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LRB-2607/1
KP:skw
2021 - 2022 LEGISLATURE
June 7, 2021 - Introduced by Representatives James, Shankland, Novak,
Summerfield, Hebl, Tittl, Shelton, Callahan, Subeck, Conley, Considine,
Spreitzer, Moses, Baldeh and Stubbs, cosponsored by Senators Cowles,
Smith, Bernier and Pfaff. Referred to Committee on Consumer Protection.
AB384,1,8 1An Act to renumber and amend 168.28 (1) (a); to amend 20.115 (1) (c),
2168.125, 168.21 (1), 168.21 (4), 168.21 (5), 168.22 (title), 168.22 (1), 168.22 (2),
3168.22 (3), 168.22 (4) (intro.), 168.23 (1), 168.23 (2), 168.23 (3), 168.23 (4),
4168.23 (5) (a), 168.23 (5) (b), 168.28 (title), 168.28 (1) (b) and 168.28 (2); and to
5create
168.06 (4), 168.21 (6m), 168.23 (1g), 168.25 (1m), 168.255, 168.28 (1) (a)
62. and 168.28 (1) (a) 3. of the statutes; relating to: petroleum products, storage
7of dangerous substances, granting rule-making authority, and making an
8appropriation.
Analysis by the Legislative Reference Bureau
This bill makes changes involving the Department of Agriculture, Trade and
Consumer Protection's regulation of petroleum products and the storage of
dangerous substances. Under current law, DATCP regulates and promulgates rules
addressing the installation, maintenance, and abandonment of storage tanks that
contain flammable or combustible liquids or federally regulated hazardous
substances. Current law also authorizes DATCP to make inspections and conduct
investigations involving petroleum products.
The bill does the following involving petroleum products and storage of
dangerous substances:

1. Exempts aboveground storage tanks used to contain a liquid that is
flammable or combustible or that is a hazardous substance and that have a capacity
of less than 110 gallons from regulation by DATCP. Current law exempts
aboveground storage tanks that have a capacity of less than 5,000 gallons from
regulation by DATCP.
2. Requires DATCP to maintain an inventory of storage tanks used to contain
certain regulated products. The bill requires the inventory to include every
aboveground storage tank with a capacity of at least 110 gallons and every
underground storage tank with a capacity of at least 60 gallons. The bill defines a
“regulated product” as a liquid that is a substance derived from petroleum, natural
gas, or asphalt deposits or a liquid that is a federally regulated hazardous substance
or regulated by certain other federal regulations. Current law requires DATCP to
maintain an inventory of every aboveground and underground storage tank with a
capacity of at least 60 gallons that is used to contain a petroleum product.
3. Specifies that DATCP may promulgate rules to require the certification or
registration of persons who install, test, or maintain corrosion prevention systems
on storage tanks used to contain flammable or combustible liquids or hazardous
substances. Current law authorizes DATCP to promulgate rules requiring the
certification or registration of persons who install, remove, maintain, clean, or test
storage tanks used to contain flammable or combustible liquids or hazardous
substances.
4. Specifies that DATCP may establish fees by rule for fuel quality inspections
and investigations.
5. Specifies that upon request of DATCP, the Department of Justice or proper
district attorney shall prosecute actions to enforce the storage tank statutes and
rules.
6. Specifies that DATCP may promulgate fire safety rules for the storage and
handling of flammable or combustible liquids or hazardous substances.
7. Authorizes DATCP to contract with persons for services to administer or
implement storage tank requirements.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB384,1 1Section 1 . 20.115 (1) (c) of the statutes is amended to read:
AB384,2,42 20.115 (1) (c) Petroleum products; storage Storage tank inventory. The amounts
3in the schedule to conduct an inventory of aboveground petroleum product storage
4tanks and unused underground petroleum product storage tanks under s. 168.28.
AB384,2 5Section 2. 168.06 (4) of the statutes is created to read:
AB384,3,3
1168.06 (4) The department may by rule set fees for department costs incurred
2in performing miscellaneous fuel quality inspections or investigations authorized
3under this subchapter.
AB384,3 4Section 3. 168.125 of the statutes is amended to read:
AB384,3,9 5168.125 Reports; payment. Persons who are liable for the fee under this
6subchapter
s. 168.12 shall state the number of gallons of petroleum products on
7which the fee is due and the amount of their liability for the fee in the reports under
8s. 78.12 (1) to (3). The requirements for payment of the motor vehicle fuel tax under
9s. 78.12 (5) apply to the fee under this subchapter s. 168.12.
AB384,4 10Section 4. 168.21 (1) of the statutes is amended to read:
AB384,3,1211 168.21 (1) “Combustible liquid" means a liquid having a flash point at or above
12100 degrees fahrenheit and below 200 degrees fahrenheit Fahrenheit.
AB384,5 13Section 5. 168.21 (4) of the statutes is amended to read:
AB384,3,1514 168.21 (4) “Flammable liquid" means a liquid having a flash point below 100
15degrees fahrenheit Fahrenheit.
AB384,6 16Section 6 . 168.21 (5) of the statutes is amended to read:
AB384,3,2017 168.21 (5) “Flash point" means the minimum temperature at which a
18flammable liquid or combustible liquid will give off sufficient flammable vapors to
19form an ignitable mixture with air near the surface of the liquid or within the vessel
20which contains the liquid.
AB384,7 21Section 7. 168.21 (6m) of the statutes is created to read:
AB384,3,2322 168.21 (6m) “Tank system” means a tank and its associated piping and
23equipment.
AB384,8 24Section 8. 168.22 (title) of the statutes is amended to read:
AB384,3,25 25168.22 (title) Storage tanks tank systems.
AB384,9
1Section 9. 168.22 (1) of the statutes is amended to read:
AB384,4,62 168.22 (1) Except as provided under subs. (2) to (5), every person who
3constructs, owns, or controls a tank system for the storage, handling, or use of liquid
4that is
a flammable or liquid, combustible liquid, or liquid that is a federally
5regulated hazardous substance shall comply with the standards adopted under s.
6168.23.
AB384,10 7Section 10. 168.22 (2) of the statutes is amended to read:
AB384,4,98 168.22 (2) This subchapter does not apply to storage tanks which tank systems
9that
require a hazardous waste license under s. 291.25.
AB384,11 10Section 11. 168.22 (3) of the statutes is amended to read:
AB384,4,1311 168.22 (3) This subchapter does not apply to storage tanks which tank systems
12that
are installed above ground level and which that are less than 5,000 110 gallons
13in capacity.
AB384,12 14Section 12. 168.22 (4) (intro.) of the statutes is amended to read:
AB384,4,1815 168.22 (4) (intro.) Any rules promulgated under s. 168.23 requiring an owner
16to test the ability of a storage tank, connected piping or ancillary equipment system
17to prevent an inadvertent release of a stored substance liquid do not apply to storage
18tanks tank systems that satisfy all of the following:
AB384,13 19Section 13. 168.23 (1) of the statutes is amended to read:
AB384,5,520 168.23 (1) The department shall promulgate by rule construction,
21maintenance, and abandonment standards applicable to tanks tank systems for the
22storage, handling, or use of liquids that are flammable or liquids, combustible
23liquids, or liquids that are federally regulated hazardous substances, and to the
24property and facilities where the tanks tank systems are located, for the purpose of
25protecting the waters of the state from harm due to contamination by liquids that are

1flammable or liquids, combustible liquids, or liquids that are federally regulated
2hazardous substances. The rule shall comply with ch. 160. The rule may include
3different standards for new and existing tanks tank systems, but all standards shall
4provide substantially similar protection for the waters of the state. The rule shall
5include maintenance requirements related to the detection and prevention of leaks.
AB384,5,9 6(1r) The rule promulgated under sub. (1) may require any person supplying
7heating oil to any noncommercial storage tank for consumptive use on the premises
8to submit to the department, within 30 days after the department requests, the
9location, contents, and size of any such tank.
AB384,14 10Section 14. 168.23 (1g) of the statutes is created to read:
AB384,5,1611 168.23 (1g) The department may promulgate rules to provide fire and life
12safety by ensuring the safe storage, display, installation, operation, use,
13maintenance, and transportation of flammable liquids, combustible liquids, or
14liquids that are federally regulated hazardous substances and the equipment,
15facilities, buildings, and premises that are used to store, transfer, and dispense those
16liquids.
AB384,15 17Section 15. 168.23 (2) of the statutes is amended to read:
AB384,5,2418 168.23 (2) The department may transfer any information which that the
19department receives under sub. (1) (1r) to any other agency or governmental unit.
20The department and any such agency shall treat the name of the owner and the
21location of any noncommercial storage tank which that stores heating oil for
22consumptive use on the premises, required to be submitted to the department under
23sub. (1) (1r), as confidential and shall not permit inspection or copying under s. 19.35
24of any record containing the information.
AB384,16 25Section 16. 168.23 (3) of the statutes is amended to read:
AB384,6,8
1168.23 (3) The rule promulgated under sub. (1) may require the certification
2or registration of persons who install, remove, clean, line, perform tightness testing
3on and inspect tanks tank systems; persons who design, install, test, and maintain
4cathodic protection systems for tank systems;
and persons who perform site
5assessments. Any rule requiring certification or registration shall also authorize the
6revocation or suspension of the certification or registration. The department may not
7require an individual who is eligible for the veterans fee waiver program under s.
845.44 to pay any fee that may be charged pursuant to such a rule.
AB384,17 9Section 17. 168.23 (4) of the statutes is amended to read:
AB384,6,1410 168.23 (4) The department shall promulgate a rule specifying fees for plan
11review and inspection of tanks tank systems for the storage, handling, or use of
12flammable or liquids, combustible liquids, or liquids that are federally regulated
13hazardous substances
and for any certification or registration required under sub.
14(3).
AB384,18 15Section 18 . 168.23 (5) (a) of the statutes is amended to read:
AB384,6,2316 168.23 (5) (a) Subject to par. (b), in addition to any fee charged by the
17department by rule for plan review and approval for the construction of a new or
18additional installation or change in operation of a previously approved installation
19for the storage, handling, or use of a liquid that is flammable or liquid, combustible
20liquid, or liquid that is a federally regulated hazardous substance, as defined in s.
21168.21 (3), the department shall collect a groundwater fee of $100 for each plan
22review submittal. The moneys collected under this subsection shall be credited to the
23environmental fund for environmental management.
AB384,19 24Section 19 . 168.23 (5) (b) of the statutes is amended to read:
AB384,7,5
1168.23 (5) (b) Notwithstanding par. (a), an installation for the storage,
2handling, or use of a liquid that is flammable or liquid, combustible liquid, or liquid
3that is
a federally regulated hazardous substance, as defined in s. 168.21 (3), that has
4a capacity of less than 1,000 gallons is not subject to the groundwater fee under par.
5(a).
AB384,20 6Section 20. 168.25 (1m) of the statutes is created to read:
AB384,7,87 168.25 (1m) The department may contract with any person for services to
8administer or implement this subchapter.
AB384,21 9Section 21. 168.255 of the statutes is created to read:
AB384,7,12 10168.255 Attorney general and district attorney to prosecute. Upon
11request of the department, the attorney general or proper district attorney shall
12prosecute any action to enforce this subchapter.
AB384,22 13Section 22. 168.28 (title) of the statutes is amended to read:
AB384,7,15 14168.28 (title) Inventory of petroleum product storage tanks for certain
15regulated products
.
AB384,23 16Section 23. 168.28 (1) (a) of the statutes is renumbered 168.28 (1) (a) (intro.)
17and amended to read:
AB384,7,1918 168.28 (1) (a) (intro.) Notwithstanding s. 168.01 (3), “petroleum “Regulated
19product" means materials a liquid that is any of the following:
AB384,7,22 201. A substance derived from petroleum, natural gas, or asphalt deposits and
21includes
, including gasoline, diesel and heating fuels, liquefied petroleum gases,
22lubricants, waxes, greases, and petrochemicals.
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