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LRB-2297/2
MCP:ahe&amn
2019 - 2020 LEGISLATURE
June 21, 2019 - Introduced by Senators Miller, Hansen, Risser, Larson, Wirch,
Erpenbach, Ringhand, Smith, Bewley, Shilling, Carpenter, Schachtner,
Johnson and L. Taylor, cosponsored by Representatives C. Taylor,
Gruszynski, Sargent, Sinicki, Anderson, Zamarripa, Stubbs, Stuck, Subeck,
Ohnstad, Kolste, Emerson, Spreitzer, Billings, Considine, Hebl, Vining
and Shankland. Referred to Committee on Natural Resources and Energy.
SB302,1,8 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), 160.07 (4) (f), 160.07 (7),
3160.15 (4), 281.17 (8) (c), 285.27 (2) (bm), 292.31 (1) (d) 1m., 292.74 and 299.15
4(2m) of the statutes; relating to: setting standards for certain contaminants,
5providing information relating to off-site disposal of certain waste, extending
6the time limit for emergency rule procedures, providing an exemption from
7emergency rule procedures, granting rule-making authority, and making an
8appropriation.
Analysis by the Legislative Reference Bureau
This bill requires the Department of Natural Resources to establish and enforce
various standards for per- and poly-fluoroalkyl substances (PFAS). The PFAS
group of substances includes several thousand chemicals; two of the most well known
are perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS).
The bill requires DNR to establish, by rule, acceptable levels and standards,
monitoring requirements, and required response actions for any PFAS in drinking
water, groundwater, surface water, air, solid waste, beds of navigable waters, and soil
and sediment, if the department determines that the substance may be harmful to
human health or the environment. These rules must cover, at a minimum, PFOA and

PFOS, as well as perfluorohexane sulfonic acid (PFHxS), perfluorononanoic acid
(PFNA), perfluorobutane sulfonic acid (PFBS), and perfluoroheptanoic acid
(PFHpA). For air emission standards, DNR must first determine that an emission
standard for a substance is needed to provide adequate protection for public health
and welfare, which is also required for other hazardous air contaminants under
current law. The bill also requires DNR to consider all PFAS to be air contaminants
and to require reporting of any emission of PFAS.
Under current law, DNR maintains a list of substances that have a reasonable
probability of entering the groundwater resources of the state and that are shown to
involve public health concerns. Under this bill, DNR is required to add to this list
PFOA, PFOS, PFHxS, PFNA, PFBS, PFHpA, and all other PFAS that have a
reasonable probability of entering the groundwater resources of the state and that
are shown to involve public health concerns. Under current law, the Department of
Health Services recommends enforcement standards for substances on this list,
which DNR then proposes as DNR rules in its rule-making process. Until DNR
establishes such rules, the bill requires DNR to apply any DHS-recommended
groundwater enforcement standard for any PFAS as an interim standard for
groundwater and as an interim maximum containment level for drinking water.
The bill also provides that DNR may, if it determines doing so is necessary to
protect human health or the environment, require a person who possesses or controls
PFAS to provide proof of financial responsibility for remediation and long-term care
to address contamination by a potential discharge of PFAS or environmental
pollution that may be caused by a discharge of PFAS.
In addition, the bill requires DNR to set criteria for certifying laboratories to
test for PFAS, and to certify laboratories that meet these criteria. Before these
criteria are set, the bill allows DNR to require testing for PFAS to be done according
to nationally recognized standards.
Finally, the bill requires a person who generates solid or hazardous waste at a
site or facility under investigation by DNR to provide DNR with access to information
relating to any transportation to or treatment, storage, or disposal at another site,
facility, or location.
For further information see the state 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:
SB302,1 1Section 1 . 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
2the following amounts for the purposes indicated: - See PDF for table PDF
SB302,2 1Section 2 . 20.370 (4) (aa) of the statutes is created to read:
SB302,3,52 20.370 (4) (aa) PFAS modeling. From the general fund, as a continuing
3appropriation, the amounts in the schedule to create a model to assist in identifying
4and prioritizing sites with likely contamination by perfluoroalkyl or polyfluoroalkyl
5substances or environmental pollution caused by such substances.
SB302,3 6Section 3 . 20.370 (4) (ab) of the statutes is created to read:
SB302,3,107 20.370 (4) (ab) PFAS emergency responder survey. From the general fund,
8as a continuing appropriation, the amounts in the schedule to conduct a survey of
9local and state emergency responders and the use of fire fighting foam containing
10perfluoroalkyl or polyfluoroalkyl substances.
SB302,4 11Section 4 . 20.370 (4) (ad) of the statutes is created to read:
SB302,3,1412 20.370 (4) (ad) PFAS general operations. Biennially, from the general fund,
13the amounts in the schedule for the administration and enforcement of activities
14relating to perfluoroalkyl or polyfluoroalkyl substances.
SB302,5
1Section 5. 20.370 (4) (ae) of the statutes is created to read:
SB302,4,42 20.370 (4) (ae) PFAS landfills. Biennially, from the general fund, the
3amounts in the schedule for sampling and testing leachate and groundwater from
4landfills for perfluoroalkyl and polyfluoroalkyl substances.
SB302,6 5Section 6 . 20.370 (4) (ak) of the statutes is created to read:
SB302,4,106 20.370 (4) (ak) PFAS investigation and assistance. From the general fund,
7as a continuing appropriation, the amounts in the schedule for investigating
8emerging contaminants that are perfluoroalkyl or polyfluoroalkyl substances and
9providing temporary potable water or treatment systems when no responsible party
10for a contamination is available.
SB302,7 11Section 7 . 160.07 (4) (f) of the statutes is created to read:
SB302,4,1512 160.07 (4) (f) In recommending an enforcement standard for a perfluoroalkyl
13or polyfluoroalkyl substance, the department of health services may recommend
14individual standards for each substance, a standard for these substances as a class,
15or standards for groups of these substances.
SB302,8 16Section 8. 160.07 (7) of the statutes is created to read:
SB302,4,2317 160.07 (7) If the department of health services recommends an enforcement
18standard for a perfluoroalkyl or polyfluoroalkyl substance or a group or class of such
19substances under this section, the department shall apply the standard as an interim
20enforcement standard for that substance, including through sampling, monitoring,
21and testing, and any other actions required by rules promulgated by the department,
22unless emergency or permanent rules that establish an enforcement standard for
23that substance are in effect.
SB302,9 24Section 9 . 160.15 (4) of the statutes is created to read:
SB302,5,6
1160.15 (4) Notwithstanding sub. (1), if an interim enforcement standard for a
2perfluoroalkyl or polyfluoroalkyl substance is applied under s. 160.07 (7), the
3department shall apply an interim preventive action limit for that substance of 20
4percent of the concentration established as the interim enforcement standard,
5unless emergency or permanent rules that establish a preventive action limit for that
6substance are in effect.
SB302,10 7Section 10. 281.17 (8) (c) of the statutes is created to read:
SB302,5,148 281.17 (8) (c) If the department of health services recommends an enforcement
9standard for a perfluoroalkyl or polyfluoroalkyl substance or a group or class of such
10substances under s. 160.07, the department shall apply the standard as an interim
11maximum contaminant level for public water systems, water suppliers, and
12laboratories certified to analyze drinking water, in accordance with rules
13promulgated by the department, unless emergency or permanent rules that
14establish maximum contaminant levels for that substance are in effect.
SB302,11 15Section 11. 285.27 (2) (bm) of the statutes is created to read:
SB302,5,2116 285.27 (2) (bm) Standard for PFAS. The department shall determine whether
17an emission standard for any known perfluoroalkyl or polyfluoroalkyl substance or
18a group or class of such substances is needed to provide adequate protection for public
19health or welfare under par. (b). If the department finds that the standard is needed
20to provide adequate protection for public health or welfare, the department shall
21promulgate an emission standard for that substance.
SB302,12 22Section 12 . 292.31 (1) (d) (intro.) of the statutes is amended to read:
SB302,6,623 292.31 (1) (d) Access to information. (intro.) Upon the request of any officer,
24employee, or authorized representative of the department, any person who
25generated, transported, treated, stored, or disposed of solid or hazardous waste

1which that may have been disposed of at a site or facility under investigation by the
2department and any person who generated solid or hazardous waste at a site or
3facility under investigation by the department that was transported to, treated at,
4stored at, or disposed of at another site, facility, or location
shall provide the officer,
5employee, or authorized representative access to any records or documents in that
6person's custody, possession, or control which relate to:
SB302,13 7Section 13 . 292.31 (1) (d) 1m. of the statutes is created to read:
SB302,6,108 292.31 (1) (d) 1m. The type and quantity of waste generated at the site or
9facility that was transported to, treated at, stored at, or disposed of at another site,
10facility, or location, and the dates and locations of these activities.
SB302,14 11Section 14 . 292.74 of the statutes is created to read:
SB302,7,2 12292.74 Financial responsibility for PFAS. The department may, if it
13determines doing so is necessary to protect human health or the environment,
14require a person who possesses or controls a perfluoroalkyl or polyfluoroalkyl
15substance to provide proof of financial responsibility for conducting emergency
16response actions, remedial actions, environmental repair, and long-term care to
17address contamination by a potential discharge of perfluoroalkyl or polyfluoroalkyl
18substances or environmental pollution that may be caused by a discharge of such
19substances. The department shall establish, by rule, the procedure for determining
20whether requiring a proof of financial responsibility is necessary to protect human
21health or the environment, and may establish requirements for types of financial
22responsibility, methods for calculating amounts of financial responsibility, access
23and default, bankruptcy notifications, and any other requirements the department
24determines is necessary under this section. The proof of financial responsibility

1required under this section shall be in addition to any other proof of financial
2responsibility or financial assurance required under this chapter.
SB302,15 3Section 15 . 299.15 (2m) of the statutes is created to read:
SB302,7,64 299.15 (2m) The department shall consider all known perfluoroalkyl or
5polyfluoroalkyl substances to be air contaminants for purposes of sub. (2) (a) 2. The
6reporting level for these substances is zero pounds per year.
SB302,16 7Section 16 . Nonstatutory provisions.
SB302,7,98 (1) Emergency rules for PFAS in drinking water, groundwater, surface
9water, solid waste, beds of navigable waters, and contaminated soil and sediment.
SB302,7,2010 (a) The department of natural resources shall promulgate emergency rules
11under s. 227.24 establishing acceptable levels and standards, performance
12standards, monitoring requirements, and required response actions for any
13perfluoroalkyl or polyfluoroalkyl substance or group or class of such substances,
14which the department determines may be harmful to human health or the
15environment, in drinking water under s. 281.17 (8); groundwater under ss. 160.07
16(5) and 160.15; surface water from point sources under ss. 283.11 (4) and 283.21 and
17from nonpoint sources under s. 281.16; air under s. 285.27 (2) (bm), if the standards
18are needed to provide adequate protection for public health or welfare; solid waste
19and solid waste facilities under chs. 289 and 291; beds of navigable waters under s.
2030.20; and soil and sediment under chs. 289 and 292.
SB302,8,621 (b) The department of natural resources shall promulgate emergency rules
22under s. 227.24 to add any perfluoroalkyl or polyfluoroalkyl substance or group or
23class of such substances that the department determines may be harmful to human
24health or the environment to the list of toxic pollutants under s. 283.21 (1) (a) for
25purposes of setting toxic effluent standards or prohibitions under s. 283.11 (4); to add

1to the list of hazardous constituents under s. 291.05 (4) any perfluoroalkyl or
2polyfluoroalkyl substance or group or class of such substances for which the
3department determines that the listing is necessary to protect public health, safety,
4or welfare; and to administer and enforce ch. 292 in relation to remedial actions
5involving perfluoroalkyl or polyfluoroalkyl substances or a group or class of such
6substances.
SB302,8,127 (c) Notwithstanding any finding required under par. (a) or (b), emergency rules
8promulgated under pars. (a) and (b) shall include, at a minimum, perfluorooctane
9sulfonic acid, perfluorooctanoic acid, perfluorohexane sulfonic acid,
10perfluorononanoic acid, perfluorobutane sulfonic acid, and perfluoroheptanoic acid
11and shall include provisions for enforcing these standards, including requiring
12sampling, monitoring, testing, and response actions.
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