Section 13.08. Expenditures.

 

(1)   Discretionary grants. Discretionary grants to alleviate metalliferous mining impacts may be applied towards the following purposes, in accordance with s. 70.395 (2) (g) , Stats.:

(a) Protective services, such as police and fire services associated with the construction and operation of the mining facility.

(b) Highways, as defined in s. 990.01 (12) , Stats., repaired or constructed as a consequence of the construction and operation of the mining facility.

(c) Studies and projects for local development.

(d) Monitoring the effects of the mining operations on the environment.

(e) Extraordinary community facilities and services provided as a result of mining activity.

(f) Legal counsel and technical consultants to represent and assist municipalities appearing before state agencies on matters relating to metalliferous mineral mining and for processing mining-related permits or other approvals required by the municipality.

(g) The preparation of area-wide community service plans which identify social, economic, educational, and environmental impacts associated with mining and which set forth a plan for minimizing the impacts.

(h) Local impact committee operations, under s. 293.33 , Stats.

(i) Other expenses associated with the construction and operation of the mining facility.

(j) Expenses attributable to a permanent or temporary closing of a mine including the cost of providing retraining and other educational programs designed to assist displaced workers in finding new employment opportunities and the cost of operating any job placement referral programs connected with the curtailment of mining operations in any area of this state.

(k) Provision of educational services in a school district.

(L) Expenses related to water monitoring and provision of water under s. 293.65 (5) , Stats., incurred by a city, town, or village.

(2)   Notice of intent payments. Once a notice of intent to collect data is filed pursuant to s. 293.31 (1) , Stats., funds disbursed up until 6 months after the signing of the local agreement according to s. 293.43 , Stats., in accordance with s. 70.395 (2) (fm) , Stats., may be spent for purposes directly in response to the negotiation of a local agreement, although the expenditure may be after the 6 month period, limited to:

(a) Facilitating communications with the mining company and state agencies.

(b) Analyzing the implications of the proposed mine.

(c) Reviewing and commenting on the mining reclamation plans, permit applications, the environmental impact statement, the notice of intent to collect data, or any other submittal to state agencies under the mining permit application and environmental review process.

(d) Developing written solutions to potential mining-induced growth problems.

(e) Developing and recommending priorities for local action.

(f) Legal counsel and technical consultants in the areas of transportation, utilities, economic, environmental, and social impacts, and municipal services in accordance with s. 70.395 (2) (fm) , Stats.

(g) Public participation activities directly related to the review of the proposed mining project by state agencies.

(h) Planning consultants.

(i) Preparation of areawide community service plans which identify social, economic, educational, and environmental impacts associated with mining and set forth a plan for minimizing the impacts.

(k) Necessary supplies and materials pertaining to the activities listed in this subsection.

(3)   Construction period payments. Once mine construction begins, funds disbursed in accordance with s. 70.395 (2) (d) 5. , Stats., may be spent for purposes directly in response to mine construction, limited to:

(a) Activities listed in sub. (2) (a) through (e) and (g) through (k) .

(b) Protective services, such as police and fire services.

(c) Repair and construction of highways, as defined in s. 990.01 (12) , Stats.

(d) Studies for local development.

(e) Monitoring the effects of the mine.

(f) Extraordinary services and facilities needed.

(g) Provision of educational services in a school district.

(h) Public service expansion and maintenance.

(i) Capital equipment and improvements.

(j) Legal counsel and technical consultants in accordance with s. 70.395 (2) (g) 6. and (hw) , Stats.

(k) Other expenses incurred as a direct result of mine construction.

(4)   Operation period payments. Once mining begins, discretionary payments made in accordance with s. 70.395 (2) (g) , Stats., and payments paid to counties in accordance with s. 70.395 (2) (d) 1. and 1m. , Stats., may be spent for mining related purposes, limited to:

(a) Activities listed in subs. (1) , (2) (a) through (e) and (g) through (k) , and (3) .

(b) Other expenses resulting directly from the mine.

(5)   Curtailment and cessation period payments. In preparation for either the permanent or temporary cessation of mining, discretionary payments made in accordance with s. 70.395 (2) (g) , Stats., and first dollar payments paid to counties in accordance with s. 70.395 (2) (d) 1. and 1m. , Stats., may be spent for mining related purposes limited to:

(a) Economic development activities.

(b) Planning consultants and projects.

(c) Monitoring the effects of the mine.

(d) Legal counsel and technical consultants pursuant to s. 70.395 (2) (g) 6. and (hw) , Stats.

(e) Analysis and implementation of plans to address economical, social, educational, and environmental impacts of the mine closing.

(f) Services needed in direct response to mine closing.

(g) Expenses attributable directly to the temporary or permanent closing of a mine.

(6)   Other mining-related costs. Municipalities may seek approval from the board for other mining-related projects not outlined in this section. Applications seeking expenditure approval shall contain:

(a) Documentation of a metallic mining impact.

(b) Documentation of need.

(c) Documentation that the proposal is well reasoned, cost effective, and will accomplish its purpose.

(7)   Special county expenditures. First dollar payments received by counties under s. Tax 13.06 (1) , may also be applied as follows:

(a) A county's first dollar payment may be placed in a county mining investment fund for investment by the state investment board or placed in a financial institution located in the state. Funds may be withdrawn to alleviate impacts associated with the closing of the mine in the county or the curtailment of mining activity in the county. If a county deposits funds in the county mining investment fund, withdrawals are subject to the restrictions contained in s. 25.65 , Stats. If a county deposits mining impact funds with a financial institution, withdrawals made within 10 years of deposit shall be subject to review and approval of the board. The county shall notify the board of withdrawals made 10 years after deposit. The county shall report annually to the board any deposits, withdrawal, and use of funds in that year.

(b) A maximum of $25,000 of a county's first dollar payment may be distributed to any town, city, or village in the county.

(c) For metalliferous mining related purposes as defined by the board, in addition to those listed in s. Tax 13.08 .

(8)   Other allowable expenditures. Discretionary grants and other funds disbursed by the board may be applied toward a variety of uses as they relate directly to a mining impact project. In general, costs for the compensation of personal services, costs of materials and supplies, travel, and other administrative costs are allowable. All expenditures shall comply with state and local laws, rules, and policies. Costs which shall not be allowed include:

(a) Costs incurred prior to, and after, the effective date of a discretionary grant period.

(b) Costs of social activities, ceremonies, amusements, and other entertainment.

(c) Costs incurred for lobbying members of the legislature or other legislative activities.

(d) Costs incurred which are not directly related to the eligible funding activities listed in this chapter.

(9)   Mining-related purposes. Except for any first dollar payments to a city, village, town, or Native American community, all funds distributed to a municipality by the board shall be used for mining-related purposes, in accordance with s. 70.375 (1) (bm) , Stats.

History: Cr. Register, November, 1982, No. 323 , eff. 12-1-82; r. and recr. Register, February, 1986, No. 362 , eff. 3-1-86; am. (1) (intro.), renum. (2) and (3) to be (7) and (8) and am., r. (4) and (5), cr. (2) to (6), Register, September, 1986, No. 369 , eff. 10-1-86; emerg. am. (2) (intro.), (f) and (7) (a), eff. 2-14-92; emerg. am. (2) (intro.) (c), (f), (3) (a), (4) (a) and (7) (a), renum. (3) (j) to be (3) (k), cr. (3) (j), eff. 5-17-93; am. (1) (intro.), (2) (intro.) (c), (f), (3) (a), (4) (a), (7) (a) and (b), renum. (1) 11. to be (1) (k), renum. (3) (j) to be (3) (k), cr. (1) (L), (3) (j) and (9), Register, August, 1993, No. 452 , eff. 9-1-93; corrections in (1) (h), (L), and (2) (intro.) made under s. 13.93 (2m) (b) 7., Stats., Register September 2006 No. 609 .