SB70-SSA2-SA5,66,42
20.370
(6) (ed)
Environmental aids — PFAS municipal grant program — 3general fund. As a continuing appropriation, the amounts in the schedule for the
4municipal grant program under s. 292.67.
SB70-SSA2-SA5,66,86
20.370
(6) (es)
Environmental aids — PFAS municipal grant program — 7environmental fund. As a continuing appropriation, from the environmental fund,
8the amounts in the schedule for the municipal grant program under s. 292.67.
SB70-SSA2-SA5,66,10
10292.67 PFAS municipal grant program. (1) Definitions. In this section:
SB70-SSA2-SA5,66,1111
(a) “Class B fire fighting foam” has the meaning given in s. 299.48 (1) (a).
SB70-SSA2-SA5,66,1312
(b) “Municipality” means a city, village, town, county, tribal governing body,
13utility district, lake protection district, sewerage district, or municipal airport.
SB70-SSA2-SA5,66,1414
(c) “PFAS” means a perfluoroalkyl or polyfluoroalkyl substance.
SB70-SSA2-SA5,67,4
1(2) Financial assistance. The department shall administer a program to
2provide grants from the appropriations under s. 20.370 (6) (ed) and (es) to
3municipalities that meet the requirements under sub. (3) for the purpose of
4conducting any of the eligible activities under sub. (4).
SB70-SSA2-SA5,67,6
5(3) Eligibility prerequisites. A grant may be awarded under sub. (2) only if
6one of the following has occurred:
SB70-SSA2-SA5,67,107
(a) The municipality tested or trained with a class B fire fighting foam that
8contained intentionally added PFAS in accordance with applicable state and federal
9law, or a 3rd party tested or trained with a class B fire fighting foam that contained
10intentionally added PFAS within the area controlled by the municipality.
SB70-SSA2-SA5,67,1211
(b) The municipality applied biosolids to land under a permit issued by DNR
12under s. 283.31.
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(c) PFAS are impacting the municipality's drinking water supply or surface
14water or groundwater within the area controlled by the municipality and the
15responsible party is unknown or is unwilling or unable to take the necessary
16response actions.
SB70-SSA2-SA5,67,18
17(4) Eligible activities. The department may award a grant under sub. (2) for
18any of the following activities:
SB70-SSA2-SA5,67,2019
(a) Investigating potential PFAS impacts to the air, land, or water at a site or
20facility for the purpose of reducing or eliminating environmental contamination.
SB70-SSA2-SA5,67,2221
(b) Treating or disposing of PFAS-containing fire fighting foam containers from
22a municipal site or facility.
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(c) Sampling a private water supply within 3 miles of a site or facility known
24to contain PFAS or to have caused a PFAS discharge.
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1(d) Providing a temporary emergency water supply, a water treatment system,
2or bulk water to replace water contaminated with PFAS.
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(e) Conducting emergency, interim, or remedial actions to mitigate, treat,
4dispose of, or remove PFAS contamination to the air, land, or waters of the state.
SB70-SSA2-SA5,68,95
(f) Removing or treating PFAS in a public water system using the most
6cost-effective method to provide safe drinking water in areas where PFAS levels
7exceed the maximum contaminant level for PFAS under ch. 281 or an enforcement
8standard for PFAS under ch. 160 or where the state has issued a health advisory for
9PFAS.
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(g) Sampling and testing water for PFAS contamination in a public, private, or
11tribal elementary or secondary school, a child care center that is licensed under s.
1248.65, a child care program that is established or contracted for under s. 120.13 (14),
13or a child care provider that is certified under s. 48.651.
SB70-SSA2-SA5,68,17
14(5) Application. A municipality shall apply for a grant on a form prescribed
15by the department and shall include any information that the department finds
16necessary to determine the eligibility of the project, identify the funding requested,
17determine the priority of the project, and calculate the amount of a grant.
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18(6) Evaluation criteria. The department, in awarding grants under this
19section, shall consider all of the following criteria:
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(a) The municipality's demonstrated commitment to performing and
21completing eligible activities, including the municipality's financial commitment
22and ability to successfully administer grants.
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(b) The degree to which the project will have a positive impact on public health
24and the environment.
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1(c) Other criteria that the department finds necessary to prioritize the funds
2available for awarding grants.
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3(7) Matching funds. The department may not distribute a grant under this
4section unless the applicant contributes matching funds equal to at least 20 percent
5of the amount of the grant. Matching funds may be in the form of cash, in-kind
6contributions, or both.
SB70-SSA2-SA5,69,178
(1)
Emergency rules for PFAS municipal grant program. The department of
9natural resources may use the procedure under s. 227.24 to promulgate emergency
10rules relating to the municipal grant program under s. 292.67. Notwithstanding s.
11227.24 (1) (a) and (3), the department is not required to provide evidence that
12promulgating a rule under this subsection as an emergency rule is necessary for the
13preservation of the public peace, health, safety, or welfare and is not required to
14provide a finding of emergency for a rule promulgated under this subsection.
15Notwithstanding s. 227.24 (1) (e) 1d. and 1g., for emergency rules promulgated under
16this subsection, the department is not required to prepare a statement of scope of the
17rules or to submit the proposed rules in final draft form to the governor for approval.”.
SB70-SSA2-SA5,69,2420
20.370
(4) (ps)
Fire
PFAS-containing fire fighting foam. As a continuing
21appropriation, from the environmental fund, the amounts in the schedule for fire
22fighting foam collection
and for providing assistance to local fire departments in
23replacing fire fighting foam that contains perfluoroalkyl or polyfluoroalkyl
24substances with fire fighting foam that does not contain such substances.”
.
SB70-SSA2-SA5,70,93
20.866
(2) (ti)
Natural resources; contaminated sediment removal. From the
4capital improvement fund, a sum sufficient for the department of natural resources
5to fund removal of contaminated sediment under s. 281.87. The state may contract
6public debt in an amount not to exceed
$32,000,000
$55,000,000 for this purpose.
7The state may contract additional public debt in an amount up to $4,000,000 for this
8purpose. The state may contract additional public debt in an amount up to
9$4,000,000 for this purpose.”.
SB70-SSA2-SA5,70,12
11“
Section
121. 281.75 (1) (b) (intro.), 1., 2. and 3. of the statutes are amended
12to read:
SB70-SSA2-SA5,70,1413
281.75
(1) (b) (intro.) “Contaminated well" or “contaminated private water
14supply" means a well or private water supply
which
that does any of the following:
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1. Produces water containing one or more substances of public health concern
16in excess of a primary maximum contaminant level promulgated in the national
17drinking water standards in
40 CFR 141 and
143;.
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2. Produces water containing one or more substances of public health concern
19in excess of an enforcement standard under ch. 160
; or.
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3. Is subject to a written advisory opinion, issued by the department
or the
21department of health services, containing a specific descriptive reference to the well
22or private water supply and recommending that the well or private water supply not
23be used because of potential human health risks.
SB70-SSA2-SA5,122
24Section
122. 281.75 (1) (b) 4. of the statutes is created to read:
SB70-SSA2-SA5,71,2
1281.75
(1) (b) 4. Produces water containing at least 10 parts per billion of
2arsenic or at least 10 parts per million of nitrate nitrogen.
SB70-SSA2-SA5,123
3Section
123. 281.75 (1) (b) 5. of the statutes is created to read:
SB70-SSA2-SA5,71,84
281.75
(1) (b) 5. Produces water containing levels of a perfluoroalkyl or
5polyfluoroalkyl substance in excess of the maximum level set out in any applicable
6federal or state health advisory for that substance, if no primary maximum
7contaminant level under
40 CFR 141 and
143 or enforcement standard under ch. 160
8for that substance has been promulgated.
SB70-SSA2-SA5,71,1110
281.75
(1) (f) “Private water supply" means a residential water supply
or, a
11livestock water supply
, or a transient noncommunity water supply.
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281.75
(1) (gm) “Transient noncommunity water supply” means a water system
14that serves at least 25 persons at least 60 days of the year but does not regularly serve
15at least 25 of the same persons over 6 months per year. “Transient noncommunity
16water supply” does not include a public water system that serves at least 15 service
17connections used by year-round residents or regularly serves at least 25 year-round
18residents.
SB70-SSA2-SA5,71,2320
281.75
(4m) (a) In order to be eligible for an award under this section, the
21annual family income of the landowner or lessee of property on which is located a
22contaminated water supply or a well subject to abandonment may not exceed
$65,000 23$100,000.
SB70-SSA2-SA5,72,6
1281.75
(5) (f)
The
Except as provided in par. (g), the department shall allocate
2money for the payment of claims according to the order in which completed claims
3are received. The department may conditionally approve a completed claim even if
4the appropriation under s. 20.370 (6) (cr) is insufficient to pay the claim. The
5department shall allocate money for the payment of a claim which is conditionally
6approved as soon as funds become available.
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281.75
(5) (g) If the appropriations under s. 20.370 (6) (cf) or (cr) are insufficient
9to pay claims, the department may, for claims based on nitrate levels, allocate money
10for the payment of those claims in the following order of priority:
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1. Claims based on water containing more than 40 parts per million of nitrate
12nitrogen.
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2. Claims based on water containing more than 30 but not more than 40 parts
14per million of nitrate nitrogen.
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3. Claims based on water containing more than 25 but not more than 30 parts
16per million of nitrate nitrogen.
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4. Claims based on water containing more than 20 but not more than 25 parts
18per million of nitrate nitrogen.
SB70-SSA2-SA5,72,2019
5. Claims based on water containing more than 10 but not more than 20 parts
20per million of nitrate nitrogen.
SB70-SSA2-SA5,72,2522
281.75
(6) (a) Contamination of a private water supply, as defined under sub.
23(1) (b) 1.
or, 2.,
4., or 5. is required to be established by analysis of at least 2 samples
24of water, taken at least 2 weeks apart, in a manner which assures the validity of the
25test results. The samples shall be tested by a laboratory certified under s. 299.11.
SB70-SSA2-SA5,73,72
281.75
(7) (a) If the department finds that the claimant meets all the
3requirements of this section and rules promulgated under this section and that the
4private water supply is contaminated or that the well is a well subject to
5abandonment, the department shall issue an award.
The Except as provided under
6par. (am), the award may not pay more than 75 percent of the eligible costs. The
7award may not pay any portion of eligible costs in excess of $16,000.
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281.75
(7) (am) An award under this subsection may pay up to 100 percent of
10the eligible costs if the annual family income of the claimant is below the median
11family income for the state, as determined by U.S. bureau of the census.
SB70-SSA2-SA5,74,216
20.866
(2) (th)
Natural resources; urban nonpoint source cost-sharing. From
17the capital improvement fund, a sum sufficient for the department of natural
18resources to provide cost-sharing grants for urban nonpoint source water pollution
19abatement and storm water management projects under s. 281.66, to provide
20municipal flood control and riparian restoration cost-sharing grants under s.
21281.665, and to make the grant under
2007 Wisconsin Act 20, section
9135 (1i). The
22state may contract public debt in an amount not to exceed
$53,600,000 $72,600,000 23for this purpose.
The state may contract additional public debt in an amount up to
24$4,000,000 for this purpose. The state may contract additional public debt in an
1amount up to $4,000,000 for this purpose. Of those amounts, $500,000 is allocated
2in fiscal biennium 2001-03 for dam rehabilitation grants under s. 31.387.”.
SB70-SSA2-SA5,74,115
20.866
(2) (tf)
Natural resources; nonpoint source. From the capital
6improvement fund, a sum sufficient for the department of natural resources to fund
7nonpoint source water pollution abatement projects under s. 281.65 (4c) and (4e).
8The state may contract public debt in an amount not to exceed
$44,050,000 9$67,050,000 for this purpose.
The state may contract additional public debt in an
10amount up to $6,500,000 for this purpose. The state may contract additional public
11debt in an amount up to $6,500,000 for this purpose.”.
SB70-SSA2-SA5,74,14
13“
Section
136. 196.372 (3) (e) 2. (intro.) and b. of the statutes are consolidated,
14renumbered 196.372 (3) (e) 2. and amended to read:
SB70-SSA2-SA5,74,1715
196.372
(3) (e) 2. The commission may not approve an application under subd.
161. unless the application
satisfies all of the following conditions: b. Any states that
17any loan provided may not be forgiven by the water public utility or the municipality.
SB70-SSA2-SA5,137
18Section
137. 196.372 (3) (e) 2. a. of the statutes is repealed.”.
SB70-SSA2-SA5,74,2321
196.31
(2r) From the appropriation under s. 20.155 (1) (j), the commission shall
22reserve $50,000 annually to compensate equity-focused participants who review
23economic and environmental issues affecting low-income populations.”.
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196.745
(2) (a) Any person violating sub. (1) (a), or any order or rule issued
3under sub. (1) (a), shall forfeit an amount not exceeding
$25,000 $200,000. Each day
4of violation is a separate violation of sub. (1) (a). No person may forfeit an amount
5exceeding
$500,000 $2,000,000 for a single persisting violation of sub. (1) (a) or any
6order or any rule issued under sub. (1) (a).
The commission shall remit all forfeitures
7paid under this paragraph to the secretary of administration for deposit in the school
8fund.”.
SB70-SSA2-SA5,75,1211
196.491
(2) (title)
Strategic energy assessment and integrated resource
12plans.
