This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
SB70-SSA2-SA5,9432 16Section 9432. Effective dates; Natural Resources.
SB70-SSA2-SA5,45,1817 (1) Interim maximum contaminant levels for PFAS. The treatment of s. 281.17
18(8) (c) takes effect on the first day of the 7th month beginning after publication.”.
SB70-SSA2-SA5,45,19 19102. Page 374, line 11: after that line insert:
SB70-SSA2-SA5,45,20 20 Section 9132. Nonstatutory provisions; Natural Resources.
SB70-SSA2-SA5,45,2121 (1) Testing laboratories; emergency rules.
SB70-SSA2-SA5,46,822 (a) The department of natural resources shall promulgate emergency rules
23under s. 227.24 establishing criteria for certifying laboratories to test for any
24perfluoroalkyl or polyfluoroalkyl substances, including the standards and methods

1for such testing, and shall certify laboratories that meet these criteria.
2Notwithstanding s. 227.24 (1) (c) and (2), emergency rules promulgated under this
3subsection remain in effect until July 1, 2024, or the date on which permanent rules
4take effect, whichever is sooner. Notwithstanding s. 227.24 (1) (a) and (3), the
5department of natural resources is not required to provide evidence that
6promulgating a rule under this subsection as an emergency rule is necessary for the
7preservation of public peace, health, safety, or welfare and is not required to provide
8a finding of emergency for a rule promulgated under this subsection.
SB70-SSA2-SA5,46,119 (b) Before emergency rules are promulgated under par. (a), the department of
10natural resources may require testing for a perfluoroalkyl or polyfluoroalkyl
11substance to be done according to any nationally recognized procedures.”.
SB70-SSA2-SA5,46,12 12103. Page 374, line 11: after that line insert:
SB70-SSA2-SA5,46,13 13 Section 69. 20.115 (7) (tm) of the statutes is amended to read:
SB70-SSA2-SA5,46,1714 20.115 (7) (tm) Farmland preservation planning grants, working lands fund.
15From the working lands fund, the amounts in the schedule for farmland preservation
16planning grants under s. 91.10 (6) and for farmland preservation implementation
17grants under s. 91.10 (7)
.
SB70-SSA2-SA5,70 18Section 70. 91.10 (title) of the statutes is amended to read:
SB70-SSA2-SA5,46,20 1991.10 (title) County plan required; planning and implementation
20grants.
SB70-SSA2-SA5,71 21Section 71. 91.10 (7) of the statutes is created to read:
SB70-SSA2-SA5,46,2422 91.10 (7) (a) From the appropriation under s. 20.115 (7) (tm), the department
23may award implementation grants to counties for implementing a county's certified
24farmland preservation plan.
SB70-SSA2-SA5,47,4
1(b) The department shall enter into a contract with a county to which it awards
2a planning grant under par. (a) before the department distributes any grant funds
3to the county. In the contract, the department shall identify the costs that are eligible
4for reimbursement through the grant.
SB70-SSA2-SA5,47,75 (c) The department may distribute grant funds under this subsection only after
6the county shows that it has incurred costs that are eligible for reimbursement under
7par. (b).”.
SB70-SSA2-SA5,47,8 8104. Page 374, line 11: after that line insert:
SB70-SSA2-SA5,47,9 9 Section 72. 92.14 (3) (intro.) of the statutes is amended to read:
SB70-SSA2-SA5,47,1810 92.14 (3) Basic allocations to counties. (intro.) To help counties fund their
11land and water conservation activities, the department shall award an annual grant
12from the appropriation under s. 20.115 (7) (c), (qe), or (qf) or s. 20.866 (2) (we) to any
13county land conservation committee that has a land and water resource
14management plan approved by the department under s. 92.10 (4) (d), and that, by
15county board action, has resolved to provide any matching funds required under sub.
16(5g) unless the county is seeking a grant under sub. (3) (h). The county may use the
17grant for land and water resource management planning and for any of the following
18purposes, consistent with the approved land and water resource management plan:
SB70-SSA2-SA5,73 19Section 73. 92.14 (3) (a) 6. of the statutes is created to read:
SB70-SSA2-SA5,47,2020 92.14 (3) (a) 6. Long-range planning and erosion control mitigation.
SB70-SSA2-SA5,74 21Section 74. 92.14 (3) (h) of the statutes is created to read:
SB70-SSA2-SA5,47,2422 92.14 (3) (h) A grant to a county that assists the county in meeting a matching
23funds requirement under sub. (5g) for a 2nd or 3rd staff person, as provided under
24sub. (6) (b).
SB70-SSA2-SA5,75
1Section 75. 92.14 (5g) (a) of the statutes is amended to read:
SB70-SSA2-SA5,48,72 92.14 (5g) (a) Except as provided in par. (b), if a grant under sub. (3) (a) to (g)
3provides funding for salary and fringe benefits for more than one county staff person,
4a county shall provide matching funds, as determined by the department by rule,
5equal to 30 percent of the cost of salary and fringe benefits for the 2nd staff person
6and 50 percent of the cost of salary and fringe benefits for any additional staff persons
7the 3rd staff person for whom the grant provides funding.
SB70-SSA2-SA5,76 8Section 76. 92.14 (6) (b) of the statutes is amended to read:
SB70-SSA2-SA5,48,209 92.14 (6) (b) The department and the department of natural resources shall
10prepare an annual grant allocation plan identifying the amounts to be provided to
11counties under this section and ss. 281.65 and 281.66. In the allocation plan, the
12departments shall attempt to provide funding under this section for an average of
133 staff persons per county with full funding for the first staff person, 70 percent
14funding for the 2nd staff person and 50 percent funding for any additional staff
15persons
the 3rd staff person and to provide an average of $100,000 per county for
16cost-sharing grants under sub. (3) (a) to (g). If after meeting these goals there are
17additional funds available, the departments may provide funding in the allocation
18plan to counties for a 4th or subsequent staff person with a matching requirement
19to be determined by the departments and for assistance under sub (3) (h)
. The
20department shall submit that plan to the board.”.
SB70-SSA2-SA5,48,21 21105. Page 374, line 11: after that line insert:
SB70-SSA2-SA5,48,23 22 Section 77. 20.005 (3) (schedule) of the statutes: at the appropriate place,
23insert the following amounts for the purposes indicated: - See PDF for table PDF - See PDF for table PDF - See PDF for table PDF
SB70-SSA2-SA5,78 1Section 78. 20.115 (7) (da) of the statutes is created to read:
SB70-SSA2-SA5,49,32 20.115 (7) (da) Biodigester operator certification grants. The amounts in the
3schedule for biodigester operator certification grants under s. 93.75.
SB70-SSA2-SA5,79 4Section 79. 20.115 (7) (u) of the statutes is created to read:
SB70-SSA2-SA5,49,75 20.115 (7) (u) Planning grants for regional biodigesters. From the
6environmental fund, the amounts in the schedule for providing planning grants for
7establishing regional biodigesters under s. 93.74.
SB70-SSA2-SA5,80 8Section 80. 93.75 of the statutes is created to read:
SB70-SSA2-SA5,49,11 993.75 Biodigester operator certification grants. (1) Grants. From the
10appropriation under s. 20.115 (7) (da), the department shall award grants to
11individuals seeking biodigester operator certification.
SB70-SSA2-SA5,49,13 12(2) Rules. The department may promulgate rules establishing the application
13process and grant-awarding criteria for the biodigester operator certification grants.
SB70-SSA2-SA5,81 14Section 81. 93.74 of the statutes is created to read:
SB70-SSA2-SA5,50,3
193.74 Planning grants for regional biodigesters. (1) Grant program.
2From the appropriation under s. 20.115 (7) (u), the department shall provide
3planning grants for establishing regional biodigesters.
SB70-SSA2-SA5,50,5 4(2) Rules. The department shall promulgate rules for the administration of
5this section.”.
SB70-SSA2-SA5,50,6 6106. Page 374, line 11: after that line insert:
SB70-SSA2-SA5,50,7 7 Section 82. 292.74 of the statutes is created to read:
SB70-SSA2-SA5,50,22 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 a perfluoroalkyl or polyfluoroalkyl
11substance to provide proof of financial responsibility for conducting emergency
12response actions, remedial actions, environmental repair, and long-term care to
13address contamination by a potential discharge of perfluoroalkyl or polyfluoroalkyl
14substances or environmental pollution that may be caused by a discharge of such
15substances. The department shall establish, by rule, the procedure for determining
16whether requiring a proof of financial responsibility is necessary to protect human
17health or the environment, and may establish requirements for types of financial
18responsibility, methods for calculating amounts of financial responsibility, access
19and default, bankruptcy notifications, and any other requirements the department
20determines are necessary under this section. The proof of financial responsibility
21required under this section shall be in addition to any other proof of financial
22responsibility or financial assurance required under this chapter.”.
SB70-SSA2-SA5,50,23 23107. Page 374, line 11: after that line insert:
SB70-SSA2-SA5,50,24 24 Section 83. 292.31 (1) (d) (intro.) of the statutes is amended to read:
SB70-SSA2-SA5,51,9
1292.31 (1) (d) Access to information. (intro.) Upon the request of any officer,
2employee, or authorized representative of the department, any person who
3generated, transported, treated, stored, or disposed of solid or hazardous waste
4which that may have been disposed of at a site or facility under investigation by the
5department and any person who generated solid or hazardous waste at a site or
6facility under investigation by the department that was transported to, treated at,
7stored at, or disposed of at another site, facility, or location
shall provide the officer,
8employee, or authorized representative access to any records or documents in that
9person's custody, possession, or control which relate to:
SB70-SSA2-SA5,84 10Section 84. 292.31 (1) (d) 1m. of the statutes is created to read:
SB70-SSA2-SA5,51,1311 292.31 (1) (d) 1m. The type and quantity of waste generated at the site or
12facility that was transported to, treated at, stored at, or disposed of at another site,
13facility, or location, and the dates and locations of these activities.”.
SB70-SSA2-SA5,51,14 14108. Page 374, line 11: after that line insert:
SB70-SSA2-SA5,51,15 15 Section 85. 299.44 of the statutes is created to read:
SB70-SSA2-SA5,51,16 16299.44 Sale and use of coal tar sealants. (1) Definitions. In this section:
SB70-SSA2-SA5,51,2017 (a) “Coal tar sealant product” means a surface-applied sealing product
18containing coal tar, coal tar pitch, coal tar pitch volatiles, or any variation assigned
19the Chemical Abstracts Service (CAS) number 65996-93-2, 65996-89-6, or
208007-45-2.
SB70-SSA2-SA5,51,2221 (b) “High PAH sealant product” means a surface-applied sealing product that
22contains more than 0.1 percent polycyclic aromatic hydrocarbons by weight.
SB70-SSA2-SA5,52,3
1(2) Prohibitions. (a) Beginning January 1, 2024, no person may sell or offer
2for sale a coal tar sealant product or high PAH sealant product, except as provided
3in sub. (3).
SB70-SSA2-SA5,52,54 (b) Beginning July 1, 2024, no person may apply a coal tar sealant product or
5high PAH sealant product, except as provided in sub. (3).
SB70-SSA2-SA5,52,7 6(3) Exemptions. The department may grant an exemption to the prohibitions
7under sub. (2) to any of the following upon written request:
SB70-SSA2-SA5,52,98 (a) A person who is researching the effects of a coal tar sealant product or high
9PAH sealant product on the environment.
SB70-SSA2-SA5,52,1210 (b) A person who is developing an alternative technology if the use of a coal tar
11sealant product or high PAH sealant product is required for research or
12development.”.
SB70-SSA2-SA5,52,13 13109. Page 374, line 11: after that line insert:
SB70-SSA2-SA5,52,14 14 Section 86. 15.347 (2) of the statutes is repealed.
SB70-SSA2-SA5,87 15Section 87. 20.005 (3) (schedule) of the statutes: at the appropriate place,
16insert the following amounts for the purposes indicated: - See PDF for table PDF - See PDF for table PDF - See PDF for table PDF
SB70-SSA2-SA5,88 1Section 88. 20.370 (4) (eq) of the statutes is repealed.
SB70-SSA2-SA5,89 2Section 89. 20.370 (6) (eq) of the statutes is repealed.
SB70-SSA2-SA5,90 3Section 90. 20.370 (6) (et) of the statutes is created to read:
SB70-SSA2-SA5,53,64 20.370 (6) (et) Environmental aidsrevitalize Wisconsin program. Biennially,
5from the environmental fund, the amounts in the schedule for aid awards under s.
6292.66 and to make any required payments under s. 25.43 (2s).
SB70-SSA2-SA5,91 7Section 91. 20.370 (6) (eu) of the statutes is created to read:
SB70-SSA2-SA5,53,138 20.370 (6) (eu) Environmental aidswaste removal and sampling. Biennially,
9from the environmental fund, the amounts in the schedule to provide financial
10assistance for the purpose of removing waste materials that have accumulated or
11been dumped on abandoned properties and to conduct sampling and testing to
12determine if those properties pose a risk to public health and safety or the
13environment.
SB70-SSA2-SA5,92 14Section 92. 20.370 (9) (nq) of the statutes is repealed.
SB70-SSA2-SA5,93 15Section 93. 20.566 (1) (r) of the statutes is amended to read:
SB70-SSA2-SA5,53,1816 20.566 (1) (r) Administration of dry cleaner fees. From the dry cleaner
17environmental response
environmental fund, the amounts in the schedule for the
18purpose of administering the fees under subch. XII of ch. 77.
SB70-SSA2-SA5,94 19Section 94. 25.17 (1) (d) of the statutes is repealed.
SB70-SSA2-SA5,95 20Section 95. 25.43 (2s) of the statutes is repealed and recreated to read:
SB70-SSA2-SA5,54,4
125.43 (2s) The secretary of administration and the secretary of natural
2resources shall ensure that any moneys required to be repaid to the environmental
3improvement fund as a result of a transfer under s. 25.43 (2s), 2021 stats., shall be
4paid from the environmental fund to the environmental improvement fund.
SB70-SSA2-SA5,96 5Section 96. 25.46 (1) (s) of the statutes is created to read:
SB70-SSA2-SA5,54,76 25.46 (1) (s) All moneys received under s. 77.9964 (3) for environmental
7management.
SB70-SSA2-SA5,97 8Section 97. 25.46 (2m) of the statutes is amended to read:
SB70-SSA2-SA5,54,129 25.46 (2m) Of the moneys described in sub. (1) that are received for the purpose
10of environmental management, except the moneys described in sub. (1) (ej), (ek),
11(hm), (j), (jj), (s), (t), and (u), $6,150,000 shall, in each fiscal year, be considered to
12have been received for the purpose of nonpoint source water pollution abatement.
SB70-SSA2-SA5,98 13Section 98. 25.48 of the statutes is repealed.
SB70-SSA2-SA5,99 14Section 99. 77.9964 (3) of the statutes is amended to read:
SB70-SSA2-SA5,54,1615 77.9964 (3) The department shall deposit all of the revenue that it collects
16under this subchapter in the environmental fund under s. 25.48.
SB70-SSA2-SA5,100 17Section 100. 292.65 (14) of the statutes is amended to read:
SB70-SSA2-SA5,54,1918 292.65 (14) Sunset. This section does not apply after June 30, 2032 the
19effective date of this subsection .... [LRB inserts date]
.
SB70-SSA2-SA5,101 20Section 101. 292.66 of the statutes is created to read:
SB70-SSA2-SA5,54,21 21292.66 Revitalize Wisconsin program. (1) Definitions. In this section:
SB70-SSA2-SA5,54,2422 (a) “Brownfield” means a property that is abandoned, idle, or underused, the
23expansion or redevelopment of which is adversely affected by actual or perceived
24discharge or environmental pollution.
SB70-SSA2-SA5,54,2525 (b) “Discharge” has the meaning given in s. 292.01 (3).
SB70-SSA2-SA5,55,1
1(c) “Innocent landowner” means any of the following:
SB70-SSA2-SA5,55,72 1. A property owner that acquired the property prior to November 1, 2006, has
3continuously owned the property since the date of acquisition, and can demonstrate,
4through documentation, that the discharge or environmental pollution on the
5property was caused by another person and that the property owner did not know
6and had no reason to know of the discharge or environmental pollution when the
7owner acquired the property.
SB70-SSA2-SA5,55,148 2. A property owner that acquired the property on or after November 1, 2006,
9has continuously owned the property since the date of acquisition, and can
10demonstrate, through documentation, that the property owner conducted all
11appropriate inquiries in compliance with 40 CFR part 312 prior to acquisition, that
12the discharge or environmental pollution on the property was caused by another
13person, and that the property owner did not know and had no reason to know of the
14discharge or environmental pollution when the owner acquired the property.
SB70-SSA2-SA5,55,1815 (d) “Interim action" means a response action that is taken to contain or stabilize
16a discharge or environmental pollution at a site or facility, in order to minimize any
17threats to public health, safety, or welfare or to the environment, while other
18response actions are being taken or planned for the site or facility.
Loading...
Loading...