AB1137: Bill Text

2021 - 2022 LEGISLATURE

2021 Assembly BILL 1137

March 10, 2022 - Introduced by Representative Hebl. Referred to Committee on Rules.

AB1137,2,16 An Act to repeal 20.370 (9) (gi), 23.321 (2g), 29.604 (7m), 30.025 (1e) (c), 31.23 (3) (e), 77.105, 77.81 (1m), 77.81 (5m), 77.83 (2m), 77.84 (2) (bp), 77.88 (3) (d), 77.88 (9) (d) 2., 77.883, 87.30 (2) (b), 196.491 (3) (a) 3. c., 227.483 (3) (c), 293.01 (2m), 293.01 (12m), 293.15 (7m), 293.26, 293.31 (4m), 293.32 (4), 293.37 (5), 293.40, 293.43 (2m), 293.43 (3m), 293.43 (4m), 293.49 (1) (a) 2m., 293.495, 293.51 (1g), 293.51 (1m), 293.51 (1r), 293.51 (5), 293.66, subchapter III of chapter 295 [precedes 295.40] and 323.60 (1) (gm); to renumber and amend 77.88 (9) (d) 1. and 87.30 (2) (a); to amend 20.370 (9) (gh), 20.455 (1) (gh), 20.566 (7) (e), 20.566 (7) (v), 29.604 (4) (intro.), 29.604 (4) (c) (intro.), 30.025 (1e) (a), 30.133 (2), 32.02 (12), 70.375 (1) (as), 70.375 (1) (bm), 70.375 (2) (b), 70.375 (4) (h), 70.38 (2), 70.395 (1e), 70.395 (2) (dc) 1., 70.395 (2) (dc) 4., 70.395 (2) (fm), 70.395 (2) (g) (intro.), 70.395 (2) (g) 3., 70.395 (2) (h) 1., 70.395 (2) (hg), 70.395 (2) (hr), 70.395 (2) (hw), 74.25 (1) (a) 6., 74.30 (1) (f), 77.83 (2) (a), 77.84 (2) (b), 77.84 (2) (bm), 77.88 (5) (af) 1., 77.88 (5) (af) 2., 77.89 (2) (a), 107.001 (1), 107.01 (intro.), 107.01 (2), 107.02, 107.03, 107.04, 107.11, 107.12, 107.20 (1), 107.20 (2), 107.30 (8), 107.30 (15), 107.30 (16), 160.19 (12), 196.491 (3) (a) 3. b., 196.491 (4) (b) 2., 281.35 (5) (e), 281.36 (3g) (h) 2., 281.65 (2) (a), 281.75 (17) (b), 283.84 (3m), 287.13 (5) (e), 289.62 (2) (g) 2., 289.62 (2) (g) 6., 292.01 (1m), chapter 293 (title), 293.01 (5), 293.01 (7), 293.01 (9), 293.01 (12), 293.01 (18), 293.01 (25), 293.13 (2) (b) (intro.), 293.13 (2) (b) 4., 293.13 (2) (b) 7., 293.13 (2) (c) (intro.), 293.13 (2) (c) 7., 293.15 (8), 293.21 (1) (a), 293.25 (2) (a), 293.25 (4), 293.31 (title), 293.31 (1), 293.31 (2), 293.31 (3), 293.31 (4), 293.37 (4) (b), 293.43 (1), 293.43 (1m) (b), 293.47 (1) (b), 293.49 (1) (a) (intro.), 293.51 (title), 293.51 (1), 293.51 (3), 293.55 (1) (c), 293.55 (1) (d), 293.65 (3) (a), 293.65 (3) (b), 293.81, 293.86, chapter 295 (title), 295.16 (4) (f), 299.85 (7) (a) 2., 299.85 (7) (a) 4., 299.95, 323.60 (5) (d) 3., 706.01 (9) and 710.02 (2) (d); to repeal and recreate 293.95; to create 107.001 (2), 227.42 (4), 293.01 (8), 293.43 (2), 293.43 (3), 293.43 (4), 293.43 (5) and 293.50 of the statutes; and to affect 2013 Wisconsin Act 1, section 103; relating to: the regulation of metallic mining and related activities and making an appropriation.

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 the laws apply 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. The 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:

AB1137,1 Section 1. 20.370 (9) (gh) of the statutes is amended to read:

AB1137,3,6 20.370 (9) (gh) Nonferrous metallic mining Mining regulation and administration. The amounts in the schedule for the administration, regulation, and enforcement of nonferrous metallic mining exploration, bulk sampling, prospecting, mining and mine reclamation activities under ch. 293. All moneys received under ch. 293 shall be credited to this appropriation.

AB1137,2 Section 2. 20.370 (9) (gi) of the statutes is repealed.

AB1137,3 Section 3. 20.455 (1) (gh) of the statutes is amended to read:

AB1137,3,12 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.

AB1137,4 Section 4. 20.566 (7) (e) of the statutes is amended to read:

AB1137,4,3 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).

AB1137,5 Section 5. 20.566 (7) (v) of the statutes is amended to read:

AB1137,4,8 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 (4) (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).

AB1137,6 Section 6. 23.321 (2g) of the statutes is repealed.

AB1137,7 Section 7. 29.604 (4) (intro.) of the statutes is amended to read:

AB1137,4,12 29.604 (4) Prohibition. (intro.) Except as provided in subs. sub. (6r) and (7m) or as permitted by departmental rule or permit:

AB1137,8 Section 8. 29.604 (4) (c) (intro.) of the statutes is amended to read:

AB1137,4,18 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:

AB1137,9 Section 9. 29.604 (7m) of the statutes is repealed.

AB1137,10 Section 10. 30.025 (1e) (a) of the statutes is amended to read:

AB1137,4,23 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.

AB1137,11 Section 11. 30.025 (1e) (c) of the statutes is repealed.

AB1137,12 Section 12. 30.133 (2) of the statutes is amended to read:

AB1137,5,6 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.

AB1137,13 Section 13. 31.23 (3) (e) of the statutes is repealed.

AB1137,14 Section 14. 32.02 (12) of the statutes is amended to read:

AB1137,5,12 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.

AB1137,15 Section 15. 70.375 (1) (as) of the statutes is amended to read:

AB1137,5,16 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.

AB1137,16 Section 16. 70.375 (1) (bm) of the statutes is amended to read:

AB1137,5,25 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).

AB1137,17 Section 17. 70.375 (2) (b) of the statutes is amended to read:

AB1137,6,6 70.375 (2) (b) The secretary may promulgate any rules necessary to implement the tax under ss. 70.37 to 70.39 and 70.395 (1e). In respect to mines not in operation on November 28, 1981, ss. 71.10 (1), 71.30 (1) and (2), 71.74 (2), (3), (9), (11) and (15), 71.77, 71.78, 71.80 (6), 71.83 (1) (a) 1. and 2. and (b) 2. and (2) (a) 3. and (b) 1. and 71.85 (2) apply to the administration of this section.

AB1137,18 Section 18. 70.375 (4) (h) of the statutes is amended to read:

AB1137,6,9 70.375 (4) (h) The cost of premiums for bonds required under s. 293.26 (9), 293.51, 295.45 (5), or 295.59.

AB1137,19 Section 19. 70.38 (2) of the statutes is amended to read:

AB1137,6,14 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).

AB1137,20 Section 20. 70.395 (1e) of the statutes is amended to read:

AB1137,6,23 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.

AB1137,21 Section 21. 70.395 (2) (dc) 1. of the statutes is amended to read:

AB1137,7,4 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.

AB1137,22 Section 22. 70.395 (2) (dc) 4. of the statutes is amended to read:

AB1137,7,10 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.

AB1137,23 Section 23. 70.395 (2) (fm) of the statutes is amended to read:

AB1137,7,19 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.

AB1137,24 Section 24. 70.395 (2) (g) (intro.) of the statutes is amended to read:

AB1137,7,24 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:

AB1137,25 Section 25. 70.395 (2) (g) 3. of the statutes is amended to read:

AB1137,8,2 70.395 (2) (g) 3. Studies and projects for local private sector economic development.

AB1137,26 Section 26. 70.395 (2) (h) 1. of the statutes is amended to read:

AB1137,8,7 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;

AB1137,27 Section 27. 70.395 (2) (hg) of the statutes is amended to read:

AB1137,8,11 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).

AB1137,28 Section 28. 70.395 (2) (hr) of the statutes is amended to read:

AB1137,8,16 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.

AB1137,29 Section 29. 70.395 (2) (hw) of the statutes is amended to read:

AB1137,9,2 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.

AB1137,30 Section 30 . 74.25 (1) (a) 6. of the statutes is amended to read:

AB1137,9,7 74.25 (1) (a) 6. Pay to the county treasurer 20 percent of collections of occupational taxes on coal docks, 20 percent of collections of the taxes imposed under ss. 77.04 and 77.84 (2) (a), and (am), and (bp), and 20 percent of collections of payments for closed lands under s. 77.84 (2) (b) and (bm).

AB1137,31 Section 31 . 74.30 (1) (f) of the statutes is amended to read:

AB1137,9,12 74.30 (1) (f) Pay to the county treasurer 20 percent of collections of occupational taxes on coal docks, 20 percent of collections of the taxes imposed under ss. 77.04 and 77.84 (2) (a), and (am), and (bp), and 20 percent of collections of payments for closed lands under s. 77.84 (2) (b) and (bm).

AB1137,32 Section 32. 77.105 of the statutes is repealed.

AB1137,33 Section 33 . 77.81 (1m) of the statutes is repealed.

AB1137,34 Section 34 . 77.81 (5m) of the statutes is repealed.

AB1137,35 Section 35 . 77.83 (2) (a) of the statutes is amended to read:

AB1137,9,19 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.

AB1137,36 Section 36 . 77.83 (2m) of the statutes is repealed.

AB1137,37 Section 37 . 77.84 (2) (b) of the statutes is amended to read:

AB1137,9,25 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.

AB1137,38 Section 38 . 77.84 (2) (bm) of the statutes is amended to read:

AB1137,10,11 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.

AB1137,39 Section 39 . 77.84 (2) (bp) of the statutes is repealed.

AB1137,40 Section 40 . 77.88 (3) (d) of the statutes is repealed.

AB1137,41 Section 41 . 77.88 (5) (af) 1. of the statutes is amended to read: