Effective 12-01-96.
Final Regulatory Flexibility Analyses
1.
Agriculture, Trade & Consumer Protection
(CR 96-2)
Ch. ATCP 50 - Soil and water resource management.
Summary of Final Regulatory Flexibility Analysis:
The proposed rule repeals and recreates ch. ATCP 50, Wis. Adm. Code, interpreting ch. 92, Stats., regarding the state's soil and water resource management program. The proposed rule incorporates changes to ch. 92, Stats., made by 1991 Wis. Act 309. It also incorporates changes being made by the department to reduce application, reporting and other paperwork requirements imposed on county land conservation committees.
The proposed rule for the soil and water resource management program will have a small affect on some small businesses in Wisconsin. The types of businesses affected include: farmers and other landowners and land users who receive notices of discharge through the regulatory animal waste management program under ch. NR 243, Wis. Adm. Code; farmers and other landowners and land users in counties, cities, villages and towns that adopt shoreland management ordinances under ss. ATCP 50.34 and 50.112; farmers and other landowners and land users in counties who participate in the program and receive grants from the department; and agricultural cooperatives and other agribusinesses that select to participate in nutrient management planning and implementation activities under ss. ATCP 50.38 (3) and 50.102.
All farmers, landowners and other land users affected by this rule will be affected in a positive manner. More state funds will be made available to farmers, landowners and land users who meet the economic hardship provisions spelled out in the rule. In addition, the proposed rule adds several new conservation practices to the list of those eligible for funding. Farmers and other landowners and land users in counties who participate in the soil and water resource management program and receive grants from the department are eligible for funding of these new practices, making it easier for them to reach their conservation goals.
Agricultural cooperatives and other agribusinesses that elect to participate in nutrient management planning under s. ATCP 50.102 will be affected by the proposed rule. Their participation, however, is totally voluntary and at their discretion. The proposed rule encourages state and local units of government to work with and through agribusinesses and agricultural cooperatives to provide nutrient management planning and implementation services to farm operations. Funds may be used for soil testing, the nutrient analysis of manure and other organic matter, and for nutrient management planning. If they choose to participate, agricultural cooperatives and other agribusinesses could expand their economic opportunities by providing these services rather than providing only agricultural goods to farmers.
The proposed rule requires no unusual or additional reporting, record-keeping or other procedures of the affected small businesses. Farming operations affected by the rule will have to maintain financial records for all expenditures for which they will claim reimbursement from their grant, or with which they meet their share of the costs. These records will have to be reported to the department or to county land conservation departments on forms provided by the department along with receipts and other proofs of payment. This has been standard procedure for all soil and water resource management grant recipients, including small businesses, under the current rule. To accommodate small business participation, technical assistance is provided at the local level and forms are simplified.
There are no professional skills required of small businesses affected by the general grant provisions of the rule. If agricultural cooperatives and other agribusinesses elect to participate in nutrient management planning activities, their staff will have to be technically capable of preparing nutrient management plans, testing soil and analyzing manure and other organic matter for nutrients.
The requirements and procedural provisions of the proposed rule have minimal impact on small businesses. The rule will help in the state's efforts to improve water quality and prevent soil erosion. The proposed rule impacts small businesses primarily in a beneficial manner by providing more state funds to them to help offset the cost of required activities and to encourage participation in discretionary activities.
Summary of Comments from Legislative Committees:
The rule was referred to the Senate Committee on Agriculture, Transportation, Utilities and Financial Institutions on August 14, 1996 and to the Assembly on Agriculture on August 15, 1996. The department received no comments or requests for hearings from either committee.
Chs. NR 200 & 205 - Electronic submission of WPDES permit applications and monitoring data.
Summary of Final Regulatory Flexibility Analysis:
The changes proposed by these rule revisions are intended to made data submittal more efficient. These rule revisions do not require electronic data submittal as the only way to provide information; rather these rule revisions are intended to create flexibility in data submission by allowing another option, electronic submittal, for required data.
Summary of Comments by Legislative Review Committees:
The rules were reviewed by the Assembly Natural Resources Committee and the Senate Environmental Resources and Urban Affairs Committee. There were no comments.
S. PD 3.039 - Redetermination of indigency during the course of representation.
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.
S. PD 2.03 - The procedures for assignment of counsel.
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. RL 128 - Continuing education requirements by registered auctioneers.
Summary of Final Regulatory Flexibility Analysis:
The rule draft which was submitted to the Rules Clearinghouse did not contain any flexibility for persons licensed in another licensing jurisdiction. The new draft does provide flexibility by requiring the department to accept education which is acceptable to another jurisdiction in which the person is licensed.
The required education is a one-time 9-hour requirement which is needed to assure that all registered auctioneers understand the laws which pertain to the practice of auctioneers. It is not appropriate to grant exemptions from the education to those who have practiced for many years as an auctioneer or to give credit for real estate courses or appraisal courses. Those practicing as auctioneers in Wisconsin must know and comply with the laws which pertain to auctioneers.
At this time there is insufficient evidence that this education requirement should entail continuing education every 2 years into the distant future.
Summary of Comments:
No comments were reported.
S. SEC 2.01 - Designating alternative accounting guidelines for the preparation of financial statements for certain governmental issuers of securities.
Summary of Final Regulatory Flexibility Analysis:
No final regulatory is required because the rules relate solely to municipal/governmental securities issuers and do not impact small businesses.
Summary of Comments:
No comments were reported.
7.
Social Workers, Marriage and Family Therapists and Professional Counselors
(CR 96-34)
SS. SFC 2.01 & 3.13 - Social Worker training certificates.
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 comment were reported.
S. Trans 276.07 (4) - Allowing the operation of double bottoms and certain other vehicles on certain specified highways.
Summary of Final Regulatory Flexibility Analysis:
The provisions of this proposed rule adding highway segments to the designated system have no direct adverse effect on small businesses, and may have a favorable effect on those small businesses which are shippers or carriers using the newly-designated routes.
Summary of Comments:
No comments were reported.
The State of Wisconsin
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