Amendment AA5-ASA2-AB68

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.”.

AB68-ASA2-AA5,54,20 (End)