Rules Published with this Register and Final Regulatory Flexibility Analyses
The following administrative rule orders have been adopted and published in the October 31, 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.
Administration
The Wisconsin Department of Administration (DOA) adopts the order to create Chapter
Adm 24 relating to debarment, suspension and ineligibility of DOA contractors. Effective date 1-1-11.
Summary of Final Regulatory Flexibility Analysis
This rule is intended to address potential issues encountered by DOA's Division of State Facilities as it manages building contracts for the State of Wisconsin. The small businesses involved would be expected to include small building contractors and their subsidiaries and affiliates, as well as developers and other firms involved in the design and construction of state facilities.
DOA lacks salary and other necessary data to estimate the comparable costs incurred by private sector contractors in defending themselves during these proceedings. However, the staff time involved would be approximately the same as that required of the DOA staff attorney and staff. Differences in cost would be a function of the billing rate of the private sector legal counsel.
Based upon limited information from the DOT, and upon DOA's experience with problematic contractors, it is anticipated that no more than 6 suspensions or debarments will occur annually, making the impact on small businesses as a class negligible. The impact will be felt only on individual contractors, and then only due to their own contractual and legal behavior. In all cases, DOA will fund the cost of fact-finding hearings with no provision to recover those costs from the contractors involved.
Summary of Comments by Legislative Review Committees
No comments were reported.
Agriculture, Trade and Consumer Protection
(DATCP # 09-R-03)
Revises Chapter
ATCP 1, relating to Administrative Orders and Contested Cases. Effective 1-1-11.
Summary of Final Regulatory Flexibility Analysis
This rule will have little, if any, impact on business. This rule updates and clarifies, but does not substantially alter, current rules. This rule will not have any significant impact on business, beyond what already exists under current statutes and rules. Existing impacts have been few and minor.
Summary of Comments by Legislative Review Committees
On April 15, 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 Consumer Protection. Neither the Senate committee nor the Assembly committee held a hearing or took any action on the rule.
Agriculture, Trade and Consumer Protection
(DATCP # 10-R-04)
Revises Chapter
ATCP 53, relating to agricultural enterprise areas. Effective 1-1-11.
Summary of Final Regulatory Flexibility Analysis
This rule, by itself, does not have any direct impact on farmers or other business owners. The designation of an AEA does not control or restrict land use. However, farm owners in the designated AEAs are eligible to enter into voluntary 15-year farmland preservation agreements with DATCP. That enables them to claim farmland preservation tax credits under s.
71.613, Stats.
Participating farmers may claim a significant tax credit benefit for the 15-year term of their agreement ($5 per acre per year, or $10 per acre per year if the land is also covered by a certified farmland preservation zoning ordinance). The AEA designation may also help reassure farmers and investors that the affected area will remain in agricultural use. The AEA designation may encourage, and help focus, agricultural investment and development.
Farmers who choose to enter into farmland preservation agreements (in order to qualify for tax credits) may incur some costs to keep their land in agricultural use for 15 years, and to comply with state soil and water conservation requirements. Some of these farmers may already be complying with conservation standards. In any case, the decision to enter into a farmland preservation agreement is voluntary. The cost of compliance for participating (if any) may be outweighed by the tax credit benefit.
Many of the farmers who will benefit from this rule are “small businesses." This rule will have a positive effect on those small businesses. This rule will impose no new mandates on small business (farmland preservation agreements are entirely voluntary). This rule is not subject to the small business delayed effective date under s.
227.22(2)(e), Stats.
Summary of Comments by Legislative Review Committees
Under s.
91.84(2), Stats, DATCP was granted the authority to adopt this rule using the procedure under s.
227.24, Stats. As a result, DATCP was not required to transmit the above rule for legislative review.
Agriculture, Trade and Consumer Protection
(DATCP # 09-R-08)
Revises Chapter
ATCP 92, relating to weights and measures regulation, licensing and fees. Effective 1-1-11.
Summary of Final Regulatory Flexibility Analysis
This rule modifies current DATCP weights and measures rules. Among other things, this rule implements
2009 Wis. Act 28 (biennial budget act). Act 28 changed state weights and measures laws, including laws related to vehicle scales, weights and measures service companies, vehicle tank meters and liquefied petroleum (LP) gas meters. Act 28 created new license requirements, and authorized DATCP to establish certain license fees and surcharges by rule. Act 28 also authorized DATCP to charge reinspection fees to help pay for reinspections made necessary by weights and measures law violations. The rule does the following:
•
Creates new license fee categories and increases the annual fees for weights and measures inspections of licensed retail food establishments (it does not change
food safety inspection fees or license categories).
•
Increases the annual fee for a vehicle scale operator license and establishes a fee for a permit to install or relocate a vehicle scale (neither fee applies to livestock scales other than vehicle scales).
•
Updates and clarifies current requirements for annual testing of vehicle scales and livestock scales and reporting test results to DATCP. The rule establishes a vehicle scale operator license surcharge for an operator who fails to comply with the annual reporting requirements (does not apply to operators of livestock scales other than vehicle scales).
•
Establishes a fee to process a request, by a vehicle scale operator or livestock scale operator, for a variance from an applicable scale construction standards (this rule does not change current construction standards).
•
Increases current annual license fees for weights and measures service companies and the current examination fee for certification of an individual weights and measures technician (5-year certification). The examination fee may be paid by the weights and measures service company that employs the technician.
•
Implements statutory licensing requirements and establishes annual license fees for operators of LP gas meters. This rule establishes a license fee surcharge for an applicant who is found to have operated an LP gas meter without a license during the previous year. In addition, it establishes basic annual testing and test reporting requirements related to LP gas meters.
•
Implements statutory licensing requirements and establishes annual license fees for vehicle tank meter operators. In addition, it establishes basic annual testing and test reporting requirements related to vehicle tank meters. This rule establishes a license fee surcharge for an applicant who is found to have operated a vehicle tank meter without a license during the previous year or who has failed to comply with the basic testing and test reporting requirements during the previous year.
• Establishes reinspection fees to cover DATCP reinspection costs incurred because of law violations found on an initial inspection of a weight or measure (including a scale or other weighing or measuring device).
DATCP has not incorporated a small business enforcement policy in this rule. This rule will affect businesses that operate or service weights and measures in Wisconsin, most of which are small businesses. Many affected business will pay higher fees, or will pay fees for the first time. However, the fee increases are not expected to have a major impact on overall business costs. Fees for each business category are proportionate to weights and measures program costs for that business category, and cover only a portion of program costs. DATCP will seek voluntary compliance.
Summary of Comments by Legislative Review Committees
On April 21, 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 Consumer Protection. The Assembly Committee on Consumer Protection held a hearing on May 18, 2010 and an executive session June 22, 2010 where they voted to send the rule back for modifications to the fee increases. On June 28, 2010 DATCP agreed to consider modifications to the rule. The Senate Committee on Agriculture and Higher Education held a public hearing on July 28, 2010 and took no action. Beginning July 16, 2010 DATCP started meeting with key industry stakeholders to discuss modifications to the fee increases. On September 14, 2010 DATCP delivered a modified rule to both the assigned Senate and Assembly Committees for review. Neither committee held any hearings or took any action on this modified rule.
Agriculture, Trade and Consumer Protection
(DATCP # 09-R-11)
Revises Chapter
ATCP 127, relating to the addition of cell phone numbers to the Wisconsin No Call law. Effective 1-1-11.
Summary of Final Regulatory Flexibility Analysis
The “No Call" law authorizes DATCP to create a list of telephone numbers of Wisconsin residents who do not want to receive telemarketing calls. When first enacted, the “No Call" law only authorized DATCP to include residential “land line" numbers on the “No Call" list. Since DATCP adopted the current rules, the legislature changed the statutory definition of persons covered by the No Call law to include individuals who are provided commercial mobile service by a telephone utility. This rule updates and clarifies current rule coverage to include individuals who are provided commercial mobile service to the persons who may add their telephone numbers to the No Call list. This rule does all of the following:
•
Changes the definition of “residential telephone customer" to “covered telephone customer" and defines this term to mean “an individual in this state who receives basic local exchange service or commercial mobile service from a telecommunications utility."
•
Changes the definition of “nonresidential telephone customer" to “noncovered telephone customer" and defines this term to mean “a person, other than a covered customer, who receives telecommunications service from a telecommunications utility."
•
Amends the definition of “telephone call" to include a voice communication “through the use of commercial mobile service."
•
Clarifies that the definition of “telecommunications utility" includes a person who provides commercial mobile service.
•
Renumbers the definitions and amends other parts of the rule to reflect changes in the definitions.
DATCP has not incorporated a small business enforcement policy in this rule as this rule will have few, if any, negative impacts on business. This rule simply updates the definitions and coverage of current rules to reflect law changes already enacted by the Legislature and implemented by DATCP. DATCP will seek voluntary compliance.
Summary of Comments by Legislative Review Committees
On August 31, 2010, DATCP transmitted the above rule for legislative review. The rule was assigned to the Senate Committee on Small Business, Emergency Preparedness, Technical Colleges, and Consumer Protection and to the Assembly Committee on Consumer Protection. Neither the Senate committee nor the Assembly committee held a hearing or took any action on the rule.
Children and Families
Family and Economic Security, Chs.
DCF 101 — 153
Revises Chapter
DCF 101, relating to Wisconsin Works sanction good cause exceptions. Effective 1-1-11.
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
None.
Children and Families
Early Care and Education, Chs.
DCF 201 — 252
Revises Chapter
DCF 201, relating to child care subsidy program integrity. Effective 1-1-11.
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
Legislative committees extended the review periods and the Department submitted germane modifications in response to concerns expressed by Legal Action of Wisconsin and AFSCME Child Care Providers Together. The committees had no further comments.
Commerce
Licenses, Certifications and Registrations, Ch.
Comm 5
Elevators, Escalators and Lift Devices, Ch.
Comm 18
Revises Chapters
Comm 5,
18,
81 and
84, relating to Wisconsin uniform plumbing code. Effective 1-1-11.
Summary of Final Regulatory Flexibility Analysis
Pursuant to s.
227.19 (3m), Stats., the Department of Commerce has determined that the proposed rules to update chapters Comm 81 to 84 will not have a significant impact on a substantial number of small businesses.
Summary of Comments by Legislative Review Committees
No comments received.
Commerce
Uniform Dwelling, Chs.
Comm 20 — 25
Wisconsin Commercial Building Code,
Revises Chapters
Comm 14,
21 to
23 and
61 to
63, relating to fire prevention; recordkeeping for fires; fire suppression for mobile kitchens; structural, ventilating, and vapor-barrier requirements for one- and two-family dwellings; and local enforcement, no-smoking signs, carbon monoxide detectors, and energy conservation, for commercial buildings. Effective 1-1-11.
Summary of Final Regulatory Flexibility Analysis
The proposed rules are minimum requirements to meet the directives of sections 101.14, 101.141, 101.573, and 101.575 the statutes, and any exceptions from compliance for small businesses would be contrary to the statutory objectives that are the basis for the rules.
No new substantive reporting would be imposed on small businesses.
No issues were raised by small businesses during either the public Hearing process or the legislative review process.
Summary of Comments by Legislative Review Committees
No comments received.
Commerce
Revises Chapters
Comm 48, relating to petroleum and other liquid fuel products. Effective 1-1-11.
Summary of Final Regulatory Flexibility Analysis
Chapter
168 of the Statutes requires that petroleum products meet minimum product-
grade specifications as prescribed by rule by the Department; and that the Department's inspections be conducted, so far as applicable, in accordance with the latest standards produced by ASTM International. Those statutory provisions do not exempt small businesses from these grade specifications or inspection requirements.
Updating chapter Comm 48 to make it consistent with current national standards for petroleum products and fuel ethanol, and inclusion of the clarifications and refinements relating to administration and enforcement, are expected to simplify compliance efforts for both small and large businesses.
No new substantive reporting will be imposed on small businesses.
No significant new other measures or investments would be required for compliance with the proposed rules.
Summary of Comments by Legislative Review Committees
No comments received.
Commerce
Financial Resources for Businesses and Communities, Chs.
Comm 100 —
Revises Chapters
Comm 106, relating to the Wisconsin Development Fund. Effective 1-1-11.
Summary of Final Regulatory Flexibility Analysis
Less stringent application requirements are not included for small-business applicants because the application process has been simplified so as to not impose unnecessary administrative burdens or other impediments on any business that applies for a corresponding grant and loan.
No substantive new reporting will be imposed on small businesses.
The rules are not expected to impose significant costs on small businesses for other measures because the rules address submittal of documentation, and other activities, only by applicants that choose to pursue the grants or loans addressed in the rules.
Summary of Comments by Legislative Review Committees
No comments received.
Commerce
Financial Resources for Businesses and Communities, Ch.
Comm 100 —
Revises Chapters
Comm 126, relating to the Wisconsin Venture Fund. Effective 1-1-11.
Summary of Final Regulatory Flexibility Analysis
Less stringent application requirements are not included for small-business applicants because the rules only address grants for the Wisconsin Angel Network and for research institutions or nonprofit organizations that are involved in economic development.
No substantive reporting will be imposed on small businesses.
Summary of Comments by Legislative Review Committees
No comments received.
Financial Institutions
Banking
Revises section
DFI-Bkg 74.01 (4) and creates sections
DFI-Bkg 74.01 (4) and
(5), relating to the exemption of health care billing companies from the definition of a collection agency. Effective 1-1-11.
Summary of Final Regulatory Flexibility Analysis
This proposed rule will have no adverse impact on small businesses.
Summary of Comments by Legislative Review Committees
No comments were received.
Health Services
Management and Technology and Strategic Finance,
Chs.
DHS 1 —
Community Services, Chs.
DHS 30 —
Revises DHS 12 Appendix A, 83, 88, 124, 127, 148 and 165, relating to minor technical changes. Effective 1-1-11.
Summary of Final Regulatory Flexibility Analysis
This proposed rule will have no adverse impact on small businesses.
Summary of Comments by Legislative Review Committees
No comments were received.
Health Services
Revises Chapters
DHS 110,
111,
112,
113, and
119, relating to emergency medical services, including first responders, emergency medical technicians (EMTs), first responder service providers, non-transporting EMT service providers, and ambulance service providers. Effective 1-1-11.
Summary of Final Regulatory Flexibility Analysis
The proposed rules will not have a negative fiscal impact on small or large private sector emergency medical service providers or training centers because the proposed rules consolidate, clarify, and by inserting new standards of care, update existing rules. These changes should make compliance easier and more efficient for small and large private sector providers.
Summary of Comments by Legislative Review Committees
No comments were received.
Health Services
Revising Chapter
DHS 138, relating to the subsidy of health insurance premiums for persons with HIV infection. Effective 1-1-11.
Summary of Final Regulatory Flexibility Analysis
The rules will not have a significant economic impact on small businesses.
Summary of Comments by Legislative Review Committees
No comments were received.
Insurance
Revises section
Ins 51.01, relating to the risk-based capital of health insurers, property and casualty insurers and fraternal insurers. Effective 1-1-11.
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
The legislative standing committees had no comments on this rule.
Insurance
Revises section
Ins 3.33, relating to uniform questions and format for individual health insurance. Effective 1-1-11.
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
The legislative standing committees had no comments on this rule.
Insurance
Revises section
Ins 3.75, relating to continuation of group insurance policies. Effective 1-1-11.
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
The legislative standing committees had no comments on this rule.
Marriage and Family Therapy, Professional Counseling and Social Work Examining Board
Revises section
MPSW 1.11, relating to psychometric testing. Effective 1-1-11.
Summary of Final Regulatory Flexibility Analysis
These proposed rules were reviewed by the department's Small Business Review Advisory Committee and it was determined that the rules will not have a 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 reported.
Natural Resources
Fish, Game, etc., Chs.
NR 1—
(DNR # WM-04-08)
Amends Chapters
NR 10 and
45, relating to hunting in state parks, including department managed portions of State Ice Age Trail areas. Effective 1-1-11.
Summary of Final Regulatory Flexibility Analysis
The revisions to chs.
NR 10 and
45, Wis. Adm. Code, pertain to hunting seasons and regulations. These rules are applicable to individual sportspersons and impose no compliance or reporting requirements for small businesses, nor are any design or operational standards contained in the rule. Therefore, under s.
227.19 (3m), Stats., a final regulatory flexibility analysis is not required.
Summary of Comments by Legislative Review Committees
No comments were reported.
Natural Resources
Fish, Game, etc., Chs.
NR 1—
(DNR # ER-10-10)
Summary of Final Regulatory Flexibility Analysis
Individuals from small businesses (e.g., private consulting firms) may choose to use the services provided in the rule. In the case of a pilot certification program, small businesses with certified employees may benefit from the rule by being able to provide additional services to their clients. These rules impose no compliance or reporting requirements for small businesses and thus are not expected to have a significant economic impact on a substantial number of small businesses. Therefore, under s.
227.19(3m), Stats., a final regulatory flexibility analysis is not required.
Summary of Comments by Legislative Review Committees
No comments were reported.
Natural Resources
Fish, Game, etc., Chs.
NR 1 —
(DNR # LF-05-10)
Revises Chapter
NR 45, relating to use of departmental property. Effective 1-1-11.
Summary of Final Regulatory Flexibility Analysis
This rule does not impose performance standards or compliance or reporting requirements for small businesses. Small business impacts from the commercial use permit fee increase will be minor as the permit fee increase is $20 per year. Even for a very small-scale business, the cost is likely to be easily absorbed by the business, and offset by revenues generated from the business conducted on the state property. This change is not expected to dramatically increase revenues to the system; rather it updates the fee relative to the value businesses receive from doing business on system properties, and the impact their work may have on the resources or facilities at the property. The current fee is significantly below market value, remains an economical choice for businesses or families to utilize, and is unlikely to impact demand.
The Corporate Event fee at Lakeshore State Park is $500 for less than 500 attendees and is intended to offset the additional expenses associated with sponsoring the event. The businesses impact is anticipated to be minimal for many small businesses.
The campground fee increases will not have a negative effect on nearby private campground owners. Private campgrounds may see a small increase in visitation and associated revenue if some campers select the private provider rather than paying the increased fee. The slow-no-wake proposal is not anticipated to have a measurable effect on commercial boat operators.
This is a Type III action under Chapter
150, Wis. Adm. Code, and neither are an environmental impact statement nor an environmental assessment is required.
Summary of Comments by Legislative Review Committees
No comments were reported.
Natural Resources
Fish, Game, etc., Chs.
NR 1 —
(DNR # FH-17-09)
Revises Chapters
NR 20,
21,
22, and
24, relating to commercial fishing on the Mississippi river boundary water of Wisconsin. Effective 1-1-11.
Summary of Final Regulatory Flexibility Analysis
Small businesses that may be affected by the proposed rule are commercial fishers who currently hold or may in the future a license for commercial fishing on the Wisconsin waters of the Mississippi River. This rule will allow licensed commercial fishers to use resident or non-resident helpers or crew members and not require the helpers or crew members to each hold an individual license. The rule does require the licensed commercial fisher to notify the department of the name and address of their helpers and crew members before they engage in commercial fishing activities, but only if the helper or crew member does not also hold a current commercial fishing license. This notification may be made when applying for the license, along with the commercial fisher's monthly report, or by calling the department and providing the information.
No new professional skills are needed to comply with the proposed rule.
Summary of Comments by Legislative Review Committees
No comments were reported.
Natural Resources
Fish, Game, etc., Chs.
NR 1 —
(DNR # WM-02-10)
Revises Chapters
NR 8,
10, and
12, relating to license and permit procedures, game and hunting, wildlife damage, and nuisance control and dog trials and training. Effective 1-1-11.
Summary of Final Regulatory Flexibility Analysis
The recommendations have been incorporated into the rule.
These rules are applicable to individual sportspersons and impose no compliance or reporting requirements for small business, nor are any design or operational standards contained in the rule. Therefore, under s.
227.19 (3m), Stats., a final regulatory flexibility analysis is not required.
Summary of Comments by Legislative Review Committees
The recommendations have been incorporated into the rule.
Natural Resources
Fish, Game, etc., Chs.
NR 1 —
(DNR # WM-21-10)
Revises Chapter
10, relating to hunting and the 2010 migratory bird seasons and waterfowl hunting zones. Effective 1-1-11.
Summary of Final Regulatory Flexibility Analysis
These rules are applicable to individual sportspersons and impose no compliance or reporting requirements for small business, nor are any design or operational standards contained in the rule. Therefore, under s.
227.19 (3m), Stats., a final regulatory flexibility analysis is not required.
Summary of Comments by Legislative Review Committees
No comments were reported.
Natural Resources
Environmental Protection — General, Chs.
NR 100 —
(DNR # WM-10-02)
Revises Chapter
NR 140, relating to groundwater standards. Effective 1-1-11.
Summary of Final Regulatory Flexibility Analysis
No specific direct effect on small business is anticipated. This rule establishes health and welfare related groundwater quality standards used for design, compliance and cleanup determinations. No new funding or business activity will be created.
Summary of Comments by Legislative Review Committees
The proposed rule revisions were referred to the Senate Committee on the Environment, and the Assembly Natural Resources Committee in August, 2010. No action was taken by either committee.
Natural Resources
Environmental Protection — General, Chs.
NR 100 —
(DNR # WT-14-08)
Revises Chapter
NR 151,
153, and
155, relating to runoff pollution performance standards and prohibitions, the targeted runoff management grant program and the urban nonpoint source and storm water management grant programs, and affecting small business. Effective 1-1-11.
Summary of Final Regulatory Flexibility Analysis
Small businesses directly affected by the proposed agricultural revisions in ch.
NR 151 are crop and livestock productions. The Wisconsin Agricultural Statistics Service estimates that in 2007 there were about 76,000 farms in Wisconsin (68,000 livestock operations). Most of these operations meet the definition of a small business. Other small businesses that would benefit from these rule revisions are restaurants, shops, marinas and similar businesses that rely on tourism and are adversely affected by degraded lake and river water quality caused by nonpoint source pollution.
Proposed revisions to the non-agricultural performance standards in ch.
NR 151 will apply to any business involved with land-disturbing construction activity. As part of a new construction project, businesses must meet the performance standards both for the construction phase and the post-construction phase as identified in an erosion and sediment control plan and in 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 designing and installing BMPs as part of their industrial storm water pollution prevention plan. Construction erosion control and post-construction storm water management are federal requirements for land disturbing construction sites of one acre or more. This rule proposes prescriptive measures for construction sites of less than one acre or sites not required to obtain permit coverage under the Clean Water Act. These sites are currently meeting similar performance standards as regulated by the Department of Commerce under ch. COMM 60 prior to its transfer to the department. Chapter COMM 60 requires an erosion control plan, but the proposed changes to ch.
NR 151 will not require development of a plan, just implementation of appropriate BMPs. There will be no reporting requirement.
A. Methods for Reducing Impacts on Small Business
1. Less stringent compliance or reporting requirements.
Agricultural Operations
Agricultural livestock and crop producers are required to comply with the new performance standards and modifications to the performance standards contained in ch.
NR 151, just as they are for the existing performance standards and manure management prohibitions. Producers who are in compliance with the existing nutrient management performance standard may already be in compliance with the proposed phosphorus index and tillage setback performance standards. The phosphorus index standard is included in nutrient management technical standard 590. The maintenance of streambank integrity, as proposed through a tillage setback standard, is an assumption of the phosphorus index calculation. In circumstances where the phosphorus index has been determined to be insufficient to achieve water quality standards in areas where a total maximum daily load (TMDL) has been approved, a phosphorus index lower than 6 may ultimately be required. The process wastewater performance standard may require producers to have higher levels of pollution control to be in compliance. The annual cap included in the phosphorus index performance standards may mean that some producers will need to modify their tillage practices to reduce the rate of cropland soil erosion.
For existing agricultural facilities and practices, compliance is only required if cost sharing is provided at 70% of the eligible costs, or up to 90% for cases of economic hardship. If actions needed to comply with the rules only involve minor management changes that aren't eligible for cost sharing, then a producer must implement those practices to comply with the standards without cost sharing. New agricultural facilities and practices that are established after the effective date of the new and modified performance standards will need to comply, regardless of the availability of cost sharing. In other words, any new facilities or practices installed or constructed after the performance standards are in effect must be installed or implemented in compliance with the new standards.
The proposed code changes do not require crop producers and livestock operators with less than 1,000 animal units to report to the department. Counties that choose to implement the performance standards and prohibitions via ordinances may require some form of reporting. It is not possible to determine what type of reporting or the impact such reporting would have on these types of operations. In general, the purpose of relying on performance standards and prohibitions is more conducive to minimal reporting, allowing operations to rely on more visual, rather than technical, methods of determining compliance. Reporting required by counties would likely be minimal due to the large number of facilities that will need to meet the standards.
Non-agricultural Businesses
The compliance and reporting requirements for businesses involved with land-disturbing construction sites, including commercial sites, will not change except that a plan is no longer required for sites less than one acre. The rule revisions provide for a clarification of the performance standards when developing an erosion and sediment control plan or a storm water management plan, but do not require additional reporting. Small businesses have been meeting the current reporting and compliance requirements of the permit program. It is not anticipated that small businesses undertaking new construction, whether it be for commercial or industrial sites, will have a harder time meeting the reporting and compliance requirements than any other industry or commercial development.
2. Less stringent schedules or deadlines for compliance or reporting requirements.
Agricultural Operations
Existing livestock operations with fewer than 1,000 animal units and crop producers are only required to comply with the new and modified performance standards if cost sharing is provided. Implementation schedules and deadlines, consequently, are dependent on when cost-sharing dollars are available. The code sets up time frames for compliance once dollars are available. Counties, however, may have different time frames established although cost sharing is still required. Since compliance is contingent on cost-share availability and cost-share dollars will be limited each year, it may be years before the standards are fully implemented and less stringent time frames would only stretch compliance out further. New crop producers and livestock facilities with fewer than 1,000 animal units will need to comply with the new and modified performance standards from the date the rule becomes effective, regardless of the availability of cost sharing. It is more cost effective for new facilities to construct best management practices or otherwise comply with performance standards up front rather than correct problems later on.
Non-agricultural Businesses
The proposed revisions did not change the schedule for compliance and reporting. A Notice of Intent (NOI) is still required to be submitted 14 days prior to commencing construction. Once construction commences, the required plans must be followed. This rule refines the performance standards for the erosion and sediment control plan and storm water management plan and does not change the time schedule. New industrial permittees will continue to have requirements to submit a Storm Water Pollution Prevention Plan prior to construction of a new site. As part of their construction NOI, their storm water management plan and best management practice implementation will have a clear set of performance standards to meet.
3. Consolidation or simplification of compliance or reporting requirements.
Agricultural Operations
Department compliance and reporting requirements for agricultural operations and facilities are not expected to change as a result of the proposed code changes. For crop producers and livestock operations with fewer than 1,000 animal units, the majority of compliance efforts will be handled through the counties. The counties can provide a convenient, accessible contact for operations and several counties have developed compliance checklists and/or tracking and reporting systems to consolidate and simplify compliance identification and verification. As for reporting, as mentioned above, the proposed rule revisions do not require additional reporting.
Non-Agricultural Businesses
For commercial development, the department will be assuming the responsibilities formerly held by the Department of Commerce to regulate storm water discharges from commercial building sites in a manner that meets ch.
NR 151 requirements. The rule revisions simplify the construction erosion control requirements that Commerce formerly imposed.
4. Performance standards in lieu of design or operational standards.
For both agricultural and non-agricultural operations, the program requirements are already in the form of performance standards. Many of these promote self-assessments on behalf of the operation because they can be easily recognized and complied with via site management or low-cost improvements. However, meeting some of the performance standards may require technical assistance with designs, operational standards or written management plans.
5. Exemptions from any or all requirements of the rule.
Agricultural Operations
Crop producers and livestock operations with fewer than 1,000 animal units cannot be wholly exempted from applicable performance standards and prohibitions because: 1) the authorizing statute was specifically established to apply to these operations (i.e., nonpoint source agricultural operations); and 2) they are the sectors that need to give further consideration to the impacts of their operations on water quality. Conditional exemptions based on the availability of cost sharing do exist.
Non-agricultural Businesses
Small businesses that undertake construction are required to comply with the construction erosion control and storm water management requirements of ch.
NR 151. Construction site erosion, whether it is from a small business or a large one is still potentially a major water quality problem and storm water discharges from these sites have been equally regulated with those of other businesses under ch.
NR 216. A small business building and parking lot can have a greater impact than a large business depending on the amount of imperviousness, and its proximity to a water resource. If small business were to be exempt from meeting the performance standards, then the level of control and the attainment of water quality standards would be significantly diminished.
Summary of Comments by Legislative Review Committees
No comments were reported.
Natural Resources
Environmental Protection — General, Chs.
NR 100 —
Environmental Protection — Water Supply,
Chs.
NR 800 —
(DNR # DG-25-10)
Revises sections
NR 142.03 (1),
(2) and
(3) and creates Chapter
NR 856, relating to the registration and reporting process for water withdrawals and affecting small business. Effective 1-1-11.
Summary of Final Regulatory Flexibility Analysis
The proposed rule does not have a significant economic impact on small businesses. This rule will affect small businesses that supply their own water with water supply systems that have the capacity to withdraw over 100,000 gallons per day. Small businesses, like other entities that are affected by this rule, will have to determine the amount of water used on a monthly basis and report that water use annually. Small businesses that receive water solely from a public water supply will not be impacted by this rule. The registration, withdrawal measurement, and reporting requirements are straightforward and can be accomplished by most individuals with no specific professional background.
Summary of Comments by Legislative Review Committees
No comments were reported.
Natural Resources
Environmental Protection — General, Chs.
NR 100 —
Environmental Protection — Water Supply,
(DNR # DG-23-10)
Repeals section
NR 142.03 (4) and creates Chapter
850, relating to water withdrawal fees in the Great Lakes basin and affecting small business. Effective 1-1-11.
Summary of Final Regulatory Flexibility Analysis
Although the rule will primarily affect public water systems, power companies, and large industrial water users, small businesses that will be affected include agricultural operations, including irrigation, livestock, and aquaculture. The department lacks comprehensive data regarding water withdrawals; however, the data the department does have suggests that relatively few small businesses withdraw more than 50 MGY. The proposed modification would limit the fees charged to a small business to $1,000.
Small businesses that withdraw an average of 100,000 gallons of water per day or more in any 30-day period must report their calendar year water usage to the department by March I of the following calendar year. Minimal computer skills will be necessary to report the amount of water withdrawn annually. Fees based on the amount of water withdrawn must be paid by June 30th . The department is developing an online reporting mechanism for water withdrawals that is expected to be easy to use and take little time to complete.
Summary of Comments by Legislative Review Committees
No comments were reported.
Natural Resources
Environmental Protection — Air Pollution Control,
Chs.
NR 400 —
(DNR # AM-06-10)
Revises Chapter
NR 410, relating to asbestos inspection and notification fees. Effective 1-1-11.
Summary of Final Regulatory Flexibility Analysis
The proposed rule changes do not increase any regulatory or reporting requirements on small businesses. Asbestos notification fees that are proposed to be increased by this rule are ultimately paid by the owners of the structures that are being renovated or demolished. Some of those owners are small businesses. However, the increased fee amounts are a very small percentage of the overall cost of the related renovation or demolition projects. No comments were received from building owners concerning the proposed increased fees. Three comments were raised during the public comment period by asbestos abatement contractors, who were likely small businesses. It is quite common for abatement contractors to initially pay the notification fees for a project, and then be reimbursed once they are paid for their work. The issue is the notification fee cost that is “carried" by the contractors during the course of the abatement contract. We believe this can be mitigated by structuring abatement project contracts to provide for payment of notification fees by the project owners as those costs are incurred.
Summary of Comments by Legislative Review Committees
The rules were reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Environment. A hearing was held by the Senate Committee on September 29, 2010. No comments or requests for modifications from either committee were forwarded to the Department.
Natural Resources
Environmental Protection — Air Pollution Control,
Chs.
NR 400 —
(DNR # AM-09-10)
Revises Chapter
NR 410, relating to air management new source permit application review fees. Effective 1-1-11.
Summary of Final Regulatory Flexibility Analysis
The proposed rule has the potential to have a significant impact on a substantial number of small sources.
I. Identify and discuss why the rule includes or fails to include any of the following methods for reducing the impact on small business.
A. Less stringent compliance or reporting requirements.
Not applicable. Proposal does not impose any compliance or reporting requirements
B. Less stringent schedules or deadlines for compliance or reporting requirements.
Not applicable. Proposal does not impose any compliance or reporting deadlines.
C. Consolidation or simplification of performance standards in lieu of design or operational standards.
Not applicable. Proposal does not impose any performance, design or operational standards.
D. The establishment of performance standards in lieu of design or operational standards.
Not applicable. Proposal does not impose any design or operational standards.
E. The exemption from any or all requirements of the rule:
Proposal applies to sources that do not qualify for exemptions that currently exist in permitting rule. Proposal does provide relief for small business for additional fees that apply over and above the initial application fee when the small business withdraws the permit application prior to a final determination being made.
II. Summarize the issues raised by small business during the rule hearings, any changes made in the proposed rule as a result of alternatives suggested by small business and the reasons for rejecting any alternatives suggested by small business.
No issues were raised by small business during the hearings or during the public comment period.
III. Identify and describe any reports required by the rule that must be submitted by small business and estimate the cost of their preparation.
No reports are required by the proposal.
IV. Identify and describe any measures or investments that small business must take to comply with the rule and provide an estimate of the associated cost.
No measures or investments need to be made by small business to comply with the proposal.
V. Identify the additional cost, if any, to the state in administering or enforcing a rule which includes any of the methods listed in I. A through E.
Not applicable.
VI. Describe the impact on public health, safety and welfare, if any, caused by including in the rule any of the methods listed in I. A through E.
Not applicable.
Summary of Comments by Legislative Review Committees
The rules were reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Environment. A hearing was held by the Senate Committee on September 29, 2010. No comments or requests for modifications from either committee were forwarded to the Department.
Natural Resources
Environmental Protection — Water Supply,
(DNR # DG-24-10)
Creates Chapter
NR 852, relating to water conservation and water use efficiency for water withdrawals and affecting small business. Effective 1-1-11.
Summary of Final Regulatory Flexibility Analysis
The proposed rule does not have a significant economic impact on small businesses. This rule will affect small businesses that supply their own water using water supply systems in the Great Lakes basin with certain water withdrawals as identified in Tier 1, Tier 2 or Tier 3 and businesses statewide that withdraw water that will result in a water loss averaging more than 2,000,000 gallons per day in any 30-day period. Small businesses will have to submit an annual report describing and quantifying the success or failure of the implemented CEMs and documentation of any other implemented CEMs as required for Tier 2 or Tier 3 withdrawals. The implementation of water conservation and efficiency measures required for this rule may require basic engineering and accounting skills to analyze the CEMS for cost effectiveness and determine if the CEMs are environmentally sound and economically feasible. Department staff will offer compliance assistance services to help small businesses implement conservation and efficiency measures. Depending on the business sector, there may be a need for businesses to hire external professionals to assist with engineering or accounting skills to implement the CEMs. Small businesses that receive water solely from a public water supply will not be impacted by this rule.
Summary of Comments by Legislative Review Committees
No comments were reported.
Public Instruction
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 were reported.
Regulation and Licensing
An order of the Department of Regulation and Licensing to repeal RL 7.07 (1) and Appendix
I to ch.
RL 7; to renumber RL 7.03 (6); to renumber and amend RL 7.03 (1) and (3) to (5); to amend ch.
RL 7 (title),
RL 7.01 (2), 7.02 (1) to (2b) and (7), 7.03 (2), 7.04 (1) (e), (f), (2) and (3), 7.05 (3), 7.07 (3) (a), (b) and (c), 7.08 (2) and 7.11 (1) (d) and (e); and to create RL 7.03 (1) and 7.07 (3) (e) and (4), relating to the impaired professionals procedure. Effective 1-1-11.
Summary of Final Regulatory Flexibility Analysis
After review by the department's Small Business Review Advisory Committee, it was determined that these proposed rules will have no 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.
Transportation
The Wisconsin Department of Transportation adopts an order to create Trans 75, relating to bikeways and sidewalks in highway projects. Effective 1-1-11.
Summary of Final Regulatory Flexibility Analysis
This proposed rule has no effect on small business.
Summary of Comments by Legislative Review Committees
No comments were reported.
Transportation
The Wisconsin Department of Transportation adopts an order amending section
Trans 131.01 (2),
131.02 (1m),
(6),
(10),
(34m),
(50m),
(54) and
(56m),
131.03 (title),
(4),
(6) (title),
(a)1.,
2. and
4.,
(d) 2.,
3.,
5. and
8.,
(10) (a) 3.,
(d) 2.,
(11) (title),
(n) and
(o),
(15) (a)1.,
2.,
12.,
23.,
24. and
29.,
131.04 (2) (b) and
(c),
131.05 (1),
(1) (j) and
(3),
131.06 (2) (b),
131.07 (1) (b),
131.11 (1) (intro.),
(a) and
(e),
131.12 (3),
131.13 (1) (a) 4. and
6., and
(6) (b) and
(c),
131.14 (3) (title),
(5) (a),
(b) and
(e), and
131.15 (1), relating to the vehicle emission inspection process. Effective 1-1-11.
Summary of Final Regulatory Flexibility Analysis
The rule will have no effect on small business.
Summary of Comments by Legislative Review Committees
No comments were reported.
Workforce Development
Public Works Construction Contracts,
Chs.
DWD 290 — 294
Revises Chapter
DWD 290, relating to prevailing wage rates. Effective 1-1-11.
Summary of Final Regulatory Flexibility Analysis
Because the proposed rule carries forward the new or amended requirements of the statutes as affected by
2009 Act 28, the proposed rule of itself does not have an effect on small business.
Summary of Comments by Legislative Review Committees
No comments were reported.
