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.

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.