Amendment ASA1-AJR39

LRBs0285/3

RCT:kmg:ijs

1997 - 1998 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 1997 ASSEMBLY JOINT RESOLUTION 39

November 10, 1997 - Offered by Representative Robson.

AJR39-ASA1,1,2 Relating to: requesting Congress to enact legislation to allow states to control the interstate shipment of solid waste.

AJR39-ASA1,1,4 Whereas, the amount of solid waste generated in the United States more than doubled from 1960 to 1990; and

AJR39-ASA1,1,6 Whereas, in the next 15 years, 80% of the landfills that were operating in 1989 will be filled; and

AJR39-ASA1,1,8 Whereas, Congress, to date, has refused to address nonhazardous solid waste regulation on a national level; and

AJR39-ASA1,1,12 Whereas, in 1990 this state passed a recycling law that prohibited the disposal of solid waste in Wisconsin landfills unless the municipality generating the waste had an effective recycling program in place; and this applied to municipalities both in Wisconsin and outside of Wisconsin; and

AJR39-ASA1,1,14 Whereas, the recycling law also required states that ship waste to Wisconsin to have effective landfill siting programs in place; and

AJR39-ASA1,2,2 Whereas, the U.S. district court for the western district of Wisconsin ruled that the landfill siting provision violated the U.S. Constitution's commerce clause; and

AJR39-ASA1,2,5 Whereas, the 7th circuit court of appeals ruled that requiring out-of-state communities to have effective recycling programs also violates the U.S. Constitution's commerce clause; and

AJR39-ASA1,2,7 Whereas, resolving solid waste management issues under the commerce clause alone does not give proper weight to environmental and land use considerations; and

AJR39-ASA1,2,9 Whereas, Wisconsin residents are required to recycle to conserve resources, energy and landfill space; now, therefore, be it

AJR39-ASA1,2,13 Resolved by the assembly, the senate concurring, That the members of the Wisconsin legislature request Congress to pass legislation giving a state the right to regulate the importing of solid waste from outside of the state, including the right to establish standards for recycling and landfill siting programs; and, be it further

AJR39-ASA1,2,15 Resolved, That the assembly chief clerk shall provide a copy of this joint resolution to all members of this state's congressional delegation.

AJR39-ASA1,2,16 (End)