Under current law, a public utility may not engage in certain construction,
expansion, or other projects unless the Public Service Commission grants a
certificate of authority (CA) for the proposed project. Under the bill, if a water public
utility or a combined water and sewer public utility (water utility) fails to obtain a

CA before commencing a project for which one is required, PSC may not investigate,
impose a penalty against, or bring an action to enjoin the water utility if 1) the water
utility undertook the project in response to a public health concern caused by PFAS
or an emerging contaminant, the presence of which was unknown to the water utility
until shortly before it commenced the project, and, if there is an applicable state or
federal standard for the contaminant, the contaminant exceeded or was close to
exceeding that standard; 2) the water utility submits the appropriate application
and supporting documentation to PSC no later than six months after commencing
the project; and 3) the total cost of the project is not greater than $2,000,000 or 50
percent of the utility's operating expenses for the previous year, whichever is less.
Under current law, a water utility may not change the rates that it charges to
customers without first applying to PSC for approval of the change. This bill requires
PSC to authorize a separate rate class of customers if requested by a water utility
under certain circumstances. Specifically, the bill requires this authorization with
respect to those customers to whom water or combined water and sewer utility
service was extended outside of the water utility's service territory in response to a
public health concern caused by contamination. Under the bill, PSC must authorize
higher rates for this class of customers for the purpose of financing the extension of
service. The bill requires PSC to allow the class to remain in effect for 10 years or
for the duration of any financing authorized to fund the extension of service,
whichever is longer.
Limitations on annexation and use of revenue for PFAS source reduction
measures
Under the bill, no city or village may annex territory for which water or
sewerage services have been extended beyond the city's or village's municipal
boundaries due to an immediate public health concern from an emerging
contaminant for at least three years following the completion of the extension of
services unless two-thirds of the qualified electors residing in the affected territory
vote to approve the annexation.
The bill also authorizes a municipal public utility or metropolitan sewerage
district to use revenues from its water or sewerage services for up to half of the cost
of pretreatment or other PFAS source reduction measures for an interconnected
customer or other regular customer if the costs incurred are less than the costs of the
upgrades otherwise required at the endpoint treatment facility and if the costs are
approved by the governing body of the municipality or the metropolitan sewerage
district.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB312,1 1Section 1 . 66.0224 of the statutes is created to read:
AB312,6,10
166.0224 Annexation of territory for which water or wastewater service
2is extended.
Notwithstanding ss. 66.0217, 66.0219, 66.0221, and 66.0223, no
3territory for which water or sewerage services have been extended beyond a city's or
4village's municipal boundaries due to an immediate public health concern from an
5emerging contaminant may be annexed by the city or village that extended services
6for a period of 3 years following the completion of the extension project unless a
7number of qualified electors residing in the territory for which services have been
8extended and subject to the proposed annexation equal to at least two-thirds of the
9votes cast for governor in the territory at the last gubernatorial election vote to
10approve the annexation.
AB312,2 11Section 2 . 66.0811 (4) of the statutes is created to read:
AB312,6,1912 66.0811 (4) Notwithstanding subs. (2) and (3) and s. 66.0901 (11), a municipal
13public utility or a metropolitan sewerage district created under ss. 200.21 to 200.65
14may use funds derived from its water or sewerage services for up to half of the cost
15of pretreatment or other perfluoroalkyl and polyfluoroalkyl substances source
16reduction measures for an interconnected customer or other regular customer if the
17costs incurred are less than the costs of the upgrades otherwise required at the
18endpoint treatment facility and if the costs are approved by the governing body of the
19municipality or the metropolitan sewerage district.
AB312,3 20Section 3 . 196.03 (7) of the statutes is created to read:
AB312,7,521 196.03 (7) At the request of a water public utility or combined water and sewer
22public utility, the commission shall authorize a separate rate class of customers for
23those customers to whom water or combined water and sewer utility service was
24extended outside of the public utility's service territory in response to a public health
25concern caused by contamination. The commission shall authorize higher rates for

1a class of customers authorized under this subsection than for other classes for the
2purpose of financing the extension of service to these customers. The commission
3shall allow the class of customers to remain in effect for 10 years or for the duration
4of any financing authorized to fund the extension of service to these customers,
5whichever is longer.
AB312,4 6Section 4 . 196.49 (7) of the statutes is created to read:
AB312,7,117 196.49 (7) With respect to a water public utility or a combined water and sewer
8public utility, the commission may not investigate, impose a penalty against, or bring
9an action to enjoin the utility for failing to obtain a certificate of authority before
10commencing a project for which one is required under this section if all of the
11following apply:
AB312,7,1712 (a) The public utility undertook the project in response to a public health
13concern caused by an emerging contaminant or by PFAS, as defined in s. 292.315 (1),
14the presence of which was unknown to the public utility until shortly before it
15commenced the project, and, if in response to a contaminant for which there is an
16applicable state or federal standard, the contaminant exceeded or was close to
17exceeding that standard.
AB312,7,2018 (b) The public utility submits the appropriate application and supporting
19documentation to the commission no later than 6 months after the project was
20commenced.
AB312,7,2321 (c) The total cost of the project is not greater than $2,000,000 or 50 percent of
22the public utility's reported total operating expenses for the previous year, whichever
23is less.
AB312,5 24Section 5. 281.58 (8e) of the statutes is renumbered 281.58 (8e) (am).
AB312,6 25Section 6. 281.58 (8e) (bm) of the statutes is created to read:
AB312,8,9
1281.58 (8e) (bm) If the department, when ranking projects under this
2subsection or determining an applicant's eligibility for assistance under this section,
3considers whether an applicant that intends to extend service outside of the
4boundaries of a municipality because of water contamination is small or
5disadvantaged, the department shall, to the extent allowable under federal law,
6determine the applicant to be small or disadvantaged if the area receiving the
7extended service would normally be determined to be small or disadvantaged,
8regardless of whether the existing service area would normally be determined to be
9small or disadvantaged.
AB312,7 10Section 7. 281.61 (6) of the statutes is amended to read:
AB312,9,411 281.61 (6) Priority list. The department shall establish a priority list that
12ranks each safe drinking water loan program project. The department shall
13promulgate rules for determining project rankings that, to the extent possible, give
14priority to projects that address the most serious risks to human health, that are
15necessary to ensure compliance with the Safe Drinking Water Act, 42 USC 300f to
16300j-26, and that assist applicants that are most in need on a per household basis,
17according to affordability criteria specified in the rules. For the purpose of ranking
18projects under this subsection, the department shall treat a project to upgrade a
19public water system to provide continuous disinfection of the water that it distributes
20as if the public water system were a surface water system that federal law requires
21to provide continuous disinfection. If the department, when ranking projects under
22this subsection or determining an applicant's eligibility for assistance under this
23section, considers whether an applicant that intends to extend service outside of the
24boundaries of a local governmental unit because of water contamination is small or
25disadvantaged, the department shall, to the extent allowable under federal law,

1determine the applicant to be small or disadvantaged if the area receiving the
2extended service would normally be determined to be small or disadvantaged,
3regardless of whether the existing service area would normally be determined to be
4small or disadvantaged.
AB312,8 5Section 8. 281.75 (7) (c) 2. a. of the statutes is amended to read:
AB312,9,76 281.75 (7) (c) 2. a. Equipment used for treating the water, including a filtration
7device and up to 2 replacement filters
;
AB312,9 8Section 9. 292.315 of the statutes is created to read:
AB312,9,14 9292.315 Municipal PFAS grant program. (1) Definition. In this section,
10“PFAS” means perfluorooctanesulfonic acid (PFOS), perfluorooctanoic acid (PFOA),
11perfluorohexanesulfonic acid (PFHxS), perfluorononanoic acid (PFNA),
12perfluoroheptanoic acid (PFHpA), perfluorodecanoic acid (PFDA), and any other
13perfluoroalkyl or polyfluoroalkyl substance for which a standard has been
14promulgated under state or federal law.
AB312,9,15 15(2) Grants. The department shall provide all of the following grants:
AB312,9,2116 (a) Grants, provided in equal shares, to municipalities to test for PFAS levels
17at municipal water systems and municipal wastewater treatment facilities, or to
18reimburse municipalities for PFAS testing performed after applicable standards for
19the chemical being tested have been promulgated. The department may not require
20the recipient of a grant under this paragraph to submit an application for a grant or
21provide any matching funds.
AB312,9,2522 (b) Grants, provided in equal shares not to exceed $1,800, to entities that are
23not municipalities and that are regulated as public water systems for the entity to
24test its drinking water supply for PFAS if required to do so by the department, or for
25reimbursement to the entity for PFAS testing performed after applicable standards

1for the chemical being tested have been promulgated. An entity that is not a
2municipality may apply to the department one time for a grant under this paragraph,
3by a deadline set by the department. The department may not require the recipient
4of a grant under this paragraph to provide any matching funds.
AB312,10,145 (c) Grants to municipalities to test for PFAS levels at locations that are owned
6or managed by a municipality and where PFAS may be present, including airports,
7water systems, wastewater treatment facilities, or contaminated lands. The
8department may not provide a grant under this paragraph to test for PFAS in a water
9system or wastewater treatment facility if the applicant has received a grant under
10par. (a), unless the applicant demonstrates that it has used all of the grant funds
11provided to it under par. (a). The department shall accept applications for grants and
12provide grants under this paragraph on a rolling basis. The department may not
13require the recipient of a grant under this paragraph to provide matching funds in
14an amount greater than 20 percent of the amount of the grant.
AB312,10,1815 (d) Grants to municipalities to dispose of PFAS-containing biosolids at
16facilities that accept such biosolids. The department may not require the recipient
17of a grant under this paragraph to provide matching funds in an amount greater than
1820 percent of the amount of the grant.
AB312,10,2519 (e) Grants for capital costs or debt service, including for facility upgrades or
20new infrastructure, to municipalities that are small or disadvantaged or in which
21rates for water or wastewater utilities will increase by more than 20 percent as a
22direct result of steps taken to address PFAS contamination. A grant provided under
23this paragraph may not exceed 50 percent of the municipality's capital or debt service
24costs. The department shall accept applications for grants and provide grants under
25this paragraph on a rolling basis.
AB312,11,8
1(f) Grants to municipalities for capital costs or other costs related to PFAS that
2are not otherwise paid from the environmental improvement fund, including costs
3for addressing applicant-owned contaminated lands or costs incurred by fire
4departments, including to replace PFAS-containing fire fighting foam. The
5department may not require the recipient of a grant under this paragraph to provide
6matching funds in an amount greater than 20 percent of the amount of the grant.
7The department shall accept applications for grants and provide grants under this
8paragraph on a rolling basis.
AB312,11,13 9(3) Limitations. (a) The department may not require the recipient of a grant
10under sub. (2) to take action to address PFAS contamination unless testing
11determines that PFAS levels exceed any applicable limit under state or federal law
12or unless another applicable state or federal law allows the department to require
13the grant recipient to take action.
AB312,11,1614 (b) The department may not publicly disclose the results of any PFAS testing
15conducted under this section unless the department notifies the grant recipient at
16least 72 hours before publicly disclosing any test result.
AB312,10 17Section 10 . 292.32 of the statutes is created to read:
AB312,11,19 18292.32 Limitations on department actions relating to PFAS. (1)
19Definitions. In this section:
AB312,11,2220 (a) “Brownfield property” means abandoned, idle, or underused industrial or
21commercial facilities or sites, the expansion or redevelopment of which is adversely
22affected by actual or perceived environmental contamination.
AB312,11,2323 (b) “PFAS” has the meaning given in s. 292.315 (1).
AB312,12,324 (c) “Public works” means the physical structures and facilities developed or
25acquired by a local unit of government or a federally recognized American Indian

1tribe or band in this state to provide services and functions for the benefit and use
2of the public, including water, sewerage, waste disposal, utilities, and
3transportation.
AB312,12,7 4(2) Brownfields. The department may not require the owner of a brownfield
5property to conduct testing for the presence of PFAS unless the department has
6information that reasonably supports the belief that the property previously had a
7substantial amount of uncontained PFAS.
AB312,12,11 8(3) Construction projects. The department may not prevent, delay, or
9otherwise impede any construction project or project of public works on the basis of
10a presence of PFAS contamination unless the department determines any of the
11following:
AB312,12,1212 (a) The project poses a measurable risk to public health or welfare.
AB312,12,1413 (b) There is a substantial risk that the project would lead to worsening
14environmental conditions.
AB312,12,1615 (c) The entity proposing to complete the project is, as a result of negligence,
16responsible for the original contamination.
AB312,12,18 17(4) PFAS testing. In conducting testing for PFAS, the department shall comply
18with all of the following:
AB312,12,2119 (a) The department may not collect samples from lands not owned by the state
20without written permission from the landowner to collect samples, to test those
21samples, and to publicly disclose the results of that testing.
AB312,12,2522 (b) The department may not publicly disclose the results of any PFAS testing
23conducted on samples taken from lands not owned by the state unless the
24department notifies the landowner of the test results at least 72 hours before publicly
25disclosing the test results.
AB312,13,5
1(c) The department may not take any enforcement action based on the results
2of any PFAS testing conducted on samples taken from lands not owned by the state
3unless that testing determines that PFAS levels exceed any applicable limit under
4state or federal law or another applicable state or federal law requires the
5department to take enforcement action against the landowner.
AB312,13,106 (d) The department shall respond to requests from any person to conduct PFAS
7testing on samples taken from the person's property if funds are available to do so,
8if there is a reasonable belief that PFAS contamination may be present on the
9property, and if existing information such as public water supply testing data is not
10available.
AB312,11 11Section 11 . Nonstatutory provisions.
AB312,13,2112 (1) Portable treatment system pilot. The department of natural resources
13shall contract with an entity to conduct a pilot project in which surface water is
14partially or fully diverted to a portable treatment system and treated water is
15returned to the surface water. Project activities under this subsection shall be
16conducted at locations with surface water with the highest concentration of
17perfluoroalkyl or polyfluoroalkyl substances and where a responsible party has not
18been identified or the responsible party is unable to pay for remediation. The
19department of natural resources and the entity contracted under this subsection
20shall evaluate the success of the pilot project by conducting tests upstream and
21downstream of the locations where the portable treatment system is used.
AB312,14,222 (2) Remedial action at sites contaminated by PFAS. The department of
23natural resources shall begin response and remedial actions at any site
24contaminated by perfluoroalkyl or polyfluoroalkyl substances where a responsible

1party has not been identified or the responsible party is unable to pay for
2remediation.
AB312,14,133 (3) PFAS testing cost reduction. The department of natural resources and the
4Board of Regents of the University of Wisconsin System shall enter into a
5memorandum of understanding to jointly ensure that the state laboratory of hygiene
6reduces the costs of conducting testing for perfluoroalkyl or polyfluoroalkyl
7substances by at least 10 percent on or before the first day of the 25th month after
8the effective date of this subsection. The state laboratory of hygiene shall prepare
9a report on its efforts to reduce the cost of testing for perfluoroalkyl or polyfluoroalkyl
10substances and the timeline for receiving testing results. The state laboratory of
11hygiene shall deliver the report required under this subsection to the joint committee
12on finance and the standing committees with jurisdiction over natural resources and
13the environment no later than August 31, 2025.
AB312,15,214 (4) Innocent landowner grant program. The department of natural resources
15shall provide a grant to any person who owns property that is contaminated by
16perfluoroalkyl or polyfluoroalkyl substances and the person has not been identified
17as the responsible party for the contamination. Grants under this subsection may
18be used to cover costs associated with additional testing; environmental studies;
19engineering reports; clean drinking water supplies, including temporary potable
20water, filtration, or well replacement; remediation costs; legal fees; and any other
21cost resulting from land spreading of contaminated biosolids by other parties,
22detection of groundwater contamination, or other contamination events affecting the
23property. The department of natural resources shall accept applications for grants
24and award grants under this subsection on an ongoing basis. Grants awarded under
25this subsection may not exceed $250,000. The department of natural resources may

1require the recipient of a grant under this subsection to provide matching funds in
2an amount greater than 20 percent of the amount of the grant.
AB312,15,83 (5) PFAS studies and reporting. (a) In this subsection, “PFAS” means
4perfluorooctanesulfonic acid (PFOS), perfluorooctanoic acid (PFOA),
5perfluorohexanesulfonic acid (PFHxS), perfluorononanoic acid (PFNA),
6perfluoroheptanoic acid (PFHpA), perfluorodecanoic acid (PFDA), and any other
7perfluoroalkyl or polyfluoroalkyl substance for which a standard has been
8promulgated under state or federal law.
AB312,15,149 (b) The department of natural resources and the Board of Regents of the
10University of Wisconsin System shall enter into a memorandum of understanding
11to jointly do all of the following, with the assistance of other University of Wisconsin
12institutions, the department of natural resources, other relevant state agencies,
13county land and water conservation departments, and other local 3rd parties, if
14available:
AB312,15,16 151. Study and analyze the cost, feasibility, and effectiveness of different methods
16of treating PFAS before they are released into a water system or water body.
AB312,15,18 172. Conduct a cost-benefit analysis of different options for disposing of biosolids
18or sludge that contains or may contain PFAS.
AB312,15,20 193. Study and analyze the cost, feasibility, and effectiveness of different
20destruction and disposal methods for PFAS.
AB312,15,23 214. Study and analyze the migration of PFAS into the bay of Green Bay,
22including where the PFAS are entering the bay and what effects PFAS may have in
23the bay.
AB312,16,3 245. Create a comprehensive, interactive map showing all available PFAS testing
25data and whether each data point on the map exceeds any applicable state or federal

1standard for PFAS. Such data may not contain any personally identifiable
2information unless the entity to which the data applies is required to test and
3disclose its results under state or federal law.
AB312,16,84 (c) The Board of Regents of the University of Wisconsin System shall require
5the University of Wisconsin-Madison division of extension to provide the map and
6reports on the studies required under this subsection to the joint committee on
7finance and the standing committees with jurisdiction over natural resources and
8the environment no later than 2 years after the effective date of this paragraph.
AB312,16,169 (6) Reports to legislature on progress under this act. For a period of 3 years
10after the effective date of this subsection, the department of natural resources shall,
11every 6 months, submit a report to the join committee on finance and the to the
12standing committees with jurisdiction over natural resources and the environment.
13The first report under this subsection shall be submitted no later than 6 months after
14the effective date of this subsection. The report shall include a detailed description
15of the department's expenditures under this act and a detailed description of the
16department's progress in implementing the provisions of this act.
AB312,16,1817 (7) PFAS testing. In the 2023-25 fiscal biennium, the department of natural
18resources shall conduct additional PFAS testing activities.
AB312,16,2219 (8) Fire fighting foam. The department of natural resources shall survey or
20resurvey local fire departments about their use and possession of PFAS-containing
21fire fighting foam, send communications and information regarding such foam, and
22contract with a 3rd party to collect such foam.
AB312,16,2323 (End)
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