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Bills · 2017-2018 Regular Session

AB 499

Became law Official bill text Atom feed

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)

Administrative rules Bonds Environmental protection Mines, pits, and quarries Natural resources, department of — Administrative rules Natural resources, department of — Environmental protection Solid waste management Sureties Water — Pollution Wetland

  1. Introduced, completed
  2. Passes Assembly, completed
  3. Passes Senate, completed
  4. Governor signs, completed
  5. Law, completed

Unfamiliar terms? Glossary

What this bill does

Plain-language analysis by the nonpartisan Legislative Reference Bureau

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. Under current

law, the Department of Natural Resources regulates exploration, prospecting, and

mining for nonferrous metallic minerals.

Sulphide ore moratorium

This bill repeals the existing prohibition on issuing sulfide ore mining permits.

Current law prohibits DNR from issuing any permits for the purpose of mining a

sulfide ore body until DNR determines that 1) there is a mining operation in a

potentially acid-generating sulfide ore body in the United States or Canada that has

been in operation for at least ten years without resulting in the pollution of

groundwater or surface water from acid drainage or from the release of heavy metals;

and 2) there is a mining operation that operated in a potentially acid-generating

sulfide ore body in the United States or Canada that has been closed for at least ten

years without resulting in the pollution of groundwater or surface water from acid

drainage or from the release of heavy metals.

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. The bill does not

make changes to numerical groundwater standards.

Under current law, DNR establishes enforcement standards for certain

substances that contaminate groundwater. When determining whether a

groundwater enforcement standard at certain facilities, including mining or

prospecting operations, has been met or exceeded, the enforcement standard may

apply at any point beyond a three-dimensional design management zone (DMZ)

established by DNR by rule. Under DNR's current rules, for a nonferrous metallic

mining site the DMZ extends vertically from the land surface through all saturated

geological formations.

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. Under the

bill, for a nonferrous metallic mining or prospecting site, DNR may not apply

groundwater enforcement standards at any point deeper than that identified depth

for the site.

Wetlands

Pursuant to the laws of 1977, DNR promulgated rules designed to ensure that

metallic mining activities would result in a minimization of disturbance to wetlands

while taking into consideration the fact that, in siting some mining operations, it

may be virtually impossible to avoid impacts to wetlands. To help weigh and evaluate

What it would cost

Fiscal estimates filed by state agencies, as official PDFs

Sponsors

Introduced by: Bernier (R) , Brandtjen (R) , Duchow (R) , Edming (R) , Gannon (R) , Horlacher (R) , Hutton (R) , Jarchow (R) , Kleefisch (R) , Knodl (R) , Kooyenga (R) , Kremer (R) , Kulp (R) , Macco (R) , Quinn (R) , R. Brooks (R) , Rodriguez (R) , Sanfelippo (R) , Skowronski (R) , Tauchen (R) , Wichgers (R) , Zimmerman (R)

13 cosponsors

Craig (R) , Darling (R) , Feyen (R) , Fitzgerald (R) , Kapenga (R) , Lasee (R) , LeMahieu (R) , Moulton (R) , Nass (R) , Stroebel (R) , Tiffany (R) , Vukmir (R) , Wanggaard (R)

Votes

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

Passed 6–3 Oct 31, 2017 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

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

Passed 6–3 Oct 31, 2017 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

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

Passed 6–3 Oct 31, 2017 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

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

Passed 6–3 Oct 31, 2017 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

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

Passed 6–3 Oct 31, 2017 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

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

Passed 6–3 Oct 31, 2017 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Assembly: Report passage as amended recommended by Committee on Labor, Ayes 6, Noes 3

Passed 6–3 Oct 31, 2017 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Assembly: Assembly Amendment 8 laid on table, Ayes 57, Noes 35

Passed 57–35 Nov 2, 2017 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Assembly: PASSAGE

Passed 53–38 Nov 2, 2017 official source full page

Aye · 53

Not voting · 1

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

Passed 5–0 Nov 3, 2017 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Senate: 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

Passed 5–0 Nov 3, 2017 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

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

Passed 3–2 Nov 3, 2017 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Senate: CONCURRENCE

Passed 19–14 Nov 7, 2017 official source full page

Full history

  1. Sep 14, 2017 · Assembly

    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

  2. Sep 14, 2017 · Assembly

    Read first time and referred to Committee on Labor

  3. Sep 25, 2017 · Assembly

    Fiscal estimate received

  4. Sep 25, 2017 · Assembly

    Fiscal estimate received

  5. Oct 5, 2017 · Assembly

    Assembly Amendment 1 offered by Representative Hutton

  6. Oct 5, 2017 · Assembly

    Assembly Amendment 2 offered by Representative Hutton

  7. Oct 5, 2017 · Assembly

    Assembly Amendment 3 offered by Representative Hutton

  8. Oct 5, 2017 · Assembly

    Assembly Amendment 4 offered by Representative Hutton

  9. Oct 5, 2017 · Assembly

    Assembly Amendment 5 offered by Representative Hutton

  10. Oct 5, 2017 · Assembly

    Assembly Amendment 6 offered by Representative Hutton

  11. Oct 13, 2017 · Assembly

    Public hearing held

  12. Oct 31, 2017 · Assembly

    Executive action taken

  13. Oct 31, 2017 · Assembly

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

  14. Oct 31, 2017 · Assembly

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

  15. Oct 31, 2017 · Assembly

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

  16. Oct 31, 2017 · Assembly

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

  17. Oct 31, 2017 · Assembly

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

  18. Oct 31, 2017 · Assembly

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

  19. Oct 31, 2017 · Assembly

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

  20. Oct 31, 2017 · Assembly

    Referred to committee on Rules

  21. Oct 31, 2017 · Assembly

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

  22. Nov 2, 2017 · Assembly

    Read a second time

  23. Nov 2, 2017 · Assembly

    Assembly Amendment 1 adopted

  24. Nov 2, 2017 · Assembly

    Assembly Amendment 2 adopted

  25. Nov 2, 2017 · Assembly

    Assembly Amendment 3 adopted

  26. Nov 2, 2017 · Assembly

    Assembly Amendment 4 adopted

  27. Nov 2, 2017 · Assembly

    Assembly Amendment 5 adopted

  28. Nov 2, 2017 · Assembly

    Assembly Amendment 6 adopted

  29. Nov 2, 2017 · Assembly

    Assembly Amendment 7 offered by Representative Spiros

  30. Nov 2, 2017 · Assembly

    Assembly Amendment 7 withdrawn and returned to author

  31. Nov 2, 2017 · Assembly

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

  32. Nov 2, 2017 · Assembly

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

  33. Nov 2, 2017 · Assembly

    Assembly Amendment 9 offered by Representative Spiros

  34. Nov 2, 2017 · Assembly

    Assembly Amendment 9 adopted

  35. Nov 2, 2017 · Assembly

    Ordered to a third reading

  36. Nov 2, 2017 · Assembly

    Rules suspended

  37. Nov 2, 2017 · Assembly

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

  38. Nov 2, 2017 · Assembly

    Ordered immediately messaged

  39. Nov 3, 2017 · Senate

    Received from Assembly

  40. Nov 3, 2017 · Senate

    Read first time and referred to committee on Senate Organization

  41. Nov 3, 2017 · Senate

    Available for scheduling

  42. Nov 3, 2017 · Senate

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

  43. Nov 3, 2017 · Senate

    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

  44. Nov 3, 2017 · Senate

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

  45. Nov 3, 2017 · Senate

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

  46. Nov 3, 2017 · Senate

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

  47. Nov 7, 2017 · Senate

    LRB correction (Assembly Amendment 1)

  48. Nov 7, 2017 · Senate

    LRB correction (Assembly Amendment 5)

  49. Nov 7, 2017 · Senate

    LRB correction (Assembly Amendment 6)

  50. Nov 7, 2017 · Senate

    Read a second time

  51. Nov 7, 2017 · Senate

    Ordered to a third reading

  52. Nov 7, 2017 · Senate

    Rules suspended

  53. Nov 7, 2017 · Senate

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

  54. Nov 7, 2017 · Senate

    Ordered immediately messaged

  55. Nov 8, 2017 · Assembly

    Received from Senate concurred in

  56. Nov 27, 2017 · Assembly

    Report correctly enrolled on 11-27-2017

  57. Dec 7, 2017 · Assembly

    Presented to the Governor on 12-7-2017

  58. Dec 12, 2017 · Assembly

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

  59. Dec 12, 2017 · Assembly

    Published 12-12-2017