Amendment ASA1-AB426

RCT/MGG/RK/JK:kf/nn/cs:rs

2011 - 2012 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 2011 ASSEMBLY BILL 426

January 23, 2012 - Offered by Representative Williams.

AB426-ASA1,2,8 An Act to repeal 30.025 (1e) (title) and (a), 107.001 (2) and 293.01 (8); to renumber and amend 30.025 (1e) (b), 30.123 (8) (c) and 87.30 (2); to amend 20.370 (2) (gh), 20.455 (1) (gh), 20.566 (7) (e), 20.566 (7) (v), 29.604 (4) (intro.), 29.604 (4) (c) (intro.), 30.025 (1m) (intro.), 30.025 (1m) (c), 30.025 (1s) (a), 30.025 (2), 30.025 (2g) (b) (intro.), 30.12 (3m) (c) (intro.), 30.133 (2), 30.19 (4) (c) (intro.), 30.195 (2) (c) (intro.), 44.40 (5), 70.375 (1) (as), 70.375 (1) (bm), 70.38 (2), 70.395 (1e), 70.395 (2) (dc) 1., 70.395 (2) (dc) 4., 70.395 (2) (fm), 70.395 (2) (h) 1., 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), 29.604 (7m), 30.025 (4m), 31.23 (3) (e), 87.30 (2) (b), 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-ASA1, s. 1 Section 1. 20.370 (2) (gh) of the statutes is amended to read:

AB426-ASA1,2,14 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-ASA1, s. 2 Section 2. 20.370 (2) (gi) of the statutes is created to read:

AB426-ASA1,2,18 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-ASA1, s. 3 Section 3. 20.455 (1) (gh) of the statutes is amended to read:

AB426-ASA1,2,23 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-ASA1, s. 4 Section 4. 20.566 (7) (e) of the statutes is amended to read:

AB426-ASA1,3,4 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), and 295.443.

AB426-ASA1, s. 5 Section 5. 20.566 (7) (v) of the statutes is amended to read:

AB426-ASA1,3,9 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) , and 295.443.

AB426-ASA1, s. 6 Section 6. 29.604 (4) (intro.) of the statutes is amended to read:

AB426-ASA1,3,12 29.604 (4) Prohibition. (intro.) Except as provided in sub. (6r) and (7m) or as permitted by departmental rule or permit:

AB426-ASA1, s. 7 Section 7. 29.604 (4) (c) (intro.) of the statutes is amended to read:

AB426-ASA1,3,18 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-ASA1, s. 8 Section 8. 29.604 (7m) of the statutes is created to read:

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.