AB436: Bill Text

This bill changes the laws relating to the regulation of iron mining so that the laws are substantially the same as they existed before enactment of 2013 Wisconsin Act 1. Under this bill, the laws under which DNR currently regulates metallic mining, other than iron mining, apply to mining for iron and to mining for nonferrous minerals.

Under current law, certain forested land may be designated as managed forest land (MFL) under a program administered by the Department of Natural Resources (DNR). Under this program, the owner of land designated as MFL makes an annual acreage share payment that is lower than, and in lieu of, the property taxes that normally would be payable. In exchange, the landowner must comply with certain forestry practices and have a management plan prepared for the land. The owner must also open the MFL to the public for hunting, fishing, hiking, sight-seeing, and cross-country skiing, but may designate up to a certain number of acres as being closed to public access. For MFL that is designated as closed, the owner must make an additional payment per acre. If the MFL meets the eligibility requirements under the program, which include minimum acreage requirements and requirements as to how much merchantable timber can be produced on the land, DNR approves the application and issues an order designating the land as MFL.

2013 Wisconsin Act 81 made changes to the MFL program as it relates to ferrous mining activities. 2013 Wisconsin Act 81 generally provided that the requirements with regard to public access to MFL do not apply to an area of land within a certain distance of a proposed iron mining site. 2013 Wisconsin Act 81 also required an MFL owner to make an additional payment per acre for land located in a proposed ferrous mining site if the land is not open to all of the outdoor activities for which public access is generally required. This bill changes the laws with respect to ferrous mining sites located on MFL so that the laws are substantially the same as they existed before enactment of 2013 Wisconsin Act 81.

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:

AB436,1 Section 1. 20.370 (2) (gh) of the statutes is amended to read:

AB436,3,6 20.370 (2) (gh) Nonferrous metallic mining 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.

AB436,2 Section 2. 20.370 (2) (gi) of the statutes is repealed.

AB436,3 Section 3. 20.455 (1) (gh) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB436,3,14 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, and for expenses related to s. 165.055 (3).

AB436,4 Section 4. 20.566 (7) (e) of the statutes is amended to read:

AB436,4,3 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).

AB436,5 Section 5. 20.566 (7) (v) of the statutes is amended to read:

AB436,4,8 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).

AB436,6 Section 6. 23.321 (2g) of the statutes is repealed.

AB436,7 Section 7. 29.604 (4) (intro.) of the statutes is amended to read:

AB436,4,12 29.604 (4) Prohibition. (intro.) Except as provided in subs. sub (6r) and (7m) or as permitted by departmental rule or permit:

AB436,8 Section 8. 29.604 (4) (c) (intro.) of the statutes is amended to read:

AB436,4,18 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:

AB436,9 Section 9. 29.604 (7m) of the statutes is repealed.

AB436,10 Section 10. 30.025 (1e) (a) of the statutes is amended to read:

AB436,4,23 30.025 (1e) (a) Except as provided in pars. par. (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.

AB436,11 Section 11. 30.025 (1e) (c) of the statutes is repealed.

AB436,12 Section 12. 30.133 (2) of the statutes is amended to read:

AB436,5,6 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.

AB436,13 Section 13. 31.23 (3) (e) of the statutes is repealed.

AB436,14 Section 14. 32.02 (12) of the statutes is amended to read:

AB436,5,12 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 with a permit under ch. 293 or subch. III of ch. 295.

AB436,15 Section 15. 70.375 (1) (as) of the statutes is amended to read:

AB436,5,16 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.

AB436,16 Section 16. 70.375 (1) (bm) of the statutes is amended to read:

AB436,5,25 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).

AB436,17 Section 17. 70.375 (4) (h) of the statutes is amended to read:

AB436,6,3 70.375 (4) (h) The cost of premiums for bonds required under s. 293.51, 295.45 (5), or 295.59.

AB436,18 Section 18. 70.38 (2) of the statutes is amended to read:

AB436,6,8 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).

AB436,19 Section 19. 70.395 (1e) of the statutes is amended to read:

AB436,6,17 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, after the payments are made under sub. (2) (d) 1., 2., and 2m., 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 general fund.

AB436,20 Section 20. 70.395 (2) (dc) 1. of the statutes is amended to read:

AB436,6,22 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 $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.

AB436,21 Section 21. 70.395 (2) (dc) 4. of the statutes is amended to read:

AB436,7,3 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.

AB436,22 Section 22. 70.395 (2) (fm) of the statutes is amended to read:

AB436,7,12 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.

AB436,23 Section 23. 70.395 (2) (g) (intro.) of the statutes is amended to read:

AB436,7,17 70.395 (2) (g) (intro.) The board may distribute the revenues received under sub. (1e) or proceeds thereof in accordance with par. (h) for the following purposes, with a preference to private sector economic development projects under subd. 3., as the board determines necessary:

AB436,24 Section 24. 70.395 (2) (g) 3. of the statutes is amended to read:

AB436,7,20 70.395 (2) (g) 3. Studies and projects for local private sector economic development.

AB436,25 Section 25. 70.395 (2) (h) 1. of the statutes is amended to read:

AB436,7,25 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;

AB436,26 Section 26. 70.395 (2) (hg) of the statutes is amended to read:

AB436,8,4 70.395 (2) (hg) The board shall, by rule, establish fiscal guidelines and accounting procedures for the use of payments under pars. (d), (f), (fm) and (g), sub. (3) and ss. s. 293.65 (5) and 295.61 (9).

AB436,27 Section 27. 70.395 (2) (hr) of the statutes is amended to read:

AB436,8,9 70.395 (2) (hr) The board shall, by rule, establish procedures to recoup payments made, and to withhold payments to be made, under pars. (d), (f), (fm) and (g), sub. (3) and ss. s. 293.65 (5) and 295.61 (9) for noncompliance with this section or rules adopted under this section.

AB436,28 Section 28. 70.395 (2) (hw) of the statutes is amended to read:

AB436,8,19 70.395 (2) (hw) A recipient of a discretionary payment under par. (f) or (g), sub. (3) or ss. s. 293.65 (5) and 295.61 (9) or any payment under par. (d) that is restricted to mining-related purposes who uses the payment for attorney fees may do so only for the purposes under par. (g) 6. and for processing mining-related permits or other approvals required by the municipality. The board shall recoup or withhold payments that are used or proposed to be used by the recipient for attorney fees except as authorized under this paragraph. The board may not limit the hourly rate of attorney fees for which the recipient uses the payment to a level below the hourly rate that is commonly charged for similar services.

AB436,29 Section 29. 74.25 (1) (a) 6. of the statutes is amended to read:

AB436,8,24 74.25 (1) (a) 6. Pay to the county treasurer 20% of collections of occupational taxes on coal docks, 20% of collections of the taxes imposed under ss. 77.04 and 77.84 (2) (a) and (am), and all collections of payments for closed lands under s. 77.84 (2) (b), and (bm), and (bp).

AB436,30 Section 30. 74.30 (1) (f) of the statutes is amended to read:

AB436,9,4 74.30 (1) (f) Pay to the county treasurer 20% of collections of occupational taxes on coal docks, 20% of collections of the taxes imposed under ss. 77.04 and 77.84 (2) (a) and (am), and all collections of payments for closed lands under s. 77.84 (2) (b), and (bm), and (bp).

AB436,31 Section 31. 77.105 of the statutes is repealed.

AB436,32 Section 32. 77.81 (1m) of the statutes is repealed.

AB436,33 Section 33. 77.81 (5m) of the statutes is repealed.

AB436,34 Section 34. 77.83 (2) (a) of the statutes is amended to read:

AB436,9,11 77.83 (2) (a) Except as provided in sub. (1) and pars. (b) and (c) and subs. (1) and (2m), each owner of managed forest land shall permit public access to the land for the purposes of hunting, fishing, hiking, sight-seeing, and cross-country skiing.

AB436,35 Section 35. 77.83 (2m) of the statutes is repealed.

AB436,36 Section 36. 77.84 (2) (b) of the statutes is amended to read:

AB436,9,19 77.84 (2) (b) For managed forest land orders that take effect before April 28, 2004, in addition to the payment under par. (a), each owner shall pay $1 for each acre that is designated as closed under s. 77.83 and for each acre that is located in a proposed ferrous mining site and that is not open to all of the outdoor activities specified in s. 77.83 (2) (a) for any part of the previous calendar year. The payment shall be made to each municipal treasurer on or before January 31.

AB436,37 Section 37. 77.84 (2) (bm) of the statutes is amended to read:

AB436,9,25 77.84 (2) (bm) For managed forest land orders that take effect on or after April 28, 2004, in addition to the payment under par. (am), each owner of managed forest land shall pay to each municipal treasurer, on or before January 31, an amount that is equal to 20 percent of the average statewide property tax per acre of property classified under s. 70.32 (2) (a) 6., as determined under par. (cm), for each acre that is designated as closed under s. 77.83 and for each acre that is located in a proposed ferrous mining site and that is not open to all of the outdoor activities specified in s. 77.83 (2) (a) for any part of the previous calendar year.

AB436,38 Section 38. 77.84 (2) (bp) of the statutes is repealed.

AB436,39 Section 39. 77.88 (3) of the statutes is amended to read:

AB436,10,13 77.88 (3) Voluntary withdrawal. An owner may request that the department withdraw all or any part of the owner's land meeting one of the requirements specified under sub. (2) (a) 1. to 3. If any remaining land meets the eligibility requirements under s. 77.82 (1), the department shall issue an order withdrawing the land subject to the request and shall assess against the owner the withdrawal tax under sub. (5) and the withdrawal fee under sub. (5m). If the land being withdrawn is within a proposed ferrous mining site, the department shall issue the order within 30 days after receiving the request.

AB436,40 Section 40. 77.88 (5) (a) 1. of the statutes is amended to read:

AB436,10,17 77.88 (5) (a) 1. An amount equal to the past tax liability multiplied by the number of years the land was designated as managed forest land, less any amounts paid by the owner under ss. 77.84 (2) (a), and (am), and (bp) and 77.87.

AB436,41 Section 41. 77.88 (5) (a) 2. of the statutes is amended to read:

AB436,10,21 77.88 (5) (a) 2. Five percent of the stumpage value of the merchantable timber on the land, less any amounts paid by the owner under ss. 77.84 (2) (a), and (am), and (bp) and 77.87.

AB436,42 Section 42. 77.88 (5) (ar) 1. of the statutes is amended to read:

AB436,11,5 77.88 (5) (ar) 1. For the portion of the land that is designated as managed forest land under the original order, an amount equal to the product of the total net property tax rate in the municipality in the year prior to the year in which the expanded order is approved and the assessed value of the land for the same year, as computed by the department of revenue, multiplied by the number of years under the original order, less any amounts paid by the owner under ss. 77.84 (2) (a) and (bp) and 77.87 during the time the land was designated as managed forest land under the original order.

AB436,43 Section 43. 77.88 (5) (ar) 2. of the statutes is amended to read:

AB436,11,13 77.88 (5) (ar) 2. An amount equal to the product of the total net property tax rate in the municipality in the year prior to this withdrawal and the assessed value of the land for the same year, as computed by the department of revenue, multiplied by the number of years the land was designated as land under the expanded order, less any amounts paid by the owner under ss. 77.84 (2) (am) and (bp) and 77.87 during the time the land is designated as managed forest land under the expanded order.

AB436,44 Section 44. 77.88 (5) (b) 1. of the statutes is amended to read:

AB436,11,17 77.88 (5) (b) 1. An amount equal to the past tax liability multiplied by the number of years since the renewal, less any amounts paid by the owner under ss. 77.84 (2) (a), and (am), and (bp) and 77.87.

AB436,45 Section 45. 77.88 (5) (b) 2. of the statutes is amended to read:

AB436,11,21 77.88 (5) (b) 2. Five percent of the stumpage value of the merchantable timber on the land, less any amounts paid by the owner under ss. 77.84 (2) (a), and (am), and (bp) and 77.87.

AB436,46 Section 46. 77.88 (9) (d) 1. of the statutes is renumbered 77.88 (9) (d) and amended to read:

AB436,12,2 77.88 (9) (d) Except as provided in subd. 2., a A withdrawal order issued before December 15 of any year takes effect on the January 1 after the date of issuance, and a withdrawal order issued on or after December 15 of any year takes effect on the 2nd January 1 after the date of issuance.