Rules published with this register and final regulatory flexibility analyses
The following administrative rule orders have been adopted and published in the February 28, 2006, Wisconsin Administrative Register. Copies of these rules are sent to subscribers of the complete Wisconsin Administrative Code and also to the subscribers of the specific affected Code.
For subscription information, contact Document Sales at (608) 266-3358.
Commerce
(CR 04-058)
An order affecting chs. Comm 5 and 47, relating to Petroleum Environmental Cleanup Fund awards and associated credentials. Effective 5-1-06.
Summary of Final Regulatory Flexibility Analysis
The proposed rules will update chapter Comm 47 to make it consistent with several statutory requirements. Those requirements generally include limiting reimbursements under the PECFA program to usual and customary costs, or to least costly levels that are determined through competitive public bidding. Those statutory requirements do not exempt small businesses from these reimbursement limits.
Numerous substantive changes were made to the proposed rules in response to concerns that may have arisen from small businesses during the Public Hearing process. These changes included deleting some proposed credential requirements; deleting some proposed penalties; newly allowing reimbursement for certain capital improvements; newly allowing consultants to provide commodity services wherever reimbursement amounts are determined by either public bidding or the usual and customary cost schedule; extending some time periods for adjustments to public bidding; newly allowing subcontractor markups on work that is included in a public bidding contract; clarifying the impacts of the proposed rules for cleanup sites with reimbursements caps determined through public bidding that precedes the effective date of the new rules; increasing the reimbursement maximums for mobilization and demobilization for field activities, particularly where multiple sites are visited on a single travel circuit, or where multiple activities are conducted at the same site on the same day; and clarifying many of the descriptions and quantifications for the reimbursement categories in the proposed schedule of usual and customary costs. Some rule changes that were requested during the Hearing process were rejected because they would have been inconsistent with statutory requirements, such as the Department's duty to set reimbursement maximums at the least-costly level of remediation. Overall, the included changes appear to have resolved the concerns that arose during the Public Hearing process.
Summary of Comments by Legislative Review Committees
No comments were received, although a hearing was held on November 16, 2005, by the Assembly Committee on Natural Resources.
Commerce
(CR 04-135)
An order affecting chs. Comm 2, 26, and 95, and ch. PSC 186, relating to manufactured home communities. Effective 3-1-06.
Summary of Final Regulatory Flexibility Analysis
Sections 101.935 and 101.937, Stats., direct the Department to license and regulate manufactured home communities and to regulate the provision of water and sewer service to manufactured home community occupants through the promulgation of administrative rules. The proposed rules of Clearinghouse Rule No. 04-135 are minimum requirements to meet the directive of the Statutes, and any exceptions from compliance for small businesses would be contrary to the Statutory objectives which are the basis for the rules.
Summary of Comments by Legislative Review Committees
No comments were received.
Commerce
(CR 05-064)
An order affecting ch. Comm 72, relating to cleaning methods for historic buildings. Effective 3-1-06.
Summary of Final Regulatory Flexibility Analysis
In accordance with section 101.1215, Stats., the Department of Commerce is required to develop requirements for prohibiting the use of abrasive cleaners on the exterior of qualified historic buildings, including both commercial buildings and one-and two-family dwellings. The proposed rules of Clearinghouse Rule No. 05-064 are minimum requirements to meet the directives of the Statutes, and any exceptions from compliance for small businesses would be contrary to the statutory objectives, which are the basis of the rules.
Summary of Comments by Legislative Review Committees
No comments were received.
Insurance
(CR 05-059)
An order affecting chs. Ins 3, 9 and 18, relating to revising requirements for insurers offering defined network plans, preferred provider plans and limited service health organization plans. Effective 3-1-06.
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 by Legislative Review Committees
No comments were received.
Natural Resources
(CR 05-039)
An order affecting chs. NR 460 and 463, relating to the incorporation of federal amendments in national emission standards for hazardous air pollutants. Effective 3-1-06.
Summary of Final Regulatory Flexibility Analysis
The proposed rule revisions will not have a significant economic impact on a substantial number of small businesses. This is because this proposal will revise existing state rules which have been in effect for several years. Most, if not all, affected sources are already in compliance with these rules. The proposed revisions will make the rules more flexible and will reduce compliance requirements.
Summary of Comments by Legislative Review Committees
The proposed rules were reviewed by the Senate Committee on Energy, Utilities and Information Technology and the Assembly Committee on Natural Resources. On November 16, 2005, the Assembly Committee on Natural Resources held a public hearing. The Department did not receive any comments as a result of this hearing.
Natural Resources
(CR 05-040)
An order affecting chs. NR 400, 460, 465 and 484, relating to national emission standards for hazardous air pollutants for the surface coating of plastic parts and products and of miscellaneous metal parts and products. Effective 3-1-06.
Summary of Final Regulatory Flexibility Analysis
The proposed rules will not have a significant economic impact on a substantial number of small businesses. This is primarily because the proposed rules are identical to the existing federal regulations, with which all affected sources are already required to comply. Costs to the affected sources are being incurred in response to the federal regulations, which have been in effect for over a year. No additional costs will be incurred in response to the proposed state rules.
Summary of Comments by Legislative Review Committees
The proposed rules were reviewed by the Senate Committee on Energy, Utilities and Information Technology and the Assembly Committee on Natural Resources. On November 16, 2005, the Assembly Committee on Natural Resources held a public hearing. The Department did not receive any comments as a result of this hearing.
Natural Resources
(CR 05-053)
An order affecting ch. NR 64, relating to an all-terrain vehicle registration exemption. Effective 3-1-06.
Summary of Final Regulatory Flexibility Analysis
The proposed rules are applicable to individual ATV operators and impose no compliance or reporting requirements for small business. Therefore, a final regulatory flexibility analysis is not required.
Summary of Comments by Legislative Review Committees
No comments were received.
Natural Resources
(CR 05-054)
An order affecting ch. NR 64, relating to all-terrain vehicle noise testing procedures. Effective 3-1-06.
Summary of Final Regulatory Flexibility Analysis
The proposed rules are applicable to individual ATV operators, owners and manufacturers and impose no compliance or reporting requirements for small business. Therefore, a final regulatory flexibility analysis is not required.
Summary of Comments by Legislative Review Committees
No comments were received.
Natural Resources
(CR 05-071)
An order affecting ch. NR 58, relating to the implementation and administration of grants for endangered resources. Effective 3-1-06.
Summary of Final Regulatory Flexibility Analysis
The proposed rule pertains to providing grants to private landowners and are applicable to owners of non-government property. Therefore, a final regulatory flexibility analysis is not required.
Summary of Comments by Legislative Review Committees
No comments were received.
Natural Resources
(CR 05-074)
An order affecting ch. NR 24, relating to open seasons for commercial clamming on the Wisconsin-Iowa boundary waters and the Mississippi River portion of the Wisconsin-Minnesota boundary waters. Effective 3-1-06.
Summary of Final Regulatory Flexibility Analysis
The proposed rule does not have a significant economic impact on a substantial number of small businesses. No commercial clam shelling licenses have been sold in Wisconsin since 2001.
Summary of Comments by Legislative Review Committees
No comments were received.
Transportation
(CR 05-082)
An order affecting ch. Trans 200, relating to specific information signs. Effective 3-1-06.
Summary of Final Regulatory Flexibility Analysis
The proposed rule provides additional participation opportunities for small businesses. Since businesses request that they be identified on state-installed signs, the sign application process will enforce the rule.
Summary of Comments by Legislative Review Committees
No comments were received.
Transportation
(CR 05-095)
An order affecting ch. Trans 276, relating to allowing the operation of double bottoms and certain other vehicles on certain specified highways. Effective 3-1-06.
Summary of Final Regulatory Flexibility Analysis
The provisions of this rule adding a highway segment to the designated system have no direct adverse effect on small businesses, and will have a favorable effect on those small businesses which are shippers or carriers using the STH 29 bypass around Chippewa Falls.
Summary of Comments by Legislative Review Committees
No comments were received.
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Links to Admin. Code and Statutes in this Register are to current versions, which may not be the version that was referred to in the original published document.