SB77-SSA1,1598,221
295.20
(1) (b) A governmental unit that receives notification under par. (a) 2.
22may contest registration under this subsection, in the circuit court for a county in
23which the land is located, on the grounds that there is not a marketable nonmetallic
24mineral deposit on the land or that par. (a) 3. is not satisfied. The governmental unit
1has the burden of proving, by a preponderance of the evidence, that one of those
2grounds exists.
SB77-SSA1,1598,74
295.20
(1m) Previously registered deposits. Land registered under sub. (1)
5before the effective date of this subsection .... [revisor inserts date], shall remain
6registered for 10 years after the initial date of registration. The registration may be
7renewed as provided under sub. (4) (f).
SB77-SSA1, s. 3781
8Section
3781. 295.20 (2) of the statutes is renumbered 295.20 (2) (a) and
9amended to read:
SB77-SSA1,1598,1610
295.20
(2) (a) A county, city, village or town may not by zoning, rezoning,
11granting a variance, or other official action or inaction, permit the erection of
12permanent structures upon, or otherwise permit the use of, any
registered
13nonmetallic mineral deposit or registered buffer area land, while a registration
14under this section is in effect for that land, in a manner that would permanently
15interfere with the present or future extraction of the nonmetallic mineral deposit
or 16maintenance of the buffer area that is located on the land.
SB77-SSA1,1598,2218
295.20
(2) (b) 1. A county, city, village or town may enact an ordinance changing
19the zoning of land that is registered under this section if mining has not begun on
20any portion of the registered land and the ordinance is necessary to implement a
21master plan, comprehensive plan or land use plan that was adopted at least one year
22before the rezoning.
SB77-SSA1,1599,223
2. A zoning change authorized by subd. 1. does not apply to the registered land
24during the registration period in effect when the zoning ordinance takes effect or
1during the 10-year renewal period under sub. (4) (e) or (f) if the land is eligible for
2that renewal.
SB77-SSA1,1599,43
3. A zoning change authorized by subd. 1. prevents the registration of the land
4after the period under subd. 2.
SB77-SSA1, s. 3783
5Section
3783. 295.20 (3) (a) and (b) of the statutes are amended to read:
SB77-SSA1,1599,76
295.20
(3) (a) A use of land permissible under a zoning ordinance
in effect on
7the day before a mineral deposit
or buffer area is registered under sub. (1).
SB77-SSA1,1599,118
(b) Acquisition of a registered nonmetallic mineral deposit or registered buffer
9area by a county, city, village or town or other governmental unit for a public purpose
10if the use of the land does not permanently interfere with the extraction of
11nonmetallic minerals or maintenance of the buffer area.
SB77-SSA1,1599,1413
295.20
(4) Rules. The department shall promulgate rules that contain all of
14the following:
SB77-SSA1,1599,1515
(a) A definition of "marketable nonmetallic mineral deposit".
SB77-SSA1,1599,1716
(b) Procedures and requirements for registering land containing a marketable
17nonmetallic mineral deposit under sub. (1).
SB77-SSA1,1599,1918
(c) Procedures and criteria for objecting to the proposed registration of land
19containing a nonmetallic mineral deposit.
SB77-SSA1,1599,2120
(d) Procedures for terminating the registration of land under this section when
21there is no longer a marketable nonmetallic mineral deposit on the land.
SB77-SSA1,1600,222
(e) Procedures and criteria for renewing the registration of land under sub. (1).
23The rules shall allow renewal for one 10-year period without review of the
24marketability of the deposit or the zoning of the land, except that, if mining has
25begun on any portion of the registered land, the rules shall allow the person to renew
1the registration for an unlimited number of 10-year periods as long as active mining
2continues.
SB77-SSA1,1600,43
(f) Procedures and criteria for renewing the registration of land under sub.
4(1m).
SB77-SSA1,1600,75
(g) Criteria under which contiguous parcels of land owned by the same person
6and containing the same marketable nonmetallic mineral deposit may be included
7in one registration.
SB77-SSA1,1600,1210
299.15
(3) (cm) 2. In any fiscal year
after fiscal year 1992-93, the department
11may not charge total fees under par. (am) that exceed
the total fees that it charges
12under par. (am) for fiscal year 1992-93 $7,450,000.
SB77-SSA1,1600,15
14299.80 Environmental cooperation pilot program. (1) Definitions. In
15this section:
SB77-SSA1,1600,1716
(a) "Approval" means a permit, license or other approval issued by the
17department under chs. 280 to 295.
SB77-SSA1,1600,1818
(b) "Cooperative agreement" means an agreement entered into under sub. (6).
SB77-SSA1,1600,2319
(c) "Environmental management system" means an organized set of
20procedures implemented by the owner or operator of a facility to evaluate the
21environmental performance of the facility and to achieve measurable or noticeable
22improvements in that environmental performance through planning and changes in
23the facility's operations.
SB77-SSA1,1601,3
1(d) "Environmental performance" means the effects, whether regulated under
2chs. 280 to 295 or unregulated, of a facility on air, water, land, natural resources and
3human health.
SB77-SSA1,1601,54
(e) "Facility" means all buildings, equipment and structures located on a single
5parcel or on adjacent parcels that are owned or operated by the same person.
SB77-SSA1,1601,86
(f) "Interested person" means a person who is or may be affected by the
7activities at a facility that is covered or proposed to be covered by a cooperative
8agreement or a representative of such a person.
SB77-SSA1,1601,149
(g) "Performance evaluation" means a systematic, documented and objective
10review, conducted by or on behalf of the owner or operator of a facility, of the
11environmental performance of the facility, including an evaluation of compliance
12with the cooperative agreement covering the facility, approvals that are not replaced
13by the cooperative agreement and the provisions of chs. 280 to 295 and rules
14promulgated under those chapters for which a variance is not granted under sub. (4).
SB77-SSA1,1601,1515
(h) "Pollutant" means any of the following:
SB77-SSA1,1601,1916
1. Any dredged spoil, solid waste, incinerator residue, sewage, garbage, refuse,
17oil, sewage sludge, munitions, chemical wastes, biological materials, radioactive
18substance, heat, wrecked or discarded equipment, rock, sand, cellar dirt or
19industrial, municipal or agricultural waste discharged into water or onto land.
SB77-SSA1,1601,2220
2. Any dust, fumes, mist, liquid, smoke, other particulate matter, vapor, gas,
21odorous substances or any combination of those things emitted into the air, but not
22uncombined water vapor.
SB77-SSA1,1602,223
(i) "Violation" means a violation of a cooperative agreement, of an approval that
24is not replaced by the cooperative agreement or of a provision of chs. 280 to 295 and
1rules promulgated under those chapters for which a participant has not received a
2variance under sub. (4).
SB77-SSA1,1602,6
3(2) Pilot program. The department shall administer a pilot program under
4which it enters into not more than 10 cooperative agreements to evaluate innovative
5environmental regulatory methods. In administering the program, the department
6shall do all of the following:
SB77-SSA1,1602,97
(a) Provide at least the same level of protection of public health and the
8environment as provided by the environmental regulatory methods under chs. 280
9to 295.
SB77-SSA1,1602,1110
(b) Encourage facility owners and operators to systematically assess the
11pollution that they cause, directly and indirectly, to the air, water and land.
SB77-SSA1,1602,1412
(c) Encourage facility owners and operators to implement efficient and cost-
13effective pollution reduction strategies for their facilities, while complying with
14verifiable and enforceable pollution limits.
SB77-SSA1,1602,2115
(d) Encourage facility owners and operators to achieve superior environmental
16performance, both with respect to the effects of a facility that are regulated under
17chs. 280 to 295 and those effects that are unregulated, to reduce usage of natural
18resources, to minimize transfers of waste discharges among air, water and land and
19to reduce waste generation, while achieving a balance among the economic, social
20and environmental impacts of these efforts that is acceptable to the community in
21which the facility is located.
SB77-SSA1,1602,2522
(e) Recognize and reward facility owners and operators who have
23demonstrated excellence and leadership in environmental stewardship or pollution
24prevention and who can achieve reductions in emissions and waste generation
25through implementation of innovative measures.
SB77-SSA1,1603,2
1(f) Encourage the transfer of information about methods for improving
2environmental performance and the adoption of these methods by others.
SB77-SSA1,1603,53
(g) Consolidate into a cooperative agreement environmental requirements
4relating to a facility owned or operated by a participant that are otherwise included
5in separate approvals to the extent that consolidation is practical and efficient.
SB77-SSA1,1603,86
(h) Grant the owners and operators of facilities greater flexibility than would
7otherwise be allowed under chs. 280 to 295 and rules promulgated under those
8chapters.
SB77-SSA1,1603,119
(i) Seek to reduce the time and money spent by government and owners and
10operators of facilities on paperwork and other administrative tasks that do not result
11in benefits to the environment.
SB77-SSA1,1603,1412
(j) Encourage public participation, and consensus among interested persons,
13in the development of innovative environmental regulatory methods and in
14monitoring the environmental performance of projects under this section.
SB77-SSA1,1603,1615
(k) Seek to improve the provision of useful information to the public about the
16environmental and human health impacts of facilities on communities.
SB77-SSA1,1603,1817
(L) Provide public access to information about performance evaluations
18conducted by participants in the program under this section.
SB77-SSA1,1603,2019
(m) Encourage facility owners and operators and communities to work together
20to reduce pollution to levels below the levels required under chs. 280 to 295.
SB77-SSA1,1603,2421
(n) Seek to increase trust among government, facility owners and operators
22and the public through open communication and support of early and credible
23resolution of conflicts over issues concerning the environment and environmental
24regulation.
SB77-SSA1,1604,2
1(3) Content of cooperative agreements. A cooperative agreement shall do all
2of the following:
SB77-SSA1,1604,43
(a) Identify the facility or facilities, the activities and the pollutants that are
4covered by the cooperative agreement.
SB77-SSA1,1604,65
(b) Specify any approvals and provisions of approvals that are replaced by the
6cooperative agreement.
SB77-SSA1,1604,127
(c) Commit the participant to implement an environmental management
8system that is based on the standards for environmental management systems
9issued by the International Organization for Standardization, or an alternative
10environmental management system that is acceptable to the department, at the
11covered facilities and commit the participant to documenting the environmental
12management system.
SB77-SSA1,1604,1713
(d) Commit the participant to superior environmental performance, to
14achieving measurable or noticeable improvements in environmental performance,
15to reducing natural resource usage and to reducing waste generation, while
16achieving a balance among the economic, social and environmental impacts of these
17efforts that is acceptable to the community in which the facility is located.
SB77-SSA1,1604,1818
(e) Specify waste reduction goals in measurable and verifiable terms.
SB77-SSA1,1604,2319
(f) Identify changes in raw materials, in the design, methods of production,
20distribution or uses of products or in the reuse, recycling or disposal of materials that
21the participant will implement to achieve process efficiencies, to reduce the pollution
22of the air, water and land and to reduce water use, energy use or indoor chemical
23exposure.
SB77-SSA1,1605,3
1(g) Contain pollution limits that are verifiable, enforceable and at least as
2stringent as the pollution limits under chs. 280 to 295 and rules promulgated under
3those chapters.
SB77-SSA1,1605,54
(h) Describe the operational flexibility granted to the participant and any
5variances granted under sub. (4).
SB77-SSA1,1605,76
(i) Contain the requirements that would be included in any approvals that are
7replaced by the cooperative agreement, as modified under pars. (g) and (h).
SB77-SSA1,1605,108
(j) Require the participant to submit a baseline performance evaluation within
9180 days of the date that the cooperative agreement is entered into and to update the
10performance evaluation periodically.
SB77-SSA1,1605,1211
(k) Require the participant to report any violations discovered during a
12performance evaluation as required in sub. (12).
SB77-SSA1,1605,1813
(L) Ensure that members of the interested persons group, established as
14required under sub. (5) (b), have the opportunity to comment on the participant's
15environmental management system and are involved in reviewing the participant's
16performance under the cooperative agreement and require a process that seeks
17consensus between the participant and interested persons over issues concerning
18that performance.
SB77-SSA1,1605,2019
(m) Require the participant to assist interested persons to understand the
20implementation of the cooperative agreement.
SB77-SSA1,1606,221
(n) Require the participant to provide information to the public about the
22participant's environmental performance and the results of the project, including
23environmental, social and economic impacts, and to meet with interested persons at
24least once every 6 months to discuss the implementation of the participant's
1environmental management system and to receive comments on the progress of the
2project.
SB77-SSA1,1606,43
(o) Describe how the participant will measure the opinions of its employes and
4the public concerning its participation in the program under this section.
SB77-SSA1,1606,75
(p) Require the participant to assess the success of the project in reducing the
6time and money spent by the participant on paperwork and other administrative
7activities that do not directly benefit the environment.
SB77-SSA1,1606,98
(q) Specify that the term of the agreement is 5 years with the possibility of a
9renewal for up to 5 years as provided in sub. (6e).
SB77-SSA1,1606,14
10(4) Variances. (a) If chs. 280 to 295 or rules promulgated under those chapters
11authorize the department to grant a variance from a requirement that would
12otherwise apply to a facility covered by a cooperative agreement and the participant
13qualifies under the standards provided in the statutes or rules for granting the
14variance, the department may grant a variance from that requirement.
SB77-SSA1,1606,1915
(b) If a variance is not authorized under par. (a), the department may grant a
16participant a variance from a requirement in chs. 280 to 295 that would otherwise
17apply to a facility covered by a cooperative agreement if the variance results in a
18measurable reduction in overall levels of pollution caused by the participant and is
19consistent with subs. (2) and (3) (g) and does one of the following:
SB77-SSA1,1606,2120
1. Promotes the reduction in overall levels of pollution to below the levels
21required under chs. 280 to 295.
SB77-SSA1,1607,222
2. Provides for alternative monitoring, testing, record keeping, notification or
23reporting requirements that reduce the administrative burden on state agencies or
24the participant and that provide the information needed to ensure compliance with
25the cooperative agreement and the provisions of chs. 280 to 295 and rules
1promulgated under those chapters for which the cooperative agreement does not
2grant a variance.
SB77-SSA1,1607,6
3(5) Application. The department shall solicit applications for participation in
4the program under this section. The owner or operator of a facility that is required
5to be covered by at least one approval under chs. 280 to 295 may apply to participate
6in the pilot program by submitting all of the following:
SB77-SSA1,1607,77
(a) A proposed cooperative agreement that satisfies sub. (3).
SB77-SSA1,1607,128
(b) A description of the process used by the applicant to establish an interested
9persons group that includes residents of the area in which the facility proposed to be
10covered by the agreement is located, a list of members of the interested persons group
11and a description of the involvement of the interested persons group in the
12development of the proposed cooperative agreement.
SB77-SSA1,1607,22
13(6) Entering into cooperative agreements. (a) The department shall review
14each application submitted under sub. (5). Upon completion of that review, the
15department shall decide whether to enter into negotiations with the applicant. In
16determining whether to enter into negotiations and in selecting participants, the
17department shall seek to ensure participation by a variety of types, sizes and
18locations of facilities and shall consult with the federal environmental protection
19agency. A decision by the department not to enter into negotiations is not subject to
20review under ch. 227. If the department decides to enter into negotiations, it shall
21prepare a draft cooperative agreement and provide public notice of its decision in the
22manner provided in sub. (8) (d).
SB77-SSA1,1607,2523
(b) During negotiations concerning a proposed cooperative agreement, the
24department may not modify or revoke any approval for a facility that would be
25replaced by the cooperative agreement if the applicant is not violating the approval.
SB77-SSA1,1608,3
1(c) The department may terminate negotiations with an applicant concerning
2a proposed cooperative agreement and the decision to terminate negotiations is not
3subject to review under ch. 227.
SB77-SSA1,1608,104
(d) Except as provided in par. (e), the department may enter into a cooperative
5agreement with an applicant if the department determines that the applicant's
6efforts described under sub. (5) (b) were adequate, that the cooperative agreement
7complies with sub. (3) and that entering into the agreement will assist the
8department to comply with sub. (2). The decision by the department to enter into a
9cooperative agreement is not subject to review under ch. 227. A cooperative
10agreement is subject to review under ch. 227.
SB77-SSA1,1608,1311
(e) The department may not enter into an initial cooperative agreement after
12the first day of the 60th month beginning after the effective date of this paragraph
13.... [revisor inserts date].
SB77-SSA1,1608,24
14(6e) Extension of cooperative agreement. If the department determines that
15renewal of a cooperative agreement is consistent with sub. (2) and if the participant
16agrees to renewal, the department may notify the joint committee on finance that the
17department proposes to renew the cooperative agreement. If, within 14 working
18days after the date that the department submits the proposal, the cochairpersons of
19the committee notify the secretary that the committee has scheduled a meeting for
20the purpose of reviewing the proposal, the department may not renew the
21cooperative agreement until the committee approves the proposal. If the
22cochairpersons of the committee do not so notify the secretary, the department may
23renew the cooperative agreement. A cooperative agreement may be renewed for one
245-year term.
SB77-SSA1,1609,6
1(6m) Expiration of cooperative agreement. If a participant timely submits an
2application for an approval that is replaced by a cooperative agreement and submits
3any information requested by the department to enable the department to act on the
4application, but the department does not issue the approval before the cooperative
5agreement expires, sub. (9) (a) continues to apply and the provisions of the
6cooperative agreement continue to apply until the approval is issued.
SB77-SSA1,1609,10
7(7) Amendment, revocation of cooperative agreement. (a) This subsection
8applies to the amendment or revocation of a cooperative agreement, notwithstanding
9any provisions of chs. 280 to 295 concerning the amendment or revocation of
10approvals.
SB77-SSA1,1609,1211
(b) 1. The department may amend a cooperative agreement with the consent
12of the participant.
SB77-SSA1,1609,1413
2. The department may, after an opportunity for a hearing, amend a
14cooperative agreement for cause, including any of the following:
SB77-SSA1,1609,1515
a. A change in federal or state environmental laws.
SB77-SSA1,1609,1616
b. A violation of the cooperative agreement.