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Tax 13.07(3)(a)(a) Any discretionary funds available to the board, may be withdrawn and distributed by the board, at any time, to any municipality which demonstrates its need for financial assistance in alleviating a mining-related impact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)(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)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(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(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)(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)(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)(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)(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)(g)
(g) Provision of educational services in a school district.
Tax 13.08(3)(k)
(k) Other expenses incurred as a direct result of mine construction.
Tax 13.08(4)
(4) Operation period payments. Once mining begins, discretionary payments made in accordance with s.
70.395 (2) (g), Stats., and payments paid to counties in accordance with s.
70.395 (2) (d) 1. and
1m., Stats., may be spent for mining related purposes, limited to:
Tax 13.08(5)
(5) Curtailment and cessation period payments. In preparation for either the permanent or temporary cessation of mining, discretionary payments made in accordance with s.
70.395 (2) (g), Stats., and first dollar payments paid to counties in accordance with s.
70.395 (2) (d) 1. and
1m., Stats., may be spent for mining related purposes limited to:
Tax 13.08(5)(e)
(e) Analysis and implementation of plans to address economical, social, educational, and environmental impacts of the mine closing.
Tax 13.08(5)(g)
(g) Expenses attributable directly to the temporary or permanent closing of a mine.
Tax 13.08(6)
(6) Other mining-related costs. Municipalities may seek approval from the board for other mining-related projects not outlined in this section. Applications seeking expenditure approval shall contain:
Tax 13.08(6)(c)
(c) Documentation that the proposal is well reasoned, cost effective, and will accomplish its purpose.
Tax 13.08(7)
(7) Special county expenditures. First dollar payments received by counties under
s. Tax 13.06 (1), may also be applied as follows:
Tax 13.08(7)(a)
(a) A county's first dollar payment may be placed in a county mining investment fund for investment by the state investment board or placed in a financial institution located in the state. Funds may be withdrawn to alleviate impacts associated with the closing of the mine in the county or the curtailment of mining activity in the county. If a county deposits funds in the county mining investment fund, withdrawals are subject to the restrictions contained in s.
25.65, Stats. If a county deposits mining impact funds with a financial institution, withdrawals made within 10 years of deposit shall be subject to review and approval of the board. The county shall notify the board of withdrawals made 10 years after deposit. The county shall report annually to the board any deposits, withdrawal, and use of funds in that year.
Tax 13.08(7)(b)
(b) A maximum of $25,000 of a county's first dollar payment may be distributed to any town, city, or village in the county.
Tax 13.08(7)(c)
(c) For metalliferous mining related purposes as defined by the board, in addition to those listed in
s. Tax 13.08.
Tax 13.08(8)
(8) Other allowable expenditures. Discretionary grants and other funds disbursed by the board may be applied toward a variety of uses as they relate directly to a mining impact project. In general, costs for the compensation of personal services, costs of materials and supplies, travel, and other administrative costs are allowable. All expenditures shall comply with state and local laws, rules, and policies. Costs which shall not be allowed include:
Tax 13.08(8)(a)
(a) Costs incurred prior to, and after, the effective date of a discretionary grant period.
Tax 13.08(8)(b)
(b) Costs of social activities, ceremonies, amusements, and other entertainment.
Tax 13.08(8)(c)
(c) Costs incurred for lobbying members of the legislature or other legislative activities.
