LRBs0074/1
MP/ZW/ES/SWB:skw&amn
2023 - 2024 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO SENATE BILL 312
June 20, 2023 - Offered by Senators Wimberger and Cowles.
SB312-SSA1,1,6 1An Act to renumber 281.58 (8e); to amend 281.61 (6) and 281.75 (7) (c) 2. a.;
2and to create 66.0811 (4), 196.49 (7), 281.58 (8e) (bm), 281.75 (5m), 292.315,
3292.32 and 292.34 of the statutes; relating to: programs and requirements to
4address perfluoroalkyl and polyfluoroalkyl substances and modifying
5administrative rules related to emergency utility services and test wells for
6community water systems.
Analysis by the Legislative Reference Bureau
This bill creates several new programs and requirements relating to PFAS,
which is defined in the bill to mean perfluorooctanesulfonic acid (PFOS),
perfluorooctanoic acid (PFOA), perfluorohexanesulfonic acid (PFHxS),
perfluorononanoic acid (PFNA), perfluoroheptanoic acid (PFHpA),
perfluorodecanoic acid (PFDA), and any other perfluoroalkyl or polyfluoroalkyl
substance for which a standard has been promulgated under state or federal law.
Certain provisions of the bill define PFAS to include additional substances.
Municipal PFAS grant program
The bill requires the Department of Natural Resources to create a municipal
PFAS grant program. For purposes of this program, “PFAS” is defined to also include

perfluoroalkyl and polyfluoroalkyl substances for which a health advisory level
(HAL) has been established by the Department of Health Services, if the HAL
received a public comment period of at least 30 days and a response to any written
comments that cited specific concerns, or by the federal Environmental Protection
Agency. Under the bill, the municipal PFAS grant program provides all of the
following grants:
1. Grants to municipalities (defined under current law as a city, town, village,
county, county utility district, town sanitary district, public inland lake protection
and rehabilitation district, or metropolitan sewage district) for PFAS testing at
municipal water systems and municipal wastewater treatment facilities, or for
reimbursement for such testing.
2. Grants to nonmunicipal entities regulated as public or community water
systems, distributed in equal shares up to $1,800, to test their drinking water supply
for PFAS, if required to do so by DNR, or for reimbursement for such testing.
3. Grants to privately owned landfills, in equal shares up to $15,000, to test for
the presence of PFAS in leachate.
4. Grants to municipalities to test for PFAS levels at municipally owned, leased,
managed, or contracted locations where PFAS may be present, including testing for
PFAS levels in leachate at landfills. These grants are not available to municipalities
that receive a grant under this program to test for PFAS at municipal water systems
and municipal wastewater treatment facilities. For these grants, DNR may require
matching funds of up to 20 percent from the applicant.
5. Grants to municipalities and privately owned landfills to dispose of
PFAS-containing biosolids or leachate at facilities that accept such biosolids or
leachate. For these grants, DNR may require matching funds of up to 20 percent
from the applicant and the grants may not be used for costs associated with
landspreading.
6. Grants for capital costs or debt service, including for facility upgrades or new
infrastructure, to municipalities that are small or disadvantaged or in which rates
for water or wastewater utilities will increase by more than 20 percent as a direct
result of steps taken to address PFAS contamination.
7. Grants to municipalities for capital costs or other costs related to PFAS that
are not otherwise paid from the segregated environmental improvement fund,
including costs for addressing landfills or other contaminated lands owned, leased,
managed, or contracted for by municipalities or costs incurred by fire departments;
or for costs incurred by public utilities or metropolitan sewerage districts for
pretreatment or other PFAS reduction measures in certain circumstances. For these
grants, DNR may require matching funds of up to 20 percent from the applicant.
For all of the grants provided under the municipal PFAS grant program, DNR
may not require a grant recipient to take any action to address PFAS unless PFAS
levels exceed any existing standard under state or federal law or unless state or
federal law otherwise allows DNR to require the grant recipient to take action. The
bill also prohibits DNR from publicly disclosing the results of any PFAS testing
conducted under this grant program unless DNR notifies the grant recipient at least
72 hours before publicly disclosing any test result, with certain exceptions.

Current law provides that whenever a state agency is authorized to provide
state funds to any county, city, village, or town for any purpose, funds may also be
granted by that agency to any federally recognized tribal governing body for the same
purpose.
Innocent landowner grant program
The bill also requires DNR to create an innocent landowner grant program to
provide grants to persons that own property with PFAS contamination if the
contamination is not the result of negligence or intentional conduct by the person or
if the person 1) spread, but did not generate, biosolids contaminated by PFAS; 2) is
a fire department or municipality responding to an emergency that required the use
of PFAS; or 3) is a solids waste disposal facility that accepted PFAS. The total amount
of grants awarded may not exceed $250,000 and DNR may require grant recipients
to provide matching funds of not more than 5 percent of the grant amount.
Limitations on DNR actions relating to PFAS
Under the bill, DNR may not require the owner of a brownfield property to test
for PFAS unless DNR has information that the property previously had a substantial
amount of uncontained PFAS. “Brownfield property” is defined to mean abandoned
or idle industrial or commercial facilities or sites or agricultural lands, the
expansion, development, or redevelopment of which is adversely affected by actual
or perceived environmental contamination. For purposes of the limitations
described here, “PFAS” also includes perfluoroalkyl and polyfluoroalkyl substances
for which a HAL has been established by the EPA, if the HAL is enforceable under
federal law.
Under the bill, DNR may not prevent, delay, or otherwise impede any
construction project or project of public works based on a presence of PFAS
contamination unless DNR determines that 1) the project poses a substantial risk
to public health or welfare, 2) there is a substantial risk that the project will create
worsening environmental conditions, or 3) the entity proposing to complete the
project is, as a result of negligence or intentional conduct, responsible for the original
contamination. “Public works” is defined to mean the physical structures and
facilities developed or acquired by a local unit of government or a federally
recognized American Indian tribe or band in this state to provide services and
functions for the benefit and use of the public, including water, sewerage, waste
disposal, utilities, and transportation, and privately owned landfills that accept
residential waste.
In addition, under the bill, if DNR conducts testing for PFAS under the current
spills law, DNR may not collect samples from lands not owned by the state without
written permission from the landowner to collect samples, to test those samples, and
to publicly disclose the results of that testing. DNR also may not publicly disclose
such PFAS testing results unless it notifies the landowner of the test results at least
72 hours before publicly disclosing them. In addition, DNR may not take any
enforcement action against a landowner based on the results of any PFAS testing
conducted on samples taken from lands not owned by the state unless PFAS levels
exceed any applicable limit under state or federal law or another applicable state or
federal law requires DNR to take enforcement action. In addition, DNR, or a

third-party contract by DNR, must respond in a timely manner to requests from any
person to conduct PFAS testing on samples taken from the person's property if
practicable and if funds are available to do so, if there is a reasonable belief that PFAS
contamination may be present on the property, and if existing information such as
public water supply testing data is not available. The bill also provides that, if DNR
believes that a project could not be prevented, delayed, or otherwise impeded under
the provisions of this bill but for a potential violation of a federal water quality
certification, DNR must seek an exemption to that water quality certification.
The bill also requires DNR, in the 2023-25 fiscal biennium, to increase its PFAS
testing activities.
Fire fighting foam
The bill requires DNR to survey or resurvey local fire departments about their
use and possession of PFAS-containing fire fighting foam, send communications and
information, and contract with a third party to collect PFAS-containing firefighting
foam.
Well compensation grant program
Under current law, an individual owner or renter of a contaminated private
well, subject to eligibility requirements, may apply for a grant from DNR to cover a
portion of the costs to treat the water, reconstruct the well, construct a new well,
connect to a public water supply, or fill and seal the well. The bill provides that a
grant for costs to treat the water may be used to cover the cost of a filtration device
and up to two replacement filters.
In addition, under the bill, if DNR determines that a claimant who is applying
for a grant under the well compensation grant program on the basis of PFAS
contamination would be eligible for a grant under the innocent landowner grant
program created under the bill, and funding under that program is available, DNR
may refer the claimant's application to that program instead of processing it under
the well compensation grant program.
Portable water treatment system pilot project
The bill requires DNR to contract with an entity to conduct a pilot project in
which PFAS-contaminated surface water is partially or fully diverted to a portable
treatment system and treated water is returned to the surface water. DNR and the
entity must conduct tests to evaluate the success of the pilot project.
Remedial action at sites contaminates by PFAS
The bill allows DNR, or a contracted third party, to begin response and remedial
actions, including site investigations, at any PFAS-contaminated site where a
responsible party has not been identified or the responsible party is unable to pay
for remediation. The bill directs DNR to prioritize response and remedial actions at
sites that have the highest levels of PFAS contamination and sites with the greatest
threats to public health or the environment because of PFAS.
Assistance for testing laboratories
The bill requires DNR and the Board of Regents of the University of Wisconsin
System to enter into a memorandum of understanding to ensure that the state
laboratory of hygiene provides guidance and other materials, conducts training, and

provides assistance to laboratories in this state that are certified to test for
contaminants other than PFAS in order for them to become certified to test for PFAS,
and to assist laboratories certified to test for PFAS in this state to reduce their testing
costs and shorten the timeline for receiving test results.
Under the bill, the Board of Regents, in coordination with DNR, may provide
grants to laboratories in this state that are certified to test for PFAS, or that are
seeking such certification, to assist with up to 40 percent of the costs of purchasing
equipment necessary for testing for PFAS.
The bill requires the state laboratory of hygiene to prepare a report on these
efforts and provide the report to the legislature.
PFAS studies and reporting
The bill requires DNR and the Board of Regents of the University of Wisconsin
System to enter into a memorandum of understanding to 1) study and analyze the
cost, feasibility, and effectiveness of different methods of treating PFAS before they
are released into a water system or water body; 2) conduct a cost-benefit analysis of
different options for disposing of biosolids or sludge that contains or may contain
PFAS; 3) study and analyze the cost, feasibility, and effectiveness of different
destruction and disposal methods for PFAS; 4) study and analyze the migration of
PFAS into the bay of Green Bay; 5) study and analyze the migration of PFAS into the
Wisconsin and Mississippi Rivers and their tributaries; 6) create a comprehensive,
interactive map showing all available PFAS testing data and, for each data point,
whether it exceeds any applicable state or federal standard for PFAS; and 7) conduct
any additional studies related to PFAS, as approved by the Joint Committee on
Finance. Such data may not contain any personally identifiable information unless
the entity to which the data applies is a municipal entity that is required to test and
disclose its results under state law.
DNR reporting requirements
The bill requires DNR to report to the legislature once every six months for a
period of three years to provide a detailed description of DNR's expenditures under
the bill and a detailed description of DNR's progress in implementing the provisions
of the bill.
Clean Water Fund Program and Safe Drinking Water Loan Program
Under current law, the Department of Administration and DNR administer the
Safe Drinking Water Loan Program (SDWLP), which provides financial assistance
to municipalities, and to the private owners of community water systems that serve
municipalities, for projects that will help the municipalities comply with federal
drinking water standards. DNR establishes a funding priority list for SDWLP
projects, and DOA allocates funding for those projects. Also under current law, DNR
administers the Clean Water Fund Program (CWFP), which provides financial
assistance to municipalities for projects to control water pollution, such as sewage
treatment plants.
Under the bill, if DNR, when ranking SDWLP or CWFP projects or determining
an applicant's eligibility for assistance under those programs, considers whether an
applicant that intends to extend service outside municipal boundaries because of
water contamination is “small” or “disadvantaged,” DNR must determine the

applicant to be small or disadvantaged if the area receiving the extended service
would normally be determined to be small or disadvantaged, regardless of whether
the existing service area would normally be determined to be small or
disadvantaged.
Public water utility projects
Under current law, a public utility may not engage in certain construction,
expansion, or other projects unless the Public Service Commission grants a
certificate of authority (CA) for the proposed project. Under the bill, if a water public
utility or a combined water and sewer public utility (water utility) fails to obtain a
CA before commencing a project for which one is required, PSC may not investigate,
impose a penalty against, or bring an action to enjoin the water utility if 1) the water
utility undertook the project in response to a public health concern caused by PFAS
or an emerging contaminant, the presence of which was unknown to the water utility
until shortly before it commenced the project and the contaminant or PFAS exceeded
or was close to exceeding an applicable state or federal standard, if such a standard
exists; 2) the water utility submits the appropriate application and supporting
documentation to PSC no later than six months after commencing the project; and
3) the total cost of the project is not greater than $2,000,000. The bill defines
“emerging contaminant” as a chemical or material characterized by a perceived,
potential, or real threat to human health or the environment and by a lack of, or
newly established, published standards.
In the PSC administrative code, the bill adds an emergency resulting from
water supply contamination to the circumstances under which PSC authorization is
not necessary prior to a utility beginning necessary repair work. The current
administrative code limits this to an emergency resulting from the failure of power
supply or from fire, storm, or similar events.
Use of revenue for PFAS source reduction measures
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