AB515-ASA1,4,1313 101.16 (3) (title) Filling, evacuating, and use of containers.
AB515-ASA1, s. 11 14Section 11. 101.16 (3) of the statutes is renumbered 101.16 (3) (a) and
15amended to read:
AB515-ASA1,4,2016 101.16 (3) (a) No Except as provided in par. (b), no person, firm or corporation,
17except
other than the owner thereof and those duly of a liquefied petroleum gas
18container or a person
authorized by the owner so to do, shall, may fill, refill, evacuate,
19or use in any other manner a liquefied petroleum gas the container or receptacle for
20any purpose whatsoever.
AB515-ASA1, s. 12 21Section 12. 101.16 (3) (b) of the statutes is created to read:
AB515-ASA1,4,2422 101.16 (3) (b) A retail supplier may evacuate a liquefied petroleum gas
23container not under its ownership in order to transfer the remaining liquefied
24petroleum gas that is in that container into a container that is under its ownership.
AB515-ASA1, s. 13 25Section 13. 101.16 (3g) of the statutes is created to read:
AB515-ASA1,5,6
1101.16 (3g) License required. (a) No retail supplier may distribute liquefied
2petroleum gas without holding a license issued by the department. The department,
3subject to s. 101.02 (20) and (21), shall issue a license to be a retail supplier upon
4receiving the fee established under s. 101.19 (1) (L) or (1m) and upon obtaining proof
5of financial responsibility as required under sub. (3r) (c). The term of the license shall
6be set by the department, not to exceed 2 years.
AB515-ASA1,5,87 (b) The department shall publish an annual list of all retail suppliers holding
8valid licenses under par. (a).
AB515-ASA1, s. 14 9Section 14. 101.16 (3r) of the statutes is created to read:
AB515-ASA1,5,1410 101.16 (3r) Financial responsibility. (a) Except as provided in par. (b), a retail
11supplier shall maintain proof of financial responsibility in the amount of $1,000,000
12per occurrence with an annual aggregate of $2,000,000 for compensating 3rd parties
13for bodily injury and property damages for incidents associated with the release of
14liquefied petroleum gas.
AB515-ASA1,5,2015 (b) A retail supplier who only fills department of transportation cylinders or
16who only fills containers for engine and recreational vehicle fueling systems shall
17maintain proof of financial responsibility in the amount of $500,000 per occurrence
18with an annual aggregate of $1,000,000 for compensating 3rd parties for bodily
19injury and property damages for incidents associated with the release of liquefied
20petroleum gas.
AB515-ASA1,5,2221 (c) A retail supplier may obtain any of the following to prove financial
22responsibility as required under par. (a) or (b):
AB515-ASA1,5,2523 1. A surety bond that is issued by a surety company that is listed as an
24acceptable surety for federal bonds on the date that the surety bond is obtained in
25the most recently published U.S. department of the treasury's circular 570.
AB515-ASA1,6,3
12. An irrevocable letter of credit that is issued by a financial institution that
2is authorized to do business in this state or that is federally chartered. The letter of
3credit shall be for an initial period of at least one year.
AB515-ASA1,6,74 3. Commercial general liability insurance as an endorsement to an existing
5policy or as a separate policy from an insurer, or a risk retention group, that is
6licensed to transact the business of insurance in this state or that is eligible to
7provide insurance as a surplus lines insurer in one or more states.
AB515-ASA1,6,108 (d) A retail supplier who fails to maintain proof of financial responsibility as
9required under par. (a) or (b), may not distribute liquefied petroleum gas at retail
10until such proof is obtained.
AB515-ASA1,6,1211 (e) Each retail supplier shall file proof of financial responsibility as required
12under this subsection with the department.
AB515-ASA1,6,1613 (f) A 3rd party that issues a surety bond, letter of credit, or general liability
14insurance to a retail supplier for purposes of this subsection shall provide written
15notice to the retail supplier and to the department at least 60 days before canceling,
16revoking, suspending, or failing to renew the bond, letter, or insurance.
AB515-ASA1,6,2117 (g) A retail supplier that cancels or fails to renew a surety bond, letter of credit,
18or general liability insurance shall notify the department at least 60 days before
19cancelling or failing to renew the bond, letter, or insurance. Upon receipt of the
20notice, the department shall revoke the retail supplier's license issued under sub.
21(3g).
AB515-ASA1,6,2422 (h) A financial institution that issues an irrevocable letter of credit to a retail
23supplier for purposes of this subsection shall renew the letter automatically unless
24notice is given as required under par. (f).
AB515-ASA1, s. 15 25Section 15. 101.16 (4) (title) of the statutes is created to read:
AB515-ASA1,7,1
1101.16 (4) (title) Requirements to provide information.
AB515-ASA1, s. 16 2Section 16. 101.16 (4) of the statutes is renumbered 101.16 (4) (a) and
3amended to read:
AB515-ASA1,7,114 101.16 (4) (a) Every The person, firm, association or corporation actually
5performing the work of installing, on and after the effective date of regulations
6promulgated by the department pursuant to this section,
equipment utilizing
7liquefied petroleum gas for fuel purposes, shall furnish the customer or user of said
8the equipment, a statement, the form of which shall be prescribed by the department,
9showing that the design, construction, location, and installation of said the
10equipment conforms with the rules and regulations adopted promulgated by the
11department pursuant to under this section.
AB515-ASA1, s. 17 12Section 17. 101.16 (4) (b) of the statutes is created to read:
AB515-ASA1,7,2213 101.16 (4) (b) 1. A person who owns, leases, or uses a propane gas system and
14who is a customer of a retail supplier shall notify the retail supplier of propane gas
15for the propane gas system of any interruption in the operation of the propane gas
16system due to the replacement, modification, repair, or servicing of the propane gas
17system by any person other than the retail supplier. The customer shall provide the
18notice at least 7 days in advance of the the interruption in the operation of the
19propane gas system, except as provided in subd. 2. The retail supplier, or the person
20replacing, modifying, repairing, or servicing the propane gas system, shall perform
21a check for leaks or other defects in the propane gas system before placing the
22propane gas system back into operation in the manner required by rule.
AB515-ASA1,8,223 2. If the interruption of a propane gas system subject to subd. 1. is due to
24emergency repair or servicing, the customer shall provide the notice to the retail

1supplier as soon as possible and no later than 24 hours after the repair or servicing
2is completed.
AB515-ASA1, s. 18 3Section 18. 101.16 (4) (c) of the statutes is created to read:
AB515-ASA1,8,94 101.16 (4) (c) Each retail supplier filling a container that is part of a propane
5gas system shall provide written notice to each customer subject to par. (b) of the
6customer's duty under par. (b) before the retail supplier's first delivery of propane gas
7to that customer and shall provide subsequent notices on an annual basis. The notice
8shall include all of the following information concerning the duty to notify under par.
9(b):
AB515-ASA1,8,1010 1. The name, address, and telephone number of the retail supplier.
AB515-ASA1,8,1111 2. The purpose of giving the notification to the retail supplier.
AB515-ASA1,8,1312 3. A description of the type of propane gas system that is subject to the
13notification requirement.
AB515-ASA1,8,1514 4. A description of the types of activities that constitute a replacement,
15modification, repair, or servicing of a propane gas system.
AB515-ASA1,8,1616 5. A copy of the provisions under s. 101.16 (4) (b).
AB515-ASA1, s. 19 17Section 19. 101.16 (5) (title) of the statutes is created to read:
AB515-ASA1,8,1818 101.16 (5) (title) Penalties.
AB515-ASA1, s. 20 19Section 20. 101.16 (5) of the statutes is renumbered 101.16 (5) (am) and
20amended to read:
AB515-ASA1,9,221 101.16 (5) (am) Any person, firm, association or corporation violating this
22section,
who intentionally violates sub. (3) or (4) or any standard, rule or regulation
23adopted by the department pursuant to this section, or issuing a false statement
24under sub. (4),
promulgated under sub. (2) shall be fined not less than $25 nor more

1than $100 $2,000, or shall be imprisoned not less than 30 days nor more than 6
2months.
AB515-ASA1, s. 21 3Section 21. 101.16 (5) (ac) of the statutes is created to read:
AB515-ASA1,9,64 101.16 (5) (ac) Except as provided in par. (am), any person who violates sub.
5(3) or (4) or any rule promulgated under sub. (2) shall forfeit not less than $10 nor
6more than $1,000.
AB515-ASA1, s. 22 7Section 22. 101.16 (5) (b) of the statutes is created to read:
AB515-ASA1,9,108 101.16 (5) (b) Except as provided in par. (c), any retail supplier who violates
9sub. (3g) or (3r) shall forfeit not less than $500 nor more than $1,000 for the first
10offense and not less than $2,000 nor more than $5,000 for each subsequent offense.
AB515-ASA1, s. 23 11Section 23. 101.16 (5) (c) of the statutes is created to read:
AB515-ASA1,9,1512 101.16 (5) (c) Any retail supplier who violates sub. (3g) or (3r) shall forfeit not
13less than $200 nor more than $400 for the first offense and not less than $800 nor
14more than $2,000 for each subsequent offense if the retail supplier is one of the
15following:
AB515-ASA1,9,1616 1. A retail supplier who only fills department of transportation cylinders.
AB515-ASA1,9,1817 2. A retail supplier who only fills containers for engine and recreational vehicle
18fueling systems.
AB515-ASA1, s. 24 19Section 24. 101.16 (5) (cg) of the statutes is created to read:
AB515-ASA1,9,2120 101.16 (5) (cg) Paragraphs (b) and (c) do not apply to intentional violations of
21subs. (3g) or (3r).
AB515-ASA1, s. 25 22Section 25. 101.16 (5) (cm) of the statutes is created to read:
AB515-ASA1,9,2523 101.16 (5) (cm) Except as provided in par. (cn), any retail supplier who
24intentionally violates sub. (3g) or (3r) shall be imprisoned not less than 30 days nor
25more than 6 months or shall be fined not less than $500 nor more than $1,000 for the

1first offense and not less than $2,000 nor more than $5,000 for each subsequent
2offense.
AB515-ASA1, s. 26 3Section 26. 101.16 (5) (cn) of the statutes is created to read:
AB515-ASA1,10,84 101.16 (5) (cn) Any retail supplier who only fills department of transportation
5cylinders or containers for engine and recreational vehicles and who intentionally
6violates sub. (3g) or (3r) shall be imprisoned not less than 30 days nor more than 6
7months or shall be fined not less than $200 nor more than $400 for the first offense
8and not less than $800 nor more than $2,000 for each subsequent offense.
AB515-ASA1, s. 27 9Section 27. 101.16 (5) (cr) of the statutes is created to read:
AB515-ASA1,10,1010 101.16 (5) (cr) 1. Each day of violation of sub. (3) constitutes a separate offense.
AB515-ASA1,10,1111 2. Each day of violation of sub. (3g) constitutes a separate offense.
AB515-ASA1,10,1212 3. Each day of violation of sub. (3r) constitutes a separate offense.
AB515-ASA1,10,1313 4. Each day of violation of sub. (4) constitutes a separate offense.
AB515-ASA1, s. 28 14Section 28. 101.16 (5) (d) of the statutes is created to read:
AB515-ASA1,10,1715 101.16 (5) (d) If a retail supplier is found in violation of sub. (3g) or (3r), the
16court shall require that the retail supplier cease distributing liquefied petroleum gas
17at retail until the retail supplier is issued the license required under sub. (3g).
AB515-ASA1, s. 29 18Section 29. 101.16 (5m) of the statutes is created to read:
AB515-ASA1,10,2319 101.16 (5m) Civil liability. (a) Any retail supplier who is licensed under sub.
20(3g) and who suffers damages caused by the filling of a container that is not a
21department of transportation cylinder by another retail supplier who is not so
22licensed may bring an action against the unlicensed retail supplier to do any of the
23following:
AB515-ASA1,10,2524 1. Enjoin the unlicensed retail supplier from distributing liquefied petroleum
25gas at retail until the retail supplier receives the required license.
AB515-ASA1,11,3
12. Receive monetary damages equal to 3 times the amount of any monetary loss
2sustained or $2,000, whichever is greater, multiplied by each day that the unlicensed
3supplier is not licensed under sub. (3g).
AB515-ASA1,11,54 (b) Notwithstanding s. 814.04 (1), a retail supplier who prevails in an action
5under par. (a) shall be awarded reasonable attorney fees.
AB515-ASA1,11,76 (c) An action under this subsection shall be commenced within 180 days after
7the cause of action accrues or be barred.
AB515-ASA1, s. 30 8Section 30. 101.16 (6) of the statutes is amended to read:
AB515-ASA1,11,109 101.16 (6) Exemption. This section shall does not apply to railroads engaged
10in interstate commerce or to equipment used by them.
AB515-ASA1, s. 31 11Section 31. 101.19 (1) (L) of the statutes is created to read:
AB515-ASA1,11,1312 101.19 (1) (L) Issuing licenses to retail suppliers of liquefied petroleum gas
13under s. 101.16 (3g), except as provided in sub. (1m).
AB515-ASA1, s. 32 14Section 32. 101.19 (1m) of the statutes is created to read:
AB515-ASA1,11,1715 101.19 (1m) The department shall collect an annual fee of $20 for issuing a
16license under s. 101.16 (3g) to a retail supplier who only fills department of
17transportation cylinders.
AB515-ASA1, s. 33 18Section 33. 182.0175 (1) (bv) of the statutes is created to read:
AB515-ASA1,11,2219 182.0175 (1) (bv) "Private transmission facilities" means transmission
20facilities that are owned by a person, other than a governmental unit, and that are
21located on private property owned or leased by that person and that do not cross a
22public right-of-way.
AB515-ASA1, s. 34 23Section 34. 182.0175 (1) (c) (intro.) of the statutes is renumbered 182.0175 (1)
24(c) and amended to read:
AB515-ASA1,12,7
1182.0175 (1) (c) "Transmission facilities" includes all pipes, pipelines, wires,
2cables, ducts, wirelines and associated facilities, whether underground or
3aboveground, regardless of the nature of their transmittants or of their in-service
4application. The term includes, but is not restricted to, utility facilities,
5government-owned facilities, facilities transporting hazardous materials,
6communications and data facilities, drainage and water facilities and sewer systems.
7The term does not include any of the following: culverts.
AB515-ASA1, s. 35 8Section 35. 182.0175 (1) (c) 1. of the statutes is repealed.
AB515-ASA1, s. 36 9Section 36. 182.0175 (1) (c) 2. of the statutes is repealed.
AB515-ASA1, s. 37 10Section 37. 182.0175 (1m) (a) of the statutes is amended to read:
AB515-ASA1,12,1811 182.0175 (1m) (a) Statewide system. Transmission facilities owners Owners
12of transmission facilities, other than private transmission facilities,
shall establish
13or designate a nonprofit organization governed by a board of directors as the operator
14of a one-call system and shall be members of the system. The one-call system shall
15be a statewide communication system in which a single operational center receives
16excavation notices and transmits notice information to affected-member
17transmission facilities owners. Owners of private transmission facilities may be
18members.
AB515-ASA1, s. 38 19Section 38. 182.0175 (1m) (b) of the statutes is repealed.
AB515-ASA1, s. 39 20Section 39. 182.0175 (1m) (bm) of the statutes is amended to read:
AB515-ASA1,13,821 182.0175 (1m) (bm) Membership fees. Members A member may be assessed
22an initial start-up fee equal to the system's costs in adding the member to the
23one-call system, except that any initial start-up fee may not exceed $100 for a
24member whose transmission facilities serve less than 5,000 customers. For purposes
25of assessing the initial start-up fee, affiliated transmission facilities owners shall be

1considered a single member. Under this paragraph, a transmission facilities owner
2is affiliated with another transmission facilities owner if the transmission facilities
3owner, directly, or indirectly through one or more intermediaries, controls, is
4controlled by, or is under common control with, the other transmission facilities
5owner. Members shall also be assessed a fee per notice of intended excavation
6activity. Membership in the one-call system ceases if a fee assessed under this
7paragraph is more than 90 days past due. A transmission facilities owner may be
8reinstated as a member upon payment of the amount past due.
AB515-ASA1, s. 40 9Section 40. 182.0175 (1m) (d) 4m. of the statutes is created to read:
AB515-ASA1,13,1110 182.0175 (1m) (d) 4m. Disclose to persons providing notice that the one-call
11system does not include private transmission facilities as required under par. (e) 1.
AB515-ASA1, s. 41 12Section 41. 182.0175 (1m) (d) 5. of the statutes is amended to read:
AB515-ASA1,13,1513 182.0175 (1m) (d) 5. Inform the person providing notice of the names of
14affected-member transmission facilities owners who will receive the notice
15information.
AB515-ASA1, s. 42 16Section 42. 182.0175 (1m) (e) of the statutes is created to read:
AB515-ASA1,13,2517 182.0175 (1m) (e) Information system. 1. The operator of the one-call system
18shall ensure, through information distributed to the public by phone, Internet, or
19printed materials, that a person providing notice on intended excavation activity is
20informed that private transmission facilities are not subject to the one-call system
21and that the person providing notice is referred to other entities to be contacted by
22the person for determining the location of private transmission facilities. In
23providing this information, the operator shall specifically use the term "propane" in
24describing the type of private transmission facilities that are not subject to the
25one-call system.
AB515-ASA1,14,3
12. The department of commerce may promulgate a rule that requires retail
2suppliers, as defined in s. 101.16 (1) (d), of propane to inform their customers each
3year of the obligation of owners of transmission facilities under this section.
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