AB50: Bill Text

AB50,2532 Section 2532. 281.34 (2) of the statutes is amended to read:

AB50,1253,11 281.34 (2) Approval required for high capacity wells. Except as provided under sub. (2g), an owner shall apply to the department for approval before construction of a high capacity well begins. Except as provided under sub. (2g), no person may construct or withdraw water from a high capacity well without the approval of the department under this section or under s. 281.17 (1), 2001 stats. An owner applying for approval under this subsection shall pay a fee of $500 $1,000.

AB50,2533 Section 2533. 281.54 of the statutes is created to read:

AB50,1253,14 281.54 County well testing grant program. (1) Definitions. In this section:

AB50,1253,15 (a) “PFAS” means a perfluoroalkyl or polyfluoroalkyl substance.

AB50,1253,16 (b) “Private water supply” has the meaning given in s. 281.77 (1) (a).

AB50,1253,20 (2) Financial assistance. The department shall administer a program to provide grants from the appropriation under s. 20.370 (6) (ew) 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.

AB50,1253,22 (3) Rule making. The department shall promulgate rules to administer this section.

AB50,2534 Section 2534. 281.57 (7) (c) 1. of the statutes, as affected by 2017 Wisconsin Act 59, is amended to read:

AB50,1254,7 281.57 (7) (c) 1. Metropolitan sewerage districts that serve 1st class cities are limited in each fiscal year to receiving total grant awards not to exceed 33 percent of the sum of the amounts in the schedule for that fiscal year for the appropriation under s. 20.165 (2) (kf) and the amount authorized under sub. (10) for that fiscal year plus the unencumbered balance at the end of the preceding fiscal year for the amount authorized under sub. (10). This subdivision is not applicable to grant awards provided during fiscal years 1985-86, 1986-87, 1988-89 and 1989-90.

AB50,2535 Section 2535. 281.59 (4) (f) of the statutes is amended to read:

AB50,1254,20 281.59 (4) (f) Revenue obligations may be contracted by the building commission when it reasonably appears to the building commission that all obligations incurred under this subsection, and all payments under an agreement or ancillary arrangement entered into under s. 18.55 (6) with respect to revenue obligations issued under this subsection, can be fully paid on a timely basis from moneys received or anticipated to be received. Revenue obligations issued under this subsection for the clean water fund program and safe drinking water loan program shall not exceed $2,526,700,000 $3,323,300,000 in principal amount, excluding obligations issued to refund outstanding revenue obligation notes. The building commission may contract additional revenue obligations in an amount up to $24,700,000. The building commission may contract additional revenue obligations in an amount up to $46,000,000.

AB50,2536 Section 2536. 281.61 (6) of the statutes is amended to read:

AB50,1255,13 281.61 (6) Priority list. The department shall establish a priority list that ranks each safe drinking water loan program project. The department shall promulgate rules for determining project rankings that, to the extent possible, give priority to projects that address the most serious risks to human health, that are necessary to ensure compliance with the Safe Drinking Water Act, 42 USC 300f to 300j-26, and that assist applicants that are most in need on a per household basis, according to affordability criteria specified in the rules. For the purpose of ranking projects under this subsection, the department shall treat a project to upgrade a public water system to provide continuous disinfection of the water that it distributes as if the public water system were a surface water system that federal law requires to provide continuous disinfection. For the purpose of ranking projects under this subsection, if the department of health services has recommended an enforcement standard for a perfluoroalkyl or polyfluoroalkyl substance, the department of natural resources shall treat a project relating to that perfluoroalkyl or polyfluoroalkyl substance as if a maximum contaminant level for that substance has been attained or exceeded.

AB50,2537 Section 2537. 281.61 (8) (b) of the statutes is created to read:

AB50,1255,17 281.61 (8) (b) The department of administration shall allocate the amount appropriated under s. 20.320 (2) (a) to projects involving forgivable loans to private users of public water systems to replace lead service lines.

AB50,2538 Section 2538. 281.73 of the statutes is created to read:

AB50,1255,21 281.73 Winter road safety improvement grants. (1) The department shall develop and administer a program to provide financial assistance to municipalities for eligible expenditures for equipment critical to winter road safety.

AB50,1255,22 (2) An individual grant awarded under this section may not exceed $75,000.

AB50,1256,3 (3) The department shall promulgate rules necessary to administer this section, including rules that specify criteria for determining eligible recipients and expenditures, which shall include expenditures for live-edge blades, salt spreader control systems, brine mixers, and structural upgrades to salt storage facilities to prevent ground water contamination.

AB50,1256,5 (4) From the appropriation under s. 20.370 (6) (aa), the department may award grants to eligible recipients for eligible expenditures under this section.

AB50,2539 Section 2539. 281.75 (1) (b) (intro.), 1., 2. and 3. of the statutes are amended to read:

AB50,1256,9 281.75 (1) (b) (intro.) “Contaminated well” or “contaminated private water supply” means a well or private water supply which that does any of the following:

AB50,1256,12 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;.

AB50,1256,14 2. Produces water containing one or more substances of public health concern in excess of an enforcement standard under ch. 160; or.

AB50,1256,18 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.

AB50,2540 Section 2540. 281.75 (1) (b) 4. of the statutes is created to read:

AB50,1256,21 281.75 (1) (b) 4. Produces water containing at least 10 parts per billion of arsenic or at least 10 parts per million of nitrate nitrogen.

AB50,2541 Section 2541. 281.75 (1) (b) 5. of the statutes is created to read:

AB50,1257,3 281.75 (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.

AB50,2542 Section 2542. 281.75 (1) (f) of the statutes is amended to read:

AB50,1257,6 281.75 (1) (f) “Private water supply” means a residential water supply or, a livestock water supply, or a transient noncommunity water supply.

AB50,2543 Section 2543. 281.75 (1) (gm) of the statutes is created to read:

AB50,1257,13 281.75 (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.

AB50,2544 Section 2544. 281.75 (4m) (a) of the statutes is amended to read:

AB50,1257,18 281.75 (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.

AB50,2545 Section 2545. 281.75 (5) (f) of the statutes is amended to read:

AB50,1258,2 281.75 (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.

AB50,2546 Section 2546. 281.75 (5) (g) of the statutes is created to read:

AB50,1258,6 281.75 (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:

AB50,1258,8 1. Claims based on water containing more than 40 parts per million of nitrate nitrogen.

AB50,1258,10 2. Claims based on water containing more than 30 but not more than 40 parts per million of nitrate nitrogen.

AB50,1258,12 3. Claims based on water containing more than 25 but not more than 30 parts per million of nitrate nitrogen.

AB50,1258,14 4. Claims based on water containing more than 20 but not more than 25 parts per million of nitrate nitrogen.

AB50,1258,16 5. Claims based on water containing more than 10 but not more than 20 parts per million of nitrate nitrogen.

AB50,2547 Section 2547. 281.75 (6) (a) of the statutes is amended to read:

AB50,1258,21 281.75 (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.

AB50,2548 Section 2548. 281.75 (7) (a) of the statutes is amended to read:

AB50,1259,5 281.75 (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.

AB50,2549 Section 2549. 281.75 (7) (am) of the statutes is created to read:

AB50,1259,9 281.75 (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.

AB50,2550 Section 2550. 281.75 (7) (b) of the statutes is repealed.

AB50,2551 Section 2551. 281.75 (9) of the statutes is repealed.

AB50,2552 Section 2552. 281.79 of the statutes is created to read:

AB50,1259,14 281.79 Negotiations for alternate source of water due to PFAS contamination. (1) Definitions. In this section:

AB50,1259,16 (a) “Municipality” means a city, village, town, county, utility district, lake protection district, sewerage district, or municipal airport.

AB50,1259,17 (b) “Private water supply” has the meaning given in s. 281.77 (1) (a).

AB50,1260,5 (2) Mediation. A municipality that contains private water supplies that have been contaminated by a perfluoroalkyl or polyfluoroalkyl substance in excess of a state or federal drinking water standard, a state groundwater standard, or a public health recommendation from the department of health services under s. 160.07 may request that the department appoint a mediator to assist in negotiations for the supply of an alternate source of water provided by or connected to a water supply located within another municipality. The department may not appoint a mediator under this section unless the department receives written consent from both municipalities. A person responsible under s. 292.11 (3), if any, may participate in negotiations. The department shall promulgate rules to implement this section, including rules for the allocation of the cost of the mediator.

AB50,2553 Section 2553. 283.31 (4) (g) of the statutes is created to read:

AB50,1260,17 283.31 (4) (g) That, if the permit allows for the land application of sewage sludge, the permittee shall, before first applying sludge and at least once per year thereafter, sample and test the sludge for all perfluoroalkyl or polyfluoroalkyl substances for which there is a state or federal standard, a public health recommendation from the department of health services under s. 160.07, or a health advisory issued by the federal environmental protection agency. The permittee shall, before applying sludge to land in any year, report the sampling and testing results to the department and to the property owner of each tax parcel upon which sludge will be applied. The sampling and testing required under this paragraph shall be in addition to any sampling and testing otherwise required under the permit.

AB50,2554 Section 2554. 283.31 (4) (h) of the statutes is created to read:

AB50,1260,21 283.31 (4) (h) That, if the permittee is a treatment work, the permittee will test all sewage sludge for the presence of perfluoroalkyl or polyfluoroalkyl substances and report the testing results to the department.

AB50,2555 Section 2555. 283.31 (8) of the statutes is amended to read:

AB50,1261,7 283.31 (8) The holder of a permit under this section for a concentrated animal feeding operation shall annually pay to the department a fee of $345 $545, which shall be credited to the appropriation account under s. 20.370 (9) (ag). The department shall annually submit a report to the joint committee on finance and, under s. 13.172 (3), to the standing committees of the legislature with jurisdiction over agricultural and environmental matters describing the use of the moneys credited to the appropriation account under s. 20.370 (9) (ag) under this subsection and the use of the moneys appropriated under s. 20.370 (9) (ap).

AB50,2556 Section 2556. 283.33 (8m) of the statutes is created to read:

AB50,1261,13 283.33 (8m) Rules for storm water pond safety. The department shall promulgate rules under sub. (8) establishing that any pond located in an area with a population density of not less than 1,000 people per square mile that is constructed as part of an activity for which a permit is required under sub. (1) or s. 283.31 must include one or more of the following features for safety:

AB50,1261,14 (a) A shallow ledge around the periphery of the pond.

AB50,1261,16 (b) Vegetation that is not less than 24 inches high between the pond and any easy point of access.

AB50,1261,17 (c) Any other alternative safety feature authorized by the department by rule.

AB50,2557 Section 2557. 283.35 (1) of the statutes is amended to read:

AB50,1261,23 283.35 (1) Authorization. Instead of issuing a separate permit to an individual point source, the department may issue a general permit applicable to a designated area of the state authorizing discharges from specified categories or classes of point sources located within that area. The department shall charge a processing fee of $425 for each permit issued under this subsection.

AB50,2558 Section 2558. 283.35 (1m) of the statutes is repealed.

AB50,2559 Section 2559. 285.69 (2) (a) 12. of the statutes is amended to read:

AB50,1262,5 285.69 (2) (a) 12. That the fee billed in 2013 and each year thereafter to 2024 equals $35.71 per ton of emissions specified under subd. 8. and that the fee billed in 2025 and each year thereafter equals $63.69 per ton of emissions specified under subd. 8.

AB50,2560 Section 2560. 289.33 (3) (d) of the statutes is amended to read:

AB50,1262,24 289.33 (3) (d) “Local approval” includes any requirement for a permit, license, authorization, approval, variance or exception or any restriction, condition of approval or other restriction, regulation, requirement or prohibition imposed by a charter ordinance, general ordinance, zoning ordinance, resolution or regulation by a town, city, village, county or special purpose district, including without limitation because of enumeration any ordinance, resolution or regulation adopted under s. 91.73, 2007 stats., s. 59.03 (2), 59.11 (5), 59.42 (1), 59.48, 59.51 (1) and (2), 59.52 (2), (5), (6), (7), (8), (9), (11), (12), (13), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25), (26) and (27), 59.53 (1), (2), (3), (4), (5), (7), (8), (9), (11), (12), (13), (14), (15), (19), (20) and (23), 59.535 (2), (3) and (4), 59.54 (1), (2), (3), (4), (4m), (5), (6), (7), (8), (10), (11), (12), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25) (a), and (26), 59.55 (3), (4), (5) and (6), 59.56 (1), (2), (4), (5), (6), (7), (9), (10), (11), (12), (12m), (13) and (16), 59.57 (1), 59.58 (1) and (5), 59.62, 59.69, 59.692, 59.693, 59.696, 59.697, 59.698, 59.70 (1), (2), (3), (5), (7), (8), (9), (10), (11), (21), (22) and (23), 59.79 (1), (2), (3), (5), (7), (8), and (10), 59.792 (2) and (3), 59.80, 59.82, 60.10, 60.22, 60.23, 60.54, 60.77, 61.34, 61.35, 61.351, 61.353, 61.354, 62.11, 62.23, 62.231, 62.233, 62.234, 66.0101, 66.0415, 87.30, 196.58, 200.11 (8), 236.45, 281.43 or 349.16, subch. VIII of ch. 60, or subch. III of ch. 91.

AB50,2561 Section 2561. 292.11 (8m) of the statutes is created to read:

AB50,1263,5 292.11 (8m) Site-specific standards. If no standard exists for a hazardous substance, the person responsible under sub. (3) shall propose site-specific environmental standards for department approval for the actions required under this chapter and rules promulgated under this chapter.

AB50,2562 Section 2562. 292.11 (9) (g) of the statutes is created to read:

AB50,1263,10 292.11 (9) (g) 1. In this paragraph, “PFAS” means a perfluoroalkyl or polyfluoroalkyl substances for which there is a state or federal standard, a public health recommendation from the department of health services under s. 160.07, or a health advisory issued by the federal environmental protection agency.

AB50,1263,13 2. Except as provided in subd. 3, a person who possesses or controls property where a PFAS discharge occurred is exempt from subs. (3), (4), and (7) (b) and (c) for the PFAS discharge if all of the following apply:

AB50,1263,14 a. The property is exclusively used for agricultural use or residential use.

AB50,1263,16 b. The discharge was caused by land application of sludge permitted under ch. 283.

AB50,1263,21 c. The person who possesses or controls the property where the PFAS discharge occurred agrees to allow the department, any authorized representatives of the department, any party that possessed or controlled the PFAS or caused the discharge of the PFAS, and any consultant or contractor of such a party to enter the property to take action to respond to the discharge.

AB50,1264,2 d. The person who possesses or controls the property where the PFAS discharge occurred does not interfere with any action taken in response to the discharge and does not take any action that worsens or contributes to the PFAS discharge.

AB50,1264,8 e. The person who possesses or controls the property where the PFAS discharge occurred follows any other condition that the department determines is reasonable and necessary to ensure that the department or other person described in subd. 2. c. is able to adequately respond to the discharge, including taking action necessary to protect human health, safety, or welfare or the environment, taking into consideration the current or intended use of the property.

AB50,1264,12 f. The person who possesses or controls the property where the PFAS discharge occurred allows the department to limit public access to the property if the department determines such limitation of access is necessary to prevent an imminent threat to human health, safety, or welfare or to the environment.

AB50,1264,14 3. a. The exemption under subd. 2. does not apply to any substances other than PFAS.

AB50,1264,17 b. The exemption under subd. 2. does not apply if the person that possesses or controls the property where the PFAS discharge occurred takes action that worsens or contributes to the PFAS discharge.