AB440: Bill Text

LRB-3088/1

RCT:cjs:jm

2013 - 2014 LEGISLATURE

2013 Assembly BILL 440

October 17, 2013 - Introduced by Representatives LeMahieu, Nygren, Kooyenga, Strachota, Endsley, Pridemore, Tauchen, Bies and Thiesfeldt, cosponsored by Senators Lazich, Grothman, Gudex and Olsen. Referred to Committee on Jobs, Economy and Mining.

AB440,1,3 An Act to renumber 285.31 (6) (a); to repeal and recreate 285.31 (6) (b); and to create 285.31 (6) (ae) and 285.31 (6) (c) of the statutes; relating to: vapor recovery system removal grants.

Analysis by the Legislative Reference Bureau

Until 2012, state and federal law required operators of gasoline stations in certain areas to operate systems (called stage II vapor recovery systems) to capture vapors that would otherwise be released into the air when gasoline is pumped into motor vehicles. Current law requires the Department of Natural Resources (DNR) to administer a program to provide grants to operators of gasoline stations to pay a portion of the costs they incur in removing these systems. The law requires DNR to promulgate rules for the administration of the grant program, including rules that specify which costs are eligible costs.

This bill eliminates the requirement that DNR promulgate rules for the program that provides grants for the costs of removing stage II vapor recovery systems. The bill specifies the costs that are eligible costs under the program, including the cost of labor and parts to replace hoses and nozzles and of performing testing that is required to ensure that the work involved has been performed properly.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB440,1 Section 1. 285.31 (6) (a) of the statutes, as created by 2013 Wisconsin Act 20, is renumbered 285.31 (6) (am).

AB440,2 Section 2. 285.31 (6) (ae) of the statutes is created to read:

AB440,2,4 285.31 (6) (ae) In this subsection:

AB440,2,6 1. "Dispenser" means a device that dispenses fuel and measures the amount dispensed.

AB440,2,9 2. "Hanging hardware" means the equipment on the outside of a dispenser cabinet through which fuel is dispensed, including hose adapters, breakaway connectors, hoses, swivels, and nozzles.

AB440,2,12 3. "PEI/RP300-09" means the 2009 version of the Petroleum Equipment Institute publication Recommended Practices for Installation and Testing of Vapor-Recovery Systems at Vehicle-Fueling Sites.

AB440,3 Section 3. 285.31 (6) (b) of the statutes, as created by 2013 Wisconsin Act 20, is repealed and recreated to read:

AB440,2,16 285.31 (6) (b) The costs of all of the following are eligible costs under this subsection:

AB440,2,19 1. Labor and parts associated with any electrical work or programming required to convert an existing dispenser from operating with vapor recovery to operating without vapor recovery.

AB440,2,22 2. Labor and parts for replacing hanging hardware designed for vapor recovery on an existing dispenser with hanging hardware that is not designed for vapor recovery.

AB440,2,24 3. If the owner or operator replaces an existing dispenser with a new or used dispenser, the cost of the hanging hardware on the new or used dispenser.

AB440,3,2 4. Labor and parts to prepare the interior of a dispenser for the tests described in subd. 5., including the installation of a pipe plug in the vapor return line.

AB440,3,6 5. Conducting tests required by section 14 of PEI/RP300-09, but the costs of repair or parts associated with these tests or of any additional labor involved in the repair, replacement, or installation of parts not associated with the vapor recovery equipment are not eligible costs.

AB440,4 Section 4. 285.31 (6) (c) of the statutes is created to read:

AB440,3,16 285.31 (6) (c) Costs of parts and labor not described in par. (b) are eligible costs under this subsection if the owner or operator itemizes the costs and includes an explanation showing the reason for incurring those costs with the application for the grant and the department determines that it was necessary to incur those costs. The costs of work that is not consistent with the procedures specified in section 14 of PEI/RP300-09 are not eligible costs unless the owner or operator obtains written approval of the work from the department of safety and professional services or, after July 1, 2013, the department of agriculture, trade and consumer protection and includes a copy of the written approval with the application for the grant.

AB440,3,17 (End)