Date of enactment: March 14, 2024
2023 Senate Bill 624 Date of publication*: March 15, 2024
2023 WISCONSIN ACT 107
AN ACT to amend 20.370 (4) (dq), 289.41 (3) (c), 289.41 (11) (a) 4. and 289.68 (1); and to create 20.370 (4) (dr),
289.41 (3m) and 289.68 (4m) of the statutes; relating to: method for establishing proof of financial responsibility
for municipal solid waste facilities; payments for closure, long−term care, and corrective action costs for certain solid
or hazardous waste facilities; extending the time limit for emergency rule procedures; providing an exemption from
emergency rule procedures; granting rule−making authority; and making an appropriation.
The people of the state of Wisconsin, represented in
senate and assembly, do enact as follows:
SECTION 1. 20.370 (4) (dq) of the statutes is amended
to read:
20.370 (4) (dq) Solid waste management — waste
management fund. From the waste management fund, all
moneys received in the waste management fund, except
moneys appropriated under pars. (dr), (dt), (dy) and (dz),
for the purpose of administering a program of corrective
action, closure, and long−term care of and environmental
repairs to solid and hazardous waste facilities under s.
289.68.
SECTION 2. 20.370 (4) (dr) of the statutes is created
to read:
20.370 (4) (dr) Solid waste management — depart-
ment action on corrective action, closure, and long−term
care. From the waste management fund, all moneys
received under s. 289.68 (4m) (b) for the purpose of
administering a program of corrective action, closure,
and long−term care of solid and hazardous waste facili-
ties under s. 289.68 (4m) (a).
SECTION 3. 289.41 (3) (c) of the statutes is amended
to read:
289.41 (3) (c) Changes. The owner or operator may
change from one standard method of establishing proof
of financial responsibility under par. (a) to another or
standard method under par. (a), to an alternative method
under sub. (3m), or to a net worth method of establishing
proof of financial responsibility under sub. (4).
SECTION 4. 289.41 (3m) of the statutes is created to
read:
289.41 (3m) ALTERNATIVE METHOD OF ESTABLISHING
FINANCIAL RESPONSIBILITY FOR SOLID WASTE DISPOSAL
FACILITIES; MINIMUM FINANCIAL STANDARDS FOR MUNICI-
PALITIES. (a) Alternative method requirements. A munic-
ipality may establish proof of financial responsibility for
solid waste disposal facilities as required under sub. (2)
by applying to the department and meeting the alternative
method requirements. The department shall establish by
rule the minimum financial requirements for a munici-
pality to establish proof of financial responsibility under
this subsection. If a facility is owned or operated by more
than one municipality, any such municipality may estab-
lish proof of financial responsibility under this subsec-
tion on behalf of itself and the other municipalities that
are owners or operators. A municipality that seeks to
* Section 991.11, WISCONSIN STATUTES: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor’s
partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.” − 2 −2023 Wisconsin Act 107 2023 Senate Bill 624
establish proof of financial responsibility under this sub-
section shall satisfy the minimum financial requirements
established by rule and all of the following requirements:
1. If the municipality has any outstanding, rated, gen-
eral obligation bonds, none have been rated lower than
“Baa” as issued by Moody’s Investors Service or “BBB”
as issued by Standard & Poor’s Corporation.
2. The municipality’s most recent audited annual
financial statement shows a ratio of cash plus marketable
securities to total expenditures of not less than 0.05, and
a ratio of annual debt service to total expenditures of not
greater than 0.20.
(b) Failure to meet alternative method requirements.
If at any time the department determines that a munici-
pality does not meet the minimum financial requirements
under par. (a) 1. and 2. and established by rule, the munic-
ipality shall, within 45 days of the department’s determi-
nation, establish proof of financial responsibility using
one of the standard methods under sub. (3).
SECTION 5. 289.41 (11) (a) 4. of the statutes is
amended to read:
289.41 (11) (a) 4. The department may request the
department of justice to initiate court action against the
owner or operator to recover moneys sufficient to pay the
cost of complying with the closure and long−term care
requirements of the specified in any rule, order, plan of
operation, or other plan approval or approved plan under
s. 291.29. Any moneys recovered in this type of action
or as a settlement in anticipation of this type of action
shall be credited to the waste management fund.
SECTION 6. 289.68 (1) of the statutes is amended to
read:
289.68 (1) PAYMENTS FROM THE WASTE MANAGEMENT
FUND. The department may expend moneys in the waste
management fund only for the purposes specified under
subs. (3) to (6) and 1991 Wisconsin Act 39, section 9142
(2w). The department may expend moneys appropriated
under s. 20.370 (4) (dq) for the purposes specified under
subs. (3) and (5) and 1991 Wisconsin Act 39, section
9142 (2w). The department may expend moneys appro-
priated under s. 20.370 (4) (dt) for the purposes specified
under sub. (4). The department may expend moneys
appropriated under s. 20.370 (4) (dy) and (dz) for the pur-
poses specified under sub. (6). The department may
expend moneys appropriated under s. 20.370 (4) (dr) for
the purposes specified under sub. (4m).
SECTION 7. 289.68 (4m) of the statutes is created to
read:
289.68 (4m) PAYMENTS OF CLOSURE, LONG−TERM
CARE, AND CORRECTIVE ACTION COSTS. (a) Payments. The
department may expend moneys appropriated under s.
20.370 (4) (dr) to pay costs associated with closure, long−
term care requirements, and corrective action for a facil-
ity that has established proof of financial responsibility
under s. 289.41 (3m) or (4), if the owner or operator of the
facility has failed to comply with closure, long−term
care, or corrective action requirements specified in any
rule, order, plan of operation, or other plan approval and
if any of the following applies:
1. The owner or operator’s failure to comply is due
to bankruptcy, insolvency, or other inability to pay the
costs.
2. The department determines that the failure to com-
ply presents an imminent or substantial danger to human
health or the environment.
(b) Transfer of funds; joint finance approval. The
department may transfer money from the appropriation
account under s. 20.370 (4) (dq) to the appropriation
account under s. 20.370 (4) (dr) for the purposes speci-
fied under par. (a). The department shall notify the joint
committee on finance of transfers that are intended to
support payments for a facility under par. (a) that do not
exceed $300,000. The department may not make any
transfers that are intended to support payments for a facil-
ity under par. (a) that exceed $300,000 without approval
from the joint committee on finance.
SECTION 8.0Nonstatutory provisions.
(1) EMERGENCY RULES. The department of natural
resources shall use the procedure under s. 227.24 to pro-
mulgate rules under s. 289.41 (3m) no later than the first
day of the 7th month beginning after the effective date of
this subsection. Notwithstanding s. 227.24 (1) (c) and (2),
emergency rules promulgated under this subsection
remain in effect until the first day of the 36th month
beginning after the effective date of the emergency rules
or the date on which permanent rules take effect, which-
ever is earlier. Rules promulgated under this subsection
shall, at a minimum, reflect the minimum financial
requirements established in s. 289.41 (3m) and in 40 CFR
258.74 (f), as amended. Notwithstanding s. 227.24 (1)
(a) and (3), the department of natural resources is not
required to provide evidence that promulgating a rule
under this subsection as an emergency rule is necessary
for the preservation of public peace, health, safety, or
welfare and is not required to provide a finding of emer-
gency for a rule promulgated under this subsection.