The following administrative rule orders have been adopted and published in the May 31, 2009, 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
Licenses, Certifications and Registrations, Ch.
Comm 5
Revises Section
Comm 5.73, relating to liquefied gas suppliers. Effective 6-1-09.
Summary of Final Regulatory Flexibility Analysis
The rules implement the licensing mandates imposed by
2007 Wisconsin Act 203. The primary businesses affected by these licensing mandates are suppliers who fill propane gas cylinders. This would include bulk gas suppliers, cooperatives, hardware stores and camp grounds. The department does not believe that the rules will increase the effect on small businesses over that imposed by the Act.
Summary of Comments by Legislative Review Committees
No comments were received.
Commerce
Revises Chapters
Comm 20,
21,
62 and
66, relating to carbon monoxide alarms. Effective 6-1-09.
Summary of Final Regulatory Flexibility Analysis
The rules implement the mandates imposed by
2007 Wisconsin Act 205. The Act establish requirements for the installation and maintenance of carbon monoxide alarms in buildings accommodating residential type occupancies where people sleep or lodge, excluding hospitals and nursing homes. The department does not believe that the rules will increase the effect on small businesses over that imposed by the Act.
Summary of Comments by Legislative Review Committees
No comments were received.
Commerce
Financial Resources for Businesses and Communities, Chs.
Comm 104—
Housing Assistance, Chs.
Comm 150—
Revises Chapters
Comm 108 and
154, relating to emergency assistance grants in the Community Development Block Grant (CDBG) Program. Effective 6-1-09.
Summary of Final Regulatory Flexibility Analysis
Pursuant to section
227.19 (3m) of the Statutes, the Department has determined that the rules that repeal limits on emergency assistance grants in the CDBG Program will not have a significant impact on a substantial number of small businesses.
Summary of Comments by Legislative Review Committees
No comments were received.
Health Services
Community Services, Chs.
DHS 30—
Creates Chapter
DHS 35, relating to outpatient mental health clinics. Effective 6-1-09.
Summary of Final Regulatory Flexibility Analysis
The rules will affect a substantial number of small businesses, but will not have a significant economic impact on those businesses. In modifying the final rule, the Department worked diligently to balance the concerns of varying organizations and individuals who have competing perspectives and opinions on the rules. The modified rule represents compromise from the Department, providers, mental health advocates and others. While it was impossible to reach consensus from all parties involved, we are confident the revised rule strikes a good balance.
Summary of Comments by Legislative Review Committees
The Senate Committee on Health, Human Services, Insurance and Job Creation held a public hearing on September 18, 2008. On September 25, 2008, the Senate Committee on Health, Human Services, Insurance and Job Creation requested modifications in specific areas of the rule. Per the Committee's instructions, the Department solicited input from affected stakeholders and worked with stakeholders to address the concerns they brought forward. Based on input from stakeholders, the Department made several modifications to the rule, and on December 15, 2009, submitted the modifications to the Senate Committee, and the Assembly Committee on Public Health. No comments were received and no further action was taken by either Committee.
Health Services
Community Services, Chs.
DHS 30—
Revises Chapter
DHS 97, relating to complaint procedures for inmates of the Wisconsin Resource Center. Effective 6-1-09.
Summary of Final Regulatory Flexibility Analysis
The rule does not affect businesses.
Summary of Comments by Legislative Review Committees
No comments were received.
Health Services
Revises Chapter
DHS 119, relating to training in the use of automated external defibrillators for emergency medical technicians, first responders, and individuals who provide instruction to emergency medical technicians and first responders, and affecting small businesses. Effective 6-1-09.
Summary of Final Regulatory Flexibility Analysis
The rules 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.
Natural Resources
Fish, Game, etc., Chs.
NR 1—
Revises Chapter
NR 47, relating to the administration of the urban forestry catastrophic storm grant program. Effective 6-1-09.
Summary of Final Regulatory Flexibility Analysis
Small business may benefit as a result of the new grant program. Grant recipients may contract with small businesses in Wisconsin for equipment sales, consulting services, providing diverse nursery stock, along with removal, remediation and tree utilization efforts.
Summary of Comments by Legislative Review Committees
The rules were reviewed by the Senate Committee on Environment and Natural Resources and the Assembly Committee on Natural Resources. The Department did not receive any comments or requests for modification.
Natural Resources
Environmental Protection — Wis. Pollutant Discharge Elimination System, Chs.
NR 200—
Revises Chapter
NR 219, relating to analytical test methods and procedures. Effective 6-1-09.
Summary of Final Regulatory Flexibility Analysis
The rule does not have a significant economic impact on a substantial number of small businesses. The small businesses impacted by the rule are commercial laboratories that perform compliance monitoring for WPDES permittees. The vast majority of these laboratories have previously implemented use of newer analytical methods that were retained in Tables A-EM of this chapter. For most parameters where small businesses may have to update their method references, the Department has maintained at least one method from the current language. There were only four specific techniques eliminated— three of these included mercury-containing reagents for which other alternatives using similar techniques were retained. Hexane extractable materials, an alternative to the freon extraction for oil and grease, has been in use by laboratories for over a decade. All of the small businesses that perform oil and grease determinations currently maintain certification for the hexane method. The Department no longer offers certification for the freon extraction method.
Sample preservation requirements for tests that are typically considered field parameters and are not required to be performed by certified laboratories, were clarified so there is no question as to whether data from these time-sensitive tests is valid. The hold times for hexavalent chromium and polychlorinated biphenyls (PCBs) increased; this will allow small businesses more flexibility in scheduling and performing these analyses. Clarification of procedures for potential interferences in cyanide analyses will allow small business laboratories to continue to perform these analyses in 14 days without requiring investment in new instrumentation required to conduct these analyses.
Summary of Comments by Legislative Review Committees
The legislative review period expired on March 11, 2009. On March 11, 2009, it was reported that the assigned Senate Committee took no action on the final rule.
Transportation
Revises Sections
Trans 126.01,
126.02, and
126.04, relating to municipal or county vehicle registration fee. Effective 6-1-09.
Summary of Final Regulatory Flexibility Analysis
This rule has no effect on small businesses.
Summary of Comments by Legislative Review Committees
No comments were reported.
