AB655: Bill Text

Financial assurance for nonmetallic mining reclamation

Current law requires counties to administer ordinances to ensure that nonmetallic mining sites are reclaimed. "Nonmetallic" mining means extracting substances like gravel and stone. Among other things, nonmetallic mining reclamation ordinances must require operators to provide financial assurance to ensure that the nonmetallic mine will be reclaimed. This bill provides that, if a city, village, or town requires an operator to provide financial assurance for nonmetallic mining reclamation, the county must credit the value of that financial assurance toward the amount that the operator is required to provide under the county ordinance.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

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

AB655, s. 1 Section 1. 16.957 (2) (b) 1. (intro.) of the statutes is amended to read:

AB655,21,4 16.957 (2) (b) 1. (intro.) Subject to subd. 2. and the rules promulgated under sub. (2m), after holding a hearing, establish programs for awarding grants from the appropriation under s. 20.505 (3) (s) for each of the following:

AB655, s. 2 Section 2. 16.957 (2) (c) 2. of the statutes is amended to read:

AB655,21,9 16.957 (2) (c) 2. Requirements and procedures for applications for grants awarded under programs established under par. (a) or (b) 1. The rules for grants awarded under programs established under par. (b) 1. may not be inconsistent with the rules promulgated by the commission under sub. (2m).

AB655, s. 3 Section 3. 16.957 (2m) of the statutes is created to read:

AB655,21,19 16.957 (2m) Energy conservation and efficiency grants. The commission shall promulgate rules that provide that a proposal for providing energy conservation or efficiency services is not eligible for a grant under sub. (2) (b) unless the applicant demonstrates that, no later than a reasonable period of time, as determined by the commission, after the applicant begins to implement the proposal, the economic value of the benefits resulting from the proposal will be equal to the amount of the grant. The rules shall also specify annual energy savings targets that a such proposal must be designed to achieve in order for the proposal to be eligible for a grant under sub. (2) (b).

AB655, s. 4 Section 4. 16.957 (3) (b) of the statutes is amended to read:

AB655,22,7 16.957 (3) (b) The department shall, on the basis of competitive bids, contract with one or more nonstock, nonprofit corporations organized under ch. 181 to administer the programs established under sub. (2) (b) 1., including soliciting proposals, processing grant applications, selecting, based on criteria specified in rules promulgated under sub. (2) (c) 2m. and the standards established in the rules promulgated under sub. (2m), proposals for the department to make awards and distributing grants to recipients.

AB655, s. 5 Section 5. 19.52 (3) of the statutes is amended to read:

AB655,22,11 19.52 (3) Chapters 901 to 911 apply to the admission of evidence at the hearing. The board hearing examiner shall not find a violation of this subchapter or subch. III of ch. 13 except upon clear and convincing evidence admitted at the hearing.

AB655, s. 6 Section 6. 19.52 (4) of the statutes is repealed.

AB655, s. 7 Section 7. 25.96 of the statutes is amended to read:

AB655,22,18 25.96 Utility public benefits fund. There is established a separate nonlapsible trust fund designated as the utility public benefits fund, consisting of deposits by the public service commission under s. 196.374 (3) and (3m), public benefits fees received under s. 16.957 (4) (a) and (5) (c) and (d) and contributions received under s. 16.957 (2) (c) 4. and (d) 2.

AB655, s. 8 Section 8. 29.601 (5) (a) of the statutes is amended to read:

AB655,22,23 29.601 (5) (a) This section does not apply to any activities carried out under the direction and supervision of the department of transportation in connection with the construction, reconstruction, maintenance and repair of highways and bridges in accordance with s. 30.12 (4) 30.2022.

AB655, s. 9 Section 9. 30.01 (1am) of the statutes is created to read:

AB655,23,2 30.01 (1am) "Area of special natural resource interest" means any of the following:

AB655,23,3 (a) A state natural area designated or dedicated under ss. 23.27 to 23.29.

AB655,23,5 (b) A surface water identified by the department as an outstanding or exceptional resource water under s. 281.15.

AB655,23,7 (c) An area that possesses significant scientific value, as identified by the department.

AB655, s. 10 Section 10. 30.01 (1p) of the statutes is amended to read:

AB655,23,16 30.01 (1p) "Fishing raft" means any raft, float or structure, including a raft or float with a superstructure and including a structure located or extending below or beyond the ordinary high-water mark of a water, which is designed to be used or is normally used for fishing, which is not normally used as a means of transportation on water and which is normally retained in place by means of a permanent or semipermanent attachment to the shore or to the bed of the waterway. "Fishing raft" does not include a boathouse or fixed houseboat regulated under s. 30.121 nor a wharf or pier regulated under s. ss. 30.12 and 30.13.

AB655, s. 11 Section 11. 30.01 (6b) of the statutes is repealed.

AB655, s. 12 Section 12. 30.015 of the statutes is renumbered 30.208 (2) and amended to read:

AB655,24,12 30.208 (2) Time limits for issuing permit determinations Procedure for completing applications. In issuing individual permits or entering contracts under this chapter subchapter, the department shall initially determine whether a complete application for the permit or contract has been submitted and, no later than 60 30 days after the application is submitted, notify the applicant in writing about the initial determination of completeness. If the department determines that the application is incomplete, the notice shall state the reason for the determination and the specific items of information necessary to make the application complete. An applicant may supplement and resubmit an application that the department has determined to be incomplete. There is no limit on the number of times that an applicant may resubmit an application that the department has determined to be incomplete under this section. The department may not demand items of information that are not specified in the notice as a condition for determining whether the application is complete unless both the department and the applicant agree or unless the applicant makes material additions or alterations to the activity or project for which the application has been submitted. The rules promulgated under s. 299.05 apply only to applications for individual permits or contracts under this subchapter that the department has determined to be complete.

AB655, s. 13 Section 13. 30.02 of the statutes is repealed.

AB655, s. 14 Section 14. 30.07 of the statutes is renumbered 30.2095, and 30.2095 (1) (a), as renumbered, is amended to read:

AB655,24,19 30.2095 (1) (a) Except as provided in par. (b), every permit or contract issued under ss. 30.01 to 30.29 for which a time limit is not provided by s. 30.20 (2) is void unless the activity or project is completed within 3 years after the permit or contract was issued.

AB655, s. 15 Section 15. 30.10 (4) (a) of the statutes is amended to read:

AB655,24,23 30.10 (4) (a) This section does not impair the powers granted by law under s. 30.123 30.1235 or by other law to municipalities to construct highway bridges, arches, or culverts over streams.

AB655, s. 16 Section 16. 30.11 (4) of the statutes is amended to read:

AB655,25,3 30.11 (4) Riparian rights preserved. Establishment of a bulkhead line shall not abridge the riparian rights of riparian proprietors owners. Riparian proprietors owners may place solid structures or fill up to such line.

AB655, s. 17 Section 17. 30.12 (title) of the statutes is amended to read:

AB655,25,6 30.12 (title) Structures and deposits in navigable waters prohibited; exceptions; penalty.

AB655, s. 18 Section 18. 30.12 (1) (intro.) of the statutes is renumbered 30.12 (1d) and amended to read:

AB655,25,14 30.12 (1d) General prohibition Permits required. (intro.) Except as provided under subs. (4) and (4m), unless a Unless an individual or general permit has been granted by the department pursuant to statute or issued under this section or authorization has been granted by the legislature has otherwise authorized structures or deposits in navigable waters, it is unlawful, no person may do any of the following:

AB655, s. 19 Section 19. 30.12 (1) (a) of the statutes is renumbered 30.12 (1d) (a) and amended to read:

AB655,25,18 30.12 (1d) (a) To deposit Deposit any material or to place any structure upon the bed of any navigable water where no bulkhead line has been established; or.

AB655, s. 20 Section 20. 30.12 (1) (b) of the statutes is renumbered 30.12 (1d) (b) and amended to read:

AB655,25,22 30.12 (1d) (b) To deposit Deposit any material or to place any structure upon the bed of any navigable water beyond a lawfully established bulkhead line.

AB655, s. 21 Section 21. 30.12 (1b) of the statutes is created to read:

AB655,25,25 30.12 (1b) Definition. In this section, "structure" includes a vessel for commercial storage and its anchoring device.

AB655, s. 22 Section 22. 30.12 (1g) (intro.), (a), (b) and (e) to (j) of the statutes are created to read:

AB655,26,7 30.12 (1g) Exemptions. (intro.) A riparian owner is exempt from the permit requirements under this section for the placement of a structure or the deposit of material if the structure or material is located in an area other than an area of special natural resource interest, does not interfere with the rights of other riparian owners, and is any of the following:

AB655,26,9 (a) A deposit of sand, gravel, or stone that totals less than 2 cubic yards in any 5-year period.

AB655,26,11 (b) A structure, other than a pier or a wharf, that is placed on a seasonal basis and that is less than 200 square feet in size and less than 38 inches in height.

AB655,26,14 (e) A boat shelter, boat hoist, or boat lift that is placed on a seasonal basis adjacent to the riparian owner's pier or wharf or to the shoreline on the riparian owner's property.

AB655,26,20 (f) A pier that is no more than 6 feet wide, that extends no further than to a point where the water is 3 feet at its maximum depth, or to the point where there is adequate depth for mooring a boat or using a boat hoist or boat lift, whichever is closer to the shoreline, and which has no more that 2 boat slips for the first 50 feet of riparian owner's shoreline footage and no more than one additional boat slip for each additional 50 feet of the riparian owner's shoreline.

AB655,26,21 (g) A wharf that extends no more than 30 feet.

AB655,26,24 (h) An intake or outfall structure that is authorized by a storm water discharge permit approved by the department under ch. 283 or a facility plan approved by the department under s. 281.41.

AB655,27,2 (i) Riprap in an amount not to exceed 75 linear feet and if the riprap is located outside an area where riprap has been previously placed.

AB655,27,4 (j) Riprap in an amount not to exceed 300 linear feet and if the riprap is located within an area where riprap has been previously placed.

AB655, s. 23 Section 23. 30.12 (2) of the statutes is repealed.

AB655, s. 24 Section 24. 30.12 (3) (title) of the statutes is repealed and recreated to read:

AB655,27,7 30.12 (3) (title) General permits.

AB655, s. 25 Section 25. 30.12 (3) (a) (intro.) of the statutes is repealed and recreated to read:

AB655,27,11 30.12 (3) (a) (intro.) The department shall issue statewide general permits under s. 30.206 that authorize riparian owners to do all of the following:

AB655, s. 26 Section 26. 30.12 (3) (a) 2. of the statutes is renumbered 30.12 (1g) (c) and amended to read:

AB655,27,16 30.12 (1g) (c) Place a A fish crib, spawning reef, wing deflector, or similar device that is placed on the bed of navigable waters for the purpose of improving fish habitat.

AB655, s. 27 Section 27. 30.12 (3) (a) 2m. of the statutes is renumbered 30.12 (1g) (d) and amended to read:

AB655,27,21 30.12 (1g) (d) Place a A bird nesting platform, a wood duck house, or similar structure that is placed on the bed of a navigable water for the purpose of improving wildlife habitat.

AB655, s. 28 Section 28. 30.12 (3) (a) 6. of the statutes is amended to read:

AB655,28,4 30.12 (3) (a) 6. Place a permanent boat shelter adjacent to the owner's property for the purpose of storing or protecting watercraft and associated materials, except that no general permit may be granted issued for a permanent boat shelter which is constructed after May 3, 1988, if the property on which the permanent boat shelter is to be located also contains a boathouse within 75 feet of the ordinary high-water mark or if there is a boathouse over navigable waters adjacent to the owner's property.

AB655, s. 29 Section 29. 30.12 (3) (a) 9. of the statutes is created to read:

AB655,28,8 30.12 (3) (a) 9. Place an intake or outfall structure that is less than 6 feet from the water side of the ordinary high-water mark and that is less than 25 percent of the width of the channel in which it is placed.

AB655, s. 30 Section 30. 30.12 (3) (a) 10. of the statutes is created to read:

AB655,28,12 30.12 (3) (a) 10. Place a pier to replace a pier that has been in existence at least 10 years before the effective date of this subdivision .... [revisor inserts date], does not exceed 10 feet in width, and does not exceed 500 square feet in area.

AB655, s. 31 Section 31. 30.12 (3) (a) 11. of the statutes is created to read:

AB655,28,15 30.12 (3) (a) 11. Place a pier that does not exceed 500 square feet in area in a lake that is 500 acres or more in area.

AB655, s. 32 Section 32. 30.12 (3) (a) 12. of the statutes is created to read:

AB655,28,19 30.12 (3) (a) 12. Place a vessel for commercial storage on Lake Michigan or Lake Superior or in any tributary of Lake Michigan or Lake Superior that is determined to be navigable by the federal government.

AB655, s. 33 Section 33. 30.12 (3) (b) of the statutes is repealed.

AB655, s. 34 Section 34. 30.12 (3) (bn) of the statutes is repealed.

AB655, s. 35 Section 35. 30.12 (3) (br) of the statutes is created to read:

AB655,28,25 30.12 (3) (br) The department may promulgate rules that specify structures or deposits, in addition to those listed in par. (a), that may be authorized by statewide general permits.

AB655, s. 36 Section 36. 30.12 (3) (bt) (intro.) of the statutes is renumbered 30.2023 (intro.) and amended to read:

AB655,29,7 30.2023 Seawalls; Wolf River and Fox River basins. (intro.) A riparian owner is exempt from the permit requirements under sub. (2) and this subsection s. 30.12 for a structure that is placed on the bed of a navigable water in the Wolf River and Fox River basin area, as described in s. 30.207 (1), and that extends beyond the ordinary high-water mark, if the following conditions apply:

AB655, s. 37 Section 37. 30.12 (3) (bt) 1. to 9. of the statutes are renumbered 30.2023 (1) to (9).

AB655, s. 38 Section 38. 30.12 (3) (bv) of the statutes is created to read:

AB655,29,14 30.12 (3) (bv) Notwithstanding s. 30.07 (1), the department shall issue the first statewide general permit issued under par. (a) 12. for an initial term of not less than 5 years and nor more than 10 years and shall renew the permit for terms of not less than 5 years nor more than 10 years.

AB655, s. 39 Section 39. 30.12 (3) (c) of the statutes is amended to read:

AB655,30,2 30.12 (3) (c) The department may promulgate rules deemed necessary to carry out the purposes of impose conditions on general permits issued under par. (a) 6., including rules to establish minimum standards to govern the architectural features of boat shelters and the number of boat shelters that may be constructed adjacent to a parcel of land. The rules conditions may not govern the aesthetic features or color of boat shelters. The standards conditions shall be designed to assure ensure the structural soundness and durability of a boat shelter boat shelters. A municipality may enact ordinances not inconsistent that are consistent with this section or with rules promulgated under this section regulating paragraph and with any conditions imposed on general permits issued to regulate the architectural features of boat shelters that are under the jurisdiction of the municipality.

AB655, s. 40 Section 40. 30.12 (3) (d) of the statutes is repealed.

AB655, s. 41 Section 41. 30.12 (3m) of the statutes is created to read: