LRB-0476/1

ZDW&JK:ahe

2019 - 2020 LEGISLATURE

2019 Assembly BILL 756

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 An Act to repeal 20.370 (4) (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 (4) (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. and 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 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.