2019 - 2020 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 2,
TO SENATE BILL 310
January 21, 2020 - Offered by Senators Miller and Hansen.
1An Act to amend
292.31 (1) (d) (intro.); and to create
20.370 (4) (aa), 20.370 (4) 2
(ab), 20.370 (4) (ad), 20.370 (4) (ae), 20.370 (4) (ak), 160.07 (4) (f), 160.07 (7), 3
160.15 (4), 281.17 (8) (c), 285.27 (2) (bm), 292.31 (1) (d) 1m., 292.74, 299.15 (2m) 4
and 299.48 of the statutes; relating to: setting standards for certain
5contaminants, regulating fire fighting foam that contains certain
6contaminants, providing information relating to off-site disposal of certain
7waste, extending the time limit for emergency rule procedures, providing an
8exemption from emergency rule procedures, granting rule-making authority,
9and making an appropriation.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
20.005 (3) (schedule) of the statutes: at the appropriate place, insert 11
the following amounts for the purposes indicated:
- See PDF for table
20.370 (4) (aa) of the statutes is created to read:
From the general fund, as a continuing 3
appropriation, the amounts in the schedule to create a model to assist in identifying 4
and prioritizing sites with likely contamination by perfluoroalkyl or polyfluoroalkyl 5
substances or environmental pollution caused by such substances.
20.370 (4) (ab) of the statutes is created to read:
— emergency responder survey.
From the general fund, 8
as a continuing appropriation, the amounts in the schedule to conduct a survey of 9
local and state emergency responders and the use of fire fighting foam containing 10
perfluoroalkyl or polyfluoroalkyl substances.
20.370 (4) (ad) of the statutes is created to read:
— general operations.
Biennially, from the general fund, 13
the amounts in the schedule for the administration and enforcement of activities 14
relating to perfluoroalkyl or polyfluoroalkyl substances.
20.370 (4) (ae) of the statutes is created to read:
Biennially, from the general fund, the 3
amounts in the schedule for sampling and testing leachate and groundwater from 4
landfills for perfluoroalkyl and polyfluoroalkyl substances.
20.370 (4) (ak) of the statutes is created to read:
— investigation and assistance.
From the general fund, 7
as a continuing appropriation, the amounts in the schedule for investigating 8
emerging contaminants that are perfluoroalkyl or polyfluoroalkyl substances and 9
providing temporary potable water or treatment systems when no responsible party 10
for a contamination is available.
160.07 (4) (f) of the statutes is created to read:
(f) In recommending an enforcement standard for a perfluoroalkyl 13
or polyfluoroalkyl substance, the department of health services may recommend 14
individual standards for each substance, a standard for these substances as a class, 15
or standards for groups of these substances.
160.07 (7) of the statutes is created to read:
If the department of health services recommends an enforcement 18
standard for a perfluoroalkyl or polyfluoroalkyl substance or a group or class of such 19
substances under this section, the department shall apply the standard as an interim 20
enforcement standard for that substance, including through sampling, monitoring, 21
and testing, and any other actions required by rules promulgated by the department, 22
unless emergency or permanent rules that establish an enforcement standard for 23
that substance are in effect.
160.15 (4) of the statutes is created to read:
Notwithstanding sub. (1), if an interim enforcement standard for a 2
perfluoroalkyl or polyfluoroalkyl substance is applied under s. 160.07 (7), the 3
department shall apply an interim preventive action limit for that substance of 20 4
percent of the concentration established as the interim enforcement standard, 5
unless emergency or permanent rules that establish a preventive action limit for that 6
substance are in effect.
281.17 (8) (c) of the statutes is created to read:
(c) If the department of health services recommends an enforcement 9
standard for a perfluoroalkyl or polyfluoroalkyl substance or a group or class of such 10
substances under s. 160.07, the department shall apply the standard as an interim 11
maximum contaminant level for public water systems, water suppliers, and 12
laboratories certified to analyze drinking water, in accordance with rules 13
promulgated by the department, unless emergency or permanent rules that 14
establish maximum contaminant levels for that substance are in effect.
285.27 (2) (bm) of the statutes is created to read:
(bm) Standard for PFAS.
The department shall determine whether 17
an emission standard for any known perfluoroalkyl or polyfluoroalkyl substance or 18
a group or class of such substances is needed to provide adequate protection for public 19
health or welfare under par. (b). If the department finds that the standard is needed 20
to provide adequate protection for public health or welfare, the department shall 21
promulgate an emission standard for that substance.
292.31 (1) (d) (intro.) of the statutes is amended to read:
(d) Access to information.
(intro.) Upon the request of any officer, 24
or authorized representative of the department, any person who 25
generated, transported, treated, stored,
or disposed of solid or hazardous waste
may have been disposed of at a site or facility under investigation by the 2
department and any person who generated solid or hazardous waste at a site or
3facility under investigation by the department that was transported to, treated at,
4stored at, or disposed of at another site, facility, or location
shall provide the officer, 5
or authorized representative access to any records or documents in that 6
person's custody, possession,
or control which relate to:
292.31 (1) (d) 1m. of the statutes is created to read:
(d) 1m. The type and quantity of waste generated at the site or 9
facility that was transported to, treated at, stored at, or disposed of at another site, 10
facility, or location, and the dates and locations of these activities.
292.74 of the statutes is created to read:
12292.74 Financial responsibility for PFAS.
The department may, if it 13
determines doing so is necessary to protect human health or the environment, 14
require a person who possesses or controls a perfluoroalkyl or polyfluoroalkyl 15
substance to provide proof of financial responsibility for conducting emergency 16
response actions, remedial actions, environmental repair, and long-term care to 17
address contamination by a potential discharge of perfluoroalkyl or polyfluoroalkyl 18
substances or environmental pollution that may be caused by a discharge of such 19
substances. The department shall establish, by rule, the procedure for determining 20
whether requiring a proof of financial responsibility is necessary to protect human 21
health or the environment, and may establish requirements for types of financial 22
responsibility, methods for calculating amounts of financial responsibility, access 23
and default, bankruptcy notifications, and any other requirements the department 24
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 2
responsibility or financial assurance required under this chapter.
299.15 (2m) of the statutes is created to read:
The department shall consider all known perfluoroalkyl or 5
polyfluoroalkyl substances to be air contaminants for purposes of sub. (2) (a) 2. The 6
reporting level for these substances is zero pounds per year.
299.48 of the statutes is created to read:
8299.48 Fire fighting foam containing PFAS. (1) Definitions.
In this 9
(a) “Class B fire fighting foam” means a foam designed for use on a flammable 11
(b) “PFAS” means a perfluoroalkyl or polyfluoroalkyl substance.
Except as provided under sub. (3), no person may use or 14
otherwise discharge, including for training purposes, a class B fire fighting foam that 15
contains intentionally added PFAS.
The prohibition under sub. (2) does not apply to any of the 17
(a) The use or discharge of a class B fire fighting foam that contains 19
intentionally added PFAS as part of an emergency fire fighting or fire prevention 20
(b) The use of class B fire fighting foam that contains intentionally added PFAS 22
for testing purposes, including calibration testing, conformance testing, or fixed 23
system testing, if the testing facility has implemented appropriate containment, 24
treatment, and disposal measures to prevent releases of the foam to the 25
Nothing in this section shall be construed as prohibiting the 2
manufacture, sale, or distribution of a class B fire fighting foam that contains 3
intentionally added PFAS.
The department shall promulgate rules to implement and 5
administer this section, including to determine appropriate containment, treatment, 6
and disposal measures for testing facilities under sub. (3) (b).
Rules for fire fighting foam.
The department of natural resources shall 9
use the procedure under s. 227.24 to promulgate rules under s. 299.48 (5) no later 10
than the first day of the 7th month beginning after the effective date of this 11
(2) Emergency rules for PFAS in drinking water, groundwater, surface
13water, solid waste, beds of navigable waters, and contaminated soil and sediment.
(a) The department of natural resources shall promulgate emergency rules 15
under s. 227.24 establishing acceptable levels and standards, performance 16
standards, monitoring requirements, and required response actions for any 17
perfluoroalkyl or polyfluoroalkyl substance or group or class of such substances, 18
which the department determines may be harmful to human health or the 19
environment, in drinking water under s. 281.17 (8); groundwater under ss. 160.07 20
(5) and 160.15; surface water from point sources under ss. 283.11 (4) and 283.21 and 21
from nonpoint sources under s. 281.16; air under s. 285.27 (2) (bm), if the standards 22
are needed to provide adequate protection for public health or welfare; solid waste 23
and solid waste facilities under chs. 289 and 291; beds of navigable waters under s. 24
30.20; and soil and sediment under chs. 289 and 292.
(b) The department of natural resources shall promulgate emergency rules 2
under s. 227.24 to add any perfluoroalkyl or polyfluoroalkyl substance or group or 3
class of such substances that the department determines may be harmful to human 4
health or the environment to the list of toxic pollutants under s. 283.21 (1) (a) for 5
purposes of setting toxic effluent standards or prohibitions under s. 283.11 (4); to add 6
to the list of hazardous constituents under s. 291.05 (4) any perfluoroalkyl or 7
polyfluoroalkyl substance or group or class of such substances for which the 8
department determines that the listing is necessary to protect public health, safety, 9
or welfare; and to administer and enforce ch. 292 in relation to remedial actions 10
involving perfluoroalkyl or polyfluoroalkyl substances or a group or class of such 11