This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
In addition, under the bill, if DNR determines that a claimant who is applying
for a grant under the well compensation grant program on the basis of PFAS
contamination would be eligible for a grant under the innocent landowner grant
program created under the bill, and funding under that program is available, DNR
must refer the claimant's application to that program instead of processing it under
the well compensation grant program. If the claimant is denied under the innocent
landowner grant program, DNR must refer the claim back to the well compensation
grant program.

Portable water treatment system pilot project
The bill requires DNR to contract with an entity to conduct a pilot project in
which PFAS-contaminated surface water is partially or fully diverted to a portable
treatment system and treated water is returned to the surface water. DNR and the
entity must conduct tests to evaluate the success of the pilot project.
Remedial action at sites contaminated by PFAS
The bill allows DNR, or a contracted third party, to begin response and remedial
actions, including site investigations, at any PFAS-contaminated site where a
responsible party has not been identified or where the responsible party qualifies for
a grant under the innocent landowner grant program. The bill directs DNR to
prioritize response and remedial actions at sites that have the highest levels of PFAS
contamination and sites with the greatest threats to public health or the
environment because of PFAS.
Assistance for testing laboratories
The bill requires DNR and the Board of Regents of the University of Wisconsin
System to enter into a memorandum of understanding to ensure that the state
laboratory of hygiene provides guidance and other materials, conducts training, and
provides assistance to laboratories in this state that are certified to test for
contaminants other than PFAS in order for them to become certified to test for PFAS,
and to assist laboratories certified to test for PFAS in this state to reduce their testing
costs and shorten the timeline for receiving test results.
Under the bill, the Board of Regents, in coordination with DNR, may provide
grants to laboratories in this state that are certified to test for PFAS, or that are
seeking such certification, to assist with up to 40 percent of the costs of purchasing
equipment necessary for testing for PFAS.
The bill requires the state laboratory of hygiene to prepare a report on these
efforts and provide the report to the legislature.
PFAS studies and reporting
The bill requires DNR and the Board of Regents of the University of Wisconsin
System to enter into a memorandum of understanding to 1) study and analyze the
cost, feasibility, and effectiveness of different methods of treating PFAS before they
are released into a water system or water body; 2) conduct a cost-benefit analysis of
different options for disposing of biosolids or sludge that contains or may contain
PFAS; 3) study and analyze the cost, feasibility, and effectiveness of different
destruction and disposal methods for PFAS; 4) study and analyze the cost, feasibility,
and effectiveness of different methods for remediating PFAS that leave the
contaminated medium in place and methods that remove the contaminated medium;
5) study and analyze the migration of PFAS into the bay of Green Bay; 6) study and
analyze the migration of PFAS into the Wisconsin and Mississippi Rivers and their
tributaries; 7) create a comprehensive, interactive map showing all available PFAS
testing data and, for each data point, whether it exceeds any applicable state or
federal standard for PFAS; and 8) conduct any additional studies related to PFAS,
as approved by the Joint Committee on Finance. Such data may not contain any

personally identifiable information unless the entity to which the data applies is a
municipal entity that is required to test and disclose its results under state law.
DNR reporting requirements
The bill requires DNR to report to the legislature once every six months for a
period of three years to provide a detailed description of DNR's expenditures under
the bill and a detailed description of DNR's progress in implementing the provisions
of the bill.
Clean Water Fund Program and Safe Drinking Water Loan Program
Under current law, the Department of Administration and DNR administer the
Safe Drinking Water Loan Program (SDWLP), which provides financial assistance
to municipalities, and to the private owners of community water systems that serve
municipalities, for projects that will help the municipalities comply with federal
drinking water standards. DNR establishes a funding priority list for SDWLP
projects, and DOA allocates funding for those projects. Also under current law, DNR
administers the Clean Water Fund Program (CWFP), which provides financial
assistance to municipalities for projects to control water pollution, such as sewage
treatment plants.
Under the bill, if DNR, when ranking SDWLP or CWFP projects or determining
an applicant's eligibility for assistance under those programs, considers whether an
applicant that intends to extend service outside municipal boundaries because of
water contamination is “small” or “disadvantaged,” DNR must determine the
applicant to be small or disadvantaged if the area receiving the extended service
would normally be determined to be small or disadvantaged, regardless of whether
the existing service area would normally be determined to be small or
disadvantaged.
Public water utility projects
Under current law, a public utility may not engage in certain construction,
expansion, or other projects unless the Public Service Commission grants a
certificate of authority (CA) for the proposed project. Under the bill, if a water public
utility or a combined water and sewer public utility (water utility) fails to obtain a
CA before commencing a project for which one is required, PSC may not investigate,
impose a penalty against, or bring an action to enjoin the water utility if 1) the water
utility undertook the project in response to a public health concern caused by PFAS,
the presence of which was unknown to the water utility until shortly before it
commenced the project and the water utility provides evidence showing that the
utility has exceeded or is likely to exceed the applicable state or federal standard for
that type of PFAS; 2) the water utility promptly notifies PSC of the work and, within
30 days after commencing the work, submits the appropriate application and
supporting documentation to PSC; and 3) the total cost of the project is not greater
than $2,000,000.
In the PSC administrative code, the bill adds an emergency resulting from
water supply contamination to the circumstances under which PSC authorization is
not necessary prior to a utility beginning necessary repair work. The current
administrative code limits this to an emergency resulting from the failure of power
supply or from fire, storm, or similar events.

Use of revenue for PFAS source reduction measures
The bill authorizes a municipal public utility or metropolitan sewerage district
to use revenues from its water or sewerage services for up to half of the cost of
pretreatment or other PFAS source reduction measures for an interconnected
customer or other regular customer if the costs incurred are less than the costs of the
upgrades otherwise required at the endpoint treatment facility and if the costs are
approved by the governing body of the municipality or the metropolitan sewerage
district.
Test wells for community water systems
Under rules promulgated by DNR relating to community water systems (a
system for providing piped water for human consumption to the public and that
serves at least 15 service connections used by year-round residents or regularly
serves at least 25 year-round residents), DNR must pre-approve any test wells that
will be converted into permanent wells and any test wells that will pump at least 70
gallons per minute for more than 72 hours. DNR rules require test wells to be drilled
for permanent wells for community water systems to determine geologic formation
information and water quality and quantity data. DNR rules also allow DNR to
designate special well casing depth areas within which wells must be drilled to a
greater depth and meet other requirements to avoid contamination.
This bill provides that test wells for community water systems must also be
approved by DNR if they are located in special well casing depth areas that have been
designated based in whole or in part on the presence of PFAS.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB312-SSA2,1 1Section 1 . 66.0811 (4) of the statutes is created to read:
SB312-SSA2,7,92 66.0811 (4) Notwithstanding subs. (2) and (3) and s. 66.0901 (11), a municipal
3public utility or a metropolitan sewerage district created under ch. 200 may use
4funds derived from its water or sewerage services for up to one-half the cost of
5pretreatment or other perfluoroalkyl and polyfluoroalkyl substances source
6reduction measures for an interconnected customer or other regular customer if the
7costs incurred are less than the costs of the upgrades otherwise required at the
8endpoint treatment facility and if the costs are approved by the governing body of the
9municipality or the metropolitan sewerage district.
SB312-SSA2,2 10Section 2 . 196.49 (7) of the statutes is created to read:
SB312-SSA2,8,5
1196.49 (7) With respect to a water public utility or a combined water and sewer
2public utility, the commission may not investigate, impose a penalty against, or bring
3an action to enjoin the public utility for failing to obtain a certificate of authority
4before commencing a project for which one is required under this section if all of the
5following apply:
SB312-SSA2,8,106 (a) The public utility undertook the project in response to a public health
7concern caused by PFAS, as defined in s. 292.315 (1), the presence of which was
8unknown to the public utility until shortly before it commenced the project, and the
9public utility provides evidence showing that the utility has exceeded or is likely to
10exceed the applicable promulgated state or federal standard for that type of PFAS.
SB312-SSA2,8,1311 (b) The public utility promptly notifies the commission of the work and, within
1230 days after commencing the work, submits the appropriate application and
13supporting documentation to the commission.
SB312-SSA2,8,1414 (c) The total cost of the project is not greater than $2,000,000.
SB312-SSA2,3 15Section 3. 281.58 (8e) of the statutes is renumbered 281.58 (8e) (am).
SB312-SSA2,4 16Section 4. 281.58 (8e) (bm) of the statutes is created to read:
SB312-SSA2,8,2417 281.58 (8e) (bm) If the department, when ranking projects under this
18subsection or determining an applicant's eligibility for assistance under this section,
19considers whether an applicant that intends to extend service outside the boundaries
20of a municipality because of water contamination is small or disadvantaged, the
21department shall, to the extent allowable under federal law, determine the applicant
22to be small or disadvantaged if the area receiving the extended service would
23normally be determined to be small or disadvantaged, regardless of whether the
24existing service area would normally be determined to be small or disadvantaged.
SB312-SSA2,5 25Section 5. 281.61 (6) of the statutes is amended to read:
SB312-SSA2,9,19
1281.61 (6) Priority list. The department shall establish a priority list that
2ranks each safe drinking water loan program project. The department shall
3promulgate rules for determining project rankings that, to the extent possible, give
4priority to projects that address the most serious risks to human health, that are
5necessary to ensure compliance with the Safe Drinking Water Act, 42 USC 300f to
6300j-26, and that assist applicants that are most in need on a per household basis,
7according to affordability criteria specified in the rules. For the purpose of ranking
8projects under this subsection, the department shall treat a project to upgrade a
9public water system to provide continuous disinfection of the water that it distributes
10as if the public water system were a surface water system that federal law requires
11to provide continuous disinfection. If the department, when ranking projects under
12this subsection or determining an applicant's eligibility for assistance under this
13section, considers whether an applicant that intends to extend service outside the
14boundaries of a local governmental unit because of water contamination is small or
15disadvantaged, the department shall, to the extent allowable under federal law,
16determine the applicant to be small or disadvantaged if the area receiving the
17extended service would normally be determined to be small or disadvantaged,
18regardless of whether the existing service area would normally be determined to be
19small or disadvantaged.
SB312-SSA2,6 20Section 6. 281.75 (5m) of the statutes is created to read:
SB312-SSA2,9,2521 281.75 (5m) Referral to the innocent landowner grant program. If the
22department determines that a claimant that submits a claim under this section on
23the basis of contamination by perfluoroalkyl or polyfluoroalkyl substances would be
24eligible for a grant under the innocent landowner grant program under s. 292.34, and
25moneys are available under s. 292.34, the department shall refer the claim to the

1program under s. 292.34 instead of reviewing the claim under this section. If the
2claimant's claim is denied under s. 292.34, the department shall refer the claim back
3to the program under this section.
SB312-SSA2,7 4Section 7. 281.75 (7) (c) 2. a. of the statutes is amended to read:
SB312-SSA2,10,65 281.75 (7) (c) 2. a. Equipment used for treating the water, including a filtration
6device and up to 2 replacement filters
;
SB312-SSA2,8 7Section 8. 292.315 of the statutes is created to read:
SB312-SSA2,10,9 8292.315 Municipal PFAS grant program. (1) Definition. In this section,
9“PFAS” means any perfluoroalkyl or polyfluoroalkyl substance.
SB312-SSA2,10,13 10(1m) Applicability. This section applies only to PFAS for which there is a state
11or federal standard, a public health recommendation from the department of health
12services under s. 160.07, or a health advisory issued by the federal environmental
13protection agency.
SB312-SSA2,10,14 14(2) Grants. The department shall provide all of the following grants:
SB312-SSA2,11,215 (a) Grants to municipalities to test for PFAS levels at municipal water systems
16and municipal wastewater treatment facilities, or to reimburse municipalities for
17PFAS testing performed at properties owned, leased, managed, or contracted for by
18those municipalities after applicable standards for the chemical being tested have
19been promulgated. The department shall base the amount of grant awards under
20this paragraph on the cost of testing and the amount of testing needed in each
21community, while ensuring that funding is available to every eligible applicant that
22submits a claim under this paragraph. The department may not require a
23municipality that submits a claim for a grant under this paragraph to provide
24information other than the basic information necessary to process the claim and may

1not require the recipient of a grant under this paragraph to provide any matching
2funds.
SB312-SSA2,11,103 (b) Grants, provided in equal shares not to exceed $1,800, to entities that are
4not municipalities and that are regulated as public or community water systems for
5the entity to test its drinking water supply for PFAS if required to do so by the
6department, or for reimbursement to the entity for PFAS testing performed after
7applicable standards for the chemical being tested have been promulgated. An entity
8that is not a municipality may apply to the department one time for a grant under
9this paragraph, by a deadline set by the department. The department may not
10require the recipient of a grant under this paragraph to provide any matching funds.
SB312-SSA2,11,1611 (c) Grants, provided in equal shares not to exceed $15,000, to the owner or
12manager of, or the holder of a solid waste facility license issued by the department
13for, privately owned solid waste disposal facilities to test for the presence of PFAS in
14leachate. An entity may apply to the department one time for a grant under this
15paragraph, by a deadline set by the department. The department may not require
16the recipient of a grant under this paragraph to provide any matching funds.
SB312-SSA2,12,817 (d) Grants to municipalities to test for PFAS levels at locations that are owned,
18leased, managed, or contracted for by a municipality and where PFAS may be
19present, including airports, water systems, wastewater treatment facilities, or
20contaminated lands, and to test for PFAS levels in leachate at solid waste disposal
21facilities that are owned, leased, managed, or contracted for by a municipality. If the
22property is not owned by the municipality, the department may not issue a grant
23under this paragraph unless the property owner has given the municipality written
24consent for the municipality to enter the property and conduct testing or the ability
25to enter the property and conduct testing is permitted under an existing agreement

1between the property owner and the municipality. The department may not provide
2a grant under this paragraph to test for PFAS in a water system or wastewater
3treatment facility if the applicant has received a grant under par. (a), unless the
4applicant demonstrates that it has used all of the grant funds provided to it under
5par. (a). The department shall accept applications for grants and provide grants
6under this paragraph on a rolling basis. The department may not require the
7recipient of a grant under this paragraph to provide matching funds in an amount
8greater than 20 percent of the amount of the grant.
SB312-SSA2,12,179 (e) Grants to municipalities and the owner or manager of, or the holder of a solid
10waste facility license issued by the department for, privately owned solid waste
11disposal facilities to dispose of PFAS-containing biosolids or leachate at facilities
12that accept such biosolids or leachate or to purchase and install on-site treatment
13systems to address PFAS contained in biosolids or leachate. Grant moneys received
14under this paragraph may not be used for any cost associated with landspreading.
15The department may not require the recipient of a grant under this paragraph to
16provide matching funds in an amount greater than 20 percent of the amount of the
17grant.
SB312-SSA2,13,518 (f) Grants for capital costs or debt service, including for facility upgrades or new
19infrastructure, to municipalities that are small or disadvantaged or in which rates
20for water or wastewater utilities will increase by more than 20 percent as a direct
21result of steps taken to address PFAS contamination. A grant provided under this
22paragraph may not exceed 50 percent of the municipality's capital or debt service
23costs, and no municipality may receive grants under this paragraph that total more
24than 20 percent of the funding available for grants under this paragraph. The
25department shall give priority under this paragraph to projects that are necessary

1to address an exceedance of an applicable promulgated state or federal standard.
2The department shall accept applications for grants and provide grants under this
3paragraph on a rolling basis. A municipality may submit an application for a grant
4under this program at the same time as submitting an application for financial
5assistance under s. 281.58 or 281.61.
SB312-SSA2,13,236 (g) Grants to municipalities for capital costs or other costs related to PFAS that
7are not otherwise paid from the environmental improvement fund, including costs
8for addressing solid waste disposal facilities or other contaminated lands owned,
9leased, managed, or contracted for by the municipality and costs incurred by fire
10departments, including to replace PFAS-containing fire fighting foam; grants to
11municipalities for the preparation and implementation of pollutant minimization
12plans; and grants to municipalities for costs incurred by municipal public utilities or
13metropolitan sewerage districts created under ch. 200 for pretreatment or other
14PFAS source reduction measures for an interconnected customer or other regular
15customer if the costs incurred are less than the costs of the upgrades otherwise
16required at the endpoint treatment facility and if the costs are approved by the
17governing body of the municipality or the metropolitan sewerage district. No
18municipality may receive grants under this paragraph that total more than 20
19percent of the funding available for grants under this paragraph. The department
20may not require the recipient of a grant under this paragraph to provide matching
21funds in an amount greater than 20 percent of the amount of the grant. The
22department shall accept applications for grants and provide grants under this
23paragraph on a rolling basis.
SB312-SSA2,14,2 24(3) Limitations. (a) The department may not require the recipient of a grant
25under sub. (2) to take action to address PFAS contamination unless testing

1demonstrates that PFAS levels exceed any applicable promulgated standard under
2state or federal law.
SB312-SSA2,14,63 (b) The department may not publicly disclose the results of any PFAS testing
4conducted under this section unless the department notifies the grant recipient at
5least 72 hours before publicly disclosing any test result. This paragraph does not
6apply to any testing required or conducted under ch. 281 or 283.
SB312-SSA2,9 7Section 9. 292.32 of the statutes is created to read:
SB312-SSA2,14,9 8292.32 Limitations on department actions relating to PFAS. (1)
9Definitions. In this section:
SB312-SSA2,14,1110 (a) “Construction project” means a building project that will affect one or more
11parcels.
SB312-SSA2,14,1212 (b) “PFAS” has the meaning given in s. 292.315 (1).
SB312-SSA2,14,1813 (c) “Public works” means the physical structures and facilities developed or
14acquired by a local unit of government or a federally recognized American Indian
15tribe or band in this state to provide services and functions for the benefit and use
16of the public, including water, sewerage, waste disposal, utilities, and
17transportation, and privately owned solid waste disposal facilities that accept
18residential waste.
SB312-SSA2,15,3 19(2) Probable cause required for testing. Notwithstanding any conflicting
20provisions of this chapter, the department may not require the owner of a property
21to conduct testing under this chapter for the presence of PFAS without probable
22cause that the property had or currently has an amount of PFAS that is likely to
23exceed or result in the exceedance of any applicable promulgated standard under
24state or federal law. For purposes of this subsection, property does not include a
25property used for industrial purposes, including manufacturing. For purposes of this

1subsection, a basis for probable cause includes the reporting of a PFAS spill under
2this chapter or under section 304 of the federal Emergency Planning and Community
3Right-to-Know Act.
SB312-SSA2,15,7 4(3) Construction projects. Notwithstanding any conflicting provisions of this
5chapter, the department may not prevent, delay, or otherwise impede any
6construction project or project of public works on the basis of a presence of PFAS
7contamination unless the department determines any of the following:
SB312-SSA2,15,88 (a) The project poses a substantial risk to public health or welfare.
SB312-SSA2,15,109 (b) There is a substantial risk that the project will create worsening
10environmental conditions.
SB312-SSA2,15,1211 (c) The entity proposing to complete the project is, as a result of reckless or
12intentional conduct, responsible for the original contamination.
SB312-SSA2,15,1413 (d) The department is specifically required under the federal Clean Water Act
14to prevent, delay, or otherwise impede the project.
SB312-SSA2,15,17 15(4) PFAS testing and enforcement on nonstate lands. If department staff or
16a 3rd-party entity contracted by the department seeks to conduct voluntary testing
17under this chapter for PFAS, all of the following shall apply:
SB312-SSA2,15,2318 (a) If the department, or an entity contracted by the department, seeks to
19collect voluntary samples from lands not owned by the state based on permission
20from the landowner, such permission shall be in writing, and the department shall
21notify the landowner that such permission includes the authority to collect samples,
22to test those samples, and to publicly disclose the results of that testing. A landowner
23may revoke such permission at any time prior to the collection of samples.
SB312-SSA2,16,224 (b) The department may not publicly disclose the results of any PFAS testing
25conducted on samples taken from lands not owned by the state unless the

1department notifies the landowner of the test results at least 72 hours before publicly
2disclosing the test results.
SB312-SSA2,16,123 (c) The department may not take any enforcement action against any person
4that meets the eligibility criteria for an innocent landowner grant under s. 292.34 (3)
5if the person grants permission to the department to remediate the land at the
6department's expense. For persons that are not eligible for an innocent landowner
7grant under s. 292.34 (3), the department may not take any enforcement action based
8on the results of PFAS testing on samples taken from lands not owned by the state
9unless that testing demonstrates that PFAS levels exceed any promulgated standard
10under state or federal law. This paragraph does not limit the ability of a landowner
11or other authorized party to voluntarily take remedial action based on test results
12collected by the department.
SB312-SSA2,16,19 13(5) PFAS testing requests. The department shall, in a timely manner, respond
14to requests from any person to conduct PFAS testing on samples taken from the
15person's property if practicable and if funds are available to do so, if there is a
16reasonable belief that PFAS contamination may be present on the property, and if
17existing information such as public water supply testing data is not available. The
18department may contract with a 3rd party to respond to requests for testing under
19this subsection.
SB312-SSA2,10 20Section 10 . 292.34 of the statutes is created to read:
SB312-SSA2,16,22 21292.34 Innocent landowner grant program. (1) In this section, “PFAS”
22has the meaning given in s. 292.315 (1).
SB312-SSA2,17,2 23(1m) This section applies only to PFAS for which there is a state or federal
24standard, a public health recommendation from the department of health services

1under s. 160.07, or a health advisory issued by the federal environmental protection
2agency.
SB312-SSA2,17,9 3(2) The department shall administer a program under which the department
4may provide a grant to an eligible person who owns, leases, manages, contracts for,
5or holds a department-issued solid waste facility license for property that is
6contaminated by PFAS; or to a person who is applying on behalf of multiple eligible
7persons that are located in the same geographic region and that will be conducting
8similar activities under sub. (4), if the applicant will be the entity conducting the
9activities under sub. (4).
SB312-SSA2,17,10 10(3) All of the following are persons eligible for a grant under this section:
SB312-SSA2,17,1211 (a) A person that spread biosolids or wastewater residuals contaminated by
12PFAS in compliance with any applicable license or permit.
SB312-SSA2,17,1513 (b) A person that owns land upon which biosolids or wastewater residuals
14contaminated by PFAS were spread in compliance with any applicable license or
15permit.
SB312-SSA2,17,1816 (c) A fire department or municipality that responded to emergencies that
17required the use of PFAS or that conducted training for such emergencies in
18compliance with applicable federal regulations.
SB312-SSA2,17,1919 (d) A solid waste disposal facility that accepted PFAS.
SB312-SSA2,17,2120 (e) A person that owns, leases, manages, or contracts for property on which the
21PFAS contamination did not originate.
SB312-SSA2,18,822 (f) Any other person submitted as a proposed eligible person by the department
23to the joint committee on finance. If the cochairpersons of the joint committee on
24finance do not notify the department within 14 working days after the date the
25proposed eligible person is submitted that the committee has scheduled a meeting

1to take place for the purpose of reviewing the proposed eligible person, the
2department shall consider the person to be a person eligible for a grant under this
3section. If, within 14 working days after the date the proposed eligible person is
4submitted, the cochairpersons of the joint committee on finance notify the
5department that the committee has scheduled a meeting for the purpose of reviewing
6the proposed eligible person, the department may not consider the person to be a
7person eligible for a grant under this section until the person is approved by the
8committee.
SB312-SSA2,18,14 9(4) Grants under this section may be used to cover costs associated with
10additional testing; environmental studies; engineering reports; clean drinking water
11supplies, including temporary potable water, filtration, well replacement, or
12interconnection to a municipal water supply; remediation costs; and any other cost
13resulting from landspreading of contaminated biosolids, detection of groundwater
14contamination, or other contamination events affecting the property.
SB312-SSA2,18,16 15(5) The department shall accept applications for grants and award grants
16under this section on a rolling basis.
SB312-SSA2,18,20 17(6) Grants awarded under this section may not exceed $250,000 for each
18eligible person. The department may require the recipient of a grant under this
19section to provide matching funds in an amount not to exceed 5 percent of the amount
20of the grant.
SB312-SSA2,11 21Section 11. NR 811.12 (1) (g) 2. of the administrative code is renumbered NR
22811.12 (1) (g) 2. (intro.) and amended to read:
SB312-SSA2,19,223 NR 811.12 (1) (g) 2. (intro.) Test wells to be converted to permanent wells or test
24wells to be pumped at a rate of 70 gallons per minute or more for a period of more than

172 hours
All of the following test wells shall be approved by the department prior to
2their construction.:
SB312-SSA2,12 3Section 12. NR 811.12 (1) (g) 2. a., b. and c. of the administrative code are
4created to read:
SB312-SSA2,19,55 NR 811.12 (1) (g) 2. a. Test wells to be converted to permanent wells.
Loading...
Loading...