to the NEC as a result of changes in the 2005 edition of the NEC. For example, because of changes in NEC 210.52 (E) of the 2005 NEC relating to the location of dwelling unit outdoor outlets, section Comm 16.22 is being deleted.

2. Deleting the NEC requirement for concealing nonmetallic sheathed cables in non-dwellings of Type III, IV or V construction within walls, floors or ceilings that provide a 15-minute finish rating. [Comm 16.327]

3. Adding 2 new rules to clarify the placement of a generator used as an emergency or legally required power source relative to the utility transformer. [Comm 16.45 (2) and 16.48]

There are several existing federal regulations that relate to the installation of electrical wiring and equipment. Some of these regulations require compliance with various editions of the National Electrical Code (NEC). An Internet-based search of the Code of Federal Regulations (CFR) found the following existing federal regulations relating to the activities to be regulated by the rule.