AB50-ASA2-AA12,4712Section 47. 20.005 (3) (schedule) of the statutes: at the appropriate place, 13insert the following amounts for the purposes indicated: AB50-ASA2-AA12,15,7520.320 (2) (a) Lead service line replacement. As a continuing appropriation, 6the amounts in the schedule for lead service line replacement loans under s. 281.61 7(8) (b). AB50-ASA2-AA12,15,12920.370 (4) (pf) General program operations — PFAS; general fund. As a 10continuing appropriation, from the general fund, the amounts in the schedule for 11addressing and preventing perfluoroalkyl and polyfluoroalkyl substances 12contamination in this state. AB50-ASA2-AA12,15,171420.370 (4) (pq) General program operations — PFAS innocent landowner 15remediation. As a continuing appropriation, from the environmental fund, the 16amounts in the schedule for actions taken under s. 292.31 to address and prevent 17perfluoroalkyl and polyfluoroalkyl substances contamination in this state. AB50-ASA2-AA12,15,231992.14 (18) PFAS monitoring. As part of any statewide monitoring program, 20sampling program, or survey conducted by the department, any samples that are 21collected and tested shall also, at the department’s discretion and where 22appropriate, be tested for the presence of any perfluoroalkyl or polyfluoroalkyl 23substance. AB50-ASA2-AA12,52
1Section 52. 160.07 (5) of the statutes is renumbered 160.07 (5) (a) and 2amended to read: AB50-ASA2-AA12,16,83160.07 (5) (a) Within Except as provided under par. (b), within 9 months after 4transmitting the name of a substance to the department of health services under 5sub. (2), the department of natural resources shall propose rules establishing the 6recommendation of the department of health services as the enforcement standard 7for that substance and publish the notice required under s. 227.16 (2) (e), 227.17 or 8227.24 (3). AB50-ASA2-AA12,16,1510160.07 (5) (b) Within 3 months after receiving a recommended enforcement 11standard for a perfluoroalkyl or polyfluoroalkyl substance from the department of 12health services under sub. (3), the department of natural resources shall prepare a 13statement of scope under s. 227.135 of proposed rules that establish the 14recommendation of the department of health services as the enforcement standard 15for that substance. AB50-ASA2-AA12,16,2217227.139 (5) This section does not apply to a proposed rule of the department 18of natural resources establishing acceptable levels and standards, performance 19standards, enforcement standards and preventative action limits, monitoring 20requirements, and required response actions for any perfluoroalkyl or 21polyfluoroalkyl substance or group or class of such substances in groundwater, 22drinking water, surface water, air, soil, or sediment. AB50-ASA2-AA12,17,7
1227.19 (7) Nonapplication. This section does not apply to rules promulgated 2under s. 227.24, or to rules proposed by the department of natural resources 3establishing acceptable levels and standards, performance standards, enforcement 4standards and preventative action limits, monitoring requirements, and required 5response actions for any perfluoroalkyl or polyfluoroalkyl substance or group or 6class of such substances in groundwater, drinking water, surface water, air, soil, or 7sediment. AB50-ASA2-AA12,17,149227.26 (5) This section does not apply to a proposed rule of the department of 10natural resources establishing acceptable levels and standards, performance 11standards, enforcement standards and preventative action limits, monitoring 12requirements, and required response actions for any perfluoroalkyl or 13polyfluoroalkyl substance or group or class of such substances in groundwater, 14drinking water, surface water, air, soil, or sediment. AB50-ASA2-AA12,18,816281.61 (6) Priority list. The department shall establish a priority list that 17ranks each safe drinking water loan program project. The department shall 18promulgate rules for determining project rankings that, to the extent possible, give 19priority to projects that address the most serious risks to human health, that are 20necessary to ensure compliance with the Safe Drinking Water Act, 42 USC 300f to 21300j-26, and that assist applicants that are most in need on a per household basis, 22according to affordability criteria specified in the rules. For the purpose of ranking 23projects under this subsection, the department shall treat a project to upgrade a
1public water system to provide continuous disinfection of the water that it 2distributes as if the public water system were a surface water system that federal 3law requires to provide continuous disinfection. For the purpose of ranking projects 4under this subsection, if the department of health services has recommended an 5enforcement standard for a perfluoroalkyl or polyfluoroalkyl substance, the 6department of natural resources shall treat a project relating to that perfluoroalkyl 7or polyfluoroalkyl substance as if a maximum contaminant level for that substance 8has been attained or exceeded. AB50-ASA2-AA12,18,1210281.61 (8) (b) The department of administration shall allocate the amount 11appropriated under s. 20.320 (2) (a) to projects involving forgivable loans to private 12users of public water systems to replace lead service lines. AB50-ASA2-AA12,18,1514281.79 Negotiations for alternate source of water due to PFAS 15contamination. (1) Definitions. In this section: AB50-ASA2-AA12,18,1716(a) “Municipality” means a city, village, town, county, utility district, lake 17protection district, sewerage district, or municipal airport. AB50-ASA2-AA12,18,1818(b) “Private water supply” has the meaning given in s. 281.77 (1) (a). AB50-ASA2-AA12,19,619(2) Mediation. A municipality that contains private water supplies that have 20been contaminated by a perfluoroalkyl or polyfluoroalkyl substance in excess of a 21state or federal drinking water standard, a state groundwater standard, or a public 22health recommendation from the department of health services under s. 160.07 23may request that the department appoint a mediator to assist in negotiations for
1the supply of an alternate source of water provided by or connected to a water 2supply located within another municipality. The department may not appoint a 3mediator under this section unless the department receives written consent from 4both municipalities. A person responsible under s. 292.11 (3), if any, may 5participate in negotiations. The department shall promulgate rules to implement 6this section, including rules for the allocation of the cost of the mediator. AB50-ASA2-AA12,19,188283.31 (4) (g) That, if the permit allows for the land application of sewage 9sludge, the permittee shall, before first applying sludge and at least once per year 10thereafter, sample and test the sludge for all perfluoroalkyl or polyfluoroalkyl 11substances for which there is a state or federal standard, a public health 12recommendation from the department of health services under s. 160.07, or a 13health advisory issued by the federal environmental protection agency. The 14permittee shall, before applying sludge to land in any year, report the sampling and 15testing results to the department and to the property owner of each tax parcel upon 16which sludge will be applied. The sampling and testing required under this 17paragraph shall be in addition to any sampling and testing otherwise required 18under the permit. AB50-ASA2-AA12,19,2220283.31 (4) (h) That, if the permittee is a treatment work, the permittee will 21test all sewage sludge for the presence of perfluoroalkyl or polyfluoroalkyl 22substances and report the testing results to the department. AB50-ASA2-AA12,20,4
1292.11 (8m) Site-specific standards. If no standard exists for a hazardous 2substance, the person responsible under sub. (3) shall propose site-specific 3environmental standards for department approval for the actions required under 4this chapter and rules promulgated under this chapter. AB50-ASA2-AA12,20,96292.11 (9) (g) 1. In this paragraph, “PFAS” means a perfluoroalkyl or 7polyfluoroalkyl substances for which there is a state or federal standard, a public 8health recommendation from the department of health services under s. 160.07, or 9a health advisory issued by the federal environmental protection agency. AB50-ASA2-AA12,20,12102. Except as provided in subd. 3, a person who possesses or controls property 11where a PFAS discharge occurred is exempt from subs. (3), (4), and (7) (b) and (c) for 12the PFAS discharge if all of the following apply: AB50-ASA2-AA12,20,1313a. The property is exclusively used for agricultural use or residential use. AB50-ASA2-AA12,20,1514b. The discharge was caused by land application of sludge permitted under ch. 15283. AB50-ASA2-AA12,20,2016c. The person who possesses or controls the property where the PFAS 17discharge occurred agrees to allow the department, any authorized representatives 18of the department, any party that possessed or controlled the PFAS or caused the 19discharge of the PFAS, and any consultant or contractor of such a party to enter the 20property to take action to respond to the discharge. AB50-ASA2-AA12,20,2421d. The person who possesses or controls the property where the PFAS 22discharge occurred does not interfere with any action taken in response to the 23discharge and does not take any action that worsens or contributes to the PFAS 24discharge. AB50-ASA2-AA12,21,6
1e. The person who possesses or controls the property where the PFAS 2discharge occurred follows any other condition that the department determines is 3reasonable and necessary to ensure that the department or other person described 4in subd. 2. c. is able to adequately respond to the discharge, including taking action 5necessary to protect human health, safety, or welfare or the environment, taking 6into consideration the current or intended use of the property. AB50-ASA2-AA12,21,107f. The person who possesses or controls the property where the PFAS 8discharge occurred allows the department to limit public access to the property if 9the department determines such limitation of access is necessary to prevent an 10imminent threat to human health, safety, or welfare or to the environment. AB50-ASA2-AA12,21,12113. a. The exemption under subd. 2. does not apply to any substances other 12than PFAS. AB50-ASA2-AA12,21,1513b. The exemption under subd. 2. does not apply if the person that possesses or 14controls the property where the PFAS discharge occurred takes action that worsens 15or contributes to the PFAS discharge. AB50-ASA2-AA12,22,2164. A person who is exempt from subs. (3), (4), and (7) (b) and (c) pursuant to 17subd. 2. shall provide written disclosure to any prospective purchaser of the 18property, either through sale or land contract, before entering into a contract and to 19prospective tenants of the property, including agricultural and residential tenants 20before entering into a lease agreement. Written disclosure shall be provided to any 21current tenants as soon as reasonably practicable and upon any reissuance or 22renewal of a lease. Written disclosure shall include, at a minimum, a description of 23the type of contamination, the location and description of any action taken to 24control or treat the contamination, PFAS sample dates and results, and a
1description of compliance with reporting required under sub. (2). A copy of the 2disclosure shall be provided to the department upon request. AB50-ASA2-AA12,22,635. The exemption under subd. 2 may not be transferred to a subsequent owner 4of the property on which the PFAS discharge occurred. Each person that possesses 5or controls the property where the PFAS discharge occurred must establish 6eligibility for the exemption under subd. 2. AB50-ASA2-AA12,22,1576. A person may submit to the department information supporting that the 8person satisfies the requirements of subd. 2. The department shall issue a written 9determination that a person who possesses or controls property where the PFAS 10discharge occurred is exempt from subs. (3), (4), and (7) (b) and (c) if the person 11satisfies the requirements in subd. 2. The department may request additional 12information before issuing a determination. The department may revoke its 13determination if it determines that any of the requirements of subd. 2 cease to be 14met. The department may, in accordance with rules that it promulgates, assess and 15collect fees to offset the costs of issuing determinations under this subdivision. AB50-ASA2-AA12,22,16167. The exemption under subd. 2. does not apply after December 31, 2035. AB50-ASA2-AA12,22,2218292.11 (14) Determination of responsible party. Applications for 19compensation or grants under the well compensation program under s. 281.75, the 20county well testing grant program under s. 281.54, or any state financial assistance 21program funded by the federal American Rescue Plan Act of 2021, P.L. 117-2, may 22not be used by the department to determine responsibility under sub. (3). AB50-ASA2-AA12,6523Section 65. 292.31 (1) (d) (intro.) of the statutes is amended to read: AB50-ASA2-AA12,23,824292.31 (1) (d) Access to information. (intro.) Upon the request of any officer,
1employee, or authorized representative of the department, any person who 2generated, transported, treated, stored, or disposed of solid or hazardous waste 3which that may have been disposed of at a site or facility under investigation by the 4department and any person who generated solid or hazardous waste at a site or 5facility under investigation by the department that was transported to, treated at, 6stored at, or disposed of at another site, facility, or location shall provide the officer, 7employee, or authorized representative access to any records or documents in that 8person’s custody, possession, or control which relate to: AB50-ASA2-AA12,23,1210292.31 (1) (d) 1m. The type and quantity of waste generated at the site or 11facility that was transported to, treated at, stored at, or disposed of at another site, 12facility, or location, and the dates and locations of these activities. AB50-ASA2-AA12,23,1514292.67 PFAS community grant program. (1) Definitions. In this 15section: AB50-ASA2-AA12,23,1616(a) “Class B firefighting foam” has the meaning given in s. 299.48 (1) (a). AB50-ASA2-AA12,23,1817(b) “Municipality” means a city, village, town, county, tribal governing body, 18utility district, lake protection district, sewerage district, or municipal airport. AB50-ASA2-AA12,23,1919(c) “PFAS” means a perfluoroalkyl or polyfluoroalkyl substance. AB50-ASA2-AA12,23,2320(2) Financial assistance. The department shall administer a program to 21provide grants from the appropriation under s. 20.370 (4) (mw) to municipalities 22that meet the requirements under sub. (3) for the purpose of conducting any of the 23eligible activities under sub. (4). AB50-ASA2-AA12,24,2
1(3) Eligibility prerequisites. A grant may be awarded under sub. (2) only 2if one of the following has occurred: AB50-ASA2-AA12,24,63(a) The municipality tested or trained with a class B firefighting foam that 4contained intentionally added PFAS in accordance with applicable state and federal 5law, or a 3rd party tested or trained with a class B firefighting foam that contained 6intentionally added PFAS within the area controlled by the municipality. AB50-ASA2-AA12,24,87(b) The municipality applied biosolids to land under a permit issued by DNR 8under s. 283.31. AB50-ASA2-AA12,24,129(c) PFAS are impacting the municipality’s drinking water supply or surface 10water or groundwater within the area controlled by the municipality and the 11responsible party is unknown or is unwilling or unable to take the necessary 12response actions. AB50-ASA2-AA12,24,1413(d) PFAS contamination in groundwater is impacting private wells within the 14area controlled by the municipality. AB50-ASA2-AA12,24,1615(4) Eligible activities. The department may award a grant under sub. (2) 16for any of the following activities: AB50-ASA2-AA12,24,1817(a) Investigating potential PFAS impacts to the air, land, or water at a site or 18facility for the purpose of reducing or eliminating environmental contamination. AB50-ASA2-AA12,24,2019(b) Treating or disposing of PFAS-containing firefighting foam containers 20from a municipal site or facility. AB50-ASA2-AA12,24,2221(c) Sampling a private water supply within 3 miles of a site or facility known 22to contain PFAS or to have caused a PFAS discharge. AB50-ASA2-AA12,25,2
1(d) Assisting owners of private wells with the cost of installation of filters, 2treatment, or well replacement. AB50-ASA2-AA12,25,43(e) Providing a temporary emergency water supply, a water treatment system, 4or bulk water to replace water contaminated with PFAS. AB50-ASA2-AA12,25,65(f) Conducting emergency, interim, or remedial actions to mitigate, treat, 6dispose of, or remove PFAS contamination to the air, land, or waters of the state. AB50-ASA2-AA12,25,117(g) Removing or treating PFAS in a public water system using the most cost-8effective method to provide safe drinking water in areas where PFAS levels exceed 9the maximum contaminant level for PFAS under ch. 281 or an enforcement 10standard for PFAS under ch. 160 or where the state has issued a health advisory for 11PFAS. AB50-ASA2-AA12,25,1412(h) Creating a new public water system or connecting private well owners to 13an existing public water system in an area in which there is widespread PFAS 14contamination in private water supplies. AB50-ASA2-AA12,25,1815(i) Sampling and testing water for PFAS contamination in a public, private, or 16tribal elementary or secondary school, a child care center that is licensed under s. 1748.65, a child care program that is established or contracted for under s. 120.13 18(14), or a child care provider that is certified under s. 48.651. AB50-ASA2-AA12,25,2219(5) Application. A municipality shall apply for a grant on a form prescribed 20by the department and shall include any information that the department finds 21necessary to determine the eligibility of the project, identify the funding requested, 22determine the priority of the project, and calculate the amount of a grant. AB50-ASA2-AA12,26,2
1(6) Evaluation criteria. The department, in awarding grants under this 2section, shall consider all of the following criteria: AB50-ASA2-AA12,26,53(a) The municipality’s demonstrated commitment to performing and 4completing eligible activities, including the municipality’s financial commitment 5and ability to successfully administer grants. AB50-ASA2-AA12,26,76(b) The degree to which the project will have a positive impact on public 7health and the environment. AB50-ASA2-AA12,26,98(c) Other criteria that the department finds necessary to prioritize the funds 9available for awarding grants. AB50-ASA2-AA12,26,1310(7) Matching funds. The department may not distribute a grant under this 11section unless the applicant contributes matching funds equal to at least 20 percent 12of the amount of the grant. Matching funds may be in the form of cash, in-kind 13contributions, or both. AB50-ASA2-AA12,26,1814(8) Rulemaking. The department shall promulgate rules necessary to 15administer this section, including procedures for submission, review, and 16determination of applications for assistance under this section. The rules 17promulgated under this subsection shall give priority to providing assistance to 18owners of private wells contaminated with PFAS. AB50-ASA2-AA12,27,1420292.74 Financial responsibility for PFAS. The department may, if it 21determines doing so is necessary to protect human health or the environment, 22require a person who possesses or controls or who causes the discharge of a 23perfluoroalkyl or polyfluoroalkyl substance, and any person who manufactures any
1product that contains intentionally added perfluoroalkyl or polyfluoroalkyl 2substances, to provide proof of financial responsibility for conducting emergency 3response actions, remedial actions, environmental repair, and long-term care to 4address contamination by a potential discharge of a perfluoroalkyl or 5polyfluoroalkyl substance or environmental pollution that may be caused by a 6discharge of such substances. The department shall establish, by rule, the 7procedure for determining whether requiring a proof of financial responsibility is 8necessary to protect human health or the environment, and may establish 9requirements for types of financial responsibility, methods for calculating amounts 10of financial responsibility, access and default, bankruptcy notifications, and any 11other requirements the department determines is necessary under this section. 12The proof of financial responsibility required under this section shall be in addition 13to any other proof of financial responsibility or financial assurance required under 14this chapter. This section does not apply to a person exempt under s. 292.11 (9).
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