2025 WISCONSIN ACT 201
An Act to renumber 281.58 (8e); to amend 281.61 (6), 281.75 (7) (c) 2. a., 281.75 (11) (a) 5. and 292.11 (9) (e) 7.; to create 20.370 (1) (mw), 20.370 (6) (es), 20.370 (6) (et), 20.370 (6) (eu), 66.0811 (4), 196.49 (7), 281.58 (8e) (bm), 281.75 (1) (eg), 281.75 (1) (er), 281.75 (9m), 283.82 (4), 292.11 (9) (e) 1m. g., 292.11 (9) (g), 292.74 and 292.76 of the statutes; relating to: programs and requirements to address PFAS and modifying and creating administrative rules.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
201,1Section 1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: 201,2Section 2. 20.370 (1) (mw) of the statutes is created to read: 20.370 (1) (mw) General program operations — PFAS. As a continuing appropriation, from the PFAS fund, the amounts in the schedule for addressing and preventing perfluoroalkyl and polyfluoroalkyl substances contamination in this state.
201,3Section 3. 20.370 (6) (es) of the statutes is created to read: 20.370 (6) (es) Environmental aids — PFAS community grant program; PFAS fund. As a continuing appropriation, from the PFAS fund, the amounts in the schedule to provide financial assistance under s. 292.74 to municipalities for activities to address perfluoroalkyl and polyfluoroalkyl substances contamination.
201,4Section 4. 20.370 (6) (et) of the statutes is created to read: 20.370 (6) (et) Environmental aids — airport and industrial possessor PFAS grant program; PFAS fund. As a continuing appropriation, from the PFAS fund, the amounts in the schedule to provide financial assistance under s. 292.76 to eligible entities for activities to address perfluoroalkyl and polyfluoroalkyl substances contamination.
201,5Section 5. 20.370 (6) (eu) of the statutes is created to read: 20.370 (6) (eu) Environmental aids — compensation for well contamination and abandonment; PFAS fund. As a continuing appropriation, from the PFAS fund, the amounts in the schedule to provide financial assistance under s. 281.75 (9m) for wells contaminated with perfluoroalkyl or polyfluoroalkyl substances.
201,6Section 6. 66.0811 (4) of the statutes is created to read: 66.0811 (4) Notwithstanding subs. (2) and (3) and s. 66.0901 (11), a municipal public utility or a metropolitan sewerage district created under ch. 200 may use funds derived from its water or sewerage services for up to one-half the cost of pretreatment or other perfluoroalkyl and polyfluoroalkyl substances source reduction measures for an interconnected customer or other regular customer if the costs incurred are less than the costs of the upgrades otherwise required at the endpoint treatment facility and if the costs are approved by the governing body of the municipality or the metropolitan sewerage district.
201,7Section 7. 196.49 (7) of the statutes is created to read: 196.49 (7) With respect to a water public utility or a combined water and sewer public utility, the commission may not investigate, impose a penalty against, or bring an action to enjoin the public utility for failing to obtain a certificate of authority before commencing a project for which one is required under this section if all of the following apply:
(a) The public utility undertook the project in response to a public health concern caused by PFAS, as defined in s. 292.74 (1) (d), the presence of which was unknown to the public utility until shortly before it commenced the project, and the public utility provides evidence showing that the utility has exceeded or is likely to exceed the applicable promulgated state or federal standard for that type of PFAS.
(b) The public utility promptly notifies the commission of the work and, within 30 days after commencing the work, submits the appropriate application and supporting documentation to the commission.
(c) The total cost of the project is not greater than $2,000,000.
201,8Section 8. 281.58 (8e) of the statutes is renumbered 281.58 (8e) (am). 201,9Section 9. 281.58 (8e) (bm) of the statutes is created to read: 281.58 (8e) (bm) If the department, when ranking projects under this subsection or determining an applicant’s eligibility for assistance under this section, considers whether an applicant that intends to extend service outside the boundaries of a municipality because of water contamination is small or disadvantaged, the department shall, to the extent allowable under federal law, 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.
201,10Section 10. 281.61 (6) of the statutes is amended to read: 281.61 (6) Priority list. The department shall establish a priority list that ranks each safe drinking water loan program project. The department shall promulgate rules for determining project rankings that, to the extent possible, give priority to projects that address the most serious risks to human health, that are necessary to ensure compliance with the Safe Drinking Water Act, 42 USC 300f to 300j-26, and that assist applicants that are most in need on a per household basis, according to affordability criteria specified in the rules. For the purpose of ranking projects under this subsection, the department shall treat a project to upgrade a public water system to provide continuous disinfection of the water that it distributes as if the public water system were a surface water system that federal law requires to provide continuous disinfection. If the department, when ranking projects under this subsection or determining an applicant’s eligibility for assistance under this section, considers whether an applicant that intends to extend service outside the boundaries of a local governmental unit because of water contamination is small or disadvantaged, the department shall, to the extent allowable under federal law, 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.
201,11Section 11. 281.75 (1) (eg) of the statutes is created to read: 281.75 (1) (eg) “Noncommunity water supply” means a public water system served by one or more wells that regularly serves water to at least 25 of the same people for over 6 months per year or serves a transient population of at least 25 people for 60 days of the year.
201,12Section 12. 281.75 (1) (er) of the statutes is created to read: 281.75 (1) (er) “PFAS” means any perfluoroalkyl or polyfluoroalkyl substance.
201,13Section 13. 281.75 (7) (c) 2. a. of the statutes is amended to read: 281.75 (7) (c) 2. a. Equipment used for treating the water, including a filtration device and up to 2 replacement filters;
201,14Section 14. 281.75 (9m) of the statutes is created to read: 281.75 (9m) PFAS contamination. (a) 1. Notwithstanding sub. (4) (a), the owner or operator of a noncommunity water supply may apply for financial assistance under this section for a well contaminated with PFAS.
2. Notwithstanding sub. (4) (a) and (b), a public, private, or tribal elementary or secondary school, a child care center that is licensed under s. 48.65, a child care program that is established or contracted for under s. 120.13 (14), or a child care provider that is certified under s. 48.651 may apply for financial assistance under this section for a well contaminated with PFAS. This subdivision does not apply to a school or child care facility that is served by a municipal water system.
3. A person receiving financial assistance under subd. 1. or 2. shall comply with all requirements of this section that are applicable to private water supplies.
(b) 1. The department shall provide to the following noncommunity water supplies financial assistance equal to the specified percentage of project costs:
a. Except as provided in subd. 1. b., for a noncommunity water supply that is eligible under par. (a) 1., 60 percent.
b. For a noncommunity water supply that is eligible under par. (a) 1. and that is owned by a nonprofit organization, 100 percent.
c. For an applicant eligible under par. (a) 2., 100 percent.
2. For private water supplies eligible under sub. (4), financial assistance shall be based on the applicant’s annual family income relative to the median household income of the county in which the applicant resides. The department shall provide to the following applicants financial assistance equal to the specified percentage of project costs:
a. For an applicant with an annual family income below the median household income of the county, 100 percent.
b. For an applicant with an annual family income that is 100 to 199 percent of the median household income of the county, 80 percent.
c. For an applicant with an annual family income that is 200 to 299 percent of the median household income of the county, 60 percent.
d. For an applicant with an annual family income that is 300 percent of the median household income of the county or higher, 25 percent.
(c) Notwithstanding subs. (1) (b) and (6) (a), for purposes of this subsection, PFAS contamination shall be established by analysis of at least one sample of water that exceeds a PFAS standard in rules promulgated under s. 281.17 (8) or the national drinking water standards in 40 CFR 141 and 143, an enforcement standard under ch. 160, a department of health services recommendation for an enforcement standard for a substance of public health concern developed under s. 160.07 (4), or a health advisory level from the department of health services. The sample shall be tested by a laboratory certified under s. 299.11.
(d) Notwithstanding sub. (7) (a) and (b), financial assistance under this subsection may not pay any portion of eligible costs in excess of the following amounts:
1. For construction or reconstruction of a private water supply well, $30,000.
2. For connection to an existing alternative private water supply, $16,000.
3. For connection to a public water system, $30,000.
4. For installation of a treatment system, $10,000.
5. For well abandonment, $16,000.
(e) Notwithstanding sub. (8), the department may not require a recipient of financial assistance under this subsection to make a copayment.
(f) Notwithstanding sub. (11) (b) 2., the department may provide financial assistance under this subsection for a water treatment system on a private water supply if the construction and pump installation of the existing well complies with the requirements of the rules promulgated under ch. 280 and the PFAS samples for the existing well do not exceed twice the PFAS standard, recommendation, or health advisory level.
201,15Section 15. 281.75 (11) (a) 5. of the statutes is amended to read: 281.75 (11) (a) 5. If the claim is based on a contaminated private water supply, one or more of the contaminants upon which the claim is based was introduced into the well intentionally or negligently by a claimant or a person who would be directly benefited by payment of the claim.
201,16Section 16. 283.82 (4) of the statutes is created to read: 283.82 (4) (a) The department shall include limitations or conditions for perfluoroalkyl and polyfluoroalkyl substances in a permit for the land application of sewage sludge. If the average of at least 2 sample results exceeds a 20 ug/kg concentration for perfluorooctanoic acid and perfluorooctanesulfonic acid combined, the department shall include a limitation or condition on perfluoroalkyl and polyfluoroalkyl substances, unless there is an enforcement standard promulgated under ch. 160 for perfluorooctanoic acid and perfluorooctanesulfonic acid. The department may require groundwater monitoring as a condition of the permit.
(b) No later than 120 days after the effective date of this paragraph .... [LRB inserts date], the department shall issue a general permit that requires perfluoroalkyl and polyfluoroalkyl monitoring conditions for sewage sludge that will apply to all permittees with valid permits on the effective date of this paragraph .... [LRB inserts date], that do not have limitations or conditions addressing perfluoroalkyl and polyfluoroalkyl substances. The general permit shall specify monitoring frequencies, as determined by the department. The department shall modify an individual permit as provided under par. (a) if sample results conducted under the general permit exceed a 20 ug/kg concentration for perfluorooctanoic acid and perfluorooctanesulfonic acid combined. Nothing in this paragraph alters the procedures, requirements, or authorities to which the permittee or department are entitled under any other provision of law. This paragraph does not apply to issuance or renewal of permits that comply with par. (a). The general permit issued under this paragraph is valid until all individual permits issued under this section comply with par. (a).
