2011 - 2012 LEGISLATURE
March 6, 2012 - Offered by Joint Committee on Finance.
SB488-SSA2,2,12 1An Act to repeal 107.001 (2) and 293.01 (8); to renumber and amend 30.123
2(8) (c), 70.395 (1e) and 87.30 (2); to amend 20.370 (2) (gh), 20.455 (1) (gh),
320.566 (7) (e), 20.566 (7) (v), 25.46 (7), 29.604 (4) (intro.), 29.604 (4) (c) (intro.),
430.025 (1e) (a), 30.025 (1m) (intro.), 30.025 (1m) (c), 30.025 (1s) (a), 30.025 (2),
530.025 (2g) (b) (intro.), 30.025 (4), 30.12 (3m) (c) (intro.), 30.133 (2), 30.19 (4) (c)
6(intro.), 30.195 (2) (c) (intro.), 70.375 (1) (as), 70.375 (1) (bm), 70.375 (2) (a),
770.375 (6), 70.38 (2), 70.395 (2) (dc) 1., 70.395 (2) (dc) 2., 70.395 (2) (dc) 3., 70.395
8(2) (dc) 4., 70.395 (2) (dg), 70.395 (2) (fm), 70.395 (2) (h) 1., 70.395 (2) (hg), 70.395
9(2) (hr), 70.395 (2) (hw), 107.001 (1), 107.01 (intro.), 107.01 (2), 107.02, 107.03,
10107.04, 107.11, 107.12, 107.20 (1), 107.20 (2), 107.30 (8), 107.30 (15), 107.30
11(16), 160.19 (12), 196.491 (3) (a) 3. b., 196.491 (4) (b) 2., 281.65 (2) (a), 281.75
12(17) (b), 287.13 (5) (e), 289.35, 289.62 (2) (g) 2. and 6., 292.01 (1m), chapter 293
13(title), 293.01 (5), 293.01 (7), 293.01 (9), 293.01 (12), 293.01 (18), 293.01 (25),

1293.21 (1) (a), 293.25 (2) (a), 293.25 (4), 293.37 (4) (b), 293.47 (1) (b), 293.50 (1)
2(b), 293.50 (2) (intro.), 293.50 (2) (a), 293.50 (2) (b), 293.51 (1), 293.65 (3) (a),
3293.65 (3) (b), 293.86, chapter 295 (title), 295.16 (4) (f), 299.85 (7) (a) 2. and 4.,
4299.95, 323.60 (5) (d) 3. and 710.02 (2) (d); and to create 20.370 (2) (gi), 20.445
5(1) (gm), 25.49 (2m), 29.604 (7m), 30.025 (1e) (c), 30.025 (4m), 31.23 (3) (e),
670.375 (2b), 70.375 (2c), 70.395 (1e) (a), 70.395 (1e) (b), 87.30 (2) (b), 106.05,
7106.35, 196.491 (3) (a) 3. c., 227.483 (3) (c), 238.14, 293.01 (12m), subchapter III
8of chapter 295 [precedes 295.40] and 323.60 (1) (gm) of the statutes; relating
regulation of ferrous metallic mining and related activities, procedures for
10obtaining approvals from the Department of Natural Resources for the
11construction of utility facilities, making an appropriation, and providing
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB488-SSA2, s. 1 13Section 1. 20.370 (2) (gh) of the statutes is amended to read:
SB488-SSA2,2,1814 20.370 (2) (gh) Mining — Nonferrous metallic mining regulation and
The amounts in the schedule for the administration, regulation and
16enforcement of nonferrous metallic mining exploration, prospecting, mining and
17mine reclamation activities under ch. 293. All moneys received under ch. 293 shall
18be credited to this appropriation.
SB488-SSA2, s. 2 19Section 2. 20.370 (2) (gi) of the statutes is created to read:
SB488-SSA2,2,2220 20.370 (2) (gi) Ferrous metallic mining operations. All moneys received under
21subch. III of ch. 295 for the department of natural resource's operations related to
22ferrous metallic exploration and mining.
SB488-SSA2, s. 3 23Section 3. 20.445 (1) (gm) of the statutes is created to read:
120.445 (1) (gm) Mining industry jobs training grants. All moneys credited to
2this appropriation account under s. 70.395 (1e) (a), for mining skills training grants
3under s. 106.05 and for mining equipment manufacturing training grants under s.
SB488-SSA2, s. 4 5Section 4. 20.455 (1) (gh) of the statutes is amended to read:
SB488-SSA2,3,96 20.455 (1) (gh) Investigation and prosecution. Moneys received under ss. 23.22
7(9) (c), 49.49 (6), 100.263, 133.16, 281.98 (2), 283.91 (5), 289.96 (3) (b), 291.97 (3),
8292.99 (2), 293.87 (4) (b), 295.19 (3) (b) 2., 295.79 (4) (b), and 299.97 (2), for the
9expenses of investigation and prosecution of violations, including attorney fees.
SB488-SSA2, s. 5 10Section 5. 20.566 (7) (e) of the statutes is amended to read:
SB488-SSA2,3,1311 20.566 (7) (e) Investment and local impact fund supplement. The amounts in
12the schedule to supplement par. (v) for the purposes of ss. 70.395, 293.33 (4) and,
13293.65 (5) (a), 295.443, and 295.61 (9) (a).
SB488-SSA2, s. 6 14Section 6. 20.566 (7) (v) of the statutes is amended to read:
SB488-SSA2,3,1815 20.566 (7) (v) Investment and local impact fund. From the investment and local
16impact fund, all moneys received under s. 70.395 (1e) and (2) (dc) and (dg), less the
17moneys appropriated under s. 20.370 (2) (gr), to be disbursed under ss. 70.395 (2) (d)
18to (g), 293.33 (4) and, 293.65 (5) (a) , 295.443, and 295.61 (9) (a).
SB488-SSA2, s. 7 19Section 7. 25.46 (7) of the statutes is amended to read:
SB488-SSA2,3,2220 25.46 (7) The fees imposed under s. 289.67 (1) for environmental management,
21except that for each ton of waste, of the fees imposed under s. 289.67 (1) (cp) or (cv),
22$3.20 for each ton of waste is for nonpoint source water pollution abatement.
SB488-SSA2, s. 8 23Section 8. 25.49 (2m) of the statutes is created to read:
SB488-SSA2,3,2424 25.49 (2m) The moneys transferred under s. 70.395 (1e).
SB488-SSA2, s. 9 25Section 9. 29.604 (4) (intro.) of the statutes is amended to read:
129.604 (4) Prohibition. (intro.) Except as provided in sub. (6r) and (7m) or as
2permitted by departmental rule or permit:
SB488-SSA2, s. 10 3Section 10. 29.604 (4) (c) (intro.) of the statutes is amended to read:
SB488-SSA2,4,84 29.604 (4) (c) (intro.) No person may do any of the following to any wild plant
5of an endangered or threatened species that is on public property or on property that
6he or she does not own or lease, except in the course of forestry or agricultural
7practices or, in the construction, operation, or maintenance of a utility facility, or as
8part of bulk sampling activities under s. 295.45
SB488-SSA2, s. 11 9Section 11. 29.604 (7m) of the statutes is created to read:
SB488-SSA2,4,1610 29.604 (7m) Bulk sampling activities. A person may take, transport, or
11possess a wild animal on the department's endangered and threatened species list
12without a permit under this section if the person avoids and minimizes adverse
13impacts to the wild animal to the extent practicable, if the taking, transporting, or
14possession does not result in wounding or killing the wild animal, and if the person
15takes, transports, or possesses the wild animal for the purpose of bulk sampling
16activities under s. 295.45.
SB488-SSA2, s. 12 17Section 12. 30.025 (1e) (a) of the statutes is amended to read:
SB488-SSA2,4,2018 30.025 (1e) (a) Except as provided in par. pars. (b) and (c), this section applies
19to a proposal to construct a utility facility if the utility facility is required to obtain,
20or give notification of the wish to proceed under, one or more permits.
SB488-SSA2, s. 13 21Section 13. 30.025 (1e) (c) of the statutes is created to read:
SB488-SSA2,4,2522 30.025 (1e) (c) This section does not apply to a proposal to construct a utility
23facility for ferrous mineral mining and processing activities governed by subch. III
24of ch. 295, unless the person proposing to construct the utility facility elects to
25proceed in the manner provided under this section.
SB488-SSA2, s. 14
1Section 14. 30.025 (1m) (intro.) of the statutes is amended to read:
SB488-SSA2,5,92 30.025 (1m) Preapplication process. (intro.) Before filing an a combined
3application under this section for permits under sub. (1s) with the department in lieu
4of separate applications
, a person proposing to construct a utility facility shall notify
5the department of the intention to file an a combined application under sub. (1s).
6After receiving such notice, the department shall confer with the person, in
7cooperation with the commission, to make a preliminary assessment of the project's
8scope, to make an analysis of alternatives, to identify potential interested persons,
9and to ensure that the person making the proposal is aware of all of the following:
SB488-SSA2, s. 15 10Section 15. 30.025 (1m) (c) of the statutes is amended to read:
SB488-SSA2,5,1411 30.025 (1m) (c) The timing of information submissions that the person will be
12required to provide in order to enable the department to participate in commission
13review procedures and to process the combined application for permits in a timely
SB488-SSA2, s. 16 15Section 16. 30.025 (1s) (a) of the statutes is amended to read:
SB488-SSA2,5,2516 30.025 (1s) (a) Any person proposing to construct a utility facility to which this
17section applies shall, in lieu of separate application for permits, submit one combined
18application for permits together with any additional information required by the
19department. The combined application for permits shall be filed with the
20department at the same time that an application for a certificate is filed with the
21commission under s. 196.49 or in a manner consistent with s. 196.491 (3) and shall
22include the detailed information that the department requires to determine whether
23an a combined application for permits is complete and to carry out its obligations
24under sub. (4). The department may require supplemental information to be
25furnished thereafter.
SB488-SSA2, s. 17
1Section 17. 30.025 (2) of the statutes is amended to read:
SB488-SSA2,6,112 30.025 (2) Hearing. Once the applicant meets the requirements of sub. (1s) (a),
3the department may schedule the matter for a public hearing. Notice of the hearing
4shall be given to the applicant and shall be published as a class 1 notice under ch.
5985. The department may give such further notice as it deems proper, and shall give
6notice to persons requesting same. One copy of the combined application for permits
7shall be available for public inspection at the office of the department, at least one
8copy in the regional office of the department, and at least one copy at the main public
9library, of the area affected. Notwithstanding s. 227.42, the hearing shall be an
10informational hearing and may not be treated as a contested case hearing nor
11converted to a contested case hearing.
SB488-SSA2, s. 18 12Section 18. 30.025 (2g) (b) (intro.) of the statutes is amended to read:
SB488-SSA2,6,1913 30.025 (2g) (b) (intro.) The department shall participate in commission
14investigations or proceedings under s. 196.49 or 196.491 (3) with regard to any
15proposed utility facility that is subject to this section for which a combined
16application for permits is filed under sub. (1s)
. In order to ensure that the
17commission's decision is consistent with the department's responsibilities, the
18department shall provide the commission with information that is relevant to only
19the following:
SB488-SSA2, s. 19 20Section 19. 30.025 (4) of the statutes is amended to read:
SB488-SSA2,7,221 30.025 (4) Permit conditions. The permit may be issued, or the authority to
22proceed under a permit may be granted, upon stated conditions deemed necessary
23to assure compliance with the criteria designated under sub. (3). The department
24shall grant or deny the combined application for a permit permits for the utility

1facility within 30 days of the date on which the commission issues its decision under
2s. 196.49 or 196.491 (3).
SB488-SSA2, s. 20 3Section 20. 30.025 (4m) of the statutes is created to read:
SB488-SSA2,7,114 30.025 (4m) Procedure for a single permit application. (a) A person
5proposing to construct a utility facility that is related to mining, as defined in s.
6295.41 (26), and for which not more than one permit is required, may submit an
7application for that single permit with the department in the same manner as a
8combined application for permits may be submitted under sub. (1s). If the applicant
9elects to submit the application in the same manner as a combined application for
10permits, the procedures under this section that apply to a combined application for
11permits shall apply to that application for a single permit.
SB488-SSA2, s. 21 12Section 21. 30.12 (3m) (c) (intro.) of the statutes is amended to read:
SB488-SSA2,7,1513 30.12 (3m) (c) (intro.) The department shall issue an individual permit to a
14riparian owner for a structure or a deposit pursuant to an application under par. (a)
15if the department finds that all of the following apply requirements are met:
SB488-SSA2, s. 22 16Section 22. 30.123 (8) (c) of the statutes is renumbered 30.123 (8) (c) (intro.)
17and amended to read:
SB488-SSA2,7,2018 30.123 (8) (c) (intro.) The department shall issue an individual permit
19pursuant to an application under par. (a) if the department finds that the all of the
20following requirements are met: