2003 - 2004 LEGISLATURE
February 12, 2003 - Introduced by Senators Kedzie, Schultz, Cowles and
Roessler, cosponsored by Representatives M. Lehman, Ainsworth, Hines,
Jeskewitz, Nass, Ott, Grothman and Albers, by request of Department of
Natural Resources. Referred to Committee on Environment and Natural
1An Act to amend
895.58 (1) (d), 895.58 (2) and 895.58 (3); and to create
(8) (b) 4. and 895.58 (1) (cr) of the statutes; relating to: immunity for the use
3of solid waste for public projects.
Analysis by the Legislative Reference Bureau
Under current law, the Department of Natural Resources (DNR) may
characterize a solid waste as a special waste available for beneficial use in a public
works project and must maintain a list of those characterized solid wastes in a format
that is available to the public. Currently, a contracting agency in a public works
project may only require the use of those special wastes in a public works project.
Current law grants immunity from liability to any person for his or her acts or
omissions while using those special wastes in a public works project if those acts or
omissions occurred while performing work under the contract for the public works
project, the contract permitted or required the use of those special wastes, and the
acts or omissions conformed to the contract provisions. Current law makes the
immunity inapplicable to acts or omissions that involve reckless, wanton, or
intentional misconduct or that result in the death or injury of an individual.
Under current law, as a way to encourage new ways to recycle solid waste, DNR
may grant a research waiver or an exemption from the requirements regarding the
disposal or recycling of high-volume industrial wastes and certain other solid
wastes. Under this bill, solid wastes that DNR has exempted from the normal
disposal requirement are considered special wastes and may be characterized by
DNR as suitable for beneficial use in public works projects. This bill requires DNR
to maintain a list of those special wastes that are suitable for use in specified types
of public works projects. The list may include conditions under which the wastes may
be used in public works projects. Under the bill, the current provisions granting
immunity from liability apply to the use of those listed special wastes in public works
projects if the conditions established by DNR for their use are met. In addition, the
current law provisions prohibiting immunity for acts of reckless, wanton, or
intentional misconduct or that result in the death or injury of an individual apply.
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:
SB29, s. 1
289.43 (8) (b) 4. of the statutes is created to read:
(b) 4. Authorize use of the solid waste in public works projects.
SB29, s. 2
895.58 (1) (cr) of the statutes is created to read:
(cr) "Solid waste" has the meaning given in s. 289.01 (33).
SB29, s. 3
895.58 (1) (d) of the statutes is amended to read:
(d) "Special waste" means any type of
solid waste that is
7characterized for beneficial use in public works projects by the department of natural
8resources for which the department has granted a waiver or an exemption under s.
9289.43 (3), (4), (7), or (8) or that is exempt by rule promulgated under s. 289.05 (4)
SB29, s. 4
895.58 (2) of the statutes is amended to read:
The department may characterize a solid special
waste as suitable 12
for beneficial use in public works projects by rule, memorandum of understanding
13between itself and other state agencies or local governmental units, or on a
. The department shall compile and maintain a list of special 15
wastes that are suitable for use in specified types of public works projects
in a format 16
readily available to the general public and only those special wastes may be required 17
by contracting agencies to be used in a public works project. The list may include
1conditions under which the special waste may be used in the public works project in
2order for subs. (3) and (4) to be applicable. The list under this subsection is not a rule
3under s. 227.01 (13).
SB29, s. 5
895.58 (3) of the statutes is amended to read:
Special waste, when used in a public works project, is not subject to 6exempt from
regulation as solid waste under ch. 289
if all of the applicable conditions
7included in the list complied under sub. (2) are met