AB426-SSA2, s. 12 17Section 12. 30.025 (1e) (a) of the statutes is amended to read:
AB426-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.
AB426-SSA2, s. 13 21Section 13. 30.025 (1e) (c) of the statutes is created to read:
AB426-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.
AB426-SSA2, s. 14
1Section 14. 30.025 (1m) (intro.) of the statutes is amended to read:
AB426-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:
AB426-SSA2, s. 15 10Section 15. 30.025 (1m) (c) of the statutes is amended to read:
AB426-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
14manner.
AB426-SSA2, s. 16 15Section 16. 30.025 (1s) (a) of the statutes is amended to read:
AB426-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.
AB426-SSA2, s. 17
1Section 17. 30.025 (2) of the statutes is amended to read:
AB426-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.
AB426-SSA2, s. 18 12Section 18. 30.025 (2g) (b) (intro.) of the statutes is amended to read:
AB426-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:
AB426-SSA2, s. 19 20Section 19. 30.025 (4) of the statutes is amended to read:
AB426-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).
AB426-SSA2, s. 20 3Section 20. 30.025 (4m) of the statutes is created to read:
AB426-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.
AB426-SSA2, s. 21 12Section 21. 30.12 (3m) (c) (intro.) of the statutes is amended to read:
AB426-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:
AB426-SSA2, s. 22 16Section 22. 30.123 (8) (c) of the statutes is renumbered 30.123 (8) (c) (intro.)
17and amended to read:
AB426-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:
AB426-SSA2,7,21 211. The bridge or culvert will not materially obstruct navigation,.
AB426-SSA2,7,23 222. The bridge or culvert will not materially reduce the effective flood flow
23capacity of a stream, and.
AB426-SSA2,7,24 243. The bridge or culvert will not be detrimental to the public interest.
AB426-SSA2, s. 23 25Section 23. 30.133 (2) of the statutes is amended to read:
AB426-SSA2,8,6
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-SSA2, s. 24 7Section 24. 30.19 (4) (c) (intro.) of the statutes is amended to read:
AB426-SSA2,8,108 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-SSA2, s. 25 11Section 25. 30.195 (2) (c) (intro.) of the statutes is amended to read:
AB426-SSA2,8,1412 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:
AB426-SSA2, s. 26 15Section 26. 31.23 (3) (e) of the statutes is created to read:
AB426-SSA2,8,1816 31.23 (3) (e) This subsection does not apply to a bridge that is constructed,
17maintained, or operated in association with mining or bulk sampling that is subject
18to subch. III of ch. 295.
AB426-SSA2, s. 27 19Section 27. 70.375 (1) (as) of the statutes is amended to read:
AB426-SSA2,8,2220 70.375 (1) (as) "Mine" means an excavation in or at the earth's surface made
21to extract metalliferous minerals for which a permit has been issued under s. 293.49
22or 295.58.
AB426-SSA2, s. 28 23Section 28. 70.375 (1) (bm) of the statutes is amended to read:
AB426-SSA2,9,624 70.375 (1) (bm) "Mining-related purposes" means activities which are directly
25in response to the application for a mining permit under s. 293.37 or 295.47; directly

1in response to construction, operation, curtailment of operation or cessation of
2operation of a metalliferous mine site; or directly in response to conditions at a
3metalliferous mine site which is not in operation. "Mining-related purposes" also
4includes activities which anticipate the economic and social consequences of the
5cessation of mining. "Mining-related purposes" also includes the purposes under s.
670.395 (2) (g).
AB426-SSA2, s. 29 7Section 29. 70.375 (2) (a) of the statutes is amended to read:
AB426-SSA2,9,158 70.375 (2) (a) In Except as provided in subs. (2b) and (2c), with respect to mines
9not in operation on November 28, 1981, there is imposed upon persons engaged in
10mining metalliferous minerals in this state a net proceeds occupation tax effective
11on the date on which extraction begins to compensate the state and municipalities
12for the loss of valuable, irreplaceable metalliferous minerals. The amount of the tax
13shall be determined by applying the rates established under sub. (5) to the net
14proceeds of each mine. The net proceeds of each mine for each year are the difference
15between the gross proceeds and the deductions allowed under sub. (4) for the year.
AB426-SSA2, s. 30 16Section 30. 70.375 (2b) of the statutes is created to read:
AB426-SSA2,9,2117 70.375 (2b) Minimum tax. With respect to mines in operation after December
1831, 2011, beginning with the month in which a permit is issued to a person under s.
19295.47, and for each of the 60 months following that month, the amount of the tax
20imposed on that person is the greater of the tax computed under sub. (2) or an amount
21equal to $83,333 for each month.
AB426-SSA2, s. 31 22Section 31. 70.375 (2c) of the statutes is created to read:
AB426-SSA2,9,2523 70.375 (2c) Credit. With respect to mines in operation after December 31,
242011, if a person subject to sub. (2b) would have paid less tax under sub. (2) than
25under sub. (2b), the person may claim as a credit against the tax imposed under sub.

1(2) or (2b) an amount equal to the difference between the amount paid under sub. (2b)
2and the amount that the person would have paid under sub. (2), except that the
3person may not claim a credit amount that would result in less than the total
4minimum tax liability computed under sub. (2b) for the period for which the person
5is subject to sub. (2b). The person may carry forward the amount of any unused credit
6under this subsection, as adjusted under sub. (6), to claim against the person's tax
7liability in subsequent years until the total amount of the credit is used.
AB426-SSA2, s. 32 8Section 32. 70.375 (6) of the statutes is amended to read:
AB426-SSA2,11,29 70.375 (6) Indexing. For calendar year 1983 and corresponding fiscal years and
10thereafter, the dollar amounts in sub. (5) and s. 70.395 (1) and (2) (d) 1m. and 5. a.
11and (dg), and the amount of any unused credit under sub. (2c), shall be changed to
12reflect the percentage change between the gross national product deflator for June
13of the current year and the gross national product deflator for June of the previous
14year, as determined by the U.S. department of commerce as of December 30 of the
15year for which the taxes are due, except that no annual increase may be more than
1610%. For calendar year 1983 and corresponding fiscal years and thereafter until
17calendar year 1997 and corresponding fiscal years, the dollar amounts in s. 70.395
18(1m), 1995 stats., shall be changed to reflect the percentage change between the gross
19national product deflator for June of the current year and the gross national product
20deflator for June of the previous year, as determined by the U.S. department of
21commerce as of December 30 of the year for which the taxes are due, except that no
22annual increase may be more than 10%. The revised amounts shall be rounded to
23the nearest whole number divisible by 100 and shall not be reduced below the
24amounts under sub. (5) on November 28, 1981. Annually, the department shall

1adopt any changes in dollar amounts required under this subsection and incorporate
2them into the appropriate tax forms.
AB426-SSA2, s. 33 3Section 33. 70.38 (2) of the statutes is amended to read:
AB426-SSA2,11,74 70.38 (2) Combined reporting. If the same person extracts metalliferous
5minerals from different sites in this state, the net proceeds for each site for which a
6permit has been issued under s. 293.49 or 295.58 shall be reported separately for the
7purposes of computing the amount of the tax under s. 70.375 (5).
AB426-SSA2, s. 34 8Section 34. 70.395 (1e) of the statutes is renumbered 70.395 (1e) (intro.) and
9amended to read:
AB426-SSA2,11,1410 70.395 (1e) Distribution. (intro.) Fifteen days after the collection of the tax
11under ss. 70.38 to 70.39, the department of administration, upon certification of the
12department of revenue, shall transfer the amount collected in respect to mines not
13in operation on November 28, 1981, to the investment and local impact fund., except
14as follows:
AB426-SSA2, s. 35 15Section 35. 70.395 (1e) (a) of the statutes is created to read:
AB426-SSA2,11,2116 70.395 (1e) (a) For the first 24 months following the month in which a person
17is issued a permit under s. 295.47, the department of administration shall credit the
18amount collected from any such person, not to exceed $1,000,000 annually or
19$2,000,000 total, to the appropriation under s. 20.445 (1) (gm) and shall transfer any
20amount in excess of $1,000,000 annually, or $2,000,000 total, as provided under par.
21(b).
AB426-SSA2, s. 36 22Section 36. 70.395 (1e) (b) of the statutes is created to read:
AB426-SSA2,12,223 70.395 (1e) (b) Except as provided under par. (a), the department of
24administration shall transfer 60 percent of the amount collected from each person
25extracting ferrous metallic minerals in this state to the investment and local impact

1fund and 40 percent of the amount collected from any such person into the economic
2development fund.
AB426-SSA2, s. 37 3Section 37. 70.395 (2) (dc) 1. of the statutes is amended to read:
AB426-SSA2,12,84 70.395 (2) (dc) 1. Each person intending to submit an application for a mining
5permit under s. 293.49 or 295.47 shall pay $50,000 $75,000 to the department of
6revenue for deposit in the investment and local impact fund at the time that the
7person notifies the department of natural resources under s. 293.31 (1) or 295.465
8of that intent.
AB426-SSA2, s. 38 9Section 38. 70.395 (2) (dc) 2. of the statutes is amended to read:
AB426-SSA2,12,1210 70.395 (2) (dc) 2. A person making a payment under subd. 1. shall pay an
11additional $50,000 $75,000 upon notification by the board that the board has
12distributed 50% of the payment under subd. 1.
AB426-SSA2, s. 39 13Section 39. 70.395 (2) (dc) 3. of the statutes is amended to read:
AB426-SSA2,12,1714 70.395 (2) (dc) 3. A person making a payment under subd. 2. shall pay an
15additional $50,000 $75,000 upon notification by the board that the board has
16distributed all of the payment under subd. 1. and 50% of the payment under subd.
172.
AB426-SSA2, s. 40 18Section 40. 70.395 (2) (dc) 4. of the statutes is amended to read:
AB426-SSA2,12,2319 70.395 (2) (dc) 4. Six months after the signing of a local agreement under s.
20293.41 or 295.443 for the proposed mine for which the payment is made, the board
21shall refund any funds paid under this paragraph but not distributed under par. (fm)
22from the investment and local impact fund to the person making the payment under
23this paragraph.
AB426-SSA2, s. 41 24Section 41. 70.395 (2) (dg) of the statutes is amended to read:
AB426-SSA2,13,15
170.395 (2) (dg) Each person constructing a metalliferous mining site shall pay
2to the department of revenue for deposit in the investment and local impact fund, as
3a construction fee, an amount sufficient to make the construction period payments
4under par. (d) 5. in respect to that site. Any person paying a construction fee under
5this paragraph may credit against taxes due under s. 70.375 an amount equal to the
6payments that the taxpayer has made under this paragraph, provided that the credit
7does not reduce the taxpayer's liability under s. 70.375 below the amount needed to
8make the first-dollar payments under par. (d) 1., 2. and 2m. for that year in respect
9to the taxpayer's mine. For the first 24 months following the month in which the
10taxpayer is issued a permit under s. 295.47, the taxpayer may not use the credit to
11reduce the taxpayer's liability under s. 70.375 below the minimum amount required
12under s. 70.375 (2b), but the taxpayer may use the credit in subsequent years to
13reduce the taxpayer's liability under s. 70.375 below the minimum amount required
14under s. 70.375 (2b).
Any amount not creditable because of that limitation in any
15year may be carried forward.
AB426-SSA2, s. 42 16Section 42. 70.395 (2) (fm) of the statutes is amended to read:
AB426-SSA2,13,2417 70.395 (2) (fm) The board may distribute a payment received under par. (dc)
18to a county, town, village, city, tribal government or local impact committee
19authorized under s. 293.41 (3) or 295.443 only for legal counsel, qualified technical
20experts in the areas of transportation, utilities, economic and social impacts,
21environmental impacts and municipal services and other reasonable and necessary
22expenses incurred by the recipient that directly relate to the good faith negotiation
23of a local agreement under s. 293.41 or 295.443 for the proposed mine for which the
24payment is made.
AB426-SSA2, s. 43 25Section 43. 70.395 (2) (h) 1. of the statutes is amended to read:
AB426-SSA2,14,4
170.395 (2) (h) 1. Distribution shall first be made to those municipalities in
2which metalliferous minerals are extracted or were extracted within 3 years
3previous to December 31 of the current year, or in which a permit has been issued
4under s. 293.49 or 295.58 to commence mining;
AB426-SSA2, s. 44 5Section 44. 70.395 (2) (hg) of the statutes is amended to read:
AB426-SSA2,14,86 70.395 (2) (hg) The board shall, by rule, establish fiscal guidelines and
7accounting procedures for the use of payments under pars. (d), (f), (fm) and (g), sub.
8(3) and s. ss. 293.65 (5) and 295.61 (9).
AB426-SSA2, s. 45 9Section 45. 70.395 (2) (hr) of the statutes is amended to read:
AB426-SSA2,14,1310 70.395 (2) (hr) The board shall, by rule, establish procedures to recoup
11payments made, and to withhold payments to be made, under pars. (d), (f), (fm) and
12(g), sub. (3) and s. ss. 293.65 (5) and 295.61 (9) for noncompliance with this section
13or rules adopted under this section.
AB426-SSA2, s. 46 14Section 46. 70.395 (2) (hw) of the statutes is amended to read:
AB426-SSA2,14,2315 70.395 (2) (hw) A recipient of a discretionary payment under par. (f) or (g), sub.
16(3) or s. ss. 293.65 (5) and 295.61 (9) or any payment under par. (d) that is restricted
17to mining-related purposes who uses the payment for attorney fees may do so only
18for the purposes under par. (g) 6. and for processing mining-related permits or other
19approvals required by the municipality. The board shall recoup or withhold
20payments that are used or proposed to be used by the recipient for attorney fees
21except as authorized under this paragraph. The board may not limit the hourly rate
22of attorney fees for which the recipient uses the payment to a level below the hourly
23rate that is commonly charged for similar services.
AB426-SSA2, s. 47 24Section 47. 87.30 (2) of the statutes is renumbered 87.30 (2) (a) and amended
25to read:
AB426-SSA2,15,9
187.30 (2) (a) Every Except as provided in par. (b), every structure, building, fill,
2or development placed or maintained within any floodplain in violation of a zoning
3ordinance adopted under this section, or s. 59.69, 61.35 or 62.23 is a public nuisance
4and the creation thereof may be enjoined and maintenance thereof may be abated by
5action at suit of any municipality, the state or any citizen thereof. Any person who
6places or maintains any structure, building, fill or development within any
7floodplain in violation of a zoning ordinance adopted under this section, or s. 59.69,
861.35 or 62.23 may be fined not more than $50 for each offense. Each day during
9which such violation exists is a separate offense.
AB426-SSA2, s. 48 10Section 48. 87.30 (2) (b) of the statutes is created to read:
AB426-SSA2,15,1511 87.30 (2) (b) Paragraph (a) does not apply to a structure, building, fill, or
12development placed or maintained as part of a mining operation covered by a mining
13permit under s. 295.58 except to the extent that regulation of the placement or
14maintenance of the structure, building, fill, or development is required for
15compliance with a floodplain zoning ordinance as provided under s. 295.607 (3).
AB426-SSA2, s. 49 16Section 49. 106.05 of the statutes is created to read:
AB426-SSA2,15,25 17106.05 Mining skills training grants. From the appropriation account
18under s. 20.445 (1) (gm), the department, in consultation with the Wisconsin
19Economic Development Corporation, shall award a grant annually of not more than
20$500,000 to Cooperative Educational Service Agency Number 12 or to an
21organization operating a skills improvement apprenticeship program that is
22authorized to administer the operating engineers certification program and to
23provide training in the operation of heavy equipment for the purpose of establishing,
24funding, and facilitating cross-training partnership programs between that agency
25and that organization.
AB426-SSA2, s. 50
1Section 50. 106.35 of the statutes is created to read:
AB426-SSA2,16,12 2106.35 Mining equipment manufacturing training grants. From the
3appropriation account under s. 20.445 (1) (gm), the department, in consultation with
4the Wisconsin Economic Development Corporation, shall award a grant annually of
5not more than $500,000 to Cooperative Educational Service Agency Number 1 or to
6an organization operating an economic and workforce development center in the
7southeastern area of this state to establish, fund, and facilitate cross-training
8partnership programs between that service agency and that organization for the
9purpose of establishing classroom curriculum and hands-on job training programs
10that provide individuals with the opportunity to receive instruction relating to the
11performance of manufacturing jobs in facilities in that area that are involved in
12producing equipment and products related to the mining industry.
AB426-SSA2, s. 51 13Section 51. 107.001 (1) of the statutes is amended to read:
AB426-SSA2,16,2014 107.001 (1) "Exploration mining lease" means any lease, option to lease, option
15to purchase or similar conveyance entered into for the purpose of determining the
16presence, location, quality or quantity of metalliferous nonferrous metallic minerals
17or for the purpose of mining, developing or extracting metalliferous nonferrous
18metallic
minerals, or both under ch. 293. Any lease, option to lease, option to
19purchase or similar conveyance entered into by a mining company is rebuttably
20presumed to be an exploration mining lease.
AB426-SSA2, s. 52 21Section 52. 107.001 (2) of the statutes is repealed.
AB426-SSA2, s. 53 22Section 53. 107.01 (intro.) of the statutes is amended to read:
AB426-SSA2,17,2 23107.01 Rules governing mining rights. (intro.) Where there is no contract
24between the parties or terms established by the landlord to the contrary the following

1rules and regulations shall be applied to mining contracts and leases for the digging
2of ores and nonferrous metallic minerals:
AB426-SSA2, s. 54 3Section 54. 107.01 (2) of the statutes is amended to read:
AB426-SSA2,17,124 107.01 (2) The discovery of a crevice or range containing ores or minerals
5nonferrous metallic minerals shall entitle the discoverer to the ores or minerals
6pertaining thereto, subject to the rent due the discoverer's landlord, before as well
7as after the ores or minerals nonferrous metallic minerals are separated from the
8freehold; but such miner shall not be entitled to recover any ores or minerals
9nonferrous metallic minerals or the value thereof from the person digging on the
10miner's range in good faith and known to be mining thereon until the miner shall
11have given notice of the miner's claim; and the miner shall be entitled to the ores or
12minerals
nonferrous metallic minerals dug after such notice.
AB426-SSA2, s. 55 13Section 55. 107.02 of the statutes is amended to read:
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