Amendment SSA2-AB426

SENATE SUBSTITUTE AMENDMENT 2, TO 2011 ASSEMBLY BILL 426

March 5, 2012 - Offered by Joint Committee on Finance.

AB426-SSA2,2,12 An Act to repeal 107.001 (2) and 293.01 (8); to renumber and amend 30.123 (8) (c), 70.395 (1e) 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), 30.025 (1m) (intro.), 30.025 (1m) (c), 30.025 (1s) (a), 30.025 (2), 30.025 (2g) (b) (intro.), 30.025 (4), 30.12 (3m) (c) (intro.), 30.133 (2), 30.19 (4) (c) (intro.), 30.195 (2) (c) (intro.), 70.375 (1) (as), 70.375 (1) (bm), 70.375 (2) (a), 70.375 (6), 70.38 (2), 70.395 (2) (dc) 1., 70.395 (2) (dc) 2., 70.395 (2) (dc) 3., 70.395 (2) (dc) 4., 70.395 (2) (dg), 70.395 (2) (fm), 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., 281.65 (2) (a), 281.75 (17) (b), 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. and 710.02 (2) (d); and to create 20.370 (2) (gi), 20.445 (1) (gm), 25.49 (2m), 29.604 (7m), 30.025 (1e) (c), 30.025 (4m), 31.23 (3) (e), 70.375 (2b), 70.375 (2c), 70.395 (1e) (a), 70.395 (1e) (b), 87.30 (2) (b), 106.05, 106.35, 196.491 (3) (a) 3. c., 227.483 (3) (c), 238.14, 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:

AB426-SSA2, s. 1 Section 1. 20.370 (2) (gh) of the statutes is amended to read:

AB426-SSA2,2,18 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.

AB426-SSA2, s. 2 Section 2. 20.370 (2) (gi) of the statutes is created to read:

AB426-SSA2,2,22 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.

AB426-SSA2, s. 3 Section 3. 20.445 (1) (gm) of the statutes is created to read:

AB426-SSA2,3,4 20.445 (1) (gm) Mining industry jobs training grants. All moneys credited to this appropriation account under s. 70.395 (1e) (a), for mining skills training grants under s. 106.05 and for mining equipment manufacturing training grants under s. 106.35.

AB426-SSA2, s. 4 Section 4. 20.455 (1) (gh) of the statutes is amended to read:

AB426-SSA2,3,9 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.

AB426-SSA2, s. 5 Section 5. 20.566 (7) (e) of the statutes is amended to read:

AB426-SSA2,3,13 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).

AB426-SSA2, s. 6 Section 6. 20.566 (7) (v) of the statutes is amended to read:

AB426-SSA2,3,18 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).

AB426-SSA2, s. 7 Section 7. 25.46 (7) of the statutes is amended to read:

AB426-SSA2,3,22 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.

AB426-SSA2, s. 8 Section 8. 25.49 (2m) of the statutes is created to read:

AB426-SSA2,3,24 25.49 (2m) The moneys transferred under s. 70.395 (1e).

AB426-SSA2, s. 9 Section 9. 29.604 (4) (intro.) of the statutes is amended to read:

AB426-SSA2,4,2 29.604 (4) Prohibition. (intro.) Except as provided in sub. (6r) and (7m) or as permitted by departmental rule or permit:

AB426-SSA2, s. 10 Section 10. 29.604 (4) (c) (intro.) of the statutes is amended to read:

AB426-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:

AB426-SSA2, s. 11 Section 11. 29.604 (7m) of the statutes is created to read:

AB426-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.

AB426-SSA2, s. 12 Section 12. 30.025 (1e) (a) of the statutes is amended to read:

AB426-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.

AB426-SSA2, s. 13 Section 13. 30.025 (1e) (c) of the statutes is created to read:

AB426-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.

AB426-SSA2, s. 14 Section 14. 30.025 (1m) (intro.) of the statutes is amended to read:

AB426-SSA2,5,9 30.025 (1m) Preapplication process. (intro.) Before filing an a combined application under this section for permits under sub. (1s) with the department in lieu of separate applications, a person proposing to construct a utility facility shall notify the department of the intention to file an a combined application under sub. (1s). After receiving such notice, the department shall confer with the person, in cooperation with the commission, to make a preliminary assessment of the project's scope, to make an analysis of alternatives, to identify potential interested persons, and to ensure that the person making the proposal is aware of all of the following:

AB426-SSA2, s. 15 Section 15. 30.025 (1m) (c) of the statutes is amended to read:

AB426-SSA2,5,14 30.025 (1m) (c) The timing of information submissions that the person will be required to provide in order to enable the department to participate in commission review procedures and to process the combined application for permits in a timely manner.

AB426-SSA2, s. 16 Section 16. 30.025 (1s) (a) of the statutes is amended to read:

AB426-SSA2,5,25 30.025 (1s) (a) Any person proposing to construct a utility facility to which this section applies shall, in lieu of separate application for permits, submit one combined application for permits together with any additional information required by the department. The combined application for permits shall be filed with the department at the same time that an application for a certificate is filed with the commission under s. 196.49 or in a manner consistent with s. 196.491 (3) and shall include the detailed information that the department requires to determine whether an a combined application for permits is complete and to carry out its obligations under sub. (4). The department may require supplemental information to be furnished thereafter.

AB426-SSA2, s. 17 Section 17. 30.025 (2) of the statutes is amended to read:

AB426-SSA2,6,11 30.025 (2) Hearing. Once the applicant meets the requirements of sub. (1s) (a), the department may schedule the matter for a public hearing. Notice of the hearing shall be given to the applicant and shall be published as a class 1 notice under ch. 985. The department may give such further notice as it deems proper, and shall give notice to persons requesting same. One copy of the combined application for permits shall be available for public inspection at the office of the department, at least one copy in the regional office of the department, and at least one copy at the main public library, of the area affected. Notwithstanding s. 227.42, the hearing shall be an informational hearing and may not be treated as a contested case hearing nor converted to a contested case hearing.

AB426-SSA2, s. 18 Section 18. 30.025 (2g) (b) (intro.) of the statutes is amended to read:

AB426-SSA2,6,19 30.025 (2g) (b) (intro.) The department shall participate in commission investigations or proceedings under s. 196.49 or 196.491 (3) with regard to any proposed utility facility that is subject to this section for which a combined application for permits is filed under sub. (1s). In order to ensure that the commission's decision is consistent with the department's responsibilities, the department shall provide the commission with information that is relevant to only the following:

AB426-SSA2, s. 19 Section 19. 30.025 (4) of the statutes is amended to read:

AB426-SSA2,7,2 30.025 (4) Permit conditions. The permit may be issued, or the authority to proceed under a permit may be granted, upon stated conditions deemed necessary to assure compliance with the criteria designated under sub. (3). The department shall grant or deny the combined application for a permit permits for the utility facility within 30 days of the date on which the commission issues its decision under s. 196.49 or 196.491 (3).

AB426-SSA2, s. 20 Section 20. 30.025 (4m) of the statutes is created to read:

AB426-SSA2,7,11 30.025 (4m) Procedure for a single permit application. (a) A person proposing to construct a utility facility that is related to mining, as defined in s. 295.41 (26), and for which not more than one permit is required, may submit an application for that single permit with the department in the same manner as a combined application for permits may be submitted under sub. (1s). If the applicant elects to submit the application in the same manner as a combined application for permits, the procedures under this section that apply to a combined application for permits shall apply to that application for a single permit.

AB426-SSA2, s. 21 Section 21. 30.12 (3m) (c) (intro.) of the statutes is amended to read:

AB426-SSA2,7,15 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:

AB426-SSA2, s. 22 Section 22. 30.123 (8) (c) of the statutes is renumbered 30.123 (8) (c) (intro.) and amended to read:

AB426-SSA2,7,20 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:

AB426-SSA2,7,21 1. The bridge or culvert will not materially obstruct navigation,.

AB426-SSA2,7,23 2. The bridge or culvert will not materially reduce the effective flood flow capacity of a stream, and.

AB426-SSA2,7,24 3. The bridge or culvert will not be detrimental to the public interest.

AB426-SSA2, s. 23 Section 23. 30.133 (2) of the statutes is amended to read:

AB426-SSA2,8,6 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.

AB426-SSA2, s. 24 Section 24. 30.19 (4) (c) (intro.) of the statutes is amended to read:

AB426-SSA2,8,10 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:

AB426-SSA2, s. 25 Section 25. 30.195 (2) (c) (intro.) of the statutes is amended to read:

AB426-SSA2,8,14 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:

AB426-SSA2, s. 26 Section 26. 31.23 (3) (e) of the statutes is created to read:

AB426-SSA2,8,18 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.

AB426-SSA2, s. 27 Section 27. 70.375 (1) (as) of the statutes is amended to read:

AB426-SSA2,8,22 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.

AB426-SSA2, s. 28 Section 28. 70.375 (1) (bm) of the statutes is amended to read:

AB426-SSA2,9,6 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).

AB426-SSA2, s. 29 Section 29. 70.375 (2) (a) of the statutes is amended to read:

AB426-SSA2,9,15 70.375 (2) (a) In Except as provided in subs. (2b) and (2c), with respect to mines not in operation on November 28, 1981, there is imposed upon persons engaged in mining metalliferous minerals in this state a net proceeds occupation tax effective on the date on which extraction begins to compensate the state and municipalities for the loss of valuable, irreplaceable metalliferous minerals. The amount of the tax shall be determined by applying the rates established under sub. (5) to the net proceeds of each mine. The net proceeds of each mine for each year are the difference between the gross proceeds and the deductions allowed under sub. (4) for the year.

AB426-SSA2, s. 30 Section 30. 70.375 (2b) of the statutes is created to read:

AB426-SSA2,9,21 70.375 (2b) Minimum tax. With respect to mines in operation after December 31, 2011, beginning with the month in which a permit is issued to a person under s. 295.47, and for each of the 60 months following that month, the amount of the tax imposed on that person is the greater of the tax computed under sub. (2) or an amount equal to $83,333 for each month.

AB426-SSA2, s. 31 Section 31. 70.375 (2c) of the statutes is created to read:

AB426-SSA2,9,25 70.375 (2c) Credit. With respect to mines in operation after December 31, 2011, if a person subject to sub. (2b) would have paid less tax under sub. (2) than under sub. (2b), the person may claim as a credit against the tax imposed under sub. (2) or (2b) an amount equal to the difference between the amount paid under sub. (2b) and the amount that the person would have paid under sub. (2), except that the person may not claim a credit amount that would result in less than the total minimum tax liability computed under sub. (2b) for the period for which the person is subject to sub. (2b). The person may carry forward the amount of any unused credit under this subsection, as adjusted under sub. (6), to claim against the person's tax liability in subsequent years until the total amount of the credit is used.

AB426-SSA2, s. 32 Section 32. 70.375 (6) of the statutes is amended to read:

AB426-SSA2,11,2 70.375 (6) Indexing. For calendar year 1983 and corresponding fiscal years and thereafter, the dollar amounts in sub. (5) and s. 70.395 (1) and (2) (d) 1m. and 5. a. and (dg), and the amount of any unused credit under sub. (2c), shall be changed to reflect the percentage change between the gross national product deflator for June of the current year and the gross national product deflator for June of the previous year, as determined by the U.S. department of commerce as of December 30 of the year for which the taxes are due, except that no annual increase may be more than 10%. For calendar year 1983 and corresponding fiscal years and thereafter until calendar year 1997 and corresponding fiscal years, the dollar amounts in s. 70.395 (1m), 1995 stats., shall be changed to reflect the percentage change between the gross national product deflator for June of the current year and the gross national product deflator for June of the previous year, as determined by the U.S. department of commerce as of December 30 of the year for which the taxes are due, except that no annual increase may be more than 10%. The revised amounts shall be rounded to the nearest whole number divisible by 100 and shall not be reduced below the amounts under sub. (5) on November 28, 1981. Annually, the department shall adopt any changes in dollar amounts required under this subsection and incorporate them into the appropriate tax forms.

AB426-SSA2, s. 33 Section 33. 70.38 (2) of the statutes is amended to read:

AB426-SSA2,11,7 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).

AB426-SSA2, s. 34 Section 34. 70.395 (1e) of the statutes is renumbered 70.395 (1e) (intro.) and amended to read:

AB426-SSA2,11,14 70.395 (1e) Distribution. (intro.) 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 as follows:

AB426-SSA2, s. 35 Section 35. 70.395 (1e) (a) of the statutes is created to read:

AB426-SSA2,11,21 70.395 (1e) (a) For the first 24 months following the month in which a person is issued a permit under s. 295.47, the department of administration shall credit the amount collected from any such person, not to exceed $1,000,000 annually or $2,000,000 total, to the appropriation under s. 20.445 (1) (gm) and shall transfer any amount in excess of $1,000,000 annually, or $2,000,000 total, as provided under par. (b).

AB426-SSA2, s. 36 Section 36. 70.395 (1e) (b) of the statutes is created to read:

AB426-SSA2,12,2 70.395 (1e) (b) Except as provided under par. (a), the department of administration shall transfer 60 percent of the amount collected from each person extracting ferrous metallic minerals in this state to the investment and local impact fund and 40 percent of the amount collected from any such person into the economic development fund.

AB426-SSA2, s. 37 Section 37. 70.395 (2) (dc) 1. of the statutes is amended to read:

AB426-SSA2,12,8 70.395 (2) (dc) 1. Each person intending to submit an application for a mining permit under s. 293.49 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.

AB426-SSA2, s. 38 Section 38. 70.395 (2) (dc) 2. of the statutes is amended to read:

AB426-SSA2,12,12 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.

AB426-SSA2, s. 39 Section 39. 70.395 (2) (dc) 3. of the statutes is amended to read:

AB426-SSA2,12,17 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.

AB426-SSA2, s. 40 Section 40. 70.395 (2) (dc) 4. of the statutes is amended to read:

AB426-SSA2,12,23 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.

AB426-SSA2, s. 41 Section 41. 70.395 (2) (dg) of the statutes is amended to read: