SB1104: Bill Text

SB1104,,84 (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.

SB1104,,85 (b) Treating or disposing of PFAS-containing fire fighting foam or fire fighting foam containers from a municipal site or facility or purchasing PFAS-free fire fighting foam.

SB1104,,86 (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.

SB1104,,87 (d) Providing a temporary emergency water supply, a water treatment system, or bulk water to replace water contaminated with PFAS.

SB1104,,88 (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.

SB1104,,89 (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.

SB1104,,90 (g) Paying a municipality’s costs for a mediator under s. 281.79.

SB1104,,91 (h) 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.

SB1104,,92 (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.

SB1104,,93 (6) Evaluation criteria. The department, in awarding grants under this section, shall consider all of the following criteria:

SB1104,,94 (a) The municipality’s demonstrated commitment to performing and completing eligible activities, including the municipality’s financial commitment and ability to successfully administer grants.

SB1104,,95 (b) The degree to which the project will have a positive impact on public health and the environment.

SB1104,,96 (c) Other criteria that the department finds necessary to prioritize the funds available for awarding grants.

SB1104,27 Section 27. 292.67 of the statutes is created to read:

SB1104,,98 292.67 County well testing grant program. (1) Definitions. In this section:

SB1104,,99 (a) “PFAS” means a perfluoroalkyl or polyfluoroalkyl substance.

SB1104,,100 (b) “Private water supply” has the meaning given in s. 281.77 (1) (a).

SB1104,,101 (2) Financial assistance. The department shall administer a program to provide grants from the appropriation under s. 20.370 (6) (et) to counties for the purpose of providing sampling and testing services to owners of private water supplies to sample and test for PFAS, nitrates, bacteria, and lead.

SB1104,28 Section 28. 292.74 of the statutes is created to read:

SB1104,,103 292.74 Financial responsibility for PFAS. The department may, if it determines doing so is necessary to protect human health or the environment, require a person who possesses or controls or who causes the discharge of a perfluoroalkyl or polyfluoroalkyl substance, and any person who manufactures any product that contains intentionally added PFAS, as defined under s. 299.485 (c), to provide proof of financial responsibility for conducting emergency response actions, remedial actions, environmental repair, and long-term care to address contamination by a potential discharge of a perfluoroalkyl or polyfluoroalkyl substance or environmental pollution that may be caused by a discharge of such substances. The department shall establish, by rule, the procedure for determining whether requiring a proof of financial responsibility is necessary to protect human health or the environment, and may establish requirements for types of financial responsibility, methods for calculating amounts of financial responsibility, access and default, bankruptcy notifications, and any other requirements the department determines is necessary under this section. The proof of financial responsibility required under this section shall be in addition to any other proof of financial responsibility or financial assurance required under this chapter. This section does not apply to a municipality, fire department, fire district, water utility, wastewater utility, agricultural producer, or the state.

SB1104,29 Section 29. 299.485 of the statutes is created to read:

SB1104,,105 299.485 Products containing PFAS. (1) Definitions. In this section:

SB1104,,106 (a) “Fabric treatment” means a substance applied to fabric to give the fabric one or more characteristics, such as stain or water resistance.

SB1104,,107 (b) “Food packaging” means a container applied to or providing a means to market, protect, handle, deliver, serve, contain, or store a food or beverage. “Food packaging” includes a unit package, an intermediate package, and a shipping container; unsealed receptacles, such as carrying cases, crates, cups, plates, bowls, pails, rigid foil and other trays, wrappers and wrapping films, bags, and tubs; and an individually assembled part of a food package, such as any interior or exterior blocking, bracing, cushioning, weatherproofing, exterior strapping, coating, closure, ink, and label.

SB1104,,108 (c) “Intentionally added PFAS” means PFAS that are deliberately added during the manufacture of a product where the continued presence of PFAS is desired in the final product or one of the product’s components to perform a specific function.

SB1104,,109 (d) “Juvenile product” means a product designed or marketed for use by infants and children under the age of 12, but does not include an electronic product such as a personal computer, audio and video equipment, calculator, wireless phone, game console, or any associated peripheral.

SB1104,,110 (e) “PFAS” means a perfluoroalkyl or polyfluoroalkyl substance.

SB1104,,111 (f) “Textile furnishings” means textile goods of a type customarily used in households and businesses, including draperies, floor coverings, furnishings, bedding, towels, and tablecloths.

SB1104,,112 (g) “Unavoidable use” means a use of PFAS that is protective or beneficial to public health or safety or to the environment and for which there are no feasible alternatives available with a lower risk to public health and the environment.

SB1104,,113 (2) Prohibitions. (a) Beginning on January 1, 2028, no person may distribute, sell, or offer for sale any of the following products if the product contains intentionally added PFAS:

SB1104,,114 1. Food packaging, or food products contained in food packaging.

SB1104,,115 2. Carpets or rugs.

SB1104,,116 3. Cleaning products.

SB1104,,117 4. Cookware.

SB1104,,118 5. Cosmetics.

SB1104,,119 6. Dental floss.

SB1104,,120 7. Fabric treatments.

SB1104,,121 8. Juvenile products.

SB1104,,122 9. Menstruation products.

SB1104,,123 10. Textile furnishings.

SB1104,,124 11. Ski wax.

SB1104,,125 12. Upholstered furniture.

SB1104,,126 13. A product for which the manufacturer has failed to provide the information required under sub. (4).

SB1104,,127 (b) The department may, by rule, identify products, in addition to those under par. (a) 1. to 13., by category or use that may not be distributed, sold, or offered for sale, and designate effective dates for such prohibitions.

SB1104,,128 (c) Beginning on January 1, 2034, no person may distribute, sell, or offer for sale any product that contains intentionally added PFAS, unless the department has determined, by rule, that the use of PFAS in the product is an unavoidable use.

SB1104,,129 (3) Exemptions. This section does not apply to any of the following:

SB1104,,130 (a) A product for which federal law governs the presence of PFAS in the product in a manner that preempts state law.

SB1104,,131 (b) Fire fighting foam regulated under s. 299.48.

SB1104,,132 (c) The sale or resale of a used product.

SB1104,,133 (d) A prosthetic or orthotic device, or any product that is a medical device or drug or that is otherwise used in a medical setting or in medical applications regulated by the U.S. food and drug administration.

SB1104,,134 (e) A product for which the department has determined, by rule, that the use of PFAS in the product is an unavoidable use.

SB1104,,135 (4) Information required. (a) On or before January 1, 2026, a manufacturer of a product distributed, sold, or offered for sale that contains intentionally added PFAS shall submit to the department a brief description of the product; the purpose for which PFAS is used in the product; the amount of each type of PFAS in the product; the name, address, and phone number for the manufacturer; and any additional information requested by the department as needed to implement this section.

SB1104,,136 (b) A manufacturer shall submit the information required under par. (a) whenever a new product that contains intentionally added PFAS is distributed, sold, or offered for sale, and shall revise information provided to the department whenever there is a significant change in the information.

SB1104,,137 (5) Testing; certificate of compliance. If the department has reason to believe that a product contains intentionally added PFAS and the product is being distributed, sold, or offered for sale, the department may direct the manufacturer of the product to, within 30 days, provide the department with testing results that demonstrate the amount of each of the PFAS in the product. If testing shows that the product does not contain intentionally added PFAS, the manufacturer shall provide the department with the testing results and a certificate attesting that the product does not contain intentionally added PFAS. If testing shows that the product contains intentionally added PFAS, the manufacturer shall provide the department with the testing results and the information required under sub. (4).

SB1104,,138 (6) Financial responsibility. The manufacturer of any new product that contains intentionally added PFAS that is distributed, sold, or offered for sale shall provide proof of financial responsibility as required under s. 292.74.

SB1104,,139 (7) Penalty. A person that violates sub. (2) (a) or (c) shall be subject to a forfeiture of $100 for each violating product, for each day that the violation continues.

SB1104,30 Section 30. 299.487 of the statutes is created to read:

SB1104,,141 299.487 Transportation and disposal of PFAS. (1) In this section:

SB1104,,142 (a) “Environmental justice” means the fair treatment and meaningful involvement of all individuals, regardless of race, color, national origin, educational level, or income, with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies to ensure that no population of color or community of color, indigenous community, or low-income community shall be exposed to a disproportionate burden of the negative human health and environmental impacts of pollution or other environmental hazards.

SB1104,,143 (b) “PFAS” means a perfluoroalkyl or polyfluoroalkyl substance.

SB1104,,144 (2) A person disposing of PFAS, or transporting PFAS for the purpose of disposal, shall attempt to the greatest extent possible to avoid disposing of PFAS in, or transporting PFAS to, any location where such disposal or transportation will contribute to environmental justice concerns and shall consider all reasonable alternatives for transport and disposal of PFAS. The department shall assist any person, upon request, in evaluating the environmental justice impacts of the person’s disposal or transportation of PFAS.

SB1104,31 Section 31. Nonstatutory provisions.

SB1104,,146 (1) Emergency rules for PFAS community grant program. The department of natural resources may use the procedure under s. 227.24 to promulgate emergency rules relating to the PFAS community grant program under s. 292.66. Notwithstanding s. 227.24 (1) (a) and (3), when promulgating emergency rules under this subsection, 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.

SB1104,,147 (2) Emission standards for PFAS. If the department of health services has recommended a groundwater enforcement standard for a perfluoroalkyl or polyfluoroalkyl substance before the effective date of this subsection, the department of natural resources is not required to begin promulgating rules establishing an emission standard for that substance until 12 months beginning after the effective date of this subsection.

SB1104,,148 (3) Emergency rules for PFAS in drinking water, groundwater, surface water, solid waste, beds of navigable waters, and contaminated soil and sediment.

SB1104,,149 (a) The department of natural resources shall promulgate emergency rules under s. 227.24 establishing acceptable levels and standards, performance standards, monitoring requirements, and required response actions for any perfluoroalkyl or polyfluoroalkyl substance or group or class of such substances that the department determines may be harmful to human health or the environment in the following:

SB1104,,150 1. Drinking water under s. 281.17 (8).

SB1104,,151 2. Groundwater under ss. 160.07 (5) and 160.15, except as provided under ss. 160.07 (5) (b) and 160.15 (4).

SB1104,,152 3. Surface water from point sources under ss. 283.11 (4) and 283.21 and from nonpoint sources under s. 281.16.

SB1104,,153 4. Solid waste and solid waste facilities under chs. 289 and 291.

SB1104,,154 5. Beds of navigable waters under s. 30.20.

SB1104,,155 6. Soil and sediment under chs. 289 and 292.

SB1104,,156 (b) The department of natural resources shall promulgate emergency rules under s. 227.24 to do all of the following:

SB1104,,157 1. Add any perfluoroalkyl or polyfluoroalkyl substance or group or class of such substances that the department determines may be harmful to human health or the environment to the list of toxic pollutants under s. 283.21 (1) (a) for purposes of setting toxic effluent standards or prohibitions under s. 283.11 (4).

SB1104,,158 2. Add to the list of hazardous constituents under s. 291.05 (4) any perfluoroalkyl or polyfluoroalkyl substance or group or class of such substances for which the department determines that the listing is necessary to protect public health, safety, or welfare.

SB1104,,159 3. Administer and enforce ch. 292 in relation to remedial actions involving perfluoroalkyl or polyfluoroalkyl substances or a group or class of such substances.

SB1104,,160 4. Establish procedures for submission, review, and determination of applications for assistance under s. 281.73.

SB1104,,161 (c) Notwithstanding any finding required under par. (a) or (b), emergency rules promulgated under pars. (a) and (b) shall cover, at a minimum, perfluorooctane sulfonic acid, perfluorooctanoic acid, perfluorohexane sulfonic acid, perfluorononanoic acid, and perfluorobutane sulfonic acid and shall include provisions for enforcing these standards, including requiring sampling, monitoring, testing, and response actions.

SB1104,,162 (d) Notwithstanding s. 227.24 (1) (c) and (2), emergency rules promulgated under pars. (a) and (b) remain in effect until July 1, 2026, or the date on which permanent rules take effect, whichever is sooner. Notwithstanding s. 227.24 (1) (a) and (3), the department of natural resources is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

SB1104,,163 (4) Report. No later than June 30, 2026, the department of natural resources and the department of health services shall submit a joint report to the chief clerk of each house of the legislature for distribution to the appropriate standing committees under s. 13.172 (3) having jurisdiction over matters relating to the environment. The report shall describe the feasibility and advisability of regulating perfluoroalkyl and polyfluoroalkyl substances as one or more classes of substances.

SB1104,,164 (5) Position authorization — county well testing grant program. The authorized FTE positions for the department of natural resources are increased by 1.0 SEG position, to be funded from the appropriation under s. 20.370 (6) (et), for the purpose of administering the county well testing grant program under s. 292.67.

SB1104,,165 (6) Statewide biomonitoring studies. The department of health services shall conduct biomonitoring studies across the state to assess perfluoroalkyl and polyfluoroalkyl substance exposure levels and better understand the factors that affect perfluoroalkyl and polyfluoroalkyl substance exposure levels in different communities. The department may, as part of these studies, survey volunteer participants, test blood samples for the presence and levels of perfluoroalkyl and polyfluoroalkyl substances, and analyze the results.

SB1104,32 Section 32. Fiscal changes.

SB1104,,167 (1) Position authorizations; health services; statewide biomonitoring studies. In the schedule under s. 20.005 (3) for the appropriation to the department of health services under s. 20.435 (1) (a), the dollar amount for fiscal year 2023-24 is increased by $630,000 to conduct the studies under Section 31 (6) and to increase the authorized FTE positions for the department by 5.0 GPR positions to serve as 1.0 research scientist, 1.0 public health educator, 1.0 program manager and study coordinator, 1.0 epidemiologist, and 1.0 outreach specialist. In the schedule under s. 20.005 (3) for the appropriation to the department of health services under s. 20.435 (1) (a), the dollar amount for fiscal year 2024-25 is increased by $630,000 for the same purposes.

SB1104,,168 (2) Position authorizations; health services; groundwater enforcement standards. In the schedule under s. 20.005 (3) for the appropriation to the department of health services under s. 20.435 (1) (a), the dollar amount for fiscal year 2023-24 is increased by $248,600 to increase the authorized FTE positions for the department by 4.0 GPR research scientist positions for the purpose of recommending enforcement standards for perfluoroalkyl and polyfluoroalkyl substances under s. 160.07. In the schedule under s. 20.005 (3) for the appropriation to the department of health services under s. 20.435 (1) (a), the dollar amount for fiscal year 2024-25 is increased by $248,600 to provide funding for the positions authorized under this subsection.

SB1104,,169 (3) Position authorizations; natural resources; PFAS action plan implementation. In the schedule under s. 20.005 (3) for the appropriation to the department of natural resources under s. 20.370 (4) (ma), the dollar amount for fiscal year 2023-24 is increased by $729,400 and the dollar amount for fiscal year 2024-25 is increased by $934,200 to increase the authorized FTE positions for the department by 12.0 GPR positions and 1.0 GPR 4-year project position for the purpose of implementing the 2020 PFAS Action Plan published by the Wisconsin PFAS Action Council. The FTE positions shall be placed in the department as follows: 2.0 FTE positions to assist in conducting deposition monitoring, to develop and prioritize a list of sources that may be emitting PFAS compounds into the air, and to develop control technology standards; 3.0 FTE positions for drinking and groundwater monitoring; 2.0 FTE positions to assess necessary actions to limit exposure to PFAS; 2.0 FTE positions to develop water quality guidelines and standards related to PFAS, particularly for wastewater treatment facilities; 1.0 FTE position to develop standards related to PFAS disposal; 1.0 FTE position to develop sampling methodologies and perform sampling in cases where wildlife is suspected of having been contaminated by PFAS; and 1.0 FTE position to conduct community outreach and engagement.

SB1104,,170 (4) Natural resources; statewide PFAS sampling and testing. In the schedule under s. 20.005 (3) for the appropriation to the department of natural resources under s. 20.370 (4) (mw), the dollar amount for fiscal year 2023-24 is increased by $1,480,000 and the dollar amount for fiscal year 2024-25 is increased by $730,000 for the following statewide PFAS sampling and testing activities: testing at state-led sites; waterway monitoring; testing fish and wildlife; testing at wastewater treatment plants; and sampling municipal water supplies.

SB1104,,171 (5) Natural resources; PFAS substance emergency measures. In the schedule under s. 20.005 (3) for the appropriation to the department of natural resources under s. 20.370 (4) (mw), the dollar amount for fiscal year 2023-24 is increased by $900,000 and the dollar amount for fiscal year 2024-25 is increased by $900,000 to support emergency measures related to PFAS, such as providing temporary drinking water to homes impacted by groundwater contamination.

SB1104,,172 (6) Natural resources; PFAS fire fighting foam collection. In the schedule under s. 20.005 (3) for the appropriation to the department of natural resources under s. 20.370 (4) (ps), the dollar amount for fiscal year 2023-24 is increased by $1,000,000.