SB349,10,2
1281.125 Limitation on local authority. (1) Except as provided in sub. (2),
2a municipality may not do any of the following:
SB349,10,33 (a) Establish or enforce a standard of water quality.
SB349,10,54 (b) Issue permits, including permits for discharges to the waters of the state,
5or any other form of approval related to water quality or quantity.
SB349,10,66 (c) Impose any restriction related to water quality or quantity.
SB349,10,77 (d) Impose any requirement related to monitoring water quality or quantity.
SB349,10,9 8(2) (a) A municipality may take actions related to water quality or quantity that
9are specifically required or authorized by another statute.
SB349,10,1110 (b) A municipality may not use s. 59.03 (2) (a), 59.54 (6), 60.10 (2) (c), 61.34, or
1162.11 (5) as the basis for taking an action under par. (a).
SB349,16 12Section 16. 285.11 (3) of the statutes is repealed.
SB349,17 13Section 17. 285.73 of the statutes is repealed.
SB349,18 14Section 18. 285.74 of the statutes is created to read:
SB349,10,16 15285.74 Limitation on local authority. (1) Except as provided in sub. (2) (a),
16a municipality may not do any of the following:
SB349,10,1917 (a) Establish or enforce an ambient air quality standard, standard of
18performance for new stationary sources, or other emission limitation related to air
19quality.
SB349,10,2020 (b) Issue permits or any other form of approval related to air quality.
SB349,10,2121 (c) Impose any restriction related to air quality.
SB349,10,2222 (d) Impose any requirement related to monitoring air quality.
SB349,10,23 23(2) (a) A municipality may do any of the following:
SB349,10,2524 1. Take actions related to air quality that are specifically required or authorized
25by another statute.
SB349,11,1
12. Regulate open burning.
SB349,11,32 (b) A municipality may not use s. 59.03 (2) (a), 59.54 (6), 60.10 (2) (c), 61.34, or
362.11 (5) as the basis for taking an action under par. (a) 1.
SB349,19 4Section 19. 285.75 of the statutes is repealed.
SB349,20 5Section 20. 295.12 (2) (e) of the statutes is created to read:
SB349,11,96 295.12 (2) (e) The department may not establish nonmetallic mining
7reclamation standards under sub. (1) (a) relating to water quality or quantity or air
8quality that are more restrictive than chs. 160, 280, 281, 283, or 285 or rules
9promulgated under those chapters.
SB349,21 10Section 21. 295.13 (1) (b) of the statutes is created to read:
SB349,11,1211 295.13 (1) (b) Restrictions on ordinances. A county may not enact or enforce
12provisions in an ordinance under par. (a) that do any of the following:
SB349,11,1313 1. Specify a standard of water quality or air quality.
SB349,11,1514 2. Require an operator to obtain a permit or other form of approval in addition
15to a nonmetallic mining reclamation permit.
SB349,11,1716 3. Impose any requirement related to monitoring water quality or quantity or
17air quality.
SB349,11,1918 4. With respect to water quality or quantity or air quality, are more restrictive
19than the standards under s. 295.12 (1) (a).
SB349,11,2120 5. With respect to water quality or quantity or air quality, are more restrictive
21than chs. 160, 280, 281, 283, or 285 and rules promulgated under those chapters.
SB349,22 22Section 22. 295.14 (1) of the statutes is renumbered 295.14 (1) (a).
SB349,23 23Section 23. 295.14 (1) (b) of the statutes is created to read:
SB349,11,2524 295.14 (1) (b) A city, village, or town may not enact or enforce provisions in an
25ordinance under par. (a) that do any of the following:
SB349,12,1
11. Specify a standard of water quality or air quality.
SB349,12,32 2. Require an operator to obtain a permit or other form of approval in addition
3to a nonmetallic mining reclamation permit.
SB349,12,54 3. Impose any requirement related to monitoring water quality or quantity or
5air quality.
SB349,12,76 4. With respect to water quality or quantity or air quality, are more restrictive
7than the standards under s. 295.12 (1) (a).
SB349,12,98 5. With respect to water quality or quantity or air quality, are more restrictive
9than chs. 160, 280, 281, 283, or 285 and rules promulgated under those chapters.
SB349,24 10Section 24. 349.03 (2r) of the statutes is created to read:
SB349,12,1211 349.03 (2r) (a) In this subsection, "governmental unit" means a county, city,
12village, or town.
SB349,12,1513 (b) Except as provided in pars. (c) to (e), a governmental unit may not impose
14any fee or other charge on a highway user under the jurisdiction of the governmental
15unit.
SB349,12,1916 (c) A governmental unit may enter into a contract with a highway user that
17requires the highway user to reimburse the governmental unit for the cost of repairs
18to a highway necessitated by actual damage to the highway caused by the highway
19user if the contract includes all of the following requirements:
SB349,12,2120 1. The repairs to the highway are completed before reimbursement is required
21by the highway user.
SB349,12,2522 2.   The proportion of damages to the highway caused specifically by the
23highway user and the cost of repairs attributable to that share of damages is
24determined by an engineer chosen by agreement of the governmental unit and the
25highway user.
SB349,13,2
13. The costs of the engineer's services under subd. 2. are paid in equal shares
2by the highway user and the governmental unit.
SB349,13,63 (d) 1. Subject to subd. 2., a contract under par. (c) may require that a highway
4user show proof of financial security sufficient to pay for the cost of repairs to a
5highway necessitated by actual damage to the highway specifically caused by the
6highway user.
SB349,13,87 2. The proof of financial security under subd. 1. is subject to all of the following
8requirements:
SB349,13,129 a.   The proof of financial security may not be required to be in an amount
10greater than the reasonable expected payments for damages expected to be caused
11during the 3 years following the date the amount of the financial security is
12determined.
SB349,13,1513 b.   The amount of financial security necessary to meet the requirement under
14subd. 2. a. shall be determined by an engineer chosen by agreement of the
15governmental unit and the highway user.
SB349,13,1716 c. The costs of the engineer's services under subd. 2. b. are paid in equal shares
17by the highway user and the governmental unit.
SB349,13,2118 d. The amount of financial security may not be required to be recalculated more
19often than once per year, unless the highway user proposes changes to the highway
20user's proposed highway use that was not anticipated in the last calculation of
21financial security.
SB349,13,2322 3. Proof of financial security under this paragraph may be provided in any form
23allowed under s. 295.12 (3) (g) or rules promulgated under that provision.
SB349,14,3
1(e) This subsection does not prohibit a governmental unit from imposing a fee
2in connection with the issuance of a permit authorized under ch. 348 or from
3imposing a fee for parking on any portion of a highway reserved for parking.
SB349,14,154 (f) A highway user that is a party to a highway use contract with a
5governmental unit that was executed before, and in effect on, the effective date of this
6paragraph .... [LRB inserts date], and that is inconsistent with the requirements of
7this subsection, may petition the governmental unit to modify the existing highway
8use contract, or replace it with a new contract, at any point during the remaining
9term of the existing contract. Upon receiving this petition, the governmental unit
10shall participate in good faith in modifying the existing contract or negotiating a new
11replacement contract. Upon execution of a modification of the existing contract, any
12inconsistent obligations of the governmental unit and the highway user under the
13existing contract terminate. Upon execution of a new replacement contract, the
14obligations of the governmental unit and the highway user under the existing
15contract terminate.
SB349,25 16Section 25. 349.16 (1) (c) of the statutes is amended to read:
SB349,14,2417 349.16 (1) (c) Order the owner or operator of any vehicle being operated on a
18highway to suspend operation if in its judgment such vehicle is causing or likely to
19cause injury to such highway or is visibly injuring the permanence thereof or the
20public investment therein, except when s. 84.20 is applicable or when the vehicle is
21being operated pursuant to a contract which provides that the governmental unit
22will be reimbursed for any damage done to the highway
described in s. 349.03 (2r)
23(c)
. Traffic officers also may order suspension of operation under the circumstances
24and subject to the limitations stated in this paragraph.
SB349,14,2525 (End)
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