2017 Wisconsin Act 59

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.

(h) Setbacks. 1. A political subdivision may not establish a setback requirement for quarry operations that is more than 200 feet from the boundary of the property of a quarry.

2. Notwithstanding subd. 1., a political subdivision that enacts an ordinance imposing setback requirements shall allow a quarry operator to conduct quarry operations nearer to the boundary of the property of the quarry than the distance of the setback requirement if all of the following apply:

a. Each property owner of a lot that is located within 200 feet of the boundary of a quarry consents in writing to that conduct of quarry operations.

b. The quarry operator provides the clerk of the political subdivision with a copy of the written agreement under subd. 2. a.

c. The quarry operator records the written agreement under subd. 2. a. against the property described in subd. 2. a. in the office of the register of deeds for the county in which the land is located.

(i) Quarry permit requirements. 1. A political subdivision may not add a condition to a permit during the duration of the permit unless the permit holder consents.

2. If a political subdivision requires a quarry to comply with another political subdivision's ordinance as a condition for obtaining a permit, the political subdivision that grants the permit may not require the quarry operator to comply with a provision of the other political subdivision's ordinance that is enacted after the permit is granted and while the permit is in effect.

3. a. A town may not require, as a condition for granting a permit to a quarry operator, that the quarry operator satisfy a condition that a county requires in order to grant a permit that is imposed by a county ordinance enacted after the county grants a permit to the quarry operator.

b. A county may not require, as a condition for granting a permit to a quarry operator, that the quarry operator satisfy a condition that a town requires in order to grant a permit that is imposed by a town ordinance enacted after the town grants a permit to the quarry operator.

4. a. Except as provided in subd. 4. b., a political subdivision shall, upon submission of a permit renewal application by a quarry operator, renew the permit if the permit has a duration of less than 10 years. As a condition of renewing a permit, a political subdivision may require that a quarry operator satisfy a condition that the law authorizes the political subdivision to require.

b. A political subdivision may deny the renewal of a permit having a duration of less than 10 years if the permit holder fails to cure a material violation of a condition of the permit after reasonable notice from the political subdivision of the violation and a reasonable opportunity for the operator to cure the violation.

(k) Mining permit requirements. A political subdivision may not impose a condition on a permit for quarry operations that is inconsistent with the requirements of this section or s. 295.12.

(4) Previous restrictions. (a) Except as provided in par. (b) or (d), and notwithstanding sub. (3), if a political subdivision has in effect on January 1, 2017, an ordinance that is more restrictive than this section, the political subdivision may maintain and enforce that ordinance.

(b) If a political subdivision has in effect on January 1, 2017, an ordinance that contains a prohibition or requirement that violates the prohibition or limitation under sub. (3) (c) 2., (d) 1., (e) 1., or (g) 4. a., the prohibition or requirement does not apply and may not be enforced.

(c) Except as provided in par. (d), and notwithstanding sub. (3), if a political subdivision has in effect on January 1, 2017, a requirement, not based on the political subdivision's authority under ch. 295, that a quarry operator obtain a non-zoning permit that is more restrictive than this section, the political subdivision may maintain and enforce that requirement if the political subdivision had authority to impose that requirement.

(d) A requirement described under par. (c) that violates the prohibition or limitation under sub. (3) (c) 2., (d) 1., (e) 1., or (g) 4. a. does not apply and may not be enforced.

(e) Notwithstanding sub. (3), a zoning or non-zoning permit that is held by a quarry operator and in effect on January 1, 2017, remains in effect for the duration of the permit.

(f) A condition that a political subdivision requires to be satisfied in order to grant a zoning or non-zoning permit that is in effect on January 1, 2017, does not apply and may not be enforced if either of the following applies:

1. The political subdivision does not have authority to require that the condition be satisfied in order to grant the zoning or non-zoning permit.

2. The condition violates the prohibition or limitation under sub. (3) (c) 2., (d) 1., (e) 1., or (g) 4. a.

59,984ij Section 984ij. 66.0414 (3) (f) of the statutes, as created by 2017 Wisconsin Act .... (this act), is amended to read:

66.0414 (3) (f) Noise. A political subdivision may not limit the noise emitted from a quarry, 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. A political subdivision may require trucks and other equipment that are owned or controlled by a quarry operator, when used in quarry operations during the hours of darkness, to use a white noise alarm instead of a beeping alarm for worker and vehicle safety.

59,984j Section 984j. 66.0433 (title) of the statutes is amended to read:

66.0433 (title) Licenses for nonintoxicating and soda water beverages.