Amendment AA5-ASA2-AB68

AB68-ASA2-AA5,43,8 200.35 (14) (h) For a dredged material management facility constructed by the commission, the commission may reserve space in the dredged material management facility for the disposal of sediment from flood management projects.

AB68-ASA2-AA5,364y Section 364y. 230.08 (2) (ym) of the statutes is created to read:

AB68-ASA2-AA5,43,10 230.08 (2) (ym) The director of the office of environmental justice.”.

AB68-ASA2-AA5,43,12 138. Page 341, line 11: increase the underscored dollar amount by $351,200,000.

AB68-ASA2-AA5,43,13 139. Page 341, line 12: after that line insert:

AB68-ASA2-AA5,43,14 “ Section 367a. 281.61 (8) (b) of the statutes is created to read:

AB68-ASA2-AA5,43,18 281.61 (8) (b) The department of administration shall allocate the amount appropriated under s. 20.320 (2) (a) to projects involving forgivable loans to private users of public water systems to cover not more than 50 percent of the cost to replace lead service lines.”.

AB68-ASA2-AA5,43,19 140. Page 341, line 12: after that line insert:

AB68-ASA2-AA5,43,20 “ Section 367t. 287.17 (10) (fm) of the statutes is created to read:

AB68-ASA2-AA5,44,3 287.17 (10) (fm) Rural electronics recycling grants. The department shall administer a program to provide grants from the appropriation under s. 20.370 (4) (hr), if sufficient program revenue is available, to expand electronics recycling and recovery programs in rural counties of the state. Grants under this program may be provided to local units of government, businesses, and nonprofit entities for the purpose of hosting a collection site or collection event, or series of collection sites or collection events, in rural counties of the state.”.

AB68-ASA2-AA5,44,4 141. Page 341, line 12: after that line insert:

AB68-ASA2-AA5,44,6 “ Section 367b. 281.75 (1) (b) (intro.), 1. and 2. of the statutes are amended to read:

AB68-ASA2-AA5,44,8 281.75 (1) (b) (intro.) “Contaminated well" or “contaminated private water supply" means a well or private water supply which does any of the following:

AB68-ASA2-AA5,44,11 1. Produces water containing one or more substances of public health concern in excess of a primary maximum contaminant level promulgated in the national drinking water standards in 40 CFR 141 and 143;.

AB68-ASA2-AA5,44,13 2. Produces water containing one or more substances of public health concern in excess of an enforcement standard under ch. 160; or.

AB68-ASA2-AA5,367c Section 367c. 281.75 (1) (b) 4. of the statutes is created to read:

AB68-ASA2-AA5,44,16 281.75 (1) (b) 4. Produces water containing at least 10 parts per billion of arsenic or at least 10 parts per million of nitrate nitrogen.

AB68-ASA2-AA5,367d Section 367d. 281.75 (4m) (a) of the statutes is amended to read:

AB68-ASA2-AA5,44,21 281.75 (4m) (a) In order to be eligible for an award under this section, the annual family income of the landowner or lessee of property on which is located a contaminated water supply or a well subject to abandonment may not exceed $65,000 $100,000.

AB68-ASA2-AA5,367e Section 367e. 281.75 (5) (f) of the statutes is amended to read:

AB68-ASA2-AA5,45,4 281.75 (5) (f) The Except as provided in par. (g), 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.

AB68-ASA2-AA5,367f Section 367f. 281.75 (5) (g) of the statutes is created to read:

AB68-ASA2-AA5,45,8 281.75 (5) (g) If the appropriation under s. 20.370 (6) (cr) is insufficient to pay claims, the department may, for claims based on nitrate levels, allocate money for the payment of those claims in the following order of priority:

AB68-ASA2-AA5,45,10 1. Claims based on water containing more than 40 parts per million of nitrate nitrogen.

AB68-ASA2-AA5,45,12 2. Claims based on water containing more than 30 but not more than 40 parts per million of nitrate nitrogen.

AB68-ASA2-AA5,45,14 3. Claims based on water containing more than 25 but not more than 30 parts per million of nitrate nitrogen.

AB68-ASA2-AA5,45,16 4. Claims based on water containing more than 20 but not more than 25 parts per million of nitrate nitrogen.

AB68-ASA2-AA5,45,18 5. Claims based on water containing more than 10 but not more than 20 parts per million of nitrate nitrogen.

AB68-ASA2-AA5,367g Section 367g. 281.75 (7) (a) of the statutes is amended to read:

AB68-ASA2-AA5,45,25 281.75 (7) (a) If the department finds that the claimant meets all the requirements of this section and rules promulgated under this section and that the private water supply is contaminated or that the well is a well subject to abandonment, the department shall issue an award. The Except as provided under par. (am), the award may not pay more than 75 percent of the eligible costs. The award may not pay any portion of eligible costs in excess of $16,000.

AB68-ASA2-AA5,367h Section 367h. 281.75 (7) (am) of the statutes is created to read:

AB68-ASA2-AA5,46,4 281.75 (7) (am) An award under this subsection may pay up to 100 percent of the eligible costs if the annual family income of the claimant is below the median household income for the state, as determined by U.S. bureau of the census.

AB68-ASA2-AA5,367i Section 367i. 281.75 (7) (b) of the statutes is repealed.

AB68-ASA2-AA5,367j Section 367j. 281.75 (9) of the statutes is repealed.

AB68-ASA2-AA5,367k Section 367k. 281.75 (11) (a) 6. of the statutes is amended to read:

AB68-ASA2-AA5,46,14 281.75 (11) (a) 6. If the claim is based on a contaminated private water supply, all of the contaminants upon which the claim is based are naturally occurring substances and the concentration of the contaminants in water produced by the well does not significantly exceed the background concentration of the contaminants in groundwater at that location. This subdivision does not apply to a well that produces water containing at least 10 parts per billion of arsenic or at least 10 parts per million of nitrate nitrogen.

AB68-ASA2-AA5,367L Section 367L. 281.75 (11) (a) 8. of the statutes is amended to read:

AB68-ASA2-AA5,46,19 281.75 (11) (a) 8. If the claim is based on a contaminated private water supply, the contaminated private water supply is a residential water supply , that is contaminated by bacteria or nitrates or both, and is not contaminated by any other substance, except as provided in par. (ae).”.

AB68-ASA2-AA5,46,20 142. Page 341, line 12: after that line insert:

AB68-ASA2-AA5,46,21 “ Section 367v. 283.31 (8) of the statutes is amended to read:

AB68-ASA2-AA5,47,8 283.31 (8) A person applying for a new permit under this section for a concentrated animal feeding operation shall pay to the department an application fee of $3,270, which shall be credited to the appropriation account under s. 20.370 (9) (ag). The holder of a permit under this section for a concentrated animal feeding operation shall annually pay to the department a fee of $345 $545, which shall be credited to the appropriation account under s. 20.370 (9) (ag). The department shall annually submit a report to the joint committee on finance and, under s. 13.172 (3), to the standing committees of the legislature with jurisdiction over agricultural and environmental matters describing the use of the moneys credited to the appropriation account under s. 20.370 (9) (ag) under this subsection and the use of the moneys appropriated under s. 20.370 (9) (ap).”.

AB68-ASA2-AA5,47,9 143. Page 346, line 2: after that line insert:

AB68-ASA2-AA5,47,10 “ Section 387m. 292.66 of the statutes is created to read:

AB68-ASA2-AA5,47,11 292.66 PFAS municipal grant program. (1) Definitions. In this section:

AB68-ASA2-AA5,47,12 (a) “Class B fire fighting foam” has the meaning given in s. 299.48 (1) (a).

AB68-ASA2-AA5,47,14 (b) “Municipality” means a city, village, town, county, utility district, lake protection district, sewerage district, or municipal airport.

AB68-ASA2-AA5,47,15 (c) “PFAS” means a perfluoroalkyl or polyfluoroalkyl substance.

AB68-ASA2-AA5,47,19 (2) Financial assistance. The department shall administer a program to provide grants from the appropriation under s. 20.370 (6) (ed) to municipalities that meet the requirements under sub. (3) for the purpose of conducting any of the eligible activities under sub. (4).

AB68-ASA2-AA5,47,21 (3) Eligibility prerequisites. A grant may be awarded under sub. (2) only if one of the following has occurred:

AB68-ASA2-AA5,48,2 (a) The municipality tested or trained with a class B fire fighting foam that contained intentionally added PFAS in accordance with applicable state and federal law, or a 3rd party tested or trained with a class B fire fighting foam that contained intentionally added PFAS within the boundaries of the municipality.

AB68-ASA2-AA5,48,4 (b) The municipality applied biosolids to land under a permit issued by DNR under s. 283.31.

AB68-ASA2-AA5,48,7 (c) PFAS are impacting the municipality's drinking water supply or surface water or groundwater within the municipality and the responsible party is unknown or is unwilling or unable to take the necessary response actions.

AB68-ASA2-AA5,48,9 (4) Eligible activities. The department may award a grant under sub. (2) for any of the following activities:

AB68-ASA2-AA5,48,11 (a) Investigating potential PFAS impacts to the air, land, or water at a site or facility for the purpose of reducing or eliminating environmental contamination.

AB68-ASA2-AA5,48,13 (b) Treating or disposing of PFAS-containing fire fighting foam containers from a municipal site or facility.

AB68-ASA2-AA5,48,15 (c) Sampling a private water supply within 3 miles of a site or facility known to contain PFAS or to have caused a PFAS discharge.

AB68-ASA2-AA5,48,17 (d) Providing a temporary emergency water supply, a water treatment system, or bulk water to replace water contaminated with PFAS.

AB68-ASA2-AA5,48,19 (e) Conducting emergency, interim, or remedial actions to mitigate, treat, dispose of, or remove PFAS contamination to the air, land, or waters of the state.

AB68-ASA2-AA5,48,24 (f) Removing or treating PFAS in a public water system using the most cost-effective method to provide safe drinking water in areas where PFAS levels exceed the maximum contaminant level for PFAS under ch. 281 or an enforcement standard for PFAS under ch. 160 or where the state has issued a health advisory for PFAS.

AB68-ASA2-AA5,49,4 (5) Application. A municipality shall apply for a grant on a form prescribed by the department and shall include any information that the department finds necessary to determine the eligibility of the project, identify the funding requested, determine the priority of the project, and calculate the amount of a grant.

AB68-ASA2-AA5,49,6 (6) Evaluation criteria. The department, in awarding grants under this section, shall consider all of the following criteria:

AB68-ASA2-AA5,49,9 (a) The municipality's demonstrated commitment to performing and completing eligible activities, including the municipality's financial commitment and ability to successfully administer grants.

AB68-ASA2-AA5,49,11 (b) The degree to which the project will have a positive impact on public health and the environment.

AB68-ASA2-AA5,49,13 (c) Other criteria that the department finds necessary to prioritize the funds available for awarding grants.

AB68-ASA2-AA5,49,17 (7) Matching funds. The department may not distribute a grant under this section unless the applicant contributes matching funds equal to at least 20 percent of the amount of the grant. Matching funds may be in the form of cash, in-kind contributions, or both.”.

AB68-ASA2-AA5,49,18 144. Page 357, line 12: after that line insert:

AB68-ASA2-AA5,49,22 “(6u) Office of environmental justice positions. The authorized FTE positions for the department of administration are increased by 4.0 PR positions to be funded from the appropriation under s. 20.505 (1) (kt) for the purpose of administering the technical assistance grant program under s. 16.035 (3).”.

AB68-ASA2-AA5,49,23 145. Page 358, line 14: after that line insert:

AB68-ASA2-AA5,50,11 “(2h) Emergency rules for conservation grant program. The department of agriculture, trade and consumer protection may use the procedure under s. 227.24 to promulgate emergency rules relating to the conservation grant program under s. 93.76. Notwithstanding s. 227.24 (1) (a) and (3), when promulgating emergency rules under this subsection, the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection. Notwithstanding s. 227.24 (1) (e) 1d. and 1g., for emergency rules promulgated under this subsection, the department is not required to prepare a statement of scope of the rules or to submit the proposed rules in final draft form to the governor for approval.”.

AB68-ASA2-AA5,50,12 146. Page 358, line 14: after that line insert:

AB68-ASA2-AA5,50,24 “(3u) Emergency rules for regenerative agriculture practices grant program. The department of agriculture, trade and consumer protection may use the procedure under s. 227.24 to promulgate emergency rules relating to the regenerative agriculture practices grant program under s. 93.75. Notwithstanding s. 227.24 (1) (a) and (3), when promulgating emergency rules under this subsection, the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection. Notwithstanding s. 227.24 (1) (e) 1d. and 1g., for emergency rules promulgated under this subsection, the department is not required to prepare a statement of scope of the rules or to submit the proposed rules in final draft form to the governor for approval.”.

AB68-ASA2-AA5,51,1 147. Page 358, line 14: after that line insert:

AB68-ASA2-AA5,51,16 “(3q) Emergency rules for food security and Wisconsin products grant program. The department of agriculture, trade and consumer protection may use the procedure under s. 227.24 to promulgate emergency rules relating to the food security and Wisconsin products grant program under s. 93.60 for the period before the effective date of any permanent rules promulgated under s. 93.60 but not to exceed the period authorized under s. 227.24 (1) (c), subject to extension under s. 227.24 (2). Notwithstanding s. 227.24 (1) (a), (2) (b), and (3), when promulgating emergency rules under this subsection, the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection. Notwithstanding s. 227.24 (1) (e) 1d. and 1g., for emergency rules promulgated under this subsection, the department is not required to prepare a statement of scope of the rules or to submit the proposed rules in final draft form to the governor for approval.”.

AB68-ASA2-AA5,51,17 148. Page 358, line 14: after that line insert:

AB68-ASA2-AA5,52,7 “(3v) Emergency rules for meat processing facility grant program. The department of agriculture, trade and consumer protection may use the procedure under s. 227.24 to promulgate emergency rules relating to the meat processing facility grant program under s. 93.68 for the period before the effective date of any permanent rules promulgated under s. 93.68 but not to exceed the period authorized under s. 227.24 (1) (c), subject to extension under s. 227.24 (2). Notwithstanding s. 227.24 (1) (a), (2) (b), and (3), when promulgating emergency rules under this subsection, the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection. Notwithstanding s. 227.24 (1) (e) 1d. and 1g., for emergency rules promulgated under this subsection, the department is not required to prepare a statement of scope of the rules or to submit the proposed rules in final draft form to the governor for approval.”.

AB68-ASA2-AA5,52,8 149. Page 391, line 16: after that line insert:

AB68-ASA2-AA5,52,20 “(2e) Emergency rule-making authority; Great Lakes erosion control program. The department of natural resources may use the procedure under s. 227.24 to promulgate emergency rules under s. 23.199 for the period before the date on which permanent rules under s. 23.199 take effect. Notwithstanding s. 227.24 (1) (c) and (2), emergency rules promulgated under this subsection remain in effect until the first day of the 25th month beginning after the effective date of the emergency rules, the date on which the permanent rules take effect, or the effective date of the repeal of the emergency rules, whichever is earlier. Notwithstanding s. 227.24 (1) (a) and (3), the department of natural resources is not required to provide evidence that promulgating a rule under this subsection as emergency rules is necessary for the preservation of public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.”.

AB68-ASA2-AA5,52,21 150. Page 391, line 16: after that line insert:

AB68-ASA2-AA5,53,3 “(3r) Municipal flood control aid. Notwithstanding eligibility requirements for receiving aid or limitations on the amount and use of aid provided under s. 281.665, from the appropriation under s. 20.370 (6) (dq), the department of natural resources shall award $1,000,000 in fiscal year 2021-22 and $1,000,000 in fiscal year 2022-23 for the preparation of flood insurance studies and other flood mapping projects.”.

AB68-ASA2-AA5,53,4 151. Page 391, line 16: after that line insert:

AB68-ASA2-AA5,53,9 “(2u) Management of national forest land. The authorized FTE positions for the department of natural resources are increased by 2.0 SEG positions to be funded from the appropriation under s. 20.370 (2) (dq) for the purpose of administering and implementing the cooperative agreement and any contracts entered into under s. 28.15.”.

AB68-ASA2-AA5,53,10 152. Page 391, line 16: after that line insert:

AB68-ASA2-AA5,53,15 “(2q) Sauk Prairie state recreation area. Notwithstanding the requirements under s. 27.016, from the appropriation under s. 20.370 (1) (eq), the department of natural resources shall allocate $25,000 in fiscal year 2021-22 and $25,000 in fiscal year 2022-23 as grant funding for the Sauk Prairie Conservation Alliance to develop infrastructure projects for the Sauk Prairie State Recreation Area.”.

AB68-ASA2-AA5,53,16 153. Page 391, line 16: after that line insert:

AB68-ASA2-AA5,54,3 “(2a) Emergency rules for PFAS municipal grant program. The department of natural resources may use the procedure under s. 227.24 to promulgate emergency rules relating to the municipal grant program under s. 292.66. Notwithstanding s. 227.24 (1) (a) and (3), when promulgating emergency rules under this subsection, the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection. Notwithstanding s. 227.24 (1) (e) 1d. and 1g., for emergency rules promulgated under this subsection, the department is not required to prepare a statement of scope of the rules or to submit the proposed rules in final draft form to the governor for approval.”.

AB68-ASA2-AA5,54,4 154. Page 391, line 16: after that line insert:

AB68-ASA2-AA5,54,16 “(1a) Emergency rules for fire fighting foam. The department of natural resources may use the procedure under s. 227.24 to promulgate emergency rules relating to the collection and disposal of fire fighting foams that contain perfluoroalkyl and polyfluoroalkyl substances. Notwithstanding s. 227.24 (1) (a) and (3), when promulgating emergency rules under this subsection, the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection. Notwithstanding s. 227.24 (1) (e) 1d. and 1g., for emergency rules promulgated under this subsection, the department is not required to prepare a statement of scope of the rules or to submit the proposed rules in final draft form to the governor for approval.”.

AB68-ASA2-AA5,54,17 155. Page 399, line 15: after that line insert:

AB68-ASA2-AA5,54,19 “(7q) Annual 4th grade pass. The treatment of s. 27.01 (9) (bg) takes effect on January 1, 2022.”.