LRB-3837/1
MCP:amn&cjs
2021 - 2022 LEGISLATURE
June 8, 2021 - Introduced by Representative Behnke. Referred to Committee on
Energy and Utilities.
AB392,1,2 1An Act to create 292.66 of the statutes; relating to: creating a PFAS municipal
2grant program.
Analysis by the Legislative Reference Bureau
This bill creates a municipal grant program, administered by the Department
of Natural Resources, to address perfluoroalkyl and polyfluoroalkyl substances
(PFAS). Under the program, DNR must provide grants to cities, towns, villages,
counties, utility districts, lake protection districts, sewerage districts, and municipal
airports. DNR may award a grant only if the applicant tested or trained with a
PFAS-containing fire fighting foam in accordance with applicable state and federal
law, or if a third party tested or trained with PFAS-containing fire fighting foam
within the boundaries of the municipality; the applicant applied biosolids to land
under a water pollution permit issued by DNR; or PFAS are impacting the applicant's
drinking water supply or surface water or groundwater within the municipality and
the responsible party is unknown or is unwilling or unable to take the necessary
response actions.
Under the bill, grants provided under this program may be used to investigate
potential PFAS impacts in order to reduce or eliminate environmental
contamination; treat or dispose of PFAS-containing fire fighting foam containers;
sample a private water supply within one mile of a site or facility known to contain
PFAS or to have caused a PFAS discharge; provide a temporary emergency water
supply, a water treatment system, or bulk water to replace water contaminated with
PFAS; conduct emergency, interim, or remedial actions to mitigate, treat, dispose of,
or remove PFAS contamination; or remove or treat PFAS in public water systems in

areas where PFAS levels exceed the maximum contaminant level for PFAS in
drinking water or an enforcement standard for PFAS in groundwater or in areas
where the state has issued a health advisory for PFAS.
An applicant that receives a grant under this program must contribute
matching funds equal to at least 20 percent of the amount of the grant. The applicant
must apply for a grant on a form prescribed by DNR and must include any
information that DNR finds is necessary to determine the eligibility of the project,
identify the funding requested, determine the priority of the project, and calculate
the amount of a grant. In awarding grants under this program, DNR must consider
the applicant's demonstrated commitment to performing and completing eligible
activities, including the applicant's financial commitment and ability to successfully
administer grants; and the degree to which the project will have a positive impact
on public health and the environment.
Under the bill, an applicant that receives a grant under this program waives
the right to bring or maintain an action or claim against any person alleged to be
responsible for the PFAS contamination that is the basis for the grant, and DNR may
not issue a grant to an applicant that has received a monetary award from an action
or claim brought against such a person. The bill also states that no action or claim
may be brought against any person alleged to be responsible for the PFAS
contamination that is the basis for a grant under this program by any person or with
respect to any property that benefitted from the expenditure of such a grant.
The bill directs the governor to allocate $10,000,000 per fiscal year for the grant
program from the moneys accepted from the federal government under the federal
American Rescue Plan Act of 2021.
Finally, the bill states that it may not be construed as a legislative grant of
authority to a municipality to regulate PFAS substances or enter private property
without the advance written consent of the property owner.
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:
AB392,1 1Section 1. 292.66 of the statutes is created to read:
AB392,2,2 2292.66 PFAS municipal grant program. (1) Definitions. In this section:
AB392,2,33 (a) “Class B fire fighting foam” has the meaning given in s. 299.48 (1) (a).
AB392,2,54 (b) “Municipality” means a city, village, town, county, utility district, lake
5protection district, sewerage district, or municipal airport.
AB392,2,66 (c) “PFAS” means a perfluoroalkyl or polyfluoroalkyl substance.
AB392,3,3
1(2) Financial assistance. The department shall administer a program to
2provide grants to municipalities that meet the requirements under sub. (3) for the
3purpose of conducting any of the eligible activities under sub. (4).
AB392,3,5 4(3) Eligibility prerequisites. A grant may be awarded under sub. (2) only if
5one of the following has occurred:
AB392,3,96 (a) The municipality tested or trained with a class B fire fighting foam that
7contained intentionally added PFAS in accordance with applicable state and federal
8law, or a 3rd party tested or trained with a class B fire fighting foam that contained
9intentionally added PFAS within the boundaries of the municipality.
AB392,3,1110 (b) The municipality applied biosolids to land under a permit issued by the
11department under s. 283.31.
AB392,3,1412 (c) PFAS are impacting the municipality's drinking water supply or surface
13water or groundwater within the municipality and the responsible party is unknown
14or is unwilling or unable to take the necessary response actions.
AB392,3,16 15(4) Eligible activities. The department may award a grant under sub. (2) for
16any of the following activities:
AB392,3,1917 (a) Investigating potential PFAS impacts to the air, land, or water at a
18municipal site or facility for the purpose of reducing or eliminating environmental
19contamination.
AB392,3,2120 (b) Treating or disposing of PFAS-containing fire fighting foam containers from
21a municipal site or facility.
AB392,3,2322 (c) Sampling a private water supply within one mile of a site or facility known
23to contain PFAS or to have caused a PFAS discharge.
AB392,3,2524 (d) Providing a temporary emergency water supply, a water treatment system,
25or bulk water to replace water contaminated with PFAS.
AB392,4,2
1(e) Conducting emergency, interim, or remedial actions to mitigate, treat,
2dispose of, or remove PFAS contamination to the air, land, or waters of the state.
AB392,4,73 (f) Removing or treating PFAS in a public water system using the most
4cost-effective method to provide safe drinking water in areas where PFAS levels
5exceed the maximum contaminant level for PFAS under ch. 281 or an enforcement
6standard for PFAS under ch. 160 or where the state has issued a health advisory for
7PFAS.
AB392,4,11 8(5) Application. A municipality shall apply for a grant on a form prescribed
9by the department and shall include any information that the department finds
10necessary to determine the eligibility of the project, identify the funding requested,
11determine the priority of the project, and calculate the amount of a grant.
AB392,4,13 12(6) Evaluation criteria. The department, in awarding grants under this
13section, shall consider all of the following criteria:
AB392,4,1614 (a) The municipality's demonstrated commitment to performing and
15completing eligible activities, including the municipality's financial commitment
16and ability to successfully administer grants.
AB392,4,1817 (b) The degree to which the project will have a positive impact on public health
18and the environment.
AB392,4,22 19(7) Matching funds. The department may not distribute a grant under this
20section unless the applicant contributes matching funds equal to at least 20 percent
21of the amount of the grant. Matching funds may be in the form of cash, in-kind
22contributions, or both.
AB392,5,5 23(8) Waiver of action. (a) An applicant that receives a grant under this section
24waives the right to bring or maintain an action or claim against any person alleged
25to be responsible for the PFAS contamination that is the basis for the grant. An

1applicant shall affirmatively acknowledge this waiver before receiving a grant under
2this section. The department may not issue a grant under this section to an applicant
3that has received a monetary award from an action or claim brought against any
4person alleged to be responsible for the PFAS contamination that is the basis for the
5grant.
AB392,5,96 (b) No action or claim may be brought against any person alleged to be
7responsible for the PFAS contamination that is the basis for a grant under this
8section by any person or with respect to any property that benefitted from the
9expenditure of such a grant.
AB392,5,12 10(9) Construction; local authority. Nothing in this section shall be construed
11as a legislative grant of authority to a municipality to regulate PFAS substances or
12enter private property without the advance written consent of the property owner.
AB392,2 13Section 2. Nonstatutory provisions.
AB392,5,1814 (1) Funding for PFAS municipal grant program. Of the moneys the governor
15accepts from the federal government under s. 16.54 pursuant to section 602 of the
16federal Social Security Act as amended by the federal American Rescue Plan Act of
172021, P.L. 117-2, the governor shall allocate $10,000,000 per fiscal year for the grant
18program under s. 292.66.
AB392,5,1919 (End)
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