Amendment SA2-SSA2-SB312

SB312-SSA2-SA2,8,3 (3) Limitations. (a) The department may not require the recipient of a grant under sub. (2) to take action to address PFAS contamination unless testing demonstrates that PFAS levels exceed any applicable promulgated standard under state or federal law or unless another applicable state or federal law allows the department to require a grant recipient to take such action.

SB312-SSA2-SA2,8,7 (b) The department may not publicly disclose the results of any PFAS testing conducted under this section unless the department notifies the grant recipient at least 72 hours before publicly disclosing any test result. This paragraph does not apply to any testing required or conducted under ch. 281 or 283.

SB312-SSA2-SA2,9 Section 9. 292.32 of the statutes is created to read:

SB312-SSA2-SA2,8,10 292.32 Limitations on department actions relating to PFAS. (1) Definitions. In this section:

SB312-SSA2-SA2,8,12 (a) “Construction project” means a building project that will affect one or more parcels.

SB312-SSA2-SA2,8,13 (b) “PFAS” has the meaning given in s. 292.315 (1).

SB312-SSA2-SA2,8,19 (c) “Public works” means the physical structures and facilities developed or acquired by a local unit of government or a federally recognized American Indian tribe or band in this state to provide services and functions for the benefit and use of the public, including water, sewerage, waste disposal, utilities, and transportation, and privately owned solid waste disposal facilities that accept residential waste.

SB312-SSA2-SA2,9,3 (2) Probable cause required for testing. Notwithstanding any conflicting provisions of this chapter, the department may not require the owner of a property to conduct testing under this chapter for the presence of PFAS without probable cause that the property had or currently has an amount of PFAS that is likely to pose a substantial present or potential hazard to human health or the environment. For purposes of this subsection, property does not include a property used for industrial purposes, including manufacturing. For purposes of this subsection, a basis for probable cause includes the reporting of a PFAS spill under this chapter or under section 304 of the federal Emergency Planning and Community Right-to-Know Act.

SB312-SSA2-SA2,9,7 (3) Construction projects. Notwithstanding any conflicting provisions of this chapter, the department may not prevent, delay, or otherwise impede any construction project or project of public works on the basis of a presence of PFAS contamination unless the department determines any of the following:

SB312-SSA2-SA2,9,8 (a) The project poses a substantial risk to public health or welfare.

SB312-SSA2-SA2,9,10 (b) There is a substantial risk that the project will create worsening environmental conditions.

SB312-SSA2-SA2,9,12 (c) The entity proposing to complete the project is, as a result of reckless or intentional conduct, responsible for the original contamination.

SB312-SSA2-SA2,9,14 (d) The department is specifically required under the federal Clean Water Act to prevent, delay, or otherwise impede the project.

SB312-SSA2-SA2,9,17 (4) PFAS testing and enforcement on nonstate lands. If department staff or a 3rd-party entity contracted by the department seeks to conduct voluntary testing under this chapter for PFAS, all of the following shall apply:

SB312-SSA2-SA2,9,23 (a) If the department, or an entity contracted by the department, seeks to collect voluntary samples from lands not owned by the state based on permission from the landowner, such permission shall be in writing, and the department shall notify the landowner that such permission includes the authority to collect samples, to test those samples, and to publicly disclose the results of that testing. A landowner may revoke such permission at any time prior to the collection of samples.

SB312-SSA2-SA2,9,25 (b) The department may not publicly disclose the results of any PFAS testing conducted on samples taken from lands not owned by the state unless the department notifies the landowner of the test results at least 72 hours before publicly disclosing the test results.

SB312-SSA2-SA2,10,9 (5) PFAS testing requests. The department shall, in a timely manner, respond to requests from any person to conduct PFAS testing on samples taken from the person's property if practicable and if funds are available to do so, if there is a reasonable belief that PFAS contamination may be present on the property, and if existing information such as public water supply testing data is not available. The department may contract with a 3rd party to respond to requests for testing under this subsection.

SB312-SSA2-SA2,10 Section 10. 292.34 of the statutes is created to read:

SB312-SSA2-SA2,10,12 292.34 Innocent landowner grant program. (1) In this section, “PFAS” has the meaning given in s. 292.315 (1).

SB312-SSA2-SA2,10,16 (1m) This section applies only to PFAS for which there is a state or federal standard, a public health recommendation from the department of health services under s. 160.07, or a health advisory issued by the federal environmental protection agency.

SB312-SSA2-SA2,10,23 (2) The department shall administer a program under which the department may provide a grant to an eligible person who owns, leases, manages, contracts for, or holds a department-issued solid waste facility license for property that is contaminated by PFAS; or to a person who is applying on behalf of multiple eligible persons that are located in the same geographic region and that will be conducting similar activities under sub. (4), if the applicant will be the entity conducting the activities under sub. (4).

SB312-SSA2-SA2,10,24 (3) All of the following are persons eligible for a grant under this section:

SB312-SSA2-SA2,11,2 (a) A person that spread biosolids or wastewater residuals contaminated by PFAS in compliance with any applicable license or permit.

SB312-SSA2-SA2,11,5 (b) A person that owns land upon which biosolids or wastewater residuals contaminated by PFAS were spread in compliance with any applicable license or permit.

SB312-SSA2-SA2,11,8 (c) A fire department or municipality that responded to emergencies that required the use of PFAS or that conducted training for such emergencies in compliance with applicable federal regulations.

SB312-SSA2-SA2,11,9 (d) A solid waste disposal facility that accepted PFAS.

SB312-SSA2-SA2,11,11 (e) A person that owns, leases, manages, or contracts for property on which the PFAS contamination did not originate.

SB312-SSA2-SA2,11,17 (4) Grants under this section may be used to cover costs associated with additional testing; environmental studies; engineering reports; clean drinking water supplies, including temporary potable water, filtration, well replacement, or interconnection to a municipal water supply; remediation costs; and any other cost resulting from landspreading of contaminated biosolids, detection of groundwater contamination, or other contamination events affecting the property.

SB312-SSA2-SA2,11,21 (5) The department shall accept applications for grants and award grants under this section on a rolling basis. The department shall give priority to applications for grants under this section that address PFAS contamination in wells serving a private water supply, as defined in s. 281.75 (1) (f).

SB312-SSA2-SA2,11,25 (6) Grants awarded under this section may not exceed $250,000 for each eligible person. The department may require the recipient of a grant under this section to provide matching funds in an amount not to exceed 5 percent of the amount of the grant.

SB312-SSA2-SA2,11 Section 11. NR 811.12 (1) (g) 2. of the administrative code is renumbered NR 811.12 (1) (g) 2. (intro.) and amended to read:

SB312-SSA2-SA2,12,6 NR 811.12 (1) (g) 2. (intro.) Test wells to be converted to permanent wells or test wells to be pumped at a rate of 70 gallons per minute or more for a period of more than 72 hours All of the following test wells shall be approved by the department prior to their construction.:

SB312-SSA2-SA2,12 Section 12. NR 811.12 (1) (g) 2. a., b. and c. of the administrative code are created to read:

SB312-SSA2-SA2,12,9 NR 811.12 (1) (g) 2. a. Test wells to be converted to permanent wells.

SB312-SSA2-SA2,12,11 b. Test wells to be pumped at a rate of 70 gallons per minute or more for a period of more than 72 hours.

SB312-SSA2-SA2,12,16 c. Test wells located in special well casing depth areas that are designated by the department as special well casing depth areas based in whole or in part on the presence of perfluoroalkyl or polyfluoroalkyl substances. Approval under this subd. 2. c. shall include review and approval of specifications and plans relating to drilling, well casing, and filling and sealing.

SB312-SSA2-SA2,13 Section 13. PSC 184.06 of the administrative code is amended to read:

SB312-SSA2-SA2,13,2 PSC 184.06 Emergency work. In case of an emergency resulting from the failure of power supply or from fire, storm, or similar events, a utility may begin necessary repair work without receiving prior commission authorization. In case of an emergency resulting from the contamination of water supply, a utility may begin necessary repair, temporary treatment, or other emergency work to address the issue without receiving prior commission authorization. The utility shall promptly notify the commission of the emergency work and shall, within 30 days after commencing the work, furnish the commission with the information required under s. PSC 184.04 (3).

SB312-SSA2-SA2,14 Section 14 . Nonstatutory provisions.

SB312-SSA2-SA2,13,13 (1) Portable treatment system pilot. The department of natural resources shall contract with an entity to conduct a pilot project in which surface water is partially or fully diverted to a portable treatment system and treated water is returned to the surface water. Project activities under this subsection shall be conducted at locations with surface water with the highest concentration of perfluoroalkyl or polyfluoroalkyl substances and where a responsible party has not been identified or the responsible party is unable to pay for remediation. The department of natural resources and the entity contracted under this subsection shall evaluate the success of the pilot project by conducting tests upstream and downstream of the locations where the portable treatment system is used.

SB312-SSA2-SA2,13,24 (2) Remedial action at sites contaminated by PFAS. The department of natural resources may begin response and remedial actions, including site investigations, at any site contaminated by perfluoroalkyl or polyfluoroalkyl substances where a responsible party has not been identified or where the responsible party qualifies as an innocent landowner under s. 292.34. The department of natural resources may contract with a 3rd party to conduct response and remedial actions under this subsection. The department of natural resources shall prioritize response and remedial actions at sites with the highest levels of perfluoroalkyl or polyfluoroalkyl substances and sites with the greatest threats to public health or the environment as a result of perfluoroalkyl or polyfluoroalkyl substances.

SB312-SSA2-SA2,13,25 (3) PFAS testing laboratories.

SB312-SSA2-SA2,14,10 (a) The department of natural resources and the Board of Regents of the University of Wisconsin System shall enter into a memorandum of understanding to jointly 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 under s. 299.11 (7) to test for contaminants other than perfluoroalkyl or polyfluoroalkyl substances to become certified under s. 299.11 (7) to test for perfluoroalkyl or polyfluoroalkyl substances, and to assist laboratories in this state that are certified under s. 299.11 (7) to test for perfluoroalkyl or polyfluoroalkyl substances in reducing the costs of such testing and shortening the timeline for receiving such testing results.

SB312-SSA2-SA2,14,20 (b) The Board of Regents of the University of Wisconsin System, in coordination with the department of natural resources, may provide grants to laboratories in this state that are certified under s. 299.11 (7) to test for perfluoroalkyl or polyfluoroalkyl substances, or that are seeking such certification, to assist with the cost of purchasing equipment necessary for testing for perfluoroalkyl or polyfluoroalkyl substances. A grant under this paragraph may not exceed 40 percent of the cost of such equipment. All laboratories in this state that are certified under s. 299.11 (7) to test for perfluoroalkyl or polyfluoroalkyl substances, or that are seeking such certification, shall be given equal opportunity to receive a grant under this paragraph.

SB312-SSA2-SA2,14,24 (c) The state laboratory of hygiene shall prepare a report on its efforts under this subsection and shall deliver the report to the joint committee on finance and the standing committees with jurisdiction over natural resources and the environment no later than August 31, 2025.

SB312-SSA2-SA2,14,25 (4) PFAS studies and reporting.

SB312-SSA2-SA2,15,1 (a) In this subsection, “PFAS” has the meaning given in s. 292.315 (1).

SB312-SSA2-SA2,15,6 (b) The department of natural resources and the Board of Regents of the University of Wisconsin System shall enter into a memorandum of understanding to jointly do all of the following, with the assistance of University of Wisconsin institutions, the department of natural resources and other relevant state agencies, county land and water conservation departments, and local 3rd parties, if available:

SB312-SSA2-SA2,15,8 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.

SB312-SSA2-SA2,15,10 2. Conduct a cost-benefit analysis of different options for disposing of biosolids or sludge that contains or may contain PFAS.

SB312-SSA2-SA2,15,12 3. Study and analyze the cost, feasibility, and effectiveness of different destruction and disposal methods for PFAS.

SB312-SSA2-SA2,15,17 4. For sites contaminated by PFAS, in consultation with persons who are able and qualified to conduct environmental remediation in this state, 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.

SB312-SSA2-SA2,15,20 5. Study and analyze the migration of PFAS into the bay of Green Bay, including where the PFAS are entering the bay and what effects PFAS may have in the bay.

SB312-SSA2-SA2,15,24 6. Study and analyze the migration of PFAS into the Wisconsin River and its tributaries and the Mississippi River and its tributaries, including where the PFAS are entering surface waters and unconfined groundwater and what effects PFAS may have in those rivers.

SB312-SSA2-SA2,16,5 7. Create a comprehensive, interactive map showing all available PFAS testing data and whether each data point on the map exceeds any applicable promulgated state or federal standard for PFAS. 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 ch. 281 or 283.

SB312-SSA2-SA2,16,7 8. Conduct any additional studies related to PFAS, as approved by the joint committee on finance.

SB312-SSA2-SA2,16,12 (c) The Board of Regents of the University of Wisconsin System shall require the University of Wisconsin-Madison division of extension to provide the map and reports on the studies required under this subsection to the joint committee on finance and the standing committees with jurisdiction over natural resources and the environment no later than 2 years after the effective date of this paragraph.

SB312-SSA2-SA2,16,20 (5) Reports to legislature on progress under this act. For a period of 3 years after the effective date of this subsection, the department of natural resources shall, every 6 months, submit a report to the joint committee on finance and to the standing committees with jurisdiction over natural resources and the environment. The first report under this subsection shall be submitted no later than 6 months after the effective date of this subsection. The report shall include a detailed description of the department's expenditures under this act and a detailed description of the department's progress in implementing the provisions of this act.

SB312-SSA2-SA2,16,22 (6) PFAS testing. In the 2023-25 fiscal biennium, the department of natural resources shall conduct additional voluntary PFAS testing activities.

SB312-SSA2-SA2,17,2 (7) Fire fighting foam. The department of natural resources shall survey or resurvey local fire departments about their use and possession of PFAS-containing fire fighting foam, send communications and information regarding such foam, and contract with a 3rd party to voluntarily collect such foam.

SB312-SSA2-SA2,15 Section 15. Fiscal changes.

SB312-SSA2-SA2,17,8 (1) In the schedule under s. 20.005 (3) for the appropriation to the department of natural resources under s. 20.370 (4) (mw), the dollar amount for fiscal year 2023-24 is increased by $125,000,000 to address and prevent perfluoroalkyl and polyfluoroalkyl substances contamination in this state and to increase the authorized FTE positions for the department by 16.0 SEG positions for this purpose.

SB312-SSA2-SA2,16 Section 16. Effective dates. This act takes effect on the day after publication, except as follows:

SB312-SSA2-SA2,17,12 (1) Administrative rules. The treatment of administrative rules takes effect as provided in s. 227.265.”.

SB312-SSA2-SA2,17,13 (End)