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AB419,12,16 10(2) Request for mediator. A municipality that contains private water supplies
11that have been contaminated by perfluoroalkyl or polyfluoroalkyl substances and
12that is entitled to obtain an alternate source of water or to connect to a public water
13supply or another private water supply under s. 281.75 or 281.77 may request that
14the department appoint a mediator to assist in negotiations if the alternate source
15of water is to be provided by or the connection is to be made to a water supply located
16within another municipality.
AB419,13,2 17(3) List of mediators. The department shall maintain a list of competent and
18disinterested mediators qualified to perform the duties under this section. None of
19the mediators may be employees of the department. Upon receiving a request from
20a municipality under sub. (2), the secretary or his or her designee shall select 2 or 3
21mediators from the list and inform the requesting municipality of the persons
22selected. The municipalities and any responsible parties participating in
23negotiation shall choose a mediator and shall notify the department of the person
24selected, upon which the secretary or his or her designee shall appoint the mediator.

1If the parties cannot agree on a mediator, the secretary or his or her designee shall
2appoint a mediator.
AB419,13,12 3(4) Negotiation. The mediator, immediately upon being appointed, shall
4contact the department, the municipalities, and any participating responsible
5parties and shall schedule negotiating sessions. The mediator shall schedule the
6first negotiating session no later than 20 days after being appointed. The mediator
7may meet with all parties to the negotiation, individual parties, or groups of parties.
8The mediator shall facilitate a discussion between the municipalities and any
9participating responsible parties to attempt to reach an agreement on the provision
10of an alternate source of water to the requesting municipality or the connection to
11a public water supply or another private water supply and the contribution of funds
12by the municipalities and any responsible parties.
AB419,13,15 13(5) Addition of parties. The mediator shall permit the addition to the
14negotiation, at any time, of any responsible party or any other person who wishes to
15be a party to the negotiated agreement.
AB419,13,20 16(6) Agreement. The parties to the negotiation may enter into an agreement,
17in accordance with ss. 292.11 and 292.31, regarding the provision of an alternate
18source of water to the requesting municipality or the connection to a public water
19supply or another private water supply and the contribution of funds by the
20municipalities and any responsible parties.
AB419,14,2 21(7) Failure to reach an agreement. If the parties to the negotiation are unable
22to reach an agreement under sub. (6) by the end of the period of negotiation, the
23mediator shall make a recommendation to the department and to the parties to the
24negotiation regarding the provision of an alternate source of water to the requesting
25municipality or the connection to a public water supply or another private water

1supply and the contribution of funds by the municipalities and any responsible
2parties.
AB419,14,7 3(8) Costs. The municipalities and any responsible parties that participate in
4negotiations shall pay for the costs of the mediator, whether or not an agreement
5among the parties is reached under sub. (6) or the parties accept the recommendation
6of the mediator under sub. (7). The mediator shall determine an equitable manner
7of paying for the costs of the mediator, which is binding.
AB419,14,10 8(9) Technical assistance. The department shall provide technical assistance
9to a mediator at the request of the mediator. The department may limit the amount
10of staff time allocated to each negotiation.
AB419,19 11Section 19 . 285.27 (2) (bm) of the statutes is created to read:
AB419,14,1912 285.27 (2) (bm) Standards for PFAS. The department shall promulgate
13emission standards for any perfluoroalkyl or polyfluoroalkyl substance for which the
14department of health services has recommended a groundwater enforcement
15standard to provide adequate protection for public health and welfare, taking into
16account energy, economic, and environmental impacts and other costs related to the
17emission source. The department shall begin promulgating standards under this
18paragraph within 12 months of receiving a recommended groundwater enforcement
19standard from the department of health services.
AB419,20 20Section 20 . 292.31 (1) (d) (intro.) of the statutes is amended to read:
AB419,15,421 292.31 (1) (d) Access to information. (intro.) Upon the request of any officer,
22employee, or authorized representative of the department, any person who
23generated, transported, treated, stored, or disposed of solid or hazardous waste
24which that may have been disposed of at a site or facility under investigation by the
25department and any person who generated solid or hazardous waste at a site or

1facility under investigation by the department that was transported to, treated at,
2stored at, or disposed of at another site, facility, or location
shall provide the officer,
3employee, or authorized representative access to any records or documents in that
4person's custody, possession, or control which relate to:
AB419,21 5Section 21 . 292.31 (1) (d) 1m. of the statutes is created to read:
AB419,15,86 292.31 (1) (d) 1m. The type and quantity of waste generated at the site or
7facility that was transported to, treated at, stored at, or disposed of at another site,
8facility, or location, and the dates and locations of these activities.
AB419,22 9Section 22 . 292.31 (11) of the statutes is created to read:
AB419,15,1510 292.31 (11) Residual contaminant levels for PFAS. The department shall
11require responsible parties to establish residual contaminant levels for the cleanup
12of contaminated soil and sediment, as required under rules promulgated by the
13department, as a result of a discharge of any perfluoroalkyl or polyfluoroalkyl
14substance for which the department receives a recommended groundwater
15enforcement standard from the department of health services.
AB419,23 16Section 23 . 292.66 of the statutes is created to read:
AB419,15,17 17292.66 PFAS municipal grant program. (1) Definitions. In this section:
AB419,15,1818 (a) “Class B fire fighting foam” has the meaning given in s. 299.48 (1) (a).
AB419,15,2019 (b) “Municipality” means a city, village, town, county, utility district, lake
20protection district, sewerage district, or municipal airport.
AB419,15,2121 (c) “PFAS” means a perfluoroalkyl or polyfluoroalkyl substance.
AB419,15,25 22(2) Financial assistance. The department shall administer a program to
23provide grants from the appropriation under s. 20.370 (6) (ed) to municipalities that
24meet the requirements under sub. (3) for the purpose of conducting any of the eligible
25activities under sub. (4).
AB419,16,2
1(3) Eligibility prerequisites. A grant may be awarded under sub. (2) only if
2one of the following has occurred:
AB419,16,63 (a) The municipality tested or trained with a class B fire fighting 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 fire fighting foam that contained
6intentionally added PFAS within the boundaries of the municipality.
AB419,16,87 (b) The municipality applied biosolids to land under a permit issued by the
8department under s. 283.31.
AB419,16,119 (c) One or more PFAS are impacting the municipality's drinking water supply
10or surface water or groundwater within the municipality and the responsible party
11is unknown or is unwilling or unable to take the necessary response actions.
AB419,16,13 12(4) Eligible activities. The department may award a grant under sub. (2) for
13any of the following activities:
AB419,16,1514 (a) Investigating potential PFAS impacts to the air, land, or water at a site or
15facility for the purpose of reducing or eliminating environmental contamination.
AB419,16,1716 (b) Treating or disposing of PFAS-containing fire fighting foam containers from
17a municipal site or facility.
AB419,16,1918 (c) Sampling a private water supply within 3 miles of a site or facility known
19to contain PFAS or to have caused a PFAS discharge.
AB419,16,2120 (d) Providing a temporary emergency water supply, a water treatment system,
21or bulk water to replace water contaminated with PFAS.
AB419,16,2322 (e) Conducting emergency, interim, or remedial actions to mitigate, treat,
23dispose of, or remove PFAS contamination to the air, land, or waters of the state.
AB419,17,324 (f) Removing or treating PFAS in a public water system using the most
25cost-effective method to provide safe drinking water in areas where PFAS levels

1exceed the maximum contaminant level for PFAS under ch. 281 or an enforcement
2standard for PFAS under ch. 160 or where the state has issued a health advisory for
3PFAS.
AB419,17,44 (g) Paying the costs of a municipality for a mediator under s. 281.79.
AB419,17,8 5(5) Application. A municipality shall apply for a grant on a form prescribed
6by the department and shall include any information that the department finds
7necessary to determine the eligibility of the project, identify the funding requested,
8determine the priority of the project, and calculate the amount of a grant.
AB419,17,10 9(6) Evaluation criteria. The department, in awarding grants under this
10section, shall consider all of the following criteria:
AB419,17,1311 (a) The municipality's demonstrated commitment to performing and
12completing eligible activities, including the municipality's financial commitment
13and ability to successfully administer grants.
AB419,17,1514 (b) The degree to which the project will have a positive impact on public health
15and the environment.
AB419,17,1716 (c) Other criteria that the department finds necessary to prioritize the funds
17available for awarding grants.
AB419,17,21 18(7) Matching funds. The department may not distribute a grant under this
19section unless the applicant contributes matching funds equal to at least 20 percent
20of the amount of the grant. Matching funds may be in the form of cash, in-kind
21contributions, or both.
AB419,24 22Section 24 . 292.67 of the statutes is created to read:
AB419,17,24 23292.67 County well testing grant program. (1) Definitions. In this
24section:
AB419,17,2525 (a) “PFAS” means a perfluoroalkyl or polyfluoroalkyl substance.
AB419,18,2
1(b) “Private water supply" means a well that is used as a source of water for
2humans, livestock, as defined in s. 95.80 (1) (b), or poultry.
AB419,18,6 3(2) Financial assistance. The department shall administer a program to
4provide grants from the appropriation under s. 20.370 (6) (ee) to counties for the
5purpose of providing sampling and testing services to owners of private water
6supplies to sample and test for PFAS, nitrates, bacteria, and lead.
AB419,25 7Section 25 . 292.74 of the statutes is created to read:
AB419,18,25 8292.74 Financial responsibility for PFAS. The department may, if it
9determines doing so is necessary to protect human health or the environment,
10require a person who possesses or controls or who causes the discharge of a
11perfluoroalkyl or polyfluoroalkyl substance to provide proof of financial
12responsibility for conducting emergency response actions, remedial actions,
13environmental repair, and long-term care to address contamination by a potential
14discharge of perfluoroalkyl or polyfluoroalkyl substances or environmental pollution
15that may be caused by a discharge of such substances. The department shall
16establish, by rule, the procedure for determining whether requiring a proof of
17financial responsibility is necessary to protect human health or the environment,
18and may establish requirements for types of financial responsibility, methods for
19calculating amounts of financial responsibility, access and default, bankruptcy
20notifications, and any other requirements the department determines is necessary
21under this section. The proof of financial responsibility required under this section
22shall be in addition to any other proof of financial responsibility or financial
23assurance required under this chapter. This section does not apply to a municipality,
24fire department, fire district, water utility, wastewater utility, agricultural producer,
25or the state.
AB419,26
1Section 26. 299.15 (2m) of the statutes is created to read:
AB419,19,62 299.15 (2m) The department shall consider any perfluoroalkyl or
3polyfluoroalkyl substance for which the department of health services has
4recommended a groundwater enforcement standard to be an air contaminant for
5purposes of sub. (2) (a) 2. The reporting level for these substances is any amount
6greater than zero pounds per year.
AB419,27 7Section 27 . 299.48 (1) (am) of the statutes is created to read:
AB419,19,118 299.48 (1) (am) “Foam” includes any material that contains PFAS that is
9generated as a result of foam storage, containment, or treatment, including
10treatment media, equipment used to clean up fire fighting foams, booms, filters,
11infrastructure, or other debris.
AB419,28 12Section 28 . 299.48 (1) (e) of the statutes is created to read:
AB419,19,1613 299.48 (1) (e) “Treatment” means any method, technique, or process, including
14thermal destruction, that changes the physical, chemical, or biological character or
15composition of a contaminant so as to immobilize, remove, or destroy the
16contaminant.
AB419,29 17Section 29 . 299.48 (3d) of the statutes is created to read:
AB419,20,918 299.48 (3d) Treatment and disposal. (a) If the person responsible for
19treatment of foam uses a treatment other than incineration or thermal destruction,
20the person shall monitor and sample any treated wastewater for the foam indicator
21parameters listed in par. (b) or in a modified list of indicator parameters under par.
22(d) to ensure effective treatment of foam, which includes removal of PFAS. The
23treatment indicator parameter action levels included in par. (b) or in any modified
24list under par. (d) are not enforceable effluent limitations, but are values that shall
25be used by the person treating foam to gauge appropriate treatment effectiveness,

1and to trigger actions under par. (c) that are needed to ensure that a treatment
2system continues to optimize PFAS removal. Treated wastewater samples shall be
3collected at least weekly during periods of discharge, although this frequency may
4be reduced after one year of data collection if the department determines that data
5indicate that breakthrough of PFAS occurs less frequently than weekly. All
6analytical sample results for PFAS shall be retained for 3 years and made available
7to the department upon request. In accordance with par. (c), the person responsible
8for the treatment of foam may request a modification to the list of PFAS indicator
9parameters that are required for sampling under par. (b).
AB419,20,1110 (b) The PFAS treatment indicator parameters and action levels for this
11subsection are as follows:
AB419,20,1212 1. For 4:2 Fluorotelomer Sulfonic Acid (4:2 FTS), the action level is 2.1 ng/L.
AB419,20,1313 2. For 6:2 Fluorotelomer Sulfonic Acid (6:2 FTS), the action level is 2.4 ng/L.
AB419,20,1414 3. For 8:2 Fluorotelomer Sulfonic Acid (8:2 FTS), the action level is 2.3 ng/L.
AB419,20,1515 4. For Perfluorobutanoic Acid (PFBA), the action level is 960 ng/L.
AB419,20,1616 5. For Perfluorobutanesulfonic Acid (PFBS), the action level is 1.8 ng/L.
AB419,20,1717 6. For Perfluoropentanoic Acid (PFPeA), the action level is 197 ng/L.
AB419,20,1818 7. For Perfluoropentanesulfonic Acid (PFPeS), the action level is 2.4 ng/L.
AB419,20,1919 8. For Perfluorohexanoic Acid (PFHxA), the action level is 2.4 ng/L.
AB419,20,2020 9. For Perfluorohexanesulfonic Acid (PFHxS), the action level is 1.7 ng/L.
AB419,20,2121 10. For Perfluoroheptanoic Acid (PFHpA), the action level is 3.2 ng/L.
AB419,20,2222 11. For Perfluoroheptanesulfonic Acid (PFHpS), the action level is 2.0 ng/L.
AB419,20,2323 12. For Perfluorooctanoic Acid (PFOA), the action level is 2.1 ng/L.
AB419,20,2424 13. For Perfluorooctanesulfonic Acid (PFOS), the action level is 1.3 ng/L.
AB419,21,2
114. For Perfluorooctanesulfonamide (PFOSA / FOSA), the action level is 4.9
2ng/L.
AB419,21,73 (c) If the concentration of PFAS in a wastewater sample exceeds a treatment
4indicator parameter action level listed in par. (b) or treatment indicator parameter
5action level in a modified list approved under par. (d), the person responsible for the
6treatment of foam shall take one or more of the following actions until the indicator
7parameter action level is achieved again:
AB419,21,98 1. Hold the treated water until further sampling, treatment, or both confirms
9that treatment indicator parameter action levels are attained.
AB419,21,1210 2. Replace the granular activated carbon media within the lead carbon vessel,
11move that vessel to the lag position, and move all other vessels forward one position
12in the series.
AB419,21,1513 3. Modify the design or operation of the treatment system to prevent discharges
14of foam with the goal of compliance with the treatment indicator parameters in par.
15(b) or in a modified list approved under par. (d).
AB419,22,316 (d) The person responsible for treatment of foam may request modification of
17the sampling requirements in pars. (a) and (b) based on the documented nature and
18concentration of foam being tested. The request shall include sampling and analysis
19of the foam that will be discharged and data documenting efficiency of removal by
20the treatment system. Samples shall be representative of daily operations and
21performed when the full range of PFAS are likely to be present in maximum
22concentrations or quantities. The department may approve modified sampling
23requirements if the requester demonstrates that any indicator parameters listed in
24par. (b) that will be excluded will not be present in the effluent, and that the proposed
25alternative or remaining parameters are sufficient to gauge appropriate treatment

1effectiveness and to trigger actions needed to ensure that the treatment system
2continues to optimize PFAS removal. The department shall notify the person
3requesting a modification in writing of its decision.
AB419,30 4Section 30 . 299.48 (3m) (c) of the statutes is created to read:
AB419,22,65 299.48 (3m) (c) Notification under this subsection shall be done according to
6ch. NR 706, Wis. Adm. Code.
AB419,31 7Section 31 . 299.485 of the statutes is created to read:
AB419,22,9 8299.485 Food packaging containing PFAS. (1) Definition. In this section,
9“PFAS” means a perfluoroalkyl and polyfluoroalkyl substance.
AB419,22,12 10(2) Prohibition. Beginning on January 1, 2025, no person may distribute, sell,
11or offer for sale food packaging or products contained in food packaging that contains
12intentionally added PFAS.
AB419,32 13Section 32 . Nonstatutory provisions.
AB419,22,2414 (1) Emergency rules for PFAS municipal grant program. The department of
15natural resources may use the procedure under s. 227.24 to promulgate emergency
16rules relating to the municipal grant program under s. 292.66. Notwithstanding s.
17227.24 (1) (a) and (3), when promulgating emergency rules under this subsection, the
18department is not required to provide evidence that promulgating a rule under this
19subsection as an emergency rule is necessary for the preservation of the public peace,
20health, safety, or welfare and is not required to provide a finding of emergency for a
21rule promulgated under this subsection. Notwithstanding s. 227.24 (1) (e) 1d. and
221g., for emergency rules promulgated under this subsection, the department is not
23required to prepare a statement of scope of the rules or to submit the proposed rules
24in final draft form to the governor for approval.
AB419,23,12
1(2) Emergency rules for fire fighting foam. The department of natural
2resources may use the procedure under s. 227.24 to promulgate emergency rules
3relating to the collection and disposal of fire fighting foams that contain
4perfluoroalkyl and polyfluoroalkyl substances. Notwithstanding s. 227.24 (1) (a) and
5(3), when promulgating emergency rules under this subsection, the department is
6not required to provide evidence that promulgating a rule under this subsection as
7an emergency rule is necessary for the preservation of the public peace, health,
8safety, or welfare and is not required to provide a finding of emergency for a rule
9promulgated under this subsection. Notwithstanding s. 227.24 (1) (e) 1d. and 1g., for
10emergency rules promulgated under this subsection, the department is not required
11to prepare a statement of scope of the rules or to submit the proposed rules in final
12draft form to the governor for approval.
AB419,23,1913 (3) Notification. The department of natural resources shall notify the
14legislative reference bureau when the federal environmental protection agency
15promulgates regulations relating to air stack testing methods for any perfluoroalkyl
16or polyfluoroalkyl substance and the effective date of those regulations. The
17legislative reference bureau shall publish a notice in the Wisconsin Administrative
18Register that specifies the effective date of the treatment of ss. 285.27 (2) (bm) and
19299.15 (2m), as determined under Section 34 (2 ) of this act.
AB419,23,2520 (4) Emission standards for PFAS. Notwithstanding s. 285.27 (2) (bm), if the
21department of health services has recommended a groundwater enforcement
22standard for a perfluoroalkyl or polyfluoroalkyl substance before the effective date
23of this subsection, the department of natural resources is not required to begin
24promulgating an emission standard for that substance until 12 months beginning
25after the effective date of this subsection.
AB419,24,1
1(5) Testing laboratories; emergency rules.
AB419,24,142 (a) The department of natural resources shall use the procedure under s. 227.24
3to promulgate, no later than the first day of the 7th month beginning after the
4effective date of this paragraph, emergency rules establishing criteria for certifying
5laboratories to test for any perfluoroalkyl or polyfluoroalkyl substances, including
6the standards and methods for such testing, and shall certify laboratories that meet
7these criteria. Notwithstanding s. 227.24 (1) (c) and (2), emergency rules
8promulgated under this paragraph remain in effect until 3 years after the effective
9date of this paragraph or the date on which permanent rules take effect, whichever
10is sooner. Notwithstanding s. 227.24 (1) (a) and (3), the department of natural
11resources is not required to provide evidence that promulgating a rule under this
12paragraph as an emergency rule is necessary for the preservation of public peace,
13health, safety, or welfare and is not required to provide a finding of emergency for a
14rule promulgated under this paragraph.
AB419,24,1715 (b) Before emergency rules are promulgated under par. (a), the department of
16natural resources may require testing for a perfluoroalkyl or polyfluoroalkyl
17substance to be done according to any nationally recognized procedures.
AB419,24,2318 (c) Emergency rules promulgated under par. (a) for drinking water shall be
19based on federal environmental protection agency protocols, if any, for testing for
20perfluoroalkyl and polyfluoroalkyl substances. In promulgating emergency rules
21under par. (a) for nondrinking water, the department of natural resources shall take
22into consideration the latest version of the federal department of defense's Quality
23Systems Manual for Environmental Laboratories.
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