Amendment SA6-SSA2-SB45

SB45-SSA2-SA6,51,21 (a) Sites or facilities for which an application for eligibility was submitted under the dry cleaner environmental response program under s. 292.65 and that were deemed eligible for that program before the effective date of this paragraph .... [LRB inserts date].

SB45-SSA2-SA6,51,22 (b) Brownfields.

SB45-SSA2-SA6,52,2 (c) Sites or facilities regulated under s. 292.11 that are owned by entities that are exempt from s. 292.11 (3), (4), and (7) (b) and (c) as provided under s. 292.11 (9) (e), 292.13, or 292.21.

SB45-SSA2-SA6,52,4 (d) Sites or facilities regulated under s. 292.11 that are owned by private parties.

SB45-SSA2-SA6,52,6 (5) Eligible entities. The following entities are eligible for an award under this section.

SB45-SSA2-SA6,52,8 (a) Local governmental units that did not cause the discharge or environmental pollution.

SB45-SSA2-SA6,52,10 (b) Owners or operators of dry cleaning facilities that own or operate an eligible site or facility under sub. (4) (a).

SB45-SSA2-SA6,52,13 (c) A private party, other than a dry cleaning facility under par. (b), that did not cause the discharge or environmental pollution and can demonstrate that the private party’s property was fairly acquired through an arm’s-length transaction.

SB45-SSA2-SA6,52,17 (6) Eligible activities; ineligible costs. (a) An entity that receives aid under this section shall comply with all state and federal laws and rules promulgated by the department, unless otherwise provided under this section or rules promulgated under this section.

SB45-SSA2-SA6,52,19 (b) The department may award aid under this section to cover the costs of any of the following activities:

SB45-SSA2-SA6,52,20 1. Assessment and investigation of a discharge or environmental pollution.

SB45-SSA2-SA6,52,22 2. Interim actions and remedial actions to remove hazardous substances from contaminated media.

SB45-SSA2-SA6,52,23 3. Treatment and disposal of contaminated media.

SB45-SSA2-SA6,53,1 4. Vapor intrusion assessment and mitigation.

SB45-SSA2-SA6,53,2 5. Removal of abandoned containers, as defined in s. 292.41 (1).

SB45-SSA2-SA6,53,4 6. Asbestos abatement activities, as defined in s. 254.11 (2), conducted as part of redevelopment activities.

SB45-SSA2-SA6,53,5 7. Environmental monitoring.

SB45-SSA2-SA6,53,7 8. Restoration or replacement of a private potable water supply, if eligible for temporary emergency water supplies under rules promulgated by the department.

SB45-SSA2-SA6,53,9 9. The removal of underground hazardous substance or petroleum product storage tanks.

SB45-SSA2-SA6,53,10 10. Preparation of documentation to apply for case closure under this chapter.

SB45-SSA2-SA6,53,13 11. Other activities identified by the department as reasonable and necessary for proper investigation, analysis of remedial action options, remedial action planning, and remedial action to meet the requirements of s. 292.11.

SB45-SSA2-SA6,53,15 (c) The department may not award aid under this section to cover any of the following costs:

SB45-SSA2-SA6,53,17 1. The cost of activities conducted prior to the award of aid under this section, except for activities conducted at a site or facility under sub. (4) (a).

SB45-SSA2-SA6,53,19 2. The cost of activities that the department determines are not integral to the investigation and remediation of a discharge or environmental pollution.

SB45-SSA2-SA6,53,20 3. Legal fees.

SB45-SSA2-SA6,53,21 4. The cost of investigations or remedial action conducted outside this state.

SB45-SSA2-SA6,53,22 5. Costs for financing eligible activities under par. (b).

SB45-SSA2-SA6,54,3 (7) Application for aid. An applicant for aid under this section shall submit an application on a form prescribed by the department and shall include any information the department finds necessary to evaluate the eligibility of the project and amount of aid to be awarded.

SB45-SSA2-SA6,54,9 (8) Rules; records. The department shall promulgate rules to administer the program under this section, including rules prescribing the criteria for determining the amount of aid to be awarded, the records that must be maintained by an applicant, and the periods for which those records must be retained. The department may inspect any document in the possession of an applicant or any other person if the document is relevant to an application for aid under this section.

SB45-SSA2-SA6,140 Section 140. 292.67 of the statutes is created to read:

SB45-SSA2-SA6,54,12 292.67 PFAS community grant program. (1) Definitions. In this section:

SB45-SSA2-SA6,54,13 (a) “Class B firefighting foam” has the meaning given in s. 299.48 (1) (a).

SB45-SSA2-SA6,54,15 (b) “Municipality” means a city, village, town, county, tribal governing body, utility district, lake protection district, sewerage district, or municipal airport.

SB45-SSA2-SA6,54,16 (c) “PFAS” means a perfluoroalkyl or polyfluoroalkyl substance.

SB45-SSA2-SA6,54,20 (2) Financial assistance. The department shall administer a program to provide grants from the appropriation under s. 20.370 (4) (mw) to municipalities that meet the requirements under sub. (3) for the purpose of conducting any of the eligible activities under sub. (4).

SB45-SSA2-SA6,54,22 (3) Eligibility prerequisites. A grant may be awarded under sub. (2) only if one of the following has occurred:

SB45-SSA2-SA6,55,3 (a) The municipality tested or trained with a class B firefighting foam that contained intentionally added PFAS in accordance with applicable state and federal law, or a 3rd party tested or trained with a class B firefighting foam that contained intentionally added PFAS within the area controlled by the municipality.

SB45-SSA2-SA6,55,5 (b) The municipality applied biosolids to land under a permit issued by DNR under s. 283.31.

SB45-SSA2-SA6,55,9 (c) PFAS are impacting the municipality’s drinking water supply or surface water or groundwater within the area controlled by the municipality and the responsible party is unknown or is unwilling or unable to take the necessary response actions.

SB45-SSA2-SA6,55,11 (d) PFAS contamination in groundwater is impacting private wells within the area controlled by the municipality.

SB45-SSA2-SA6,55,13 (4) Eligible activities. The department may award a grant under sub. (2) for any of the following activities:

SB45-SSA2-SA6,55,15 (a) Investigating potential PFAS impacts to the air, land, or water at a site or facility for the purpose of reducing or eliminating environmental contamination.

SB45-SSA2-SA6,55,17 (b) Treating or disposing of PFAS-containing firefighting foam containers from a municipal site or facility.

SB45-SSA2-SA6,55,19 (c) Sampling a private water supply within 3 miles of a site or facility known to contain PFAS or to have caused a PFAS discharge.

SB45-SSA2-SA6,55,21 (d) Assisting owners of private wells with the cost of installation of filters, treatment, or well replacement.

SB45-SSA2-SA6,55,23 (e) Providing a temporary emergency water supply, a water treatment system, or bulk water to replace water contaminated with PFAS.

SB45-SSA2-SA6,56,2 (f) Conducting emergency, interim, or remedial actions to mitigate, treat, dispose of, or remove PFAS contamination to the air, land, or waters of the state.

SB45-SSA2-SA6,56,7 (g) Removing or treating PFAS in a public water system using the most cost- effective method to provide safe drinking water in areas where PFAS levels exceed the maximum contaminant level for PFAS under ch. 281 or an enforcement standard for PFAS under ch. 160 or where the state has issued a health advisory for PFAS.

SB45-SSA2-SA6,56,10 (h) Creating a new public water system or connecting private well owners to an existing public water system in an area in which there is widespread PFAS contamination in private water supplies.

SB45-SSA2-SA6,56,14 (i) Sampling and testing water for PFAS contamination in a public, private, or tribal elementary or secondary school, a child care center that is licensed under s. 48.65, a child care program that is established or contracted for under s. 120.13 (14), or a child care provider that is certified under s. 48.651.

SB45-SSA2-SA6,56,18 (5) Application. A municipality shall apply for a grant on a form prescribed by the department and shall include any information that the department finds necessary to determine the eligibility of the project, identify the funding requested, determine the priority of the project, and calculate the amount of a grant.

SB45-SSA2-SA6,56,20 (6) Evaluation criteria. The department, in awarding grants under this section, shall consider all of the following criteria:

SB45-SSA2-SA6,56,23 (a) The municipality’s demonstrated commitment to performing and completing eligible activities, including the municipality’s financial commitment and ability to successfully administer grants.

SB45-SSA2-SA6,57,2 (b) The degree to which the project will have a positive impact on public health and the environment.

SB45-SSA2-SA6,57,4 (c) Other criteria that the department finds necessary to prioritize the funds available for awarding grants.

SB45-SSA2-SA6,57,8 (7) Matching funds. The department may not distribute a grant under this section unless the applicant contributes matching funds equal to at least 20 percent of the amount of the grant. Matching funds may be in the form of cash, in-kind contributions, or both.

SB45-SSA2-SA6,57,13 (8) Rulemaking. The department shall promulgate rules necessary to administer this section, including procedures for submission, review, and determination of applications for assistance under this section. The rules promulgated under this subsection shall give priority to providing assistance to owners of private wells contaminated with PFAS.

SB45-SSA2-SA6,141 Section 141. 292.74 of the statutes is created to read:

SB45-SSA2-SA6,58,9 292.74 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 or who causes the discharge of a perfluoroalkyl or polyfluoroalkyl substance, and any person who manufactures any product that contains intentionally added perfluoroalkyl or polyfluoroalkyl substances, 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 a perfluoroalkyl or polyfluoroalkyl substance 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 is 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. This section does not apply to a person exempt under s. 292.11 (9).

SB45-SSA2-SA6,142 Section 142. 299.487 of the statutes is created to read:

SB45-SSA2-SA6,58,11 299.487 Transportation and disposal of PFAS. (1) In this section:

SB45-SSA2-SA6,58,18 (a) “Environmental justice” means the fair treatment and meaningful involvement of all individuals, regardless of race, color, national origin, educational level, or income, with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies to ensure that no population of color or community of color, indigenous community, or low-income community shall be exposed to a disproportionate burden of the negative human health and environmental impacts of pollution or other environmental hazards.

SB45-SSA2-SA6,58,19 (b) “PFAS” means a perfluoroalkyl or polyfluoroalkyl substance.

SB45-SSA2-SA6,59,3 (2) A person disposing of PFAS, or transporting PFAS for the purpose of disposal, shall attempt to the greatest extent possible to avoid disposing of PFAS in, or transporting PFAS to, any location where such disposal or transportation will contribute to environmental justice concerns and shall consider all reasonable alternatives for transport and disposal of PFAS. The department shall assist any person, upon request, in evaluating the environmental justice impacts of the person’s disposal or transportation of PFAS.

SB45-SSA2-SA6,143 Section 143. 299.65 of the statutes is created to read:

SB45-SSA2-SA6,59,10 299.65 Commercial vessels subject to federal Vessel Incidental Discharge Act. (1) (a) Subject to pars. (b) and (c), the owner or operator of any commercial vessel subject to the requirements of the federal Vessel Incidental Discharge Act under 33 USC 1322 (p) that has operated outside this state shall pay to the department, no later than 5 days prior to arriving in a port of this state, $650 per arrival to a port of this state.

SB45-SSA2-SA6,59,13 (b) The owner or operator of a commercial vessel engaged in coastwise trade that is subject to the requirements of 46 USC 55101 to 55103 may not be required to pay more than $3,250 in fees per calendar year under this subsection.

SB45-SSA2-SA6,59,17 (c) The owner or operator of a commercial vessel that is subject to the requirements of the federal Vessel Incidental Discharge Act under 33 USC 1322 (p) may not be required to pay more than $3,250 in fees per calendar year under this subsection.

SB45-SSA2-SA6,59,22 (2) The department may adjust the amount of the fee under sub. (1) (a) once every 5 years to account for any changes in the U.S. consumer price index for all urban consumers, U.S. city average, as determined by the U.S. department of labor for the month of October immediately preceding the date of adjustment, as provided under 33 USC 1322 (p) (9) (A) (iv) (III) (aa).

SB45-SSA2-SA6,60,2 (3) The department shall credit all fees collected under sub. (1) (a) to the appropriation account under s. 20.370 (4) (aj).

SB45-SSA2-SA6,144 Section 144. 299.66 of the statutes is renumbered 299.66 (1).

SB45-SSA2-SA6,145 Section 145. 299.66 (2) of the statutes is created to read:

SB45-SSA2-SA6,60,8 299.66 (2) (a) The department may enter into a memorandum of agreement with the U.S. Coast Guard concerning implementation and enforcement of the provisions of 33 USC 1322 and any regulations promulgated by the secretary of the U.S. department of homeland security under 33 USC 1322 (p) (5).

SB45-SSA2-SA6,60,13 (b) If the department enters into a memorandum of agreement with the U.S. Coast Guard under par. (a), an employee or agent of the department may board and inspect any vessel that is subject to s. 299.65 to determine the state of compliance with the federal Vessel Incidental Discharge Act under 33 USC 1322 (p) and any regulations promulgated thereunder.

SB45-SSA2-SA6,9132 Section 9132. Nonstatutory provisions; Natural Resources.

SB45-SSA2-SA6,60,20 (1) Nonprofit conservation organization grants. In the 2025-26 fiscal year, from the appropriation under s. 20.370 (5) (aa), the department of natural resources shall provide grants to Gathering Waters, as authorized under s. 23.0955; to the Natural Resources Foundation of Wisconsin, as authorized under s. 23.0956; to River Alliance of Wisconsin, as authorized under s. 281.72; and to Wisconsin Lakes, as authorized under s. 281.69 (1r).

SB45-SSA2-SA6,61,7 (2) Emergency rules for PFAS community grant program. The department of natural resources may use the procedure under s. 227.24 to promulgate emergency rules relating to the community grant program under s. 292.67. Notwithstanding s. 227.24 (1) (a) and (3), the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection. Notwithstanding s. 227.24 (1) (e) 1d. and 1g., for emergency rules promulgated under this subsection, the department is not required to prepare a statement of scope of the rules or to submit the proposed rules in final draft form to the governor for approval.

SB45-SSA2-SA6,61,14 (3) Statewide biomonitoring studies. The department of health services shall conduct biomonitoring studies across the state to assess perfluoroalkyl and polyfluoroalkyl substance exposure levels and better understand the factors that affect perfluoroalkyl and polyfluoroalkyl substance exposure levels in different communities. The department may, as part of these studies, survey volunteer participants, test blood samples for the presence and levels of perfluoroalkyl and polyfluoroalkyl substances, and analyze the results.

SB45-SSA2-SA6,61,19 (4) Forestry-industry-wide strategic plan. From the appropriation under s. 20.370 (2) (jq), the department of natural resources shall develop a forestry- industry-wide strategic plan and road map. The department shall submit the final report on this plan and road map to the council on forestry no later than September 16, 2026.

SB45-SSA2-SA6,62,9 (5) Emergency rule-making authority; Great Lakes erosion control revolving loan program. The department of natural resources may use the procedure under s. 227.24 to promulgate emergency rules under s. 23.1991 for the period before the date on which permanent rules under s. 23.1991 take effect. Notwithstanding s. 227.24 (1) (c) and (2), emergency rules promulgated under this subsection remain in effect until the first day of the 25th month beginning after the effective date of the emergency rules, the date on which the permanent rules take effect, or the effective date of the repeal of the emergency rules, whichever is earliest. 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 emergency rules 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.

SB45-SSA2-SA6,62,22 (6) Emergency rule-making authority; Mississippi River erosion control revolving loan program. The department of natural resources may use the procedure under s. 227.24 to promulgate emergency rules under s. 23.1993 for the period before the date on which permanent rules under s. 23.1993 take effect. Notwithstanding s. 227.24 (1) (c) and (2), emergency rules promulgated under this subsection remain in effect until the first day of the 25th month beginning after the effective date of the emergency rules, the date on which the permanent rules take effect, or the effective date of the repeal of the emergency rules, whichever is earliest. 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 emergency rules 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.

SB45-SSA2-SA6,63,5 (7) Notification of U.S. Coast Guard rules for vessel discharge. When the department of natural resources determines that the secretary of the U.S. department of homeland security has promulgated final, effective, and enforceable rules under 33 USC 1322 (p) (5), the department shall notify the legislative reference bureau. The legislative reference bureau shall publish a notice in the Wisconsin Administrative Register that specifies that date.

SB45-SSA2-SA6,63,8 (8) Well compensation earmark for the town of Bloom. Notwithstanding s. 281.75 (4) (b) 4., the town of Bloom in Richland County is eligible for a claim under s. 281.75, not to exceed $16,000.

SB45-SSA2-SA6,9232 Section 9232. Fiscal changes; Natural Resources.

SB45-SSA2-SA6,63,13 (1) Transfer from capital improvement fund to the conservation fund. In fiscal year 2026-27, there is transferred from the capital improvement fund to the forestry account of the conservation fund an amount equal to the difference between the following:

SB45-SSA2-SA6,63,16 (a) The total amount transferred to the capital improvement fund under s. 20.370 (5) (hq) and (hr), 2023 stats., in fiscal years 2022-23, 2023-24, 2024-25, and 2025-26.

SB45-SSA2-SA6,63,18 (b) The total amount obligated under s. 23.0917 (3) (bt) 3. and (bw) 2. in fiscal years 2022-23, 2023-24, 2024-25, and 2025-26 minus $4,000,000.

SB45-SSA2-SA6,63,22 (2) Water resources account lapses. Notwithstanding s. 20.001 (3) (c), in fiscal year 2025-26, there is lapsed to the conservation fund $386,500 from the account under s. 20.370 (7) (fr); $436,600 from the account under s. 20.370 (7) (ft); and $176,900 from the account under s. 20.370 (7) (fw).

SB45-SSA2-SA6,64,2 (3) 5r processors cleanup funding lapse. Notwithstanding s. 20.001 (3) (c), the unencumbered balance of s. 20.370 (4) (hs) on the effective date of this subsection is lapsed to the environmental fund.