Rules Published with this Register and Final Regulatory Flexibility Analyses
The following administrative rule orders have been adopted and published in the May 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.
Commerce
A rule-making order revising ch.
Comm 130, relating to the manufacturing investment credit. Effective 6-1-08.
Summary of Final Regulatory Flexibility Analysis
As outlined in section
560.28 (2) of the Statutes, these rules establish uniform criteria for becoming certified as eligible to claim tax credits for fuel and electricity used in manufacturing, under sections
71.07 (3t),
71.28 (3t), and
71.47 (3t) of the Statutes.
The Hearing comments included recommendations to develop an appeal process, and to develop guidance on how certification would occur in situations where there was a change in corporate ownership or structure during the 2003-2006 time period. The rules were not changed in response to these comments because the prevailing legislation –
2003 Wisconsin Act 99 – does not accommodate these options.
Summary of Comments by Legislative Review Committees
No comments were received.
Employment Relations Commission
A rule-making order revising section
ERC 10.08, relating to increased filing fees. Effective 6-1-08.
Summary of Final Regulatory Flexibility Analysis
Small businesses rarely use those Commission services (grievance arbitration, mediation, and unfair labor practice complaints) impacted by the increase in filing fees. The occasional impact on small business of the fee increase will be limited to payment of the employer share of the increased fees for grievance arbitration and mediation (increase of $150 for total of $400) or the payment of the increased fee for filing an unfair labor practice complaint (increase of $20 for total of $100). Compliance with the emergency rules and the proposed permanent rules does not require any reporting, bookkeeping or professional skills.
Summary of Comments by Legislative Review Committees
No comments were reported.
Natural Resources
A rule-making order revising ch.
NR 440, relating to incorporation of revisions and additions to the federal New Source Performance Standards. Effective 6-1-08.
Summary of Final Regulatory Flexibility Analysis
The proposed rules are substantively identical to rules already in effect at the federal level. Any small businesses currently subject to the federal requirements will, therefore, not be impacted by incorporation of these requirements into the Wisconsin administrative 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 and Natural Resources. On November 19, 2007, the Assembly Committee on Natural Resources. On December 19, 2007, the Assembly Committee on Natural Resources held a public hearing. The Department did not receive any comments or a request for modification as a result of this hearing.
Natural Resources
A rule-making order revising chs.
NR 19 and
20, relating to the control of fish diseases and invasive species.
Effective 6-1-08.
Summary of Final Regulatory Flexibility Analysis
The proposed rule will affect bait dealers, wholesale fish dealers, commercial fishers, anglers, boaters and individuals involved in the harvest, rearing or use of fish bait. This rule will have varying degrees of financial impact on bait dealers, wholesale fish dealers, commercial fishers and other businesses involved in the harvest, rearing or use of fish bait. The impact will depend upon the degree to which the geographic scope of the virus expands, as well as the ability of a business to comply with both the DNR rule changes and the fish testing rule changes that are anticipated to be implemented by DATCP as a result of VHS.
Summary of Comments by Legislative Review Committees
The proposed rules were reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Environment and Natural Resources. On January 16, 2008, the Assembly Committee on Natural Resources held a public hearing and requested modifications to the proposed rule. On January
On March 26, 2008, the Natural Resources Board adopted modifications that will allow anglers to retain minnows after a fishing trip if the minnows were obtained from a Wisconsin bait dealer and have not been exposed to the water or fish of the lake or stream, or the minnows were obtained from a Wisconsin bait dealer and will subsequently be used for bait only on that same water body; up to 2 gallons of water in a container holding those minnows may be transported away from the water body; the harvest of minnows (except suckers) from any water body where the Department has reason to believe that the VHS virus may be present (as identified by the Department) is prohibited; and suckers may be harvested from those waters, but may not be transported alive away from those waters.
The modifications were submitted to the Senate Committee on Environment and Natural Resources and the Assembly Committee on Natural Resources. The Department did not receive any comments from the committees on the proposed modifications.
Natural Resources
A rule-making order creating s.
NR 462.015, relating to national emission standards for hazardous air pollutants for industrial commercial and institutional boilers and process heaters and potentially affecting small business. Effective 6-1-08.
Summary of Final Regulatory Flexibility Analysis
The Department believes that few if any small businesses are affected. Staying implementation of ch.
NR 462 would initially reduce the impact on any affected small business. However, if section 112(j) of the Clean Air Act (MACT hammer) applies, any affected small businesses would be required to prepare and submit permit applications and may be subject to more stringent requirements under a case-by-case Boiler MACT determination.
Summary of Comments by Legislative Review Committees
The proposed rule was reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Environment and Natural Resources. On March 6, 2008, the Assembly Committee on Natural Resources held a public hearing. No comments or recommendations were received by the Department as a result of this hearing.
Pharmacy Examining Board
A rule-making order amending s.
Phar 7.02, relating to prescription labels. Effective 6-1-08.
Summary of Final Regulatory Flexibility Analysis
These 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.
Pharmacy Examining Board
Summary of Final Regulatory Flexibility Analysis
These 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.
Public Service Commission
A rule-making order amending ss.
PSC 111.71 and
112.073, relating to the information to be included in an electric utility construction application. Effective 6-1-08.
Summary of Final Regulatory Flexibility Analysis
This rulemaking does not affect small businesses.
Summary of Comments by Legislative Review Committees
No comments were reported.
Regulation and Licensing
A rule-making order revising chs.
RL 83 and
86 and Appendix
I of ch.
RL 87, relating to the uniform standards of professional appraisal practice (USPAP) for real estate appraisers. Effective 6-1-08.
Summary of Final Regulatory Flexibility Analysis
These 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.
Revenue
A rule-making order amending s.
Tax 8.63 (1) and creating s.
Tax 8.63 (1m) and
(7), relating to liquor wholesaler warehouse facilities. Effective 6-1-08.
Summary of Final Regulatory Flexibility Analysis
This rule order does not have a significant effect on small business.
Summary of Comments by Legislative Review Committees
No comments were reported.
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