LRB-0476/1
ZDW&JK:ahe
2019 - 2020 LEGISLATURE
January 21, 2020 - Introduced by Representatives Hebl, Anderson, Neubauer,
Shankland, Billings, Bowen, Brostoff, Considine, Fields, Gruszynski,
Ohnstad, Pope, Sargent, Sinicki, Spreitzer, Subeck, C. Taylor and
Zamarripa, cosponsored by Senators Miller,
Carpenter, Erpenbach, Larson
and Risser. Referred to Committee on Rural Development.
AB756,2,16
1An Act to repeal 20.370 (4) (gi), 23.321 (2g), 29.604 (7m), 30.025 (1e) (c), 31.23
2(3) (e), 77.105, 77.81 (1m), 77.81 (5m), 77.83 (2m), 77.84 (2) (bp), 77.88 (3) (d),
377.88 (9) (d) 2., 77.883, 87.30 (2) (b), 196.491 (3) (a) 3. c., 227.483 (3) (c), 293.01
4(2m), 293.01 (12m), 293.15 (7m), 293.26, 293.31 (4m), 293.32 (4), 293.37 (5),
5293.40, 293.43 (2m), 293.43 (3m), 293.43 (4m), 293.49 (1) (a) 2m., 293.495,
6293.51 (1g), 293.51 (1m), 293.51 (1r), 293.51 (5), 293.66, subchapter III of
7chapter 295 [precedes 295.40] and 323.60 (1) (gm);
to renumber and amend
877.88 (9) (d) 1. and 87.30 (2) (a);
to amend 20.370 (4) (gh), 20.455 (1) (gh), 20.566
9(7) (e), 20.566 (7) (v), 29.604 (4) (intro.), 29.604 (4) (c) (intro.), 30.025 (1e) (a),
1030.133 (2), 32.02 (12), 70.375 (1) (as), 70.375 (1) (bm), 70.375 (2) (b), 70.375 (4)
11(h), 70.38 (2), 70.395 (1e), 70.395 (2) (dc) 1., 70.395 (2) (dc) 4., 70.395 (2) (fm),
1270.395 (2) (g) (intro.), 70.395 (2) (g) 3., 70.395 (2) (h) 1., 70.395 (2) (hg), 70.395
13(2) (hr), 70.395 (2) (hw), 74.25 (1) (a) 6., 74.30 (1) (f), 77.83 (2) (a), 77.84 (2) (b),
1477.84 (2) (bm), 77.88 (5) (af) 1., 77.88 (5) (af) 2., 77.89 (2) (a), 107.001 (1), 107.01
1(intro.), 107.01 (2), 107.02, 107.03, 107.04, 107.11, 107.12, 107.20 (1), 107.20 (2),
2107.30 (8), 107.30 (15), 107.30 (16), 160.19 (12), 196.491 (3) (a) 3. b., 196.491 (4)
3(b) 2., 281.35 (5) (e), 281.36 (3g) (h) 2., 281.65 (2) (a), 281.75 (17) (b), 283.84 (3m),
4287.13 (5) (e), 289.62 (2) (g) 2., 289.62 (2) (g) 6., 292.01 (1m), chapter 293 (title),
5293.01 (5), 293.01 (7), 293.01 (9), 293.01 (12), 293.01 (18), 293.01 (25), 293.13
6(2) (b) (intro.), 293.13 (2) (b) 4., 293.13 (2) (b) 7., 293.13 (2) (c) (intro.), 293.13 (2)
7(c) 7., 293.15 (8), 293.21 (1) (a), 293.25 (2) (a), 293.25 (4), 293.31 (title), 293.31
8(1), 293.31 (2), 293.31 (3), 293.31 (4), 293.37 (4) (b), 293.43 (1), 293.43 (1m) (b),
9293.47 (1) (b), 293.49 (1) (a) (intro.), 293.51 (title), 293.51 (1), 293.51 (3), 293.55
10(1) (c), 293.55 (1) (d), 293.65 (3) (a), 293.65 (3) (b), 293.81, 293.86, chapter 295
11(title), 295.16 (4) (f), 299.85 (7) (a) 2. and 4., 299.95, 323.60 (5) (d) 3., 706.01 (9)
12and 710.02 (2) (d);
to repeal and recreate 293.95;
to create 107.001 (2),
13227.42 (4), 293.01 (8), 293.43 (2), 293.43 (3), 293.43 (4), 293.43 (5) and 293.50
14of the statutes; and
to affect 2013 Wisconsin Act 1, section
103;
relating to:
15the regulation of metallic mining and related activities and making an
16appropriation.
Analysis by the Legislative Reference Bureau
This bill changes the laws under which the Department of Natural Resources
currently regulates mining so that the laws are substantially the same as they
existed before enactment of
2013 Wisconsin Act 1,
2013 Wisconsin Act 81, and
2017
Wisconsin Act 134.
Under current law, DNR regulates mining for metallic minerals. Prior to the
enactment of
2013 Wisconsin Act 1, the laws under which DNR regulated metallic
mining applied to mining for ferrous and nonferrous minerals.
2013 Wisconsin Act
1 modified the laws regulating metallic mining so that they applied to mining for
nonferrous minerals only and created new laws for regulating mining for ferrous
minerals.
Under current law, certain forested land may be designated as managed forest
land (MFL) under a program administered by DNR. Under this program, the owner
of land designated as MFL makes an annual acreage share payment in lieu of
property taxes and must open the land to the public for certain recreational
activities. The landowner may designate a portion of the land as closed to public
access and make an additional payment per acre.
2013 Wisconsin Act 81 generally
provided that requirements regarding public access to MFL do not apply to an area
of land within a certain distance of a proposed iron mining site and 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 public access.
Prior to
2017 Wisconsin Act 134, activities relating to nonferrous metallic
minerals were regulated differently depending on whether the activity involved
exploration, prospecting, or mining.
2017 Act 134 added as a regulated activity bulk
sampling, which is the excavation of fewer than 10,000 tons of material with a license
issued by DNR.
2017 Act 134 also eliminated requirements specific to mining for sulfide ore and
repealed DNR administrative rules relating to mining and wetlands. This bill
restores those provisions.
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:
AB756,1
1Section
1. 20.370 (4) (gh) of the statutes is amended to read:
AB756,3,62
20.370
(4) (gh)
Nonferrous metallic mining Mining regulation and
3administration. The amounts in the schedule for the administration, regulation, and
4enforcement of
nonferrous metallic mining exploration,
bulk sampling, prospecting,
5mining and mine reclamation activities under ch. 293. All moneys received under ch.
6293 shall be credited to this appropriation.
AB756,2
7Section
2. 20.370 (4) (gi) of the statutes is repealed.
AB756,3
8Section 3
. 20.455 (1) (gh) of the statutes is amended to read:
AB756,3,139
20.455
(1) (gh)
Investigation and prosecution. Moneys received under ss. 23.22
10(9) (c), 49.49 (6), 100.263, 133.16, 281.98 (2), 283.91 (5), 289.96 (3) (b), 291.97 (3),
11292.99 (2), 293.87 (4) (b), 295.19 (3) (b) 2.,
295.79 (4) (b), and 299.97 (2), for the
12expenses of investigation and prosecution of violations, including attorney fees, and
13for expenses related to s. 165.055 (3).
AB756,4
1Section
4. 20.566 (7) (e) of the statutes is amended to read:
AB756,4,42
20.566
(7) (e)
Investment and local impact fund supplement. The amounts in
3the schedule to supplement par. (v) for the purposes of ss. 70.395, 293.33 (4),
and 4293.65 (5) (a)
, 295.443, and 295.61 (9) (a) and (c).
AB756,5
5Section
5. 20.566 (7) (v) of the statutes is amended to read:
AB756,4,96
20.566
(7) (v)
Investment and local impact fund. From the investment and local
7impact fund, all moneys received under s. 70.395 (1e) and (2) (dc) and (dg), less the
8moneys appropriated under s. 20.370 (4) (gr), to be disbursed under ss. 70.395 (2) (d)
9to (g), 293.33 (4),
and 293.65 (5) (a)
, 295.443, and 295.61 (9) (a) and (c).
AB756,6
10Section
6. 23.321 (2g) of the statutes is repealed.
AB756,7
11Section
7. 29.604 (4) (intro.) of the statutes is amended to read:
AB756,4,1312
29.604
(4) Prohibition. (intro.) Except as provided in
subs. sub (6r)
and (7m) 13or as permitted by departmental rule or permit:
AB756,8
14Section
8. 29.604 (4) (c) (intro.) of the statutes is amended to read:
AB756,4,1915
29.604
(4) (c) (intro.) No person may do any of the following to any wild plant
16of an endangered or threatened species that is on public property or on property that
17he or she does not own or lease, except in the course of forestry or agricultural
18practices
, or in the construction, operation, or maintenance of a utility facility
, or as
19part of bulk sampling activities under s. 295.45:
AB756,9
20Section
9. 29.604 (7m) of the statutes is repealed.
AB756,10
21Section
10. 30.025 (1e) (a) of the statutes is amended to read:
AB756,4,2422
30.025
(1e) (a) Except as provided in
pars. par. (b)
and (c), this section applies
23to a proposal to construct a utility facility if the utility facility is required to obtain,
24or give notification of the wish to proceed under, one or more permits.
AB756,11
25Section
11. 30.025 (1e) (c) of the statutes is repealed.
AB756,12
1Section
12. 30.133 (2) of the statutes is amended to read:
AB756,5,72
30.133
(2) This section does not apply to riparian land located within the
3boundary of any hydroelectric project licensed or exempted by the federal
4government, if the conveyance is authorized under any license, rule or order issued
5by the federal agency having jurisdiction over the project.
This section does not apply
6to riparian land that is associated with an approval required for bulk sampling or
7mining that is required under subch. III of ch. 295.
AB756,13
8Section
13. 31.23 (3) (e) of the statutes is repealed.
AB756,14
9Section
14. 32.02 (12) of the statutes is amended to read:
AB756,5,1310
32.02
(12) Any person operating a plant which creates waste material which,
11if released without treatment would cause stream pollution, for the location of
12treatment facilities. This subsection does not apply to a person with a permit under
13ch. 293
or subch. III of ch. 295.
AB756,15
14Section
15. 70.375 (1) (as) of the statutes is amended to read:
AB756,5,1715
70.375
(1) (as) “Mine" means an excavation in or at the earth's surface made
16to extract metalliferous minerals for which a permit has been issued under s. 293.49
17or 295.58.
AB756,16
18Section
16. 70.375 (1) (bm) of the statutes is amended to read:
AB756,6,219
70.375
(1) (bm) “Mining-related purposes" means activities which are directly
20in response to the application for a mining permit under s. 293.37
or 295.47; directly
21in response to construction, operation, curtailment of operation or cessation of
22operation of a metalliferous mine site; or directly in response to conditions at a
23metalliferous mine site which is not in operation. “Mining-related purposes" also
24includes activities which anticipate the economic and social consequences of the
1cessation of mining. “Mining-related purposes" also includes the purposes under s.
270.395 (2) (g).
AB756,17
3Section 17
. 70.375 (2) (b) of the statutes is amended to read:
AB756,6,84
70.375
(2) (b) The secretary may promulgate any rules necessary to implement
5the tax under ss. 70.37 to 70.39 and 70.395 (1e). In respect to mines not in operation
6on November 28, 1981, ss. 71.10 (1), 71.30 (1)
and (2), 71.74 (2), (3), (9), (11) and (15),
771.77, 71.78, 71.80 (6), 71.83 (1) (a) 1. and 2. and (b) 2. and (2) (a) 3. and (b) 1. and
871.85 (2) apply to the administration of this section.
AB756,18
9Section
18. 70.375 (4) (h) of the statutes is amended to read:
AB756,6,1110
70.375
(4) (h) The cost of premiums for bonds required under s.
293.26 (9), 11293.51
, 295.45 (5), or 295.59.
AB756,19
12Section
19. 70.38 (2) of the statutes is amended to read:
AB756,6,1613
70.38
(2) Combined reporting. If the same person extracts metalliferous
14minerals from different sites in this state, the net proceeds for each site for which a
15permit has been issued under s. 293.49
or 295.58 shall be reported separately for the
16purposes of computing the amount of the tax under s. 70.375 (5).
AB756,20
17Section
20. 70.395 (1e) of the statutes is amended to read:
AB756,6,2518
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, after the payments are made under sub. (2) (d) 1., 2., and 2m., the department
23of administration shall transfer 60 percent of the amount collected from each person
24extracting ferrous metallic minerals to the investment and local impact fund and 40
25percent of the amount collected from any such person to the general fund.
AB756,21
1Section
21. 70.395 (2) (dc) 1. of the statutes is amended to read:
AB756,7,52
70.395
(2) (dc) 1. Each person intending to submit an application for a mining
3permit
under s. 293.37 or 295.47 shall pay $75,000 to the department of revenue for
4deposit in the investment and local impact fund at the time that the person notifies
5the department of natural resources under s. 293.31 (1)
or 295.465 of that intent.
AB756,22
6Section
22. 70.395 (2) (dc) 4. of the statutes is amended to read:
AB756,7,117
70.395
(2) (dc) 4. Six months after the signing of a local agreement under s.
8293.41
or 295.443 for the proposed mine for which the payment is made, the board
9shall refund any funds paid under this paragraph but not distributed under par. (fm)
10from the investment and local impact fund to the person making the payment under
11this paragraph.
AB756,23
12Section
23. 70.395 (2) (fm) of the statutes is amended to read:
AB756,7,2013
70.395
(2) (fm) The board may distribute a payment received under par. (dc)
14to a county, town, village, city, tribal government or local impact committee
15authorized under s. 293.41 (3)
or 295.443 only for legal counsel, qualified technical
16experts in the areas of transportation, utilities, economic and social impacts,
17environmental impacts and municipal services and other reasonable and necessary
18expenses incurred by the recipient that directly relate to the good faith negotiation
19of a local agreement under s. 293.41
or 295.443 for the proposed mine for which the
20payment is made.
AB756,24
21Section
24. 70.395 (2) (g) (intro.) of the statutes is amended to read:
AB756,7,2522
70.395
(2) (g) (intro.) The board may distribute the revenues received under
23sub. (1e) or proceeds thereof in accordance with par. (h) for the following purposes,
24with a preference to private sector economic development projects under subd. 3., as
25the board determines necessary:
AB756,25
1Section
25. 70.395 (2) (g) 3. of the statutes is amended to read:
AB756,8,32
70.395
(2) (g) 3. Studies and projects for local
private sector economic 3development.
AB756,26
4Section
26. 70.395 (2) (h) 1. of the statutes is amended to read:
AB756,8,85
70.395
(2) (h) 1. Distribution shall first be made to those municipalities in
6which metalliferous minerals are extracted or were extracted within 3 years
7previous to December 31 of the current year, or in which a permit has been issued
8under s. 293.49
or 295.58 to commence mining;
AB756,27
9Section
27. 70.395 (2) (hg) of the statutes is amended to read:
AB756,8,1210
70.395
(2) (hg) The board shall, by rule, establish fiscal guidelines and
11accounting procedures for the use of payments under pars. (d), (f), (fm) and (g), sub.
12(3) and
ss. s. 293.65 (5)
and 295.61 (9).
AB756,28
13Section
28. 70.395 (2) (hr) of the statutes is amended to read:
AB756,8,1714
70.395
(2) (hr) The board shall, by rule, establish procedures to recoup
15payments made, and to withhold payments to be made, under pars. (d), (f), (fm) and
16(g), sub. (3) and
ss. s. 293.65 (5)
and 295.61 (9) for noncompliance with this section
17or rules adopted under this section.
AB756,29
18Section
29. 70.395 (2) (hw) of the statutes is amended to read:
AB756,9,219
70.395
(2) (hw) A recipient of a discretionary payment under par. (f) or (g), sub.
20(3) or
ss. s. 293.65 (5)
and 295.61 (9) or any payment under par. (d) that is restricted
21to mining-related purposes who uses the payment for attorney fees may do so only
22for the purposes under par. (g) 6. and for processing mining-related permits or other
23approvals required by the municipality. The board shall recoup or withhold
24payments that are used or proposed to be used by the recipient for attorney fees
25except as authorized under this paragraph. The board may not limit the hourly rate
1of attorney fees for which the recipient uses the payment to a level below the hourly
2rate that is commonly charged for similar services.
AB756,30
3Section 30
. 74.25 (1) (a) 6. of the statutes is amended to read:
AB756,9,74
74.25
(1) (a) 6. Pay to the county treasurer 20 percent of collections of
5occupational taxes on coal docks, 20 percent of collections of the taxes imposed under
6ss. 77.04 and 77.84 (2) (a)
, and (am)
, and (bp), and 20 percent of collections of
7payments for
closed lands under s. 77.84 (2) (b) and (bm).
AB756,31
8Section 31
. 74.30 (1) (f) of the statutes is amended to read:
AB756,9,129
74.30
(1) (f) Pay to the county treasurer 20 percent of collections of occupational
10taxes on coal docks, 20 percent of collections of the taxes imposed under ss. 77.04 and
1177.84 (2) (a)
, and (am)
, and (bp), and 20 percent of collections of payments for
closed 12lands under s. 77.84 (2) (b) and (bm).
AB756,32
13Section
32. 77.105 of the statutes is repealed.
AB756,33
14Section 33
. 77.81 (1m) of the statutes is repealed.
AB756,34
15Section 34
. 77.81 (5m) of the statutes is repealed.
AB756,35
16Section 35
. 77.83 (2) (a) of the statutes is amended to read:
AB756,9,1917
77.83
(2) (a) Except as provided in
sub. (1) and pars. (b) and (c)
and subs. (1)
18and (2m), each owner of managed forest land shall permit public access to the land
19for
the purposes of hunting, fishing, hiking, sight-seeing, and cross-country skiing.