The rules implement the mandates imposed by
2007 Wisconsin Act 197
. The Act affects governmental unit employees who administer and enforce regulations pertaining to design, installation and maintenance of POWTS by limiting the activities that such employees may undertake outside of their governmental employment. 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.
Health Services
Management and Technology and Strategic Finance,
Chs. DHS 1—
Revises Chapter
DHS 10
, relating to fair hearings and continuation of benefits pending the outcome of a grievance, department review, or fair hearing under the family care program. Effective 12-1-09.
Summary of Final Regulatory Flexibility Analysis
The rule change will not affect "small business" as defined under s.
227.114 (1) (a)
, Stats.
Summary of Comments by Legislative Review Committees
The Assembly Committee on Children and Families and the Senate Committee on Health, Health Insurance, Privacy, Property Tax Relief, and Revenue on July 27, 2009, requested to meet with the Department to discuss the rule. In the interim, the Department submitted germane modifications to both the Assembly and Senate Committees. No further comments were received from either Committee.
Natural Resources
Fish, Game, etc., Chs. NR 1—
Revises Chapter
NR 46
to update stumpage values used to collect yield taxes for lands entered under the Forest Crop Law (FCL) and Managed Forest Law (MFL) programs. Additional changes will streamline the MFL program and clarify how the department will administer the entry of lands that span municipal lines, create a draft deadline date for plans submitted for the current July 1 deadline and change the deadline for when completed and approved management plans are returned back to the department. Effective 12-1-09.
Summary of Final Regulatory Flexibility Analysis
The rule will affect landowners who are required to pay severance and yield taxes when timber is harvested from lands enrolled in Forest Crop Law and Managed Forest Law. It also requires that lands are entered under MFL by municipality except when lands in any one municipality is less than 10 acres in size or less than 80% productive. In these cases the lands will be entered under a single MFL order. Certified plan writers are given a deadline of June 1 to submit management plans for review by the DNR and a deadline of August 15 to submit a final management plan with landowner signatures. DNR Foresters are given under August 15 to submit final management plans with landowner signatures.
Summary of Comments by Legislative Review Committees
The rules were reviewed by the Senate Committee on Transportation, Tourism, Forestry, and Natural Resources and the Assembly Committee on Forestry. On July 16, 2009, the Senate Committee on Transportation, Tourism, Forestry, and Natural Resources held a public hearing. The Department did not receive a comment or request for modification to Clearinghouse Rule No. 09-031 as a result of this hearing.
Natural Resources
Environmental Protection — Solid Waste Management, Chs. NR 500—
Creates Chapter
NR 528
, relating to the management of accumulated sediment from storm water management structures. Effective 12-1-09.
Summary of Final Regulatory Flexibility Analysis
The rule will not have a significant economic impact on a substantial number of small businesses. Under existing rules, a sediment manager, when cleaning out a storm water management structure, must either pay the price of taking the sediment to a licensed landfill or pay for the Department to review an exemption request. Under the rule, the sediment manager still has the option to take the sediment to a landfill or choose a different end use, often at a reduced cost. If the basin from which the sediment is derived meets certain criteria, the sediment does not need to be sampled prior to determining the appropriate end use, allowing for significant savings. If the basin does not pass the criteria, the sediment must be sampled and analyzed prior to selecting an end use. The cost in this case, would be similar or less than that under the existing rule. The list of sampling parameters is usually less under the new rule and a fee to have an exemption reviewed is not charged.
Under the existing rule, if the sediment is not disposed of in a landfill, the sediment manager must provide a written exemption request which evaluates the sampling results and discusses the proposed end use for the sediment. No set format is established so each exemption request is written up differently and evaluated by the Department on a case-by-case basis. The new rule has the advantage of providing exactly what information must be collected, so it saves time and money when the sediment manager is preparing requests for proposals to send to prospective bidders. The record retention cost under the two rules would be similar. Under the rule, the sediment manager must fill out a certification form and keep the sampling results on hand. However, the rule allows the Department to develop an on-line system in the future to receive and store records. If an on-line system is not available or the sediment manager chooses not to use it, the sediment manager must retain the completed certification forms and the sediment sampling results and site management records for 20 years (the expected amount of time between maintenance events.) If the sediment manager chooses or is required to use the on-line system, the retention requirements are waived.
Summary of Comments by Legislative Review Committees
The rule was reviewed by the Senate Committee on Environment and the Assembly Committee on Natural Resources. On September 2, 2009 the Assembly Committee on Natural Resources held a public hearing. The Department did not receive any comments or requests for modification as a result of the hearing.
Transportation
Revises sections
Trans 510.08
and
512.06
, relating to the transportation facilities economic assistance and development program, and the transportation infrastructure loan program. Effective 12-1-09.
Summary of Final Regulatory Flexibility Analysis
Since TEA grants provide transportation infrastructure necessary for newly-created or expanded businesses in the state, the analysis revealed that the kind of businesses in the program will have little or no difficulty in complying with the jobs reporting requirement.
Summary of Comments by Legislative Review Committees
No comments were reported.
