While all of us were watching the debacle in DC, Wisconsin republicans, Wisconsin Manufacturers and Commerce (WMC), and Wisconsin Industrial Sand Association have been rewriting Wisconsin law behind closed doors.
You see, they have a problem. Wisconsin municipalities have the right to approve and regulate nonmetallic mining.
But that's going to change. Hearings are being scheduled for next week for a bill to strip from municipalities their rights to regulate sand mining. The bill itself has (as of 7:07 CDT Thursday) yet to be posted to the state's legislative website.
What's in the bill? Good question. We're not sure yet.
At the very least it limits municipalities to zoning only. Since many townships have in Wisconsin have not enacted zoning regulations... tough. That mine can go anywhere.
The Milwaukee Journal-Sentinel has just put up an article on the proposed legislation at 6:44 CDT today.
Madison — Republican lawmakers want to rein in the powers of local governmentsto impose restrictions on the burgeoning sand mining industry.
The measure would prohibit counties and other local governments from placing limits on more than 100 sand mines that have popped up since 2010. The projects that are normally the province of the state Department of Natural Resources.
(snip)
(Republican senator) Tiffany said the measure was written with the input of the Wisconsin Industrial Sand Association and other parties.
But wait - it gets better.
Local governments would also be barred from requiring mine operators to get local air or water permits or require them to install air or water monitoring equipment.
WTF?
State Senator Kathleen Vinehout has issued a press release:
“Why should politicians in Madison control our communities? They don’t live here.”
“Senator Tiffany’s bill takes away people’s ability to protect against a health threat or an extreme nuisance. Should mining companies blast on Sunday? Should they be able to tear up the road driving 400 trucks a day past the school? Should people have local protection so their wells don’t dry up?
“If mining companies can’t convince their neighbors that this is a good thing, why should Madison politicians get involved?”
“I don’t know why any legislator from western Wisconsin would turn control over our
land to politicians in Madison.”
Senator Bob Jauch has also issued a press release which I recommend that you read in its entirety:
The legislation was written by the WMC and Frac Sand companies who can’t stand the audacity of local officials who enact ordinances to protect the public good of their citizens. It is being pushed by lawmakers who have forgotten that we are supposed to serve the public and not the special interest groups who have apparently been given the keys to the State Capitol.
My own county has zoning, but we regulate the sand industry through conditional use permits. Will local government still be able to regulate to protect the health, welfare, and safety of its citizens?
Stay tuned. This is going to happen very fast. I'm hearing there will be a vote in the Senate by Thursday.
Full disclosure. I am a member of the Pierce County Board of Supervisors - one of those bodies which may lose local control. (We'll hopefully find more out when the bill's language is released.) I am not opposed to sand mining per se. But I believe that the decisions involved in mining need to be made with the involvement of the local citizens.
6:28 PM PT: Update: I'm hearing that the Assembly will be voting on this bill on Monday, the Senate on Thursday. The language of the bill isn't even released yet but I'm hearing that it's very long and complex.
6:39 PM PT: Found a copy of the proposed legislation at http://wisconsin.sierraclub.org/... .
7:00 PM PT: Lowlights of the proposed legislation in the comments.
7:59 PM PT: The Democurmudgeon's got this too - go give 'em some traffic - http://democurmudgeon.blogspot.com/...
Sat Oct 19, 2013 at 1:34 PM PT: Since this diary has been listed under Green Diary Rescue - I've received word that the committee vote is Thursday. Senator Kathleen Vinehout has the latest on the bill on her web site http://kathleenvinehout.org/...