The bill also requires DHS to create and administer a pilot program to provide
free blood testing, beginning no later than September 1, 2020, for individuals living
on or near sites or facilities contaminated with PFAS or other toxic compounds in the
city of Marinette, the town of Peshtigo, the city of Peshtigo, or the town of Porterfield.
The bill further requires any party responsible for contamination of such a site or
facility to reimburse DNR for the cost of the testing; this money is then deposited into
the environmental fund. The bill also requires DHS to conduct a cancer cluster study
to investigate the incidence of PFAS-related cancers and other illnesses in the city
of Marinette, the town of Peshtigo, the city of Peshtigo, and the town of Porterfield.
The bill also creates a new segregated fund, designated as the PFAS action
fund, to collect all moneys received from settlement agreements in court actions, or
proposed actions, resulting from PFAS contamination.

In addition, the bill requires DNR to set criteria for certifying laboratories to
test for PFAS, and to certify laboratories that meet these criteria. These criteria
must be based on protocols established by the federal Environmental Protection
Agency and the federal Department of Defense. Before these criteria are set, the bill
allows DNR to require testing for PFAS to be done according to nationally recognized
standards.
Finally, the bill also requires a person who generates solid or hazardous waste
at a site or facility under investigation by DNR to provide DNR with access to
information relating to any transportation to or treatment, storage, or disposal at
another site, facility, or location.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB843,1 1Section 1 . 25.17 (1) (kt) of the statutes is created to read:
AB843,3,22 25.17 (1) (kt) PFAS action fund (s. 25.461);
AB843,2 3Section 2 . 25.46 (1) (eb) of the statutes is created to read:
AB843,3,54 25.46 (1) (eb) The moneys received from reimbursements under s. 254.25 (3)
5for environmental management.
AB843,3 6Section 3 . 25.461 of the statutes is created to read:
AB843,3,12 725.461 PFAS action fund. There is established a separate nonlapsible trust
8fund designated as the PFAS action fund, to consist of moneys that are received
9under settlement agreements or orders in settlement of actions or proposed actions
10for violations of chs. 280 to 299, or in settlement of actions initiated under 42 USC
119601
to 9675, resulting from environmental contamination from a perfluoroalkyl or
12polyfluoroalkyl substance.
AB843,4 13Section 4 . 36.50 of the statutes is created to read:
AB843,4,3
136.50 PFAS disposal research grant. The board shall provide a grant to a
2campus designated by the board to conduct research into technologies for destroying
3perfluoroalkyl and polyfluoroalkyl substances.
AB843,5 4Section 5. 160.07 (7) of the statutes is created to read:
AB843,4,185 160.07 (7) The department shall use the procedure under s. 227.24 to
6promulgate emergency rules establishing a groundwater enforcement standard for
7any perfluoroalkyl or polyfluoroalkyl substance for which the department receives
8a recommendation from the department of health services under sub. (3). The
9department shall promulgate emergency rules under this subsection no later than
10the first day of the 7th month beginning after the department receives the
11recommendation from the department of health services. Notwithstanding s. 227.24
12(1) (c) and (2), emergency rules promulgated under this subsection remain in effect
13until 3 years after the effective date of this subsection .... [LRB inserts date], or the
14date on which permanent rules take effect, whichever is sooner. Notwithstanding
15s. 227.24 (1) (a) and (3), the department is not required to provide evidence that
16promulgating a rule under this subsection as an emergency rule is necessary for the
17preservation of public peace, health, safety, or welfare and is not required to provide
18a finding of emergency for a rule promulgated under this subsection.
AB843,6 19Section 6 . 254.25 of the statutes is created to read:
AB843,4,22 20254.25 Blood testing pilot program for individuals living near
21contamination sites or facilities. (1)
In this section, “PFAS” means a
22perfluoroalkyl or polyfluoroalkyl substance.
AB843,5,2 23(2) The department shall create and administer a pilot program to provide, at
24no charge, beginning no later than September 1, 2020, blood testing for PFAS for
25individuals living on or near sites or facilities contaminated by PFAS or any other

1toxic compound in the city of Marinette, the town of Peshtigo, the city of Peshtigo,
2and the town of Porterfield.
AB843,5,7 3(3) The department of natural resources is entitled to recover the costs of
4testing under sub. (2) from any party responsible for contamination of the nearby site
5or facility with PFAS or any other toxic compound. Reimbursements to the
6department of natural resources under this subsection shall be credited to the
7environmental fund for environmental management.
AB843,7 8Section 7 . 281.15 (7) of the statutes is created to read:
AB843,5,119 281.15 (7) The department shall promulgate water quality standards for any
10perfluoroalkyl or polyfluoroalkyl substance for which the department receives a
11recommendation from the department of health services under s. 160.07 (3).
AB843,8 12Section 8 . 281.17 (8) (c) of the statutes is created to read:
AB843,5,1613 281.17 (8) (c) The department shall promulgate maximum contaminant level
14drinking water standards for any perfluoroalkyl or polyfluoroalkyl substance for
15which the department receives a recommendation from the department of health
16services under s. 160.07 (3).
AB843,9 17Section 9. 285.27 (2) (bm) of the statutes is created to read:
AB843,5,2418 285.27 (2) (bm) Standard for PFAS. Emission standards for known
19perfluoroalkyl or polyfluoroalkyl substances are needed to provide adequate
20protection for public health and welfare under par. (b). The department shall
21promulgate emission standards for any known perfluoroalkyl or polyfluoroalkyl
22substances to provide adequate protection for public health and welfare, taking into
23account energy, economic, and environmental impacts and other costs related to the
24emission source.
AB843,10 25Section 10 . 292.31 (1) (d) (intro.) of the statutes is amended to read:
AB843,6,9
1292.31 (1) (d) Access to information. (intro.) Upon the request of any officer,
2employee, or authorized representative of the department, any person who
3generated, transported, treated, stored, or disposed of solid or hazardous waste
4which that may have been disposed of at a site or facility under investigation by the
5department and any person who generated solid or hazardous waste at a site or
6facility under investigation by the department that was transported to, treated at,
7stored at, or disposed of at another site, facility, or location
shall provide the officer,
8employee, or authorized representative access to any records or documents in that
9person's custody, possession, or control which relate to:
AB843,11 10Section 11 . 292.31 (1) (d) 1m. of the statutes is created to read:
AB843,6,1311 292.31 (1) (d) 1m. The type and quantity of waste generated at the site or
12facility that was transported to, treated at, stored at, or disposed of at another site,
13facility, or location, and the dates and locations of these activities.
AB843,12 14Section 12 . 292.66 of the statutes is created to read:
AB843,6,15 15292.66 PFAS municipal grant program. (1) Definitions. In this section:
AB843,6,1616 (a) “PFAS” means a perfluoroalkyl or polyfluoroalkyl substance.
AB843,6,2117 (b) “Responsible party” means a generator, an owner or operator, a transporter,
18or a person who possesses or controls a PFAS that is discharged or disposed of or who
19possesses or controls environmental pollution caused by PFAS, or a generator, an
20owner or operator, a transporter, or a person who causes the discharge or disposal of
21a PFAS or who causes environmental pollution caused by PFAS.
AB843,7,2 22(2) Grants. (a) The department shall administer a program to provide grants
23to municipalities that are not responsible parties or that meet the requirements
24under par. (b) for the purpose of conducting any of the eligible activities under sub.
25(3). Except as provided under par. (b), the department may award a grant under this

1subsection only if the responsible party is unknown, cannot be located, or is
2financially unable to pay the cost of the eligible activity.
AB843,7,43 (b) The department may provide a grant to a municipality that is a responsible
4party only if one of the following applies:
AB843,7,105 1. The discharge of PFAS or environmental pollution caused by PFAS resulted
6from the municipality testing or training with a Class B fire fighting foam or using
7a Class B fire fighting foam as part of an emergency fire fighting or fire prevention
8operation, if the testing, training, or use occurred prior to August 1, 2020. In this
9subdivision, “Class B fire fighting foam” means a foam designed for use on a
10flammable liquid fire, and may include a dual action Class A and B foam.
AB843,7,1511 2. The discharge of PFAS or environmental pollution cause by PFAS resulted
12from the municipality applying biosolids to land or making any other discharge, if
13the land application or discharge was done in accordance with a pollution discharge
14elimination system permit issued under ch. 283 and was done prior to the effective
15date of this subdivision .... [LRB inserts date].
AB843,7,17 16(3) Eligible activities. The following activities are eligible for an award of a
17grant under sub. (2):
AB843,7,2018 (a) Investigating potential PFAS environmental pollution or a potential PFAS
19discharge at a site or facility for the purpose of reducing or eliminating
20environmental contamination.
AB843,7,2221 (b) Treating or disposing of PFAS-containing fire fighting foam containers from
22a municipal site or facility.
AB843,7,2423 (c) Sampling a private water supply within 3 miles of a site or facility known
24to contain PFAS.
AB843,8,2
1(d) Providing a temporary emergency water supply, a water treatment system,
2or bulk water to replace water contaminated with PFAS.
AB843,8,33 (e) Remediating a PFAS discharge or PFAS environmental pollution.
AB843,8,6 4(4) Matching funds. The department may not provide a grant under sub. (2)
5unless the municipality contributes matching funds of or in-kind services equal in
6value to at least 20 percent of the amount of the grant.
AB843,8,8 7(5) Rules. The department shall promulgate rules to administer the program
8under this section, including criteria that limit the amount of awards provided.
AB843,13 9Section 13 . 292.74 of the statutes is created to read:
AB843,9,2 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 or who causes the discharge of a
13perfluoroalkyl or polyfluoroalkyl substance to provide proof of financial
14responsibility for conducting emergency response actions, remedial actions,
15environmental repair, and long-term care to address contamination by a potential
16discharge of perfluoroalkyl or polyfluoroalkyl substances or environmental pollution
17that may be caused by a discharge of such substances. The department shall
18establish, by rule, the procedure for determining whether requiring a proof of
19financial responsibility is necessary to protect human health or the environment,
20and may establish requirements for types of financial responsibility, methods for
21calculating amounts of financial responsibility, access and default, bankruptcy
22notifications, and any other requirements the department determines is necessary
23under this section. The proof of financial responsibility required under this section
24shall be in addition to any other proof of financial responsibility or financial

1assurance required under this chapter. This section does not apply to a municipality,
2fire department, fire district, water utility, wastewater utility, or the state.
AB843,14 3Section 14 . 299.15 (2m) of the statutes is created to read:
AB843,9,64 299.15 (2m) The department shall consider all known perfluoroalkyl or
5polyfluoroalkyl substances to be air contaminants for purposes of sub. (2) (a) 2. The
6reporting level for these substances is any amount greater than zero pounds per year.
AB843,15 7Section 15 . Nonstatutory provisions.
AB843,9,88 (1) Testing laboratories; emergency rules.
AB843,9,219 (a) The department of natural resources shall use the procedure under s. 227.24
10to promulgate, no later than the first day of the 7th month beginning after the
11effective date of this paragraph, emergency rules establishing criteria for certifying
12laboratories to test for any perfluoroalkyl or polyfluoroalkyl substances, including
13the standards and methods for such testing, and shall certify laboratories that meet
14these criteria. Notwithstanding s. 227.24 (1) (c) and (2), emergency rules
15promulgated under this paragraph remain in effect until 3 years after the effective
16date of this paragraph or the date on which permanent rules take effect, whichever
17is sooner. Notwithstanding s. 227.24 (1) (a) and (3), the department of natural
18resources is not required to provide evidence that promulgating a rule under this
19paragraph as an emergency rule is necessary for the preservation of public peace,
20health, safety, or welfare and is not required to provide a finding of emergency for a
21rule promulgated under this paragraph.
AB843,9,2422 (b) Before emergency rules are promulgated under par. (a), the department of
23natural resources may require testing for a perfluoroalkyl or polyfluoroalkyl
24substance to be done according to any nationally recognized procedures.
AB843,10,6
1(c) Emergency rules promulgated under par. (a) for drinking water shall be
2based on federal environmental protection agency protocols, if any, for testing for
3perfluoroalkyl and polyfluoroalkyl substances. In promulgating emergency rules
4under par. (a) for nondrinking water, the department of natural resources shall take
5into consideration the latest version of the federal department of defense's Quality
6Systems Manual for Environmental Laboratories.
AB843,10,187 (2) PFAS municipal grant program; emergency rules. The department of
8natural resources shall use the procedure under s. 227.24 to promulgate, no later
9than the first day of the 7th month beginning after the effective date of this
10subsection, emergency rules to create and administer the program under s. 292.66.
11Notwithstanding s. 227.24 (1) (c) and (2), emergency rules promulgated under this
12subsection remain in effect until 3 years after the effective date of this subsection or
13the date on which permanent rules take effect, whichever is sooner.
14Notwithstanding s. 227.24 (1) (a) and (3), the department of natural resources is not
15required to provide evidence that promulgating a rule under this subsection as an
16emergency rule is necessary for the preservation of public peace, health, safety, or
17welfare and is not required to provide a finding of emergency for a rule promulgated
18under this subsection.
AB843,10,2519 (3) Notification. The department of natural resources shall notify the
20legislative reference bureau when the federal Environmental Protection Agency
21promulgates regulations relating to air stack testing methods for any perfluoroalkyl
22or polyfluoroalkyl substance and the effective date of those regulations. The
23legislative reference bureau shall publish a notice in the Wisconsin Administrative
24Register that specifies the effective date of the treatment of ss. 285.27 (2) (bm) and
25299.15 (2m), as determined under Section 16 (1 ) of this act.
AB843,11,11
1(4) Cancer cluster study. The department of health services shall conduct a
2cancer cluster study to investigate the incidence of known and suspected
3perfluoroalkyl-related and polyfluoroalkyl-related cancers and other illnesses in
4the city of Marinette, the town of Peshtigo, the city of Peshtigo, and the town of
5Porterfield. The department shall begin this study within 90 days after the effective
6date of this subsection. The department shall submit a report describing the results
7of the study to any relevant local health departments and to the chief clerk of each
8house of the legislature for distribution to the appropriate standing committees in
9the manner provided under s. 13.172 (3) having jurisdiction over matters relating to
10natural resources, and shall make the results of the study available on its Internet
11site.
AB843,11,2512 (5) Position authorizations; natural resources. The authorized FTE
13positions for the department of natural resources are increased by 9.0 SEG positions,
14to be funded from the appropriation under s. 20.370 (4) (mq), for the purpose of
15administering the provisions of this act. No more than $191,700 in fiscal year
162019-20 and no more than $766,200 in fiscal year 2020-21 may be expended for this
17purpose. The positions shall be placed in the department's environmental
18management division as follows: 1.0 program and policy manager in the office of
19emerging contaminants; 1.0 natural resources administrative policy coordinator; 1.0
20advanced water supply specialist in the drinking and groundwater program; 1.0
21emerging contaminants coordinator in the remediation and redevelopment program;
222.0 advanced hydrogeologists in the remediation and redevelopment program; 1.0
23advanced hydrogeologists in the waste and materials management program; 1.0
24advanced wastewater specialist in the water quality program; and 1.0 advanced
25environmental toxicologist in the great waters program.
AB843,12,5
1(6) Position authorizations; health services. The authorized FTE project
2positions for the department of health services are increased by 1.0 GPR advanced
3toxicologist position and 1.0 GPR research scientist position to be funded from the
4appropriation under s. 20.435 (1) (a), for the purpose of recommending enforcement
5standards for perfluoroalkyl and polyfluoroalkyl substances under s. 160.07.
AB843,16 6Section 16 . Effective dates. This act takes effect on the day after publication,
7except as follows:
AB843,12,118 (1) The treatment of ss. 285.27 (2) (bm) and 299.15 (2m) takes effect on the first
9day after the effective date of the federal Environmental Protection Agency's
10regulations relating to air stack testing methods for one or more perfluoroalkyl or
11polyfluoroalkyl substance.
AB843,12,1212 (End)
Loading...
Loading...