Rules Published with this Register and Final Regulatory Flexibility Analyses
The following administrative rule orders have been adopted and published in the July 31, 2008, 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.
Agriculture, Trade and Consumer Protection
A rule-making order revising Chapters
ATCP 140,
141,
147 and
148, relating to agricultural marketing orders and marketing boards. Effective 8-1-08.
Summary of Final Regulatory Flexibility Analysis
In a general sense, this rule affects producers of all agricultural commodities that are covered by an agricultural marketing order or that may be covered in the future. This rule more specifically affects cherry, mint and ginseng producers. Many of the affected businesses are “small businesses." The effects of this rule are generally insignificant, and there are no adverse effects on small business.
Agricultural producers; general
This rule gives DATCP more procedural flexibility related to the conduct of marketing order referenda and marketing board elections. Under this rule:
• DATCP may use electronic communication to conduct referenda and elections (DATCP is not required to use electronic communication).
• In a marketing board election (but not a marketing order referendum), DATCP may notify producers how to obtain ballots rather than actually mailing ballots to all producers.
DATCP may use these alternative procedures where appropriate. In appropriate circumstances, the alternative procedures may be at least as effective in encouraging producer participation, and may be substantially cheaper. Cost savings may be passed on to marketing boards and individual producers. Cost savings to individual producers will not be significant.
Mint Producers
This rule repeals the current mint marketing order, and eliminates the producer assessments associated with that order. There may be some cost savings to individual mint producers, but the savings will be insignificant. Currently, there are only 14 mint producers in Wisconsin.
Cherry Producers
This rule repeals a current marketing order provision that requires an advisory referendum of cherry producers every 4 years, to determine whether they support continuation of the marketing order. The repeal will save some costs for the marketing board and affected producers. The savings for individual producers will not be significant.
Ginseng Producers
This rule requires ginseng marketing order assessments based on acres in production, rather than sales. Sales assessments are difficult to collect, because most buyers are outside the United States. This rule will charge assessments based on reported acres in production (verified by aerial photography or other reliable means). Assessments based on acres in production will be more fair and reliable. Some individual assessments will go up, but others will go down. Overall assessments will increase, but there will not be a major financial impact on ginseng producers.
This rule repeals a current marketing order provision that requires an advisory referendum of ginseng producers every 5 years, to determine whether they support continuation of the marketing order. The repeal will save some costs for the marketing board and affected producers. The savings for individual producers will not be significant.
Summary of Comments by Legislative Review Committees
No comments were reported.
Natural Resources
A rule-making order creating section
NR 45.075, relating to declaring natural emergencies on forested lands owned by the state and under the jurisdiction of the department. Effective 8-1-08.
Summary of Final Regulatory Flexibility Analysis
This rule does not regulate businesses, so will have no regulatory impact on them.
Summary of Comments by Legislative Review Committees
The rule was reviewed by the Assembly Committee on Forestry and the Senate Committee on Environment and Natural Resources. There were no comments on the rule.
Natural Resources
A rule-making order revising Chapters
NR 406,
407 and
445, relating to hazardous air pollutant emissions associated with agricultural waste and affecting small business. Effective 8-1-08.
Summary of Final Regulatory Flexibility Analysis
The rule extends compliance deadlines and does not impose any new reporting requirements nor does it impose any new compliance requirements. The extended deadlines provide a less stringent schedule for all affected facilities, including small businesses.
Summary of Comments by Legislative Review Committees
The rule was reviewed by the Senate Committee on Environment and Natural Resources and the Assembly Committee on Natural Resources. On May 1, 2008, 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
A rule-making order revising Chapters
NR 405,
407, and
408, relating to major source definition and affecting small business. Effective 8-1-08.
Summary of Final Regulatory Flexibility Analysis
The ethanol rule will not have a significant economic impact on any ethanol plant, including any that may be considered as a small business, because its overall impact will be to lessen the requirements that apply to such plants. The clarifications of plantwide applicability limitation and replacement unit definitions will not affect small businesses as these are clarifications of existing regulations and are not creating new requirements for major sources.
Summary of Comments by Legislative Review Committees
The rules were reviewed by the Senate Committee on Environment and Natural Resources and the Assembly Committee on Natural Resources. The Assembly Committee on Natural Resources held a public hearing on May 1, 2008. The Department did not receive any comments as a result of this hearing.
Natural Resources
A rule-making order revising Chapter
NR 345, relating to general permits for dredging in Great Lakes navigable waterways. Effective 8-1-08.
Summary of Final Regulatory Flexibility Analysis
State statutes require that any person operating motor vehicles and/or removing or disturbing materials on the beds of public navigable waters either quality for an exemption or obtain a general or individual permit. Small businesses would need to do several activities to comply:
1. Make a self-determination of an exemption using web-based tools provided by the department or describe their activity on an exemption determination request form; or
2. Complete a general permit application; or
3. Complete an individual permit application.
Permit applications are based on the businesses' construction plans and site features. The compliance and reporting requirements are very basic for all applicants.
Summary of Comments by Legislative Review Committees
The rules were reviewed by the Senate Committee on Environment and Natural Resources and the Assembly Committee on Natural Resources. The Assembly Committee on Natural Resources held a public hearing on May 1, 2008. The Department did not receive any comments as a result of this hearing.
Public Instruction
A rule-making order creating Chapter
PI 33, relating to grants for nursing services. Effective 8-1-08.
Summary of Final Regulatory Flexibility Analysis
The rules will have no significant economic impact on small businesses, as defined in s.
227.114 (1) (a), Stats.
Summary of Comments by Legislative Review Committees
No comments were reported.
Workforce Development
A rule-making order revising section
DWD 56.06 (1), relating to child care rates. Effective 8-1-08.
Summary of Final Regulatory Flexibility Analysis
The rule implements the policy and funding provided for the child care subsidy program in
2007 Wisconsin Act 20. The policy of freezing child care rates does not have a significant economic impact on small businesses that are child care providers statewide. Due to interest expressed in the impact of freezing child care rates by the Small Business Regulatory Review Board in 2007, the Department submitted an analysis of this rule implementing the 2008-2009 rate freeze for review under s.
227.14 (2g), Stats. The Board acknowledged receipt of the Department's analysis and the Chair thanked the Department for providing the Board with the opportunity to understand the Department's position regarding the economic impact that the rule will have on small businesses.
Summary of Comments by Legislative Review Committees
No comments were received.
Workforce Development
A rule-making order revising Chapters
DWD 100,
140 and
149, relating to disclosure of unemployment insurance records. Effective 8-1-08.
Summary of Final Regulatory Flexibility Analysis
The rules may affect small business as employing units who may request records, but the rules have no financial impact on these businesses and does not change the types of records they may access. There are no reporting, bookkeeping, or other procedures required for compliance with the rule and no professional skills are required of small businesses.
Summary of Comments by Legislative Review Committees
No comments were received.
