2019 - 2020 LEGISLATURE
ASSEMBLY AMENDMENT 2,
TO SENATE BILL 559
February 20, 2020 - Offered by Representative Swearingen.
21. Page 1, line 2
: after “districts" insert “, PFAS laboratory standards, PFAS 3
research and investigations, and providing an exemption from emergency rule 4
36.25 (56) (a) 3. of the statutes is created to read:
(a) 3. Studying, with schools of public health, PFAS, the human 8
health effects of PFAS, the safe destruction and disposal of PFAS, and safe levels of 9
PFAS in the human body, groundwater, and drinking water, and providing 10
information relating to these studies to the public. In conducting the studies under 11
this subdivision, the collaborative shall consult all available research and science. 12
In this subdivision, “PFAS” means perfluoroalkyl or polyfluoroalkyl substances.
36.25 (56) (f) of the statutes is created to read:
(f) No later than January 1, 2021, the board shall submit a report 2
showing the scientifically safe levels determined under par. (a) 3. to the chief clerk 3
of each house of the legislature for distribution under s. 13.172 (3) to the standing 4
committees having jurisdiction over matters regarding natural resources. The board 5
may notify the chief clerk of the legislature if it needs additional time to complete the 6
report under this paragraph, and the clerk shall notify the standing committees 7
having jurisdiction over matters regarding natural resources.
281.62 (5) of the statutes is created to read:
The department shall, when no responsible party for contamination 10
is available: test water samples for the presence of any perfluoroalkyl or 11
polyfluoroalkyl substance for which the department has received a recommendation 12
from the department of health services under s. 160.07 (3), in noncommunity water 13
systems, 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 15
or facilities listed in the department's online Bureau for Remediation and 16
Redevelopment Tracking System as containing perfluoroalkyl or polyfluoroalkyl 17
contamination or as having discharged perfluoroalkyl or polyfluoroalkyl substances; 18
investigate emerging contaminants that are perfluoroalkyl or polyfluoroalkyl 19
substances in those areas; and provide temporary potable water or treatment 20
systems in those areas.
(1) Testing laboratories; emergency rules.
The department of natural resources shall use the procedure under s. 227.24 24
to promulgate, no later than the first day of the 7th month beginning after the 25
effective date of this paragraph, emergency rules establishing criteria for certifying
laboratories to test for any perfluoroalkyl or polyfluoroalkyl substances, including 2
the standards and methods for such testing, and shall certify laboratories that meet 3
these criteria. Notwithstanding s. 227.24 (1) (a) and (3), the department of natural 4
resources is not required to provide evidence that promulgating a rule under this 5
paragraph as an emergency rule is necessary for the preservation of public peace, 6
health, safety, or welfare and is not required to provide a finding of emergency for a 7
rule promulgated under this paragraph.
Before emergency rules are promulgated under par. (a), the department of 9
natural resources may require testing for a perfluoroalkyl or polyfluoroalkyl 10
substance to be done according to any nationally recognized procedures.
Emergency rules promulgated under par. (a) for drinking water shall be 12
based on federal environmental protection agency protocols, if any, for testing for 13
perfluoroalkyl and polyfluoroalkyl substances. In promulgating emergency rules 14
under par. (a) for nondrinking water, the department of natural resources shall take 15
into consideration the latest version of the federal department of defense's Quality 16
Systems Manual for Environmental Laboratories.
17(2) Biennial budget request
. The 2021-23 biennial budget request to the 18
department of administration from the department of natural resources shall 19
include funding for addressing any perfluoroalkyl and polyfluoroalkyl substance for 20
which the department has received a recommendation from the department of 21
health services under s. 160.07 (3).
22(3) Recovery of costs.
The department of natural resources is entitled to 23
recover the costs of testing, investigations, and providing temporary potable water 24
under s. 281.62 (5) from a responsible party who has used a fire fighting foam 25
containing a substance for which the costs are incurred. Reimbursements to the
department of natural resources under this subsection shall be credited to the 2
environmental fund for environmental management.
3(4) Reconciliation provision.
The treatment of s. 36.25 (56) (a) 3. and (f) is void 4
if 2019 Assembly Bill 801 or 2019 Senate Bill 712 is not enacted.”.