This fee hike for larger businesses could not be justified based on compliance rates. Experience has shown that most staff time is spent, and most compliance problems arise, in smaller shops. The current $80 fee is small relative to the total charges for air conditioning work by repair and servicing shops, and is small compared to the investment in equipment. Therefore, department staff concluded that the current annual registration fee is the most appropriate approach.
Record Keeping Requirements
The rule creates certain record-keeping requirements for repair businesses and refrigerant suppliers. The rule provides considerable flexibility to businesses in terms of how the information is kept. In most cases, work orders, purchase records or sales records may be used to comply with record-keeping requirements. These are types of records that are already maintained by businesses. In other cases, a simple repair log will suffice. The rule also recognizes repair order forms and invoices used by the automotive repair industry throughout the state to comply with ch. ATCP 132, Wis. Adm. Code, relating to motor vehicle repair. The rule was also revised to reduce these record-keeping requirements from three years to two years. Therefore, the rule does not impose any significant paperwork requirements on small businesses.
Summary of Comments:
The rule was referred to the Senate Committee on Transportation, Agriculture and Local Affairs on November 22, 1995, and to the Assembly Committee on Environment and Utilities on November 29, 1995. The Department received no comments from either committee.
5.
Chiropractic Examining Board
(CR 95-4)
Ch. Chir 5 - Requirements for continuing chiropractic education for chiropractors, and specifying criteria for approval of programs for continuing education credit.
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.
Ch. HSS 343 - Youth aftercare conduct and revocation.
Summary of Final Regulatory Flexibility Analysis:
These rules will not affect small businesses as “small business” is defined in s. 227.114 (1) (a), Stats. The rules apply to the Department, to county departments of social services and human services and to youth on aftercare supervision following their release from juvenile institutions.
Summary of Comments:
No comments were reported.
S. HSS 110.145 - Qualifications of ambulance service medical directors.
Summary of Final Regulatory Flexibility Analysis:
These rules will not have a significant economic impact on a substantial number of small businesses. Fewer than 25 of the 400 or so ambulance service companies in the state providing services beyond basic life support are small businesses. The qualifications established in the rules are minimal. One of the two is already met by all current medical directors. The other is not burdensome.
Summary of Comments:
No comments were reported.
8.
Industry, Labor & Human Relations
(CR 95-172)
Ch. ILHR 272 - Minimum wage.
Summary of Final Regulatory Flexibility Analysis:
The rules do not impose new compliance or reporting requirements on small businesses.
Summary of Comments of Legislative Standing Committees:
No comments were received.
SS. Ins 6.57 (4), 6.58 (5) and 6.59 (4) - Fees for listing insurance agents, fees for the renewal of corporation licenses and other licensing procedures.
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 of Legislative Standing Committees:
The legislative standing committees had no comments on this rule.
Ch. NR 203 - Changes to public notice procedures for nonsubstantive WPDES permit modifications.
Summary of Final Regulatory Flexibility Analysis:
Because of the nature of the changes to ch. NR 203, there will be no adverse impact to small businesses. Although certain small businesses may be covered by WPDES permits, the rule change does not result in more stringent reporting requirements or the imposition of additional schedules or deadlines for small businesses, unless they agree with the changes. The code revision will allow permittees and the Department to save time, money and paperwork.
Summary of Comments by Legislative Review Committees:
The rules were reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Environment and Energy. There were no comments.
Chs. NR 149, 219 and 700 - Laboratory certification and registration, sample preservation procedures, analytical methodology and laboratory procedures.
Summary of Final Regulatory Flexibility Analysis:
Approximately 10 - 15% of the regulated laboratories would fit the definition of “small business”. The proposed amendments to chs. NR 219 and 700 are not anticipated to have a significant economic impact on a small business. The proposed amendments to ch. NR 149 are expected to have varied economic impacts on a small business, but only the requirement to report all analytical data down to the limit of detection was identified as having a significant economic impact. The proposed amendments do not include exemptions, less stringent reporting requirements or alternate schedules for compliance for a small business. The purpose of the rule is to ensure that all regulated laboratories follow certain minimum quality control requirements in order to generate consistent and reliable data. A less stringent requirement for small commercial laboratories would not be consistent with the reporting requirements for the other types of laboratories and, therefore, would defeat the purpose of these amendments.
Summary of Comments by Legislative Review Committees:
The rules were reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Environment and Energy. There were no comments.
Ch. NR 51 - Stewardship program.
Summary of Final Regulatory Flexibility Analysis:
The revisions to ch. NR 51 affect program administration and will not have a significant economic impact on small businesses. Therefore, a final regulatory analysis is not required.
Summary of Comments by Legislative Review Committees:
The rules were reviewed by the Senate Committee on Environment and Energy and the Assembly Committee on Natural Resources. On November 19, 1995, the Assembly Committee on Natural Resources held a public hearing. The Committee asked for modifications to s. NR 51.03 (11) regarding the department's access to property on which an easement is acquired with a stewardship grant and to s. NR 51.04 (2) regarding when a nonprofit conservation organization must provide evidence to the department that is has the financial capacity and ability to acquire property and provide for its long-term management and care. The modifications were approved by the Natural Resources Board and incorporated into the rule.
Ch. NR 750 - Assessment and collection of fees and the establishment of application and review procedures for the contaminated lands recycling program.
Summary of Final Regulatory Flexibility Analysis:
The proposed rule establishes procedures and criteria for the application and collection of fees for those parties interested in receiving a liability exemption in exchange for a thorough investigation and cleanup of environmental contamination associated with their property. Since this is an elective program, the Department expects no negative impacts on small businesses.
Summary of Comments by Legislative Review Committees:
The rules were reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Environment and Energy. There were no comments.
S. NR 1.40 (2) - Natural Resources Board policies for land acquisition.
Summary of Final Regulatory Flexibility Analysis:
The proposed rules do not regulate small businesses; therefore, a final regulatory flexibility analysis is not required.
Summary of Comments by Legislative Review Committees:
The rules were reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Environment and Energy. There were no comments.
S. NR 728.11 - Actions taken by DNR to implement chs. NR 700 to 736.
Summary of Final Regulatory Flexibility Analysis:
The requirements for responding and addressing discharges of hazardous substances are not changed by this rule amendment. The responsible party and/or property owner for a site is still required to restore the environment to the extent practicable. However, under this rule some lower priority sites will be placed on hold with no further enforcement action initiated until adequate staff resources become available.
Summary of Comments by Legislative Review Committees:
The rules were reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Environment and Energy. There were no comments.
Ch. NR 10 - 1995 Migratory game bird season.
Summary of Final Regulatory Flexibility Analysis:
The rules pertain to individual hunters; therefore, a final regulatory flexibility analysis is not required.
Summary of Comments by Legislative Review Committees:
The rules were reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Environment and Energy. There were no comments.
Chs. NR 50 & 190 - Outdoor recreation snowmobile and lake planning grants.
Summary of Final Regulatory Flexibility Analysis:
The proposed rules do not regulate small businesses; therefore, a final regulatory flexibility analysis is not required.
Summary of Comments by Legislative Review Committees:
The rules were reviewed by the Assembly Committee on Tourism and Recreation and the Senate Committee on Environment and Energy. There were no comments.
SS. NR 1.21, 1.212 & 1.213 - Administration of private forestry assistance.
Summary of Final Regulatory Flexibility Analysis:
The proposed rules do not regulate small businesses; therefore, a final regulatory flexibility analysis is not required.
Summary of Comments by Legislative Review Committees:
The rules were reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Environment and Energy. There were no comments.
