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LRBa0809/1
MCP:all
2023 - 2024 LEGISLATURE
SENATE AMENDMENT 2,
TO SENATE SUBSTITUTE AMENDMENT 2,
TO SENATE BILL 312
November 14, 2023 - Offered by Senators Pfaff, Wirch, Hesselbein, Agard,
Carpenter, L. Johnson, Larson, Smith, Spreitzer and Taylor.
SB312-SSA2-SA2,1,11 At the locations indicated, amend the substitute amendment as follows:
SB312-SSA2-SA2,1,3 21. Page 7, line 1: delete the material beginning with that line and ending with
3page 24, line 2, and substitute:
SB312-SSA2-SA2,1,4 4 Section 1. 66.0811 (4) of the statutes is created to read:
SB312-SSA2-SA2,1,125 66.0811 (4) Notwithstanding subs. (2) and (3) and s. 66.0901 (11), a municipal
6public utility or a metropolitan sewerage district created under ch. 200 may use
7funds derived from its water or sewerage services for up to one-half the cost of
8pretreatment or other perfluoroalkyl and polyfluoroalkyl substances source
9reduction measures for an interconnected customer or other regular customer if the
10costs incurred are less than the costs of the upgrades otherwise required at the
11endpoint treatment facility and if the costs are approved by the governing body of the
12municipality or the metropolitan sewerage district.
SB312-SSA2-SA2,2
1Section 2. 196.49 (7) of the statutes is created to read:
SB312-SSA2-SA2,2,62 196.49 (7) With respect to a water public utility or a combined water and sewer
3public utility, the commission may not investigate, impose a penalty against, or bring
4an action to enjoin the public utility for failing to obtain a certificate of authority
5before commencing a project for which one is required under this section if all of the
6following apply:
SB312-SSA2-SA2,2,117 (a) The public utility undertook the project in response to a public health
8concern caused by PFAS, as defined in s. 292.315 (1), the presence of which was
9unknown to the public utility until shortly before it commenced the project, and the
10public utility provides evidence showing that the utility has exceeded or is likely to
11exceed the applicable promulgated state or federal standard for that type of PFAS.
SB312-SSA2-SA2,2,1412 (b) The public utility promptly notifies the commission of the work and, within
1330 days after commencing the work, submits the appropriate application and
14supporting documentation to the commission.
SB312-SSA2-SA2,2,1515 (c) The total cost of the project is not greater than $2,000,000.
SB312-SSA2-SA2,3 16Section 3. 281.58 (8e) of the statutes is renumbered 281.58 (8e) (am).
SB312-SSA2-SA2,4 17Section 4. 281.58 (8e) (bm) of the statutes is created to read:
SB312-SSA2-SA2,2,2518 281.58 (8e) (bm) If the department, when ranking projects under this
19subsection or determining an applicant's eligibility for assistance under this section,
20considers whether an applicant that intends to extend service outside the boundaries
21of a municipality because of water contamination is small or disadvantaged, the
22department shall, to the extent allowable under federal law, determine the applicant
23to be small or disadvantaged if the area receiving the extended service would
24normally be determined to be small or disadvantaged, regardless of whether the
25existing service area would normally be determined to be small or disadvantaged.
SB312-SSA2-SA2,5
1Section 5. 281.61 (6) of the statutes is amended to read:
SB312-SSA2-SA2,3,202 281.61 (6) Priority list. The department shall establish a priority list that
3ranks each safe drinking water loan program project. The department shall
4promulgate rules for determining project rankings that, to the extent possible, give
5priority to projects that address the most serious risks to human health, that are
6necessary to ensure compliance with the Safe Drinking Water Act, 42 USC 300f to
7300j-26, and that assist applicants that are most in need on a per household basis,
8according to affordability criteria specified in the rules. For the purpose of ranking
9projects under this subsection, the department shall treat a project to upgrade a
10public water system to provide continuous disinfection of the water that it distributes
11as if the public water system were a surface water system that federal law requires
12to provide continuous disinfection. If the department, when ranking projects under
13this subsection or determining an applicant's eligibility for assistance under this
14section, considers whether an applicant that intends to extend service outside the
15boundaries of a local governmental unit because of water contamination is small or
16disadvantaged, the department shall, to the extent allowable under federal law,
17determine the applicant to be small or disadvantaged if the area receiving the
18extended service would normally be determined to be small or disadvantaged,
19regardless of whether the existing service area would normally be determined to be
20small or disadvantaged.
SB312-SSA2-SA2,6 21Section 6. 281.75 (5m) of the statutes is created to read:
SB312-SSA2-SA2,4,422 281.75 (5m) Referral to the innocent landowner grant program. If the
23department determines that a claimant that submits a claim under this section on
24the basis of contamination by perfluoroalkyl or polyfluoroalkyl substances would be
25eligible for a grant under the innocent landowner grant program under s. 292.34, and

1moneys are available under s. 292.34, the department shall refer the claim to the
2program under s. 292.34 instead of reviewing the claim under this section. If the
3claimant's claim is denied under s. 292.34, the department shall refer the claim back
4to the program under this section.
SB312-SSA2-SA2,7 5Section 7. 281.75 (7) (c) 2. a. of the statutes is amended to read:
SB312-SSA2-SA2,4,76 281.75 (7) (c) 2. a. Equipment used for treating the water, including a filtration
7device and up to 2 replacement filters
;
SB312-SSA2-SA2,8 8Section 8. 292.315 of the statutes is created to read:
SB312-SSA2-SA2,4,10 9292.315 Municipal PFAS grant program. (1) Definition. In this section,
10“PFAS” means any perfluoroalkyl or polyfluoroalkyl substance.
SB312-SSA2-SA2,4,14 11(1m) Applicability. This section applies only to PFAS for which there is a state
12or federal standard, a public health recommendation from the department of health
13services under s. 160.07, or a health advisory issued by the federal environmental
14protection agency.
SB312-SSA2-SA2,4,15 15(2) Grants. The department shall provide all of the following grants:
SB312-SSA2-SA2,5,216 (a) Grants to municipalities to test for PFAS levels at municipal water systems
17and municipal wastewater treatment facilities, or to reimburse municipalities for
18PFAS testing performed at properties owned, leased, managed, or contracted for by
19those municipalities after applicable standards for the chemical being tested have
20been promulgated. The department shall base the amount of grant awards under
21this paragraph on the cost of testing and the amount of testing needed in each
22community, while ensuring that funding is available to every eligible applicant that
23submits a claim under this paragraph. The department may not require a
24municipality that submits a claim for a grant under this paragraph to provide
25information other than the basic information necessary to process the claim and may

1not require the recipient of a grant under this paragraph to provide any matching
2funds.
SB312-SSA2-SA2,5,103 (b) Grants, provided in equal shares not to exceed $1,800, to entities that are
4not municipalities and that are regulated as public or community water systems for
5the entity to test its drinking water supply for PFAS if required to do so by the
6department, or for reimbursement to the entity for PFAS testing performed after
7applicable standards for the chemical being tested have been promulgated. An entity
8that is not a municipality may apply to the department one time for a grant under
9this paragraph, by a deadline set by the department. The department may not
10require the recipient of a grant under this paragraph to provide any matching funds.
SB312-SSA2-SA2,5,1611 (c) Grants, provided in equal shares not to exceed $15,000, to the owner or
12manager of, or the holder of a solid waste facility license issued by the department
13for, privately owned solid waste disposal facilities to test for the presence of PFAS in
14leachate. An entity may apply to the department one time for a grant under this
15paragraph, by a deadline set by the department. The department may not require
16the recipient of a grant under this paragraph to provide any matching funds.
SB312-SSA2-SA2,6,817 (d) Grants to municipalities to test for PFAS levels at locations that are owned,
18leased, managed, or contracted for by a municipality and where PFAS may be
19present, including airports, water systems, wastewater treatment facilities, or
20contaminated lands, and to test for PFAS levels in leachate at solid waste disposal
21facilities that are owned, leased, managed, or contracted for by a municipality. If the
22property is not owned by the municipality, the department may not issue a grant
23under this paragraph unless the property owner has given the municipality written
24consent for the municipality to enter the property and conduct testing or the ability
25to enter the property and conduct testing is permitted under an existing agreement

1between the property owner and the municipality. The department may not provide
2a grant under this paragraph to test for PFAS in a water system or wastewater
3treatment facility if the applicant has received a grant under par. (a), unless the
4applicant demonstrates that it has used all of the grant funds provided to it under
5par. (a). The department shall accept applications for grants and provide grants
6under this paragraph on a rolling basis. The department may not require the
7recipient of a grant under this paragraph to provide matching funds in an amount
8greater than 20 percent of the amount of the grant.
SB312-SSA2-SA2,6,179 (e) Grants to municipalities and the owner or manager of, or the holder of a solid
10waste facility license issued by the department for, privately owned solid waste
11disposal facilities to dispose of PFAS-containing biosolids or leachate at facilities
12that accept such biosolids or leachate or to purchase and install on-site treatment
13systems to address PFAS contained in biosolids or leachate. Grant moneys received
14under this paragraph may not be used for any cost associated with landspreading.
15The department may not require the recipient of a grant under this paragraph to
16provide matching funds in an amount greater than 20 percent of the amount of the
17grant.
SB312-SSA2-SA2,7,518 (f) Grants for capital costs or debt service, including for facility upgrades or new
19infrastructure, to municipalities that are small or disadvantaged or in which rates
20for water or wastewater utilities will increase by more than 20 percent as a direct
21result of steps taken to address PFAS contamination. A grant provided under this
22paragraph may not exceed 50 percent of the municipality's capital or debt service
23costs, and no municipality may receive grants under this paragraph that total more
24than 20 percent of the funding available for grants under this paragraph. The
25department shall give priority under this paragraph to projects that are necessary

1to address an exceedance of an applicable promulgated state or federal standard.
2The department shall accept applications for grants and provide grants under this
3paragraph on a rolling basis. A municipality may submit an application for a grant
4under this program at the same time as submitting an application for financial
5assistance under s. 281.58 or 281.61.
SB312-SSA2-SA2,7,236 (g) Grants to municipalities for capital costs or other costs related to PFAS that
7are not otherwise paid from the environmental improvement fund, including costs
8for addressing solid waste disposal facilities or other contaminated lands owned,
9leased, managed, or contracted for by the municipality and costs incurred by fire
10departments, including to replace PFAS-containing fire fighting foam; grants to
11municipalities for the preparation and implementation of pollutant minimization
12plans; and grants to municipalities for costs incurred by municipal public utilities or
13metropolitan sewerage districts created under ch. 200 for pretreatment or other
14PFAS source reduction measures for an interconnected customer or other regular
15customer if the costs incurred are less than the costs of the upgrades otherwise
16required at the endpoint treatment facility and if the costs are approved by the
17governing body of the municipality or the metropolitan sewerage district. No
18municipality may receive grants under this paragraph that total more than 20
19percent of the funding available for grants under this paragraph. The department
20may not require the recipient of a grant under this paragraph to provide matching
21funds in an amount greater than 20 percent of the amount of the grant. The
22department shall accept applications for grants and provide grants under this
23paragraph on a rolling basis.
SB312-SSA2-SA2,8,3 24(3) Limitations. (a) The department may not require the recipient of a grant
25under sub. (2) to take action to address PFAS contamination unless testing

1demonstrates that PFAS levels exceed any applicable promulgated standard under
2state or federal law or unless another applicable state or federal law allows the
3department to require a grant recipient to take such action.
SB312-SSA2-SA2,8,74 (b) The department may not publicly disclose the results of any PFAS testing
5conducted under this section unless the department notifies the grant recipient at
6least 72 hours before publicly disclosing any test result. This paragraph does not
7apply to any testing required or conducted under ch. 281 or 283.
SB312-SSA2-SA2,9 8Section 9. 292.32 of the statutes is created to read:
SB312-SSA2-SA2,8,10 9292.32 Limitations on department actions relating to PFAS. (1)
10Definitions. In this section:
SB312-SSA2-SA2,8,1211 (a) “Construction project” means a building project that will affect one or more
12parcels.
SB312-SSA2-SA2,8,1313 (b) “PFAS” has the meaning given in s. 292.315 (1).
SB312-SSA2-SA2,8,1914 (c) “Public works” means the physical structures and facilities developed or
15acquired by a local unit of government or a federally recognized American Indian
16tribe or band in this state to provide services and functions for the benefit and use
17of the public, including water, sewerage, waste disposal, utilities, and
18transportation, and privately owned solid waste disposal facilities that accept
19residential waste.
SB312-SSA2-SA2,9,3 20(2) Probable cause required for testing. Notwithstanding any conflicting
21provisions of this chapter, the department may not require the owner of a property
22to conduct testing under this chapter for the presence of PFAS without probable
23cause that the property had or currently has an amount of PFAS that is likely to pose
24a substantial present or potential hazard to human health or the environment. For
25purposes of this subsection, property does not include a property used for industrial

1purposes, including manufacturing. For purposes of this subsection, a basis for
2probable cause includes the reporting of a PFAS spill under this chapter or under
3section 304 of the federal Emergency Planning and Community Right-to-Know Act.
SB312-SSA2-SA2,9,7 4(3) Construction projects. Notwithstanding any conflicting provisions of this
5chapter, the department may not prevent, delay, or otherwise impede any
6construction project or project of public works on the basis of a presence of PFAS
7contamination unless the department determines any of the following:
SB312-SSA2-SA2,9,88 (a) The project poses a substantial risk to public health or welfare.
SB312-SSA2-SA2,9,109 (b) There is a substantial risk that the project will create worsening
10environmental conditions.
SB312-SSA2-SA2,9,1211 (c) The entity proposing to complete the project is, as a result of reckless or
12intentional conduct, responsible for the original contamination.
SB312-SSA2-SA2,9,1413 (d) The department is specifically required under the federal Clean Water Act
14to prevent, delay, or otherwise impede the project.
SB312-SSA2-SA2,9,17 15(4) PFAS testing and enforcement on nonstate lands. If department staff or
16a 3rd-party entity contracted by the department seeks to conduct voluntary testing
17under this chapter for PFAS, all of the following shall apply:
SB312-SSA2-SA2,9,2318 (a) If the department, or an entity contracted by the department, seeks to
19collect voluntary samples from lands not owned by the state based on permission
20from the landowner, such permission shall be in writing, and the department shall
21notify the landowner that such permission includes the authority to collect samples,
22to test those samples, and to publicly disclose the results of that testing. A landowner
23may revoke such permission at any time prior to the collection of samples.
SB312-SSA2-SA2,9,2524 (b) The department may not publicly disclose the results of any PFAS testing
25conducted on samples taken from lands not owned by the state unless the

1department notifies the landowner of the test results at least 72 hours before publicly
2disclosing the test results.
SB312-SSA2-SA2,10,9 3(5) PFAS testing requests. The department shall, in a timely manner, respond
4to requests from any person to conduct PFAS testing on samples taken from the
5person's property if practicable and if funds are available to do so, if there is a
6reasonable belief that PFAS contamination may be present on the property, and if
7existing information such as public water supply testing data is not available. The
8department may contract with a 3rd party to respond to requests for testing under
9this subsection.
SB312-SSA2-SA2,10 10Section 10. 292.34 of the statutes is created to read:
SB312-SSA2-SA2,10,12 11292.34 Innocent landowner grant program. (1) In this section, “PFAS”
12has the meaning given in s. 292.315 (1).
SB312-SSA2-SA2,10,16 13(1m) This section applies only to PFAS for which there is a state or federal
14standard, a public health recommendation from the department of health services
15under s. 160.07, or a health advisory issued by the federal environmental protection
16agency.
SB312-SSA2-SA2,10,23 17(2) The department shall administer a program under which the department
18may provide a grant to an eligible person who owns, leases, manages, contracts for,
19or holds a department-issued solid waste facility license for property that is
20contaminated by PFAS; or to a person who is applying on behalf of multiple eligible
21persons that are located in the same geographic region and that will be conducting
22similar activities under sub. (4), if the applicant will be the entity conducting the
23activities under sub. (4).
SB312-SSA2-SA2,10,24 24(3) All of the following are persons eligible for a grant under this section:
SB312-SSA2-SA2,11,2
1(a) A person that spread biosolids or wastewater residuals contaminated by
2PFAS in compliance with any applicable license or permit.
SB312-SSA2-SA2,11,53 (b) A person that owns land upon which biosolids or wastewater residuals
4contaminated by PFAS were spread in compliance with any applicable license or
5permit.
SB312-SSA2-SA2,11,86 (c) A fire department or municipality that responded to emergencies that
7required the use of PFAS or that conducted training for such emergencies in
8compliance with applicable federal regulations.
SB312-SSA2-SA2,11,99 (d) A solid waste disposal facility that accepted PFAS.
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