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Use of revenue for PFAS source reduction measures
The bill authorizes a municipal public utility or metropolitan sewerage district to use revenues from its water or sewerage services for up to half of the cost of pretreatment or other PFAS source reduction measures for an interconnected customer or other regular customer if the costs incurred are less than the costs of the upgrades otherwise required at the endpoint treatment facility and if the costs are approved by the governing body of the municipality or the metropolitan sewerage district.
Test wells for community water systems
Under rules promulgated by DNR relating to community water systems (a system for providing piped water for human consumption to the public and that serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents), DNR must preapprove any test wells that will be converted into permanent wells and any test wells that will pump at least 70 gallons per minute for more than 72 hours. DNR rules require test wells to be drilled for permanent wells for community water systems to determine geologic formation information and water quality and quantity data. DNR rules also allow DNR to designate special well casing depth areas within which wells must be drilled to a greater depth and meet other requirements to avoid contamination.
This bill provides that test wells for community water systems must also be approved by DNR if they are located in special well casing depth areas that have been designated based in whole or in part on the presence of PFAS.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
AB131,1
1Section 1. 66.0811 (4) of the statutes is created to read:
AB131,2,9266.0811 (4) Notwithstanding subs. (2) and (3) and s. 66.0901 (11), a municipal
3public utility or a metropolitan sewerage district created under ch. 200 may use
4funds derived from its water or sewerage services for up to one-half the cost of
5pretreatment or other perfluoroalkyl and polyfluoroalkyl substances source
6reduction measures for an interconnected customer or other regular customer if the
7costs incurred are less than the costs of the upgrades otherwise required at the
8endpoint treatment facility and if the costs are approved by the governing body of
9the municipality or the metropolitan sewerage district.
AB131,210Section 2. 196.49 (7) of the statutes is created to read:
AB131,2,1511196.49 (7) With respect to a water public utility or a combined water and
12sewer public utility, the commission may not investigate, impose a penalty against,
13or bring an action to enjoin the public utility for failing to obtain a certificate of
14authority before commencing a project for which one is required under this section
15if all of the following apply:
AB131,2,2016(a) The public utility undertook the project in response to a public health
17concern caused by PFAS, as defined in s. 292.315 (1), the presence of which was
18unknown to the public utility until shortly before it commenced the project, and the
19public utility provides evidence showing that the utility has exceeded or is likely to
20exceed the applicable promulgated state or federal standard for that type of PFAS.
AB131,3,3
1(b) The public utility promptly notifies the commission of the work and,
2within 30 days after commencing the work, submits the appropriate application
3and supporting documentation to the commission.
AB131,3,44(c) The total cost of the project is not greater than $2,000,000.
AB131,35Section 3. 281.58 (8e) of the statutes is renumbered 281.58 (8e) (am).
AB131,46Section 4. 281.58 (8e) (bm) of the statutes is created to read:
AB131,3,157281.58 (8e) (bm) If the department, when ranking projects under this
8subsection or determining an applicants eligibility for assistance under this
9section, considers whether an applicant that intends to extend service outside the
10boundaries of a municipality because of water contamination is small or
11disadvantaged, the department shall, to the extent allowable under federal law,
12determine the applicant to be small or disadvantaged if the area receiving the
13extended service would normally be determined to be small or disadvantaged,
14regardless of whether the existing service area would normally be determined to be
15small or disadvantaged.
AB131,516Section 5. 281.61 (6) of the statutes is amended to read:
AB131,4,1217281.61 (6) Priority list. The department shall establish a priority list that
18ranks each safe drinking water loan program project. The department shall
19promulgate rules for determining project rankings that, to the extent possible, give
20priority to projects that address the most serious risks to human health, that are
21necessary to ensure compliance with the Safe Drinking Water Act, 42 USC 300f to
22300j-26, and that assist applicants that are most in need on a per household basis,
23according to affordability criteria specified in the rules. For the purpose of ranking

1projects under this subsection, the department shall treat a project to upgrade a
2public water system to provide continuous disinfection of the water that it
3distributes as if the public water system were a surface water system that federal
4law requires to provide continuous disinfection. If the department, when ranking
5projects under this subsection or determining an applicants eligibility for
6assistance under this section, considers whether an applicant that intends to
7extend service outside the boundaries of a local governmental unit because of water
8contamination is small or disadvantaged, the department shall, to the extent
9allowable under federal law, determine the applicant to be small or disadvantaged
10if the area receiving the extended service would normally be determined to be small
11or disadvantaged, regardless of whether the existing service area would normally
12be determined to be small or disadvantaged.
AB131,613Section 6. 281.75 (5m) of the statutes is created to read:
AB131,4,2114281.75 (5m) Referral to the innocent landowner grant program. If the
15department determines that a claimant that submits a claim under this section on
16the basis of contamination by perfluoroalkyl or polyfluoroalkyl substances would be
17eligible for a grant under the innocent landowner grant program under s. 292.34,
18and moneys are available under s. 292.34, the department shall refer the claim to
19the program under s. 292.34 instead of reviewing the claim under this section. If
20the claimants claim is denied under s. 292.34, the department shall refer the claim
21back to the program under this section.
AB131,722Section 7. 281.75 (7) (c) 2. a. of the statutes is amended to read:
AB131,5,2
1281.75 (7) (c) 2. a. Equipment used for treating the water, including a
2filtration device and up to 2 replacement filters;
AB131,83Section 8. 292.11 (9) (g) of the statutes is created to read:
AB131,5,54292.11 (9) (g) 1. In this section, PFAS means any perfluoroalkyl or
5polyfluoroalkyl substance.
AB131,5,962. All of the persons eligible for an innocent landowner grant under s. 292.34
7(3) (a) to (e) are exempt from subs. (3), (4), and (7) (b) and (c) with respect to PFAS
8contamination if the person grants permission to the department to remediate the
9land at the departments expense.
AB131,5,16103. A person not otherwise exempt under subd. 2. is exempt from subs. (3), (4),
11and (7) (b) and (c) with respect to PFAS contamination based on the results of PFAS
12testing on samples taken from lands not owned by the state, unless that testing
13demonstrates that PFAS levels violate any applicable state or federal law, including
14any standard promulgated under state or federal law. This subdivision does not
15limit the ability of a landowner or other authorized party to voluntarily take
16remedial action based on PFAS test results collected by the department.
AB131,917Section 9. 292.315 of the statutes is created to read:
AB131,5,1918292.315 Municipal PFAS grant program. (1) Definition. In this section,
19PFAS means any perfluoroalkyl or polyfluoroalkyl substance.
AB131,5,2320(1m) Applicability. This section applies only to PFAS for which there is a
21state or federal standard, a public health recommendation from the department of
22health services under s. 160.07, or a health advisory issued by the federal
23environmental protection agency.
AB131,5,2424(2) Grants. The department shall provide all of the following grants:
AB131,6,12
1(a) Grants to municipalities to test for PFAS levels at municipal water
2systems and municipal wastewater treatment facilities, or to reimburse
3municipalities for PFAS testing performed at properties owned, leased, managed,
4or contracted for by those municipalities after applicable standards for the chemical
5being tested have been promulgated. The department shall base the amount of
6grant awards under this paragraph on the cost of testing and the amount of testing
7needed in each community, while ensuring that funding is available to every
8eligible applicant that submits a claim under this paragraph. The department may
9not require a municipality that submits a claim for a grant under this paragraph to
10provide information other than the basic information necessary to process the claim
11and may not require the recipient of a grant under this paragraph to provide any
12matching funds.
AB131,6,2113(b) Grants, provided in equal shares not to exceed $1,800, to entities that are
14not municipalities and that are regulated as public or community water systems for
15the entity to test its drinking water supply for PFAS if required to do so by the
16department, or for reimbursement to the entity for PFAS testing performed after
17applicable standards for the chemical being tested have been promulgated. An
18entity that is not a municipality may apply to the department one time for a grant
19under this paragraph, by a deadline set by the department. The department may
20not require the recipient of a grant under this paragraph to provide any matching
21funds.
AB131,7,422(c) Grants, provided in equal shares not to exceed $15,000, to the owner or
23manager of, or the holder of a solid waste facility license issued by the department

1for, privately owned solid waste disposal facilities to test for the presence of PFAS in
2leachate. An entity may apply to the department one time for a grant under this
3paragraph, by a deadline set by the department. The department may not require
4the recipient of a grant under this paragraph to provide any matching funds.
AB131,7,215(d) Grants to municipalities to test for PFAS levels at locations that are
6owned, leased, managed, or contracted for by a municipality and where PFAS may
7be present, including airports, water systems, wastewater treatment facilities, or
8contaminated lands, and to test for PFAS levels in leachate at solid waste disposal
9facilities that are owned, leased, managed, or contracted for by a municipality. If
10the property is not owned by the municipality, the department may not issue a
11grant under this paragraph unless the property owner has given the municipality
12written consent for the municipality to enter the property and conduct testing or
13the ability to enter the property and conduct testing is permitted under an existing
14agreement between the property owner and the municipality. The department may
15not provide a grant under this paragraph to test for PFAS in a water system or
16wastewater treatment facility if the applicant has received a grant under par. (a),
17unless the applicant demonstrates that it has used all of the grant funds provided
18to it under par. (a). The department shall accept applications for grants and
19provide grants under this paragraph on a rolling basis. The department may not
20require the recipient of a grant under this paragraph to provide matching funds in
21an amount greater than 20 percent of the amount of the grant.
AB131,8,722(e) Grants to municipalities and the owner or manager of, or the holder of a
23solid waste facility license issued by the department for, privately owned solid waste

1disposal facilities to dispose of PFAS-containing biosolids or leachate at facilities
2that accept such biosolids or leachate or to purchase and install on-site treatment
3systems to address PFAS contained in biosolids or leachate. Grant moneys received
4under this paragraph may not be used for any cost associated with landspreading.
5The department may not require the recipient of a grant under this paragraph to
6provide matching funds in an amount greater than 20 percent of the amount of the
7grant.
AB131,8,208(f) Grants for capital costs or debt service, including for facility upgrades or
9new infrastructure, to municipalities that are small or disadvantaged or in which
10rates for water or wastewater utilities will increase by more than 20 percent as a
11direct result of steps taken to address PFAS contamination. A grant provided
12under this paragraph may not exceed 50 percent of the municipalitys capital or
13debt service costs, and no municipality may receive grants under this paragraph
14that total more than 20 percent of the funding available for grants under this
15paragraph. The department shall give priority under this paragraph to projects
16that are necessary to address an exceedance of an applicable promulgated state or
17federal standard. The department shall accept applications for grants and provide
18grants under this paragraph on a rolling basis. A municipality may submit an
19application for a grant under this program at the same time as submitting an
20application for financial assistance under s. 281.58 or 281.61.
AB131,9,1521(g) Grants to municipalities for capital costs or other costs related to PFAS
22that are not otherwise paid from the environmental improvement fund, including
23costs for addressing solid waste disposal facilities or other contaminated lands

1owned, leased, managed, or contracted for by the municipality and costs incurred by
2fire departments, including to replace PFAS-containing firefighting foam; grants to
3municipalities for the preparation and implementation of pollutant minimization
4plans; and grants to municipalities for costs incurred by municipal public utilities
5or metropolitan sewerage districts created under ch. 200 for pretreatment or other
6PFAS source reduction measures for an interconnected customer or other regular
7customer if the costs incurred are less than the costs of the upgrades otherwise
8required at the endpoint treatment facility and if the costs are approved by the
9governing body of the municipality or the metropolitan sewerage district. No
10municipality may receive grants under this paragraph that total more than 20
11percent of the funding available for grants under this paragraph. The department
12may not require the recipient of a grant under this paragraph to provide matching
13funds in an amount greater than 20 percent of the amount of the grant. The
14department shall accept applications for grants and provide grants under this
15paragraph on a rolling basis.
AB131,9,1916(3) Limitations. (a) The department may not require the recipient of a grant
17under sub. (2) to take action to address PFAS contamination unless testing
18demonstrates that PFAS levels exceed the amount allowed under any applicable
19state or federal law, including any standard promulgated under state or federal law.
AB131,9,2320(b) The department may not publicly disclose the results of any PFAS testing
21conducted under this section unless the department notifies the grant recipient at
22least 72 hours before publicly disclosing any test result. This paragraph does not
23apply to any testing required or conducted under ch. 281 or 283.
AB131,10
1Section 10. 292.32 of the statutes is created to read:
AB131,10,32292.32 Limitations on department actions relating to PFAS. (1)
3Definitions. In this section:
AB131,10,54(a) Construction project means a building project that will affect one or
5more parcels.
AB131,10,66(b) PFAS has the meaning given in s. 292.315 (1).
AB131,10,127(c) Public works means the physical structures and facilities developed or
8acquired by a local unit of government or a federally recognized American Indian
9tribe or band in this state to provide services and functions for the benefit and use
10of the public, including water, sewerage, waste disposal, utilities, and
11transportation, and privately owned solid waste disposal facilities that accept
12residential waste.
AB131,10,1613(2) Construction projects. Notwithstanding any conflicting provisions of
14this chapter, the department may not prevent, delay, or otherwise impede any
15construction project or project of public works on the basis of a presence of PFAS
16contamination unless the department determines any of the following:
AB131,10,1717(a) The project poses a substantial risk to public health or welfare.
AB131,10,1918(b) There is a substantial risk that the project will create worsening
19environmental conditions.
AB131,10,2220(c) The entity proposing to complete the project is responsible for the original
21contamination, as a result of conduct that was reckless or was done with the intent
22to discharge PFAS into the environment.
AB131,11,2
1(d) The department is specifically required under the federal Clean Water Act
2to prevent, delay, or otherwise impede the project.
AB131,11,53(3) PFAS testing on nonstate lands. If department staff or a 3rd-party
4entity contracted by the department seeks to conduct voluntary testing under this
5chapter for PFAS, all of the following shall apply:
AB131,11,126(a) If the department, or an entity contracted by the department, seeks to
7collect voluntary samples from lands not owned by the state based on permission
8from the landowner, such permission shall be in writing, and the department shall
9notify the landowner that such permission includes the authority to collect samples,
10to test those samples, and to publicly disclose the results of that testing. A
11landowner may revoke such permission at any time prior to the collection of
12samples.
AB131,11,1613(b) The department may not publicly disclose the results of any PFAS testing
14conducted on samples taken from lands not owned by the state unless the
15department notifies the landowner of the test results at least 72 hours before
16publicly disclosing the test results.
AB131,11,2317(4) PFAS testing requests. The department shall, in a timely manner,
18respond to requests from any person to conduct PFAS testing on samples taken
19from the persons property if practicable and if funds are available to do so, if there
20is a reasonable belief that PFAS contamination may be present on the property, and
21if existing information such as public water supply testing data is not available.
22The department may contract with a 3rd party to respond to requests for testing
23under this subsection.
AB131,11
1Section 11. 292.34 of the statutes is created to read:
AB131,12,42292.34 Innocent landowner grant program; limitations on
3enforcement action. (1) In this section, PFAS has the meaning given in s.
4292.315 (1).
AB131,12,85(1m) This section applies only to PFAS for which there is a state or federal
6standard, a public health recommendation from the department of health services
7under s. 160.07, or a health advisory issued by the federal environmental protection
8agency.
AB131,12,139(2) The department shall administer a program under which the department
10may provide a grant to an eligible person under sub. (3) or to a person who is
11applying on behalf of multiple eligible persons that are located in the same
12geographic region and that will be conducting similar activities under sub. (4), if the
13applicant will be the entity conducting the activities under sub. (4).
AB131,12,1414(3) All of the following are persons eligible for a grant under this section:
AB131,12,1615(a) A person that spread biosolids or wastewater residuals contaminated by
16PFAS in compliance with any applicable license or permit.
AB131,12,1917(b) A person that owns land upon which biosolids or wastewater residuals
18contaminated by PFAS were spread in compliance with any applicable license or
19permit.
AB131,12,2320(c) A fire department, public-use airport, as defined in s. 114.002 (18m), or
21municipality that responded to an emergency that required the use of PFAS or that
22conducted training for such an emergency in compliance with applicable federal
23regulations.
AB131,12,2424(d) A solid waste disposal facility that accepted PFAS.
AB131,13,3
1(e) A person that owns, leases, manages, or contracts for property on which
2the PFAS contamination did not originate, unless the person also owns, leases,
3manages, or contracts for the property on which the PFAS discharge originated.
AB131,13,94(4) Grants under this section may be used to cover costs associated with
5additional testing; environmental studies; engineering reports; clean drinking
6water supplies, including temporary potable water, filtration, well replacement, or
7interconnection to a municipal water supply; remediation costs; and any other cost
8resulting from landspreading of contaminated biosolids, detection of groundwater
9contamination, or other contamination events affecting the property.
AB131,13,1110(5) The department shall accept applications for grants and award grants
11under this section on a rolling basis.
AB131,13,1512(6) Grants awarded under this section may not exceed $250,000 for each
13eligible person. The department may require the recipient of a grant under this
14section to provide matching funds in an amount not to exceed 5 percent of the
15amount of the grant.
AB131,1216Section 12. NR 811.12 (1) (g) 2. of the administrative code is renumbered NR
17811.12 (1) (g) 2. (intro.) and amended to read:
AB131,13,2118NR 811.12 (1) (g) 2. (intro.) Test wells to be converted to permanent wells or
19test wells to be pumped at a rate of 70 gallons per minute or more for a period of
20more than 72 hours All of the following test wells shall be approved by the
21department prior to their construction.:
AB131,1322Section 13. NR 811.12 (1) (g) 2. a., b. and c. of the administrative code are
23created to read:
AB131,14,1
1NR 811.12 (1) (g) 2. a. Test wells to be converted to permanent wells.
AB131,14,32b. Test wells to be pumped at a rate of 70 gallons per minute or more for a
3period of more than 72 hours.
AB131,14,84c. Test wells located in special well casing depth areas that are designated by
5the department as special well casing depth areas based in whole or in part on the
6presence of perfluoroalkyl or polyfluoroalkyl substances. Approval under this subd.
72. c. shall include review and approval of specifications and plans relating to
8drilling, well casing, and filling and sealing.
AB131,149Section 14. PSC 184.06 of the administrative code is amended to read:
AB131,14,1810PSC 184.06 Emergency work. In case of an emergency resulting from the
11failure of power supply or from fire, storm, or similar events, a utility may begin
12necessary repair work without receiving prior commission authorization. In case of
13an emergency resulting from the contamination of water supply, a utility may begin
14necessary repair, temporary treatment, or other emergency work to address the
15issue without receiving prior commission authorization. The utility shall promptly
16notify the commission of the emergency work and shall, within 30 days after
17commencing the work, furnish the commission with the information required under
18s. PSC 184.04 (3).
AB131,1519Section 15. Nonstatutory provisions.
AB131,15,620(1) Portable treatment system pilot. The department of natural resources
21shall contract with an entity to conduct a pilot project in which surface water is
22partially or fully diverted to a portable treatment system and treated water is
23returned to the surface water. Project activities under this subsection shall be

1conducted at locations with surface water with the highest concentration of
2perfluoroalkyl or polyfluoroalkyl substances and where a responsible party has not
3been identified or the responsible party is unable to pay for remediation. The
4department of natural resources and the entity contracted under this subsection
5shall evaluate the success of the pilot project by conducting tests upstream and
6downstream of the locations where the portable treatment system is used.
AB131,15,177(2) Remedial action at sites contaminated by PFAS. The department of
8natural resources may begin response and remedial actions, including site
9investigations, at any site contaminated by perfluoroalkyl or polyfluoroalkyl
10substances where a responsible party has not been identified or where the
11responsible party qualifies as an innocent landowner under s. 292.34. The
12department of natural resources may contract with a 3rd party to conduct response
13and remedial actions under this subsection. The department of natural resources
14shall prioritize response and remedial actions at sites with the highest levels of
15perfluoroalkyl or polyfluoroalkyl substances and sites with the greatest threats to
16public health or the environment as a result of perfluoroalkyl or polyfluoroalkyl
17substances.
AB131,15,1818(3) PFAS testing laboratories.
AB131,16,519(a) The department of natural resources and the Board of Regents of the
20University of Wisconsin System shall enter into a memorandum of understanding
21to jointly ensure that the state laboratory of hygiene provides guidance and other
22materials, conducts training, and provides assistance to laboratories in this state
23that are certified under s. 299.11 (7) to test for contaminants other than

1perfluoroalkyl or polyfluoroalkyl substances to become certified under s. 299.11 (7)
2to test for perfluoroalkyl or polyfluoroalkyl substances, and to assist laboratories in
3this state that are certified under s. 299.11 (7) to test for perfluoroalkyl or
4polyfluoroalkyl substances in reducing the costs of such testing and shortening the
5timeline for receiving such testing results.
AB131,16,156(b) The Board of Regents of the University of Wisconsin System, in
7coordination with the department of natural resources, may provide grants to
8laboratories in this state that are certified under s. 299.11 (7) to test for
9perfluoroalkyl or polyfluoroalkyl substances, or that are seeking such certification,
10to assist with the cost of purchasing equipment necessary for testing for
11perfluoroalkyl or polyfluoroalkyl substances. A grant under this paragraph may
12not exceed 40 percent of the cost of such equipment. All laboratories in this state
13that are certified under s. 299.11 (7) to test for perfluoroalkyl or polyfluoroalkyl
14substances, or that are seeking such certification, shall be given equal opportunity
15to receive a grant under this paragraph.
AB131,16,1916(c) The state laboratory of hygiene shall prepare a report on its efforts under
17this subsection and shall deliver the report to the joint committee on finance and
18the standing committees with jurisdiction over natural resources and the
19environment no later than August 31, 2025.
AB131,16,2020(4) PFAS studies and reporting.
AB131,16,2121(a) In this subsection, PFAS has the meaning given in s. 292.315 (1).
AB131,17,322(b) The department of natural resources and the Board of Regents of the
23University of Wisconsin System shall enter into a memorandum of understanding

1to jointly do all of the following, with the assistance of University of Wisconsin
2institutions, the department of natural resources and other relevant state agencies,
3county land and water conservation departments, and local 3rd parties, if available:
AB131,17,641. Study and analyze the cost, feasibility, and effectiveness of different
5methods of treating PFAS before they are released into a water system or water
6body.
AB131,17,872. Conduct a cost-benefit analysis of different options for disposing of biosolids
8or sludge that contains or may contain PFAS.
AB131,17,1093. Study and analyze the cost, feasibility, and effectiveness of different
10destruction and disposal methods for PFAS.
AB131,17,15114. For sites contaminated by PFAS, in consultation with persons who are able
12and qualified to conduct environmental remediation in this state, study and
13analyze the cost, feasibility, and effectiveness of different methods for remediating
14PFAS that leave the contaminated medium in place and methods that remove the
15contaminated medium.
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