Effect on Small Business
Pursuant to s.
227.114, Stats., the proposed rule may have an impact on small businesses.
Initial regulatory flexibility analysis
Types of small businesses affected
Certified commercial laboratories
Description of reporting and bookkeeping procedures required
Laboratories are required to use approved analytical methods for analyses. There are no specific bookkeeping requirements.
Description of professional skills required
The rule requires levels of professional skills commensurate with the complexity of the tests performed by a laboratory, the breadth of operations, and the degree of sophistication of the analytical instrumentation used. Analyses covered by the rule are performed by personnel with a wide spectrum of credentials, from wastewater operators and laboratory technicians with a basic high school science education to degreed chemists, biologists and other scientists. The rule does not specifically require academic degrees or a minimum number of years of experience for those involved in its implementation.
Small business regulatory coordinator
Environmental Impact
The Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch.
NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.
Fiscal Estimate
Summary
Local governmental units that operate laboratories that perform analyses in support of a discharge permit that reference analytical methods that have been deleted may incur small costs to update their procedures. When the change is simply to another method, or where there are no changes to the analytical process, costs will be minimal. Some facilities may opt to use newer techniques that take less time, or have minimal calibration protocols. This rulemaking does not require laboratories to make expenditures related to newer techniques to maintain compliance.
Five sanitary district laboratories currently maintain certification to perform oil and grease determinations utilizing freon as an extraction solvent; one district also performs the hexane extractable materials method. The four remaining laboratories will either be required to add the newer method or stop performing these analyses. Each of these have indicated that they will no longer perform this testing in house due to time constraints, complexity of the method, or the cost to implement the new method. Deletion of the oil and grease (freon) technique will also result in cost-savings to laboratories. One laboratory indicated its most recent purchase of freon, 60 pounds, cost over $1,400. Since a comparable volume of hexane costs about $480, a laboratory would be able to perform almost three times the number of hexane extractable materials analyses for the same cost. Alternatively, these facilities could opt to subcontract these analyses to a commercial laboratory. It is likely that subcontracting option when compared to performing these analyses in-house when only a small
State fiscal effect
There will be no state fiscal impact based on this rule revision.
Local fiscal effect
Costs: Indeterminate. Increases or decreases in costs: Permissive.
Types of local governmental units affected
Villages, cities, and sanitary districts
Long-range fiscal implications
None
Submission of Written Comments, Contact Person, and Copy of Proposed Rule
The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site:
http://adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. mail to Ms. Diane Drinkman, Bureau of Science Services, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until August 29, 2008. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings. A personal copy of the proposed rule and fiscal estimate may be obtained from Ms. Drinkman.
Notice of Hearing
Revenue
Hearing Information
The hearing will be held:
August 26, 2008 Events Room
at 1:00 p.m. State Revenue Building
2135 Rimrock Road
Madison, Wisconsin,
Analysis Prepared by the Department of Revenue
Statutes interpreted
Statutory authority
Related statute or rule
Summary of the effect of the proposed rule order
This proposed rule order will:
•
Specify the standards for eligibility as a wine collector and the means by which a wine collector will register with the department;
•
Detail the form and manner by which a wine collector will notify the department of the intent to sell wine the collector has held for at least eight years;
•
Describe the requirements for and the method by which applicants can be certified as small wineries and renew prior certifications; and
•
Outline the process for the creation of small winery cooperative wholesalers and the requirements for their operation and permit renewals.
Plain language analysis
This proposed rule does the following:
•
Provides the requirements for registration of wine collectors, the sale of wine held by the collector to other wine collectors and notice to the department in advance of any sale.
•
Details the procedure for the creation and organization of small winery cooperative wholesalers. Listing the application process, and requirements for the members of the cooperative.
•
Creates a provision specifying that the department may approve cooperative wholesaler applications to provide greater public convenience and service to all areas of Wisconsin.
•
Details the activities authorized for small winery cooperative wholesalers.
Comparison with federal regulations
The Federal Alcohol Administration Act, Title 27 Chapter
8 of the United States Code, provides for regulation of those engaged in the alcohol beverage industry. The proposed rule does not conflict with, overlap, or duplicate other rules or federal regulations.
Comparison with rules in adjacent states
Illinois – No similar rule exists.
Iowa – No similar rule exists.
Michigan – No similar rule exists.
Minnesota – No similar rule exists.
Summary of factual data and analytical methodologies
2007 Wisconsin Act 85 created s.
125.03 (1) (b), which established the registration of wine collectors and the requirements for the sale of wine by a wine collector, and s.
125.545 Stats., which defines small wineries and establishes the standards for the creation of a small winery cooperative wholesaler. The principal purpose of cooperative wholesalers is to sell and distribute wine manufactured by small wineries. Within the provisions of s.
125.03 (1) (b), Stats., is a requirement that the department promulgate rules to:
•
Provide for the registration of wine collectors.
•
Establish the standards of eligibility for registration as a wine collector.
•
Specify the form and manner of notice required before the sale of wine by a wine collector.
Within the provisions of s.
125.545 (6) (b), Stats., is a requirement that the department shall promulgate rules to administer and enforce the requirements relating to small winery cooperative wholesalers.
In consultation with wineries, the Wisconsin federation of cooperatives, the University of Wisconsin center for cooperatives, and the liquor wholesaler industry, the department has created this proposed rule order to satisfy the above requirements.
Analysis and supporting documents used to determine effect on small business
This proposed rule is created in accordance with SECTION
50 of
2007 Wisconsin Act 85 and ss.
125.03 (1) (b) and
125.545 (6) (b), Stats., to administer and enforce statutory requirements pertaining to wine collectors and small winery cooperative wholesalers. As the rule does not impose any significant financial or other compliance burden, the department has determined that it does not have a significant effect on small business.
Anticipated Costs Incurred by Private Sector
This proposed rule does not have a significant fiscal effect on the private sector.
Effect on Small Business
This proposed rule does not have a significant effect on small business.
Small business contact person
Julie Raes
Department of Revenue
Mail Stop 6-73
2135 Rimrock Road
P.O. Box 8933
Madison, WI 53708-8933
Telephone (608) 267-9892
Fiscal Estimate
2007 Wisconsin Act 85 established requirements for the registration of wine collectors and for the sale of wine by a wine collector. In addition, Act 85 also defined small wineries and created standards for the formation of a small winery cooperative wholesaler to distribute wine manufactured by small wineries.
As authorized by Act 85, the proposed rule, under s.
125.03 (1) (b) Stats., provides for the registration of wine collectors, establishes the standards of eligibility for the registration, and specifies the form of notice required for the sale of wine by a wine collector. In addition, under s.
125.545 Stats., the proposed rule establishes a framework to administer and enforce the requirements relating to small winery cooperative wholesalers.
While the Department of Revenue anticipates that the costs to administer the entirety of Act 85 to be $96,800 on an annualized basis, this proposed rule, which establishes requirements only for the portions of the act described above, does not have any significant fiscal effect.
Submission of Written Comments
Interested persons are invited to appear at the hearing and may make an oral presentation. It is requested that written comments reflecting the oral presentation be given to the department at the hearing. Written comments may also be submitted to the contact person shown below no later than September 5, 2008, and will be given the same consideration as testimony presented at the hearing.
Agency Contact Person
