Summary of Final Regulatory Flexibility Analysis:
The proposed changes to ATCP 29 and ATCP 40, Wis. Adm. Code will have minor but positive effects on small businesses that sell or use fertilizers or pesticides in Wisconsin.
Businesses Affected:
Currently all manufacturers and labelers of pesticides used in agricultural crop production must register those pesticides and pay certain fees for those pesticides, with the fees based on the value of Wisconsin sales. Likewise, manufacturers and labelers of fertilizers must be licensed and pay fees for each ton of fertilizer distributed in this state. Agricultural coops and farm centers that blend fertilizer or sell or apply pesticides must be licensed to do these activities. A portion of these fees are used to clean up sites that have been contaminated by spills of pesticides and fertilizers. Most of these fees are passed to farmers through distributor imposed surcharges on the products.
Starting with state fiscal year 1998/1999, and continuing for two years, the product and license fees have been reduced because the balance of funds currently available exceeds the anticipated costs of cleaning up contaminated sites. The fees are set to resume during state fiscal year 2000/2001. This proposed rule will delay resumption of these surcharge fees for agricultural chemical cleanups for two additional years.
Most manufacturers of pesticides and many manufacturers of fertilizers, as well as many agricultural coops and farm centers are not small businesses. Some smaller coops and farm centers are small businesses. Since most of these fees are passed on to farmers, the greatest savings should be at the farm level, most of which are small businesses.
Anticipated Impacts:
The department estimates cost savings of $2,800,000 per year for two years. Based on 30,000 farms, the department anticipates average per farm savings of about $200 over the two years during which this rule extends the fee reduction, with the savings directly proportional to purchased fertilizer and pesticide inputs.
There are no anticipated changes in recordkeeping, reporting or other practices as a result of this rule.
Summary of Comments:
On August 10, 1999, this department transmitted the above rule for legislative committee review. The rule was assigned to the Assembly Committee on Agriculture and the Senate Committee on Agriculture, Environmental Resources and Campaign Finance Reform. The review period for the Assembly Committee on Agriculture ended without comment on September 19, 1999. The Senate Committee requested an extended review period pending final action on the biennial budget. The extended review ended without comment on January 11, 2000.
3.
Department of Financial Institutions-Credit Unions
(CR 99-145)
Ch. DFI-CU 52 - Credit Union examinations.
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.
4.
Department of Financial Institutions-Credit Unions
(CR 99-146)
Ch. DFI-CU 64 - Public inspection and copying of records of the Office of Credit Unions.
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.
5. Department of Financial Institutions-Securities
(CR 00-17)
S. DFI-Sec 5.01 (4)(e) - Investment adviser representative competency examination grandfather provisions.
Summary of Final Regulatory Flexibility Analysis:
No final regulatory flexibility analysis is included on the basis that the Division of Securities has determined, after complying with s. 227.016 (1) to (5), Stats., that the proposed rules will not have a significant impact on a substantial number of small businesses.
Summary of Comments:
No comments were reported.
6.
Health and Family Services
(CR 99-55)
Ch. HFS 181 – Relating to reporting of blood lead test results.
Summary of Final Regulatory Flexibility Analysis:
About half of the 31 or so non-public laboratories that do blood lead testing for Wisconsin health care providers are small businesses as “small business" is defined in s. 227.114 (1) (a), Stats., as are many of the health care providers, in particular, physicians and nurses working independently or in a group practice, who may obtain a blood sample or order that a blood sample be taken in order to obtain a laboratory's analysis of the concentration of lead in the person's blood.
The rules specify the information that a laboratory must report to the Department with the results of a blood lead test and include timetables for reporting that information that depend on the results. A health care provider submitting a blood sample to a clinical laboratory for analysis to determine concentration of lead in the blood must submit with the sample part of the information required for the report. The laboratory adds the rest of the required information.
None of the 5 methods set out in s. 227.114 (2), Stats., for reducing the impact of the rules on small businesses have been included in the rules.
Reporting to the Department or a local health officer the results of blood lead tests has been taking place under s. 254.13, Stat., for several years. It has not always been clear who is responsible for reporting, whether the health care provider or the clinical laboratory, and it has sometimes been difficult to get laboratories in particular to report everything that the Department wants reported. The rules make clear that the reporting responsibility is with the laboratories, unless a laboratory is out of state or the health care provider and the laboratory agree in writing that the health care provider will report, and the rules make clear also what must be reported, by when and how.
Comments were received during public review of the rules that the Department was requiring too much information in a report, that blood lead level test results of under 10 ug/dL should not be reportable and that the time limits for submitting reports following completion of laboratory analyses were too short.
The Department needs all of the information specified, including the reporting of test results under 10 ug/dL, in order to carry out its statutory responsibilities to evaluate occupational and environmental health hazards and to establish surveillance systems and follow-up programs, and the Department requires the information to be reported by the times specified in order to comply with a statutory requirement that lead poisoning or lead exposure be reported within 48 hours and to facilitate rapid public health agency response to lead hazards.
Summary of Comments of Legislative Standing Committees:
The Department did not receive comments from the standing committees.
Ch. KB 1 - The use of land, water and facilities in the Kickapoo Valley Reserve.
Summary of Final Regulatory Flexibility Analysis:
These 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. NR 812.05 - Disposal of pollutants; injection prohibition.
Summary of Final Regulatory Flexibility Analysis
The proposed amendment will not directly affect environmental quality and the expected financial impact of the proposed rule change upon small businesses is negligible as the cement, bentonite grout or other approved materials presently used by the building trades would not require additional environmental monitoring or impose new regulatory requirements.
Summary of Comments by Legislative Review Committees
The rules were reviewed by the Assembly Committee on Environment and the Senate Committee on Agriculture, Environmental Resources and Campaign Finance Reform. There were no comments.
S. NR 19.26 - Harvest, possession and sale of native amphibians, lizards and snakes.
Summary of Final Regulatory Flexibility Analysis:
Two biological supply businesses will be minimally impacted by the loss of some sales of native reptiles for pets. This is not considered to be a hardship since we are continuing to allow the sale of the primary native herptile species in which they deal. A large percentage of their business is generated by the sale of non-native species that are not impacted by these rules. The few pet stores that sell native herptiles should experience minimal losses since the vast majority of their herptile sales comprise non-native species.
Summary of Comments by Legislative Review Committees:
The proposed rules were reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Agriculture, Environmental Resources and Campaign Finance Reform. There were no comments.
S. NR 150.03 and ch. NR 170 - Power plant siting.
Summary of Final Regulatory Flexibility Analysis:
The proposed rule does not affect small businesses; therefore, a final regulatory flexibility analysis is not required.
Summary of Comments by Legislative Review Committees:
The proposed rules were reviewed by the Assembly Committee on Utilities and the Senate Committee on Agriculture, Environmental Resources and Campaign Finance Reform. There were no comments.
Ch. NR 10 - Deer hunting in Council Grounds state park.
Summary of Final Regulatory Flexibility Analysis:
Because the proposed rule regulates individual hunters, a final regulatory flexibility analysis is not required.
Summary of Comments by Legislative Review Committees:
The proposed rules were reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Agriculture, Environmental Resources and Campaign Finance Reform. There were no comments.
SS. Psy 2.08 & 3.10 - Reexaminations.
Summary of Final Regulatory Flexibility Analysis:
These rules will have no significant economic impact on small businesses, as defined in s. 227.114 (1)(a), Stats.
Summary of Comments:
No comments reported.
Ch. PI 11 - Transfer pupils with disabilities and surrogate parents.
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. PI 19 - Education for school age parents.
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.
