2019 - 2020 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO SENATE BILL 310
January 7, 2020 - Offered by Senators Miller and Hansen.
1An Act to amend
292.31 (1) (d) (intro.); and to create
20.370 (4) (aa), 20.370 (4) 2
(ab), 20.370 (4) (ad), 20.370 (4) (ae), 20.370 (4) (ak), 20.370 (6) (ca), 160.07 (4) 3
(f), 160.07 (7), 160.15 (4), 281.17 (8) (c), 285.27 (2) (bm), 292.31 (1) (d) 1m., 4
292.74, 299.15 (2m) and 299.48 of the statutes; relating to: regulating fire
5fighting foam that contains certain contaminants, setting standards for certain
6contaminants, providing information relating to off-site disposal of certain
7waste, extending the time limit for emergency rule procedures, providing an
8exemption from emergency rule procedures, granting rule-making authority,
9and making an appropriation.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
20.005 (3) (schedule) of the statutes: at the appropriate place, 11
insert the following amounts for the purposes indicated:
- See PDF for table
20.370 (4) (aa) of the statutes is created to read:
From the general fund, as a continuing 3
appropriation, the amounts in the schedule to create a model to assist in identifying 4
and prioritizing sites with likely contamination by perfluoroalkyl or polyfluoroalkyl 5
substances or environmental pollution caused by such substances.
20.370 (4) (ab) of the statutes is created to read:
— emergency responder survey.
From the general fund, 8
as a continuing appropriation, the amounts in the schedule to conduct a survey of 9
local and state emergency responders and the use of fire fighting foam containing 10
perfluoroalkyl or polyfluoroalkyl substances.
20.370 (4) (ad) of the statutes is created to read:
— general operations.
Biennially, from the general fund, 3
the amounts in the schedule for the administration and enforcement of activities 4
relating to perfluoroalkyl or polyfluoroalkyl substances.
20.370 (4) (ae) of the statutes is created to read:
Biennially, from the general fund, the 7
amounts in the schedule for sampling and testing leachate and groundwater from 8
landfills for perfluoroalkyl and polyfluoroalkyl substances.
20.370 (4) (ak) of the statutes is created to read:
— investigation and assistance.
From the general fund, 11
as a continuing appropriation, the amounts in the schedule for investigating 12
emerging contaminants that are perfluoroalkyl or polyfluoroalkyl substances and 13
providing temporary potable water or treatment systems when no responsible party 14
for a contamination is available.
20.370 (6) (ca) of the statutes is created to read:
(ca) Environmental aids — PFAS clean sweep grants.
As a 17
continuing appropriation, the amounts in the schedule to provide grants to 18
municipalities and fire departments for the creation and operation of programs 19
under s. 299.48 (3r).
160.07 (4) (f) of the statutes is created to read:
(f) In recommending an enforcement standard for a perfluoroalkyl 22
or polyfluoroalkyl substance, the department of health services may recommend 23
individual standards for each substance, a standard for these substances as a class, 24
or standards for groups of these substances.
160.07 (7) of the statutes is created to read:
If the department of health services recommends an enforcement 2
standard for a perfluoroalkyl or polyfluoroalkyl substance or a group or class of such 3
substances under this section, the department shall apply the standard as an interim 4
enforcement standard for that substance, including through sampling, monitoring, 5
and testing, and any other actions required by rules promulgated by the department, 6
unless emergency or permanent rules that establish an enforcement standard for 7
that substance are in effect.
160.15 (4) of the statutes is created to read:
Notwithstanding sub. (1), if an interim enforcement standard for a 10
perfluoroalkyl or polyfluoroalkyl substance is applied under s. 160.07 (7), the 11
department shall apply an interim preventive action limit for that substance of 20 12
percent of the concentration established as the interim enforcement standard, 13
unless emergency or permanent rules that establish a preventive action limit for that 14
substance are in effect.
281.17 (8) (c) of the statutes is created to read:
(c) If the department of health services recommends an enforcement 17
standard for a perfluoroalkyl or polyfluoroalkyl substance or a group or class of such 18
substances under s. 160.07, the department shall apply the standard as an interim 19
maximum contaminant level for public water systems, water suppliers, and 20
laboratories certified to analyze drinking water, in accordance with rules 21
promulgated by the department, unless emergency or permanent rules that 22
establish maximum contaminant levels for that substance are in effect.
285.27 (2) (bm) of the statutes is created to read:
(bm) Standard for PFAS.
The department shall determine whether 25
an emission standard for any known perfluoroalkyl or polyfluoroalkyl substance or
a group or class of such substances is needed to provide adequate protection for public 2
health or welfare under par. (b). If the department finds that the standard is needed 3
to provide adequate protection for public health or welfare, the department shall 4
promulgate an emission standard for that substance.
292.31 (1) (d) (intro.) of the statutes is amended to read:
(d) Access to information.
(intro.) Upon the request of any officer, 7
or authorized representative of the department, any person who 8
generated, transported, treated, stored,
or disposed of solid or hazardous waste 9which that
may have been disposed of at a site or facility under investigation by the 10
department and any person who generated solid or hazardous waste at a site or
11facility under investigation by the department that was transported to, treated at,
12stored at, or disposed of at another site, facility, or location
shall provide the officer, 13
or authorized representative access to any records or documents in that 14
person's custody, possession,
or control which relate to:
292.31 (1) (d) 1m. of the statutes is created to read:
(d) 1m. The type and quantity of waste generated at the site or 17
facility that was transported to, treated at, stored at, or disposed of at another site, 18
facility, or location, and the dates and locations of these activities.
292.74 of the statutes is created to read:
20292.74 Financial responsibility for PFAS.
The department may, if it 21
determines doing so is necessary to protect human health or the environment, 22
require a person who possesses or controls a perfluoroalkyl or polyfluoroalkyl 23
substance to provide proof of financial responsibility for conducting emergency 24
response actions, remedial actions, environmental repair, and long-term care to 25
address contamination by a potential discharge of perfluoroalkyl or polyfluoroalkyl
substances or environmental pollution that may be caused by a discharge of such 2
substances. The department shall establish, by rule, the procedure for determining 3
whether requiring a proof of financial responsibility is necessary to protect human 4
health or the environment, and may establish requirements for types of financial 5
responsibility, methods for calculating amounts of financial responsibility, access 6
and default, bankruptcy notifications, and any other requirements the department 7
determines is necessary under this section. The proof of financial responsibility 8
required under this section shall be in addition to any other proof of financial 9
responsibility or financial assurance required under this chapter.
299.15 (2m) of the statutes is created to read:
The department shall consider all known perfluoroalkyl or 12
polyfluoroalkyl substances to be air contaminants for purposes of sub. (2) (a) 2. The 13
reporting level for these substances is zero pounds per year.
299.48 of the statutes is created to read:
15299.48 Fire fighting foam containing PFAS. (1) Definitions.
In this 16
section, “PFAS” means a perfluoroalkyl or polyfluoroalkyl substance.
Except as provided under sub. (3), no person may use or 18
otherwise discharge, including for training purposes, a PFAS-containing fire 19
The prohibition under sub. (2) does not apply to the use or 21
discharge of a PFAS-containing fire fighting foam as part of an emergency fire 22
fighting or fire prevention operation.
A manufacturer shall clearly label any PFAS-containing fire 24
fighting foam sold or distributed for use in this state with the types and percentages 25
of PFAS contained in the foam. Any safety data sheet provided for a
PFAS-containing fire fighting foam sold or distributed for use in this state shall also 2
include the types and percentages of PFAS contained in the foam.
3(3m) Response actions.
A person who uses or discharges a PFAS-containing 4
fire fighting foam shall comply with ch. 292.
5(3r) PFAS clean sweep program.
The department shall administer a grant 6
program to assist municipalities and fire departments in creating and operating 7
local programs for the collection and disposal of PFAS-containing fire fighting foam.
Nothing in this section shall be construed as prohibiting the 9
manufacture, sale, or distribution of a PFAS-containing fire fighting foam.
The department shall promulgate rules to implement and 11
administer this section.
(1) Emergency rules for PFAS in drinking water, groundwater, surface
14water, solid waste, beds of navigable waters, and contaminated soil and sediment.
(a) The department of natural resources shall promulgate emergency rules 16
under s. 227.24 establishing acceptable levels and standards, performance 17
standards, monitoring requirements, and required response actions for any 18
perfluoroalkyl or polyfluoroalkyl substance or group or class of such substances, 19
which the department determines may be harmful to human health or the 20
environment, in drinking water under s. 281.17 (8); groundwater under ss. 160.07 21
(5) and 160.15; surface water from point sources under ss. 283.11 (4) and 283.21 and 22
from nonpoint sources under s. 281.16; air under s. 285.27 (2) (bm), if the standards 23
are needed to provide adequate protection for public health or welfare; solid waste 24
and solid waste facilities under chs. 289 and 291; beds of navigable waters under s. 25
30.20; and soil and sediment under chs. 289 and 292.
(b) The department of natural resources shall promulgate emergency rules 2
under s. 227.24 to add any perfluoroalkyl or polyfluoroalkyl substance or group or 3
class of such substances that the department determines may be harmful to human 4
health or the environment to the list of toxic pollutants under s. 283.21 (1) (a) for 5
purposes of setting toxic effluent standards or prohibitions under s. 283.11 (4); to add 6
to the list of hazardous constituents under s. 291.05 (4) any perfluoroalkyl or 7
polyfluoroalkyl substance or group or class of such substances for which the 8
department determines that the listing is necessary to protect public health, safety, 9
or welfare; and to administer and enforce ch. 292 in relation to remedial actions 10
involving perfluoroalkyl or polyfluoroalkyl substances or a group or class of such 11