SB77: Bill Text

SB77, s. 3777 Section 3777. 295.20 (1) of the statutes is renumbered 295.20 (1) (a) (intro.) and amended to read:

SB77,1508,9 295.20 (1) (a) (intro.) Beginning on June 1, 1994 the effective date of this paragraph .... [revisor inserts date], a landowner may register land owned by that person with each county in which the land is located if the under this section if all of the following apply:

SB77,1508,13 1. The land has an economically viable a marketable nonmetallic mineral deposit, as evidenced by the certification of a professional geologist registered under s. 443.037 or a professional engineer registered under s. 443.04 and by any other information required under sub. (4).

SB77,1508,18 (c) The registration shall delineate the nonmetallic mineral deposit and the necessary buffer areas under the nonmetallic mining reclamation ordinance. The landowner, as a condition of registration, shall submit evidence that a notation of the registration has been is valid only if recorded in the office of the register of deeds in each county in which the nonmetallic mineral deposit or buffer area is located. A

SB77,1508,22 (d) Except as provided under sub. (4) (d), a registration under this subsection may not be rescinded by the county or the landowner or his or her successors or assigns lasts for 10 years and may be renewed for one additional 10-year period as provided in the rules under sub. (4) (e).

SB77, s. 3778 Section 3778. 295.20 (1) (a) 2. and 3. of the statutes are created to read:

SB77,1509,2 295.20 (1) (a) 2. The landowner notifies each county, city, village and town that has authority to zone the land of his or her intent to register the marketable nonmetallic mineral deposit. The notification shall include the evidence required under subd. 1.

SB77,1509,5 3. Nonmetallic mining is a permitted or conditional use for the land that is proposed to be registered under any zoning that is in effect on the day on which the landowner makes the notification under subd. 2.

SB77, s. 3779 Section 3779. 295.20 (1) (b) of the statutes is created to read:

SB77,1509,12 295.20 (1) (b) A governmental unit that receives notification under par. (a) 2. may contest registration under this subsection, in the circuit court for a county in which the land is located, on the grounds that there is not a marketable nonmetallic mineral deposit on the land or that par. (a) 3. is not satisfied. The governmental unit has the burden of proving, by a preponderance of the evidence, that one of those grounds exists.

SB77, s. 3780 Section 3780. 295.20 (1m) of the statutes is created to read:

SB77,1509,17 295.20 (1m) Previously registered deposits. Land registered under sub. (1) before the effective date of this subsection .... [revisor inserts date], shall remain registered for 10 years after the initial date of registration. The registration may be renewed as provided under sub. (4) (f).

SB77, s. 3781 Section 3781. 295.20 (2) of the statutes is renumbered 295.20 (2) (a) and amended to read:

SB77,1510,2 295.20 (2) (a) A county, city, village or town may not by zoning, rezoning, granting a variance, or other official action or inaction, permit the erection of permanent structures upon, or otherwise permit the use of, any registered nonmetallic mineral deposit or registered buffer area land, while a registration under this section is in effect for that land, in a manner that would permanently interfere with the present or future extraction of the nonmetallic mineral deposit or maintenance of the buffer area that is located on the land.

SB77, s. 3782 Section 3782. 295.20 (2) (b) of the statutes is created to read:

SB77,1510,7 295.20 (2) (b) 1. A county, city, village or town may enact an ordinance changing the zoning of land that is registered under this section if the ordinance is necessary to implement a master plan, comprehensive plan or land use plan that was adopted at least one year before the rezoning.

SB77,1510,11 2. A zoning change authorized by subd. 1. does not apply to the registered land during the registration period in effect when the zoning ordinance takes effect or during the 10-year renewal period under sub. (4) (e) or (f) if the land is eligible for that renewal.

SB77,1510,13 3. A zoning change authorized by subd. 1. prevents the registration of the land after the period under subd. 2.

SB77, s. 3783 Section 3783. 295.20 (3) (a) and (b) of the statutes are amended to read:

SB77,1510,16 295.20 (3) (a) A use of land permissible under a zoning ordinance in effect on the day before a mineral deposit or buffer area is registered under sub. (1).

SB77,1510,20 (b) Acquisition of a registered nonmetallic mineral deposit or registered buffer area by a county, city, village or town or other governmental unit for a public purpose if the use of the land does not permanently interfere with the extraction of nonmetallic minerals or maintenance of the buffer area.

SB77, s. 3784 Section 3784. 295.20 (4) of the statutes is created to read:

SB77,1510,23 295.20 (4) Rules. The department shall promulgate rules that contain all of the following:

SB77,1510,24 (a) A definition of "marketable nonmetallic mineral deposit".

SB77,1511,2 (b) Procedures and requirements for registering marketable nonmetallic mineral deposits under sub. (1).

SB77,1511,4 (c) Procedures and criteria for objecting to the proposed registration of a nonmetallic mineral deposit.

SB77,1511,6 (d) Procedures for terminating the registration of land under this section when there is no longer a marketable nonmetallic mineral deposit on the land.

SB77,1511,9 (e) Procedures and criteria for renewing the registration of land under sub. (1). The rules shall allow renewal for one 10-year period without review of the marketability of the deposit or the zoning of the land.

SB77,1511,11 (f) Procedures and criteria for renewing the registration of land under sub. (1m).

SB77, s. 3785 Section 3785. 299.05 of the statutes is created to read:

SB77,1511,18 299.05 Permit guarantee program. (1) The department shall promulgate rules under which the department refunds fees paid by an applicant for a license, permit or other approval that is issued under ss. 30.10 to 30.205 or 30.21 to 30.27 or chs. 280 to 295 and that is of a type specified in the rule if the department fails to make a determination on the application within the time limit specified in the rule for that type of license, permit or other approval.

SB77,1511,20 (2) The department shall specify at least the following types of licenses, permits and other approvals in the rules under sub. (1):

SB77,1511,21 (a) Permits and other approvals under ss. 30.10 to 30.205 and 30.21 to 30.27.

SB77,1511,22 (b) Approvals under s. 281.17 (1).

SB77,1511,23 (c) Permits under subch. IV of ch. 283.

SB77,1511,24 (d) Permits under subch. VII of ch. 285.

SB77,1511,25 (e) Licenses under subch. III of ch. 289.

SB77,1512,1 (f) Licenses issued under subch. IV of ch. 291.

SB77, s. 3786 Section 3786. 299.07 of the statutes is created to read:

SB77,1512,7 299.07 License denial, nonrenewal and revocation based on tax delinquency. (1) (a) The department shall require each applicant to provide the department with the applicant's social security number, if the applicant is an individual, or the applicant's federal employer identification number, if the applicant is not an individual, as a condition of issuing or renewing any of the following:

SB77,1512,8 1. A registration under s. 280.15.

SB77,1512,9 2. A certification under s. 281.17 (3).

SB77,1512,10 3. A license or certification under s. 281.48 (3).

SB77,1512,11 4. A certification under s. 285.51 (2).

SB77,1512,12 5. A certification under s. 289.42 (1).

SB77,1512,13 6. A license under s. 291.23.

SB77,1512,14 7. A license under s. 293.21.

SB77,1512,15 8. A license under s. 293.25 (2).

SB77,1512,16 9. A permit under s. 293.45.

SB77,1512,17 10. A license under s. 295.33.

SB77,1512,19 (b) The department may not disclose any information received under par. (a) to any person except as follows:

SB77,1512,21 1. To the department of revenue for the purpose of requesting certifications under s. 73.0301.

SB77,1512,24 2. If the department is required to obtain the information under s. 299.08 (1) (a), to the department of industry, labor and job development in accordance with a memorandum of understanding under s. 49.857.

SB77,1513,5 (2) The department shall deny an application for the issuance or renewal of a license, registration or certification specified in sub. (1) (a), or shall revoke a license, registration or certification specified in sub. (1) (a), if the department of revenue certifies under s. 73.0301 that the applicant or holder of the license, registration or certification is liable for delinquent taxes.

SB77, s. 3787 Section 3787. 299.08 of the statutes is created to read:

SB77,1513,10 299.08 License denial, nonrenewal, suspension or restriction based on failure to pay support. (1) (a) The department shall require each applicant who is an individual to provide the department with the applicant's social security number as a condition of issuing or renewing any of the following:

SB77,1513,11 1. A registration under s. 280.15.

SB77,1513,12 2. A certification under s. 281.17 (3).

SB77,1513,13 3. A license or certification under s. 281.48 (3).

SB77,1513,14 4. A certification under s. 285.51 (2).

SB77,1513,15 5. A certification under s. 289.42 (1).

SB77,1513,16 6. A license under s. 291.23.

SB77,1513,17 7. A license under s. 299.51 (3) (c).

SB77,1513,19 (b) The department may not disclose any information received under par. (a) to any person except as follows:

SB77,1513,21 1. To the department of industry, labor and job development in accordance with a memorandum of understanding under s. 49.857.

SB77,1513,24 2. If the department is required to obtain the information under s. 299.07 (1) (a), to the department of revenue for the purpose of requesting certifications under s. 73.0301.

SB77,1514,6 (2) The department shall deny an application for the issuance or renewal of a license, registration or certification specified in sub. (1) (a), or shall suspend a license, registration or certification specified in sub. (1) (a) for failure to make court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse, as required in a memorandum of understanding under s. 49.857.

SB77, s. 3788 Section 3788. 299.71 of the statutes is created to read:

SB77,1514,10 299.71 Environmental performance council. (1) The environmental performance council shall advise the secretary of natural resources and the governor concerning all of the following:

SB77,1514,13 (a) Ways to integrate this state's efforts related to environmental management systems with national and international activities related to environmental management systems.

SB77,1514,15 (b) The development of incentives to promote superior environmental performance by businesses and local governments.

SB77,1514,18 (c) Ways that the public sector and the private sector can work together to make the most effective use of resources to enhance environmental performance and the competitiveness of this state's businesses.

SB77,1514,20 (d) Ways to ensure that this state's methods of environmental regulation comply with federal law.

SB77,1514,23 (e) The development of a method for certifying environmental management systems that is compatible with standards issued by the International Organization for Standardization.

SB77,1515,3 (f) The evaluation of projects designed to demonstrate the effectiveness of environmental management systems, efforts to provide the public with more information about environmental matters and granting environmental regulatory flexibility in improving environmental performance by businesses and local governments.

SB77,1515,6 (g) State policies, rules and programs that would enhance the competitiveness of this state's businesses and opportunities for this state's businesses and residents through improvements in environmental performance and the quality of products.

SB77,1515,9 (2) The department of administration, the department of commerce, the department of natural resources and the University of Wisconsin System may designate staff to support the activities of the environmental performance council.

SB77,1515,12 (3) The environmental performance council shall submit a report on its activities annually to the legislature under s. 13.172 (2), to the secretary and to the governor.

SB77, s. 3789 Section 3789. 299.80 of the statutes is created to read:

SB77,1515,15 299.80 Environmental cooperation pilot program. (1) Definitions. In this section:

SB77,1515,17 (a) "Approval" means a permit, license or other approval issued by the department under chs. 280 to 295.

SB77,1515,18 (b) "Cooperative agreement" means an agreement entered into under sub. (6).

SB77,1515,23 (c) "Environmental management system" means an organized set of procedures implemented by the owner or operator of a facility to evaluate the environmental performance of the facility and to achieve measurable or noticeable improvements in that environmental performance through planning and changes in the facility's operations.

SB77,1516,3 (d) "Environmental performance" means the effects, whether regulated under chs. 280 to 295 or unregulated, of a facility on air, water, land, natural resources and human health.

SB77,1516,5 (e) "Facility" means all buildings, equipment and structures located on a single parcel or on adjacent parcels that are owned or operated by the same person.

SB77,1516,8 (f) "Interested person" means a person who is or may be affected by the activities at a facility that is covered or proposed to be covered by a cooperative agreement.

SB77,1516,14 (g) "Performance evaluation" means a systematic, documented and objective review, conducted by or on behalf of the owner or operator of a facility, of the environmental performance of the facility, including an evaluation of compliance with the cooperative agreement covering the facility, approvals that are not replaced by the cooperative agreement and the provisions of chs. 280 to 295 and rules promulgated under those chapters for which a variance is not granted under sub. (4).

SB77,1516,15 (h) "Pollutant" means any of the following:

SB77,1516,19 1. Any dredged spoil, solid waste, incinerator residue, sewage, garbage, refuse, oil, sewage sludge, munitions, chemical wastes, biological materials, radioactive substance, heat, wrecked or discarded equipment, rock, sand, cellar dirt or industrial, municipal or agricultural waste discharged into water or onto land.