2021 - 2022 LEGISLATURE

2021 Assembly BILL 384

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 An Act to renumber and amend 168.28 (1) (a); to amend 20.115 (1) (c), 168.125, 168.21 (1), 168.21 (4), 168.21 (5), 168.22 (title), 168.22 (1), 168.22 (2), 168.22 (3), 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 (6m), 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, granting rule-making authority, and making an appropriation.

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 Section 1 . 20.115 (1) (c) of the statutes is amended to read:

AB384,2,4 20.115 (1) (c) Petroleum products; storage Storage tank inventory. The amounts in the schedule to conduct an inventory of aboveground petroleum product storage tanks and unused underground petroleum product storage tanks under s. 168.28.

AB384,2 Section 2. 168.06 (4) of the statutes is created to read:

AB384,3,3 168.06 (4) The department may by rule set fees for department costs incurred in performing miscellaneous fuel quality inspections or investigations authorized under this subchapter.

AB384,3 Section 3. 168.125 of the statutes is amended to read:

AB384,3,9 168.125 Reports; payment. Persons who are liable for the fee under this subchapter s. 168.12 shall state the number of gallons of petroleum products on which the fee is due and the amount of their liability for the fee in the reports under s. 78.12 (1) to (3). The requirements for payment of the motor vehicle fuel tax under s. 78.12 (5) apply to the fee under this subchapter s. 168.12.

AB384,4 Section 4. 168.21 (1) of the statutes is amended to read: