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Rules Published with this Register and Final Regulatory Flexibility Analyses
The following administrative rule orders have been adopted and published in the November 30, 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.
Agriculture, Trade and Consumer Protection
Revises Chapter ATCP 60, relating to somatic cell standards for dairy goat milk. Effective 12-1-10.
Summary of Final Regulatory Flexibility Analysis
This rule will benefit the Wisconsin dairy goat industry, by relaxing the current somatic cell standard for dairy goat milk to conform to the newly relaxed national standard. This rule will maintain parity with other states, and will relieve goat milk producers and dairy plant operators of certain problems associated with the current somatic cell standard.
Summary of Comments by Legislative Review Committees
On August 13, 2010, DATCP transmitted the above rule for legislative review. The rule was assigned to the Senate Committee on Agriculture and Higher Education and to the Assembly Committee on Agriculture. Neither the Senate Committee on Agriculture and Higher Education nor the Assembly Committee on Agriculture took any action on the rule.
Barbering and Cosmetology Examining Board
Revises Chapter BC 7, relating to examinations for barbers and cosmetologists, aestheticians, electrologists, manicurists, and managers. Effective 12-1-10.
Summary of Final Regulatory Flexibility Analysis
These proposed rules were reviewed and discussed by the department's Small Business Review Advisory Committee and determined that the rules will not have any significant economic impact on a substantial number of small businesses, as defined in s. 227.114 (1), Stats.
Summary of Comments by Legislative Review Committees
No comments were reported.
Children and Families
Family and Economic Security, Chs. DCF 101-153
Creates Chapter DCF 110, relating to transitional jobs for low-income adults. Effective 12-1-10.
Summary of Final Regulatory Flexibility Analysis
The 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 businesses.
Summary of Comments by Legislative Review Committees
No comments were received.
Commerce
Licenses, Certifications and Registrations, Ch. Comm 5
Revises Chapter Comm 5, relating to building contractor registration. Effective 12-1-10.
Summary of Final Regulatory Flexibility Analysis
The rules clarify and revise the requirements and definitions in section Comm 5.30 relating to Building Contractor Registration as mandated by 2009 Wisconsin Act 28. The definition of “construction business" has been broadened to include additional trades that are regulated by departmental codes. The rules require the registration of trades and businesses that construct, install or alter mechanical equipment and devices such as boilers, gas systems, piping, mechanical refrigeration systems serving a building or structure. In addition, the rules expand the registration requirement to those trades or businesses involved in the construction, installation or alteration of permanent devices or structures regulated under the amusement rides code and the sanitation code. The rules create administrative procedures and a forfeiture process for those persons or entities doing construction- or installation-related work without a registration number.
Summary of Comments by Legislative Review Committees
No comments received.
Corrections
Revises Chapter DOC 302, relating to sentence computation and modification. Effective 12-1-10.
Summary of Final Regulatory Flexibility Analysis
The rules are not applicable to small businesses.
Summary of Comments by Legislative Review Committees
No comments were reported.
Earned Release Review Commission
Repeals and recreates Chapter PAC 1, relating to the release of inmates from state prison through parole or other procedures established through 2009 Wis. Act 28. Effective 12-1-10.
Summary of Final Regulatory Flexibility Analysis
The Earned Release Review Commission has determined that the rule will not have a significant economic impact on a substantial number of small businesses since the rule does not regulate small businesses as that term is defined in § 227.114, Stats.
Summary of Comments by Legislative Review Committees
No comments reported.
Insurance
Revises sections Ins 17.01 (3) and 17.28 (6), relating to fiscal year 2011 fund fees and mediation panel fees. Effective 12-1-10.
Summary of Final Regulatory Flexibility Analysis
The Office of the Commissioner of Insurance has determined that this rule will not have a significant economic impact on a substantial number of small businesses and therefore a final regulatory flexibility analysis is not required.
Summary of Comments by Legislative Review Committees
No comments received.
Natural Resources
Environmental Protection — Wis. Pollutant Discharge Elimination System, Chs. NR 200—
DNR # WT-25-08
Revises Chapter NR 217 and repeals and recreates section NR 102.06, relating to phosphorus water quality standards criteria and limitations and effluent standards. Effective 12-1-10.
Summary of Final Regulatory Flexibility Analysis
Food processing facilities and cheese factories were identified as potential categories of small businesses that would most directly be affected by these rule revisions. Data on these types of facilities was analyzed and there are few, if any, small businesses that directly discharge wastewater containing phosphorus to lakes or streams. Many small cheese factories land apply their wastes and do not discharge wastewater containing phosphorus. Therefore, this rule revision does not anticipate any additional compliance or reporting requirements for small businesses.
If there is an impact on small businesses as a result of these rule revisions, it would likely be an indirect fiscal impact. Many small businesses discharge their wastes to a municipal wastewater treatment facility. If a municipal wastewater treatment plant's wastewater discharge permit is modified to require further removal of phosphorus, it is likely that the cost to provide additional treatment levels will be absorbed by increasing sewer use charges. Some small businesses may experience an increase in sewer service fees as these rule revisions are implemented statewide.
Some municipalities may also require specific small businesses to provide pretreatment for phosphorus removal if a wastewater discharge from a small business contributes significant loadings of phosphorus to the sanitary sewer system. Implementation of these rule revisions may result in additional costs for phosphorus pretreatment to a select subset of small businesses.
The department is unable to specifically estimate the indirect fiscal impact to small businesses as a result of implementation of this rule package because of the variability of each situation.
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