SB774: Bill Text

SB774,9,7 (d) Directions for private well owners who wish to test their own water, including protocols and laboratories for this testing.

SB774,9,10 (e) Health risks associated with the overconsumption of PFAS and measures the public may take to reduce the health risks of PFAS exposure, as provided by the department of health services.

SB774,9,11 (f) Any other information that the department determines to be relevant.

SB774,9,14 (8) Notification. The department shall notify any local, county, or tribal governments within an initial or established PFAS management zone upon each of the following occurrences:

SB774,9,15 (a) The department finds the first initial positive test under sub. (3) (a).

SB774,9,16 (b) The department establishes the zone under sub. (3) (i).

SB774,9,17 (c) The department establishes an Internet site for the zone under sub. (7).

SB774,9,25 (9) Report. Not later than one year after the effective date of this subsection .... [LRB inserts date], and annually for 4 years thereafter, the department shall submit a report to the joint committee on rules and regulations and to the chief clerk of each house of the legislature for distribution to the appropriate standing committees under s. 13.172 (3) having jurisdiction over matters relating to natural resources. The report shall include the geographic boundaries of each PFAS management zone in effect; information on how the PFAS management zones were established, including information on any expansions or reductions of the initial zone and the department's rationale for these decisions; a summary of results from testing in PFAS management zones; plans for addressing PFAS contamination in PFAS management zones; the technical and economic feasibility of compliance with PFAS standards; and any other information deemed relevant by the department.

SB774,10,6 (10) Dissolution. A PFAS management zone established under sub. (3) shall dissolve one year after any emergency rules established under sub. (4) expire.

SB774,3 Section 3. 281.58 (7) (b) 1. of the statutes is renumbered 281.58 (7) (b) 1r.

SB774,4 Section 4. 281.58 (7) (b) 1g. of the statutes is created to read:

SB774,10,11 281.58 (7) (b) 1g. Projects in or near a PFAS management zone established under s. 281.18 (3) that the department determines are necessary to address contamination by perfluoroalkyl or polyfluoroalkyl substances.

SB774,5 Section 5. 281.58 (8e) (a) of the statutes is amended to read:

SB774,10,14 281.58 (8e) (a) The type of project and the order in which it is listed under sub. (7) (b) 1. 1g. to 6., to the extent allowable under federal law.

SB774,6 Section 6. 281.58 (12) (a) 1. (intro.) of the statutes is amended to read:

SB774,10,18 281.58 (12) (a) 1. (intro.) Except as modified under par. (f) and except as restricted by sub. (8) (b), (c), (f) or (h), the interest rate for projects specified in sub. (7) (b) 1. 1g. to 5. is one of the following:

SB774,7 Section 7. 281.61 (6) of the statutes is amended to read:

SB774,11,8 281.61 (6) Priority list. The department shall establish a priority list that ranks each safe drinking water loan program project. The department shall promulgate rules for determining project rankings that, to the extent possible, give priority to projects that address the most serious risks to human health, that are necessary to ensure compliance with the Safe Drinking Water Act, 42 USC 300f to 300j-26, and that assist applicants that are most in need on a per household basis, according to affordability criteria specified in the rules. For the purpose of ranking projects under this subsection, the department shall treat a project to upgrade a public water system to provide continuous disinfection of the water that it distributes as if the public water system were a surface water system that federal law requires to provide continuous disinfection. In establishing a priority list under this subsection, the department shall, to the extent possible, give priority to projects that address contamination by perfluoroalkyl or polyfluoroalkyl substances in PFAS management zones established under s. 281.18 (3).

SB774,8 Section 8. 281.75 (1) (b) 1m. of the statutes is created to read:

SB774,11,11 281.75 (1) (b) 1m. In a PFAS management zone established under s. 281.18 (3), produces water containing a detectable amount of PFOA or PFOS.

SB774,9 Section 9. 281.75 (5) (f) of the statutes is amended to read:

SB774,11,22 281.75 (5) (f) The In allocating money for the payment of claims under this section, the department shall prioritize completed claims that are based on the type of contamination defined under sub. (1) (b) 1m. and, for these claims, shall allocate money for the payment of claims according to the level of contamination, with the highest levels of contamination receiving payment first. For all other claims, the department shall allocate money for the payment of claims according to the order in which completed claims are received. The department may conditionally approve a completed claim even if the appropriation under s. 20.370 (6) (cr) is insufficient to pay the claim. The department shall allocate money for the payment of a claim which is conditionally approved as soon as funds become available.

SB774,10 Section 10. 281.75 (6) (a) of the statutes is amended to read:

SB774,12,2 281.75 (6) (a) Contamination of a private water supply, as defined under sub. (1) (b) 1., 1m., or 2., is required to be established by analysis of at least 2 samples of water, taken at least 2 weeks apart, in a manner which assures the validity of the test results. The samples shall be tested by a laboratory certified under s. 299.11.

SB774,11 Section 11. 281.75 (11) (b) 2. of the statutes is amended to read:

SB774,12,7 281.75 (11) (b) 2. An award may be issued for water treatment only if the contamination cannot be remedied by reconstruction or replacement of the private water supply, or connection to another water supply is not feasible. This subdivision does not apply to contamination defined under sub. (1) (b) 1m.

SB774,12 Section 12. Nonstatutory provisions.

SB774,12,19 (1) PFAS advisory committee. The department of natural resources shall establish an advisory committee under s. 227.13 to advise the department in the promulgation of permanent rules that establish any groundwater, surface water, or drinking water standards for PFAS including any rule promulgated pursuant to statements of scope approved prior to the effective date of this act. The committee shall include members of groups likely to be affected by the promulgation of such standards, including local governments or local government associations; representatives of municipal water utilities; and representatives of businesses that may be affected. The committee shall assist the department in developing economically and technically attainable statewide standards for PFAS that protect human health.

SB774,13,2 (2) Achievement of standards. The department of natural resources shall work with persons and entities likely to be affected by the promulgation of permanent rules that establish standards for PFAS to look at the technological and economic feasibility of meeting those standards and ways to help municipal utilities achieve these standards, including through stepped implementation, community-based pilot programs, and financial assistance.

SB774,13,3 (End)