Retention of environmental repair fees by certain municipal solid waste facilities, the official text

2025 - 2026 LEGISLATURE
LRB-4771/1
ZDW:skw

2025 ASSEMBLY BILL 605
October 29, 2025 - Introduced by Representatives B. Jacobson, Miresse, Behnke, Knodl, O'Connor, Penterman, Tittl and Brown, cosponsored by Senator Tomczyk. Referred to Committee on Local Government.

An Act to renumber and amend 289.67 (1) (b); to create 289.67 (1) (b) 2. of the statutes; relating to: retention of environmental repair fees by certain municipal solid waste facilities.

Analysis by the Legislative Reference Bureau
Under current law, a generator of solid waste must pay an environmental repair fee for each ton of solid waste that is disposed of at a licensed solid waste disposal facility. The owner or operator of a licensed solid waste disposal facility must collect environmental repair fees and pay the collected amounts to the Department of Natural Resources.
Under current law, DNR administers the Clean Water Fund Program (CWFP), which provides financial assistance to municipalities for projects to control water pollution. One type of financial assistance under the CWFP is making loans at or below the market rate interest.
Under this bill, if the owner or operator of a municipal solid waste facility receives a CWFP loan for waste water treatment infrastructure, the owner or operator may retain, of the environmental repair fees it collects, an amount equal to the total principal and interest owed on the loan while the loan is in repayment.
For further information see the state and local 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:

Section 1. 289.67 (1) (b) of the statutes is renumbered 289.67 (1) (b) 1. and amended to read:
289.67 (1) (b) 1. The Except as provided in subd. 2., the owner or operator of a licensed solid or hazardous waste disposal facility shall collect the environmental repair fee from the generator, a person who arranges for disposal on behalf of one or more generators or an intermediate hauler and shall pay to the department the amount of the fees required to be collected according to the amount of solid or hazardous waste received and disposed of at the facility during the preceding reporting period.
Section 2. 289.67 (1) (b) 2. of the statutes is created to read:
289.67 (1) (b) 2. If the owner or operator of a municipal solid waste facility receives a loan under the clean water fund program under s. 281.58 for waste water treatment infrastructure, the owner or operator of the municipal solid waste facility may retain, of the amounts collected under subd. 1., an amount equal to the total principal and interest owed on the loan while the loan is in repayment.
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