City of Madison, Wisconsin | Legislative Information Center
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File #: 32466    Version: 1 Name: Local Control of Mining - SB 349
Type: Resolution Status: Passed
File created: 12/2/2013 In control: COMMON COUNCIL
On agenda: 1/7/2014 Final action: 1/7/2014
Enactment date: 1/8/2014 Enactment #: RES-14-00039
Title: Opposing Senate Bill 349 concerning local governmental authority to regulate air quality, water quality and quantity, use of quarry explosives and non-metallic mining.
Sponsors: Paul R. Soglin, Ledell Zellers, Chris Schmidt, Scott J. Resnick, Michael E. Verveer
Fiscal Note
No appropriation is required.
Title
Opposing Senate Bill 349 concerning local governmental authority to regulate air quality, water quality and quantity, use of quarry explosives and non-metallic mining.
Body
WHEREAS, since the 1920's, the state has granted cities and villages broad general powers to regulate for the health, safety and public welfare of the community; and
 
WHEREAS, a municipality may use its home rule powers to address local issues of concern unless the state has specifically prohibited such regulations; and
 
WHEREAS, Senate Bill 349 would eliminate the City's ability to rely on its home rule authority to regulate air quality, water quality and quantity, and the use of explosives by quarry operators; and
 
WHEREAS, SB 349 also eliminates any ability of municipalities to regulate non-metallic mining in ways outside of zoning; and
 
WHEREAS, SB 349 is unnecessarily broad, eliminating local control in areas far beyond frac sand mining, including eliminating the City's ability to enact water conservation efforts, even in the event of a public emergency; and preempting  existing zoning protections for the City's municipal wells; and
 
WHEREAS, by taking away statutory home rule powers, SB 349 removes municipalities' ability to address unique local concerns, and future problems that the legislature has not anticipated;
 
NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Common Council of the City of Madison oppose SB 349 as an unnecessary and overly broad attack on local control and urge the City's legislative delegation to vote against the legislation.