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SB1104,1 1Section 1 . 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
2the following amounts for the purposes indicated: - See PDF for table PDF
SB1104,2 3Section 2 . 20.370 (4) (ps) of the statutes is amended to read:
SB1104,8,24 20.370 (4) (ps) Fire PFAS-containing fire fighting foam. As a continuing
5appropriation, from the environmental fund, the amounts in the schedule for the
6collection and disposal of PFAS-containing
fire fighting foam collection and for

1providing assistance to local fire departments in replacing fire fighting foam that
2contains PFAS with fire fighting foam that does not contain such substances
.
SB1104,3 3Section 3 . 20.370 (6) (af) of the statutes is created to read:
SB1104,8,54 20.370 (6) (af) Environmental aids - PFAS community grant program. A sum
5sufficient for the PFAS community grant program under s. 292.66.
SB1104,4 6Section 4. 20.370 (6) (cs) of the statutes is created to read:
SB1104,8,97 20.370 (6) (cs) Environmental aids - assistance for private well owners; PFAS
8fund.
As a continuing appropriation, from the PFAS fund, the amounts in the
9schedule for providing financial assistance under s. 281.73.
SB1104,5 10Section 5 . 20.370 (6) (et) of the statutes is created to read:
SB1104,8,1311 20.370 (6) (et) Environmental aids - county well testing grant program. From
12the PFAS fund, as a continuing appropriation, the amounts in the schedule for the
13county well testing grant program under s. 292.67.
SB1104,6 14Section 6. 92.14 (18) of the statutes is created to read:
SB1104,8,1815 92.14 (18) PFAS monitoring. As part of any statewide monitoring program,
16sampling program, or survey conducted by the department, any samples that are
17collected and tested shall also, at the department's discretion and where appropriate,
18be tested for the presence of any perfluoroalkyl or polyfluoroalkyl substance.
SB1104,7 19Section 7. 160.07 (5) of the statutes is renumbered 160.07 (5) (a) and amended
20to read:
SB1104,9,221 160.07 (5) (a) Within Except as provided under par. (b), within 9 months after
22transmitting the name of a substance to the department of health services under sub.
23(2), the department of natural resources shall propose rules establishing the
24recommendation of the department of health services as the enforcement standard

1for that substance and publish the notice required under s. 227.16 (2) (e), 227.17 or
2227.24 (3).
SB1104,8 3Section 8. 160.07 (5) (b) of the statutes is created to read:
SB1104,9,84 160.07 (5) (b) Within 9 months after transmitting the name of a perfluoroalkyl
5or polyfluoroalkyl substance to the department of health services under sub. (2), the
6department of natural resources shall amend its rules to establish the
7recommendation of the department of health services as the enforcement standard
8for that substance.
SB1104,9 9Section 9 . 160.15 (4) of the statutes is created to read:
SB1104,9,1510 160.15 (4) Notwithstanding sub. (1), if an enforcement standard for a
11perfluoroalkyl or polyfluoroalkyl substance is adopted under s. 160.07 (5) (b), the
12department shall apply a preventive action limit for that substance of 20 percent of
13the concentration established as the enforcement standard, or 10 percent of the
14concentration established as the enforcement standard if the substance has
15carcinogenic, mutagenic, or teratogenic properties or interactive effects.
SB1104,10 16Section 10. 227.135 (6) of the statutes is created to read:
SB1104,9,2117 227.135 (6) This section does not apply to a proposed rule of the department
18of natural resources establishing acceptable levels and standards, performance
19standards, monitoring requirements, and required response actions for any
20perfluoroalkyl or polyfluoroalkyl substance or group or class of such substances in
21groundwater, drinking water, surface water, air, soil, or sediment.
SB1104,11 22Section 11. 227.136 (8) of the statutes is created to read:
SB1104,9,2523 227.136 (8) This section does not apply to a proposed rule of the department
24of natural resources establishing acceptable levels and standards, performance
25standards, monitoring requirements, and required response actions for any

1perfluoroalkyl or polyfluoroalkyl substance or group or class of such substances in
2groundwater, drinking water, surface water, air, soil, or sediment.
SB1104,12 3Section 12. 227.137 (5) of the statutes is amended to read:
SB1104,10,94 227.137 (5) This section does not apply to emergency rules promulgated under
5s. 227.24, or to rules proposed by the department of natural resources establishing
6acceptable levels and standards, performance standards, monitoring requirements,
7and required response actions for any perfluoroalkyl or polyfluoroalkyl substance or
8group or class of such substances in groundwater, drinking water, surface water, air,
9soil, or sediment
.
SB1104,13 10Section 13. 227.138 (3) of the statutes is created to read:
SB1104,10,1511 227.138 (3) This section does not apply to a proposed rule of the department
12of natural resources establishing acceptable levels and standards, performance
13standards, monitoring requirements, and required response actions for any
14perfluoroalkyl or polyfluoroalkyl substance or group or class of such substances in
15groundwater, drinking water, surface water, air, soil, or sediment.
SB1104,14 16Section 14 . 227.139 (5) of the statutes is created to read:
SB1104,10,2117 227.139 (5) This section does not apply to a proposed rule of the department
18of natural resources establishing acceptable levels and standards, performance
19standards, monitoring requirements, and required response actions for any
20perfluoroalkyl or polyfluoroalkyl substance or group or class of such substances in
21groundwater, drinking water, surface water, air, soil, or sediment.
SB1104,15 22Section 15. 227.19 (7) of the statutes is amended to read:
SB1104,11,323 227.19 (7) Nonapplication. This section does not apply to rules promulgated
24under s. 227.24, or to rules proposed by the department of natural resources
25establishing acceptable levels and standards, performance standards, monitoring

1requirements, and required response actions for any perfluoroalkyl or
2polyfluoroalkyl substance or group or class of such substances in groundwater,
3drinking water, surface water, air, soil, or sediment
.
SB1104,16 4Section 16. 227.26 (5) of the statutes is created to read:
SB1104,11,95 227.26 (5) This section does not apply to a proposed rule of the department of
6natural resources establishing acceptable levels and standards, performance
7standards, monitoring requirements, and required response actions for any
8perfluoroalkyl or polyfluoroalkyl substance or group or class of such substances in
9groundwater, drinking water, surface water, air, soil, or sediment.
SB1104,17 10Section 17 . 281.17 (8) (c) of the statutes is created to read:
SB1104,11,1411 281.17 (8) (c) 1. The department shall amend its rules to establish the
12department of health services' recommended enforcement standard for any
13perfluoroalkyl or polyfluoroalkyl substance as the maximum contaminant level for
14public water systems and water suppliers.
SB1104,11,1715 2. The department shall require public water systems and water suppliers to
16monitor the substances described under subd. 1. in accordance with the
17requirements established under ss. NR 809.20 to 809.207, Wis. Adm. Code.
SB1104,11,2218 3. Public water systems and water suppliers shall use, as an interim best
19available technology, granular activated carbon, powdered activated carbon, ion
20exchange resins, nanofiltration, or reverse osmosis to treat the substances described
21under subd. 1. and any other perfluoroalkyl or polyfluoroalkyl substance for which
22the department of health services has recommended an enforcement standard.
SB1104,11,2523 4. Public water systems and water suppliers shall use laboratories certified to
24analyze drinking water to conduct testing under this paragraph, and shall use the
25method detection limit for reporting purposes.
SB1104,12,3
15. This paragraph does not apply to any substance for which the department
2has established a maximum contaminant level in an emergency rule or permanent
3rule.
SB1104,18 4Section 18 . 281.61 (6) of the statutes is amended to read:
SB1104,12,205 281.61 (6) Priority list. The department shall establish a priority list that
6ranks each safe drinking water loan program project. The department shall
7promulgate rules for determining project rankings that, to the extent possible, give
8priority to projects that address the most serious risks to human health, that are
9necessary to ensure compliance with the Safe Drinking Water Act, 42 USC 300f to
10300j-26, and that assist applicants that are most in need on a per household basis,
11according to affordability criteria specified in the rules. For the purpose of ranking
12projects under this subsection, the department shall treat a project to upgrade a
13public water system to provide continuous disinfection of the water that it distributes
14as if the public water system were a surface water system that federal law requires
15to provide continuous disinfection. For the purpose of ranking projects under this
16subsection, if the department of health services has recommended an enforcement
17standard for a perfluoroalkyl or polyfluoroalkyl substance, the department of
18natural resources shall treat a project relating to that perfluoroalkyl or
19polyfluoroalkyl substance as if a maximum contaminant level for that substance has
20been attained or exceeded.
SB1104,19 21Section 19. 281.73 of the statutes is created to read:
SB1104,12,25 22281.73 Aid for private wells with PFAS contamination. (1) The
23department shall administer a program to provide financial assistance to
24municipalities located in an area where soil is contaminated with a perfluoroalkyl
25or polyfluoroalkyl substance.
SB1104,13,2
1(2) From the appropriation under s. 20.370 (6) (cs), the department shall issue
2to eligible municipalities awards for eligible costs related to any of the following:
SB1104,13,33 (a) Construction of a municipal water system.
SB1104,13,44 (b) Connecting to an existing municipal water system.
SB1104,13,65 (c) Assisting owners of private wells located in the municipality, if appropriate,
6with the cost of installation of filters, remediation, or well replacement.
SB1104,13,11 7(3) The department shall promulgate rules necessary to administer this
8section, including procedures for submission, review, and determination of
9applications for assistance under this section. The rules promulgated under this
10subsection shall give priority to providing assistance to owners of private wells
11contaminated with a perfluoroalkyl or polyfluoroalkyl substance.
SB1104,20 12Section 20 . 281.79 of the statutes is created to read:
SB1104,13,14 13281.79 Negotiations for alternate source of water due to PFAS
14contamination.
(1) Definitions. In this section:
SB1104,13,1615 (a) “Municipality” means a city, village, town, county, utility district, lake
16protection district, sewerage district, or municipal airport.
SB1104,13,1717 (b) “Private water supply” has the meaning given in s. 281.77 (1) (a).
SB1104,13,24 18(2) Request for mediator. A municipality that contains private water supplies
19that have been contaminated by perfluoroalkyl or polyfluoroalkyl substances and
20that is entitled to obtain an alternate source of water or to connect to a public water
21supply or another private water supply under s. 281.75 or 281.77 may request that
22the department appoint a mediator to assist in negotiations if the alternate source
23of water is to be provided by or the connection is to be made to a water supply located
24within another municipality.
SB1104,14,10
1(3) List of mediators. The department shall maintain a list of competent and
2disinterested mediators qualified to perform the duties under this section. None of
3the mediators may be employees of the department. Upon receiving a request from
4a municipality under sub. (2), the secretary or his or her designee shall select 2 or 3
5mediators from the list and inform the requesting municipality of the persons
6selected. The municipalities and any responsible parties participating in
7negotiation shall choose a mediator and shall notify the department of the person
8selected, upon which the secretary or his or her designee shall appoint the mediator.
9If the parties cannot agree on a mediator, the secretary or his or her designee shall
10appoint a mediator.
SB1104,14,20 11(4) Negotiation. The mediator, immediately upon being appointed, shall
12contact the department, the municipalities, and any participating responsible
13parties and shall schedule negotiating sessions. The mediator shall schedule the
14first negotiating session no later than 20 days after being appointed. The mediator
15may meet with all parties to the negotiation, individual parties, or groups of parties.
16The mediator shall facilitate a discussion between the municipalities and any
17participating responsible parties to attempt to reach an agreement on the provision
18of an alternate source of water to the requesting municipality or the connection to
19a public water supply or another private water supply and the contribution of funds
20by the municipalities and any responsible parties.
SB1104,14,23 21(5) Addition of parties. The mediator shall permit the addition to the
22negotiation, at any time, of any responsible party or any other person who wishes to
23be a party to the negotiated agreement.
SB1104,15,3 24(6) Agreement. The parties to the negotiation may enter into an agreement,
25in accordance with ss. 292.11 and 292.31, regarding the provision of an alternate

1source of water to the requesting municipality or the connection to a public water
2supply or another private water supply and the contribution of funds by the
3municipalities and any responsible parties.
SB1104,15,10 4(7) Failure to reach an agreement. If the parties to the negotiation are unable
5to reach an agreement under sub. (6) by the end of the period of negotiation, the
6mediator shall make a recommendation to the department and to the parties to the
7negotiation regarding the provision of an alternate source of water to the requesting
8municipality or the connection to a public water supply or another private water
9supply and the contribution of funds by the municipalities and any responsible
10parties.
SB1104,15,15 11(8) Costs. The municipalities and any responsible parties that participate in
12negotiations shall pay for the costs of the mediator, whether or not an agreement
13among the parties is reached under sub. (6) or the parties accept the recommendation
14of the mediator under sub. (7). The mediator shall determine an equitable manner
15of paying for the costs of the mediator, which is binding.
SB1104,15,18 16(9) Technical assistance. The department shall provide technical assistance
17to a mediator at the request of the mediator. The department may limit the amount
18of staff time allocated to each negotiation.
SB1104,21 19Section 21. 283.31 (4) (g) of the statutes is created to read:
SB1104,15,2420 283.31 (4) (g) That, if the permit allows for the land application of sludge, the
21permittee will test the sludge for the presence of perfluoroalkyl or polyfluoroalkyl
22substances before land applying the sludge, and will not apply the sludge if levels of
23perfluoroalkyl or polyfluoroalkyl substances exceed levels designated by the
24department in the permit.
SB1104,22 25Section 22. 283.31 (4) (h) of the statutes is created to read:
SB1104,16,3
1283.31 (4) (h) That, if the permittee is a treatment work, the permittee will test
2all sludge for the presence of perfluoroalkyl or polyfluoroalkyl substances and report
3the testing results to the department.
SB1104,23 4Section 23 . 292.31 (1) (d) (intro.) of the statutes is amended to read:
SB1104,16,135 292.31 (1) (d) Access to information. (intro.) Upon the request of any officer,
6employee, or authorized representative of the department, any person who
7generated, transported, treated, stored, or disposed of solid or hazardous waste
8which that may have been disposed of at a site or facility under investigation by the
9department and any person who generated solid or hazardous waste at a site or
10facility under investigation by the department that was transported to, treated at,
11stored at, or disposed of at another site, facility, or location
shall provide the officer,
12employee, or authorized representative access to any records or documents in that
13person's custody, possession, or control which relate to:
SB1104,24 14Section 24 . 292.31 (1) (d) 1m. of the statutes is created to read:
SB1104,16,1715 292.31 (1) (d) 1m. The type and quantity of waste generated at the site or
16facility that was transported to, treated at, stored at, or disposed of at another site,
17facility, or location, and the dates and locations of these activities.
SB1104,25 18Section 25 . 292.31 (11) of the statutes is created to read:
SB1104,16,2219 292.31 (11) Soil cleanup standards for PFAS. The department shall require
20responsible parties to establish residual contaminant levels for the cleanup of
21contaminated soil and sediment, or select a soil performance standard, as a result
22of a discharge of any perfluoroalkyl or polyfluoroalkyl substance.
SB1104,26 23Section 26 . 292.66 of the statutes is created to read:
SB1104,16,24 24292.66 PFAS community grant program. (1) Definitions. In this section:
SB1104,16,2525 (a) “Class B fire fighting foam” has the meaning given in s. 299.48 (1) (a).
SB1104,17,5
1(b) “Municipality” means a city, village, town, county, tribal governing body,
2utility district, lake protection district, sewerage district, or municipal airport or a
3public, private, or tribal elementary or secondary school, a child care center that is
4licensed under s. 48.65, a child care program that is established or contracted for
5under s. 120.13 (14), or a child care provider that is certified under s. 48.651.
SB1104,17,66 (c) “PFAS” means a perfluoroalkyl or polyfluoroalkyl substance.
SB1104,17,10 7(2) Financial assistance. The department shall administer a program to
8provide grants from the appropriation under s. 20.370 (6) (af) to municipalities that
9meet the requirements under sub. (3) for the purpose of conducting any of the eligible
10activities under sub. (4).
SB1104,17,12 11(3) Eligibility prerequisites. A grant may be awarded under sub. (2) only if
12one of the following has occurred:
SB1104,17,1613 (a) The municipality tested or trained with a class B fire fighting foam that
14contained intentionally added PFAS in accordance with applicable state and federal
15law, or a 3rd party tested or trained with a class B fire fighting foam that contained
16intentionally added PFAS within 3 miles of a public or private water supply.
SB1104,17,1817 (b) The municipality applied biosolids to land under a permit issued by the
18department under s. 283.31.
SB1104,17,2119 (c) One or more PFAS are affecting the municipality's drinking water supply
20or surface water or groundwater within the municipality and the responsible party
21is unknown or is unwilling or unable to take the necessary response actions.
SB1104,17,23 22(4) Eligible activities. The department may award a grant under sub. (2) for
23any of the following activities:
SB1104,17,2524 (a) Investigating potential PFAS impacts to the air, land, or water at a site or
25facility for the purpose of reducing or eliminating environmental contamination.
SB1104,18,3
1(b) Treating or disposing of PFAS-containing fire fighting foam or fire fighting
2foam containers from a municipal site or facility or purchasing PFAS-free fire
3fighting foam.
SB1104,18,54 (c) Sampling a private water supply within 3 miles of a site or facility known
5to contain PFAS or to have caused a PFAS discharge.
SB1104,18,76 (d) Providing a temporary emergency water supply, a water treatment system,
7or bulk water to replace water contaminated with PFAS.
SB1104,18,98 (e) Conducting emergency, interim, or remedial actions to mitigate, treat,
9dispose of, or remove PFAS contamination to the air, land, or waters of the state.
SB1104,18,1410 (f) Removing or treating PFAS in a public water system using the most
11cost-effective method to provide safe drinking water in areas where PFAS levels
12exceed the maximum contaminant level for PFAS under ch. 281 or an enforcement
13standard for PFAS under ch. 160 or where the state has issued a health advisory for
14PFAS.
SB1104,18,1515 (g) Paying a municipality's costs for a mediator under s. 281.79.
SB1104,18,1916 (h) Sampling and testing water for PFAS contamination in a public, private,
17or tribal elementary or secondary school, a child care center that is licensed under
18s. 48.65, a child care program that is established or contracted for under s. 120.13
19(14), or a child care provider that is certified under s. 48.651.
SB1104,18,23 20(5) Application. A municipality shall apply for a grant on a form prescribed
21by the department and shall include any information that the department finds
22necessary to determine the eligibility of the project, identify the funding requested,
23determine the priority of the project, and calculate the amount of a grant.
SB1104,18,25 24(6) Evaluation criteria. The department, in awarding grants under this
25section, shall consider all of the following criteria:
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