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LRB-5084/1
MCP:amn
2019 - 2020 LEGISLATURE
January 8, 2020 - Introduced by Representatives Quinn, Billings, Krug, Milroy,
Doyle, Tusler and Bowen, cosponsored by Senators Bewley, Tiffany and
Jacque. Referred to Committee on Environment.
AB713,1,7 1An Act to amend 289.63 (6) (d) 1. (intro.), 289.63 (6) (d) 2. a., 289.63 (6) (d) 2. b.,
2289.63 (6) (d) 3. a., 289.64 (4) (d) 1. (intro.), 289.64 (4) (d) 2. a., 289.64 (4) (d) 2.
3b., 289.64 (4) (d) 3. a., 289.645 (4) (h) 1. (intro.), 289.645 (4) (h) 2. a., 289.645 (4)
4(h) 2. b., 289.645 (4) (h) 3. a., 289.67 (1) (fj) 1. (intro.), 289.67 (1) (fj) 2. a., 289.67
5(1) (fj) 2. b. and 289.67 (1) (fj) 3. a.; and to create 289.63 (6) (d) 1. c., 289.64 (4)
6(d) 1. c., 289.645 (4) (h) 1. c. and 289.67 (1) (fj) 1. c. of the statutes; relating to:
7exempting 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,

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:
AB713,1 1Section 1 . 289.63 (6) (d) 1. (intro.) of the statutes is amended to read:
AB713,2,32 289.63 (6) (d) 1. (intro.) In this paragraph, “qualified materials recovery
3facility" means one of the following:
AB713,2 4Section 2. 289.63 (6) (d) 1. c. of the statutes is created to read:
AB713,2,105 289.63 (6) (d) 1. c. A facility that is in operation on the effective date of this subd.
61. c. .... [LRB inserts date], at which solid waste is incinerated for the purpose of
7energy recovery, if the facility is licensed under this chapter as a solid waste
8processing facility, the approved plan of operation for the facility requires the
9reporting of the volume or weight of materials processed, recycled, and discarded as
10residue, and the facility is in compliance with its approved plan of operation.
AB713,3 11Section 3 . 289.63 (6) (d) 2. a. of the statutes is amended to read:
AB713,2,1512 289.63 (6) (d) 2. a. For a qualified materials recovery facility described in subd.
131. a., an amount equal to the weight of the residue generated by the qualified
14materials recovery facility or 10 percent of the total weight of material accepted by
15the qualified materials recovery facility, whichever is less.
AB713,4 16Section 4. 289.63 (6) (d) 2. b. of the statutes is amended to read:
AB713,3,317 289.63 (6) (d) 2. b. For a qualified materials recovery facility described in subd.
181. b. or c., an amount equal to the weight of the residue generated by the qualified

1materials recovery facility or 30 percent of the total weight of material accepted by
2the qualified materials recovery facility, whichever is less. This exemption does not
3apply to ash residue generated by a qualified facility described in subd. 1. c.
AB713,5 4Section 5. 289.63 (6) (d) 3. a. of the statutes is amended to read:
AB713,3,95 289.63 (6) (d) 3. a. The department may require an operator that claims the
6exemption under this paragraph to certify that the operator's facility satisfies the
7criteria in subd. 1. a. or, b. , or c. and to report the weight of the residue for which the
8operator does not pay the groundwater and well compensation fees and any other
9information needed to determine eligibility for the exemption.
AB713,6 10Section 6 . 289.64 (4) (d) 1. (intro.) of the statutes is amended to read:
AB713,3,1211 289.64 (4) (d) 1. (intro.) In this paragraph, “qualified materials recovery
12facility" means one of the following:
AB713,7 13Section 7. 289.64 (4) (d) 1. c. of the statutes is created to read:
AB713,3,1914 289.64 (4) (d) 1. c. A facility that is in operation on the effective date of this subd.
151. c. .... [LRB inserts date], at which solid waste is incinerated for the purpose of
16energy recovery, if the facility is licensed under this chapter as a solid waste
17processing facility, the approved plan of operation for the facility requires the
18reporting of the volume or weight of materials processed, recycled, and discarded as
19residue, and the facility is in compliance with its approved plan of operation.
AB713,8 20Section 8 . 289.64 (4) (d) 2. a. of the statutes is amended to read:
AB713,3,2421 289.64 (4) (d) 2. a. For a qualified materials recovery facility described in subd.
221. a., an amount equal to the weight of the residue generated by the qualified
23materials recovery facility or 10 percent of the total weight of material accepted by
24the qualified materials recovery facility, whichever is less.
AB713,9 25Section 9. 289.64 (4) (d) 2. b. of the statutes is amended to read:
AB713,4,5
1289.64 (4) (d) 2. b. For a qualified materials recovery facility described in subd.
21. b. or c., an amount equal to the weight of the residue generated by the qualified
3materials recovery facility or 30 percent of the total weight of material accepted by
4the qualified materials recovery facility, whichever is less. This exemption does not
5apply to ash residue generated by a qualified facility described in subd. 1. c.
AB713,10 6Section 10. 289.64 (4) (d) 3. a. of the statutes is amended to read:
AB713,4,117 289.64 (4) (d) 3. a. The department may require an operator that claims the
8exemption under this paragraph to certify that the operator's facility satisfies the
9criteria in subd. 1. a. or, b. , or c. and to report the weight of the residue for which the
10operator does not pay the solid waste facility siting board fee and any other
11information needed to determine eligibility for the exemption.
AB713,11 12Section 11 . 289.645 (4) (h) 1. (intro.) of the statutes is amended to read:
AB713,4,1413 289.645 (4) (h) 1. (intro.) In this paragraph, “qualified materials recovery
14facility" means one of the following:
AB713,12 15Section 12. 289.645 (4) (h) 1. c. of the statutes is created to read:
AB713,4,2116 289.645 (4) (h) 1. c. A facility that is in operation on the effective date of this
17subd. 1. c. .... [LRB inserts date], at which solid waste is incinerated for the purpose
18of energy recovery, if the facility is licensed under this chapter as a solid waste
19processing facility, the approved plan of operation for the facility requires the
20reporting of the volume or weight of materials processed, recycled, and discarded as
21residue, and the facility is in compliance with its approved plan of operation.
AB713,13 22Section 13 . 289.645 (4) (h) 2. a. of the statutes is amended to read:
AB713,5,223 289.645 (4) (h) 2. a. For a qualified materials recovery facility described in
24subd. 1. a., an amount equal to the weight of the residue generated by the qualified

1materials recovery facility or 10 percent of the total weight of material accepted by
2the qualified materials recovery facility, whichever is less.
AB713,14 3Section 14. 289.645 (4) (h) 2. b. of the statutes is amended to read:
AB713,5,94 289.645 (4) (h) 2. b. For a qualified materials recovery facility described in
5subd. 1. b. or c., an amount equal to the weight of the residue generated by the
6qualified materials recovery facility or 30 percent of the total weight of material
7accepted by the qualified materials recovery facility, whichever is less. This
8exemption does not apply to ash residue generated by a qualified facility described
9in subd. 1. c.
AB713,15 10Section 15. 289.645 (4) (h) 3. a. of the statutes is amended to read:
AB713,5,1511 289.645 (4) (h) 3. a. The department may require an operator that claims the
12exemption under this paragraph to certify that the operator's facility satisfies the
13criteria in subd. 1. a. or, b. , or c. and to report the weight of the residue for which the
14operator does not pay the recycling fee and any other information needed to
15determine eligibility for the exemption.
AB713,16 16Section 16 . 289.67 (1) (fj) 1. (intro.) of the statutes is amended to read:
AB713,5,1817 289.67 (1) (fj) 1. (intro.) In this paragraph, “qualified materials recovery
18facility" means one of the following:
AB713,17 19Section 17. 289.67 (1) (fj) 1. c. of the statutes is created to read:
AB713,5,2520 289.67 (1) (fj) 1. c. A facility that is in operation on the effective date of this subd.
211. c. .... [LRB inserts date], at which solid waste is incinerated for the purpose of
22energy recovery, if the facility is licensed under this chapter as a solid waste
23processing facility, the approved plan of operation for the facility requires the
24reporting of the volume or weight of materials processed, recycled, and discarded as
25residue, and the facility is in compliance with its approved plan of operation.
AB713,18
1Section 18. 289.67 (1) (fj) 2. a. of the statutes is amended to read:
AB713,6,52 289.67 (1) (fj) 2. a. For a qualified materials recovery facility described in subd.
31. a., an amount equal to the weight of the residue generated by the qualified
4materials recovery facility or 10 percent of the total weight of material accepted by
5the qualified materials recovery facility, whichever is less.
AB713,19 6Section 19. 289.67 (1) (fj) 2. b. of the statutes is amended to read:
AB713,6,117 289.67 (1) (fj) 2. b. For a qualified materials recovery facility described in subd.
81. b. or c., an amount equal to the weight of the residue generated by the qualified
9materials recovery facility or 30 percent of the total weight of material accepted by
10the qualified materials recovery facility, whichever is less. This exemption does not
11apply to ash residue generated by a qualified facility described in subd. 1. c.
AB713,20 12Section 20. 289.67 (1) (fj) 3. a. of the statutes is amended to read:
AB713,6,1713 289.67 (1) (fj) 3. a. The department may require an operator that claims the
14exemption under this paragraph to certify that the operator's facility satisfies the
15criteria in subd. 1. a. or, b. , or c. and to report the weight of the residue for which the
16operator does not pay the environmental repair fee and any other information
17needed to determine eligibility for the exemption.
AB713,6,1818 (End)
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