Access to information on solid or hazardous waste
In addition, the bill requires a person who generates solid or hazardous waste
at a site or facility under investigation by DNR to provide DNR with access to
information relating to any transportation to or treatment, storage, or disposal at
another site, facility, or location.
Proof of financial responsibility for PFAS contamination
The bill also provides that DNR 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 PFAS to provide proof of financial responsibility for
remediation and long-term care to address contamination by a potential discharge
of PFAS or environmental pollution that may be caused by a discharge of PFAS. This
financial responsibility requirement does not apply to a municipality, fire
department, fire district, water utility, wastewater utility, agricultural producer, or
the state.
Statewide PFAS biomonitoring studies
The bill requires DHS to conduct biomonitoring studies across the state to
assess PFAS exposure levels and better understand the factors that affect PFAS
levels in residents of different communities. As part of these studies, DHS must
survey participants, test blood samples for PFAS, and analyze the results. The bill
authorizes 5.0 additional FTE positions in DHS to conduct these studies and
provides $630,000 in annual funding for this purpose.
Longitudinal PFAS and human health study
The bill also requires the Division of Extension at the University of
Wisconsin-Madison to undertake a longitudinal human health study to assess the
possible human health effects of PFAS. As part of this study, the Division of
Extension must conduct an extensive, long-term health survey of participants, test
blood and urine samples for PFAS and for markers of health effects, and analyze the
results. The bill provides $1,000,000 in annual funding for this purpose. The bill also
requires the Division of Extension to make any data generated from the study
available to DHS.
Criteria for certifying labs for PFAS testing
In addition, the bill requires DNR to set criteria for certifying laboratories to
test for PFAS, and to certify laboratories that meet these criteria. These criteria
must be based on protocols established by the federal Environmental Protection
Agency and the federal Department of Defense. Before these criteria are set, the bill
allows DNR to require testing for PFAS to be done according to nationally recognized
procedures.
Report on regulating PFAS as a class
The bill also requires DNR and DHS to submit a joint report to the legislature,
no later than June 30, 2023, on the feasibility and advisability of regulating PFAS
as one or more classes of substances.
Funding and emergency rules for PFAS fire fighting foam collection
The bill provides $1,000,000 in a new continuing SEG appropriation for the
purpose of collecting and disposing of PFAS-containing fire fighting foam. The bill
also allows DNR to promulgate emergency rules relating to the collection and
disposal of PFAS-containing fire fighting foams without finding an emergency,
preparing a statement of scope, or submitting the final proposed rules to the governor
for approval.
Funding for sampling and testing public water supplies for PFAS
The bill also provides $750,000 in a new continuing SEG appropriation for the
purpose of sampling and testing public water supplies for PFAS.
Funding for testing for PFAS in rivers and wastewater treatment facilities
The bill increases SEG funding for DNR to test for PFAS contamination in
water supplies, including $55,000 each fiscal year for testing in rivers and $25,000
each fiscal year for testing at wastewater treatment facilities.
Funding for testing for PFAS at sites under state responsibility
The bill also increases SEG funding for DNR by $600,000 in each fiscal year for
the purpose of testing for and addressing PFAS contamination at sites and facilities
for which the state has assumed responsibility.
DNR PFAS positions
The bill authorizes 11.0 additional SEG positions relating to PFAS in DNR and
provides funding for those positions.
DHS PFAS positions
The bill authorizes 4.0 additional GPR positions in DHS for the purpose of
recommending groundwater enforcement standards for PFAS and provides funding
for those positions.
PFAS action fund
Finally, the bill creates a new segregated fund, designated as the PFAS action
fund, to collect all moneys received from DNR's portion of settlement agreements in
court actions, or proposed actions, resulting from PFAS contamination. The funds
must be used to carry out the purposes for which they were received.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB419,1
1Section 1
. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
2the following amounts for the purposes indicated:
-
See PDF for table AB419,2
1Section 2
. 20.285 (1) (as) of the statutes is created to read:
AB419,7,32
20.285
(1) (as)
PFAS human health study. The amounts in the schedule to
3conduct the study under s. 36.50.
AB419,3
4Section 3
. 20.370 (1) (mu) of the statutes is amended to read:
AB419,8,45
20.370
(1) (mu)
General program operations — state funds. The amounts in
6the schedule for general program operations that are conducted under ss. 23.09 to
723.11, 27.01, 30.203, 30.277, and 90.21, and chs. 29 and 169, for activities conducted
8under the ecological inventory and monitoring program of the endangered resources
9program, for the aquatic and terrestrial resources inventory under s. 23.09 (2) (km),
1for providing the signage required under s. 23.118,
for toxicology testing relating to
2perfluoroalkyl and polyfluoroalkyl substances, and for payments of $53,700 in each
3fiscal year, to be credited to the appropriation account under s. 20.285 (1) (k), to the
4University of Wisconsin System for outdoor skills training under s. 29.598.
AB419,4
5Section 4
. 20.370 (4) (az) of the statutes is created to read:
AB419,8,86
20.370
(4) (az)
PFAS — settlement funds. From the PFAS action fund, all
7moneys described under s. 25.461 to carry out the purposes for which they are
8received.
AB419,5
9Section 5
. 20.370 (4) (pr) of the statutes is created to read:
AB419,8,1210
20.370
(4) (pr)
PFAS in public water supplies. From the environmental fund,
11as a continuing appropriation, the amounts in the schedule for sampling and testing
12public water supplies for PFAS contamination.
AB419,6
13Section 6
. 20.370 (4) (ps) of the statutes is created to read:
AB419,8,1614
20.370
(4) (ps)
PFAS in fire fighting foam. From the environmental fund, as
15a continuing appropriation, the amounts in the schedule for the collection and
16disposal of PFAS-containing fire fighting foam.
AB419,7
17Section 7
. 20.370 (6) (ed) of the statutes is created to read:
AB419,8,2018
20.370
(6) (ed)
Environmental aids —
PFAS municipal grant program. As a
19continuing appropriation, the amounts in the schedule for the municipal grant
20program under s. 292.66.
AB419,8
21Section 8
. 20.370 (6) (ee) of the statutes is created to read:
AB419,8,2422
20.370
(6) (ee)
Environmental aids —
county well testing grant program. As
23a continuing appropriation, the amounts in the schedule for the county well testing
24grant program under s. 292.67.
AB419,9
25Section 9
. 25.17 (1) (kt) of the statutes is created to read:
AB419,9,1
125.17
(1) (kt) PFAS action fund (s. 25.461);
AB419,10
2Section 10
. 25.461 of the statutes is created to read:
AB419,9,8
325.461 PFAS action fund. There is established a separate nonlapsible trust
4fund designated as the PFAS action fund, to consist of moneys that are received for
5the department of natural resources under settlement agreements or orders in
6settlement of actions or proposed actions for violations of chs. 280 to 299, or in
7settlement of actions initiated under
42 USC 9601 to
9675, resulting from
8environmental contamination from a perfluoroalkyl or polyfluoroalkyl substance.
AB419,11
9Section 11
. 36.50 of the statutes is created to read:
AB419,9,17
1036.50 PFAS human health study. The Division of Extension at the
11University of Wisconsin-Madison shall conduct a longitudinal human health study
12to assess the possible human health effects of perfluoroalkyl and polyfluoroalkyl
13substances. The division shall, at a minimum, conduct a long-term health survey
14of participants, test blood and urine samples from participants for the presence and
15levels of perfluoroalkyl and polyfluoroalkyl substances and for markers of health
16effects, and analyze the results. The division shall make any data generated from
17this study available to the department of health services.
AB419,12
18Section 12
. 160.07 (7) of the statutes is created to read:
AB419,9,2419
160.07
(7) The department shall apply the department of health services'
20recommended enforcement standards for any perfluoroalkyl or polyfluoroalkyl
21substance as an interim enforcement standard for all facilities, practices, and
22activities that may affect groundwater and that are regulated under ch. 85, 93, 94,
23101, 145, 281, 283, 287, 289, 291, or 292, unless emergency or permanent rules that
24establish an enforcement standard for that substance are in effect.
AB419,13
25Section 13
. 160.15 (4) of the statutes is created to read:
AB419,10,6
1160.15
(4) Notwithstanding sub. (1), if an interim enforcement standard for a
2perfluoroalkyl or polyfluoroalkyl substance is applied under s. 160.07 (7), the
3department shall apply an interim preventive action limit for that substance of 20
4percent of the concentration established as the interim enforcement standard,
5unless emergency or permanent rules that establish a preventive action limit for that
6substance are in effect.
AB419,14
7Section 14
. 227.139 (5) of the statutes is created to read:
AB419,10,128
227.139
(5) This section does not apply to a proposed rule of the department
9of natural resources establishing acceptable levels and standards, performance
10standards, monitoring requirements, and required response actions for any
11perfluoroalkyl or polyfluoroalkyl substance or group or class of such substances in
12groundwater, drinking water, surface water, air, soil, or sediment.
AB419,15
13Section 15
. 281.15 (5m) of the statutes is created to read:
AB419,10,1714
281.15
(5m) The department shall promulgate water quality criteria under
15this section for any perfluoroalkyl or polyfluoroalkyl substance for which the
16department receives a recommended groundwater enforcement standard from the
17department of health services.
AB419,16
18Section 16
. 281.17 (8) (c) of the statutes is created to read:
AB419,10,2219
281.17
(8) (c) 1. The department shall apply the department of health services'
20recommended enforcement standards for any perfluoroalkyl or polyfluoroalkyl
21substances as an interim maximum contaminant level for public water systems and
22water suppliers.
AB419,10,2523
2. The department shall require public water systems and water suppliers to
24monitor the substances described under subd. 1. in accordance with the
25requirements established under ss. NR 809.20 to 809.207, Wis. Adm. Code.
AB419,11,5
13. Public water systems and water suppliers shall use, as an interim best
2available technology, granular activated carbon, powdered activated carbon, ion
3exchange resins, nanofiltration, or reverse osmosis to treat the substances described
4under subd. 1. and any other perfluoroalkyl and polyfluoroalkyl substances for which
5the department of health services has recommended an enforcement standard.
AB419,11,86
4. Public water systems and water suppliers shall use laboratories certified to
7analyze drinking water to conduct testing under this paragraph, and shall use the
8method detection limit for reporting purposes.
AB419,11,119
5. This paragraph does not apply to any substance for which the department
10has established a maximum contaminant level in an emergency rule or permanent
11rule.
AB419,17
12Section 17
. 281.61 (6) of the statutes is amended to read:
AB419,12,313
281.61
(6) Priority list. The department shall establish a priority list that
14ranks each safe drinking water loan program project. The department shall
15promulgate rules for determining project rankings that, to the extent possible, give
16priority to projects that address the most serious risks to human health, that are
17necessary to ensure compliance with the Safe Drinking Water Act,
42 USC 300f to
18300j-26, and that assist applicants that are most in need on a per household basis,
19according to affordability criteria specified in the rules. For the purpose of ranking
20projects under this subsection, the department shall treat a project to upgrade a
21public water system to provide continuous disinfection of the water that it distributes
22as if the public water system were a surface water system that federal law requires
23to provide continuous disinfection.
For the purpose of ranking projects under this
24subsection, if the department of health services has recommended an enforcement
25standard for perfluoroalkyl or polyfluoroalkyl substances, the department of natural
1resources shall treat a project relating to those perfluoroalkyl or polyfluoroalkyl
2substances as if a maximum contaminant level for those substances has been
3attained or exceeded.
AB419,18
4Section 18
. 281.79 of the statutes is created to read:
AB419,12,6
5281.79 Negotiations for alternate source of water due to PFAS
6contamination. (1) Definitions. In this section:
AB419,12,87
(a) “Municipality” means a city, village, town, county, utility district, lake
8protection district, sewerage district, or municipal airport.
AB419,12,99
(b) “Private water supply” has the meaning given in s. 281.77 (1) (a).
AB419,12,16
10(2) Request for mediator. A municipality that contains private water supplies
11that have been contaminated by perfluoroalkyl or polyfluoroalkyl substances and
12that is entitled to obtain an alternate source of water or to connect to a public water
13supply or another private water supply under s. 281.75 or 281.77 may request that
14the department appoint a mediator to assist in negotiations if the alternate source
15of water is to be provided by or the connection is to be made to a water supply located
16within another municipality.
AB419,13,2
17(3) List of mediators. The department shall maintain a list of competent and
18disinterested mediators qualified to perform the duties under this section. None of
19the mediators may be employees of the department. Upon receiving a request from
20a municipality under sub. (2), the secretary or his or her designee shall select 2 or 3
21mediators from the list and inform the requesting municipality of the persons
22selected. The municipalities and any responsible parties participating in
23negotiation shall choose a mediator and shall notify the department of the person
24selected, upon which the secretary or his or her designee shall appoint the mediator.
1If the parties cannot agree on a mediator, the secretary or his or her designee shall
2appoint a mediator.
AB419,13,12
3(4) Negotiation. The mediator, immediately upon being appointed, shall
4contact the department, the municipalities, and any participating responsible
5parties and shall schedule negotiating sessions. The mediator shall schedule the
6first negotiating session no later than 20 days after being appointed. The mediator
7may meet with all parties to the negotiation, individual parties, or groups of parties.
8The mediator shall facilitate a discussion between the municipalities and any
9participating responsible parties to attempt to reach an agreement on the provision
10of an alternate source of water to the requesting municipality or the connection to
11a public water supply or another private water supply and the contribution of funds
12by the municipalities and any responsible parties.
AB419,13,15
13(5) Addition of parties. The mediator shall permit the addition to the
14negotiation, at any time, of any responsible party or any other person who wishes to
15be a party to the negotiated agreement.
AB419,13,20
16(6) Agreement. The parties to the negotiation may enter into an agreement,
17in accordance with ss. 292.11 and 292.31, regarding the provision of an alternate
18source of water to the requesting municipality or the connection to a public water
19supply or another private water supply and the contribution of funds by the
20municipalities and any responsible parties.
AB419,14,2
21(7) Failure to reach an agreement. If the parties to the negotiation are unable
22to reach an agreement under sub. (6) by the end of the period of negotiation, the
23mediator shall make a recommendation to the department and to the parties to the
24negotiation regarding the provision of an alternate source of water to the requesting
25municipality or the connection to a public water supply or another private water
1supply and the contribution of funds by the municipalities and any responsible
2parties.
AB419,14,7
3(8) Costs. The municipalities and any responsible parties that participate in
4negotiations shall pay for the costs of the mediator, whether or not an agreement
5among the parties is reached under sub. (6) or the parties accept the recommendation
6of the mediator under sub. (7). The mediator shall determine an equitable manner
7of paying for the costs of the mediator, which is binding.
AB419,14,10
8(9) Technical assistance. The department shall provide technical assistance
9to a mediator at the request of the mediator. The department may limit the amount
10of staff time allocated to each negotiation.
AB419,19
11Section 19
. 285.27 (2) (bm) of the statutes is created to read:
AB419,14,1912
285.27
(2) (bm)
Standards for PFAS. The department shall promulgate
13emission standards for any perfluoroalkyl or polyfluoroalkyl substance for which the
14department of health services has recommended a groundwater enforcement
15standard to provide adequate protection for public health and welfare, taking into
16account energy, economic, and environmental impacts and other costs related to the
17emission source. The department shall begin promulgating standards under this
18paragraph within 12 months of receiving a recommended groundwater enforcement
19standard from the department of health services.
AB419,20
20Section 20
. 292.31 (1) (d) (intro.) of the statutes is amended to read:
AB419,15,421
292.31
(1) (d)
Access to information. (intro.) Upon the request of any officer,
22employee
, or authorized representative of the department, any person who
23generated, transported, treated, stored
, or disposed of solid or hazardous waste
24which that may have been disposed of at a site or facility under investigation by the
25department
and any person who generated solid or hazardous waste at a site or
1facility under investigation by the department that was transported to, treated at,
2stored at, or disposed of at another site, facility, or location shall provide the officer,
3employee
, or authorized representative access to any records or documents in that
4person's custody, possession
, or control which relate to:
AB419,21
5Section 21
. 292.31 (1) (d) 1m. of the statutes is created to read:
AB419,15,86
292.31
(1) (d) 1m. The type and quantity of waste generated at the site or
7facility that was transported to, treated at, stored at, or disposed of at another site,
8facility, or location, and the dates and locations of these activities.
AB419,22
9Section 22
. 292.31 (11) of the statutes is created to read:
AB419,15,1510
292.31
(11) Residual contaminant levels for PFAS. The department shall
11require responsible parties to establish residual contaminant levels for the cleanup
12of contaminated soil and sediment, as required under rules promulgated by the
13department, as a result of a discharge of any perfluoroalkyl or polyfluoroalkyl
14substance for which the department receives a recommended groundwater
15enforcement standard from the department of health services.
AB419,23
16Section 23
. 292.66 of the statutes is created to read:
AB419,15,17
17292.66 PFAS municipal grant program. (1) Definitions. In this section: