Amendment SA5-SSA2-SB70

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:

SB70-SSA2-SA5,47,9 “ Section 72. 92.14 (3) (intro.) of the statutes is amended to read:

SB70-SSA2-SA5,47,18 92.14 (3) Basic allocations to counties. (intro.) To help counties fund their land and water conservation activities, the department shall award an annual grant from the appropriation under s. 20.115 (7) (c), (qe), or (qf) or s. 20.866 (2) (we) to any county land conservation committee that has a land and water resource management plan approved by the department under s. 92.10 (4) (d), and that, by county board action, has resolved to provide any matching funds required under sub. (5g) unless the county is seeking a grant under sub. (3) (h). The county may use the grant for land and water resource management planning and for any of the following purposes, consistent with the approved land and water resource management plan:

SB70-SSA2-SA5,73 Section 73. 92.14 (3) (a) 6. of the statutes is created to read:

SB70-SSA2-SA5,47,20 92.14 (3) (a) 6. Long-range planning and erosion control mitigation.

SB70-SSA2-SA5,74 Section 74. 92.14 (3) (h) of the statutes is created to read:

SB70-SSA2-SA5,47,24 92.14 (3) (h) A grant to a county that assists the county in meeting a matching funds requirement under sub. (5g) for a 2nd or 3rd staff person, as provided under sub. (6) (b).

SB70-SSA2-SA5,75 Section 75. 92.14 (5g) (a) of the statutes is amended to read:

SB70-SSA2-SA5,48,7 92.14 (5g) (a) Except as provided in par. (b), if a grant under sub. (3) (a) to (g) provides funding for salary and fringe benefits for more than one county staff person, a county shall provide matching funds, as determined by the department by rule, equal to 30 percent of the cost of salary and fringe benefits for the 2nd staff person and 50 percent of the cost of salary and fringe benefits for any additional staff persons the 3rd staff person for whom the grant provides funding.

SB70-SSA2-SA5,76 Section 76. 92.14 (6) (b) of the statutes is amended to read:

SB70-SSA2-SA5,48,20 92.14 (6) (b) The department and the department of natural resources shall prepare an annual grant allocation plan identifying the amounts to be provided to counties under this section and ss. 281.65 and 281.66. In the allocation plan, the departments shall attempt to provide funding under this section for an average of 3 staff persons per county with full funding for the first staff person, 70 percent funding for the 2nd staff person and 50 percent funding for any additional staff persons the 3rd staff person and to provide an average of $100,000 per county for cost-sharing grants under sub. (3) (a) to (g). If after meeting these goals there are additional funds available, the departments may provide funding in the allocation plan to counties for a 4th or subsequent staff person with a matching requirement to be determined by the departments and for assistance under sub (3) (h). The department shall submit that plan to the board.”.

SB70-SSA2-SA5,48,21 105. Page 374, line 11: after that line insert:

SB70-SSA2-SA5,48,23 “ Section 77. 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 - See PDF for table

SB70-SSA2-SA5,78 Section 78. 20.115 (7) (da) of the statutes is created to read:

SB70-SSA2-SA5,49,3 20.115 (7) (da) Biodigester operator certification grants. The amounts in the schedule for biodigester operator certification grants under s. 93.75.

SB70-SSA2-SA5,79 Section 79. 20.115 (7) (u) of the statutes is created to read:

SB70-SSA2-SA5,49,7 20.115 (7) (u) Planning grants for regional biodigesters. From the environmental fund, the amounts in the schedule for providing planning grants for establishing regional biodigesters under s. 93.74.

SB70-SSA2-SA5,80 Section 80. 93.75 of the statutes is created to read:

SB70-SSA2-SA5,49,11 93.75 Biodigester operator certification grants. (1) Grants. From the appropriation under s. 20.115 (7) (da), the department shall award grants to individuals seeking biodigester operator certification.

SB70-SSA2-SA5,49,13 (2) Rules. The department may promulgate rules establishing the application process and grant-awarding criteria for the biodigester operator certification grants.

SB70-SSA2-SA5,81 Section 81. 93.74 of the statutes is created to read:

SB70-SSA2-SA5,50,3 93.74 Planning grants for regional biodigesters. (1) Grant program. From the appropriation under s. 20.115 (7) (u), the department shall provide planning grants for establishing regional biodigesters.

SB70-SSA2-SA5,50,5 (2) Rules. The department shall promulgate rules for the administration of this section.”.

SB70-SSA2-SA5,50,6 106. Page 374, line 11: after that line insert:

SB70-SSA2-SA5,50,7 “ Section 82. 292.74 of the statutes is created to read:

SB70-SSA2-SA5,50,22 292.74 Financial responsibility for PFAS. The department may, if it determines doing so is necessary to protect human health or the environment, require a person who possesses or controls a perfluoroalkyl or polyfluoroalkyl substance to provide proof of financial responsibility for conducting emergency response actions, remedial actions, environmental repair, and long-term care to address contamination by a potential discharge of perfluoroalkyl or polyfluoroalkyl substances or environmental pollution that may be caused by a discharge of such substances. The department shall establish, by rule, the procedure for determining whether requiring a proof of financial responsibility is necessary to protect human health or the environment, and may establish requirements for types of financial responsibility, methods for calculating amounts of financial responsibility, access and default, bankruptcy notifications, and any other requirements the department determines are necessary under this section. The proof of financial responsibility required under this section shall be in addition to any other proof of financial responsibility or financial assurance required under this chapter.”.

SB70-SSA2-SA5,50,23 107. Page 374, line 11: after that line insert:

SB70-SSA2-SA5,50,24 “ Section 83. 292.31 (1) (d) (intro.) of the statutes is amended to read:

SB70-SSA2-SA5,51,9 292.31 (1) (d) Access to information. (intro.) Upon the request of any officer, employee, or authorized representative of the department, any person who generated, transported, treated, stored, or disposed of solid or hazardous waste which that may have been disposed of at a site or facility under investigation by the department and any person who generated solid or hazardous waste at a site or facility under investigation by the department that was transported to, treated at, stored at, or disposed of at another site, facility, or location shall provide the officer, employee, or authorized representative access to any records or documents in that person's custody, possession, or control which relate to:

SB70-SSA2-SA5,84 Section 84. 292.31 (1) (d) 1m. of the statutes is created to read:

SB70-SSA2-SA5,51,13 292.31 (1) (d) 1m. The type and quantity of waste generated at the site or facility that was transported to, treated at, stored at, or disposed of at another site, facility, or location, and the dates and locations of these activities.”.

SB70-SSA2-SA5,51,14 108. Page 374, line 11: after that line insert:

SB70-SSA2-SA5,51,15 “ Section 85. 299.44 of the statutes is created to read:

SB70-SSA2-SA5,51,16 299.44 Sale and use of coal tar sealants. (1) Definitions. In this section:

SB70-SSA2-SA5,51,20 (a) “Coal tar sealant product” means a surface-applied sealing product containing coal tar, coal tar pitch, coal tar pitch volatiles, or any variation assigned the Chemical Abstracts Service (CAS) number 65996-93-2, 65996-89-6, or 8007-45-2.

SB70-SSA2-SA5,51,22 (b) “High PAH sealant product” means a surface-applied sealing product that contains more than 0.1 percent polycyclic aromatic hydrocarbons by weight.

SB70-SSA2-SA5,52,3 (2) Prohibitions. (a) Beginning January 1, 2024, no person may sell or offer for sale a coal tar sealant product or high PAH sealant product, except as provided in sub. (3).

SB70-SSA2-SA5,52,5 (b) Beginning July 1, 2024, no person may apply a coal tar sealant product or high PAH sealant product, except as provided in sub. (3).

SB70-SSA2-SA5,52,7 (3) Exemptions. The department may grant an exemption to the prohibitions under sub. (2) to any of the following upon written request:

SB70-SSA2-SA5,52,9 (a) A person who is researching the effects of a coal tar sealant product or high PAH sealant product on the environment.

SB70-SSA2-SA5,52,12 (b) A person who is developing an alternative technology if the use of a coal tar sealant product or high PAH sealant product is required for research or development.”.

SB70-SSA2-SA5,52,13 109. Page 374, line 11: after that line insert:

SB70-SSA2-SA5,52,14 “ Section 86. 15.347 (2) of the statutes is repealed.

SB70-SSA2-SA5,87 Section 87. 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 - See PDF for table

SB70-SSA2-SA5,88 Section 88. 20.370 (4) (eq) of the statutes is repealed.

SB70-SSA2-SA5,89 Section 89. 20.370 (6) (eq) of the statutes is repealed.

SB70-SSA2-SA5,90 Section 90. 20.370 (6) (et) of the statutes is created to read:

SB70-SSA2-SA5,53,6 20.370 (6) (et) Environmental aids — revitalize Wisconsin program. Biennially, from the environmental fund, the amounts in the schedule for aid awards under s. 292.66 and to make any required payments under s. 25.43 (2s).

SB70-SSA2-SA5,91 Section 91. 20.370 (6) (eu) of the statutes is created to read:

SB70-SSA2-SA5,53,13 20.370 (6) (eu) Environmental aids — waste removal and sampling. Biennially, from the environmental fund, the amounts in the schedule to provide financial assistance for the purpose of removing waste materials that have accumulated or been dumped on abandoned properties and to conduct sampling and testing to determine if those properties pose a risk to public health and safety or the environment.

SB70-SSA2-SA5,92 Section 92. 20.370 (9) (nq) of the statutes is repealed.

SB70-SSA2-SA5,93 Section 93. 20.566 (1) (r) of the statutes is amended to read:

SB70-SSA2-SA5,53,18 20.566 (1) (r) Administration of dry cleaner fees. From the dry cleaner environmental response environmental fund, the amounts in the schedule for the purpose of administering the fees under subch. XII of ch. 77.

SB70-SSA2-SA5,94 Section 94. 25.17 (1) (d) of the statutes is repealed.