Amendment SSA2-SB1

LRBs0008/1

RCT/MGG/RK/JK:cjs:ph

2013 - 2014 LEGISLATURE

SENATE SUBSTITUTE AMENDMENT 2, TO SENATE BILL 1

February 21, 2013 - Offered by Senator Tiffany.

SB1-SSA2,2,11 An Act to repeal 107.001 (2) and 293.01 (8); to renumber and amend 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), 25.46 (7), 29.604 (4) (intro.), 29.604 (4) (c) (intro.), 30.025 (1e) (a), 30.12 (3m) (c) (intro.), 30.133 (2), 30.19 (4) (c) (intro.), 30.195 (2) (c) (intro.), 32.02 (12), 70.375 (1) (as), 70.375 (1) (bm), 70.375 (4) (h), 70.38 (2), 70.395 (1e), 70.395 (2) (dc) 1., 70.395 (2) (dc) 2., 70.395 (2) (dc) 3., 70.395 (2) (dc) 4., 70.395 (2) (fm), 70.395 (2) (g) (intro.), 70.395 (2) (g) 3., 70.395 (2) (h) 1., 70.395 (2) (hg), 70.395 (2) (hr), 70.395 (2) (hw), 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., 281.36 (3g) (h) 2., 281.65 (2) (a), 281.75 (17) (b), 283.84 (3m), 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., 706.01 (9) and 710.02 (2) (d); to repeal and recreate 70.375 (1) (ar); and to create 20.370 (2) (gi), 23.321 (2g), 29.604 (7m), 30.025 (1e) (c), 31.23 (3) (e), 70.375 (4m), 77.105, 77.883, 87.30 (2) (b), 196.491 (3) (a) 3. c., 227.483 (3) (c), 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:

SB1-SSA2,1 Section 1. 20.370 (2) (gh) of the statutes is amended to read:

SB1-SSA2,2,17 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.

SB1-SSA2,2 Section 2. 20.370 (2) (gi) of the statutes is created to read:

SB1-SSA2,2,21 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.

SB1-SSA2,3 Section 3. 20.455 (1) (gh) of the statutes is amended to read:

SB1-SSA2,3,4 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.

SB1-SSA2,4 Section 4. 20.566 (7) (e) of the statutes is amended to read:

SB1-SSA2,3,8 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), 295.443, and 295.61 (9) (a) and (c).

SB1-SSA2,5 Section 5. 20.566 (7) (v) of the statutes is amended to read:

SB1-SSA2,3,13 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) , 295.443, and 295.61 (9) (a) and (c).

SB1-SSA2,6 Section 6. 23.321 (2g) of the statutes is created to read:

SB1-SSA2,3,20 23.321 (2g) Services for mining operations. In addition to those persons authorized to request a wetland identification or confirmation under sub. (2) (b) or (c), a holder of an easement may request such an identification or confirmation if the identification or confirmation is associated with an application for a wetland individual permit or other approval for which a wetland impact evaluation is required and that is subject to s. 295.60.

SB1-SSA2,7 Section 7. 25.46 (7) of the statutes is amended to read:

SB1-SSA2,3,24 25.46 (7) The fees imposed under s. 289.67 (1) for environmental management, except that for each ton of waste, of the fees imposed under s. 289.67 (1) (cp) or (cv), $3.20 for each ton of waste is for nonpoint source water pollution abatement.

SB1-SSA2,9 Section 9. 29.604 (4) (intro.) of the statutes is amended to read:

SB1-SSA2,4,2 29.604 (4) Prohibition. (intro.) Except as provided in sub. (6r) and (7m) or as permitted by departmental rule or permit:

SB1-SSA2,10 Section 10. 29.604 (4) (c) (intro.) of the statutes is amended to read:

SB1-SSA2,4,8 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:

SB1-SSA2,11 Section 11. 29.604 (7m) of the statutes is created to read:

SB1-SSA2,4,16 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.

SB1-SSA2,12 Section 12. 30.025 (1e) (a) of the statutes is amended to read:

SB1-SSA2,4,20 30.025 (1e) (a) Except as provided in par. pars. (b) and (c), this section applies to a proposal to construct a utility facility if the utility facility is required to obtain, or give notification of the wish to proceed under, one or more permits.

SB1-SSA2,13 Section 13. 30.025 (1e) (c) of the statutes is created to read:

SB1-SSA2,4,25 30.025 (1e) (c) This section does not apply to a proposal to construct a utility facility for ferrous mineral mining and processing activities governed by subch. III of ch. 295, unless the person proposing to construct the utility facility elects to proceed in the manner provided under this section.

SB1-SSA2,21 Section 21. 30.12 (3m) (c) (intro.) of the statutes is amended to read:

SB1-SSA2,5,4 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:

SB1-SSA2,22 Section 22. 30.123 (8) (c) of the statutes is renumbered 30.123 (8) (c) (intro.) and amended to read:

SB1-SSA2,5,9 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:

SB1-SSA2,5,10 1. The bridge or culvert will not materially obstruct navigation,.

SB1-SSA2,5,12 2. The bridge or culvert will not materially reduce the effective flood flow capacity of a stream, and.

SB1-SSA2,5,13 3. The bridge or culvert will not be detrimental to the public interest.

SB1-SSA2,23 Section 23. 30.133 (2) of the statutes is amended to read:

SB1-SSA2,5,20 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.

SB1-SSA2,24 Section 24. 30.19 (4) (c) (intro.) of the statutes is amended to read:

SB1-SSA2,5,24 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:

SB1-SSA2,25 Section 25. 30.195 (2) (c) (intro.) of the statutes is amended to read:

SB1-SSA2,6,3 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:

SB1-SSA2,26 Section 26. 31.23 (3) (e) of the statutes is created to read:

SB1-SSA2,6,7 31.23 (3) (e) This subsection does not apply to a bridge that is constructed, maintained, or operated in association with mining or bulk sampling that is subject to subch. III of ch. 295.

SB1-SSA2,27 Section 27. 32.02 (12) of the statutes is amended to read:

SB1-SSA2,6,12 32.02 (12) Any person operating a plant which creates waste material which, if released without treatment would cause stream pollution, for the location of treatment facilities. This subsection does not apply to a person licensed with a permit under ch. 293 or subch. III of ch. 295.

SB1-SSA2,27g Section 27g. 70.375 (1) (ar) of the statutes is repealed and recreated to read:

SB1-SSA2,6,16 70.375 (1) (ar) "Internal Revenue Code" means the federal Internal Revenue Code, as amended, and applicable federal regulations adopted by the federal department of the treasury.

SB1-SSA2,28 Section 28. 70.375 (1) (as) of the statutes is amended to read:

SB1-SSA2,6,20 70.375 (1) (as) "Mine" means an excavation in or at the earth's surface made to extract metalliferous minerals for which a permit has been issued under s. 293.49 or 295.58.

SB1-SSA2,29 Section 29. 70.375 (1) (bm) of the statutes is amended to read:

SB1-SSA2,7,4 70.375 (1) (bm) "Mining-related purposes" means activities which are directly in response to the application for a mining permit under s. 293.37 or 295.47; directly in response to construction, operation, curtailment of operation or cessation of operation of a metalliferous mine site; or directly in response to conditions at a metalliferous mine site which is not in operation. "Mining-related purposes" also includes activities which anticipate the economic and social consequences of the cessation of mining. "Mining-related purposes" also includes the purposes under s. 70.395 (2) (g).

SB1-SSA2,30 Section 30. 70.375 (4) (h) of the statutes is amended to read:

SB1-SSA2,7,7 70.375 (4) (h) The cost of premiums for bonds required under s. 293.51, 295.45 (5), or 295.59.

SB1-SSA2,30d Section 30d. 70.375 (4m) of the statutes is created to read:

SB1-SSA2,7,12 70.375 (4m) Generally accepted accounting principles. Except as otherwise provided under this section, a person subject to the tax imposed under sub. (2), shall use generally accepted accounting principles to determine the person's net proceeds occupation tax liability under this section.

SB1-SSA2,31 Section 31. 70.38 (2) of the statutes is amended to read:

SB1-SSA2,7,17 70.38 (2) Combined reporting. If the same person extracts metalliferous minerals from different sites in this state, the net proceeds for each site for which a permit has been issued under s. 293.49 or 295.58 shall be reported separately for the purposes of computing the amount of the tax under s. 70.375 (5).

SB1-SSA2,32 Section 32. 70.395 (1e) of the statutes is amended to read:

SB1-SSA2,8,2 70.395 (1e) Distribution. Fifteen days after the collection of the tax under ss. 70.38 to 70.39, the department of administration, upon certification of the department of revenue, shall transfer the amount collected in respect to mines not in operation on November 28, 1981, to the investment and local impact fund, except that, after the payments are made under sub. (2) (d) 1., 2., and 2m., the department of administration shall transfer 60 percent of the amount collected from each person extracting ferrous metallic minerals to the investment and local impact fund and 40 percent of the amount collected from any such person to the general fund.

SB1-SSA2,33 Section 33. 70.395 (2) (dc) 1. of the statutes is amended to read:

SB1-SSA2,8,8 70.395 (2) (dc) 1. Each person intending to submit an application for a mining permit under s. 293.37 or 295.47 shall pay $50,000 $75,000 to the department of revenue for deposit in the investment and local impact fund at the time that the person notifies the department of natural resources under s. 293.31 (1) or 295.465 of that intent.

SB1-SSA2,34 Section 34. 70.395 (2) (dc) 2. of the statutes is amended to read:

SB1-SSA2,8,12 70.395 (2) (dc) 2. A person making a payment under subd. 1. shall pay an additional $50,000 $75,000 upon notification by the board that the board has distributed 50% of the payment under subd. 1.

SB1-SSA2,35 Section 35. 70.395 (2) (dc) 3. of the statutes is amended to read:

SB1-SSA2,8,17 70.395 (2) (dc) 3. A person making a payment under subd. 2. shall pay an additional $50,000 $75,000 upon notification by the board that the board has distributed all of the payment under subd. 1. and 50% of the payment under subd. 2.

SB1-SSA2,36 Section 36. 70.395 (2) (dc) 4. of the statutes is amended to read:

SB1-SSA2,8,23 70.395 (2) (dc) 4. Six months after the signing of a local agreement under s. 293.41 or 295.443 for the proposed mine for which the payment is made, the board shall refund any funds paid under this paragraph but not distributed under par. (fm) from the investment and local impact fund to the person making the payment under this paragraph.