Amendment SA5-SSA2-SB70

SB70-SSA2-SA5,59,3 11. Other costs identified by the department as reasonable and necessary for proper investigation, analysis of remedial action options, remedial action planning, and remedial action to meet the requirements of s. 292.11.

SB70-SSA2-SA5,59,5 (c) The department may not award aid under this section to cover any of the following costs:

SB70-SSA2-SA5,59,7 1. The cost of activities conducted prior to the award of aid under this section, except for activities conducted at a site or facility under sub. (4) (a).

SB70-SSA2-SA5,59,9 2. The cost of activities that the department determines are not integral to the investigation and remediation of a discharge or environmental pollution.

SB70-SSA2-SA5,59,10 3. Legal fees.

SB70-SSA2-SA5,59,11 4. The cost of investigations or remedial action conducted outside this state.

SB70-SSA2-SA5,59,12 5. Costs for financing eligible activities.

SB70-SSA2-SA5,59,16 (7) Application for aid. Eligible applicants shall submit an application on a form prescribed by the department and shall include any information the department finds necessary to evaluate the eligibility of the project and amount of aid to be awarded.

SB70-SSA2-SA5,59,22 (8) Rules; records. The department shall promulgate rules to administer the program under this section, including rules prescribing the criteria for determining the amount of aid to be awarded, the records that must be maintained by an applicant, and the periods for which those records must be retained. The department may inspect any document in the possession of an applicant or any other person if the document is relevant to an application for aid under this section.

SB70-SSA2-SA5,9232 Section 9232. Fiscal changes; Natural Resources.

SB70-SSA2-SA5,60,3 (1) Dry cleaner environmental response fund transfer. The unencumbered balance in the dry cleaner environmental response fund under s. 25.48, 2021 stats., is transferred to the environmental fund under s. 25.46.”.

SB70-SSA2-SA5,60,4 110. Page 374, line 11: after that line insert:

SB70-SSA2-SA5,60,5 “ Section 102. 281.34 (3) (a) of the statutes is amended to read:

SB70-SSA2-SA5,60,8 281.34 (3) (a) An owner shall notify the department of the location of a well that is not a high capacity well before construction of the well begins. An owner notifying the department under this subsection shall pay a fee of $50 $70.”.

SB70-SSA2-SA5,60,9 111. Page 374, line 11: after that line insert:

SB70-SSA2-SA5,60,10 “ Section 103. 281.34 (5e) of the statutes is created to read:

SB70-SSA2-SA5,60,13 281.34 (5e) Well construction variances. The department shall collect a fee of $100 from an owner requesting a variance from the requirements of well construction rules promulgated by the department.”.

SB70-SSA2-SA5,60,14 112. Page 374, line 11: after that line insert:

SB70-SSA2-SA5,60,15 “ Section 104. 20.370 (4) (aj) of the statutes is amended to read:

SB70-SSA2-SA5,60,22 20.370 (4) (aj) Water resources— ballast water discharge permits commercial vessel arrival fees. From the general fund, all moneys received from fees collected under s. 283.35 (1m) to administer and enforce the ballast water discharge permit program under s. 283.35 (1m) and for grants under 2009 Wisconsin Act 28, section 9137 (3w) s. 299.65 for management, administration, inspection, monitoring, and enforcement activities relating to incidental discharges, including ballast water discharges.

SB70-SSA2-SA5,105 Section 105. 283.35 (1m) of the statutes is repealed.

SB70-SSA2-SA5,106 Section 106. 299.65 of the statutes is created to read:

SB70-SSA2-SA5,61,6 299.65 Commercial vessels subject to federal Vessel Incidental Discharge Act. (1) (a) Subject to pars. (b) and (c), the owner or operator of any commercial vessel subject to the requirements of the federal Vessel Incidental Discharge Act under 33 USC 1322 (p) that has operated outside this state shall pay to the department, no later than 5 days prior to arriving in a port of this state, $650 per arrival to a port of this state.

SB70-SSA2-SA5,61,9 (b) The owner or operator of a commercial vessel engaged in coastwise trade that is subject to the requirements of 46 USC 55101 to 55103 may not be required to pay more than $3,250 in fees per calendar year under this subsection.

SB70-SSA2-SA5,61,13 (c) The owner or operator of a commercial vessel that is subject to the requirements of the federal Vessel Incidental Discharge Act under 33 USC 1322 (p) may not be required to pay more than $3,250 in fees per calendar year under this subsection.

SB70-SSA2-SA5,61,18 (2) The department may adjust the amount of the fee under sub. (1) (a) once every 5 years to account for any changes in the U.S. consumer price index for all urban consumers, U.S. city average, as determined by the U.S. department of labor for the month of October immediately preceding the date of adjustment, as provided under 33 USC 1322 (p) (9) (A) (iv) (III) (aa).

SB70-SSA2-SA5,61,20 (3) The department shall credit all fees collected under sub. (1) (a) to the appropriation account under s. 20.370 (4) (aj).

SB70-SSA2-SA5,107 Section 107. 299.66 of the statutes is renumbered 299.66 (1).

SB70-SSA2-SA5,108 Section 108. 299.66 (2) of the statutes is created to read:

SB70-SSA2-SA5,62,2 299.66 (2) (a) The department may enter into a memorandum of agreement with the U.S. Coast Guard concerning implementation and enforcement of the provisions of 33 USC 1322 and any regulations promulgated by the secretary of the U.S. department of homeland security under 33 USC 1322 (p) (5).

SB70-SSA2-SA5,62,7 (b) If the department enters into a memorandum of agreement with the U.S. Coast Guard under par. (a), an employee or agent of the department may board and inspect any vessel that is subject to s. 299.65 to determine the state of compliance with the federal Vessel Incidental Discharge Act under 33 USC 1322 (p) and any regulations promulgated thereunder.

SB70-SSA2-SA5,9132 Section 9132. Nonstatutory provisions; Natural Resources.

SB70-SSA2-SA5,62,14 (1) Notification of U.S. Coast Guard rules for vessel discharge. When the department of natural resources determines that the secretary of the U.S. department of homeland security has promulgated final, effective, and enforceable rules under 33 USC 1322 (p) (5), the department shall notify the legislative reference bureau. The legislative reference bureau shall publish a notice in the Wisconsin Administrative Register that specifies that date.

SB70-SSA2-SA5,9432 Section 9432. Effective dates; Natural Resources.

SB70-SSA2-SA5,62,20 (1) Commercial vessels subject to federal Vessel Incidental Discharge Act. The treatment of ss. 20.370 (4) (aj), 283.35 (1m), and 299.65, the renumbering of s. 299.66, and the creation of s. 299.66 (2) take effect on the date specified in the notice published in the Wisconsin Administrative Register under Section 9132 (1) of this act.”.

SB70-SSA2-SA5,62,21 113. Page 374, line 11: after that line insert:

SB70-SSA2-SA5,62,22 “ Section 109. 283.90 of the statutes is created to read:

SB70-SSA2-SA5,63,13 283.90 Notification of violations. Whenever, on the basis of any information available to it, the department finds that a permit holder has violated any limitation in a permit that is based on a groundwater protection standard under ch. 160, the department shall notify the county health department and county land and conservation department in the county in which the permit holder is located and the county health department and county land and conservation department in any adjacent county that the department determines may be negatively affected as a result of the violation. The department shall provide this notice within 7 business days after confirming that a violation has occurred. The department shall create and maintain a notification system for notifying county health departments, county land and conservation departments, and interested parties of the violations described in this section. The department may establish, by rule, procedures for providing notice under this section. The notification system under this section shall ensure that county health departments and county land and conservation departments are notified at least 24 hours prior to notifying any other interested parties.

SB70-SSA2-SA5,9132 Section 9132. Nonstatutory provisions; Natural Resources.

SB70-SSA2-SA5,64,2 (1) Emergency rules for notification of water permit violations. The department of natural resources may use the procedure under s. 227.24, to promulgate rules under s. 283.90. Notwithstanding s. 227.24 (1) (c) and (2), emergency rules promulgated under this subsection remain in effect until July 1, 2025, or the date on which permanent rules take effect, whichever is sooner. Notwithstanding s. 227.24 (1) (a) and (3), the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection. Notwithstanding s. 227.24 (1) (e) 1d. and 1g., the department is not required to prepare a statement of scope of the rules promulgated under this subsection and is not required to present the rules promulgated under this subsection to the governor for approval.

SB70-SSA2-SA5,9432 Section 9432. Effective dates; Natural Resources.

SB70-SSA2-SA5,64,5 (1) Notification of water permit violations. The treatment of s. 283.90 takes effect on the first day of the 7th month beginning after publication.”.

SB70-SSA2-SA5,64,6 114. Page 374, line 11: after that line insert:

SB70-SSA2-SA5,64,7 “ Section 110. 283.31 (8) of the statutes is amended to read:

SB70-SSA2-SA5,64,15 283.31 (8) The holder of a permit under this section for a concentrated animal feeding operation shall annually pay to the department a fee of $345 $545, which shall be credited to the appropriation account under s. 20.370 (9) (ag). The department shall annually submit a report to the joint committee on finance and, under s. 13.172 (3), to the standing committees of the legislature with jurisdiction over agricultural and environmental matters describing the use of the moneys credited to the appropriation account under s. 20.370 (9) (ag) under this subsection and the use of the moneys appropriated under s. 20.370 (9) (ap).”.

SB70-SSA2-SA5,64,16 115. Page 374, line 11: after that line insert:

SB70-SSA2-SA5,64,17 “ Section 111. 20.370 (9) (bj) of the statutes is amended to read:

SB70-SSA2-SA5,64,23 20.370 (9) (bj) Storm water management — fees. From the general fund, the amounts in the schedule all moneys received under s. 283.33 (9) and under 2009 Wisconsin Act 28, section 9110 (11f), for the administration, including enforcement, of the storm water discharge permit program under s. 283.33. All moneys received under s. 283.33 (9) and under 2009 Wisconsin Act 28, section 9110 (11f) shall be credited to this appropriation account.”.

SB70-SSA2-SA5,64,24 116. Page 374, line 11: after that line insert:

SB70-SSA2-SA5,65,1 “ Section 112. 20.115 (7) (tm) of the statutes is amended to read:

SB70-SSA2-SA5,65,5 20.115 (7) (tm) Farmland preservation planning grants, working lands fund. From the working lands fund, the amounts in the schedule for farmland preservation planning grants under s. 91.10 (6) and for farmland preservation implementation grants under s. 91.10 (7).

SB70-SSA2-SA5,113 Section 113. 91.10 (title) of the statutes is amended to read:

SB70-SSA2-SA5,65,8 91.10 (title) County plan required; planning and implementation grants.

SB70-SSA2-SA5,114 Section 114. 91.10 (7) of the statutes is created to read:

SB70-SSA2-SA5,65,12 91.10 (7) (a) From the appropriation under s. 20.115 (7) (tm), the department may award implementation grants to counties for implementing a county's certified farmland preservation plan.

SB70-SSA2-SA5,65,16 (b) The department shall enter into a contract with a county to which it awards a planning grant under par. (a) before the department distributes any grant funds to the county. In the contract, the department shall identify the costs that are eligible for reimbursement through the grant.

SB70-SSA2-SA5,65,19 (c) The department may distribute grant funds under this subsection only after the county shows that it has incurred costs that are eligible for reimbursement under par. (b).”.

SB70-SSA2-SA5,65,20 117. Page 374, line 11: after that line insert:

SB70-SSA2-SA5,65,22 “ Section 115. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table - See PDF for table

SB70-SSA2-SA5,116 Section 116. 20.370 (6) (ed) of the statutes is created to read:

SB70-SSA2-SA5,66,4 20.370 (6) (ed) Environmental aids — PFAS municipal grant program — general fund. As a continuing appropriation, the amounts in the schedule for the municipal grant program under s. 292.67.

SB70-SSA2-SA5,117 Section 117. 20.370 (6) (es) of the statutes is created to read:

SB70-SSA2-SA5,66,8 20.370 (6) (es) Environmental aids — PFAS municipal grant program — environmental fund. As a continuing appropriation, from the environmental fund, the amounts in the schedule for the municipal grant program under s. 292.67.

SB70-SSA2-SA5,118 Section 118. 292.67 of the statutes is created to read:

SB70-SSA2-SA5,66,10 292.67 PFAS municipal grant program. (1) Definitions. In this section:

SB70-SSA2-SA5,66,11 (a) “Class B fire fighting foam” has the meaning given in s. 299.48 (1) (a).

SB70-SSA2-SA5,66,13 (b) “Municipality” means a city, village, town, county, tribal governing body, utility district, lake protection district, sewerage district, or municipal airport.

SB70-SSA2-SA5,66,14 (c) “PFAS” means a perfluoroalkyl or polyfluoroalkyl substance.

SB70-SSA2-SA5,67,4 (2) Financial assistance. The department shall administer a program to provide grants from the appropriations under s. 20.370 (6) (ed) and (es) to municipalities that meet the requirements under sub. (3) for the purpose of conducting any of the eligible activities under sub. (4).

SB70-SSA2-SA5,67,6 (3) Eligibility prerequisites. A grant may be awarded under sub. (2) only if one of the following has occurred:

SB70-SSA2-SA5,67,10 (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 area controlled by the municipality.

SB70-SSA2-SA5,67,12 (b) The municipality applied biosolids to land under a permit issued by DNR under s. 283.31.

SB70-SSA2-SA5,67,16 (c) PFAS are impacting the municipality's drinking water supply or surface water or groundwater within the area controlled by the municipality and the responsible party is unknown or is unwilling or unable to take the necessary response actions.

SB70-SSA2-SA5,67,18 (4) Eligible activities. The department may award a grant under sub. (2) for any of the following activities:

SB70-SSA2-SA5,67,20 (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.

SB70-SSA2-SA5,67,22 (b) Treating or disposing of PFAS-containing fire fighting foam containers from a municipal site or facility.

SB70-SSA2-SA5,67,24 (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.

SB70-SSA2-SA5,68,2 (d) Providing a temporary emergency water supply, a water treatment system, or bulk water to replace water contaminated with PFAS.

SB70-SSA2-SA5,68,4 (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.

SB70-SSA2-SA5,68,9 (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.

SB70-SSA2-SA5,68,13 (g) Sampling and testing water for PFAS contamination in a public, private, or tribal elementary or secondary school, a child care center that is licensed under s. 48.65, a child care program that is established or contracted for under s. 120.13 (14), or a child care provider that is certified under s. 48.651.

SB70-SSA2-SA5,68,17 (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.

SB70-SSA2-SA5,68,19 (6) Evaluation criteria. The department, in awarding grants under this section, shall consider all of the following criteria:

SB70-SSA2-SA5,68,22 (a) The municipality's demonstrated commitment to performing and completing eligible activities, including the municipality's financial commitment and ability to successfully administer grants.

SB70-SSA2-SA5,68,24 (b) The degree to which the project will have a positive impact on public health and the environment.

SB70-SSA2-SA5,69,2 (c) Other criteria that the department finds necessary to prioritize the funds available for awarding grants.

SB70-SSA2-SA5,69,6 (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.

SB70-SSA2-SA5,9132 Section 9132. Nonstatutory provisions; Natural Resources

SB70-SSA2-SA5,69,17 (1) Emergency rules for PFAS municipal grant program. The department of natural resources may use the procedure under s. 227.24 to promulgate emergency rules relating to the municipal grant program under s. 292.67. Notwithstanding s. 227.24 (1) (a) and (3), the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection. Notwithstanding s. 227.24 (1) (e) 1d. and 1g., for emergency rules promulgated under this subsection, the department is not required to prepare a statement of scope of the rules or to submit the proposed rules in final draft form to the governor for approval.”.