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SB70-SSA2-SA5,62 5Section 62. 28.25 of the statutes is created to read:
SB70-SSA2-SA5,41,11 628.25 Public forest regeneration grants. The department shall establish
7a grant program under which it awards grants for projects involving reforestation,
8forest regeneration, and forest management on public land. A project is eligible for
9a grant under this section if it is located on public land owned by a local government
10or school district or by this state, except for land under the jurisdiction and control
11of the department.”.
SB70-SSA2-SA5,41,12 12101. Page 374, line 11: after that line insert:
SB70-SSA2-SA5,41,13 13 Section 63. 160.07 (4) (f) of the statutes is created to read:
SB70-SSA2-SA5,41,1814 160.07 (4) (f) In recommending an enforcement standard for a perfluoroalkyl
15or polyfluoroalkyl substance, the department of health services may recommend an
16individual standard for a substance, a standard for a class of substances, a standard
17for a group of substances, or any combination of individual, class, or group standards
18for substances or class or group of substances.
SB70-SSA2-SA5,64 19Section 64. 160.07 (7) of the statutes is created to read:
SB70-SSA2-SA5,42,7
1160.07 (7) If the department of health services recommends an enforcement
2standard for a perfluoroalkyl or polyfluoroalkyl substance or a group or class of such
3substances under this section, the department shall apply the standard as an interim
4enforcement standard for that substance, including through sampling, monitoring,
5and testing, and any other actions required by rules promulgated by the department,
6unless emergency or permanent rules that establish an enforcement standard for
7that substance are in effect.
SB70-SSA2-SA5,65 8Section 65. 160.15 (4) of the statutes is created to read:
SB70-SSA2-SA5,42,149 160.15 (4) Notwithstanding sub. (1), if an interim enforcement standard for a
10perfluoroalkyl or polyfluoroalkyl substance is applied under s. 160.07 (7), the
11department shall apply an interim preventive action limit for that substance of 20
12percent of the concentration established as the interim enforcement standard,
13unless emergency or permanent rules that establish a preventive action limit for that
14substance are in effect.
SB70-SSA2-SA5,66 15Section 66. 281.17 (8) (c) of the statutes is created to read:
SB70-SSA2-SA5,42,2216 281.17 (8) (c) If the department of health services recommends an enforcement
17standard for a perfluoroalkyl or polyfluoroalkyl substance or a group or class of such
18substances under s. 160.07, the department shall apply the standard as an interim
19maximum contaminant level for public water systems, water suppliers, and
20laboratories certified to analyze drinking water, in accordance with rules
21promulgated by the department, unless emergency or permanent rules that
22establish maximum contaminant levels for that substance are in effect.
SB70-SSA2-SA5,67 23Section 67. 285.27 (2) (bm) of the statutes is created to read:
SB70-SSA2-SA5,43,524 285.27 (2) (bm) Standards for PFAS. Emission standards for known
25perfluoroalkyl or polyfluoroalkyl substances are needed to provide adequate

1protection for public health and welfare under par. (b). The department shall
2promulgate emission standards for any known perfluoroalkyl or polyfluoroalkyl
3substances to provide adequate protection for public health and welfare, taking into
4account energy, economic, and environmental impacts and other costs related to the
5emission source.
SB70-SSA2-SA5,68 6Section 68. 299.15 (2m) of the statutes is created to read:
SB70-SSA2-SA5,43,97 299.15 (2m) The department shall consider all known perfluoroalkyl or
8polyfluoroalkyl substances to be air contaminants for purposes of sub. (2) (a) 2. The
9reporting level for these substances is zero pounds per year.
SB70-SSA2-SA5,9132 10Section 9132. Nonstatutory provisions; Natural Resources.
SB70-SSA2-SA5,43,1211 (1u) Emergency rules for PFAS in drinking water, groundwater, surface
12water, solid waste, beds of navigable waters, and contaminated soil and sediment.
SB70-SSA2-SA5,43,1813 (a) The department of natural resources shall promulgate emergency rules
14under s. 227.24 establishing acceptable levels and standards, performance
15standards, monitoring requirements, and required response actions for any
16perfluoroalkyl or polyfluoroalkyl substance or group or class of such substances that
17the department determines may be harmful to human health or the environment in
18the following:
SB70-SSA2-SA5,43,19 191. Drinking water under s. 281.17 (8).
SB70-SSA2-SA5,43,20 202. Groundwater under ss. 160.07 (5) and 160.15.
SB70-SSA2-SA5,43,22 213. Surface water from point sources under ss. 283.11 (4) and 283.21 and from
22nonpoint sources under s. 281.16.
SB70-SSA2-SA5,43,24 234. Air under s. 285.27 (2) (bm), if the standards are needed to provide adequate
24protection for public health or welfare.
SB70-SSA2-SA5,43,25 255. Solid waste and solid waste facilities under chs. 289 and 291.
SB70-SSA2-SA5,44,1
16. Beds of navigable waters under s. 30.20.
SB70-SSA2-SA5,44,2 27. Soil and sediment under chs. 289 and 292.
SB70-SSA2-SA5,44,43 (b) The department of natural resources shall promulgate emergency rules
4under s. 227.24 to do all of the following:
SB70-SSA2-SA5,44,8 51. Add any perfluoroalkyl or polyfluoroalkyl substance or group or class of such
6substances that the department determines may be harmful to human health or the
7environment to the list of toxic pollutants under s. 283.21 (1) (a) for purposes of
8setting toxic effluent standards or prohibitions under s. 283.11 (4).
SB70-SSA2-SA5,44,12 92. Add to the list of hazardous constituents under s. 291.05 (4) any
10perfluoroalkyl or polyfluoroalkyl substance or group or class of such substances for
11which the department determines that the listing is necessary to protect public
12health, safety, or welfare.
SB70-SSA2-SA5,44,14 133. Administer and enforce ch. 292 in relation to remedial actions involving
14perfluoroalkyl or polyfluoroalkyl substances or a group or class of such substances.
SB70-SSA2-SA5,44,2015 (c) Notwithstanding any finding required under par. (a) or (b), emergency rules
16promulgated under pars. (a) and (b) shall include, at a minimum, perfluorooctane
17sulfonic acid, perfluorooctanoic acid, perfluorohexane sulfonic acid,
18perfluorononanoic acid, and perfluorobutane sulfonic acid and shall include
19provisions for enforcing these standards, including requiring sampling, monitoring,
20testing, and response actions.
SB70-SSA2-SA5,45,221 (d) Notwithstanding s. 227.24 (1) (c) and (2), emergency rules promulgated
22under pars. (a) and (b) remain in effect until July 1, 2024, or the date on which
23permanent rules take effect, whichever is sooner. Notwithstanding s. 227.24 (1) (a)
24and (3), the department of natural resources is not required to provide evidence that
25promulgating a rule under this subsection as an emergency rule is necessary for the

1preservation of public peace, health, safety, or welfare and is not required to provide
2a finding of emergency for a rule promulgated under this subsection.
SB70-SSA2-SA5,45,93 (2u) Water quality standards for PFAS. The department of natural resources
4shall promulgate, under s. 281.15, water quality standards for perfluorooctane
5sulfonic acid, perfluorooctanoic acid, perfluorohexane sulfonic acid,
6perfluorononanoic acid, and perfluorobutane sulfonic acid and any other
7perfluoroalkyl or polyfluoroalkyl substance or group or class of such substances that
8the department determines may be harmful to human health and necessary to
9protect a water's designated use.
SB70-SSA2-SA5,45,1510 (3u) List of groundwater contaminants. The department of natural resources
11shall add to the list of groundwater contaminants under s. 160.05 any perfluoroalkyl
12and polyfluoroalkyl substance or group or class of such substances that is shown to
13involve public health concerns and that has a reasonable probability of entering the
14groundwater and shall categorize and rank those substances according to the
15provisions of s. 160.05.
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.
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