AB43,2659 8Section 2659. 281.75 (7) (am) of the statutes is created to read:
AB43,1411,119 281.75 (7) (am) An award under this subsection may pay up to 100 percent of
10the eligible costs if the annual family income of the claimant is below the median
11family income for the state, as determined by U.S. bureau of the census.
AB43,2660 12Section 2660. 281.75 (7) (b) of the statutes is repealed.
AB43,2661 13Section 2661. 281.75 (9) of the statutes is repealed.
AB43,2662 14Section 2662. 283.31 (8) of the statutes is amended to read:
AB43,1411,2215 283.31 (8) The holder of a permit under this section for a concentrated animal
16feeding operation shall annually pay to the department a fee of $345 $545, which
17shall be credited to the appropriation account under s. 20.370 (9) (ag). The
18department shall annually submit a report to the joint committee on finance and,
19under s. 13.172 (3), to the standing committees of the legislature with jurisdiction
20over agricultural and environmental matters describing the use of the moneys
21credited to the appropriation account under s. 20.370 (9) (ag) under this subsection
22and the use of the moneys appropriated under s. 20.370 (9) (ap).
AB43,2663 23Section 2663. 283.35 (1m) of the statutes is repealed.
AB43,2664 24Section 2664 . 283.90 of the statutes is created to read:
AB43,1412,15
1283.90 Notification of violations. Whenever, on the basis of any information
2available to it, the department finds that a permit holder has violated any limitation
3in a permit that is based on a groundwater protection standard under ch. 160, the
4department shall notify the county health department and county land and
5conservation department in the county in which the permit holder is located and the
6county health department and county land and conservation department in any
7adjacent county that the department determines may be negatively affected as a
8result of the violation. The department shall provide this notice within 7 business
9days after confirming that a violation has occurred. The department shall create and
10maintain a notification system for notifying county health departments, county land
11and conservation departments, and interested parties of the violations described in
12this section. The department may establish, by rule, procedures for providing notice
13under this section. The notification system under this section shall ensure that
14county health departments and county land and conservation departments are
15notified at least 24 hours prior to notifying any other interested parties.
AB43,2665 16Section 2665. 285.27 (2) (bm) of the statutes is created to read:
AB43,1412,2317 285.27 (2) (bm) Standards for PFAS. Emission standards for known
18perfluoroalkyl or polyfluoroalkyl substances are needed to provide adequate
19protection for public health and welfare under par. (b). The department shall
20promulgate emission standards for any known perfluoroalkyl or polyfluoroalkyl
21substances to provide adequate protection for public health and welfare, taking into
22account energy, economic, and environmental impacts and other costs related to the
23emission source.
AB43,2666 24Section 2666 . 289.33 (3) (d) of the statutes is amended to read:
AB43,1413,18
1289.33 (3) (d) “Local approval" includes any requirement for a permit, license,
2authorization, approval, variance or exception or any restriction, condition of
3approval or other restriction, regulation, requirement or prohibition imposed by a
4charter ordinance, general ordinance, zoning ordinance, resolution or regulation by
5a town, city, village, county or special purpose district, including without limitation
6because of enumeration any ordinance, resolution or regulation adopted under s.
791.73, 2007 stats., s. 59.03 (2), 59.11 (5), 59.42 (1), 59.48, 59.51 (1) and (2), 59.52 (2),
8(5), (6), (7), (8), (9), (11), (12), (13), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24),
9(25), (26) and (27), 59.53 (1), (2), (3), (4), (5), (7), (8), (9), (11), (12), (13), (14), (15), (19),
10(20) and (23), 59.535 (2), (3) and (4), 59.54 (1), (2), (3), (4), (4m), (5), (6), (7), (8), (10),
11(11), (12), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25) (a), and (26), 59.55 (3),
12(4), (5) and (6), 59.56 (1), (2), (4), (5), (6), (7), (9), (10), (11), (12), (12m), (13) and (16),
1359.57 (1), 59.58 (1) and (5), 59.62, 59.69, 59.692, 59.693, 59.696, 59.697, 59.698, 59.70
14(1), (2), (3), (5), (7), (8), (9), (10), (11), (21), (22) and (23), 59.79 (1), (2), (3), (5), (7), (8),
15and (10), 59.792 (2) and (3), 59.80, 59.82, 60.10, 60.22, 60.23, 60.54, 60.77, 61.34,
1661.35, 61.351, 61.353, 61.354, 62.11, 62.23, 62.231, 62.233, 62.234, 66.0101, 66.0415,
1787.30, 196.58, 200.11 (8), 236.45, 281.43 or 349.16, subch. VIII of ch. 60, or subch. III
18of ch. 91.
AB43,2667 19Section 2667 . 292.31 (1) (d) (intro.) of the statutes is amended to read:
AB43,1414,320 292.31 (1) (d) Access to information. (intro.) Upon the request of any officer,
21employee, or authorized representative of the department, any person who
22generated, transported, treated, stored, or disposed of solid or hazardous waste
23which that may have been disposed of at a site or facility under investigation by the
24department and any person who generated solid or hazardous waste at a site or
25facility under investigation by the department that was transported to, treated at,

1stored at, or disposed of at another site, facility, or location
shall provide the officer,
2employee, or authorized representative access to any records or documents in that
3person's custody, possession, or control which relate to:
AB43,2668 4Section 2668 . 292.31 (1) (d) 1m. of the statutes is created to read:
AB43,1414,75 292.31 (1) (d) 1m. The type and quantity of waste generated at the site or
6facility that was transported to, treated at, stored at, or disposed of at another site,
7facility, or location, and the dates and locations of these activities.
AB43,2669 8Section 2669. 292.65 (14) of the statutes is amended to read:
AB43,1414,109 292.65 (14) Sunset. This section does not apply after June 30, 2032 the
10effective date of this subsection .... [LRB inserts date]
.
AB43,2670 11Section 2670. 292.66 of the statutes is created to read:
AB43,1414,12 12292.66 Revitalize Wisconsin program. (1) Definitions. In this section:
AB43,1414,1513 (a) “Brownfield” means a property that is abandoned, idle, or underused, the
14expansion or redevelopment of which is adversely affected by actual or perceived
15discharge or environmental pollution.
AB43,1414,1616 (b) “Discharge” has the meaning given in s. 292.01 (3).
AB43,1414,1717 (c) “Innocent landowner” means any of the following:
AB43,1414,2318 1. A property owner that acquired the property prior to November 1, 2006, has
19continuously owned the property since the date of acquisition, and can demonstrate,
20through documentation, that the discharge or environmental pollution on the
21property was caused by another person and that the property owner did not know
22and had no reason to know of the discharge or environmental pollution when the
23owner acquired the property.
AB43,1415,524 2. A property owner that acquired the property on or after November 1, 2006,
25has continuously owned the property since the date of acquisition, and can

1demonstrate, through documentation, that the property owner conducted all
2appropriate inquiries in compliance with 40 CFR part 312 prior to acquisition, that
3the discharge or environmental pollution on the property was caused by another
4person, and that the property owner did not know and had no reason to know of the
5discharge or environmental pollution when the owner acquired the property.
AB43,1415,96 (d) “Interim action" means a response action that is taken to contain or stabilize
7a discharge or environmental pollution at a site or facility, in order to minimize any
8threats to public health, safety, or welfare or to the environment, while other
9response actions are being taken or planned for the site or facility.
AB43,1415,1010 (e) “Local governmental unit” has the meaning given under s. 292.11 (9) (e) 1.
AB43,1415,1111 (f) “Private party” means any of the following:
AB43,1415,1212 1. A bank, trust company, savings bank, or credit union.
AB43,1415,1313 2. A developer, as defined in s. 66.0617 (1) (b).
AB43,1415,1714 3. An organization or enterprise, other than a sole proprietorship, that is
15operated for profit or that is nonprofit and nongovernmental, including an
16association, business trust, corporation, joint venture, limited liability company,
17limited liability partnership, partnership, or syndicate.
AB43,1415,1818 4. An innocent landowner.
AB43,1415,1919 (g) “Remedial action” has the meaning given in s. 292.12 (1) (d).
AB43,1415,22 20(2) Powers and duties of the department. (a) The department shall
21administer a program to award aids from the appropriation under s. 20.370 (6) (et)
22to eligible entities under sub. (5).
AB43,1415,2523 (b) The department may not award aid to an entity under this section if that
24entity caused the discharge or environmental pollution at the site or facility for which
25aid is awarded, except to eligible entities for sites or facilities under sub. (4) (a).
AB43,1416,3
1(c) The department may award aid to eligible entities in the form of grants or
2direct services or, for sites or facilities under sub. (4) (a), in the form of
3reimbursements.
AB43,1416,64 (d) The department may require a match from an eligible entity for an awarded
5aid in the form of cash or in-kind services, except from an eligible entity for a site or
6facility for which funds are designated under sub. (3) (a).
AB43,1416,12 7(3) Allocation of funds. (a) In any fiscal year, if there remain any sites or
8facilities under sub. (4) (a) for which a claim for reimbursement was submitted before
9the effective date of this paragraph .... [LRB inserts date], but for which the claim has
10not been paid, the department shall designate $1,000,000 of the funds appropriated
11under s. 20.370 (6) (et), or the total amount of such unpaid claims, whichever is less,
12to the payment of those claims.
AB43,1416,1813 (b) In any fiscal year, if there remain any sites or facilities under sub. (4) (a) for
14which an application for eligibility was submitted before the effective date of this
15paragraph .... [LRB inserts date], but for which a claim has not been made to the
16department, the department shall designate $450,000 of the funds appropriated
17under s. 20.370 (6) (et) to the payment of claims for such sites or facilities, until all
18such sites or facilities have received a case closure letter under s. 292.12.
AB43,1416,2019 (c) The department shall designate 15 percent of the funds appropriated under
20s. 20.370 (6) (et) to provide aid in small or disadvantaged communities.
AB43,1416,2221 (d) The department may not provide more than one award of aid for a site or
22facility in a single fiscal year, except for sites or facilities under sub. (4) (a).
AB43,1416,24 23(4) Eligible sites and facilities. An eligible applicant under sub. (5) may
24receive aid under this section for any the following sites or facilities:
AB43,1417,4
1(a) Sites or facilities for which an application for eligibility was submitted
2under the dry cleaner environmental response program under s. 292.65, 2021 stats.,
3and that were deemed eligible for that program before the effective date of this
4paragraph .... [LRB inserts date].
AB43,1417,55 (b) Brownfields.
AB43,1417,86 (c) Sites or facilities regulated under s. 292.11 that are owned by entities that
7are exempt from s. 292.11 (3), (4), and (7) (b) and (c) as provided under s. 292.11 (9)
8(e), 292.13, or 292.21.
AB43,1417,109 (d) Sites or facilities regulated under s. 292.11 that are owned by private
10parties.
AB43,1417,12 11(5) Eligible entities. The following entities are eligible for an award under
12this section.
AB43,1417,1413 (a) Local governmental units that did not cause the discharge or environmental
14pollution.
AB43,1417,1615 (b) Owners or operators of dry cleaning facilities that own or operate an eligible
16site or facility under sub. (4) (a).
AB43,1417,1917 (c) Private parties, other than a dry cleaning facility under par. (b), that did not
18cause the discharge or environmental pollution and can demonstrate that the party's
19property was fairly acquired through an arm's-length transaction.
AB43,1417,23 20(6) Eligible activities; ineligible costs. (a) All activities for which aid is
21provided under this section shall comply with all state and federal laws and rules
22promulgated by the department, unless otherwise provided under this section or
23rules promulgated under this section.
AB43,1417,2524 (b) The department may award aid under this section to cover the costs of any
25of the following activities:
AB43,1418,1
11. Assessment and investigation of a discharge or environmental pollution.
AB43,1418,32 2. Interim and remedial actions to remove hazardous substances from
3contaminated media.
AB43,1418,44 3. Treatment and disposal of contaminated media.
AB43,1418,55 4. Vapor intrusion assessment and mitigation.
AB43,1418,66 5. Removal of abandoned containers, as defined in s. 292.41 (1).
AB43,1418,87 6. Asbestos abatement activities, as defined in s. 254.11 (2), conducted as part
8of redevelopment activities.
AB43,1418,99 7. Environmental monitoring.
AB43,1418,1110 8. Restoration or replacement of a private potable water supply, if eligible for
11temporary emergency water supplies under rules promulgated by the department.
AB43,1418,1312 9. The removal of underground hazardous substance or petroleum product
13storage tanks.
AB43,1418,1414 10. Preparation of documentation to apply for case closure under s. 292.11.
AB43,1418,1715 11. Other costs identified by the department as reasonable and necessary for
16proper investigation, analysis of remedial action options, remedial action planning,
17and remedial action to meet the requirements of s. 292.11.
AB43,1418,1918 (c) The department may not award aid under this section to cover any of the
19following costs:
AB43,1418,2120 1. The cost of activities conducted prior to the award of aid under this section,
21except for activities conducted at a site or facility under sub. (4) (a).
AB43,1418,2322 2. The cost of activities that the department determines are not integral to the
23investigation and remediation of a discharge or environmental pollution.
AB43,1418,2424 3. Legal fees.
AB43,1418,2525 4. The cost of investigations or remedial action conducted outside this state.
AB43,1419,1
15. Costs for financing eligible activities.
AB43,1419,5 2(7) Application for aid. Eligible applicants shall submit an application on a
3form prescribed by the department and shall include any information the
4department finds necessary to evaluate the eligibility of the project and amount of
5aid to be awarded.
AB43,1419,11 6(8) Rules; records. The department shall promulgate rules to administer the
7program under this section, including rules prescribing the criteria for determining
8the amount of aid to be awarded, the records that must be maintained by an
9applicant, and the periods for which those records must be retained. The department
10may inspect any document in the possession of an applicant or any other person if
11the document is relevant to an application for aid under this section.
AB43,2671 12Section 2671. 292.67 of the statutes is created to read:
AB43,1419,13 13292.67 PFAS municipal grant program. (1) Definitions. In this section:
AB43,1419,1414 (a) “Class B fire fighting foam” has the meaning given in s. 299.48 (1) (a).
AB43,1419,1615 (b) “Municipality” means a city, village, town, county, tribal governing body,
16utility district, lake protection district, sewerage district, or municipal airport.
AB43,1419,1717 (c) “PFAS” means a perfluoroalkyl or polyfluoroalkyl substance.
AB43,1419,21 18(2) Financial assistance. The department shall administer a program to
19provide grants from the appropriations under s. 20.370 (6) (ed) and (es) to
20municipalities that meet the requirements under sub. (3) for the purpose of
21conducting any of the eligible activities under sub. (4).
AB43,1419,23 22(3) Eligibility prerequisites. A grant may be awarded under sub. (2) only if
23one of the following has occurred:
AB43,1420,224 (a) The municipality tested or trained with a class B fire fighting foam that
25contained intentionally added PFAS in accordance with applicable state and federal

1law, or a 3rd party tested or trained with a class B fire fighting foam that contained
2intentionally added PFAS within the area controlled by the municipality.
AB43,1420,43 (b) The municipality applied biosolids to land under a permit issued by DNR
4under s. 283.31.
AB43,1420,85 (c) PFAS are impacting the municipality's drinking water supply or surface
6water or groundwater within the area controlled by the municipality and the
7responsible party is unknown or is unwilling or unable to take the necessary
8response actions.
AB43,1420,10 9(4) Eligible activities. The department may award a grant under sub. (2) for
10any of the following activities:
AB43,1420,1211 (a) Investigating potential PFAS impacts to the air, land, or water at a site or
12facility for the purpose of reducing or eliminating environmental contamination.
AB43,1420,1413 (b) Treating or disposing of PFAS-containing fire fighting foam containers from
14a municipal site or facility.
AB43,1420,1615 (c) Sampling a private water supply within 3 miles of a site or facility known
16to contain PFAS or to have caused a PFAS discharge.
AB43,1420,1817 (d) Providing a temporary emergency water supply, a water treatment system,
18or bulk water to replace water contaminated with PFAS.
AB43,1420,2019 (e) Conducting emergency, interim, or remedial actions to mitigate, treat,
20dispose of, or remove PFAS contamination to the air, land, or waters of the state.
AB43,1420,2521 (f) Removing or treating PFAS in a public water system using the most
22cost-effective method to provide safe drinking water in areas where PFAS levels
23exceed the maximum contaminant level for PFAS under ch. 281 or an enforcement
24standard for PFAS under ch. 160 or where the state has issued a health advisory for
25PFAS.
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