Listed below is a simplified description of the votes used to compile the 1995-96 Environmental Voting Record. As legislation is more than just voting right or wrong, our total score considers leadership. A total score was calculated by adding the number of leadership points to the voting percentage. Positive leadership points were added for environmentally beneficial bills authored (+3) or coauthored (+2), while negative leadership points were calculated for environmentally harmful bills authored (-3) or coauthored (-2). Leadership points were calculated for each of the bills used in the voting record (below) and 84 additional environmentally significant bills. For a more complete description of the scoring process or for the bills, amendments or resolutions used in the voting record or in calculating the leadership score, contact the Decade's office.
(To read the texts of bills etc., visit the State of Wisconsin's Legislative Information Server (WILIS))
1 - TRESPASS
(AB13)(Representative Johnsrud) - This bill changes the state’s trespass
law. It makes a person liable for trespass even when unintentionally entering
another’s land, and it eliminates the requirement that land be posted or
marked. Under this bill, which passed into law, a hiker or hunter lost
in the woods may be held liable (a civil forfeiture of up to $1,000) for
mistakenly wandering onto someone’s unposted property. (Passage was used,
“no” being the correct vote)
2 - POLITICIZING DNR
(Assembly = AB150, AA25 to ASA 1, Representative Baumgart; SENATE =
AB150, SA 4, Senator Breske) - The Budget Bill (AB 150) made drastic and
damaging changes to the Department of Natural Resources (DNR). It made
the DNR a cabinet level agency whose Secretary is directly appointed by
the Governor rather than being appointed by citizens of the 7 member Natural
Resources Board (NRB). The net effect of this was to politicize the DNR,
removing it from its traditionally independent role in state environmental
policymaking. AA25 to ASA1 would have prevented this change and kept politics
out of the DNR. (The vote to table (kill) the amendment was used, “no”
being the correct vote)
3 - DOT WEPA EXEMPTION
(AB150, AA 17 to AA 26 to ASA 1) (Representative Black) - The original
Assembly version of the Budget Bill sought to exempt Department of Transportation
(DOT) plans and programs from the requirements of Wisconsin’s Environmental
Policy Act (WEPA). WEPA requires state agencies, when taking a major action
significantly affecting the quality of the human environment, to evaluate
the environmental impacts of the proposed action by preparing an Environmental
Impact Statement. AA 17 to AA 26 to ASA 1 would have removed this exemption
from the budget. (The vote to table the amendment was used, “no” being
the correct vote)
4 - RESTORING THE PUBLIC INTERVENOR
(ASSEMBLY = AB150, AA28 to ASA 1, Representative Reynolds; SENATE =
AB150, SA 3, Senator Potter) - The Budget Bill proposed to eliminate the
Public Intervenor’s Office. Located within the state Department of Justice,
it employed two attorneys whose mission was to represent Wisconsin citizens’
rights in water and other natural resources. Small but effective, the Public
Intervenor served as a faithful and tenacious watchdog over our government,
and had the unique ability to sue on the citizens’ behalf when state agencies
failed to comply with environmental laws. It was also a valuable source
of information for citizens to turn to. AA28 to ASA1 would have restored
the Public Intervenor’s Office. (The vote to table the amendment was used,
“no” being the correct vote)
5 - RECYCLING FUND RAID
(AB150, AA 30 to ASA 1) (Representative Black) - The Budget Bill proposed
to take approximately $20 million from the Recycling Fund and use it for
purposes completely unrelated to recycling. AA30 to ASA 1 would have stopped
this “raid” on state recycling funding and allowed this money to be spent
for the specific purpose for which it was raised: to fund local recycling
programs. (The vote to table the amendment was used, “no” being the correct
vote)
6 - MINING GROUNDWATER STANDARDS
(AB 336) (Representative Reynolds) - Currently, mining activities and
facilities, including mining waste sites, are exempt from DNR’s groundwater
enforcement standards. DNR is presently authorized to establish separate
groundwater quality standards for mining activities and waste sites. This
bill eliminates the exemption for mines from groundwater enforcement standards,
and removes DNR’s authority to establish separate groundwater quality standards
for mining activities. (The vote used was that to remove the bill from
committee to take up on the floor, “aye” being the correct vote)
7 - SHORELAND DEVELOPMENT
(AB 424) (Representative Harsdorf) - Spurred by Trenton Island property
interests, this bill would hinder the state’s ability to remove unwise
development from sensitive shoreland and floodplain areas. Under the bill,
an owner of a building not conforming with state-mandated floodplain and
shoreland zoning ordinances may spend more money than under prior law to
repair, expand or modify the building when it is damaged or destroyed by
nonflood disasters. Building owners would thus be able to maintain habitability
and the local shoreland would continue to be harmed by overdevelopment.
(Passage vote used, “no” being the correct vote)
8 - DOUBLE-HULLED TANKERS
(AB 495) (Representative Johnsrud) - This bill prohibits a tank vessel
of less than 5,000 gross tons from transporting oil or hazardous material
on a portion of the Mississippi River unless the vessel has a double hull
or is a barge under escort by a tugboat. (Passage vote used, “aye” being
the correct vote)
9 - MASS TRANSIT FUNDING
(AB 557, AA 14 to ASA 2) (Representative Plombon) - The Transportation
Budget Bill (AB 557) significantly cut funding for mass transit. This amendment
would have restored millions of dollars of mass transit aid to local units
of government. (The vote to table the amendment was used, “no” being the
correct vote)
10 - SUSTAINABLE FORESTRY
(AB 575) (Representative Johnsrud) - This bill requires the DNR to manage
state forests using principles of sustainable forestry and in a manner
that is consistent with forests’ ecological capabilities. It adds biological
diversity and soil and water protection to the traditional DNR forestry
management goals of outdoor recreation and silviculture. (Passage vote
used, “aye” being the correct vote)
11- FLOODPLAIN DEVELOPMENT
(AB 584) (Representative Ainsworth) - This bill prohibits DNR from
making rules that result in local ordinances for floodproofed residential
basements that are stronger than restrictions imposed by the Federal Emergency
Management Agency (FEMA). The effect of this bill is to remove a barrier
to floodplain development and to open the possibility of more unwise development
in these environmentally sensitive areas. (Passage vote used, “no” being
the correct vote)
12 - LOWER WISCONSIN RIVERWAY
(AB 590) (Representative Brandemuehl) - This bill severely weakens
protections of the Lower Wisconsin State Riverway. Among the worst provisions
of this bill are allowing timber cutting in the river edge zone and allowing
new and expanded mining or quarrying activities on the Riverway where they
were previously prohibited. (Passage vote used, “no” being the correct
vote) (-)
13 - ENVIRONMENTAL SCIENCE COUNCIL
(AB 722) (Representative Duff) - This bill would create an Environmental
Science Council in the Department of Administration. The bill would allow
the Governor to hand-pick the council members and dictate what issues the
council would become involved in. This bill worsens the problem of the
politicization of state environmental policymaking through the concentration
of power in the Executive branch. We see the University as being a better,
less political forum for a state Environmental Science Council. (Passage
vote used, “no” being the correct vote) (-)
14 - VEHICLE EMISSIONS STANDARDS
(AB 846) (Representative Jensen) - This bill lowers the weight limit, from
14,000 to 8,500 pounds, above which motor vehicles are exempt from emission
limitations and the vehicle emission inspection program. The program applies
to counties where air quality does not meet federal standards. This bill
is a significant weakening of the vehicle emission regulations that help
improve air quality. (Passage vote used, “no” being the correct vote) (-)
15 - LONG-TERM LIABILITY OF MINE SITES
(AB 919) (Representative Seratti) - Under law prior to passage of this
bill, the owner of a mining waste disposal facility was responsible for
maintaining proof of its ability to pay for long-term care of the facility
(such as groundwater monitoring) for a period of 40 years after its closure.
DNR was allowed to extend this period only if it determined that additional
long-term care was necessary to protect human or environmental health.
Under this bill, an owner’s obligation to maintain proof of its financial
responsibility does not terminate automatically after 40 years. Rather,
the owner’s obligation is terminated only if it proves to DNR, by a preponderance
of evidence, that long-term care is no longer needed to protect human or
environmental health. This bill puts the burden of proof where it belongs.
(Passage vote used, “aye” being the correct vote) (+)
16 - DOT EXEMPTION FROM DNR PERMITS
(AB 927) (Representative Otte) - This bill would exempt any Department
of Transportation project from needing a DNR permit to place structures
or deposit material in navigable waters, as long as “interdepartmental
liaison procedures” for minimizing adverse environmental impacts were followed.
This circumvents the permitting process that applies to other agencies,
private persons and organizations. It also deprives the public of its say
in the process of approving such transportation projects. (Passage vote
used, “no” being the correct vote) (-)
17 - SULFIDE MINING MORATORIUM
(AJR 98) (Representative Black) This resolution revived for further
consideration AB 758, the Sulfide Mining Moratorium Bill, which was stifled
in committee. The bill would prohibit DNR from issuing a metallic mining
permit for mining a sulfide ore body until DNR has determined that such
a mine has both operated in the U.S. or Canada for at least 10 years and
has been closed for at least 10 years without polluting surface or groundwater.
(Adoption vote was used, “aye” being the correct vote)
18 - CONSERVATION RESTORATION
(AJR 99) (Representative Black) - This resolution was to revive for
further consideration AB 812, the Conservation Restoration Bill, which
was stifled in committee. First, the bill would have restored the Public
Intervenor’s Office to the Department of Justice with full power to litigate
on behalf of public rights in water and other natural resources. Second,
it would have reversed the politicization of the DNR and the Department
of Agriculture, Trade and Consumer Protection (DATCP) by restoring the
power to appoint the Secretary of each agency to the independent governing
board of each agency, rather than leaving this power concentrated in the
Governor’s office. (Adoption vote was used, “aye” being the correct vote)
19 - TOXIC SEDIMENT DISPOSAL
(SB 133) (Senator Cowles) - This bill preserved the grant of a lake
bed area in Green Bay Harbor to Brown County for the expansion of the dredge
spoils containment facility known as Kidney Island (Renard Isle). Because
of its potential for damaging water quality in Green Bay, this expansion
was successfully opposed by the Public Intervenor’s Office (PIO) in 1988.
Following elimination of the PIO in the 1995 budget, the DNR again issued
a permit for the expanded facility to be built, despite serious shortcomings
in the scientific and engineering studies conducted to assess the impact
of the facility. The expansion is currently being opposed in a contested
case proceeeding before the DNR. Without the lakebed grant being preserved
by this bill, this unwise project could not continue. (Concurrence vote
used, “no” being the correct vote)
20 - POLLUTER LIABILITY
(SB 11, SA 2 to SSA 1) (Senator Burke) - This amendment to the tort
reform bill would have restored the potential for joint and several liability
for damages resulting from environmental pollution, hazardous waste or
substances, or waste disposal sites. Joint and several liability means
that when multiple parties are responsible for a pollution incident, any
one individual polluter of the group may be held liable for the entire
amount of the damages as determined by a court. Joint and several liability
thus creates an incentive for polluters to immediately cooperate in clean-up
efforts to keep costs low. It also ensures that even if a few of the multiple
polluters are insolvent, clean-up costs will be borne by those who pollute
rather than by the state’s taxpayers. (The vote to reject the amendment
was used, “no” being the correct vote)
21- REFORMULATED GAS
(SB 89, SA 3 to SSA 1) (Senator Risser) - SB 89 sought to ban the sale
of MTBE and ETBE, two types of clean-burning reformulated gasoline, during
winter months. These fuels lessen the production of ozone forming compounds,
a reduction which is mandated by the Clean Air Act. The bill was introduced
following health, mileage, and engine incompatibility complaints which
surfaced in Wisconsin but not in other areas. While a temporary ban may
have been prudent, an outright ban would have provided no opportunity to
move forward with these alternative fuels had these complaints remained
unsubstantiated. SA 3 to SSA 1 would have provided such an opportunity,
by causing the ban to “sunset” after a two year period. This would have
given adequate time to gather facts about the issue, without rushing to
a hasty and permanent ban. (The vote to reject the amendment was used,
“no” being the correct vote)