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2011 - 2012 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2011 ASSEMBLY BILL 426
January 23, 2012 - Offered by Representative Williams.
AB426-ASA1,2,8 1An Act to repeal 30.025 (1e) (title) and (a), 107.001 (2) and 293.01 (8); to
2renumber and amend
30.025 (1e) (b), 30.123 (8) (c) and 87.30 (2); to amend
320.370 (2) (gh), 20.455 (1) (gh), 20.566 (7) (e), 20.566 (7) (v), 29.604 (4) (intro.),
429.604 (4) (c) (intro.), 30.025 (1m) (intro.), 30.025 (1m) (c), 30.025 (1s) (a), 30.025
5(2), 30.025 (2g) (b) (intro.), 30.12 (3m) (c) (intro.), 30.133 (2), 30.19 (4) (c) (intro.),
630.195 (2) (c) (intro.), 44.40 (5), 70.375 (1) (as), 70.375 (1) (bm), 70.38 (2), 70.395
7(1e), 70.395 (2) (dc) 1., 70.395 (2) (dc) 4., 70.395 (2) (fm), 70.395 (2) (h) 1., 107.001
8(1), 107.01 (intro.), 107.01 (2), 107.02, 107.03, 107.04, 107.11, 107.12, 107.20 (1),
9107.20 (2), 107.30 (8), 107.30 (15), 107.30 (16), 160.19 (12), 196.491 (3) (a) 3. b.,
10196.491 (4) (b) 2., 281.65 (2) (a), 281.75 (17) (b), 287.13 (5) (e), 289.35, 289.62 (2)
11(g) 2. and 6., 292.01 (1m), chapter 293 (title), 293.01 (5), 293.01 (7), 293.01 (9),
12293.01 (12), 293.01 (18), 293.01 (25), 293.21 (1) (a), 293.25 (2) (a), 293.25 (4),
13293.37 (4) (b), 293.47 (1) (b), 293.50 (1) (b), 293.50 (2) (intro.), 293.50 (2) (a),

1293.50 (2) (b), 293.51 (1), 293.65 (3) (a), 293.65 (3) (b), 293.86, chapter 295 (title),
2295.16 (4) (f), 299.85 (7) (a) 2. and 4., 299.95, 323.60 (5) (d) 3. and 710.02 (2) (d);
3and to create 20.370 (2) (gi), 29.604 (7m), 30.025 (4m), 31.23 (3) (e), 87.30 (2)
4(b), 293.01 (12m), subchapter III of chapter 295 [precedes 295.40] and 323.60
5(1) (gm) of the statutes; relating to: regulation of ferrous metallic mining and
6related activities, procedures for obtaining approvals from the Department of
7Natural Resources for the construction of utility facilities, making an
8appropriation, and providing penalties.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB426-ASA1, s. 1 9Section 1. 20.370 (2) (gh) of the statutes is amended to read:
AB426-ASA1,2,1410 20.370 (2) (gh) Mining — Nonferrous metallic mining regulation and
11administration.
The amounts in the schedule for the administration, regulation and
12enforcement of nonferrous metallic mining exploration, prospecting, mining and
13mine reclamation activities under ch. 293. All moneys received under ch. 293 shall
14be credited to this appropriation.
AB426-ASA1, s. 2 15Section 2. 20.370 (2) (gi) of the statutes is created to read:
AB426-ASA1,2,1816 20.370 (2) (gi) Ferrous metallic mining operations. All moneys received under
17subch. III of ch. 295 for the department of natural resource's operations related to
18ferrous metallic exploration and mining.
AB426-ASA1, s. 3 19Section 3. 20.455 (1) (gh) of the statutes is amended to read:
AB426-ASA1,2,2320 20.455 (1) (gh) Investigation and prosecution. Moneys received under ss. 23.22
21(9) (c), 49.49 (6), 100.263, 133.16, 281.98 (2), 283.91 (5), 289.96 (3) (b), 291.97 (3),
22292.99 (2), 293.87 (4) (b), 295.19 (3) (b) 2., 295.79 (4) (b), and 299.97 (2), for the
23expenses of investigation and prosecution of violations, including attorney fees.
AB426-ASA1, s. 4
1Section 4. 20.566 (7) (e) of the statutes is amended to read:
AB426-ASA1,3,42 20.566 (7) (e) Investment and local impact fund supplement. The amounts in
3the schedule to supplement par. (v) for the purposes of ss. 70.395, 293.33 (4) and,
4293.65 (5) (a), and 295.443.
AB426-ASA1, s. 5 5Section 5. 20.566 (7) (v) of the statutes is amended to read:
AB426-ASA1,3,96 20.566 (7) (v) Investment and local impact fund. From the investment and local
7impact fund, all moneys received under s. 70.395 (1e) and (2) (dc) and (dg), less the
8moneys appropriated under s. 20.370 (2) (gr), to be disbursed under ss. 70.395 (2) (d)
9to (g), 293.33 (4) and, 293.65 (5) (a) , and 295.443.
AB426-ASA1, s. 6 10Section 6. 29.604 (4) (intro.) of the statutes is amended to read:
AB426-ASA1,3,1211 29.604 (4) Prohibition. (intro.) Except as provided in sub. (6r) and (7m) or as
12permitted by departmental rule or permit:
AB426-ASA1, s. 7 13Section 7. 29.604 (4) (c) (intro.) of the statutes is amended to read:
AB426-ASA1,3,1814 29.604 (4) (c) (intro.) No person may do any of the following to any wild plant
15of an endangered or threatened species that is on public property or on property that
16he or she does not own or lease, except in the course of forestry or agricultural
17practices or, in the construction, operation, or maintenance of a utility facility, or as
18part of bulk sampling activities under s. 295.45
:
AB426-ASA1, s. 8 19Section 8. 29.604 (7m) of the statutes is created to read:
AB426-ASA1,4,220 29.604 (7m) Bulk sampling activities. A person may take, transport, or
21possess a wild animal on the department's endangered and threatened species list
22without a permit under this section if the person avoids and minimizes adverse
23impacts to the wild animal to the extent practicable, if the taking, transporting, or
24possession does not result in wounding or killing the wild animal, and if the person

1takes, transports, or possesses the wild animal for the purpose of bulk sampling
2activities under s. 295.45.
AB426-ASA1, s. 8b 3Section 8b. 30.025 (1e) (title) and (a) of the statutes are repealed.
AB426-ASA1, s. 8d 4Section 8d. 30.025 (1e) (b) of the statutes is renumbered 30.025 (4m) (b) and
5amended to read:
AB426-ASA1,4,86 30.025 (4m) (b) This section subsection does not apply to a proposal to construct
7a utility facility if the only permit that the utility facility is required to obtain from
8the department is a storm water discharge permit under s. 283.33 (1) (a).
AB426-ASA1, s. 8f 9Section 8f. 30.025 (1m) (intro.) of the statutes is amended to read:
AB426-ASA1,4,1710 30.025 (1m) Preapplication process. (intro.) Before filing an a combined
11application under this section for permits under sub. (1s) with the department in lieu
12of separate applications
, a person proposing to construct a utility facility shall notify
13the department of the intention to file an a combined application under sub. (1s).
14After receiving such notice, the department shall confer with the person, in
15cooperation with the commission, to make a preliminary assessment of the project's
16scope, to make an analysis of alternatives, to identify potential interested persons,
17and to ensure that the person making the proposal is aware of all of the following:
AB426-ASA1, s. 8h 18Section 8h. 30.025 (1m) (c) of the statutes is amended to read:
AB426-ASA1,4,2219 30.025 (1m) (c) The timing of information submissions that the person will be
20required to provide in order to enable the department to participate in commission
21review procedures and to process the combined application for permits in a timely
22manner.
AB426-ASA1, s. 8i 23Section 8i. 30.025 (1s) (a) of the statutes is amended to read:
AB426-ASA1,5,824 30.025 (1s) (a) Any person proposing to construct a utility facility to which this
25section applies shall
may, in lieu of separate application for permits, submit one

1combined application for permits together with any additional information required
2by the department. The combined application shall for permits may be filed with the
3department at the same time that an application for a certificate is filed with the
4commission under s. 196.49 or in a manner consistent with s. 196.491 (3) and shall
5include the detailed information that the department requires to determine whether
6an a combined application for permits is complete and to carry out its obligations
7under sub. (4). The department may require supplemental information to be
8furnished thereafter.
AB426-ASA1, s. 8j 9Section 8j. 30.025 (2) of the statutes is amended to read:
AB426-ASA1,5,1910 30.025 (2) Hearing. Once the applicant meets the requirements of sub. (1s) (a),
11the department may schedule the matter for a public hearing. Notice of the hearing
12shall be given to the applicant and shall be published as a class 1 notice under ch.
13985. The department may give such further notice as it deems proper, and shall give
14notice to persons requesting same. One copy of the combined application for permits
15shall be available for public inspection at the office of the department, at least one
16copy in the regional office of the department, and at least one copy at the main public
17library, of the area affected. Notwithstanding s. 227.42, the hearing shall be an
18informational hearing and may not be treated as a contested case hearing nor
19converted to a contested case hearing.
AB426-ASA1, s. 8L 20Section 8L. 30.025 (2g) (b) (intro.) of the statutes is amended to read:
AB426-ASA1,6,221 30.025 (2g) (b) (intro.) The department shall participate in commission
22investigations or proceedings under s. 196.49 or 196.491 (3) with regard to any
23proposed utility facility that is subject to this section for which a combined
24application for permits is filed under sub. (1s)
. In order to ensure that the
25commission's decision is consistent with the department's responsibilities, the

1department shall provide the commission with information that is relevant to only
2the following:
AB426-ASA1, s. 8n 3Section 8n. 30.025 (4m) of the statutes is created to read:
AB426-ASA1,6,104 30.025 (4m) Procedure for a single permit application. (a) A person
5proposing to construct a utility facility for which not more than one permit is required
6may submit an application for that single permit with the department in the same
7manner as a combined application for permits may be submitted under sub. (1s). If
8the applicant elects to submit the application in the same manner as a combined
9application for permits, the procedures under this section that apply to a combined
10application for permits shall apply to that application for a single permit.
AB426-ASA1, s. 9 11Section 9. 30.12 (3m) (c) (intro.) of the statutes is amended to read:
AB426-ASA1,6,1412 30.12 (3m) (c) (intro.) The department shall issue an individual permit to a
13riparian owner for a structure or a deposit pursuant to an application under par. (a)
14if the department finds that all of the following apply requirements are met:
AB426-ASA1, s. 10 15Section 10. 30.123 (8) (c) of the statutes is renumbered 30.123 (8) (c) (intro.)
16and amended to read:
AB426-ASA1,6,1917 30.123 (8) (c) (intro.) The department shall issue an individual permit
18pursuant to an application under par. (a) if the department finds that the all of the
19following requirements are met:
AB426-ASA1,6,20 201. The bridge or culvert will not materially obstruct navigation,.
AB426-ASA1,6,22 212. The bridge or culvert will not materially reduce the effective flood flow
22capacity of a stream, and.
AB426-ASA1,6,23 233. The bridge or culvert will not be detrimental to the public interest.
AB426-ASA1, s. 11 24Section 11. 30.133 (2) of the statutes is amended to read:
AB426-ASA1,7,6
130.133 (2) This section does not apply to riparian land located within the
2boundary of any hydroelectric project licensed or exempted by the federal
3government, if the conveyance is authorized under any license, rule or order issued
4by the federal agency having jurisdiction over the project. This section does not apply
5to riparian land that is associated with an approval required for bulk sampling or
6mining that is required under subch. III of ch. 295.
AB426-ASA1, s. 12 7Section 12. 30.19 (4) (c) (intro.) of the statutes is amended to read:
AB426-ASA1,7,108 30.19 (4) (c) (intro.) The department shall issue an individual permit pursuant
9to an application under par. (a) if the department finds that all of the following apply
10requirements are met:
AB426-ASA1, s. 13 11Section 13. 30.195 (2) (c) (intro.) of the statutes is amended to read:
AB426-ASA1,7,1412 30.195 (2) (c) (intro.) The department shall issue an individual permit applied
13for under this section to a riparian owner if the department determines that all of the
14following apply requirements are met:
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