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Rules Published with this Register and Final Regulatory Flexibility AnalysesThe following administrative rule orders have been adopted and published in the October 31, 2010, 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.CommerceFinancial Resources for Businesses and Communities, Chs. Comm 100—Creates Chapter Comm 137 , relating to reallocations for recovery zone facility bonds as established under the federal American Recovery and Reinvestment Act of 2009, and affecting small businesses. Effective 11-1-10.Summary of Final Regulatory Flexibility AnalysisLess stringent application requirements are not included for small-business applicants because the directive under which these rules are adopted, in 2009 Wisconsin Act 112 , does not provide such flexibility.No substantive reporting will be imposed on small businesses.The rules are not expected to impose significant costs on small businesses for other measures because the rules address submittal of documentation, and other activities, only by applicants that choose to participate in the tax-exempt private activity bonding addressed in the rules.Summary of Comments by Legislative Review CommitteesNo comments were received.CommerceFinancial Resources for Businesses and Communities, Chs. Comm 100—Creates Chapter Comm 121 , relating to small business innovation research assistance grants, and affecting small businesses. Effective 11-1-10.Summary of Final Regulatory Flexibility AnalysisLess stringent application requirements are not included for small-business applicants because the directive under which these rules are adopted, in section 560.45 of the Statutes, does not provide such flexibility.No substantive reporting will be imposed on small businesses.The rules are not expected to impose significant costs on small businesses for other measures because the rules address submittal of documentation, and other activities, only by applicants that choose to pursue grants for assistance in the phase of development that precedes eligibility in the federal Small Business Innovation Research program, or for assistance with participating in the Phase III, commercialization portion of that program.Summary of Comments by Legislative Review CommitteesNo comments were received.CorrectionsRepeals and recreates Chapter DOC 346 , relating to juvenile detention facilities and juvenile portions of a county jail. Effective 11-1-10.Summary of Final Regulatory Flexibility AnalysisThere is no expected effect on small businesses under s. 227.114 , Stats.Summary of Comments by Legislative Review CommitteesNo comments were reported.Health ServicesHealth, Chs. DHS 110—Revises Chapter DHS 137 , relating to anatomical gifts and the Wisconsin Donor Registry. Effective 11-1-10.Summary of Final Regulatory Flexibility AnalysisThe rules do not affect small businesses.Summary of Comments by Legislative Review CommitteesNo comments were received.Natural ResourcesFish, Game, etc., Chs. NR 1—DNR # WM-01-10Revises Chapters NR 10 , 11 , 12 , and 19 , relating to hunting and trapping regulations, wildlife damage and nuisance control, closed areas and game refuges. Effective 11-1-10 and 2-1-11.Summary of Final Regulatory Flexibility AnalysisThe revisions to Chs. NR 10 , 11 , 12 and 19 , Wis. Admin. Code, relating to hunting, trapping, closed areas and game refuges are applicable to individual sportspersons and impose no compliance or reporting requirements for small businesses, nor are any design or operational standards contained in the rule. Therefore, under s. 227.19 (3m) Stats., a final regulatory flexibility analysis is not required.Summary of Comments by Legislative Review CommitteesNo comments were reported.Natural ResourcesFish, Game, etc., Chs. NR 1—DNR # FH-03-10Revises Chapters NR 20 , 21 , 23 , and 26 , relating to fishing on the inland, outlying, and boundary waters of Wisconsin. Effective 11-1-10 and 4-1-11.Summary of Final Regulatory Flexibility AnalysisThese rules are applicable to individual sportspersons and do not impose any compliance or reporting requirements on small businesses nor are any design or operational standards contained in the rule. Therefore, under s. 227.19 (3m) , Stats., a final regulatory flexibility analysis is not required.Summary of Comments by Legislative Review CommitteesNo comments were reported.Natural ResourcesFish, Game, Forestry, etc., Chs. NR 1—DNR # FR-04-10Revises Chapter NR 46 , relating to the administration of the forest crop law and managed forest law. Effective 11-1-10.Summary of Final Regulatory Flexibility AnalysisLandowners who recently bought land that was under a Forest Crop Law contract will now will be given an extension to meet the requirements to make sure the land is designated as Managed Forest Law (MFL). Landowners with existing MFL land will only be able to add lands in adjacent municipalities if the land will not qualify as a stand alone entry. Landowners required to plant trees on MFL land will have lower stocking requirements to be considered a medium density stocking level. Certified Plan Writers will be impacted by the proposed rule by changing the manner in which the report management plan cost data to the department. The rule has no significant economic impact on a substantial number of small businesses.Summary of Comments by Legislative Review CommitteesThe rules were reviewed by the Senate Committee on Transportation, Tourism, Forestry and Natural resources and the Assembly Committee on Forestry on July 22, 2010. The Department did not receive any comments or requests for modification.Natural ResourcesFish, Game, etc., Chs. NR 1—DNR # WM-15-10Revises section NR 10.104 (7) (a) , relating to the use of archery deer hunting licenses. Effective 11-1-10.Summary of Final Regulatory Flexibility AnalysisThese revisions to ch. NR 10 , Wis. Adm. Code, pertain to game and hunting. These rules are applicable to individual sportspersons and impose no compliance or reporting requirements for small businesses. This proposal does not establish design or operational standards. Under s. 227.19 (3m) , Stats., a final regulatory flexibility analysis is not required.Summary of Comments by Legislative Review CommitteesNo comments were reported.Natural ResourcesEnvironmental Protection — Water Regulation,
Chs. NR 300—DNR # WT-21-09Revises Chapters NR 335 and 336 , relating to grants for dam maintenance, repair, modification, or abandonment and removal. Effective 11-1-10.Summary of Final Regulatory Flexibility AnalysisThe rule package will not have a significant economic impact on small business. The rules do not directly affect small businesses unless they own a dam and want to remove the structure, in which case they can apply for funding to accomplish this objective. Therefore, under s. 227.114 , Stats., an initial regulatory flexibility analysis was not required. Engineering consultants and companies involved in dam construction and removal should benefit from an increase in project activity resulting from an increase in the supply of money for these kinds of projects.Summary of Comments by Legislative Review CommitteesNo small businesses provided comments on the rule package during the public comment period.Natural ResourcesEnvironmental Protection — Hazardous Waste Management, Chs. NR 600—DNR # WA-30-09Revises section NR 660.10 , relating to hazardous waste management. Effective 11-1-10.Summary of Final Regulatory Flexibility Analysis1. Describe the type of small business that will be affected by the rule.The proposed rules affect small businesses that are large quantity or small quantity generators of hazardous waste. There is no direct correlation between the definitions of "small business" and "large quantity generator" or "small quantity generator," so a precise assessment of the definitions' effect on small business is not possible. Small businesses may be either large quantity or small quantity generators of hazardous waste, or neither. In any case, under the revised hazardous waste generator base fee statute, the maximum additional amount that a large quantity generator would have to pay is $470. A small quantity generator would pay a maximum of $350 more than in past years.Under the statutory language in effect before the 2009-2011 biennial budget ( 2009 Wisconsin Act 28 ), all large quantity generators and small quantity generators who were required to submit a hazardous waste annual report were required to pay a base fee of $210 and $20 per ton for hazardous waste generated during the reporting year. The tonnage fee did not apply to any wastes that were recycled or reused, and if a generator recycled or reused all of its hazardous waste, it was not required to pay the base fee either.2009 Wisconsin Act 28 amended the statutes to increase the base fee from $210 to $350 for small quantity generators, and to $470 for large quantity generators. It also increased the maximum fee any generator would have to pay from $17,000 to $17,500 per year. In addition, the base fee was applied to all generators who are required to report, regardless of whether they recycled or reused any or all of their wastes. The per ton fee remains at $20 per ton.2. Briefly explain the reporting, bookkeeping and other procedures required for compliance with the rule.No new recordkeeping or reporting requirements are created and no new skills are required to comply with the proposed rules.3. Describe the type of professional skills necessary for compliance with the rule.No new professional skills are needed to comply with the proposed rule.Summary of Comments by Legislative Review CommitteesNo comments were reported.
