SB1104: Bill Text

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.

SB1104,,87 (d) Providing a temporary emergency water supply, a water treatment system, or bulk water to replace water contaminated with PFAS.

SB1104,,88 (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.

SB1104,,89 (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.

SB1104,,90 (g) Paying a municipality’s costs for a mediator under s. 281.79.

SB1104,,91 (h) 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.

SB1104,,92 (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.

SB1104,,93 (6) Evaluation criteria. The department, in awarding grants under this section, shall consider all of the following criteria:

SB1104,,94 (a) The municipality’s demonstrated commitment to performing and completing eligible activities, including the municipality’s financial commitment and ability to successfully administer grants.

SB1104,,95 (b) The degree to which the project will have a positive impact on public health and the environment.

SB1104,,96 (c) Other criteria that the department finds necessary to prioritize the funds available for awarding grants.

SB1104,27 Section 27. 292.67 of the statutes is created to read:

SB1104,,98 292.67 County well testing grant program. (1) Definitions. In this section:

SB1104,,99 (a) “PFAS” means a perfluoroalkyl or polyfluoroalkyl substance.

SB1104,,100 (b) “Private water supply” has the meaning given in s. 281.77 (1) (a).

SB1104,,101 (2) Financial assistance. The department shall administer a program to provide grants from the appropriation under s. 20.370 (6) (et) to counties for the purpose of providing sampling and testing services to owners of private water supplies to sample and test for PFAS, nitrates, bacteria, and lead.

SB1104,28 Section 28. 292.74 of the statutes is created to read:

SB1104,,103 292.74 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 PFAS, as defined under s. 299.485 (c), 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 municipality, fire department, fire district, water utility, wastewater utility, agricultural producer, or the state.

SB1104,29 Section 29. 299.485 of the statutes is created to read:

SB1104,,105 299.485 Products containing PFAS. (1) Definitions. In this section:

SB1104,,106 (a) “Fabric treatment” means a substance applied to fabric to give the fabric one or more characteristics, such as stain or water resistance.

SB1104,,107 (b) “Food packaging” means a container applied to or providing a means to market, protect, handle, deliver, serve, contain, or store a food or beverage. “Food packaging” includes a unit package, an intermediate package, and a shipping container; unsealed receptacles, such as carrying cases, crates, cups, plates, bowls, pails, rigid foil and other trays, wrappers and wrapping films, bags, and tubs; and an individually assembled part of a food package, such as any interior or exterior blocking, bracing, cushioning, weatherproofing, exterior strapping, coating, closure, ink, and label.

SB1104,,108 (c) “Intentionally added PFAS” means PFAS that are deliberately added during the manufacture of a product where the continued presence of PFAS is desired in the final product or one of the product’s components to perform a specific function.

SB1104,,109 (d) “Juvenile product” means a product designed or marketed for use by infants and children under the age of 12, but does not include an electronic product such as a personal computer, audio and video equipment, calculator, wireless phone, game console, or any associated peripheral.

SB1104,,110 (e) “PFAS” means a perfluoroalkyl or polyfluoroalkyl substance.

SB1104,,111 (f) “Textile furnishings” means textile goods of a type customarily used in households and businesses, including draperies, floor coverings, furnishings, bedding, towels, and tablecloths.

SB1104,,112 (g) “Unavoidable use” means a use of PFAS that is protective or beneficial to public health or safety or to the environment and for which there are no feasible alternatives available with a lower risk to public health and the environment.

SB1104,,113 (2) Prohibitions. (a) Beginning on January 1, 2028, no person may distribute, sell, or offer for sale any of the following products if the product contains intentionally added PFAS:

SB1104,,114 1. Food packaging, or food products contained in food packaging.

SB1104,,115 2. Carpets or rugs.

SB1104,,116 3. Cleaning products.

SB1104,,117 4. Cookware.

SB1104,,118 5. Cosmetics.

SB1104,,119 6. Dental floss.

SB1104,,120 7. Fabric treatments.

SB1104,,121 8. Juvenile products.

SB1104,,122 9. Menstruation products.

SB1104,,123 10. Textile furnishings.

SB1104,,124 11. Ski wax.

SB1104,,125 12. Upholstered furniture.

SB1104,,126 13. A product for which the manufacturer has failed to provide the information required under sub. (4).

SB1104,,127 (b) The department may, by rule, identify products, in addition to those under par. (a) 1. to 13., by category or use that may not be distributed, sold, or offered for sale, and designate effective dates for such prohibitions.

SB1104,,128 (c) Beginning on January 1, 2034, no person may distribute, sell, or offer for sale any product that contains intentionally added PFAS, unless the department has determined, by rule, that the use of PFAS in the product is an unavoidable use.

SB1104,,129 (3) Exemptions. This section does not apply to any of the following:

SB1104,,130 (a) A product for which federal law governs the presence of PFAS in the product in a manner that preempts state law.

SB1104,,131 (b) Fire fighting foam regulated under s. 299.48.

SB1104,,132 (c) The sale or resale of a used product.

SB1104,,133 (d) A prosthetic or orthotic device, or any product that is a medical device or drug or that is otherwise used in a medical setting or in medical applications regulated by the U.S. food and drug administration.

SB1104,,134 (e) A product for which the department has determined, by rule, that the use of PFAS in the product is an unavoidable use.

SB1104,,135 (4) Information required. (a) On or before January 1, 2026, a manufacturer of a product distributed, sold, or offered for sale that contains intentionally added PFAS shall submit to the department a brief description of the product; the purpose for which PFAS is used in the product; the amount of each type of PFAS in the product; the name, address, and phone number for the manufacturer; and any additional information requested by the department as needed to implement this section.

SB1104,,136 (b) A manufacturer shall submit the information required under par. (a) whenever a new product that contains intentionally added PFAS is distributed, sold, or offered for sale, and shall revise information provided to the department whenever there is a significant change in the information.

SB1104,,137 (5) Testing; certificate of compliance. If the department has reason to believe that a product contains intentionally added PFAS and the product is being distributed, sold, or offered for sale, the department may direct the manufacturer of the product to, within 30 days, provide the department with testing results that demonstrate the amount of each of the PFAS in the product. If testing shows that the product does not contain intentionally added PFAS, the manufacturer shall provide the department with the testing results and a certificate attesting that the product does not contain intentionally added PFAS. If testing shows that the product contains intentionally added PFAS, the manufacturer shall provide the department with the testing results and the information required under sub. (4).

SB1104,,138 (6) Financial responsibility. The manufacturer of any new product that contains intentionally added PFAS that is distributed, sold, or offered for sale shall provide proof of financial responsibility as required under s. 292.74.

SB1104,,139 (7) Penalty. A person that violates sub. (2) (a) or (c) shall be subject to a forfeiture of $100 for each violating product, for each day that the violation continues.