Summary of Final Regulatory Flexibility Analysis
The rules have no effect on “small business" as defined in s. 227.114 (1), Stats.
Summary of Comments by Legislative Review Committees
No comments were received.
Health and Family Services
(CR 04-050)
An order affecting ch. HFS 109, relating to the SeniorCare program. Effective 11-1-04.
Summary of Final Regulatory Flexibility Analysis
These proposed rule changes will have no effect on small businesses.
Summary of Comments by Legislative Review Committees
No comments were received.
Health and Family Services
(CR 04-053)
An order affecting chs. HFS 132 and 134, relating to nursing homes and facilities for the developmentally disabled. Effective 11-1-04.
Summary of Final Regulatory Flexibility Analysis
The fiscal impact on small business as defined in s. 227.114 (1), Stats., will be minimal. The majority of the proposed rule revisions either eliminate rules and prescriptive language, expand and update definitions for current terminology, or ease an existing standard. In addition, no new anticipated small business impact will be associated with the parallel Wisconsin proposed adoption of the 2000 edition of the Life Safety Code.
Summary of Comments by Legislative Review Committees
No comments were received.
Health and Family Services
(CR 04-056)
An order affecting ch. HFS 119, relating to operation of the health insurance risk-sharing plan (HIRSP). Effective 11-1-04.
Summary of Final Regulatory Flexibility Analysis
The rule changes will not affect insurers that are small businesses, as “small business" is defined in s. 227.114 (1), Stats. Although the program statutes and rules provide for assessment of insurers to help finance the Health Insurance Risk-Sharing Plan (HIRSP), no assessed insurer is a small business as defined in s. 227.114 (1), Stats. Moreover, s. 149.143, Stats., prescribes how the amount of an insurer's assessment to help finance HIRSP is to be determined. The rule changes may affect some health care providers that are small businesses. The net effect of HIRSP on small business health care providers is unknown.
Summary of Comments by Legislative Review Committees
No comments were received.
Natural Resources
(CR 01-104)
An order affecting chs. NR 600 and 815, relating to the control of injection wells. Effective 11-1-04.
Summary of Final Regulatory Flexibility Analysis
The department does not expect any negative impact on small businesses as a result of this action. It is believed that this action will save money for responsible parties, including small businesses, which conduct remediation of soil and groundwater.
Summary of Comments by Legislative Review Committees
The proposed rules were referred to the Assembly Committee on Environment and the Senate Committee on Environmental Resources in February, 2002. Following public hearing, the Assembly Committee on Environment had concerns regarding the visitorial powers described in s. NR 815.12, the expansion of Class V well injection to include the injection of “substances", and the establishment of the point of standards application for injection wells as the point of fluid injection. The Senate Committee on Environmental Resources asked the Department to consider modifications to the visitorial powers described in S. NR 815.12.
Following consultation with the U.S. Environmental Protection Agency and the Wisconsin Department of Commerce over 2 years, changes were identified that could be made to address the legislators' concerns but still ensure that the proposed rules meet the federal requirement that state injection well regulations are at least as stringent as federal regulations. These changes included clarification to the scope of the visitorial powers, “substances" will be defined using the statutory definition in s. 160.01 (8), Stats., as it specifically applies to protection of Wisconsin groundwater resources and notes are amended to clarify how the point of standards application is established for determining compliance with injection well construction and operating requirements. Rule text is also modified to clarify that the point for determining compliance will not necessarily be the point of injection for all classes/types of injection wells. Section NR 815.06 (5) is also modified to clarify that common construction-related activities are not to be considered prohibited underground injection practices.
Natural Resources
(CR 03-054)
An order affecting ch. NR 118, relating to minimum standards and guidelines for Lower St. Croix National Scenic Riverway zoning ordinances. Effective 11-1-04.
Summary of Final Regulatory Flexibility Analysis
The proposed rule does not regulate small businesses; therefore a final regulatory flexibility analysis is not required.
Summary of Comments by Legislative Review Committees
The proposed rule was referred to the Assembly Committee on Natural Resources and the Senate Committee on Environment and Natural Resources. The Committees extended their review time for an additional 30 days. During that time, the department proposed germane modifications to address concerns that were raised during the review time. At the conclusion of the review period, the committees took no action on the proposed rule.
Natural Resources
(CR 04-048)
An order affecting ch. NR 46, relating to the administration of the Forest Crop Law and the Managed Forest Law. Effective 11-1-04.
Summary of Final Regulatory Flexibility Analysis
The proposed rule does not affect small businesses. Small private forest landowners and forest industries enrolled under the Forest Crop Law and the Managed Forest Law are required by statute to pay 10% and 5% respectively of the stumpage value adopted in the zone for the species and wood product volume cut from their land. Since this is a voluntary program, no special provisions have been provided for small businesses.
Summary of Comments by Legislative Review Committees
The rules were reviewed by the Assembly Committee on Forestry and the Senate Committee on Environment and Natural Resources. There were no comments.
Public Instruction
(CR 04-027)
An order affecting ch. PI 6, relating to public librarian certification. Effective 11-1-04.
Summary of Final Regulatory Flexibility Analysis
The proposed rule does not regulate small businesses; therefore a final regulatory flexibility analysis is not required.
Summary of Comments by Legislative Review Committees
No comments were received.
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