2019 - 2020 LEGISLATURE
February 5, 2020 - Introduced by Senator Hansen, cosponsored by Representative
Nygren. Referred to Committee on Natural Resources and Energy.
1An Act to amend
292.31 (1) (d) (intro.); and to create
25.17 (1) (kt), 25.46 (1) 2
(eb), 25.461, 36.50, 160.07 (7), 254.25, 281.15 (7), 281.17 (8) (c), 285.27 (2) (bm), 3
292.31 (1) (d) 1m., 292.66, 292.74 and 299.15 (2m) of the statutes; relating to:
4PFAS standards and grant programs, providing blood testing for certain
5individuals, requiring a cancer cluster study, extending the time limit for
6emergency rule procedures, providing an exemption from emergency rule
7procedures, and granting rule-making authority.
Analysis by the Legislative Reference Bureau
This bill requires the Department of Natural Resources to establish and enforce
various standards for perfluoroalkyl and polyfluoroalkyl 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).
Under current law, the Department of Health Services recommends
groundwater enforcement standards for substances that have a reasonable
probability of entering the groundwater resources of the state and that are shown to
involve public health concerns, which DNR then proposes as DNR rules in its
rule-making process. This bill requires DNR to create emergency rules establishing
groundwater standards for PFOA and PFOS, as well as any other PFAS for which
DHS submits a recommended groundwater enforcement standard.
In addition, the bill requires DNR to establish surface water quality standards
and maximum contaminant level drinking water standards for any PFAS for which
DHS has submitted a recommended groundwater enforcement standard. DNR must
also establish air emission standards for any known PFAS to provide adequate
protection for public health and welfare, taking into account energy, economic, and
environmental impacts and other costs related to the emission source. The bill also
requires DNR to consider all PFAS to be air contaminants and to require reporting
of any emission of PFAS.
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
or who causes the discharge of 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. This
financial responsibility requirement does not apply to a municipality, fire
department, fire district, water utility, wastewater utility, or the state.
In addition, the bill requires the University of Wisconsin Board of Regents to
provide a grant to a campus designated by the board to conduct research into
technologies for destroying PFAS.
The bill also creates a PFAS municipal grant program, under which DNR must
provide grants to municipalities to address PFAS contamination when the party
responsible for the contamination is unknown, cannot be found, or is unable to pay
for the activities funded under the grant. DNR may also provide grants to
municipalities that are responsible parties under certain circumstances. Under the
bill, grants provided under this program may be used to investigate potential PFAS
environmental pollution or a potential PFAS discharge, treat or dispose of PFAS fire
fighting foam containers from a municipal site or facility, sample a private water
supply within three miles of a site or facility known to contain PFAS, provide a
temporary emergency water supply, a water treatment system, or bulk water to
replace water contaminated with PFAS, or remediate a PFAS discharge or PFAS
environmental pollution. A municipality that receives a grant must provide
matching funds or in-kind services in an amount equal to at least 20 percent of the
The bill also requires DHS to create and administer a pilot program to provide
free blood testing, beginning no later than September 1, 2020, for individuals living
on or near sites or facilities contaminated with PFAS or other toxic compounds in the
city of Marinette, the town of Peshtigo, the city of Peshtigo, or the town of Porterfield.
The bill further requires any party responsible for contamination of such a site or
facility to reimburse DNR for the cost of the testing; this money is then deposited into
the environmental fund. The bill also requires DHS to conduct a cancer cluster study
to investigate the incidence of PFAS-related cancers and other illnesses in the city
of Marinette, the town of Peshtigo, the city of Peshtigo, and the town of Porterfield.
The bill also creates a new segregated fund, designated as the PFAS action
fund, to collect all moneys received from settlement agreements in court actions, or
proposed actions, resulting from PFAS contamination.
In addition, the bill requires DNR to set criteria for certifying laboratories to
test for PFAS, and to certify laboratories that meet these criteria. These criteria
must be based on protocols established by the federal Environmental Protection
Agency and the federal Department of Defense. Before these criteria are set, the bill
allows DNR to require testing for PFAS to be done according to nationally recognized
Finally, the bill also 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:
25.17 (1) (kt) of the statutes is created to read:
(kt) PFAS action fund (s. 25.461);
25.46 (1) (eb) of the statutes is created to read:
(eb) The moneys received from reimbursements under s. 254.25 (3) 5
for environmental management.
25.461 of the statutes is created to read:
725.461 PFAS action fund.
There is established a separate nonlapsible trust 8
fund designated as the PFAS action fund, to consist of moneys that are received 9
under settlement agreements or orders in settlement of actions or proposed actions 10
for violations of chs. 280 to 299, or in settlement of actions initiated under 42 USC
, resulting from environmental contamination from a perfluoroalkyl or 12
36.50 of the statutes is created to read:
136.50 PFAS disposal research grant.
The board shall provide a grant to a 2
campus designated by the board to conduct research into technologies for destroying 3
perfluoroalkyl and polyfluoroalkyl substances.
160.07 (7) of the statutes is created to read:
The department shall use the procedure under s. 227.24 to 6
promulgate emergency rules establishing a groundwater enforcement standard for 7
any perfluoroalkyl or polyfluoroalkyl substance for which the department receives 8
a recommendation from the department of health services under sub. (3). The 9
department shall promulgate emergency rules under this subsection no later than 10
the first day of the 7th month beginning after the department receives the 11
recommendation from the department of health services. Notwithstanding s. 227.24 12
(1) (c) and (2), emergency rules promulgated under this subsection remain in effect 13
until 3 years after the effective date of this subsection .... [LRB inserts date], or the 14
date on which permanent rules take effect, whichever is sooner. Notwithstanding 15
s. 227.24 (1) (a) and (3), the department is not required to provide evidence that 16
promulgating a rule under this subsection as an emergency rule is necessary for the 17
preservation of public peace, health, safety, or welfare and is not required to provide 18
a finding of emergency for a rule promulgated under this subsection.
254.25 of the statutes is created to read:
20254.25 Blood testing pilot program for individuals living near
21contamination sites or facilities. (1)
In this section, “PFAS” means a 22
perfluoroalkyl or polyfluoroalkyl substance.
The department shall create and administer a pilot program to provide, at 24
no charge, beginning no later than September 1, 2020, blood testing for PFAS for 25
individuals living on or near sites or facilities contaminated by PFAS or any other
toxic compound in the city of Marinette, the town of Peshtigo, the city of Peshtigo, 2
and the town of Porterfield.
The department of natural resources is entitled to recover the costs of 4
testing under sub. (2) from any party responsible for contamination of the nearby site 5
or facility with PFAS or any other toxic compound. Reimbursements to the 6
department of natural resources under this subsection shall be credited to the 7
environmental fund for environmental management.
281.15 (7) of the statutes is created to read:
The department shall promulgate water quality standards for any 10
perfluoroalkyl or polyfluoroalkyl substance for which the department receives a 11
recommendation from the department of health services under s. 160.07 (3).
281.17 (8) (c) of the statutes is created to read:
(c) The department shall promulgate maximum contaminant level 14
drinking water standards for any perfluoroalkyl or polyfluoroalkyl substance for 15
which the department receives a recommendation from the department of health 16
services under s. 160.07 (3).
285.27 (2) (bm) of the statutes is created to read:
(bm) Standard for PFAS.
Emission standards for known 19
perfluoroalkyl or polyfluoroalkyl substances are needed to provide adequate 20
protection for public health and welfare under par. (b). The department shall 21
promulgate emission standards for any known perfluoroalkyl or polyfluoroalkyl 22
substances to provide adequate protection for public health and welfare, taking into 23
account energy, economic, and environmental impacts and other costs related to the 24
292.31 (1) (d) (intro.) of the statutes is amended to read:
(d) Access to information.
(intro.) Upon the request of any officer, 2
or authorized representative of the department, any person who 3
generated, transported, treated, stored,
or disposed of solid or hazardous waste 4which that
may have been disposed of at a site or facility under investigation by the 5
department and any person who generated solid or hazardous waste at a site or
6facility under investigation by the department that was transported to, treated at,
7stored at, or disposed of at another site, facility, or location
shall provide the officer, 8
or authorized representative access to any records or documents in that 9
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 12
facility that was transported to, treated at, stored at, or disposed of at another site, 13
facility, or location, and the dates and locations of these activities.
292.66 of the statutes is created to read:
15292.66 PFAS municipal grant program. (1) Definitions.
In this section:
(a) “PFAS” means a perfluoroalkyl or polyfluoroalkyl substance.
(b) “Responsible party” means a generator, an owner or operator, a transporter, 18
or a person who possesses or controls a PFAS that is discharged or disposed of or who 19
possesses or controls environmental pollution caused by PFAS, or a generator, an 20
owner or operator, a transporter, or a person who causes the discharge or disposal of 21
a PFAS or who causes environmental pollution caused by PFAS.
(a) The department shall administer a program to provide grants 23
to municipalities that are not responsible parties or that meet the requirements 24
under par. (b) for the purpose of conducting any of the eligible activities under sub. 25
(3). Except as provided under par. (b), the department may award a grant under this
subsection only if the responsible party is unknown, cannot be located, or is 2
financially unable to pay the cost of the eligible activity.
(b) The department may provide a grant to a municipality that is a responsible 4
party only if one of the following applies: