LRBs0108/1
ZDW:cjs
2023 - 2024 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 339
September 21, 2023 - Offered by Representative Snyder.
AB339-ASA1,1,2
1An Act to create 101.02 (1r) and 101.02 (7m) of the statutes;
relating to:
2building code restrictions on the use of certain refrigerants.
Analysis by the Legislative Reference Bureau
Current law requires the Department of Safety and Professional Services to
promulgate rules establishing standards for the construction of certain types of
buildings (commonly known as “building codes”). Current law also provides that the
powers of DSPS do not deprive local units of government of their power or jurisdiction
over any place of employment or public building.
Current federal law provides that, to the extent practicable, certain
ozone-depleting substances must be replaced by chemicals, product substitutes, or
alternative manufacturing processes that reduce risks to human health and the
environment. The U.S. Environmental Protection Agency is required to promulgate
administrative rules identifying acceptable alternatives to these ozone-depleting
substances.
This bill prohibits DSPS from promulgating any rule establishing building
codes that prohibit or limit the use of a refrigerant that the EPA has designated as
acceptable for use. The bill also prohibits counties, cities, villages, and towns from
enacting or enforcing any ordinance establishing building codes that prohibit or limit
the use of a refrigerant that the EPA has designated as acceptable for use.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB339-ASA1,1
1Section
1. 101.02 (1r) of the statutes is created to read:
AB339-ASA1,2,72
101.02
(1r) Notwithstanding sub. (1) (b), the department may not promulgate
3or enforce a rule establishing building codes that prohibit or otherwise limit the use
4of a refrigerant designated as acceptable for use pursuant to
42 USC 7671k, provided
5that any equipment containing the refrigerant is listed and installed in accordance
6with safety standards and use conditions imposed pursuant to the designation of the
7refrigerant as acceptable for use.
AB339-ASA1,2
8Section
2. 101.02 (7m) of the statutes is created to read:
AB339-ASA1,2,149
101.02
(7m) Notwithstanding sub. (7) (a), no county, city, village, or town may
10enact or enforce an ordinance establishing building codes that prohibit or otherwise
11limit the use of a refrigerant designated as acceptable for use pursuant to
42 USC
127671k, provided that any equipment containing the refrigerant is listed and installed
13in accordance with safety standards and use conditions imposed pursuant to the
14designation of the refrigerant as acceptable for use.
