AB419: Bill Text

Report on regulating PFAS as a class

The bill also requires DNR and DHS to submit a joint report to the legislature, no later than June 30, 2023, on the feasibility and advisability of regulating PFAS as one or more classes of substances.

Funding and emergency rules for PFAS fire fighting foam collection

The bill provides $1,000,000 in a new continuing SEG appropriation for the purpose of collecting and disposing of PFAS-containing fire fighting foam. The bill also allows DNR to promulgate emergency rules relating to the collection and disposal of PFAS-containing fire fighting foams without finding an emergency, preparing a statement of scope, or submitting the final proposed rules to the governor for approval.

Funding for sampling and testing public water supplies for PFAS

The bill also provides $750,000 in a new continuing SEG appropriation for the purpose of sampling and testing public water supplies for PFAS.

Funding for testing for PFAS in rivers and wastewater treatment facilities

The bill increases SEG funding for DNR to test for PFAS contamination in water supplies, including $55,000 each fiscal year for testing in rivers and $25,000 each fiscal year for testing at wastewater treatment facilities.

Funding for testing for PFAS at sites under state responsibility

The bill also increases SEG funding for DNR by $600,000 in each fiscal year for the purpose of testing for and addressing PFAS contamination at sites and facilities for which the state has assumed responsibility.

DNR PFAS positions

The bill authorizes 11.0 additional SEG positions relating to PFAS in DNR and provides funding for those positions.

DHS PFAS positions

The bill authorizes 4.0 additional GPR positions in DHS for the purpose of recommending groundwater enforcement standards for PFAS and provides funding for those positions.

PFAS action fund

Finally, the bill creates a new segregated fund, designated as the PFAS action fund, to collect all moneys received from DNR's portion of settlement agreements in court actions, or proposed actions, resulting from PFAS contamination. The funds must be used to carry out the purposes for which they were received.

For further information see the state and local 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:

AB419,1 Section 1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table

AB419,2 Section 2. 20.285 (1) (as) of the statutes is created to read:

AB419,7,3 20.285 (1) (as) PFAS human health study. The amounts in the schedule to conduct the study under s. 36.50.

AB419,3 Section 3. 20.370 (1) (mu) of the statutes is amended to read:

AB419,8,4 20.370 (1) (mu) General program operations — state funds. The amounts in the schedule for general program operations that are conducted under ss. 23.09 to 23.11, 27.01, 30.203, 30.277, and 90.21, and chs. 29 and 169, for activities conducted under the ecological inventory and monitoring program of the endangered resources program, for the aquatic and terrestrial resources inventory under s. 23.09 (2) (km), for providing the signage required under s. 23.118, for toxicology testing relating to perfluoroalkyl and polyfluoroalkyl substances, and for payments of $53,700 in each fiscal year, to be credited to the appropriation account under s. 20.285 (1) (k), to the University of Wisconsin System for outdoor skills training under s. 29.598.

AB419,4 Section 4. 20.370 (4) (az) of the statutes is created to read:

AB419,8,8 20.370 (4) (az) PFAS — settlement funds. From the PFAS action fund, all moneys described under s. 25.461 to carry out the purposes for which they are received.

AB419,5 Section 5. 20.370 (4) (pr) of the statutes is created to read:

AB419,8,12 20.370 (4) (pr) PFAS in public water supplies. From the environmental fund, as a continuing appropriation, the amounts in the schedule for sampling and testing public water supplies for PFAS contamination.

AB419,6 Section 6. 20.370 (4) (ps) of the statutes is created to read:

AB419,8,16 20.370 (4) (ps) PFAS in fire fighting foam. From the environmental fund, as a continuing appropriation, the amounts in the schedule for the collection and disposal of PFAS-containing fire fighting foam.

AB419,7 Section 7. 20.370 (6) (ed) of the statutes is created to read:

AB419,8,20 20.370 (6) (ed) Environmental aids — PFAS municipal grant program. As a continuing appropriation, the amounts in the schedule for the municipal grant program under s. 292.66.

AB419,8 Section 8. 20.370 (6) (ee) of the statutes is created to read:

AB419,8,24 20.370 (6) (ee) Environmental aids — county well testing grant program. As a continuing appropriation, the amounts in the schedule for the county well testing grant program under s. 292.67.

AB419,9 Section 9. 25.17 (1) (kt) of the statutes is created to read:

AB419,9,1 25.17 (1) (kt) PFAS action fund (s. 25.461);

AB419,10 Section 10. 25.461 of the statutes is created to read:

AB419,9,8 25.461 PFAS action fund. There is established a separate nonlapsible trust fund designated as the PFAS action fund, to consist of moneys that are received for the department of natural resources under settlement agreements or orders in settlement of actions or proposed actions for violations of chs. 280 to 299, or in settlement of actions initiated under 42 USC 9601 to 9675, resulting from environmental contamination from a perfluoroalkyl or polyfluoroalkyl substance.

AB419,11 Section 11. 36.50 of the statutes is created to read:

AB419,9,17 36.50 PFAS human health study. The Division of Extension at the University of Wisconsin-Madison shall conduct a longitudinal human health study to assess the possible human health effects of perfluoroalkyl and polyfluoroalkyl substances. The division shall, at a minimum, conduct a long-term health survey of participants, test blood and urine samples from participants for the presence and levels of perfluoroalkyl and polyfluoroalkyl substances and for markers of health effects, and analyze the results. The division shall make any data generated from this study available to the department of health services.

AB419,12 Section 12. 160.07 (7) of the statutes is created to read:

AB419,9,24 160.07 (7) The department shall apply the department of health services' recommended enforcement standards for any perfluoroalkyl or polyfluoroalkyl substance as an interim enforcement standard for all facilities, practices, and activities that may affect groundwater and that are regulated under ch. 85, 93, 94, 101, 145, 281, 283, 287, 289, 291, or 292, unless emergency or permanent rules that establish an enforcement standard for that substance are in effect.

AB419,13 Section 13. 160.15 (4) of the statutes is created to read:

AB419,10,6 160.15 (4) Notwithstanding sub. (1), if an interim enforcement standard for a perfluoroalkyl or polyfluoroalkyl substance is applied under s. 160.07 (7), the department shall apply an interim preventive action limit for that substance of 20 percent of the concentration established as the interim enforcement standard, unless emergency or permanent rules that establish a preventive action limit for that substance are in effect.

AB419,14 Section 14. 227.139 (5) of the statutes is created to read:

AB419,10,12 227.139 (5) This section does not apply to a proposed rule of the department of natural resources establishing acceptable levels and standards, performance standards, monitoring requirements, and required response actions for any perfluoroalkyl or polyfluoroalkyl substance or group or class of such substances in groundwater, drinking water, surface water, air, soil, or sediment.

AB419,15 Section 15. 281.15 (5m) of the statutes is created to read:

AB419,10,17 281.15 (5m) The department shall promulgate water quality criteria under this section for any perfluoroalkyl or polyfluoroalkyl substance for which the department receives a recommended groundwater enforcement standard from the department of health services.

AB419,16 Section 16. 281.17 (8) (c) of the statutes is created to read:

AB419,10,22 281.17 (8) (c) 1. The department shall apply the department of health services' recommended enforcement standards for any perfluoroalkyl or polyfluoroalkyl substances as an interim maximum contaminant level for public water systems and water suppliers.

AB419,10,25 2. The department shall require public water systems and water suppliers to monitor the substances described under subd. 1. in accordance with the requirements established under ss. NR 809.20 to 809.207, Wis. Adm. Code.

AB419,11,5 3. Public water systems and water suppliers shall use, as an interim best available technology, granular activated carbon, powdered activated carbon, ion exchange resins, nanofiltration, or reverse osmosis to treat the substances described under subd. 1. and any other perfluoroalkyl and polyfluoroalkyl substances for which the department of health services has recommended an enforcement standard.

AB419,11,8 4. Public water systems and water suppliers shall use laboratories certified to analyze drinking water to conduct testing under this paragraph, and shall use the method detection limit for reporting purposes.

AB419,11,11 5. This paragraph does not apply to any substance for which the department has established a maximum contaminant level in an emergency rule or permanent rule.

AB419,17 Section 17. 281.61 (6) of the statutes is amended to read:

AB419,12,3 281.61 (6) Priority list. The department shall establish a priority list that ranks each safe drinking water loan program project. The department shall promulgate rules for determining project rankings that, to the extent possible, give priority to projects that address the most serious risks to human health, that are necessary to ensure compliance with the Safe Drinking Water Act, 42 USC 300f to 300j-26, and that assist applicants that are most in need on a per household basis, according to affordability criteria specified in the rules. For the purpose of ranking projects under this subsection, the department shall treat a project to upgrade a public water system to provide continuous disinfection of the water that it distributes as if the public water system were a surface water system that federal law requires to provide continuous disinfection. For the purpose of ranking projects under this subsection, if the department of health services has recommended an enforcement standard for perfluoroalkyl or polyfluoroalkyl substances, the department of natural resources shall treat a project relating to those perfluoroalkyl or polyfluoroalkyl substances as if a maximum contaminant level for those substances has been attained or exceeded.

AB419,18 Section 18. 281.79 of the statutes is created to read:

AB419,12,6 281.79 Negotiations for alternate source of water due to PFAS contamination. (1) Definitions. In this section:

AB419,12,8 (a) “Municipality” means a city, village, town, county, utility district, lake protection district, sewerage district, or municipal airport.

AB419,12,9 (b) “Private water supply” has the meaning given in s. 281.77 (1) (a).

AB419,12,16 (2) Request for mediator. A municipality that contains private water supplies that have been contaminated by perfluoroalkyl or polyfluoroalkyl substances and that is entitled to obtain an alternate source of water or to connect to a public water supply or another private water supply under s. 281.75 or 281.77 may request that the department appoint a mediator to assist in negotiations if the alternate source of water is to be provided by or the connection is to be made to a water supply located within another municipality.

AB419,13,2 (3) List of mediators. The department shall maintain a list of competent and disinterested mediators qualified to perform the duties under this section. None of the mediators may be employees of the department. Upon receiving a request from a municipality under sub. (2), the secretary or his or her designee shall select 2 or 3 mediators from the list and inform the requesting municipality of the persons selected. The municipalities and any responsible parties participating in negotiation shall choose a mediator and shall notify the department of the person selected, upon which the secretary or his or her designee shall appoint the mediator. If the parties cannot agree on a mediator, the secretary or his or her designee shall appoint a mediator.

AB419,13,12 (4) Negotiation. The mediator, immediately upon being appointed, shall contact the department, the municipalities, and any participating responsible parties and shall schedule negotiating sessions. The mediator shall schedule the first negotiating session no later than 20 days after being appointed. The mediator may meet with all parties to the negotiation, individual parties, or groups of parties. The mediator shall facilitate a discussion between the municipalities and any participating responsible parties to attempt to reach an agreement on the provision of an alternate source of water to the requesting municipality or the connection to a public water supply or another private water supply and the contribution of funds by the municipalities and any responsible parties.

AB419,13,15 (5) Addition of parties. The mediator shall permit the addition to the negotiation, at any time, of any responsible party or any other person who wishes to be a party to the negotiated agreement.

AB419,13,20 (6) Agreement. The parties to the negotiation may enter into an agreement, in accordance with ss. 292.11 and 292.31, regarding the provision of an alternate source of water to the requesting municipality or the connection to a public water supply or another private water supply and the contribution of funds by the municipalities and any responsible parties.

AB419,14,2 (7) Failure to reach an agreement. If the parties to the negotiation are unable to reach an agreement under sub. (6) by the end of the period of negotiation, the mediator shall make a recommendation to the department and to the parties to the negotiation regarding the provision of an alternate source of water to the requesting municipality or the connection to a public water supply or another private water supply and the contribution of funds by the municipalities and any responsible parties.

AB419,14,7 (8) Costs. The municipalities and any responsible parties that participate in negotiations shall pay for the costs of the mediator, whether or not an agreement among the parties is reached under sub. (6) or the parties accept the recommendation of the mediator under sub. (7). The mediator shall determine an equitable manner of paying for the costs of the mediator, which is binding.

AB419,14,10 (9) Technical assistance. The department shall provide technical assistance to a mediator at the request of the mediator. The department may limit the amount of staff time allocated to each negotiation.

AB419,19 Section 19. 285.27 (2) (bm) of the statutes is created to read:

AB419,14,19 285.27 (2) (bm) Standards for PFAS. The department shall promulgate emission standards for any perfluoroalkyl or polyfluoroalkyl substance for which the department of health services has recommended a groundwater enforcement standard to provide adequate protection for public health and welfare, taking into account energy, economic, and environmental impacts and other costs related to the emission source. The department shall begin promulgating standards under this paragraph within 12 months of receiving a recommended groundwater enforcement standard from the department of health services.

AB419,20 Section 20. 292.31 (1) (d) (intro.) of the statutes is amended to read:

AB419,15,4 292.31 (1) (d) Access to information. (intro.) Upon the request of any officer, employee, or authorized representative of the department, any person who generated, transported, treated, stored, or disposed of solid or hazardous waste which that may have been disposed of at a site or facility under investigation by the department and any person who generated solid or hazardous waste at a site or facility under investigation by the department that was transported to, treated at, stored at, or disposed of at another site, facility, or location shall provide the officer, employee, or authorized representative access to any records or documents in that person's custody, possession, or control which relate to:

AB419,21 Section 21. 292.31 (1) (d) 1m. of the statutes is created to read:

AB419,15,8 292.31 (1) (d) 1m. The type and quantity of waste generated at the site or facility that was transported to, treated at, stored at, or disposed of at another site, facility, or location, and the dates and locations of these activities.

AB419,22 Section 22. 292.31 (11) of the statutes is created to read:

AB419,15,15 292.31 (11) Residual contaminant levels for PFAS. The department shall require responsible parties to establish residual contaminant levels for the cleanup of contaminated soil and sediment, as required under rules promulgated by the department, as a result of a discharge of any perfluoroalkyl or polyfluoroalkyl substance for which the department receives a recommended groundwater enforcement standard from the department of health services.

AB419,23 Section 23. 292.66 of the statutes is created to read:

AB419,15,17 292.66 PFAS municipal grant program. (1) Definitions. In this section:

AB419,15,18 (a) “Class B fire fighting foam” has the meaning given in s. 299.48 (1) (a).

AB419,15,20 (b) “Municipality” means a city, village, town, county, utility district, lake protection district, sewerage district, or municipal airport.

AB419,15,21 (c) “PFAS” means a perfluoroalkyl or polyfluoroalkyl substance.

AB419,15,25 (2) Financial assistance. The department shall administer a program to provide grants from the appropriation under s. 20.370 (6) (ed) to municipalities that meet the requirements under sub. (3) for the purpose of conducting any of the eligible activities under sub. (4).

AB419,16,2 (3) Eligibility prerequisites. A grant may be awarded under sub. (2) only if one of the following has occurred:

AB419,16,6 (a) The municipality tested or trained with a class B fire fighting foam that contained intentionally added PFAS in accordance with applicable state and federal law, or a 3rd party tested or trained with a class B fire fighting foam that contained intentionally added PFAS within the boundaries of the municipality.

AB419,16,8 (b) The municipality applied biosolids to land under a permit issued by the department under s. 283.31.

AB419,16,11 (c) One or more PFAS are impacting the municipality'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.

AB419,16,13 (4) Eligible activities. The department may award a grant under sub. (2) for any of the following activities:

AB419,16,15 (a) Investigating potential PFAS impacts to the air, land, or water at a site or facility for the purpose of reducing or eliminating environmental contamination.