Wisconsin Legislature: 9,760t

9,743 Section 743. 50.04 (2i) of the statutes is repealed.

9,744 Section 744. 50.04 (2m) of the statutes is repealed.

9,745 Section 745. 50.06 (7) of the statutes is amended to read:

50.06 (7) An individual who consents to an admission under this section may request that an assessment be conducted for the incapacitated individual under the long-term support community options program under s. 46.27 (6) or, if the secretary has certified under s. 46.281 (3) that a resource center is available for the individual, a functional screening and a financial and cost-sharing screening to determine eligibility for the family care benefit under s. 46.286 (1). If admission is sought on behalf of the incapacitated individual or if the incapacitated individual is about to be admitted on a private pay basis, the individual who consents to the admission may waive the requirement for a financial and cost-sharing screening under s. 46.283 (4) (g), unless the incapacitated individual is expected to become eligible for medical assistance within 6 months.

9,747 Section 747. 51.06 (8) (b) 6. of the statutes is amended to read:

51.06 (8) (b) 6. The extent of Medical Assistance provided to relocated or diverted individuals that is in addition to Medical Assistance provided to the individuals under s. 46.27 (11), 46.275, 46.277, or 46.278, as a family care benefit under ss. 46.2805 to 46.2895, or under any other home-based or community-based program for which the department has received a waiver under 42 USC 1396n (c).

9,748 Section 748. 51.42 (3) (ar) 3. of the statutes is amended to read:

51.42 (3) (ar) 3. Plan for and establish a community developmental disabilities program to deliver the services required under s. 51.437 if, under s. 51.437 (4g) (b), the county board of supervisors in a county with a single-county department of community programs or the county boards of supervisors in counties with a multicounty department of community programs transfer the powers and duties of the county department under s. 51.437 to the county department of community programs. The county board of supervisors in a county with a single-county department of community programs and the county boards of supervisors in counties with a multicounty department of community programs may designate the county department of community programs to which these powers and duties have been transferred as the administrative agency of the long-term support community options program under s. 46.27 (3) (b) 1. and 5. and the community integration programs under ss. 46.275, 46.277 and 46.278.

9,749 Section 749. 51.421 (1) of the statutes is amended to read:

51.421 (1) Purpose. In order to provide the least restrictive and most appropriate care and treatment for persons with serious and persistent mental illness, community support programs should be available in all parts of the state. In order to integrate community support programs with other long-term care programs, community support programs shall be coordinated, to the greatest extent possible, with the community options program under s. 46.27, with the protective services system in a county, with the medical assistance program under subch. IV of ch. 49 and with other care and treatment programs for persons with serious and persistent mental illness.

9,750 Section 750. 51.422 (1) of the statutes is amended to read:

51.422 (1) Program creation. The department shall create 2 or 3 new, regional comprehensive opioid treatment programs, and in the 2017-19 fiscal biennium, shall create 2 or 3 additional regional comprehensive opioid and methamphetamine treatment programs, to provide treatment for opioid and opiate addiction and methamphetamine addiction in underserved, high-need areas. The department shall obtain and review proposals for opioid and methamphetamine treatment programs in accordance with its request-for-proposal procedures. A program under this section may not offer methadone treatment.

9,751 Section 751. 51.422 (2) of the statutes is amended to read:

51.422 (2) Program components. An opioid or methamphetamine treatment program created under this section shall offer an assessment to individuals in need of service to determine what type of treatment is needed. The program shall transition individuals to a certified residential program, if that level of treatment is necessary. The program shall provide counseling, medication-assisted treatment, including both long-acting opioid antagonist and partial agonist medications that have been approved by the federal food and drug administration if for treating opioid addiction, and abstinence-based treatment. The program shall transition individuals who have completed treatment to county-based or private post-treatment care.

9,752 Section 752. 51.441 of the statutes is created to read:

51.441 Comprehensive mental health consultation program. The department shall convene a statewide group of interested persons, including at least one representative of the Medical College of Wisconsin, to develop a concept paper, business plan, and standards for a comprehensive mental health consultation program that incorporates general psychiatry, geriatric psychiatry, addiction medicine and psychiatry, a perinatal psychiatry consultation program, and the child psychiatry consultation program under s. 51.442.

9,753 Section 753. 54.21 (2) (g) of the statutes is amended to read:

54.21 (2) (g) The current and likely future effect of the proposed transfer of assets on the ward's eligibility for public benefits, including medical assistance or a benefit under s. 46.27.

9,754 Section 754. 54.34 (1) (k) of the statutes is amended to read:

54.34 (1) (k) Whether the proposed ward is a recipient of a public benefit, including medical assistance or a benefit under s. 46.27.

9,760c Section 760c. 59.69 (10) (ab) of the statutes is renumbered 59.69 (10) (ab) (intro.) and amended to read:

59.69 (10) (ab) (intro.) In this subsection “ nonconforming use":

3. “Nonconforming use” means a use of land, a dwelling, or a building that existed lawfully before the current zoning ordinance was enacted or amended, but that does not conform with the use restrictions in the current ordinance.

9,760g Section 760g. 59.69 (10) (ab) 1. of the statutes is created to read:

59.69 (10) (ab) 1. “Contiguous” means sharing a common boundary or being separated only by a waterway, section line, public road, private road, transportation right-of-way, or utility right-of-way.

9,760k Section 760k. 59.69 (10) (ab) 1m. of the statutes is created to read:

59.69 (10) (ab) 1m. “Contiguous parcel” means any parcel of land, up to a cumulative limit of 80 acres, that, as of January 1, 2001, is contiguous to and is located in the same political subdivision as land on which a quarry existed lawfully before the quarry became a nonconforming use, 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 shown to have been intended for quarry operations prior to the effective date of the ordinance that rendered the use nonconforming. For purposes of this subdivision, if the contiguous parcel of land was commonly owned, leased, or controlled on January 1, 2001, there is a presumption that the contiguous parcel of land was intended for quarry operations prior to the effective date of the ordinance that rendered the use nonconforming.

9,760p Section 760p. 59.69 (10) (ab) 2. of the statutes is created to read:

59.69 (10) (ab) 2. “Nonconforming quarry site” means land on which a quarry existed lawfully before the quarry became a nonconforming use, including any contiguous parcel. The nonconforming status of any contiguous parcel shall be subject to the requirement that, on a 5 year rolling average, 75 percent of the quarry materials extracted from the contiguous parcel shall be used for infrastructure-related projects, as determined by the quarry operator. If this 75 percent requirement is not met as to any contiguous parcel, the nonconforming status of the contiguous parcel may be suspended. A determination that a particular parcel of land is nonconforming under subd. 3. or common law is cumulative of this definition.

9,760t Section 760t. 59.69 (10) (ab) 4. of the statutes is created to read:

59.69 (10) (ab) 4. “Quarry” has the meaning given in s. 66.04135 (2) (c).

9,760w Section 760w. 59.69 (10) (ab) 5. of the statutes is created to read:

59.69 (10) (ab) 5. “Quarry operations” has the meaning given in s. 66.04135 (2) (d).

9,760y Section 760y. 59.69 (10) (ap) of the statutes is created to read:

59.69 (10) (ap) Notwithstanding par. (am), an ordinance enacted under this section cannot prohibit the continued operation of a quarry at a nonconforming quarry site. For purposes of this paragraph, the continued operation of a quarry includes conducting quarry operations in an undisturbed area of a nonconforming quarry site. Nothing in this section shall be construed as modifying or limiting an operator's reclamation obligations under a reclamation permit.

9,761c Section 761c. 60.61 (5) (ab) of the statutes is renumbered 60.61 (5) (ab) (intro.) and amended to read:

60.61 (5) (ab) (intro.) In this subsection “ nonconforming use":

2. “Nonconforming use” means a use of land, a dwelling, or a building that existed lawfully before the current zoning ordinance was enacted or amended, but that does not conform with the use restrictions in the current ordinance.

9,761e Section 761e. 60.61 (5) (ab) 1. of the statutes is created to read:

60.61 (5) (ab) 1. “Nonconforming quarry site” has the meaning given in s. 59.69 (10) (ab) 2.

9,761g Section 761g. 60.61 (5) (ab) 3. of the statutes is created to read:

60.61 (5) (ab) 3. “Quarry” has the meaning given in s. 66.04135 (2) (c).

9,761k Section 761k. 60.61 (5) (ab) 4. of the statutes is created to read:

60.61 (5) (ab) 4. “Quarry operations” has the meaning given in s. 66.04135 (2) (d).

9,761p Section 761p. 60.61 (5) (as) of the statutes is created to read:

60.61 (5) (as) Notwithstanding par. (am), an ordinance enacted under this section cannot prohibit the continued operation of a quarry at a nonconforming quarry site. For purposes of this paragraph, the continued operation of a quarry includes conducting quarry operations in an undisturbed area of a nonconforming quarry site. Nothing in this section shall be construed as modifying or limiting an operator's reclamation obligations under a reclamation permit.

9,766c Section 766c. 62.23 (7) (ab) of the statutes is renumbered 62.23 (7) (ab) (intro.) and amended to read:

62.23 (7) (ab) Definition Definitions. (intro.) In this subsection “nonconforming use":

9,766g Section 766g. 62.23 (7) (ab) 1. of the statutes is created to read:

62.23 (7) (ab) 1. “Nonconforming quarry site” has the meaning given in s. 59.69 (10) (ab) 2.

9,766n Section 766n. 62.23 (7) (ab) 3. of the statutes is created to read:

62.23 (7) (ab) 3. “Quarry” has the meaning given in s. 66.04135 (2) (c).

9,766r Section 766r. 62.23 (7) (ab) 4. of the statutes is created to read:

62.23 (7) (ab) 4. “Quarry operations” has the meaning given in s. 66.04135 (2) (d).

9,766w Section 766w. 62.23 (7) (hd) of the statutes is created to read:

62.23 (7) (hd) Nonconforming quarry sites. Notwithstanding par. (h), an ordinance enacted under this section cannot prohibit the continued operation of a quarry at a nonconforming quarry site. For purposes of this paragraph, the continued operation of a quarry includes conducting quarry operations in an undisturbed area of a nonconforming quarry site. Nothing in this section shall be construed as modifying or limiting an operator's reclamation obligations under a reclamation permit.

9,777m Section 777m. 66.04135 of the statutes is created to read:

66.04135 Quarries extracting certain nonmetallic minerals. (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.

(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) “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.

(d) “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., a political subdivision may require a quarry operator to obtain a zoning or nonzoning permit to conduct quarry operations.

2. A political subdivision cannot require a quarry operator to obtain a zoning or nonzoning permit to conduct quarry operations unless prior to the establishment of quarry operations the political subdivision enacts an ordinance that requires the permit. A political subdivision cannot require a quarry operator to obtain a nonzoning permit to conduct quarry operations if the quarry operation operates under a previously issued zoning permit.

(b) Applicability of local limit. If a political subdivision enacts a nonzoning ordinance regulating the operation of a quarry that was not in effect when quarry operations began at a quarry, the limit cannot be applied to that quarry or to land that 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, “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.

2. Except as provided under subds. 3. and 4., a political subdivision cannot 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. Provide evidence of insurance to each political subdivision in which any part of the quarry is located.

e. Provide copies of blasting logs to each political subdivision in which any part of the quarry is located.

f. Provide maps of the affected area to each political subdivision in which any part of the quarry is located.

g. Provide copies of any reports submitted to the department of safety and professional services relating to blasting at the quarry.

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 cannot 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 take actions related to water quality that are specifically required or authorized by state law.

3. 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 cannot 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.

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

5. In addition to the ability to enforce properly adopted local regulations as allowed by this section, a political subdivision may suspend a permit authorizing the operation of a quarry 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 cannot do any of the following with respect to the operation of a quarry: