SB488: Bill Text

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

SB488, s. 1 Section 1. 20.370 (2) (gh) of the statutes is amended to read:

SB488,23,6 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.

SB488, s. 2 Section 2. 20.370 (2) (gi) of the statutes is created to read:

SB488,24,4 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.

SB488, s. 3 Section 3. 20.455 (1) (gh) of the statutes is amended to read:

SB488,24,9 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.

SB488, s. 4 Section 4. 20.566 (7) (e) of the statutes is amended to read:

SB488,24,13 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.

SB488, s. 5 Section 5. 20.566 (7) (v) of the statutes is amended to read:

SB488,24,18 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.

SB488, s. 6 Section 6. 25.46 (7) of the statutes is amended to read:

SB488,24,22 25.46 (7) The fees imposed under s. 289.67 (1) for environmental management, except that for each ton of waste, of the fees imposed under s. 289.67 (1) (cp) or (cv), $3.20 for each ton of waste is for nonpoint source water pollution abatement.

SB488, s. 7 Section 7. 29.604 (4) (intro.) of the statutes is amended to read:

SB488,24,25 29.604 (4) Prohibition. (intro.) Except as provided in sub. (6r) and (7m) or as permitted by departmental rule or permit:

SB488, s. 8 Section 8. 29.604 (4) (c) (intro.) of the statutes is amended to read:

SB488,25,6 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:

SB488, s. 9 Section 9. 29.604 (7m) of the statutes is created to read:

SB488,25,14 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.

SB488, s. 10 Section 10. 30.025 (1e) (title) and (a) of the statutes are repealed.

SB488, s. 11 Section 11. 30.025 (1e) (b) of the statutes is renumbered 30.025 (4m) (b) and amended to read:

SB488,25,20 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).

SB488, s. 12 Section 12. 30.025 (1m) (intro.) of the statutes is amended to read:

SB488,26,4 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:

SB488, s. 13 Section 13. 30.025 (1m) (c) of the statutes is amended to read:

SB488,26,9 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.

SB488, s. 14 Section 14. 30.025 (1s) (a) of the statutes is amended to read:

SB488,26,20 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 for permits shall 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.

SB488, s. 15 Section 15. 30.025 (2) of the statutes is amended to read:

SB488,27,6 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.

SB488, s. 16 Section 16. 30.025 (2g) (b) (intro.) of the statutes is amended to read:

SB488,27,14 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:

SB488, s. 17 Section 17. 30.025 (4) of the statutes is amended to read:

SB488,27,21 30.025 (4) Permit conditions. The permit may be issued, or the authority to proceed under a permit may be granted, upon stated conditions deemed necessary to assure compliance with the criteria designated under sub. (3). The department shall grant or deny the combined application for a permit permits for the utility facility within 30 days of the date on which the commission issues its decision under s. 196.49 or 196.491 (3).

SB488, s. 18 Section 18. 30.025 (4m) of the statutes is created to read:

SB488,28,4 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.

SB488, s. 19 Section 19. 30.12 (3m) (c) (intro.) of the statutes is amended to read:

SB488,28,8 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:

SB488, s. 20 Section 20. 30.123 (8) (c) of the statutes is renumbered 30.123 (8) (c) (intro.) and amended to read:

SB488,28,13 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:

SB488,28,14 1. The bridge or culvert will not materially obstruct navigation,.

SB488,28,16 2. The bridge or culvert will not materially reduce the effective flood flow capacity of a stream, and.

SB488,28,17 3. The bridge or culvert will not be detrimental to the public interest.

SB488, s. 21 Section 21. 30.133 (2) of the statutes is amended to read:

SB488,28,24 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.

SB488, s. 22 Section 22. 30.19 (4) (c) (intro.) of the statutes is amended to read:

SB488,29,3 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:

SB488, s. 23 Section 23. 30.195 (2) (c) (intro.) of the statutes is amended to read:

SB488,29,7 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:

SB488, s. 24 Section 24. 31.23 (3) (e) of the statutes is created to read:

SB488,29,11 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.

SB488, s. 25 Section 25. 44.40 (5) of the statutes is amended to read:

SB488,29,14 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.

SB488, s. 26 Section 26. 70.375 (1) (as) of the statutes is amended to read:

SB488,29,18 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.

SB488, s. 27 Section 27. 70.375 (1) (bm) of the statutes is amended to read:

SB488,30,2 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).

SB488, s. 28 Section 28. 70.38 (2) of the statutes is amended to read:

SB488,30,7 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).

SB488, s. 29 Section 29. 70.395 (1e) of the statutes is amended to read:

SB488,30,16 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.

SB488, s. 30 Section 30. 70.395 (2) (dc) 1. of the statutes is amended to read:

SB488,30,21 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.

SB488, s. 31 Section 31. 70.395 (2) (dc) 4. of the statutes is amended to read:

SB488,31,2 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.

SB488, s. 32 Section 32. 70.395 (2) (fm) of the statutes is amended to read:

SB488,31,11 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.

SB488, s. 33 Section 33. 70.395 (2) (h) 1. of the statutes is amended to read:

SB488,31,16 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;

SB488, s. 34 Section 34. 87.30 (2) of the statutes is renumbered 87.30 (2) (a) and amended to read:

SB488,32,2 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.

SB488, s. 35 Section 35. 87.30 (2) (b) of the statutes is created to read:

SB488,32,6 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.

SB488, s. 36 Section 36. 107.001 (1) of the statutes is amended to read:

SB488,32,14 107.001 (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.

SB488, s. 37 Section 37. 107.001 (2) of the statutes is repealed.

SB488, s. 38 Section 38. 107.01 (intro.) of the statutes is amended to read:

SB488,32,20 107.01 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:

SB488, s. 39 Section 39. 107.01 (2) of the statutes is amended to read:

SB488,33,5 107.01 (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.

SB488, s. 40 Section 40. 107.02 of the statutes is amended to read:

SB488,34,2 107.02 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.

SB488, s. 41 Section 41. 107.03 of the statutes is amended to read:

SB488,34,13 107.03 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.

SB488, s. 42 Section 42. 107.04 of the statutes is amended to read:

SB488,35,2 107.04 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.

SB488, s. 43 Section 43. 107.11 of the statutes is amended to read:

SB488,35,15 107.11 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.