3. Work with and provide assistance to other regulatory agencies, including
local and federal agencies, during the processes relating to proposed mining in which
the agencies have an interest.
4. Seek to enter into a memorandum of understanding with any federal agency
with responsibilities related to a potential mining operation covering timelines and
other issues of mutual concern.
5. Seek to be the lead agency in matters related to processing an application
for a mining permit that are undertaken in coordination with a federal agency.
Irrevocable trust
Currently, DNR's rules on metallic mining require a person to whom a mining
permit is issued to establish an irrevocable trust to ensure adequate funds to
undertake preventive measures to avoid adverse environmental consequences and
to take measures in response to a spill of hazardous substances or the failure of a
mining waste facility to contain the waste. DNR determines the level of funding
required based on the likelihood of the need for preventive or response measures and
the range of costs of the measures.
Under this substitute amendment, the level of funding for the irrevocable trust
for a metallic mine is equal to the sum of the following:
1. Twenty percent of the amount of the bond or other security required under
current law to ensure the availability of funds for reclamation of the mining site.
2. Twenty percent of the amount of the bond or other security required under
current law as proof of financial responsibility for closure and long-term care of the
mining waste facility.
Recycling tipping fee
Current law imposes several fees, often referred to as tipping fees, on
generators of solid waste that are based on the tonnage of solid waste disposed of at
solid waste disposal facilities. The recycling tipping fee is $7 per ton. Under current
law there are some exemptions from the recycling tipping fee and the other tipping
fees.
The substitute amendment exempts metallic prospecting and mining waste
from the recycling tipping fee.
Groundwater
Under current law, among other conditions, to approve the application for a
permit for metallic mining DNR must find that the proposed mine will comply with
groundwater laws and rules. Under the groundwater laws, DNR and the
Department of Health Services establish groundwater quality standards for
substances that contaminate groundwater. Also under current law, for certain
facilities, such as waste disposal facilities, the groundwater law requires DNR to
establish a three-dimensional design management zone (DMZ) within the property
boundaries. DNR's current rules require the applicant for a mining permit to submit
information based on predictive modeling to demonstrate whether there is a
reasonable certainty that a mining waste facility will result in the violation of a
groundwater standard beyond the DMZ. There is no time frame specified for this
modeling.

This substitute amendment requires an applicant for a mining permit to
submit information based on predictive modeling to demonstrate whether there is
a reasonable certainty that a mining waste facility will result in the violation of a
groundwater standard beyond the DMZ within 250 years after the facility is planned
to be closed.
Currently, for metallic mining waste sites, in addition to the DMZ, DNR's rules
provide for a mandatory intervention boundary that is generally 150 feet from the
outer waste boundary. Under the rules, if a preventive action limit or an enforcement
standard is exceeded beyond the mandatory intervention boundary, DNR must
require a response by the operator.
This substitute amendment provides that DNR and an applicant for a mining
permit may agree to use a mandatory intervention boundary that is a longer
distance, up to 600 feet, from the outer waste boundary.
The substitute amendment also requires DNR to study whether, in connection
with metallic mining, groundwater standards should apply in an aquifer containing
saline (salty) water and to report its conclusions to the legislature.
Mining waste characterization
Current law requires DNR to promulgate rules for the identification and
regulation of metallic mining wastes. This substitute amendment requires DNR to
adopt, in those rules, standards of the American Society for Testing and Materials
for testing and other methodologies related to the evaluation of mining waste.
Occupation tax on mining
Under current law, the state imposes a net proceeds occupation tax on the
mining of metallic minerals in this state. The tax is based, generally, on a percentage
of net income from the sale of ore or minerals after certain mining processes have
been applied to the ore or minerals. The tax rates are annually adjusted to reflect
the change in gross national product. Gross national product, generally, measures
the output generated by U.S. enterprises, regardless of whether those enterprises
are located in this country.
Under this substitute amendment, instead of paying a net proceeds occupation
tax based on net income, a person who is mining ferrous minerals in this state would
pay a tax equal to $2.412 for each 2,240 pounds of ferrous minerals extracted from
mines in this state, based on a three-year average. The tax rate would be annually
adjusted to reflect the change in the gross domestic product.
Under current law, a person who intends to apply for a mining permit must
make three payments of $50,000 each to the investment and local impact fund.
Under the substitute amendment, a person who intends to apply for a mining permit
must instead make three payments of $100,000 each to the investment and local
impact fund.
Under current law, the revenue collected from the net proceeds occupation tax
is deposited into the investment and local impact fund. The fund is managed by the
local impact fund board (the board). The revenue is then, generally, distributed to
the counties and municipalities in which metallic minerals are being mined. The
substitute amendment allows the board to provide grants to units of local
government to prepare economic impact studies related to sites at or near the units

of local government on which exploration or prospecting is being conducted for the
potential mining of ferrous minerals.
Under the substitute amendment, 70 percent of the revenue collected from the
tax on extracting ferrous metallic minerals in this state, as created in the substitute
amendment, is deposited into the investment and local impact fund and 30 percent
of the revenue is used for a regional Wisconsin diversification program that the
substitute amendment requires the Wisconsin Economic Development Corporation
(WEDC) to establish. The substitute amendment authorizes WEDC to use the
moneys it receives for the regional Wisconsin diversification program for the purpose
of making business diversification grants or loans in coordination with appropriate
units of local government to businesses that are located in close proximity to, but no
more than 100 miles from, the site of a mine for ferrous metallic minerals. The
substitute amendment also authorizes WEDC to use those moneys for the purpose
of catastrophe abatement or response, as determined by WEDC.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB1-SSA1,1 1Section 1. 20.192 (1) (g) of the statutes is created to read:
SB1-SSA1,6,32 20.192 (1) (g) Regional Wisconsin diversification program. All moneys received
3under s. 70.395 (1e) for grants, loans, and disbursements under s. 238.14.
SB1-SSA1,2 4Section 2. 70.375 (2) (a) of the statutes is amended to read:
SB1-SSA1,6,125 70.375 (2) (a) In Except as provided in sub. (7), with respect to mines not in
6operation on November 28, 1981, there is imposed upon persons engaged in mining
7metalliferous minerals in this state a net proceeds occupation tax effective on the
8date on which extraction begins to compensate the state and municipalities for the
9loss of valuable, irreplaceable metalliferous minerals. The amount of the tax shall
10be determined by applying the rates established under sub. (5) to the net proceeds
11of each mine. The net proceeds of each mine for each year are the difference between
12the gross proceeds and the deductions allowed under sub. (4) for the year.
SB1-SSA1,3 13Section 3. 70.375 (5) (intro.) of the statutes is amended to read:
SB1-SSA1,7,3
170.375 (5) Rates. (intro.) The Except as provided in sub. (7), the tax to be
2assessed, levied and collected upon persons engaging in mining metalliferous
3minerals in this state shall be computed at the following rates:
SB1-SSA1,4 4Section 4. 70.375 (7) of the statutes is created to read:
SB1-SSA1,7,115 70.375 (7) Per ton rate. (a) Notwithstanding subs. (2) and (5), for mines in
6operation after December 31, 2012, the tax assessed, levied, and collected from a
7person engaged in mining ferrous minerals in this state is an amount equal to $2.412
8for each 2,240 pounds of ferrous minerals extracted by the person from mines in this
9state, based on the average annual amount extracted during the current year and
10the previous 2 years, not including any year in which the person is not extracting
11ferrous minerals from mines in this state.
SB1-SSA1,7,1612 (b) Beginning in 2014, and in each year thereafter, the department shall change
13the dollar amount rate under par. (a) to reflect the percentage change in the gross
14domestic product implicit price deflator from the 4th quarter of the 2nd preceding
15year to the 4th quarter of the preceding year, as determined by the federal
16department of commerce.
SB1-SSA1,5 17Section 5. 70.395 (1e) of the statutes is amended to read:
SB1-SSA1,8,218 70.395 (1e) Distribution. Fifteen days after the collection of the tax under ss.
1970.38 to 70.39, the department of administration, upon certification of the
20department of revenue, shall transfer the amount collected in respect to mines not
21in operation on November 28, 1981, to the investment and local impact fund, except
22that the department of administration shall transfer 70 percent of the amount
23collected from each person under s. 70.375 (7) to the investment and local impact
24fund and 30 percent of the amount collected from each person under s. 70.375 (7) to

1the appropriation under s. 20.192 (1) (g) for the regional Wisconsin diversification
2program under s. 238.14
.
SB1-SSA1,6 3Section 6. 70.395 (2) (dc) 1. of the statutes is amended to read:
SB1-SSA1,8,74 70.395 (2) (dc) 1. Each person intending to submit an application for a mining
5permit shall pay $50,000 $100,000 to the department of revenue for deposit in the
6investment and local impact fund at the time that the person notifies the department
7of natural resources under s. 293.31 (1) of that intent.
SB1-SSA1,7 8Section 7. 70.395 (2) (dc) 2. of the statutes is amended to read:
SB1-SSA1,8,119 70.395 (2) (dc) 2. A person making a payment under subd. 1. shall pay an
10additional $50,000 $100,000 upon notification by the board that the board has
11distributed 50% of the payment under subd. 1.
SB1-SSA1,8 12Section 8. 70.395 (2) (dc) 3. of the statutes is amended to read:
SB1-SSA1,8,1613 70.395 (2) (dc) 3. A person making a payment under subd. 2. shall pay an
14additional $50,000 $100,000 upon notification by the board that the board has
15distributed all of the payment under subd. 1. and 50% of the payment under subd.
162.
SB1-SSA1,9 17Section 9. 70.395 (2) (g) (intro.) of the statutes is amended to read:
SB1-SSA1,8,2018 70.395 (2) (g) (intro.) The board may distribute the revenues received by the
19investment and local impact fund
under sub. (1e) or proceeds thereof in accordance
20with par. (h) for the following purposes, as the board determines necessary:
SB1-SSA1,10 21Section 10. 70.395 (2) (L) of the statutes is created to read:
SB1-SSA1,9,222 70.395 (2) (L) Notwithstanding any other provision under this subsection, the
23board may provide grants to local governmental units, as defined in s. 238.133 (1) (b),
24to prepare economic impact studies related to sites at or near the local governmental
25units on which exploration or prospecting is being conducted for the potential mining

1of ferrous minerals or that are the subject of a preapplication process for a permit to
2mine ferrous minerals.
SB1-SSA1,11 3Section 11. 227.42 (4) of the statutes is amended to read:
SB1-SSA1,9,54 227.42 (4) This section does not apply if a hearing on the matter was conducted
5as a part of a hearing under s. 293.43 293.44.
SB1-SSA1,12 6Section 12. 238.14 of the statutes is created to read:
SB1-SSA1,9,8 7238.14 Regional Wisconsin diversification program. The corporation
8may use moneys appropriated under s. 20.192 (1) (g) only as follows:
SB1-SSA1,9,15 9(1) The corporation may make a grant or loan of those moneys to a business that
10is located within 100 miles from the site of a mine for ferrous metallic minerals in
11this state, and the corporation shall give preference for that grant or loan to a
12business that is located in close proximity to the site of the mine. In making a grant
13or loan under this subsection, the corporation shall coordinate with an appropriate
14local governmental unit, as defined in s. 238.133 (1) (b), to make that grant or loan
15on a competitive basis for the purpose of business diversification.
SB1-SSA1,9,18 16(2) The corporation may disburse those moneys for the purpose of catastrophe
17abatement or response related to a mine for ferrous metallic minerals, as determined
18by the corporation.
SB1-SSA1,13 19Section 13. 281.93 (3) of the statutes is amended to read:
SB1-SSA1,9,2120 281.93 (3) Mining hearing. Subsections (1) and (2) do not apply if a hearing
21on the matter is conducted as a part of a hearing under s. 293.43 293.44.
SB1-SSA1,14 22Section 14. 283.63 (3) of the statutes is amended to read:
SB1-SSA1,9,2423 283.63 (3) Subsections (1) and (2) do not apply if a hearing on the permit
24application is conducted as a part of a hearing under s. 293.43 293.44.
SB1-SSA1,15 25Section 15. 285.81 (3) of the statutes is amended to read:
SB1-SSA1,10,2
1285.81 (3) Mining hearing. Subsections (1) and (2) do not apply if a hearing
2on the matter is conducted as a part of a hearing under s. 293.43 293.44.
SB1-SSA1,16 3Section 16. 289.05 (2) of the statutes is amended to read:
SB1-SSA1,10,214 289.05 (2) With the advice and comment of the metallic mining council, the
5department shall promulgate rules for the identification and regulation of metallic
6mining wastes. The rules promulgated to identify metallic mining wastes and to
7regulate the location, design, construction, operation and maintenance of facilities
8for the disposal of metallic mining wastes shall be in accordance with any or all of
9the provisions under this chapter and chs. 30 and 283. The rules shall take into
10consideration the special requirements of metallic mining operations in the location,
11design, construction, operation and maintenance of facilities for the disposal of
12metallic mining wastes as well as any special environmental concerns that will arise
13as a result of the disposal of metallic mining wastes. In promulgating the rules, the
14department shall give consideration to research, studies, data and recommendations
15of the U.S. environmental protection agency on the subject of metallic mining wastes
16arising from the agency's efforts to implement the resource conservation and
17recovery act. In the rules, the department shall adopt the standards of the American
18Society for Testing and Materials for testing and other methodologies related to the
19evaluation of mining waste. After the department promulgates rules adopting those
20standards, the department may modify or replace the rules to reflect new
21technologies or industry practices.
SB1-SSA1,17 22Section 17. 289.27 (3) of the statutes is amended to read:
SB1-SSA1,11,223 289.27 (3) Nonapplicability. Notwithstanding sub. (2), this section does not
24apply if a hearing on the feasibility report is conducted as a part of a hearing under
25s. 293.43 293.44 and the time limits, notice and hearing provisions under that section

1supersede the time limits, notice and hearing provisions under s. 289.25 (2) and (3)
2and this section.
SB1-SSA1,18 3Section 18. 289.29 (5) of the statutes is amended to read:
SB1-SSA1,11,104 289.29 (5) Issuance of final determination of feasibility in certain
5situations involving utilities and mining.
If a determination of feasibility is
6identified in the listing specified in s. 196.491 (3) (a) 3. a., the issuance of a final
7determination of feasibility is subject to the time limit under s. 196.491 (3) (a) 3. b.
8If a determination of feasibility is required covered by a hearing under s. 293.43, the
9issuance of a final determination of feasibility is subject to the time limits under s.
10293.45 (2) or 293.49, whichever is applicable.
SB1-SSA1,19 11Section 19. 289.645 (4) (g) of the statutes is created to read:
SB1-SSA1,11,1212 289.645 (4) (g) The recycling fee does not apply to prospecting or mining waste.
SB1-SSA1,20 13Section 20. 293.31 (1) of the statutes is amended to read:
SB1-SSA1,12,914 293.31 (1) Any person intending to submit an application for a prospecting or
15mining permit shall notify the department prior to the collection of data or
16information intended to be used to support the permit application. A person
17intending to submit an application for a mining permit shall provide notice under
18this subsection at least 12 months before filing that application.
Specific
19environmental data which would be pertinent to a specific prospecting or mining
20application, but which was obtained or collected or generated prior to the notice of
21intent to apply for a prospecting or mining permit, shall be submitted in writing to
22the department together with any substantiating background information which
23would assist the department in establishing the validity of the data. The department
24shall review the data and, if it concludes that the benefits of permitting the
25admission of the data outweigh the policy reasons for excluding it, and if the data is

1otherwise admissible, inform the person giving the notice of intent to prospect or
2mine that the data will be accepted by the department. Such exclusion shall not
3relate to general environmental information such as soil characteristics, hydrologic
4conditions and air and water data contained in publications, maps, documents,
5studies, reports and similar sources, whether public or private, not prepared by or
6for the applicant. Such exclusion shall likewise not relate to data which is otherwise
7admissible that is collected prior to notification under this subsection for purposes
8of evaluating another site or sites and which is not collected with intent to evade the
9provisions of this section.
SB1-SSA1,21 10Section 21. 293.313 of the statutes is created to read:
SB1-SSA1,12,11 11293.313 Collaboration. The department shall do all of the following:
SB1-SSA1,12,13 12(1) Provide assistance to a person who provides notice under s. 293.31 during
13the processes under this subchapter.
SB1-SSA1,12,16 14(2) Work with and consult with federally recognized American Indian tribes or
15bands in this state during the processes under this subchapter concerning proposed
16mining in which the tribes and bands have an interest.
SB1-SSA1,12,19 17(3) Work with and provide assistance to other regulatory agencies, including
18local, state, and federal agencies, during the processes under this subchapter related
19to proposed mining in which the agencies have an interest.
SB1-SSA1,12,24 20(4) After the department receives a notice under s. 293.31, seek to enter into
21a memorandum of understanding with any federal regulatory agency with
22responsibilities related to the potential mining operation covering timelines,
23sampling metrology, and any other issue of mutual concern related to processing an
24application for a mining permit.
SB1-SSA1,13,3
1(5) Seek to take the lead in processes related to processing an application for
2a mining permit that are undertaken in coordination with federal regulatory
3agencies.
SB1-SSA1,22 4Section 22. 293.35 (5) of the statutes is amended to read:
SB1-SSA1,13,95 293.35 (5) If the department determines that a statement under s. 1.11 is
6required for consideration of an application for a prospecting permit to which s.
7293.42 does not apply
, the statement need not consider impacts unrelated to the
8proposed prospecting activity, other than the issue of unsuitability for surface
9mining, absent a certification under sub. (1).
SB1-SSA1,23 10Section 23. 293.37 (2) (gm) of the statutes is created to read:
SB1-SSA1,13,1311 293.37 (2) (gm) A proposed irrevocable trust agreement to provide funds for
12activities to avoid or remedy any adverse environmental consequences from the
13mining operation.
SB1-SSA1,24 14Section 24. 293.42 of the statutes is created to read:
SB1-SSA1,13,17 15293.42 Process for certain prospecting permit applications. If the
16application for a prospecting permit shows that less 10,000 tons of material is
17proposed to be excavated, all of the following apply:
SB1-SSA1,13,19 18(1) The department is not required to prepare a statement under s. 1.11 or an
19environmental analysis for consideration of the application.
SB1-SSA1,13,22 20(2) The department shall hold a public informational hearing on the
21application in the county where the prospecting site, or the largest portion of the
22prospecting site, is located.
SB1-SSA1,14,2 23(3) The hearing under sub. (2), shall cover, to the fullest extent possible, all
24other applications for approvals, licenses, and permits issued by the department that
25are needed to conduct the prospecting. The department shall inform the applicant

1as to the timely application date for all approvals, licenses, and permits issued by the
2department, so as to facilitate their consideration at the hearing.
SB1-SSA1,14,5 3(4) The department shall approve the application for the prospecting permit,
4and issue the prospecting permit, or deny the application, under s. 293.45, no later
5than 60 days after the department determines that the application is complete.
SB1-SSA1,14,13 6(5) For each approval, license, or permit, other than the prospecting permit,
7covered by the hearing under sub. (2), except for an approval, license, or permit for
8which federal law requires the opportunity for public comment or the ability to
9request a public hearing prior to issuance, the department shall approve the
10application and issue the approval, license, or permit or deny the application no later
11than 60 days after the department determines that the application for the
12prospecting permit is complete, notwithstanding any procedural provisions that
13would otherwise apply.
SB1-SSA1,14,16 14(6) Notwithstanding s. 227.42, no person is entitled to a contested case hearing
15on a decision by the department on the prospecting permit or on another approval,
16license, or permit that is covered by the public informational hearing under sub. (2).
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