Under one such exception, if the employee’s spouse is a member of the U.S. armed forces on active duty and is relocated, and the employee quits his or her job in order to relocate with his or her spouse, the employee remains eligible to collect UI benefits. The bill expands this exception so that it applies to an employee who quits employment in order to relocate with a spouse who is required by any employer, not just the U.S. armed forces, to relocate.
Electronic communications
Currently, with certain exceptions, each employer that has employees who are engaged in employment covered by the UI law must file quarterly contribution (tax) and employment and wage reports and make quarterly contribution payments to DWD. An employer of 25 or more employees or an employer agent that files reports on behalf of any employer must file its reports electronically. Current law also requires each employer that makes contributions for any 12-month period ending on June 30 equal to a total of at least $10,000 to make all contribution payments electronically in the following year. Finally, current law allows DWD to provide a secure means of electronic interchange between itself and employing units, claimants, and other persons that, upon request to and with prior approval by DWD, may be used for transmission or receipt of any document specified by DWD that is related to the administration of the UI law in lieu of any other means of submission or receipt.
The bill makes use of these electronic methods mandatory in all cases unless the employer or other person demonstrates good cause for being unable to use the electronic method. The bill specifies what constitutes good cause for purposes of these provisions. The bill also makes various corresponding changes to penalty provisions that apply in the case of nonuse of these required electronic methods. The bill further provides that DWD may permit the use of electronic records and electronic signatures for any document specified by DWD that is related to the administration of the UI law.
Jobs and job training
Wisconsin Fast Forward grants
Under current law, DWD awards grants under what is commonly known as the Wisconsin Fast Forward program, for various workforce training purposes. The bill adds grants for education and training in the use of artificial intelligence to the allowed uses of funds under the program and requires DWD to collaborate with DHS and DPI in administering the program. The bill also requires DWD to allocate moneys under the Wisconsin Fast Forward program as follows:
1. A total of $2,000,000 in GPR funding in fiscal year 2025–26 for green jobs training.
2. A total of $200,000 in GPR funding in each year of the 2025–27 fiscal biennium for grants to help school districts to prepare students for a future that includes artificial intelligence.
3. A total of $1,000,000 in GPR funding in each year of the 2025–27 fiscal biennium to provide grants to support costs of sponsoring teacher apprentices.
4. A total of $500,000 in GPR funding in each year of the 2025–27 fiscal biennium to support training in the health care industry.
Youth to registered apprentice grant program
The bill requires DWD to develop and administer a grant program to award grants to local youth apprenticeship consortia to encourage individuals who are enrolled in youth apprenticeship programs to continue their careers in registered apprenticeship programs. The bill limits grants to no more than $350,000 in any fiscal year.
On-the-job learning grant program
The bill requires DWD to develop and administer a grant program to award grants to employers for costs related to apprenticeship programs, specifically wages for apprentices and costs for mentoring and instruction. Eligible employers are healthcare employers under a pilot program and small or new employers that have never had an apprenticeship program or have not had an apprenticeship program in the particular trade, craft, or business for which the employer seeks the grant in the five years before applying for the grant.
Workforce innovation grant program
The bill requires DWD to establish and operate a program to provide grants to regional organizations to design and implement programs to address their region’s workforce challenges. The bill also provides that in the 2025–26 fiscal year, DWD must allocate $15,000,000 for grants for workforce development in the area of artificial intelligence and $25,000,000 for grants for health care workforce development.
Teacher apprenticeships
DWD is currently operating a teacher apprenticeship pilot program, under which an individual serving as a teacher apprentice earns an associate degree and a bachelor’s degree that satisfy requirements for a license to teach issued by DPI while the individual earns money as a teacher apprentice. The bill requires DWD to, in consultation with DPI, prescribe the conditions under which an individual may serve as a teacher apprentice and to prescribe what an individual must do to demonstrate that the individual has successfully completed a teacher apprenticeship. See Education.
Wisconsin worker advancement program
The bill requires DWD to establish and maintain the Wisconsin worker advancement program to make grants to local organizations for the organizations to provide employment and workforce services.
Discrimination
Civil actions regarding employment discrimination, unfair honesty, and unfair genetic testing
Under current fair employment law, an individual who alleges that an employer has violated employment discrimination, unfair honesty testing, or unfair genetic testing laws may file a complaint with DWD seeking action that will effectuate the purpose of the fair employment law, including reinstating the individual, providing back pay, and paying costs and attorney fees.
The bill allows DWD or an individual who is alleged or was found to have been discriminated against or subjected to unfair honesty or genetic testing to bring an action in circuit court to recover compensatory and punitive damages caused by the act of discrimination, unfair honesty testing, or unfair genetic testing, in addition to or in lieu of filing an administrative complaint. The action in circuit court must be commenced within 300 days after the alleged discrimination, unfair honesty testing, or unfair genetic testing occurred. The bill does not allow such an action for damages to be brought against a local governmental unit or against an employer that employs fewer than 15 individuals.
Under the bill, if the circuit court finds that a defendant has committed employment discrimination, unfair honesty testing, or unfair genetic testing, the circuit court may award back pay and any other relief that could have been awarded in an administrative proceeding. In addition, the circuit court must order the defendant to pay to the individual found to have been discriminated against or found to have received unfair genetic testing or unfair honesty testing compensatory and punitive damages in the amount that the circuit court finds appropriate, except that the total amount of damage awarded for future economic losses and for pain and suffering, emotional distress, mental anguish, loss of enjoyment of life, and other noneconomic losses and punitive damages is subject to the following limitations:
1. If the defendant employs 100 or fewer employees, no more than $50,000.
2. If the defendant employs more than 100 but fewer than 201 employees, no more than $100,000.
3. If the defendant employs more than 200 but fewer than 501 employees, no more than $200,000.
4. If the defendant employs more than 500 employees, no more than $300,000.
The bill requires DWD to annually revise these amounts on the basis of the change in the consumer price index in the previous year, if any positive change has occurred.
Employment discrimination based on conviction record
The bill provides that it is employment discrimination for a prospective employer to request conviction information from a job applicant before the applicant has been selected for an interview.
The bill, however, does not prohibit an employer from notifying job applicants that an individual with a particular conviction record may be disqualified by law or the employer’s policies from employment in particular positions.
Employment discrimination based on gender expression and gender identity
Current law prohibits discrimination in employment on the basis of a person’s sex or sexual orientation. The bill prohibits employers from discriminating against an employee on the basis of the employee’s gender identity or gender expression. Gender expression is defined in the bill as an individual’s actual or perceived gender-related appearance, behavior, or expression, regardless of whether these traits are stereotypically associated with the individual’s assigned sex at birth. Gender identity is defined in the bill an individual’s internal understanding of the individual’s gender, or the individual’s perceived gender identity.
Administration and finance
Worker’s compensation; appropriations
Under current law, the costs of DWD’s administration of the worker’s compensation program is generally funded by a general worker’s compensation operations appropriation under the worker’s compensation operations fund. However, the worker’s compensation uninsured employers program and certain other worker’s compensation activities are instead funded by a separate appropriation from the worker’s compensation operations fund. The bill does the following:
1. Eliminates the separate appropriation and instead funds the worker’s compensation uninsured employers program and those other activities from the general appropriation.
2. Changes the general appropriation for worker’s compensation from a sum certain to a sum sufficient appropriation.
Elimination of automatic transfer
Under current law, administration of the worker’s compensation program is funded from a DWD appropriation from the worker’s compensation operations fund. The Labor Industry and Review Commission (LIRC) decides appeals of worker’s compensation decisions for DWD. Under current law, moneys are automatically transferred from the DWD appropriation to a LIRC appropriation account to pay for those hearing activities. The bill eliminates this automatic transfer of moneys to the LIRC appropriation account. The bill retains the LIRC appropriation, but funds it directly from the worker’s compensation operations fund, in an amount set in the appropriation schedule in ch. 20, stats. With this change, any money remaining in the LIRC appropriation at the end of a fiscal year will lapse to the worker’s compensation operations fund.
Wisconsin Fast forward training appropriation
The bill changes from an annual appropriation to a continuing appropriation an appropriation for training programs, grants, services, and contracts that are part of DWD’s Wisconsin Fast Forward program.
Youth apprenticeship appropriation change
Under current law, DWD may award grants to local partnerships for youth apprenticeship programs. The grant program is funded through a sum certain appropriation. The bill changes that appropriation to a sum sufficient appropriation.
Migrant labor camp facilities
The bill excludes from the definition of “migrant labor camp” bed and breakfasts, hotels, and rooming houses that are required to be licensed by DATCP.
Migrant labor contractors and migrant labor camps
Under current law, migrant labor contractors are required to have a certificate of registration from DWD, which the contractor must renew annually. To receive the certificate, the contractor must provide an application, which must be accompanied by a fee. Also under current law, a person that maintains a migrant labor camp is required to have a certificate from DWD to operate the camp, which the person must renew annually. To receive the certificate, the operator of the camp must provide an application, which must be accompanied by a fee. Current law requires that these fees be deposited in the state general fund and not credited to a specific appropriation. The bill instead requires that the fees be credited to the DWD auxiliary services appropriation and authorizes that appropriation to be used for administrative costs related to the migrant labor program administered by DWD.
ENVIRONMENT
PFAS
The bill contains several provisions relating to perfluoroalkyl and polyfluoroalkyl substances (PFAS).
Spills law exemptions and requirements for PFAS
Under current law provisions known as the “spills law,” a person that possesses or controls a hazardous substance or that causes the discharge of a hazardous substance must notify DNR immediately, restore the environment to the extent practicable, and minimize the harmful effects from the discharge. If action is not being adequately taken, or the identity of the person responsible for the discharge is unknown, DNR may take emergency action to contain or remove the hazardous substance; the person that possessed or controlled the hazardous substance that was discharged or that caused the discharge of the hazardous substance must then reimburse DNR for expenses DNR incurred in taking such emergency actions. The spills law allows DNR to enter property to take emergency action if entry is necessary to prevent increased environmental damages, and to inspect any record relating to a hazardous substance for the purpose of determining compliance with the spills law. DNR may also require that preventive measures be taken by any person possessing or having control over a hazardous substance if existing control measures are inadequate to prevent discharges.
The bill exempts a person who possesses or controls property where a PFAS discharge occurred from all of the requirements, if all of the following apply:
1. The property is exclusively used for agricultural use or residential use.
2. The discharge was caused by land application of sludge according to a water pollutant discharge elimination system (WPDES) permit.
3. The person who possesses or controls the property allows DNR, any responsible party, and any consultant or contractor of a responsible party to enter the property to take action to respond to the discharge.
4. The person who possesses or controls the property 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.
5. The person who possesses or controls the property follows any other condition that DNR determines is reasonable and necessary to ensure that DNR, the responsible party, or any consultant or contractor of the responsible party 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.
6. The person who possesses or controls the property allows DNR to limit public access to the property if DNR determines it is necessary to prevent an imminent threat to human health, safety, or welfare or to the environment.
Under the bill, this exemption applies only to PFAS for which there is a state or federal standard, a public health recommendation from DHS, or a health advisory issue by the federal Environmental Protection Agency. The exemption also does not apply after December 31, 2035. The exemption does not apply to any substances other than PFAS, and does not apply if the person that possesses or controls the property takes action that worsens or contributes to the PFAS discharge.
The bill requires a person that is exempt from these provisions to provide written disclosure of the type and location of the PFAS contamination and remediation activities to any prospective purchaser or tenant of the property. The bill also provides that the exemption may not be transferred to subsequent owners of the property; each person that possesses or controls the property must establish eligibility for the exemption.
The bill also provides that DNR may not use the fact that a person has applied for financial assistance under the state’s well compensation program, the county well testing grant program created in the bill, or any other state grant programs funded by the federal American Rescue Plan Act of 2021 to determine whether the person is a person that possesses or controls a hazardous substance or that causes the discharge of a hazardous substance for purposes of applying the spills law.
Finally, the bill provides that, if there is no existing standard for a hazardous substance, the person that possesses or controls the hazardous substance or that caused the discharge of the hazardous substance must propose site-specific environmental standards for DNR approval.
Groundwater standards for PFAS
Under current law, DNR maintains a list of substances that have a reasonable probability of entering the groundwater resources of the state and that are shown to involve public health concerns. DHS recommends groundwater enforcement standards for substances on this list, which DNR then proposes as DNR rules in its rule-making process. The bill requires DNR to begin the rule-making process to adopt DHS’s recommended groundwater enforcement standards for any PFAS within three months after receiving DHS’s recommendation.
Rule-making exemptions for PFAS
Current law requires an agency to suspend working on a permanent rule if it determines that the proposed rule may result in more than $10,000,000 in implementation and compliance costs over any two-year period. Current law also allows standing committees of the legislature and the Joint Committee for the Review of Administrative Rules (JCRAR) to review, approve, object to, or modify a proposed rule. If JCRAR objects to all or part of a proposed rule, that rule may not be promulgated unless a bill is introduced and enacted that authorizes the promulgation of the rule. In addition, current law allows JCRAR to suspend rules that have already been promulgated; if the rule suspended is an emergency rule, the agency that promulgated the emergency rule is prohibited from proposing a permanent rule that contains the same substance as the suspended emergency rule. The bill creates an exemption from these provisions for any proposed or existing DNR rule that establishes acceptable levels and standards, enforcement standards and preventative action limits, performance standards, monitoring requirements, or required response actions for any PFAS compound or group or class of PFAS in groundwater, drinking water, surface water, air, soil, or sediment.
PFAS community grant program
The bill creates a community grant program, administered by DNR, to address PFAS. Under the program, DNR must provide grants to cities, towns, villages, counties, tribal governments, utility districts, lake protections districts, sewerage districts, and municipal airports (municipalities). DNR may award a grant only if the applicant tested or trained with a PFAS-containing firefighting foam in accordance with applicable state and federal law, or a third party tested or trained with PFAS-containing firefighting foam within the boundaries of the municipality; the applicant applied biosolids to land under a WPDES permit issued by DNR; PFAS are impacting the applicant’s drinking water supply or surface water or groundwater within the municipality and the responsible party is unknown or is unwilling or unable to take the necessary response actions; or PFAS contamination in groundwater is impacting private wells within the area controlled by the municipality.
Under the bill, grants provided under this program may be used to investigate potential PFAS impacts in order to reduce or eliminate environmental contamination; treat or dispose of PFAS-containing firefighting foam containers; sample a private water supply within three miles of a site or facility known to contain PFAS or to have caused a PFAS discharge; assist private well owners with the cost of installation of filters, treatment, or well replacement; provide a temporary emergency water supply, a water treatment system, or bulk water to replace water contaminated with PFAS; conduct emergency, interim, or remedial actions to mitigate, treat, dispose of, or remove PFAS contamination; remove or treat PFAS in public water systems in areas where PFAS levels exceed the maximum contaminant level for PFAS in drinking water or an enforcement standard for PFAS groundwater or in areas where the state has issued a health advisory for PFAS; create a new public water system or connect private well owners to an existing public water system in areas with widespread PFAS contamination in private wells; or sample and test water in schools and daycares for PFAS contamination.
An applicant that receives a grant under this program must contribute matching funds equal to at least 20 percent of the amount of the grant. The applicant must apply for a grant on a form prescribed by DNR and must include any information that DNR finds is 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. In awarding grants under this program, DNR must consider the applicant’s demonstrated commitment to performing and completing eligible activities, including the applicant’s financial commitment and ability to successfully administer grants; the degree to which the project will have a positive impact on public health and the environment; and any other criteria that DNR finds necessary to prioritize the funds available for awarding grants.
County PFAS well testing grant program
The bill also creates a grant program, under which DNR provides grants to counties to provide sampling and testing services to private well owners to sample and test for PFAS, nitrates, bacteria, and lead. The bill creates an appropriation to be funded from the segregated PFAS fund for this purpose.
PFAS under the Safe Drinking Water Loan Program
Under current law, DOA and DNR administer the Safe Drinking Water Loan Program (SDWLP), which provides financial assistance from the environmental improvement program to municipalities, and to the private owners of community water systems that serve municipalities, for projects that will help the municipality comply with federal drinking water standards. DNR establishes a funding priority list for SDWLP projects, and DOA allocates funding for those projects.
The bill requires DNR, when ranking the priority of SDWLP projects, to rank a project relating to PFAS in the same manner as if a maximum contaminant level for PFAS had been attained or exceeded, if DHS has recommended an enforcement standard for the type of PFAS involved in the project.
Mediator for municipalities seeking alternate water sources due to PFAS
Under the bill, if a municipality’s private water supplies have been contaminated by PFAS and the municipality is seeking an alternate water supply from another municipality, DNR may appoint a mediator to assist in negotiations between the two municipalities. Under the bill, this provision only applies if the contaminating PFAS is in excess of a state or federal drinking water standard, a state groundwater standard, or a public health recommendation from DHS. The bill provides that the person responsible for the contamination may participate in the negotiations. The bill requires DNR to promulgate rules to implement these provisions, including rules for the allocation of the cost of a mediator.
Landspreading and PFAS
Under current law, a wastewater treatment facility, and any person that wishes to land spread sludge, must obtain a WPDES permit from DNR. DNR is required to include conditions in such permits to ensure compliance with water quality standards.
Under the bill, a WPDES permit that allows the permittee to land spread sludge must also include a condition that requires the permittee to annually test the sludge for any type of PFAS for which there is a state or federal standard, a public health recommendation from DHS, or a health advisory from the federal Environmental Protection Agency. The permittee must report the sampling and testing results to DNR and to the property owner before applying the sludge.
Additionally, a WPDES permit issued to a treatment work must require the permittee to test all sludge for the presence of PFAS and to report the testing results to DNR.
Proof of financial responsibility for PFAS contamination
The bill also provides that DNR 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 PFAS, or who manufactures products that contain intentionally added PFAS, to provide proof of financial responsibility for remediation and long-term care to address contamination by a potential discharge of PFAS or environmental pollution that may be caused by a discharge of PFAS. This financial responsibility requirement does not apply to a person that is exempt from the spills law under the provisions of the bill.
Environmental justice impacts of PFAS transportation and disposal
