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AB56-ASA1,749 4Section 749 . 51.421 (1) of the statutes is amended to read:
AB56-ASA1,364,135 51.421 (1) Purpose. In order to provide the least restrictive and most
6appropriate care and treatment for persons with serious and persistent mental
7illness, community support programs should be available in all parts of the state.
8In order to integrate community support programs with other long-term care
9programs, community support programs shall be coordinated, to the greatest extent
10possible, with the community options program under s. 46.27, with the protective
11services system in a county, with the medical assistance program under subch. IV of
12ch. 49 and with other care and treatment programs for persons with serious and
13persistent mental illness.
AB56-ASA1,750 14Section 750 . 51.422 (1) of the statutes is amended to read:
AB56-ASA1,364,2215 51.422 (1) Program creation. The department shall create 2 or 3 new, regional
16comprehensive opioid treatment programs, and in the 2017-19 fiscal biennium,
17shall create 2 or 3 additional regional comprehensive opioid and methamphetamine
18treatment programs, to provide treatment for opioid and opiate addiction and
19methamphetamine addiction in underserved, high-need areas. The department
20shall obtain and review proposals for opioid and methamphetamine treatment
21programs in accordance with its request-for-proposal procedures. A program under
22this section may not offer methadone treatment.
AB56-ASA1,751 23Section 751 . 51.422 (2) of the statutes is amended to read:
AB56-ASA1,365,824 51.422 (2) Program components. An opioid or methamphetamine treatment
25program created under this section shall offer an assessment to individuals in need

1of service to determine what type of treatment is needed. The program shall
2transition individuals to a certified residential program, if that level of treatment is
3necessary. The program shall provide counseling, medication-assisted treatment,
4including both long-acting opioid antagonist and partial agonist medications that
5have been approved by the federal food and drug administration if for treating opioid
6addiction, and abstinence-based treatment. The program shall transition
7individuals who have completed treatment to county-based or private
8post-treatment care.
AB56-ASA1,752 9Section 752 . 51.441 of the statutes is created to read:
AB56-ASA1,365,16 1051.441 Comprehensive mental health consultation program. The
11department shall convene a statewide group of interested persons, including at least
12one representative of the Medical College of Wisconsin, to develop a concept paper,
13business plan, and standards for a comprehensive mental health consultation
14program that incorporates general psychiatry, geriatric psychiatry, addiction
15medicine and psychiatry, a perinatal psychiatry consultation program, and the child
16psychiatry consultation program under s. 51.442.
AB56-ASA1,753 17Section 753 . 54.21 (2) (g) of the statutes is amended to read:
AB56-ASA1,365,2018 54.21 (2) (g) The current and likely future effect of the proposed transfer of
19assets on the ward's eligibility for public benefits, including medical assistance or a
20benefit under s. 46.27
.
AB56-ASA1,754 21Section 754 . 54.34 (1) (k) of the statutes is amended to read:
AB56-ASA1,365,2322 54.34 (1) (k) Whether the proposed ward is a recipient of a public benefit,
23including medical assistance or a benefit under s. 46.27.
AB56-ASA1,760c 24Section 760c. 59.69 (10) (ab) of the statutes is renumbered 59.69 (10) (ab)
25(intro.) and amended to read:
AB56-ASA1,366,1
159.69 (10) (ab) (intro.) In this subsection “ nonconforming use":
AB56-ASA1,366,4 23. “Nonconforming use” means a use of land, a dwelling, or a building that
3existed lawfully before the current zoning ordinance was enacted or amended, but
4that does not conform with the use restrictions in the current ordinance.
AB56-ASA1,760g 5Section 760g. 59.69 (10) (ab) 1. of the statutes is created to read:
AB56-ASA1,366,86 59.69 (10) (ab) 1. “Contiguous” means sharing a common boundary or being
7separated only by a waterway, section line, public road, private road, transportation
8right-of-way, or utility right-of-way.
AB56-ASA1,760k 9Section 760k. 59.69 (10) (ab) 1m. of the statutes is created to read:
AB56-ASA1,366,2010 59.69 (10) (ab) 1m. “Contiguous parcel” means any parcel of land, up to a
11cumulative limit of 80 acres, that, as of January 1, 2001, is contiguous to and is
12located in the same political subdivision as land on which a quarry existed lawfully
13before the quarry became a nonconforming use, is under the common ownership,
14leasehold, or control of the person who owns, leases, or controls the land on which the
15quarry is located, and is shown to have been intended for quarry operations prior to
16the effective date of the ordinance that rendered the use nonconforming. For
17purposes of this subdivision, if the contiguous parcel of land was commonly owned,
18leased, or controlled on January 1, 2001, there is a presumption that the contiguous
19parcel of land was intended for quarry operations prior to the effective date of the
20ordinance that rendered the use nonconforming.
AB56-ASA1,760p 21Section 760p. 59.69 (10) (ab) 2. of the statutes is created to read:
AB56-ASA1,367,622 59.69 (10) (ab) 2. “Nonconforming quarry site” means land on which a quarry
23existed lawfully before the quarry became a nonconforming use, including any
24contiguous parcel. The nonconforming status of any contiguous parcel shall be
25subject to the requirement that, on a 5 year rolling average, 75 percent of the quarry

1materials extracted from the contiguous parcel shall be used for
2infrastructure-related projects, as determined by the quarry operator. If this 75
3percent requirement is not met as to any contiguous parcel, the nonconforming
4status of the contiguous parcel may be suspended. This definition does not preclude
5a determination that a particular parcel of land is nonconforming under subd. 3. or
6common law.
AB56-ASA1,760t 7Section 760t. 59.69 (10) (ab) 4. of the statutes is created to read:
AB56-ASA1,367,88 59.69 (10) (ab) 4. “Quarry” has the meaning given in s. 66.04135 (2) (c).
AB56-ASA1,760w 9Section 760w. 59.69 (10) (ab) 5. of the statutes is created to read:
AB56-ASA1,367,1110 59.69 (10) (ab) 5. “Quarry operations” has the meaning given in s. 66.04135 (2)
11(d).
AB56-ASA1,760y 12Section 760y. 59.69 (10) (ap) of the statutes is created to read:
AB56-ASA1,367,1913 59.69 (10) (ap) Notwithstanding par. (am), an ordinance enacted under this
14section may not prohibit the continued operation of a quarry at a nonconforming
15quarry site. For purposes of this paragraph, the continued operation of a quarry
16includes conducting quarry operations in an area of a nonconforming quarry site in
17which quarry operations have not previously been conducted. Nothing in this section
18shall be construed as modifying or limiting an operator's reclamation obligations
19under a reclamation permit.
AB56-ASA1,761 20Section 761 . 59.796 of the statutes is repealed.
AB56-ASA1,761c 21Section 761c. 60.61 (5) (ab) of the statutes is renumbered 60.61 (5) (ab) (intro.)
22and amended to read:
AB56-ASA1,367,2323 60.61 (5) (ab) (intro.) In this subsection “ nonconforming use":
AB56-ASA1,368,3
12. “Nonconforming use” means a use of land, a dwelling, or a building that
2existed lawfully before the current zoning ordinance was enacted or amended, but
3that does not conform with the use restrictions in the current ordinance.
AB56-ASA1,761e 4Section 761e. 60.61 (5) (ab) 1. of the statutes is created to read:
AB56-ASA1,368,65 60.61 (5) (ab) 1. “Nonconforming quarry site” has the meaning given in s. 59.69
6(10) (ab) 2.
AB56-ASA1,761g 7Section 761g. 60.61 (5) (ab) 3. of the statutes is created to read:
AB56-ASA1,368,88 60.61 (5) (ab) 3. “Quarry” has the meaning given in s. 66.04135 (2) (c).
AB56-ASA1,761k 9Section 761k. 60.61 (5) (ab) 4. of the statutes is created to read:
AB56-ASA1,368,1110 60.61 (5) (ab) 4. “Quarry operations” has the meaning given in s. 66.04135 (2)
11(d).
AB56-ASA1,761p 12Section 761p. 60.61 (5) (as) of the statutes is created to read:
AB56-ASA1,368,1913 60.61 (5) (as) Notwithstanding par. (am), an ordinance enacted under this
14section may not prohibit the continued operation of a quarry at a nonconforming
15quarry site. For purposes of this paragraph, the continued operation of a quarry
16includes conducting quarry operations in an area of a nonconforming quarry site in
17which quarry operations have not previously been conducted. Nothing in this section
18shall be construed as modifying or limiting an operator's reclamation obligations
19under a reclamation permit.
AB56-ASA1,766c 20Section 766c. 62.23 (7) (ab) of the statutes is renumbered 62.23 (7) (ab) (intro.)
21and amended to read:
AB56-ASA1,368,2322 62.23 (7) (ab) Definition Definitions. (intro.) In this subsection
23“nonconforming use":
AB56-ASA1,369,3
12. “Nonconforming use” means a use of land, a dwelling, or a building that
2existed lawfully before the current zoning ordinance was enacted or amended, but
3that does not conform with the use restrictions in the current ordinance.
AB56-ASA1,766g 4Section 766g. 62.23 (7) (ab) 1. of the statutes is created to read:
AB56-ASA1,369,65 62.23 (7) (ab) 1. “Nonconforming quarry site” has the meaning given in s. 59.69
6(10) (ab) 2.
AB56-ASA1,766n 7Section 766n. 62.23 (7) (ab) 3. of the statutes is created to read:
AB56-ASA1,369,88 62.23 (7) (ab) 3. “Quarry” has the meaning given in s. 66.04135 (2) (c).
AB56-ASA1,766r 9Section 766r. 62.23 (7) (ab) 4. of the statutes is created to read:
AB56-ASA1,369,1110 62.23 (7) (ab) 4. “Quarry operations” has the meaning given in s. 66.04135 (2)
11(d).
AB56-ASA1,766w 12Section 766w. 62.23 (7) (hd) of the statutes is created to read:
AB56-ASA1,369,1913 62.23 (7) (hd) Nonconforming quarry sites. Notwithstanding par. (h), an
14ordinance enacted under this section may not prohibit the continued operation of a
15quarry at a nonconforming quarry site. For purposes of this paragraph, the
16continued operation of a quarry includes conducting quarry operations in an area of
17a nonconforming quarry site in which quarry operations have not previously been
18conducted. Nothing in this section shall be construed as modifying or limiting an
19operator's reclamation obligations under a reclamation permit.
AB56-ASA1,777m 20Section 777m. 66.04135 of the statutes is created to read:
AB56-ASA1,369,24 2166.04135 Quarries extracting certain nonmetallic minerals. (1)
22Construction. (a) Nothing in this section may be construed to affect the authority
23of a political subdivision to regulate land use for a purpose other than quarry
24operations.
AB56-ASA1,370,4
1(b) Nothing in this section may be construed to exempt a quarry from a
2regulation of general applicability placed by a political subdivision that applies to
3other property in the political subdivision that is not a quarry unless the regulation
4is inconsistent with this section.
AB56-ASA1,370,5 5(2) Definitions. In this section:
AB56-ASA1,370,76 (a) “Permit” means a form of approval granted by a political subdivision for the
7operation of a quarry.
AB56-ASA1,370,88 (b) “Political subdivision” means a city, village, town, or county.
AB56-ASA1,370,129 (c) “Quarry” means the surface area from which nonmetallic minerals,
10including soil, clay, sand, gravel, and construction aggregate, that are used primarily
11for a public works project or a private construction or transportation project are
12extracted and processed.
AB56-ASA1,370,1513 (d) “Quarry operations” means the extraction and processing of minerals at a
14quarry and all related activities, including blasting, vehicle and equipment access
15to the quarry, and loading and hauling of material to and from the quarry.
AB56-ASA1,370,19 16(3) Limitations on local regulation. (a) Permits. 1. Consistent with the
17requirements and limitations in this subsection, except as provided in subd. 2., a
18political subdivision may require a quarry operator to obtain a zoning or nonzoning
19permit to conduct quarry operations.
AB56-ASA1,370,2520 2. A political subdivision may not require a quarry operator to obtain a zoning
21or nonzoning permit to conduct quarry operations unless prior to the establishment
22of quarry operations the political subdivision enacts an ordinance that requires the
23permit. A political subdivision may not require a quarry operator to obtain a
24nonzoning permit to conduct quarry operations if the quarry operation operates
25under a previously issued zoning permit.
AB56-ASA1,371,7
1(b) Applicability of local limit. If a political subdivision enacts a nonzoning
2ordinance regulating the operation of a quarry that was not in effect when quarry
3operations began at a quarry, the limit does not apply to that quarry or to land that
4is contiguous, as defined in s. 59.69 (10) (ab) 1., to the land on which the quarry is
5located, is under the common ownership, leasehold, or control of the person who
6owns, leases, or controls the land on which the quarry is located, and is located in the
7same political subdivision.
AB56-ASA1,371,128 (c) Blasting. 1. In this paragraph, “affected area” means an area within a
9certain radius of a blasting site that may be affected by a blasting operation, as
10determined using a formula established by the department of safety and professional
11services by rule that takes into account a scaled-distance factor and the weight of
12explosives to be used.
AB56-ASA1,371,1413 2. Except as provided under subds. 3. and 4., a political subdivision may not
14limit blasting at a quarry.
AB56-ASA1,371,1615 3. A political subdivision may require the operator of a quarry to do any of the
16following:
AB56-ASA1,371,1917 a. Before beginning a blasting operation at the quarry, provide notice of the
18blasting operation to each political subdivision in which any part of the quarry is
19located and to owners of dwellings or other structures within the affected area.
AB56-ASA1,371,2220 b. Before beginning a blasting operation at the quarry, cause a 3rd party to
21conduct a building survey of any dwellings or other structures within the affected
22area.
AB56-ASA1,371,2423 c. Before beginning a blasting operation at the quarry, cause a 3rd party to
24conduct a survey of and test any wells within the affected area.
AB56-ASA1,372,2
1d. Provide evidence of insurance to each political subdivision in which any part
2of the quarry is located.
AB56-ASA1,372,43 e. Provide copies of blasting logs to each political subdivision in which any part
4of the quarry is located.
AB56-ASA1,372,65 f. Provide maps of the affected area to each political subdivision in which any
6part of the quarry is located.
AB56-ASA1,372,87 g. Provide copies of any reports submitted to the department of safety and
8professional services relating to blasting at the quarry.
AB56-ASA1,372,149 4. A political subdivision may suspend a permit for a violation of the
10requirements under s. 101.15 relating to blasting and rules promulgated by the
11department of safety and professional services under s. 101.15 (2) (e) relating to
12blasting only if the department of safety and professional services determines that
13a violation of the requirements or rules has occurred and only for the duration of the
14violation as determined by the department of safety and professional services.
AB56-ASA1,372,1715 (d) Water quality or quantity. 1. Except as provided under subds. 2. to 5., a
16political subdivision may not do any of the following with respect to the operation of
17a quarry:
AB56-ASA1,372,1818 a. Establish or enforce a water quality standard.
AB56-ASA1,372,2019 b. Issue permits, including permits for discharges to the waters of the state, or
20any other form of approval related to water quality or quantity.
AB56-ASA1,372,2121 c. Impose any restriction related to water quality or quantity.
AB56-ASA1,372,2222 d. Impose any requirements related to monitoring of water quality or quantity.
AB56-ASA1,372,2423 2. A political subdivision may take actions related to water quality that are
24specifically required or authorized by state law.
AB56-ASA1,373,14
13. A political subdivision may require the operator of a quarry to conduct and
2provide water quality and quantity baseline testing and ongoing quality testing, to
3occur not more frequently than annually, of all wells within 1,000 feet of the
4perimeter of a quarry site when a new high capacity well is added to an existing
5quarry site or a new quarry site is established. A testing requirement under this
6subdivision may not impose any standard that is more stringent than the standards
7for groundwater quality required by rules promulgated by the department of natural
8resources. The political subdivision may request a report of well testing results
9within 30 days of the completion of testing, and the quarry operator shall provide the
10results within that time. Any person offered the opportunity to have a well tested
11under this subdivision but who knowingly refuses testing waives any claim against
12a quarry operator related to the condition of the well if, within 90 days of the offer,
13the quarry operator records with the register of deeds for the county in which the well
14is located a written and sworn certification that the person refused the offer.
AB56-ASA1,373,1715 4. A political subdivision that imposes a requirement to conduct any ongoing
16water quality or quantity testing of wells adjacent to an existing quarry prior to the
17effective date of this subdivision .... [LRB inserts date], may continue to do so.
AB56-ASA1,373,2418 5. In addition to the ability to enforce properly adopted local regulations as
19allowed by this section, a political subdivision may suspend a permit authorizing the
20operation of a quarry for a violation of state law or rules promulgated by the
21department of natural resources relating to water quality or quantity only if the
22department of natural resources determines that a violation of state law or rules has
23occurred and only for the duration of the violation, as determined by the department
24of natural resources.
AB56-ASA1,374,3
1(e) Air quality. 1. Notwithstanding s. 285.73, and except as provided under
2subds. 2. to 4., a political subdivision may not do any of the following with respect to
3the operation of a quarry:
AB56-ASA1,374,64 a. Establish or enforce an ambient air quality standard, standard of
5performance for new stationary sources, or other emission limitation related to air
6quality.
AB56-ASA1,374,77 b. Issue permits or any other form of approval related to air quality.
AB56-ASA1,374,88 c. Impose any restriction related to air quality.
AB56-ASA1,374,99 d. Impose any requirement related to monitoring air quality.
AB56-ASA1,374,1210 2. A political subdivision may require the operator of a quarry to use best
11management practices to limit off-site fugitive dust and may enforce properly
12adopted fugitive dust regulations.
AB56-ASA1,374,1413 3. A political subdivision may take actions related to air quality that are
14specifically required or authorized by state law.
AB56-ASA1,374,2115 4. In addition to the ability to enforce properly adopted local regulations as
16allowed by this section, a political subdivision may suspend a permit authorizing the
17operation of a quarry for a violation of state law or rules promulgated by the
18department of natural resources relating to air quality only if the department of
19natural resources determines that a violation of state law or rules has occurred and
20only for the duration of the violation, as determined by the department of natural
21resources.
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