January 8, 2020 - Introduced by Senators Bewley, Tiffany and Jacque,
cosponsored by Representatives Quinn, Billings, Krug, Milroy, Doyle,
Tusler and Bowen. Referred to Committee on Natural Resources and Energy.

SB670,1,7 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.

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.”

SB670,2,105 289.63 (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.

SB670,2,1512 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.