An Act to create 94.701 (3) (b) 9. of the statutes; Relating to: local regulation of pesticides to protect pollinators.
Summary
AB287 would create a new exception to Wisconsin’s general prohibition on local regulation of pesticides. Under current law, cities, villages, towns, and counties are broadly barred from prohibiting or otherwise regulating pesticide use, subject to certain existing exemptions. This bill would add another exemption allowing a political subdivision to regulate pesticides when the purpose is to protect pollinators or pollinator habitats.
The bill defines “pollinator” as an insect that pollinates flowers. In practical terms, AB287 would give local governments authority to adopt ordinances aimed at reducing pesticide impacts on bees and other pollinating insects, and on the habitats they rely on. It would not create a statewide pesticide ban or new statewide pesticide restrictions; instead, it would carve out local authority within the existing state preemption framework.
Impact
AB287 would amend s. 94.701 (3) (b) by adding a new exemption to state preemption of local pesticide regulation. The main legal effect is to permit local ordinances regulating pesticide use for pollinator protection, which could affect pesticide applicators, agricultural operations, landscapers, municipalities, and property owners in jurisdictions choosing to act. It would expand local regulatory discretion while leaving the broader state rule against local pesticide regulation in place for other purposes.
Sentiment
The available record shows the bill was introduced with a broad set of bipartisan and cross-caucus cosponsors, suggesting at least some initial support for pollinator protection. However, there are no committee transcripts or recorded votes in the provided materials, and the bill ultimately failed to pass pursuant to Senate Joint Resolution 1. Based on that outcome, the overall sentiment appears to have been favorable among sponsors but insufficient to advance through the full legislative process.
Contention
The central point of contention is likely the balance between local control and statewide uniformity in pesticide regulation. Supporters would favor allowing communities to respond to pollinator concerns and habitat protection, while opponents may view the bill as an erosion of state preemption that could create a patchwork of local pesticide rules. Another likely issue is the potential impact on farmers, applicators, and other pesticide users who may face differing local standards depending on the jurisdiction.