AB419: Bill Text

AB419,9 Section 9 . 25.17 (1) (kt) of the statutes is created to read:

AB419,9,1 25.17 (1) (kt) PFAS action fund (s. 25.461);

AB419,10 Section 10 . 25.461 of the statutes is created to read:

AB419,9,8 25.461 PFAS action fund. There is established a separate nonlapsible trust fund designated as the PFAS action fund, to consist of moneys that are received for the department of natural resources under settlement agreements or orders in settlement of actions or proposed actions for violations of chs. 280 to 299, or in settlement of actions initiated under 42 USC 9601 to 9675, resulting from environmental contamination from a perfluoroalkyl or polyfluoroalkyl substance.

AB419,11 Section 11 . 36.50 of the statutes is created to read:

AB419,9,17 36.50 PFAS human health study. The Division of Extension at the University of Wisconsin-Madison shall conduct a longitudinal human health study to assess the possible human health effects of perfluoroalkyl and polyfluoroalkyl substances. The division shall, at a minimum, conduct a long-term health survey of participants, test blood and urine samples from participants for the presence and levels of perfluoroalkyl and polyfluoroalkyl substances and for markers of health effects, and analyze the results. The division shall make any data generated from this study available to the department of health services.

AB419,12 Section 12 . 160.07 (7) of the statutes is created to read:

AB419,9,24 160.07 (7) The department shall apply the department of health services' recommended enforcement standards for any perfluoroalkyl or polyfluoroalkyl substance as an interim enforcement standard for all facilities, practices, and activities that may affect groundwater and that are regulated under ch. 85, 93, 94, 101, 145, 281, 283, 287, 289, 291, or 292, unless emergency or permanent rules that establish an enforcement standard for that substance are in effect.

AB419,13 Section 13 . 160.15 (4) of the statutes is created to read:

AB419,10,6 160.15 (4) Notwithstanding sub. (1), if an interim enforcement standard for a perfluoroalkyl or polyfluoroalkyl substance is applied under s. 160.07 (7), the department shall apply an interim preventive action limit for that substance of 20 percent of the concentration established as the interim enforcement standard, unless emergency or permanent rules that establish a preventive action limit for that substance are in effect.

AB419,14 Section 14 . 227.139 (5) of the statutes is created to read:

AB419,10,12 227.139 (5) This section does not apply to a proposed rule of the department of natural resources establishing acceptable levels and standards, performance standards, monitoring requirements, and required response actions for any perfluoroalkyl or polyfluoroalkyl substance or group or class of such substances in groundwater, drinking water, surface water, air, soil, or sediment.

AB419,15 Section 15 . 281.15 (5m) of the statutes is created to read:

AB419,10,17 281.15 (5m) The department shall promulgate water quality criteria under this section for any perfluoroalkyl or polyfluoroalkyl substance for which the department receives a recommended groundwater enforcement standard from the department of health services.

AB419,16 Section 16 . 281.17 (8) (c) of the statutes is created to read:

AB419,10,22 281.17 (8) (c) 1. The department shall apply the department of health services' recommended enforcement standards for any perfluoroalkyl or polyfluoroalkyl substances as an interim maximum contaminant level for public water systems and water suppliers.

AB419,10,25 2. The department shall require public water systems and water suppliers to monitor the substances described under subd. 1. in accordance with the requirements established under ss. NR 809.20 to 809.207, Wis. Adm. Code.

AB419,11,5 3. Public water systems and water suppliers shall use, as an interim best available technology, granular activated carbon, powdered activated carbon, ion exchange resins, nanofiltration, or reverse osmosis to treat the substances described under subd. 1. and any other perfluoroalkyl and polyfluoroalkyl substances for which the department of health services has recommended an enforcement standard.

AB419,11,8 4. Public water systems and water suppliers shall use laboratories certified to analyze drinking water to conduct testing under this paragraph, and shall use the method detection limit for reporting purposes.

AB419,11,11 5. This paragraph does not apply to any substance for which the department has established a maximum contaminant level in an emergency rule or permanent rule.

AB419,17 Section 17 . 281.61 (6) of the statutes is amended to read:

AB419,12,3 281.61 (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. For the purpose of ranking projects under this subsection, if the department of health services has recommended an enforcement standard for perfluoroalkyl or polyfluoroalkyl substances, the department of natural resources shall treat a project relating to those perfluoroalkyl or polyfluoroalkyl substances as if a maximum contaminant level for those substances has been attained or exceeded.

AB419,18 Section 18 . 281.79 of the statutes is created to read:

AB419,12,6 281.79 Negotiations for alternate source of water due to PFAS contamination. (1) Definitions. In this section:

AB419,12,8 (a) “Municipality” means a city, village, town, county, utility district, lake protection district, sewerage district, or municipal airport.

AB419,12,9 (b) “Private water supply” has the meaning given in s. 281.77 (1) (a).

AB419,12,16 (2) Request for mediator. A municipality that contains private water supplies that have been contaminated by perfluoroalkyl or polyfluoroalkyl substances and that is entitled to obtain an alternate source of water or to connect to a public water supply or another private water supply under s. 281.75 or 281.77 may request that the department appoint a mediator to assist in negotiations if the alternate source of water is to be provided by or the connection is to be made to a water supply located within another municipality.

AB419,13,2 (3) List of mediators. The department shall maintain a list of competent and disinterested mediators qualified to perform the duties under this section. None of the mediators may be employees of the department. Upon receiving a request from a municipality under sub. (2), the secretary or his or her designee shall select 2 or 3 mediators from the list and inform the requesting municipality of the persons selected. The municipalities and any responsible parties participating in negotiation shall choose a mediator and shall notify the department of the person selected, upon which the secretary or his or her designee shall appoint the mediator. If the parties cannot agree on a mediator, the secretary or his or her designee shall appoint a mediator.

AB419,13,12 (4) Negotiation. The mediator, immediately upon being appointed, shall contact the department, the municipalities, and any participating responsible parties and shall schedule negotiating sessions. The mediator shall schedule the first negotiating session no later than 20 days after being appointed. The mediator may meet with all parties to the negotiation, individual parties, or groups of parties. The mediator shall facilitate a discussion between the municipalities and any participating responsible parties to attempt to reach an agreement on the provision of an alternate source of water to the requesting municipality or the connection to a public water supply or another private water supply and the contribution of funds by the municipalities and any responsible parties.

AB419,13,15 (5) Addition of parties. The mediator shall permit the addition to the negotiation, at any time, of any responsible party or any other person who wishes to be a party to the negotiated agreement.

AB419,13,20 (6) Agreement. The parties to the negotiation may enter into an agreement, in accordance with ss. 292.11 and 292.31, regarding the provision of an alternate source of water to the requesting municipality or the connection to a public water supply or another private water supply and the contribution of funds by the municipalities and any responsible parties.

AB419,14,2 (7) Failure to reach an agreement. If the parties to the negotiation are unable to reach an agreement under sub. (6) by the end of the period of negotiation, the mediator shall make a recommendation to the department and to the parties to the negotiation regarding the provision of an alternate source of water to the requesting municipality or the connection to a public water supply or another private water supply and the contribution of funds by the municipalities and any responsible parties.

AB419,14,7 (8) Costs. The municipalities and any responsible parties that participate in negotiations shall pay for the costs of the mediator, whether or not an agreement among the parties is reached under sub. (6) or the parties accept the recommendation of the mediator under sub. (7). The mediator shall determine an equitable manner of paying for the costs of the mediator, which is binding.

AB419,14,10 (9) Technical assistance. The department shall provide technical assistance to a mediator at the request of the mediator. The department may limit the amount of staff time allocated to each negotiation.

AB419,19 Section 19 . 285.27 (2) (bm) of the statutes is created to read:

AB419,14,19 285.27 (2) (bm) Standards for PFAS. The department shall promulgate emission standards for any perfluoroalkyl or polyfluoroalkyl substance for which the department of health services has recommended a groundwater enforcement standard 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. The department shall begin promulgating standards under this paragraph within 12 months of receiving a recommended groundwater enforcement standard from the department of health services.

AB419,20 Section 20 . 292.31 (1) (d) (intro.) of the statutes is amended to read:

AB419,15,4 292.31 (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:

AB419,21 Section 21 . 292.31 (1) (d) 1m. of the statutes is created to read:

AB419,15,8 292.31 (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.

AB419,22 Section 22 . 292.31 (11) of the statutes is created to read:

AB419,15,15 292.31 (11) Residual contaminant levels for PFAS. The department shall require responsible parties to establish residual contaminant levels for the cleanup of contaminated soil and sediment, as required under rules promulgated by the department, as a result of a discharge of any perfluoroalkyl or polyfluoroalkyl substance for which the department receives a recommended groundwater enforcement standard from the department of health services.

AB419,23 Section 23 . 292.66 of the statutes is created to read:

AB419,15,17 292.66 PFAS municipal grant program. (1) Definitions. In this section:

AB419,15,18 (a) “Class B fire fighting foam” has the meaning given in s. 299.48 (1) (a).

AB419,15,20 (b) “Municipality” means a city, village, town, county, utility district, lake protection district, sewerage district, or municipal airport.

AB419,15,21 (c) “PFAS” means a perfluoroalkyl or polyfluoroalkyl substance.

AB419,15,25 (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).

AB419,16,2 (3) Eligibility prerequisites. A grant may be awarded under sub. (2) only if one of the following has occurred:

AB419,16,6 (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.

AB419,16,8 (b) The municipality applied biosolids to land under a permit issued by the department under s. 283.31.

AB419,16,11 (c) One or more 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.

AB419,16,13 (4) Eligible activities. The department may award a grant under sub. (2) for any of the following activities:

AB419,16,15 (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.

AB419,16,17 (b) Treating or disposing of PFAS-containing fire fighting foam containers from a municipal site or facility.

AB419,16,19 (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.

AB419,16,21 (d) Providing a temporary emergency water supply, a water treatment system, or bulk water to replace water contaminated with PFAS.

AB419,16,23 (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.

AB419,17,3 (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.

AB419,17,4 (g) Paying the costs of a municipality for a mediator under s. 281.79.

AB419,17,8 (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.

AB419,17,10 (6) Evaluation criteria. The department, in awarding grants under this section, shall consider all of the following criteria:

AB419,17,13 (a) The municipality's demonstrated commitment to performing and completing eligible activities, including the municipality's financial commitment and ability to successfully administer grants.

AB419,17,15 (b) The degree to which the project will have a positive impact on public health and the environment.

AB419,17,17 (c) Other criteria that the department finds necessary to prioritize the funds available for awarding grants.

AB419,17,21 (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.

AB419,24 Section 24 . 292.67 of the statutes is created to read:

AB419,17,24 292.67 County well testing grant program. (1) Definitions. In this section:

AB419,17,25 (a) “PFAS” means a perfluoroalkyl or polyfluoroalkyl substance.

AB419,18,2 (b) “Private water supply" means a well that is used as a source of water for humans, livestock, as defined in s. 95.80 (1) (b), or poultry.

AB419,18,6 (2) Financial assistance. The department shall administer a program to provide grants from the appropriation under s. 20.370 (6) (ee) to counties for the purpose of providing sampling and testing services to owners of private water supplies to sample and test for PFAS, nitrates, bacteria, and lead.

AB419,25 Section 25 . 292.74 of the statutes is created to read:

AB419,18,25 292.74 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 or who causes the discharge of 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 is 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, agricultural producer, or the state.

AB419,26 Section 26. 299.15 (2m) of the statutes is created to read:

AB419,19,6 299.15 (2m) The department shall consider any perfluoroalkyl or polyfluoroalkyl substance for which the department of health services has recommended a groundwater enforcement standard to be an air contaminant for purposes of sub. (2) (a) 2. The reporting level for these substances is any amount greater than zero pounds per year.

AB419,27 Section 27 . 299.48 (1) (am) of the statutes is created to read:

AB419,19,11 299.48 (1) (am) “Foam” includes any material that contains PFAS that is generated as a result of foam storage, containment, or treatment, including treatment media, equipment used to clean up fire fighting foams, booms, filters, infrastructure, or other debris.

AB419,28 Section 28 . 299.48 (1) (e) of the statutes is created to read:

AB419,19,16 299.48 (1) (e) “Treatment” means any method, technique, or process, including thermal destruction, that changes the physical, chemical, or biological character or composition of a contaminant so as to immobilize, remove, or destroy the contaminant.

AB419,29 Section 29 . 299.48 (3d) of the statutes is created to read:

AB419,20,9 299.48 (3d) Treatment and disposal. (a) If the person responsible for treatment of foam uses a treatment other than incineration or thermal destruction, the person shall monitor and sample any treated wastewater for the foam indicator parameters listed in par. (b) or in a modified list of indicator parameters under par. (d) to ensure effective treatment of foam, which includes removal of PFAS. The treatment indicator parameter action levels included in par. (b) or in any modified list under par. (d) are not enforceable effluent limitations, but are values that shall be used by the person treating foam to gauge appropriate treatment effectiveness, and to trigger actions under par. (c) that are needed to ensure that a treatment system continues to optimize PFAS removal. Treated wastewater samples shall be collected at least weekly during periods of discharge, although this frequency may be reduced after one year of data collection if the department determines that data indicate that breakthrough of PFAS occurs less frequently than weekly. All analytical sample results for PFAS shall be retained for 3 years and made available to the department upon request. In accordance with par. (c), the person responsible for the treatment of foam may request a modification to the list of PFAS indicator parameters that are required for sampling under par. (b).

AB419,20,11 (b) The PFAS treatment indicator parameters and action levels for this subsection are as follows:

AB419,20,12 1. For 4:2 Fluorotelomer Sulfonic Acid (4:2 FTS), the action level is 2.1 ng/L.

AB419,20,13 2. For 6:2 Fluorotelomer Sulfonic Acid (6:2 FTS), the action level is 2.4 ng/L.

AB419,20,14 3. For 8:2 Fluorotelomer Sulfonic Acid (8:2 FTS), the action level is 2.3 ng/L.

AB419,20,15 4. For Perfluorobutanoic Acid (PFBA), the action level is 960 ng/L.

AB419,20,16 5. For Perfluorobutanesulfonic Acid (PFBS), the action level is 1.8 ng/L.

AB419,20,17 6. For Perfluoropentanoic Acid (PFPeA), the action level is 197 ng/L.

AB419,20,18 7. For Perfluoropentanesulfonic Acid (PFPeS), the action level is 2.4 ng/L.