An Act to repeal 66.0419 of the statutes; Relating to: local regulation of certain containers.
SB777 would repeal Wisconsin Statutes section 66.0419, which currently limits how cities, villages, towns, and counties may regulate certain reusable or single-use containers, often referred to as auxiliary containers. Under current law, local governments are generally barred from enacting or enforcing ordinances that regulate the use, disposition, or sale of these containers, prohibit or restrict them, or impose fees, charges, or surcharges on them, subject to certain exceptions. By repealing the section outright, the bill would remove those statewide limits and allow political subdivisions to regulate auxiliary containers under their own local authority.
The practical effect of the bill would be to shift policy control from the state level to local governments on issues involving bags, cups, bottles, cans, and similar packaging used for transporting merchandise, food, or beverages. This could open the door for local ordinances addressing plastic bag restrictions, container fees, reuse requirements, or other packaging-related measures, depending on each locality’s policy choices. The bill does not itself create a new regulatory scheme; instead, it eliminates the statute that preempts local regulation in this area.
The bill would repeal section 66.0419 of the Wisconsin statutes, removing the existing preemption on local regulation of auxiliary containers. As a result, political subdivisions would no longer be restricted by that statute from regulating, restricting, or charging fees on certain containers, and local ordinances on bags, cups, bottles, and similar packaging could be adopted or enforced subject to other applicable state and federal law. The bill would therefore materially alter the balance of authority between the state and local governments on container regulation.
The available record shows no committee transcript or recorded votes, so there is no direct evidence of debate or negotiated amendments. Based on the bill’s sponsorship and subject matter, the measure appears to have been introduced as a local-control or environmental-policy bill, but it ultimately failed to pass pursuant to Senate Joint Resolution 1. The absence of recorded discussion makes it difficult to gauge detailed support or opposition, though the failure to advance suggests it did not secure sufficient legislative backing.
The main point of contention is likely the policy choice between statewide uniformity and local autonomy. Supporters would favor repealing the preemption so municipalities can address waste reduction, plastic pollution, and local retail practices in ways tailored to community preferences. Opponents would likely argue that allowing local container rules could create a patchwork of regulations for businesses, increase compliance costs, and burden commerce. Because there were no committee transcripts or votes provided, the specific positions of legislators, local governments, environmental advocates, or business groups are not documented in the record here.