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 contaminated 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 where the responsible party qualifies for
a grant under the innocent landowner grant program. 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 cost, feasibility,
and effectiveness of different methods for remediating PFAS that leave the
contaminated medium in place and methods that remove the contaminated medium;
5) study and analyze the migration of PFAS into the bay of Green Bay; 6) study and
analyze the migration of PFAS into the Wisconsin and Mississippi Rivers and their
tributaries; 7) 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 8) 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,
the presence of which was unknown to the water utility until shortly before it
commenced the project and the water utility provides evidence showing that the
utility has exceeded or is likely to exceed the applicable state or federal standard for
that type of PFAS; 2) the water utility promptly notifies PSC of the work and, within
30 days after commencing the work, submits the appropriate application and
supporting documentation to PSC; and 3) the total cost of the project is not greater
than $2,000,000.
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
The bill authorizes a municipal public utility or metropolitan sewerage district
to use revenues from its water or sewerage services for up to half of the cost of
pretreatment or other PFAS 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.
Test wells for community water systems
Under rules promulgated by DNR relating to community water systems (a
system for providing piped water for human consumption to the public and that
serves at least 15 service connections used by year-round residents or regularly
serves at least 25 year-round residents), DNR must pre-approve any test wells that
will be converted into permanent wells and any test wells that will pump at least 70
gallons per minute for more than 72 hours. DNR rules require test wells to be drilled
for permanent wells for community water systems to determine geologic formation
information and water quality and quantity data. DNR rules also allow DNR to
designate special well casing depth areas within which wells must be drilled to a
greater depth and meet other requirements to avoid contamination.
This bill provides that test wells for community water systems must also be
approved by DNR if they are located in special well casing depth areas that have been
designated based in whole or in part on the presence of PFAS.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB312-ASA4,1 1Section 1 . 66.0811 (4) of the statutes is created to read:
AB312-ASA4,7,92 66.0811 (4) Notwithstanding subs. (2) and (3) and s. 66.0901 (11), a municipal
3public utility or a metropolitan sewerage district created under ch. 200 may use
4funds derived from its water or sewerage services for up to one-half the cost of
5pretreatment or other perfluoroalkyl and polyfluoroalkyl substances source
6reduction measures for an interconnected customer or other regular customer if the
7costs incurred are less than the costs of the upgrades otherwise required at the
8endpoint treatment facility and if the costs are approved by the governing body of the
9municipality or the metropolitan sewerage district.
AB312-ASA4,2 10Section 2 . 196.49 (7) of the statutes is created to read:
AB312-ASA4,8,211 196.49 (7) With respect to a water public utility or a combined water and sewer
12public utility, the commission may not investigate, impose a penalty against, or bring
13an action to enjoin the public utility for failing to obtain a certificate of authority

1before commencing a project for which one is required under this section if all of the
2following apply:
AB312-ASA4,8,73 (a) The public utility undertook the project in response to a public health
4concern caused by PFAS, as defined in s. 292.315 (1), the presence of which was
5unknown to the public utility until shortly before it commenced the project, and the
6public utility provides evidence showing that the utility has exceeded or is likely to
7exceed the applicable promulgated state or federal standard for that type of PFAS.
AB312-ASA4,8,108 (b) The public utility promptly notifies the commission of the work and, within
930 days after commencing the work, submits the appropriate application and
10supporting documentation to the commission.
AB312-ASA4,8,1111 (c) The total cost of the project is not greater than $2,000,000.
AB312-ASA4,3 12Section 3. 281.58 (8e) of the statutes is renumbered 281.58 (8e) (am).
AB312-ASA4,4 13Section 4. 281.58 (8e) (bm) of the statutes is created to read:
AB312-ASA4,8,2114 281.58 (8e) (bm) If the department, when ranking projects under this
15subsection or determining an applicant's eligibility for assistance under this section,
16considers whether an applicant that intends to extend service outside the boundaries
17of a municipality because of water contamination is small or disadvantaged, the
18department shall, to the extent allowable under federal law, determine the applicant
19to be small or disadvantaged if the area receiving the extended service would
20normally be determined to be small or disadvantaged, regardless of whether the
21existing service area would normally be determined to be small or disadvantaged.
AB312-ASA4,5 22Section 5. 281.61 (6) of the statutes is amended to read:
AB312-ASA4,9,1623 281.61 (6) Priority list. The department shall establish a priority list that
24ranks each safe drinking water loan program project. The department shall
25promulgate rules for determining project rankings that, to the extent possible, give

1priority to projects that address the most serious risks to human health, that are
2necessary to ensure compliance with the Safe Drinking Water Act, 42 USC 300f to
3300j-26, and that assist applicants that are most in need on a per household basis,
4according to affordability criteria specified in the rules. For the purpose of ranking
5projects under this subsection, the department shall treat a project to upgrade a
6public water system to provide continuous disinfection of the water that it distributes
7as if the public water system were a surface water system that federal law requires
8to provide continuous disinfection. If the department, when ranking projects under
9this subsection or determining an applicant's eligibility for assistance under this
10section, considers whether an applicant that intends to extend service outside the
11boundaries of a local governmental unit because of water contamination is small or
12disadvantaged, the department shall, to the extent allowable under federal law,
13determine the applicant to be small or disadvantaged if the area receiving the
14extended service would normally be determined to be small or disadvantaged,
15regardless of whether the existing service area would normally be determined to be
16small or disadvantaged.
AB312-ASA4,6 17Section 6. 281.75 (5m) of the statutes is created to read:
AB312-ASA4,9,2518 281.75 (5m) Referral to the innocent landowner grant program. If the
19department determines that a claimant that submits a claim under this section on
20the basis of contamination by perfluoroalkyl or polyfluoroalkyl substances would be
21eligible for a grant under the innocent landowner grant program under s. 292.34, and
22moneys are available under s. 292.34, the department shall refer the claim to the
23program under s. 292.34 instead of reviewing the claim under this section. If the
24claimant's claim is denied under s. 292.34, the department shall refer the claim back
25to the program under this section.
AB312-ASA4,7
1Section 7. 281.75 (7) (c) 2. a. of the statutes is amended to read:
AB312-ASA4,10,32 281.75 (7) (c) 2. a. Equipment used for treating the water, including a filtration
3device and up to 2 replacement filters
;
AB312-ASA4,8 4Section 8. 292.315 of the statutes is created to read:
AB312-ASA4,10,6 5292.315 Municipal PFAS grant program. (1) Definition. In this section,
6“PFAS” means any perfluoroalkyl or polyfluoroalkyl substance.
AB312-ASA4,10,10 7(1m) Applicability. This section applies only to PFAS for which there is a state
8or federal standard, a public health recommendation from the department of health
9services under s. 160.07, or a health advisory issued by the federal environmental
10protection agency.
AB312-ASA4,10,11 11(2) Grants. The department shall provide all of the following grants:
AB312-ASA4,10,2312 (a) Grants to municipalities to test for PFAS levels at municipal water systems
13and municipal wastewater treatment facilities, or to reimburse municipalities for
14PFAS testing performed at properties owned, leased, managed, or contracted for by
15those municipalities after applicable standards for the chemical being tested have
16been promulgated. The department shall base the amount of grant awards under
17this paragraph on the cost of testing and the amount of testing needed in each
18community, while ensuring that funding is available to every eligible applicant that
19submits a claim under this paragraph. The department may not require a
20municipality that submits a claim for a grant under this paragraph to provide
21information other than the basic information necessary to process the claim and may
22not require the recipient of a grant under this paragraph to provide any matching
23funds.
AB312-ASA4,11,624 (b) Grants, provided in equal shares not to exceed $1,800, to entities that are
25not municipalities and that are regulated as public or community water systems for

1the entity to test its drinking water supply for PFAS if required to do so by the
2department, or for reimbursement to the entity for PFAS testing performed after
3applicable standards for the chemical being tested have been promulgated. An entity
4that is not a municipality may apply to the department one time for a grant under
5this paragraph, by a deadline set by the department. The department may not
6require the recipient of a grant under this paragraph to provide any matching funds.
AB312-ASA4,11,127 (c) Grants, provided in equal shares not to exceed $15,000, to the owner or
8manager of, or the holder of a solid waste facility license issued by the department
9for, privately owned solid waste disposal facilities to test for the presence of PFAS in
10leachate. An entity may apply to the department one time for a grant under this
11paragraph, by a deadline set by the department. The department may not require
12the recipient of a grant under this paragraph to provide any matching funds.
AB312-ASA4,12,413 (d) Grants to municipalities to test for PFAS levels at locations that are owned,
14leased, managed, or contracted for by a municipality and where PFAS may be
15present, including airports, water systems, wastewater treatment facilities, or
16contaminated lands, and to test for PFAS levels in leachate at solid waste disposal
17facilities that are owned, leased, managed, or contracted for by a municipality. If the
18property is not owned by the municipality, the department may not issue a grant
19under this paragraph unless the property owner has given the municipality written
20consent for the municipality to enter the property and conduct testing or the ability
21to enter the property and conduct testing is permitted under an existing agreement
22between the property owner and the municipality. The department may not provide
23a grant under this paragraph to test for PFAS in a water system or wastewater
24treatment facility if the applicant has received a grant under par. (a), unless the
25applicant demonstrates that it has used all of the grant funds provided to it under

1par. (a). The department shall accept applications for grants and provide grants
2under this paragraph on a rolling basis. The department may not require the
3recipient of a grant under this paragraph to provide matching funds in an amount
4greater than 20 percent of the amount of the grant.
AB312-ASA4,12,135 (e) Grants to municipalities and the owner or manager of, or the holder of a solid
6waste facility license issued by the department for, privately owned solid waste
7disposal facilities to dispose of PFAS-containing biosolids or leachate at facilities
8that accept such biosolids or leachate or to purchase and install on-site treatment
9systems to address PFAS contained in biosolids or leachate. Grant moneys received
10under this paragraph may not be used for any cost associated with landspreading.
11The department may not require the recipient of a grant under this paragraph to
12provide matching funds in an amount greater than 20 percent of the amount of the
13grant.
AB312-ASA4,13,214 (f) Grants for capital costs or debt service, including for facility upgrades or new
15infrastructure, to municipalities that are small or disadvantaged or in which rates
16for water or wastewater utilities will increase by more than 20 percent as a direct
17result of steps taken to address PFAS contamination. A grant provided under this
18paragraph may not exceed 50 percent of the municipality's capital or debt service
19costs, and no municipality may receive grants under this paragraph that total more
20than 20 percent of the funding available for grants under this paragraph. The
21department shall give priority under this paragraph to projects that are necessary
22to address an exceedance of an applicable promulgated state or federal standard.
23The department shall accept applications for grants and provide grants under this
24paragraph on a rolling basis. A municipality may submit an application for a grant

1under this program at the same time as submitting an application for financial
2assistance under s. 281.58 or 281.61.
AB312-ASA4,13,203 (g) Grants to municipalities for capital costs or other costs related to PFAS that
4are not otherwise paid from the environmental improvement fund, including costs
5for addressing solid waste disposal facilities or other contaminated lands owned,
6leased, managed, or contracted for by the municipality and costs incurred by fire
7departments, including to replace PFAS-containing fire fighting foam; grants to
8municipalities for the preparation and implementation of pollutant minimization
9plans; and grants to municipalities for costs incurred by municipal public utilities or
10metropolitan sewerage districts created under ch. 200 for pretreatment or other
11PFAS source reduction measures for an interconnected customer or other regular
12customer if the costs incurred are less than the costs of the upgrades otherwise
13required at the endpoint treatment facility and if the costs are approved by the
14governing body of the municipality or the metropolitan sewerage district. No
15municipality may receive grants under this paragraph that total more than 20
16percent of the funding available for grants under this paragraph. The department
17may not require the recipient of a grant under this paragraph to provide matching
18funds in an amount greater than 20 percent of the amount of the grant. The
19department shall accept applications for grants and provide grants under this
20paragraph on a rolling basis.
AB312-ASA4,13,25 21(3) Limitations. (a) The department may not require the recipient of a grant
22under sub. (2) to take action to address PFAS contamination unless testing
23demonstrates that PFAS levels exceed any applicable promulgated standard under
24state or federal law or unless another applicable state or federal law allows the
25department to require a grant recipient to take such action.
AB312-ASA4,14,4
1(b) The department may not publicly disclose the results of any PFAS testing
2conducted under this section unless the department notifies the grant recipient at
3least 72 hours before publicly disclosing any test result. This paragraph does not
4apply to any testing required or conducted under ch. 281 or 283.
AB312-ASA4,9 5Section 9. 292.32 of the statutes is created to read:
AB312-ASA4,14,7 6292.32 Limitations on department actions relating to PFAS. (1)
7Definitions. In this section:
AB312-ASA4,14,98 (a) “Construction project” means a building project that will affect one or more
9parcels.
AB312-ASA4,14,1010 (b) “PFAS” has the meaning given in s. 292.315 (1).
AB312-ASA4,14,1611 (c) “Public works” means the physical structures and facilities developed or
12acquired by a local unit of government or a federally recognized American Indian
13tribe or band in this state to provide services and functions for the benefit and use
14of the public, including water, sewerage, waste disposal, utilities, and
15transportation, and privately owned solid waste disposal facilities that accept
16residential waste.
AB312-ASA4,14,25 17(2) Probable cause required for testing. Notwithstanding any conflicting
18provisions of this chapter, the department may not require the owner of a property
19to conduct testing under this chapter for the presence of PFAS without probable
20cause that the property had or currently has an amount of PFAS that is likely to pose
21a substantial present or potential hazard to human health or the environment. For
22purposes of this subsection, property does not include a property used for industrial
23purposes, including manufacturing. For purposes of this subsection, a basis for
24probable cause includes the reporting of a PFAS spill under this chapter or under
25section 304 of the federal Emergency Planning and Community Right-to-Know Act.
AB312-ASA4,15,4
1(3) Construction projects. Notwithstanding any conflicting provisions of this
2chapter, the department may not prevent, delay, or otherwise impede any
3construction project or project of public works on the basis of a presence of PFAS
4contamination unless the department determines any of the following:
AB312-ASA4,15,55 (a) The project poses a substantial risk to public health or welfare.
AB312-ASA4,15,76 (b) There is a substantial risk that the project will create worsening
7environmental conditions.
AB312-ASA4,15,98 (c) The entity proposing to complete the project is, as a result of reckless or
9intentional conduct, responsible for the original contamination.
AB312-ASA4,15,1110 (d) The department is specifically required under the federal Clean Water Act
11to prevent, delay, or otherwise impede the project.
AB312-ASA4,15,14 12(4) PFAS testing and enforcement on nonstate lands. If department staff or
13a 3rd-party entity contracted by the department seeks to conduct voluntary testing
14under this chapter for PFAS, all of the following shall apply:
AB312-ASA4,15,2015 (a) If the department, or an entity contracted by the department, seeks to
16collect voluntary samples from lands not owned by the state based on permission
17from the landowner, such permission shall be in writing, and the department shall
18notify the landowner that such permission includes the authority to collect samples,
19to test those samples, and to publicly disclose the results of that testing. A landowner
20may revoke such permission at any time prior to the collection of samples.
AB312-ASA4,15,2421 (b) The department may not publicly disclose the results of any PFAS testing
22conducted on samples taken from lands not owned by the state unless the
23department notifies the landowner of the test results at least 72 hours before publicly
24disclosing the test results.
AB312-ASA4,16,7
1(5) PFAS testing requests. The department shall, in a timely manner, respond
2to requests from any person to conduct PFAS testing on samples taken from the
3person's property if practicable and if funds are available to do so, if there is a
4reasonable belief that PFAS contamination may be present on the property, and if
5existing information such as public water supply testing data is not available. The
6department may contract with a 3rd party to respond to requests for testing under
7this subsection.
AB312-ASA4,10 8Section 10 . 292.34 of the statutes is created to read:
AB312-ASA4,16,10 9292.34 Innocent landowner grant program. (1) In this section, “PFAS”
10has the meaning given in s. 292.315 (1).
AB312-ASA4,16,14 11(1m) This section applies only to PFAS for which there is a state or federal
12standard, a public health recommendation from the department of health services
13under s. 160.07, or a health advisory issued by the federal environmental protection
14agency.
AB312-ASA4,16,21 15(2) The department shall administer a program under which the department
16may provide a grant to an eligible person who owns, leases, manages, contracts for,
17or holds a department-issued solid waste facility license for property that is
18contaminated by PFAS; or to a person who is applying on behalf of multiple eligible
19persons that are located in the same geographic region and that will be conducting
20similar activities under sub. (4), if the applicant will be the entity conducting the
21activities under sub. (4).
AB312-ASA4,16,22 22(3) All of the following are persons eligible for a grant under this section:
AB312-ASA4,16,2423 (a) A person that spread biosolids or wastewater residuals contaminated by
24PFAS in compliance with any applicable license or permit.
AB312-ASA4,17,3
1(b) A person that owns land upon which biosolids or wastewater residuals
2contaminated by PFAS were spread in compliance with any applicable license or
3permit.
AB312-ASA4,17,64 (c) A fire department or municipality that responded to emergencies that
5required the use of PFAS or that conducted training for such emergencies in
6compliance with applicable federal regulations.
AB312-ASA4,17,77 (d) A solid waste disposal facility that accepted PFAS.
AB312-ASA4,17,98 (e) A person that owns, leases, manages, or contracts for property on which the
9PFAS contamination did not originate.
AB312-ASA4,17,15 10(4) Grants under this section may be used to cover costs associated with
11additional testing; environmental studies; engineering reports; clean drinking water
12supplies, including temporary potable water, filtration, well replacement, or
13interconnection to a municipal water supply; remediation costs; and any other cost
14resulting from landspreading of contaminated biosolids, detection of groundwater
15contamination, or other contamination events affecting the property.
AB312-ASA4,17,19 16(5) The department shall accept applications for grants and award grants
17under this section on a rolling basis. The department shall give priority to
18applications for grants under this section that address PFAS contamination in wells
19serving a private water supply, as defined in s. 281.75 (1) (f).
AB312-ASA4,17,23 20(6) Grants awarded under this section may not exceed $250,000 for each
21eligible person. The department may require the recipient of a grant under this
22section to provide matching funds in an amount not to exceed 5 percent of the amount
23of the grant.
AB312-ASA4,11 24Section 11. NR 811.12 (1) (g) 2. of the administrative code is renumbered NR
25811.12 (1) (g) 2. (intro.) and amended to read:
AB312-ASA4,18,4
1NR 811.12 (1) (g) 2. (intro.) Test wells to be converted to permanent wells or test
2wells to be pumped at a rate of 70 gallons per minute or more for a period of more than
372 hours
All of the following test wells shall be approved by the department prior to
4their construction.:
AB312-ASA4,12 5Section 12. NR 811.12 (1) (g) 2. a., b. and c. of the administrative code are
6created to read:
AB312-ASA4,18,77 NR 811.12 (1) (g) 2. a. Test wells to be converted to permanent wells.
AB312-ASA4,18,98 b. Test wells to be pumped at a rate of 70 gallons per minute or more for a period
9of more than 72 hours.
AB312-ASA4,18,1410 c. Test wells located in special well casing depth areas that are designated by
11the department as special well casing depth areas based in whole or in part on the
12presence of perfluoroalkyl or polyfluoroalkyl substances. Approval under this subd.
132. c. shall include review and approval of specifications and plans relating to drilling,
14well casing, and filling and sealing.
AB312-ASA4,13 15Section 13 . PSC 184.06 of the administrative code is amended to read:
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