December 8, 2023 - Introduced by Senators James, Cowles and L. Johnson, cosponsored by Representatives Summerfield, Shankland, C. Anderson, Conley, Ortiz-Velez and Palmeri. Referred to Committee on Labor, Regulatory Reform, Veterans and Military Affairs.
SB746,,22An Act to renumber and amend 168.21 (1), 168.22 (3) and 168.28 (1) (a); to amend 168.125, 168.21 (4), 168.21 (5), 168.22 (title), 168.22 (1), 168.22 (2), 168.22 (4) (intro.), 168.23 (1), 168.23 (2), 168.23 (3), 168.23 (4), 168.23 (5) (a), 168.23 (5) (b), 168.28 (title), 168.28 (1) (b) and 168.28 (2); and to create 168.06 (4), 168.21 (1g), 168.21 (2m), 168.21 (5d), (5h), (5p) and (5t), 168.21 (6m), 168.22 (3) (a), (b), (c) and (d), 168.22 (6), 168.23 (1g), 168.25 (1m), 168.255, 168.28 (1) (a) 2. and 168.28 (1) (a) 3. of the statutes; relating to: petroleum products, storage of dangerous substances, and granting rule-making authority. SB746,,33Analysis 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. Changes the definition of “combustible liquid,” thereby changing which substances are subject to DATCP regulation. Current law defines “combustible liquid” as a liquid having a flash point at or above 100 degrees Fahrenheit and below 200 degrees Fahrenheit. Under the bill, “combustible liquid” is defined as a liquid having a flash point at or above 100 degrees Fahrenheit and below 200 degrees Fahrenheit when stored in a tank that is installed above ground level or, for liquids stored in an underground storage tank, having a flash point at or above 100 degrees Fahrenheit.
2. Changes a current law exemption for certain aboveground storage tanks from regulation by DATCP. Current law exempts aboveground storage tanks that have a capacity of less than 5,000 gallons from regulation by DATCP. The bill provides, instead, that an aboveground storage tank that is used to contain a liquid that is flammable or combustible or that is a hazardous substance is exempt from regulation by DATCP if 1) it has a capacity of less than 110 gallons; 2) it has a capacity of less that 1,100 gallons and is installed at a fleet vehicle motor fuel dispensing facility or is used to store certain types of liquids; 3) is a portable tank; or 4) is an asphalt plant tank.
3. Requires DATCP to maintain an inventory of storage tanks used to contain 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 that is used to contain a petroleum product and that has a capacity of at least 60 gallons.
4. Authorizes DATCP to promulgate rules to require the certification or registration of persons who design, install, test, or maintain corrosion prevention systems on storage tanks used to contain flammable or combustible liquids or hazardous substances.
5. Authorizes DATCP to establish fees by rule for fuel quality inspections and investigations.
6. Requires the Department of Justice or proper district attorney, upon DATCP’s request, to prosecute actions to enforce the storage tank statutes and rules.
7. Authorizes DATCP to promulgate fire safety rules for the storage and handling of flammable or combustible liquids or hazardous substances.
8. 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.
SB746,,44The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: SB746,15Section 1. 168.06 (4) of the statutes is created to read: SB746,,66168.06 (4) The department may by rule set fees for department costs incurred in performing miscellaneous fuel quality inspections or investigations authorized under this subchapter. SB746,27Section 2. 168.125 of the statutes is amended to read: