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SB310-SSA1,6,9 20292.74 Financial responsibility for PFAS. The department may, if it
21determines doing so is necessary to protect human health or the environment,
22require a person who possesses or controls a perfluoroalkyl or polyfluoroalkyl
23substance to provide proof of financial responsibility for conducting emergency
24response actions, remedial actions, environmental repair, and long-term care to
25address contamination by a potential discharge of perfluoroalkyl or polyfluoroalkyl

1substances or environmental pollution that may be caused by a discharge of such
2substances. The department shall establish, by rule, the procedure for determining
3whether requiring a proof of financial responsibility is necessary to protect human
4health or the environment, and may establish requirements for types of financial
5responsibility, methods for calculating amounts of financial responsibility, access
6and default, bankruptcy notifications, and any other requirements the department
7determines is necessary under this section. The proof of financial responsibility
8required under this section shall be in addition to any other proof of financial
9responsibility or financial assurance required under this chapter.
SB310-SSA1,1r 10Section 1r. 299.15 (2m) of the statutes is created to read:
SB310-SSA1,6,1311 299.15 (2m) The department shall consider all known perfluoroalkyl or
12polyfluoroalkyl substances to be air contaminants for purposes of sub. (2) (a) 2. The
13reporting level for these substances is zero pounds per year.
SB310-SSA1,1 14Section 1 . 299.48 of the statutes is created to read:
SB310-SSA1,6,16 15299.48 Fire fighting foam containing PFAS. (1) Definitions. In this
16section, “PFAS” means a perfluoroalkyl or polyfluoroalkyl substance.
SB310-SSA1,6,19 17(2) Prohibition. Except as provided under sub. (3), no person may use or
18otherwise discharge, including for training purposes, a PFAS-containing fire
19fighting foam.
SB310-SSA1,6,22 20(3) Exemption. The prohibition under sub. (2) does not apply to the use or
21discharge of a PFAS-containing fire fighting foam as part of an emergency fire
22fighting or fire prevention operation.
SB310-SSA1,7,2 23(3d) Labeling. A manufacturer shall clearly label any PFAS-containing fire
24fighting foam sold or distributed for use in this state with the types and percentages
25of PFAS contained in the foam. Any safety data sheet provided for a

1PFAS-containing fire fighting foam sold or distributed for use in this state shall also
2include the types and percentages of PFAS contained in the foam.
SB310-SSA1,7,4 3(3m) Response actions. A person who uses or discharges a PFAS-containing
4fire fighting foam shall comply with ch. 292.
SB310-SSA1,7,7 5(3r) PFAS clean sweep program. The department shall administer a grant
6program to assist municipalities and fire departments in creating and operating
7local programs for the collection and disposal of PFAS-containing fire fighting foam.
SB310-SSA1,7,9 8(4) Construction. Nothing in this section shall be construed as prohibiting the
9manufacture, sale, or distribution of a PFAS-containing fire fighting foam.
SB310-SSA1,7,11 10(5) Rules. The department shall promulgate rules to implement and
11administer this section.
SB310-SSA1,2 12Section 2 . Nonstatutory provisions.
SB310-SSA1,7,1413 (1) Emergency rules for PFAS in drinking water, groundwater, surface
14water, solid waste, beds of navigable waters, and contaminated soil and sediment.
SB310-SSA1,7,2515 (a) The department of natural resources shall promulgate emergency rules
16under s. 227.24 establishing acceptable levels and standards, performance
17standards, monitoring requirements, and required response actions for any
18perfluoroalkyl or polyfluoroalkyl substance or group or class of such substances,
19which the department determines may be harmful to human health or the
20environment, in drinking water under s. 281.17 (8); groundwater under ss. 160.07
21(5) and 160.15; surface water from point sources under ss. 283.11 (4) and 283.21 and
22from nonpoint sources under s. 281.16; air under s. 285.27 (2) (bm), if the standards
23are needed to provide adequate protection for public health or welfare; solid waste
24and solid waste facilities under chs. 289 and 291; beds of navigable waters under s.
2530.20; and soil and sediment under chs. 289 and 292.
SB310-SSA1,8,11
1(b) The department of natural resources shall promulgate emergency rules
2under s. 227.24 to add any perfluoroalkyl or polyfluoroalkyl substance or group or
3class of such substances that the department determines may be harmful to human
4health or the environment to the list of toxic pollutants under s. 283.21 (1) (a) for
5purposes of setting toxic effluent standards or prohibitions under s. 283.11 (4); to add
6to the list of hazardous constituents under s. 291.05 (4) any perfluoroalkyl or
7polyfluoroalkyl substance or group or class of such substances for which the
8department determines that the listing is necessary to protect public health, safety,
9or welfare; and to administer and enforce ch. 292 in relation to remedial actions
10involving perfluoroalkyl or polyfluoroalkyl substances or a group or class of such
11substances.
SB310-SSA1,8,1712 (c) Notwithstanding any finding required under par. (a) or (b), emergency rules
13promulgated under pars. (a) and (b) shall include, at a minimum, perfluorooctane
14sulfonic acid, perfluorooctanoic acid, perfluorohexane sulfonic acid,
15perfluorononanoic acid, perfluorobutane sulfonic acid, and perfluoroheptanoic acid
16and shall include provisions for enforcing these standards, including requiring
17sampling, monitoring, testing, and response actions.
SB310-SSA1,8,2418 (d) Notwithstanding s. 227.24 (1) (c) and (2), emergency rules promulgated
19under pars. (a) and (b) remain in effect until July 1, 2022, or the date on which
20permanent rules take effect, whichever is sooner. Notwithstanding s. 227.24 (1) (a)
21and (3), the department of natural resources is not required to provide evidence that
22promulgating a rule under this subsection as an emergency rule is necessary for the
23preservation of public peace, health, safety, or welfare and is not required to provide
24a finding of emergency for a rule promulgated under this subsection.
SB310-SSA1,9,7
1(2) Water quality standards for PFAS. The department of natural resources
2shall promulgate, under s. 281.15, water quality standards for perfluorooctane
3sulfonic acid, perfluorooctanoic acid, perfluorohexane sulfonic acid,
4perfluorononanoic acid, perfluorobutane sulfonic acid, and perfluoroheptanoic acid
5and any other perfluoroalkyl or polyfluoroalkyl substance or group or class of such
6substances that the department determines may be harmful to human health and
7necessary to protect a water's designated use.
SB310-SSA1,9,138 (3) List of groundwater contaminants. The department of natural resources
9shall add to the list of groundwater contaminants under s. 160.05 any perfluoroalkyl
10and polyfluoroalkyl substance or group or class of such substances that is shown to
11involve public health concerns and that has a reasonable probability of entering the
12groundwater and shall categorize and rank those substances according to the
13provisions of s. 160.05.
SB310-SSA1,9,1414 (4) Testing laboratories; emergency rules.
SB310-SSA1,9,2515 (a) The department of natural resources shall promulgate emergency rules
16under s. 227.24 establishing criteria for certifying laboratories to test for any
17perfluoroalkyl or polyfluoroalkyl substances, including the standards and methods
18for such testing, and shall certify laboratories that meet these criteria.
19Notwithstanding s. 227.24 (1) (c) and (2), emergency rules promulgated under this
20subsection remain in effect until July 1, 2022, or the date on which permanent rules
21take effect, whichever is sooner. Notwithstanding s. 227.24 (1) (a) and (3), the
22department of natural resources is not required to provide evidence that
23promulgating a rule under this subsection as an emergency rule is necessary for the
24preservation of public peace, health, safety, or welfare and is not required to provide
25a finding of emergency for a rule promulgated under this subsection.
SB310-SSA1,10,3
1(b) Before emergency rules are promulgated under par. (a), the department of
2natural resources may require testing for a perfluoroalkyl or polyfluoroalkyl
3substance to be done according to any nationally recognized procedures.
SB310-SSA1,10,74 (5) Position authorizations; natural resources. The authorized FTE
5positions for the department of natural resources are increased by 7.5 GPR positions
6on the effective date of this subsection, to be funded from the appropriation under
7s. 20.370 (4) (ad), for the purpose of administering the provisions of this act.
SB310-SSA1,10,118 (6) Emergency rules for PFAS-containing fire fighting foam. The
9department of natural resources shall use the procedure under s. 227.24 to
10promulgate rules under s. 299.48 (5) no later than the first day of the 7th month
11beginning after the effective date of this subsection.
SB310-SSA1,3 12Section 3. Fiscal change.
SB310-SSA1,10,1813 (1) Position authorizations; health services. In the schedule under s. 20.005
14(3) for the appropriation to the department of health services under s. 20.435 (1) (a),
15the dollar amount for fiscal years 2019-20 and 2020-21 is increased by $248,600 in
16each fiscal year to increase the authorized FTE positions for the department by 4.0
17GPR research scientist positions for the purpose of recommending enforcement
18standards for perfluoroalkyl and polyfluoroalkyl substances under s. 160.07.
SB310-SSA1,4 19Section 4. Effective dates. This act takes effect on the day after publication,
20except as follows:
SB310-SSA1,10,2221 (1) The treatment of ss. 281.17 (8) (c) and 299.48 takes effect on the first day
22of the 7th month beginning after publication.
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