Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB319 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 319
5	5	June 9, 2023 - Introduced by Representative ARMSTRONG. Referred to Committee
6	6	on Local Government.
7	7	*AUTHORS SUBJECT TO CHANGE*
8	8	AN ACT to amend 295.11 (6) (b); and to create 295.11 (6) (a) 6., 295.12 (3) (m)
9	9	and 295.16 (4) (k) of the statutes; relating to: asphalt or concrete plants at a
10	10	nonmetallic mining site and modifying and creating administrative rules
11	11	related to nonmetallic mining.
12	12	Analysis by the Legislative Reference Bureau
13	13	Under current law, all active mining sites for nonmetallic minerals such as sand
14	14	or gravel must have a valid reclamation permit from the county, city, village, or town
15	15	where the mine is located. Current law requires counties—and allows cities,
16	16	villages, and towns—to have in place a nonmetallic mining reclamation ordinance
17	17	to address how nonmetallic mining sites will be rehabilitated after mining
18	18	operations cease. Current law requires certain provisions to be included in such
19	19	ordinances, including a requirement for a mine operator to submit a reclamation
20	20	plan, pay annual fees, and provide proof of financial responsibility to meet
21	21	reclamation requirements.
22	22	This bill provides that an asphalt or concrete plant may be considered part of
23	23	a “nonmetallic mining site” that is subject to reclamation ordinances and rules,
24	24	including requirements relating to reclamation plans, fees, and financial
25	25	assurances. The bill also provides that, if an asphalt or concrete plant will be
26	26	included in a nonmetallic mining site, the reclamation plan for the site must include
27	27	the area where the plant will be located, where related structures and equipment or
28	28	stockpiles of materials will be located, and where related activities will take place.
29	29	However, under the bill, if such a plant remains in operation after the remainder of
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35	35	ASSEMBLY BILL 319
36	36	the mining site is closed and reclaimed, the plant is no longer subject to reclamation
37	37	ordinances and rules.
38	38	For further information see the state and local fiscal estimate, which will be
39	39	printed as an appendix to this bill.
40	40	The people of the state of Wisconsin, represented in senate and assembly, do
41	41	enact as follows:
42	42	SECTION 1. 295.11 (6) (a) 6. of the statutes is created to read:
43	43	295.11 (6) (a) 6. Areas where a plant or other facility for producing asphalt
44	44	pavement or concrete is located, where related structures and equipment or
45	45	stockpiles of materials are located, and where related activities take place.
46	46	SECTION 2. 295.11 (6) (b) of the statutes is amended to read:
47	47	295.11 (6) (b) “Nonmetallic mining site" does not include any area described in
48	48	par. (a) 1. to 5. that is not used for nonmetallic mining or for purposes related to
49	49	nonmetallic mining on or after October 14, 1997, or any area described in par. (a) 6.
50	50	that is not used on or after October 14, 1997.
51	51	SECTION 3. 295.12 (3) (m) of the statutes is created to read:
52	52	295.12 (3) (m) Except as provided in s. 295.16 (4) (k), if a plant or other facility
53	53	for producing asphalt pavement or concrete will operate at a nonmetallic mining site,
54	54	a requirement for the operator to include in the nonmetallic mining reclamation plan
55	55	the area where the plant or facility will be located, where related structures and
56	56	equipment or stockpiles of materials will be located, and where related activities will
57	57	take place.
58	58	SECTION 4. 295.16 (4) (k) of the statutes is created to read:
59	59	295.16 (4) (k) Any activities in areas where a plant or other facility for
60	60	producing asphalt pavement or concrete is located, where related structures and
61	61	equipment or stockpiles of materials are located, and where related activities take
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86	86	place, if the plant or other facility continues to operate after the closure and
87	87	reclamation of the remainder of the nonmetallic mining site.
88	88	SECTION 5. NR 135.02 (3) (m) of the administrative code is created to read:
89	89	NR 135.02 (3) (m) Any activities in areas where a plant or other facility for
90	90	producing asphalt pavement or concrete is located, where related structures and
91	91	equipment or stockpiles of materials are located, and where related activities take
92	92	place, if the plant or other facility continues to operate after the closure and
93	93	reclamation of the remainder of the nonmetallic mining site.
94	94	SECTION 6. NR 135.03 (16) (a) 7. of the administrative code is created to read:
95	95	NR 135.03 (16) (a) 7. Areas where a plant or other facility for producing asphalt
96	96	pavement or concrete is located, where related structures and equipment or
97	97	stockpiles of materials are located, and where related activities take place.
98	98	SECTION 7. NR 135.03 (16) (b) 3. of the administrative code is amended to read:
99	99	NR 135.03 (16) (b) 3. Areas Except as provided in par. (a) 7., areas previously
100	100	mined but used after 8 months following December 1, 2000 for a non-mining activity,
101	101	such as stockpiles of materials used for an industrial process unrelated to
102	102	nonmetallic mining.
103	103	SECTION 8. NR 135.03 (25) (b) 4. of the administrative code is amended to read:
104	104	NR 135.03 (25) (b) 4. Areas previously mined but used after 8 months following
105	105	December 1, 2000 for a non-mining activity, such as stockpiling of materials used for
106	106	an industrial activity such as an asphalt plant, concrete batch plant, a block and tile
107	107	operation or other industry that uses products produced from nonmetallic mining.
108	108	SECTION 9. NR 135.03 (25) (b) 6. of the administrative code is created to read:
109	109	NR 135.03 (25) (b) 6. Areas where a plant or other facility for producing asphalt
110	110	pavement or concrete is located, where related structures and equipment or
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138	138	stockpiles of materials are located, and where related activities take place, if the
139	139	plant or other facility continues to operate after the closure and reclamation of the
140	140	remainder of the nonmetallic mining site.
141	141	SECTION 10. NR 135.19 (2m) of the administrative code is created to read:
142	142	NR 135.19 (2m) ASPHALT AND CONCRETE PLANTS. Except as provided in s. NR
143	143	135.02 (3) (m), if a plant or other facility for producing asphalt pavement or concrete
144	144	will operate at a nonmetallic mining site, the reclamation plan shall include the area
145	145	where the plant or facility will be located, where related structures and equipment
146	146	or stockpiles of materials will be located, and where related activities will take place.
147	147	SECTION 11.0Effective dates. This act takes effect on the day after publication,
148	148	except as follows:
149	149	(1) ADMINISTRATIVE RULES. The treatment of administrative rules take effect as
150	150	provided in s. 227.265.
151	151	(END)
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