Amendment SSA2-SB310

SB310-SSA2,15 Section 15 . 299.15 (2m) of the statutes is created to read:

SB310-SSA2,6,6 299.15 (2m) The department shall consider all known perfluoroalkyl or polyfluoroalkyl substances to be air contaminants for purposes of sub. (2) (a) 2. The reporting level for these substances is zero pounds per year.

SB310-SSA2,16 Section 16 . 299.48 of the statutes is created to read:

SB310-SSA2,6,9 299.48 Fire fighting foam containing PFAS. (1) Definitions. In this section:

SB310-SSA2,6,11 (a) “Class B fire fighting foam” means a foam designed for use on a flammable liquid fire.

SB310-SSA2,6,12 (b) “PFAS” means a perfluoroalkyl or polyfluoroalkyl substance.

SB310-SSA2,6,15 (2) Prohibition. Except as provided under sub. (3), no person may use or otherwise discharge, including for training purposes, a class B fire fighting foam that contains intentionally added PFAS.

SB310-SSA2,6,17 (3) Exemptions. The prohibition under sub. (2) does not apply to any of the following:

SB310-SSA2,6,20 (a) The use or discharge of a class B fire fighting foam that contains intentionally added PFAS as part of an emergency fire fighting or fire prevention operation.

SB310-SSA2,6,25 (b) The use of class B fire fighting foam that contains intentionally added PFAS for testing purposes, including calibration testing, conformance testing, or fixed system testing, if the testing facility has implemented appropriate containment, treatment, and disposal measures to prevent releases of the foam to the environment.

SB310-SSA2,7,3 (4) Construction. Nothing in this section shall be construed as prohibiting the manufacture, sale, or distribution of a class B fire fighting foam that contains intentionally added PFAS.

SB310-SSA2,7,6 (5) Rules. The department shall promulgate rules to implement and administer this section, including to determine appropriate containment, treatment, and disposal measures for testing facilities under sub. (3) (b).

SB310-SSA2,17 Section 17 . Nonstatutory provisions.

SB310-SSA2,7,11 (1) Rules for fire fighting foam. The department of natural resources shall use the procedure under s. 227.24 to promulgate rules under s. 299.48 (5) no later than the first day of the 7th month beginning after the effective date of this subsection.

SB310-SSA2,7,13 (2) Emergency rules for PFAS in drinking water, groundwater, surface water, solid waste, beds of navigable waters, and contaminated soil and sediment.

SB310-SSA2,7,24 (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, which the department determines may be harmful to human health or the environment, in drinking water under s. 281.17 (8); groundwater under ss. 160.07 (5) and 160.15; surface water from point sources under ss. 283.11 (4) and 283.21 and from nonpoint sources under s. 281.16; air under s. 285.27 (2) (bm), if the standards are needed to provide adequate protection for public health or welfare; solid waste and solid waste facilities under chs. 289 and 291; beds of navigable waters under s. 30.20; and soil and sediment under chs. 289 and 292.

SB310-SSA2,8,11 (b) The department of natural resources shall promulgate emergency rules under s. 227.24 to 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); to 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; and to administer and enforce ch. 292 in relation to remedial actions involving perfluoroalkyl or polyfluoroalkyl substances or a group or class of such substances.

SB310-SSA2,8,17 (c) Notwithstanding any finding required under par. (a) or (b), emergency rules promulgated under pars. (a) and (b) shall include, at a minimum, perfluorooctane sulfonic acid, perfluorooctanoic acid, perfluorohexane sulfonic acid, perfluorononanoic acid, perfluorobutane sulfonic acid, and perfluoroheptanoic acid and shall include provisions for enforcing these standards, including requiring sampling, monitoring, testing, and response actions.

SB310-SSA2,8,24 (d) Notwithstanding s. 227.24 (1) (c) and (2), emergency rules promulgated under pars. (a) and (b) remain in effect until July 1, 2022, 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.

SB310-SSA2,9,7 (3) Water quality standards for PFAS. The department of natural resources shall promulgate, under s. 281.15, water quality standards for perfluorooctane sulfonic acid, perfluorooctanoic acid, perfluorohexane sulfonic acid, perfluorononanoic acid, perfluorobutane sulfonic acid, and perfluoroheptanoic acid and any other perfluoroalkyl or polyfluoroalkyl substance or group or class of such substances that the department determines may be harmful to human health and necessary to protect a water's designated use.

SB310-SSA2,9,13 (4) List of groundwater contaminants. The department of natural resources shall add to the list of groundwater contaminants under s. 160.05 any perfluoroalkyl and polyfluoroalkyl substance or group or class of such substances that is shown to involve public health concerns and that has a reasonable probability of entering the groundwater and shall categorize and rank those substances according to the provisions of s. 160.05.

SB310-SSA2,9,14 (5) Testing laboratories; emergency rules.

SB310-SSA2,9,25 (a) The department of natural resources shall promulgate emergency rules under s. 227.24 establishing criteria for certifying laboratories to test for any perfluoroalkyl or polyfluoroalkyl substances, including the standards and methods for such testing, and shall certify laboratories that meet these criteria. Notwithstanding s. 227.24 (1) (c) and (2), emergency rules promulgated under this subsection remain in effect until July 1, 2022, 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.

SB310-SSA2,10,3 (b) Before emergency rules are promulgated under par. (a), the department of natural resources may require testing for a perfluoroalkyl or polyfluoroalkyl substance to be done according to any nationally recognized procedures.

SB310-SSA2,10,7 (6) Position authorizations; natural resources. The authorized FTE positions for the department of natural resources are increased by 7.5 GPR positions on the effective date of this subsection, to be funded from the appropriation under s. 20.370 (4) (ad), for the purpose of administering the provisions of this act.

SB310-SSA2,18 Section 18 . Fiscal change.

SB310-SSA2,10,14 (1) Position authorizations; health services. 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 years 2019-20 and 2020-21 is increased by $248,600 in each fiscal year 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.

SB310-SSA2,19 Section 19. Effective dates. This act takes effect on the day after publication, except as follows:

SB310-SSA2,10,18 (1) The treatment of ss. 281.17 (8) (c) and 299.48 takes effect on the first day of the 7th month beginning after publication.

SB310-SSA2,10,19 (End)