Amendment SA6-SSA2-SB45

SB45-SSA2-SA6,100 Section 100. 196.491 (2) (title) of the statutes is amended to read:

SB45-SSA2-SA6,32,8 196.491 (2) (title) Strategic energy assessment and integrated resource plans.

SB45-SSA2-SA6,101 Section 101. 196.491 (2) (a) 3s. of the statutes is created to read:

SB45-SSA2-SA6,32,11 196.491 (2) (a) 3s. Review the integrated resource plans submitted by electric utilities under par. (h) to help inform the strategic energy assessment.

SB45-SSA2-SA6,102 Section 102. 196.491 (2) (h) of the statutes is created to read:

SB45-SSA2-SA6,33,5 196.491 (2) (h) 1. Each electric utility shall prepare and file an integrated resource plan with the commission. The commission shall by order establish integrated resource plan content and filing requirements, including filing deadlines. An integrated resource plan shall include a set of resource options that an electric utility could use to meet the service needs of its customers over the next 5-year, 10-year, and 15-year periods, including an explanation of the supply-and- demand circumstances under which, and the extent to which, each resource option would be used to meet those service needs. Resource options that could be used to meet service needs include using, refurbishing, and constructing electric generating plants and equipment; buying electricity generated by other entities; controlling customer loads; and implementing customer energy conservation. The commission shall approve, reject, or modify an electric utility’s integrated resource plan consistent with the public interest. The commission’s acceptance of an integrated resource plan under this paragraph does not constitute issuance of a certificate under s. 196.49 or issuance of a certificate of public convenience and necessity under sub. (3).

SB45-SSA2-SA6,33,7 2. An integrated resource plan under this paragraph shall include all of the following:

SB45-SSA2-SA6,33,9 a. A long-term forecast of the electric utility’s sales and peak demand under various reasonable scenarios.

SB45-SSA2-SA6,33,12 b. Details regarding the amount of peak demand reduction the electric utility expects to achieve and the electric utility’s proposals for achieving the reduction in peak demand, including through load management and demand response.

SB45-SSA2-SA6,33,16 c. If the plan identifies constructing a generation facility as a resource option, the type of generation technology proposed for the generation facility, the proposed capacity of the generation facility, and the projected fuel costs for the proposed generation facility under various reasonable scenarios.

SB45-SSA2-SA6,33,21 d. Projected electricity purchased or produced by the electric utility that is generated from a renewable energy resource. If the electric utility projects the total level of electricity purchased or produced from a renewable energy resource to decrease over the periods described in subd. 1. a., the electric utility shall explain why the decrease is in the best interests of ratepayers.

SB45-SSA2-SA6,34,2 e. Details regarding the impacts of energy efficiency programs on the electric utility’s electricity sales and peak demand under various reasonable scenarios, including the total amount of customer energy savings and the associated costs of the energy efficiency programs.

SB45-SSA2-SA6,34,4 f. Projected energy and capacity purchased or produced by the electric utility from a cogeneration resource.

SB45-SSA2-SA6,34,6 g. An analysis of potential new or upgraded electricity transmission options for the electric utility.

SB45-SSA2-SA6,34,9 h. Data regarding the electric utility’s current generation portfolio, including the age, capacity factor, licensing status, and estimated remaining operating time for each electric generating facility in the portfolio.

SB45-SSA2-SA6,34,13 i. Plans for meeting current and future capacity needs, including cost estimates for any power purchase agreement, any proposed construction or major investment, and any transmission or distribution infrastructure necessary to support proposed construction or major investments.

SB45-SSA2-SA6,34,16 j. An analysis of the cost, capacity factor, and viability of all reasonable options available to meet projected energy and capacity needs, including existing electric generating facilities in this state.

SB45-SSA2-SA6,34,17 k. Projected total costs for each scenario reviewed under this subdivision.

SB45-SSA2-SA6,34,20 L. If applicable, projected long-term natural gas transportation contracts or natural gas storage that the electric utility will hold to provide an adequate supply of natural gas to new electric generating facilities.

SB45-SSA2-SA6,34,21 m. Any other information required by the commission by order.

SB45-SSA2-SA6,34,22 3. This paragraph does not apply to cooperative associations.

SB45-SSA2-SA6,103 Section 103. 227.139 (5) of the statutes is created to read:

SB45-SSA2-SA6,35,6 227.139 (5) This section does not apply to a proposed rule of the department of natural resources establishing acceptable levels and standards, performance standards, enforcement standards and preventative action limits, monitoring requirements, and required response actions for any perfluoroalkyl or polyfluoroalkyl substance or group or class of such substances in groundwater, drinking water, surface water, air, soil, or sediment.

SB45-SSA2-SA6,104 Section 104. 227.19 (7) of the statutes is amended to read:

SB45-SSA2-SA6,35,14 227.19 (7) Nonapplication. This section does not apply to rules promulgated under s. 227.24, or to rules proposed by the department of natural resources establishing acceptable levels and standards, performance standards, enforcement standards and preventative action limits, monitoring requirements, and required response actions for any perfluoroalkyl or polyfluoroalkyl substance or group or class of such substances in groundwater, drinking water, surface water, air, soil, or sediment.

SB45-SSA2-SA6,105 Section 105. 227.26 (5) of the statutes is created to read:

SB45-SSA2-SA6,35,21 227.26 (5) This section does not apply to a proposed rule of the department of natural resources establishing acceptable levels and standards, performance standards, enforcement standards and preventative action limits, monitoring requirements, and required response actions for any perfluoroalkyl or polyfluoroalkyl substance or group or class of such substances in groundwater, drinking water, surface water, air, soil, or sediment.

SB45-SSA2-SA6,106 Section 106. 281.34 (2) of the statutes is amended to read:

SB45-SSA2-SA6,36,5 281.34 (2) Approval required for high capacity wells. Except as provided under sub. (2g), an owner shall apply to the department for approval before construction of a high capacity well begins. Except as provided under sub. (2g), no person may construct or withdraw water from a high capacity well without the approval of the department under this section or under s. 281.17 (1), 2001 stats. An owner applying for approval under this subsection shall pay a fee of $500 $1,000.

SB45-SSA2-SA6,107 Section 107. 281.54 of the statutes is created to read:

SB45-SSA2-SA6,36,8 281.54 County well testing grant program. (1) Definitions. In this section:

SB45-SSA2-SA6,36,9 (a) “PFAS” means a perfluoroalkyl or polyfluoroalkyl substance.

SB45-SSA2-SA6,36,10 (b) “Private water supply” has the meaning given in s. 281.77 (1) (a).

SB45-SSA2-SA6,36,14 (2) Financial assistance. The department shall administer a program to provide grants from the appropriation under s. 20.370 (6) (ew) to counties for the purpose of providing sampling and testing services to owners of private water supplies to sample and test for PFAS, nitrates, bacteria, and lead.

SB45-SSA2-SA6,36,16 (3) Rulemaking. The department shall promulgate rules to administer this section.

SB45-SSA2-SA6,108 Section 108. 281.59 (4) (f) of the statutes is amended to read:

SB45-SSA2-SA6,37,5 281.59 (4) (f) Revenue obligations may be contracted by the building commission when it reasonably appears to the building commission that all obligations incurred under this subsection, and all payments under an agreement or ancillary arrangement entered into under s. 18.55 (6) with respect to revenue obligations issued under this subsection, can be fully paid on a timely basis from moneys received or anticipated to be received. Revenue obligations issued under this subsection for the clean water fund program and safe drinking water loan program shall not exceed $2,526,700,000 $3,329,650,100 in principal amount, excluding obligations issued to refund outstanding revenue obligation notes. The building commission may contract additional revenue obligations in an amount up to $24,700,000. The building commission may contract additional revenue obligations in an amount up to $46,000,000.

SB45-SSA2-SA6,109 Section 109. 281.59 (4) (f) of the statutes is amended to read:

SB45-SSA2-SA6,37,19 281.59 (4) (f) Revenue obligations may be contracted by the building commission when it reasonably appears to the building commission that all obligations incurred under this subsection, and all payments under an agreement or ancillary arrangement entered into under s. 18.55 (6) with respect to revenue obligations issued under this subsection, can be fully paid on a timely basis from moneys received or anticipated to be received. Revenue obligations issued under this subsection for the clean water fund program and safe drinking water loan program shall not exceed $2,526,700,000 in principal amount, excluding obligations issued to refund outstanding revenue obligation notes. The building commission may contract additional revenue obligations in an amount up to $24,700,000. The building commission may contract additional revenue obligations in an amount up to $46,000,000. The building commission may contract additional revenue obligations in an amount up to $726,000,000.

SB45-SSA2-SA6,110 Section 110. 281.61 (6) of the statutes is amended to read:

SB45-SSA2-SA6,38,12 281.61 (6) Priority list. The department shall establish a priority list that ranks each safe drinking water loan program project. The department shall promulgate rules for determining project rankings that, to the extent possible, give priority to projects that address the most serious risks to human health, that are necessary to ensure compliance with the Safe Drinking Water Act, 42 USC 300f to 300j-26, and that assist applicants that are most in need on a per household basis, according to affordability criteria specified in the rules. For the purpose of ranking projects under this subsection, the department shall treat a project to upgrade a public water system to provide continuous disinfection of the water that it distributes as if the public water system were a surface water system that federal law requires to provide continuous disinfection. For the purpose of ranking projects under this subsection, if the department of health services has recommended an enforcement standard for a perfluoroalkyl or polyfluoroalkyl substance, the department of natural resources shall treat a project relating to that perfluoroalkyl or polyfluoroalkyl substance as if a maximum contaminant level for that substance has been attained or exceeded.

SB45-SSA2-SA6,111 Section 111. 281.61 (8) (b) of the statutes is created to read:

SB45-SSA2-SA6,38,16 281.61 (8) (b) The department of administration shall allocate the amount appropriated under s. 20.320 (2) (a) to projects involving forgivable loans to private users of public water systems to replace lead service lines.

SB45-SSA2-SA6,112 Section 112. 281.73 of the statutes is created to read:

SB45-SSA2-SA6,38,20 281.73 Winter road safety improvement grants. (1) The department shall develop and administer a program to provide financial assistance to municipalities for eligible expenditures for equipment critical to winter road safety.

SB45-SSA2-SA6,38,21 (2) An individual grant awarded under this section may not exceed $75,000.

SB45-SSA2-SA6,39,2 (3) The department shall promulgate rules necessary to administer this section, including rules that specify criteria for determining eligible recipients and expenditures, which shall include expenditures for live-edge blades, salt spreader control systems, brine mixers, and structural upgrades to salt storage facilities to prevent ground water contamination.

SB45-SSA2-SA6,39,4 (4) From the appropriation under s. 20.370 (6) (aa), the department may award grants to eligible recipients for eligible expenditures under this section.

SB45-SSA2-SA6,113 Section 113. 281.75 (1) (b) (intro.), 1., 2. and 3. of the statutes are amended to read:

SB45-SSA2-SA6,39,8 281.75 (1) (b) (intro.) “Contaminated well” or “contaminated private water supply” means a well or private water supply which that does any of the following:

SB45-SSA2-SA6,39,11 1. Produces water containing one or more substances of public health concern in excess of a primary maximum contaminant level promulgated in the national drinking water standards in 40 CFR 141 and 143;.

SB45-SSA2-SA6,39,13 2. Produces water containing one or more substances of public health concern in excess of an enforcement standard under ch. 160; or.

SB45-SSA2-SA6,39,17 3. Is subject to a written advisory opinion, issued by the department or the department of health services, containing a specific descriptive reference to the well or private water supply and recommending that the well or private water supply not be used because of potential human health risks.

SB45-SSA2-SA6,114 Section 114. 281.75 (1) (b) 4. of the statutes is created to read:

SB45-SSA2-SA6,39,20 281.75 (1) (b) 4. Produces water containing at least 10 parts per billion of arsenic or at least 10 parts per million of nitrate nitrogen.

SB45-SSA2-SA6,115 Section 115. 281.75 (1) (b) 5. of the statutes is created to read:

SB45-SSA2-SA6,40,3 281.75 (1) (b) 5. Produces water containing levels of a perfluoroalkyl or polyfluoroalkyl substance in excess of the maximum level set out in any applicable federal or state health advisory for that substance, if no primary maximum contaminant level under 40 CFR 141 and 143 or enforcement standard under ch. 160 for that substance has been promulgated.

SB45-SSA2-SA6,116 Section 116. 281.75 (1) (f) of the statutes is amended to read:

SB45-SSA2-SA6,40,6 281.75 (1) (f) “Private water supply” means a residential water supply or, a livestock water supply, or a transient noncommunity water supply.

SB45-SSA2-SA6,117 Section 117. 281.75 (1) (gm) of the statutes is created to read:

SB45-SSA2-SA6,40,13 281.75 (1) (gm) “Transient noncommunity water supply” means a water system that serves at least 25 persons at least 60 days of the year but does not regularly serve at least 25 of the same persons over 6 months per year. “Transient noncommunity water supply” does not include a public water system that serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents.

SB45-SSA2-SA6,118 Section 118. 281.75 (4m) (a) of the statutes is amended to read:

SB45-SSA2-SA6,40,18 281.75 (4m) (a) In order to be eligible for an award under this section, the annual family income of the landowner or lessee of property on which is located a contaminated water supply or a well subject to abandonment may not exceed $65,000 $100,000.

SB45-SSA2-SA6,119 Section 119. 281.75 (5) (f) of the statutes is amended to read:

SB45-SSA2-SA6,41,2 281.75 (5) (f) The Except as provided in par. (g), the department shall allocate money for the payment of claims according to the order in which completed claims are received. The department may conditionally approve a completed claim even if the appropriation under s. 20.370 (6) (cr) is insufficient to pay the claim. The department shall allocate money for the payment of a claim which is conditionally approved as soon as funds become available.

SB45-SSA2-SA6,120 Section 120. 281.75 (5) (g) of the statutes is created to read:

SB45-SSA2-SA6,41,6 281.75 (5) (g) If the appropriations under s. 20.370 (6) (cf) or (cr) are insufficient to pay claims, the department may, for claims based on nitrate levels, allocate money for the payment of those claims in the following order of priority:

SB45-SSA2-SA6,41,8 1. Claims based on water containing more than 40 parts per million of nitrate nitrogen.

SB45-SSA2-SA6,41,10 2. Claims based on water containing more than 30 but not more than 40 parts per million of nitrate nitrogen.

SB45-SSA2-SA6,41,12 3. Claims based on water containing more than 25 but not more than 30 parts per million of nitrate nitrogen.

SB45-SSA2-SA6,41,14 4. Claims based on water containing more than 20 but not more than 25 parts per million of nitrate nitrogen.

SB45-SSA2-SA6,41,16 5. Claims based on water containing more than 10 but not more than 20 parts per million of nitrate nitrogen.

SB45-SSA2-SA6,121 Section 121. 281.75 (6) (a) of the statutes is amended to read:

SB45-SSA2-SA6,41,21 281.75 (6) (a) Contamination of a private water supply, as defined under sub. (1) (b) 1. or, 2., 4., or 5. is required to be established by analysis of at least 2 samples of water, taken at least 2 weeks apart, in a manner which assures the validity of the test results. The samples shall be tested by a laboratory certified under s. 299.11.

SB45-SSA2-SA6,122 Section 122. 281.75 (7) (a) of the statutes is amended to read:

SB45-SSA2-SA6,42,5 281.75 (7) (a) If the department finds that the claimant meets all the requirements of this section and rules promulgated under this section and that the private water supply is contaminated or that the well is a well subject to abandonment, the department shall issue an award. The Except as provided under par. (am), the award may not pay more than 75 percent of the eligible costs. The award may not pay any portion of eligible costs in excess of $16,000.

SB45-SSA2-SA6,123 Section 123. 281.75 (7) (am) of the statutes is created to read:

SB45-SSA2-SA6,42,9 281.75 (7) (am) An award under this subsection may pay up to 100 percent of the eligible costs if the annual family income of the claimant is below the median family income for the state, as determined by U.S. bureau of the census.

SB45-SSA2-SA6,124 Section 124. 281.75 (7) (b) of the statutes is repealed.

SB45-SSA2-SA6,125 Section 125. 281.75 (9) of the statutes is repealed.

SB45-SSA2-SA6,126 Section 126. 281.79 of the statutes is created to read:

SB45-SSA2-SA6,42,14 281.79 Negotiations for alternate source of water due to PFAS contamination. (1) Definitions. In this section:

SB45-SSA2-SA6,42,16 (a) “Municipality” means a city, village, town, county, utility district, lake protection district, sewerage district, or municipal airport.

SB45-SSA2-SA6,42,17 (b) “Private water supply” has the meaning given in s. 281.77 (1) (a).

SB45-SSA2-SA6,43,5 (2) Mediation. A municipality that contains private water supplies that have been contaminated by a perfluoroalkyl or polyfluoroalkyl substance in excess of a state or federal drinking water standard, a state groundwater standard, or a public health recommendation from the department of health services under s. 160.07 may request that the department appoint a mediator to assist in negotiations for the supply of an alternate source of water provided by or connected to a water supply located within another municipality. The department may not appoint a mediator under this section unless the department receives written consent from both municipalities. A person responsible under s. 292.11 (3), if any, may participate in negotiations. The department shall promulgate rules to implement this section, including rules for the allocation of the cost of the mediator.

SB45-SSA2-SA6,127 Section 127. 283.31 (4) (g) of the statutes is created to read:

SB45-SSA2-SA6,43,17 283.31 (4) (g) That, if the permit allows for the land application of sewage sludge, the permittee shall, before first applying sludge and at least once per year thereafter, sample and test the sludge for all perfluoroalkyl or polyfluoroalkyl substances for which there is a state or federal standard, a public health recommendation from the department of health services under s. 160.07, or a health advisory issued by the federal environmental protection agency. The permittee shall, before applying sludge to land in any year, report the sampling and testing results to the department and to the property owner of each tax parcel upon which sludge will be applied. The sampling and testing required under this paragraph shall be in addition to any sampling and testing otherwise required under the permit.

SB45-SSA2-SA6,128 Section 128. 283.31 (4) (h) of the statutes is created to read:

SB45-SSA2-SA6,43,21 283.31 (4) (h) That, if the permittee is a treatment work, the permittee will test all sewage sludge for the presence of perfluoroalkyl or polyfluoroalkyl substances and report the testing results to the department.