Under Chapter 98, Wisconsin Statutes, each municipality of more than 5,000 is charged with enforcing weights and measures laws within their respective jurisdictions. To the extent that these municipalities are enforcing chs. ATCP 90, ATCP 91, and ATCP 92, there should be no fiscal effect on them, as the amendments impose no additional responsibilities. The adoption of the proposed rule revisions will have no state or local fiscal effect.
Initial Regulatory Flexibility Analysis
Proposed chs. ATCP 90, ATCP 91, and ATCP 92, Wis. Adm. Code (Fair Packaging and Labeling, Methods of Sale of Commodities, Weighing and Measuring Devices)
The Department's proposed rule amendments will have an impact on some retailers of various commodities. Many of these retailers are small businesses, as defined by s. 227.114 (1) (a), Stats.
In the area of marketing fruits and vegetables, the proposals increase the number of fruits and vegetables which can be sold by count rather than weight. And pizza, made to order for the customer, may be sold by weight or count under the new rules. As a result, some small businesses that might have had to buy and use scales under the current rules will not have to under the proposed rules, thereby decreasing their costs.
In the area of ready-to-eat foods, the proposals decrease the number of commodities that must be sold by weight, once again decreasing the costs of doing business for retailers of these products.
The proposed creation of packaging and labeling requirements on liquefied petroleum gas in portable cylinders should have little impact, since these standards have already been in existence in the marketplace for some time.
The remaining provisions of the proposed amendments to chs. ATCP 90, ATCP 91, and ATCP 92 should have no significant effect on small business.
The Division anticipates a period of education and information to assist business in compliance with the new revisions.
The essence of the three rules and the proposed amendments is to protect the consumer from unfair trade practices while also providing a level playing field for good businesses to prosper. The revisions do not create additional financial burdens and therefore are not expected to have an adverse impact on small business.
Notice of Public Hearings
Natural Resources
(Environmental Protection--
Air Pollution Control, Chs. NR 400--)
Notice is hereby given that pursuant to ss. 227.11 (2) (a), 285.11 (1) and 285.30 (2), Stats., interpreting ss. 285.11 (6) and 285.30 (2), Stats., the Department of Natural Resources will hold public hearings on revisions to Tables 1 and 3 of s. NR 485.04, Wis. Adm. Code, relating to emission limitations for motor vehicles.
Analysis
These limitations are used in the state's motor vehicle emission inspection and maintenance (I/M) program, which is operating in seven southeastern Wisconsin counties (Kenosha, Milwaukee, Ozaukee, Racine, Sheboygan, Washington, and Waukesha).
Under the current rule, the final phase of motor vehicle emission limitations is scheduled to go into effect on December 1, 1997. Currently, less restrictive limitations are in effect through November 30, 1997. The proposed rule will relax the current rule's final phase of motor vehicle emission limitations for certain categories of 1986 and earlier model year vehicles. The proposed rule will also postpone by one year the effective date for the current rule's final phase of motor vehicle emission limitations for other 1990 and older model year vehicles subject to the I/M program. Finally, the proposed rule will add a new set of fast-pass emission limitations which will apply to some model year 1994 and newer vehicles.
Fiscal Estimate
Notice is hereby further given that pursuant to s. 227.114, Stats., the proposed rule may have an impact on small businesses. The initial regulatory flexibility analysis is as follows:
a. Types of small businesses affected: Any small business in southeastern Wisconsin which owns or repairs motor vehicles subject to the I/M program.
b. Description of reporting and bookkeeping procedures required: No new procedures.
c. Description of professional skills required: No new skills.
Environmental Assessment
Notice is hereby further given that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code; however, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. The environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.
Hearing Information
Notice is hereby further given that the hearings will be held on:
November 11, 1997 Council Chambers
Tuesday Sheboygan City Hall
at 1:00 p.m. 828 Center Ave.
SHEBOYGAN, WI
November 12, 1997 Education Center
Wednesday Havenswoods State Forest
at 10:30 a.m. 6141 N. Hopkins
MILWAUKEE, WI
Notice is hereby further given that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of information material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Christopher Bovee at (608) 266-5542 with specific information on your request at least 10 days before the date of the scheduled hearings.
Written Comments
Written comments on the proposed rule may be submitted to:
Mr. Christopher Bovee
Bureau of Air Management
P.O. Box 7921
Madison, WI 53707
Written comments must be received no later than November 24, 1997, and will have the same weight and effect as oral statements presented at the hearings.
Copies of Rule and Fiscal Estimate
A copy of proposed rule No. [AM-29-97] and its fiscal estimate may be obtained from:
Proposed Rules
Phone: (608) 266-7718
FAX: (608) 267-0560
Bureau of Air Management
P.O. Box 7921
Madison, WI 53707
Fiscal Estimate
Summary of rule:
The final phase of motor vehicle emission limitations (“final cutpoints”) in ch. NR 485, Wis. Adm. Code, is scheduled to go into effect on December 1, 1997. These cutpoints are to be used in the state's motor vehicle emission inspection and maintenance (I/M) program, which is operating in seven southeastern Wisconsin counties. Currently less restrictive cutpoints are in effect through November 30, 1997. The proposed rule will relax the final cutpoints for some categories of 1990 and older model year vehicles and postpone by one year the effective date for the final cutpoints for the remaining 1990 and older vehicles. This rule is being postponed because recent technical information indicates that many older vehicles cannot reasonably maintain a level of emissions which would comply with the final cutpoints in the current rule. The proposed rule will also add a new set of fast-pass cutpoints to ch. NR 485.
Fiscal impact:
The proposed rule is not expected to change the state's costs for administering the I/M program; however, the proposed rule is expected to change the state and local government costs for repairing the vehicles that fail the I/M program's emissions test. Under the proposed rule, the percentage of government vehicles that would fail the test would be less than the percentage that would fail under the “final cutpoints” in the current rule, but more than the percentage that are currently failing. As shown in the table following, over the three year period starting December, 1997, the annual repair costs under the proposed rule are estimated to exceed the current repair costs by $4,000 to $5,000 for all state government ($800 to $1,000 for DNR) and by $15,000 to $20,000 for all local governments. Under the current rule, after the final cutpoints go into effect on December 1, 1997, the annual repair costs over the next three years are estimated to exceed current costs by $6,500 to $10,000 for all state government ($1,500 to $2,000 for DNR) and by $25,000 to $40,000 for all local governments. Thus, the proposed rule will increase costs relative to current costs, but will decrease costs relative to future costs under the current rule.
Improved vehicle fuel efficiency resulting from the repairs may offset some of these increased costs; thus, these costs estimates likely overestimate the actual costs.
Estimated Increases in Annual Repair Costs and
Estimated Increases in Failure Percentages for
Government Vehicles
|
|
Dec-97 to Nov-98
|
Dec-98 to Nov-99
|
Dec-99 to Nov-00
|
All State Government
|
Current Rule
Proposed Rule
|
$10,000 (8%)
$4,000 (3%)
|
$9,000 (7%)
$5,000 (4%)
|
$6,500 (5%)
$5,000 (4%)
|
DNR
|
Current Rule
Proposed Rule
|
$2,000 (8%)
$800 (3%)
|
$2,000 (7%)
$1,000 (4%)
|
$1,500 (5%)
$1,000 (4%)
|
All Local Governments
|
Current Rule
Proposed Rule
|
$40,000 (8%)
$15,000 (3%)
|
$35,000 (7%)
$20,000 (4%)
|
$25,000 (5%)
$20,000 (4%)
|
Notes:
1. The current estimated annual repair costs are $6,500 for all state government ($1,500 for DNR) and $25,000 for all local governments. The current failure rate for government vehicles is approximately 5%.
2. The cost estimates assume an average repair cost of $180 for vehicles failing the emissions test and assume that the number of vehicles tested per year is 700 for all state government (150 for DNR) and 2800 for all local governments. No fuel efficiency improvements from the repairs is assumed, so the cost estimates likely overestimate actual costs.
Long-range fiscal implications:
After November, 2000, the increased annual repair costs (relative to current costs) under the proposed rule are expected to be no more than $5,000 for all state government ($1,000 for DNR) and no more than $20,000 for all local governments.
Notice of Submission of Proposed Rules to the Presiding Officer of each House of the Legislature, Under S. 227.19, Stats.
Please check the Bulletin of Proceedings for further information on a particular rule.
Ch. Adm 66 - Relating to financial qualifications of manufactured home dealer license applicants.
Chs. Adm 67 and Trans 141 - Relating to manufactured home dealer trade practices, facilities and records.
Ch. Adm 68 - Relating to length, expiration date and fee for licenses issued to manufactured and mobile home dealers and salespeople and for registration plates issued to dealers.
