SB1104: Bill Text

The bill authorizes 12.0 additional GPR positions relating to PFAS in DNR and provides funding for those positions.

DHS PFAS positions

The bill authorizes 4.0 additional GPR positions in DHS for the purpose of recommending groundwater enforcement standards for PFAS and provides funding for those positions.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

SB1104,,4 The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB1104,1 Section 1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated:

SB1104,2 Section 2. 20.370 (4) (ps) of the statutes is amended to read:

SB1104,,7 20.370 (4) (ps) Fire PFAS-containing fire fighting foam. As a continuing appropriation, from the environmental fund, the amounts in the schedule for the collection and disposal of PFAS-containing fire fighting foam collection and for providing assistance to local fire departments in replacing fire fighting foam that contains PFAS with fire fighting foam that does not contain such substances.

SB1104,3 Section 3. 20.370 (6) (af) of the statutes is created to read:

SB1104,,9 20.370 (6) (af) Environmental aids - PFAS community grant program. A sum sufficient for the PFAS community grant program under s. 292.66.

SB1104,4 Section 4. 20.370 (6) (cs) of the statutes is created to read:

SB1104,,11 20.370 (6) (cs) Environmental aids - assistance for private well owners; PFAS fund. As a continuing appropriation, from the PFAS fund, the amounts in the schedule for providing financial assistance under s. 281.73.

SB1104,5 Section 5. 20.370 (6) (et) of the statutes is created to read:

SB1104,,13 20.370 (6) (et) Environmental aids - county well testing grant program. From the PFAS fund, as a continuing appropriation, the amounts in the schedule for the county well testing grant program under s. 292.67.

SB1104,6 Section 6. 92.14 (18) of the statutes is created to read:

SB1104,,15 92.14 (18) PFAS monitoring. As part of any statewide monitoring program, sampling program, or survey conducted by the department, any samples that are collected and tested shall also, at the department’s discretion and where appropriate, be tested for the presence of any perfluoroalkyl or polyfluoroalkyl substance.

SB1104,7 Section 7. 160.07 (5) of the statutes is renumbered 160.07 (5) (a) and amended to read:

SB1104,,17 160.07 (5) (a) Within Except as provided under par. (b), within 9 months after transmitting the name of a substance to the department of health services under sub. (2), the department of natural resources shall propose rules establishing the recommendation of the department of health services as the enforcement standard for that substance and publish the notice required under s. 227.16 (2) (e), 227.17 or 227.24 (3).

SB1104,8 Section 8. 160.07 (5) (b) of the statutes is created to read:

SB1104,,19 160.07 (5) (b) Within 9 months after transmitting the name of a perfluoroalkyl or polyfluoroalkyl substance to the department of health services under sub. (2), the department of natural resources shall amend its rules to establish the recommendation of the department of health services as the enforcement standard for that substance.

SB1104,9 Section 9. 160.15 (4) of the statutes is created to read:

SB1104,,21 160.15 (4) Notwithstanding sub. (1), if an enforcement standard for a perfluoroalkyl or polyfluoroalkyl substance is adopted under s. 160.07 (5) (b), the department shall apply a preventive action limit for that substance of 20 percent of the concentration established as the enforcement standard, or 10 percent of the concentration established as the enforcement standard if the substance has carcinogenic, mutagenic, or teratogenic properties or interactive effects.

SB1104,10 Section 10. 227.135 (6) of the statutes is created to read:

SB1104,,23 227.135 (6) This section does not apply to a proposed rule of the department of natural resources establishing acceptable levels and standards, performance standards, 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.

SB1104,11 Section 11. 227.136 (8) of the statutes is created to read:

SB1104,,25 227.136 (8) This section does not apply to a proposed rule of the department of natural resources establishing acceptable levels and standards, performance standards, 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.

SB1104,12 Section 12. 227.137 (5) of the statutes is amended to read:

SB1104,,27 227.137 (5) This section does not apply to emergency rules promulgated under s. 227.24, or to rules proposed by the department of natural resources establishing acceptable levels and standards, performance standards, 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.

SB1104,13 Section 13. 227.138 (3) of the statutes is created to read:

SB1104,,29 227.138 (3) This section does not apply to a proposed rule of the department of natural resources establishing acceptable levels and standards, performance standards, 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.

SB1104,14 Section 14. 227.139 (5) of the statutes is created to read:

SB1104,,31 227.139 (5) This section does not apply to a proposed rule of the department of natural resources establishing acceptable levels and standards, performance standards, 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.

SB1104,15 Section 15. 227.19 (7) of the statutes is amended to read:

SB1104,,33 227.19 (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, 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.

SB1104,16 Section 16. 227.26 (5) of the statutes is created to read:

SB1104,,35 227.26 (5) This section does not apply to a proposed rule of the department of natural resources establishing acceptable levels and standards, performance standards, 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.

SB1104,17 Section 17. 281.17 (8) (c) of the statutes is created to read:

SB1104,,37 281.17 (8) (c) 1. The department shall amend its rules to establish the department of health services’ recommended enforcement standard for any perfluoroalkyl or polyfluoroalkyl substance as the maximum contaminant level for public water systems and water suppliers.

SB1104,,38 2. The department shall require public water systems and water suppliers to monitor the substances described under subd. 1. in accordance with the requirements established under ss. NR 809.20 to 809.207, Wis. Adm. Code.

SB1104,,39 3. Public water systems and water suppliers shall use, as an interim best available technology, granular activated carbon, powdered activated carbon, ion exchange resins, nanofiltration, or reverse osmosis to treat the substances described under subd. 1. and any other perfluoroalkyl or polyfluoroalkyl substance for which the department of health services has recommended an enforcement standard.

SB1104,,40 4. Public water systems and water suppliers shall use laboratories certified to analyze drinking water to conduct testing under this paragraph, and shall use the method detection limit for reporting purposes.

SB1104,,41 5. This paragraph does not apply to any substance for which the department has established a maximum contaminant level in an emergency rule or permanent rule.

SB1104,18 Section 18. 281.61 (6) of the statutes is amended to read:

SB1104,,43 281.61 (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.

SB1104,19 Section 19. 281.73 of the statutes is created to read:

SB1104,,45 281.73 Aid for private wells with PFAS contamination. (1) The department shall administer a program to provide financial assistance to municipalities located in an area where soil is contaminated with a perfluoroalkyl or polyfluoroalkyl substance.

SB1104,,46 (2) From the appropriation under s. 20.370 (6) (cs), the department shall issue to eligible municipalities awards for eligible costs related to any of the following:

SB1104,,47 (a) Construction of a municipal water system.

SB1104,,48 (b) Connecting to an existing municipal water system.

SB1104,,49 (c) Assisting owners of private wells located in the municipality, if appropriate, with the cost of installation of filters, remediation, or well replacement.

SB1104,,50 (3) 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 a perfluoroalkyl or polyfluoroalkyl substance.

SB1104,20 Section 20. 281.79 of the statutes is created to read:

SB1104,,52 281.79 Negotiations for alternate source of water due to PFAS contamination. (1) Definitions. In this section:

SB1104,,53 (a) “Municipality” means a city, village, town, county, utility district, lake protection district, sewerage district, or municipal airport.

SB1104,,54 (b) “Private water supply” has the meaning given in s. 281.77 (1) (a).

SB1104,,55 (2) Request for mediator. A municipality that contains private water supplies that have been contaminated by perfluoroalkyl or polyfluoroalkyl substances and that is entitled to obtain an alternate source of water or to connect to a public water supply or another private water supply under s. 281.75 or 281.77 may request that the department appoint a mediator to assist in negotiations if the alternate source of water is to be provided by or the connection is to be made to a water supply located within another municipality.

SB1104,,56 (3) List of mediators. The department shall maintain a list of competent and disinterested mediators qualified to perform the duties under this section. None of the mediators may be employees of the department. Upon receiving a request from a municipality under sub. (2), the secretary or his or her designee shall select 2 or 3 mediators from the list and inform the requesting municipality of the persons selected. The municipalities and any responsible parties participating in negotiation shall choose a mediator and shall notify the department of the person selected, upon which the secretary or his or her designee shall appoint the mediator. If the parties cannot agree on a mediator, the secretary or his or her designee shall appoint a mediator.

SB1104,,57 (4) Negotiation. The mediator, immediately upon being appointed, shall contact the department, the municipalities, and any participating responsible parties and shall schedule negotiating sessions. The mediator shall schedule the first negotiating session no later than 20 days after being appointed. The mediator may meet with all parties to the negotiation, individual parties, or groups of parties. The mediator shall facilitate a discussion between the municipalities and any participating responsible parties to attempt to reach an agreement on the provision of an alternate source of water to the requesting municipality or the connection to a public water supply or another private water supply and the contribution of funds by the municipalities and any responsible parties.

SB1104,,58 (5) Addition of parties. The mediator shall permit the addition to the negotiation, at any time, of any responsible party or any other person who wishes to be a party to the negotiated agreement.

SB1104,,59 (6) Agreement. The parties to the negotiation may enter into an agreement, in accordance with ss. 292.11 and 292.31, regarding the provision of an alternate source of water to the requesting municipality or the connection to a public water supply or another private water supply and the contribution of funds by the municipalities and any responsible parties.

SB1104,,60 (7) Failure to reach an agreement. If the parties to the negotiation are unable to reach an agreement under sub. (6) by the end of the period of negotiation, the mediator shall make a recommendation to the department and to the parties to the negotiation regarding the provision of an alternate source of water to the requesting municipality or the connection to a public water supply or another private water supply and the contribution of funds by the municipalities and any responsible parties.

SB1104,,61 (8) Costs. The municipalities and any responsible parties that participate in negotiations shall pay for the costs of the mediator, whether or not an agreement among the parties is reached under sub. (6) or the parties accept the recommendation of the mediator under sub. (7). The mediator shall determine an equitable manner of paying for the costs of the mediator, which is binding.

SB1104,,62 (9) Technical assistance. The department shall provide technical assistance to a mediator at the request of the mediator. The department may limit the amount of staff time allocated to each negotiation.

SB1104,21 Section 21. 283.31 (4) (g) of the statutes is created to read:

SB1104,,64 283.31 (4) (g) That, if the permit allows for the land application of sludge, the permittee will test the sludge for the presence of perfluoroalkyl or polyfluoroalkyl substances before land applying the sludge, and will not apply the sludge if levels of perfluoroalkyl or polyfluoroalkyl substances exceed levels designated by the department in the permit.

SB1104,22 Section 22. 283.31 (4) (h) of the statutes is created to read:

SB1104,,66 283.31 (4) (h) That, if the permittee is a treatment work, the permittee will test all sludge for the presence of perfluoroalkyl or polyfluoroalkyl substances and report the testing results to the department.

SB1104,23 Section 23. 292.31 (1) (d) (intro.) of the statutes is amended to read:

SB1104,,68 292.31 (1) (d) Access to information. (intro.) Upon the request of any officer, employee, or authorized representative of the department, any person who generated, transported, treated, stored, or disposed of solid or hazardous waste which that may have been disposed of at a site or facility under investigation by the department and any person who generated solid or hazardous waste at a site or facility under investigation by the department that was transported to, treated at, stored at, or disposed of at another site, facility, or location shall provide the officer, employee, or authorized representative access to any records or documents in that person’s custody, possession, or control which relate to:

SB1104,24 Section 24. 292.31 (1) (d) 1m. of the statutes is created to read:

SB1104,,70 292.31 (1) (d) 1m. The type and quantity of waste generated at the site or facility that was transported to, treated at, stored at, or disposed of at another site, facility, or location, and the dates and locations of these activities.

SB1104,25 Section 25. 292.31 (11) of the statutes is created to read:

SB1104,,72 292.31 (11) Soil cleanup standards for PFAS. The department shall require responsible parties to establish residual contaminant levels for the cleanup of contaminated soil and sediment, or select a soil performance standard, as a result of a discharge of any perfluoroalkyl or polyfluoroalkyl substance.

SB1104,26 Section 26. 292.66 of the statutes is created to read:

SB1104,,74 292.66 PFAS community grant program. (1) Definitions. In this section:

SB1104,,75 (a) “Class B fire fighting foam” has the meaning given in s. 299.48 (1) (a).

SB1104,,76 (b) “Municipality” means a city, village, town, county, tribal governing body, utility district, lake protection district, sewerage district, or municipal airport or 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.

SB1104,,77 (c) “PFAS” means a perfluoroalkyl or polyfluoroalkyl substance.

SB1104,,78 (2) Financial assistance. The department shall administer a program to provide grants from the appropriation under s. 20.370 (6) (af) to municipalities that meet the requirements under sub. (3) for the purpose of conducting any of the eligible activities under sub. (4).

SB1104,,79 (3) Eligibility prerequisites. A grant may be awarded under sub. (2) only if one of the following has occurred:

SB1104,,80 (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 3 miles of a public or private water supply.

SB1104,,81 (b) The municipality applied biosolids to land under a permit issued by the department under s. 283.31.

SB1104,,82 (c) One or more PFAS are affecting the municipality’s drinking water supply or surface water or groundwater within the municipality and the responsible party is unknown or is unwilling or unable to take the necessary response actions.

SB1104,,83 (4) Eligible activities. The department may award a grant under sub. (2) for any of the following activities:

SB1104,,84 (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.

SB1104,,85 (b) Treating or disposing of PFAS-containing fire fighting foam or fire fighting foam containers from a municipal site or facility or purchasing PFAS-free fire fighting foam.

SB1104,,86 (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.