Tax 13.07(2)(c)8.b. b. The extent to which the project is necessary for alleviating a mining-related impact.
Tax 13.07(2)(c)8.c. c. The extent to which outside funding is necessary.
Tax 13.07(2)(c)8.d. d. The extent to which a municipality receives other revenues associated with a proposed or operating mine.
Tax 13.07(2)(c)8.e. e. The amount of funds available in the investment and local impact fund and the short term and long term needs of mining communities throughout the state.
Tax 13.07(2)(c)9. 9. The extent to which the location of each applicant, with respect to mineral development, meets 3 distribution priorities:
Tax 13.07(2)(c)9.a. a. Distribution shall first be made to those municipalities with active metalliferous mining sites or with metalliferous mining sites that were active within 3 years previous to December 31 of the year in which the grant application is made, or to those municipalities in which a permit has been issued under s. 293.37, Stats., to commence mining.
Tax 13.07(2)(c)9.b. b. Distribution shall next be made to those municipalities adjacent to municipalities in which metalliferous minerals are extracted or were extracted more than 3 years, but less than 7 years previous to December 31 of the year in which the grant application is made.
Tax 13.07(2)(c)9.c. c. Distribution shall next be made to those municipalities in which metalliferous minerals are not currently being extracted and to those municipalities which are not adjacent to municipalities in which metalliferous minerals are extracted. Within this category, a higher priority shall be given to municipalities where a metalliferous mine is proposed and the mining company has filed a notice of intent under s. 293.31, Stats., a prospecting permit application under s. 293.35, Stats., or a mining permit application under s. 293.37, Stats., municipalities where metalliferous mining occurred more than 3 years ago, and municipalities where metallic mineral exploration is occurring.
Tax 13.07(2)(c)10. 10. During the board review of the grant proposals, applicants may appear before the board on behalf of their applications.
Tax 13.07(2)(d) (d) Decision and notification process. The board shall make its funding decisions on or before October 15. The board shall notify all applicants in writing of the action taken on their respective applications.
Tax 13.07(2)(e) (e) Grant agreements. Grant decisions made by the board shall be formalized in a grant agreement between the board and the local government grant recipient. The terms of the grant agreement shall include:
Tax 13.07(2)(e)1. 1. The grant project period.
Tax 13.07(2)(e)2. 2. The purposes for which the grant shall be used.
Tax 13.07(2)(e)3. 3. The grant sum awarded.
Tax 13.07(2)(e)4. 4. Provisions for the maintenance of grant funds in a segregated account.
Tax 13.07(2)(e)5. 5. Provisions for the maintenance of records of grant expenditures and supporting documentation to substantiate the costs claimed.
Tax 13.07(2)(e)6. 6. Provisions for the return of unexpended funds to the board at the end of the project period or grant year.
Tax 13.07(2)(e)7. 7. Provisions for the submittal of an expenditure report to the board at the end of the project period or grant year to document the use of the grant award.
Tax 13.07(2)(e)8. 8. Other reasonable terms the board believes necessary to ensure the prudent use of the grant funds.
Tax 13.07(2)(f) (f) Grant disbursements. The board shall disburse grant awards as follows:
Tax 13.07(2)(f)1. 1. Discretionary grant awards of $2,000 or less shall be disbursed to the grant recipient at the beginning of the grant project, after the grant agreement has been signed by both parties.
Tax 13.07(2)(f)2. 2. Grant awards for more than $2,000 shall be distributed on an as-needed basis. A grant recipient shall certify to the board project costs that have been incurred. A grant check shall be sent to the grant recipient within 3 weeks for the amount of the expenditure. To certify the expense, the grant recipient shall file a certification form with the board or submit a copy of the bill to document the expenditure.
Tax 13.07(2)(g) (g) Appeals process. The grant appeal process shall include the following steps:
Tax 13.07(2)(g)1. 1. Any municipality which wants to appeal a funding decision by the board shall submit a written appeal to the board within 20 days after notification. The 20-day period begins on the day after the mailing of the board's decision. The written appeal shall specify in detail:
Tax 13.07(2)(g)1.a. a. How the board has made a material error of law,
Tax 13.07(2)(g)1.b. b. How the board has made a material error of fact, or
Tax 13.07(2)(g)1.c. c. New, pertinent information which was not available to the board at the time of its decision.
Tax 13.07(2)(g)2. 2. A representative of an appealing municipality may appear before the board prior to board action on the appeal. The board shall decide whether to reconsider action on an appeal within 30 days after receipt of the written appeal. Any municipality aggrieved by a funding decision of the board may petition the circuit court for a review of the board's decision within 30 days of its original decision, or if an appeal has been sought as provided in this subdivision, within 30 days of the board's decision on that appeal. The 30-day period begins on the day after the mailing of the board's decision. The petition for review shall be served on the board and filed in the office of the clerk of circuit court as specified in s. 227.16, Stats.
Tax 13.07(3) (3)Emergency payments.
Tax 13.07(3)(a)(a) Any discretionary funds available to the board, may be withdrawn and distributed by the board, at any time, to any municipality which demonstrates its need for financial assistance in alleviating a mining-related impact which is deemed by the board to be sudden and unforeseeable. The policies and procedures presented in sub. (2) (c), shall apply to the distribution and use of emergency reserve monies, except for the specified deadline dates.
Tax 13.07(3)(b) (b) The board shall not consider requests for emergency payments from local or joint impact committees for administrative or operational expenses.
Tax 13.07 History History: Cr. Register, November, 1982, No. 323, eff. 12-1-82; r. and recr. Register, February, 1986, No. 362, eff. 3-1-86; am. (2) (a) 4., (2) (b), 2. intro. and a. to d. and (3), renum. (2) (c) 6. and 7. to be (2) (c) 9. and 10., cr. (2) (a) 4.a. to c., (2) (a) 6., (2) (b) 2. f. and (2) (c) 6. to 8., r. and recr. (2) (b) 2. c., Register, September, 1986, No. 369, eff. 10-1-86; am. (2) (c) 9. a., Register, August, 1993, No. 452, eff. 9-1-93; corrections in (2) (c) 6. a., 9. a. and c. made under s. 13.93 (2m) (b) 7., Stats., Register September 2006 No. 609.
Tax 13.075 Tax 13.075 Local and joint impact committees.
Tax 13.075(1)(1) Statutory authority. Under s. 293.33, Stats., a local impact committee or a joint impact committee may apply to the board for a discretionary payment from the impact fund.
Tax 13.075(2) (2)Purposes of local and joint impact committees.
Tax 13.075(2)(a)(a) Local impact committees. Local impact committees may be established for the purposes specified in s. 293.33 (1), Stats.
Tax 13.075 Note Note: 293.33 Local impact committee. (1) A county, town, village, city or tribal government likely to be substantially affected by potential or proposed mining may designate an existing committee, or establish a committee, for purposes of:
Tax 13.075 Note (a) Facilitating communications between operators and itself.
Tax 13.075 Note (b) Analyzing implications of mining.
Tax 13.075 Note (c) Reviewing and commenting on reclamation plans.
Tax 13.075 Note (d) Developing solutions to mining-induced growth problems.
Tax 13.075 Note (e) Recommending priorities for local action.
Tax 13.075 Note (f) Formulating recommendations to the investment and local impact fund board regarding distribution of funds under s. 70.395 (2) (g).
Tax 13.075 Note (g) Negotiating a local agreement under s. 293.41 (3).
Tax 13.075(2)(b) (b) Joint impact committees. A joint impact committee may be established for the purposes of:
Tax 13.075(2)(b)1. 1. Providing communications and coordination between local committees.
Tax 13.075(2)(b)2. 2. Providing services to local committees.
Tax 13.075(2)(b)3. 3. Eliminating duplication of effort by local committees.
Tax 13.075(2)(b)4. 4. Providing the services listed in s. 293.33 (1), Stats., in any municipality which appoints a member to the joint impact committee but does not have a local impact committee.
Tax 13.075(2)(b)5. 5. Providing any of the services listed in s. 293.33 (1), Stats., upon request of a local impact committee.
Tax 13.075(3) (3)Membership of local and joint committees.
Tax 13.075(3)(a)(a) Committee membership. Under s. 293.33 (2), Stats., a local or joint impact committee may include as members representatives of affected units of government, business and industry, health, protective or service agencies, school districts or environmental and other groups or other interested parties.
Tax 13.075(3)(b) (b) Joint impact committees. Each local committee in the area served by the joint impact committee shall appoint one local committee member to serve as a member of the joint impact committee. Each municipality or Native American community which appoints the joint impact committee, but not a local impact committee, shall appoint one person to serve as a member of the joint impact committee.
Tax 13.075 History History: Cr. Register, September, 1986, No. 369, eff. 10-1-86; corrections in (1), (2) (a), (b) 4., 5., and (3) (a) made under s. 13.93 (2m) (b) 7., Stats., Register September 2006 No. 609.
Tax 13.08 Tax 13.08 Expenditures.
Tax 13.08(1)(1) Discretionary grants. Discretionary grants to alleviate metalliferous mining impacts may be applied towards the following purposes, in accordance with s. 70.395 (2) (g), Stats.:
Tax 13.08(1)(a) (a) Protective services, such as police and fire services associated with the construction and operation of the mining facility.
Tax 13.08(1)(b) (b) Highways, as defined in s. 990.01 (12), Stats., repaired or constructed as a consequence of the construction and operation of the mining facility.
Tax 13.08(1)(c) (c) Studies and projects for local development.
Tax 13.08(1)(d) (d) Monitoring the effects of the mining operations on the environment.
Tax 13.08(1)(e) (e) Extraordinary community facilities and services provided as a result of mining activity.
Tax 13.08(1)(f) (f) Legal counsel and technical consultants to represent and assist municipalities appearing before state agencies on matters relating to metalliferous mineral mining and for processing mining-related permits or other approvals required by the municipality.
Tax 13.08(1)(g) (g) The preparation of area-wide community service plans which identify social, economic, educational, and environmental impacts associated with mining and which set forth a plan for minimizing the impacts.
Tax 13.08(1)(h) (h) Local impact committee operations, under s. 293.33, Stats.
Tax 13.08(1)(i) (i) Other expenses associated with the construction and operation of the mining facility.
Tax 13.08(1)(j) (j) Expenses attributable to a permanent or temporary closing of a mine including the cost of providing retraining and other educational programs designed to assist displaced workers in finding new employment opportunities and the cost of operating any job placement referral programs connected with the curtailment of mining operations in any area of this state.
Tax 13.08(1)(k) (k) Provision of educational services in a school district.
Tax 13.08(1)(L) (L) Expenses related to water monitoring and provision of water under s. 293.65 (5), Stats., incurred by a city, town, or village.
Tax 13.08(2) (2)Notice of intent payments. Once a notice of intent to collect data is filed pursuant to s. 293.31 (1), Stats., funds disbursed up until 6 months after the signing of the local agreement according to s. 293.43, Stats., in accordance with s. 70.395 (2) (fm), Stats., may be spent for purposes directly in response to the negotiation of a local agreement, although the expenditure may be after the 6 month period, limited to:
Tax 13.08(2)(a) (a) Facilitating communications with the mining company and state agencies.
Tax 13.08(2)(b) (b) Analyzing the implications of the proposed mine.
Tax 13.08(2)(c) (c) Reviewing and commenting on the mining reclamation plans, permit applications, the environmental impact statement, the notice of intent to collect data, or any other submittal to state agencies under the mining permit application and environmental review process.
Tax 13.08(2)(d) (d) Developing written solutions to potential mining-induced growth problems.
Tax 13.08(2)(e) (e) Developing and recommending priorities for local action.
Tax 13.08(2)(f) (f) Legal counsel and technical consultants in the areas of transportation, utilities, economic, environmental, and social impacts, and municipal services in accordance with s. 70.395 (2) (fm), Stats.
Tax 13.08(2)(g) (g) Public participation activities directly related to the review of the proposed mining project by state agencies.
Tax 13.08(2)(h) (h) Planning consultants.
Tax 13.08(2)(i) (i) Preparation of areawide community service plans which identify social, economic, educational, and environmental impacts associated with mining and set forth a plan for minimizing the impacts.
Tax 13.08(2)(k) (k) Necessary supplies and materials pertaining to the activities listed in this subsection.
Tax 13.08(3) (3)Construction period payments. Once mine construction begins, funds disbursed in accordance with s. 70.395 (2) (d) 5., Stats., may be spent for purposes directly in response to mine construction, limited to:
Tax 13.08(3)(a) (a) Activities listed in sub. (2) (a) through (e) and (g) through (k).
Tax 13.08(3)(b) (b) Protective services, such as police and fire services.
Tax 13.08(3)(c) (c) Repair and construction of highways, as defined in s. 990.01 (12), Stats.
Tax 13.08(3)(d) (d) Studies for local development.
Tax 13.08(3)(e) (e) Monitoring the effects of the mine.
Tax 13.08(3)(f) (f) Extraordinary services and facilities needed.
Tax 13.08(3)(g) (g) Provision of educational services in a school district.
Tax 13.08(3)(h) (h) Public service expansion and maintenance.
Tax 13.08(3)(i) (i) Capital equipment and improvements.
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Published under authority of s. 35.93, Stats. Updated on the first day of each month. Entire code is alwaycurrent. The date shown on each chapter is the date the chapter was last published.