Rules Published with this Register and Final Regulatory Flexibility Analyses
The following administrative rule orders have been adopted and published in the August 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.
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Administration
A rule-making order to revise Chapter
Adm 43, relating to non-municipal electric utility low-income assistance fees. Effective 9-1-08.
Summary of Final Regulatory Flexibility Analysis
Pursuant to s.
227.114, Stats., the rule amendments herein are not expected to negatively impact on small businesses. The rule will have no specific affect on small businesses. Small businesses will no longer be required to pay the efficiency portion of the “non-taxable fixed charge" currently included with utility bills. Rather, a comparable amount will now be included in the regular electricity bill. The State Low-Income Assistance Fee, which represents the low-income portion of the previous fee will appear on the electric bill after July 1, 2007, but the fee itself is imposed on all electric utility customers by s.
16.957(4), Stats. The rule does not establish any compliance or reporting requirements, or performance standards for small businesses.
Summary of Comments by Legislative Review Committees
No comments were reported.
Administration
A rule-making order to revise Chapter
Adm 45, relating to low income assistance public benefits. Effective 9-1-08.
Summary of Final Regulatory Flexibility Analysis
Pursuant to s.
227.114, Stats., the rule amendments herein are not expected to negatively impact on small businesses.
Summary of Comments by Legislative Review Committees
No comments were reported.
Administration
A rule-making order to repeal Chapter
Adm 44, relating to energy conservation and efficiency and renewable resource programs. Effective 9-1-08.
Summary of Final Regulatory Flexibility Analysis
Pursuant to s.
227.114, Stats., the repeal of this rule is not expected to negatively impact on small businesses. A similar set of energy conservation and efficiency and renewable resource programs will be maintained by non-municipal electric utilities with oversight by the Public Service Commission, with no break in service to customers or small businesses.
Summary of Comments by Legislative Review Committees
No comments were reported.
Children and Families
(Formerly Department of Workforce Development)
A rule-making order to revise section
DWD 56.08, relating to child care copayments and affecting small businesses. Effective 9-1-08.
Summary of Final Regulatory Flexibility Analysis
The proposed 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 small businesses.
Summary of Comments by Legislative Review Committees
No comments were received.
Commerce
A rule-making order to create Chapter
Comm 156, relating to manufactured housing rehabilitation and recycling. Effective 9-1-08.
Summary of Final Regulatory Flexibility Analysis
Under section
560.285 (3) of the Statutes, the Department is required to contract with one or more nonprofit entities for the administration of the grant program addressed by the proposed rules. Less stringent application and compliance requirements are not proposed for such entities that are small businesses, because uniform contractual and reporting criteria are expected to result in maximizing the effectiveness of the grant funding, and reasonable administrative costs can be covered by each grant.
The Hearing comments included recommendations to (1) not wait four months for classifying a manufactured home as being abandoned, after ownership has been relinquished because of hospitalization or other incapacity-type conditions; (2) more clearly convey that the definition for “manufactured home" includes mobile homes; (3) replace a requirement for having a lease of at least one year for a home site, to instead having a written lease in accordance with section
710.15 of the Statutes, in order to accommodate renters with month-to-month leases; and (4) further direct the funding to actual repairs for homeowners who are most in need of the financial assistance, rather than to inspections, appraisals or administrative costs. These recommendations have been incorporated into the rules.
Periodic progress reports will be required through the Department's contracts with the nonprofit entities administering the grant program, and reasonable costs for that reporting can be covered by each grant.
Summary of Comments by Legislative Review Committees
No comments were received.
Employee Trust Funds
A rule-making order to revise Chapter
ETF 70, relating to the start date for phasing out investment options under the Wisconsin deferred compensation plan and to expand emergency financial hardship withdrawals for beneficiaries. Effective 9-1-08.
Summary of Final Regulatory Flexibility Analysis
This rule-making has no significant effect on small businesses because only governmental employers and their employees may participate in the benefit programs under chapter 40 of the statutes, administered by the Department of Employee Trust Funds.
Summary of Comments by Legislative Review Committees
No person wished to testify concerning the rule. The record was held open for written comments until 4:30 p.m. on March 20, 2008, but no comments were received.
Natural Resources
A rule-making order to revise section
NR 1.212 (3) (a), relating to the referral of private timber sale requests to cooperating foresters. Effective 9-1-08.
Summary of Final Regulatory Flexibility Analysis
The proposed rule has an economic impact on a substantial number of small businesses. The rule will create an opportunity for private consulting forestry firms to expand to meet the demand for private timber harvest assistance. The rule removes competition from the State to provide timber harvest assistance on private land. The rule does not, however, impose any new regulatory or reporting requirements on small businesses. The rule would also impact landowners who operate their woodlands as a small business, causing them to pay for timber sale set up and administration services from private enterprise foresters rather than receive free assistance from the State.
Summary of Comments by Legislative Review Committees
The rule was reviewed by the Senate Committee on Campaign Finance Reform, Rural Issues and Information Technology and the Assembly Committee on Forestry. The Assembly Committee on Forestry held a public hearing on August 21, 2007 and requested modifications. The Committee had concerns about the Department's Private Forestry Handbook, a handbook used by Department staff to implement the policy. The handbook modifications include a 120-day (up from 60 days) referral period for non-tax law timber sale requests. All tax law timber sales (mandatory practices) are provided to Cooperating Foresters two years in advance of the year in which the mandatory practice is scheduled. Department foresters may begin work on those timber sales once the referral process has been met, starting January 1 of the year that the practice is scheduled. Department foresters are to work on the oldest mandatory practices first, so a 2005 practice takes priority and is to be completed before a 2006 practice. The Department also developed a separate process for emergency events like wind storms.
The Assembly Committee on Forestry reviewed the modifications and referred the rule out of the Committee.
Natural Resources
A rule-making order to revise Chapters
NR 20 and
21, relating to the hook and line harvest of lake sturgeon. Effective 9-1-08 and 1-1-09.
Summary of Final Regulatory Flexibility Analysis
The proposed rule does not impose any compliance or reporting requirements on small businesses, nor are any design or operational standards contained in the rule. Therefore, a final regulatory flexibility analysis is not required.
Summary of Comments by Legislative Review Committees
The proposed rule was reviewed by the Senate Committee on Environment and Natural Resources and the Assembly Committee on Natural Resources. On June 18, 2008, the Assembly Committee on Natural Resources held a public hearing. The Department did not receive any comments or requests for modifications as a result of the hearing.
Natural Resources
