2019 - 2020 LEGISLATURE
May 21, 2019 - Introduced by Representatives C. Taylor, Shankland, Stubbs,
Zamarripa, Sargent, Billings, Considine, Cabrera, Pope, Subeck, Ohnstad,
Brostoff, Sinicki, Hebl, Anderson, Fields and Neubauer, cosponsored by
Senators Miller, L. Taylor, Risser, Carpenter, Smith and Wirch. Referred
to Committee on Local Government.
1An Act to repeal
94.701 of the statutes; relating to: allowing local governments
2to regulate pesticides.
Analysis by the Legislative Reference Bureau
Under current law, a city, village, town, or county (political subdivision) may not
enact an ordinance that prohibits the use of or otherwise regulates pesticides unless
the ordinance 1) regulates pesticide use on property that the political subdivision
owns; 2) zones areas for pesticide manufacturing, distribution, and disposal; 3)
implements a pesticide regulation required by law; 4) implements a cooperative
agreement with the federal environmental protection agency; 5) prohibits conduct
that is prohibited under certain laws; 6) requires notification of pesticide use to be
given to the political subdivision, if such notice is required by law; 7) sets standards
for fire prevention in the storage of pesticides that pose a fire hazard; 8) regulates
pesticides pursuant to a storm water management program; or 9) relates to the
storage, treatment, or disposal of solid waste containing pesticides. Current law also
requires a political subdivision to consult with the Department of Agriculture, Trade
and Consumer Protection before enacting a pesticide ordinance.
This bill eliminates these prohibitions and requirements. Under the bill, a
political subdivision may enact an ordinance that prohibits the use of or otherwise
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
94.701 of the statutes is repealed.