2019 - 2020 LEGISLATURE
June 27, 2019 - Introduced by Representatives Nygren, Sargent, Ballweg,
Felzkowski, Gundrum, James, Krug, Mursau, Novak, Oldenburg,
Skowronski, Spiros, Tusler, Wichgers, Zimmerman and Brooks, cosponsored
by Senators Cowles and Petrowski. Referred to Committee on Environment.
1An Act to create
299.48 of the statutes; relating to: regulating fire fighting
2foam that contains certain contaminants and granting rule-making authority.
Analysis by the Legislative Reference Bureau
This bill prohibits the use of fire fighting foams that are designed for use on a
flammable liquid fire and that contain intentionally added perfluoroalkyl or
polyfluoroalkyl substances (PFAS), unless used in emergency fire fighting or fire
prevention operations; or unless used for testing purposes if the testing facility has
in place appropriate containment, treatment, and disposal measures, as determined
by rule by the Department of Natural Resources. A person who violates this
prohibition is subject to the same penalty that applies under current law to other
general environmental provisions, which is a forfeiture of between $10 and $5,000
for each violation.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
299.48 of the statutes is created to read:
4299.48 Fire fighting foam containing PFAS. (1) Definitions.
In this 5
(a) “Class B fire fighting foam” means a foam designed for use on a flammable 2
(b) “PFAS” means a perfluoroalkyl or polyfluoroalkyl substance.
Except as provided under sub. (3), no person may use or 5
otherwise discharge, including for training purposes, a class B fire fighting foam that 6
contains intentionally added PFAS.
The prohibition under sub. (2) does not apply to any of the 8
(a) The use or discharge of a class B fire fighting foam that contains 10
intentionally added PFAS as part of an emergency fire fighting or fire prevention 11
(b) The use of class B fire fighting foam that contains intentionally added PFAS 13
for testing purposes, including calibration testing, conformance testing, or fixed 14
system testing, if the testing facility has implemented appropriate containment, 15
treatment, and disposal measures to prevent releases of the foam to the 16
Nothing in this section shall be construed as prohibiting the 18
manufacture, sale, or distribution of a class B fire fighting foam that contains 19
intentionally added PFAS.
The department shall promulgate rules to implement and 21
administer this section, including to determine appropriate containment, treatment, 22
and disposal measures for testing facilities under sub. (3) (b).
(1) The department of natural resources shall use the procedure under s. 227.24 2
to promulgate rules under s. 299.48 (5) no later than the first day of the 7th month 3
beginning after the effective date of this subsection.
This act takes effect on the first day of the 7th 5
month beginning after publication, except as follows:
) of this act takes effect on the day after publication.