Amendment AA2-SB559

CORRECTED COPY

LRBa1409/1

MCP:all

2019 - 2020 LEGISLATURE

ASSEMBLY AMENDMENT 2, TO SENATE BILL 559

February 20, 2020 - Offered by Representative Swearingen.

SB559-AA2,1,1 At the locations indicated, amend the bill as follows:

SB559-AA2,1,4 1. Page 1, line 2: after “districts" insert “, PFAS laboratory standards, PFAS research and investigations, and providing an exemption from emergency rule procedures".

SB559-AA2,1,5 2. Page 2, line 2: after that line insert:

SB559-AA2,1,6 “ Section 2d. 36.25 (56) (a) 3. of the statutes is created to read:

SB559-AA2,1,12 36.25 (56) (a) 3. Studying, with schools of public health, PFAS, the human health effects of PFAS, the safe destruction and disposal of PFAS, and safe levels of PFAS in the human body, groundwater, and drinking water, and providing information relating to these studies to the public. In conducting the studies under this subdivision, the collaborative shall consult all available research and science. In this subdivision, “PFAS” means perfluoroalkyl or polyfluoroalkyl substances.

SB559-AA2,2k Section 2k. 36.25 (56) (f) of the statutes is created to read:

SB559-AA2,2,7 36.25 (56) (f) No later than January 1, 2021, the board shall submit a report showing the scientifically safe levels determined under par. (a) 3. to the chief clerk of each house of the legislature for distribution under s. 13.172 (3) to the standing committees having jurisdiction over matters regarding natural resources. The board may notify the chief clerk of the legislature if it needs additional time to complete the report under this paragraph, and the clerk shall notify the standing committees having jurisdiction over matters regarding natural resources.

SB559-AA2,2n Section 2n. 281.62 (5) of the statutes is created to read:

SB559-AA2,2,20 281.62 (5) The department shall, when no responsible party for contamination is available: test water samples for the presence of any perfluoroalkyl or polyfluoroalkyl substance for which the department has received a recommendation from the department of health services under s. 160.07 (3), in noncommunity water systems, as defined in sub. (1) (b), municipal water systems, as defined in s. 160.257 (1) (c), and private wells for which the owner consents, that are in proximity to sites or facilities listed in the department's online Bureau for Remediation and Redevelopment Tracking System as containing perfluoroalkyl or polyfluoroalkyl contamination or as having discharged perfluoroalkyl or polyfluoroalkyl substances; investigate emerging contaminants that are perfluoroalkyl or polyfluoroalkyl substances in those areas; and provide temporary potable water or treatment systems in those areas.

SB559-AA2,2p Section 2p. Nonstatutory provisions.

SB559-AA2,2,22 (1) Testing laboratories; emergency rules.

SB559-AA2,3,7 (a) The department of natural resources shall use the procedure under s. 227.24 to promulgate, no later than the first day of the 7th month beginning after the effective date of this paragraph, emergency rules 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) (a) and (3), the department of natural resources is not required to provide evidence that promulgating a rule under this paragraph 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 paragraph.

SB559-AA2,3,10 (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.

SB559-AA2,3,16 (c) Emergency rules promulgated under par. (a) for drinking water shall be based on federal environmental protection agency protocols, if any, for testing for perfluoroalkyl and polyfluoroalkyl substances. In promulgating emergency rules under par. (a) for nondrinking water, the department of natural resources shall take into consideration the latest version of the federal department of defense's Quality Systems Manual for Environmental Laboratories.

SB559-AA2,3,21 (2) Biennial budget request. The 2021-23 biennial budget request to the department of administration from the department of natural resources shall include funding for addressing any perfluoroalkyl and polyfluoroalkyl substance for which the department has received a recommendation from the department of health services under s. 160.07 (3).

SB559-AA2,4,2 (3) Recovery of costs. The department of natural resources is entitled to recover the costs of testing, investigations, and providing temporary potable water under s. 281.62 (5) from a responsible party who has used a fire fighting foam containing a substance for which the costs are incurred. Reimbursements to the department of natural resources under this subsection shall be credited to the environmental fund for environmental management.

SB559-AA2,4,4 (4) Reconciliation provision. The treatment of s. 36.25 (56) (a) 3. and (f) is void if 2019 Assembly Bill 801 or 2019 Senate Bill 712 is not enacted.”.

SB559-AA2,4,5 (End)