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AB419,18,6 3(2) Financial assistance. The department shall administer a program to
4provide grants from the appropriation under s. 20.370 (6) (ee) to counties for the
5purpose of providing sampling and testing services to owners of private water
6supplies to sample and test for PFAS, nitrates, bacteria, and lead.
AB419,25 7Section 25 . 292.74 of the statutes is created to read:
AB419,18,25 8292.74 Financial responsibility for PFAS. The department may, if it
9determines doing so is necessary to protect human health or the environment,
10require a person who possesses or controls or who causes the discharge of a
11perfluoroalkyl or polyfluoroalkyl substance to provide proof of financial
12responsibility for conducting emergency response actions, remedial actions,
13environmental repair, and long-term care to address contamination by a potential
14discharge of perfluoroalkyl or polyfluoroalkyl substances or environmental pollution
15that may be caused by a discharge of such substances. The department shall
16establish, by rule, the procedure for determining whether requiring a proof of
17financial responsibility is necessary to protect human health or the environment,
18and may establish requirements for types of financial responsibility, methods for
19calculating amounts of financial responsibility, access and default, bankruptcy
20notifications, and any other requirements the department determines is necessary
21under this section. The proof of financial responsibility required under this section
22shall be in addition to any other proof of financial responsibility or financial
23assurance required under this chapter. This section does not apply to a municipality,
24fire department, fire district, water utility, wastewater utility, agricultural producer,
25or the state.
AB419,26
1Section 26. 299.15 (2m) of the statutes is created to read:
AB419,19,62 299.15 (2m) The department shall consider any perfluoroalkyl or
3polyfluoroalkyl substance for which the department of health services has
4recommended a groundwater enforcement standard to be an air contaminant for
5purposes of sub. (2) (a) 2. The reporting level for these substances is any amount
6greater than zero pounds per year.
AB419,27 7Section 27 . 299.48 (1) (am) of the statutes is created to read:
AB419,19,118 299.48 (1) (am) “Foam” includes any material that contains PFAS that is
9generated as a result of foam storage, containment, or treatment, including
10treatment media, equipment used to clean up fire fighting foams, booms, filters,
11infrastructure, or other debris.
AB419,28 12Section 28 . 299.48 (1) (e) of the statutes is created to read:
AB419,19,1613 299.48 (1) (e) “Treatment” means any method, technique, or process, including
14thermal destruction, that changes the physical, chemical, or biological character or
15composition of a contaminant so as to immobilize, remove, or destroy the
16contaminant.
AB419,29 17Section 29 . 299.48 (3d) of the statutes is created to read:
AB419,20,918 299.48 (3d) Treatment and disposal. (a) If the person responsible for
19treatment of foam uses a treatment other than incineration or thermal destruction,
20the person shall monitor and sample any treated wastewater for the foam indicator
21parameters listed in par. (b) or in a modified list of indicator parameters under par.
22(d) to ensure effective treatment of foam, which includes removal of PFAS. The
23treatment indicator parameter action levels included in par. (b) or in any modified
24list under par. (d) are not enforceable effluent limitations, but are values that shall
25be used by the person treating foam to gauge appropriate treatment effectiveness,

1and to trigger actions under par. (c) that are needed to ensure that a treatment
2system continues to optimize PFAS removal. Treated wastewater samples shall be
3collected at least weekly during periods of discharge, although this frequency may
4be reduced after one year of data collection if the department determines that data
5indicate that breakthrough of PFAS occurs less frequently than weekly. All
6analytical sample results for PFAS shall be retained for 3 years and made available
7to the department upon request. In accordance with par. (c), the person responsible
8for the treatment of foam may request a modification to the list of PFAS indicator
9parameters that are required for sampling under par. (b).
AB419,20,1110 (b) The PFAS treatment indicator parameters and action levels for this
11subsection are as follows:
AB419,20,1212 1. For 4:2 Fluorotelomer Sulfonic Acid (4:2 FTS), the action level is 2.1 ng/L.
AB419,20,1313 2. For 6:2 Fluorotelomer Sulfonic Acid (6:2 FTS), the action level is 2.4 ng/L.
AB419,20,1414 3. For 8:2 Fluorotelomer Sulfonic Acid (8:2 FTS), the action level is 2.3 ng/L.
AB419,20,1515 4. For Perfluorobutanoic Acid (PFBA), the action level is 960 ng/L.
AB419,20,1616 5. For Perfluorobutanesulfonic Acid (PFBS), the action level is 1.8 ng/L.
AB419,20,1717 6. For Perfluoropentanoic Acid (PFPeA), the action level is 197 ng/L.
AB419,20,1818 7. For Perfluoropentanesulfonic Acid (PFPeS), the action level is 2.4 ng/L.
AB419,20,1919 8. For Perfluorohexanoic Acid (PFHxA), the action level is 2.4 ng/L.
AB419,20,2020 9. For Perfluorohexanesulfonic Acid (PFHxS), the action level is 1.7 ng/L.
AB419,20,2121 10. For Perfluoroheptanoic Acid (PFHpA), the action level is 3.2 ng/L.
AB419,20,2222 11. For Perfluoroheptanesulfonic Acid (PFHpS), the action level is 2.0 ng/L.
AB419,20,2323 12. For Perfluorooctanoic Acid (PFOA), the action level is 2.1 ng/L.
AB419,20,2424 13. For Perfluorooctanesulfonic Acid (PFOS), the action level is 1.3 ng/L.
AB419,21,2
114. For Perfluorooctanesulfonamide (PFOSA / FOSA), the action level is 4.9
2ng/L.
AB419,21,73 (c) If the concentration of PFAS in a wastewater sample exceeds a treatment
4indicator parameter action level listed in par. (b) or treatment indicator parameter
5action level in a modified list approved under par. (d), the person responsible for the
6treatment of foam shall take one or more of the following actions until the indicator
7parameter action level is achieved again:
AB419,21,98 1. Hold the treated water until further sampling, treatment, or both confirms
9that treatment indicator parameter action levels are attained.
AB419,21,1210 2. Replace the granular activated carbon media within the lead carbon vessel,
11move that vessel to the lag position, and move all other vessels forward one position
12in the series.
AB419,21,1513 3. Modify the design or operation of the treatment system to prevent discharges
14of foam with the goal of compliance with the treatment indicator parameters in par.
15(b) or in a modified list approved under par. (d).
AB419,22,316 (d) The person responsible for treatment of foam may request modification of
17the sampling requirements in pars. (a) and (b) based on the documented nature and
18concentration of foam being tested. The request shall include sampling and analysis
19of the foam that will be discharged and data documenting efficiency of removal by
20the treatment system. Samples shall be representative of daily operations and
21performed when the full range of PFAS are likely to be present in maximum
22concentrations or quantities. The department may approve modified sampling
23requirements if the requester demonstrates that any indicator parameters listed in
24par. (b) that will be excluded will not be present in the effluent, and that the proposed
25alternative or remaining parameters are sufficient to gauge appropriate treatment

1effectiveness and to trigger actions needed to ensure that the treatment system
2continues to optimize PFAS removal. The department shall notify the person
3requesting a modification in writing of its decision.
AB419,30 4Section 30 . 299.48 (3m) (c) of the statutes is created to read:
AB419,22,65 299.48 (3m) (c) Notification under this subsection shall be done according to
6ch. NR 706, Wis. Adm. Code.
AB419,31 7Section 31 . 299.485 of the statutes is created to read:
AB419,22,9 8299.485 Food packaging containing PFAS. (1) Definition. In this section,
9“PFAS” means a perfluoroalkyl and polyfluoroalkyl substance.
AB419,22,12 10(2) Prohibition. Beginning on January 1, 2025, no person may distribute, sell,
11or offer for sale food packaging or products contained in food packaging that contains
12intentionally added PFAS.
AB419,32 13Section 32 . Nonstatutory provisions.
AB419,22,2414 (1) Emergency rules for PFAS municipal grant program. The department of
15natural resources may use the procedure under s. 227.24 to promulgate emergency
16rules relating to the municipal grant program under s. 292.66. Notwithstanding s.
17227.24 (1) (a) and (3), when promulgating emergency rules under this subsection, the
18department is not required to provide evidence that promulgating a rule under this
19subsection as an emergency rule is necessary for the preservation of the public peace,
20health, safety, or welfare and is not required to provide a finding of emergency for a
21rule promulgated under this subsection. Notwithstanding s. 227.24 (1) (e) 1d. and
221g., for emergency rules promulgated under this subsection, the department is not
23required to prepare a statement of scope of the rules or to submit the proposed rules
24in final draft form to the governor for approval.
AB419,23,12
1(2) Emergency rules for fire fighting foam. The department of natural
2resources may use the procedure under s. 227.24 to promulgate emergency rules
3relating to the collection and disposal of fire fighting foams that contain
4perfluoroalkyl and polyfluoroalkyl substances. Notwithstanding s. 227.24 (1) (a) and
5(3), when promulgating emergency rules under this subsection, the department is
6not required to provide evidence that promulgating a rule under this subsection as
7an emergency rule is necessary for the preservation of the public peace, health,
8safety, or welfare and is not required to provide a finding of emergency for a rule
9promulgated under this subsection. Notwithstanding s. 227.24 (1) (e) 1d. and 1g., for
10emergency rules promulgated under this subsection, the department is not required
11to prepare a statement of scope of the rules or to submit the proposed rules in final
12draft form to the governor for approval.
AB419,23,1913 (3) Notification. The department of natural resources shall notify the
14legislative reference bureau when the federal environmental protection agency
15promulgates regulations relating to air stack testing methods for any perfluoroalkyl
16or polyfluoroalkyl substance and the effective date of those regulations. The
17legislative reference bureau shall publish a notice in the Wisconsin Administrative
18Register that specifies the effective date of the treatment of ss. 285.27 (2) (bm) and
19299.15 (2m), as determined under Section 34 (2 ) of this act.
AB419,23,2520 (4) Emission standards for PFAS. Notwithstanding s. 285.27 (2) (bm), if the
21department of health services has recommended a groundwater enforcement
22standard for a perfluoroalkyl or polyfluoroalkyl substance before the effective date
23of this subsection, the department of natural resources is not required to begin
24promulgating an emission standard for that substance until 12 months beginning
25after the effective date of this subsection.
AB419,24,1
1(5) Testing laboratories; emergency rules.
AB419,24,142 (a) The department of natural resources shall use the procedure under s. 227.24
3to promulgate, no later than the first day of the 7th month beginning after the
4effective date of this paragraph, emergency rules establishing criteria for certifying
5laboratories to test for any perfluoroalkyl or polyfluoroalkyl substances, including
6the standards and methods for such testing, and shall certify laboratories that meet
7these criteria. Notwithstanding s. 227.24 (1) (c) and (2), emergency rules
8promulgated under this paragraph remain in effect until 3 years after the effective
9date of this paragraph or the date on which permanent rules take effect, whichever
10is sooner. Notwithstanding s. 227.24 (1) (a) and (3), the department of natural
11resources is not required to provide evidence that promulgating a rule under this
12paragraph as an emergency rule is necessary for the preservation of public peace,
13health, safety, or welfare and is not required to provide a finding of emergency for a
14rule promulgated under this paragraph.
AB419,24,1715 (b) Before emergency rules are promulgated under par. (a), the department of
16natural resources may require testing for a perfluoroalkyl or polyfluoroalkyl
17substance to be done according to any nationally recognized procedures.
AB419,24,2318 (c) Emergency rules promulgated under par. (a) for drinking water shall be
19based on federal environmental protection agency protocols, if any, for testing for
20perfluoroalkyl and polyfluoroalkyl substances. In promulgating emergency rules
21under par. (a) for nondrinking water, the department of natural resources shall take
22into consideration the latest version of the federal department of defense's Quality
23Systems Manual for Environmental Laboratories.
AB419,25,424 (6) Report. No later than June 30, 2023, the department of natural resources
25and the department of health services shall submit a joint report to the chief clerk

1of each house of the legislature for distribution to the appropriate standing
2committees under s. 13.172 (3) having jurisdiction over matters relating to the
3environment. The report shall describe the feasibility and advisability of regulating
4perfluoroalkyl and polyfluoroalkyl substances as one or more classes of substances.
AB419,25,85 (7) Position authorization — county well testing grant program. The
6authorized FTE positions for the department of natural resources are increased by
71.0 GPR position, to be funded from the appropriation under s. 20.370 (6) (ee), for the
8purpose of administering the county well testing grant program under s. 292.67.
AB419,25,159 (8) Statewide biomonitoring studies. The department of health services shall
10conduct biomonitoring studies across the state to assess perfluoroalkyl and
11polyfluoroalkyl substance exposure levels and better understand the factors that
12affect perfluoroalkyl and polyfluoroalkyl substance exposure levels in different
13communities. The department shall, at a minimum, survey participants, test blood
14samples for the presence and levels of perfluoroalkyl and polyfluoroalkyl substances,
15and analyze the results.
AB419,33 16Section 33 . Fiscal changes.
AB419,25,2117 (1) Testing of PFAS contamination in water supplies — rivers. In the schedule
18under s. 20.005 (3) for the appropriation to the department of natural resources
19under s. 20.370 (4) (mq), the dollar amount for fiscal year 2021-22 is increased by
20$55,000 and the dollar amount for fiscal year 2022-23 is increased by $55,000 for the
21purpose of testing for perfluoroalkyl and polyfluoroalkyl substances in rivers.
AB419,26,222 (2) Testing of PFAS contamination in water supplies — wastewater treatment
23facilities.
In the schedule under s. 20.005 (3) for the appropriation to the
24department of natural resources under s. 20.370 (4) (mq), the dollar amount for fiscal
25year 2021-22 is increased by $25,000 and the dollar amount for fiscal year 2022-23

1is increased by $25,000 for the purpose of testing for perfluoroalkyl and
2polyfluoroalkyl substances at wastewater treatment facilities.
AB419,26,93 (3) PFAS at sites and facilities under state responsibility. In the schedule
4under s. 20.005 (3) for the appropriation to the department of natural resources
5under s. 20.370 (4) (dv), the dollar amount for fiscal year 2021-22 is increased by
6$600,000 and the dollar amount for fiscal year 2022-23 is increased by $600,000 for
7the purpose of testing for and addressing perfluoroalkyl and polyfluoroalkyl
8substance contamination at sites and facilities for which the state has assumed
9responsibility.
AB419,26,2510 (4) Position authorizations; natural resources; environmental management.
11In the schedule under s. 20.005 (3) for the appropriation to the department of natural
12resources under s. 20.370 (4) (mq), the dollar amount for fiscal year 2021-22 is
13increased by $670,800 to increase the authorized FTE positions for the department
14by 10.0 SEG positions for the purpose of implementing the Wisconsin PFAS Action
15Plan of December 2020. The positions shall be placed in the department's
16environmental management division as follows: 3.0 water supply specialists in the
17drinking and groundwater program; 2.0 wastewater specialists in the water quality
18program; 1.0 engineer, specialist, or chemist in the air management program; 1.0 air
19management specialist in the air management program; 1.0 hydrogeologist in the
20remediation and redevelopment program; 1.0 hydrogeologist program coordinator in
21the remediation and redevelopment program; and 1.0 hydrogeologist in the waste
22and materials management program. In the schedule under s. 20.005 (3) for the
23appropriation to the department of natural resources under s. 20.370 (4) (mq), the
24dollar amount for fiscal year 2022-23 is increased by $857,500 to provide funding for
25the positions authorized under this subsection.
AB419,27,10
1(5) Position authorizations; natural resources; fish, wildlife, and parks. In
2the schedule under s. 20.005 (3) for the appropriation to the department of natural
3resources under s. 20.370 (1) (mu), the dollar amount for fiscal year 2021-22 is
4increased by $60,500 to increase the authorized FTE positions for the department
5by 1.0 SEG position to serve as a toxicologist in the bureau of wildlife management
6of the division of fish, wildlife, and parks for the purpose of implementing the
7Wisconsin PFAS Action Plan of December 2020. In the schedule under s. 20.005 (3)
8for the appropriation to the department of natural resources under s. 20.370 (1) (mu),
9the dollar amount for fiscal year 2022-23 is increased by $79,200 to provide funding
10for the positions authorized under this subsection.
AB419,27,2011 (6) Position authorizations; health services; statewide biomonitoring
12studies.
In the schedule under s. 20.005 (3) for the appropriation to the department
13of health services under s. 20.435 (1) (a), the dollar amount for fiscal year 2021-22
14is increased by $630,000 to conduct the studies under Section 32 (8) and to increase
15the authorized FTE positions for the department by 5.0 GPR positions to serve as 1.0
16research scientist, 1.0 public health educator, 1.0 program manager and study
17coordinator, 1.0 epidemiologist, and 1.0 outreach specialist. In the schedule under
18s. 20.005 (3) for the appropriation to the department of health services under s.
1920.435 (1) (a), the dollar amount for fiscal year 2022-23 is increased by $630,000 for
20the same purposes.
AB419,28,521 (7) Position authorizations; health services; groundwater enforcement
22standards.
In the schedule under s. 20.005 (3) for the appropriation to the
23department of health services under s. 20.435 (1) (a), the dollar amount for fiscal year
242021-22 is increased by $248,600 to increase the authorized FTE positions for the
25department by 4.0 GPR research scientist positions for the purpose of recommending

1enforcement standards for perfluoroalkyl and polyfluoroalkyl substances under s.
2160.07. In the schedule under s. 20.005 (3) for the appropriation to the department
3of health services under s. 20.435 (1) (a), the dollar amount for fiscal year 2022-23
4is increased by $248,600 to provide funding for the positions authorized under this
5subsection.
AB419,34 6Section 34 . Effective dates. This act takes effect on the day after publication,
7except as follows:
AB419,28,108 (1) The treatment of s. 281.17 (8) (c) takes effect on the first day of the 7th month
9beginning after publication, or on the first day of the 7th month beginning after
10publication of the 2021 biennial budget act, whichever is later.
AB419,28,1411 (2) The treatment of ss. 285.27 (2) (bm) and 299.15 (2m) takes effect on the first
12day after the effective date of the federal environmental protection agency's
13regulations relating to air stack testing methods for one or more perfluoroalkyl or
14polyfluoroalkyl substances.
AB419,28,1515 (End)
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