ERRATA
Items reprinted to correct printing errors such as dropped copy (or other errors) are indicated in the following listing:
Natural Resources:
(Fish, Game, etc., Chs. NR 1--)
Ch. NR 46
S. NR 46.30 (entire section) reprinted to correct table titles.
Final Regulatory Flexibility Analyses
Ch. Comm 111 - Certified Capital Companies.
Summary of Final Regulatory Flexibility Analysis:
The Department received substantial input on the rules and modified the rules based on that input to accommodate the recommendations and suggestions.
Summary of Comments of Legislative Standing Committees:
The rules were reviewed by the Assembly Committee on Financial Institutions and the Senate committee on Economic Development, Housing, and Government Operations. No comments were received.
Ch. DOC 309 - Inmate access to legal materials and legal services.
Summary of Final Regulatory Flexibility Analysis:
This proposed rule is not expected to impact on small businesses as defined in s. 227.114 (1)(a), Stats.
Summary of Comments:
No comments reported.
3.
Employment Relations Commission
(CR 99-104)
Ch. ERC 33 - School district professional employe collective bargaining agreements and the calculation of a qualified economic offer.
Summary of Final Regulatory Flexibility Analysis:
Proposed rule affects collective bargaining with school district professional employes and does not impact small business.
Summary of Comments:
No comments were reported.
Ch. NR 132 - Regulation of metallic mineral mining.
Summary of Final Regulatory Flexibility Analysis:
Typically, companies involved in metallic mineral mining projects in Wisconsin have been large corporations. Given the cost intensive nature of mineral exploration and development activities, permitting and regulatory compliance, and project construction, it is unlikely that any small business would be capable of successfully developing a mining project in Wisconsin.
Summary of Comments by Legislative Review Committees:
The proposed rules were reviewed by the Assembly Environment Committee and the Senate Committee on Agriculture and Environmental Resources. On December 9, 1997, the Senate Committee held a public hearing. As a result of that hearing, the Committee requested modifications to s. NR 132.085(5) to establish a minimum level of funding of a trust fund to be $2 per ton of mining waste disposed of or backfilled in the mining operation and specifying in s. NR 132.085(5)(b) a standard for identifying worst case preventive or remedial measures that better protects public health and welfare and the environment.
At its January, 1999 meeting the Natural Resources Board modified the order to include the concept of a minimum amount of a trust fund. While a specific standard for identifying worst case measures was not incorporated, the pertinent provision of the rule was revised to clarify the manner in which costs and the level of funding will be considered.
On February 22, 1999, the Senate Committee on Agriculture, Environmental Resources and Campaign Finance Reform requested further modifications. The Committee requested that the fund be adequate to fund all worst case remedial and preventive measures that are “possible”. Second, the Committee recommended that the fund be fully capitalized very early in the life of a mining project, potentially prior to construction.
At its June, 1999 meeting, the Natural Resources Board modified the rule to clarify the intent, but with the requirement that the occurrence must have a “reasonable possibility” of occurring. Also, a provision was added requiring the permittee to post a secondary form of financial surety to supplement the trust fund during the operational phase of a mining project.
On July 22, 1999, the Senate Committee on Agriculture, Environmental Resources and Campaign Finance Reform objected to portions of s. NR 132.085(5)(a) and (b). The Joint Committee for Review of Administrative Rules did not hold a hearing on the objection.
Chs. NR 200 and 206 - WPDES permit exemptions for private sewage systems with a design capacity of less than 12,000 gallons per day.
Summary of Final Regulatory Flexibility Analysis:
DNR already has regulatory responsibility over owners of large scale private systems and can issue discharge permits to these owners without administrative rule revisions. Under the terms of the 1991 Interagency Memorandum of Understanding between DNR and Commerce, DNR has only issued permits to municipally owned large systems and refrained from issuing permits to private systems. Pursuant to the new agreement, nonmunicipal (privately owned) systems may be subject to the same DNR permit requirements as municipally owned systems such as additional monitoring and reporting.
Summary of Comments by Legislative Review Committees:
The rules were reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Agriculture, Environmental Resources and Campaign Finance Reform. On October 13, 1999, the Assembly Committee on Natural Resources extended their review period for 30 days. The Department was not contacted during this period for any additional information.
Chs. NR 105, 106, 211 and 215 - Regulating the discharge of chloride to surface waters of the state.
Summary of Final Regulatory Flexibility Analysis:
Costs associated with the chloride rule are difficult to determine due to the case-by-case nature of implementation. For example, source reduction measures that would be indicated for one vegetable processing facility may not be at all applicable for another vegetable processor, even though they are both in the same discharge category. It should be noted that plant efficiency implementations invariably result from undertaking source reduction programs intended for improving effluent quality. That is to say, while there may be some capital expenditures for gaining compliance with effluent limitations, the “investment” is typically paid back quickly. This is the other reason why it is difficult to determine costs associated with the chloride rule.
Summary of Comments by Legislative Review Committee:
The proposed rule was reviewed by the Assembly Committee on Environment and the Senate Committee on Agriculture, Environmental Resources and Campaign Finance Reform. On October 14, 1999, the Assembly Committee on Environment extended the review period for 30 days. However, the Department was not contacted for any further information.
Ch. NR 169 - Reimbursement of response action costs for response actions taken at eligible dry cleaning facilities.
Summary of Final Regulatory Flexibility Analysis:
The Department anticipates that this rule will provide economic relief to small dry cleaning businesses because eligible costs that they now would incur cleaning up environmental contamination may be eligible for reimbursement from this fund when moneys are available.
Summary of Comments by Legislative Review Committees:
The rule was reviewed by the Assembly Committee on Environment and the Senate Committee on Agriculture, Environmental Resources and Campaign Finance Reform. There were no comments.
Chs. NHA 1 & 4 - Experience and reciprocity.
Summary of Final Regulatory Flexibility Analysis:
This proposed rule is not expected to impact on small businesses as defined in s. 227.114 (1)(a), Stats.
Summary of Comments:
No comments reported.
9.
Podiatrists Affiliated Credentialing Board
(CR 99-38)
Chs. Pod 1 to 6 - Regulation and licensure of podiatrists.
Summary of Final Regulatory Flexibility Analysis:
This proposed rule is not expected to impact on small businesses as defined in s. 227.114 (1)(a), Stats.
Summary of Comments:
No comments 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 386. Relating to the Proclamation of an Energy Emergency.
Executive Order 387. Relating to the Creation of the Governor's Task Force on Racial Profiling.
Public Notices
Public Notice
Dept. of Agriculture, Trade and Consumer Protection
