100.60(2)(a)4.c.
c. Divide the federal biomass-based diesel volume by the amount determined under
subd. 4. b.
100.60(2)(a)5.
5. "Federal diesel-replacement renewable fuel volume" means the volume calculated as follows:
100.60(2)(a)5.a.
a. Subtract the sum of the federal cellulosic biofuel volume and the federal biomass-based diesel volume from the federal advanced biofuel volume.
100.60(2)(a)5.b.
b. Multiply the federal diesel-replacement renewable fuel percentage by the amount determined under
subd. 5. a.
100.60(2)(a)5.c.
c. Add the federal biomass-based diesel volume to the amount determined under
subd. 5. b.
100.60(2)(a)6.
6. "Federal gasoline-replacement renewable fuel volume" means the volume calculated by subtracting the federal diesel-replacement renewable fuel volume from the federal renewable fuel volume.
100.60(2)(a)7.
7. "Federal renewable fuel volume" means the volume for the year listed in
42 USC 7545 (o) (2) (B) (i) (I) or determined by the federal environmental protection agency under
42 USC 7545 (o) (2) (B) (ii) for renewable fuel, except as provided under
par. (d).
100.60(2)(a)8.
8. "State percentage of motor vehicle fuel sold nationally" for a year means the number calculated as follows:
100.60(2)(a)8.a.
a. For each of the 3 years that preceded the year, divide the total volume of motor vehicle fuel sold in this state by the total volume of motor vehicle fuel sold nationally. If complete information for the most recent year is unavailable, the department may estimate sales for that year.
100.60(2)(a)9.
9. "Year" means the year for which the gasoline-replacement renewable fuel goal or diesel-replacement renewable fuel goal is being determined.
100.60(2)(b)
(b)
Gasoline-replacement renewable fuels sales volume. The state goal for the minimum annual volume of gasoline-replacement renewable fuels sold in motor vehicle fuel in the state for a year is an amount calculated as follows:
100.60(2)(b)1.
1. Multiply the federal gasoline-replacement renewable fuel volume for the year by 1.1.
100.60(2)(b)2.
2. Multiply the amount determined under
subd. 1. by the state percentage of motor vehicle fuel sold nationally for the year.
100.60(2)(c)
(c)
Diesel-replacement renewable fuels sales volume. The state goal for the minimum annual volume of diesel-replacement renewable fuels sold in motor vehicle fuel in the state for a year is an amount calculated as follows:
100.60(2)(c)1.
1. Multiply the federal diesel-replacement renewable fuel volume for the year by 1.1.
100.60(2)(c)2.
2. Multiply the amount determined under
subd. 1. by the state percentage of motor vehicle fuel sold nationally for the year.
100.60(2)(d)1.1. The department shall adjust a volume specified in
par. (a) 1.,
2.,
3., or
7., in accordance with any waiver to the volume granted by the federal environmental protection agency under
42 USC 7545 (o) (7).
100.60(2)(d)2.
2. The department shall adjust a volume specified in
par. (a) 1.,
2.,
3., or
7., by rule if the department determines that the regulations of the federal environmental protection agency adopted under
42 USC 7545 (o), other than
42 USC 7545 (o) (7), result in the actual volume of one of these types of fuel that is required to be sold under
42 USC 7545 (o) differing from the corresponding volume specified under
par. (a) 1.,
2.,
3., or
7.
100.60(3)(a)(a) Annually, beginning in 2011, the department, in cooperation with and with assistance from the department of safety and professional services and the department of revenue, shall determine whether the annual goals for sales of renewable fuels in
sub. (2) (b) and
(c), for the previous year, were met in the state in that year.
100.60(3)(b)
(b) The department may not include sales of gasoline-replacement renewable fuel or diesel-replacement renewable fuel in making the determination under
par. (a) unless the fuel meets or exceeds applicable requirements for greenhouse gas emissions reduction under
42 USC 7545 (o) (1) (B) (i), (D), (E) or (2) (A) (i) or under
42 USC 7545 (o) (4).
100.60(4)(a)(a) Except as provided in
par. (b), if the department determines under
sub. (3) (a) that an annual goal for sales of renewable fuels in
sub. (2) (b) or
(c), was not met, the department shall assess the cause and report its findings to the governor and, under
s. 13.172 (3), to the standing committees of the legislature that oversee issues related to renewable fuel. The department shall include all of the following in the assessment:
100.60(4)(a)1.
1. A determination of whether renewable fuels are available in sufficient quantities and at prices comparable to the type of fuel that they replace, and if so, whether fluctuations in demand for renewable fuels are a cause of sales below the goal.
100.60(4)(a)2.
2. A determination of whether state or federal laws prevent or impede the sale of the renewable fuels in volumes that meet the goals in
sub. (2).
100.60(4)(a)3.
3. An assessment of the motor vehicle fuel production, distribution, and marketing systems in this state to determine how practices could be changed to increase the volume of renewable fuel sold in this state.
100.60(4)(a)4.
4. A determination of whether requirements for renewable fuel sales by individual refiners, wholesalers, suppliers, distributors, retailers, or any other persons involved in the production, distribution, or marketing of motor vehicle fuel, would likely result in sales of volumes of renewable fuels that meet the goals in
sub. (2).
100.60(4)(b)
(b) If the department determines under
sub. (3) (a) that an annual goal for sales of gasoline-replacement renewable fuels or diesel-replacement renewable fuels in
sub. (2) (b) or
(c), was not met in a year, the department has conducted an assessment under
par. (a) for a previous year for the same category of renewable fuels, and the department determines that another assessment for the same category of renewable fuels will not further the purposes of this section, an assessment and report to the governor and the legislature under
par. (a) are not required.
100.60(6)(a)(a) The department shall consult with the department of safety and professional services and the department of revenue to determine if information necessary to make a determination under
sub. (3) (a) or an assessment under
sub. (4) is being collected by these agencies under laws in effect on June 2, 2010. If the information is not being collected, the department may request the department of safety and professional services and the department of revenue to collect the information if collection by one of these agencies is more cost-effective for state government and less burdensome for the persons subject to the reporting requirements than collection of the information by the department.
100.60(6)(b)
(b) The department may require refiners, wholesalers, suppliers, distributors, retailers, or any other person involved in the production, distribution, or marketing of motor vehicle fuel to report information necessary to make a determination under
sub. (3) (a) or an assessment under
sub. (4).
100.60(6)(c)
(c) If the department requires the reporting of information under
par. (b), the department shall require the reporting of information relating to the feedstocks used to produce a renewable fuel sold in this state unless the department determines that this information is not reasonably available.
100.60(6)(d)
(d) The department of revenue may collect information requested by the department under
par. (a) in the reports under
s. 78.12 (1) to
(3).
100.60(7)
(7) Department of safety and professional services authority. 100.60(7)(a)(a) The department of safety and professional services may promulgate a rule designating a fuel that can substitute for petroleum-based diesel fuel, that is derived from a renewable resource, and that meets all of the applicable requirements of the American Society for Testing and Materials for that fuel as a diesel-replacement renewable fuel for the purposes of this section.
100.60(7)(b)
(b) The department of safety and professional services may promulgate a rule designating a fuel that can substitute for gasoline, that is derived from a renewable resource, and that meets all of the applicable requirements of the American Society for Testing and Materials for that fuel as a gasoline-replacement renewable fuel for the purposes of this section.
100.60(8)(b)(b) Any person who fails to provide to the department information required under
sub. (6) (b) shall forfeit not more than $1,000 for each violation.
100.60(8)(c)
(c) Each violation of a requirement to provide information under
sub. (6) (b) constitutes a separate offense, and each day of continued violation is a separate offense.
100.60(8)(d)1.1. In lieu of any other penalty under this subsection, the department may directly assess a forfeiture by issuing an order against any person who violates a requirement to provide information under
sub. (6) (b). The department may not assess a forfeiture exceeding $5,000 for each violation.
100.60(8)(d)2.
2. The department shall promulgate rules specifying the procedures governing the assessment of forfeitures under this paragraph including all of the following:
100.60(8)(d)2.a.
a. The procedure for issuing an order for an alleged violation.
100.60(8)(d)2.b.
b. The amount of a forfeiture that the department may assess for an alleged violation, subject to the limit in
subd. 1. and the considerations in
par. (e).
100.60(8)(d)2.c.
c. The procedure for contesting an order issued for an alleged violation.
100.60(8)(d)2.d.
d. The procedure for contesting the assessment of a forfeiture for an alleged violation.
100.60(8)(d)3.
3. The department shall remit all forfeitures paid under this paragraph to the secretary of administration for deposit in the school fund.
100.60(8)(d)4.
4. All forfeitures that are not paid as required under this paragraph shall accrue interest at the rate of 12 percent per year.
100.60(8)(d)5.
5. The attorney general may bring an action in the name of the state to collect any forfeiture imposed, or interest accrued, under this paragraph if the forfeiture or interest has not been paid after the exhaustion of all administrative and judicial reviews.
100.60(8)(e)
(e) A court imposing a forfeiture under
par. (b) or the department imposing a forfeiture under
par. (d) shall consider all of the following in determining the amount of the forfeiture:
100.60(8)(e)1.
1. The appropriateness of the amount of the forfeiture considering the volume of business of the person subject to the forfeiture.
100.60(8)(e)3.
3. Any good faith attempt to achieve compliance after the person receives notice of the violation.
100.60 History
History: 2009 a. 401;
2011 a. 32.
100.65
100.65
Residential contractors. 100.65(1)(a)
(a) "Consumer" means an owner or possessor of residential real estate.
100.65(1)(b)
(b) "Dwelling unit" means a structure or that part of a structure that is used or intended to be used for human habitation.
100.65(1)(c)
(c) "Promise to pay or rebate" includes granting any allowance or offering any discount against fees to be charged or paying a consumer any form of compensation, gift, prize, bonus, coupon, credit, referral fee, or any other item of monetary value.
100.65(1)(d)
(d) "Residential contractor" means a person who enters into a written or oral contract with a consumer to repair or replace a roof system or to perform any other exterior repair, replacement, construction, or reconstruction of residential real estate.
100.65(1)(e)
(e) "Residential real estate" means residential property containing a one-family or 2-family dwelling.
100.65(1)(f)
(f) "Roof system" includes roof coverings, roof sheathing, roof weatherproofing, and insulation.
100.65(2)
(2) No residential contractor may, including in any advertisement, promise to pay or rebate all or any portion of a property insurance deductible as an incentive to a consumer entering into a written or oral contract with the residential contractor to repair or replace a roof system or to perform any other exterior repair, replacement, construction, or reconstruction of residential real estate.
100.65(3)
(3) Before entering into a written contract with a consumer to repair or replace a roof system or to perform any other exterior repair, replacement, construction, or reconstruction of residential real estate, a residential contractor shall do all of the following:
100.65(3)(a)
(a) Furnish the consumer with a statement in boldface type of a minimum size of 10 point in substantially the following form:
Please indicate whether, to the best of your knowledge, the work contemplated by this contract is related to a claim under a property insurance policy:
.... YES, to the best of my knowledge, the work contemplated by this contract is related to a claim under a property insurance policy.
.... NO, to the best of my knowledge, the work contemplated by this contract is not related to a claim under a property insurance policy.
Date ....
Customer's signature ....
Residential contractor's signature ....
You may cancel this contract at any time before midnight on the third business day after you have received written notice from your insurer that the claim has been denied in whole or in part under the property insurance policy. See the attached notice of cancellation form for an explanation of this right.
100.65(3)(b)
(b) Furnish the consumer a completed form in duplicate that is attached to the contract, is easily detachable, and contains, in boldface type of a minimum size of 10 point, the following statement:
NOTICE OF CANCELLATION
If you are notified by your insurer that the claim under the property insurance policy has been denied in whole or in part, you may cancel the contract by personal delivery or by mailing by 1st class mail a signed and dated copy of this cancellation notice or other written notice to (name of contractor) at (contractor's business address) at any time before midnight on the third business day after you have received the notice from your insurer. If you cancel the contract, any payments made by you under the contract, except for certain emergency work already performed by the contractor, will be returned to you within 10 days following receipt by the contractor of your cancellation notice.
I CANCEL THIS CONTRACT
Date ....
Customer's signature ....
100.65(4)
(4) Before a consumer enters into a written contract with a residential contractor to repair or replace a roof system or to perform any other exterior repair, replacement, construction, or reconstruction of residential real estate, the consumer shall indicate to the residential contractor whether, to the best of the consumer's knowledge, the work contemplated by the contract is related to a claim under a property insurance policy. If the consumer makes the indication on the statement provided by the residential contractor under
sub. (3) (a), the residential contractor shall retain the statement and provide the consumer with a copy of the statement.
100.65(5)
(5) A consumer who enters into a written contract with a residential contractor to repair or replace a roof system or to perform any other exterior repair, replacement, construction, or reconstruction of residential real estate all or part of which is to be paid under a property insurance policy may cancel that contract prior to the end of the 3rd business day after the insured receives written notice from the insurer that the claim under the property insurance policy is denied in whole or in part. The consumer shall give the residential contractor written notice of cancellation by personal delivery of the notice or by 1st class mail to the residential contractor's address stated in the contract. If the notice is given by mail, the notice shall be postmarked before midnight of the 3rd business day after the insured receives written notice from the insurer of the denial of the claim. The notice shall be sufficient if the consumer uses the notice of cancellation form in
sub. (3) (b) or provides other written notice that indicates the consumer's intent not to be bound by the contract.
100.65(6)
(6) Within 10 days after a residential contractor receives a cancellation notice under
sub. (5), the residential contractor shall return to the consumer any payments made, any deposits made, and any note or other evidence of indebtedness related to the contract. However, if the residential contractor has performed any emergency services, acknowledged by the consumer in writing to be necessary to prevent damage to the residential real estate, the residential contractor shall be entitled to the reasonable value of those services.
100.65(7)
(7) Any provision in a written contract with a residential contractor to repair or replace a roof system or to perform any other exterior repair, replacement, construction, or reconstruction of residential real estate that requires the payment of any fee for anything except emergency services under
sub. (6) is not enforceable against the consumer who has cancelled the contract under
sub. (5).
100.65(8)
(8) No residential contractor may represent or offer or advertise to represent a consumer or negotiate or offer or advertise to negotiate on behalf of a consumer with respect to any insurance claim related to the repair or replacement of a roof system or to the exterior repair, replacement, construction, or reconstruction of residential real estate. This subsection does not prohibit a residential contractor, with the express consent of an insured, from doing any of the following:
100.65(8)(a)
(a) Discussing damage to the insured's property with the insured or an insurance company's representative.
100.65(8)(b)
(b) Providing the insured an estimate for repair, replacement, construction, or reconstruction of the insured's property, submitting the estimate to the insured's insurance company, and discussing options for the repair, replacement, construction, or reconstruction with the insured or an insurance company's representative.
100.65(9)
(9) Any person who violates this section shall forfeit not less than $500 nor more than $1,000 for each violation.
100.65 History
History: 2013 a. 24,
150.
