Currently, for metallic mining waste sites, in addition to the DMZ, DNR's rules
provide for a mandatory intervention boundary that is generally 150 feet from the
outer waste boundary. Under the rules, if a preventive action limit or an enforcement
standard is exceeded beyond the mandatory intervention boundary, DNR must
require a response by the operator.
This bill provides that DNR and an applicant for a mining permit may agree to
use a mandatory intervention boundary that is a longer distance, up to 600 feet, from
the outer waste boundary.
The bill also requires DNR to study whether, in connection with metallic
mining, groundwater standards should apply in an aquifer containing saline (salty)
water and to report its conclusions to the legislature.

Mining waste characterization
Current law requires DNR to promulgate rules for the identification and
regulation of metallic mining wastes. This bill requires DNR to adopt, in those rules,
standards of the American Society for Testing and Materials for testing and other
methodologies related to the evaluation of mining waste.
Occupation tax on mining
Under current law, the state imposes a net proceeds occupation tax on the
mining of metallic minerals in this state. The tax is based, generally, on a percentage
of net income from the sale of ore or minerals after certain mining processes have
been applied to the ore or minerals. The tax rates are annually adjusted to reflect
the change in gross national product. Gross national product, generally, measures
the output generated by U.S. enterprises, regardless of whether those enterprises
are located in this country.
Under this bill, instead of paying a net proceeds occupation tax based on net
income, a person who is mining ferrous minerals in this state would pay a tax equal
to $2.412 for each 2,240 pounds of ferrous minerals extracted from mines in this
state, based on a three-year average. The tax rate would be annually adjusted to
reflect the change in the gross domestic product.
Under current law, a person who intends to apply for a mining permit must
make three payments of $50,000 each to the investment and local impact fund.
Under the bill, a person who intends to apply for a mining permit must instead make
three payments of $100,000 each to the investment and local impact fund.
Under current law, the revenue collected from the net proceeds occupation tax
is deposited into the investment and local impact fund. The fund is managed by the
local impact fund board (the board). The revenue is then, generally, distributed to
the counties and municipalities in which metallic minerals are being mined. The bill
allows the board to provide grants to units of local government to prepare economic
impact studies related to sites at or near the units of local government on which
exploration or prospecting is being conducted for the potential mining of ferrous
minerals.
Under the bill, 70 percent of the revenue collected from the tax on extracting
ferrous metallic minerals in this state, as created in the bill, is deposited into the
investment and local impact fund and 30 percent of the revenue is used for a regional
Wisconsin diversification program that the bill requires the Wisconsin Economic
Development Corporation (WEDC) to establish. The bill authorizes WEDC to use
the moneys it receives for the regional Wisconsin diversification program for the
purpose of making business diversification grants or loans in coordination with
appropriate units of local government to businesses that are located in close
proximity to, but no more than 100 miles from, the site of a mine for ferrous metallic
minerals. The bill also authorizes WEDC to use those moneys for the purpose of
catastrophe abatement or response, as determined by WEDC.

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:
AB46,1 1Section 1. 20.192 (1) (g) of the statutes is created to read:
AB46,6,32 20.192 (1) (g) Regional Wisconsin diversification program. All moneys received
3under s. 70.395 (1e) for grants, loans, and disbursements under s. 238.14.
AB46,2 4Section 2. 70.375 (2) (a) of the statutes is amended to read:
AB46,6,125 70.375 (2) (a) In Except as provided in sub. (7), with respect to mines not in
6operation on November 28, 1981, there is imposed upon persons engaged in mining
7metalliferous minerals in this state a net proceeds occupation tax effective on the
8date on which extraction begins to compensate the state and municipalities for the
9loss of valuable, irreplaceable metalliferous minerals. The amount of the tax shall
10be determined by applying the rates established under sub. (5) to the net proceeds
11of each mine. The net proceeds of each mine for each year are the difference between
12the gross proceeds and the deductions allowed under sub. (4) for the year.
AB46,3 13Section 3. 70.375 (5) (intro.) of the statutes is amended to read:
AB46,6,1614 70.375 (5) Rates. (intro.) The Except as provided in sub. (7), the tax to be
15assessed, levied and collected upon persons engaging in mining metalliferous
16minerals in this state shall be computed at the following rates:
AB46,4 17Section 4. 70.375 (7) of the statutes is created to read:
AB46,7,318 70.375 (7) Per ton rate. (a) Notwithstanding subs. (2) and (5), for mines in
19operation after December 31, 2012, the tax assessed, levied, and collected from a
20person engaged in mining ferrous minerals in this state is an amount equal to $2.412
21for each 2,240 pounds of ferrous minerals extracted by the person from mines in this

1state, based on the average annual amount extracted during the current year and
2the previous 2 years, not including any year in which the person is not extracting
3ferrous minerals from mines in this state.
AB46,7,84 (b) Beginning in 2014, and in each year thereafter, the department shall change
5the dollar amount rate under par. (a) to reflect the percentage change in the gross
6domestic product implicit price deflator from the 4th quarter of the 2nd preceding
7year to the 4th quarter of the preceding year, as determined by the federal
8department of commerce.
AB46,5 9Section 5. 70.395 (1e) of the statutes is amended to read:
AB46,7,1810 70.395 (1e) Distribution. Fifteen days after the collection of the tax under ss.
1170.38 to 70.39, the department of administration, upon certification of the
12department of revenue, shall transfer the amount collected in respect to mines not
13in operation on November 28, 1981, to the investment and local impact fund, except
14that the department of administration shall transfer 70 percent of the amount
15collected from each person under s. 70.375 (7) to the investment and local impact
16fund and 30 percent of the amount collected from each person under s. 70.375 (7) to
17the appropriation under s. 20.192 (1) (g) for the regional Wisconsin diversification
18program under s. 238.14
.
AB46,6 19Section 6. 70.395 (2) (dc) 1. of the statutes is amended to read:
AB46,7,2320 70.395 (2) (dc) 1. Each person intending to submit an application for a mining
21permit shall pay $50,000 $100,000 to the department of revenue for deposit in the
22investment and local impact fund at the time that the person notifies the department
23of natural resources under s. 293.31 (1) of that intent.
AB46,7 24Section 7. 70.395 (2) (dc) 2. of the statutes is amended to read:
AB46,8,3
170.395 (2) (dc) 2. A person making a payment under subd. 1. shall pay an
2additional $50,000 $100,000 upon notification by the board that the board has
3distributed 50% of the payment under subd. 1.
AB46,8 4Section 8. 70.395 (2) (dc) 3. of the statutes is amended to read:
AB46,8,85 70.395 (2) (dc) 3. A person making a payment under subd. 2. shall pay an
6additional $50,000 $100,000 upon notification by the board that the board has
7distributed all of the payment under subd. 1. and 50% of the payment under subd.
82.
AB46,9 9Section 9. 70.395 (2) (g) (intro.) of the statutes is amended to read:
AB46,8,1210 70.395 (2) (g) (intro.) The board may distribute the revenues received by the
11investment and local impact fund
under sub. (1e) or proceeds thereof in accordance
12with par. (h) for the following purposes, as the board determines necessary:
AB46,10 13Section 10. 70.395 (2) (L) of the statutes is created to read:
AB46,8,1914 70.395 (2) (L) Notwithstanding any other provision under this subsection, the
15board may provide grants to local governmental units, as defined in s. 238.133 (1) (b),
16to prepare economic impact studies related to sites at or near the local governmental
17units on which exploration or prospecting is being conducted for the potential mining
18of ferrous minerals or that are the subject of a preapplication process for a permit to
19mine ferrous minerals.
AB46,11 20Section 11. 227.42 (4) of the statutes is amended to read:
AB46,8,2221 227.42 (4) This section does not apply if a hearing on the matter was conducted
22as a part of a hearing under s. 293.43 293.44.
AB46,12 23Section 12. 238.14 of the statutes is created to read:
AB46,8,25 24238.14 Regional Wisconsin diversification program. The corporation
25may use moneys appropriated under s. 20.192 (1) (g) only as follows:
AB46,9,7
1(1) The corporation may make a grant or loan of those moneys to a business that
2is located within 100 miles from the site of a mine for ferrous metallic minerals in
3this state, and the corporation shall give preference for that grant or loan to a
4business that is located in close proximity to the site of the mine. In making a grant
5or loan under this subsection, the corporation shall coordinate with an appropriate
6local governmental unit, as defined in s. 238.133 (1) (b), to make that grant or loan
7on a competitive basis for the purpose of business diversification.
AB46,9,10 8(2) The corporation may disburse those moneys for the purpose of catastrophe
9abatement or response related to a mine for ferrous metallic minerals, as determined
10by the corporation.
AB46,13 11Section 13. 281.93 (3) of the statutes is amended to read:
AB46,9,1312 281.93 (3) Mining hearing. Subsections (1) and (2) do not apply if a hearing
13on the matter is conducted as a part of a hearing under s. 293.43 293.44.
AB46,14 14Section 14. 283.63 (3) of the statutes is amended to read:
AB46,9,1615 283.63 (3) Subsections (1) and (2) do not apply if a hearing on the permit
16application is conducted as a part of a hearing under s. 293.43 293.44.
AB46,15 17Section 15. 285.81 (3) of the statutes is amended to read:
AB46,9,1918 285.81 (3) Mining hearing. Subsections (1) and (2) do not apply if a hearing
19on the matter is conducted as a part of a hearing under s. 293.43 293.44.
AB46,16 20Section 16. 289.05 (2) of the statutes is amended to read:
AB46,9,2521 289.05 (2) With the advice and comment of the metallic mining council, the
22department shall promulgate rules for the identification and regulation of metallic
23mining wastes. The rules promulgated to identify metallic mining wastes and to
24regulate the location, design, construction, operation and maintenance of facilities
25for the disposal of metallic mining wastes shall be in accordance with any or all of

1the provisions under this chapter and chs. 30 and 283. The rules shall take into
2consideration the special requirements of metallic mining operations in the location,
3design, construction, operation and maintenance of facilities for the disposal of
4metallic mining wastes as well as any special environmental concerns that will arise
5as a result of the disposal of metallic mining wastes. In promulgating the rules, the
6department shall give consideration to research, studies, data and recommendations
7of the U.S. environmental protection agency on the subject of metallic mining wastes
8arising from the agency's efforts to implement the resource conservation and
9recovery act. In the rules, the department shall adopt the standards of the American
10Society for Testing and Materials for testing and other methodologies related to the
11evaluation of mining waste. After the department promulgates rules adopting those
12standards, the department may modify or replace the rules to reflect new
13technologies or industry practices.
AB46,17 14Section 17. 289.27 (3) of the statutes is amended to read:
AB46,10,1915 289.27 (3) Nonapplicability. Notwithstanding sub. (2), this section does not
16apply if a hearing on the feasibility report is conducted as a part of a hearing under
17s. 293.43 293.44 and the time limits, notice and hearing provisions under that section
18supersede the time limits, notice and hearing provisions under s. 289.25 (2) and (3)
19and this section.
AB46,18 20Section 18. 289.29 (5) of the statutes is amended to read:
AB46,11,221 289.29 (5) Issuance of final determination of feasibility in certain
22situations involving utilities and mining.
If a determination of feasibility is
23identified in the listing specified in s. 196.491 (3) (a) 3. a., the issuance of a final
24determination of feasibility is subject to the time limit under s. 196.491 (3) (a) 3. b.
25If a determination of feasibility is required covered by a hearing under s. 293.43, the

1issuance of a final determination of feasibility is subject to the time limits under s.
2293.45 (2) or 293.49, whichever is applicable.
AB46,19 3Section 19. 289.645 (4) (g) of the statutes is created to read:
AB46,11,44 289.645 (4) (g) The recycling fee does not apply to prospecting or mining waste.
AB46,20 5Section 20. 293.31 (1) of the statutes is amended to read:
AB46,12,26 293.31 (1) Any person intending to submit an application for a prospecting or
7mining permit shall notify the department prior to the collection of data or
8information intended to be used to support the permit application. A person
9intending to submit an application for a mining permit shall provide notice under
10this subsection at least 12 months before filing that application.
Specific
11environmental data which would be pertinent to a specific prospecting or mining
12application, but which was obtained or collected or generated prior to the notice of
13intent to apply for a prospecting or mining permit, shall be submitted in writing to
14the department together with any substantiating background information which
15would assist the department in establishing the validity of the data. The department
16shall review the data and, if it concludes that the benefits of permitting the
17admission of the data outweigh the policy reasons for excluding it, and if the data is
18otherwise admissible, inform the person giving the notice of intent to prospect or
19mine that the data will be accepted by the department. Such exclusion shall not
20relate to general environmental information such as soil characteristics, hydrologic
21conditions and air and water data contained in publications, maps, documents,
22studies, reports and similar sources, whether public or private, not prepared by or
23for the applicant. Such exclusion shall likewise not relate to data which is otherwise
24admissible that is collected prior to notification under this subsection for purposes

1of evaluating another site or sites and which is not collected with intent to evade the
2provisions of this section.
AB46,21 3Section 21. 293.313 of the statutes is created to read:
AB46,12,4 4293.313 Collaboration. The department shall do all of the following:
AB46,12,6 5(1) Provide assistance to a person who provides notice under s. 293.31 during
6the processes under this subchapter.
AB46,12,9 7(2) Work with and consult with federally recognized American Indian tribes or
8bands in this state during the processes under this subchapter concerning proposed
9mining in which the tribes and bands have an interest.
AB46,12,12 10(3) Work with and provide assistance to other regulatory agencies, including
11local, state, and federal agencies, during the processes under this subchapter related
12to proposed mining in which the agencies have an interest.
AB46,12,17 13(4) After the department receives a notice under s. 293.31, seek to enter into
14a memorandum of understanding with any federal regulatory agency with
15responsibilities related to the potential mining operation covering timelines,
16sampling metrology, and any other issue of mutual concern related to processing an
17application for a mining permit.
AB46,12,20 18(5) Seek to take the lead in processes related to processing an application for
19a mining permit that are undertaken in coordination with federal regulatory
20agencies.
AB46,22 21Section 22. 293.35 (5) of the statutes is amended to read:
AB46,13,222 293.35 (5) If the department determines that a statement under s. 1.11 is
23required for consideration of an application for a prospecting permit to which s.
24293.42 does not apply
, the statement need not consider impacts unrelated to the

1proposed prospecting activity, other than the issue of unsuitability for surface
2mining, absent a certification under sub. (1).
AB46,23 3Section 23. 293.37 (2) (gm) of the statutes is created to read:
AB46,13,64 293.37 (2) (gm) A proposed irrevocable trust agreement to provide funds for
5activities to avoid or remedy any adverse environmental consequences from the
6mining operation.
AB46,24 7Section 24. 293.42 of the statutes is created to read:
AB46,13,10 8293.42 Process for certain prospecting permit applications. If the
9application for a prospecting permit shows that less 10,000 tons of material is
10proposed to be excavated, all of the following apply:
AB46,13,12 11(1) The department is not required to prepare a statement under s. 1.11 or an
12environmental analysis for consideration of the application.
AB46,13,15 13(2) The department shall hold a public informational hearing on the
14application in the county where the prospecting site, or the largest portion of the
15prospecting site, is located.
AB46,13,20 16(3) The hearing under sub. (2), shall cover, to the fullest extent possible, all
17other applications for approvals, licenses, and permits issued by the department that
18are needed to conduct the prospecting. The department shall inform the applicant
19as to the timely application date for all approvals, licenses, and permits issued by the
20department, so as to facilitate their consideration at the hearing.
AB46,13,23 21(4) The department shall approve the application for the prospecting permit,
22and issue the prospecting permit, or deny the application, under s. 293.45, no later
23than 60 days after the department determines that the application is complete.
AB46,14,6 24(5) For each approval, license, or permit, other than the prospecting permit,
25covered by the hearing under sub. (2), except for an approval, license, or permit for

1which federal law requires the opportunity for public comment or the ability to
2request a public hearing prior to issuance, the department shall approve the
3application and issue the approval, license, or permit or deny the application no later
4than 60 days after the department determines that the application for the
5prospecting permit is complete, notwithstanding any procedural provisions that
6would otherwise apply.
AB46,14,9 7(6) Notwithstanding s. 227.42, no person is entitled to a contested case hearing
8on a decision by the department on the prospecting permit or on another approval,
9license, or permit that is covered by the public informational hearing under sub. (2).
AB46,25 10Section 25. 293.43 (title) of the statutes is amended to read:
AB46,14,12 11293.43 (title) Hearings Public informational hearings on permit
12applications.
AB46,26 13Section 26. 293.43 (1) of the statutes is repealed and recreated to read:
AB46,14,1614 293.43 (1) Applicability. This section applies to all applications for mining
15permits and to those applications for prospecting permits to which s. 293.42 does not
16apply.
AB46,27 17Section 27. 293.43 (1m) of the statutes is amended to read:
AB46,15,218 293.43 (1m) Scope. (a) The hearing on the Before approving or denying the
19application for a
prospecting or mining permit shall cover, the department shall hold
20a public informational hearing covering
the application and, any statements
21environmental impact statement
prepared under s. 1.11 and, to the fullest extent
22possible, all other applications for approvals, licenses and permits issued by the
23department. The department shall inform the applicant as to the timely application
24date for all approvals, licenses and permits issued by the department, so as to

1facilitate the consideration of all other matters at the hearing on the prospecting or
2mining permits permit.
AB46,15,183 (b) Except as provided in this paragraph, for all department issued approvals,
4licenses and permits relating to prospecting or mining including solid waste
5feasibility report approvals and permits related to air and water, to be issued after
6April 30, 1980
, the notice, hearing and comment provisions, if any, and the time for
7issuance of decisions, shall be controlled by this section and ss. 293.44, 293.45, and
8293.49. If an applicant fails to make application for an approval, license or permit
9for an activity incidental to prospecting or mining in time for notice under this section
10to be provided, the notice and comment requirements, if any, shall be controlled by
11the specific statutory provisions with respect to that application. If notice under
12those specific statutory notice requirements can be given for consideration of the
13approval, license or permit at the hearing under this section, the application shall
14be considered at that hearing; otherwise, the specific statutory hearing provisions,
15if any, with respect to that application shall control. The substantive requirements
16for the issuance of any approval, permit or license incidental to prospecting or mining
17are not affected by the fact that a hearing on the approval, permit or license is
18conducted as part of a hearing under this section.
AB46,28 19Section 28. 293.43 (2) of the statutes is amended to read:
AB46,15,2220 293.43 (2) Location. The hearing under sub. (1m) shall be held in the county
21where the prospecting or mining site, or the largest portion of the prospecting or
22mining site, is located, but may subsequently be adjourned to other locations.
AB46,29 23Section 29. 293.43 (2m) of the statutes is created to read:
AB46,16,424 293.43 (2m) Meeting on preliminary environmental impact statement. Before
25issuing a final environmental impact statement for a mining permit or for a

1prospecting permit, if the department determines that an environmental impact
2statement is required under s. 1.11 for the prospecting permit, the department shall
3hold at least one informational meeting regarding its preliminary environmental
4impact statement.
AB46,30 5Section 30. 293.43 (3) (a) of the statutes is repealed.
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