2017 Wisconsin Act 59

66.0304 (9) (b) The state and the political subdivisions who are parties to the agreement creating a commission under this section, the members, and the political subdivisions approving financing under sub. (11) (a) are not liable on bonds or any other contract entered into under this section, or for any other debt, obligation, or liability of the commission or a business entity created under sub. (4e), whether in tort, contract, or otherwise.

59,984gv Section 984gv. 66.0304 (9) (c) of the statutes is amended to read:

66.0304 (9) (c) The bonds are not a debt of the state or the political subdivisions contracting to create a commission under this section, the members, or the political subdivisions approving financing under sub. (11) (a). A bond issue under this section does not obligate the state or a political subdivision to levy any tax or make any appropriation for payment of the bonds. All bonds issued by a commission are payable solely from the funds pledged for their payment in accordance with the bond resolution or, trust agreement or, indenture, or other agreement providing for their issuance. All bonds shall contain, on their face, a statement regarding the obligations of the state, the political subdivisions who are parties to the agreement creating the commission, the members, the political subdivisions approving financing under sub. (11) (a), and the commission as set forth in this paragraph.

59,984gw Section 984gw. 66.0304 (9) (d) of the statutes is created to read:

66.0304 (9) (d) Projects not located in this state that are financed or refinanced by bonds of a commission, including any project owned, operated, leased from or to, or otherwise controlled by a participant or by the commission, are not considered public projects of this state, and are not subject to procurement, contracting, construction, tax, acquisition, construction, or improvements laws of this state that are applicable to public projects.

59,984gx Section 984gx. 66.0304 (10) (b) of the statutes is amended to read:

66.0304 (10) (b) A commission shall maintain an accounting system in accordance with generally accepted accounting principles and shall have its financial statements and debt covenants audited annually by an independent certified public accountant, except that the commission by a unanimous vote may decide to have an audit performed under this paragraph every 2 years.

59,984gy Section 984gy. 66.0304 (10) (d) of the statutes is created to read:

66.0304 (10) (d) Within 30 days of the close of each calendar quarter, a commission and any entity created under sub. (4e) shall file a report with the secretary of administration and the legislative audit bureau containing information showing the amount of bonds issued by the commission and any such entity in the previous quarter, the names of the borrowers and the project associated with the bonds, the types of bonds that were issued, the location of the project associated with the bonds, and a statement of the bond issuance fees that the commission and any such entity received in relation to each of the bond issues identified in the report.

59,984h Section 984h. 66.0304 (11) (a) of the statutes is renumbered 66.0304 (11) (a) 1. (intro.) and amended to read:

66.0304 (11) (a) 1. (intro.) A Except as provided in subd. 2., a commission may not issue bonds to finance a capital improvement project in any state or territory of the United States unless a political subdivision within whose boundaries the project is to be located has approved the financing of the project. A commission may not issue bonds to finance a capital improvement project in this state unless all of the political subdivisions within whose boundaries the project is to be located has have approved the financing of the project. An approval under this paragraph subdivision may be made by the one of the following:

a. The governing body of the political subdivision or, except or its designee.

b. Except for a 1st class city or a county in which a 1st class city is located, by the highest ranking executive or administrator of the political subdivision or his or her designee.

59,984hb Section 984hb. 66.0304 (11) (a) 1. c. of the statutes is created to read:

66.0304 (11) (a) 1. c. An applicable elected representative of the political subdivision, if any, as defined in section 147 (f) (2) (E) of the Internal Revenue Code, except that for a 1st class city, or a county in which a 1st class city is located, such approval may be given only by the governing body of the city or county.

59,984hc Section 984hc. 66.0304 (11) (a) 2. of the statutes is created to read:

66.0304 (11) (a) 2. Except for financing a capital improvement project in this state, the commission may issue bonds to finance a capital improvement project without receiving the approval under subd. 1. if the financing is approved in accordance with section 147 (f) of the Internal Revenue Code.

59,984hd Section 984hd. 66.0304 (11) (a) 3. of the statutes is created to read:

66.0304 (11) (a) 3. Bonds issued under this section are not considered issued for the purpose of financing a capital improvement project if the bond proceeds are used for any of the following purposes:

a. To finance a facility if the facility was placed in service for federal tax purposes by the participant or a related person prior to the commission issuing the bonds and if no more than 10 percent of the bond proceeds are used to finance the construction, expansion, rehabilitation, renovation, or remodeling of capital improvements.

b. To finance the acquisition of a facility, by a participant or by the commission, if no more than 10 percent of the bond proceeds are used to finance the construction, expansion, rehabilitation, renovation, or remodeling of the facility.

c. To finance the commission's purchase either of bonds issued by a different issuer or of leases or contracts from a 3rd-party provider, and those bonds, leases, or contracts are used or were used to finance in whole or in part the construction, expansion, rehabilitation, renovation, or remodeling of real or tangible personal property.

59,984he Section 984he. 66.0304 (11) (bm) of the statutes is amended to read:

66.0304 (11) (bm) A project may be located outside of the United States or outside a territory of the United States if the any participant or borrower, including a co-borrower, of proceeds of bonds issued to finance or refinance the project in whole or in part is incorporated organized under the laws of and has its principal place of business in any state or territory of the United States or a territory of the United States. To the extent that this paragraph applies to a borrower, it also applies to a participant if the participant is a nongovernmental entity.

59,984hf Section 984hf. 66.0304 (11) (c) of the statutes is amended to read:

66.0304 (11) (c) Any action brought to challenge the validity of the issuance of a bond under this section, or the enforceability of a contract entered into under this section, must be commenced in circuit court within 30 days of the commission adopting a resolution authorizing the issuance of the bond or the execution of the contract or be barred. Section 893.77 does not apply to bonds issued under this section.

59,984hg Section 984hg. 66.0304 (12) of the statutes is amended to read:

66.0304 (12) State Pledge. The state pledges to and agrees with the bondholders, and persons that enter into contracts with a commission under this section, that the state will not limit, impair, or alter the rights and powers vested in a commission by this section, including the rights and powers under sub. (4), before the commission has met and discharged the bonds, and any interest due on the bonds, and has fully performed its contracts, unless adequate provision is made by law for the protection of the bondholders or those entering into contracts with a commission. The commission may include this pledge in a contract with bondholders. The pledge and agreement described in this subsection do not create any liability on any bonds or contracts of the commission on the part of the state, the members, or any other political subdivision of the state, or any political subdivision approving financing under sub. (11) (a), which liability shall be expressly limited as provided in sub. (9).

59,984ht Section 984ht. 66.0307 (3) (d) 4m. of the statutes is created to read:

66.0307 (3) (d) 4m. Identify all highways within the territory covered by the plan of which each participating municipality has jurisdiction.

59,984i Section 984i. 66.0307 (6) of the statutes is amended to read:

66.0307 (6) Binding elements of cooperative plan. If a cooperative plan is approved by the department under sub. (5) or an amended plan is approved under sub. (8), provisions in the plan to maintain existing boundaries, the boundary changes in the plan, the schedule for those changes, the plan for delivery of services, including road maintenance, and the schedule for those services are binding on the parties to the plan and have the force and effect of a contract.

59,984ig Section 984ig. 66.0414 of the statutes is created to read:

66.0414 Quarry operations. (1) Construction. (a) Nothing in this section may be construed to affect the authority of a political subdivision to regulate land use for a purpose other than quarry operations.

(b) Nothing in this section may be construed to exempt a quarry from a regulation of general applicability placed by a political subdivision that applies to other property in the political subdivision that is not a quarry unless the regulation is inconsistent with this section.

(c) Except for making unenforceable, under sub. (4) (b), (d), or (f), an ordinance or other limit on quarry operations, this section may not be interpreted to affect a legal claim that involves an ordinance or other limit on quarry operations that is in effect on January 1, 2017.

(2) Definitions. In this section:

(a) “Permit” means a form of approval granted by a political subdivision for the operation of a quarry.

(b) “Political subdivision” means a city, village, town, or county.

(c) “Public works project” means a federal, state, county, or municipal project that involves the construction, maintenance, or repair of a public transportation facility or other public infrastructure and in which nonmetallic minerals are used.

(d) “Quarry” means the surface area from which nonmetallic minerals, including soil, clay, sand, gravel, and construction aggregate, that are used primarily for a public works project or a private construction or transportation project are extracted and processed.

(e) “Quarry operations” means the extraction and processing of minerals at a quarry and all related activities, including blasting, vehicle and equipment access to the quarry, and loading and hauling of material to and from the quarry.

(3) Limitations on local regulation. (a) Permits. 1. Consistent with the requirements and limitations in this subsection, except as provided in subd. 2. or 3., a political subdivision may require a quarry operator to obtain a zoning or non-zoning permit to conduct quarry operations.

2. a. Except as provided in subd. 2. b., a political subdivision may not require a quarry operator to obtain a zoning or non-zoning permit if the quarry operator conducts quarry operations at a quarry unless the political subdivision enacts an ordinance that requires the permit.

b. A political subdivision may require a quarry operator to obtain a permit to conduct quarry operations at a nonconforming quarry site, as defined in s. 59.69 (10) (ab) 2., if quarry operations at the nonconforming quarry site have been previously discontinued for a period of 12 consecutive months after the political subdivision enacted the permit requirement.

3. A political subdivision may not require a quarry operator to obtain a zoning or non-zoning permit to conduct quarry operations unless the political subdivision enacts an ordinance that requires the permit.

(b) Applicability of local limit. If a political subdivision enacts a non-zoning ordinance regulating the operation of a quarry that was not in effect when quarry operations began at a quarry, the limit does not apply to that quarry or to land that, as of the effective date of this subdivision .... [LRB inserts date], is contiguous, as defined in s. 59.69 (10) (ab) 1., to the land on which the quarry is located, is under the common ownership, leasehold, or control of the person who owns, leases, or controls the land on which the quarry is located, and is located in the same political subdivision.

(c) Blasting. 1. In this paragraph:

a. “Affected area” means an area within a certain radius of a blasting site that may be affected by a blasting operation, as determined using a formula established by the department of safety and professional services by rule that takes into account a scaled-distance factor and the weight of explosives to be used.

b. “Airblast” means an airborne shock wave caused by a blast.

c. “Flyrock” means rock that is propelled through the air as a result of a blast.

d. “Ground vibration” means a shaking of the ground caused by the elastic wave emanating from a blast.

2. Except as provided under subds. 3. and 4., a political subdivision may not limit blasting at a quarry.

3. A political subdivision may require the operator of a quarry to do any of the following:

a. Before beginning a blasting operation at the quarry, provide notice of the blasting operation to each political subdivision in which any part of the quarry is located and to owners of dwellings or other structures within the affected area.

b. Before beginning a blasting operation at the quarry, cause a 3rd party to conduct a building survey of any dwellings or other structures within the affected area.

c. Before beginning a blasting operation at the quarry, cause a 3rd party to conduct a survey of and test any wells within the affected area.

d. Maintain records and prepare and submit reports related to blasting operations at the quarry.

e. Comply with other properly adopted local blasting regulations that are not related to airblast, flyrock, or ground vibration.

4. A political subdivision may suspend a permit for a violation of the requirements under s. 101.15 relating to blasting and rules promulgated by the department of safety and professional services under s. 101.15 (2) (e) relating to blasting only if the department of safety and professional services determines that a violation of the requirements or rules has occurred and only for the duration of the violation as determined by the department of safety and professional services.

(d) Water quality or quantity. 1. Except as provided under subds. 2. to 5., a political subdivision may not do any of the following with respect to the operation of a quarry:

a. Establish or enforce a water quality standard.

b. Issue permits, including permits for discharges to the waters of the state, or any other form of approval related to water quality or quantity.

c. Impose any restriction related to water quality or quantity.

d. Impose any requirements related to monitoring of water quality or quantity.

2. A political subdivision may require the operator of a quarry to conduct and provide water quality and quantity baseline testing and ongoing quality testing, to occur not more frequently than annually, of all wells within 1,000 feet of the perimeter of a quarry site when a new high capacity well is added to an existing quarry site or a new quarry site is established. A testing requirement under this subdivision may not impose any standard that is more stringent than the standards for groundwater quality required by rules promulgated by the department of natural resources. The political subdivision may request a report of well testing results within 30 days of the completion of testing and the quarry operator shall provide the results within that time. Any person offered the opportunity to have a well tested under this subdivision but who knowingly refuses testing waives any claim against a quarry operator related to the condition of the well if, within 90 days of the offer, the quarry operator records with the register of deeds for the county in which the well is located a written and sworn certification that the person refused the offer.

3. A political subdivision that imposes a requirement to conduct any ongoing water quality or quantity testing of wells adjacent to existing quarry sites prior to the effective date of this subdivision .... [LRB inserts date], may continue to do so.

4. A political subdivision may take actions related to water quality or quantity that are specifically required or authorized by state law.

5. A political subdivision may enforce properly adopted local water regulations but may suspend a permit for a violation of state law or rules promulgated by the department of natural resources relating to water quality or quantity only if the department of natural resources determines that a violation of state law or rules has occurred and only for the duration of the violation, as determined by the department of natural resources.

(e) Air quality. 1. Notwithstanding s. 285.73, and except as provided under subds. 2. to 4., a political subdivision may not do any of the following with respect to the operation of a quarry:

a. Establish or enforce an ambient air quality standard, standard of performance for new stationary sources, or other emission limitation related to air quality.

b. Issue permits or any other form of approval related to air quality.

c. Impose any restriction related to air quality.

d. Impose any requirement related to monitoring air quality.

2. A political subdivision may require the operator of a quarry to use best management practices to limit off-site fugitive dust and may enforce properly adopted fugitive dust regulations.

3. A political subdivision may take actions related to air quality that are specifically required or authorized by state law.

4. A political subdivision may suspend a permit for a violation of state law or rules promulgated by the department of natural resources relating to air quality only if the department of natural resources determines that a violation of state law or rules has occurred and only for the duration of the violation, as determined by the department of natural resources.

(f) Noise. A political subdivision may not limit the noise emitted from a quarry site, as measured off the property where the quarry is located without the use of a hearing protector, to be less than 76.5 percent of the decibel standards established under 30 CFR 62.100 to 62.190.

(g) Quarry production. A political subdivision may not limit any of the following:

1. The quantity of minerals extracted from or processed by a quarry.

2. The depth of mineral extraction at a quarry.

3. The number of truck loads that exits a quarry or the number of trucks that enters a quarry unless the purpose of the limit is to protect the structural condition of a roadway within the political subdivision.

4. The times that any of the following may occur:

a. Quarry operations if the materials produced by the quarry will be used in a public works project that requires construction work to be performed during the night or an emergency repair except that a political subdivision may limit the number of consecutive days that a quarry operator may conduct quarry operations during the hours of darkness to 5 consecutive days.

b. The transportation of unloaded equipment within a quarry.

c. Maintenance of vehicles, equipment, or buildings at a quarry.

d. Administrative activities at a quarry.

e. Entry of unloaded trucks into a quarry at the times during which a quarry is permitted to operate unless the purpose of the limit is to protect the structural condition of a roadway within the political subdivision.

5. The hours of quarry operations conducted at a quarry to less than 72 hours per week, excluding hours on Sundays and holidays.