Amendment SSA1-AB68

AB68-SSA1,1219,12 285.27 (2) (bm) Standards for PFAS. Emission standards for known perfluoroalkyl or polyfluoroalkyl substances are needed to provide adequate protection for public health and welfare under par. (b). The department shall promulgate emission standards for any known perfluoroalkyl or polyfluoroalkyl substances to provide adequate protection for public health and welfare, taking into account energy, economic, and environmental impacts and other costs related to the emission source.

AB68-SSA1,2691 Section 2691. 287.16 of the statutes is created to read:

AB68-SSA1,1219,17 287.16 Auxiliary containers. (1) The department may grant a political subdivision, as defined in s. 66.0419 (1) (b), upon application, an exemption from the requirements of s. 66.0419 (2) with regard to a specific type of container if all of the following apply:

AB68-SSA1,1219,19 (a) The political subdivision describes in the application the type of container to which the proposed exemption would apply.

AB68-SSA1,1219,21 (b) The political subdivision demonstrates that it cannot sell the type of container at a price that exceeds the recycling processing costs of the container.

AB68-SSA1,1219,23 (2) The department shall specify the period of an exemption under this section. The period may not exceed 2 years.

AB68-SSA1,2692 Section 2692 . 287.17 (10) (fm) of the statutes is created to read:

AB68-SSA1,1220,7 287.17 (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-SSA1,2693 Section 2693 . 289.33 (3) (d) of the statutes is amended to read:

AB68-SSA1,1221,2 289.33 (3) (d) “Local approval" includes any requirement for a permit, license, authorization, approval, variance or exception or any restriction, condition of approval or other restriction, regulation, requirement or prohibition imposed by a charter ordinance, general ordinance, zoning ordinance, resolution or regulation by a town, city, village, county or special purpose district, including without limitation because of enumeration any ordinance, resolution or regulation adopted under s. 91.73, 2007 stats., s. 59.03 (2), 59.11 (5), 59.42 (1), 59.48, 59.51 (1) and (2), 59.52 (2), (5), (6), (7), (8), (9), (11), (12), (13), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25), (26) and (27), 59.53 (1), (2), (3), (4), (5), (7), (8), (9), (11), (12), (13), (14), (15), (19), (20) and (23), 59.535 (2), (3) and (4), 59.54 (1), (2), (3), (4), (4m), (5), (6), (7), (8), (10), (11), (12), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25) (a), and (26), 59.55 (3), (4), (5) and (6), 59.56 (1), (2), (4), (5), (6), (7), (9), (10), (11), (12), (12m), (13) and (16), 59.57 (1), 59.58 (1) and (5), 59.62, 59.69, 59.692, 59.693, 59.696, 59.697, 59.698, 59.70 (1), (2), (3), (5), (7), (8), (9), (10), (11), (21), (22) and (23), 59.79 (1), (2), (3), (5), (7), (8), and (10), 59.792 (2) and (3), 59.80, 59.82, 60.10, 60.22, 60.23, 60.54, 60.77, 61.34, 61.35, 61.351, 61.353, 61.354, 62.11, 62.23, 62.231, 62.233, 62.234, 66.0101, 66.0415, 87.30, 196.58, 200.11 (8), 236.45, 281.43 or 349.16, subch. VIII of ch. 60, or subch. III of ch. 91.

AB68-SSA1,2694 Section 2694 . 289.63 (6) (d) 1. (intro.) of the statutes is amended to read:

AB68-SSA1,1221,5 289.63 (6) (d) 1. (intro.) In this paragraph, “qualified materials recovery facility" means one of the following:

AB68-SSA1,2695 Section 2695. 289.63 (6) (d) 1. c. of the statutes is created to read:

AB68-SSA1,1221,13 289.63 (6) (d) 1. c. A facility that is in operation on the effective date of this subd. 1. c. .... [LRB inserts date], at which solid waste is incinerated for the purpose of energy recovery, if the facility is licensed as a municipal solid waste combustor; the approved plan of operation for the facility requires the reporting of the weight of material coming into the facility, the weight of material rejected by the facility and where it was sent, and the weight of residue produced and where it was sent; and the facility is in compliance with its approved plan of operation.

AB68-SSA1,2696 Section 2696 . 289.63 (6) (d) 2. a. of the statutes is amended to read:

AB68-SSA1,1221,18 289.63 (6) (d) 2. a. For a qualified materials recovery facility described in subd. 1. a., an amount equal to the weight of the residue generated by the qualified materials recovery facility or 10 percent of the total weight of material accepted by the qualified materials recovery facility, whichever is less.

AB68-SSA1,2697 Section 2697. 289.63 (6) (d) 2. b. of the statutes is amended to read:

AB68-SSA1,1221,24 289.63 (6) (d) 2. b. For a qualified materials recovery facility described in subd. 1. b. or c., an amount equal to the weight of the residue generated by the qualified materials recovery facility or 30 percent of the total weight of material accepted by the qualified materials recovery facility, whichever is less. This exemption does not apply to ash residue generated by a qualified facility described in subd. 1. c.

AB68-SSA1,2698 Section 2698. 289.63 (6) (d) 3. a. of the statutes is amended to read:

AB68-SSA1,1222,5 289.63 (6) (d) 3. a. The department may require an operator that claims the exemption under this paragraph to certify that the operator's facility satisfies the criteria in subd. 1. a. or, b. , or c. and to report the weight of the residue for which the operator does not pay the groundwater and well compensation fees and any other information needed to determine eligibility for the exemption.

AB68-SSA1,2699 Section 2699 . 289.64 (4) (d) 1. (intro.) of the statutes is amended to read:

AB68-SSA1,1222,8 289.64 (4) (d) 1. (intro.) In this paragraph, “qualified materials recovery facility" means one of the following:

AB68-SSA1,2700 Section 2700. 289.64 (4) (d) 1. c. of the statutes is created to read:

AB68-SSA1,1222,16 289.64 (4) (d) 1. c. A facility that is in operation on the effective date of this subd. 1. c. .... [LRB inserts date], at which solid waste is incinerated for the purpose of energy recovery, if the facility is licensed as a municipal solid waste combustor; the approved plan of operation for the facility requires the reporting of the weight of material coming into the facility, the weight of material rejected by the facility and where it was sent, and the weight of residue produced and where it was sent; and the facility is in compliance with its approved plan of operation.

AB68-SSA1,2701 Section 2701 . 289.64 (4) (d) 2. a. of the statutes is amended to read:

AB68-SSA1,1222,21 289.64 (4) (d) 2. a. For a qualified materials recovery facility described in subd. 1. a., an amount equal to the weight of the residue generated by the qualified materials recovery facility or 10 percent of the total weight of material accepted by the qualified materials recovery facility, whichever is less.

AB68-SSA1,2702 Section 2702. 289.64 (4) (d) 2. b. of the statutes is amended to read:

AB68-SSA1,1223,2 289.64 (4) (d) 2. b. For a qualified materials recovery facility described in subd. 1. b. or c., an amount equal to the weight of the residue generated by the qualified materials recovery facility or 30 percent of the total weight of material accepted by the qualified materials recovery facility, whichever is less. This exemption does not apply to ash residue generated by a qualified facility described in subd. 1. c.

AB68-SSA1,2703 Section 2703. 289.64 (4) (d) 3. a. of the statutes is amended to read:

AB68-SSA1,1223,8 289.64 (4) (d) 3. a. The department may require an operator that claims the exemption under this paragraph to certify that the operator's facility satisfies the criteria in subd. 1. a. or, b. , or c. and to report the weight of the residue for which the operator does not pay the solid waste facility siting board fee and any other information needed to determine eligibility for the exemption.

AB68-SSA1,2704 Section 2704 . 289.645 (4) (h) 1. (intro.) of the statutes is amended to read:

AB68-SSA1,1223,11 289.645 (4) (h) 1. (intro.) In this paragraph, “qualified materials recovery facility" means one of the following:

AB68-SSA1,2705 Section 2705. 289.645 (4) (h) 1. c. of the statutes is created to read:

AB68-SSA1,1223,19 289.645 (4) (h) 1. c. A facility that is in operation on the effective date of this subd. 1. c. .... [LRB inserts date], at which solid waste is incinerated for the purpose of energy recovery, if the facility is licensed as a municipal solid waste combustor; the approved plan of operation for the facility requires the reporting of the weight of material coming into the facility, the weight of material rejected by the facility and where it was sent, and the weight of residue produced and where it was sent; and the facility is in compliance with its approved plan of operation.

AB68-SSA1,2706 Section 2706 . 289.645 (4) (h) 2. a. of the statutes is amended to read:

AB68-SSA1,1223,24 289.645 (4) (h) 2. a. For a qualified materials recovery facility described in subd. 1. a., an amount equal to the weight of the residue generated by the qualified materials recovery facility or 10 percent of the total weight of material accepted by the qualified materials recovery facility, whichever is less.

AB68-SSA1,2707 Section 2707. 289.645 (4) (h) 2. b. of the statutes is amended to read:

AB68-SSA1,1224,6 289.645 (4) (h) 2. b. For a qualified materials recovery facility described in subd. 1. b. or c., an amount equal to the weight of the residue generated by the qualified materials recovery facility or 30 percent of the total weight of material accepted by the qualified materials recovery facility, whichever is less. This exemption does not apply to ash residue generated by a qualified facility described in subd. 1. c.

AB68-SSA1,2708 Section 2708. 289.645 (4) (h) 3. a. of the statutes is amended to read:

AB68-SSA1,1224,12 289.645 (4) (h) 3. a. The department may require an operator that claims the exemption under this paragraph to certify that the operator's facility satisfies the criteria in subd. 1. a. or, b. , or c. and to report the weight of the residue for which the operator does not pay the recycling fee and any other information needed to determine eligibility for the exemption.

AB68-SSA1,2709 Section 2709 . 289.67 (1) (fj) 1. (intro.) of the statutes is amended to read:

AB68-SSA1,1224,15 289.67 (1) (fj) 1. (intro.) In this paragraph, “qualified materials recovery facility" means one of the following:

AB68-SSA1,2710 Section 2710. 289.67 (1) (fj) 1. c. of the statutes is created to read:

AB68-SSA1,1224,23 289.67 (1) (fj) 1. c. A facility that is in operation on the effective date of this subd. 1. c. .... [LRB inserts date], at which solid waste is incinerated for the purpose of energy recovery, if the facility is licensed as a municipal solid waste combustor; the approved plan of operation for the facility requires the reporting of the weight of material coming into the facility, the weight of material rejected by the facility and where it was sent, and the weight of residue produced and where it was sent; and the facility is in compliance with its approved plan of operation.

AB68-SSA1,2711 Section 2711 . 289.67 (1) (fj) 2. a. of the statutes is amended to read:

AB68-SSA1,1225,4 289.67 (1) (fj) 2. a. For a qualified materials recovery facility described in subd. 1. a., an amount equal to the weight of the residue generated by the qualified materials recovery facility or 10 percent of the total weight of material accepted by the qualified materials recovery facility, whichever is less.

AB68-SSA1,2712 Section 2712. 289.67 (1) (fj) 2. b. of the statutes is amended to read:

AB68-SSA1,1225,10 289.67 (1) (fj) 2. b. For a qualified materials recovery facility described in subd. 1. b. or c., an amount equal to the weight of the residue generated by the qualified materials recovery facility or 30 percent of the total weight of material accepted by the qualified materials recovery facility, whichever is less. This exemption does not apply to ash residue generated by a qualified facility described in subd. 1. c.

AB68-SSA1,2713 Section 2713. 289.67 (1) (fj) 3. a. of the statutes is amended to read:

AB68-SSA1,1225,16 289.67 (1) (fj) 3. a. The department may require an operator that claims the exemption under this paragraph to certify that the operator's facility satisfies the criteria in subd. 1. a. or, b. , or c. and to report the weight of the residue for which the operator does not pay the environmental repair fee and any other information needed to determine eligibility for the exemption.

AB68-SSA1,2714 Section 2714 . 292.31 (1) (d) (intro.) of the statutes is amended to read:

AB68-SSA1,1226,2 292.31 (1) (d) Access to information. (intro.) Upon the request of any officer, employee, or authorized representative of the department, any person who generated, transported, treated, stored, or disposed of solid or hazardous waste which that may have been disposed of at a site or facility under investigation by the department and any person who generated solid or hazardous waste at a site or facility under investigation by the department that was transported to, treated at, stored at, or disposed of at another site, facility, or location shall provide the officer, employee, or authorized representative access to any records or documents in that person's custody, possession, or control which relate to:

AB68-SSA1,2715 Section 2715 . 292.31 (1) (d) 1m. of the statutes is created to read:

AB68-SSA1,1226,6 292.31 (1) (d) 1m. The type and quantity of waste generated at the site or facility that was transported to, treated at, stored at, or disposed of at another site, facility, or location, and the dates and locations of these activities.

AB68-SSA1,2716 Section 2716. 292.66 of the statutes is created to read:

AB68-SSA1,1226,8 292.66 PFAS municipal grant program. (1) Definitions. In this section:

AB68-SSA1,1226,9 (a) “Class B fire fighting foam” has the meaning given in s. 299.48 (1) (a).

AB68-SSA1,1226,11 (b) “Municipality” means a city, village, town, county, utility district, lake protection district, sewerage district, or municipal airport.

AB68-SSA1,1226,12 (c) “PFAS” means a perfluoroalkyl or polyfluoroalkyl substance.

AB68-SSA1,1226,16 (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-SSA1,1226,18 (3) Eligibility prerequisites. A grant may be awarded under sub. (2) only if one of the following has occurred:

AB68-SSA1,1226,22 (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-SSA1,1226,24 (b) The municipality applied biosolids to land under a permit issued by DNR under s. 283.31.

AB68-SSA1,1227,3 (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-SSA1,1227,5 (4) Eligible activities. The department may award a grant under sub. (2) for any of the following activities:

AB68-SSA1,1227,7 (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-SSA1,1227,9 (b) Treating or disposing of PFAS-containing fire fighting foam containers from a municipal site or facility.

AB68-SSA1,1227,11 (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-SSA1,1227,13 (d) Providing a temporary emergency water supply, a water treatment system, or bulk water to replace water contaminated with PFAS.

AB68-SSA1,1227,15 (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-SSA1,1227,20 (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-SSA1,1227,24 (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-SSA1,1228,2 (6) Evaluation criteria. The department, in awarding grants under this section, shall consider all of the following criteria:

AB68-SSA1,1228,5 (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-SSA1,1228,7 (b) The degree to which the project will have a positive impact on public health and the environment.

AB68-SSA1,1228,9 (c) Other criteria that the department finds necessary to prioritize the funds available for awarding grants.

AB68-SSA1,1228,13 (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-SSA1,2717 Section 2717 . 292.74 of the statutes is created to read:

AB68-SSA1,1229,9 292.74 Financial responsibility for PFAS. The department may, if it determines doing so is necessary to protect human health or the environment, require a person who possesses or controls a perfluoroalkyl or polyfluoroalkyl substance to provide proof of financial responsibility for conducting emergency response actions, remedial actions, environmental repair, and long-term care to address contamination by a potential discharge of perfluoroalkyl or polyfluoroalkyl substances or environmental pollution that may be caused by a discharge of such substances. The department shall establish, by rule, the procedure for determining whether requiring a proof of financial responsibility is necessary to protect human health or the environment, and may establish requirements for types of financial responsibility, methods for calculating amounts of financial responsibility, access and default, bankruptcy notifications, and any other requirements the department determines are necessary under this section. The proof of financial responsibility required under this section shall be in addition to any other proof of financial responsibility or financial assurance required under this chapter. This section does not apply to a municipality, fire department, fire district, water utility, wastewater utility, or the state. This section also does not apply to a person who owns an agricultural site at which biosolids received from a municipality are spread on land, if the application is done in accordance with a pollution discharge elimination system permit issued under ch. 283 and only while the site remains under agricultural use.

AB68-SSA1,2718 Section 2718 . 299.15 (2m) of the statutes is created to read:

AB68-SSA1,1229,13 299.15 (2m) The department shall consider all known perfluoroalkyl or polyfluoroalkyl substances to be air contaminants for purposes of sub. (2) (a) 2. The reporting level for these substances is zero pounds per year.

AB68-SSA1,2719 Section 2719 . 299.44 of the statutes is created to read:

AB68-SSA1,1229,15 299.44 Sale and use of coal tar sealants. (1) Definitions. In this section:

AB68-SSA1,1229,19 (a) “Coal tar sealant product” means a surface applied sealing product containing coal tar, coal tar pitch, coal tar pitch volatiles, or any variation assigned the Chemical Abstracts Service (CAS) number 65996-93-2, 65996-89-6, or 8007-45-2.

AB68-SSA1,1229,21 (b) “High PAH sealant product” means a surface applied sealant product that contains more than 0.1 percent polycyclic aromatic hydrocarbons by weight.

AB68-SSA1,1229,24 (2) Prohibitions. (a) Beginning January 1, 2022, no person may sell or offer for sale a coal tar sealant product or high PAH sealant product, except as provided in sub. (3).

AB68-SSA1,1230,2 (b) Beginning July 1, 2022, no person may apply a coal tar sealant product or high PAH sealant product, except as provided in sub. (3).

AB68-SSA1,1230,4 (3) Exemptions. The department may grant an exemption to the prohibitions under sub. (2) to any of the following upon written request:

AB68-SSA1,1230,6 (a) A person who is researching the effects of a coal tar sealant product or high PAH sealant product on the environment.