The revisions do not create additional financial burdens and therefore will have no adverse impact on small business.
Summary of Comments of Legislative Committees:
On July 28, 1998, this department transmitted the above rule for legislative committee review. On July 29, 1998 this rule was assigned to the Senate Committee on Business, Economic Development and Urban Affairs. On August 6, 1998, the rule was assigned to the Assembly Committee on Housing. No action taken during the review period by the committees.
On September 3, the Board of Agriculture, Trade and Consumer Protection approved a minor modification to the rule provisions regarding credit checks as a result of contacts received from legislators and members of the Wisconsin credit industry. The department was asked to modify the rule to better identify the types of consumer credit reports for which a landlord may charge a prospective tenant. This rule modification was transmitted to the chairpersons of the above committees on September 4, 1998 for an additional 10 day review period. The department received no comments or requests for hearing during the additional review period from the committees.
2.   Commerce (CR 98-65)
Ch. ILHR 47 - Petroleum Environmental Cleanup Fund.
Summary of Final Regulatory Flexibility Analysis:
The rule has elements that soften the regulatory impact on small businesses. The most significant element of flexibility is the provision that allows more frequent progress payments, under the fund, for the smallest owners and operators. The rule also allows reduced reporting and complexity for sites that are remediated for $80,000 or less. Although not all of these sites will be for small businesses, the provision is expected to apply to many owners and operators who qualify as small businesses. The oral and written hearing comments received did not address significant small business issues.
The rule change should not materially impact the cost of report preparation by small businesses. And, the rule package does not change the total estimated costs and expenses for small businesses. The timing of reimbursement and the manner in which costs are managed, changes, based upon the rule, but the total reimbursement is not impacted.
Summary of Comments of Legislative Standing Committees:
The rules were reviewed by the Assembly Committee on Environment and the Senate Committee on Business, Economic Development, and Urban Affairs. No comments were received.
3.   Commerce (CR 98-109)
Ch. Comm 57, Subch. II - Exemption of accessibility requirements for certain multilevel multifamily dwellings units.
Summary of Final Regulatory Flexibility Analysis:
The rule changes are consistent with the 1997 Wisconsin Act 237 that exempts accessibility regulations for certain multilevel multifamily dwelling units with separate exterior entrances in buildings without elevators. Small housing providers must submit plans and specifications for multilevel multifamily housing to be reviewed for compliance with the construction standards specified in chapter ILHR 66 or chapter ILHR 57, however, the accessibility provisions for this type of housing will not be required.
Summary of Comments of Legislative Standing Committees:
The rules were reviewed by the Assembly Committee on Housing and the Senate Committee on Business, Economic Development and Urban Affairs. No comments were received.
4.   Commerce (CR 98-106)
S. Comm 69.18 - Exemption of elevator access to certain areas within government-owned or operated buildings or facilities.
Summary of Final Regulatory Flexibility Analysis:
The rules establish an exemption for elevator access to certain small areas with low occupancy within government-owned or operated buildings or facilities. The rules give more design flexibility to government agencies when they construct new buildings or facilities or do alterations to existing buildings or facilities.
Summary of Comments of Legislative Standing Committees:
The rules were reviewed by the Assembly Committee on Government Operations and the Senate Committee on Business and Economic Development and Urban Affairs. No comments were received.
5.   Commerce (CR 98-52)
Ch. Comm 87 - Private sewage system replacement or rehabilitation grant program (Wisconsin Fund)
Summary of Final Regulatory Flexibility Analysis:
The rules establish updated grant fund amount tables for private sewage system replacement or rehabilitation. The rules provided for the handling of the 10% allocation of the annual grant fund allocation to be segregated for experimental private sewage system replacement or rehabilitation.
Summary of Comments of Legislative Standing Committees:
The rules were reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Business, Economic Development and Urban Affairs. No comments were received.
6.   Commerce (CR 98-74)
Ch. Comm 115 - Community-Based Economic Development Program.
Summary of Final Regulatory Flexibility Analysis:
No comments or issues were received at public hearings from small businesses.
Summary of Comments:
The rules were reviewed by the Assembly Committee on Small Businesses and Economic Development and the Senate committee on Business, Economic Development and Urban Affairs. No comments were received.
7.   Employe Trust Funds (CR 98-101)
S. ETF 50.48 - Administration of the long-term disability insurance program.
Summary of Final Regulatory Flexibility Analysis:
The proposed rule itself does not directly affect small businesses.
Summary of Comments:
No comments were reported.
8.   Financial Institutions-Securities (CR 98-114)
DFI-Sec Code - Federal covered securities, federal covered advisors and investment adviser representatives.
Summary of Final Regulatory Flexibility Analysis:
No final regulatory flexibility analysis is included on the basis that the Division of Securities has determined, after complying with s. 227.0 16(1) to (5), Wis. Stats., that the proposed rules will not have a significant economic impact on a substantial number of small businesses.
Summary of Comments:
No comments were reported.
9.   Insurance (CR 98-80)
S. Ins 4.10 - Changes in the requirements for the Wisconsin Insurance Plan.
Summary of Final Regulatory Flexibility Analysis:
The Office of the Commissioner of Insurance has determined that this rule will not have a significant economic impact on a substantial number of small businesses and therefore a final regulatory flexibility analysis is not required.
Summary of Comments:
The legislative standing committees had no comments on this rule.
10.   Natural Resources (CR 98-95)
Ch. NR 25 - Commercial fishing for chubs in Lake Michigan.
Summary of Final Regulatory Flexibility Analysis:
This rule would directly affect commercial fishers by expanding winter chub fishing opportunities.
Summary of Comments by Legislative Review Committees:
The rules were reviewed by the Assembly Natural Resources Committee and the Senate environment and Energy Committee. There were no comments.
11.   Natural Resources (CR 98-96)
Ch. NR 46 - Definition of human residence as it pertains to forest tax law landowners
Summary of Final Regulatory Flexibility Analysis:
This rule does not affect small business. Small private forest landowners and forest industries enrolled under the Managed Forest Law will be required to meet the new building specifications on lands entered under the Managed Forest Law after January 1, 1 999 and pay withdrawal penalties when the specifications are exceeded.
Summary of Comments by Legislative Review Committees:
The rules were reviewed by the Assembly Natural Resources Committee and the Senate Environment and Energy Committee. There were no comments.
12.   Natural Resources (CR 97-89)
Ch. NR 140 - Groundwater quality standards.
Summary of Final Regulatory Flexibility Analysis:
The Department does not believe that the proposed rule amendments will have a significant economic impact on a substantial number of small businesses. The compliance and reporting requirements in ch. NR 140 are not changed by the proposed amendments. If a standard is exceeded, the owner or operator of a facility, practice or activity, including any small business, must report the violation to the appropriate regulatory agency. Depending on the type of facility and its activities, e.g., wastewater treatment operation, there may be one or more of the new substances for which a facility may have to monitor and report exceedances and take one or more appropriate responses as required by ch. NR 140.
Summary of Comments by Legislative Review Committees:
The proposed rules were reviewed by the Senate Environment and Energy Committee and the Assembly Natural Resources Committee. On June 11, 1 998, the Senate Committee requested a meeting with the Department, but took no action of the rule. The Assembly Natural Resources Committee held a public hearing and requested the Department to modify the rule. At its August 26, 1998 meeting, the Natural Resources Board removed the health standards for ammonia and retained ammonia as an indicator parameter. A delayed effective date of January 1, 2000 for a health standard for boron and the retention of boron as an indicator parameter until December 31, 1999 was also approved. The revised rule was resubmitted to the Committees.
13.   Natural Resources (CR 95-223)
Chs. NR 419, 500, 518 & 718 - Remediation of soil contamination through landspreading.
Summary of Final Regulatory Flexibility Analysis:
The proposed rule does not create additional regulatory or compliance requirements beyond the existing scope of the NR 700 series. With the exception of increased competition among soil remediation service providers, there are no small business impacts that result from this rule. The rule is intended to maintain a single point of contract, thus streamlining the cleanup process and, in some cases, providing a more cost effective remedy for businesses of all sizes that find themselves responsible for the remediation of petroleum contamination.
Summary of Comments by Legislative Review Committees:
The proposed rules were reviewed by the Assembly Natural Resources Committee and the Senate Environment and Energy Committee. On August 5, 1998, the Assembly Natural Resources Committee held a public hearing. there were no recommendations made as a result of the public hearing.
14.   Optometry Examining Board (CR 98-75)
Opt Code - Credential applications and examination requirements for individuals applying for a license to practice optometry.
Summary of Final Regulatory Flexibility Analysis:
These proposed rules will have no significant economic impact on small businesses, as defined in s. 227.114 (1) (a), Stats.
Summary of Comments:
No comments were reported.
15.   Pharmacy Examining Board (CR 98-16)
Phar Code - Pharmacists and pharmacies.
Summary of Final Regulatory Flexibility Analysis:
The proposed rules will have no significant economic impact on small businesses, as defined in s. 227.114 (1)(a), Stats.
Summary of Comments:
No comments were reported.
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