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2019 - 2020 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 2,
TO SENATE BILL 310
January 21, 2020 - Offered by Senators Miller and Hansen.
SB310-SSA2,1,9 1An Act to amend 292.31 (1) (d) (intro.); and to create 20.370 (4) (aa), 20.370 (4)
2(ab), 20.370 (4) (ad), 20.370 (4) (ae), 20.370 (4) (ak), 160.07 (4) (f), 160.07 (7),
3160.15 (4), 281.17 (8) (c), 285.27 (2) (bm), 292.31 (1) (d) 1m., 292.74, 299.15 (2m)
4and 299.48 of the statutes; relating to: setting standards for certain
5contaminants, regulating fire fighting foam that contains certain
6contaminants, providing information relating to off-site disposal of certain
7waste, extending the time limit for emergency rule procedures, providing an
8exemption from emergency rule procedures, granting rule-making authority,
9and making an appropriation.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB310-SSA2,1 10Section 1 . 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
11the following amounts for the purposes indicated: - See PDF for table PDF
SB310-SSA2,2 1Section 2 . 20.370 (4) (aa) of the statutes is created to read:
SB310-SSA2,2,52 20.370 (4) (aa) PFAS modeling. From the general fund, as a continuing
3appropriation, the amounts in the schedule to create a model to assist in identifying
4and prioritizing sites with likely contamination by perfluoroalkyl or polyfluoroalkyl
5substances or environmental pollution caused by such substances.
SB310-SSA2,3 6Section 3 . 20.370 (4) (ab) of the statutes is created to read:
SB310-SSA2,2,107 20.370 (4) (ab) PFAS emergency responder survey. From the general fund,
8as a continuing appropriation, the amounts in the schedule to conduct a survey of
9local and state emergency responders and the use of fire fighting foam containing
10perfluoroalkyl or polyfluoroalkyl substances.
SB310-SSA2,4 11Section 4 . 20.370 (4) (ad) of the statutes is created to read:
SB310-SSA2,2,1412 20.370 (4) (ad) PFAS general operations. Biennially, from the general fund,
13the amounts in the schedule for the administration and enforcement of activities
14relating to perfluoroalkyl or polyfluoroalkyl substances.
SB310-SSA2,5
1Section 5. 20.370 (4) (ae) of the statutes is created to read:
SB310-SSA2,3,42 20.370 (4) (ae) PFAS landfills. Biennially, from the general fund, the
3amounts in the schedule for sampling and testing leachate and groundwater from
4landfills for perfluoroalkyl and polyfluoroalkyl substances.
SB310-SSA2,6 5Section 6 . 20.370 (4) (ak) of the statutes is created to read:
SB310-SSA2,3,106 20.370 (4) (ak) PFAS investigation and assistance. From the general fund,
7as a continuing appropriation, the amounts in the schedule for investigating
8emerging contaminants that are perfluoroalkyl or polyfluoroalkyl substances and
9providing temporary potable water or treatment systems when no responsible party
10for a contamination is available.
SB310-SSA2,7 11Section 7 . 160.07 (4) (f) of the statutes is created to read:
SB310-SSA2,3,1512 160.07 (4) (f) In recommending an enforcement standard for a perfluoroalkyl
13or polyfluoroalkyl substance, the department of health services may recommend
14individual standards for each substance, a standard for these substances as a class,
15or standards for groups of these substances.
SB310-SSA2,8 16Section 8 . 160.07 (7) of the statutes is created to read:
SB310-SSA2,3,2317 160.07 (7) If the department of health services recommends an enforcement
18standard for a perfluoroalkyl or polyfluoroalkyl substance or a group or class of such
19substances under this section, the department shall apply the standard as an interim
20enforcement standard for that substance, including through sampling, monitoring,
21and testing, and any other actions required by rules promulgated by the department,
22unless emergency or permanent rules that establish an enforcement standard for
23that substance are in effect.
SB310-SSA2,9 24Section 9 . 160.15 (4) of the statutes is created to read:
SB310-SSA2,4,6
1160.15 (4) Notwithstanding sub. (1), if an interim enforcement standard for a
2perfluoroalkyl or polyfluoroalkyl substance is applied under s. 160.07 (7), the
3department shall apply an interim preventive action limit for that substance of 20
4percent of the concentration established as the interim enforcement standard,
5unless emergency or permanent rules that establish a preventive action limit for that
6substance are in effect.
SB310-SSA2,10 7Section 10 . 281.17 (8) (c) of the statutes is created to read:
SB310-SSA2,4,148 281.17 (8) (c) If the department of health services recommends an enforcement
9standard for a perfluoroalkyl or polyfluoroalkyl substance or a group or class of such
10substances under s. 160.07, the department shall apply the standard as an interim
11maximum contaminant level for public water systems, water suppliers, and
12laboratories certified to analyze drinking water, in accordance with rules
13promulgated by the department, unless emergency or permanent rules that
14establish maximum contaminant levels for that substance are in effect.
SB310-SSA2,11 15Section 11 . 285.27 (2) (bm) of the statutes is created to read:
SB310-SSA2,4,2116 285.27 (2) (bm) Standard for PFAS. The department shall determine whether
17an emission standard for any known perfluoroalkyl or polyfluoroalkyl substance or
18a group or class of such substances is needed to provide adequate protection for public
19health or welfare under par. (b). If the department finds that the standard is needed
20to provide adequate protection for public health or welfare, the department shall
21promulgate an emission standard for that substance.
SB310-SSA2,12 22Section 12 . 292.31 (1) (d) (intro.) of the statutes is amended to read:
SB310-SSA2,5,623 292.31 (1) (d) Access to information. (intro.) Upon the request of any officer,
24employee, or authorized representative of the department, any person who
25generated, transported, treated, stored, or disposed of solid or hazardous waste

1which that may have been disposed of at a site or facility under investigation by the
2department and any person who generated solid or hazardous waste at a site or
3facility under investigation by the department that was transported to, treated at,
4stored at, or disposed of at another site, facility, or location
shall provide the officer,
5employee, or authorized representative access to any records or documents in that
6person's custody, possession, or control which relate to:
SB310-SSA2,13 7Section 13 . 292.31 (1) (d) 1m. of the statutes is created to read:
SB310-SSA2,5,108 292.31 (1) (d) 1m. The type and quantity of waste generated at the site or
9facility that was transported to, treated at, stored at, or disposed of at another site,
10facility, or location, and the dates and locations of these activities.
SB310-SSA2,14 11Section 14 . 292.74 of the statutes is created to read:
SB310-SSA2,6,2 12292.74 Financial responsibility for PFAS. The department may, if it
13determines doing so is necessary to protect human health or the environment,
14require a person who possesses or controls a perfluoroalkyl or polyfluoroalkyl
15substance to provide proof of financial responsibility for conducting emergency
16response actions, remedial actions, environmental repair, and long-term care to
17address contamination by a potential discharge of perfluoroalkyl or polyfluoroalkyl
18substances or environmental pollution that may be caused by a discharge of such
19substances. The department shall establish, by rule, the procedure for determining
20whether requiring a proof of financial responsibility is necessary to protect human
21health or the environment, and may establish requirements for types of financial
22responsibility, methods for calculating amounts of financial responsibility, access
23and default, bankruptcy notifications, and any other requirements the department
24determines is necessary under this section. The proof of financial responsibility

1required under this section shall be in addition to any other proof of financial
2responsibility or financial assurance required under this chapter.
SB310-SSA2,15 3Section 15 . 299.15 (2m) of the statutes is created to read:
SB310-SSA2,6,64 299.15 (2m) The department shall consider all known perfluoroalkyl or
5polyfluoroalkyl substances to be air contaminants for purposes of sub. (2) (a) 2. The
6reporting level for these substances is zero pounds per year.
SB310-SSA2,16 7Section 16 . 299.48 of the statutes is created to read:
SB310-SSA2,6,9 8299.48 Fire fighting foam containing PFAS. (1) Definitions. In this
9section:
SB310-SSA2,6,1110 (a) “Class B fire fighting foam” means a foam designed for use on a flammable
11liquid fire.
SB310-SSA2,6,1212 (b) “PFAS” means a perfluoroalkyl or polyfluoroalkyl substance.
SB310-SSA2,6,15 13(2) Prohibition. Except as provided under sub. (3), no person may use or
14otherwise discharge, including for training purposes, a class B fire fighting foam that
15contains intentionally added PFAS.
SB310-SSA2,6,17 16(3) Exemptions. The prohibition under sub. (2) does not apply to any of the
17following:
SB310-SSA2,6,2018 (a) The use or discharge of a class B fire fighting foam that contains
19intentionally added PFAS as part of an emergency fire fighting or fire prevention
20operation.
SB310-SSA2,6,2521 (b) The use of class B fire fighting foam that contains intentionally added PFAS
22for testing purposes, including calibration testing, conformance testing, or fixed
23system testing, if the testing facility has implemented appropriate containment,
24treatment, and disposal measures to prevent releases of the foam to the
25environment.
SB310-SSA2,7,3
1(4) Construction. Nothing in this section shall be construed as prohibiting the
2manufacture, sale, or distribution of a class B fire fighting foam that contains
3intentionally added PFAS.
SB310-SSA2,7,6 4(5) Rules. The department shall promulgate rules to implement and
5administer this section, including to determine appropriate containment, treatment,
6and disposal measures for testing facilities under sub. (3) (b).
SB310-SSA2,17 7Section 17 . Nonstatutory provisions.
SB310-SSA2,7,118 (1) Rules for fire fighting foam. The department of natural resources shall
9use the procedure under s. 227.24 to promulgate rules under s. 299.48 (5) no later
10than the first day of the 7th month beginning after the effective date of this
11subsection.
SB310-SSA2,7,1312 (2) Emergency rules for PFAS in drinking water, groundwater, surface
13water, solid waste, beds of navigable waters, and contaminated soil and sediment.
SB310-SSA2,7,2414 (a) The department of natural resources shall promulgate emergency rules
15under s. 227.24 establishing acceptable levels and standards, performance
16standards, monitoring requirements, and required response actions for any
17perfluoroalkyl or polyfluoroalkyl substance or group or class of such substances,
18which the department determines may be harmful to human health or the
19environment, in drinking water under s. 281.17 (8); groundwater under ss. 160.07
20(5) and 160.15; surface water from point sources under ss. 283.11 (4) and 283.21 and
21from nonpoint sources under s. 281.16; air under s. 285.27 (2) (bm), if the standards
22are needed to provide adequate protection for public health or welfare; solid waste
23and solid waste facilities under chs. 289 and 291; beds of navigable waters under s.
2430.20; and soil and sediment under chs. 289 and 292.
SB310-SSA2,8,11
1(b) The department of natural resources shall promulgate emergency rules
2under s. 227.24 to add any perfluoroalkyl or polyfluoroalkyl substance or group or
3class of such substances that the department determines may be harmful to human
4health or the environment to the list of toxic pollutants under s. 283.21 (1) (a) for
5purposes of setting toxic effluent standards or prohibitions under s. 283.11 (4); to add
6to the list of hazardous constituents under s. 291.05 (4) any perfluoroalkyl or
7polyfluoroalkyl substance or group or class of such substances for which the
8department determines that the listing is necessary to protect public health, safety,
9or welfare; and to administer and enforce ch. 292 in relation to remedial actions
10involving perfluoroalkyl or polyfluoroalkyl substances or a group or class of such
11substances.
SB310-SSA2,8,1712 (c) Notwithstanding any finding required under par. (a) or (b), emergency rules
13promulgated under pars. (a) and (b) shall include, at a minimum, perfluorooctane
14sulfonic acid, perfluorooctanoic acid, perfluorohexane sulfonic acid,
15perfluorononanoic acid, perfluorobutane sulfonic acid, and perfluoroheptanoic acid
16and shall include provisions for enforcing these standards, including requiring
17sampling, monitoring, testing, and response actions.
SB310-SSA2,8,2418 (d) Notwithstanding s. 227.24 (1) (c) and (2), emergency rules promulgated
19under pars. (a) and (b) remain in effect until July 1, 2022, or the date on which
20permanent rules take effect, whichever is sooner. Notwithstanding s. 227.24 (1) (a)
21and (3), the department of natural resources is not required to provide evidence that
22promulgating a rule under this subsection as an emergency rule is necessary for the
23preservation of public peace, health, safety, or welfare and is not required to provide
24a finding of emergency for a rule promulgated under this subsection.
SB310-SSA2,9,7
1(3) Water quality standards for PFAS. The department of natural resources
2shall promulgate, under s. 281.15, water quality standards for perfluorooctane
3sulfonic acid, perfluorooctanoic acid, perfluorohexane sulfonic acid,
4perfluorononanoic acid, perfluorobutane sulfonic acid, and perfluoroheptanoic acid
5and any other perfluoroalkyl or polyfluoroalkyl substance or group or class of such
6substances that the department determines may be harmful to human health and
7necessary to protect a water's designated use.
SB310-SSA2,9,138 (4) List of groundwater contaminants. The department of natural resources
9shall add to the list of groundwater contaminants under s. 160.05 any perfluoroalkyl
10and polyfluoroalkyl substance or group or class of such substances that is shown to
11involve public health concerns and that has a reasonable probability of entering the
12groundwater and shall categorize and rank those substances according to the
13provisions of s. 160.05.
SB310-SSA2,9,1414 (5) Testing laboratories; emergency rules.
SB310-SSA2,9,2515 (a) The department of natural resources shall promulgate emergency rules
16under s. 227.24 establishing criteria for certifying laboratories to test for any
17perfluoroalkyl or polyfluoroalkyl substances, including the standards and methods
18for such testing, and shall certify laboratories that meet these criteria.
19Notwithstanding s. 227.24 (1) (c) and (2), emergency rules promulgated under this
20subsection remain in effect until July 1, 2022, or the date on which permanent rules
21take effect, whichever is sooner. Notwithstanding s. 227.24 (1) (a) and (3), the
22department of natural resources is not required to provide evidence that
23promulgating a rule under this subsection as an emergency rule is necessary for the
24preservation of public peace, health, safety, or welfare and is not required to provide
25a finding of emergency for a rule promulgated under this subsection.
SB310-SSA2,10,3
1(b) Before emergency rules are promulgated under par. (a), the department of
2natural resources may require testing for a perfluoroalkyl or polyfluoroalkyl
3substance to be done according to any nationally recognized procedures.
SB310-SSA2,10,74 (6) Position authorizations; natural resources. The authorized FTE
5positions for the department of natural resources are increased by 7.5 GPR positions
6on the effective date of this subsection, to be funded from the appropriation under
7s. 20.370 (4) (ad), for the purpose of administering the provisions of this act.
SB310-SSA2,18 8Section 18 . Fiscal change.
SB310-SSA2,10,149 (1) Position authorizations; health services. In the schedule under s. 20.005
10(3) for the appropriation to the department of health services under s. 20.435 (1) (a),
11the dollar amount for fiscal years 2019-20 and 2020-21 is increased by $248,600 in
12each fiscal year to increase the authorized FTE positions for the department by 4.0
13GPR research scientist positions for the purpose of recommending enforcement
14standards for perfluoroalkyl and polyfluoroalkyl substances under s. 160.07.
SB310-SSA2,19 15Section 19. Effective dates. This act takes effect on the day after publication,
16except as follows:
SB310-SSA2,10,1817 (1) The treatment of ss. 281.17 (8) (c) and 299.48 takes effect on the first day
18of the 7th month beginning after publication.
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