SB312-SSA2,15,7 4(3) Construction projects. Notwithstanding any conflicting provisions of this
5chapter, the department may not prevent, delay, or otherwise impede any
6construction project or project of public works on the basis of a presence of PFAS
7contamination unless the department determines any of the following:
SB312-SSA2,15,88 (a) The project poses a substantial risk to public health or welfare.
SB312-SSA2,15,109 (b) There is a substantial risk that the project will create worsening
10environmental conditions.
SB312-SSA2,15,1211 (c) The entity proposing to complete the project is, as a result of reckless or
12intentional conduct, responsible for the original contamination.
SB312-SSA2,15,1413 (d) The department is specifically required under the federal Clean Water Act
14to prevent, delay, or otherwise impede the project.
SB312-SSA2,15,17 15(4) PFAS testing and enforcement on nonstate lands. If department staff or
16a 3rd-party entity contracted by the department seeks to conduct voluntary testing
17under this chapter for PFAS, all of the following shall apply:
SB312-SSA2,15,2318 (a) If the department, or an entity contracted by the department, seeks to
19collect voluntary samples from lands not owned by the state based on permission
20from the landowner, such permission shall be in writing, and the department shall
21notify the landowner that such permission includes the authority to collect samples,
22to test those samples, and to publicly disclose the results of that testing. A landowner
23may revoke such permission at any time prior to the collection of samples.
SB312-SSA2,16,224 (b) The department may not publicly disclose the results of any PFAS testing
25conducted on samples taken from lands not owned by the state unless the

1department notifies the landowner of the test results at least 72 hours before publicly
2disclosing the test results.
SB312-SSA2,16,123 (c) The department may not take any enforcement action against any person
4that meets the eligibility criteria for an innocent landowner grant under s. 292.34 (3)
5if the person grants permission to the department to remediate the land at the
6department's expense. For persons that are not eligible for an innocent landowner
7grant under s. 292.34 (3), the department may not take any enforcement action based
8on the results of PFAS testing on samples taken from lands not owned by the state
9unless that testing demonstrates that PFAS levels exceed any promulgated standard
10under state or federal law. This paragraph does not limit the ability of a landowner
11or other authorized party to voluntarily take remedial action based on test results
12collected by the department.
SB312-SSA2,16,19 13(5) PFAS testing requests. The department shall, in a timely manner, respond
14to requests from any person to conduct PFAS testing on samples taken from the
15person's property if practicable and if funds are available to do so, if there is a
16reasonable belief that PFAS contamination may be present on the property, and if
17existing information such as public water supply testing data is not available. The
18department may contract with a 3rd party to respond to requests for testing under
19this subsection.
SB312-SSA2,10 20Section 10 . 292.34 of the statutes is created to read:
SB312-SSA2,16,22 21292.34 Innocent landowner grant program. (1) In this section, “PFAS”
22has the meaning given in s. 292.315 (1).
SB312-SSA2,17,2 23(1m) This section applies only to PFAS for which there is a state or federal
24standard, a public health recommendation from the department of health services

1under s. 160.07, or a health advisory issued by the federal environmental protection
2agency.
SB312-SSA2,17,9 3(2) The department shall administer a program under which the department
4may provide a grant to an eligible person who owns, leases, manages, contracts for,
5or holds a department-issued solid waste facility license for property that is
6contaminated by PFAS; or to a person who is applying on behalf of multiple eligible
7persons that are located in the same geographic region and that will be conducting
8similar activities under sub. (4), if the applicant will be the entity conducting the
9activities under sub. (4).
SB312-SSA2,17,10 10(3) All of the following are persons eligible for a grant under this section:
SB312-SSA2,17,1211 (a) A person that spread biosolids or wastewater residuals contaminated by
12PFAS in compliance with any applicable license or permit.
SB312-SSA2,17,1513 (b) A person that owns land upon which biosolids or wastewater residuals
14contaminated by PFAS were spread in compliance with any applicable license or
15permit.
SB312-SSA2,17,1816 (c) A fire department or municipality that responded to emergencies that
17required the use of PFAS or that conducted training for such emergencies in
18compliance with applicable federal regulations.
SB312-SSA2,17,1919 (d) A solid waste disposal facility that accepted PFAS.
SB312-SSA2,17,2120 (e) A person that owns, leases, manages, or contracts for property on which the
21PFAS contamination did not originate.
SB312-SSA2,18,822 (f) Any other person submitted as a proposed eligible person by the department
23to the joint committee on finance. If the cochairpersons of the joint committee on
24finance do not notify the department within 14 working days after the date the
25proposed eligible person is submitted that the committee has scheduled a meeting

1to take place for the purpose of reviewing the proposed eligible person, the
2department shall consider the person to be a person eligible for a grant under this
3section. If, within 14 working days after the date the proposed eligible person is
4submitted, the cochairpersons of the joint committee on finance notify the
5department that the committee has scheduled a meeting for the purpose of reviewing
6the proposed eligible person, the department may not consider the person to be a
7person eligible for a grant under this section until the person is approved by the
8committee.
SB312-SSA2,18,14 9(4) Grants under this section may be used to cover costs associated with
10additional testing; environmental studies; engineering reports; clean drinking water
11supplies, including temporary potable water, filtration, well replacement, or
12interconnection to a municipal water supply; remediation costs; and any other cost
13resulting from landspreading of contaminated biosolids, detection of groundwater
14contamination, or other contamination events affecting the property.
SB312-SSA2,18,16 15(5) The department shall accept applications for grants and award grants
16under this section on a rolling basis.
SB312-SSA2,18,20 17(6) Grants awarded under this section may not exceed $250,000 for each
18eligible person. The department may require the recipient of a grant under this
19section to provide matching funds in an amount not to exceed 5 percent of the amount
20of the grant.
SB312-SSA2,11 21Section 11. NR 811.12 (1) (g) 2. of the administrative code is renumbered NR
22811.12 (1) (g) 2. (intro.) and amended to read:
SB312-SSA2,19,223 NR 811.12 (1) (g) 2. (intro.) Test wells to be converted to permanent wells or test
24wells to be pumped at a rate of 70 gallons per minute or more for a period of more than

172 hours
All of the following test wells shall be approved by the department prior to
2their construction.:
SB312-SSA2,12 3Section 12. NR 811.12 (1) (g) 2. a., b. and c. of the administrative code are
4created to read:
SB312-SSA2,19,55 NR 811.12 (1) (g) 2. a. Test wells to be converted to permanent wells.
SB312-SSA2,19,76 b. Test wells to be pumped at a rate of 70 gallons per minute or more for a period
7of more than 72 hours.
SB312-SSA2,19,128 c. Test wells located in special well casing depth areas that are designated by
9the department as special well casing depth areas based in whole or in part on the
10presence of perfluoroalkyl or polyfluoroalkyl substances. Approval under this subd.
112. c. shall include review and approval of specifications and plans relating to drilling,
12well casing, and filling and sealing.
SB312-SSA2,13 13Section 13 . PSC 184.06 of the administrative code is amended to read:
SB312-SSA2,19,22 14PSC 184.06 Emergency work. In case of an emergency resulting from the
15failure of power supply or from fire, storm, or similar events, a utility may begin
16necessary repair work without receiving prior commission authorization. In case of
17an emergency resulting from the contamination of water supply, a utility may begin
18necessary repair, temporary treatment, or other emergency work to address the issue
19without receiving prior commission authorization.
The utility shall promptly notify
20the commission of the emergency work and shall, within 30 days after commencing
21the work, furnish the commission with the information required under s. PSC 184.04
22(3).
SB312-SSA2,14 23Section 14 . Nonstatutory provisions.
SB312-SSA2,20,824 (1) Portable treatment system pilot. The department of natural resources
25shall contract with an entity to conduct a pilot project in which surface water is

1partially or fully diverted to a portable treatment system and treated water is
2returned to the surface water. Project activities under this subsection shall be
3conducted at locations with surface water with the highest concentration of
4perfluoroalkyl or polyfluoroalkyl substances and where a responsible party has not
5been identified or the responsible party is unable to pay for remediation. The
6department of natural resources and the entity contracted under this subsection
7shall evaluate the success of the pilot project by conducting tests upstream and
8downstream of the locations where the portable treatment system is used.
SB312-SSA2,20,199 (2) Remedial action at sites contaminated by PFAS. The department of
10natural resources may begin response and remedial actions, including site
11investigations, at any site contaminated by perfluoroalkyl or polyfluoroalkyl
12substances where a responsible party has not been identified or where the
13responsible party qualifies as an innocent landowner under s. 292.34. The
14department of natural resources may contract with a 3rd party to conduct response
15and remedial actions under this subsection. The department of natural resources
16shall prioritize response and remedial actions at sites with the highest levels of
17perfluoroalkyl or polyfluoroalkyl substances and sites with the greatest threats to
18public health or the environment as a result of perfluoroalkyl or polyfluoroalkyl
19substances.
SB312-SSA2,20,2020 (3) PFAS testing laboratories.
SB312-SSA2,21,521 (a) The department of natural resources and the Board of Regents of the
22University of Wisconsin System shall enter into a memorandum of understanding
23to jointly ensure that the state laboratory of hygiene provides guidance and other
24materials, conducts training, and provides assistance to laboratories in this state
25that are certified under s. 299.11 (7) to test for contaminants other than

1perfluoroalkyl or polyfluoroalkyl substances to become certified under s. 299.11 (7)
2to test for perfluoroalkyl or polyfluoroalkyl substances, and to assist laboratories in
3this state that are certified under s. 299.11 (7) to test for perfluoroalkyl or
4polyfluoroalkyl substances in reducing the costs of such testing and shortening the
5timeline for receiving such testing results.
SB312-SSA2,21,156 (b) The Board of Regents of the University of Wisconsin System, in coordination
7with the department of natural resources, may provide grants to laboratories in this
8state that are certified under s. 299.11 (7) to test for perfluoroalkyl or polyfluoroalkyl
9substances, or that are seeking such certification, to assist with the cost of
10purchasing equipment necessary for testing for perfluoroalkyl or polyfluoroalkyl
11substances. A grant under this paragraph may not exceed 40 percent of the cost of
12such equipment. All laboratories in this state that are certified under s. 299.11 (7)
13to test for perfluoroalkyl or polyfluoroalkyl substances, or that are seeking such
14certification, shall be given equal opportunity to receive a grant under this
15paragraph.
SB312-SSA2,21,1916 (c) The state laboratory of hygiene shall prepare a report on its efforts under
17this subsection and shall deliver the report to the joint committee on finance and the
18standing committees with jurisdiction over natural resources and the environment
19no later than August 31, 2025.
SB312-SSA2,21,2020 (4) PFAS studies and reporting.
SB312-SSA2,21,2121 (a) In this subsection, “PFAS” has the meaning given in s. 292.315 (1).
SB312-SSA2,22,222 (b) The department of natural resources and the Board of Regents of the
23University of Wisconsin System shall enter into a memorandum of understanding
24to jointly do all of the following, with the assistance of University of Wisconsin

1institutions, the department of natural resources and other relevant state agencies,
2county land and water conservation departments, and local 3rd parties, if available:
SB312-SSA2,22,4 31. Study and analyze the cost, feasibility, and effectiveness of different methods
4of treating PFAS before they are released into a water system or water body.
SB312-SSA2,22,6 52. Conduct a cost-benefit analysis of different options for disposing of biosolids
6or sludge that contains or may contain PFAS.
SB312-SSA2,22,8 73. Study and analyze the cost, feasibility, and effectiveness of different
8destruction and disposal methods for PFAS.
SB312-SSA2,22,13 94. For sites contaminated by PFAS, in consultation with persons who are able
10and qualified to conduct environmental remediation in this state, study and analyze
11the cost, feasibility, and effectiveness of different methods for remediating PFAS that
12leave the contaminated medium in place and methods that remove the contaminated
13medium.
SB312-SSA2,22,16 145. Study and analyze the migration of PFAS into the bay of Green Bay,
15including where the PFAS are entering the bay and what effects PFAS may have in
16the bay.
SB312-SSA2,22,20 176. Study and analyze the migration of PFAS into the Wisconsin River and its
18tributaries and the Mississippi River and its tributaries, including where the PFAS
19are entering surface waters and unconfined groundwater and what effects PFAS
20may have in those rivers.
SB312-SSA2,22,25 217. Create a comprehensive, interactive map showing all available PFAS testing
22data and whether each data point on the map exceeds any applicable promulgated
23state or federal standard for PFAS. Such data may not contain any personally
24identifiable information unless the entity to which the data applies is a municipal
25entity that is required to test and disclose its results under ch. 281 or 283.
SB312-SSA2,23,2
18. Conduct any additional studies related to PFAS, as approved by the joint
2committee on finance.
SB312-SSA2,23,73 (c) The Board of Regents of the University of Wisconsin System shall require
4the University of Wisconsin-Madison division of extension to provide the map and
5reports on the studies required under this subsection to the joint committee on
6finance and the standing committees with jurisdiction over natural resources and
7the environment no later than 2 years after the effective date of this paragraph.
SB312-SSA2,23,158 (5) Reports to legislature on progress under this act. For a period of 3 years
9after the effective date of this subsection, the department of natural resources shall,
10every 6 months, submit a report to the joint committee on finance and to the standing
11committees with jurisdiction over natural resources and the environment. The first
12report under this subsection shall be submitted no later than 6 months after the
13effective date of this subsection. The report shall include a detailed description of the
14department's expenditures under this act and a detailed description of the
15department's progress in implementing the provisions of this act.
SB312-SSA2,23,1716 (6) PFAS testing. In the 2023-25 fiscal biennium, the department of natural
17resources shall conduct additional voluntary PFAS testing activities.
SB312-SSA2,23,2118 (7) Fire fighting foam. The department of natural resources shall survey or
19resurvey local fire departments about their use and possession of PFAS-containing
20fire fighting foam, send communications and information regarding such foam, and
21contract with a 3rd party to voluntarily collect such foam.
SB312-SSA2,15 22Section 15. Effective dates. This act takes effect on the day after publication,
23except as follows:
SB312-SSA2,24,2
1(1) Administrative rules. The treatment of administrative rules takes effect
2as provided in s. 227.265.
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