CR 18-056 Rule Text

STATE OF WISCONSIN

Department of Safety and Professional Services

IN THE MATTER OF RULEMAKING PROCEEDINGS BEFORE THE

DEPARTMENT OF SAFETY AND PROFESSIONAL SERVICES

ORDER OF THE DEPARTMENT OF SAFETY AND PROFESSIONAL SERVICES

ADOPTING RULES

(CLEARINGHOUSE RULE 18-056)

ORDER

An order of the Department of Safety and Professional Services to repeal SPS 302.35, 305.67, and Ch. 367, and to amend SPS 302.52 (2), relating to rental unit energy efficiency.

Analysis prepared by the Department of Safety and Professional Services.

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ANALYSIS

Statutes interpreted:

2017 Wisconsin Act 59, sections 1306 to 1312, 9339, and 9439

Statutory authority:

Sections 101.19 (1g) (i) and 101.122 (2) (a) to (c), 2015 Stats., and 2017 Wisconsin Act 59.

Explanation of agency authority:

Pursuant to s. 101.19 (1g), 2015 Stats., the Department of Safety and Professional Services was required to establish and collect fees that, as closely as possible, equal the cost of providing certain services. Section 101.19 (1g) (i), 2015 Stats., required the Department to collect fees for the inspection and certifying of rental units under s. 101.122 (4), 2015 Stats., and certify and train inspectors under ss. 101.122 (2) (c) and (d), 2015 Stats.

Pursuant to s. 101.122, 2015 Stats., the Department of Safety and Professional Services was required to establish a code of minimum energy efficiency standards for dwelling units.

2017 Wisconsin Act 59 repeals ss. 101.19 (1g) (i) and 101.122, 2015 Stats.

Related statute or rule:

Not applicable

Plain language analysis:

The proposed rule repeals sections SPS 302.35, 305.67, and chapter SPS 367, and amends section SPS 302.52 (2), relating to the rental unit energy efficiency program, also known as the rental weatherization program.

Section 101.19 (1g) (i), 2015 Stats., required fee schedules for the inspection and certifying of rental units under s. 101.122 (4), 2015 Stats., and the certification and training of inspectors under ss. 101.122 (2) (c) and (d), 2015 Stats.

Section 101.122, 2015 Stats., required most rental dwelling units to comply with rental energy efficiency standards before the ownership of the rental unit is transferred.

2017 Wisconsin Act 59 repealed ss. 101.19 (1g) (i) and 101.122, 2015 Stats., which eliminated the rental unit energy efficiency program effective January 1, 2018. The repeal of s. 101.122, 2015 Stats., also eliminates the rental weatherization program under chapter SPS 367 and the Department’s administrative requirements and authority relating to the weatherization code (ss. SPS 302.35, 302.52 (2), and 305.67).

Agency contact person:

Mindy Allen, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, P.O. Box 8366, Madison, WI 53708-8366; telephone [phone]; email at [e-mail].

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TEXT OF RULE