289.33(3)(fm)
(fm) "Preexisting local approval" means a local approval in effect at least 15 months prior to the submission to the department of either a feasibility report under
s. 289.23 or an initial site report, whichever occurs first.
289.33(3)(g)
(g) "Siting resolution" means the resolution adopted by an affected municipality under
sub. (6) (a).
289.33(4)
(4) Rules. The board may promulgate rules necessary for the implementation of this section.
289.33(5)
(5) Applicability of local approvals. 289.33(5)(a)(a) The establishment of facilities is a matter of statewide concern.
289.33(5)(b)
(b) An existing facility is not subject to any local approval except those local approvals made applicable to the facility under
pars. (c) to
(g).
289.33(5)(c)
(c) Except as provided under
par. (d), a new or expanded facility is subject to preexisting local approvals.
289.33(5)(d)
(d) A new or expanded facility is not subject to any preexisting local approvals which are specified as inapplicable in a negotiation agreement approved under
sub. (9) or an arbitration award issued under
sub. (10).
289.33(5)(e)
(e) Except as provided under
par. (f), a new or expanded facility is not subject to any local approvals which are not preexisting local approvals.
289.33(5)(f)
(f) A new or expanded facility is subject to local approvals which are not preexisting local approvals if they are specified as applicable in a negotiation agreement approved under
sub. (9).
289.33(5)(g)
(g) This subsection applies to a new or expanded facility owned or operated by a county in the same manner it applies to all other new or expanded facilities.
289.33(6)(a)(a)
Municipal participation. An affected municipality may participate in the negotiation and arbitration process under this section if the governing body adopts a siting resolution and appoints members to the local committee within 60 days after the municipality receives the written request from the applicant under
s. 289.22 (1m) and if the municipality sends a copy of that resolution and the names of those members to the board within 7 days after the municipality adopts the siting resolution and appoints members to the local committee. The siting resolution shall state the affected municipality's intent to negotiate and, if necessary, arbitrate with the applicant concerning the proposed facility. An affected municipality which does not adopt a siting resolution within 60 days after receipt of notice from the applicant may not appoint members to the local committee.
289.33(6)(b)
(b)
Notification of participation. Within 5 days after the board receives copies of resolutions and names of members appointed to the local committee from all affected municipalities or within 72 days after all affected municipalities receive the written request under
s. 289.22 (1m), the board shall submit a notification of participation by certified mail to the applicant and each participating municipality identifying the participating municipalities and the members appointed to the local committee and informing the applicant and participating municipalities that negotiations may commence or, if no affected municipality takes the actions required to participate in the negotiation and arbitration process under
par. (a), the board shall notify the applicant of this fact by certified mail within that 72-day period.
289.33(6)(c)
(c)
Revised notification of participation. If the board issues a notice under
par. (b) and subsequently it is necessary for the applicant to submit a written request under
s. 289.22 (1m) to an additional affected municipality because of an error or changes in plans, the board may issue an order delaying negotiations until that affected municipality has an opportunity to participate in the negotiation and arbitration process by taking action under
par. (a). Within 5 days after the board receives a copy of the resolution and the names of members appointed to the local committee by that affected municipality or within 72 days after that affected municipality receives the written request from the applicant under
s. 289.22 (1m), the board shall submit a revised notification of participation by certified mail to the applicant and each participating municipality stating the participating municipalities and members appointed to the local committee and informing the applicant and participating municipalities that negotiations may recommence or if the additional affected municipality does not take the actions required to participate in the negotiation and arbitration process under
par. (a), the board shall notify the applicant and other participating municipalities of this fact by certified mail and informing them that negotiations may recommence.
289.33(6)(d)
(d)
Rescission. A siting resolution may be rescinded at any time by a resolution of the governing body of the municipality which adopted it. When a siting resolution is rescinded, individuals appointed by the governing body of the municipality to serve on the local committee are removed from membership on the local committee.
289.33(6)(e)
(e)
Prohibition on participation by municipality which is also applicant. An affected municipality which is also the applicant or which contracts with the applicant to construct or operate a facility may not adopt a siting resolution.
289.33(6)(f)
(f)
Failure to participate. If no affected municipality takes the actions required to participate in the negotiation and arbitration process under
par. (a), the applicant may continue to seek state approval of the facility, is not required to negotiate or arbitrate under this section and the facility is not subject to any local approval, notwithstanding
sub. (5).
289.33(6)(g)
(g)
Extension for filing. If the governing body of an affected municipality adopts a siting resolution under
par. (a) or
(b), and if the affected municipality does not send a copy of the siting resolution to the applicant and the board within 7 days, the board may grant an extension of time to allow the affected municipality to send a copy of the siting resolution to the applicant and the board, if the board determines that:
289.33(6)(g)1.
1. The municipality failed to send the siting resolution through mistake, inadvertence or excusable neglect; and
289.33(6)(g)2.
2. The granting of an extension will not create a significant hardship for other parties to the negotiation and arbitration process.
289.33(7)(a)(a)
Appointment of members. Members of the local committee shall be appointed by the governing body of each affected municipality passing a siting resolution, as follows:
289.33(7)(a)1.
1. A town, city or village in which all or part of a facility is proposed to be located shall appoint 4 members or the number of members appointed under
subds. 1m. and
2. plus 2, whichever is greater, no more than 2 of whom are elected officials or municipal employees.
289.33(7)(a)1m.
1m. A county in which all or part of a facility is proposed to be located shall appoint 2 members.
289.33(7)(a)2.
2. Any affected municipality, other than those specified under
subd. 1. or
1m., shall appoint one member.
289.33(7)(b)
(b)
Disclosure of private interests. Each member of a local committee shall file a statement with the board within 15 days after the person is appointed to the local committee specifying the economic interests of the member and his or her immediate family members that would be affected by the proposed facility and its development.
289.33(7)(c)
(c)
Failure to disclose private interests. If a person fails to file a statement of economic interest as required under
par. (b), he or she may not serve on the local committee and the position to which he or she was appointed is vacant.
289.33(7)(d)
(d)
Removal; vacancies. A participating municipality may remove and replace at will the members it appoints to the local committee. Vacancies on the local committee shall be filled in the same manner as initial appointments.