SB1: Bill Text

Procedures for utility facility approvals

Under current law, with certain exceptions, a person may not begin the construction of certain utility facilities before the Public Service Commission (PSC) has issued to the person either a certificate of public convenience and necessity (CPCN) or a certificate authorizing the person to transact public utility business (PSC certificate). Current law also provides that a utility facility that is required to obtain a PSC certificate and that is required to obtain one or more permits from the Department of Natural Resources (DNR), such as a permit allowing the placement of a structure in navigable waters, must use a procedure that requires the utility facility to submit only one application to DNR for all of the required DNR permits (combined permit procedure) rather than submitting separate applications to DNR for each permit. Current law also specifies that the applicant under the combined permit procedure must submit the combined application for permits to DNR at the same time that the applicant files an application for a PSC certificate.

This bill makes the combined permit procedure optional for an applicant proposing to construct a utility facility for iron mining activities and allows the applicant to submit separate applications to DNR for each required permit. Under the bill, if the utility facility does not use the combined permit procedure, it is not required to file a DNR permit application at the same time that it files an application for a PSC certificate.

Current law requires a person proposing to construct a large electric generating facility or high-voltage transmission line (facility) to provide DNR with an engineering plan or project plan for the facility at least 60 days before filing an application with PSC for a CPCN. Within 30 days thereafter, DNR must provide the person with a listing of each DNR approval that appears to be required for the construction or operation of the facility. Current law requires the person to file the application for these approvals within 20 days after receiving the listing from DNR. This bill eliminates this 20-day deadline for a person proposing to construct a facility for iron mining activities and also specifies that the person must only apply for those approvals identified in the listing that are applicable.

Shoreland and floodplain zoning

Current law prohibits locating a solid waste facility in an area that is covered by a shoreland or floodplain zoning ordinance unless the facility is authorized under a permit issued by DNR. This bill requires DNR to specify in the permit the authorized location, height, and size of the facility that may be located in the area. This bill also specifies that DNR may not prohibit a waste site, structure, building, fill, or other development or construction activity (activity) to be located in an area that would otherwise be prohibited under a shoreland zoning ordinance if the activity is authorized by DNR as part of a mining operation covered by an iron mining permit.

Current law provides that a structure, building, fill, or development (structure) that is placed or maintained in a floodplain in violation of a floodplain zoning ordinance is a public nuisance and provides that any person placing or maintaining the structure may be subject to a fine. The bill specifies that these provisions do not apply to a structure placed or maintained as part of a mining operation covered by an iron mining permit issued by DNR, except to the extent necessary for the municipality to which the ordinance applies to maintain eligibility for participation in the National Flood Insurance Program.

Local impact committees

Current law authorizes a local or tribal government likely to be substantially affected by proposed metallic mining to establish a local impact committee for purposes that include facilitating communications with the mining company, reviewing and commenting on reclamation plans, and negotiating an agreement between the local or tribal government and the mining company. The law requires the mining company to appoint a person to be the liaison with the local impact committee and requires the mining company to make reasonable efforts to design and carry out mining operations in harmony with community development objectives. Under some circumstances, a local impact committee may receive funding from the investment and local impact fund board.

This bill provides for local impact committees for proposed iron mines in a manner similar to the manner in which those committees are established under current law.

Rights and conditions relating to mining contracts and leases

Current law establishes certain rights and imposes certain conditions with respect to contracts or leases that authorize a person to dig for ores and minerals, including the conditions under which a miner may retain ore and minerals discovered on the land, a miner's obligation to keep and to provide certain records concerning mine operations, and the consequences to a miner who conceals or disposes of any ores or minerals for the purpose of defrauding a lessor. Current law also establishes a maximum term for exploration mining leases with regard to minerals that contain metals.

This bill limits these current law provisions to mining activities relating to nonferrous metallic mining.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

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

SB1,1 Section 1. 20.370 (2) (gh) of the statutes is amended to read:

SB1,27,6 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.

SB1,2 Section 2. 20.370 (2) (gi) of the statutes is created to read:

SB1,27,10 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.

SB1,3 Section 3. 20.455 (1) (gh) of the statutes is amended to read:

SB1,28,2 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.

SB1,4 Section 4. 20.566 (7) (e) of the statutes is amended to read:

SB1,28,6 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), 295.443, and 295.61 (9) (a) and (c).

SB1,5 Section 5. 20.566 (7) (v) of the statutes is amended to read:

SB1,28,11 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) , 295.443, and 295.61 (9) (a) and (c).

SB1,6 Section 6. 23.321 (2g) of the statutes is created to read:

SB1,28,18 23.321 (2g) Services for mining operations. In addition to those persons authorized to request a wetland identification or confirmation under sub. (2) (b) or (c), a holder of an easement may request such an identification or confirmation if the identification or confirmation is associated with an application for a wetland individual permit or other approval for which a wetland impact evaluation is required and that is subject to s. 295.60.

SB1,7 Section 7. 25.46 (7) of the statutes is amended to read:

SB1,28,22 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.

SB1,8 Section 8. 25.49 (2m) of the statutes is created to read:

SB1,28,24 25.49 (2m) The moneys transferred under s. 70.395 (1e).

SB1,9 Section 9. 29.604 (4) (intro.) of the statutes is amended to read:

SB1,29,2 29.604 (4) Prohibition. (intro.) Except as provided in sub. (6r) and (7m) or as permitted by departmental rule or permit:

SB1,10 Section 10. 29.604 (4) (c) (intro.) of the statutes is amended to read:

SB1,29,8 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:

SB1,11 Section 11. 29.604 (7m) of the statutes is created to read:

SB1,29,16 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.

SB1,12 Section 12. 30.025 (1e) (a) of the statutes is amended to read:

SB1,29,20 30.025 (1e) (a) Except as provided in par. pars. (b) and (c), this section applies to a proposal to construct a utility facility if the utility facility is required to obtain, or give notification of the wish to proceed under, one or more permits.

SB1,13 Section 13. 30.025 (1e) (c) of the statutes is created to read:

SB1,29,25 30.025 (1e) (c) This section does not apply to a proposal to construct a utility facility for ferrous mineral mining and processing activities governed by subch. III of ch. 295, unless the person proposing to construct the utility facility elects to proceed in the manner provided under this section.

SB1,14 Section 14. 30.025 (1m) (intro.) of the statutes is amended to read:

SB1,30,9 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:

SB1,15 Section 15. 30.025 (1m) (c) of the statutes is amended to read:

SB1,30,14 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.

SB1,16 Section 16. 30.025 (1s) (a) of the statutes is amended to read:

SB1,30,25 30.025 (1s) (a) Any person proposing to construct a utility facility to which this section applies shall, 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.

SB1,17 Section 17. 30.025 (2) of the statutes is amended to read:

SB1,31,21 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 and as a notice on the department's Internet Web site. The department may give such further notice as it deems proper, and shall give notice to interested persons requesting same. The department's notice to interested persons may be given through an electronic notification system established by the department. Notice of a hearing under this subsection published as a class 1 notice, as a notice on the department's Internet Web site, and through the electronic notification system established by the department shall include the time, date, and location of the hearing, the name and address of the applicant, a summary of the subject matter of the combined application for permits, and information indicating where a copy of the combined application for permits may be viewed on the department's Internet Web site. The summary shall contain a brief, precise, easily understandable, plain language description of the subject matter of the application. 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.

SB1,18 Section 18. 30.025 (2g) (b) (intro.) of the statutes is amended to read:

SB1,32,4 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:

SB1,19 Section 19. 30.025 (4) of the statutes is amended to read:

SB1,32,11 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).

SB1,20 Section 20. 30.025 (4m) of the statutes is created to read:

SB1,32,20 30.025 (4m) Procedure for a single permit application. A person proposing to construct a utility facility that is related to mining, as defined in s. 295.41 (26), and 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.

SB1,21 Section 21. 30.12 (3m) (c) (intro.) of the statutes is amended to read:

SB1,32,24 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:

SB1,22 Section 22. 30.123 (8) (c) of the statutes is renumbered 30.123 (8) (c) (intro.) and amended to read:

SB1,33,5 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:

SB1,33,6 1. The bridge or culvert will not materially obstruct navigation,.

SB1,33,8 2. The bridge or culvert will not materially reduce the effective flood flow capacity of a stream, and.

SB1,33,9 3. The bridge or culvert will not be detrimental to the public interest.

SB1,23 Section 23. 30.133 (2) of the statutes is amended to read:

SB1,33,16 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.

SB1,24 Section 24. 30.19 (4) (c) (intro.) of the statutes is amended to read:

SB1,33,20 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:

SB1,25 Section 25. 30.195 (2) (c) (intro.) of the statutes is amended to read:

SB1,33,24 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:

SB1,26 Section 26. 31.23 (3) (e) of the statutes is created to read:

SB1,34,3 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.

SB1,27 Section 27. 32.02 (12) of the statutes is amended to read:

SB1,34,8 32.02 (12) Any person operating a plant which creates waste material which, if released without treatment would cause stream pollution, for the location of treatment facilities. This subsection does not apply to a person licensed with a permit under ch. 293 or subch. III of ch. 295.

SB1,28 Section 28. 70.375 (1) (as) of the statutes is amended to read:

SB1,34,12 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.

SB1,29 Section 29. 70.375 (1) (bm) of the statutes is amended to read:

SB1,34,21 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).

SB1,30 Section 30. 70.375 (4) (h) of the statutes is amended to read:

SB1,34,24 70.375 (4) (h) The cost of premiums for bonds required under s. 293.51, 295.45 (5), or 295.59.

SB1,31 Section 31. 70.38 (2) of the statutes is amended to read:

SB1,35,4 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).

SB1,32 Section 32. 70.395 (1e) of the statutes is amended to read:

SB1,35,13 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 40 percent of the amount collected from any such person to the economic development fund.

SB1,33 Section 33. 70.395 (2) (dc) 1. of the statutes is amended to read:

SB1,35,19 70.395 (2) (dc) 1. Each person intending to submit an application for a mining permit under s. 293.37 or 295.47 shall pay $50,000 $75,000 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.

SB1,34 Section 34. 70.395 (2) (dc) 2. of the statutes is amended to read:

SB1,35,23 70.395 (2) (dc) 2. A person making a payment under subd. 1. shall pay an additional $50,000 $75,000 upon notification by the board that the board has distributed 50% of the payment under subd. 1.