Amendment SSA1-SB310

SB310-SSA1,1q Section 1q. 292.74 of the statutes is created to read:

SB310-SSA1,6,9 292.74 Financial responsibility for PFAS. The department may, if it determines doing so is necessary to protect human health or the environment, require a person who possesses or controls a perfluoroalkyl or polyfluoroalkyl substance to provide proof of financial responsibility for conducting emergency response actions, remedial actions, environmental repair, and long-term care to address contamination by a potential discharge of perfluoroalkyl or polyfluoroalkyl substances or environmental pollution that may be caused by a discharge of such substances. The department shall establish, by rule, the procedure for determining whether requiring a proof of financial responsibility is necessary to protect human health or the environment, and may establish requirements for types of financial responsibility, methods for calculating amounts of financial responsibility, access and default, bankruptcy notifications, and any other requirements the department determines is necessary under this section. The proof of financial responsibility required under this section shall be in addition to any other proof of financial responsibility or financial assurance required under this chapter.

SB310-SSA1,1r Section 1r. 299.15 (2m) of the statutes is created to read:

SB310-SSA1,6,13 299.15 (2m) The department shall consider all known perfluoroalkyl or polyfluoroalkyl substances to be air contaminants for purposes of sub. (2) (a) 2. The reporting level for these substances is zero pounds per year.

SB310-SSA1,1 Section 1 . 299.48 of the statutes is created to read:

SB310-SSA1,6,16 299.48 Fire fighting foam containing PFAS. (1) Definitions. In this section, “PFAS” means a perfluoroalkyl or polyfluoroalkyl substance.

SB310-SSA1,6,19 (2) Prohibition. Except as provided under sub. (3), no person may use or otherwise discharge, including for training purposes, a PFAS-containing fire fighting foam.

SB310-SSA1,6,22 (3) Exemption. The prohibition under sub. (2) does not apply to the use or discharge of a PFAS-containing fire fighting foam as part of an emergency fire fighting or fire prevention operation.

SB310-SSA1,7,2 (3d) Labeling. A manufacturer shall clearly label any PFAS-containing fire fighting foam sold or distributed for use in this state with the types and percentages of PFAS contained in the foam. Any safety data sheet provided for a PFAS-containing fire fighting foam sold or distributed for use in this state shall also include the types and percentages of PFAS contained in the foam.

SB310-SSA1,7,4 (3m) Response actions. A person who uses or discharges a PFAS-containing fire fighting foam shall comply with ch. 292.

SB310-SSA1,7,7 (3r) PFAS clean sweep program. The department shall administer a grant program to assist municipalities and fire departments in creating and operating local programs for the collection and disposal of PFAS-containing fire fighting foam.

SB310-SSA1,7,9 (4) Construction. Nothing in this section shall be construed as prohibiting the manufacture, sale, or distribution of a PFAS-containing fire fighting foam.

SB310-SSA1,7,11 (5) Rules. The department shall promulgate rules to implement and administer this section.

SB310-SSA1,2 Section 2 . Nonstatutory provisions.

SB310-SSA1,7,14 (1) Emergency rules for PFAS in drinking water, groundwater, surface water, solid waste, beds of navigable waters, and contaminated soil and sediment.

SB310-SSA1,7,25 (a) The department of natural resources shall promulgate emergency rules under s. 227.24 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, which the department determines may be harmful to human health or the environment, in drinking water under s. 281.17 (8); groundwater under ss. 160.07 (5) and 160.15; surface water from point sources under ss. 283.11 (4) and 283.21 and from nonpoint sources under s. 281.16; air under s. 285.27 (2) (bm), if the standards are needed to provide adequate protection for public health or welfare; solid waste and solid waste facilities under chs. 289 and 291; beds of navigable waters under s. 30.20; and soil and sediment under chs. 289 and 292.

SB310-SSA1,8,11 (b) The department of natural resources shall promulgate emergency rules under s. 227.24 to add any perfluoroalkyl or polyfluoroalkyl substance or group or class of such substances that the department determines may be harmful to human health or the environment to the list of toxic pollutants under s. 283.21 (1) (a) for purposes of setting toxic effluent standards or prohibitions under s. 283.11 (4); to add to the list of hazardous constituents under s. 291.05 (4) any perfluoroalkyl or polyfluoroalkyl substance or group or class of such substances for which the department determines that the listing is necessary to protect public health, safety, or welfare; and to administer and enforce ch. 292 in relation to remedial actions involving perfluoroalkyl or polyfluoroalkyl substances or a group or class of such substances.

SB310-SSA1,8,17 (c) Notwithstanding any finding required under par. (a) or (b), emergency rules promulgated under pars. (a) and (b) shall include, at a minimum, perfluorooctane sulfonic acid, perfluorooctanoic acid, perfluorohexane sulfonic acid, perfluorononanoic acid, perfluorobutane sulfonic acid, and perfluoroheptanoic acid and shall include provisions for enforcing these standards, including requiring sampling, monitoring, testing, and response actions.

SB310-SSA1,8,24 (d) Notwithstanding s. 227.24 (1) (c) and (2), emergency rules promulgated under pars. (a) and (b) remain in effect until July 1, 2022, or the date on which permanent rules take effect, whichever is sooner. Notwithstanding s. 227.24 (1) (a) and (3), the department of natural resources is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

SB310-SSA1,9,7 (2) Water quality standards for PFAS. The department of natural resources shall promulgate, under s. 281.15, water quality standards for perfluorooctane sulfonic acid, perfluorooctanoic acid, perfluorohexane sulfonic acid, perfluorononanoic acid, perfluorobutane sulfonic acid, and perfluoroheptanoic acid and any other perfluoroalkyl or polyfluoroalkyl substance or group or class of such substances that the department determines may be harmful to human health and necessary to protect a water's designated use.

SB310-SSA1,9,13 (3) List of groundwater contaminants. The department of natural resources shall add to the list of groundwater contaminants under s. 160.05 any perfluoroalkyl and polyfluoroalkyl substance or group or class of such substances that is shown to involve public health concerns and that has a reasonable probability of entering the groundwater and shall categorize and rank those substances according to the provisions of s. 160.05.

SB310-SSA1,9,14 (4) Testing laboratories; emergency rules.

SB310-SSA1,9,25 (a) The department of natural resources shall promulgate emergency rules under s. 227.24 establishing criteria for certifying laboratories to test for any perfluoroalkyl or polyfluoroalkyl substances, including the standards and methods for such testing, and shall certify laboratories that meet these criteria. Notwithstanding s. 227.24 (1) (c) and (2), emergency rules promulgated under this subsection remain in effect until July 1, 2022, or the date on which permanent rules take effect, whichever is sooner. Notwithstanding s. 227.24 (1) (a) and (3), the department of natural resources is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

SB310-SSA1,10,3 (b) Before emergency rules are promulgated under par. (a), the department of natural resources may require testing for a perfluoroalkyl or polyfluoroalkyl substance to be done according to any nationally recognized procedures.

SB310-SSA1,10,7 (5) Position authorizations; natural resources. The authorized FTE positions for the department of natural resources are increased by 7.5 GPR positions on the effective date of this subsection, to be funded from the appropriation under s. 20.370 (4) (ad), for the purpose of administering the provisions of this act.

SB310-SSA1,10,11 (6) Emergency rules for PFAS-containing fire fighting foam. The department of natural resources shall use the procedure under s. 227.24 to promulgate rules under s. 299.48 (5) no later than the first day of the 7th month beginning after the effective date of this subsection.

SB310-SSA1,3 Section 3. Fiscal change.

SB310-SSA1,10,18 (1) Position authorizations; health services. In the schedule under s. 20.005 (3) for the appropriation to the department of health services under s. 20.435 (1) (a), the dollar amount for fiscal years 2019-20 and 2020-21 is increased by $248,600 in each fiscal year to increase the authorized FTE positions for the department by 4.0 GPR research scientist positions for the purpose of recommending enforcement standards for perfluoroalkyl and polyfluoroalkyl substances under s. 160.07.

SB310-SSA1,4 Section 4. Effective dates. This act takes effect on the day after publication, except as follows:

SB310-SSA1,10,22 (1) The treatment of ss. 281.17 (8) (c) and 299.48 takes effect on the first day of the 7th month beginning after publication.

SB310-SSA1,10,23 (End)