Comm 47 Code Changes in the Environmental and Regulatory Services Division

On September 1, 2007, the ERS Division formally updated its schedule of usual and customary costs, which establishes maximum reimbursement rates for cleanup of sites contaminated by petroleum products. This schedule is required by chapter 101, Wis. Stats., and is typically used wherever maximum reimbursement rates are not established through competitive public bidding.

The September 1 changes to the schedule include adding maximum reimbursement rates for some new tasks that previously were not addressed by the schedule. These new reimbursement maximums, in effect, impose requirements that meet the definition of a rule under Chapter 227, Wis. Stats. However, since these requirements are established through the schedule, which is a form, the department was able to promulgate the update through an expedited rule development process that is authorized under 227.23, Wis. Stats. By using this expedited process, the department was able to implement the update in about half the time that would have been needed if the department had used the usual rule promulgation process. Implementing the update more quickly allowed the department to better meet its statutory charge to have the schedule reflect current, actual costs.

-- Bernie Mattsson