Wisconsin 2019-2020 Regular Session Status: In Committee 1 R cosponsors

SB 670 — Relating to: exempting certain waste-to-energy facilities from tipping fees. (FE)

Last action — Failed to pass pursuant to Senate Joint Resolution 1

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2019-2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

163 added · 33 removed

Plain-language change summary

The amendment to Senate Bill 670 updates the requirements for certain waste-to-energy facilities to be exempt from tipping fees. It clarifies that these facilities must operate as municipal solid waste combustors and submit detailed reports on the weight of materials received, rejected, and the residue produced. This change is important because it ensures better tracking and accountability of waste handling processes, potentially leading to improved environmental outcomes and regulatory compliance.

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- 2020 LEGISLATURE LRBa0887/1 MCP:cdc SENATE AMENDMENT 1, TO SENATE BILL 670 January 17, 2020 - Offered by SenatorsEWLEY and TIFFAN.
- 2020 LEGISLATURE LRB-5188/1 MCP:amn SENATE BILL 670 January 8, 2020 - Introduced by Senators B EWLEY , TIFFANY and J ACQUE , cosponsored by Representatives Q UINN , BILLING, KRUG , MILROY, DOYLE , TUSLER and BOWEN .
At the locations indicated, amend the bill as follows:
Referred to Committee on Natural Resources and Energy.
A N A CT to amend 289.63 (6) (d) 1.
(intro.), 289.63 (6) (d) 2.
a., 289.63 (6) (d) 2.
b., 289.63 (6) (d) 3.
a., 289.64 (4) (d) 1.
(intro.), 289.64 (4) (d) 2.
a., 289.64 (4) (d) 2.
b., 289.64 (4) (d) 3.
a., 289.645 (4) (h) 1.
(intro.), 289.645 (4) (h) 2.
a., 289.645 (4) (h) 2.
b., 289.645 (4) (h) 3.
a., 289.67 (1) (fj) 1.
(intro.), 289.67 (1) (fj) 2.
a., 289.67 (1) (fj) 2.
b.
and 289.67 (1) (fj) 3.
a.;
and to create 289.63 (6) (d) 1.
c., 289.64 (4) (d) 1.
c., 289.645 (4) (h) 1.
c.
and 289.67 (1) (fj) 1.
c.
of the statutes;
relating to:
exempting certain waste-to-energy facilities from tipping fees.
Analysis by the Legislative Reference Bureau Current law imposes several fees, commonly called tipping fees, on generators of solid waste that is disposed of at a landfill or other waste disposal facility.
Under current law, a facility that recycles construction, demolition, and remodeling materials is exempt from these tipping fees, in an amount equal to the weight of residue generated by the recycling process or 30 percent of the total weight of material accepted by the recycling facility, whichever is less.
To be eligible for this exemption, the facility must be licensed as a solid waste processing facility;
the facility's plan of operation must require reporting of the materials processed, recycled, and discarded;
and the facility must be in compliance with its plan of operation.
This bill creates the same exemption, with the same eligibility requirements, for existing facilities that incinerate solid waste for the purpose of energy recovery, - 2020 Legislature - 2 - LRB-5188/1 MCP:amn SENATE BILL 670 commonly called waste-to-energy facilities.
The exemption does not apply to ash residue generated at these facilities.
The bill also makes a terminology change, referring to facilities exempt from the tipping fee as “qualified facilities” instead of “qualified materials recovery facilities.” 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:
S ECTION 1.
289.63 (6) (d) 1.
Show all 232 changed rows (192 more)
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Latest
(intro.) of the statutes is amended to read:
289.63 (6) (d) 1.
(intro.) In this paragraph, “qualified materials recovery facility" means one of the following:
S ECTION 2.
289.63 (6) (d) 1.
c.
of the statutes is created to read:
289.63(6) (d) 1.
c.
A facility that is in operation on the effective date of this subd.
Page 2, line 7:
c.
delete the material beginning with “under this chapter" and ending with “residue," on line 10 and substitute “as a municipal solid waste combustor;
....
the approved plan of operation for the facility requires the reporting of the weight of material coming into the facility, the weight of material rejected by the facility and where it was sent, and the weight of residue produced and where it was sent;”.
[LRB inserts date], at which solid waste is incinerated for the purpose of energy recovery, if the facility is licensed under this chapter as a solid waste processing facility, the approved plan of operation for the facility requires the reporting of the volume or weight of materials processed, recycled, and discarded as residue, and the facility is in compliance with its approved plan of operation.
2.
S ECTION 3.
Page 3, line 16:
289.63 (6) (d) 2.
delete the material beginning with “under this chapter" and ending with “residue," on line 19 and substitute “as a municipal solid waste combustor;
a.
the approved plan of operation for the facility requires the reporting of the weight of material coming into the facility, the weight of material rejected by the facility and where it was sent, and the weight of residue produced and where it was sent;”.
of the statutes is amended to read:
LRBa0887/1 - 2020 Legislature - 2 - MCP:cdc 3.
289.63 (6) (d) 2.
Page 4, line 18:
a.
delete the material beginning with “under this chapter" and ending with “residue," on line 21 and substitute “as a municipal solid waste combustor;
For a qualified materials recovery facility described in subd.
the approved plan of operation for the facility requires the reporting of the weight of material coming into the facility, the weight of material rejected by the facility and where it was sent, and the weight of residue produced and where it was sent;”.
1.
4.
a., an amount equal to the weight of the residue generated by the qualified materials recovery facility or 10 percent of the total weight of material accepted by the qualified materials recovery facility, whichever is less.
Page 5, line 22:
S ECTION 4.
delete the material beginning with “under this chapter" and ending with “residue," on line 25 and substitute “as a municipal solid waste combustor;
289.63 (6) (d) 2.
the approved plan of operation for the facility requires the reporting of the weight of material coming into the facility, the weight of material rejected by the facility and where it was sent, and the weight of residue produced and where it was sent;”.
b.
of the statutes is amended to read:
289.63 (6) (d) 2.
b.
For a qualified materials recoverylity described in subd.
1.
b.
or c., an amount equal to the weight of the residue generated by the qualified LRB-5188/1 - 2020 Legislature - 3 - MCP:amn SECTION 4 SENATE BILL 670 materials recoveryacility or 30 percent of the total weight of material accepted by the qualified materials recovery facility, whichever is less.
This exemption does not apply to ash residue generated by a qualified facility described in subd.
1.
c.
SECTION 5.
289.63 (6) (d) 3.
a.
of the statutes is amended to read:
289.63 (6) (d) 3.
a.
The department may require an operator that claims the exemption under this paragraph to certify that the operator's facility satisfies the criteria in subd.
1.
a.
oror c.
and to report the weight of the residue for which the operator does not pay the groundwater and well compensation fees and any other information needed to determine eligibility for the exemption.
SECTION 6.
289.64 (4) (d) 1.
(intro.) of the statutes is amended to read:
289.64 (4) (d) 1.
(intro.) In this paragraph, “qualified materials recovery facility" means one of the following:
SECTION 7.
289.64 (4) (d) 1.
c.
of the statutes is created to read:
289.64(4) (d) 1.
c.
A facility that is in operation on the effective date of this subd.
1.
c.
....
[LRB inserts date], at which solid waste is incinerated for the purpose of energy recovery, if the facility is licensed under this chapter as a solid waste processing facility, the approved plan of operation for the facility requires the reporting of the volume or weight of materials processed, recycled, and discarded as residue, and the facility is in compliance with its approved plan of operation.
SECTION 8.
289.64 (4) (d) 2.
a.
of the statutes is amended to read:
289.64 (4) (d) 2.
a.
For a qualified materials recovery described in subd.
1.
a., an amount equal to the weight of the residue generated by the qualified materials recovery facility or 10 percent of the total weight of material accepted by the qualified materials recovery facility, whichever is less.
SECTION 9.
289.64 (4) (d) 2.
b.
of the statutes is amended to read:
- 2020 Legislature - 4 - LRB-5188/1 MCP:amn SENATE BILL 670 SECTION 9 289.64 (4) (d) 2.
b.
For a qualified materials recovery described in subd.
1.
b.
or c., an amount equal to the weight of the residue generated by the qualified materials recovery facility or 30 percent of the total weight of material accepted by the qualified materials recovery facility, whichever is less.
This exemption does not apply to ash residue generated by a qualified facility described in subd.
1.
c.
SECTION 10.
289.64 (4) (d) 3.
a.
of the statutes is amended to read:
289.64 (4) (d) 3.
a.
The department may require an operator that claims the exemption under this paragraph to certify that the operator's facility satisfies the criteria in subd.
1.
a.
oror c.
and to report the weight of the residue for which the operator does not pay the solid waste facility siting board fee and any other information needed to determine eligibility for the exemption.
SECTION 11.
289.645 (4) (h) 1.
(intro.) of the statutes is amended to read:
289.645 (4) (h) 1.
(intro.) In this paragraph, “qualified materials recovery facility" means one of the following:
SECTION 12.
289.645 (4) (h) 1.
c.
of the statutes is created to read:
289.645 (4) (h) 1.
c.
A facility that is in operation on the effective date of this subd.
1.
c.
....
[LRB inserts date], at which solid waste is incinerated for the purpose of energy recovery, if the facility is licensed under this chapter as a solid waste processing facility, the approved plan of operation for the facility requires the reporting of the volume or weight of materials processed, recycled, and discarded as residue, and the facility is in compliance with its approved plan of operation.
SECTION 13.
289.645 (4) (h) 2.
a.
of the statutes is amended to read:
289.645 (4) (h) 2.
a.
For a qualified materials recoverylity described in subd.
1.
a., an amount equal to the weight of the residue generated by the qualified LRB-5188/1 - 2020 Legislature - 5 - MCP:amn S ECTION 13 SENATE BILL 670 materials recoveryacility or 10 percent of the total weight of material accepted by the qualified materials recovery facility, whichever is less.
SECTION 14.
289.645 (4) (h) 2.
b.
of the statutes is amended to read:
289.645 (4) (h) 2.
b.
For a qualified materials recovery facility described in subd.
1.
b.
or c.n amount equal to the weight of the residue generated by the qualified materials recovery facility or 30 percent of the total weight of material accepted by the qualified materials recovery facility, whichever is lThis exemption does not apply to ash residue generated by a qualified facility described in subd.
1.
c.
SECTION 15.
289.645 (4) (h) 3.
a.
of the statutes is amended to read:
289.645 (4) (h) 3.
a.
The department may require an operator that claims the exemption under this paragraph to certify that the operator's facility satisfies the criteria in subd.
1.
a.
or, b., or c.
and to report the weight of the residue for which the operator does not pay the recycling fee and any other information needed to determine eligibility for the exemption.
SECTION 16.
289.67 (1) (fj) 1.
(intro.) of the statutes is amended to read:
289.67 (1) (fj) 1.
(intro.) In this paragraph, “qualified materials recovery facility" means one of the following:
SECTION 17.
289.67 (1) (fj) 1.
c.
of the statutes is created to read:
289.67(1) (fj) 1.
c.
A facility that is in operation on the effective date of this subd.
1.
c.
....
[LRB inserts date], at which solid waste is incinerated for the purpose of energy recovery, if the facility is licensed under this chapter as a solid waste processing facility, the approved plan of operation for the facility requires the reporting of the volume or weight of materials processed, recycled, and discarded as residue, and the facility is in compliance with its approved plan of operation.
- 2020 Legislature - 6 - LRB-5188/1 MCP:amn SENATE BILL 670 SECTION 18 SECTION 18.
289.67 (1) (fj) 2.
a.
of the statutes is amended to read:
289.67 (1) (fj) 2.
a.
For a qualified materials recoverydescribed in subd.
1.
a., an amount equal to the weight of the residue generated by the qualified materials recovery facility or 10 percent of the total weight of material accepted by the qualified materials recoveryility, whichever is less.
SECTION 19.
289.67 (1) (fj) 2.
b.
of the statutes is amended to read:
289.67 (1) (fj) 2.
b.
For a qualified materials recoverydescribed in subd.
1.
b.
or c., an amount equal to the weight of the residue generated by the qualified materials recoveryacility or 30 percent of the total weight of material accepted by the qualified materials recovery facility, whichever is less.
This exemption does not apply to ash residue generated by a qualified facility described in subd.
1.
c.
SECTION 20.
289.67 (1) (fj) 3.
a.
of the statutes is amended to read:
289.67 (1) (fj) 3.
a.
The department may require an operator that claims the exemption under this paragraph to certify that the operator's facility satisfies the criteria in subd.
1.
a.
oror c.
and to report the weight of the residue for which the operator does not pay the environmental repair fee and any other information needed to determine eligibility for the exemption.
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Action History

  1. Failed to pass pursuant to Senate Joint Resolution 1

  2. Representative Ohnstad added as a cosponsor

  3. Available for scheduling

  4. Report passage as amended recommended by Committee on Natural Resources and Energy, Ayes 5, Noes 0

  5. Report adoption of Senate Amendment 1 recommended by Committee on Natural Resources and Energy, Ayes 5, Noes 0

  6. Executive action taken

  7. Public hearing held

  8. Fiscal estimate received

  9. Fiscal estimate received

  10. Fiscal estimate received

  11. Senate Amendment 1 offered by Senators Bewley and Tiffany

  12. Read first time and referred to Committee on Natural Resources and Energy

  13. Introduced by Senators Bewley, Tiffany and Jacque; cosponsored by Representatives Quinn, Billings, Krug, Milroy, Doyle, Tusler and Bowen

Sponsors

Sponsorship breakdown

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3 sponsors · 0 co-sponsors · 129 not signed on

Sponsors (3)

Co-sponsors (0)

None.

Not signed on (129)

129 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

Who sponsors SB 670?
SB 670 is sponsored by Bewley, Tiffany, and Jacque, André (Republican).
What is the current status of SB 670?
This bill died with 2019-2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 670?
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