Amendment SA5-SSA2-SB70

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.”.

SB70-SSA2-SA5,69,18 118. Page 374, line 11: after that line insert:

SB70-SSA2-SA5,69,19 “ Section 119. 20.370 (4) (ps) of the statutes is amended to read:

SB70-SSA2-SA5,69,24 20.370 (4) (ps) Fire PFAS-containing fire fighting foam. As a continuing appropriation, from the environmental fund, the amounts in the schedule for fire fighting foam collection and for providing assistance to local fire departments in replacing fire fighting foam that contains perfluoroalkyl or polyfluoroalkyl substances with fire fighting foam that does not contain such substances.” .

SB70-SSA2-SA5,70,1 119. Page 374, line 11: after that line insert:

SB70-SSA2-SA5,70,2 “ Section 120. 20.866 (2) (ti) of the statutes is amended to read:

SB70-SSA2-SA5,70,9 20.866 (2) (ti) Natural resources; contaminated sediment removal. From the capital improvement fund, a sum sufficient for the department of natural resources to fund removal of contaminated sediment under s. 281.87. The state may contract public debt in an amount not to exceed $32,000,000 $55,000,000 for this purpose. The state may contract additional public debt in an amount up to $4,000,000 for this purpose. The state may contract additional public debt in an amount up to $4,000,000 for this purpose.”.

SB70-SSA2-SA5,70,10 120. Page 374, line 11: after that line insert:

SB70-SSA2-SA5,70,12 “ Section 121. 281.75 (1) (b) (intro.), 1., 2. and 3. of the statutes are amended to read:

SB70-SSA2-SA5,70,14 281.75 (1) (b) (intro.) “Contaminated well" or “contaminated private water supply" means a well or private water supply which that does any of the following:

SB70-SSA2-SA5,70,17 1. Produces water containing one or more substances of public health concern in excess of a primary maximum contaminant level promulgated in the national drinking water standards in 40 CFR 141 and 143;.

SB70-SSA2-SA5,70,19 2. Produces water containing one or more substances of public health concern in excess of an enforcement standard under ch. 160; or.

SB70-SSA2-SA5,70,23 3. Is subject to a written advisory opinion, issued by the department or the department of health services, containing a specific descriptive reference to the well or private water supply and recommending that the well or private water supply not be used because of potential human health risks.

SB70-SSA2-SA5,122 Section 122. 281.75 (1) (b) 4. of the statutes is created to read:

SB70-SSA2-SA5,71,2 281.75 (1) (b) 4. Produces water containing at least 10 parts per billion of arsenic or at least 10 parts per million of nitrate nitrogen.

SB70-SSA2-SA5,123 Section 123. 281.75 (1) (b) 5. of the statutes is created to read:

SB70-SSA2-SA5,71,8 281.75 (1) (b) 5. Produces water containing levels of a perfluoroalkyl or polyfluoroalkyl substance in excess of the maximum level set out in any applicable federal or state health advisory for that substance, if no primary maximum contaminant level under 40 CFR 141 and 143 or enforcement standard under ch. 160 for that substance has been promulgated.

SB70-SSA2-SA5,124 Section 124. 281.75 (1) (f) of the statutes is amended to read:

SB70-SSA2-SA5,71,11 281.75 (1) (f) “Private water supply" means a residential water supply or, a livestock water supply, or a transient noncommunity water supply.

SB70-SSA2-SA5,125 Section 125. 281.75 (1) (gm) of the statutes is created to read:

SB70-SSA2-SA5,71,18 281.75 (1) (gm) “Transient noncommunity water supply” means a water system that serves at least 25 persons at least 60 days of the year but does not regularly serve at least 25 of the same persons over 6 months per year. “Transient noncommunity water supply” does not include a public water system that serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents.

SB70-SSA2-SA5,126 Section 126. 281.75 (4m) (a) of the statutes is amended to read:

SB70-SSA2-SA5,71,23 281.75 (4m) (a) In order to be eligible for an award under this section, the annual family income of the landowner or lessee of property on which is located a contaminated water supply or a well subject to abandonment may not exceed $65,000 $100,000.

SB70-SSA2-SA5,127 Section 127. 281.75 (5) (f) of the statutes is amended to read:

SB70-SSA2-SA5,72,6 281.75 (5) (f) The Except as provided in par. (g), the department shall allocate money for the payment of claims according to the order in which completed claims are received. The department may conditionally approve a completed claim even if the appropriation under s. 20.370 (6) (cr) is insufficient to pay the claim. The department shall allocate money for the payment of a claim which is conditionally approved as soon as funds become available.

SB70-SSA2-SA5,128 Section 128. 281.75 (5) (g) of the statutes is created to read:

SB70-SSA2-SA5,72,10 281.75 (5) (g) If the appropriations under s. 20.370 (6) (cf) or (cr) are insufficient to pay claims, the department may, for claims based on nitrate levels, allocate money for the payment of those claims in the following order of priority:

SB70-SSA2-SA5,72,12 1. Claims based on water containing more than 40 parts per million of nitrate nitrogen.

SB70-SSA2-SA5,72,14 2. Claims based on water containing more than 30 but not more than 40 parts per million of nitrate nitrogen.

SB70-SSA2-SA5,72,16 3. Claims based on water containing more than 25 but not more than 30 parts per million of nitrate nitrogen.

SB70-SSA2-SA5,72,18 4. Claims based on water containing more than 20 but not more than 25 parts per million of nitrate nitrogen.

SB70-SSA2-SA5,72,20 5. Claims based on water containing more than 10 but not more than 20 parts per million of nitrate nitrogen.

SB70-SSA2-SA5,129 Section 129. 281.75 (6) (a) of the statutes is amended to read:

SB70-SSA2-SA5,72,25 281.75 (6) (a) Contamination of a private water supply, as defined under sub. (1) (b) 1. or, 2., 4., or 5. is required to be established by analysis of at least 2 samples of water, taken at least 2 weeks apart, in a manner which assures the validity of the test results. The samples shall be tested by a laboratory certified under s. 299.11.

SB70-SSA2-SA5,130 Section 130. 281.75 (7) (a) of the statutes is amended to read:

SB70-SSA2-SA5,73,7 281.75 (7) (a) If the department finds that the claimant meets all the requirements of this section and rules promulgated under this section and that the private water supply is contaminated or that the well is a well subject to abandonment, the department shall issue an award. The Except as provided under par. (am), the award may not pay more than 75 percent of the eligible costs. The award may not pay any portion of eligible costs in excess of $16,000.

SB70-SSA2-SA5,131 Section 131. 281.75 (7) (am) of the statutes is created to read:

SB70-SSA2-SA5,73,11 281.75 (7) (am) An award under this subsection may pay up to 100 percent of the eligible costs if the annual family income of the claimant is below the median family income for the state, as determined by U.S. bureau of the census.

SB70-SSA2-SA5,132 Section 132. 281.75 (7) (b) of the statutes is repealed.

SB70-SSA2-SA5,133 Section 133. 281.75 (9) of the statutes is repealed.”.

SB70-SSA2-SA5,73,14 121. Page 374, line 11: after that line insert:

SB70-SSA2-SA5,73,15 “ Section 134. 20.866 (2) (th) of the statutes is amended to read:

SB70-SSA2-SA5,74,2 20.866 (2) (th) Natural resources; urban nonpoint source cost-sharing. From the capital improvement fund, a sum sufficient for the department of natural resources to provide cost-sharing grants for urban nonpoint source water pollution abatement and storm water management projects under s. 281.66, to provide municipal flood control and riparian restoration cost-sharing grants under s. 281.665, and to make the grant under 2007 Wisconsin Act 20, section 9135 (1i). The state may contract public debt in an amount not to exceed $53,600,000 $72,600,000 for this purpose. The state may contract additional public debt in an amount up to $4,000,000 for this purpose. The state may contract additional public debt in an amount up to $4,000,000 for this purpose. Of those amounts, $500,000 is allocated in fiscal biennium 2001-03 for dam rehabilitation grants under s. 31.387.”.

SB70-SSA2-SA5,74,3 122. Page 374, line 11: after that line insert:

SB70-SSA2-SA5,74,4 “ Section 135. 20.866 (2) (tf) of the statutes is amended to read:

SB70-SSA2-SA5,74,11 20.866 (2) (tf) Natural resources; nonpoint source. From the capital improvement fund, a sum sufficient for the department of natural resources to fund nonpoint source water pollution abatement projects under s. 281.65 (4c) and (4e). The state may contract public debt in an amount not to exceed $44,050,000 $67,050,000 for this purpose. The state may contract additional public debt in an amount up to $6,500,000 for this purpose. The state may contract additional public debt in an amount up to $6,500,000 for this purpose.”.

SB70-SSA2-SA5,74,12 123. Page 374, line 11: after that line insert:

SB70-SSA2-SA5,74,14 “ Section 136. 196.372 (3) (e) 2. (intro.) and b. of the statutes are consolidated, renumbered 196.372 (3) (e) 2. and amended to read:

SB70-SSA2-SA5,74,17 196.372 (3) (e) 2. The commission may not approve an application under subd. 1. unless the application satisfies all of the following conditions: b. Any states that any loan provided may not be forgiven by the water public utility or the municipality.

SB70-SSA2-SA5,137 Section 137. 196.372 (3) (e) 2. a. of the statutes is repealed.”.

SB70-SSA2-SA5,74,19 124. Page 374, line 11: after that line insert:

SB70-SSA2-SA5,74,20 “ Section 138. 196.31 (2r) of the statutes is created to read:

SB70-SSA2-SA5,74,23 196.31 (2r) From the appropriation under s. 20.155 (1) (j), the commission shall reserve $50,000 annually to compensate equity-focused participants who review economic and environmental issues affecting low-income populations.”.

SB70-SSA2-SA5,74,24 125. Page 374, line 11: after that line insert:

SB70-SSA2-SA5,75,1 “ Section 139. 196.745 (2) (a) of the statutes is amended to read:

SB70-SSA2-SA5,75,8 196.745 (2) (a) Any person violating sub. (1) (a), or any order or rule issued under sub. (1) (a), shall forfeit an amount not exceeding $25,000 $200,000. Each day of violation is a separate violation of sub. (1) (a). No person may forfeit an amount exceeding $500,000 $2,000,000 for a single persisting violation of sub. (1) (a) or any order or any rule issued under sub. (1) (a). The commission shall remit all forfeitures paid under this paragraph to the secretary of administration for deposit in the school fund.”.

SB70-SSA2-SA5,75,9 126. Page 374, line 11: after that line insert:

SB70-SSA2-SA5,75,10 “ Section 140. 196.491 (2) (title) of the statutes is amended to read:

SB70-SSA2-SA5,75,12 196.491 (2) (title) Strategic energy assessment and integrated resource plans.

SB70-SSA2-SA5,141 Section 141. 196.491 (2) (a) 3s. of the statutes is created to read:

SB70-SSA2-SA5,75,15 196.491 (2) (a) 3s. Review the integrated resource plans submitted by electric utilities under par. (h) to help inform the strategic energy assessment.