AB922,3,5
5281.18 PFAS management zones.
(1) Definitions. In this section:
AB922,4,3
1(a) “Discernable path of contamination” means the path that PFAS
2contamination takes from its source, such as down a river or with the flow of the
3groundwater table.
AB922,4,54
(b) “Drinking water” means surface water or groundwater used as a source of
5public or private drinking water, as determined by the department.
AB922,4,66
(c) “PFAS” means a perfluoroalkyl substance or polyfluoroalkyl substance.
AB922,4,77
(d) “PFBS” means perfluorobutane sulfonic acid.
AB922,4,88
(e) “PFHpA” means perfluoroheptanoic acid.
AB922,4,99
(f) “PFHxS” means perfluorohexane sulfonic acid.
AB922,4,1010
(g) “PFNA” means perfluorononanoic acid.
AB922,4,1111
(h) “PFOA” means perfluorooctanoic acid.
AB922,4,1212
(i) “PFOS” means perfluorooctanesulfonic acid.
AB922,4,1413
(j) “Positive test” means a test of a drinking water sample that shows levels of
14PFOA and PFOS in excess of 70 parts per trillion.
AB922,5,2
15(2) Purpose. The purpose of this section is to define geographical areas in this
16state that are characterized by elevated levels of PFOA and PFOS in surface water
17or groundwater that is used as a source for public or private drinking water. The
18purpose of PFAS management zones is to provide guidelines that target areas of the
19state most affected by PFAS contamination to, in the short-term, protect public
20health and welfare and, in the long-term, research the best methods and most
21economically and technically feasible outcomes for implementing statewide
22standards, for performing cleanup measures, including soil and sediment
23remediation, and for properly disposing of contaminants. The department shall use
24the information gathered from these zones to inform future actions, including rule
1making and other administrative actions. The PFAS management zones shall also
2be used to identify the path of contamination to inform future actions.
AB922,5,4
3(3) Establishing PFAS management zones. A PFAS management zone shall
4be established using the following method:
AB922,5,65
(a) The area within a one-mile radius of a positive test is the maximum
6boundary of the initial PFAS management zone.
AB922,5,97
(b) The area within one mile of the boundary of an initial PFAS management
8zone is the testing region. The department may conduct testing and research
9relating to PFOA, PFOS, PFHxS, PFNA, PFBS, and PFHpA within a testing region.
AB922,5,1310
(c) If 5 positive tests are found in a testing region, the maximum boundary of
11an initial PFAS management zone expands to include the testing region. The area
12within one mile of the boundary of this expanded PFAS management zone becomes
13a new testing region.
AB922,5,1614
(d) The department may continue to expand the maximum boundary of a
15proposed PFAS management zone and testing region in one-mile increments until
16it can no longer find 5 positive tests in a testing region.
AB922,5,2017
(e) If the department finds a discernable path of contamination, the
18department shall continue to extend the boundary of the proposed PFAS
19management zone and testing region in one-mile increments in the direction of the
20path of contamination until it can no longer find 5 positive tests in the testing region.
AB922,5,2421
(f) If the department finds a discernable path of contamination, the department
22shall consider removing from the proposed PFAS management zone any areas that
23are not in the path of contamination and that either do not contain positive tests or
24that contain minimal evidence of contamination.
AB922,6,2
1(g) The department shall consider removing from the proposed PFAS
2management zone other areas based on the following factors:
AB922,6,53
1. Hydrogeological considerations, including soil characteristics, depth to
4groundwater, groundwater gradients, and flow direction, based on positive test
5locations.
AB922,6,76
2. The geographic extent of the PFAS contamination and mobility of the
7contaminants, based on positive test locations.
AB922,6,88
3. Likely sources of PFAS contamination.
AB922,6,99
4. Reliability of sampling data and frequency of PFAS detections in samples.
AB922,6,1010
5. Present and anticipated uses of surface or groundwater.
AB922,6,1211
6. Legal land description boundaries, including political and property
12boundaries.
AB922,6,1313
7. Public roads or other physical boundaries.
AB922,6,1414
8. Any other factors the department determines are relevant.
AB922,6,2115
(h) The department shall hold a public meeting after determining the
16boundaries of the proposed PFAS management zone. The public meeting shall be
17held not more than 30 days before establishing a final PFAS management zone. At
18the meeting, the department shall provide information about the PFAS
19contaminants within the proposed PFAS management zone, any known sources of
20the contaminants, any known effects on drinking water, and any anticipated steps
21the department plans to take to address the contamination.
AB922,6,2522
(i) If, after holding the public meeting under par. (h), the department
23determines that a PFAS management zone should be established, the department
24shall establish the final PFAS management zone within 30 days after holding the
25public meeting, based on the factors outlined in this subsection.
AB922,7,2
1(j) For administrative purposes, PFAS management zones that overlap may be
2considered to be a single, merged PFAS management zone.
AB922,7,6
3(4) Emergency rules for treatment works and public water systems. (a) No
4later than 9 months after the effective date of this paragraph .... [LRB inserts date],
5the department shall, using the procedure under s. 227.24, promulgate emergency
6rules to establish the following:
AB922,7,127
1. Requirements for public water systems that draw water from groundwater
8or surface water within a PFAS management zone to test their water for PFOA,
9PFOS, PFHxS, PFHpA, PFNA, and PFBS and to submit the results to the
10department. Emergency rules promulgated under this subdivision may not create
11a standard for PFAS contained in drinking water in a PFAS management zone,
12although testing results may be used to inform future actions.
AB922,7,2213
2. Requirements for testing biosolids from a publicly owned treatment works
14if the biosolids are spread in a PFAS management zone or, for a publicly owned
15treatment works that has any part of its service area in a PFAS management zone,
16if the biosolids are to be moved off-site. If a publicly owned treatment works that
17has any part of its service area in a PFAS management zone moves biosolids off-site
18and spreads biosolids in a PFAS management zone, the requirements established
19under this subdivision may require testing for only one of these actions, not both.
20Emergency rules promulgated under this subdivision may not create a standard for
21PFAS contained in biosolids that are spread in a PFAS management zone, although
22testing results may be used to inform future actions.
AB922,8,823
(b) Notwithstanding s. 227.24 (1) (a) and (3), the department is not required to
24provide evidence that promulgating a rule under this subsection as an emergency
25rule is necessary for the preservation of the public peace, health, safety, or welfare
1and is not required to provide a finding of emergency for a rule promulgated under
2this subsection. Notwithstanding s. 227.24 (1) (c) and (2), emergency rules
3promulgated under this subsection remain in effect for 3 years after the effective date
4of this paragraph .... [LRB inserts date], or the date on which permanent rules take
5effect, whichever is sooner. Notwithstanding s. 227.24 (1) (e) 1d. and 1g., for
6emergency rules promulgated under this subsection, the department is not required
7to prepare a statement of scope of the rules or to submit the proposed rules in final
8draft form to the governor for approval.
AB922,8,15
9(5) Testing; use of results. The department shall require testing to be
10conducted by an entity under sub. (6) for PFOA, PFOS, PFHxS, PFHpA, PFNA, and
11PFBS in soil and sediment, including lake and river bed sediment; groundwater;
12surface water; drinking water; biosolids; and fish and wildlife tissue, as applicable.
13The department may cause testing to be conducted in other media if the department
14determines that doing so is a priority. Data collected through testing shall be used
15to advise permanent rule making that seeks to regulate PFAS.
AB922,8,21
16(6) Collection and testing; authorized entities. The collection of samples for
17PFAS testing conducted under this section shall follow commonly accepted PFAS
18collection protocols and shall be completed by the department or a 3rd party
19contracted by the department. Any testing conducted under this section shall be
20completed by the state laboratory of hygiene or a laboratory accredited for PFAS
21testing by the department.
AB922,8,24
22(7) Internet site. The department shall establish an Internet site for each
23PFAS management zone. The department shall include the following information
24on each Internet site:
AB922,8,2525
(a) The geographic boundaries of the PFAS management zone.
AB922,9,3
1(b) Information on how the PFAS management zone was established, including
2information on any expansions or reductions of the initial zone and the department's
3rationale for these decisions.
AB922,9,54
(c) Results from PFAS testing in the PFAS management zone conducted under
5sub. (3) or (5).
AB922,9,76
(d) Directions for private well owners who wish to test their own water,
7including protocols and laboratories for this testing.
AB922,9,108
(e) Health risks associated with the overconsumption of PFAS and measures
9the public may take to reduce the health risks of PFAS exposure, as provided by the
10department of health services.
AB922,9,1111
(f) Any other information that the department determines to be relevant.
AB922,9,14
12(8) Notification. The department shall notify any local, county, or tribal
13governments within an initial or established PFAS management zone upon each of
14the following occurrences:
AB922,9,1515
(a) The department finds the first initial positive test under sub. (3) (a).
AB922,9,1616
(b) The department establishes the zone under sub. (3) (i).
AB922,9,1717
(c) The department establishes an Internet site for the zone under sub. (7).
AB922,9,25
18(9) Report. Not later than one year after the effective date of this subsection
19.... [LRB inserts date], and annually for 4 years thereafter, the department shall
20submit a report to the joint committee on rules and regulations and to the chief clerk
21of each house of the legislature for distribution to the appropriate standing
22committees under s. 13.172 (3) having jurisdiction over matters relating to natural
23resources. The report shall include the geographic boundaries of each PFAS
24management zone in effect; information on how the PFAS management zones were
25established, including information on any expansions or reductions of the initial
1zone and the department's rationale for these decisions; a summary of results from
2testing in PFAS management zones; plans for addressing PFAS contamination in
3PFAS management zones; the technical and economic feasibility of compliance with
4PFAS standards; and any other information deemed relevant by the department.
AB922,10,6
5(10) Dissolution. A PFAS management zone established under sub. (3) shall
6dissolve one year after any emergency rules established under sub. (4) expire.
AB922,3
7Section
3. 281.58 (7) (b) 1. of the statutes is renumbered 281.58 (7) (b) 1r.
AB922,4
8Section
4. 281.58 (7) (b) 1g. of the statutes is created to read:
AB922,10,119
281.58
(7) (b) 1g. Projects in or near a PFAS management zone established
10under s. 281.18 (3) that the department determines are necessary to address
11contamination by perfluoroalkyl or polyfluoroalkyl substances.
AB922,5
12Section
5. 281.58 (8e) (a) of the statutes is amended to read:
AB922,10,1413
281.58
(8e) (a) The type of project and the order in which it is listed under sub.
14(7) (b)
1. 1g. to 6.
, to the extent allowable under federal law.
AB922,6
15Section
6. 281.58 (12) (a) 1. (intro.) of the statutes is amended to read:
AB922,10,1816
281.58
(12) (a) 1. (intro.) Except as modified under par. (f) and except as
17restricted by sub. (8) (b), (c), (f) or (h), the interest rate for projects specified in sub.
18(7) (b)
1. 1g. to 5. is one of the following:
AB922,7
19Section
7. 281.61 (6) of the statutes is amended to read:
AB922,11,820
281.61
(6) Priority list. The department shall establish a priority list that
21ranks each safe drinking water loan program project. The department shall
22promulgate rules for determining project rankings that, to the extent possible, give
23priority to projects that address the most serious risks to human health, that are
24necessary to ensure compliance with the Safe Drinking Water Act,
42 USC 300f to
25300j-26, and that assist applicants that are most in need on a per household basis,
1according to affordability criteria specified in the rules. For the purpose of ranking
2projects under this subsection, the department shall treat a project to upgrade a
3public water system to provide continuous disinfection of the water that it distributes
4as if the public water system were a surface water system that federal law requires
5to provide continuous disinfection.
In establishing a priority list under this
6subsection, the department shall, to the extent possible, give priority to projects that
7address contamination by perfluoroalkyl or polyfluoroalkyl substances in PFAS
8management zones established under s. 281.18 (3).
AB922,8
9Section
8. 281.75 (1) (b) 1m. of the statutes is created to read:
AB922,11,1110
281.75
(1) (b) 1m. In a PFAS management zone established under s. 281.18 (3),
11produces water containing a detectable amount of PFOA or PFOS.
AB922,9
12Section
9. 281.75 (5) (f) of the statutes is amended to read:
AB922,11,2213
281.75
(5) (f)
The In allocating money for the payment of claims under this
14section, the department shall prioritize completed claims that are based on the type
15of contamination defined under sub. (1) (b) 1m. and, for these claims, shall allocate
16money for the payment of claims according to the level of contamination, with the
17highest levels of contamination receiving payment first. For all other claims, the 18department shall allocate money for the payment of claims according to the order in
19which completed claims are received. The department may conditionally approve a
20completed claim even if the appropriation under s. 20.370 (6) (cr) is insufficient to pay
21the claim. The department shall allocate money for the payment of a claim which
22is conditionally approved as soon as funds become available.
AB922,10
23Section
10. 281.75 (6) (a) of the statutes is amended to read:
AB922,12,224
281.75
(6) (a) Contamination of a private water supply, as defined under sub.
25(1) (b) 1.
, 1m., or 2., is required to be established by analysis of at least 2 samples of
1water, taken at least 2 weeks apart, in a manner which assures the validity of the
2test results. The samples shall be tested by a laboratory certified under s. 299.11.
AB922,11
3Section
11. 281.75 (11) (b) 2. of the statutes is amended to read:
AB922,12,74
281.75
(11) (b) 2. An award may be issued for water treatment only if the
5contamination cannot be remedied by reconstruction or replacement of the private
6water supply, or connection to another water supply is not feasible.
This subdivision
7does not apply to contamination defined under sub. (1) (b) 1m.
AB922,12
8Section
12.
Nonstatutory provisions.
AB922,12,199
(1)
PFAS advisory committee. The department of natural resources shall
10establish an advisory committee under s. 227.13 to advise the department in the
11promulgation of permanent rules that establish any groundwater, surface water, or
12drinking water standards for PFAS including any rule promulgated pursuant to
13statements of scope approved prior to the effective date of this act. The committee
14shall include members of groups likely to be affected by the promulgation of such
15standards, including local governments or local government associations;
16representatives of municipal water utilities; and representatives of businesses that
17may be affected. The committee shall assist the department in developing
18economically and technically attainable statewide standards for PFAS that protect
19human health.
AB922,13,220
(2)
Achievement of standards. The department of natural resources shall
21work with persons and entities likely to be affected by the promulgation of
22permanent rules that establish standards for PFAS to look at the technological and
23economic feasibility of meeting those standards and ways to help municipal utilities
1achieve these standards, including through stepped implementation,
2community-based pilot programs, and financial assistance.