Amendment SA5-SSA2-SB70

SB70-SSA2-SA5,54 Section 54. 16.969 (4) of the statutes is renumbered 196.492 (4).

SB70-SSA2-SA5,55 Section 55. 20.505 (1) (ge) of the statutes is renumbered 20.155 (1) (gg) and amended to read:

SB70-SSA2-SA5,36,18 20.155 (1) (gg) High-voltage transmission line annual impact fee distributions. All moneys received from the payment of fees under the rules promulgated under s. 16.969 196.492 (2) (a) for distributions to towns, villages and cities under s. 16.969 196.492 (3) (a).

SB70-SSA2-SA5,56 Section 56. 20.505 (1) (gs) of the statutes is renumbered 20.155 (1) (gr) and amended to read:

SB70-SSA2-SA5,36,24 20.155 (1) (gr) High-voltage transmission line environmental impact fee distributions. All moneys received from the payment of fees under the rules promulgated under s. 16.969 196.492 (2) (b) for distributions to counties, towns, villages and cities under s. 16.969 196.492 (3) (b).

SB70-SSA2-SA5,57 Section 57. 196.491 (3g) (a) of the statutes is amended to read:

SB70-SSA2-SA5,37,8 196.491 (3g) (a) A person who receives a certificate of public convenience and necessity for a high-voltage transmission line that is designed for operation at a nominal voltage of 345 kilovolts or more under sub. (3) shall pay the department of administration commission an annual impact fee as specified in the rules promulgated by the department of administration commission under s. 16.969 196.492 (2) (a) and shall pay the department of administration commission a one-time environmental impact fee as specified in the rules promulgated by the department of administration commission under s. 16.969 196.492 (2) (b).

SB70-SSA2-SA5,9101 Section 9101. Nonstatutory provisions; Administration.

SB70-SSA2-SA5,37,10 (1) Transfer of high-voltage transmission line fees.

SB70-SSA2-SA5,37,13 (a) Definition. In this subsection, “fees” means the annual impact and onetime environmental impact fees required to be paid under the rules promulgated under s. 16.969 (2) (a), 2021 stats., and s. 16.969 (2) (b), 2021 stats.

SB70-SSA2-SA5,37,17 (b) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of administration primarily relating to the fees, as determined by the secretary of administration, become the assets and liabilities of the public service commission.

SB70-SSA2-SA5,37,21 (c) Employee transfers. On the effective date of this paragraph, all positions, and the incumbent employees holding those positions, in the department of administration primarily related to the fees, as determined by the secretary of administration, are transferred to the public service commission.

SB70-SSA2-SA5,38,2 (d) Employee status. Employees transferred under par. (c ) have all the rights and the same status under ch. 230 in the public service commission that they enjoyed in the department of administration immediately before the transfer. Notwithstanding s. 230.28 (4), no employee so transferred who has attained permanent status in class is required to serve a probationary period.

SB70-SSA2-SA5,38,6 (e) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of administration primarily relating to the fees, as determined by the secretary of administration, is transferred to the public service commission.

SB70-SSA2-SA5,38,12 (f) Contracts. All contracts entered into by the department of administration primarily relating to the fees, as determined by the secretary of administration, in effect on the effective date of this paragraph remain in effect and are transferred to the public service commission. The public service commission shall carry out any obligations under those contracts unless modified or rescinded to the extent allowed under the contract.

SB70-SSA2-SA5,38,19 (g) Rules and orders. All rules promulgated by the department of administration in effect on the effective date of this paragraph that are primarily related to the fees remain in effect until their specified expiration dates or until amended or repealed by the public service commission. All orders issued by the department of administration in effect on the effective date of this paragraph that are primarily related to the fees remain in effect until their specified expiration dates or until modified or rescinded by the public service commission.

SB70-SSA2-SA5,38,25 (h) Pending matters. Any matter pending with the department of administration on the effective date of this paragraph that is primarily related to the fees, as determined by the secretary of administration, is transferred to the public service commission. All materials submitted to or actions taken by the department of administration with respect to the pending matter are considered as having been submitted to or taken by the public service commission.”.

SB70-SSA2-SA5,39,1 99. Page 374, line 11: after that line insert:

SB70-SSA2-SA5,39,2 “ Section 58. 20.370 (1) (ed) of the statutes is created to read:

SB70-SSA2-SA5,39,5 20.370 (1) (ed) Parks - admission receipt fee waivers. From the general fund, a sum sufficient equal to the amount of the annual vehicle admission receipt fees waived under s. 27.01 (9) (bg), for the operation of state parks.

SB70-SSA2-SA5,59 Section 59. 27.01 (9) (bg) of the statutes is created to read:

SB70-SSA2-SA5,39,7 27.01 (9) (bg) Annual 4th grade pass. 1. In this paragraph:

SB70-SSA2-SA5,39,10 a. “Fourth grade pupil” means a child receiving a 4th grade level of instruction in a school or a home-based private educational program, as defined in s. 115.001 (3g).

SB70-SSA2-SA5,39,11 b. “Guardian” has the meaning given in s. 48.02 (8).

SB70-SSA2-SA5,39,12 c. “Parent” has the meaning given in s. 48.02 (13).

SB70-SSA2-SA5,39,19 2. The parent or guardian of a child may apply for an annual vehicle admission receipt fee waiver by submitting an application to the department. An application may not be submitted to a regional office of the department or to a person who is subject to an appointment or a contract as authorized under s. 29.024 (6) (a) 2. to 4. but must be submitted directly to the main office of the department. An application shall be submitted on a form provided by the department and shall include all of the following information:

SB70-SSA2-SA5,39,20 a. The child's name.

SB70-SSA2-SA5,39,21 b. The child's date of birth.

SB70-SSA2-SA5,39,24 c. The name of the school the child is or will be attending or a certification that the child is in a home-based private educational program, as defined in s. 115.001 (3g).

SB70-SSA2-SA5,40,5 d. A certification that the child is, was, or will be a 4th grade pupil on the first day of January of the calendar year for which the waiver is issued. This certification may be satisfied with dated report cards, dated and signed enrollment forms, a dated letter from the child's school on official letterhead, or any other proof deemed acceptable by the department.

SB70-SSA2-SA5,40,8 3. Subject to subd. 4., the department shall provide to an individual whose application submitted under subd. 2. is approved an annual vehicle admission receipt fee waiver that is valid for the calendar year in which the waiver is issued.

SB70-SSA2-SA5,40,12 4. A parent or guardian may receive only one fee waiver under this paragraph in his or her lifetime. If a parent or guardian receives a fee waiver under this paragraph, the department may not issue a fee waiver under this paragraph for any other member of the parent's or guardian's household.

SB70-SSA2-SA5,40,16 5. The department shall waive the fee, including the issuing fee, imposed under sub. (7) for an annual vehicle admission receipt for a single vehicle, except a motor bus, that has Wisconsin registration plates and that is operated by a person who holds a valid fee waiver issued under this paragraph.

SB70-SSA2-SA5,9432 Section 9432. Effective dates; Natural Resources.

SB70-SSA2-SA5,40,19 (1) Annual 4th grade pass. The treatment of s. 27.01 (9) (bg) takes effect on January 1, 2024.”.

SB70-SSA2-SA5,40,20 100. Page 374, line 11: after that line insert:

SB70-SSA2-SA5,40,22 “ Section 60. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table - See PDF for table

SB70-SSA2-SA5,61 Section 61. 20.370 (5) (hs) of the statutes is created to read:

SB70-SSA2-SA5,41,4 20.370 (5) (hs) Public forest regeneration grants. From the moneys received by the department for forestry activities, the amounts in the schedule for the public forest regeneration grant program under s. 28.25.

SB70-SSA2-SA5,62 Section 62. 28.25 of the statutes is created to read:

SB70-SSA2-SA5,41,11 28.25 Public forest regeneration grants. The department shall establish a grant program under which it awards grants for projects involving reforestation, forest regeneration, and forest management on public land. A project is eligible for a grant under this section if it is located on public land owned by a local government or school district or by this state, except for land under the jurisdiction and control of the department.”.

SB70-SSA2-SA5,41,12 101. Page 374, line 11: after that line insert:

SB70-SSA2-SA5,41,13 “ Section 63. 160.07 (4) (f) of the statutes is created to read:

SB70-SSA2-SA5,41,18 160.07 (4) (f) In recommending an enforcement standard for a perfluoroalkyl or polyfluoroalkyl substance, the department of health services may recommend an individual standard for a substance, a standard for a class of substances, a standard for a group of substances, or any combination of individual, class, or group standards for substances or class or group of substances.

SB70-SSA2-SA5,64 Section 64. 160.07 (7) of the statutes is created to read:

SB70-SSA2-SA5,42,7 160.07 (7) If the department of health services recommends an enforcement standard for a perfluoroalkyl or polyfluoroalkyl substance or a group or class of such substances under this section, the department shall apply the standard as an interim enforcement standard for that substance, including through sampling, monitoring, and testing, and any other actions required by rules promulgated by the department, unless emergency or permanent rules that establish an enforcement standard for that substance are in effect.

SB70-SSA2-SA5,65 Section 65. 160.15 (4) of the statutes is created to read:

SB70-SSA2-SA5,42,14 160.15 (4) Notwithstanding sub. (1), if an interim enforcement standard for a perfluoroalkyl or polyfluoroalkyl substance is applied under s. 160.07 (7), the department shall apply an interim preventive action limit for that substance of 20 percent of the concentration established as the interim enforcement standard, unless emergency or permanent rules that establish a preventive action limit for that substance are in effect.

SB70-SSA2-SA5,66 Section 66. 281.17 (8) (c) of the statutes is created to read:

SB70-SSA2-SA5,42,22 281.17 (8) (c) If the department of health services recommends an enforcement standard for a perfluoroalkyl or polyfluoroalkyl substance or a group or class of such substances under s. 160.07, the department shall apply the standard as an interim maximum contaminant level for public water systems, water suppliers, and laboratories certified to analyze drinking water, in accordance with rules promulgated by the department, unless emergency or permanent rules that establish maximum contaminant levels for that substance are in effect.

SB70-SSA2-SA5,67 Section 67. 285.27 (2) (bm) of the statutes is created to read:

SB70-SSA2-SA5,43,5 285.27 (2) (bm) Standards for PFAS. Emission standards for known perfluoroalkyl or polyfluoroalkyl substances are needed to provide adequate protection for public health and welfare under par. (b). The department shall promulgate emission standards for any known perfluoroalkyl or polyfluoroalkyl substances to provide adequate protection for public health and welfare, taking into account energy, economic, and environmental impacts and other costs related to the emission source.

SB70-SSA2-SA5,68 Section 68. 299.15 (2m) of the statutes is created to read:

SB70-SSA2-SA5,43,9 299.15 (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.

SB70-SSA2-SA5,9132 Section 9132. Nonstatutory provisions; Natural Resources.

SB70-SSA2-SA5,43,12 (1u) Emergency rules for PFAS in drinking water, groundwater, surface water, solid waste, beds of navigable waters, and contaminated soil and sediment.

SB70-SSA2-SA5,43,18 (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 that the department determines may be harmful to human health or the environment in the following:

SB70-SSA2-SA5,43,19 1. Drinking water under s. 281.17 (8).

SB70-SSA2-SA5,43,20 2. Groundwater under ss. 160.07 (5) and 160.15.

SB70-SSA2-SA5,43,22 3. Surface water from point sources under ss. 283.11 (4) and 283.21 and from nonpoint sources under s. 281.16.

SB70-SSA2-SA5,43,24 4. Air under s. 285.27 (2) (bm), if the standards are needed to provide adequate protection for public health or welfare.

SB70-SSA2-SA5,43,25 5. Solid waste and solid waste facilities under chs. 289 and 291.

SB70-SSA2-SA5,44,1 6. Beds of navigable waters under s. 30.20.

SB70-SSA2-SA5,44,2 7. Soil and sediment under chs. 289 and 292.

SB70-SSA2-SA5,44,4 (b) The department of natural resources shall promulgate emergency rules under s. 227.24 to do all of the following:

SB70-SSA2-SA5,44,8 1. 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).

SB70-SSA2-SA5,44,12 2. 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.

SB70-SSA2-SA5,44,14 3. Administer and enforce ch. 292 in relation to remedial actions involving perfluoroalkyl or polyfluoroalkyl substances or a group or class of such substances.

SB70-SSA2-SA5,44,20 (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, and perfluorobutane sulfonic acid and shall include provisions for enforcing these standards, including requiring sampling, monitoring, testing, and response actions.

SB70-SSA2-SA5,45,2 (d) Notwithstanding s. 227.24 (1) (c) and (2), emergency rules promulgated under pars. (a) and (b) remain in effect until July 1, 2024, 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.

SB70-SSA2-SA5,45,9 (2u) 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, and perfluorobutane sulfonic 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.

SB70-SSA2-SA5,45,15 (3u) 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.

SB70-SSA2-SA5,9432 Section 9432. Effective dates; Natural Resources.

SB70-SSA2-SA5,45,18 (1) Interim maximum contaminant levels for PFAS. The treatment of s. 281.17 (8) (c) takes effect on the first day of the 7th month beginning after publication.”.

SB70-SSA2-SA5,45,19 102. Page 374, line 11: after that line insert:

SB70-SSA2-SA5,45,20 “ Section 9132. Nonstatutory provisions; Natural Resources.

SB70-SSA2-SA5,45,21 (1) Testing laboratories; emergency rules.

SB70-SSA2-SA5,46,8 (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, 2024, 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.

SB70-SSA2-SA5,46,11 (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.”.

SB70-SSA2-SA5,46,12 103. Page 374, line 11: after that line insert:

SB70-SSA2-SA5,46,13 “ Section 69. 20.115 (7) (tm) of the statutes is amended to read:

SB70-SSA2-SA5,46,17 20.115 (7) (tm) Farmland preservation planning grants, working lands fund. From the working lands fund, the amounts in the schedule for farmland preservation planning grants under s. 91.10 (6) and for farmland preservation implementation grants under s. 91.10 (7).

SB70-SSA2-SA5,70 Section 70. 91.10 (title) of the statutes is amended to read:

SB70-SSA2-SA5,46,20 91.10 (title) County plan required; planning and implementation grants.

SB70-SSA2-SA5,71 Section 71. 91.10 (7) of the statutes is created to read:

SB70-SSA2-SA5,46,24 91.10 (7) (a) From the appropriation under s. 20.115 (7) (tm), the department may award implementation grants to counties for implementing a county's certified farmland preservation plan.

SB70-SSA2-SA5,47,4 (b) The department shall enter into a contract with a county to which it awards a planning grant under par. (a) before the department distributes any grant funds to the county. In the contract, the department shall identify the costs that are eligible for reimbursement through the grant.

SB70-SSA2-SA5,47,7 (c) The department may distribute grant funds under this subsection only after the county shows that it has incurred costs that are eligible for reimbursement under par. (b).”.

SB70-SSA2-SA5,47,8 104. Page 374, line 11: after that line insert: