AB455: Bill Text

LRB-2853/1

MCP:amn&skw

2023 - 2024 LEGISLATURE

2023 Assembly BILL 455

September 28, 2023 - Introduced by Representatives Novak, Mursau, Oldenburg, Rozar and Schmidt, cosponsored by Senator Ballweg. Referred to Committee on Transportation.

AB455,1,3 An Act to create 20.115 (1) (f) and 168.107 of the statutes; relating to: creating fuel blend requirements for new gas stations, providing grants for fuel blend compatibility improvements, and making an appropriation.

Analysis by the Legislative Reference Bureau

This bill requires new retail or wholesale fueling facilities that are built on vacant land to ensure that 1) all of the facility's equipment used to store or dispense gasoline is capable of storing or dispensing a gasoline-ethanol fuel blend that contains at least 25 percent ethanol by volume; and 2) all of the facility's equipment used to store or dispense petroleum-based diesel fuel is capable of storing or dispensing a biodiesel fuel blend that contains at least 20 percent biodiesel by volume. The bill requires the Department of Agriculture, Trade and Consumer Protection to provide grants to such facilities for this purpose, in an amount of $1,000 for each new dispenser or the increased cost to retrofit dispensers to meet this requirement, whichever is less. Such a grant may not be made to a facility that has received federal funds for this purpose. DATCP may not provide more than $15,000 to any single facility. Under the bill, a facility that receives such a grant must provide, from each dispenser funded by the grant, a gasoline-ethanol fuel blend that contains at least 15 percent ethanol by volume or a biodiesel fuel blend that contains at least 20 percent biodiesel by volume.

The bill also requires DATCP to provide grants to existing retail or wholesale fueling facilities to allow the facility to be able to store or dispense a gasoline-ethanol fuel blend that contains at least 25 percent ethanol by volume or a biodiesel fuel blend that contains at least 20 percent biodiesel by volume. Such a grant may be made in an amount up to 50 percent of the cost to the facility for any equipment or infrastructure installed or replaced for this purpose. Such a grant may not be made to a facility that has received federal funds for this purpose. Under the bill, a facility that receives such a grant must provide, from each dispenser funded by the grant, a gasoline-ethanol fuel blend that contains at least 15 percent ethanol by volume or a biodiesel fuel blend that contains at least 20 percent biodiesel by volume.

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:

AB455,1 Section 1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table

AB455,2 Section 2. 20.115 (1) (f) of the statutes is created to read:

AB455,2,5 20.115 (1) (f) Fuel blend compatibility grants. As a continuing appropriation, the amounts in the schedule to provide grants under s. 168.107.

AB455,3 Section 3. 168.107 of the statutes is created to read:

AB455,2,12 168.107 Requirements and financial assistance for fuel blend compatibility. (1) Fuel blend requirements for new construction; financial assistance. (a) A facility that offers for sale, at retail or wholesale, gasoline or petroleum-based diesel fuel and that is constructed on vacant land after the effective date of this paragraph .... [LRB inserts date], shall ensure that all of the following conditions are met:

AB455,3,3 1. All of the facility's equipment used to store or dispense gasoline is capable of storing or dispensing a gasoline-ethanol fuel blend that contains at least 25 percent ethanol by volume.

AB455,3,6 2. All of the facility's equipment used to store or dispense petroleum-based diesel fuel is capable of storing or dispensing a biodiesel fuel blend that contains at least 20 percent biodiesel fuel, as defined in s. 168.14 (2m) (a), by volume.

AB455,3,12 (b) The department shall provide grants to facilities for the purpose of complying with par. (a). A facility is not eligible to receive a grant under this paragraph if the facility has received federal funds for this purpose. The department may not provide more than $15,000 in total grants to the same facility under this paragraph. A grant under this paragraph shall be provided in one of the following amounts, whichever is less:

AB455,3,13 1. For each fuel dispenser, $1,000.

AB455,3,16 2. An amount equal to the difference between the cost of a fuel dispenser that does not comply with the provisions in par. (a) 1. and 2. and the cost of a fuel dispenser that complies with the provisions in par. (a) 1. and 2.

AB455,3,21 (c) For the 5 years following the receipt of a grant under par. (b), the facility shall offer for sale, from each piece of dispensing equipment that is funded by the grant, a gasoline-ethanol fuel blend that contains at least 15 percent ethanol by volume or a biodiesel fuel blend that contains at least 20 percent biodiesel fuel, as defined in s. 168.14 (2m) (a), by volume.

AB455,4,6 (2) Financial assistance for fuel blend compatibility improvements. (a) Unless sub. (1) applies, the department shall provide grants to facilities that offer for sale, at retail or wholesale, gasoline or petroleum-based diesel fuel for the purpose of allowing the facility to store or dispense a gasoline-ethanol fuel blend that contains at least 25 percent ethanol by volume or a biodiesel fuel blend that contains at least 20 percent biodiesel fuel, as defined in s. 168.14 (2m) (a), by volume. A grant under this paragraph may be provided in an amount up to 50 percent of the cost to the facility for any equipment or infrastructure installed or replaced for this purpose. A facility is not eligible to receive a grant under this paragraph if the facility has received federal funds for this purpose.

AB455,4,11 (b) For the 5 years following the receipt of a grant under par. (a), the facility shall offer for sale, from each piece of dispensing equipment that is funded by the grant, a gasoline-ethanol fuel blend that contains at least 15 percent ethanol by volume or a biodiesel fuel blend that contains at least 20 percent biodiesel fuel, as defined in s. 168.14 (2m) (a), by volume.

AB455,4 Section 4. Initial applicability.

AB455,4,15 (1) The treatment of s. 168.107 (1) first applies to a facility that offers gasoline or petroleum-based diesel fuel for sale, for the first time, on the effective date of this subsection.

AB455,4,16 (End)