This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
SB70-SSA2-SA5,62,22 22 Section 109. 283.90 of the statutes is created to read:
SB70-SSA2-SA5,63,13 23283.90 Notification of violations. Whenever, on the basis of any information
24available to it, the department finds that a permit holder has violated any limitation

1in a permit that is based on a groundwater protection standard under ch. 160, the
2department shall notify the county health department and county land and
3conservation department in the county in which the permit holder is located and the
4county health department and county land and conservation department in any
5adjacent county that the department determines may be negatively affected as a
6result of the violation. The department shall provide this notice within 7 business
7days after confirming that a violation has occurred. The department shall create and
8maintain a notification system for notifying county health departments, county land
9and conservation departments, and interested parties of the violations described in
10this section. The department may establish, by rule, procedures for providing notice
11under this section. The notification system under this section shall ensure that
12county health departments and county land and conservation departments are
13notified at least 24 hours prior to notifying any other interested parties.
SB70-SSA2-SA5,9132 14Section 9132. Nonstatutory provisions; Natural Resources.
SB70-SSA2-SA5,64,215 (1) Emergency rules for notification of water permit violations. The
16department of natural resources may use the procedure under s. 227.24, to
17promulgate rules under s. 283.90. Notwithstanding s. 227.24 (1) (c) and (2),
18emergency rules promulgated under this subsection remain in effect until July 1,
192025, or the date on which permanent rules take effect, whichever is sooner.
20Notwithstanding s. 227.24 (1) (a) and (3), the department is not required to provide
21evidence that promulgating a rule under this subsection as an emergency rule is
22necessary for the preservation of the public peace, health, safety, or welfare and is
23not required to provide a finding of emergency for a rule promulgated under this
24subsection. Notwithstanding s. 227.24 (1) (e) 1d. and 1g., the department is not
25required to prepare a statement of scope of the rules promulgated under this

1subsection and is not required to present the rules promulgated under this
2subsection to the governor for approval.
SB70-SSA2-SA5,9432 3Section 9432. Effective dates; Natural Resources.
SB70-SSA2-SA5,64,54 (1) Notification of water permit violations. The treatment of s. 283.90 takes
5effect on the first day of the 7th month beginning after publication.”.
SB70-SSA2-SA5,64,6 6114. Page 374, line 11: after that line insert:
SB70-SSA2-SA5,64,7 7 Section 110. 283.31 (8) of the statutes is amended to read:
SB70-SSA2-SA5,64,158 283.31 (8) The holder of a permit under this section for a concentrated animal
9feeding operation shall annually pay to the department a fee of $345 $545, which
10shall be credited to the appropriation account under s. 20.370 (9) (ag). The
11department shall annually submit a report to the joint committee on finance and,
12under s. 13.172 (3), to the standing committees of the legislature with jurisdiction
13over agricultural and environmental matters describing the use of the moneys
14credited to the appropriation account under s. 20.370 (9) (ag) under this subsection
15and the use of the moneys appropriated under s. 20.370 (9) (ap).”.
SB70-SSA2-SA5,64,16 16115. Page 374, line 11: after that line insert:
SB70-SSA2-SA5,64,17 17 Section 111. 20.370 (9) (bj) of the statutes is amended to read:
SB70-SSA2-SA5,64,2318 20.370 (9) (bj) Storm water management — fees. From the general fund, the
19amounts in the schedule
all moneys received under s. 283.33 (9) and under 2009
20Wisconsin Act 28
, section 9110 (11f),
for the administration, including enforcement,
21of the storm water discharge permit program under s. 283.33. All moneys received
22under s. 283.33 (9) and under 2009 Wisconsin Act 28, section 9110 (11f) shall be
23credited to this appropriation account.
”.
SB70-SSA2-SA5,64,24 24116. Page 374, line 11: after that line insert:
SB70-SSA2-SA5,65,1
1 Section 112. 20.115 (7) (tm) of the statutes is amended to read:
SB70-SSA2-SA5,65,52 20.115 (7) (tm) Farmland preservation planning grants, working lands fund.
3From the working lands fund, the amounts in the schedule for farmland preservation
4planning grants under s. 91.10 (6) and for farmland preservation implementation
5grants under s. 91.10 (7)
.
SB70-SSA2-SA5,113 6Section 113. 91.10 (title) of the statutes is amended to read:
SB70-SSA2-SA5,65,8 791.10 (title) County plan required; planning and implementation
8grants.
SB70-SSA2-SA5,114 9Section 114. 91.10 (7) of the statutes is created to read:
SB70-SSA2-SA5,65,1210 91.10 (7) (a) From the appropriation under s. 20.115 (7) (tm), the department
11may award implementation grants to counties for implementing a county's certified
12farmland preservation plan.
SB70-SSA2-SA5,65,1613 (b) The department shall enter into a contract with a county to which it awards
14a planning grant under par. (a) before the department distributes any grant funds
15to the county. In the contract, the department shall identify the costs that are eligible
16for reimbursement through the grant.
SB70-SSA2-SA5,65,1917 (c) The department may distribute grant funds under this subsection only after
18the county shows that it has incurred costs that are eligible for reimbursement under
19par. (b).”.
SB70-SSA2-SA5,65,20 20117. Page 374, line 11: after that line insert:
SB70-SSA2-SA5,65,22 21 Section 115. 20.005 (3) (schedule) of the statutes: at the appropriate place,
22insert the following amounts for the purposes indicated: - See PDF for table PDF - See PDF for table PDF
SB70-SSA2-SA5,116 1Section 116. 20.370 (6) (ed) of the statutes is created to read:
SB70-SSA2-SA5,66,42 20.370 (6) (ed) Environmental aids — PFAS municipal grant program —
3general fund. As a continuing appropriation, the amounts in the schedule for the
4municipal grant program under s. 292.67.
SB70-SSA2-SA5,117 5Section 117. 20.370 (6) (es) of the statutes is created to read:
SB70-SSA2-SA5,66,86 20.370 (6) (es) Environmental aids — PFAS municipal grant program —
7environmental fund. As a continuing appropriation, from the environmental fund,
8the amounts in the schedule for the municipal grant program under s. 292.67.
SB70-SSA2-SA5,118 9Section 118. 292.67 of the statutes is created to read:
SB70-SSA2-SA5,66,10 10292.67 PFAS municipal grant program. (1) Definitions. In this section:
SB70-SSA2-SA5,66,1111 (a) “Class B fire fighting foam” has the meaning given in s. 299.48 (1) (a).
SB70-SSA2-SA5,66,1312 (b) “Municipality” means a city, village, town, county, tribal governing body,
13utility district, lake protection district, sewerage district, or municipal airport.
SB70-SSA2-SA5,66,1414 (c) “PFAS” means a perfluoroalkyl or polyfluoroalkyl substance.
SB70-SSA2-SA5,67,4
1(2) Financial assistance. The department shall administer a program to
2provide grants from the appropriations under s. 20.370 (6) (ed) and (es) to
3municipalities that meet the requirements under sub. (3) for the purpose of
4conducting any of the eligible activities under sub. (4).
SB70-SSA2-SA5,67,6 5(3) Eligibility prerequisites. A grant may be awarded under sub. (2) only if
6one of the following has occurred:
SB70-SSA2-SA5,67,107 (a) The municipality tested or trained with a class B fire fighting foam that
8contained intentionally added PFAS in accordance with applicable state and federal
9law, or a 3rd party tested or trained with a class B fire fighting foam that contained
10intentionally added PFAS within the area controlled by the municipality.
SB70-SSA2-SA5,67,1211 (b) The municipality applied biosolids to land under a permit issued by DNR
12under s. 283.31.
SB70-SSA2-SA5,67,1613 (c) PFAS are impacting the municipality's drinking water supply or surface
14water or groundwater within the area controlled by the municipality and the
15responsible party is unknown or is unwilling or unable to take the necessary
16response actions.
SB70-SSA2-SA5,67,18 17(4) Eligible activities. The department may award a grant under sub. (2) for
18any of the following activities:
SB70-SSA2-SA5,67,2019 (a) Investigating potential PFAS impacts to the air, land, or water at a site or
20facility for the purpose of reducing or eliminating environmental contamination.
SB70-SSA2-SA5,67,2221 (b) Treating or disposing of PFAS-containing fire fighting foam containers from
22a municipal site or facility.
SB70-SSA2-SA5,67,2423 (c) Sampling a private water supply within 3 miles of a site or facility known
24to contain PFAS or to have caused a PFAS discharge.
SB70-SSA2-SA5,68,2
1(d) Providing a temporary emergency water supply, a water treatment system,
2or bulk water to replace water contaminated with PFAS.
SB70-SSA2-SA5,68,43 (e) Conducting emergency, interim, or remedial actions to mitigate, treat,
4dispose of, or remove PFAS contamination to the air, land, or waters of the state.
SB70-SSA2-SA5,68,95 (f) Removing or treating PFAS in a public water system using the most
6cost-effective method to provide safe drinking water in areas where PFAS levels
7exceed the maximum contaminant level for PFAS under ch. 281 or an enforcement
8standard for PFAS under ch. 160 or where the state has issued a health advisory for
9PFAS.
SB70-SSA2-SA5,68,1310 (g) Sampling and testing water for PFAS contamination in a public, private, or
11tribal elementary or secondary school, a child care center that is licensed under s.
1248.65, a child care program that is established or contracted for under s. 120.13 (14),
13or a child care provider that is certified under s. 48.651.
SB70-SSA2-SA5,68,17 14(5) Application. A municipality shall apply for a grant on a form prescribed
15by the department and shall include any information that the department finds
16necessary to determine the eligibility of the project, identify the funding requested,
17determine the priority of the project, and calculate the amount of a grant.
SB70-SSA2-SA5,68,19 18(6) Evaluation criteria. The department, in awarding grants under this
19section, shall consider all of the following criteria:
SB70-SSA2-SA5,68,2220 (a) The municipality's demonstrated commitment to performing and
21completing eligible activities, including the municipality's financial commitment
22and ability to successfully administer grants.
SB70-SSA2-SA5,68,2423 (b) The degree to which the project will have a positive impact on public health
24and the environment.
SB70-SSA2-SA5,69,2
1(c) Other criteria that the department finds necessary to prioritize the funds
2available for awarding grants.
SB70-SSA2-SA5,69,6 3(7) Matching funds. The department may not distribute a grant under this
4section unless the applicant contributes matching funds equal to at least 20 percent
5of the amount of the grant. Matching funds may be in the form of cash, in-kind
6contributions, or both.
SB70-SSA2-SA5,9132 7Section 9132. Nonstatutory provisions; Natural Resources
SB70-SSA2-SA5,69,178 (1) Emergency rules for PFAS municipal grant program. The department of
9natural resources may use the procedure under s. 227.24 to promulgate emergency
10rules relating to the municipal grant program under s. 292.67. Notwithstanding s.
11227.24 (1) (a) and (3), the department is not required to provide evidence that
12promulgating a rule under this subsection as an emergency rule is necessary for the
13preservation of the public peace, health, safety, or welfare and is not required to
14provide a finding of emergency for a rule promulgated under this subsection.
15Notwithstanding s. 227.24 (1) (e) 1d. and 1g., for emergency rules promulgated under
16this subsection, the department is not required to prepare a statement of scope of the
17rules or to submit the proposed rules in final draft form to the governor for approval.”.
SB70-SSA2-SA5,69,18 18118. Page 374, line 11: after that line insert:
SB70-SSA2-SA5,69,19 19 Section 119. 20.370 (4) (ps) of the statutes is amended to read:
SB70-SSA2-SA5,69,2420 20.370 (4) (ps) Fire PFAS-containing fire fighting foam. As a continuing
21appropriation, from the environmental fund, the amounts in the schedule for fire
22fighting foam collection and for providing assistance to local fire departments in
23replacing fire fighting foam that contains perfluoroalkyl or polyfluoroalkyl
24substances with fire fighting foam that does not contain such substances
.” .
SB70-SSA2-SA5,70,1
1119. Page 374, line 11: after that line insert:
SB70-SSA2-SA5,70,2 2 Section 120. 20.866 (2) (ti) of the statutes is amended to read:
SB70-SSA2-SA5,70,93 20.866 (2) (ti) Natural resources; contaminated sediment removal. From the
4capital improvement fund, a sum sufficient for the department of natural resources
5to fund removal of contaminated sediment under s. 281.87. The state may contract
6public debt in an amount not to exceed $32,000,000 $55,000,000 for this purpose.
7The state may contract additional public debt in an amount up to $4,000,000 for this
8purpose. The state may contract additional public debt in an amount up to
9$4,000,000 for this purpose.
”.
SB70-SSA2-SA5,70,10 10120. Page 374, line 11: after that line insert:
SB70-SSA2-SA5,70,12 11 Section 121. 281.75 (1) (b) (intro.), 1., 2. and 3. of the statutes are amended
12to read:
SB70-SSA2-SA5,70,1413 281.75 (1) (b) (intro.) “Contaminated well" or “contaminated private water
14supply" means a well or private water supply which that does any of the following:
SB70-SSA2-SA5,70,1715 1. Produces water containing one or more substances of public health concern
16in excess of a primary maximum contaminant level promulgated in the national
17drinking water standards in 40 CFR 141 and 143;.
SB70-SSA2-SA5,70,1918 2. Produces water containing one or more substances of public health concern
19in excess of an enforcement standard under ch. 160; or.
SB70-SSA2-SA5,70,2320 3. Is subject to a written advisory opinion, issued by the department or the
21department of health services
, containing a specific descriptive reference to the well
22or private water supply and recommending that the well or private water supply not
23be used because of potential human health risks.
SB70-SSA2-SA5,122 24Section 122. 281.75 (1) (b) 4. of the statutes is created to read:
SB70-SSA2-SA5,71,2
1281.75 (1) (b) 4. Produces water containing at least 10 parts per billion of
2arsenic or at least 10 parts per million of nitrate nitrogen.
SB70-SSA2-SA5,123 3Section 123. 281.75 (1) (b) 5. of the statutes is created to read:
SB70-SSA2-SA5,71,84 281.75 (1) (b) 5. Produces water containing levels of a perfluoroalkyl or
5polyfluoroalkyl substance in excess of the maximum level set out in any applicable
6federal or state health advisory for that substance, if no primary maximum
7contaminant level under 40 CFR 141 and 143 or enforcement standard under ch. 160
8for that substance has been promulgated.
SB70-SSA2-SA5,124 9Section 124. 281.75 (1) (f) of the statutes is amended to read:
SB70-SSA2-SA5,71,1110 281.75 (1) (f) “Private water supply" means a residential water supply or, a
11livestock water supply, or a transient noncommunity water supply.
SB70-SSA2-SA5,125 12Section 125. 281.75 (1) (gm) of the statutes is created to read:
SB70-SSA2-SA5,71,1813 281.75 (1) (gm) “Transient noncommunity water supply” means a water system
14that serves at least 25 persons at least 60 days of the year but does not regularly serve
15at least 25 of the same persons over 6 months per year. “Transient noncommunity
16water supply” does not include a public water system that serves at least 15 service
17connections used by year-round residents or regularly serves at least 25 year-round
18residents.
SB70-SSA2-SA5,126 19Section 126. 281.75 (4m) (a) of the statutes is amended to read:
SB70-SSA2-SA5,71,2320 281.75 (4m) (a) In order to be eligible for an award under this section, the
21annual family income of the landowner or lessee of property on which is located a
22contaminated water supply or a well subject to abandonment may not exceed $65,000
23$100,000.
SB70-SSA2-SA5,127 24Section 127. 281.75 (5) (f) of the statutes is amended to read:
SB70-SSA2-SA5,72,6
1281.75 (5) (f) The Except as provided in par. (g), the department shall allocate
2money for the payment of claims according to the order in which completed claims
3are received. The department may conditionally approve a completed claim even if
4the appropriation under s. 20.370 (6) (cr) is insufficient to pay the claim. The
5department shall allocate money for the payment of a claim which is conditionally
6approved as soon as funds become available.
SB70-SSA2-SA5,128 7Section 128. 281.75 (5) (g) of the statutes is created to read:
SB70-SSA2-SA5,72,108 281.75 (5) (g) If the appropriations under s. 20.370 (6) (cf) or (cr) are insufficient
9to pay claims, the department may, for claims based on nitrate levels, allocate money
10for the payment of those claims in the following order of priority:
SB70-SSA2-SA5,72,1211 1. Claims based on water containing more than 40 parts per million of nitrate
12nitrogen.
SB70-SSA2-SA5,72,1413 2. Claims based on water containing more than 30 but not more than 40 parts
14per million of nitrate nitrogen.
SB70-SSA2-SA5,72,1615 3. Claims based on water containing more than 25 but not more than 30 parts
16per million of nitrate nitrogen.
SB70-SSA2-SA5,72,1817 4. Claims based on water containing more than 20 but not more than 25 parts
18per million of nitrate nitrogen.
SB70-SSA2-SA5,72,2019 5. Claims based on water containing more than 10 but not more than 20 parts
20per million of nitrate nitrogen.
SB70-SSA2-SA5,129 21Section 129. 281.75 (6) (a) of the statutes is amended to read:
SB70-SSA2-SA5,72,2522 281.75 (6) (a) Contamination of a private water supply, as defined under sub.
23(1) (b) 1. or, 2., 4., or 5. is required to be established by analysis of at least 2 samples
24of water, taken at least 2 weeks apart, in a manner which assures the validity of the
25test results. The samples shall be tested by a laboratory certified under s. 299.11.
SB70-SSA2-SA5,130
1Section 130. 281.75 (7) (a) of the statutes is amended to read:
SB70-SSA2-SA5,73,72 281.75 (7) (a) If the department finds that the claimant meets all the
3requirements of this section and rules promulgated under this section and that the
4private water supply is contaminated or that the well is a well subject to
5abandonment, the department shall issue an award. The Except as provided under
6par. (am), the
award may not pay more than 75 percent of the eligible costs. The
7award may not pay any portion of eligible costs in excess of $16,000.
SB70-SSA2-SA5,131 8Section 131. 281.75 (7) (am) of the statutes is created to read:
Loading...
Loading...