Amendment ASA1-AB426

AB426-ASA1,4,2 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AB426-ASA1, s. 8b Section 8b. 30.025 (1e) (title) and (a) of the statutes are repealed.

AB426-ASA1, s. 8d Section 8d. 30.025 (1e) (b) of the statutes is renumbered 30.025 (4m) (b) and amended to read:

AB426-ASA1,4,8 30.025 (4m) (b) This section subsection does not apply to a proposal to construct a utility facility if the only permit that the utility facility is required to obtain from the department is a storm water discharge permit under s. 283.33 (1) (a).

AB426-ASA1, s. 8f Section 8f. 30.025 (1m) (intro.) of the statutes is amended to read:

AB426-ASA1,4,17 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-ASA1, s. 8h Section 8h. 30.025 (1m) (c) of the statutes is amended to read:

AB426-ASA1,4,22 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-ASA1, s. 8i Section 8i. 30.025 (1s) (a) of the statutes is amended to read:

AB426-ASA1,5,8 30.025 (1s) (a) Any person proposing to construct a utility facility to which this section applies shall may, 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 shall for permits may 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-ASA1, s. 8j Section 8j. 30.025 (2) of the statutes is amended to read:

AB426-ASA1,5,19 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-ASA1, s. 8L Section 8L. 30.025 (2g) (b) (intro.) of the statutes is amended to read:

AB426-ASA1,6,2 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-ASA1, s. 8n Section 8n. 30.025 (4m) of the statutes is created to read:

AB426-ASA1,6,10 30.025 (4m) Procedure for a single permit application. (a) A person proposing to construct a utility facility 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-ASA1, s. 9 Section 9. 30.12 (3m) (c) (intro.) of the statutes is amended to read:

AB426-ASA1,6,14 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-ASA1, s. 10 Section 10. 30.123 (8) (c) of the statutes is renumbered 30.123 (8) (c) (intro.) and amended to read:

AB426-ASA1,6,19 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-ASA1,6,20 1. The bridge or culvert will not materially obstruct navigation,.

AB426-ASA1,6,22 2. The bridge or culvert will not materially reduce the effective flood flow capacity of a stream, and.

AB426-ASA1,6,23 3. The bridge or culvert will not be detrimental to the public interest.

AB426-ASA1, s. 11 Section 11. 30.133 (2) of the statutes is amended to read:

AB426-ASA1,7,6 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-ASA1, s. 12 Section 12. 30.19 (4) (c) (intro.) of the statutes is amended to read:

AB426-ASA1,7,10 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-ASA1, s. 13 Section 13. 30.195 (2) (c) (intro.) of the statutes is amended to read:

AB426-ASA1,7,14 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-ASA1, s. 14 Section 14. 31.23 (3) (e) of the statutes is created to read:

AB426-ASA1,7,18 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-ASA1, s. 15 Section 15. 44.40 (5) of the statutes is amended to read:

AB426-ASA1,7,21 44.40 (5) This section does not apply as provided in s. 295.45 (6) or to any state agency action which is subject to 16 USC 461 to 470mm.

AB426-ASA1, s. 15d Section 15d. 70.375 (1) (as) of the statutes is amended to read:

AB426-ASA1,7,25 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-ASA1, s. 15f Section 15f. 70.375 (1) (bm) of the statutes is amended to read:

AB426-ASA1,8,9 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-ASA1, s. 15h Section 15h. 70.38 (2) of the statutes is amended to read:

AB426-ASA1,8,14 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-ASA1, s. 16 Section 16. 70.395 (1e) of the statutes is amended to read:

AB426-ASA1,8,23 70.395 (1e) Distribution. 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 that the department of administration shall transfer 60 percent of the amount collected from each person extracting ferrous metallic minerals to the investment and local impact fund and the department of revenue shall deposit 40 percent of the amount collected from any such person into the general fund.

AB426-ASA1, s. 16d Section 16d. 70.395 (2) (dc) 1. of the statutes is amended to read:

AB426-ASA1,9,4 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 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-ASA1, s. 16f Section 16f. 70.395 (2) (dc) 4. of the statutes is amended to read:

AB426-ASA1,9,10 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-ASA1, s. 16h Section 16h. 70.395 (2) (fm) of the statutes is amended to read:

AB426-ASA1,9,19 70.395 (2) (fm) The board may distribute a payment received under par. (dc) to a county, town, village, city, tribal government or local impact committee authorized under s. 293.41 (3) or 295.443 only for legal counsel, qualified technical experts in the areas of transportation, utilities, economic and social impacts, environmental impacts and municipal services and other reasonable and necessary expenses incurred by the recipient that directly relate to the good faith negotiation of a local agreement under s. 293.41 or 295.443 for the proposed mine for which the payment is made.

AB426-ASA1, s. 16j Section 16j. 70.395 (2) (h) 1. of the statutes is amended to read:

AB426-ASA1,9,24 70.395 (2) (h) 1. Distribution shall first be made to those municipalities in which metalliferous minerals are extracted or were extracted within 3 years previous to December 31 of the current year, or in which a permit has been issued under s. 293.49 or 295.58 to commence mining;

AB426-ASA1, s. 17 Section 17. 87.30 (2) of the statutes is renumbered 87.30 (2) (a) and amended to read:

AB426-ASA1,10,11 87.30 (2) (a) Every Except as provided in par. (b), every structure, building, fill, or development placed or maintained within any floodplain in violation of a zoning ordinance adopted under this section, or s. 59.69, 61.35 or 62.23 is a public nuisance and the creation thereof may be enjoined and maintenance thereof may be abated by action at suit of any municipality, the state or any citizen thereof. Any person who places or maintains any structure, building, fill or development within any floodplain in violation of a zoning ordinance adopted under this section, or s. 59.69, 61.35 or 62.23 may be fined not more than $50 for each offense. Each day during which such violation exists is a separate offense.

AB426-ASA1, s. 18 Section 18. 87.30 (2) (b) of the statutes is created to read:

AB426-ASA1,10,15 87.30 (2) (b) Paragraph (a) does not apply to a structure, building, fill, or development placed or maintained as part of a mining operation covered by a mining permit under s. 295.58.

AB426-ASA1, s. 19 Section 19. 107.001 (1) of the statutes is amended to read:

AB426-ASA1,10,23 107.001 (1) "Exploration mining lease" means any lease, option to lease, option to purchase or similar conveyance entered into for the purpose of determining the presence, location, quality or quantity of metalliferous nonferrous metallic minerals or for the purpose of mining, developing or extracting metalliferous nonferrous metallic minerals, or both under ch. 293. Any lease, option to lease, option to purchase or similar conveyance entered into by a mining company is rebuttably presumed to be an exploration mining lease.

AB426-ASA1, s. 20 Section 20. 107.001 (2) of the statutes is repealed.

AB426-ASA1, s. 21 Section 21. 107.01 (intro.) of the statutes is amended to read:

AB426-ASA1,11,4 107.01 Rules governing mining rights. (intro.) Where there is no contract between the parties or terms established by the landlord to the contrary the following rules and regulations shall be applied to mining contracts and leases for the digging of ores and nonferrous metallic minerals:

AB426-ASA1, s. 22 Section 22. 107.01 (2) of the statutes is amended to read:

AB426-ASA1,11,14 107.01 (2) The discovery of a crevice or range containing ores or minerals nonferrous metallic minerals shall entitle the discoverer to the ores or minerals pertaining thereto, subject to the rent due the discoverer's landlord, before as well as after the ores or minerals nonferrous metallic minerals are separated from the freehold; but such miner shall not be entitled to recover any ores or minerals nonferrous metallic minerals or the value thereof from the person digging on the miner's range in good faith and known to be mining thereon until the miner shall have given notice of the miner's claim; and the miner shall be entitled to the ores or minerals nonferrous metallic minerals dug after such notice.

AB426-ASA1, s. 23 Section 23. 107.02 of the statutes is amended to read:

AB426-ASA1,12,10 107.02 Mining statement; penalty. When there is no agreement between the parties to any mining lease, license or permit, to mine or remove ore nonferrous metallic minerals from any lands in this state, regulating the method of reporting the amount of ore nonferrous metallic minerals taken, the person mining and removing the ore or ores nonferrous metallic minerals shall keep proper and correct books, and therefrom to make and deliver by or before the fifteenth day of each month to the lessor, owner or person entitled thereto, a detailed statement covering the operations of the preceding month. The statement shall show the total amount of tons or pounds of each kind of ore nonferrous metallic minerals produced; if sold, then to whom sold, giving the date of sale, date of delivery to any railroad company, naming the company, and the station where delivered or billed for shipment; the name and address of the purchaser; the price per ton at which sold and the total value of each kind of ore nonferrous metallic minerals so sold. The books shall be always open to any owner, lessor, licensor or stockholder, if the owner, lessor or licensor is a corporation, and to any person or stockholder interested in any such mining operations, for the purpose of inspection and taking copies thereof or abstracts therefrom. Any person and every officer, agent or employee of any thereof, who violates this section, or who makes any false or incomplete entries on any such books or statements, shall be fined not less than $100 or imprisoned in the county jail for not more than 3 months or both.

AB426-ASA1, s. 24 Section 24. 107.03 of the statutes is amended to read:

AB426-ASA1,12,21 107.03 Conflicting claims. In case of conflicting claims to a crevice or range bearing ores or nonferrous metallic minerals the court may continue any action to enforce a claim or grant any necessary time for the purpose of allowing parties to prove up their mines or diggings if it satisfactorily appears necessary to the ends of justice. In such case the court or judge may appoint a receiver and provide that the mines or diggings be worked under the receiver's direction, subject to the order of the court, in such manner as best ascertains the respective rights of the parties. The ores or nonferrous metallic minerals raised by either party pending the dispute shall be delivered to the receiver, who may, by order of the court or judge, pay any rent or other necessary expenses therefrom.

AB426-ASA1, s. 25 Section 25. 107.04 of the statutes is amended to read:

AB426-ASA1,13,9 107.04 Lessee's fraud; failure to work mine. Any miner who conceals or disposes of any ores or nonferrous metallic minerals or mines or diggings for the purpose of defrauding the lessor of rent or who neglects to pay any rent on ores or nonferrous metallic minerals raised by the miner for 3 days after the notice thereof and claim of the rent, shall forfeit all right to his or her mines, diggings or range; and the landlord after the concealment or after 3 days have expired from the time of demanding rent, may proceed against the miner to recover possession of the mines or diggings in circuit court as in the case of a tenant holding over after the termination of the lease. If a miner neglects to work his or her mines or diggings according to the usages of miners, without reasonable excuse, he or she shall likewise forfeit the mines or diggings and the landlord may proceed against the miner in like manner to recover possession of the mines or diggings.

AB426-ASA1, s. 26 Section 26. 107.11 of the statutes is amended to read:

AB426-ASA1,13,22 107.11 Account of ore nonferrous metallic minerals received. Every person operating a metal recovery system and every purchaser of ores and nonferrous metallic minerals shall keep a substantially bound book, ruled into suitable columns, in which shall be entered from day to day, as ores or nonferrous metallic minerals are received, the following items: the day, month and year when received; the name of the person from whom purchased; the name of the person by whom hauled and delivered; name of the owner of the land from which the ores or nonferrous metallic minerals were obtained, or if not known, the name of the diggings or some distinct description of the land. The bound book shall be kept at the furnace or at the usual place of business of such person or purchaser or his or her agent in this state, and shall be open to authorized representatives of the department of revenue at reasonable times for inspection and taking extracts.

AB426-ASA1, s. 27 Section 27. 107.12 of the statutes is amended to read:

AB426-ASA1,14,5 107.12 Penalty. If any person operating a metal recovery system or purchaser of ores and nonferrous metallic minerals or the agent of any such person or purchaser doing business fails to keep such a book or to make such entries as required under s. 107.11 or unreasonably refuses to show the book for inspection or taking extracts or makes false entries in the book he or she shall forfeit $10 for each offense, one-half to the use of the prosecutor; and each day such failure or refusal continues shall be deemed a distinct and separate offense.

AB426-ASA1, s. 28 Section 28. 107.20 (1) of the statutes is amended to read:

AB426-ASA1,14,18 107.20 (1) Any provision of an exploration mining lease entered into after April 25, 1978, granting an option or right to determine the presence, location, quality or quantity of metalliferous nonferrous metallic minerals shall be limited to a term not exceeding 10 years from the date on which the exploration mining lease is recorded in the office of the register of deeds of the county where the property is located, except that any provision of an exploration mining lease entered into after April 25, 1978, granting an option or right to determine the quality and quantity of metalliferous nonferrous metallic minerals under a prospecting permit shall be limited to a term not exceeding 10 years from the date that the lessee applies for a prospecting permit under s. 293.35, if the lessee applies for the prospecting permit within 10 years from the date on which the exploration mining lease is recorded in the office of the register of deeds of the county where the property is located.

AB426-ASA1, s. 29 Section 29. 107.20 (2) of the statutes is amended to read:

AB426-ASA1,14,24 107.20 (2) Any provision of an exploration mining lease entered into after April 25, 1978, granting an option or right to develop or extract metalliferous nonferrous metallic minerals shall be limited to a term not exceeding 50 years from the date on which the exploration mining lease is recorded in the office of the register of deeds of the county where the property is located.

AB426-ASA1, s. 30m Section 30m. 107.30 (8) of the statutes is amended to read:

AB426-ASA1,15,5 107.30 (8) "Mining" or "mining operation" has the meaning set forth in s. 293.01 (9) means all or part of the process involved in the mining of metallic minerals, other than for exploration or prospecting, including commercial extraction, agglomeration, beneficiation, construction of roads, removal of overburden, and the production of refuse.

AB426-ASA1, s. 31m Section 31m. 107.30 (15) of the statutes is amended to read:

AB426-ASA1,15,19 107.30 (15) "Prospecting" has the meaning set forth in s. 293.01 (18) means engaging in the examination of an area for the purpose of determining the quality and quantity of minerals, other than for exploration but including the obtaining of an ore sample, by such physical means as excavating, trenching, construction of shafts, ramps, and tunnels and other means, other than for exploration, which the department of natural resources, by rule, identifies, and the production of prospecting refuse and other associated activities. "Prospecting" does not include such activities when the activities are, by themselves, intended for and capable of commercial exploitation of the underlying ore body. The fact that prospecting activities and construction may have use ultimately in mining, if approved, does not mean that prospecting activities and construction constitute mining within the meaning of sub. (8), provided such activities and construction are reasonably related to prospecting requirements.

AB426-ASA1, s. 32m Section 32m. 107.30 (16) of the statutes is amended to read:

AB426-ASA1,15,23 107.30 (16) "Prospecting site" has the meaning set forth in s. 293.01 (21) means the lands on which prospecting is actually conducted as well as those lands on which physical disturbance will occur as a result of such activity.

AB426-ASA1, s. 33 Section 33. 160.19 (12) of the statutes is amended to read:

AB426-ASA1,16,7 160.19 (12) The requirements in this section shall not apply to rules governing an activity regulated under ch. 293 or subch. III of ch. 295, or to a solid waste facility regulated under subch. III of ch. 289 which is part of an activity regulated under ch. 293 or subch. III of ch. 295, except that the department may promulgate new rules or amend rules governing this type of activity, practice or facility if the department determines that the amendment or promulgation of rules is necessary to protect public health, safety or welfare.

AB426-ASA1, s. 33r Section 33r. 196.491 (3) (a) 3. b. of the statutes is amended to read:

AB426-ASA1,16,22 196.491 (3) (a) 3. b. Within 20 days after After the department provides a listing specified in subd. 3. a. to a person, the person shall apply for the applicable permits and approvals identified in the listing. The department shall determine whether an application under this subd. 3. b. is complete and, no later than 30 days after the application is filed, notify the applicant about the determination. If the department determines that the application is incomplete, the notice shall state the reason for the determination. An applicant may supplement and refile an application that the department has determined to be incomplete. There is no limit on the number of times that an applicant may refile an application under this subd. 3. b. If the department fails to determine whether an application is complete within 30 days after the application is filed, the application shall be considered to be complete. The department shall complete action on an application under this subd. 3. b. for any permit or approval that is required prior to construction of a facility within 120 days after the date on which the application is determined or considered to be complete.

AB426-ASA1, s. 34 Section 34. 196.491 (4) (b) 2. of the statutes is amended to read:

AB426-ASA1,17,6 196.491 (4) (b) 2. The person shows to the satisfaction of the commission that the person reasonably anticipates, at the time that construction of the equipment or facilities commences, that on each day that the equipment and facilities are in operation the person will consume no less than 70% of the aggregate kilowatt hours output from the equipment and facilities in manufacturing processes at the site where the equipment and facilities are located or in ferrous mineral mining and processing activities governed by subch. III of ch. 295 at the site where the equipment and facilities are located.

AB426-ASA1, s. 35 Section 35. 281.65 (2) (a) of the statutes is amended to read:

AB426-ASA1,17,20 281.65 (2) (a) "Best management practices" means practices, techniques or measures, except for dredging, identified in areawide water quality management plans, which are determined to be effective means of preventing or reducing pollutants generated from nonpoint sources, or from the sediments of inland lakes polluted by nonpoint sources, to a level compatible with water quality objectives established under this section and which do not have an adverse impact on fish and wildlife habitat. The practices, techniques or measures include land acquisition, storm sewer rerouting and the removal of structures necessary to install structural urban best management practices, facilities for the handling and treatment of milkhouse wastewater, repair of fences built using grants under this section and measures to prevent or reduce pollutants generated from mine tailings disposal sites for which the department has not approved a plan of operation under s. 289.30 or s. 295.51.

AB426-ASA1, s. 36 Section 36. 281.75 (17) (b) of the statutes is amended to read: