SB70,1420,1817 (d) Providing a temporary emergency water supply, a water treatment system,
18or bulk water to replace water contaminated with PFAS.
SB70,1420,2019 (e) Conducting emergency, interim, or remedial actions to mitigate, treat,
20dispose of, or remove PFAS contamination to the air, land, or waters of the state.
SB70,1420,2521 (f) Removing or treating PFAS in a public water system using the most
22cost-effective method to provide safe drinking water in areas where PFAS levels
23exceed the maximum contaminant level for PFAS under ch. 281 or an enforcement
24standard for PFAS under ch. 160 or where the state has issued a health advisory for
25PFAS.
SB70,1421,4
1(g) Sampling and testing water for PFAS contamination in a public, private, or
2tribal elementary or secondary school, a child care center that is licensed under s.
348.65, a child care program that is established or contracted for under s. 120.13 (14),
4or a child care provider that is certified under s. 48.651.
SB70,1421,8 5(5) Application. A municipality shall apply for a grant on a form prescribed
6by the department and shall include any information that the department finds
7necessary to determine the eligibility of the project, identify the funding requested,
8determine the priority of the project, and calculate the amount of a grant.
SB70,1421,10 9(6) Evaluation criteria. The department, in awarding grants under this
10section, shall consider all of the following criteria:
SB70,1421,1311 (a) The municipality's demonstrated commitment to performing and
12completing eligible activities, including the municipality's financial commitment
13and ability to successfully administer grants.
SB70,1421,1514 (b) The degree to which the project will have a positive impact on public health
15and the environment.
SB70,1421,1716 (c) Other criteria that the department finds necessary to prioritize the funds
17available for awarding grants.
SB70,1421,21 18(7) Matching funds. The department may not distribute a grant under this
19section unless the applicant contributes matching funds equal to at least 20 percent
20of the amount of the grant. Matching funds may be in the form of cash, in-kind
21contributions, or both.
SB70,2672 22Section 2672 . 292.74 of the statutes is created to read:
SB70,1422,12 23292.74 Financial responsibility for PFAS. The department may, if it
24determines doing so is necessary to protect human health or the environment,
25require a person who possesses or controls a perfluoroalkyl or polyfluoroalkyl

1substance to provide proof of financial responsibility for conducting emergency
2response actions, remedial actions, environmental repair, and long-term care to
3address contamination by a potential discharge of perfluoroalkyl or polyfluoroalkyl
4substances or environmental pollution that may be caused by a discharge of such
5substances. The department shall establish, by rule, the procedure for determining
6whether requiring a proof of financial responsibility is necessary to protect human
7health or the environment, and may establish requirements for types of financial
8responsibility, methods for calculating amounts of financial responsibility, access
9and default, bankruptcy notifications, and any other requirements the department
10determines are necessary under this section. The proof of financial responsibility
11required under this section shall be in addition to any other proof of financial
12responsibility or financial assurance required under this chapter.
SB70,2673 13Section 2673 . 299.15 (2m) of the statutes is created to read:
SB70,1422,1614 299.15 (2m) The department shall consider all known perfluoroalkyl or
15polyfluoroalkyl substances to be air contaminants for purposes of sub. (2) (a) 2. The
16reporting level for these substances is zero pounds per year.
SB70,2674 17Section 2674 . 299.44 of the statutes is created to read:
SB70,1422,18 18299.44 Sale and use of coal tar sealants. (1) Definitions. In this section:
SB70,1422,2219 (a) “Coal tar sealant product” means a surface-applied sealing product
20containing coal tar, coal tar pitch, coal tar pitch volatiles, or any variation assigned
21the Chemical Abstracts Service (CAS) number 65996-93-2, 65996-89-6, or
228007-45-2.
SB70,1422,2423 (b) “High PAH sealant product” means a surface-applied sealing product that
24contains more than 0.1 percent polycyclic aromatic hydrocarbons by weight.
SB70,1423,3
1(2) Prohibitions. (a) Beginning January 1, 2024, no person may sell or offer
2for sale a coal tar sealant product or high PAH sealant product, except as provided
3in sub. (3).
SB70,1423,54 (b) Beginning July 1, 2024, no person may apply a coal tar sealant product or
5high PAH sealant product, except as provided in sub. (3).
SB70,1423,7 6(3) Exemptions. The department may grant an exemption to the prohibitions
7under sub. (2) to any of the following upon written request:
SB70,1423,98 (a) A person who is researching the effects of a coal tar sealant product or high
9PAH sealant product on the environment.
SB70,1423,1110 (b) A person who is developing an alternative technology if the use of a coal tar
11sealant product or high PAH sealant product is required for research or development.
SB70,2675 12Section 2675. 299.65 of the statutes is created to read:
SB70,1423,18 13299.65 Commercial vessels subject to federal Vessel Incidental
14Discharge Act.
(1) (a) Subject to pars. (b) and (c), the owner or operator of any
15commercial vessel subject to the requirements of the federal Vessel Incidental
16Discharge Act under 33 USC 1322 (p) that has operated outside this state shall pay
17to the department, no later than 5 days prior to arriving in a port of this state, $650
18per arrival to a port of this state.
SB70,1423,2119 (b) The owner or operator of a commercial vessel engaged in coastwise trade
20that is subject to the requirements of 46 USC 55101 to 55103 may not be required
21to pay more than $3,250 in fees per calendar year under this subsection.
SB70,1423,2522 (c) The owner or operator of a commercial vessel that is subject to the
23requirements of the federal Vessel Incidental Discharge Act under 33 USC 1322 (p)
24may not be required to pay more than $3,250 in fees per calendar year under this
25subsection.
SB70,1424,5
1(2) The department may adjust the amount of the fee under sub. (1) (a) once
2every 5 years to account for any changes in the U.S. consumer price index for all
3urban consumers, U.S. city average, as determined by the U.S. department of labor
4for the month of October immediately preceding the date of adjustment, as provided
5under 33 USC 1322 (p) (9) (A) (iv) (III) (aa).
SB70,1424,7 6(3) The department shall credit all fees collected under sub. (1) (a) to the
7appropriation account under s. 20.370 (4) (aj).
SB70,2676 8Section 2676. 299.66 of the statutes is renumbered 299.66 (1).
SB70,2677 9Section 2677. 299.66 (2) of the statutes is created to read:
SB70,1424,1310 299.66 (2) (a) The department may enter into a memorandum of agreement
11with the U.S. Coast Guard concerning implementation and enforcement of the
12provisions of 33 USC 1322 and any regulations promulgated by the secretary of the
13U.S. department of homeland security under 33 USC 1322 (p) (5).
SB70,1424,1814 (b) If the department enters into a memorandum of agreement with the U.S.
15Coast Guard under par. (a), an employee or agent of the department may board and
16inspect any vessel that is subject to s. 299.65 to determine the state of compliance
17with the federal Vessel Incidental Discharge Act under 33 USC 1322 (p) and any
18regulations promulgated thereunder.
SB70,2678 19Section 2678 . 301.12 (2m) of the statutes is amended to read:
SB70,1424,2220 301.12 (2m) The liability specified in sub. (2) shall not apply to persons 17 and
21older
adults receiving care, maintenance, services, and supplies provided by prisons
22named in s. 302.01.
SB70,2679 23Section 2679 . 301.12 (14) (a) of the statutes is amended to read:
SB70,1425,924 301.12 (14) (a) Except as provided in pars. (b) and (c), liability of a person
25specified in sub. (2) or s. 301.03 (18) for care and maintenance of persons under 17

1years of age
minors in residential, nonmedical facilities such as group homes, foster
2homes, residential care centers for children and youth, and juvenile correctional
3institutions is determined in accordance with the cost-based fee established under
4s. 301.03 (18). The department shall bill the liable person up to any amount of
5liability not paid by an insurer under s. 632.89 (2) or (4m) or by other 3rd-party
6benefits, subject to rules that include formulas governing ability to pay promulgated
7by the department under s. 301.03 (18). Any liability of the resident not payable by
8any other person terminates when the resident reaches age 17 becomes an adult,
9unless the liable person has prevented payment by any act or omission.
SB70,2680 10Section 2680. 301.26 (4) (d) 2. of the statutes is amended to read:
SB70,1425,1811 301.26 (4) (d) 2. Beginning on July 1, 2019, and ending on June 30, 2020, the
12per person daily cost assessment to counties shall be $532 for care in a Type 1
13juvenile correctional facility, as defined in s. 938.02 (19), and $532 for care for
14juveniles transferred from a juvenile correctional institution under s. 51.35 (3).

15Beginning on July 1, 2021 2023, and ending on June 30, 2022 2024, the per person
16daily cost assessment to counties shall be $1,154 is $1,246 for care in a Type 1
17juvenile correctional facility, as defined in s. 938.02 (19), and $1,154 $1,246 for care
18for juveniles transferred from a juvenile correctional institution under s. 51.35 (3).
SB70,2681 19Section 2681. 301.26 (4) (d) 3. of the statutes is amended to read:
SB70,1426,620 301.26 (4) (d) 3. Beginning on July 1, 2020, and ending on December 31, 2020,
21the per person daily cost assessment to counties shall be $550 for care in a Type 1
22juvenile correctional facility, as defined in s. 938.02 (19), and $550 for care for
23juveniles transferred from a juvenile correctional institution under s. 51.35 (3).
24Beginning on January 1, 2021, and ending on June 30, 2021, the per person daily cost
25assessment to counties shall be $615 for care in a Type 1 juvenile correctional facility,

1as defined in s. 938.02 (19), and $615 for care for juveniles transferred from a juvenile
2correctional institution under s. 51.35 (3).
Beginning on July 1, 2022 2024, and
3ending on June 30, 2023 2025, the per person daily cost assessment to counties shall
4be $1,178
is $1,268 for care in a Type 1 juvenile correctional facility, as defined in s.
5938.02 (19), and $1,178 $1,268 for care for juveniles transferred from a juvenile
6correctional institution under s. 51.35 (3).
SB70,2682 7Section 2682 . 301.50 (1) of the statutes is amended to read:
SB70,1426,178 301.50 (1) In this section, “substantial parental relationship" means the
9acceptance and exercise of significant responsibility for the daily supervision,
10education, protection, and care of the child. In evaluating whether an individual has
11had a substantial parental relationship with the child, factors that may be
12considered include, but are not limited to, whether the individual has expressed
13concern for or interest in the support, care, or well-being of the child; whether the
14individual has neglected or refused to provide care or support for the child; and
15whether, with respect to an individual who is or may be the father a parent of the
16child, the individual has expressed concern for or interest in the support, care, or
17well-being of the mother during her parent who gave birth during pregnancy.
SB70,2683 18Section 2683 . 302.05 (title) of the statutes is amended to read:
SB70,1426,19 19302.05 (title) Wisconsin substance abuse earned release program.
SB70,2684 20Section 2684 . 302.05 (1) (am) (intro.) of the statutes is amended to read:
SB70,1427,321 302.05 (1) (am) (intro.) The department of corrections and the department of
22health services may designate a section of a mental health institute as a correctional
23treatment facility for the treatment of substance abuse use disorder of inmates
24transferred from Wisconsin state prisons. This section shall be administered by the
25department of corrections and shall be known as the Wisconsin substance abuse


1program. The department of corrections and the department of health services shall
2ensure that the residents at the institution and the residents in the substance abuse
3use disorder program:
SB70,2685 4Section 2685 . 302.05 (1) (b) of the statutes is amended to read:
SB70,1427,85 302.05 (1) (b) The department of corrections and the department of health
6services shall, at any correctional facility the departments determine is appropriate,
7provide a substance abuse use disorder treatment program for inmates for the
8purposes of the program described in sub. (3).
SB70,2686 9Section 2686 . 302.05 (1) (c) of the statutes is created to read:
SB70,1427,1210 302.05 (1) (c) 1. In this paragraph, “vocational readiness training program”
11means an educational, vocational, treatment, or other evidence-based training
12program to reduce recidivism.
SB70,1427,1513 2. The department shall, at any correctional facility the department
14determines is appropriate, provide vocational readiness training programs for the
15purposes of the program described in sub. (3).
SB70,2687 16Section 2687 . 302.05 (2) of the statutes is amended to read:
SB70,1427,1817 302.05 (2) Transfer to a correctional treatment facility for the treatment of a
18substance abuse use disorder shall be considered a transfer under s. 302.18.
SB70,2688 19Section 2688 . 302.05 (3) (a) 2. of the statutes is amended to read:
SB70,1427,2520 302.05 (3) (a) 2. If the inmate is serving a bifurcated sentence imposed under
21s. 973.01, the sentencing court decided under par. (e) or s. 973.01 (3g)
The department
22determines
that the inmate is eligible to participate in the earned release program
23described in this subsection. In making its determination, the department shall
24consider a decision of the sentencing court under s. 302.05 (3) (e), 2021 stats., or s.
25973.01 (3g), 2021 stats.
SB70,2689
1Section 2689. 302.05 (3) (b) of the statutes is amended to read:
SB70,1428,102 302.05 (3) (b) Except as provided in par. (d), if the department determines that
3an eligible inmate serving a sentence other than one imposed under s. 973.01 has
4successfully completed a substance use disorder treatment program described in
5sub. (1) (b) or a vocational readiness training program described in sub. (1) (c), the
6parole commission shall parole the inmate for that sentence under s. 304.06,
7regardless of the time the inmate has served. If the parole commission grants parole
8under this paragraph for the completion of a substance use disorder treatment
9program
, it shall require the parolee to participate in an intensive supervision
10program for drug abusers as a condition of parole.
SB70,2690 11Section 2690 . 302.05 (3) (c) 1. of the statutes is amended to read:
SB70,1428,1712 302.05 (3) (c) 1. Except as provided in par. (d), if the department determines
13that an eligible inmate serving the term of confinement in prison portion of a
14bifurcated sentence imposed under s. 973.01 has successfully completed a substance
15use disorder
treatment program described in sub. (1) (b) or a vocational readiness
16training program described in sub. (1) (c)
, the department shall inform the court that
17sentenced the inmate.
SB70,2691 18Section 2691 . 302.05 (3) (c) 2. (intro.) of the statutes is amended to read:
SB70,1428,2319 302.05 (3) (c) 2. (intro.) Upon being informed by the department under subd.
201. that an inmate whom the court sentenced under s. 973.01 has successfully
21completed a substance use disorder treatment program described in sub. (1) (b) or
22a vocational readiness training program described in sub. (1) (c)
, the court shall
23modify the inmate's bifurcated sentence as follows:
SB70,2692 24Section 2692 . 302.05 (3) (d) of the statutes is amended to read:
SB70,1429,3
1302.05 (3) (d) The department may place intensive sanctions program
2participants in a treatment program described in sub. (1) (b), but pars. (b) and (c) do
3not apply to those participants.
SB70,2693 4Section 2693 . 302.05 (3) (e) of the statutes is repealed.
SB70,2694 5Section 2694 . 302.085 of the statutes is created to read:
SB70,1429,7 6302.085 Treatment of a pregnant or postpartum person. (1) Definitions.
7In this section:
SB70,1429,88 (a) “Correctional facility” has the meaning given in s. 101.123 (1) (ac).
SB70,1429,119 (b) “Doula” means a nonmedical, trained professional who provides continuous
10physical, emotional, and informational support during pregnancy, labor, birth, and
11the postpartum period.
SB70,1429,1412 (c) “Doula services" means childbirth education and support services, including
13emotional, physical, and informational support provided during pregnancy, labor,
14birth, and the postpartum period.
SB70,1429,1615 (d) “Postpartum” means the period of time following the birth of an infant to
166 months after the birth.
SB70,1429,1817 (e) “Restrain” means to use a mechanical, chemical, or other device to constrain
18the movement of a person's body or limbs.
SB70,1429,25 19(2) Restraining a pregnant person. (a) A representative of a correctional
20facility may not restrain a person known to be pregnant unless the representative
21makes an individualized determination that restraints are reasonably necessary to
22ensure safety and security of the person, the staff of the correctional facility, other
23inmates, or the public. If such a determination is made, the representative may use
24only the least restrictive effective type of restraint that is most reasonable under the
25circumstances.
SB70,1430,5
1(b) A representative of a correctional facility may not restrain a person known
2to be pregnant while the person is being transported if the restraint is through the
3use of leg irons, waist chains or other devices that cross or otherwise touch the
4person's abdomen, or handcuffs or other devices that cross or otherwise touch the
5person's wrists when affixed behind the person's back.
SB70,1430,76 (c) A representative of a correctional facility may not place a person known to
7be pregnant in solitary confinement for any punitive purpose.
SB70,1430,98 (d) A representative of a correctional facility may restrain a person who is in
9labor or who has given birth in the preceding 3 days only if all of the following apply:
SB70,1430,1310 1. There is a substantial flight risk or some other extraordinary medical or
11security circumstance that requires restraints be used to ensure the safety and
12security of the person, the staff of the correctional or medical facility, other inmates,
13or the public.
SB70,1430,1514 2. The representative has made an individualized determination that
15restraints are necessary to prevent escape or ensure safety or security.
SB70,1430,1716 3. There is no objection to the use of restraints by the treating medical care
17provider.
SB70,1430,1918 4. The restraints used are the least restrictive effective type and are used in
19the least restrictive manner.
SB70,1430,2220 (e) All staff members who may come into contact with a pregnant or postpartum
21person at any correctional facility shall receive training on the requirements of this
22subsection on an annual basis.
SB70,1430,24 23(3) Treatment of a pregnant or postpartum person. A correctional facility
24shall ensure all of the following for every person incarcerated at the facility:
SB70,1430,2525 (a) That every woman under 50 years of age is offered testing for pregnancy.
SB70,1431,2
1(b) That every pregnant person is offered testing for sexually transmitted
2infections, including HIV.
SB70,1431,43 (c) That every pregnant person who is on a methadone treatment regimen be
4provided continuing methadone treatment.
SB70,1431,75 (d) That every pregnant person and every person who has given birth in the
6past 6 weeks is provided appropriate educational materials and resources related to
7pregnancy, childbirth, breastfeeding, and parenting.
SB70,1431,118 (e) That every pregnant person and every person who has given birth in the
9past 6 weeks has access to doula services if these services are provided by a doula
10without charge to the correctional facility or the incarcerated person pays for the
11doula services.
SB70,1431,1412 (f) That every pregnant person and every person who has given birth in the past
136 months has access to a mental health assessment and, if necessary, mental health
14treatment.
SB70,1431,1715 (g) That every pregnant person and every person who has given birth in the
16past 6 months who is determined to be suffering from a mental illness has access to
17evidence-based mental health treatment including psychotropic medication.
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