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2011 - 2012 LEGISLATURE
January 9, 2012 - Introduced by Senators Grothman, Holperin, Schultz, Taylor,
Lasee
and Hansen, cosponsored by Representatives Knilans, Kestell,
Bernier, Endsley, Jacque, LeMahieu, Kooyenga, Spanbauer, Strachota,
Thiesfeldt, Tiffany, Van Roy, Vos
and Rivard. Referred to Committee on
Agriculture, Forestry, and Higher Education.
SB370,1,3 1An Act to renumber and amend 100.45 (5e); and to create 100.45 (5e) (b) of
2the statutes; relating to: regulating certain substitutes for ozone-depleting
3refrigerants.
Analysis by the Legislative Reference Bureau
Current law imposes certain restrictions on ozone-depleting refrigerants
(ODRs) used in air conditioners for motor vehicles and motor vehicle trailers. The
restrictions prohibit the sale of an ODR in a container holding less than 15 pounds
of the ODR. Unless certain requirements are satisfied, the restrictions also prohibit
repairing such an air conditioner, if the repair may release ODRs, and installing or
servicing such an air conditioner, if the air conditioner contains ODRs. The
requirements that must be satisfied to perform such work include training or
certification requirements established by the Department of Agriculture, Trade and
Consumer Protection (DATCP) that the individual who performs the work must
satisfy, as well as requirements for removing and recycling the ODRs. Current law
also authorizes DATCP to promulgate rules providing that any of the foregoing
restrictions also apply to substances used as substitutes for ODRs (ODR
substitutes).
This bill creates exceptions to DATCP's rule-making authority regarding ODR
substitutes. Under the bill, DATCP may not promulgate rules that prohibit the sale
of an ODR substitute in a container holding less than 15 pounds of the ODR
substitute. In addition, the bill prohibits DATCP from promulgating rules
regulating an individual's noncommerical use of an ODR substitute that is sold in
such a container.

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:
SB370, s. 1 1Section 1. 100.45 (5e) of the statutes is renumbered 100.45 (5e) (a) and
2amended to read:
SB370,2,53 100.45 (5e) (a) The Except as provided in par. (b), the department may
4promulgate rules providing that any portion of sub. (3) or (4) applies with respect to
5a substance used as a substitute for an ozone-depleting refrigerant.
SB370, s. 2 6Section 2. 100.45 (5e) (b) of the statutes is created to read:
SB370,2,117 100.45 (5e) (b) The department may not promulgate rules prohibiting the sale
8or offering for sale of any substance used as a substitute for an ozone-depleting
9refrigerant in a container holding less than 15 pounds of the substance or regulating
10an individual's noncommerical use of such a substance that is sold in such a
11container.
SB370,2,1212 (End)
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