AB64-ASA1,573,321 66.0304 (11) (a) 1. (intro.) A Except as provided in subd. 2., a commission may
22not issue bonds to finance a capital improvement project in any state or territory of
23the United States unless a political subdivision within whose boundaries the project
24is to be located has approved the financing of the project. A commission may not issue
25bonds to finance a capital improvement project in this state unless all of the political

1subdivisions within whose boundaries the project is to be located has have approved
2the financing of the project. An approval under this paragraph subdivision may be
3made by the one of the following:
AB64-ASA1,573,4 4a. The governing body of the political subdivision or, except or its designee.
AB64-ASA1,573,7 5b. Except for a 1st class city or a county in which a 1st class city is located, by
6the highest ranking executive or administrator of the political subdivision or his or
7her designee
.
AB64-ASA1,984hb 8Section 984hb. 66.0304 (11) (a) 1. c. of the statutes is created to read:
AB64-ASA1,573,129 66.0304 (11) (a) 1. c. An applicable elected representative of the political
10subdivision, if any, as defined in section 147 (f) (2) (E) of the Internal Revenue Code,
11except that for a 1st class city, or a county in which a 1st class city is located, such
12approval may be given only by the governing body of the city or county.
AB64-ASA1,984hc 13Section 984hc. 66.0304 (11) (a) 2. of the statutes is created to read:
AB64-ASA1,573,1714 66.0304 (11) (a) 2. Except for financing a capital improvement project in this
15state, the commission may issue bonds to finance a capital improvement project
16without receiving the approval under subd. 1. if the financing is approved in
17accordance with section 147 (f) of the Internal Revenue Code.
AB64-ASA1,984hd 18Section 984hd. 66.0304 (11) (a) 3. of the statutes is created to read:
AB64-ASA1,573,2119 66.0304 (11) (a) 3. Bonds issued under this section are not considered issued
20for the purpose of financing a capital improvement project if the bond proceeds are
21used for any of the following purposes:
AB64-ASA1,574,222 a. To finance a facility if the facility was placed in service for federal tax
23purposes by the participant or a related person prior to the commission issuing the
24bonds and if no more than 10 percent of the bond proceeds are used to finance the

1construction, expansion, rehabilitation, renovation, or remodeling of capital
2improvements.
AB64-ASA1,574,53 b. To finance the acquisition of a facility, by a participant or by the commission,
4if no more than 10 percent of the bond proceeds are used to finance the construction,
5expansion, rehabilitation, renovation, or remodeling of the facility.
AB64-ASA1,574,106 c. To finance the commission's purchase either of bonds issued by a different
7issuer or of leases or contracts from a 3rd-party provider, and those bonds, leases,
8or contracts are used or were used to finance in whole or in part the construction,
9expansion, rehabilitation, renovation, or remodeling of real or tangible personal
10property.
AB64-ASA1,984he 11Section 984he. 66.0304 (11) (bm) of the statutes is amended to read:
AB64-ASA1,574,1812 66.0304 (11) (bm) A project may be located outside of the United States or
13outside a territory of the United States if the any participant or borrower, including
14a co-borrower, of proceeds of bonds issued to finance or refinance the project in whole
15or in part is incorporated organized under the laws of and has its principal place of
16business in any state or territory of the United States or a territory of the United
17States. To the extent that this paragraph applies to a borrower, it also applies to a
18participant if the participant is a nongovernmental entity
.
AB64-ASA1,984hf 19Section 984hf. 66.0304 (11) (c) of the statutes is amended to read:
AB64-ASA1,574,2520 66.0304 (11) (c) Any action brought to challenge the validity of the issuance of
21a bond under this section, or the enforceability of a contract entered into under this
22section, must be commenced in circuit court within 30 days of the commission
23adopting a resolution authorizing the issuance of the bond or the execution of the
24contract or be barred. Section 893.77 does not apply to bonds issued under this
25section
.
AB64-ASA1,984hg
1Section 984hg. 66.0304 (12) of the statutes is amended to read:
AB64-ASA1,575,142 66.0304 (12) State Pledge. The state pledges to and agrees with the
3bondholders, and persons that enter into contracts with a commission under this
4section, that the state will not limit, impair, or alter the rights and powers vested in
5a commission by this section, including the rights and powers under sub. (4), before
6the commission has met and discharged the bonds, and any interest due on the
7bonds, and has fully performed its contracts, unless adequate provision is made by
8law for the protection of the bondholders or those entering into contracts with a
9commission. The commission may include this pledge in a contract with
10bondholders. The pledge and agreement described in this subsection do not create
11any liability on any bonds or contracts of the commission on the part of the state, the
12members, or any other political subdivision of the state, or any political subdivision
13approving financing under sub. (11) (a), which liability shall be expressly limited as
14provided in sub. (9).
AB64-ASA1,984ht 15Section 984ht. 66.0307 (3) (d) 4m. of the statutes is created to read:
AB64-ASA1,575,1716 66.0307 (3) (d) 4m. Identify all highways within the territory covered by the
17plan of which each participating municipality has jurisdiction.
AB64-ASA1,984i 18Section 984i. 66.0307 (6) of the statutes is amended to read:
AB64-ASA1,575,2419 66.0307 (6) Binding elements of cooperative plan. If a cooperative plan is
20approved by the department under sub. (5) or an amended plan is approved under
21sub. (8), provisions in the plan to maintain existing boundaries, the boundary
22changes in the plan, the schedule for those changes, the plan for delivery of services,
23including road maintenance,
and the schedule for those services are binding on the
24parties to the plan and have the force and effect of a contract.
AB64-ASA1,984ig 25Section 984ig. 66.0414 of the statutes is created to read:
AB64-ASA1,576,3
166.0414 Quarry operations. (1) Construction. (a) Nothing in this section
2may be construed to affect the authority of a political subdivision to regulate land use
3for a purpose other than quarry operations.
AB64-ASA1,576,74 (b) Nothing in this section may be construed to exempt a quarry from a
5regulation of general applicability placed by a political subdivision that applies to
6other property in the political subdivision that is not a quarry unless the regulation
7is inconsistent with this section.
AB64-ASA1,576,118 (c) Except for making unenforceable, under sub. (4) (b), (d), or (f), an ordinance
9or other limit on quarry operations, this section may not be interpreted to affect a
10legal claim that involves an ordinance or other limit on quarry operations that is in
11effect on January 1, 2017.
AB64-ASA1,576,12 12(2) Definitions. In this section:
AB64-ASA1,576,1413 (a) “Permit” means a form of approval granted by a political subdivision for the
14operation of a quarry.
AB64-ASA1,576,1515 (b) “Political subdivision” means a city, village, town, or county.
AB64-ASA1,576,1816 (c) “Public works project” means a federal, state, county, or municipal project
17that involves the construction, maintenance, or repair of a public transportation
18facility or other public infrastructure and in which nonmetallic minerals are used.
AB64-ASA1,576,2219 (d) “Quarry” means the surface area from which nonmetallic minerals,
20including soil, clay, sand, gravel, and construction aggregate, that are used primarily
21for a public works project or a private construction or transportation project are
22extracted and processed.
AB64-ASA1,576,2523 (e) “Quarry operations” means the extraction and processing of minerals at a
24quarry and all related activities, including blasting, vehicle and equipment access
25to the quarry, and loading and hauling of material to and from the quarry.
AB64-ASA1,577,4
1(3) Limitations on local regulation. (a) Permits. 1. Consistent with the
2requirements and limitations in this subsection, except as provided in subd. 2. or 3.,
3a political subdivision may require a quarry operator to obtain a zoning or
4non-zoning permit to conduct quarry operations.
AB64-ASA1,577,85 2. a. Except as provided in subd. 2. b., a political subdivision may not require
6a quarry operator to obtain a zoning or non-zoning permit if the quarry operator
7conducts quarry operations at a quarry unless the political subdivision enacts an
8ordinance that requires the permit.
AB64-ASA1,577,139 b. A political subdivision may require a quarry operator to obtain a permit to
10conduct quarry operations at a nonconforming quarry site, as defined in s. 59.69 (10)
11(ab) 2., if quarry operations at the nonconforming quarry site have been previously
12discontinued for a period of 12 consecutive months after the political subdivision
13enacted the permit requirement.
AB64-ASA1,577,1614 3. A political subdivision may not require a quarry operator to obtain a zoning
15or non-zoning permit to conduct quarry operations unless the political subdivision
16enacts an ordinance that requires the permit.
AB64-ASA1,577,2417 (b) Applicability of local limit. If a political subdivision enacts a non-zoning
18ordinance regulating the operation of a quarry that was not in effect when quarry
19operations began at a quarry, the limit does not apply to that quarry or to land that,
20as of the effective date of this subdivision .... [LRB inserts date], is contiguous, as
21defined in s. 59.69 (10) (ab) 1., to the land on which the quarry is located, is under
22the common ownership, leasehold, or control of the person who owns, leases, or
23controls the land on which the quarry is located, and is located in the same political
24subdivision.
AB64-ASA1,577,2525 (c) Blasting. 1. In this paragraph:
AB64-ASA1,578,4
1a. “Affected area” means an area within a certain radius of a blasting site that
2may be affected by a blasting operation, as determined using a formula established
3by the department of safety and professional services by rule that takes into account
4a scaled-distance factor and the weight of explosives to be used.
AB64-ASA1,578,55 b. “Airblast” means an airborne shock wave caused by a blast.
AB64-ASA1,578,66 c. “Flyrock” means rock that is propelled through the air as a result of a blast.
AB64-ASA1,578,87 d. “Ground vibration” means a shaking of the ground caused by the elastic wave
8emanating from a blast.
AB64-ASA1,578,109 2. Except as provided under subds. 3. and 4., a political subdivision may not
10limit blasting at a quarry.
AB64-ASA1,578,1211 3. A political subdivision may require the operator of a quarry to do any of the
12following:
AB64-ASA1,578,1513 a. Before beginning a blasting operation at the quarry, provide notice of the
14blasting operation to each political subdivision in which any part of the quarry is
15located and to owners of dwellings or other structures within the affected area.
AB64-ASA1,578,1816 b. Before beginning a blasting operation at the quarry, cause a 3rd party to
17conduct a building survey of any dwellings or other structures within the affected
18area.
AB64-ASA1,578,2019 c. Before beginning a blasting operation at the quarry, cause a 3rd party to
20conduct a survey of and test any wells within the affected area.
AB64-ASA1,578,2221 d. Maintain records and prepare and submit reports related to blasting
22operations at the quarry.
AB64-ASA1,578,2423 e. Comply with other properly adopted local blasting regulations that are not
24related to airblast, flyrock, or ground vibration.
AB64-ASA1,579,6
14. A political subdivision may suspend a permit for a violation of the
2requirements under s. 101.15 relating to blasting and rules promulgated by the
3department of safety and professional services under s. 101.15 (2) (e) relating to
4blasting only if the department of safety and professional services determines that
5a violation of the requirements or rules has occurred and only for the duration of the
6violation as determined by the department of safety and professional services.
AB64-ASA1,579,97 (d) Water quality or quantity. 1. Except as provided under subds. 2. to 5., a
8political subdivision may not do any of the following with respect to the operation of
9a quarry:
AB64-ASA1,579,1010 a. Establish or enforce a water quality standard.
AB64-ASA1,579,1211 b. Issue permits, including permits for discharges to the waters of the state, or
12any other form of approval related to water quality or quantity.
AB64-ASA1,579,1313 c. Impose any restriction related to water quality or quantity.
AB64-ASA1,579,1414 d. Impose any requirements related to monitoring of water quality or quantity.
AB64-ASA1,580,315 2. A political subdivision may require the operator of a quarry to conduct and
16provide water quality and quantity baseline testing and ongoing quality testing, to
17occur not more frequently than annually, of all wells within 1,000 feet of the
18perimeter of a quarry site when a new high capacity well is added to an existing
19quarry site or a new quarry site is established. A testing requirement under this
20subdivision may not impose any standard that is more stringent than the standards
21for groundwater quality required by rules promulgated by the department of natural
22resources. The political subdivision may request a report of well testing results
23within 30 days of the completion of testing and the quarry operator shall provide the
24results within that time. Any person offered the opportunity to have a well tested
25under this subdivision but who knowingly refuses testing waives any claim against

1a quarry operator related to the condition of the well if, within 90 days of the offer,
2the quarry operator records with the register of deeds for the county in which the well
3is located a written and sworn certification that the person refused the offer.
AB64-ASA1,580,64 3. A political subdivision that imposes a requirement to conduct any ongoing
5water quality or quantity testing of wells adjacent to existing quarry sites prior to
6the effective date of this subdivision .... [LRB inserts date], may continue to do so.
AB64-ASA1,580,87 4. A political subdivision may take actions related to water quality or quantity
8that are specifically required or authorized by state law.
AB64-ASA1,580,149 5. A political subdivision may enforce properly adopted local water regulations
10but may suspend a permit for a violation of state law or rules promulgated by the
11department of natural resources relating to water quality or quantity only if the
12department of natural resources determines that a violation of state law or rules has
13occurred and only for the duration of the violation, as determined by the department
14of natural resources.
AB64-ASA1,580,1715 (e) Air quality. 1. Notwithstanding s. 285.73, and except as provided under
16subds. 2. to 4., a political subdivision may not do any of the following with respect to
17the operation of a quarry:
AB64-ASA1,580,2018 a. Establish or enforce an ambient air quality standard, standard of
19performance for new stationary sources, or other emission limitation related to air
20quality.
AB64-ASA1,580,2121 b. Issue permits or any other form of approval related to air quality.
AB64-ASA1,580,2222 c. Impose any restriction related to air quality.
AB64-ASA1,580,2323 d. Impose any requirement related to monitoring air quality.
AB64-ASA1,581,3
12. A political subdivision may require the operator of a quarry to use best
2management practices to limit off-site fugitive dust and may enforce properly
3adopted fugitive dust regulations.
AB64-ASA1,581,54 3. A political subdivision may take actions related to air quality that are
5specifically required or authorized by state law.
AB64-ASA1,581,106 4. A political subdivision may suspend a permit for a violation of state law or
7rules promulgated by the department of natural resources relating to air quality only
8if the department of natural resources determines that a violation of state law or
9rules has occurred and only for the duration of the violation, as determined by the
10department of natural resources.
AB64-ASA1,581,1411 (f) Noise. A political subdivision may not limit the noise emitted from a quarry
12site, as measured off the property where the quarry is located without the use of a
13hearing protector, to be less than 76.5 percent of the decibel standards established
14under 30 CFR 62.100 to 62.190.
AB64-ASA1,581,1615 (g) Quarry production. A political subdivision may not limit any of the
16following:
AB64-ASA1,581,1717 1. The quantity of minerals extracted from or processed by a quarry.
AB64-ASA1,581,1818 2. The depth of mineral extraction at a quarry.
AB64-ASA1,581,2119 3. The number of truck loads that exits a quarry or the number of trucks that
20enters a quarry unless the purpose of the limit is to protect the structural condition
21of a roadway within the political subdivision.
AB64-ASA1,581,2222 4. The times that any of the following may occur:
AB64-ASA1,582,223 a. Quarry operations if the materials produced by the quarry will be used in
24a public works project that requires construction work to be performed during the
25night or an emergency repair except that a political subdivision may limit the

1number of consecutive days that a quarry operator may conduct quarry operations
2during the hours of darkness to 5 consecutive days.
AB64-ASA1,582,33 b. The transportation of unloaded equipment within a quarry.
AB64-ASA1,582,44 c. Maintenance of vehicles, equipment, or buildings at a quarry.
AB64-ASA1,582,55 d. Administrative activities at a quarry.
AB64-ASA1,582,86 e. Entry of unloaded trucks into a quarry at the times during which a quarry
7is permitted to operate unless the purpose of the limit is to protect the structural
8condition of a roadway within the political subdivision.
AB64-ASA1,582,109 5. The hours of quarry operations conducted at a quarry to less than 72 hours
10per week, excluding hours on Sundays and holidays.
AB64-ASA1,582,1311 (h) Setbacks. 1. A political subdivision may not establish a setback
12requirement for quarry operations that is more than 200 feet from the boundary of
13the property of a quarry.
AB64-ASA1,582,1714 2. Notwithstanding subd. 1., a political subdivision that enacts an ordinance
15imposing setback requirements shall allow a quarry operator to conduct quarry
16operations nearer to the boundary of the property of the quarry than the distance of
17the setback requirement if all of the following apply:
AB64-ASA1,582,1918 a. Each property owner of a lot that is located within 200 feet of the boundary
19of a quarry consents in writing to that conduct of quarry operations.
AB64-ASA1,582,2120 b. The quarry operator provides the clerk of the political subdivision with a copy
21of the written agreement under subd. 2. a.
AB64-ASA1,582,2422 c. The quarry operator records the written agreement under subd. 2. a. against
23the property described in subd. 2. a. in the office of the register of deeds for the county
24in which the land is located.
AB64-ASA1,583,3
1(i) Quarry permit requirements. 1. A political subdivision may not add a
2condition to a permit during the duration of the permit unless the permit holder
3consents.
AB64-ASA1,583,84 2. If a political subdivision requires a quarry to comply with another political
5subdivision's ordinance as a condition for obtaining a permit, the political
6subdivision that grants the permit may not require the quarry operator to comply
7with a provision of the other political subdivision's ordinance that is enacted after the
8permit is granted and while the permit is in effect.
AB64-ASA1,583,129 3. a. A town may not require, as a condition for granting a permit to a quarry
10operator, that the quarry operator satisfy a condition that a county requires in order
11to grant a permit that is imposed by a county ordinance enacted after the county
12grants a permit to the quarry operator.
AB64-ASA1,583,1613 b. A county may not require, as a condition for granting a permit to a quarry
14operator, that the quarry operator satisfy a condition that a town requires in order
15to grant a permit that is imposed by a town ordinance enacted after the town grants
16a permit to the quarry operator.
AB64-ASA1,583,2117 4. a. Except as provided in subd. 4. b., a political subdivision shall, upon
18submission of a permit renewal application by a quarry operator, renew the permit
19if the permit has a duration of less than 10 years. As a condition of renewing a permit,
20a political subdivision may require that a quarry operator satisfy a condition that the
21law authorizes the political subdivision to require.
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