Final Regulatory Flexibility Analyses
Ch. Adm 19 - Small cities community development block grants for housing.
Summary of Final Regulatory Flexibility Analysis:
Pursuant to s. 227.114, Stats., the rule herein is not expected to negatively impact on small businesses.
Summary of Comments:
No comments were reported.
Ch. DE 1, 2 & 6 - Dentists and dental hygienists.
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.
Ch. HFS163 — Relating to certification for the identification, removal and reduction of lead-based paint hazards, accreditation of training courses that prepare individuals for certification, and approval of training course managers, principal instructors and guest instructors.
Summary of Final Regulatory Flexibility Analysis:
These rules will affect small businesses as defined in s. 227.1 14(1)(a), Stats. Almost all the changes are being made so that the Department will meet U.S. Environmental Protection Agency (EPA) conditions for authorization and approval of the Department's lead (Pb) certification and training program. They are EPA requirements. The certification and accreditation fees have been established by the Department to cover program costs, and some of them are being amended by this order.
Certification of lead (Pb) companies is a new requirement because EPA requires it. Of the 200 non-government lead (Pb) companies currently identified by the Department. an estimated 75 % have fewer than 25 employes. Lead company certification fees were established at $50, which is just sufficient to cover the administrative costs of certification.
The certification fee for nongovernment lead risk assessors is reduced because most are self-employed and have difficulty recovering the cost.
Seven training providers offer accredited courses in this state. Four are small businesses, 2 providing training on a limited basis and 2 providing a full range of courses. The current rules provide for a one-time course accreditation application fee of $750 per initial course and $250 per refresher course. The revised rules reduce the one-time course accreditation application fee to $500 per initial course and $125 per refresher course, and require reaccreditation of a course every 2 years and payment of an accreditation fee of $500 per initial course and $250 per refresher course for each 2-year accreditation period.
Within the flexibility allowed by EPA regulations, the Department developed rules that would cause minimal difficulty for small businesses. Forms collect the minimum information needed to support the program, and approved alternative forms may be used. Certification, accreditation, approval and training time periods (terms) were established that would be as simple and easy to track as allowed under EPA regulations.
During public review of the proposed rules, concerns were expressed by small businesses (a landlord, a lead consultant, a lead companies association representative) about the availability and cost of liability insurance for lead claims and insurance coverage. The Department's s response to these concerns in part is that it will work with the Department of Commerce Small Business Ombudsman to bring the insurance issues to the attention of the Commissioner of Insurance.
Summary of Comments of Legislative Standing Committees:
No comments were received.
S. HFS 94.24 - Searches of the persons and of the rooms and personal belongings of patients residing in a secure mental health unit under s. 980.065, Stats., or the maximum security facility at the Mendota mental health institute.
Summary of Final Regulatory Flexibility Analysis:
The amendments to s. HFS 94.24 (2) apply to the Department, to the management and staff of the Wisconsin Resources Center and the Mendota Mental Health Institute and to the affected patients at the two facilities. The rules do not directly apply to small businesses as “small business” is defined in s. 227.114 (1) (a), Stats.
Ch. NR 16, Subch. 2 - Natural waters as fish farms.
Summary of Final Regulatory Flexibility Analysis:
At present, there are 40-50 natural water bodies that are being used as fish farms. In order to continue this use, the fish farmers will need to obtain a permit from the Department. There is no reporting requirement for this permit. The information requested of the applicant is minimal and will be used by the Department in combination with on-site visits to make a determination regarding adverse impacts to public or private rights in the natural body of water. Small businesses cannot be exempt from this rule; however, natural waters that are currently being used as fish farms do not need an initial determination by the Department. This saves the fish farmer $450, since the Department already permitted the use under the 1997 private fish hatchery license.
Summary of Comments of Legislative Review Committees:
The rules were originally reviewed by the Senate Committee on Environment and Energy and the Assembly Committee on Agriculture. The Assembly Committee extended their review period to meet with the Department. No further action was taken. On November 9, 1 998, the Senate Committee on Environment and Energy requested the Department to modify the rule by reducing the fee for applications for the use of freeze-out ponds as fish farms, requiring the Department to issue a notice of its intent to use a natural pond for a hatchery, to hold a public hearing if any substantive objection was raised to the Department's notice and that the Department use be reviewed on a 10-year basis.
The Natural Resources Board adopted modifications regarding the Department's use of natural bodies of water for fish rearing. The Board declined to lower the fee for applications for the use of freeze-out ponds as fish farms.
The modifications were submitted to the Assembly Committee on Agriculture and the Senate Committee on Agriculture, Environmental Resources and Campaign Finance Reform. The Committees did not comment on the proposed modifications.
S. NR 25.06 (2)(e)2. - Commercial fishing for whitefish in Green Bay and Lake Michigan.
Summary of Final Regulatory Flexibility Analysis:
The proposed rule will affect commercial fishers for whitefish. No additional reporting monitoring requirements are imposed. The allowable commercial harvest is increased. The maximum depth at which pound nets and trap nets may be set is also increased.
Summary of Comments by Legislative Review Committees:
The rule was reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Agricultural, Environmental Resources and Campaign Finance Reform. There were no comments.
Chs. RL 140-142 - Registration of music, art and dance therapists.
Summary of Final Regulatory Flexibility Analysis:
The proposed rules will have no significant economic impact on small business, as defined in s. 227.114 (1)(a), Stats.
Summary of Comments:
No comments were reported.
7.
Technical College System Board
(CR 98-104)
Chs. TCS 6 to 9 - Procurement policies and procedures; district budget, audit and finance; contracts for services; and district reporting of student participation in compulsory school attendance, post-secondary options and technical preparation programs.
Summary of Final Regulatory Flexibility Analysis:
The proposed rules will have no significant economic impact on small businesses.
Summary of Comments:
No comments were reported.
S. Trans 510.05 - Eligibility of TEA projects.
Summary of Final Regulatory Flexibility Analysis:
This proposed rule will benefit many small businesses eligible under the TEA grant program. Small businesses such as manufacturers, wholesalers, distributors, etc., will be eligible to apply for needed infrastructure projects which promote better traffic circulation, improve accessibility to highway, rail, harbor and airport facilities and help to improve the overall transportation efficiency for the business and the local community.
Summary of Comments:
No comments were reported.
S. Trans 305.27 (3)(a) - Vehicle restraining devices.
Summary of Final Regulatory Flexibility Analysis:
This proposed rule will have no adverse impact on small businesses.
Summary of Comments:
No comments were reported.
Ch. Trans 300 - School bus equipment standards.
Summary of Final Regulatory Flexibility Analysis:
This proposed rule will have no adverse impact on small businesses.
Summary of Comments:
No comments were reported.
E x e c u t i v e O r d e r s
The following is a listing of recent Executive Orders issued by the Governor.
Executive Order 365. Relating to the Creation of the Governor's Blue Ribbon Task Force on Passenger Rail Service.
Executive Order 366. Relating to Issuance of General Obligation Bonds for the Veterans Home Loan Program and Appointment of Hearing Officer.
Executive Order 367. Relating to the Amendment of Executive Order No. 365.
P u b l i c N o t i c e
Public Notice
Workforce Development
On the next page see a revised Child Care Co-Payment Schedule authorized under s. DWD 56.08, Wis. Adm. Code. The rule provides that adjustments to the Co-Payment Schedule shall be published in the Administrative Register. The newest adjustments to the schedule reflect changes in the Federal Poverty Guidelines. The new copay schedule will be effective on May 2, 1999.
