Legislative Update
February 2008

by John Reindl, reindl@co.dane.wi.us
Dane County Recycling Manager

The biennial session of the Legislature is rapidly coming to an end, with the last regular floor session of the Legislature from February 19th to March 13th. The likelihood of a bill being adopted is slim unless it already had a hearing and executive action in one house, or has been introduced in both houses with a hearing scheduled in the near future.

Over 1,200 bills have been introduced into the Wisconsin Legislature, and eighteen of these cover solid waste issues, with the following fourteen being active. Based on the limited time left in the Legislative schedule and the status of these bills, it appears that only a few measures have much chance of adoption by both houses.

AB 40 would prohibit the operator of a solid waste disposal facility from accepting dredged materials for disposal if the dredged materials contain PCBs. It was introduced on January 30, 2007 and referred to the Committee on Natural Resources, where there has been no action. 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 25, 2007 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 24, 2007 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 and the committee recommended adoption on a 12-2 vote, after which it was referred to the Committee on Rules on January 7, 2008. 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, with two substitute amendments offered. 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. A hearing was held on the Senate bill on December 18th, and an amendment was offered, but no further action has been taken. Nine groups have lobbied in favor of this legislation – four public interest and environmental groups, three solid waste industries groups, and the Wisconsin Counties Association. Several lobbyists have remarked that this legislation has no chance of passage, with one noting the concern of legislators of the prospect of “giving grandma a ticket”.

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. A hearing was held on December 18th, but no further action has been taken. Thirty four organizations have registered as lobbying for this legislation, with one not revealing its position, 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. The Wisconsin Wildlife Federation has registered as lobbying in favor of this bill.

AB 706 relates to brownfield cleanup and grants specific authority to local units of government, including cities, villages, towns, counties, metropolitan sewerage districts, and town sanitary districts, to issue municipal obligations in anticipation of receiving proceeds from brownfields revolving loan program loans or grants. It was introduced on January 18, 2008 and referred to the Committee on Natural Resources, which held a hearing on January 30, 2008. The League of Wisconsin Municipalities has registered as lobbying for this bill.

AB 715 prohibits a public, private, or charter school from purchasing, storing, or using free-flowing elemental mercury for any purpose, or from purchasing, storing, or using an instrument containing mercury unless no reasonably acceptable, mercury−free alternative exists. In the latter case, only an instrument that contains the lowest mercury content available may be used. Introduced on January 22, 2008, it was referred to the Committee on Education. Two groups are reported to be lobbying on this bill, both in support.

SB 346 would restrict the sales of specific products with mercury in them. 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. Eight groups have lobbied on this bill; four environmental/citizen groups and a county in favor, and the Wisconsin Hospital Association and Wisconsin Manufacturers & Commerce with undisclosed positions and the Wisconsin Dental Association and the Wisconsin Merchants Federation with an undecided position. A hearing was held January 29, 2008.

SB 397 would require manufacturers of specific electronic products to set up recycling programs for them and ban specific products from being disposed of in landfills. Introduced on January 17, 2008, a hearing has been scheduled in the Senate Environment and Natural Resources Committee on January 24, 2008. A substitute amendment is said to be under development, with introduction to take place in both houses. Fourteen groups have reported lobbying on this bill – two against, ten in favor, one with an undisclosed position, and one with an undecided position.

SB 451 prohibits a person who is engaged in the retail sale of goods for personal, family, or household use from providing a plastic bag for a customer’s purchases unless the bag is compostable or reusable. It was introduced on February 4, 2008 and referred to the Committee on Environment and Natural Resources. Wisconsin Manufacturers & Commerce has reported lobbying against this bill.

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.

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