AB50-ASA2-AA14,5,16
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 10distributes as if the public water system were a surface water system that federal 11law requires to provide continuous disinfection. For the purpose of ranking projects 12under this subsection, if the department of health services has recommended an 13enforcement standard for a perfluoroalkyl or polyfluoroalkyl substance, the 14department of natural resources shall treat a project relating to that perfluoroalkyl 15or polyfluoroalkyl substance as if a maximum contaminant level for that substance 16has been attained or exceeded. AB50-ASA2-AA14,5,2018281.61 (8) (b) The department of administration shall allocate the amount 19appropriated under s. 20.320 (2) (a) to projects involving forgivable loans to private 20users of public water systems to replace lead service lines. AB50-ASA2-AA14,5,2322281.79 Negotiations for alternate source of water due to PFAS 23contamination. (1) Definitions. In this section: AB50-ASA2-AA14,6,2
1(a) “Municipality” means a city, village, town, county, utility district, lake 2protection district, sewerage district, or municipal airport. AB50-ASA2-AA14,6,33(b) “Private water supply” has the meaning given in s. 281.77 (1) (a). AB50-ASA2-AA14,6,144(2) Mediation. A municipality that contains private water supplies that have 5been contaminated by a perfluoroalkyl or polyfluoroalkyl substance in excess of a 6state or federal drinking water standard, a state groundwater standard, or a public 7health recommendation from the department of health services under s. 160.07 8may request that the department appoint a mediator to assist in negotiations for 9the supply of an alternate source of water provided by or connected to a water 10supply located within another municipality. The department may not appoint a 11mediator under this section unless the department receives written consent from 12both municipalities. A person responsible under s. 292.11 (3), if any, may 13participate in negotiations. The department shall promulgate rules to implement 14this section, including rules for the allocation of the cost of the mediator. AB50-ASA2-AA14,7,316283.31 (4) (g) That, if the permit allows for the land application of sewage 17sludge, the permittee shall, before first applying sludge and at least once per year 18thereafter, sample and test the sludge for all perfluoroalkyl or polyfluoroalkyl 19substances for which there is a state or federal standard, a public health 20recommendation from the department of health services under s. 160.07, or a 21health advisory issued by the federal environmental protection agency. The 22permittee shall, before applying sludge to land in any year, report the sampling and 23testing results to the department and to the property owner of each tax parcel upon
1which sludge will be applied. The sampling and testing required under this 2paragraph shall be in addition to any sampling and testing otherwise required 3under the permit. AB50-ASA2-AA14,7,75283.31 (4) (h) That, if the permittee is a treatment work, the permittee will 6test all sewage sludge for the presence of perfluoroalkyl or polyfluoroalkyl 7substances and report the testing results to the department. AB50-ASA2-AA14,7,129292.11 (8m) Site-specific standards. If no standard exists for a hazardous 10substance, the person responsible under sub. (3) shall propose site-specific 11environmental standards for department approval for the actions required under 12this chapter and rules promulgated under this chapter. AB50-ASA2-AA14,7,1714292.11 (9) (g) 1. In this paragraph, “PFAS” means a perfluoroalkyl or 15polyfluoroalkyl substances for which there is a state or federal standard, a public 16health recommendation from the department of health services under s. 160.07, or 17a health advisory issued by the federal environmental protection agency. AB50-ASA2-AA14,7,20182. Except as provided in subd. 3, a person who possesses or controls property 19where a PFAS discharge occurred is exempt from subs. (3), (4), and (7) (b) and (c) for 20the PFAS discharge if all of the following apply: AB50-ASA2-AA14,7,2121a. The property is exclusively used for agricultural use or residential use. AB50-ASA2-AA14,7,2322b. The discharge was caused by land application of sludge permitted under ch. 23283. AB50-ASA2-AA14,8,424c. The person who possesses or controls the property where the PFAS
1discharge occurred agrees to allow the department, any authorized representatives 2of the department, any party that possessed or controlled the PFAS or caused the 3discharge of the PFAS, and any consultant or contractor of such a party to enter the 4property to take action to respond to the discharge. AB50-ASA2-AA14,8,85d. The person who possesses or controls the property where the PFAS 6discharge occurred does not interfere with any action taken in response to the 7discharge and does not take any action that worsens or contributes to the PFAS 8discharge. AB50-ASA2-AA14,8,149e. The person who possesses or controls the property where the PFAS 10discharge occurred follows any other condition that the department determines is 11reasonable and necessary to ensure that the department or other person described 12in subd. 2. c. is able to adequately respond to the discharge, including taking action 13necessary to protect human health, safety, or welfare or the environment, taking 14into consideration the current or intended use of the property. AB50-ASA2-AA14,8,1815f. The person who possesses or controls the property where the PFAS 16discharge occurred allows the department to limit public access to the property if 17the department determines such limitation of access is necessary to prevent an 18imminent threat to human health, safety, or welfare or to the environment. AB50-ASA2-AA14,8,20193. a. The exemption under subd. 2. does not apply to any substances other 20than PFAS. AB50-ASA2-AA14,8,2321b. The exemption under subd. 2. does not apply if the person that possesses or 22controls the property where the PFAS discharge occurred takes action that worsens 23or contributes to the PFAS discharge. AB50-ASA2-AA14,9,10244. A person who is exempt from subs. (3), (4), and (7) (b) and (c) pursuant to
1subd. 2. shall provide written disclosure to any prospective purchaser of the 2property, either through sale or land contract, before entering into a contract and to 3prospective tenants of the property, including agricultural and residential tenants 4before entering into a lease agreement. Written disclosure shall be provided to any 5current tenants as soon as reasonably practicable and upon any reissuance or 6renewal of a lease. Written disclosure shall include, at a minimum, a description of 7the type of contamination, the location and description of any action taken to 8control or treat the contamination, PFAS sample dates and results, and a 9description of compliance with reporting required under sub. (2). A copy of the 10disclosure shall be provided to the department upon request. AB50-ASA2-AA14,9,14115. The exemption under subd. 2 may not be transferred to a subsequent owner 12of the property on which the PFAS discharge occurred. Each person that possesses 13or controls the property where the PFAS discharge occurred must establish 14eligibility for the exemption under subd. 2. AB50-ASA2-AA14,9,23156. A person may submit to the department information supporting that the 16person satisfies the requirements of subd. 2. The department shall issue a written 17determination that a person who possesses or controls property where the PFAS 18discharge occurred is exempt from subs. (3), (4), and (7) (b) and (c) if the person 19satisfies the requirements in subd. 2. The department may request additional 20information before issuing a determination. The department may revoke its 21determination if it determines that any of the requirements of subd. 2 cease to be 22met. The department may, in accordance with rules that it promulgates, assess and 23collect fees to offset the costs of issuing determinations under this subdivision. AB50-ASA2-AA14,9,24247. The exemption under subd. 2. does not apply after December 31, 2035. AB50-ASA2-AA14,10,62292.11 (14) Determination of responsible party. Applications for 3compensation or grants under the well compensation program under s. 281.75, the 4county well testing grant program under s. 281.54, or any state financial assistance 5program funded by the federal American Rescue Plan Act of 2021, P.L. 117-2, may 6not be used by the department to determine responsibility under sub. (3). AB50-ASA2-AA14,207Section 20. 292.31 (1) (d) (intro.) of the statutes is amended to read: AB50-ASA2-AA14,10,168292.31 (1) (d) Access to information. (intro.) Upon the request of any officer, 9employee, or authorized representative of the department, any person who 10generated, transported, treated, stored, or disposed of solid or hazardous waste 11which that may have been disposed of at a site or facility under investigation by the 12department and any person who generated solid or hazardous waste at a site or 13facility under investigation by the department that was transported to, treated at, 14stored at, or disposed of at another site, facility, or location shall provide the officer, 15employee, or authorized representative access to any records or documents in that 16person’s custody, possession, or control which relate to: AB50-ASA2-AA14,2117Section 21. 292.31 (1) (d) 1m. of the statutes is created to read: AB50-ASA2-AA14,10,2018292.31 (1) (d) 1m. The type and quantity of waste generated at the site or 19facility that was transported to, treated at, stored at, or disposed of at another site, 20facility, or location, and the dates and locations of these activities. AB50-ASA2-AA14,10,2322292.67 PFAS community grant program. (1) Definitions. In this 23section: AB50-ASA2-AA14,10,2424(a) “Class B firefighting foam” has the meaning given in s. 299.48 (1) (a). AB50-ASA2-AA14,11,2
1(b) “Municipality” means a city, village, town, county, tribal governing body, 2utility district, lake protection district, sewerage district, or municipal airport. AB50-ASA2-AA14,11,33(c) “PFAS” means a perfluoroalkyl or polyfluoroalkyl substance. AB50-ASA2-AA14,11,74(2) Financial assistance. The department shall administer a program to 5provide grants from the appropriation under s. 20.370 (4) (mw) to municipalities 6that meet the requirements under sub. (3) for the purpose of conducting any of the 7eligible activities under sub. (4). AB50-ASA2-AA14,11,98(3) Eligibility prerequisites. A grant may be awarded under sub. (2) only 9if one of the following has occurred: AB50-ASA2-AA14,11,1310(a) The municipality tested or trained with a class B firefighting foam that 11contained intentionally added PFAS in accordance with applicable state and federal 12law, or a 3rd party tested or trained with a class B firefighting foam that contained 13intentionally added PFAS within the area controlled by the municipality. AB50-ASA2-AA14,11,1514(b) The municipality applied biosolids to land under a permit issued by DNR 15under s. 283.31. AB50-ASA2-AA14,11,1916(c) PFAS are impacting the municipality’s drinking water supply or surface 17water or groundwater within the area controlled by the municipality and the 18responsible party is unknown or is unwilling or unable to take the necessary 19response actions. AB50-ASA2-AA14,11,2120(d) PFAS contamination in groundwater is impacting private wells within the 21area controlled by the municipality. AB50-ASA2-AA14,11,2322(4) Eligible activities. The department may award a grant under sub. (2) 23for any of the following activities: AB50-ASA2-AA14,12,2
1(a) Investigating potential PFAS impacts to the air, land, or water at a site or 2facility for the purpose of reducing or eliminating environmental contamination. AB50-ASA2-AA14,12,43(b) Treating or disposing of PFAS-containing firefighting foam containers 4from a municipal site or facility. AB50-ASA2-AA14,12,65(c) Sampling a private water supply within 3 miles of a site or facility known 6to contain PFAS or to have caused a PFAS discharge. AB50-ASA2-AA14,12,87(d) Assisting owners of private wells with the cost of installation of filters, 8treatment, or well replacement. AB50-ASA2-AA14,12,109(e) Providing a temporary emergency water supply, a water treatment system, 10or bulk water to replace water contaminated with PFAS. AB50-ASA2-AA14,12,1211(f) Conducting emergency, interim, or remedial actions to mitigate, treat, 12dispose of, or remove PFAS contamination to the air, land, or waters of the state. AB50-ASA2-AA14,12,1713(g) Removing or treating PFAS in a public water system using the most cost-14effective method to provide safe drinking water in areas where PFAS levels exceed 15the maximum contaminant level for PFAS under ch. 281 or an enforcement 16standard for PFAS under ch. 160 or where the state has issued a health advisory for 17PFAS. AB50-ASA2-AA14,12,2018(h) Creating a new public water system or connecting private well owners to 19an existing public water system in an area in which there is widespread PFAS 20contamination in private water supplies. AB50-ASA2-AA14,13,221(i) Sampling and testing water for PFAS contamination in a public, private, or 22tribal elementary or secondary school, a child care center that is licensed under s.
148.65, a child care program that is established or contracted for under s. 120.13 2(14), or a child care provider that is certified under s. 48.651. AB50-ASA2-AA14,13,63(5) Application. A municipality shall apply for a grant on a form prescribed 4by the department and shall include any information that the department finds 5necessary to determine the eligibility of the project, identify the funding requested, 6determine the priority of the project, and calculate the amount of a grant. AB50-ASA2-AA14,13,87(6) Evaluation criteria. The department, in awarding grants under this 8section, shall consider all of the following criteria: AB50-ASA2-AA14,13,119(a) The municipality’s demonstrated commitment to performing and 10completing eligible activities, including the municipality’s financial commitment 11and ability to successfully administer grants. AB50-ASA2-AA14,13,1312(b) The degree to which the project will have a positive impact on public 13health and the environment. AB50-ASA2-AA14,13,1514(c) Other criteria that the department finds necessary to prioritize the funds 15available for awarding grants. AB50-ASA2-AA14,13,1916(7) Matching funds. The department may not distribute a grant under this 17section unless the applicant contributes matching funds equal to at least 20 percent 18of the amount of the grant. Matching funds may be in the form of cash, in-kind 19contributions, or both. AB50-ASA2-AA14,14,220(8) Rulemaking. The department shall promulgate rules necessary to 21administer this section, including procedures for submission, review, and 22determination of applications for assistance under this section. The rules
1promulgated under this subsection shall give priority to providing assistance to 2owners of private wells contaminated with PFAS. AB50-ASA2-AA14,14,214292.74 Financial responsibility for PFAS. The department may, if it 5determines doing so is necessary to protect human health or the environment, 6require a person who possesses or controls or who causes the discharge of a 7perfluoroalkyl or polyfluoroalkyl substance, and any person who manufactures any 8product that contains intentionally added perfluoroalkyl or polyfluoroalkyl 9substances, to provide proof of financial responsibility for conducting emergency 10response actions, remedial actions, environmental repair, and long-term care to 11address contamination by a potential discharge of a perfluoroalkyl or 12polyfluoroalkyl substance or environmental pollution that may be caused by a 13discharge of such substances. The department shall establish, by rule, the 14procedure for determining whether requiring a proof of financial responsibility is 15necessary to protect human health or the environment, and may establish 16requirements for types of financial responsibility, methods for calculating amounts 17of financial responsibility, access and default, bankruptcy notifications, and any 18other requirements the department determines is necessary under this section. 19The proof of financial responsibility required under this section shall be in addition 20to any other proof of financial responsibility or financial assurance required under 21this chapter. This section does not apply to a person exempt under s. 292.11 (9). AB50-ASA2-AA14,14,2323299.487 Transportation and disposal of PFAS. (1) In this section: AB50-ASA2-AA14,15,7
1(a) “Environmental justice” means the fair treatment and meaningful 2involvement of all individuals, regardless of race, color, national origin, educational 3level, or income, with respect to the development, implementation, and enforcement 4of environmental laws, regulations, and policies to ensure that no population of 5color or community of color, indigenous community, or low-income community shall 6be exposed to a disproportionate burden of the negative human health and 7environmental impacts of pollution or other environmental hazards. AB50-ASA2-AA14,15,88(b) “PFAS” means a perfluoroalkyl or polyfluoroalkyl substance. AB50-ASA2-AA14,15,159(2) A person disposing of PFAS, or transporting PFAS for the purpose of 10disposal, shall attempt to the greatest extent possible to avoid disposing of PFAS in, 11or transporting PFAS to, any location where such disposal or transportation will 12contribute to environmental justice concerns and shall consider all reasonable 13alternatives for transport and disposal of PFAS. The department shall assist any 14person, upon request, in evaluating the environmental justice impacts of the 15person’s disposal or transportation of PFAS. AB50-ASA2-AA14,15,2317(1) Statewide biomonitoring studies. The department of health services 18shall conduct biomonitoring studies across the state to assess perfluoroalkyl and 19polyfluoroalkyl substance exposure levels and better understand the factors that 20affect perfluoroalkyl and polyfluoroalkyl substance exposure levels in different 21communities. The department may, as part of these studies, survey volunteer 22participants, test blood samples for the presence and levels of perfluoroalkyl and 23polyfluoroalkyl substances, and analyze the results. AB50-ASA2-AA14,16,11
1(2) Emergency rules for PFAS community grant program. The 2department of natural resources may use the procedure under s. 227.24 to 3promulgate emergency rules relating to the community grant program under s. 4292.67. Notwithstanding s. 227.24 (1) (a) and (3), the department is not required to 5provide evidence that promulgating a rule under this subsection as an emergency 6rule is necessary for the preservation of the public peace, health, safety, or welfare 7and is not required to provide a finding of emergency for a rule promulgated under 8this subsection. Notwithstanding s. 227.24 (1) (e) 1d. and 1g., for emergency rules 9promulgated under this subsection, the department is not required to prepare a 10statement of scope of the rules or to submit the proposed rules in final draft form to 11the governor for approval. AB50-ASA2-AA14,16,1713(1) PFAS biomonitoring studies. In the schedule under s. 20.005 (3) for the 14appropriation to the department of health services under s. 20.435 (1) (a), the dollar 15amount for fiscal year 2025-26 is increased by $630,000 and the dollar amount for 16fiscal year 2026-27 is increased by $630,000 to fund biomonitoring studies to assess 17and understand permanent perfluoroalkyl and polyfluoroalkyl exposure levels. AB50-ASA2-AA14,16,2318(2) Position authorizations; PFAS outreach. In the schedule under s. 1920.005 (3) for the appropriation to the department of health services under s. 2020.435 (1) (a), the dollar amount for fiscal year 2025-26 is increased by $80,900 and 21the dollar amount for fiscal year 2026-27 is increased by $104,500 to increase the 22authorized FTE positions for the department by 1.0 GPR position to act as a PFAS 23outreach specialist. AB50-ASA2-AA14,17,62(1) PFAS community grant program. In the schedule under s. 20.005 (3) for 3the appropriation to the department of natural resources under s. 20.370 (4) (mw), 4the dollar amount for fiscal year 2025-26 is increased by $116,350,000 and the 5dollar amount for fiscal year 2026-27 is increased by $8,650,000 for the PFAS 6community grant program under s. 292.67. AB50-ASA2-AA14,18,67(2) Position authorizations; PFAS. In the schedule under s. 20.005 (3) for 8the appropriation to the department of natural resources under s. 20.370 (4) (ma), 9the dollar amount for fiscal year 2025-26 is increased by $691,200 and the dollar 10amount for fiscal year 2026-27 is increased by $905,200 to increase the authorized 11FTE positions for the department by 10.0 GPR positions for the purpose of 12remediating and managing perfluoroalkyl and polyfluoroalkyl substances. The 13FTE positions shall be placed in the department as follows: 1.0 FTE position to act 14as an executive leadership program coordinator to supervise the Office of Emerging 15Contaminants; 1.0 FTE position to act as a policy initiatives advisor to develop 16recommendations for legislative and administrative action to address contaminants 17of emerging concern; 1.0 FTE position to act as a supply specialist to coordinate and 18complete sampling of public water supplies for emerging contaminants and to 19provide support to private well owners with water quality analysis; 2.0 FTE 20positions to act as water resources management specialists to develop water quality 21standards, assist in effluent monitoring and source reduction, and develop 22guidance for landspreading of contaminated biosolids; 1.0 FTE position to act as an 23air management specialist to develop statewide policies on emerging contaminants;
11.0 FTE position to act as a waste and materials management specialist to develop 2safe disposal and treatment methods for waste; 2.0 FTE positions to act as 3hydrogeologists to coordinate sampling and cleanup activities at cleanup sites and 4evaluate scientific data related to contamination; and 1.0 FTE position to act as a 5water supply specialist to sample for and address the impacts of threats to drinking 6water and provide water quality analysis support to private well owners. AB50-ASA2-AA14,18,117(3) PFAS sampling, testing, and research. In the schedule under s. 20.005 8(3) for the appropriation to the department of natural resources under s. 20.370 (4) 9(mw), the dollar amount for fiscal year 2025-26 is increased by $1,480,000 and the 10dollar amount for fiscal year 2026-27 is increased by $730,000 for statewide PFAS 11sampling and testing activities. AB50-ASA2-AA14,18,1712(4) PFAS substance emergency measures. In the schedule under s. 20.005 13(3) for the appropriation to the department of natural resources under s. 20.370 (4) 14(mw), the dollar amount for fiscal year 2025-26 is increased by $900,000 and the 15dollar amount for fiscal year 2026-27 is increased by $900,000 to support 16emergency measures related to PFAS, such as providing temporary drinking water 17to homes impacted by groundwater contamination. AB50-ASA2-AA14,19,418(5) Emerging contaminants initiative and position authorization. In 19the schedule under s. 20.005 (3) for the appropriation to the department of natural 20resources under s. 20.370 (4) (mq), the dollar amount for fiscal year 2025-26 is 21increased by $200,000 to increase the authorized positions for the department by 222.0 LTE positions to conduct sampling and data analysis of drinking water test for 23emerging contaminants, and for the purpose of wastewater monitoring, surface
1water monitoring, and fish sampling. In the schedule under s. 20.005 (3) for the 2appropriation to the department of natural resources under s. 20.370 (4) (mq), the 3dollar amount for fiscal year 2026-27 is increased by $225,000 for the purpose of 4wastewater monitoring, surface water monitoring, and fish sampling.”.
/2025/related/amendments/ab50/aa14_asa2_ab50
true
amends
/2025/related/amendments/ab50/aa14_asa2_ab50/18/_14
amends/2025/REG/AB50-ASA2-AA14,9,24
amends/2025/REG/AB50-ASA2-AA14,9,24
section
true