LRBa0935/1
ZDW:cdc
2019 - 2020 LEGISLATURE
ASSEMBLY AMENDMENT 2,
TO ASSEMBLY BILL 323
January 21, 2020 - Offered by Representatives C. Taylor, Hebl, Sargent,
Shankland, Billings, Kolste, Considine, Subeck, Vining, Emerson,
Brostoff, Cabrera, Vruwink, Stuck, Bowen, Riemer, Goyke, Crowley and
Neubauer.
AB323-AA2,1,11 At the locations indicated, amend the bill as follows:
AB323-AA2,1,7 21. Page 1, line 1: delete the material beginning with “regulating" and ending
3with “authority." on line 2 and substitute “setting standards for certain
4contaminants, regulating fire fighting foam that contains certain contaminants,
5providing information relating to off-site disposal of certain waste, extending the
6time limit for emergency rule procedures, providing an exemption from emergency
7rule procedures, granting rule-making authority, and making an appropriation.” .
AB323-AA2,1,8 82. Page 1, line 3: before that line insert:
AB323-AA2,1,10 9 Section 1a. 20.005 (3) (schedule) of the statutes: at the appropriate place,
10insert the following amounts for the purposes indicated: - See PDF for table PDF
AB323-AA2,1b 1Section 1b. 20.370 (4) (aa) of the statutes is created to read:
AB323-AA2,2,52 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.
AB323-AA2,1c 6Section 1c. 20.370 (4) (ab) of the statutes is created to read:
AB323-AA2,2,107 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.
AB323-AA2,1d 11Section 1d. 20.370 (4) (ad) of the statutes is created to read:
AB323-AA2,2,1412 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.
AB323-AA2,1e 15Section 1e. 20.370 (4) (ae) of the statutes is created to read:
AB323-AA2,3,3
120.370 (4) (ae) PFAS landfills. Biennially, from the general fund, the
2amounts in the schedule for sampling and testing leachate and groundwater from
3landfills for perfluoroalkyl and polyfluoroalkyl substances.
AB323-AA2,1f 4Section 1f. 20.370 (4) (ak) of the statutes is created to read:
AB323-AA2,3,95 20.370 (4) (ak) PFAS investigation and assistance. From the general fund,
6as a continuing appropriation, the amounts in the schedule for investigating
7emerging contaminants that are perfluoroalkyl or polyfluoroalkyl substances and
8providing temporary potable water or treatment systems when no responsible party
9for a contamination is available.
AB323-AA2,1g 10Section 1g. 160.07 (4) (f) of the statutes is created to read:
AB323-AA2,3,1411 160.07 (4) (f) In recommending an enforcement standard for a perfluoroalkyl
12or polyfluoroalkyl substance, the department of health services may recommend
13individual standards for each substance, a standard for these substances as a class,
14or standards for groups of these substances.
AB323-AA2,1h 15Section 1h. 160.07 (7) of the statutes is created to read:
AB323-AA2,3,2216 160.07 (7) If the department of health services recommends an enforcement
17standard for a perfluoroalkyl or polyfluoroalkyl substance or a group or class of such
18substances under this section, the department shall apply the standard as an interim
19enforcement standard for that substance, including through sampling, monitoring,
20and testing, and any other actions required by rules promulgated by the department,
21unless emergency or permanent rules that establish an enforcement standard for
22that substance are in effect.
AB323-AA2,1i 23Section 1i. 160.15 (4) of the statutes is created to read:
AB323-AA2,4,424 160.15 (4) Notwithstanding sub. (1), if an interim enforcement standard for a
25perfluoroalkyl or polyfluoroalkyl substance is applied under s. 160.07 (7), the

1department shall apply an interim preventive action limit for that substance of 20
2percent of the concentration established as the interim enforcement standard,
3unless emergency or permanent rules that establish a preventive action limit for that
4substance are in effect.
AB323-AA2,1j 5Section 1j. 281.17 (8) (c) of the statutes is created to read:
AB323-AA2,4,126 281.17 (8) (c) If the department of health services recommends an enforcement
7standard for a perfluoroalkyl or polyfluoroalkyl substance or a group or class of such
8substances under s. 160.07, the department shall apply the standard as an interim
9maximum contaminant level for public water systems, water suppliers, and
10laboratories certified to analyze drinking water, in accordance with rules
11promulgated by the department, unless emergency or permanent rules that
12establish maximum contaminant levels for that substance are in effect.
AB323-AA2,1k 13Section 1k. 285.27 (2) (bm) of the statutes is created to read:
AB323-AA2,4,1914 285.27 (2) (bm) Standard for PFAS. The department shall determine whether
15an emission standard for any known perfluoroalkyl or polyfluoroalkyl substance or
16a group or class of such substances is needed to provide adequate protection for public
17health or welfare under par. (b). If the department finds that the standard is needed
18to provide adequate protection for public health or welfare, the department shall
19promulgate an emission standard for that substance.
AB323-AA2,1L 20Section 1L. 292.31 (1) (d) (intro.) of the statutes is amended to read:
AB323-AA2,5,421 292.31 (1) (d) Access to information. (intro.) Upon the request of any officer,
22employee, or authorized representative of the department, any person who
23generated, transported, treated, stored, or disposed of solid or hazardous waste
24which that may have been disposed of at a site or facility under investigation by the
25department and any person who generated solid or hazardous waste at a site or

1facility under investigation by the department that was transported to, treated at,
2stored at, or disposed of at another site, facility, or location
shall provide the officer,
3employee, or authorized representative access to any records or documents in that
4person's custody, possession, or control which relate to:
AB323-AA2,1m 5Section 1m. 292.31 (1) (d) 1m. of the statutes is created to read:
AB323-AA2,5,86 292.31 (1) (d) 1m. The type and quantity of waste generated at the site or
7facility that was transported to, treated at, stored at, or disposed of at another site,
8facility, or location, and the dates and locations of these activities.
AB323-AA2,1n 9Section 1n. 292.74 of the statutes is created to read:
AB323-AA2,5,24 10292.74 Financial responsibility for PFAS. The department may, if it
11determines doing so is necessary to protect human health or the environment,
12require a person who possesses or controls a perfluoroalkyl or polyfluoroalkyl
13substance to provide proof of financial responsibility for conducting emergency
14response actions, remedial actions, environmental repair, and long-term care to
15address contamination by a potential discharge of perfluoroalkyl or polyfluoroalkyl
16substances or environmental pollution that may be caused by a discharge of such
17substances. The department shall establish, by rule, the procedure for determining
18whether requiring a proof of financial responsibility is necessary to protect human
19health or the environment, and may establish requirements for types of financial
20responsibility, methods for calculating amounts of financial responsibility, access
21and default, bankruptcy notifications, and any other requirements the department
22determines is necessary under this section. The proof of financial responsibility
23required under this section shall be in addition to any other proof of financial
24responsibility or financial assurance required under this chapter.
AB323-AA2,1o 25Section 1o. 299.15 (2m) of the statutes is created to read:
AB323-AA2,6,3
1299.15 (2m) The department shall consider all known perfluoroalkyl or
2polyfluoroalkyl substances to be air contaminants for purposes of sub. (2) (a) 2. The
3reporting level for these substances is zero pounds per year.”.
AB323-AA2,6,5 43. Page 3, line 1: before “The department" insert “Rules for fire fighting
5foam.
".
AB323-AA2,6,6 64. Page 3, line 3: after that line insert:
AB323-AA2,6,8 7“(2m) Emergency rules for PFAS in drinking water, groundwater, surface
8water, solid waste, beds of navigable waters, and contaminated soil and sediment.
AB323-AA2,6,199 (a) The department of natural resources shall promulgate emergency rules
10under s. 227.24 establishing acceptable levels and standards, performance
11standards, monitoring requirements, and required response actions for any
12perfluoroalkyl or polyfluoroalkyl substance or group or class of such substances,
13which the department determines may be harmful to human health or the
14environment, in drinking water under s. 281.17 (8); groundwater under ss. 160.07
15(5) and 160.15; surface water from point sources under ss. 283.11 (4) and 283.21 and
16from nonpoint sources under s. 281.16; air under s. 285.27 (2) (bm), if the standards
17are needed to provide adequate protection for public health or welfare; solid waste
18and solid waste facilities under chs. 289 and 291; beds of navigable waters under s.
1930.20; and soil and sediment under chs. 289 and 292.
AB323-AA2,7,620 (b) The department of natural resources shall promulgate emergency rules
21under s. 227.24 to add any perfluoroalkyl or polyfluoroalkyl substance or group or
22class of such substances that the department determines may be harmful to human
23health or the environment to the list of toxic pollutants under s. 283.21 (1) (a) for
24purposes 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.
AB323-AA2,7,127 (c) Notwithstanding any finding required under par. ( ) or (),
8emergency rules promulgated under pars. () and () shall include, at
9a minimum, perfluorooctane sulfonic acid, perfluorooctanoic acid, perfluorohexane
10sulfonic acid, perfluorononanoic acid, perfluorobutane sulfonic acid, and
11perfluoroheptanoic acid and shall include provisions for enforcing these standards,
12including requiring sampling, monitoring, testing, and response actions.
AB323-AA2,7,2013 (d) Notwithstanding s. 227.24 (1) (c) and (2), emergency rules promulgated
14under pars. () and () remain in effect until July 1, 2022, or the date
15on which permanent rules take effect, whichever is sooner. Notwithstanding s.
16227.24 (1) (a) and (3), the department of natural resources is not required to provide
17evidence that promulgating a rule under this subsection as an emergency rule is
18necessary for the preservation of public peace, health, safety, or welfare and is not
19required to provide a finding of emergency for a rule promulgated under this
20subsection.
AB323-AA2,8,221 (3m) Water quality standards for PFAS. The department of natural resources
22shall promulgate, under s. 281.15, water quality standards for perfluorooctane
23sulfonic acid, perfluorooctanoic acid, perfluorohexane sulfonic acid,
24perfluorononanoic acid, perfluorobutane sulfonic acid, and perfluoroheptanoic acid
25and any other perfluoroalkyl or polyfluoroalkyl substance or group or class of such

1substances that the department determines may be harmful to human health and
2necessary to protect a water's designated use.
AB323-AA2,8,83 (4m) List of groundwater contaminants. The department of natural resources
4shall add to the list of groundwater contaminants under s. 160.05 any perfluoroalkyl
5and polyfluoroalkyl substance or group or class of such substances that is shown to
6involve public health concerns and that has a reasonable probability of entering the
7groundwater and shall categorize and rank those substances according to the
8provisions of s. 160.05.
AB323-AA2,8,99 (5m) Testing laboratories; emergency rules.
AB323-AA2,8,2010 (a) The department of natural resources shall promulgate emergency rules
11under s. 227.24 establishing criteria for certifying laboratories to test for any
12perfluoroalkyl or polyfluoroalkyl substances, including the standards and methods
13for such testing, and shall certify laboratories that meet these criteria.
14Notwithstanding s. 227.24 (1) (c) and (2), emergency rules promulgated under this
15subsection remain in effect until July 1, 2022, or the date on which permanent rules
16take effect, whichever is sooner. Notwithstanding s. 227.24 (1) (a) and (3), the
17department of natural resources is not required to provide evidence that
18promulgating a rule under this subsection as an emergency rule is necessary for the
19preservation of public peace, health, safety, or welfare and is not required to provide
20a finding of emergency for a rule promulgated under this subsection.
AB323-AA2,8,2421 (b) Before emergency rules are promulgated under par. (), the
22department of natural resources may require testing for a perfluoroalkyl or
23polyfluoroalkyl substance to be done according to any nationally recognized
24procedures.
AB323-AA2,9,4
1(6m) Position authorizations; natural resources. The authorized FTE
2positions for the department of natural resources are increased by 7.5 GPR positions
3on the effective date of this subsection, to be funded from the appropriation under
4s. 20.370 (4) (ad), for the purpose of administering the provisions of this act.
AB323-AA2,3m 5Section 3m. Fiscal change.
AB323-AA2,9,116 (1) Position authorizations; health services. In the schedule under s. 20.005
7(3) for the appropriation to the department of health services under s. 20.435 (1) (a),
8the dollar amount for fiscal years 2019-20 and 2020-21 is increased by $248,600 in
9each fiscal year to increase the authorized FTE positions for the department by 4.0
10GPR research scientist positions for the purpose of recommending enforcement
11standards for perfluoroalkyl and polyfluoroalkyl substances under s. 160.07.
AB323-AA2,4m 12Section 4m. Effective dates. This act takes effect on the day after
13publication, except as follows:
AB323-AA2,9,1514 (1) The treatment of ss. 281.17 (8) (c) and 299.48 takes effect on the first day
15of the 7th month beginning after publication.”.
AB323-AA2,9,16 165. Page 3, line 4: delete lines 4 to 6.
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