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SB774,8,823 (b) Notwithstanding s. 227.24 (1) (a) and (3), the department is not required to
24provide evidence that promulgating a rule under this subsection as an emergency
25rule is necessary for the preservation of the public peace, health, safety, or welfare

1and is not required to provide a finding of emergency for a rule promulgated under
2this subsection. Notwithstanding s. 227.24 (1) (c) and (2), emergency rules
3promulgated under this subsection remain in effect for 3 years after the effective date
4of this paragraph .... [LRB inserts date], or the date on which permanent rules take
5effect, whichever is sooner. Notwithstanding s. 227.24 (1) (e) 1d. and 1g., for
6emergency rules promulgated under this subsection, the department is not required
7to prepare a statement of scope of the rules or to submit the proposed rules in final
8draft form to the governor for approval.
SB774,8,15 9(5) Testing; use of results. The department shall require testing to be
10conducted by an entity under sub. (6) for PFOA, PFOS, PFHxS, PFHpA, PFNA, and
11PFBS in soil and sediment, including lake and river bed sediment; groundwater;
12surface water; drinking water; biosolids; and fish and wildlife tissue, as applicable.
13The department may cause testing to be conducted in other media if the department
14determines that doing so is a priority. Data collected through testing shall be used
15to advise permanent rule making that seeks to regulate PFAS.
SB774,8,21 16(6) Collection and testing; authorized entities. The collection of samples for
17PFAS testing conducted under this section shall follow commonly accepted PFAS
18collection protocols and shall be completed by the department or a 3rd party
19contracted by the department. Any testing conducted under this section shall be
20completed by the state laboratory of hygiene or a laboratory accredited for PFAS
21testing by the department.
SB774,8,24 22(7) Internet site. The department shall establish an Internet site for each
23PFAS management zone. The department shall include the following information
24on each Internet site:
SB774,8,2525 (a) The geographic boundaries of the PFAS management zone.
SB774,9,3
1(b) Information on how the PFAS management zone was established, including
2information on any expansions or reductions of the initial zone and the department's
3rationale for these decisions.
SB774,9,54 (c) Results from PFAS testing in the PFAS management zone conducted under
5sub. (3) or (5).
SB774,9,76 (d) Directions for private well owners who wish to test their own water,
7including protocols and laboratories for this testing.
SB774,9,108 (e) Health risks associated with the overconsumption of PFAS and measures
9the public may take to reduce the health risks of PFAS exposure, as provided by the
10department of health services.
SB774,9,1111 (f) Any other information that the department determines to be relevant.
SB774,9,14 12(8) Notification. The department shall notify any local, county, or tribal
13governments within an initial or established PFAS management zone upon each of
14the following occurrences:
SB774,9,1515 (a) The department finds the first initial positive test under sub. (3) (a).
SB774,9,1616 (b) The department establishes the zone under sub. (3) (i).
SB774,9,1717 (c) The department establishes an Internet site for the zone under sub. (7).
SB774,9,25 18(9) Report. Not later than one year after the effective date of this subsection
19.... [LRB inserts date], and annually for 4 years thereafter, the department shall
20submit a report to the joint committee on rules and regulations and to the chief clerk
21of each house of the legislature for distribution to the appropriate standing
22committees under s. 13.172 (3) having jurisdiction over matters relating to natural
23resources. The report shall include the geographic boundaries of each PFAS
24management zone in effect; information on how the PFAS management zones were
25established, including information on any expansions or reductions of the initial

1zone and the department's rationale for these decisions; a summary of results from
2testing in PFAS management zones; plans for addressing PFAS contamination in
3PFAS management zones; the technical and economic feasibility of compliance with
4PFAS standards; and any other information deemed relevant by the department.
SB774,10,6 5(10) Dissolution. A PFAS management zone established under sub. (3) shall
6dissolve one year after any emergency rules established under sub. (4) expire.
SB774,3 7Section 3. 281.58 (7) (b) 1. of the statutes is renumbered 281.58 (7) (b) 1r.
SB774,4 8Section 4. 281.58 (7) (b) 1g. of the statutes is created to read:
SB774,10,119 281.58 (7) (b) 1g. Projects in or near a PFAS management zone established
10under s. 281.18 (3) that the department determines are necessary to address
11contamination by perfluoroalkyl or polyfluoroalkyl substances.
SB774,5 12Section 5. 281.58 (8e) (a) of the statutes is amended to read:
SB774,10,1413 281.58 (8e) (a) The type of project and the order in which it is listed under sub.
14(7) (b) 1. 1g. to 6., to the extent allowable under federal law.
SB774,6 15Section 6. 281.58 (12) (a) 1. (intro.) of the statutes is amended to read:
SB774,10,1816 281.58 (12) (a) 1. (intro.) Except as modified under par. (f) and except as
17restricted by sub. (8) (b), (c), (f) or (h), the interest rate for projects specified in sub.
18(7) (b) 1. 1g. to 5. is one of the following:
SB774,7 19Section 7. 281.61 (6) of the statutes is amended to read:
SB774,11,820 281.61 (6) Priority list. The department shall establish a priority list that
21ranks each safe drinking water loan program project. The department shall
22promulgate rules for determining project rankings that, to the extent possible, give
23priority to projects that address the most serious risks to human health, that are
24necessary to ensure compliance with the Safe Drinking Water Act, 42 USC 300f to
25300j-26, and that assist applicants that are most in need on a per household basis,

1according to affordability criteria specified in the rules. For the purpose of ranking
2projects under this subsection, the department shall treat a project to upgrade a
3public water system to provide continuous disinfection of the water that it distributes
4as if the public water system were a surface water system that federal law requires
5to provide continuous disinfection. In establishing a priority list under this
6subsection, the department shall, to the extent possible, give priority to projects that
7address contamination by perfluoroalkyl or polyfluoroalkyl substances in PFAS
8management zones established under s. 281.18 (3).
SB774,8 9Section 8. 281.75 (1) (b) 1m. of the statutes is created to read:
SB774,11,1110 281.75 (1) (b) 1m. In a PFAS management zone established under s. 281.18 (3),
11produces water containing a detectable amount of PFOA or PFOS.
SB774,9 12Section 9. 281.75 (5) (f) of the statutes is amended to read:
SB774,11,2213 281.75 (5) (f) The In allocating money for the payment of claims under this
14section, the department shall prioritize completed claims that are based on the type
15of contamination defined under sub. (1) (b) 1m. and, for these claims, shall allocate
16money for the payment of claims according to the level of contamination, with the
17highest levels of contamination receiving payment first. For all other claims, the

18department shall allocate money for the payment of claims according to the order in
19which completed claims are received. The department may conditionally approve a
20completed claim even if the appropriation under s. 20.370 (6) (cr) is insufficient to pay
21the claim. The department shall allocate money for the payment of a claim which
22is conditionally approved as soon as funds become available.
SB774,10 23Section 10. 281.75 (6) (a) of the statutes is amended to read:
SB774,12,224 281.75 (6) (a) Contamination of a private water supply, as defined under sub.
25(1) (b) 1., 1m., or 2., is required to be established by analysis of at least 2 samples of

1water, taken at least 2 weeks apart, in a manner which assures the validity of the
2test results. The samples shall be tested by a laboratory certified under s. 299.11.
SB774,11 3Section 11. 281.75 (11) (b) 2. of the statutes is amended to read:
SB774,12,74 281.75 (11) (b) 2. An award may be issued for water treatment only if the
5contamination cannot be remedied by reconstruction or replacement of the private
6water supply, or connection to another water supply is not feasible. This subdivision
7does not apply to contamination defined under sub. (1) (b) 1m.
SB774,12 8Section 12. Nonstatutory provisions.
SB774,12,199 (1) PFAS advisory committee. The department of natural resources shall
10establish an advisory committee under s. 227.13 to advise the department in the
11promulgation of permanent rules that establish any groundwater, surface water, or
12drinking water standards for PFAS including any rule promulgated pursuant to
13statements of scope approved prior to the effective date of this act. The committee
14shall include members of groups likely to be affected by the promulgation of such
15standards, including local governments or local government associations;
16representatives of municipal water utilities; and representatives of businesses that
17may be affected. The committee shall assist the department in developing
18economically and technically attainable statewide standards for PFAS that protect
19human health.
SB774,13,220 (2) Achievement of standards. The department of natural resources shall
21work with persons and entities likely to be affected by the promulgation of
22permanent rules that establish standards for PFAS to look at the technological and
23economic feasibility of meeting those standards and ways to help municipal utilities

1achieve these standards, including through stepped implementation,
2community-based pilot programs, and financial assistance.
SB774,13,33 (End)
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