Wisconsin 2017-2018 Regular Session Status: Enacted 8 R cosponsors

AB 499 — Relating to: the regulation of nonferrous metallic mining, prospecting, exploration, and bulk sampling, repealing administrative rules relating to wetlands, granting rule-making authority, and making an appropriation. (FE)

Last action — Published 12-12-2017

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced September 14, 2017. Enacted.

Prognosis

Likely to advance 82% · moderate confidence

Where this bill stands today.

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High

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  • Enacted

    Current position in the legislative process.

  • 22 sponsors

    22 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (8 R).

  • Cleared a recorded vote

    Passed 13 recorded votes so far.

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Bill Text

What changed in the latest version

1023 added · 883 removed

Plain-language change summary

The latest version of Assembly Bill 499 includes several new sections and amendments to existing statutes that regulate nonferrous metallic mining and related activities. Notably, it repeals certain administrative rules regarding wetlands and gives the authority to establish new rules in this area. These changes matter because they could affect environmental protections and the procedures for mining operations, potentially impacting local ecosystems and communities.

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CORRECTED COPY - 2018 LEGISLATURE LRB-4118/1 MCP:all ASSEMBLY BILL 499 September 14, 2017 - Introduced by Representatives UTTON , KUL, JARCHOW, RODRIGUEZ, H ORLACHER, Q UINN, M ACCO, SANFELIPPO, EDMING, K REMER, GANNON , TAUCHEN, D UCHOW, KLEEFISCH, SKOWRONSKI, W ICHGERS, KNODL, BERNIER, KOOYENGA, R.BROOKS, IMMERMAN and BRANDTJEN, cosponsored by Senators TIFFANY, FITZGERALD, DARLING, L EM AHIEU, MOULTON , FEYEN, STROEBEL, APENGA , ANGGAARD , RAIG, ASEE, NASSand VUKMIR.
- 2018 LEGISLATURE LRB-4762/1 MCP:all ENGROSSED 2017 ASSEMBLY BILL 499 November 3, 2017 - Printed by direction oENATE CHIEF CLERK.
Referred to Committee on Labor.
to amend 20.370 (2) (gh), 70.375 (4) (h), 281.35 (5) (e), 283.84 (3m), 293.01 (9), 293.01 (18), 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), 293.31 (title), 293.31 (1), 293.31 (2), 293.31 (3), 293.31 (4), 293.43 (1), 293.43 (1m) (b), 293.49 (1) (a) (intro.), 293.51 (title), 293.51 (3), 293.55 (1) (c), 293.55 (1) (d), 293.65 (3) (b) and 293.81;
to amend 20.370 (2) (gh), 70.375 (2) (b), 70.375 (4) (h), 281.35 (5) (e), 283.84 (3m), 293.01 (9), 293.01 (18), 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), 293.31 (title), 293.31 (1), 293.31 (2), 293.31 (3), 293.31 (4), 293.43 (1), 293.43 (1m) (b), 293.49 (1) (a) (intro.), 293.51 (title), 293.51 (3), 293.55 (1) (c), 293.55 (1) (d), 293.65 (3) (b) and 293.81;
and to create 293.01 (2m), 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), 293.495, 293.51 (2m), 293.51 (5) and 293.66 of the statutes;
and to create 293.01 (2m), 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) and 293.66 of the statutes;
the regulation of nonferrous metallic mining, prospecting, exploration, and bulk sampling, repealing administrative rules relating to wetlands, granting rule-making authority, and making an appropriation.
the regulation of nonferrous metallic mining, prospecting, exploration, and bulk sampling, - 2018 Legislature - 2 - LRB-4762/1 MCP:all ENGROSSED ASSEMBLY BILL 499 repealing administrative rules relating to wetlands, granting rule-making authority, and making an appropriation.
Analysis by the Legislative Reference Bureau This bill makes changes in the laws relating to the regulation and permitting of nonferrous metallic mineral prospecting and mining.
Analysis by the Legislative Reference Bureau Engrossment information:
Nonferrous metallic - 2018 Legislature - 2 - LRB-4118/1 MCP:all ASSEMBLY BILL 499 minerals are metallic minerals other than iron, such as copper or zinc.
The text of Engrossed 2017 Assembly Bill 499, as passed by the assembly on November 2, 2017, consists of the following documents adopted in the assembly on November 2, 2017:
the bill as affected by Assembly Amendments 1, 2, 3, 4, 5, 6, and 9.
The text also includes the November 6, 2017, chief clerk's corrections to Assembly Amendments 1, 5, and 6 of 2017 Assembly Bill 499.
Content of Engrossed 2017 Assembly Bill 499:
This bill makes changes in the laws relating to the regulation and permitting of nonferrous metallic mineral prospecting and mining.
Nonferrous metallic minerals are metallic minerals other than iron, such as copper or zinc.
P OINT OF APPLICATION FOR GROUNDWATER STANDARDS This bill also makes changes to the locations at which groundwater standards may apply at nonferrous metallic mining and prospecting sites.
POINT OF APPLICATION FOR GROUNDWATER STANDARDS This bill also makes changes to the locations at which groundwater standards may apply at nonferrous metallic mining and prospecting sites.
This bill requires DNR, for each mining or prospecting site, to determine the depth in the Precambrian bedrock below which the groundwater is not reasonably capable of being used for human consumption and is not hydrologically connected to other sources of groundwater that are suitable for human consumption.
This bill requires DNR, for each mining or prospecting site, to determine the depth in the Precambrian bedrock below which the groundwater is not reasonably capable of being used for human consumption and is not hydrologically connected to LRB-4762/1 - 2018 Legislature - 3 - MCP:all ENGROSSED ASSEMBLY BILL 499 other sources of groundwater that are suitable for human consumption.
This bill repeals section NR 132.06 (4) of the LRB-4118/1 - 2018 Legislature - 3 - MCP:all ASSEMBLY BILL 499 administrative code.
This bill repeals section NR 132.06 (4) of the administrative code.
B ULK SAMPLING This bill creates a separate process for engaging in bulk sampling for nonferrous metallic minerals.
BULK SAMPLING This bill creates a separate process for engaging in bulk sampling for nonferrous metallic minerals.
The bill defines “bulk sampling” as excavating in a potential mining site by removing less than 10,000 tons of material to assess the quality and quantity of nonferrous metallic mineral deposits and to collect and analyze data to prepare an application for a mining permit or other approval.
The bill defines “bulk sampling” as excavating in a potential mining site by removing less than 10,000 tons of material, including overburden and any other material removed from any portion of the excavation site, to assess the quality and quantity of nonferrous metallic mineral deposits and to collect and analyze data to prepare an application for a mining permit or other approval.
The bill allows a person who intends to engage in bulk sampling to file a bulk sampling plan with DNR.
The bill requires a person to obtain a bulk sampling license and any other permit, license, or approval required by DNR before engaging in bulk sampling.
- 2018 Legislature - 4 - LRB-4762/1 MCP:all ENGROSSED ASSEMBLY BILL 499 Under the bill, a person who intends to engage in bulk sampling must file a bulk sampling plan with DNR.
The bill also requires a person who has submitted - 2018 Legislature - 4 - LRB-4118/1 MCP:all ASSEMBLY BILL 499 a bulk sampling plan to submit all applications for approvals and all applications for waivers, exemptions, or exceptions to approvals for the bulk sampling at one time.
The bill also requires a person who has submitted a bulk sampling plan to submit all applications for approvals and all applications for waivers, exemptions, or exceptions to approvals for the bulk sampling at one time.
Under the bill, if there are any significant changes to the information provided in a bulk sampling plan submitted to DNR, the applicant must file a revised bulk sampling plan.
DNR must then provide the applicant with updated information regarding any approvals or modifications to existing approvals that DNR requires.
The bill provides that DNR is not required to prepare an environmental impact statement (EIS) for an approval required for bulk sampling.
After all of the required approvals are issued, DNR must then issue the applicant a bulk sampling license.
Finally, the bill requires DNR to act on any required construction site erosion control or storm water management approval required for bulk sampling, even if DNR has authorized a local program to issue approvals for construction site erosion control or storm water management.
The bill provides that DNR is not required to prepare an environmental impact statement (EIS) for an approval required for bulk sampling or for a bulk sampling license.
A PPLICATION, REVIEW, AND PERMITTING PROCESS Under current law, a person who proposes to prospect or mine for nonferrous metallic minerals must obtain a prospecting or mining permit and any other permit, license, certification, or other authorization (approval) that is required under the environmental and natural resources laws, for example wastewater discharge permits, high capacity well approvals, and permits for discharges into wetlands.
The bill also requires DNR to act on any required construction site erosion control or storm water management approval required for bulk sampling, even if LRB-4762/1 - 2018 Legislature - 5 - MCP:all ENGROSSED ASSEMBLY BILL 499 DNR has authorized a local program to issue approvals for construction site erosion control or storm water management.
Finally, the bill provides that DNR may revoke or suspend a bulk sampling license if it determines, after a hearing, that the license holder has failed to comply with any law, DNR rule, or license term, or has failed to increase the amount of any bond required for bulk sampling.
F INANCIAL ASSURANCE REQUIREMENTS Under current law, an operator of a nonferrous mining or prospecting operation must file a bond, cash, certificates of deposit, or government securities with DNR to ensure that the operator will be able to cover the cost of the reclamation plan for the mining or prospecting site.
An operator must also maintain proof of financial responsibility for complying with the long-term care requirements of the mining or prospecting site after the site is closed.
Under rules promulgated by DNR, an applicant for a nonferrous metallic mining permit must also create and maintain an irrevocable trust in perpetuity to ensure the availability of funds for preventative and remedial activities, such as responding to a spill of a hazardous substance at the mining site.
This bill limits the forms of proof of financial responsibility for long-term care that DNR may require to a bond, cash, certificates of deposit, government securities, or insurance.
The bill provides that DNR may not require an operator to provide a form of financial assurance other than those listed in the statutes.
The bill also requires two additional forms of financial assurance from the operator of a mine.
First, before beginning to mine, the operator must file with DNR a bond, cash, certificate of deposit, or government security to cover unforeseen remedial contingencies that are not otherwise covered by the bonds or other security for remediation and long-term care.
The bond or other security for remedial contingencies must be 10 percent of the total amount of the bonds or other security for remediation and long-term care, and must be released no later than 40 years after the operator stops extracting material from the mining site.
Second, at the time of closure of the mining waste site, the operator must provide DNR with proof of financial responsibility in an amount equal to the reasonably anticipated costs, for the period running from 40 to 250 years after closure of the mining waste site, to repair or replace any engineered cover systems or tailings water management control systems.
The proof of financial responsibility must be in the form of an interest-bearing security or account.
At the time that the mining permit is approved, DNR must determine the amount of the proof of financial responsibility to be provided and identify the reasonably anticipated costs that the amount is intended to cover.
The operator may use these funds to cover any identified anticipated cost.
DNR must release any remaining funds to the operator after all of the identified anticipated costs are incurred or after determining that the identified anticipated costs are no longer applicable.
A PPLICATION, REVIEW, AND PERMITTING PROCESS Under current law, a person who proposes to prospect or mine for nonferrous metallic minerals must obtain a prospecting or mining permit and any other permit, license, certification, or other authorization (approval) that is required under the - 2018 Legislature - 6 - LRB-4762/1 MCP:all ENGROSSED ASSEMBLY BILL 499 environmental and natural resources laws, for example wastewater discharge permits, high capacity well approvals, and permits for discharges into wetlands.
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The bill requires DNR, upon LRB-4118/1 - 2018 Legislature - 5 - MCP:all ASSEMBLY BILL 499 the request of a person who intends to file a notice of intent to apply, to review the person's proposed methodology for collecting data, and to either approve the proposed methodology or provide the methodology that DNR requires to be used.
The bill requires DNR, upon the request of a person who intends to file a notice of intent to apply, to review the person's proposed methodology for collecting data, and to either approve the proposed methodology or provide the methodology that DNR requires to be used.
This bill provides that, if DNR requires an applicant for a nonferrous metallic mining permit to conduct modeling to determine whether the proposed mining operation's waste site complies with groundwater or surface water quality standards, DNR may not require the applicant to examine a period longer than the proposed operating period of the waste site plus 250 years.
This bill provides that, if DNR requires an applicant for a nonferrous metallic mining permit to conduct modeling to determine whether the proposed mining operation's waste site complies with groundwater or surface water quality LRB-4762/1 - 2018 Legislature - 7 - MCP:all ENGROSSED ASSEMBLY BILL 499 standards, DNR may not require the applicant to examine a period longer than the proposed operating period of the waste site plus 250 years.
Application process — financial assurance requirement Under current law, an operator of a nonferrous mining or prospecting operation must file a bond, cash, certificates of deposit, or government securities with DNR to ensure that the operator will be able to cover the cost of the reclamation plan for the mining or prospecting site.
Review timeline This bill creates a timeline for DNR to review an application for a prospecting or mining permit, request additional information from the applicant, and prepare a draft environmental impact statement, a draft prospecting or mining permit, and other draft approvals.
An operator must also submit a certificate of insurance certifying that the operator has a liability insurance policy in place that adequately covers personal injury and property damage and must maintain proof of financial responsibility for complying with the long-term care requirements of the mining or prospecting site after the site is closed.
Under rules promulgated by DNR, an applicant for a nonferrous metallic mining permit must also create and maintain an irrevocable trust in perpetuity to ensure the availability of funds for preventative and remedial activities, such as responding to a spill of a hazardous substance at the mining site.
This bill limits the forms of proof of financial responsibility for long-term care that DNR may require to a bond, cash, certificates of deposit, government securities, or insurance.
The bill provides that DNR may not require an operator to provide a form of financial assurance other than those listed in the statutes.
- 2018 Legislature - 6 - LRB-4118/1 MCP:all ASSEMBLY BILL 499 Review timeline This bill creates a timeline for DNR to review an application for a prospecting or mining permit, request additional information from the applicant, and prepare a draft environmental impact statement, a draft prospecting or mining permit, and other draft approvals.
Hearing and review process Under current law, DNR holds a public informational hearing on DNR's draft EIS, after which DNR prepares a final EIS.
Hearing process Under current law, DNR holds a public informational hearing on DNR's draft EIS, after which DNR prepares a final EIS.
DNR then conducts a master hearing on the final EIS, the draft mining or prospecting permits that DNR has prepared, and all other approvals that are required for the prospecting or mining project, to the extent possible.
DNR then conducts a master hearing on the final EIS, the draft mining or prospecting permits that DNR has prepared, and - 2018 Legislature - 8 - LRB-4762/1 MCP:all ENGROSSED ASSEMBLY BILL 499 all other approvals that are required for the prospecting or mining project, to the extent possible.
Under current law, the provisions related to notice, hearing, and LRB-4118/1 - 2018 Legislature - 7 - MCP:all ASSEMBLY BILL 499 comment in the nonferrous metallic mining law apply to any other needed approval, unless the applicant fails to apply for an approval in time for it to be considered at the master hearing.
Under current law, the provisions related to notice, hearing, and comment in the nonferrous metallic mining law apply to any other needed approval, unless the applicant fails to apply for an approval in time for it to be considered at the master hearing.
Under current law, any person who is aggrieved by a DNR decision relating to nonferrous metallic exploration, prospecting, or mining may request an administrative contested case hearing, unless the matter was heard at the master hearing.
Under current law, DNR must issue a mining permit within 90 days after completion of the public hearing record if it makes certain determinations, including that the proposed operation will comply with all applicable air, groundwater, surface water, and solid and hazardous waste management laws and DNR rules and that the proposed mine will not endanger public health, safety, or welfare.
Under the bill, DNR must also issue a mining permit during this 90-day timeline if it finds that the technology that will be used at the proposed operation is capable of resulting in compliance with all applicable air, groundwater, surface water, and solid and hazardous waste management law and DNR rules and is reasonably certain to result in compliance with these laws and rules at the proposed mining site.
Review process Under current law, any person who is aggrieved by a DNR decision relating to nonferrous metallic exploration, prospecting, or mining may request an administrative contested case hearing, unless the matter was heard at the master hearing.
A person seeking such a contested case hearing must request the hearing within 30 days after DNR issues the decision to approve or deny the mining or prospecting permit.
A person seeking such a contested case hearing must request the hearing within 60 days after DNR issues the decision to approve or deny the mining LRB-4762/1 - 2018 Legislature - 9 - MCP:all ENGROSSED ASSEMBLY BILL 499 or prospecting permit.
The hearing examiner may not issue an order prohibiting an activity that is authorized by the DNR decision being reviewed in the contested case hearing.
Under the bill, a person seeking judicial review of a decision in such a contested case hearing must bring the action within days of the decision.
Under the bill, a person seeking judicial review of a decision in such a contested case hearing must bring the action within 30 days of the decision.
Under the bill, a person seeking judicial review of a decision in a contested case hearing or of any DNR decision relating to nonferrous metallic mining, prospecting, exploration, or bulk sampling must bring the action in the court for the county in which the majority of - 2018 Legislature - 8 - LRB-4118/1 MCP:all ASSEMBLY BILL 499 the mining or prospecting site is located or in which the majority of the exploration or bulk sampling will occur.
Under the bill, a person seeking judicial review of a decision in a contested case hearing or of any DNR decision relating to nonferrous metallic mining, prospecting, exploration, or bulk sampling must bring the action in the court for the county in which the majority of the mining or prospecting site is located or in which the majority of the exploration or bulk sampling will occur.
FEES This bill exempts nonferrous metallic mining from certain solid waste disposal fees that are required under current law.
F EES This bill exempts nonferrous metallic mining from certain solid waste disposal fees that are required under current law.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
N ET PROCEEDS TAX Under the bill, for purposes of imposing and collecting the net proceeds tax on mining, the secretary of the Department of Revenue may adjust the allocation of gross revenue, deductions, allowances, or credits between or among organizations owned or controlled by the same interests, if the secretary determines that the adjustment is necessary in order to prevent evasion of the tax or to clearly reflect the income of any such organizations.
Under current law, the secretary of DOR may make the same determination and adjustment with regard to the imposition and collection of income and franchise taxes.
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.
The amounts in the schedule for the administration, regulation, and enforcement of nonferrous metallic mining exploration, bulk sampling, prospecting, mining and - 2018 Legislature - 10 - LRB-4762/1 MCP:all ENGROSSED ASSEMBLY BILL 499 SECTION 1 mine reclamation activities under ch.
S ECTION 2.
SECTION 1n.
70.375 (2) (b) of the statutes is amended to read:
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.
SECTION 2.
S ECTION 3.
SECTION 3.
S ECTION 4.
SECTION 4.
227.42 (4), anyy person who receives notice of a denial or modification requirement under par.
227.42 (4), any Any person who receives notice of a denial or modification requirement under par.
(c) is LRB-4118/1 - 2018 Legislature - 9 - MCP:all SECTION 4 ASSEMBLY BILL 499 entitled to a contested case hearing under ch.
(c) is entitled to a contested case hearing under ch.
293.01 (2m) “Bulk sampling” means excavating in a potential mining site by removing less than 10,000 tons of material for the purposes of obtaining site-specific data to assess the quality and quantity of the nonferrous metallic mineral deposits and of collecting data from and analyzing the excavated materials in order to prepare the application for a mining permit or for any other approval.
293.01 (2m) “Bulk sampling” means excavating in a potential mining site by removing less than 10,000 tons of material, including overburden and any other LRB-4762/1 - 2018 Legislature - 11 - MCP:all SECTION 6 ENGROSSED ASSEMBLY BILL 499 material removed from any portion of the excavation site, for the purposes of obtaining site-specific data to assess the quality and quantity of the nonferrous metallic mineral deposits and of collecting data from and analyzing the excavated materials in order to prepare the application for a mining permit or for any other approval.
293.01(18) “Prospecting" means engaging in the examination of an area for the purpose of determining the quality and quantity of nonferrous metallic minerals, other than for exploration or bulk samplingbut including the obtaining of a nonferrous metallic mineral sample, by such physical means as excavating, - 2018 Legislature - 10 - LRB-4118/1 MCP:all ASSEMBLY BILL 499 SECTION 8 trenching, construction of shafts, ramps and tunnels and other means, other than for exploration or bulk sampli, which the department, by rule, identifies, and the production of prospecting refuse and other associated activities.
293.01(18) “Prospecting" means engaging in the examination of an area for the purpose of determining the quality and quantity of nonferrous metallic minerals, other than for exploration or bulk samplingbut including the obtaining of a nonferrous metallic mineral sample, by such physical means as excavating, trenching, construction of shafts, ramps and tunnels and other means, other than for exploration or bulk sampling, which the department, by rule, identifies, and the production of prospecting refuse and other associated activities.
However, the fact that prospecting activities and construction may have use ultimately in mining, if approved, shall not mean that prospecting activities and construction constitute mining within the meaning of sub.
However, the fact that prospecting activities and construction may have use ultimately in mining, if approved, shall not mean that prospecting activities and construction - 2018 Legislature - 12 - LRB-4762/1 MCP:all ENGROSSED ASSEMBLY BILL 499 SECTION 8 constitute mining within the meaning of sub.
Revegetation to stabilize disturbed soils and prevent air and water pollution, with the objective of reestablishing a variety of populations of plants LRB-4118/1 - 2018 Legislature - 11 - MCP:all S ECTION 13 ASSEMBLY BILL 499 and animals indigenous to the area immediately prior to exploration, bulk sampling, prospecting, or mining.
Revegetation to stabilize disturbed soils and prevent air and water pollution, with the objective of reestablishing a variety of populations of plants and animals indigenous to the area immediately prior to exploration, bulk sampling, prospecting, or mining.
293.15 (7m) Issue approvals necessary for bulk sampling.
293.15 (7m) Issue licenses and approvals necessary for bulk sampling.
293.15 (8) Promulgate rules regulating the production, storage and disposal of radioactive waste from exploration, bulk sampling, prospecting, or mining after seeking comments from the department of health services.
293.15 (8) Promulgate rules regulating the production, storage and disposal of radioactive waste from exploration, bulk sampling,ecting, or mining after LRB-4762/1 - 2018 Legislature - 13 - MCP:all S ECTION 15 ENGROSSED ASSEMBLY BILL 499 seeking comments from the department of health services.
293.26 Bulk sampling plan.
293.26 Bulk sampling.
(1) A person who intends to engage in bulk sampling may file a bulk sampling plan with the department.
(1) In this section, “approval” means any permit, license, certification, contract, or other authorization that the department issues, or any other action by the department, that is required to engage in bulk sampling.
(1m) No person may engage in bulk sampling except as provided in a bulk sampling license issued by the department under sub.
(4) or (14m) and any approval required by the department to engage in bulk sampling identified under sub.
(4) or sub.
(4m).
A person who intends to engage in bulk sampling shall file a bulk sampling plan with the department.
- 2018 Legislature - 12 - LRB-4118/1 MCP:all ASSEMBLY BILL 499 S ECTION 16 (b) A description of the methods to be used for the bulk sampling.
(b) A description of the methods to be used for the bulk sampling.
(c) A site-specific plan for controlling surface erosion that conforms to requirements under ss.
- 2018 Legislature - 14 - LRB-4762/1 MCP:all ENGROSSED ASSEMBLY BILL 499 S ECTION 16 (c) A site-specific plan for controlling surface erosion that conforms to requirements under ss.
134.90 (1) (c), and any information relating to the location, quality, or quantity of LRB-4118/1 - 2018 Legislature - 13 - MCP:all SECTION 16 ASSEMBLY BILL 499 a nonferrous metallic mineral deposit, to production or sales figures, or to processes or production unique to the applicant or that would tend to adversely affect the competitive position of the applicant if made public.
134.90 (1) (c), and any information relating to the location, quality, or quantity of a nonferrous metallic mineral deposit, to production or sales figures, or to processes LRB-4762/1 - 2018 Legislature - 15 - MCP:all SECTION 16 ENGROSSED ASSEMBLY BILL 499 or production unique to the applicant or that would tend to adversely affect the competitive position of the applicant if made public.
(4) Within 14 days of receipt of a bulk sampling plan, the department shall identify for the applicant, in writing, all approvals that are required before the bulk sampling may be implemented, any waivers, exemptions, or exceptions to those approvals that are potentially available, and any information that the department needs to issue the approvals or to issue a decision on any waiver, exemption, or exception.
(4) Within 14 days of receipt of a complete bulk sampling plan under sub.
If no approvals are required, the department shall notify the applicant that no approvals are required and that the applicant may proceed with the bulk sampling.
(2), the department shall identify for the applicant, in writing, all approvals that are required before the bulk sampling may be implemented, any waivers, exemptions, or exceptions to those approvals that are potentially available, and any information that the department needs to issue the approvals or to issue a decision on any waiver, exemption, or exception.
(5) If a storm water discharge permit under s.
If no approvals are required, the department shall notify the applicant that no approvals are required and issue a bulk sampling license to the applicant.
(4m) An applicant shall file a revised bulk sampling plan if there are any significant changes to the information provided in the previous bulk sampling plan under sub.
(2).
(a) If the revised bulk sampling plan is filed before the department approves or denies any waiver, exemption, or exception under sub.
(12), issues any approval under sub.
(13) or (14), or issues a bulk sampling license under sub.
(14m), within 14 days of receiving the revised bulk sampling plan, the department shall notify the applicant, in writing, of any changes to the information provided to the applicant under sub.
(4).
(b) If the revised bulk sampling plan is filed after the department approves or denies any waiver, exemption, or exception under sub.
(12), issues any approval under sub.
(13) or (14), or issues a bulk sampling license under sub.
(14m), within 14 days of receiving the revised bulk sampling plan, the department shall identify for the applicant, in writing, any modifications to existing approvals or additional approvals that the department requires.
- 2018 Legislature - 16 - LRB-4762/1 MCP:all ENGROSSED ASSEMBLY BILL 499 S ECTION 16 (5) If a storm water discharge permit under s.
(4).
(4) or (4m) (a).
(4).
(4) or (4m) (a).
(4).
(4) or (4m) (a).
- 2018 Legislature - 14 - LRB-4118/1 MCP:all ASSEMBLY BILL 499 S ECTION 16 (d) A bond, as provided in sub.
(d) A bond, as provided in sub.
(4), the application for any approval, for a waiver, exemption, or exception to an approval, or for a determination that the proposed bulk sampling activity is below the threshold that requires an approval, is considered to be complete on the 30th day after the department receives the application, unless, before that day, the department provides the applicant with written notification that the application is not complete, stating the reason for the determination and describing the specific information necessary to make the application complete.
(4) or (4m), the application for any approval, for a waiver, exemption, or exception to an approval, or for a determination that the proposed bulk sampling activity is below the threshold that requires an approval, is considered to be complete on the 30th day after the department receives the application, unless, before that day, the department provides the applicant with written notification that the application is not complete, stating the reason for the determination and describing the specific information necessary to make the application complete.
(b) If the department provides a notice under par.
LRB-4762/1 - 2018 Legislature - 17 - MCP:all SECTION 16 ENGROSSED ASSEMBLY BILL 499 (b) If the department provides a notice under par.
LRB-4118/1 - 2018 Legislature - 15 - MCP:all SECTION 16 ASSEMBLY BILL 499 (b) If the surety for a bond submitted under par.
(b) If the surety for a bond submitted under par.
(d) The department may require that the amount of the bond submitted under this subsection be increased at any time, if the department determines that it is unlikely that the bond would be adequate to fund the cost to this state of completing the revegetation plan.
- 2018 Legislature - 18 - LRB-4762/1 MCP:all ENGROSSED ASSEMBLY BILL 499 S ECTION 16 (d) The department may require that the amount of the bond submitted under this subsection be increased at any time, if the department determines that it is unlikely that the bond would be adequate to fund the cost to this state of completing the revegetation plan.
(4), the department shall require the bulk sampling activity for which the approval is issued to be conducted at locations that result in the fewest overall adverse environmental impacts.
(4) or (4m), the department shall require the bulk sampling activity for which the approval is issued to be conducted at locations that result in the fewest overall adverse environmental impacts.
- 2018 Legislature - 16 - LRB-4118/1 MCP:all ASSEMBLY BILL 499 SECTION 16 (11) (a) In determining whether to approve or deny an application for an approval identified under sub.
(11) (a) In determining whether to approve or deny an application for an approval identified under sub.
(4), the department shall consider the site-specific erosion control plan, the revegetation plan, and any wetland mitigation program.
(4) or (4m), the department shall consider the site-specific erosion control plan, the revegetation plan, and any wetland mitigation program.
(4) in order to meet the requirements applicable to the approval, and, as modified, approve the application.
(4) or (4m) in order to meet the requirements applicable to the approval, and, as modified, approve the application.
(4), the department shall approve or deny an application within 30 days after the day on which the application is considered to be complete under sub.
(4) or (4m), the department shall approve or deny an application within 30 days after the day on which the application is considered to be complete under sub.
(a) The application is for a waiver, exemption, or exception to an approval for a bulk sampling activity or for a determination that the proposed bulk sampling activity is below the threshold that requires an approval.
LRB-4762/1 - 2018 Legislature - 19 - MCP:all S ECTION 16 ENGROSSED ASSEMBLY BILL 499 (a) The application is for a waiver, exemption, or exception to an approval for a bulk sampling activity or for a determination that the proposed bulk sampling activity is below the threshold that requires an approval.
(4), the department shall approve or deny any application for an approval identified under sub.
(4) or (4m), the department shall approve or deny any application for an approval identified under sub.
(4) to which sub.
(4) or (4m) to which sub.
LRB-4118/1 - 2018 Legislature - 17 - MCP:all SECTION 16 ASSEMBLY BILL 499 (b) The department shall publish a class 1 notice, under ch.
(b) The department shall publish a class 1 notice, under ch.
The department shall send the notice to any person to whom the department is required to give notice of any proposed determination, application, or hearing concerning an approval described in par.
The department shall - 2018 Legislature - 20 - LRB-4762/1 MCP:all ENGROSSED ASSEMBLY BILL 499 S ECTION 16 send the notice to any person to whom the department is required to give notice of any proposed determination, application, or hearing concerning an approval described in par.
- 2018 Legislature - 18 - LRB-4118/1 MCP:all ASSEMBLY BILL 499 S ECTION 16 (e) The department shall hold a public informational hearing within 30 days after the date of the publication of the notice under par.
(e) The department shall hold a public informational hearing within 30 days after the date of the publication of the notice under par.
(14) (a) If it is not possible to coordinate the public comment period and public informational hearing for an approval that is an individual permit for which federal law requires the opportunity for public comment or the ability to request a public hearing prior to issuance of the approval with the public comment period and public informational hearing under sub.
LRB-4762/1 - 2018 Legislature - 21 - MCP:all SECTION 16 ENGROSSED ASSEMBLY BILL 499 (14) (a) If it is not possible to coordinate the public comment period and public informational hearing for an approval that is an individual permit for which federal law requires the opportunity for public comment or the ability to request a public hearing prior to issuance of the approval with the public comment period and public informational hearing under sub.
(14m) Upon issuing all of the approvals required by the department to engage in bulk sampling under subs.
(13) and (14), the department shall issue the applicant a bulk sampling license.
(4) is issued upon mailing and is final and effective upon issuance.
(4) or (4m) or a bulk sampling license is issued upon mailing and is final and effective upon issuance.
LRB-4118/1 - 2018 Legislature - 19 - MCP:all S ECTION 16 ASSEMBLY BILL 499 (16) The department is not required to prepare an environmental impact statement or an environmental assessment for an approval required for bulk sampling.
(16) The department is not required to prepare an environmental impact statement or an environmental assessment for a bulk sampling license or for an approval required for bulk sampling.
SECTION 17.
(17) The department may revoke or suspend a bulk sampling license issued under this section if it determines, after a hearing, that the license holder has failed to comply with statutes or rules of the department or with the terms of the license, or has failed to increase bond amounts to adequate levels as specified by the department.
- 2018 Legislature - 22 - LRB-4762/1 MCP:all ENGROSSED ASSEMBLY BILL 499 SECTION 17 SECTION 17.
Specific environmental data which would be pertinent to a specific prospecting or mining application, but which was obtained or collected or generated prior to the notice of intent to apply for a prospecting or mining permit, shall be - 2018 Legislature - 20 - LRB-4118/1 MCP:all ASSEMBLY BILL 499 SECTION 18 submitted in writing to the department together with any substantiating background information which would assist the department in establishing the validity of the data.
Specific environmental data which would be pertinent to a specific prospecting or mining application, but which was obtained or collected or generated prior to the notice of intent to apply for a prospecting or mining permit, shall be submitted in writing to the department together with any substantiating background information which would assist the department in establishing the validity of the data.
The department shall review the data and, if it concludes that the benefits of permitting the admission of the data outweigh the policy reasons for excluding it, and if the data is otherwise admissible, inform the person giving the notice of intent to prospect or mine that the data will be accepted by the department.
The department shall review the data and, if it concludes that LRB-4762/1 - 2018 Legislature - 23 - MCP:all S ECTION 18 ENGROSSED ASSEMBLY BILL 499 the benefits of permitting the admission of the data outweigh the policy reasons for excluding it, and if the data is otherwise admissible, inform the person giving the notice of intent to prospect or mine that the data will be accepted by the department.
If the LRB-4118/1 - 2018 Legislature - 21 - MCP:all SECTION 20 ASSEMBLY BILL 499 department holds a public informational hearing to receive comments from interested persons under this section, the hearing shall be completed within 45 days after public notice is given under sub.
If the department holds a public informational hearing to receive comments from interested persons under this section, the hearing shall be completed within 45 days after public notice is given under sub.
S ECTION 21.
- 2018 Legislature - 24 - LRB-4762/1 MCP:all ENGROSSED ASSEMBLY BILL 499 SECTION 21 SECTION 21.
293.31 (4) AfterNo later than 90 days after the receipt period for receiving and consideration of considering comments from interested persons under sub.
293.31 (4) After No later than 90 days after the receipt period for receiving and consideration of considering comments from interested persons under sub.
(3), the department shall inform the person giving notice of intent to apply for a prospecting or mining permit of the type and quantity of information that it then believes to be needed to support an application,, where applicable, the methodology to be used in gathering information.
(3), the department shall inform the person giving notice of intent to apply for a prospecting or mining permit of the type and quantity of information that it then believes to be needed to support an application, and, where applicable, the methodology to be used in gathering information.
The department shall also begin informing inform the person giving notice of intent to apply for a prospecting or mining permit as tothe timely application date and other filing requirements for all other approvals, licenses, and permits, so as to facilitate the consideration of all other matters at the hearing on the prospecting or mining permit relating to the proposed prospecting or mining project.
The department shall also begin informing inform the person giving notice of intent to apply for a prospecting or mining permit as to of the timely application date and other filing requirements for all other approvals, licenses, and permits, so as to facilitate the consideration of all other matters at the hearing on the prospecting or mining permit relating to the proposed prospecting or mining project.
S ECTION 22.
SECTION 22.
army corps of engineers, and any other federal regulatory agency - 2018 Legislature - 22 - LRB-4118/1 MCP:all ASSEMBLY BILL 499 SECTION 22 with responsibilities related to the potential prospecting or mining operation to address sampling methodology and any other issue of mutual concern related to processing an application for a prospecting or mining permit.
army corps of engineers, and any other federal regulatory agency with responsibilities related to the potential prospecting or mining operation to address sampling methodology and any other issue of mutual concern related to processing an application for a prospecting or mining permit.
The memorandum may include an agreement between the department and the applicant relating to timelines, including timelines for the parties to conduct environmental studies and for granting or denying the prospecting or mining permit.
The memorandum LRB-4762/1 - 2018 Legislature - 25 - MCP:all S ECTION 22 ENGROSSED ASSEMBLY BILL 499 may include an agreement between the department and the applicant relating to timelines, including timelines for the parties to conduct environmental studies and for granting or denying the prospecting or mining permit.
(4) and (5), within 180 days after an applicant submits an application for a prospecting or mining permit, an environmental impact report, if required, and any applications for other approvals, licenses, or permits relating to the prospecting or mining operation the department LRB-4118/1 - 2018 Legislature - 23 - MCP:all SECTION 25 ASSEMBLY BILL 499 shall review the information submitted and, if necessary, provide comments to the applicant and request additional information from the applicant relating to the proposed prospecting or mining project.
(4) and (5), within 180 days after an applicant submits an application for a prospecting or mining permit, an environmental impact report, if required, and any applications for other approvals, licenses, or permits relating to the prospecting or mining operation the department shall review the information submitted and, if necessary, provide comments to the applicant and request additional information from the applicant relating to the proposed prospecting or mining project.
(2) Subject to subs.
- 2018 Legislature - 26 - LRB-4762/1 MCP:all ENGROSSED ASSEMBLY BILL 499 SECTION 25 (2) Subject to subs.
(2) the secretary of the department determines that the applicant has made a substantial modification to the mining or prospecting plan that significantly changes the information necessary to prepare an environmental impact statement or adequately review an application, the department shall notify the applicant of the - 2018 Legislature - 24 - LRB-4118/1 MCP:all ASSEMBLY BILL 499 S ECTION 25 secretary's determination and request additional information from the applicant.
(2) the secretary of the department determines that the applicant has made a substantial modification to the mining or prospecting plan that significantly changes the information necessary to prepare an environmental impact statement or adequately review an application, the department shall notify the applicant of the secretary's determination and request additional information from the applicant.
(1).A determination by the secretary under this subsection is not subject to administrative or judicial review and may be made only once during an applicant's permitting process.
(1).
A LRB-4762/1 - 2018 Legislature - 27 - MCP:all SECTION 25 ENGROSSED ASSEMBLY BILL 499 determination by the secretary under this subsection is not subject to administrative or judicial review and may be made only once during an applicant's permitting process.
S ECTION 26.
SECTION 26.
293.43 (1) APPLICABILITYThis section, and ch.
293.43 (1) PPLICABILITYThis section, and ch.
S ECTION 27.
SECTION 27.
If an applicant fails to make application for an approval, license or permit for an activity incidental to prospecting or mining LRB-4118/1 - 2018 Legislature - 25 - MCP:all SECTION 27 ASSEMBLY BILL 499 in time for notice under this section to be provided, the notice and comment requirements, if any, shall be controlled by the specific statutory provisions with respect to that application.
If an applicant fails to make application for an approval, license or permit for an activity incidental to prospecting or mining in time for notice under this section to be provided, the notice and comment requirements, if any, shall be controlled by the specific statutory provisions with respect to that application.
If notice under those specific statutory notice requirements can be given for consideration of the approval, license or permit at the hearing under this section, the application shall be considered at that hearing;
If notice under those specific statutory notice - 2018 Legislature - 28 - LRB-4762/1 MCP:all ENGROSSED ASSEMBLY BILL 499 S ECTION 27 requirements can be given for consideration of the approval, license or permit at the hearing under this section, the application shall be considered at that hearing;
The substantive requirements for the issuance of any approval, permit, or license incidental to prospecting or mining are not affected by the fact that a hearing on the approval, permit,icense is conducted as part of a hearing under this section.
The substantive requirements for the issuance of any approval, permit,r license incidental to prospecting or mining are not affected by the fact that a hearing on the approval, permit,icense is conducted as part of a hearing under this section.
- 2018 Legislature - 26 - LRB-4118/1 MCP:all ASSEMBLY BILL 499 S ECTION 29 3.
3.
5.
LRB-4762/1 - 2018 Legislature - 29 - MCP:all SECTION 29 ENGROSSED ASSEMBLY BILL 499 5.
LRB-4118/1 - 2018 Legislature - 27 - MCP:all SECTION 29 ASSEMBLY BILL 499 4.
4.
5.
- 2018 Legislature - 30 - LRB-4762/1 MCP:all ENGROSSED ASSEMBLY BILL 499 S ECTION 29 5.
- 2018 Legislature - 28 - LRB-4118/1 MCP:all ASSEMBLY BILL 499 SECTION 29 11.
11.
13.
LRB-4762/1 - 2018 Legislature - 31 - MCP:all S ECTION 29 ENGROSSED ASSEMBLY BILL 499 13.
The department shall hold a single public informational hearing covering the draft prospecting or mining permit, all other draft approvals, and the draft environmental impact statement, except that if an application for an approval is filed too late to allow the application to be considered at the public informational hearing for the prospecting or mining permit, the department shall hold a separate public LRB-4118/1 - 2018 Legislature - 29 - MCP:all S ECTION 31 ASSEMBLY BILL 499 informational hearing on the draft approval in the county where the majority of the proposed prospecting or mining site is located not less than 30 days after the date of the publication of a separate notice under sub.
The department shall hold a single public informational hearing covering the draft prospecting or mining permit, all other draft approvals, and the draft environmental impact statement, except that if an application for an approval is filed too late to allow the application to be considered at the public informational hearing for the prospecting or mining permit, the department shall hold a separate public informational hearing on the draft approval in the county where the majority of the proposed prospecting or mining site is located not less than 30 days after the date of the publication of a separate notice under sub.
The department shall publish the separate notice for the approval on its Internet site not more than 10 days after the application is considered to be complete, which is the 30th day after the department receives the application unless, before that day, the department requests additional information, in which case the application is considered to be complete when the applicant provides the information.
The department shall publish the separate notice for the approval on its Internet site not - 2018 Legislature - 32 - LRB-4762/1 MCP:all ENGROSSED ASSEMBLY BILL 499 SECTION 31 more than 10 days after the application is considered to be complete, which is the 30th day after the department receives the application unless, before that day, the department requests additional information, in which case the application is considered to be complete when the applicant provides the information.
SECTION 35m.
293.49 (1) (a) 2m.
of the statutes is created to read:
293.49 (1) (a) 2m.
The technology that will be used at the proposed operation is capable of resulting in compliance with all applicable air, groundwater, surface water, and solid and hazardous waste management laws and rules of the department and is reasonably certain to result in compliance with these laws and rules at the proposed mining site.
293.495 Subsequently filed applications for other approvals.
LRB-4762/1 - 2018 Legislature - 33 - MCP:all SECTION 36 ENGROSSED ASSEMBLY BILL 499 293.495 Subsequently filed applications for other approvals.
For purposes of this subsection, an application for an approval other than a mining or prospecting permit is considered to be complete on the 30th day after the - 2018 Legislature - 30 - LRB-4118/1 MCP:all ASSEMBLY BILL 499 S ECTION 36 department receives the application unless, before that day, the department requests additional information, in which case the application is considered to be complete when the applicant provides the information.
For purposes of this subsection, an application for an approval other than a mining or prospecting permit is considered to be complete on the 30th day after the department receives the application unless, before that day, the department requests additional information, in which case the application is considered to be complete when the applicant provides the information.
293.43 (3m) but before the department issues the decision to grant or deny the application for the mining or prospecting permit, the department shall approve the application and issue the approval, or deny the application, after the separate public informational hearing for the approval required under s.
293.43 (3m) but before the department issues the decision to grant or deny the application for the mining or prospecting permit, the department shall approve the application and issue the approval, or deny the application, after the - 2018 Legislature - 34 - LRB-4762/1 MCP:all ENGROSSED ASSEMBLY BILL 499 S ECTION 36 separate public informational hearing for the approval required under s.
LRB-4118/1 - 2018 Legislature - 31 - MCP:all SECTION 36 ASSEMBLY BILL 499 2.
2.
281.343 (7r) and except that if a withdrawal of surface water or groundwater is subject to regional review or council approval under s.
281.343 (7r) and except that if a LRB-4762/1 - 2018 Legislature - 35 - MCP:all S ECTION 36 ENGROSSED ASSEMBLY BILL 499 withdrawal of surface water or groundwater is subject to regional review or council approval under s.
- 2018 Legislature - 32 - LRB-4118/1 MCP:all ASSEMBLY BILL 499 SECTION 37 SECTION 37.
SECTION 37.
293.51 (title) Bonds and other securit.
293.51 (title) Bonds and other security.
293.51 (2m) of the statutes is created to read:
293.51 (1g) of the statutes is created to read:
293.51 (2m) An operator shall maintain proof of financial responsibility ensuring the availability of funds for compliance with the long-term care requirements specified in the waste site feasibility study and plan of operation consistent with the requirements under s.
293.51 (1g) An operator shall maintain proof of financial responsibility ensuring the availability of funds for compliance with the long-term care requirements specified in the waste site feasibility study and plan of operation consistent with the requirements under s.
SECTION 40.
SECTION 39k.
293.51 (1m) of the statutes is created to read:
293.51(1m) Upon notification that an application for a mining permit has been approved by the department but prior to commencing mining, the operator shall file with the department a bond issued by a surety company licensed to do business in this state, cash, certificates of deposit, or government security, to cover unforeseen remedial contingencies not otherwise covered by the bonds or other security required under sub.
(1) or (1g), including for the provision of a replacement water supply if required under s.
293.65 (4) (d).
The amount of the bond or other security required shall be 10 percent of the total amount of the bonds or other security required under subs.
(1) and (1g).
The operator shall increase, and may decrease, the amount of the bond under this subsection according to any increase or decrease in the amount of the bonds or other security required under subs.
(1) or (1g) until the operator ceases - 2018 Legislature - 36 - LRB-4762/1 MCP:all ENGROSSED ASSEMBLY BILL 499 S ECTION 39k to extract material from the mining site, at which point the amount of the bond under this subsection shall remain the same until released by the department.
The bond or other security under this subsection shall be released no later than 40 years after the operator ceases to extract material from the mining site.
SECTION 39m.
293.51 (1r) of the statutes is created to read:
293.51 (1r) At the time of closure of the mining waste site, the operator shall provide proof of financial responsibility to the department in an amount equal to the reasonably anticipated costs during the period between 40 and 250 years after closure of the mining waste site to repair or replace any engineered cover systems or tailings water management control systems used at the mining site or mining waste site to avoid adverse environmental consequences.
At the time that the application for a mining permit is approved, the department shall determine the amount to be paid at the time of closure based on the net present value discounted at a rate of at least 5 percent per year, and identify the reasonably anticipated costs that the amount is intended to cover.
The operator shall provide the proof of financial responsibility in the form of a cash deposit, which the department shall segregate and invest in an interest-bearing account;
certificates of deposit, government securities, or other interest-bearing forms of security;
or proof of establishment of an interest-bearing account, including an escrow account or trust account.
The operator or any successor in interest may use the funds or request the department release the funds to cover any reasonably anticipated costs that were identified by the department.
The department shall release any remaining funds to the operator or the operator's successor in interest after all of the reasonably anticipated costs that were identified by the department have been incurred, or upon determining that the reasonably anticipated costs are no longer applicable.
LRB-4762/1 - 2018 Legislature - 37 - MCP:all S ECTION 40 ENGROSSED ASSEMBLY BILL 499 SECTION 40.
(1) and (2m), mining application, and certificate of insurance, the department shall issue written authorization to commence mining at the permitted mining site in accordance with the approved mining and reclamation plans.
(1), (1g), (1m), and (1r), mining application, and certificate of insurance, the department shall issue written authorization to commence mining at the permitted mining site in accordance with the approved mining and reclamation plans.
The department shall provide notice of any modification which involves an increase or decrease in the area of a mining site or a substantial LRB-4118/1 - 2018 Legislature - 33 - MCP:all S ECTION 43 ASSEMBLY BILL 499 change in the mining or reclamation plan in the same manner as an original application for a mining permit under s.
The department shall provide notice of any modification which involves an increase or decrease in the area of a mining site or a substantial change in the mining or reclamation plan in the same manner as an original application for a mining permit under s.
No withdrawal of groundwater for prospecting or mining purposes or the dewatering of mines may be made to the unreasonable detriment of public or private water supplies or the unreasonable detriment of public rights in the waters of the state.
No withdrawal of groundwater for prospecting or mining purposes or the dewatering of - 2018 Legislature - 38 - LRB-4762/1 MCP:all ENGROSSED ASSEMBLY BILL 499 SECTION 44 mines may be made to the unreasonable detriment of public or private water supplies or the unreasonable detriment of public rights in the waters of the state.
281.34 provide a replacement water supply of similar quality, provide an increased amount of water to the water supply, or temporarily augment the quantity of water in, or flowing into or from, the affected waters of the state that is of substantially similar quality and that has substantially similar characteristics - 2018 Legislature - 34 - LRB-4118/1 MCP:all ASSEMBLY BILL 499 SECTION 44 to the water that was in the affected waters of the state before any proposed mining or prospecting activity began.
281.34 provide a replacement water supply of similar quality, provide an increased amount of water to the water supply, or temporarily augment the quantity of water in, or flowing into or from, the affected waters of the state that is of substantially similar quality and that has substantially similar characteristics to the water that was in the affected waters of the state before any proposed mining or prospecting activity began.
The department shall notify the applicant of its determination before the department issues a draft environmental impact statement.
LRB-4762/1 - 2018 Legislature - 39 - MCP:all S ECTION 45 ENGROSSED ASSEMBLY BILL 499 The department shall notify the applicant of its determination before the department issues a draft environmental impact statement.
Any person who engages in exploration without a license or bulk sampling without the necessary approvals shall forfeit not less than $100 nor more than $1,000 for each parcel as defined under s.
Any person who engages in exploration without a license or bulk sampling without the necessary license or approvals shall forfeit not less than $100 nor more than $1,000 for each parcel as defined under s.
293.21 (1) (b) on which unlicensed exploration or bulk sampling without the necessary approvalsok place.
293.21 (1) (b) on which unlicensed exploration or bulk sampling without the necessary license or approvals took place.
293.51 (3) shall forfeit all profits obtained from such illegal activities and not more than $10,000 for each day during which the mine was LRB-4118/1 - 2018 Legislature - 35 - MCP:all SECTION 46 ASSEMBLY BILL 499 in operation.
293.51 (3) shall forfeit all profits obtained from such illegal activities and not more than $10,000 for each day during which the mine was in operation.
Each day's violation of this section shall be deemed a separate offense.
Each day's violation of this section shall be deemed a separate offense.If the violator is a corporation, limited liability company, partnership or association, any officer, director, member, manager or partner who knowingly authorizes, supervises or contracts for exploration, bulk sampling, prospecting, or mining shall also be subject to the penalties of this section.
If the violator is a corporation, limited liability company, partnership or association, any officer, director, member, manager or partner who knowingly authorizes, supervises or contracts for exploration, bulk sampling, prospecting, or mining shall also be subject to the penalties of this section.
SECTION 47.
S ECTION 47.
293.95 Review.
- 2018 Legislature - 40 - LRB-4762/1 MCP:all ENGROSSED ASSEMBLY BILL 499 SECTION 47 293.95 Review.
(1) L IMITS ON CONTESTED CASE HEARINGSNo person is entitled to a contested case hearing on a decision by the department on an exploration license or relating to bulk sampling.
(1) LIMITS ON CONTESTED CASE HEARINGSNo person is entitled to a contested case hearing on a decision by the department on an exploration license or relating to bulk sampling.
(2) C ONTESTED CASE HEARINGS;
(2) CONTESTED CASE HEARINGS;
AFTER INITIAL MINING OR PROSPECTING PERMIT DECISION OR DECISION ON AMENDED PLAN(a) Entitlement.
AFTER INITIAL MINING OR PROSPECTING PERMIT DECISION OR DECISION ON AMENDED PLAN.(a) Entitlement.
- 2018 Legislature - 36 - LRB-4118/1 MCP:all ASSEMBLY BILL 499 S ECTION 47 2.
2.
227.42 and the person requests the hearing within 30 days after the department issues the decision to approve or deny the amended mining plan, reclamation plan, or mining waste site feasibility study and plan of operation.
227.42 and the person requests the hearing within 60 days after the department issues the decision to approve or deny the amended LRB-4762/1 - 2018 Legislature - 41 - MCP:all SECTION 47 ENGROSSED ASSEMBLY BILL 499 mining plan, reclamation plan, or mining waste site feasibility study and plan of operation.
(c) Restriction on orders.
The hearing examiner presiding over a contested case hearing under this subsection may not issue an order prohibiting activity authorized under a decision of the department that is being reviewed in the contested case hearing.
227.53 (1) (a) and shall commence the action, in the circuit court for the county in which the majority of the proposed mining or prospecting site LRB-4118/1 - 2018 Legislature - 37 - MCP:all S ECTION 47 ASSEMBLY BILL 499 is located, no more than 30 days after service of the decision or, if the hearing examiner does not issue a final decision by the deadline under par.
227.53 (1) (a) and shall commence the action, in the circuit court for the county in which the majority of the proposed mining or prospecting site is located, no more than 30 days after service of the decision or, if the hearing examiner does not issue a final decision by the deadline under par.
(3) C ONTESTED CASE HEARINGS ON OTHER DECISIONSA person is entitled to a contested case hearing on a decision by the department related to a mining or prospecting operation that is issued after the department issues the decision to approve the application for the mining or prospecting permit for the mining or prospecting operation, other than a decision described in sub.
(3) C ONTESTED CASE HEARINGS ON OTHER DECISIONS.
A person is entitled to a contested case hearing on a decision by the department related to a mining or prospecting operation that is issued after the department issues the decision to approve the application for the mining or prospecting permit for the mining or prospecting operation, other than a decision described in sub.
(4) VENUE.
- 2018 Legislature - 42 - LRB-4762/1 MCP:all ENGROSSED ASSEMBLY BILL 499 SECTION 47 (4) VENUE.
(2) or (3) or of any decision of the department under this subchapter shall bring the action in the circuit court for the county in which the majority of the mining or prospecting site is located or in which the majority of the exploration or bulk sampling will occur.
(2) or (3) or of any decision of the department related to an exploration, bulk sampling, mining, or prospecting operation shall bring the action in the circuit court for the county in which the majority of the mining or prospecting site is located or in which the majority of the exploration or bulk sampling will occur.
In the event of a power failure, tailing pipelines should be self draining to the tailings area or to an emergency spill area or - 2018 Legislature - 38 - LRB-4118/1 MCP:all ASSEMBLY BILL 499 SECTION 49 standby pumps and pipelines or standby power should be provided.
In the event of a power failure, tailing pipelines should be self draining to the tailings area or to an emergency spill area or standby pumps and pipelines or standby power should be provided.
NR 182.08 (2) (d) 8.
LRB-4762/1 - 2018 Legislature - 43 - MCP:all SECTION 53 ENGROSSED ASSEMBLY BILL 499 NR 182.08 (2) (d) 8.
NR 182.07 (1)portant aquatic habitat, such as class II trout stream or state scenic river, shall be indicated.
NR 182.07 (1.
SECTION 54.0Effective date.
Important aquatic habitat, such as class II trout stream or state scenic river, shall be indicated.
(1) Notwithstanding section 227.265 of the statutes, this act takes effect on the day after publication.
SECTION 54.Effective date.
(1) Notwithstanding section 227.265 of the statutes, this act takes effect on the first day of the 7th month beginning after publication.
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Action History

  1. Published 12-12-2017

  2. Report approved by the Governor on 12-11-2017. 2017 Wisconsin Act 134

  3. Presented to the Governor on 12-7-2017

  4. Report correctly enrolled on 11-27-2017

  5. Received from Senate concurred in

  6. Ordered immediately messaged

  7. Read a third time and concurred in, Ayes 19, Noes 14

  8. Rules suspended

  9. Ordered to a third reading

  10. Read a second time

  11. LRB correction (Assembly Amendment 6)

  12. LRB correction (Assembly Amendment 5)

  13. LRB correction (Assembly Amendment 1)

  14. Printed engrossed by the direction of the Senate Chief Clerk-4762

  15. Placed on calendar 11-7-2017 pursuant to Senate Rule 18(1)

  16. Public hearing requirement waived by committee on Senate Organization, pursuant to Senate Rule 18 (1m), Ayes 3, Noes 2

  17. Withdrawn from joint committee on Finance and made Available for Scheduling by committee on Senate Organization, pursuant to Senate Rule 41 (1)(e), Ayes 5, Noes 0

  18. Referred to joint committee on Finance by Committee on Senate Organization pursuant to Senate Rule 41 (1)(e), Ayes 5, Noes 0

  19. Available for scheduling

  20. Read first time and referred to committee on Senate Organization

  21. Received from Assembly

  22. Ordered immediately messaged

  23. Read a third time and passed, Ayes 53, Noes 38, Paired 6

  24. Rules suspended

  25. Ordered to a third reading

  26. Assembly Amendment 9 adopted

  27. Assembly Amendment 9 offered by Representative Spiros

  28. Assembly Amendment 8 laid on table, Ayes 57, Noes 35

  29. Assembly Amendment 8 offered by Representatives Sinicki, Shankland, Anderson, Hesselbein, Kolste, Ohnstad, C. Taylor, Vruwink, Sargent, Subeck, Doyle and Hebl

  30. Assembly Amendment 7 withdrawn and returned to author

  31. Assembly Amendment 7 offered by Representative Spiros

  32. Assembly Amendment 6 adopted

  33. Assembly Amendment 5 adopted

  34. Assembly Amendment 4 adopted

  35. Assembly Amendment 3 adopted

  36. Assembly Amendment 2 adopted

  37. Assembly Amendment 1 adopted

  38. Read a second time

  39. Placed on calendar 11-2-2017 by Committee on Rules

  40. Referred to committee on Rules

  41. Report passage as amended recommended by Committee on Labor, Ayes 6, Noes 3

  42. Report Assembly Amendment 6 adoption recommended by Committee on Labor, Ayes 6, Noes 3

  43. Report Assembly Amendment 5 adoption recommended by Committee on Labor, Ayes 6, Noes 3

  44. Report Assembly Amendment 4 adoption recommended by Committee on Labor, Ayes 6, Noes 3

  45. Report Assembly Amendment 3 adoption recommended by Committee on Labor, Ayes 6, Noes 3

  46. Report Assembly Amendment 2 adoption recommended by Committee on Labor, Ayes 6, Noes 3

  47. Report Assembly Amendment 1 adoption recommended by Committee on Labor, Ayes 6, Noes 3

  48. Executive action taken

  49. Public hearing held

  50. Assembly Amendment 6 offered by Representative Hutton

  51. Assembly Amendment 5 offered by Representative Hutton

  52. Assembly Amendment 4 offered by Representative Hutton

  53. Assembly Amendment 3 offered by Representative Hutton

  54. Assembly Amendment 2 offered by Representative Hutton

  55. Assembly Amendment 1 offered by Representative Hutton

  56. Fiscal estimate received

  57. Fiscal estimate received

  58. Read first time and referred to Committee on Labor

  59. Introduced by Representatives Hutton, Kulp, Jarchow, Rodriguez, Horlacher, Quinn, Macco, Sanfelippo, Edming, Kremer, Gannon, Tauchen, Duchow, Kleefisch, Skowronski, Wichgers, Knodl, Bernier, Kooyenga, R. Brooks, Zimmerman and Brandtjen; cosponsored by Senators Tiffany, Fitzgerald, Darling, LeMahieu, Moulton, Feyen, Stroebel, Kapenga, Wanggaard, Craig, Lasee, Nass and Vukmir

Sponsors

Sponsorship breakdown

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22 sponsors · 0 co-sponsors · 110 not signed on · 11 voted No

Sponsors (22)

Co-sponsors (0)

None.

Not signed on (110)

110 members have not signed on to this bill.

Show all 110 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Read a third time and passed, Ayes 53, Noes 38, Paired 6

Passed 53 Yea · 38 Nay
Party YeaNayPresentNot Voting
Republican 26400
Democrat 0700
Unaffiliated 272700
Total 533800
% of votes cast 58%42%0%0%
How each member voted (91)
Member Party Vote
BALLWEG — Yea
BARCA — Nay
BERCEAU — Nay
BERNIER — Yea
BOWEN — Nay
BRANDTJEN — Yea
BROSTOFF — Nay
CONSIDINE — Nay
CROWLEY — Nay
EDMING — Yea
FIELDS — Nay
GENRICH — Nay
GOYKE — Nay
HEBL — Nay
HINTZ — Nay
HORLACHER — Yea
JARCHOW — Yea
KATSMA — Yea
KERKMAN — Yea
KESSLER — Nay
KLEEFISCH — Yea
KOLSTE — Nay
KREMER — Yea
KUGLITSCH — Yea
KULP — Yea
LOUDENBECK — Yea
MACCO — Yea
MASON — Nay
MEYERS — Nay
MILROY — Nay
NERISON — Yea
NYGREN — Yea
OHNSTAD — Nay
OTT — Yea
PETRYK — Yea
POPE — Nay
RIEMER — Nay
RIPP — Yea
ROHRKASTE — Yea
SARGENT — Nay
SCHRAA — Yea
SHANKLAND — Nay
SKOWRONSKI — Yea
STEINEKE — Yea
STUCK — Nay
TAUCHEN — Yea
THIESFELDT — Yea
VRUWINK — Nay
WACHS — Nay
WEATHERSTON — Yea
YOUNG — Nay
ZAMARRIPA — Nay
ZEPNICK — Nay
SPEAKER — Yea
Anderson, Clinton Democrat Nay
Billings, Jill Democrat Nay
Hesselbein, Dianne Democrat Nay
Sinicki, Christine Democrat Nay
Spreitzer, Mark Democrat Nay
Subeck, Lisa Democrat Nay
Taylor, Sequanna Democrat Nay
Allen, Scott Republican Yea
Born, Mark Republican Yea
Brooks, Robert Republican Yea
Brooks, Robert Republican Yea
Duchow, Cindi Republican Yea
Felzkowski, Mary Republican Yea
Hutton, Rob Republican Yea
Jacque, André Republican Yea
Jagler, John Republican Yea
Knodl, Daniel Republican Yea
Krug, Scott Republican Yea
Murphy, David Republican Yea
Mursau, Jeffrey Republican Nay
Neylon, Adam Republican Yea
Novak, Todd Republican Nay
Petersen, Kevin Republican Yea
Pronschinske, Treig Republican Yea
Quinn, Romaine Republican Yea
Rodriguez, Jessie Republican Yea
Snyder, Patrick Republican Nay
Spiros, John Republican Yea
Stafsholt, Rob Republican Yea
Steffen, David Republican Yea
Summerfield, Rob Republican Yea
Swearingen, Rob Republican Yea
Tittl, Paul Republican Yea
Tranel, Travis Republican Nay
Tusler, Ron Republican Yea
Wichgers, Chuck Republican Yea
Zimmerman, Shannon Republican Yea

Official roll call →

Subjects

environment agriculture
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Frequently asked questions

Who sponsors AB 499?
AB 499 is sponsored by Kleefisch, Hutton, Rob (Republican), Sanfelippo, Brandtjen, Kremer, Skowronski, Jarchow, Macco, Horlacher, Duchow, Cindi (Republican), Gannon, Quinn, Romaine (Republican), Kulp, Knodl, Daniel (Republican), Kooyenga, Zimmerman, Shannon (Republican), Rodriguez, Jessie (Republican), Wichgers, Chuck (Republican), Edming, Tauchen, Bernier, and Brooks, Robert (Republican).
What is the current status of AB 499?
This bill has been enacted into law. Introduced September 14, 2017. Enacted.
Where can I track AB 499?
Track AB 499 free on One Click Politics — get push/email alerts when it moves.

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