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AB68-ASA2-AA5,43,86 200.35 (14) (h) For a dredged material management facility constructed by the
7commission, the commission may reserve space in the dredged material
8management facility for the disposal of sediment from flood management projects.
AB68-ASA2-AA5,364y 9Section 364y. 230.08 (2) (ym) of the statutes is created to read:
AB68-ASA2-AA5,43,1010 230.08 (2) (ym) The director of the office of environmental justice.”.
AB68-ASA2-AA5,43,12 11138. Page 341, line 11: increase the underscored dollar amount by
12$351,200,000.
AB68-ASA2-AA5,43,13 13139. Page 341, line 12: after that line insert:
AB68-ASA2-AA5,43,14 14 Section 367a. 281.61 (8) (b) of the statutes is created to read:
AB68-ASA2-AA5,43,1815 281.61 (8) (b) The department of administration shall allocate the amount
16appropriated under s. 20.320 (2) (a) to projects involving forgivable loans to private
17users of public water systems to cover not more than 50 percent of the cost to replace
18lead service lines.”.
AB68-ASA2-AA5,43,19 19140. Page 341, line 12: after that line insert:
AB68-ASA2-AA5,43,20 20 Section 367t. 287.17 (10) (fm) of the statutes is created to read:
AB68-ASA2-AA5,44,321 287.17 (10) (fm) Rural electronics recycling grants. The department shall
22administer a program to provide grants from the appropriation under s. 20.370 (4)
23(hr), if sufficient program revenue is available, to expand electronics recycling and
24recovery programs in rural counties of the state. Grants under this program may be

1provided to local units of government, businesses, and nonprofit entities for the
2purpose of hosting a collection site or collection event, or series of collection sites or
3collection events, in rural counties of the state.”.
AB68-ASA2-AA5,44,4 4141. Page 341, line 12: after that line insert:
AB68-ASA2-AA5,44,6 5 Section 367b. 281.75 (1) (b) (intro.), 1. and 2. of the statutes are amended to
6read:
AB68-ASA2-AA5,44,87 281.75 (1) (b) (intro.) “Contaminated well" or “contaminated private water
8supply" means a well or private water supply which does any of the following:
AB68-ASA2-AA5,44,119 1. Produces water containing one or more substances of public health concern
10in excess of a primary maximum contaminant level promulgated in the national
11drinking water standards in 40 CFR 141 and 143;.
AB68-ASA2-AA5,44,1312 2. Produces water containing one or more substances of public health concern
13in excess of an enforcement standard under ch. 160; or.
AB68-ASA2-AA5,367c 14Section 367c. 281.75 (1) (b) 4. of the statutes is created to read:
AB68-ASA2-AA5,44,1615 281.75 (1) (b) 4. Produces water containing at least 10 parts per billion of
16arsenic or at least 10 parts per million of nitrate nitrogen.
AB68-ASA2-AA5,367d 17Section 367d. 281.75 (4m) (a) of the statutes is amended to read:
AB68-ASA2-AA5,44,2118 281.75 (4m) (a) In order to be eligible for an award under this section, the
19annual family income of the landowner or lessee of property on which is located a
20contaminated water supply or a well subject to abandonment may not exceed $65,000
21$100,000.
AB68-ASA2-AA5,367e 22Section 367e. 281.75 (5) (f) of the statutes is amended to read:
AB68-ASA2-AA5,45,423 281.75 (5) (f) The Except as provided in par. (g), the department shall allocate
24money for the payment of claims according to the order in which completed claims

1are received. The department may conditionally approve a completed claim even if
2the appropriation under s. 20.370 (6) (cr) is insufficient to pay the claim. The
3department shall allocate money for the payment of a claim which is conditionally
4approved as soon as funds become available.
AB68-ASA2-AA5,367f 5Section 367f. 281.75 (5) (g) of the statutes is created to read:
AB68-ASA2-AA5,45,86 281.75 (5) (g) If the appropriation under s. 20.370 (6) (cr) is insufficient to pay
7claims, the department may, for claims based on nitrate levels, allocate money for the
8payment of those claims in the following order of priority:
AB68-ASA2-AA5,45,109 1. Claims based on water containing more than 40 parts per million of nitrate
10nitrogen.
AB68-ASA2-AA5,45,1211 2. Claims based on water containing more than 30 but not more than 40 parts
12per million of nitrate nitrogen.
AB68-ASA2-AA5,45,1413 3. Claims based on water containing more than 25 but not more than 30 parts
14per million of nitrate nitrogen.
AB68-ASA2-AA5,45,1615 4. Claims based on water containing more than 20 but not more than 25 parts
16per million of nitrate nitrogen.
AB68-ASA2-AA5,45,1817 5. Claims based on water containing more than 10 but not more than 20 parts
18per million of nitrate nitrogen.
AB68-ASA2-AA5,367g 19Section 367g. 281.75 (7) (a) of the statutes is amended to read:
AB68-ASA2-AA5,45,2520 281.75 (7) (a) If the department finds that the claimant meets all the
21requirements of this section and rules promulgated under this section and that the
22private water supply is contaminated or that the well is a well subject to
23abandonment, the department shall issue an award. The Except as provided under
24par. (am), the
award may not pay more than 75 percent of the eligible costs. The
25award may not pay any portion of eligible costs in excess of $16,000.
AB68-ASA2-AA5,367h
1Section 367h. 281.75 (7) (am) of the statutes is created to read:
AB68-ASA2-AA5,46,42 281.75 (7) (am) An award under this subsection may pay up to 100 percent of
3the eligible costs if the annual family income of the claimant is below the median
4household income for the state, as determined by U.S. bureau of the census.
AB68-ASA2-AA5,367i 5Section 367i. 281.75 (7) (b) of the statutes is repealed.
AB68-ASA2-AA5,367j 6Section 367j. 281.75 (9) of the statutes is repealed.
AB68-ASA2-AA5,367k 7Section 367k. 281.75 (11) (a) 6. of the statutes is amended to read:
AB68-ASA2-AA5,46,148 281.75 (11) (a) 6. If the claim is based on a contaminated private water supply,
9all of the contaminants upon which the claim is based are naturally occurring
10substances and the concentration of the contaminants in water produced by the well
11does not significantly exceed the background concentration of the contaminants in
12groundwater at that location. This subdivision does not apply to a well that produces
13water containing at least 10 parts per billion of arsenic or at least 10 parts per million
14of nitrate nitrogen.
AB68-ASA2-AA5,367L 15Section 367L. 281.75 (11) (a) 8. of the statutes is amended to read:
AB68-ASA2-AA5,46,1916 281.75 (11) (a) 8. If the claim is based on a contaminated private water supply,
17the contaminated private water supply is a residential water supply , that is
18contaminated by bacteria or nitrates or both, and is not contaminated by any other
19substance, except as provided in par. (ae).”.
AB68-ASA2-AA5,46,20 20142. Page 341, line 12: after that line insert:
AB68-ASA2-AA5,46,21 21 Section 367v. 283.31 (8) of the statutes is amended to read:
AB68-ASA2-AA5,47,822 283.31 (8) A person applying for a new permit under this section for a
23concentrated animal feeding operation shall pay to the department an application
24fee of $3,270, which shall be credited to the appropriation account under s. 20.370

1(9) (ag).
The holder of a permit under this section for a concentrated animal feeding
2operation shall annually pay to the department a fee of $345 $545, which shall be
3credited to the appropriation account under s. 20.370 (9) (ag). The department shall
4annually submit a report to the joint committee on finance and, under s. 13.172 (3),
5to the standing committees of the legislature with jurisdiction over agricultural and
6environmental matters describing the use of the moneys credited to the
7appropriation account under s. 20.370 (9) (ag) under this subsection and the use of
8the moneys appropriated under s. 20.370 (9) (ap).”.
AB68-ASA2-AA5,47,9 9143. Page 346, line 2: after that line insert:
AB68-ASA2-AA5,47,10 10 Section 387m. 292.66 of the statutes is created to read:
AB68-ASA2-AA5,47,11 11292.66 PFAS municipal grant program. (1) Definitions. In this section:
AB68-ASA2-AA5,47,1212 (a) “Class B fire fighting foam” has the meaning given in s. 299.48 (1) (a).
AB68-ASA2-AA5,47,1413 (b) “Municipality” means a city, village, town, county, utility district, lake
14protection district, sewerage district, or municipal airport.
AB68-ASA2-AA5,47,1515 (c) “PFAS” means a perfluoroalkyl or polyfluoroalkyl substance.
AB68-ASA2-AA5,47,19 16(2) Financial assistance. The department shall administer a program to
17provide grants from the appropriation under s. 20.370 (6) (ed) to municipalities that
18meet the requirements under sub. (3) for the purpose of conducting any of the eligible
19activities under sub. (4).
AB68-ASA2-AA5,47,21 20(3) Eligibility prerequisites. A grant may be awarded under sub. (2) only if
21one of the following has occurred:
AB68-ASA2-AA5,48,222 (a) The municipality tested or trained with a class B fire fighting foam that
23contained intentionally added PFAS in accordance with applicable state and federal

1law, or a 3rd party tested or trained with a class B fire fighting foam that contained
2intentionally added PFAS within the boundaries of the municipality.
AB68-ASA2-AA5,48,43 (b) The municipality applied biosolids to land under a permit issued by DNR
4under s. 283.31.
AB68-ASA2-AA5,48,75 (c) PFAS are impacting the municipality's drinking water supply or surface
6water or groundwater within the municipality and the responsible party is unknown
7or is unwilling or unable to take the necessary response actions.
AB68-ASA2-AA5,48,9 8(4) Eligible activities. The department may award a grant under sub. (2) for
9any of the following activities:
AB68-ASA2-AA5,48,1110 (a) Investigating potential PFAS impacts to the air, land, or water at a site or
11facility for the purpose of reducing or eliminating environmental contamination.
AB68-ASA2-AA5,48,1312 (b) Treating or disposing of PFAS-containing fire fighting foam containers from
13a municipal site or facility.
AB68-ASA2-AA5,48,1514 (c) Sampling a private water supply within 3 miles of a site or facility known
15to contain PFAS or to have caused a PFAS discharge.
AB68-ASA2-AA5,48,1716 (d) Providing a temporary emergency water supply, a water treatment system,
17or bulk water to replace water contaminated with PFAS.
AB68-ASA2-AA5,48,1918 (e) Conducting emergency, interim, or remedial actions to mitigate, treat,
19dispose of, or remove PFAS contamination to the air, land, or waters of the state.
AB68-ASA2-AA5,48,2420 (f) Removing or treating PFAS in a public water system using the most
21cost-effective method to provide safe drinking water in areas where PFAS levels
22exceed the maximum contaminant level for PFAS under ch. 281 or an enforcement
23standard for PFAS under ch. 160 or where the state has issued a health advisory for
24PFAS.
AB68-ASA2-AA5,49,4
1(5) Application. A municipality shall apply for a grant on a form prescribed
2by the department and shall include any information that the department finds
3necessary to determine the eligibility of the project, identify the funding requested,
4determine the priority of the project, and calculate the amount of a grant.
AB68-ASA2-AA5,49,6 5(6) Evaluation criteria. The department, in awarding grants under this
6section, shall consider all of the following criteria:
AB68-ASA2-AA5,49,97 (a) The municipality's demonstrated commitment to performing and
8completing eligible activities, including the municipality's financial commitment
9and ability to successfully administer grants.
AB68-ASA2-AA5,49,1110 (b) The degree to which the project will have a positive impact on public health
11and the environment.
AB68-ASA2-AA5,49,1312 (c) Other criteria that the department finds necessary to prioritize the funds
13available for awarding grants.
AB68-ASA2-AA5,49,17 14(7) Matching funds. The department may not distribute a grant under this
15section unless the applicant contributes matching funds equal to at least 20 percent
16of the amount of the grant. Matching funds may be in the form of cash, in-kind
17contributions, or both.”.
AB68-ASA2-AA5,49,18 18144. Page 357, line 12: after that line insert:
AB68-ASA2-AA5,49,22 19(6u) Office of environmental justice positions. The authorized FTE
20positions for the department of administration are increased by 4.0 PR positions to
21be funded from the appropriation under s. 20.505 (1) (kt) for the purpose of
22administering the technical assistance grant program under s. 16.035 (3).”.
AB68-ASA2-AA5,49,23 23145. Page 358, line 14: after that line insert:
AB68-ASA2-AA5,50,11
1“(2h) Emergency rules for conservation grant program. The department of
2agriculture, trade and consumer protection may use the procedure under s. 227.24
3to promulgate emergency rules relating to the conservation grant program under s.
493.76. Notwithstanding s. 227.24 (1) (a) and (3), when promulgating emergency
5rules under this subsection, the department is not required to provide evidence that
6promulgating a rule under this subsection as an emergency rule is necessary for the
7preservation of the public peace, health, safety, or welfare and is not required to
8provide a finding of emergency for a rule promulgated under this subsection.
9Notwithstanding s. 227.24 (1) (e) 1d. and 1g., for emergency rules promulgated under
10this subsection, the department is not required to prepare a statement of scope of the
11rules or to submit the proposed rules in final draft form to the governor for approval.”.
AB68-ASA2-AA5,50,12 12146. Page 358, line 14: after that line insert:
AB68-ASA2-AA5,50,24 13“(3u) Emergency rules for regenerative agriculture practices grant
14program.
The department of agriculture, trade and consumer protection may use the
15procedure under s. 227.24 to promulgate emergency rules relating to the
16regenerative agriculture practices grant program under s. 93.75. Notwithstanding
17s. 227.24 (1) (a) and (3), when promulgating emergency rules under this subsection,
18the department is not required to provide evidence that promulgating a rule under
19this subsection as an emergency rule is necessary for the preservation of the public
20peace, health, safety, or welfare and is not required to provide a finding of emergency
21for a rule promulgated under this subsection. Notwithstanding s. 227.24 (1) (e) 1d.
22and 1g., for emergency rules promulgated under this subsection, the department is
23not required to prepare a statement of scope of the rules or to submit the proposed
24rules in final draft form to the governor for approval.”.
AB68-ASA2-AA5,51,1
1147. Page 358, line 14: after that line insert:
AB68-ASA2-AA5,51,16 2“(3q) Emergency rules for food security and Wisconsin products grant
3program.
The department of agriculture, trade and consumer protection may use the
4procedure under s. 227.24 to promulgate emergency rules relating to the food
5security and Wisconsin products grant program under s. 93.60 for the period before
6the effective date of any permanent rules promulgated under s. 93.60 but not to
7exceed the period authorized under s. 227.24 (1) (c), subject to extension under s.
8227.24 (2). Notwithstanding s. 227.24 (1) (a), (2) (b), and (3), when promulgating
9emergency rules under this subsection, the department is not required to provide
10evidence that promulgating a rule under this subsection as an emergency rule is
11necessary for the preservation of the public peace, health, safety, or welfare and is
12not required to provide a finding of emergency for a rule promulgated under this
13subsection. Notwithstanding s. 227.24 (1) (e) 1d. and 1g., for emergency rules
14promulgated under this subsection, the department is not required to prepare a
15statement of scope of the rules or to submit the proposed rules in final draft form to
16the governor for approval.”.
AB68-ASA2-AA5,51,17 17148. Page 358, line 14: after that line insert:
AB68-ASA2-AA5,52,7 18“(3v) Emergency rules for meat processing facility grant program. The
19department of agriculture, trade and consumer protection may use the procedure
20under s. 227.24 to promulgate emergency rules relating to the meat processing
21facility grant program under s. 93.68 for the period before the effective date of any
22permanent rules promulgated under s. 93.68 but not to exceed the period authorized
23under s. 227.24 (1) (c), subject to extension under s. 227.24 (2). Notwithstanding s.
24227.24 (1) (a), (2) (b), and (3), when promulgating emergency rules under this

1subsection, the department is not required to provide evidence that promulgating a
2rule under this subsection as an emergency rule is necessary for the preservation of
3the public peace, health, safety, or welfare and is not required to provide a finding
4of emergency for a rule promulgated under this subsection. Notwithstanding s.
5227.24 (1) (e) 1d. and 1g., for emergency rules promulgated under this subsection, the
6department is not required to prepare a statement of scope of the rules or to submit
7the proposed rules in final draft form to the governor for approval.”.
AB68-ASA2-AA5,52,8 8149. Page 391, line 16: after that line insert:
AB68-ASA2-AA5,52,20 9(2e) Emergency rule-making authority; Great Lakes erosion control
10program.
The department of natural resources may use the procedure under s.
11227.24 to promulgate emergency rules under s. 23.199 for the period before the date
12on which permanent rules under s. 23.199 take effect. Notwithstanding s. 227.24 (1)
13(c) and (2), emergency rules promulgated under this subsection remain in effect until
14the first day of the 25th month beginning after the effective date of the emergency
15rules, the date on which the permanent rules take effect, or the effective date of the
16repeal of the emergency rules, whichever is earlier. Notwithstanding s. 227.24 (1) (a)
17and (3), the department of natural resources is not required to provide evidence that
18promulgating a rule under this subsection as emergency rules is necessary for the
19preservation of public peace, health, safety, or welfare and is not required to provide
20a finding of emergency for a rule promulgated under this subsection.”.
AB68-ASA2-AA5,52,21 21150. Page 391, line 16: after that line insert:
AB68-ASA2-AA5,53,3 22“(3r) Municipal flood control aid. Notwithstanding eligibility requirements
23for receiving aid or limitations on the amount and use of aid provided under s.
24281.665, from the appropriation under s. 20.370 (6) (dq), the department of natural

1resources shall award $1,000,000 in fiscal year 2021-22 and $1,000,000 in fiscal year
22022-23 for the preparation of flood insurance studies and other flood mapping
3projects.”.
AB68-ASA2-AA5,53,4 4151. Page 391, line 16: after that line insert:
AB68-ASA2-AA5,53,9 5(2u) Management of national forest land. The authorized FTE positions for
6the department of natural resources are increased by 2.0 SEG positions to be funded
7from the appropriation under s. 20.370 (2) (dq) for the purpose of administering and
8implementing the cooperative agreement and any contracts entered into under s.
928.15.”.
AB68-ASA2-AA5,53,10 10152. Page 391, line 16: after that line insert:
AB68-ASA2-AA5,53,15 11(2q) Sauk Prairie state recreation area. Notwithstanding the requirements
12under s. 27.016, from the appropriation under s. 20.370 (1) (eq), the department of
13natural resources shall allocate $25,000 in fiscal year 2021-22 and $25,000 in fiscal
14year 2022-23 as grant funding for the Sauk Prairie Conservation Alliance to develop
15infrastructure projects for the Sauk Prairie State Recreation Area.”.
AB68-ASA2-AA5,53,16 16153. Page 391, line 16: after that line insert:
AB68-ASA2-AA5,54,3 17(2a) Emergency rules for PFAS municipal grant program. The department
18of natural resources may use the procedure under s. 227.24 to promulgate emergency
19rules relating to the municipal grant program under s. 292.66. Notwithstanding s.
20227.24 (1) (a) and (3), when promulgating emergency rules under this subsection, the
21department is not required to provide evidence that promulgating a rule under this
22subsection as an emergency rule is necessary for the preservation of the public peace,
23health, safety, or welfare and is not required to provide a finding of emergency for a
24rule promulgated under this subsection. Notwithstanding s. 227.24 (1) (e) 1d. and

11g., for emergency rules promulgated under this subsection, the department is not
2required to prepare a statement of scope of the rules or to submit the proposed rules
3in final draft form to the governor for approval.”.
AB68-ASA2-AA5,54,4 4154. Page 391, line 16: after that line insert:
AB68-ASA2-AA5,54,16 5(1a) Emergency rules for fire fighting foam. The department of natural
6resources may use the procedure under s. 227.24 to promulgate emergency rules
7relating to the collection and disposal of fire fighting foams that contain
8perfluoroalkyl and polyfluoroalkyl substances. Notwithstanding s. 227.24 (1) (a) and
9(3), when promulgating emergency rules under this subsection, the department is
10not required to provide evidence that promulgating a rule under this subsection as
11an emergency rule is necessary for the preservation of the public peace, health,
12safety, or welfare and is not required to provide a finding of emergency for a rule
13promulgated under this subsection. Notwithstanding s. 227.24 (1) (e) 1d. and 1g., for
14emergency rules promulgated under this subsection, the department is not required
15to prepare a statement of scope of the rules or to submit the proposed rules in final
16draft form to the governor for approval.”.
AB68-ASA2-AA5,54,17 17155. Page 399, line 15: after that line insert:
AB68-ASA2-AA5,54,19 18“(7q) Annual 4th grade pass. The treatment of s. 27.01 (9) (bg) takes effect on
19January 1, 2022.”.
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