Amendment ASA1-AB426

LRBs0298/1

RCT/MGG/RK/JK:kf/nn/cs:rs

2011 - 2012 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 2011 ASSEMBLY BILL 426

January 23, 2012 - Offered by Representative Williams.

AB426-ASA1,2,8 An Act to repeal 30.025 (1e) (title) and (a), 107.001 (2) and 293.01 (8); to renumber and amend 30.025 (1e) (b), 30.123 (8) (c) and 87.30 (2); to amend 20.370 (2) (gh), 20.455 (1) (gh), 20.566 (7) (e), 20.566 (7) (v), 29.604 (4) (intro.), 29.604 (4) (c) (intro.), 30.025 (1m) (intro.), 30.025 (1m) (c), 30.025 (1s) (a), 30.025 (2), 30.025 (2g) (b) (intro.), 30.12 (3m) (c) (intro.), 30.133 (2), 30.19 (4) (c) (intro.), 30.195 (2) (c) (intro.), 44.40 (5), 70.375 (1) (as), 70.375 (1) (bm), 70.38 (2), 70.395 (1e), 70.395 (2) (dc) 1., 70.395 (2) (dc) 4., 70.395 (2) (fm), 70.395 (2) (h) 1., 107.001 (1), 107.01 (intro.), 107.01 (2), 107.02, 107.03, 107.04, 107.11, 107.12, 107.20 (1), 107.20 (2), 107.30 (8), 107.30 (15), 107.30 (16), 160.19 (12), 196.491 (3) (a) 3. b., 196.491 (4) (b) 2., 281.65 (2) (a), 281.75 (17) (b), 287.13 (5) (e), 289.35, 289.62 (2) (g) 2. and 6., 292.01 (1m), chapter 293 (title), 293.01 (5), 293.01 (7), 293.01 (9), 293.01 (12), 293.01 (18), 293.01 (25), 293.21 (1) (a), 293.25 (2) (a), 293.25 (4), 293.37 (4) (b), 293.47 (1) (b), 293.50 (1) (b), 293.50 (2) (intro.), 293.50 (2) (a), 293.50 (2) (b), 293.51 (1), 293.65 (3) (a), 293.65 (3) (b), 293.86, chapter 295 (title), 295.16 (4) (f), 299.85 (7) (a) 2. and 4., 299.95, 323.60 (5) (d) 3. and 710.02 (2) (d); and to create 20.370 (2) (gi), 29.604 (7m), 30.025 (4m), 31.23 (3) (e), 87.30 (2) (b), 293.01 (12m), subchapter III of chapter 295 [precedes 295.40] and 323.60 (1) (gm) of the statutes; relating to: regulation of ferrous metallic mining and related activities, procedures for obtaining approvals from the Department of Natural Resources for the construction of utility facilities, making an appropriation, and providing penalties.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB426-ASA1, s. 1 Section 1. 20.370 (2) (gh) of the statutes is amended to read:

AB426-ASA1,2,14 20.370 (2) (gh) Mining — Nonferrous metallic mining regulation and administration. The amounts in the schedule for the administration, regulation and enforcement of nonferrous metallic mining exploration, prospecting, mining and mine reclamation activities under ch. 293. All moneys received under ch. 293 shall be credited to this appropriation.

AB426-ASA1, s. 2 Section 2. 20.370 (2) (gi) of the statutes is created to read:

AB426-ASA1,2,18 20.370 (2) (gi) Ferrous metallic mining operations. All moneys received under subch. III of ch. 295 for the department of natural resource's operations related to ferrous metallic exploration and mining.

AB426-ASA1, s. 3 Section 3. 20.455 (1) (gh) of the statutes is amended to read:

AB426-ASA1,2,23 20.455 (1) (gh) Investigation and prosecution. Moneys received under ss. 23.22 (9) (c), 49.49 (6), 100.263, 133.16, 281.98 (2), 283.91 (5), 289.96 (3) (b), 291.97 (3), 292.99 (2), 293.87 (4) (b), 295.19 (3) (b) 2., 295.79 (4) (b), and 299.97 (2), for the expenses of investigation and prosecution of violations, including attorney fees.

AB426-ASA1, s. 4 Section 4. 20.566 (7) (e) of the statutes is amended to read:

AB426-ASA1,3,4 20.566 (7) (e) Investment and local impact fund supplement. The amounts in the schedule to supplement par. (v) for the purposes of ss. 70.395, 293.33 (4) and, 293.65 (5) (a), and 295.443.

AB426-ASA1, s. 5 Section 5. 20.566 (7) (v) of the statutes is amended to read:

AB426-ASA1,3,9 20.566 (7) (v) Investment and local impact fund. From the investment and local impact fund, all moneys received under s. 70.395 (1e) and (2) (dc) and (dg), less the moneys appropriated under s. 20.370 (2) (gr), to be disbursed under ss. 70.395 (2) (d) to (g), 293.33 (4) and, 293.65 (5) (a) , and 295.443.

AB426-ASA1, s. 6 Section 6. 29.604 (4) (intro.) of the statutes is amended to read:

AB426-ASA1,3,12 29.604 (4) Prohibition. (intro.) Except as provided in sub. (6r) and (7m) or as permitted by departmental rule or permit:

AB426-ASA1, s. 7 Section 7. 29.604 (4) (c) (intro.) of the statutes is amended to read:

AB426-ASA1,3,18 29.604 (4) (c) (intro.) No person may do any of the following to any wild plant of an endangered or threatened species that is on public property or on property that he or she does not own or lease, except in the course of forestry or agricultural practices or, in the construction, operation, or maintenance of a utility facility, or as part of bulk sampling activities under s. 295.45:

AB426-ASA1, s. 8 Section 8. 29.604 (7m) of the statutes is created to read:

AB426-ASA1,4,2 29.604 (7m) Bulk sampling activities. A person may take, transport, or possess a wild animal on the department's endangered and threatened species list without a permit under this section if the person avoids and minimizes adverse impacts to the wild animal to the extent practicable, if the taking, transporting, or possession does not result in wounding or killing the wild animal, and if the person takes, transports, or possesses the wild animal for the purpose of bulk sampling activities under s. 295.45.

AB426-ASA1, s. 8b Section 8b. 30.025 (1e) (title) and (a) of the statutes are repealed.

AB426-ASA1, s. 8d Section 8d. 30.025 (1e) (b) of the statutes is renumbered 30.025 (4m) (b) and amended to read:

AB426-ASA1,4,8 30.025 (4m) (b) This section subsection does not apply to a proposal to construct a utility facility if the only permit that the utility facility is required to obtain from the department is a storm water discharge permit under s. 283.33 (1) (a).

AB426-ASA1, s. 8f Section 8f. 30.025 (1m) (intro.) of the statutes is amended to read:

AB426-ASA1,4,17 30.025 (1m) Preapplication process. (intro.) Before filing an a combined application under this section for permits under sub. (1s) with the department in lieu of separate applications, a person proposing to construct a utility facility shall notify the department of the intention to file an a combined application under sub. (1s). After receiving such notice, the department shall confer with the person, in cooperation with the commission, to make a preliminary assessment of the project's scope, to make an analysis of alternatives, to identify potential interested persons, and to ensure that the person making the proposal is aware of all of the following:

AB426-ASA1, s. 8h Section 8h. 30.025 (1m) (c) of the statutes is amended to read:

AB426-ASA1,4,22 30.025 (1m) (c) The timing of information submissions that the person will be required to provide in order to enable the department to participate in commission review procedures and to process the combined application for permits in a timely manner.

AB426-ASA1, s. 8i Section 8i. 30.025 (1s) (a) of the statutes is amended to read:

AB426-ASA1,5,8 30.025 (1s) (a) Any person proposing to construct a utility facility to which this section applies shall may, in lieu of separate application for permits, submit one combined application for permits together with any additional information required by the department. The combined application shall for permits may be filed with the department at the same time that an application for a certificate is filed with the commission under s. 196.49 or in a manner consistent with s. 196.491 (3) and shall include the detailed information that the department requires to determine whether an a combined application for permits is complete and to carry out its obligations under sub. (4). The department may require supplemental information to be furnished thereafter.

AB426-ASA1, s. 8j Section 8j. 30.025 (2) of the statutes is amended to read:

AB426-ASA1,5,19 30.025 (2) Hearing. Once the applicant meets the requirements of sub. (1s) (a), the department may schedule the matter for a public hearing. Notice of the hearing shall be given to the applicant and shall be published as a class 1 notice under ch. 985. The department may give such further notice as it deems proper, and shall give notice to persons requesting same. One copy of the combined application for permits shall be available for public inspection at the office of the department, at least one copy in the regional office of the department, and at least one copy at the main public library, of the area affected. Notwithstanding s. 227.42, the hearing shall be an informational hearing and may not be treated as a contested case hearing nor converted to a contested case hearing.

AB426-ASA1, s. 8L Section 8L. 30.025 (2g) (b) (intro.) of the statutes is amended to read:

AB426-ASA1,6,2 30.025 (2g) (b) (intro.) The department shall participate in commission investigations or proceedings under s. 196.49 or 196.491 (3) with regard to any proposed utility facility that is subject to this section for which a combined application for permits is filed under sub. (1s). In order to ensure that the commission's decision is consistent with the department's responsibilities, the department shall provide the commission with information that is relevant to only the following:

AB426-ASA1, s. 8n Section 8n. 30.025 (4m) of the statutes is created to read:

AB426-ASA1,6,10 30.025 (4m) Procedure for a single permit application. (a) A person proposing to construct a utility facility for which not more than one permit is required may submit an application for that single permit with the department in the same manner as a combined application for permits may be submitted under sub. (1s). If the applicant elects to submit the application in the same manner as a combined application for permits, the procedures under this section that apply to a combined application for permits shall apply to that application for a single permit.

AB426-ASA1, s. 9 Section 9. 30.12 (3m) (c) (intro.) of the statutes is amended to read:

AB426-ASA1,6,14 30.12 (3m) (c) (intro.) The department shall issue an individual permit to a riparian owner for a structure or a deposit pursuant to an application under par. (a) if the department finds that all of the following apply requirements are met:

AB426-ASA1, s. 10 Section 10. 30.123 (8) (c) of the statutes is renumbered 30.123 (8) (c) (intro.) and amended to read:

AB426-ASA1,6,19 30.123 (8) (c) (intro.) The department shall issue an individual permit pursuant to an application under par. (a) if the department finds that the all of the following requirements are met:

AB426-ASA1,6,20 1. The bridge or culvert will not materially obstruct navigation,.

AB426-ASA1,6,22 2. The bridge or culvert will not materially reduce the effective flood flow capacity of a stream, and.

AB426-ASA1,6,23 3. The bridge or culvert will not be detrimental to the public interest.

AB426-ASA1, s. 11 Section 11. 30.133 (2) of the statutes is amended to read:

AB426-ASA1,7,6 30.133 (2) This section does not apply to riparian land located within the boundary of any hydroelectric project licensed or exempted by the federal government, if the conveyance is authorized under any license, rule or order issued by the federal agency having jurisdiction over the project. This section does not apply to riparian land that is associated with an approval required for bulk sampling or mining that is required under subch. III of ch. 295.

AB426-ASA1, s. 12 Section 12. 30.19 (4) (c) (intro.) of the statutes is amended to read:

AB426-ASA1,7,10 30.19 (4) (c) (intro.) The department shall issue an individual permit pursuant to an application under par. (a) if the department finds that all of the following apply requirements are met:

AB426-ASA1, s. 13 Section 13. 30.195 (2) (c) (intro.) of the statutes is amended to read:

AB426-ASA1,7,14 30.195 (2) (c) (intro.) The department shall issue an individual permit applied for under this section to a riparian owner if the department determines that all of the following apply requirements are met: