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2019 - 2020 LEGISLATURE
ASSEMBLY AMENDMENT 2,
TO SENATE BILL 559
February 20, 2020 - Offered by Representative Swearingen.
SB559-AA2,1,11 At the locations indicated, amend the bill as follows:
SB559-AA2,1,4 21. Page 1, line 2: after “districts" insert “, PFAS laboratory standards, PFAS
3research and investigations, and providing an exemption from emergency rule
4procedures".
SB559-AA2,1,5 52. Page 2, line 2: after that line insert:
SB559-AA2,1,6 6 Section 2d. 36.25 (56) (a) 3. of the statutes is created to read:
SB559-AA2,1,127 36.25 (56) (a) 3. Studying, with schools of public health, PFAS, the human
8health effects of PFAS, the safe destruction and disposal of PFAS, and safe levels of
9PFAS in the human body, groundwater, and drinking water, and providing
10information relating to these studies to the public. In conducting the studies under
11this subdivision, the collaborative shall consult all available research and science.
12In this subdivision, “PFAS” means perfluoroalkyl or polyfluoroalkyl substances.
SB559-AA2,2k 13Section 2k. 36.25 (56) (f) of the statutes is created to read:
SB559-AA2,2,7
136.25 (56) (f) No later than January 1, 2021, the board shall submit a report
2showing the scientifically safe levels determined under par. (a) 3. to the chief clerk
3of each house of the legislature for distribution under s. 13.172 (3) to the standing
4committees having jurisdiction over matters regarding natural resources. The board
5may notify the chief clerk of the legislature if it needs additional time to complete the
6report under this paragraph, and the clerk shall notify the standing committees
7having jurisdiction over matters regarding natural resources.
SB559-AA2,2n 8Section 2n. 281.62 (5) of the statutes is created to read:
SB559-AA2,2,209 281.62 (5) The department shall, when no responsible party for contamination
10is available: test water samples for the presence of any perfluoroalkyl or
11polyfluoroalkyl substance for which the department has received a recommendation
12from the department of health services under s. 160.07 (3), in noncommunity water
13systems, as defined in sub. (1) (b), municipal water systems, as defined in s. 160.257
14(1) (c), and private wells for which the owner consents, that are in proximity to sites
15or facilities listed in the department's online Bureau for Remediation and
16Redevelopment Tracking System as containing perfluoroalkyl or polyfluoroalkyl
17contamination or as having discharged perfluoroalkyl or polyfluoroalkyl substances;
18investigate emerging contaminants that are perfluoroalkyl or polyfluoroalkyl
19substances in those areas; and provide temporary potable water or treatment
20systems in those areas.
SB559-AA2,2p 21Section 2p. Nonstatutory provisions.
SB559-AA2,2,2222 (1) Testing laboratories; emergency rules.
SB559-AA2,3,7 23(a) The department of natural resources shall use the procedure under s. 227.24
24to promulgate, no later than the first day of the 7th month beginning after the
25effective date of this paragraph, emergency rules establishing criteria for certifying

1laboratories to test for any perfluoroalkyl or polyfluoroalkyl substances, including
2the standards and methods for such testing, and shall certify laboratories that meet
3these criteria. Notwithstanding s. 227.24 (1) (a) and (3), the department of natural
4resources is not required to provide evidence that promulgating a rule under this
5paragraph as an emergency rule is necessary for the preservation of public peace,
6health, safety, or welfare and is not required to provide a finding of emergency for a
7rule promulgated under this paragraph.
SB559-AA2,3,10 8(b) Before emergency rules are promulgated under par. (a), the department of
9natural resources may require testing for a perfluoroalkyl or polyfluoroalkyl
10substance to be done according to any nationally recognized procedures.
SB559-AA2,3,16 11(c) Emergency rules promulgated under par. (a) for drinking water shall be
12based on federal environmental protection agency protocols, if any, for testing for
13perfluoroalkyl and polyfluoroalkyl substances. In promulgating emergency rules
14under par. (a) for nondrinking water, the department of natural resources shall take
15into consideration the latest version of the federal department of defense's Quality
16Systems Manual for Environmental Laboratories.
SB559-AA2,3,21 17(2) Biennial budget request. The 2021-23 biennial budget request to the
18department of administration from the department of natural resources shall
19include funding for addressing any perfluoroalkyl and polyfluoroalkyl substance for
20which the department has received a recommendation from the department of
21health services under s. 160.07 (3).
SB559-AA2,4,2 22(3) Recovery of costs. The department of natural resources is entitled to
23recover the costs of testing, investigations, and providing temporary potable water
24under s. 281.62 (5) from a responsible party who has used a fire fighting foam
25containing a substance for which the costs are incurred. Reimbursements to the

1department of natural resources under this subsection shall be credited to the
2environmental fund for environmental management.
SB559-AA2,4,4 3(4) Reconciliation provision. The treatment of s. 36.25 (56) (a) 3. and (f) is void
4if 2019 Assembly Bill 801 or 2019 Senate Bill 712 is not enacted.”.
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