AB43: Bill Text

AB43,,7301 (d) “Interim action” means a response action that is taken to contain or stabilize a discharge or environmental pollution at a site or facility, in order to minimize any threats to public health, safety, or welfare or to the environment, while other response actions are being taken or planned for the site or facility.

AB43,,7302 (e) “Local governmental unit” has the meaning given under s. 292.11 (9) (e) 1.

AB43,,7303 (f) “Private party” means any of the following:

AB43,,7304 1. A bank, trust company, savings bank, or credit union.

AB43,,7305 2. A developer, as defined in s. 66.0617 (1) (b).

AB43,,7306 3. An organization or enterprise, other than a sole proprietorship, that is operated for profit or that is nonprofit and nongovernmental, including an association, business trust, corporation, joint venture, limited liability company, limited liability partnership, partnership, or syndicate.

AB43,,7307 4. An innocent landowner.

AB43,,7308 (g) “Remedial action” has the meaning given in s. 292.12 (1) (d).

AB43,,7309 (2) Powers and duties of the department. (a) The department shall administer a program to award aids from the appropriation under s. 20.370 (6) (et) to eligible entities under sub. (5).

AB43,,7310 (b) The department may not award aid to an entity under this section if that entity caused the discharge or environmental pollution at the site or facility for which aid is awarded, except to eligible entities for sites or facilities under sub. (4) (a).

AB43,,7311 (c) The department may award aid to eligible entities in the form of grants or direct services or, for sites or facilities under sub. (4) (a), in the form of reimbursements.

AB43,,7312 (d) The department may require a match from an eligible entity for an awarded aid in the form of cash or in-kind services, except from an eligible entity for a site or facility for which funds are designated under sub. (3) (a).

AB43,,7313 (3) Allocation of funds. (a) In any fiscal year, if there remain any sites or facilities under sub. (4) (a) for which a claim for reimbursement was submitted before the effective date of this paragraph .... [LRB inserts date], but for which the claim has not been paid, the department shall designate $1,000,000 of the funds appropriated under s. 20.370 (6) (et), or the total amount of such unpaid claims, whichever is less, to the payment of those claims.

AB43,,7314 (b) In any fiscal year, if there remain any sites or facilities under sub. (4) (a) for which an application for eligibility was submitted before the effective date of this paragraph .... [LRB inserts date], but for which a claim has not been made to the department, the department shall designate $450,000 of the funds appropriated under s. 20.370 (6) (et) to the payment of claims for such sites or facilities, until all such sites or facilities have received a case closure letter under s. 292.12.

AB43,,7315 (c) The department shall designate 15 percent of the funds appropriated under s. 20.370 (6) (et) to provide aid in small or disadvantaged communities.

AB43,,7316 (d) The department may not provide more than one award of aid for a site or facility in a single fiscal year, except for sites or facilities under sub. (4) (a).

AB43,,7317 (4) Eligible sites and facilities. An eligible applicant under sub. (5) may receive aid under this section for any the following sites or facilities:

AB43,,7318 (a) Sites or facilities for which an application for eligibility was submitted under the dry cleaner environmental response program under s. 292.65, 2021 stats., and that were deemed eligible for that program before the effective date of this paragraph .... [LRB inserts date].

AB43,,7319 (b) Brownfields.

AB43,,7320 (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.

AB43,,7321 (d) Sites or facilities regulated under s. 292.11 that are owned by private parties.

AB43,,7322 (5) Eligible entities. The following entities are eligible for an award under this section.

AB43,,7323 (a) Local governmental units that did not cause the discharge or environmental pollution.

AB43,,7324 (b) Owners or operators of dry cleaning facilities that own or operate an eligible site or facility under sub. (4) (a).

AB43,,7325 (c) Private parties, other than a dry cleaning facility under par. (b), that did not cause the discharge or environmental pollution and can demonstrate that the party’s property was fairly acquired through an arm’s-length transaction.

AB43,,7326 (6) Eligible activities; ineligible costs. (a) All activities for which aid is provided 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.

AB43,,7327 (b) The department may award aid under this section to cover the costs of any of the following activities:

AB43,,7328 1. Assessment and investigation of a discharge or environmental pollution.

AB43,,7329 2. Interim and remedial actions to remove hazardous substances from contaminated media.

AB43,,7330 3. Treatment and disposal of contaminated media.

AB43,,7331 4. Vapor intrusion assessment and mitigation.

AB43,,7332 5. Removal of abandoned containers, as defined in s. 292.41 (1).

AB43,,7333 6. Asbestos abatement activities, as defined in s. 254.11 (2), conducted as part of redevelopment activities.

AB43,,7334 7. Environmental monitoring.

AB43,,7335 8. Restoration or replacement of a private potable water supply, if eligible for temporary emergency water supplies under rules promulgated by the department.

AB43,,7336 9. The removal of underground hazardous substance or petroleum product storage tanks.

AB43,,7337 10. Preparation of documentation to apply for case closure under s. 292.11.

AB43,,7338 11. Other costs 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.

AB43,,7339 (c) The department may not award aid under this section to cover any of the following costs:

AB43,,7340 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).

AB43,,7341 2. The cost of activities that the department determines are not integral to the investigation and remediation of a discharge or environmental pollution.

AB43,,7342 3. Legal fees.

AB43,,7343 4. The cost of investigations or remedial action conducted outside this state.

AB43,,7344 5. Costs for financing eligible activities.

AB43,,7345 (7) Application for aid. Eligible applicants 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.

AB43,,7346 (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.

AB43,2671 Section 2671. 292.67 of the statutes is created to read:

AB43,,7348 292.67 PFAS municipal grant program. (1) Definitions. In this section:

AB43,,7349 (a) “Class B fire fighting foam” has the meaning given in s. 299.48 (1) (a).

AB43,,7350 (b) “Municipality” means a city, village, town, county, tribal governing body, utility district, lake protection district, sewerage district, or municipal airport.

AB43,,7351 (c) “PFAS” means a perfluoroalkyl or polyfluoroalkyl substance.

AB43,,7352 (2) Financial assistance. The department shall administer a program to provide grants from the appropriations under s. 20.370 (6) (ed) and (es) to municipalities that meet the requirements under sub. (3) for the purpose of conducting any of the eligible activities under sub. (4).

AB43,,7353 (3) Eligibility prerequisites. A grant may be awarded under sub. (2) only if one of the following has occurred:

AB43,,7354 (a) The municipality tested or trained with a class B fire fighting 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 fire fighting foam that contained intentionally added PFAS within the area controlled by the municipality.

AB43,,7355 (b) The municipality applied biosolids to land under a permit issued by DNR under s. 283.31.

AB43,,7356 (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.

AB43,,7357 (4) Eligible activities. The department may award a grant under sub. (2) for any of the following activities:

AB43,,7358 (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.

AB43,,7359 (b) Treating or disposing of PFAS-containing fire fighting foam containers from a municipal site or facility.

AB43,,7360 (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.

AB43,,7361 (d) Providing a temporary emergency water supply, a water treatment system, or bulk water to replace water contaminated with PFAS.

AB43,,7362 (e) Conducting emergency, interim, or remedial actions to mitigate, treat, dispose of, or remove PFAS contamination to the air, land, or waters of the state.

AB43,,7363 (f) 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.

AB43,,7364 (g) 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.

AB43,,7365 (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.

AB43,,7366 (6) Evaluation criteria. The department, in awarding grants under this section, shall consider all of the following criteria:

AB43,,7367 (a) The municipality’s demonstrated commitment to performing and completing eligible activities, including the municipality’s financial commitment and ability to successfully administer grants.

AB43,,7368 (b) The degree to which the project will have a positive impact on public health and the environment.

AB43,,7369 (c) Other criteria that the department finds necessary to prioritize the funds available for awarding grants.

AB43,,7370 (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.

AB43,2672 Section 2672. 292.74 of the statutes is created to read:

AB43,,7372 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 a perfluoroalkyl or polyfluoroalkyl substance 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 perfluoroalkyl or polyfluoroalkyl substances 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 are 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.

AB43,2673 Section 2673. 299.15 (2m) of the statutes is created to read:

AB43,,7374 299.15 (2m) The department shall consider all known perfluoroalkyl or polyfluoroalkyl substances to be air contaminants for purposes of sub. (2) (a) 2. The reporting level for these substances is zero pounds per year.

AB43,2674 Section 2674. 299.44 of the statutes is created to read:

AB43,,7376 299.44 Sale and use of coal tar sealants. (1) Definitions. In this section:

AB43,,7377 (a) “Coal tar sealant product” means a surface-applied sealing product containing coal tar, coal tar pitch, coal tar pitch volatiles, or any variation assigned the Chemical Abstracts Service (CAS) number 65996-93-2, 65996-89-6, or 8007-45-2.

AB43,,7378 (b) “High PAH sealant product” means a surface-applied sealing product that contains more than 0.1 percent polycyclic aromatic hydrocarbons by weight.

AB43,,7379 (2) Prohibitions. (a) Beginning January 1, 2024, no person may sell or offer for sale a coal tar sealant product or high PAH sealant product, except as provided in sub. (3).

AB43,,7380 (b) Beginning July 1, 2024, no person may apply a coal tar sealant product or high PAH sealant product, except as provided in sub. (3).

AB43,,7381 (3) Exemptions. The department may grant an exemption to the prohibitions under sub. (2) to any of the following upon written request:

AB43,,7382 (a) A person who is researching the effects of a coal tar sealant product or high PAH sealant product on the environment.

AB43,,7383 (b) A person who is developing an alternative technology if the use of a coal tar sealant product or high PAH sealant product is required for research or development.

AB43,2675 Section 2675. 299.65 of the statutes is created to read:

AB43,,7385 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.

AB43,,7386 (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.

AB43,,7387 (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.

AB43,,7388 (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).

AB43,,7389 (3) The department shall credit all fees collected under sub. (1) (a) to the appropriation account under s. 20.370 (4) (aj).