LRB-2665/1
MDK:sac:jm
2013 - 2014 LEGISLATURE
January 30, 2014 - Introduced by Senators Lazich,
Grothman and Hansen,
cosponsored by Representatives
Thiesfeldt, Sinicki, Knodl, Craig, Krug,
Bernier, Brooks and Wright. Referred to Energy, Consumer Protection, and
Government Reform.
SB536,1,3
1An Act to repeal 100.45 (5) (a) 2., 100.45 (5) (c) and 100.45 (5m); and
to amend
220.115 (1) (hm), 100.45 (3) (b) 2., 100.45 (3) (c) 4., 100.45 (4) (d) and 100.45 (4)
3(h) of the statutes;
relating to: the regulation of motor vehicle air conditioners.
Analysis by the Legislative Reference Bureau
Current state law imposes various requirements on the use of ozone-depleting
refrigerants (ODRs) in motor vehicle air conditioners, including prohibiting a person
from installing or servicing a motor vehicle air conditioner containing an ODR unless
the person holds an annual certification issued by the Department of Agriculture,
Trade and Consumer Protection (DATCP). Current state law also allows DATCP to
charge an applicant for annual certification a surcharge if DATCP determines that
the person violated the certification requirement prior to applying for certification.
In addition, current state law requires DATCP to promulgate rules establishing
qualifications for persons who use equipment for removing or recycling ODRs from
motor vehicle air conditioners. The qualifications may include training and
certification requirements. Also under current state law, a person may sell new or
reclaimed ODRs for use in motor vehicle air conditioners only to resellers and
persons holding annual certifications. Current state law also requires persons to
transfer unreclaimed ODRs that are removed from motor vehicle air conditioners to
either reclamation facilities recognized by DATCP or to persons holding annual
certifications.
Current federal law also regulates the use of ODRs, including prohibiting a
person from servicing a motor vehicle air conditioner unless the person is "properly
trained and certified," which is defined as training and certification in conformity
with standards established by the federal Environmental Protection Agency (EPA).
This bill eliminates DATCP's duty to promulgate rules establishing
qualifications for persons who use equipment for removing or recycling ODRs from
motor vehicle air conditioners. The bill also eliminates the requirement for DATCP
to issue the annual certifications described above. Instead, the bill prohibits a person
from servicing a motor vehicle air conditioner containing an ODR unless the person
is properly trained and certified as specified by the EPA. In addition, under the bill,
a person may sell ODRs for use in motor vehicle air conditioners only to resellers and
persons who are so properly trained and certified. Also, the bill allows persons to
transfer unreclaimed ODRs removed from motor vehicle air conditioners only to
DATCP-recognized reclamation facilities or to persons who are so properly trained
and certified.
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:
SB536,1
1Section
1. 20.115 (1) (hm) of the statutes is amended to read:
SB536,2,72
20.115
(1) (hm)
Ozone-depleting refrigerants and products regulation. The
3amounts in the schedule for administration of the mobile air conditioner servicing
4and refrigerant recycling programs and for responsibilities under ss. 100.45 and
5100.50 relating to sales and labeling of products containing or made with
6ozone-depleting substances. All moneys received from fees under s. 100.45 (5) (a)
73.
and (5m) shall be credited to this appropriation.
SB536,2
8Section
2. 100.45 (3) (b) 2. of the statutes is amended to read:
SB536,2,119
100.45
(3) (b) 2. A person who
holds an annual registration certificate under
10sub. (4) (h) is properly trained and certified as specified by the federal environmental
11protection agency under 42 USC 7671h.
SB536,3
12Section
3. 100.45 (3) (c) 4. of the statutes is amended to read:
SB536,3,313
100.45
(3) (c) 4. All of the recovered ozone-depleting refrigerant is conveyed in
14a safe and timely manner to a refrigerant reclamation facility that is recognized by
1the department or to a person who
holds an annual registration certificate under sub.
2(4) (h) for recycling and reuse or resale is properly trained and certified as specified
3by the federal environmental protection agency under 42 USC 7671h.
SB536,4
4Section
4. 100.45 (4) (d) of the statutes is amended to read:
SB536,3,75
100.45
(4) (d) The individuals who use the equipment under par. (c) have
the
6qualifications established under sub. (5) (a) 2. been properly trained and certified as
7specified by the federal environmental protection agency under 42 USC 7671h. SB536,5
8Section
5. 100.45 (4) (h) of the statutes is amended to read:
SB536,3,119
100.45
(4) (h) The person
holds an annual registration certificate from the
10department has been properly trained and certified as specified by the federal
11environmental protection agency under 42 USC 7671h.
SB536,6
12Section
6. 100.45 (5) (a) 2. of the statutes is repealed.
SB536,7
13Section
7. 100.45 (5) (c) of the statutes is repealed.
SB536,8
14Section
8. 100.45 (5m) of the statutes is repealed.
