Amendment ASA1-AB100

AB100-ASA1, s. 1990 Section 1990. 98.18 (1) (a) 2. b. of the statutes is renumbered 98.18 (1) (bm) 2.

AB100-ASA1, s. 1991 Section 1991. 98.18 (1) (b) of the statutes is repealed.

AB100-ASA1, s. 1992 Section 1992. 98.18 (1) (c) of the statutes is renumbered 98.18 (1p) and amended to read:

AB100-ASA1,1185,20 98.18 (1p) (title) Surcharge for operating without a license. An applicant for a license under par. sub. (1) (a) shall pay a license fee surcharge of $100 $200 in addition to the license fee if the department determines that within one year prior to submitting the license before making the application the applicant engaged in the business of installing, servicing, testing or calibrating weights and measures without a license as required by par. violated sub. (1) (a). Payment of the license fee this surcharge does not relieve the applicant of any other civil or criminal liability that may result from the unlicensed activity but shall the applicant may incur because of the violation of sub. (1) (a), but does not constitute evidence of violation of a law.

AB100-ASA1, s. 1993 Section 1993. 98.18 (1) (d) of the statutes is renumbered 98.18 (1t) and amended to read:

AB100-ASA1,1186,3 98.18 (1t) (title) License contingent on fee payment. The department shall may not issue or renew a license under par. sub. (1) (a) unless the applicant pays all fees required under pars. (b) and (c) subs. (1h) and (1p) as set forth in a statement issued by the department. The department shall refund a fee paid under protest if the department determines that the fee was not required to be paid under this section.

AB100-ASA1, s. 1994 Section 1994. 98.18 (1h) of the statutes is created to read:

AB100-ASA1,1186,6 98.18 (1h) License fees. Unless the department establishes different fees by rule, the following annual license fees shall apply:

AB100-ASA1,1186,9 (a) If the applicant solely engages in installing, servicing, testing or calibrating weights and measures that the applicant owns, the applicant for a license under sub. (1) (a) shall pay a license fee in the amount of $100.

AB100-ASA1,1186,11 (b) If the applicant installs, services, tests or calibrates weights or measures for others, the applicant for a license under sub. (1) (a) shall pay all of the following:

AB100-ASA1,1186,12 1. A basic license fee of $200.

AB100-ASA1,1186,14 2. A supplementary license fee of $50 for each additional business location if the applicant operates from more than one business location.

AB100-ASA1, s. 1995 Section 1995. 98.18 (2) of the statutes is amended to read:

AB100-ASA1,1186,19 98.18 (2) Rules. The department may promulgate rules to establish license fees under sub. (1) (b) (1h) and to regulate the installation, servicing, testing and certification of weights and measures. The rules may include record-keeping and reporting requirements.

AB100-ASA1, s. 1996 Section 1996. 98.245 (4) (a) of the statutes is amended to read:

AB100-ASA1,1187,3 98.245 (4) (a) When liquefied petroleum gas is sold or delivered to a consumer as a liquid and by liquid measurement the volume of liquid so sold and delivered shall be corrected to a temperature of 60 degrees Fahrenheit through use of an approved volume correction factor table, or through use of an approved a meter with that is equipped with a sealed automatic compensating mechanism and that is in compliance with sub. (7). All sale tickets shall show the delivered gallons, the temperature at the time of delivery and the corrected gallonage, or shall state that temperature correction was automatically made.

AB100-ASA1, s. 1997 Section 1997. 98.245 (4) (b) of the statutes is amended to read:

AB100-ASA1,1187,15 98.245 (4) (b) When liquefied petroleum gas is sold or delivered to a consumer in vapor form by vapor measurement, the volume of vapor so sold and delivered shall be corrected to a temperature of 60 degrees Fahrenheit through the use of an approved a meter that is equipped with a sealed automatic temperature compensating mechanism. This paragraph shall apply to all meters installed for use in the vapor measurement of liquefied petroleum gas in vapor form after May 24, 1978. This paragraph does not prohibit the continued use of meters previously installed without a self-sealing automatic temperature compensating mechanism, but no such meter may be continued in use after January 1, 1986, unless brought into compliance with this paragraph. Subsection (7) does not apply to meters used to sell or deliver liquefied petroleum gas that are subject to this paragraph.

AB100-ASA1, s. 1998 Section 1998. 98.245 (6) (title) of the statutes is repealed and recreated to read:

AB100-ASA1,1187,18 98.245 (6) (title) Pumps and meters.

AB100-ASA1, s. 1999 Section 1999. 98.245 (6) (a) (intro.) of the statutes is amended to read:

AB100-ASA1,1188,2 98.245 (6) (a) (intro.) No person may sell liquefied petroleum gas and deliver it by a vehicle equipped with a pump and metering device meter unless the pump and metering device meter is equipped with a delivery ticket printer and is in compliance with sub. (7). Except as provided in par. (b), the seller shall, at the time of delivery, either provide a copy of the delivery ticket printed by the delivery ticket printer to the purchaser or leave a copy at the place of delivery. The delivery ticket shall contain all of the following information:

AB100-ASA1, s. 2568b Section 2568b. 98.245 (7) of the statutes is created to read:

AB100-ASA1,1188,7 98.245 (7) Meters; registration; testing; fees. (a) Registration of meters. 1. The department shall promulgate rules to require owners of meters that are used to measure amounts of liquefied petroleum gas to register the meters with the department.

AB100-ASA1,1188,12 2. The owner of a meter shall pay to the department a one-time fee of $25 to register a meter under subd. 1. The owner shall pay the fee within 60 days after the effective date of the rules promulgated under subd. 1., or within 60 days after the owner acquires a meter for which a registration fee has not been paid, whichever is later.

AB100-ASA1,1188,17 3. If an owner of a meter fails to comply with subd. 2., the department may assess the owner a fee of not more than $250 for that meter. If the owner does not pay the fee under this subdivision within 30 days after it is assessed, the department shall increase the fee by $10 for each day thereafter until the owner of the meter complies with subd. 2.

AB100-ASA1,1188,20 (b) Testing of meters. 1. The owner of a meter required to be registered under par. (a) shall have the meter tested annually by a meter servicing company that is licensed by the department.

AB100-ASA1,1188,23 2. A meter servicing company shall file with the department a report, for each meter, containing the results of the testing under subd. 1. within 30 days after completing the testing.

AB100-ASA1,1189,3 3. If the department determines that a meter has not been tested within the last year, the department shall notify the owner. The owner shall have 30 days after being notified to have the meter tested.

AB100-ASA1,1189,5 4. If the owner fails to have the owner's meter tested as required under subd. 3., the department may assess the owner a fee of not more than $100 for that meter.

AB100-ASA1,1189,8 5. If the meter servicing company fails to file a report in compliance with subd. 2. for a meter, the department may assess the meter servicing company a fee of up to $100 for each report.

AB100-ASA1, s. 2000 Section 2000. 100.45 (1) (dm) of the statutes is created to read:

AB100-ASA1,1189,17 100.45 (1) (dm) "State agency" means any office, department, agency, institution of higher education, association, society or other body in state government created or authorized to be created by the constitution or any law which is entitled to expend moneys appropriated by law, including the legislature and the courts, the Wisconsin Housing and Economic Development Authority, the Bradley Center Sports and Entertainment Corporation, the University of Wisconsin Hospitals and Clinics Authority and the Wisconsin Health and Educational Facilities Authority.

AB100-ASA1, s. 2001 Section 2001. 100.45 (4) (intro.) of the statutes is amended to read:

AB100-ASA1,1189,24 100.45 (4) Servicing. (intro.) No person, including a state agency, as defined in s. 234.75 (10), may perform motor vehicle repair that releases or may release ozone-depleting refrigerant from a mobile air conditioner or trailer refrigeration equipment or may install or service a mobile air conditioner or trailer refrigeration equipment that contains ozone-depleting refrigerant unless all of the following apply:

AB100-ASA1, s. 2002 Section 2002. 101.14 (1) (c) of the statutes is amended to read:

AB100-ASA1,1190,5 101.14 (1) (c) The department is hereby empowered and directed to provide the form of a course of study in fire prevention for use in the public schools, dealing with the protection of lives and property against loss or damage as a result of preventable fires, and transmit the same by the first day of August in each year to the department of education state superintendent of public instruction.

AB100-ASA1, s. 2003 Section 2003. 101.14 (5) (a) of the statutes is amended to read:

AB100-ASA1,1190,13 101.14 (5) (a) Subject to par. (b), in addition to any fee charged by the department by rule for plan review and approval for the construction of a new or additional installation or change in operation of a previously approved installation for the storage, handling or use of flammable or combustible liquids, the department shall collect a groundwater fee of $100 for each plan review submittal. The moneys collected under this subsection shall be credited to the environmental fund for groundwater environmental management.

AB100-ASA1, s. 2004 Section 2004. 101.143 (1) (gm) of the statutes is amended to read:

AB100-ASA1,1190,19 101.143 (1) (gm) "Property damage" does not include those liabilities which that are excluded from coverage in liability insurance policies for property damage, other than liability for remedial action associated with petroleum product discharges from petroleum product storage systems. "Property damage" does not include the loss of fair market value resulting from contamination.

AB100-ASA1, s. 2005 Section 2005 . 101.143 (2) (e) of the statutes is amended to read:

AB100-ASA1,1191,3 101.143 (2) (e) The department shall promulgate rules, with an effective date of no later than January 1, 1996, specifying the methods the department will use under sub. (3) (ae), and (am) and (as) to identify the petroleum product storage system or home oil tank system which discharged the petroleum product that caused an area of contamination and to determine when a petroleum product discharge that caused an area of contamination occurred. The department shall write the rule in a way that permits a clear determination of what petroleum product contamination is eligible for an award under sub. (4) after December 31, 1995.

AB100-ASA1, s. 2006 Section 2006. 101.143 (2) (e) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is amended to read:

AB100-ASA1,1191,13 101.143 (2) (e) The department shall promulgate rules, with an effective date of no later than January 1, 1996, specifying the methods the department will use under sub. (3) (ae) and, (ah), (am) and (ap) to identify the petroleum product storage system or home oil tank system which discharged the petroleum product that caused an area of contamination and to determine when a petroleum product discharge that caused an area of contamination occurred. The department shall write the rule in a way that permits a clear determination of what petroleum product contamination is eligible for an award under sub. (4) after December 31, 1995.

AB100-ASA1, s. 2007 Section 2007. 101.143 (3) (a) (intro.) of the statutes is amended to read:

AB100-ASA1,1191,21 101.143 (3) (a) Who may submit a claim. (intro.) Subject to pars. (ae), and (am) and (as), an owner or operator or a person owning a home oil tank system may submit a claim to the department for an award under sub. (4) to reimburse the owner or operator or the person for the eligible costs under sub. (4) (b) that the owner or operator or the person incurs because of a petroleum products discharge from a petroleum product storage system or home oil tank system if all of the following apply:

AB100-ASA1, s. 2008 Section 2008 . 101.143 (3) (a) (intro.) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is amended to read:

AB100-ASA1,1192,5 101.143 (3) (a) Who may submit a claim. (intro.) Subject to pars. (ae) and, (ah), (am) and (ap), an owner or operator or a person owning a home oil tank system may submit a claim to the department for an award under sub. (4) to reimburse the owner or operator or the person for the eligible costs under sub. (4) (b) that the owner or operator or the person incurs because of a petroleum products discharge from a petroleum product storage system or home oil tank system if all of the following apply:

AB100-ASA1, s. 2009 Section 2009. 101.143 (3) (ae) of the statutes is amended to read:

AB100-ASA1,1192,13 101.143 (3) (ae) (title) New underground systems. 1. An owner or operator or a person owning a home oil tank system is not eligible for an award under this section for costs incurred because of a petroleum product discharge from a an underground petroleum product storage tank system or a home oil tank system that meets the performance standards in 40 CFR 280.20 or in rules promulgated by the department relating to underground petroleum product storage tank systems installed after December 22, 1988, except as provided in subd. 2.

AB100-ASA1,1193,4 2. If a an underground petroleum product storage tank system or home oil tank system that meets the performance standards in 40 CFR 280.20 or in rules promulgated by the department relating to underground petroleum product storage tank systems installed after December 22, 1988, is located on a site on which a petroleum product discharge is confirmed before the date on which the underground petroleum product storage tank system or home oil tank system is installed and the department of natural resources does not issue a case closure letter with respect to that discharge before the installation date, then the owner or operator or person owning the home oil tank system remains eligible for an award for costs incurred because of a petroleum product discharge, from that underground petroleum product storage tank system or home oil tank system, which is confirmed, and with respect to which activities under par. (c) or (g) are begun, before January 1, 1996, or before the 91st day after the day on which the department of natural resources issues a case closure letter with respect to the discharge that occurred before the installation of the underground petroleum product storage tank system or home oil tank system, whichever is earlier.

AB100-ASA1, s. 2010 Section 2010. 101.143 (3) (ah) of the statutes is created to read:

AB100-ASA1,1193,13 101.143 (3) (ah) New aboveground systems. 1. An owner or operator is not eligible for an award under this section for costs incurred because of a petroleum product discharge from a petroleum product storage system that is not an underground petroleum product storage tank system and that meets the performance standards in rules promulgated by the department relating to petroleum product storage systems that are not underground petroleum product storage tank systems and that are installed after April 30, 1991, except as provided in subd. 2.

AB100-ASA1,1194,2 2. If a petroleum product storage system that is not an underground petroleum product storage tank system and that meets the performance standards in rules promulgated by the department relating to petroleum product storage systems that are not underground petroleum product storage tank systems and that are installed after April 30, 1991, is located on a site on which a petroleum product discharge is confirmed before the date on which the petroleum product storage system is installed and the department of natural resources does not issue a case closure letter with respect to that discharge before the installation date, then the owner or operator remains eligible for an award for costs incurred because of a petroleum product discharge, from that petroleum product storage system, which is confirmed, and with respect to which activities under par. (c) or (g) are begun, before May 1, 2001, or before the 91st day after the day on which the department of natural resources issues a case closure letter with respect to the discharge that occurred before the installation of the petroleum product storage system, whichever is earlier.

AB100-ASA1, s. 2011 Section 2011. 101.143 (3) (am) of the statutes is amended to read:

AB100-ASA1,1194,13 101.143 (3) (am) (title) Upgraded underground systems. 1. An owner or operator or a person owning a home oil tank system is not eligible for an award under this section for costs incurred because of a petroleum product discharge from an underground petroleum product storage tank system or a home oil tank system if the discharge is confirmed, or activities under par. (c) or (g) are begun with respect to that discharge, after the day on which the underground petroleum product storage tank system or home oil tank system first meets the upgrading requirements in 40 CFR 280.21 (b) to (d) or in rules promulgated by the department relating to the upgrading of existing underground petroleum product storage tank systems, except as provided in subds. 2. to 4.

AB100-ASA1,1195,3 2. If a an underground petroleum product storage tank system or home oil tank system first meets the upgrading requirements in 40 CFR 280.21 (b) to (d) or in rules promulgated by the department relating to the upgrading of existing underground petroleum product storage tank systems, after December 31, 1993, and the owner or operator or person owning the home oil tank system applies for private pollution liability insurance covering the underground petroleum product storage tank system or home oil tank system within 30 days after the day on which the underground petroleum product storage tank system or home oil tank system first meets those upgrading requirements, then the owner or operator or person remains eligible for an award for costs incurred because of a petroleum product discharge, from that underground petroleum product storage tank system or home oil tank system, which is confirmed, and with respect to which activities under par. (c) or (g) are begun, before the 91st day after the day on which the underground petroleum product storage tank system or home oil tank system first meets those upgrading requirements.

AB100-ASA1,1195,9 3. If a an underground petroleum product storage tank system first met the upgrading requirements in 40 CFR 280.21 (b) to (d) before May 1, 1991, then the owner or operator remains eligible for an award for costs incurred because of a petroleum product discharge, from that underground petroleum product storage tank system, which is confirmed, and with respect to which activities under par. (c) or (g) are begun, before January 1, 1996.

AB100-ASA1,1195,24 4. If a an underground petroleum product storage tank system or home oil tank system first meets the upgrading requirements in 40 CFR 280.21 (b) to (d) or in rules promulgated by the department relating to the upgrading of existing underground petroleum product storage tank systems, after April 30, 1991, and is located on a site on which a petroleum product discharge is confirmed before the date on which the underground petroleum product storage tank system or home oil tank system first meets those upgrading requirements and the department of natural resources does not issue a case closure letter with respect to that discharge before that date, then the owner or operator or person owning the home oil tank system remains eligible for an award for costs incurred because of a petroleum product discharge, from that underground petroleum product storage tank system or home oil tank system, which is confirmed, and with respect to which activities under par. (c) or (g) are begun, before January 1, 1996, or before the 91st day after the day on which the department of natural resources issues a case closure letter with respect to the discharge that occurred before the upgrading requirements were met, whichever is earlier.

AB100-ASA1, s. 2012 Section 2012. 101.143 (3) (ap) of the statutes is created to read:

AB100-ASA1,1196,9 101.143 (3) (ap) Upgraded aboveground systems. 1. An owner or operator is not eligible for an award under this section for costs incurred because of a petroleum product discharge from a petroleum product storage system that is not an underground petroleum product storage tank system if the discharge is confirmed, or activities under par. (c) or (g) are begun with respect to that discharge, after the day on which the petroleum product storage system first meets the upgrading requirements in rules promulgated by the department relating to the upgrading of existing petroleum product storage systems that are not underground petroleum product storage tank systems, except as provided in subd. 2.

AB100-ASA1,1196,23 2. If a petroleum product storage system that meets the upgrading requirements in rules promulgated by the department relating to the upgrading of existing petroleum product storage systems that are not underground petroleum product storage tank systems is located on a site on which a petroleum product discharge is confirmed before the date on which the petroleum product storage system first meets those upgrading requirements and the department of natural resources does not issue a case closure letter with respect to that discharge before that date, then the owner or operator remains eligible for an award for costs incurred because of a petroleum product discharge, from that petroleum product storage system, which is confirmed, and with respect to which activities under par. (c) or (g) are begun, before May 1, 2001, or before the 91st day after the day on which the department of natural resources issues a case closure letter with respect to the discharge that occurred before the upgrading requirements were met, whichever is earlier.

AB100-ASA1, s. 2013 Section 2013. 101.143 (3) (as) of the statutes is repealed.

AB100-ASA1, s. 2595b Section 2595b. 101.143 (4) (a) 5. of the statutes is repealed and recreated to read:

AB100-ASA1,1197,5 101.143 (4) (a) 5. The department shall review claims related to home oil tank discharges as soon as the claims are received. The department shall issue an award for an eligible home oil tank discharge as soon as it completes the review of the claim.

AB100-ASA1, s. 2014 Section 2014. 101.143 (4) (a) 8. of the statutes is created to read:

AB100-ASA1,1197,17 101.143 (4) (a) 8. If an owner or operator or person owning a home oil tank system is conducting approved remedial action activities that were necessitated by a petroleum product discharge from a petroleum product storage system or home oil tank system and those remedial action activities have not remedied the discharge, then the department may approve financial assistance under this section for enhancements to the approved remedial action activities or different remedial action activities that the department determines will remedy the discharge without increasing the overall costs of remedying the discharge. The total amount of an original award under this section plus additional financial assistance provided under this subdivision is subject to the limits in pars. (d) to (e), (ei) and (em) on amounts of awards.

AB100-ASA1, s. 2015 Section 2015. 101.143 (4) (c) 8. of the statutes is created to read:

AB100-ASA1,1197,20 101.143 (4) (c) 8. Interest costs incurred by an applicant that exceed interest at the prime rate, as determined under rules promulgated by the department.

AB100-ASA1, s. 2598e Section 2598e. 101.143 (4) (c) 9. of the statutes is created to read:

AB100-ASA1,1197,23 101.143 (4) (c) 9. Loan origination fees incurred by an applicant that exceed 1% of the principal amount of the loan.

AB100-ASA1, s. 2598f Section 2598f. 101.143 (4) (c) 10. of the statutes is created to read:

AB100-ASA1,1197,25 101.143 (4) (c) 10. Loan renewal fees incurred by an applicant.

AB100-ASA1, s. 2016 Section 2016. 101.143 (4) (ce) of the statutes is created to read:

AB100-ASA1,1198,12 101.143 (4) (ce) Eligible cost; service providers. The department may promulgate rules under which the department selects service providers to provide investigation or remedial action services in specified areas. The rules may provide that the costs of a service for which the department has selected a service provider in an area are not eligible costs under par. (b), or that eligible costs are limited to the amount that the selected service provider would have charged, if an owner or operator of a petroleum product storage system located in that area, or a person owning a home oil tank system located in that area, uses a service provider other than the service provider selected by the department to perform the services. If the department selects service providers under this paragraph, it shall regularly update the list of service providers that it selects.

AB100-ASA1, s. 2599g Section 2599g. 101.143 (4) (d) 1. of the statutes is amended to read:

AB100-ASA1,1198,21 101.143 (4) (d) 1. The department shall issue an award under this paragraph for a claim filed after July 31, 1987, for eligible costs, under par. (b), incurred on or after August 1, 1987, and before July 1, 1998 December 22, 2001, by the owner or operator of an underground petroleum product storage tank system and for eligible costs, under par. (b), incurred on or after July 1, 1998 December 22, 2001, by the owner or operator of an underground petroleum product storage tank system if the petroleum product discharge on which the claim is based is confirmed and activities under sub. (3) (c) or (g) are begun before July 1, 1998 December 22, 2001.

AB100-ASA1, s. 2599r Section 2599r. 101.143 (4) (dm) 1. of the statutes is amended to read:

AB100-ASA1,1199,6 101.143 (4) (dm) 1. The department shall issue an award under this paragraph for a claim for eligible costs, under par. (b), incurred on or after August 1, 1987, and before July 1, 1998 December 22, 2001, by the owner or operator of a petroleum product storage system that is not an underground petroleum product storage tank system and for eligible costs, under par. (b), incurred on or after July 1, 1998 December 22, 2001, by the owner or operator of a petroleum product storage system that is not an underground petroleum product storage tank system if the petroleum product discharge on which the claim is based is confirmed and activities under sub. (3) (c) or (g) are begun before July 1, 1998 December 22, 2001.

AB100-ASA1, s. 2017 Section 2017. 101.143 (4) (dr) of the statutes is created to read:

AB100-ASA1,1199,17 101.143 (4) (dr) Deductible in certain cases. If a person is the owner or operator of an underground petroleum product storage tank system and a petroleum product storage system that is not an underground petroleum product storage tank system, both of which have discharged resulting in one occurrence, and if the person is eligible for an award under pars. (d) and (dm), the department shall calculate the award using the deductible determined under par. (d) 2. if the predominant method of petroleum product storage at the site, measured in gallons, is underground petroleum product storage tank systems or using the deductible determined under par. (dm) 2. if the predominant method of petroleum product storage at the site is not underground petroleum product storage tank systems.

AB100-ASA1, s. 2600e Section 2600e. 101.143 (4) (e) 1. b. and c. of the statutes are amended to read:

AB100-ASA1,1199,22 101.143 (4) (e) 1. b. Eligible costs, under par. (b), incurred on or after July 1, 1998 December 22, 2001, by the owner or operator of a petroleum product storage system that is not an underground petroleum product storage system if those costs are not reimbursable under par. (dm) 1.

AB100-ASA1,1199,25 c. Eligible costs, under par. (b), incurred on or after July 1, 1998 December 22, 2001, by the owner or operator of an underground petroleum product storage tank system if those costs are not reimbursable under par. (d) 1.

AB100-ASA1, s. 2018 Section 2018. 101.143 (4) (g) 7. of the statutes is created to read:

AB100-ASA1,1200,4 101.143 (4) (g) 7. The petroleum product discharge was caused by a person who provided services or products to the claimant or to a prior owner or operator of the petroleum product storage system or home oil tank system.

AB100-ASA1, s. 2019 Section 2019. 101.143 (4) (h) of the statutes is created to read:

AB100-ASA1,1200,12 101.143 (4) (h) Reductions of awards. 1. Notwithstanding pars. (d) 2. (intro.), (dm) 2. (intro.), (e) 2. and (em) 2., if an owner or operator or person owning a home oil tank system prepares and submits a claim that includes ineligible costs that are identified under subd. 2., the department shall calculate the award by determining the amount that the award would otherwise be under par. (d), (dm), (e) or (em) based only on the eligible costs and then by reducing that amount by 50% of the amount of the ineligible costs identified under subd. 2. that are included in the claim.