AB935: Bill Text

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB935, s. 1 Section 1. 293.01 (26) (intro.) of the statutes is amended to read:

AB935,3,3 293.01 (26) (intro.) "Related person" means any person that owns or operates a mining site in the United States and that is one of the following when an application for a mining permit is submitted to pending before the department:

AB935, s. 2 Section 2. 293.37 (2) (e) 1. of the statutes is amended to read:

AB935,3,7 293.37 (2) (e) 1. The information specified in subd. 2. concerning the occurrence of any of the following within 10 years before at any time beginning on the first day of the 120th month before the month in which the application is submitted:

AB935,3,12 a. A forfeiture by the applicant, principal shareholder of the applicant or a related person of a mining reclamation bond that was sufficient to cover all costs of reclamation and was posted in accordance with a permit or other approval for a mining operation in the United States, unless the forfeiture was by agreement with the entity for whose benefit the bond was posted.

AB935,3,16 b. A felony criminal conviction of the applicant, a related person or an officer or director of the applicant for a violation of a law for the protection of the natural environment arising out of the operation of a mining site in the United States if the maximum term of imprisonment for the violation is at least one year.

AB935,3,19 c. The bankruptcy or dissolution of the applicant or a related person that resulted in the failure to reclaim a mining site in the United States in violation of a state or federal law.

AB935,3,23 d. The permanent revocation of a mining permit or other mining approval issued to the applicant or a related person if the permit or other mining approval was revoked because of a failure to reclaim a mining site in the United States in violation of state or federal law.

AB935, s. 3 Section 3. 293.37 (2) (e) 1. e. of the statutes is created to read:

AB935,4,5 293.37 (2) (e) 1. e. An environmental response costing more than $20,000,000 in the aggregate necessitated by, or damages of more than $20,000,000 in the aggregate resulting from, pollution from any mine or mining waste facility owned or operated by the applicant, a principal shareholder of the applicant, or a related person.

AB935, s. 4 Section 4. 293.37 (2) (e) 1. f. of the statutes is created to read:

AB935,4,10 293.37 (2) (e) 1. f. The unauthorized discharge of more than 100,000 tons in the aggregate of contaminants or mining waste from any mine or mining waste facility owned or operated by the applicant, a principal shareholder of the applicant, or a related person.

AB935, s. 5 Section 5. 293.37 (5) of the statutes is created to read:

AB935,4,14 293.37 (5) An applicant shall notify the department of any changes or corrections in the information required under this section of which the applicant becomes aware while the application is pending before the department.

AB935, s. 6 Section 6. 293.49 (2) (b) of the statutes is amended to read:

AB935,4,17 293.49 (2) (b) That the applicant or a related person has violated and continues to fail to comply with this chapter or any rule adopted under this chapter.

AB935, s. 7 Section 7. 293.49 (2) (c) of the statutes is amended to read:

AB935,4,25 293.49 (2) (c) That the applicant, a principal shareholder of the applicant, or a related person has within 10 years before at any time beginning on the first day of the 120th month before the month in which the application is submitted forfeited a mining reclamation bond that was posted in accordance with a permit or other approval for a mining operation in the United States, unless the forfeiture was by agreement with the entity for whose benefit the bond was posted and the amount of the bond was sufficient to cover all costs of reclamation.

AB935, s. 8 Section 8. 293.49 (2) (d) (intro.) of the statutes is amended to read:

AB935,5,8 293.49 (2) (d) (intro.) That the applicant, a related person or an officer or director of the applicant has, within 10 years before at any time beginning on the first day of the 120th month before the month in which the application is submitted, been convicted of more than one felony for violations of laws a crime for violating a law for the protection of the natural environment arising out of the operation of a mining site in the United States, if the maximum term of imprisonment for the violation is at least one year, unless one of the following applies:

AB935, s. 9 Section 9. 293.49 (2) (d) 3. of the statutes is repealed.

AB935, s. 10 Section 10. 293.49 (2) (e) of the statutes is amended to read:

AB935,5,15 293.49 (2) (e) That the applicant or a related person has, within 10 years before at any time beginning on the first day of the 120th month before the month in which the application is submitted, declared bankruptcy or undergone dissolution that resulted in the failure to reclaim a mining site in the United States in violation of a state or federal law and that failure has not been remedied and is not being remedied.

AB935, s. 11 Section 11. 293.49 (2) (f) of the statutes is amended to read:

AB935,5,22 293.49 (2) (f) That, within 10 years before at any time beginning on the first day of the 120th month before the month in which the application is submitted, a mining permit or other mining approval issued to the applicant or a related person was permanently revoked because of a failure to reclaim a mining site in the United States in violation of state or federal law and that failure has not been and is not being remedied.

AB935, s. 12 Section 12. 293.49 (2) (g) of the statutes is created to read:

AB935,6,4 293.49 (2) (g) That, at any time beginning on the first day of the 120th month before the month in which the application is submitted, environmental pollution from any mine or mining waste facility owned or operated by the applicant, a principal shareholder of the applicant, or a related person necessitated an environmental response that cost more than $20,000,000 in the aggregate or resulted in more than $20,000,000 in the aggregate in damages.

AB935, s. 13 Section 13. 293.49 (2) (h) of the statutes is created to read:

AB935,6,10 293.49 (2) (h) That, at any time beginning on the first day of the 120th month before the month in which the application is submitted, an unauthorized discharge of more than 100,000 tons in the aggregate of contaminants or mining waste occurred from any mine or mining waste facility owned or operated by the applicant, a principal shareholder of the applicant, or a related person.

AB935, s. 14 Section 14. 293.49 (3) of the statutes is repealed.

AB935, s. 15 Section 15. Nonstatutory provisions.

AB935,6,21 (1) If a person has applied for a mining permit under section 293.37 of the statutes before the effective date of this subsection, and the department of natural resources has not approved or denied the application before the effective date of this subsection, the person shall submit the additional information required by section 293.37 (2) (e) 1. of the statutes, as affected by this act, no later than the first day of the 3rd month beginning after the effective date of this subsection. The department of natural resources may not approve the application before the person submits the additional information required by section 293.37 (2) (e) l. of the statutes, as affected by this act.

AB935, s. 16 Section 16. Initial applicability.

AB935,7,3 (1) This act first applies to an application for a mining permit that the department of natural resources approves or denies on the effective date of this subsection.

AB935,7,4 (End)