Rules published with this register and final regulatory flexibility analyses
The following administrative rule orders have been adopted and published in the October 31, 2004, 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
(
CR 03-119)
An order affecting ch.
ATCP 35, relating to the agricultural chemical cleanup program.
Effective 11-1-04.
Summary of Final Regulatory Flexibility Analysis
The rule changes will not have a major impact on small business. The primary impact will be negative in that the rule incorporates statutory language that lowers the reimbursement rate that can be paid to those small businesses that experience a fertilizer or pesticide spill. Small businesses will not need additional professional services to comply with this rule.
Summary of Comments by Legislative Review Committees
On July 8, 2004, DATCP transmitted the above rule for legislative committee review. The rule was assigned to the Senate Committee on Agriculture, Financial Institutions and and Insurance and to the Assembly Committee on Agriculture. Neither the Assembly Committee on Agriculture nr the Senate Committee on Agriculture, Financial Institutions and Insurance took any action on the rule during their review period.
Agriculture, Trade and Consumer Protection
(
CR 04-005)
An order affecting chs.
ATCP 10,
12,
42,
50,
60,
74,
80,
92,
118,
134,
140 and
162, relating to remedial technical rule changes.
Effective 11-1-04.
Summary of Final Regulatory Flexibility Analysis
This rule will have no significant effects on businesses. This rule merely clarifies current rule provisions, or conforms those provisions to current law.
Summary of Comments by Legislative Review Committees
On June 29, 2004, DATCP transmitted the above rule for legislative committee review. The rule was assigned to the Senate Committee on Agriculture, Financial Institutions and Insurance, and to the Assembly Committee on Agriculture. Neither the Assembly Committee on Agriculture, nor the Senate Committee on Agriculture, Financial Institutions and Insurance took any action on the rule during their review period.
An order affecting chs.
HFS 36,
105 and
107, relating to standards for certification and criteria for determining the need for psychosocial rehabilitation services and other conditions of coverage of community-based psychosocial rehabilitation services under the medical assistance program.
Effective 11-1-04.
Summary of Final Regulatory Flexibility Analysis
There will be no adverse affect on small businesses. If psychosocial rehabilitation services currently are being provided, then the individual consumer or the county of responsibility is paying for the cost of the services. This rule will permit the county of responsibility to use their existing funds that are being expended for these services as the required match to the federal portion of Medicaid funding (federal financial participation or FFP). The increase in available funding may result in an increase in revenues for a local small business if the county and the consumer select the business as a provider of a component of the psychosocial rehabilitation services for the consumer.
Summary of Comments by Legislative Review Committees
No comments were received.
An order affecting ch.
HFS 158, relating to the fee for monitoring radiation emissions in the vicinity of nuclear power plants. Effective 11-1-04.
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.
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.
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.
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.
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.
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.
