WasteCap Wisconsin

Wisconsin Solid Waste Legislative Update
November 13, 2007
by John Reindl, Reindl@co.dane.wi.us

With the Budget Bill now law, the Legislature is turning its attention to other issues. Nearly 900 bills have been introduced so far and twelve of these cover solid waste issues. Of these twelve, a bill and its companion have been adopted into law, with hearings and votes held on several of the other ten bills.

Adopted Legislation
The legislation adopted into law (SB122/AB142) deals with property tax exemptions being used by paper mills that use scrap paper for recycling. The Legislature removed this exemption in 2007 Wisconsin Act 19.

Current Legislation
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 30th 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 76 and SB 29 have 7 Senate and 18 Assembly sponsors and increase the recycling fee at landfills to $10 per ton on April 1, 2008. The bill also increases financial assistance to responsible units (RUs) by $48 million in fiscal year 2008−09. Under these bills, in 2009, each local governmental unit receives at least a 75 percent increase in financial assistance, even if the increased amount exceeds the eligible costs of its recycling program. Introduced on February 7th in the Senate and February 20th in the Senate, the bills were referred to their respective environment committees. Given the increase in landfill recycling surcharges in the Budget Bill, it is assumed that these bills will not see any further action.

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.

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 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. Eight organizations have registered as lobbying for this legislation, all in favor.

Proposed Bills
On April 5th, Senator Bob Jauch announced plans to introduce legislation to ban the use of mercury in some products. This legislation is being drafted in concert with legislators from other Great Lakes, and a draft has been circulated to other legislators, seeking co-sponsors, with a deadline of late November. A link to the news release can be found here.

Senator Mark Miller is said to be 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. The status of this potential legislation is not known.

State legislation can be found here. Information on the lobbying efforts is reported here.

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

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