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repealed DNR administrative rules relating to mining and wetlands.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AB756,2 7Section 2. 20.370 (4) (gi) of the statutes is repealed.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AB756,6 10Section 6. 23.321 (2g) of the statutes is repealed.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.