AB68-ASA2-AA5,47,21 20(3) Eligibility prerequisites. A grant may be awarded under sub. (2) only if
21one of the following has occurred:
AB68-ASA2-AA5,48,222 (a) The municipality tested or trained with a class B fire fighting foam that
23contained intentionally added PFAS in accordance with applicable state and federal

1law, or a 3rd party tested or trained with a class B fire fighting foam that contained
2intentionally added PFAS within the boundaries of the municipality.
AB68-ASA2-AA5,48,43 (b) The municipality applied biosolids to land under a permit issued by DNR
4under s. 283.31.
AB68-ASA2-AA5,48,75 (c) PFAS are impacting the municipality's drinking water supply or surface
6water or groundwater within the municipality and the responsible party is unknown
7or is unwilling or unable to take the necessary response actions.
AB68-ASA2-AA5,48,9 8(4) Eligible activities. The department may award a grant under sub. (2) for
9any of the following activities:
AB68-ASA2-AA5,48,1110 (a) Investigating potential PFAS impacts to the air, land, or water at a site or
11facility for the purpose of reducing or eliminating environmental contamination.
AB68-ASA2-AA5,48,1312 (b) Treating or disposing of PFAS-containing fire fighting foam containers from
13a municipal site or facility.
AB68-ASA2-AA5,48,1514 (c) Sampling a private water supply within 3 miles of a site or facility known
15to contain PFAS or to have caused a PFAS discharge.
AB68-ASA2-AA5,48,1716 (d) Providing a temporary emergency water supply, a water treatment system,
17or bulk water to replace water contaminated with PFAS.
AB68-ASA2-AA5,48,1918 (e) Conducting emergency, interim, or remedial actions to mitigate, treat,
19dispose of, or remove PFAS contamination to the air, land, or waters of the state.
AB68-ASA2-AA5,48,2420 (f) Removing or treating PFAS in a public water system using the most
21cost-effective method to provide safe drinking water in areas where PFAS levels
22exceed the maximum contaminant level for PFAS under ch. 281 or an enforcement
23standard for PFAS under ch. 160 or where the state has issued a health advisory for
24PFAS.
AB68-ASA2-AA5,49,4
1(5) Application. A municipality shall apply for a grant on a form prescribed
2by the department and shall include any information that the department finds
3necessary to determine the eligibility of the project, identify the funding requested,
4determine the priority of the project, and calculate the amount of a grant.
AB68-ASA2-AA5,49,6 5(6) Evaluation criteria. The department, in awarding grants under this
6section, shall consider all of the following criteria:
AB68-ASA2-AA5,49,97 (a) The municipality's demonstrated commitment to performing and
8completing eligible activities, including the municipality's financial commitment
9and ability to successfully administer grants.
AB68-ASA2-AA5,49,1110 (b) The degree to which the project will have a positive impact on public health
11and the environment.
AB68-ASA2-AA5,49,1312 (c) Other criteria that the department finds necessary to prioritize the funds
13available for awarding grants.
AB68-ASA2-AA5,49,17 14(7) Matching funds. The department may not distribute a grant under this
15section unless the applicant contributes matching funds equal to at least 20 percent
16of the amount of the grant. Matching funds may be in the form of cash, in-kind
17contributions, or both.”.
AB68-ASA2-AA5,49,18 18144. Page 357, line 12: after that line insert:
AB68-ASA2-AA5,49,22 19(6u) Office of environmental justice positions. The authorized FTE
20positions for the department of administration are increased by 4.0 PR positions to
21be funded from the appropriation under s. 20.505 (1) (kt) for the purpose of
22administering the technical assistance grant program under s. 16.035 (3).”.
AB68-ASA2-AA5,49,23 23145. Page 358, line 14: after that line insert:
AB68-ASA2-AA5,50,11
1“(2h) Emergency rules for conservation grant program. The department of
2agriculture, trade and consumer protection may use the procedure under s. 227.24
3to promulgate emergency rules relating to the conservation grant program under s.
493.76. Notwithstanding s. 227.24 (1) (a) and (3), when promulgating emergency
5rules under this subsection, the department is not required to provide evidence that
6promulgating a rule under this subsection as an emergency rule is necessary for the
7preservation of the public peace, health, safety, or welfare and is not required to
8provide a finding of emergency for a rule promulgated under this subsection.
9Notwithstanding s. 227.24 (1) (e) 1d. and 1g., for emergency rules promulgated under
10this subsection, the department is not required to prepare a statement of scope of the
11rules or to submit the proposed rules in final draft form to the governor for approval.”.
AB68-ASA2-AA5,50,12 12146. Page 358, line 14: after that line insert:
AB68-ASA2-AA5,50,24 13“(3u) Emergency rules for regenerative agriculture practices grant
14program.
The department of agriculture, trade and consumer protection may use the
15procedure under s. 227.24 to promulgate emergency rules relating to the
16regenerative agriculture practices grant program under s. 93.75. Notwithstanding
17s. 227.24 (1) (a) and (3), when promulgating emergency rules under this subsection,
18the department is not required to provide evidence that promulgating a rule under
19this subsection as an emergency rule is necessary for the preservation of the public
20peace, health, safety, or welfare and is not required to provide a finding of emergency
21for a rule promulgated under this subsection. Notwithstanding s. 227.24 (1) (e) 1d.
22and 1g., for emergency rules promulgated under this subsection, the department is
23not required to prepare a statement of scope of the rules or to submit the proposed
24rules in final draft form to the governor for approval.”.
AB68-ASA2-AA5,51,1
1147. Page 358, line 14: after that line insert:
AB68-ASA2-AA5,51,16 2“(3q) Emergency rules for food security and Wisconsin products grant
3program.
The department of agriculture, trade and consumer protection may use the
4procedure under s. 227.24 to promulgate emergency rules relating to the food
5security and Wisconsin products grant program under s. 93.60 for the period before
6the effective date of any permanent rules promulgated under s. 93.60 but not to
7exceed the period authorized under s. 227.24 (1) (c), subject to extension under s.
8227.24 (2). Notwithstanding s. 227.24 (1) (a), (2) (b), and (3), when promulgating
9emergency rules under this subsection, the department is not required to provide
10evidence that promulgating a rule under this subsection as an emergency rule is
11necessary for the preservation of the public peace, health, safety, or welfare and is
12not required to provide a finding of emergency for a rule promulgated under this
13subsection. Notwithstanding s. 227.24 (1) (e) 1d. and 1g., for emergency rules
14promulgated under this subsection, the department is not required to prepare a
15statement of scope of the rules or to submit the proposed rules in final draft form to
16the governor for approval.”.
AB68-ASA2-AA5,51,17 17148. Page 358, line 14: after that line insert:
AB68-ASA2-AA5,52,7 18“(3v) Emergency rules for meat processing facility grant program. The
19department of agriculture, trade and consumer protection may use the procedure
20under s. 227.24 to promulgate emergency rules relating to the meat processing
21facility grant program under s. 93.68 for the period before the effective date of any
22permanent rules promulgated under s. 93.68 but not to exceed the period authorized
23under s. 227.24 (1) (c), subject to extension under s. 227.24 (2). Notwithstanding s.
24227.24 (1) (a), (2) (b), and (3), when promulgating emergency rules under this

1subsection, the department is not required to provide evidence that promulgating a
2rule under this subsection as an emergency rule is necessary for the preservation of
3the public peace, health, safety, or welfare and is not required to provide a finding
4of emergency for a rule promulgated under this subsection. Notwithstanding s.
5227.24 (1) (e) 1d. and 1g., for emergency rules promulgated under this subsection, the
6department is not required to prepare a statement of scope of the rules or to submit
7the proposed rules in final draft form to the governor for approval.”.
AB68-ASA2-AA5,52,8 8149. Page 391, line 16: after that line insert:
AB68-ASA2-AA5,52,20 9(2e) Emergency rule-making authority; Great Lakes erosion control
10program.
The department of natural resources may use the procedure under s.
11227.24 to promulgate emergency rules under s. 23.199 for the period before the date
12on which permanent rules under s. 23.199 take effect. Notwithstanding s. 227.24 (1)
13(c) and (2), emergency rules promulgated under this subsection remain in effect until
14the first day of the 25th month beginning after the effective date of the emergency
15rules, the date on which the permanent rules take effect, or the effective date of the
16repeal of the emergency rules, whichever is earlier. Notwithstanding s. 227.24 (1) (a)
17and (3), the department of natural resources is not required to provide evidence that
18promulgating a rule under this subsection as emergency rules is necessary for the
19preservation of public peace, health, safety, or welfare and is not required to provide
20a finding of emergency for a rule promulgated under this subsection.”.