AB100-engrossed,1338,189
98.18
(1p) (title)
Surcharge for operating without a license. An applicant
10for a license under
par. sub. (1) (a) shall pay a license fee surcharge of
$100 $200 in
11addition to the license fee if the department determines that within one year
prior
12to submitting the license before making the application the applicant
engaged in the
13business of installing, servicing, testing or calibrating weights and measures
14without a license as required by par. violated sub. (1) (a). Payment of
the license fee 15this surcharge does not relieve the applicant of any other civil or criminal liability
16that
may result from the unlicensed activity but shall
the applicant may incur
17because of the violation of sub. (1) (a), but does not constitute evidence of violation
18of a law.
AB100-engrossed,1339,221
98.18
(1t) (title)
License contingent on fee payment. The department
shall 22may not issue or renew a license under
par. sub. (1) (a) unless the applicant pays all
23fees required under
pars. (b) and (c) subs. (1h) and (1p) as set forth in a statement
24issued by the department. The department shall refund a fee paid under protest if
1the department determines that the fee was not required to be paid under this
2section.
AB100-engrossed,1339,54
98.18
(1h) License fees. Unless the department establishes different fees by
5rule, the following annual license fees shall apply:
AB100-engrossed,1339,86
(a) If the applicant solely engages in installing, servicing, testing or calibrating
7weights and measures that the applicant owns, the applicant for a license under sub.
8(1) (a) shall pay a license fee in the amount of $100.
AB100-engrossed,1339,109
(b) If the applicant installs, services, tests or calibrates weights or measures
10for others, the applicant for a license under sub. (1) (a) shall pay all of the following:
AB100-engrossed,1339,1111
1. A basic license fee of $200.
AB100-engrossed,1339,1312
2. A supplementary license fee of $50 for each additional business location if
13the applicant operates from more than one business location.
AB100-engrossed,1339,1815
98.18
(2) Rules. The department may promulgate rules to establish license
16fees under sub.
(1) (b) (1h) and to regulate the installation, servicing, testing and
17certification of weights and measures. The rules may include record-keeping and
18reporting requirements.
AB100-engrossed,1340,220
98.245
(4) (a) When liquefied petroleum gas is sold or delivered to a consumer
21as a liquid and by liquid measurement the volume of liquid so sold and delivered shall
22be corrected to a temperature of 60 degrees Fahrenheit through use of an approved
23volume correction factor table, or through use of
an approved a meter
with that is
24equipped with a sealed automatic compensating mechanism
and that is in
25compliance with sub. (7). All sale tickets shall show the delivered gallons, the
1temperature at the time of delivery and the corrected gallonage, or shall state that
2temperature correction was automatically made.
AB100-engrossed,1340,144
98.245
(4) (b) When liquefied petroleum gas is sold or delivered to a consumer
5in vapor form by vapor measurement, the volume of vapor so sold and delivered shall
6be corrected to a temperature of 60 degrees Fahrenheit through the use of
an
7approved a meter
that is equipped with a sealed automatic temperature
8compensating mechanism. This paragraph shall apply to all meters installed for use
9in the vapor measurement of liquefied petroleum gas in vapor form after May 24,
101978. This paragraph does not prohibit the continued use of meters previously
11installed without a self-sealing automatic temperature compensating mechanism,
12but no such meter may be continued in use after January 1, 1986, unless brought into
13compliance with this paragraph.
Subsection (7) does not apply to meters used to sell
14or deliver liquefied petroleum gas that are subject to this paragraph.
AB100-engrossed,1340,1717
98.245
(6) (title)
Pumps and meters.
AB100-engrossed,1340,2519
98.245
(6) (a) (intro.) No person may sell liquefied petroleum gas and deliver
20it by a vehicle equipped with a pump and
metering device meter unless the
pump and 21metering device meter is equipped with a delivery ticket printer
and is in compliance
22with sub. (7). Except as provided in par. (b), the seller shall, at the time of delivery,
23either provide a copy of the delivery ticket printed by the delivery ticket printer to
24the purchaser or leave a copy at the place of delivery. The delivery ticket shall contain
25all of the following information:
AB100-engrossed,1341,52
98.245
(7) Meters; registration; testing; fees. (a)
Registration of meters. 1.
3The department shall promulgate rules to require owners to register meters that are
4used to measure amounts of liquefied petroleum gas the sale or delivery of which is
5subject to sub. (4) (a).
AB100-engrossed,1341,106
2. The owner of a meter shall pay to the department a one-time fee of $25 to
7register a meter under subd. 1. The owner shall pay the fee within 60 days after the
8effective date of the rules promulgated under subd. 1., or within 60 days after the
9owner acquires a meter for which a registration fee has not been paid, whichever is
10later.
AB100-engrossed,1341,1511
3. If an owner of a meter fails to comply with subd. 2., the department may
12assess the owner a fee of not more than $250 for that meter. If the owner does not
13pay the fee under this subdivision within 30 days after it is assessed, the department
14shall increase the fee by $10 for each day thereafter until the owner of the meter
15complies with subd. 2.
AB100-engrossed,1341,1816
(b)
Testing of meters. 1. The owner of a meter required to be registered under
17par. (a) shall have the meter tested annually by a meter servicing company that is
18licensed by the department.
AB100-engrossed,1341,2119
2. A meter servicing company shall file with the department a report, for each
20meter, containing the results of the testing under subd. 1. within 30 days after
21completing the testing.
AB100-engrossed,1341,2422
3. If the department determines that a meter has not been tested within the
23last year, the department shall notify the owner. The owner shall have 30 days after
24being notified to have the meter tested.
AB100-engrossed,1342,2
14. If the owner fails to have the owner's meter tested as required under subd.
23., the department may assess the owner a fee of not more than $100 for that meter.
AB100-engrossed,1342,53
5. If the meter servicing company fails to file a report in compliance with subd.
42. for a meter, the department may assess the meter servicing company a fee of up
5to $100 for each report.
AB100-engrossed,1342,147
100.45
(1) (dm) "State agency" means any office, department, agency,
8institution of higher education, association, society or other body in state
9government created or authorized to be created by the constitution or any law which
10is entitled to expend moneys appropriated by law, including the legislature and the
11courts, the Wisconsin Housing and Economic Development Authority, the Bradley
12Center Sports and Entertainment Corporation, the University of Wisconsin
13Hospitals and Clinics Authority and the Wisconsin Health and Educational
14Facilities Authority.
AB100-engrossed,1342,2116
100.45
(4) Servicing. (intro.) No person, including a state agency,
as defined
17in s. 234.75 (10), may perform motor vehicle repair that releases or may release
18ozone-depleting refrigerant from a mobile air conditioner or trailer refrigeration
19equipment or may install or service a mobile air conditioner or trailer refrigeration
20equipment that contains ozone-depleting refrigerant unless all of the following
21apply:
AB100-engrossed,1343,223
101.14
(1) (c) The department is hereby empowered and directed to provide the
24form of a course of study in fire prevention for use in the public schools, dealing with
25the protection of lives and property against loss or damage as a result of preventable
1fires, and transmit the same by the first day of August in each year to the
department
2of education state superintendent of public instruction.
AB100-engrossed,1343,64
101.14
(2) (cm) In addition to the requirements of pars. (b) and (c), a fire
5department shall provide public fire education services
, in consultation with the
6department and the fire prevention council.
AB100-engrossed,1343,148
101.14
(5) (a) Subject to par. (b), in addition to any fee charged by the
9department by rule for plan review and approval for the construction of a new or
10additional installation or change in operation of a previously approved installation
11for the storage, handling or use of flammable or combustible liquids, the department
12shall collect a groundwater fee of $100 for each plan review submittal. The moneys
13collected under this subsection shall be credited to the environmental fund for
14groundwater environmental management.
AB100-engrossed,1343,2016
101.143
(1) (gm) "Property damage" does not include those liabilities
which 17that are excluded from coverage in liability insurance policies for property damage,
18other than liability for remedial action associated with petroleum product discharges
19from petroleum product storage systems.
"Property damage" does not include the
20loss of fair market value resulting from contamination.
AB100-engrossed,1344,422
101.143
(2) (e) The department shall promulgate rules, with an effective date
23of no later than January 1, 1996, specifying the methods the department will use
24under sub. (3) (ae),
(ah), (am) and
(as) (ap) to identify the petroleum product storage
25system or home oil tank system which discharged the petroleum product that caused
1an area of contamination and to determine when a petroleum product discharge that
2caused an area of contamination occurred. The department shall write the rule in
3a way that permits a clear determination of what petroleum product contamination
4is eligible for an award under sub. (4) after December 31, 1995.
AB100-engrossed,1344,126
101.143
(3) (a)
Who may submit a claim. (intro.) Subject to pars. (ae),
(ah), (am)
7and
(as) (ap), an owner or operator or a person owning a home oil tank system may
8submit a claim to the department for an award under sub. (4) to reimburse the owner
9or operator or the person for the eligible costs under sub. (4) (b) that the owner or
10operator or the person incurs because of a petroleum products discharge from a
11petroleum product storage system or home oil tank system if all of the following
12apply:
AB100-engrossed, s. 2588b
13Section 2588b. 101.143 (3) (ae) 1. of the statutes is renumbered 101.143 (3)
14(ae) and amended to read:
AB100-engrossed,1344,2115
101.143
(3) (ae) An owner or operator or a person owning a home oil tank
16system is not eligible for an award under this section for costs incurred because of
17a petroleum product discharge from
a an underground petroleum product storage
18tank system or a home oil tank system that meets the performance standards in
40
19CFR 280.20 or in rules promulgated by the department relating to underground
20petroleum product storage tank systems installed after December 22, 1988,
except
21as provided in subd. 2 if the discharge is confirmed after December 31, 1995.
AB100-engrossed,1345,624
101.143
(3) (ah)
New aboveground systems. An owner or operator is not eligible
25for an award under this section for costs incurred because of a petroleum product
1discharge from a petroleum product storage system that is not an underground
2petroleum product storage tank system and that meets the performance standards
3in rules promulgated by the department relating to petroleum product storage
4systems that are not underground petroleum product storage tank systems and that
5are installed after April 30, 1991, if the discharge is confirmed after December 22,
62001.
AB100-engrossed,1345,189
101.143
(3) (am) (title)
Upgraded underground systems. 1. An owner or
10operator or a person owning a home oil tank system is not eligible for an award under
11this section for costs incurred because of a petroleum product discharge from
an
12underground petroleum product storage
tank system or a home oil tank system if
the
13discharge is confirmed after December 31, 1995, and the discharge is confirmed, or
14activities under par. (c) or (g) are begun with respect to that discharge, after the day
15on which the
underground petroleum product storage
tank system or home oil tank
16system first meets the upgrading requirements in
40 CFR 280.21 (b) to (d) or in rules
17promulgated by the department relating to the upgrading of existing underground
18petroleum product storage tank systems, except as provided in
subds. subd. 2.
to 4.
AB100-engrossed,1346,819
2. If
a an underground petroleum product storage
tank system or home oil tank
20system first meets the upgrading requirements in
40 CFR 280.21 (b) to (d) or in rules
21promulgated by the department relating to the upgrading of existing underground
22petroleum product storage tank systems, after December 31, 1993, and the owner or
23operator or person owning the home oil tank system applies for private pollution
24liability insurance covering the
underground petroleum product storage
tank 25system or home oil tank system within 30 days after the day on which the
1underground petroleum product storage
tank system or home oil tank system first
2meets those upgrading requirements, then the owner or operator or person remains
3eligible for an award for costs incurred because of a petroleum product discharge,
4from that
underground petroleum product storage
tank system or home oil tank
5system, which is confirmed, and with respect to which activities under par. (c) or (g)
6are begun, before the 91st day after the day on which the
underground petroleum
7product storage
tank system or home oil tank system first meets those upgrading
8requirements.
AB100-engrossed,1346,2112
101.143
(3) (ap)
Upgraded aboveground systems. An owner or operator is not
13eligible for an award under this section for costs incurred because of a petroleum
14product discharge from a petroleum product storage system that is not an
15underground petroleum product storage tank system if the discharge is confirmed
16after December 22, 2001, and the discharge is confirmed, or activities under par. (c)
17or (g) are begun with respect to that discharge, after the day on which the petroleum
18product storage system first meets the upgrading requirements in rules
19promulgated by the department relating to the upgrading of existing petroleum
20product storage systems that are not underground petroleum product storage tank
21systems.
AB100-engrossed,1347,3
1101.143
(4) (a) 5. The department shall review claims related to home oil tank
2discharges as soon as the claims are received. The department shall issue an award
3for an eligible home oil tank discharge as soon as it completes the review of the claim.
AB100-engrossed,1347,155
101.143
(4) (a) 8. If an owner or operator or person owning a home oil tank
6system is conducting approved remedial action activities that were necessitated by
7a petroleum product discharge from a petroleum product storage system or home oil
8tank system and those remedial action activities have not remedied the discharge,
9then the department may approve financial assistance under this section for
10enhancements to the approved remedial action activities or different remedial action
11activities that the department determines will remedy the discharge without
12increasing the overall costs of remedying the discharge. The total amount of an
13original award under this section plus additional financial assistance provided
14under this subdivision is subject to the limits in pars. (d) to (e), (ei) and (em) on
15amounts of awards.
AB100-engrossed,1347,1917
101.143
(4) (c) 8. Interest costs incurred by an applicant that exceed interest
18at 1% over the prime rate, as determined under rules promulgated by the
19department.
AB100-engrossed,1347,2221
101.143
(4) (c) 9. Loan origination fees incurred by an applicant that exceed 2%
22of the principal amount of the loan.
AB100-engrossed,1347,2524
101.143
(4) (c) 10. Loan renewal fees incurred by an applicant that exceed 1%
25of the principal amount of the loan.
AB100-engrossed,1348,122
101.143
(4) (ce)
Eligible cost; service providers. The department may
3promulgate rules under which the department selects service providers to provide
4investigation or remedial action services in specified areas. The rules may provide
5that the costs of a service for which the department has selected a service provider
6in an area are not eligible costs under par. (b), or that eligible costs are limited to the
7amount that the selected service provider would have charged, if an owner or
8operator of a petroleum product storage system located in that area, or a person
9owning a home oil tank system located in that area, uses a service provider other
10than the service provider selected by the department to perform the services. If the
11department selects service providers under this paragraph, it shall regularly update
12the list of service providers that it selects.
AB100-engrossed,1348,2114
101.143
(4) (d) 1. The department shall issue an award under this paragraph
15for a claim filed after July 31, 1987, for eligible costs, under par. (b), incurred on or
16after August 1, 1987, and before
July 1, 1998 December 22, 2001, by the owner or
17operator of an underground petroleum product storage tank system and for eligible
18costs, under par. (b), incurred on or after
July 1, 1998 December 22, 2001, by the
19owner or operator of an underground petroleum product storage tank system if the
20petroleum product discharge on which the claim is based is confirmed and activities
21under sub. (3) (c) or (g) are begun before
July 1, 1998 December 22, 2001.
AB100-engrossed,1349,623
101.143
(4) (dm) 1. The department shall issue an award under this paragraph
24for a claim for eligible costs, under par. (b), incurred on or after August 1, 1987, and
25before
July 1, 1998 December 22, 2001, by the owner or operator of a petroleum
1product storage system that is not an underground petroleum product storage tank
2system and for eligible costs, under par. (b), incurred on or after
July 1, 1998 3December 22, 2001, by the owner or operator of a petroleum product storage system
4that is not an underground petroleum product storage tank system if the petroleum
5product discharge on which the claim is based is confirmed and activities under sub.
6(3) (c) or (g) are begun before
July 1, 1998 December 22, 2001.
AB100-engrossed,1349,178
101.143
(4) (dr)
Deductible in certain cases. If a person is the owner or operator
9of an underground petroleum product storage tank system and a petroleum product
10storage system that is not an underground petroleum product storage tank system,
11both of which have discharged resulting in one occurrence, and if the person is
12eligible for an award under pars. (d) and (dm), the department shall calculate the
13award using the deductible determined under par. (d) 2. if the predominant method
14of petroleum product storage at the site, measured in gallons, is underground
15petroleum product storage tank systems or using the deductible determined under
16par. (dm) 2. if the predominant method of petroleum product storage at the site is not
17underground petroleum product storage tank systems.
AB100-engrossed,1349,2219
101.143
(4) (e) 1. b. Eligible costs, under par. (b), incurred on or after
July 1,
201998 December 22, 2001, by the owner or operator of a petroleum product storage
21system that is not an underground petroleum product storage system if those costs
22are not reimbursable under par. (dm) 1.
AB100-engrossed,1349,2523
c. Eligible costs, under par. (b), incurred on or after
July 1, 1998 December 22,
242001, by the owner or operator of an underground petroleum product storage tank
25system if those costs are not reimbursable under par. (d) 1.
AB100-engrossed,1350,42
101.143
(4) (g) 7. The petroleum product discharge was caused by a person who
3provided services or products to the claimant or to a prior owner or operator of the
4petroleum product storage system or home oil tank system.
AB100-engrossed,1350,126
101.143
(4) (h)
Reductions of awards. 1. Notwithstanding pars. (d) 2. (intro.),
7(dm) 2. (intro.), (e) 2. and (em) 2., if an owner or operator or person owning a home
8oil tank system prepares and submits a claim that includes ineligible costs that are
9identified under subd. 2., the department shall calculate the award by determining
10the amount that the award would otherwise be under par. (d), (dm), (e) or (em) based
11only on the eligible costs and then by reducing that amount by 50% of the amount
12of the ineligible costs identified under subd. 2. that are included in the claim.
AB100-engrossed,1350,1913
1m. If a consultant prepares a claim that is submitted by a claimant and that
14includes ineligible costs that are identified under subd. 2., the consultant shall pay
15to the department an amount equal to 50% of the ineligible costs identified under
16subd. 2. that are included in the claim. A consultant may not charge the owner or
17operator for any amount that the consultant is required to pay under this
18subdivision. Payments made under this subdivision shall be deposited in the
19petroleum inspection fund.
AB100-engrossed,1350,2120
2. The department shall promulgate a rule identifying the ineligible costs to
21which subds. 1. and 1m. apply.
AB100-engrossed, s. 2603
22Section
2603. 101.143 (5) (a) of the statutes is renumbered 101.143 (5) (am)
23(intro.) and amended to read:
AB100-engrossed,1351,3
1101.143
(5) (am)
Right of action. (intro.) A right of action under this section
2shall accrue to the state against an owner, operator or other person only if
the one
3of the following applies:
AB100-engrossed,1351,7
41. The owner, operator or other person submits a fraudulent claim or does not
5meet the requirements under this section and
if an award is issued under this section
6to the owner, operator or other person for eligible costs under this section or
if 7payment is made to a lender under sub. (4e).