Rules Published with this Register and Final Regulatory Flexibility Analyses
The following administrative rule orders have been adopted and published in the November 30, 2010, 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
Revises Chapter
ATCP 60, relating to somatic cell standards for dairy goat milk. Effective 12-1-10.
Summary of Final Regulatory Flexibility Analysis
This rule will benefit the Wisconsin dairy goat industry, by relaxing the current somatic cell standard for dairy goat milk to conform to the newly relaxed national standard. This rule will maintain parity with other states, and will relieve goat milk producers and dairy plant operators of certain problems associated with the current somatic cell standard.
Summary of Comments by Legislative Review Committees
On August 13, 2010, DATCP transmitted the above rule for legislative review. The rule was assigned to the Senate Committee on Agriculture and Higher Education and to the Assembly Committee on Agriculture. Neither the Senate Committee on Agriculture and Higher Education nor the Assembly Committee on Agriculture took any action on the rule.
Barbering and Cosmetology Examining Board
Revises Chapter
BC 7, relating to examinations for barbers and cosmetologists, aestheticians, electrologists, manicurists, and managers. Effective 12-1-10.
Summary of Final Regulatory Flexibility Analysis
These proposed rules were reviewed and discussed by the department's Small Business Review Advisory Committee and determined that the rules will not have any significant economic impact on a substantial number of small businesses, as defined in s.
227.114 (1), Stats.
Summary of Comments by Legislative Review Committees
No comments were reported.
Children and Families
Creates Chapter
DCF 110, relating to transitional jobs for low-income adults. Effective 12-1-10.
Summary of Final Regulatory Flexibility Analysis
The rule will affect small businesses as defined in s.
227.114 (1), Stats., but will not have a significant economic impact on a substantial number of businesses.
Summary of Comments by Legislative Review Committees
No comments were received.
Commerce
Licenses, Certifications and Registrations, Ch.
Comm 5
Revises Chapter
Comm 5, relating to building contractor registration. Effective 12-1-10.
Summary of Final Regulatory Flexibility Analysis
The rules clarify and revise the requirements and definitions in section
Comm 5.30 relating to Building Contractor Registration as mandated by
2009 Wisconsin Act 28. The definition of “construction business" has been broadened to include additional trades that are regulated by departmental codes. The rules require the registration of trades and businesses that construct, install or alter mechanical equipment and devices such as boilers, gas systems, piping, mechanical refrigeration systems serving a building or structure. In addition, the rules expand the registration requirement to those trades or businesses involved in the construction, installation or alteration of permanent devices or structures regulated under the amusement rides code and the sanitation code. The rules create administrative procedures and a forfeiture process for those persons or entities doing construction- or installation-related work without a registration number.
Summary of Comments by Legislative Review Committees
No comments received.
Corrections
Revises Chapter
DOC 302, relating to sentence computation and modification. Effective 12-1-10.
Summary of Final Regulatory Flexibility Analysis
The rules are not applicable to small businesses.
Summary of Comments by Legislative Review Committees
No comments were reported.
Earned Release Review Commission
Repeals and recreates Chapter
PAC 1, relating to the release of inmates from state prison through parole or other procedures established through
2009 Wis. Act 28. Effective 12-1-10.
Summary of Final Regulatory Flexibility Analysis
The Earned Release Review Commission has determined that the rule will not have a significant economic impact on a substantial number of small businesses since the rule does not regulate small businesses as that term is defined in §
227.114, Stats.
Summary of Comments by Legislative Review Committees
No comments reported.
Insurance
Revises sections
Ins 17.01 (3) and
17.28 (6), relating to fiscal year 2011 fund fees and mediation panel fees. Effective 12-1-10.
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 received.
Natural Resources
Environmental Protection — Wis. Pollutant Discharge Elimination System, Chs.
NR 200—
DNR # WT-25-08
Revises Chapter
NR 217 and repeals and recreates section
NR 102.06, relating to phosphorus water quality standards criteria and limitations and effluent standards. Effective 12-1-10.
Summary of Final Regulatory Flexibility Analysis
Food processing facilities and cheese factories were identified as potential categories of small businesses that would most directly be affected by these rule revisions. Data on these types of facilities was analyzed and there are few, if any, small businesses that directly discharge wastewater containing phosphorus to lakes or streams. Many small cheese factories land apply their wastes and do not discharge wastewater containing phosphorus. Therefore, this rule revision does not anticipate any additional compliance or reporting requirements for small businesses.
If there is an impact on small businesses as a result of these rule revisions, it would likely be an indirect fiscal impact. Many small businesses discharge their wastes to a municipal wastewater treatment facility. If a municipal wastewater treatment plant's wastewater discharge permit is modified to require further removal of phosphorus, it is likely that the cost to provide additional treatment levels will be absorbed by increasing sewer use charges. Some small businesses may experience an increase in sewer service fees as these rule revisions are implemented statewide.
Some municipalities may also require specific small businesses to provide pretreatment for phosphorus removal if a wastewater discharge from a small business contributes significant loadings of phosphorus to the sanitary sewer system. Implementation of these rule revisions may result in additional costs for phosphorus pretreatment to a select subset of small businesses.
The department is unable to specifically estimate the indirect fiscal impact to small businesses as a result of implementation of this rule package because of the variability of each situation.
Summary of Comments by Legislative Review Committees
No comments reported.
Natural Resources
Environmental Protection —Air Pollution Control,
DNR # AM-06-09
Revises Chapter
NR 433, relating to implementation of best available retrofit technology for the protection of visibility in mandatory Class I federal areas. Effective 12-1-10.
Summary of Final Regulatory Flexibility Analysis
The existing rule requirements apply to large industrial sources or electric generation units which are not small businesses. Therefore based on the limited nature of the proposed rule changes there is no impact anticipated to small businesses.
Summary of Comments by Legislative Review Committees
The rules were reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Environment. Neither committee held a hearing and the Department did not receive any comments or request for modifications from the committees.
Natural Resources
Environmental Protection —Air Pollution Control
DNR # AM-12-10
Revises Chapters
NR 400,
405 and
406, relating to permit requirements for Class I areas, and affecting small business. Effective 12-1-10.
Summary of Final Regulatory Flexibility Analysis
These proposed rules apply only to larger sources of air pollution which are not, in general, small businesses. The Department believes it is unlikely any small business would be impacted by these proposed rules.
Summary of Comments by Legislative Review Committees
The rules were reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Environment. Neither committee held a hearing and the Department did not receive any comments or request for modifications from the committees.
Natural Resources
Environmental Protection —Air Pollution Control
DNR # AM-13-10
Revises Chapters
NR 484 and
485, relating to the vehicle inspection and maintenance program and affecting small business. Effective 12-1-10.
Summary of Final Regulatory Flexibility Analysis
Small businesses that own vehicles subject to the inspection maintenance (I/M) program have been and will continue to be affected by the I/M program in the same way that individual vehicle owners are affected. The proposed rule may have a small, but not significant, economic impact on those small businesses that own non-exempt vehicles registered in Sheboygan County. The DNR estimates that the proposed rule will increase the average repair cost per failed vehicle in Sheboygan County by $216.
Improved fuel efficiency resulting from the more thorough repairs may offset some of these increased costs.
The proposed rule will not impose any new requirements on small businesses.
Summary of Comments by Legislative Review Committees
The rules were reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Environment. Neither committee held a hearing and the Department did not receive comments or requests for modifications from the committees.
Natural Resources
Environmental Protection —Air Pollution Control
DNR # AM-16-10
Revises Chapters
NR 400,
404,
405,
406,
407,
408 and
484, relating to permit requirements for particulate matter emission. Effective 12-1-10.
Summary of Final Regulatory Flexibility Analysis
Major sources that are currently subject to the Title V and PSD program generally do not qualify as small business under s.
227.114 (1), Wis. Stats. The proposed rule is not expected to have a significant impact on small business.
Summary of Comments by Legislative Review Committees
The rules were reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Environment. Neither committee held a hearing and the Department did not receive comments or requests for modifications from the committees.
Natural Resources
Environmental Protection — Water Supply,
Chs.
NR 800—
DNR # DG-19-09
Repeals and recreates Chapters
NR 809 and
811, and creates Chapter
NR 810, relating to safe drinking water design requirements for community water systems, and requirements for the operation and maintenance of public water supply systems. Effective 12-1-10.
Summary of Final Regulatory Flexibility Analysis
Typically, the Department has little flexibility with drinking water regulations since State rules can be no less stringent than the federal regulation. Flexibility in the rule will be used to reduce monitoring costs and complexity wherever possible. These rules should not have a significant impact on small business since the water systems operated by small businesses such as taverns and restaurants are already subject to the inspection and deficiency correction requirements included in the rule modifications. Therefore, under s.
227.19(3m), Stats., a final regulatory analysis is not required.
Summary of Comments by Legislative Review Committees
The rules were reviewed by the Senate Committee on Environment and the Assembly Committee on Natural Resources. A hearing was held by the Senate Committee on June 30, 2010. A Department presentation was made by Lee Boushon recommending adoption of Rule No. CHR-09-073. The legislative review period has expired.
Public Instruction
Repeals and recreates section
PI 11.36 (6), relating to the identification of children with specific learning disabilities. Effective 12-1-10.
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 by Legislative Review Committees
No comments reported.
Public Instruction
Revises Chapter
PI 45, relating to the use of race-based nicknames, logos, mascots and team names by school boards. Effective 12-1-10 .
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 by Legislative Review Committees
No comments reported.
Public Instruction
Revises Chapter
PI 43, relating to education reform. Effective 12-1-10.
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 by Legislative Review Committees
No comments reported.
Public Instruction
Revises Chapters
PI 8 and
34, relating to educator preparation and licensing flexibility. Effective 12-1-10.
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 by Legislative Review Committees
No comments reported.
Revenue
Revises Chapter
Tax 4,
7,
8,
9 and
11, relating to motor vehicle, alternate fuels, and general aviation fuel tax return and refund claim forms; fermented malt beverage tax return and refund claim forms; intoxicating liquor report, tax return, and refund claim forms; cigarette and tobacco products report, tax return and refund claim forms; and sales and use tax, local exposition tax, and premier resort area tax return forms. Effective 12-1-10.
Summary of Final Regulatory Flexibility Analysis
This rule order does not have a significant economic impact on a substantial number of small businesses.
Summary of Comments by Legislative Review Committees
No comments reported.
Revenue
Revises Chapter
Tax 11, relating to sales and use tax. Effective 12-1-10.
Summary of Final Regulatory Flexibility Analysis
This rule order does not have a significant economic impact on a substantial number of small businesses.
Summary of Comments by Legislative Review Committees
No comments reported.
Revenue
Revises Chapters
Tax 1,
2 and
3, relating to electronic funds transfer; original and amended corporation franchise and income tax returns; information returns and wage statements; returns of persons other than corporations; the recycling surcharge; estimated tax requirements; addback and disclosure of related entity expenses; pass-through entity withholding; and the dividends received deduction for corporations. Effective 12-1-10.
Summary of Final Regulatory Flexibility Analysis
This rule order does not have a significant economic impact on a substantial number of small businesses.
Summary of Comments by Legislative Review Committees
No comments reported.
Transportation
Revises Chapter
Trans 100, relating to safety responsibility, damage judgment, and mandatory insurance laws. Effective 12-1-10.
Summary of Final Regulatory Flexibility Analysis
This regulatory change has no impact on small business. The safety responsibility and damage judgment portions of this rule making largely codifies existing DOT policy with regard to the administration of the safety responsibility and damage judgment laws. This rule making related to filings in lieu of mandatory insurance are not expected to impact small business in any manner. The new mandatory insurance law itself may require small businesses that lack automobile coverage to obtain insurance or make a filing in lieu of insurance with the Department. The Department does not anticipate any fiscal effect upon small businesses from this codification.
Summary of Comments by Legislative Review Committees
No comments reported.
Workforce Development
Revises Chapter
DWD 295, relating to the state apprenticeship program and affecting small businesses. Effective 12-1-10.
Summary of Final Regulatory Flexibility Analysis
The rule changes affect small businesses as defined in s.
227.114 (1), Stats., but do not have a significant economic impact on a substantial number of small businesses.
Summary of Comments by Legislative Review Committees
No comments were received.
