While most solid waste legislation saw little action in December, there was the introduction of companion solid waste bills on open burning and tire storage and disposal and these issues may move quickly through the Legislature, with a hearing scheduled on the Senate version the first day that the Legislature is in session in 2006. A floor session of the Legislature from January 17th to February 2nd will inhibit much committee action during that time period.

On the rule front, the revisions to the hazardous waste rule have been approved by the Natural Resources Board and sent to the Legislature, while the proposed rule for organic stability has been posted on the Internet and is expected to go to the Natural Resources Board for public hearing approval early this year.

Current legislation

To start off the new year, this update provides a listing of all solid waste bills currently in the Legislature.

Over 1,400 bills have been posted on the web page of the Wisconsin Legislature, with 907 introduced in the Assembly and 497 in the Senate. Fourteen of them cover solid waste topics, with three having been adopted into law - two identical bills on manufactured housing (and a provision on recycling these structures) and the budget bill.

AB 34 would prohibit the disposal of dredged material that contains polychlorinated biphenyls (PCBs) in solid waste disposal facilities. It is two pages long and has 8 Representatives and 3 Senators as sponsors. Referred to the Committee on Natural Resources, a hearing was held on May 11, 2005. Sixteen groups have registered as lobbying on this bill; four are against it, one is in favor, six are undecided or have some reservations, and five have not disclosed their positions.

AB 607 would ban the sale of plastic containers in the state unless the container consists of at least 10 percent postconsumer waste beginning in 2006, at least 20 percent postconsumer waste beginning in 2008, and at least 25 percent postconsumer waste beginning in 2010, with certain exemptions. There are 10 Assembly sponsors and 3 Senate sponsors. It has been referred to the Committee on Small Business, which held a public hearing on September 6, 2005. Eight organizations have lobbied on the bill, with two environmental groups in support and six industry groups opposed.

AB 609 relates to the management of tissue and carcasses from CWD deer and in part allows DNR and the Department of Agriculture, Trade and Consumer Protection to enter into agreements with persons who own or operate landfills, meat processing facilities, or wastewater treatment facilities to indemnify them for damages resulting from processing or disposal of cervids that have chronic wasting disease. It is ten pages long and was referred to the Committee on Natural Resources. It was recommended for passage by the Committee on a 12-0 vote and has been referred to the Joint Committee on Finance. No lobbying has been registered against the bill, but three groups have indicated support for the legislation.

AB 716 relates to transportation of bulk materials, including the spilling of waste materials on or along highways. Introduced on October 3, 2005, and referred to Committee on Highway Safety. A public hearing was held on December 7, 2005. Six organizations have registered on this bill, with three in opposition, one in favor and two either undecided or with reservations.

AB 721 would prohibit 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 October 3, 2005 and referred to the Committee on Education, with 8 sponsors in the Assembly and 3 in the Senate. Four groups have lobbied on this bill - three in favor and one either undecided or with reservations.

AB 798 (and SB 475) would increase the state recycling surcharge on landfilled waste from $3 a ton to $10 a ton and increase state recycling financial cost-sharing by $48 million a year. It was introduced on October 31, 2005 with 11 Assembly sponsors and 4 Senate co-sponsors and referred to the Committee on Natural Resources. Ten groups have registered as lobbying on this bill - two against, one undecided or with reservations, one that has not declared their position, and six in favor. An amendment offered on November 14, 2005 would use 30% of the recycling fund to provide property tax credits at the town, village and city level, proportioned by total municipal assessments. Following that amendment, another Representative has signed on as co-sponsor.

AB 878 is identical to SB 470 authorizes DNR and local law enforcement officials to issue citations for violations of laws or licenses regulating the open burning of solid waste and authorizes DNR to issue a citation to a person who operates a solid waste facility at which waste tires are stored, treated, or disposed of without a license or in violation of an approved plan of operation. There does not appear to be any changes in the definition of what can and what cannot be open burned. Introduced on December 9, 2005 with nine Assembly sponsors and one Senate co-sponsor and referred to the Committee on Natural Resources. One group has registered as lobbying on this bill, with the position either undecided or with reservations.

SB 81 creates sales and use tax exemptions for the sale of a renewable resource and for the sale of any item of tangible personal property that uses a renewable resource, including landfill gases. Three pages long, it has 3 Senators and 5 Representatives as sponsors and has been referred to the Joint Survey Committee on Tax Exemptions. A hearing has not yet been held on this bill. Three groups have registered as lobbying on the bill, with one in support and two without defining their position.

SB 367 is a 21 page bill that would require manufacturers to set up programs for the recycling of computers and other electronic equipment and ban the landfilling of computer equipment, TVs and other materials. It was introduced on October 6, 2005 with 19 sponsors and co-sponsors and referred to the Committee on Natural Resources and Transportation. Nine groups are registered as lobbying on this bill - two are in favor, four have not disclosed their position, two is either undecided or has reservations and one is against the bill.

SB 470 is identical to AB 878 and authorizes DNR and local law enforcement officials to issue citations for violations of laws or licenses regulating the open burning of solid waste and authorizes DNR to issue a citation to a person who operates a solid waste facility at which waste tires are stored, treated, or disposed of without a license or in violation of an approved plan of operation. There does not appear to be any changes in the definition of what can and what cannot be open burned. It was introduced on December 9, 2005 with one Senate sponsor and 9 Assembly co-sponsors and referred to the Committee on Veterans, Homeland Security, Military Affairs, Small Business and Government Reform. No lobbying has been reported on this bill. A hearing was scheduled for Tuesday, January 3, 2006.

SB 475 is identical to AB 798, raising the state recycling surcharge at landfills to $10 a ton and increasing the annual support to local recycling programs by $48 million a year. Sponsored by 4 Senators and 16 Representatives, it was introduced on December 15, 2005 and referred to the Committee on Natural Resources and Transportation. Three groups have lobbied on the bill with one against and two not stating their positions.

In addition to these solid waste-related bills, SB 325 calls for improvements in indoor environmental quality at schools, which could include issues related to toxic or hazardous materials in products and possibly other solid waste topics. Introduced on September 9, 2005 with 8 Senate and 23 Assembly co-sponsors, it was referred to the Committee on Housing and Financial Institutions, which recommended passage on a 6-1 vote. It has since been refereed to the Joint Committee on Finance. Fourteen groups have lobbied on the bill, six in support, one with undisclosed positions and seven either undecided or with reservations.

Agency recommended legislation

In response to a legislative requirement from the last session, the Department of Commerce committee on used oil filters and absorbents has recommended to the Legislature and the Governor a phased-in, escalating goal for the collection and recycling of these two products. The recommendations call for landfill bans if the goals are not met. No known action has occurred in either the Assembly or the Senate.

Rules revisions

Current active rule revisions in the solid waste field include organic stability for landfills, and hazardous waste regulations.

As part of the NR 500 revisions for landfill design and operation, a requirement was included for organic stability. The rule requires new and expanded landfills to include plans for the stabilization of biodegradable organics. The plans are to be submitted by January 1, 2007 and a DNR advisory workgroup is developing strategies for fulfilling this requirement. The issue statement, minutes of this workgroup and proposed rule are posted at http://dnr.wi.gov/org/aw/wm/solid/landfill/stability/index.htm. Also included on this site is a list of alternative strategies reviewed by the workgroup to help achieve organic stability. It is expected that approval will be sought from the Natural Resources Board within the next two months for approval for public hearings.

More recently, a comprehensive (1000+ pages) revision of the hazardous waste regulations has been developed by DNR and approved for public hearings by the DNR Board. Public hearings were held in mid-May, with written comments accepted until May 31, 2005. Information on the rules can be found at http://dnr.wi.gov/org/aw/wm/hazard/proprules/indexnew.htm. The public comments and DNR's responses are on the Internet. The Green Sheet package went to the DNR Board at its December meeting, where it was approved. Clearinghouse Rule 05-032 - which incorporates these changes - is scheduled for a hearing in the Senate Natural Resources and Transportation Committee on Thursday, January 5, 2006.

Governor's Blue Ribbon Task Force

The Blue Ribbon Task Force held its second meeting of public input in Eau Claire in the fall and had initial meetings of its three workgroups. The next meeting will be held in Madison on January 11th, with the February meeting scheduled for 22nd, at a location yet to be specified. A web page of the Task Force's membership and meeting materials is available at http://www.wasteresources.wi.gov.

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