Over 970 bills have been introduced into the Wisconsin Legislature, and fourteen of these cover solid waste issues. Of these, one bill and its companion (SB 122/AB 142) have been adopted into law, with hearings and votes held on several of the other bills. Two of the bills (AB 76/SB 29) deal with raising the landfill surcharge related to recycling, which was covered in the state budget, and will presumably not be acted upon further, and so they are not covered in this update.

While several of the bills have been languishing for several months, AB 560 on the sale and purchase of scrap metal has attracted a lot of attention – with 25 groups lobbying on it. A new bill on mercury-containing products and an upcoming bill on electronics could also attract a lot of attention. The last regular floor session of the Legislature ends on March 13, 2008, so the calendar is already looming as an important limiting factor.

Current bills
AB 40 would prohibit the operator of a solid waste disposal facility from accepting dredged materials for disposal if the dredged materials contain PCBs. The prohibition takes effect on January 1, 2009, or on the date on which local approvals have been issued for a facility for the vitrification of sediments in Brown County, Outagamie County, or Winnebago County if that date is before January 1, 2009. (Vitrification is the conversion of something into glass or a glassy substance using heat.) With 4 Assembly and 2 Senate sponsors, it was introduced on January 30, 2007 and referred to the Committee on Natural Resources. Nine groups report lobbying on this bill – Outagamie County registers support, while one county and six business and environmental groups are in opposition. One business group doesn’t indicate its position.

AB 266 allows landfill owners to invest in the obligations of federal agencies for their financial responsibilities. A hearing was held on April 25th in the Committee on Natural Resources. An amendment was adopted unanimously and the bill was unanimously recommended for adoption and sent to the Committee on Rules on June 14, 2007. Three groups have registered as lobbying on this bill, with one in favor, one undecided and one not revealing its position. It was adopted by the Assembly on October 24th and sent to the Senate, where it was referred to the Committee on Environment and Natural Resources.

AB 333 would prohibit DNR from requiring that ash resulting from the burning of a structure for practice or instruction of fire fighters or the testing of fire fighting equipment be disposed of in a landfill licensed by DNR. It was introduced on May 15, 2007 and referred to the Committee on Natural Resources. A public hearing was held on September 12th – no groups have reported lobbying on this bill.

AB 429/SB 225 would regulate the sale and purchase of scrap metal as an effort to control the commerce of stolen metal products, including grave markers. Introduced in the Assembly with five sponsors and co-sponsors on July 3, 2007, it was referred to the Committee on Labor and Industry. The Senate bill – with 2 sponsors – was also introduced on July 3, 2007 and it was referred to the Committee on Small Business, Emergency Preparedness, Workforce Development, Technical Colleges and Consumer Protection. Ten organizations have lobbied on this bill, with one in favor, four not giving a position and five either undecided or with reservations. A public hearing was held on the Senate bill on October 24, 2007. It appears that these bills have been superseded by AB 560.

AB 546/SB 284 are nine pages long and would provide DNR with citation powers for open burning and the storage of scrap tires without a license or in violation of an approved plan of operation. Introduced in mid-October, the Assembly version was referred to the Committee on Natural Resources and the Senate version has been sent to the Committee on Environment and Natural Resources. Two solid waste firms and a public interest group have registered as lobbying in favor of this legislation.

AB 560 regulates the purchase and sale of scrap metal and other metal items and the determination of property value of scrap metal for a theft conviction. It was introduced on October 30, 2007 and referred to the Committee on Energy and Utilities. Twenty five organizations have registered as lobbying for this legislation, with one having an undecided position and the remaining all in favor of the bill.

AB 588 increases the fine for littering from the current level of $500 to $1,000. Introduced on November 27, 2007, it was referred to the Committee on Natural Resources. No groups are registered as lobbying on this bill.

SB 346 would restrict the sales of specific products with mercury in them; however, the text of the bill is not yet on the Internet. Introduced on December 3, 2007, it was referred to the Committee on Small Business, Emergency Preparedness, Workforce Development, Technical Colleges and Consumer Protection. On December 5, 2007, it was withdrawn from that committee and sent to the Committee on Environment and Natural Resources. Two groups have lobbied on this bill; the Wisconsin League of Women Voters in favor and Wisconsin Manufacturers & Commerce with an undisclosed position.

Proposed Bills
Senator Mark Miller is developing a comprehensive electronics recovery bill, similar to what he has introduced in past sessions, with modifications based on similar legislation recently adopted in Minnesota. On December 10th, the bill was routed to other legislators to see if they would like to be co-sponsors, with a deadline of Friday, December 14th. It is expected that this bill will be introduced in December. A companion bill in the Assembly is expected by Senator Miller, which would increase the chances of adoption this session. A newspaper article about this proposed legislation can be found in the Wisconsin State Journal at http://www.madison.com/wsj/topstories/260079.

State legislation can be found on the Internet at http://www.legis.state.wi.us/; information on the lobbying efforts is reported at http://ethics.state.wi.us/LobbyingRegistrationReports/LobbyingOverview.htm.

For questions regarding legislation, please contact John Reindl at Reindl@co.dane.wi.us

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