Wis. Stat. § 227.115

227.115 Review of rules affecting housing. (1) DEFI- rules promulgated under s. 227.24. NITION. In this section, “state housing strategy plan” means the History: 1995 a. 308; 2003 a. 33; 2005 a. 249; 2011 a. 32; 2017 a. 68. plan developed under s. 16.302. Sub. (2) requires a report on the effect of a proposed rule on housing if the “rule directly or substantially affects the development, construction, cost, or availability (2) ANALYSIS OF RULES AFFECTING HOUSING. (a) If a pro- of housing in this state.” The use of the phrase “directly or substantially” demon- posed rule may increase or decrease, either directly or indirectly, strates that not just any effect will trigger the housing impact report requirement. A the cost of the development, construction, financing, purchasing, housing impact report is not required simply because the subject matter of a pro- posed rule relates to housing or because the rule tangentially affects housing in some sale, ownership, or availability of housing in this state, the agency way. Wisconsin Realtors Ass’n v. PSC, 2015 WI 63, 363 Wis. 2d 430, 867 N.W.2d promulgating the proposed rule shall prepare a housing impact 364, 13-1407. The absence of an explicit, on-the-record determination regarding whether a analysis for the proposed rule before it is submitted to the legisla- housing impact report is required is not dispositive and does not mean rules are pro- tive council staff under s. 227.15. The agency may request any mulgated without compliance with statutory rule-making procedures. Wisconsin information from other state agencies, local governments, or indi- Realtors Ass’n v. PSC, 2015 WI 63, 363 Wis. 2d 430, 867 N.W.2d 364, 13-1407. NOTE: The above annotations cite to the pre-2017 Wis. Act 68 version of viduals or organizations that is reasonably necessary for the this section. agency to prepare the analysis. (b) On the same day that the agency submits the housing im- 227.116 Rules to include time period. (1g) In this sec- pact analysis to the legislative council staff under s. 227.15 (1), tion, “permit” means any approval of an agency required as a con- the agency shall also submit that analysis to the department of ad- dition of operating a business in this state. ministration, to the governor, and to the chief clerks of each house (1r) Each proposed rule submitted to the legislative council of the legislature, who shall distribute the analysis to the presid- staff under s. 227.15 that includes a requirement for a business to ing officers of their respective houses, to the chairpersons of the obtain a permit shall specify the number of business days, calcu- appropriate standing committees of their respective houses, as lated beginning on the day a permit application is received, designated by those presiding officers, and to the cochairpersons within which the agency will review and make a determination on of the joint committee for review of administrative rules. If a pro- a permit application. posed rule is modified after the housing impact analysis is sub- (2) If any existing rule does not comply with sub. (1r), the mitted under this paragraph so that the housing impact of the pro- agency that promulgated the rule shall submit to the legislative posed rule is significantly changed, the agency shall prepare a re- council staff a proposed revision of the rule that will bring the 2023-24 Wisconsin Statutes updated through 2025 Wis. Act 137 and through all Supreme Court Orders and Controlled Sub- stances Board Orders filed before and in effect on May 13, 2026. Published and certified under s. 35.18. Changes effective after May 13, 2026, are designated by NOTES. (Published 5-13-26)

9

rule into compliance with sub. (1r). The legislative council sons having an interest in a rule may petition an agency request- staff’s review of the proposed revision is limited to determining ing it to promulgate a rule. whether or not the agency has complied with this subsection. (2) A petition shall state clearly and concisely: (3) Subsections (1r) and (2) do not apply to a rule if the rule, (a) The substance or nature of the rule making requested. or a law under which the rule was promulgated, effective prior to (b) The reason for the request and the petitioners’ interest in November 17, 1983, contains a specification of a time period for the requested rule. review and determination on a permit application. (c) A reference to the agency’s authority to promulgate the re- (4) If an agency fails to review and make a determination on a quested rule. permit application within the time period specified in a rule or (3) Except as provided in sub. (4), within a reasonable period law, for each such failure the agency shall prepare a report and of time after the receipt of a petition under this section, an agency submit it to the department of safety and professional services shall either deny the petition in writing or proceed with the re- within 5 business days of the last day of the time period specified, quested rule making. If the agency denies the petition, it shall setting forth all of the following: promptly notify the petitioner of the denial, including a brief (a) The name of the person who submitted the permit applica- statement of the reason for the denial. If the agency proceeds tion and the business activity for which the permit is required. with the requested rule making, it shall follow the procedures pre- (b) Why the review and determination were not completed scribed in this subchapter. within the specified time period and a specification of the revised (4) If a petition to the department of revenue establishes that time period within which the review and determination will be the department has established a standard by which it is constru- completed. ing a state tax statute, but has not promulgated a rule to adopt the (c) How the agency intends to avoid such failures in the standard or published the standard in a manner that is available to future. the public, the department shall, as provided under s. 227.135, (5) If an agency fails to review and make a determination on a submit a statement of the scope of the proposed rule to the de- permit application within the time period specified in a rule or partment of administration no later than 90 days after receiving law, upon completion of the review and determination for that ap- the petition. No later than 270 days after the statement is ap- plication, the agency shall notify the department of safety and proved by the governor, the department shall submit the proposed professional services. rule in final draft form to the governor for the governor’s ap- (6) (a) An agency’s failure to review and make a determina- proval, as provided under s. 227.185. At the department’s re- tion on a permit application within the time period specified in a quest, the governor or the department of administration may, at rule or law does not relieve any person from the obligation to se- any time prior to the expiration of any deadline specified in this cure a required permit nor affect in any way the agency’s author- subsection, extend the time for submitting the statement or pro- ity to interpret the requirements of or grant or deny permits. posed rule in draft form for any period not to exceed 60 days. The (b) If a court finds that an agency failed to review and make a governor or the department of administration may grant more determination on a permit application within the time period than one extension under this subsection, but the total period for specified in a rule or law, that finding shall not constitute grounds all such extensions may not exceed 120 days. The rule need not for declaring the agency’s determination invalid. adhere to the standard established by the department, but shall History: 1985 a. 182, 332; 1993 a. 52; 1995 a. 27; 1997 a. 27; 2005 a. 249; 2011 address the same circumstances as the standard addresses. If the a. 32; 2017 a. 364. department fails to comply with this subsection, any of the peti- tioners may commence an action in circuit court to compel the 227.117 Review of rules impacting energy availability. department’s compliance. If an action is commenced under this (1) The public service commission shall prepare an energy im- subsection, the court may compel the department to provide in- pact report on any proposed rule if, not later than 30 days after the formation to the court related to the degree to which the depart- public hearing under s. 227.18, the chairperson or ranking minor- ment is enforcing the standard, except that the information pro- ity member of a standing committee, the speaker of the assembly, vided by the department shall not disclose the identity of any per- or the presiding officer of the senate requests in writing that the son who is not a party to the action. commission determine the rule’s impact on the cost or reliability History: 1985 a. 182; 2011 a. 68; 2017 a. 57. of electricity generation, transmission, or distribution or of fuels used in generating electricity. The energy impact report shall in- 227.13 Advisory committees and informal consulta- clude an evaluation and related findings and conclusions on the tions. An agency may use informal conferences and consulta- probable impact of the proposed rule on the cost or reliability of tions to obtain the viewpoint and advice of interested persons electricity generation, transmission, or distribution or of fuels with respect to contemplated rule making. An agency may also used in generating electricity. appoint a committee of experts, interested persons or representa- (2) Within 30 days after the written request is submitted to tives of the public to advise it with respect to any contemplated the public service commission, the commission shall submit a rule making. Such a committee shall have advisory powers only. copy of any energy impact report prepared under sub. (1) to the Whenever an agency appoints a committee under this section, the agency that proposed the rule that resulted in the report. agency shall submit a list of the members of the committee to the (3) An agency that receives an energy impact report under joint committee for review of administrative rules. History: 1985 a. 182; 2017 a. 369. sub. (2), shall consider the energy impact report before submit- ting the notification and report to the legislature under s. 227.19 227.135 Statements of scope of proposed rules. (1) (2) and (3). An agency shall prepare a statement of the scope of any rule that History: 2003 a. 277. it plans to promulgate. The statement shall include all of the