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SB312-SSA1,5 18Section 5. 281.61 (6) of the statutes is amended to read:
SB312-SSA1,9,1219 281.61 (6) Priority list. The department shall establish a priority list that
20ranks each safe drinking water loan program project. The department shall
21promulgate rules for determining project rankings that, to the extent possible, give
22priority to projects that address the most serious risks to human health, that are
23necessary to ensure compliance with the Safe Drinking Water Act, 42 USC 300f to
24300j-26, and that assist applicants that are most in need on a per household basis,
25according to affordability criteria specified in the rules. For the purpose of ranking

1projects under this subsection, the department shall treat a project to upgrade a
2public water system to provide continuous disinfection of the water that it distributes
3as if the public water system were a surface water system that federal law requires
4to provide continuous disinfection. If the department, when ranking projects under
5this subsection or determining an applicant's eligibility for assistance under this
6section, considers whether an applicant that intends to extend service outside the
7boundaries of a local governmental unit because of water contamination is small or
8disadvantaged, the department shall, to the extent allowable under federal law,
9determine the applicant to be small or disadvantaged if the area receiving the
10extended service would normally be determined to be small or disadvantaged,
11regardless of whether the existing service area would normally be determined to be
12small or disadvantaged.
SB312-SSA1,6 13Section 6. 281.75 (5m) of the statutes is created to read:
SB312-SSA1,9,1914 281.75 (5m) Referral to the innocent landowner grant program. If the
15department determines that a claimant that submits a claim under this section on
16the basis of contamination by perfluoroalkyl or polyfluoroalkyl substances would be
17eligible for a grant under the innocent landowner grant program under s. 292.34, and
18moneys are available under s. 292.34, the department may refer the claim to the
19program under s. 292.34 instead of reviewing the claim under this section.
SB312-SSA1,7 20Section 7. 281.75 (7) (c) 2. a. of the statutes is amended to read:
SB312-SSA1,9,2221 281.75 (7) (c) 2. a. Equipment used for treating the water, including a filtration
22device and up to 2 replacement filters
;
SB312-SSA1,8 23Section 8. 292.315 of the statutes is created to read:
SB312-SSA1,9,25 24292.315 Municipal PFAS grant program. (1) Definition. In this section,
25“PFAS” means perfluorooctanesulfonic acid (PFOS), perfluorooctanoic acid (PFOA),

1perfluorohexanesulfonic acid (PFHxS), perfluorononanoic acid (PFNA),
2perfluoroheptanoic acid (PFHpA), perfluorodecanoic acid (PFDA), and any other
3perfluoroalkyl or polyfluoroalkyl substance for which a standard has been
4promulgated under state or federal law or for which a health advisory level has been
5established by the department of health services, if the health advisory level received
6a public comment period of at least 30 days and a response to any written comments
7that cited specific concerns, or by the federal environmental protection agency.
SB312-SSA1,10,8 8(2) Grants. The department shall provide all of the following grants:
SB312-SSA1,10,199 (a) Grants to municipalities to test for PFAS levels at municipal water systems
10and municipal wastewater treatment facilities, or to reimburse municipalities for
11PFAS testing performed after applicable standards for the chemical being tested
12have been promulgated. The department shall base the amount of grant awards
13under this paragraph on the cost of testing and the amount of testing needed in each
14community, while ensuring that funding is available to every eligible applicant that
15submits a claim under this paragraph. The department may not require a
16municipality that submits a claim for a grant under this paragraph to provide
17information other than the basic information necessary to process the claim and may
18not require the recipient of a grant under this paragraph to provide any matching
19funds.
SB312-SSA1,11,220 (b) Grants, provided in equal shares not to exceed $1,800, to entities that are
21not municipalities and that are regulated as public or community water systems for
22the entity to test its drinking water supply for PFAS if required to do so by the
23department, or for reimbursement to the entity for PFAS testing performed after
24applicable standards for the chemical being tested have been promulgated. An entity
25that is not a municipality may apply to the department one time for a grant under

1this paragraph, by a deadline set by the department. The department may not
2require the recipient of a grant under this paragraph to provide any matching funds.
SB312-SSA1,11,73 (c) Grants, provided in equal shares not to exceed $15,000, to privately owned
4solid waste disposal facilities to test for the presence of PFAS in leachate. An entity
5may apply to the department one time for a grant under this paragraph, by a
6deadline set by the department. The department may not require the recipient of a
7grant under this paragraph to provide any matching funds.
SB312-SSA1,11,198 (d) Grants to municipalities to test for PFAS levels at locations that are owned,
9leased, managed, or contracted for by a municipality and where PFAS may be
10present, including airports, water systems, wastewater treatment facilities, or
11contaminated lands, and to test for PFAS levels in leachate at solid waste disposal
12facilities that are owned, leased, managed, or contracted for by a municipality. The
13department may not provide a grant under this paragraph to test for PFAS in a water
14system or wastewater treatment facility if the applicant has received a grant under
15par. (a), unless the applicant demonstrates that it has used all of the grant funds
16provided to it under par. (a). The department shall accept applications for grants and
17provide grants under this paragraph on a rolling basis. The department may not
18require the recipient of a grant under this paragraph to provide matching funds in
19an amount greater than 20 percent of the amount of the grant.
SB312-SSA1,11,2520 (e) Grants to municipalities and privately owned solid waste disposal facilities
21to dispose of PFAS-containing biosolids or leachate at facilities that accept such
22biosolids or leachate. Grant moneys received under this paragraph may not be used
23for any cost associated with landspreading. The department may not require the
24recipient of a grant under this paragraph to provide matching funds in an amount
25greater than 20 percent of the amount of the grant.
SB312-SSA1,12,11
1(f) Grants for capital costs or debt service, including for facility upgrades or new
2infrastructure, to municipalities that are small or disadvantaged or in which rates
3for water or wastewater utilities will increase by more than 20 percent as a direct
4result of steps taken to address PFAS contamination. A grant provided under this
5paragraph may not exceed 50 percent of the municipality's capital or debt service
6costs, and no municipality may receive grants under this paragraph that total more
7than 20 percent of the funding available for grants under this paragraph. The
8department shall accept applications for grants and provide grants under this
9paragraph on a rolling basis. A municipality may submit an application for a grant
10under this program at the same time as submitting an application for a grant under
11s. 281.58 or 281.61.
SB312-SSA1,13,212 (g) Grants to municipalities for capital costs or other costs related to PFAS that
13are not otherwise paid from the environmental improvement fund, including costs
14for addressing solid waste disposal facilities or other contaminated lands owned,
15leased, managed, or contracted for by the municipality and costs incurred by fire
16departments, including to replace PFAS-containing fire fighting foam; and grants
17to municipalities for costs incurred by municipal public utilities or metropolitan
18sewerage districts created under ss. 200.21 to 200.65 for pretreatment or other PFAS
19source reduction measures for an interconnected customer or other regular customer
20if the costs incurred are less than the costs of the upgrades otherwise required at the
21endpoint treatment facility and if the costs are approved by the governing body of the
22municipality or the metropolitan sewerage district. No municipality may receive
23grants under this paragraph that total more than 20 percent of the funding available
24for grants under this paragraph. The department may not require the recipient of
25a grant under this paragraph to provide matching funds in an amount greater than

120 percent of the amount of the grant. The department shall accept applications for
2grants and provide grants under this paragraph on a rolling basis.
SB312-SSA1,13,10 3(3) Limitations. (a) The department may not require the recipient of a grant
4under sub. (2) to take action to address PFAS contamination unless testing
5determines that PFAS levels exceed any applicable limit under state or federal law
6or unless another applicable state or federal law allows the department to require
7the grant recipient to take action. For purposes of this paragraph, a health advisory
8level that has been established by the department of health services does not
9constitute an applicable limit, unless that health advisory level is required to be
10established and is enforceable under federal law.
SB312-SSA1,13,1411 (b) The department may not publicly disclose the results of any PFAS testing
12conducted under this section unless the department notifies the grant recipient at
13least 72 hours before publicly disclosing any test result. This paragraph does not
14apply to any testing required or conducted under ch. 281 or 283.
SB312-SSA1,9 15Section 9. 292.32 of the statutes is created to read:
SB312-SSA1,13,17 16292.32 Limitations on department actions relating to PFAS. (1)
17Definitions. In this section:
SB312-SSA1,13,2118 (a) “Brownfield property” means abandoned or idle industrial or commercial
19facilities or sites or agricultural lands, the expansion, development, or
20redevelopment of which is adversely affected by actual or perceived environmental
21contamination.
SB312-SSA1,13,2322 (b) “Construction project” means a building project that will affect one or more
23parcels.
SB312-SSA1,14,524 (c) “PFAS” means perfluorooctanesulfonic acid (PFOS), perfluorooctanoic acid
25(PFOA), perfluorohexanesulfonic acid (PFHxS), perfluorononanoic acid (PFNA),

1perfluoroheptanoic acid (PFHpA), perfluorodecanoic acid (PFDA), and any other
2perfluoroalkyl or polyfluoroalkyl substance for which a standard has been
3promulgated under state or federal law or for which a health advisory level has been
4established by the federal environmental protection agency, if the health advisory
5level is enforceable under federal law.
SB312-SSA1,14,116 (d) “Public works” means the physical structures and facilities developed or
7acquired by a local unit of government or a federally recognized American Indian
8tribe or band in this state to provide services and functions for the benefit and use
9of the public, including water, sewerage, waste disposal, utilities, and
10transportation, and privately owned solid waste disposal facilities that accept
11residential waste.
SB312-SSA1,14,16 12(2) Brownfields. The department may not require the owner of a brownfield
13property to conduct testing for the presence of PFAS unless the department has
14information, including reporting on the toxics release inventory maintained by the
15U.S. environmental protection agency, that reasonably supports the belief that the
16property previously had a substantial amount of uncontained PFAS.
SB312-SSA1,14,20 17(3) Construction projects. (a) The department may not prevent, delay, or
18otherwise impede any construction project or project of public works on the basis of
19a presence of PFAS contamination unless the department determines any of the
20following:
SB312-SSA1,14,2121 1. The project poses a substantial risk to public health or welfare.
SB312-SSA1,14,2322 2. There is a substantial risk that the project will create worsening
23environmental conditions.
SB312-SSA1,14,2524 3. The entity proposing to complete the project is, as a result of negligence or
25intentional conduct, responsible for the original contamination.
SB312-SSA1,15,5
1(b) If the department believes a project could not be prevented, delayed, or
2otherwise impeded under par. (a) but for a potential violation of a federal water
3quality certification, the department shall seek an exemption to the water quality
4certification. The department shall notify the project owner of the status promptly
5and regularly until a decision is rendered.
SB312-SSA1,15,7 6(4) PFAS testing requirements. If the department conducts testing under this
7chapter for PFAS, the department shall comply with all of the following:
SB312-SSA1,15,108 (a) The department may not collect samples from lands not owned by the state
9without written permission from the landowner to collect samples, to test those
10samples, and to publicly disclose the results of that testing.
SB312-SSA1,15,1411 (b) The department may not publicly disclose the results of any PFAS testing
12conducted on samples taken from lands not owned by the state unless the
13department notifies the landowner of the test results at least 72 hours before publicly
14disclosing the test results.
SB312-SSA1,15,2115 (c) The department may not take any enforcement action based on the results
16of any PFAS testing conducted on samples taken from lands not owned by the state
17unless that testing determines that PFAS levels exceed any applicable limit under
18state or federal law or another applicable state or federal law requires the
19department to take enforcement action against the landowner. This paragraph does
20not limit the ability of a landowner or other authorized party to voluntarily take
21remedial action based on test results collected by the department.
SB312-SSA1,16,3 22(5) PFAS testing requests. The department shall, in a timely manner, respond
23to requests from any person to conduct PFAS testing on samples taken from the
24person's property if practicable and if funds are available to do so, if there is a
25reasonable belief that PFAS contamination may be present on the property, and if

1existing information such as public water supply testing data is not available. The
2department may contract with a 3rd party to respond to requests for testing under
3this paragraph.
SB312-SSA1,10 4Section 10 . 292.34 of the statutes is created to read:
SB312-SSA1,16,6 5292.34 Innocent landowner grant program. (1) In this section, “PFAS”
6has the meaning given in s. 292.315 (1).
SB312-SSA1,16,9 7(2) The department shall administer a program under which the department
8may provide a grant to an eligible person who owns property that is contaminated
9by PFAS.
SB312-SSA1,16,12 10(3) A person is eligible for a grant under this section if the original PFAS
11contamination is not the result of negligence or intentional conduct by the person or
12if the person is any of the following:
SB312-SSA1,16,1313 (a) A person who spread, but did not generate, biosolids contaminated by PFAS.
SB312-SSA1,16,1514 (b) Fire departments and municipalities responding to emergencies that
15required the use of PFAS.
SB312-SSA1,16,1616 (c) Solid waste disposal facilities that accepted PFAS.
SB312-SSA1,16,22 17(4) Grants under this section may be used to cover costs associated with
18additional testing; environmental studies; engineering reports; clean drinking water
19supplies, including temporary potable water, filtration, well replacement, or
20interconnection to a municipal water supply; remediation costs; and any other cost
21resulting from landspreading of contaminated biosolids, detection of groundwater
22contamination, or other contamination events affecting the property.
SB312-SSA1,16,24 23(5) The department shall accept applications for grants and award grants
24under this section on a rolling basis.
SB312-SSA1,17,3
1(6) Grants awarded under this section may not exceed $250,000. The
2department may require the recipient of a grant under this section to provide
3matching funds in an amount not to exceed 5 percent of the amount of the grant.
SB312-SSA1,11 4Section 11. NR 811.12 (1) (g) 2. of the administrative code is renumbered NR
5811.12 (1) (g) 2. (intro.) and amended to read:
SB312-SSA1,17,96 NR 811.12 (1) (g) 2. (intro.) Test wells to be converted to permanent wells or test
7wells to be pumped at a rate of 70 gallons per minute or more for a period of more than
872 hours
All of the following test wells shall be approved by the department prior to
9their construction.:
SB312-SSA1,12 10Section 12. NR 811.12 (1) (g) 2. a., b. and c. of the administrative code are
11created to read:
SB312-SSA1,17,1212 NR 811.12 (1) (g) 2. a. Test wells to be converted to permanent wells.
SB312-SSA1,17,1413 b. Test wells to be pumped at a rate of 70 gallons per minute or more for a period
14of more than 72 hours.
SB312-SSA1,17,1915 c. Test wells located in special well casing depth areas that are designated by
16the department as special well casing depth areas based in whole or in part on the
17presence of perfluoroalkyl or polyfluoroalkyl substances. Approval under this subd.
182. c. shall include review and approval of specifications and plans relating to drilling,
19well casing, and abandonment.
SB312-SSA1,13 20Section 13 . PSC 184.06 of the administrative code is amended to read:
SB312-SSA1,18,4 21PSC 184.06 Emergency work. In case of an emergency resulting from the
22failure of power supply or from fire, storm, or similar events, a utility may begin
23necessary repair work without receiving prior commission authorization. In case of
24an emergency resulting from the contamination of water supply, a utility may begin
25necessary repair, temporary treatment, or other emergency work to address the issue

1without receiving prior commission authorization.
The utility shall promptly notify
2the commission of the emergency work and shall, within 30 days after commencing
3the work, furnish the commission with the information required under s. PSC 184.04
4(3).
SB312-SSA1,14 5Section 14 . Nonstatutory provisions.
SB312-SSA1,18,156 (1) Portable treatment system pilot. The department of natural resources
7shall contract with an entity to conduct a pilot project in which surface water is
8partially or fully diverted to a portable treatment system and treated water is
9returned to the surface water. Project activities under this subsection shall be
10conducted at locations with surface water with the highest concentration of
11perfluoroalkyl or polyfluoroalkyl substances and where a responsible party has not
12been identified or the responsible party is unable to pay for remediation. The
13department of natural resources and the entity contracted under this subsection
14shall evaluate the success of the pilot project by conducting tests upstream and
15downstream of the locations where the portable treatment system is used.
SB312-SSA1,19,216 (2) Remedial action at sites contaminated by PFAS. The department of
17natural resources may begin response and remedial actions, including site
18investigations, at any site contaminated by perfluoroalkyl or polyfluoroalkyl
19substances where a responsible party has not been identified or where the
20department determines that the responsible party is unable to pay for remediation.
21The department of natural resources may contract with a 3rd party to conduct
22response and remedial actions under this subsection. The department of natural
23resources shall prioritize response and remedial actions at sites with the highest
24levels of perfluoroalkyl or polyfluoroalkyl substances and sites with the greatest

1threats to public health or the environment as a result of perfluoroalkyl or
2polyfluoroalkyl substances.
SB312-SSA1,19,123 (3) PFAS testing laboratories. (a) The department of natural resources and
4the Board of Regents of the University of Wisconsin System shall enter into a
5memorandum of understanding to jointly ensure that the state laboratory of hygiene
6provides guidance and other materials, conducts training, and provides assistance
7to laboratories in this state that are certified under s. 299.11 (7) to test for
8contaminants other than perfluoroalkyl or polyfluoroalkyl substances to become
9certified under s. 299.11 (7) to test for perfluoroalkyl or polyfluoroalkyl substances,
10and to assist laboratories in this state that are certified under s. 299.11 (7) to test for
11perfluoroalkyl or polyfluoroalkyl substances in reducing the costs of such testing and
12shortening the timeline for receiving such testing results.
SB312-SSA1,19,2213 (b) The Board of Regents of the University of Wisconsin System, in coordination
14with the department of natural resources, may provide grants to laboratories in this
15state that are certified under s. 299.11 (7) to test for perfluoroalkyl or polyfluoroalkyl
16substances, or that are seeking such certification, to assist with the cost of
17purchasing equipment necessary for testing for perfluoroalkyl or polyfluoroalkyl
18substances. A grant under this paragraph may not exceed 40 percent of the cost of
19such equipment. All laboratories in this state that are certified under s. 299.11 (7)
20to test for perfluoroalkyl or polyfluoroalkyl substances, or that are seeking such
21certification, shall be given equal opportunity to receive a grant under this
22paragraph.
SB312-SSA1,20,223 (c) The state laboratory of hygiene shall prepare a report on its efforts under
24this subsection and shall deliver the report to the joint committee on finance and the

1standing committees with jurisdiction over natural resources and the environment
2no later than August 31, 2025.
SB312-SSA1,20,103 (4) PFAS studies and reporting. (a) In this subsection, “PFAS” means
4perfluorooctanesulfonic acid (PFOS), perfluorooctanoic acid (PFOA),
5perfluorohexanesulfonic acid (PFHxS), perfluorononanoic acid (PFNA),
6perfluoroheptanoic acid (PFHpA), perfluorodecanoic acid (PFDA), and any other
7perfluoroalkyl or polyfluoroalkyl substance for which a standard has been
8promulgated under state or federal law or for which a health advisory level has been
9established by the department of health services or the federal environmental
10protection agency.
SB312-SSA1,20,1511 (b) The department of natural resources and the Board of Regents of the
12University of Wisconsin System shall enter into a memorandum of understanding
13to jointly do all of the following, with the assistance of University of Wisconsin
14institutions, the department of natural resources and other relevant state agencies,
15county land and water conservation departments, and local 3rd parties, if available:
SB312-SSA1,20,17 161. Study and analyze the cost, feasibility, and effectiveness of different methods
17of treating PFAS before they are released into a water system or water body.
SB312-SSA1,20,19 182. Conduct a cost-benefit analysis of different options for disposing of biosolids
19or sludge that contains or may contain PFAS.
SB312-SSA1,20,21 203. Study and analyze the cost, feasibility, and effectiveness of different
21destruction and disposal methods for PFAS.
SB312-SSA1,20,24 224. Study and analyze the migration of PFAS into the bay of Green Bay,
23including where the PFAS are entering the bay and what effects PFAS may have in
24the bay.
SB312-SSA1,21,4
15. Study and analyze the migration of PFAS into the Wisconsin River and its
2tributaries and the Mississippi River and its tributaries, including where the PFAS
3are entering surface waters and unconfined groundwater and what effects PFAS
4may have in those rivers.
SB312-SSA1,21,9 56. Create a comprehensive, interactive map showing all available PFAS testing
6data and whether each data point on the map exceeds any applicable state or federal
7standard for PFAS. Such data may not contain any personally identifiable
8information unless the entity to which the data applies is a municipal entity that is
9required to test and disclose its results under ch. 281 or 283.
SB312-SSA1,21,11 107. Conduct any additional studies related to PFAS, as approved by the joint
11committee on finance.
SB312-SSA1,21,1612 (c) The Board of Regents of the University of Wisconsin System shall require
13the University of Wisconsin-Madison division of extension to provide the map and
14reports on the studies required under this subsection to the joint committee on
15finance and the standing committees with jurisdiction over natural resources and
16the environment no later than 2 years after the effective date of this paragraph.
SB312-SSA1,21,2417 (5) Reports to legislature on progress under this act. For a period of 3 years
18after the effective date of this subsection, the department of natural resources shall,
19every 6 months, submit a report to the joint committee on finance and to the standing
20committees with jurisdiction over natural resources and the environment. The first
21report under this subsection shall be submitted no later than 6 months after the
22effective date of this subsection. The report shall include a detailed description of the
23department's expenditures under this act and a detailed description of the
24department's progress in implementing the provisions of this act.
SB312-SSA1,22,2
1(6) PFAS testing. In the 2023-25 fiscal biennium, the department of natural
2resources shall conduct additional PFAS testing activities.
SB312-SSA1,22,63 (7) Fire fighting foam. The department of natural resources shall survey or
4resurvey local fire departments about their use and possession of PFAS-containing
5fire fighting foam, send communications and information regarding such foam, and
6contract with a 3rd party to collect such foam.
SB312-SSA1,15 7Section 15. Effective dates. This act takes effect on the day after publication,
8except as follows:
SB312-SSA1,22,109 (1) Administrative rules. The treatment of administrative rules takes effect
10as provided in s. 227.265.
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