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
No comments were received.
Natural Resources
(CR 00-025, 00-026, 00-027, 00-028, 00-034, 00-035 and 00-036)
Orders affecting chs.
NR 120,
151 to
155,
216, and
243, relating to nonpoint source pollution.
Effective 10-1-02
Summary of Final Regulatory Flexibility Analysis
Proposed chs.
NR 151,
216 and
243 will have a significant economic impact on a substantial number of small businesses. The type of small business affected by the agricultural performance standards in proposed ch.
NR 151, subch. II are crop and livestock productions. Some livestock facilities with 1,000 or more animal units affected by proposed ch.
NR 243 may be classified as small businesses. Also, some livestock producers with operations under 1,000 animal units who meet the definition of a small business may be affected by proposed ch.
NR 243 if they meet the criteria of a point source under federal regulations.
For the nonagricultural performance standards in proposed ch.
NR 151, subchs. III and IV, any small business that undertakes construction involving land disturbance on sites over 5 acres (one acre in 2003) will be affected. These businesses must meet the performance standards both for the construction phase and the post-construction phase of the project. Compliance with the performance standards will be identified in both an erosion control plan and a storm water management plan. Small businesses established after the effective date of the proposed rule that are required to obtain industrial storm water permits must also meet post-construction performance standards by describing and installing best management practices (BMPs) as required in their storm water pollution prevention plan. Managers of turf areas, including golf courses, will also be affected by the nonagricultural performance standards. Revision to ch.
NR 216 that incorporate the nonagricultural performance standards will impact small businesses.
Most small businesses regulated by these rules are not required to submit reports to the department. Concentrated animal feeding operations are already required to report annually as part of their WPDES permit. The rules do not change this. A change in proposed ch.
NR 243 puts the burden of applying for a WPDES permit on an operation under 1,000 animal units if it meets the definition of a point source under the Clean Water Act. This requirement may potentially increase the number of livestock operations that are required to report to the department.
Summary of Comments of Legislative Standing Committees
The rules were reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Environmental Resources. The Assembly Committee on Natural Resources held public hearings on February 13, 2002 and February 27, 2002. No modifications were requested.
The Senate Committee on Environmental Resources held a public hearing on March 5, 2002. The Senate Committee on Environmental Resources adopted a motion that recommended the department consider modifications to include a modification that creates an agricultural performance standard that requires a buffer of vegetative cover between a cropped field, pasture or woodlot, and navigable waters or an area that is either susceptible to groundwater contamination or has the potential to be a direct conduit for contamination to reach groundwater.
At its May 22, 2002 meeting, the Natural Resources Board adopted a resolution that directed the Department to assist in and promote the organization and funding of additional agricultural buffer research managed through the University of Wisconsin College of Agriculture and Life Sciences and implemented through the Wisconsin Agricultural Stewardship Initiative with a report on the findings of this research due no later than December 31, 2005. Further, the Department shall initiate a revision to the nonpoint source pollution performance standard administrative rule to incorporate an agricultural buffer performance standard based on this research report and complete the rule making process no later than December 31, 2007, and that if no report is issued by the December 31, 2005 date, that the department initiate a revision to the nonpoint source pollution performance standards to incorporate an agricultural buffer performance standard. This resolution was acceptable to the Senate Committee on Environmental Resources.
An order affecting ch.
NR 20, relating to fishing on the inland and outlying waters of Wisconsin.
Effective 10-1-02; 3-1-03; 4-1-03
Summary of Final Regulatory Flexibility Analysis
The proposed rules affect individual anglers. Therefore, a final regulatory flexibility analysis is not required.
Summary of Comments of Legislative Standing Committees
The proposed rules were reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Environmental Resources. The Assembly Committee on Natural Resources held a public hearing on July 17, 2002. No modifications were requested as a result of the hearing. The Senate Committee on Environmental Resources had scheduled a public hearing on July 29, 2002, but canceled the hearing.
An order affecting ch.
NR 10, relating to hunting.
Effective 10-1-02; 1-5-03
Summary of Final Regulatory Flexibility Analysis
The proposed rules affect individuals. Therefore, a final regulatory flexibility analysis is not required.
Summary of Comments of Legislative Standing Committees
The proposed rules were reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Environmental Resources. The Assembly Committee on Natural Resources held a public hearing on July 17, 2002. No modifications were requested as a result of the hearing. The Senate Committee on Environmental Resources had scheduled a public hearing on July 29, 2002, but canceled the hearing.
An order affecting chs.
NR 10, and
15 to
17, relating to hunting, trapping and captive wildlife.
Effective 10-1-02
Summary of Final Regulatory Flexibility Analysis
The proposed rules affect individuals. Therefore, a final regulatory flexibility analysis is not required.
Summary of Comments of Legislative Standing Committees
The proposed rules were reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Environmental Resources. The Assembly Committee on Natural Resources held a public hearing on July 17, 2002. No modifications were requested as a result of the hearing. The Senate Committee on Environmental Resources had scheduled a public hearing on July 29, 2002, but canceled the hearing.
An order affecting ch.
RL 128, relating to education requirements prior to first renewal, courses and examinations, approval of educational programs, courses and instructors.
Effective 10-1-02
Summary of Final Regulatory Flexibility Analysis
The proposed rules will have no significant economic impact on a substantial number of small businesses, as defined in s.
227.114 (1) (a), Stats.
Summary of Comments of Legislative Standing Committees
No comments were received.
An order affecting ch.
Trans 276, relating to allowing the operation of double bottoms and certain other vehicles on certain specified highways.
Effective 10-1-02
Summary of Final Regulatory Flexibility Analysis
The provisions of the 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 of Legislative Standing Committees
The Legislative Council report contained only one comment which has been incorporated into the proposed rule.
