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Notice Soliciting Comments Regarding an Economic Impact Analysis
Subject: Implementation of 2015 Wisconsin Act 204 and 2017 Wisconsin Act 70, adequate direction for contaminated sediments, and other changes needed to update, clarify, and promote consistency within chs. NR 700 through NR 754, Wis. Adm. Code. Notice Date: April 21, 2020
Comment Period: April 21 – May 21, 2020
The Department of Natural Resources is in the process of preparing an economic impact analysis (EIA) for proposed rules relating to implementation of 2015 Wisconsin Act 204 and 2017 Wisconsin Act 70, adequate direction for contaminated sediments, and other changes needed to update, clarify, and promote consistency within chs. NR 700 through NR 754, Wis. Adm. Code, Board Order RR-10-17. A preliminary draft of the EIA and a draft of the board order are available for download as a clickable link by going to the following site: http://dnr.wi.gov and searching for the keywords “Administrative Rules.” If you are not able to access or download the information, please send an email to the following address: DNRRRNR700input@Wisconsin.gov. Pursuant to s. 227.137, Wis. Stats., the department is required to solicit comments on the economic impact of proposed rule RR-10-17 and, if requested, to coordinate with local governments in the preparation of the EIA. Notice is hereby given that the Department of Natural Resources will accept written comments on the EIA until May 21, 2020. Comments may be submitted electronically to: DNRRRNR700input@Wisconsin.gov or may be mailed to: Molly Schmidt – RR/5, Wisconsin Dept. of Natural Resources, P.O. Box 7921, Madison, WI 53707. Any local governmental unit that is affected by the rule may also request to coordinate with the department on preparation of the EIA. If a local governmental unit wishes to coordinate with the department on preparation of the EIA, the governmental unit must notify the department of its request to coordinate at the time comments on the EIA are submitted. The department will then contact all local governmental units requesting an opportunity to coordinate and incorporate their comments into the EIA to the extent feasible.
Pursuant to Executive Order # 50 (2011) and s. 227.137, Wis. Stats., the department must include the information listed below in an EIA. To review all of the information that must be included in an EIA, you may refer to the Executive Order and statutory provisions. When submitting comments, please provide specific information in these areas and include any supporting economic data, studies or reports. Please do NOT submit comments on revisions to the rule language at this time. The department is soliciting information on the following from you and others: Would you, your business, your association, or your local unit of government be affected in a material economic way by the implementation of these rules related to implementation of 2015 Wisconsin Act 204 and 2017 Wisconsin Act 70, adequate direction for contaminated sediments, and other changes needed to update, clarify, and promote consistency within the NR 700 series? Additionally, the department is seeking comments on the following from people who indicate they will be affected economically:
1. Any implementation or compliance costs that are reasonably expected to be incurred.
2. Actual quantifiable benefits of the proposed rule.
3. Whether the proposed rule would adversely affect in a material way the economy, a sector of the economy, productivity, jobs, or the overall economic competitiveness of the state.
4. Economic impacts of specific alternatives to the proposed rule.
5. Whether the proposed rule will have an economic impact (savings or increased costs) on public utilities or their ratepayers.
If you are a small business as defined in s. 227.114(1), Wis. Stats., please identify yourself as a small business in your comments. Small business means a business entity, including its affiliates, which is independently owned and operated and not dominant in its field, and which employs 25 or fewer full-time employees or which has gross annual sales of less than $5,000,000. Under s. 227.137(3)(b), Wis. Stats., the department must provide an estimate of the total implementation and compliance costs that are reasonably expected to be incurred by or passed along to businesses, local government units, and individuals, expressed as a single dollar figure. The department must also make a determination as to whether $10,000,000 or more in implementation or compliance costs are reasonably expected to be incurred by or passed along to businesses, local government units, and individuals over any 2-year period as a result of the proposed rule. NOTE: Chapter 227 of the statutes may be found at the following web site: https://docs.legis.wisconsin.gov/statutes/statutes/227.pdf. Further information on the process for enacting rules is contained in Executive Order #50 signed by Governor Walker on November 2, 2011 (available at http://docs.legis.wisconsin.gov/code/executive_orders/2011_scott_walker/2011-50).
