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LRB-5532/1
MCP&SWB:ahe&amn
2019 - 2020 LEGISLATURE
January 31, 2020 - Introduced by Representatives Nygren and Swearingen,
cosponsored by Senator Hansen. Referred to Committee on Environment.
AB843,1,7 1An Act to amend 292.31 (1) (d) (intro.); and to create 25.17 (1) (kt), 25.46 (1)
2(eb), 25.461, 36.50, 160.07 (7), 254.25, 281.15 (7), 281.17 (8) (c), 285.27 (2) (bm),
3292.31 (1) (d) 1m., 292.66, 292.74 and 299.15 (2m) of the statutes; relating to:
4PFAS standards and grant programs, providing blood testing for certain
5individuals, requiring a cancer cluster study, extending the time limit for
6emergency rule procedures, providing an exemption from emergency rule
7procedures, and granting rule-making authority.
Analysis by the Legislative Reference Bureau
This bill requires the Department of Natural Resources to establish and enforce
various standards for perfluoroalkyl and polyfluoroalkyl substances (PFAS). The
PFAS group of substances includes several thousand chemicals; two of the most well
known are perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS).
Under current law, the Department of Health Services recommends
groundwater enforcement standards for substances that have a reasonable
probability of entering the groundwater resources of the state and that are shown to
involve public health concerns, which DNR then proposes as DNR rules in its
rule-making process. This bill requires DNR to create emergency rules establishing
groundwater standards for PFOA and PFOS, as well as any other PFAS for which
DHS submits a recommended groundwater enforcement standard.

In addition, the bill requires DNR to establish surface water quality standards
and maximum contaminant level drinking water standards for any PFAS for which
DHS has submitted a recommended groundwater enforcement standard. DNR must
also establish air emission standards for any known PFAS to provide adequate
protection for public health and welfare, taking into account energy, economic, and
environmental impacts and other costs related to the emission source. The bill also
requires DNR to consider all PFAS to be air contaminants and to require reporting
of any emission of PFAS.
The bill also provides that DNR may, if it determines doing so is necessary to
protect human health or the environment, require a person who possesses or controls
or who causes the discharge of PFAS to provide proof of financial responsibility for
remediation and long-term care to address contamination by a potential discharge
of PFAS or environmental pollution that may be caused by a discharge of PFAS. This
financial responsibility requirement does not apply to a municipality, fire
department, fire district, water utility, wastewater utility, or the state.
In addition, the bill requires the University of Wisconsin Board of Regents to
provide a grant to a campus designated by the board to conduct research into
technologies for destroying PFAS.
The bill also creates a PFAS municipal grant program, under which DNR must
provide grants to municipalities to address PFAS contamination when the party
responsible for the contamination is unknown, cannot be found, or is unable to pay
for the activities funded under the grant. DNR may also provide grants to
municipalities that are responsible parties under certain circumstances. Under the
bill, grants provided under this program may be used to investigate potential PFAS
environmental pollution or a potential PFAS discharge, treat or dispose of PFAS fire
fighting foam containers from a municipal site or facility, sample a private water
supply within three miles of a site or facility known to contain PFAS, provide a
temporary emergency water supply, a water treatment system, or bulk water to
replace water contaminated with PFAS, or remediate a PFAS discharge or PFAS
environmental pollution. A municipality that receives a grant must provide
matching funds or in-kind services in an amount equal to at least 20 percent of the
grant.
The bill also requires DHS to create and administer a pilot program to provide
free blood testing, beginning no later than September 1, 2020, for individuals living
on or near sites or facilities contaminated with PFAS or other toxic compounds in the
city of Marinette, the town of Peshtigo, the city of Peshtigo, or the town of Porterfield.
The bill further requires any party responsible for contamination of such a site or
facility to reimburse DNR for the cost of the testing; this money is then deposited into
the environmental fund. The bill also requires DHS to conduct a cancer cluster study
to investigate the incidence of PFAS-related cancers and other illnesses in the city
of Marinette, the town of Peshtigo, the city of Peshtigo, and the town of Porterfield.
The bill also creates a new segregated fund, designated as the PFAS action
fund, to collect all moneys received from settlement agreements in court actions, or
proposed actions, resulting from PFAS contamination.

In addition, the bill requires DNR to set criteria for certifying laboratories to
test for PFAS, and to certify laboratories that meet these criteria. These criteria
must be based on protocols established by the federal Environmental Protection
Agency and the federal Department of Defense. Before these criteria are set, the bill
allows DNR to require testing for PFAS to be done according to nationally recognized
standards.
Finally, the bill also requires a person who generates solid or hazardous waste
at a site or facility under investigation by DNR to provide DNR with access to
information relating to any transportation to or treatment, storage, or disposal at
another site, facility, or location.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB843,1 1Section 1 . 25.17 (1) (kt) of the statutes is created to read:
AB843,3,22 25.17 (1) (kt) PFAS action fund (s. 25.461);
AB843,2 3Section 2 . 25.46 (1) (eb) of the statutes is created to read:
AB843,3,54 25.46 (1) (eb) The moneys received from reimbursements under s. 254.25 (3)
5for environmental management.
AB843,3 6Section 3 . 25.461 of the statutes is created to read:
AB843,3,12 725.461 PFAS action fund. There is established a separate nonlapsible trust
8fund designated as the PFAS action fund, to consist of moneys that are received
9under settlement agreements or orders in settlement of actions or proposed actions
10for violations of chs. 280 to 299, or in settlement of actions initiated under 42 USC
119601
to 9675, resulting from environmental contamination from a perfluoroalkyl or
12polyfluoroalkyl substance.
AB843,4 13Section 4 . 36.50 of the statutes is created to read:
AB843,4,3
136.50 PFAS disposal research grant. The board shall provide a grant to a
2campus designated by the board to conduct research into technologies for destroying
3perfluoroalkyl and polyfluoroalkyl substances.
AB843,5 4Section 5. 160.07 (7) of the statutes is created to read:
AB843,4,185 160.07 (7) The department shall use the procedure under s. 227.24 to
6promulgate emergency rules establishing a groundwater enforcement standard for
7any perfluoroalkyl or polyfluoroalkyl substance for which the department receives
8a recommendation from the department of health services under sub. (3). The
9department shall promulgate emergency rules under this subsection no later than
10the first day of the 7th month beginning after the department receives the
11recommendation from the department of health services. Notwithstanding s. 227.24
12(1) (c) and (2), emergency rules promulgated under this subsection remain in effect
13until 3 years after the effective date of this subsection .... [LRB inserts date], or the
14date on which permanent rules take effect, whichever is sooner. Notwithstanding
15s. 227.24 (1) (a) and (3), the department is not required to provide evidence that
16promulgating a rule under this subsection as an emergency rule is necessary for the
17preservation of public peace, health, safety, or welfare and is not required to provide
18a finding of emergency for a rule promulgated under this subsection.
AB843,6 19Section 6 . 254.25 of the statutes is created to read:
AB843,4,22 20254.25 Blood testing pilot program for individuals living near
21contamination sites or facilities. (1)
In this section, “PFAS” means a
22perfluoroalkyl or polyfluoroalkyl substance.
AB843,5,2 23(2) The department shall create and administer a pilot program to provide, at
24no charge, beginning no later than September 1, 2020, blood testing for PFAS for
25individuals living on or near sites or facilities contaminated by PFAS or any other

1toxic compound in the city of Marinette, the town of Peshtigo, the city of Peshtigo,
2and the town of Porterfield.
AB843,5,7 3(3) The department of natural resources is entitled to recover the costs of
4testing under sub. (2) from any party responsible for contamination of the nearby site
5or facility with PFAS or any other toxic compound. Reimbursements to the
6department of natural resources under this subsection shall be credited to the
7environmental fund for environmental management.
AB843,7 8Section 7 . 281.15 (7) of the statutes is created to read:
AB843,5,119 281.15 (7) The department shall promulgate water quality standards for any
10perfluoroalkyl or polyfluoroalkyl substance for which the department receives a
11recommendation from the department of health services under s. 160.07 (3).
AB843,8 12Section 8 . 281.17 (8) (c) of the statutes is created to read:
AB843,5,1613 281.17 (8) (c) The department shall promulgate maximum contaminant level
14drinking water standards for any perfluoroalkyl or polyfluoroalkyl substance for
15which the department receives a recommendation from the department of health
16services under s. 160.07 (3).
AB843,9 17Section 9. 285.27 (2) (bm) of the statutes is created to read:
AB843,5,2418 285.27 (2) (bm) Standard for PFAS. Emission standards for known
19perfluoroalkyl or polyfluoroalkyl substances are needed to provide adequate
20protection for public health and welfare under par. (b). The department shall
21promulgate emission standards for any known perfluoroalkyl or polyfluoroalkyl
22substances to provide adequate protection for public health and welfare, taking into
23account energy, economic, and environmental impacts and other costs related to the
24emission source.
AB843,10 25Section 10 . 292.31 (1) (d) (intro.) of the statutes is amended to read:
AB843,6,9
1292.31 (1) (d) Access to information. (intro.) Upon the request of any officer,
2employee, or authorized representative of the department, any person who
3generated, transported, treated, stored, or disposed of solid or hazardous waste
4which that may have been disposed of at a site or facility under investigation by the
5department and any person who generated solid or hazardous waste at a site or
6facility under investigation by the department that was transported to, treated at,
7stored at, or disposed of at another site, facility, or location
shall provide the officer,
8employee, or authorized representative access to any records or documents in that
9person's custody, possession, or control which relate to:
AB843,11 10Section 11 . 292.31 (1) (d) 1m. of the statutes is created to read:
AB843,6,1311 292.31 (1) (d) 1m. The type and quantity of waste generated at the site or
12facility that was transported to, treated at, stored at, or disposed of at another site,
13facility, or location, and the dates and locations of these activities.
AB843,12 14Section 12 . 292.66 of the statutes is created to read:
AB843,6,15 15292.66 PFAS municipal grant program. (1) Definitions. In this section:
AB843,6,1616 (a) “PFAS” means a perfluoroalkyl or polyfluoroalkyl substance.
AB843,6,2117 (b) “Responsible party” means a generator, an owner or operator, a transporter,
18or a person who possesses or controls a PFAS that is discharged or disposed of or who
19possesses or controls environmental pollution caused by PFAS, or a generator, an
20owner or operator, a transporter, or a person who causes the discharge or disposal of
21a PFAS or who causes environmental pollution caused by PFAS.
AB843,7,2 22(2) Grants. (a) The department shall administer a program to provide grants
23to municipalities that are not responsible parties or that meet the requirements
24under par. (b) for the purpose of conducting any of the eligible activities under sub.
25(3). Except as provided under par. (b), the department may award a grant under this

1subsection only if the responsible party is unknown, cannot be located, or is
2financially unable to pay the cost of the eligible activity.
AB843,7,43 (b) The department may provide a grant to a municipality that is a responsible
4party only if one of the following applies:
AB843,7,105 1. The discharge of PFAS or environmental pollution caused by PFAS resulted
6from the municipality testing or training with a Class B fire fighting foam or using
7a Class B fire fighting foam as part of an emergency fire fighting or fire prevention
8operation, if the testing, training, or use occurred prior to August 1, 2020. In this
9subdivision, “Class B fire fighting foam” means a foam designed for use on a
10flammable liquid fire, and may include a dual action Class A and B foam.
AB843,7,1511 2. The discharge of PFAS or environmental pollution cause by PFAS resulted
12from the municipality applying biosolids to land or making any other discharge, if
13the land application or discharge was done in accordance with a pollution discharge
14elimination system permit issued under ch. 283 and was done prior to the effective
15date of this subdivision .... [LRB inserts date].
AB843,7,17 16(3) Eligible activities. The following activities are eligible for an award of a
17grant under sub. (2):
AB843,7,2018 (a) Investigating potential PFAS environmental pollution or a potential PFAS
19discharge at a site or facility for the purpose of reducing or eliminating
20environmental contamination.
AB843,7,2221 (b) Treating or disposing of PFAS-containing fire fighting foam containers from
22a municipal site or facility.
AB843,7,2423 (c) Sampling a private water supply within 3 miles of a site or facility known
24to contain PFAS.
AB843,8,2
1(d) Providing a temporary emergency water supply, a water treatment system,
2or bulk water to replace water contaminated with PFAS.
AB843,8,33 (e) Remediating a PFAS discharge or PFAS environmental pollution.
AB843,8,6 4(4) Matching funds. The department may not provide a grant under sub. (2)
5unless the municipality contributes matching funds of or in-kind services equal in
6value to at least 20 percent of the amount of the grant.
AB843,8,8 7(5) Rules. The department shall promulgate rules to administer the program
8under this section, including criteria that limit the amount of awards provided.
AB843,13 9Section 13 . 292.74 of the statutes is created to read:
AB843,9,2 10292.74 Financial responsibility for PFAS. The department may, if it
11determines doing so is necessary to protect human health or the environment,
12require a person who possesses or controls or who causes the discharge of a
13perfluoroalkyl or polyfluoroalkyl substance to provide proof of financial
14responsibility for conducting emergency response actions, remedial actions,
15environmental repair, and long-term care to address contamination by a potential
16discharge of perfluoroalkyl or polyfluoroalkyl substances or environmental pollution
17that may be caused by a discharge of such substances. The department shall
18establish, by rule, the procedure for determining whether requiring a proof of
19financial responsibility is necessary to protect human health or the environment,
20and may establish requirements for types of financial responsibility, methods for
21calculating amounts of financial responsibility, access and default, bankruptcy
22notifications, and any other requirements the department determines is necessary
23under this section. The proof of financial responsibility required under this section
24shall be in addition to any other proof of financial responsibility or financial

1assurance required under this chapter. This section does not apply to a municipality,
2fire department, fire district, water utility, wastewater utility, or the state.
AB843,14 3Section 14 . 299.15 (2m) of the statutes is created to read:
AB843,9,64 299.15 (2m) The department shall consider all known perfluoroalkyl or
5polyfluoroalkyl substances to be air contaminants for purposes of sub. (2) (a) 2. The
6reporting level for these substances is any amount greater than zero pounds per year.
AB843,15 7Section 15 . Nonstatutory provisions.
AB843,9,88 (1) Testing laboratories; emergency rules.
AB843,9,219 (a) The department of natural resources shall use the procedure under s. 227.24
10to promulgate, no later than the first day of the 7th month beginning after the
11effective date of this paragraph, emergency rules establishing criteria for certifying
12laboratories to test for any perfluoroalkyl or polyfluoroalkyl substances, including
13the standards and methods for such testing, and shall certify laboratories that meet
14these criteria. Notwithstanding s. 227.24 (1) (c) and (2), emergency rules
15promulgated under this paragraph remain in effect until 3 years after the effective
16date of this paragraph or the date on which permanent rules take effect, whichever
17is sooner. Notwithstanding s. 227.24 (1) (a) and (3), the department of natural
18resources is not required to provide evidence that promulgating a rule under this
19paragraph as an emergency rule is necessary for the preservation of public peace,
20health, safety, or welfare and is not required to provide a finding of emergency for a
21rule promulgated under this paragraph.
AB843,9,2422 (b) Before emergency rules are promulgated under par. (a), the department of
23natural resources may require testing for a perfluoroalkyl or polyfluoroalkyl
24substance to be done according to any nationally recognized procedures.
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