AB131,10 Section 10. 292.32 of the statutes is created to read:

AB131,10,3 292.32 Limitations on department actions relating to PFAS. (1) Definitions. In this section:

AB131,10,5 (a) “Construction project” means a building project that will affect one or more parcels.

AB131,10,6 (b) “PFAS” has the meaning given in s. 292.315 (1).

AB131,10,12 (c) “Public works” means the physical structures and facilities developed or acquired by a local unit of government or a federally recognized American Indian tribe or band in this state to provide services and functions for the benefit and use of the public, including water, sewerage, waste disposal, utilities, and transportation, and privately owned solid waste disposal facilities that accept residential waste.

AB131,10,16 (2) Construction projects. Notwithstanding any conflicting provisions of this chapter, the department may not prevent, delay, or otherwise impede any construction project or project of public works on the basis of a presence of PFAS contamination unless the department determines any of the following:

AB131,10,17 (a) The project poses a substantial risk to public health or welfare.

AB131,10,19 (b) There is a substantial risk that the project will create worsening environmental conditions.

AB131,10,22 (c) The entity proposing to complete the project is responsible for the original contamination, as a result of conduct that was reckless or was done with the intent to discharge PFAS into the environment.

AB131,11,2 (d) The department is specifically required under the federal Clean Water Act to prevent, delay, or otherwise impede the project.

AB131,11,5 (3) PFAS testing on nonstate lands. If department staff or a 3rd-party entity contracted by the department seeks to conduct voluntary testing under this chapter for PFAS, all of the following shall apply:

AB131,11,12 (a) If the department, or an entity contracted by the department, seeks to collect voluntary samples from lands not owned by the state based on permission from the landowner, such permission shall be in writing, and the department shall notify the landowner that such permission includes the authority to collect samples, to test those samples, and to publicly disclose the results of that testing. A landowner may revoke such permission at any time prior to the collection of samples.

AB131,11,16 (b) The department may not publicly disclose the results of any PFAS testing conducted on samples taken from lands not owned by the state unless the department notifies the landowner of the test results at least 72 hours before publicly disclosing the test results.

AB131,11,23 (4) PFAS testing requests. The department shall, in a timely manner, respond to requests from any person to conduct PFAS testing on samples taken from the person’s property if practicable and if funds are available to do so, if there is a reasonable belief that PFAS contamination may be present on the property, and if existing information such as public water supply testing data is not available. The department may contract with a 3rd party to respond to requests for testing under this subsection.

AB131,11 Section 11. 292.34 of the statutes is created to read:

AB131,12,4 292.34 Innocent landowner grant program; limitations on enforcement action. (1) In this section, “PFAS” has the meaning given in s. 292.315 (1).

AB131,12,8 (1m) This section applies only to PFAS for which there is a state or federal standard, a public health recommendation from the department of health services under s. 160.07, or a health advisory issued by the federal environmental protection agency.

AB131,12,13 (2) The department shall administer a program under which the department may provide a grant to an eligible person under sub. (3) or to a person who is applying on behalf of multiple eligible persons that are located in the same geographic region and that will be conducting similar activities under sub. (4), if the applicant will be the entity conducting the activities under sub. (4).

AB131,12,14 (3) All of the following are persons eligible for a grant under this section:

AB131,12,16 (a) A person that spread biosolids or wastewater residuals contaminated by PFAS in compliance with any applicable license or permit.

AB131,12,19 (b) A person that owns land upon which biosolids or wastewater residuals contaminated by PFAS were spread in compliance with any applicable license or permit.

AB131,12,23 (c) A fire department, public-use airport, as defined in s. 114.002 (18m), or municipality that responded to an emergency that required the use of PFAS or that conducted training for such an emergency in compliance with applicable federal regulations.

AB131,12,24 (d) A solid waste disposal facility that accepted PFAS.

AB131,13,3 (e) A person that owns, leases, manages, or contracts for property on which the PFAS contamination did not originate, unless the person also owns, leases, manages, or contracts for the property on which the PFAS discharge originated.

AB131,13,9 (4) Grants under this section may be used to cover costs associated with additional testing; environmental studies; engineering reports; clean drinking water supplies, including temporary potable water, filtration, well replacement, or interconnection to a municipal water supply; remediation costs; and any other cost resulting from landspreading of contaminated biosolids, detection of groundwater contamination, or other contamination events affecting the property.

AB131,13,11 (5) The department shall accept applications for grants and award grants under this section on a rolling basis.

AB131,13,15 (6) Grants awarded under this section may not exceed $250,000 for each eligible person. The department may require the recipient of a grant under this section to provide matching funds in an amount not to exceed 5 percent of the amount of the grant.

AB131,12 Section 12. NR 811.12 (1) (g) 2. of the administrative code is renumbered NR 811.12 (1) (g) 2. (intro.) and amended to read:

AB131,13,21 NR 811.12 (1) (g) 2. (intro.) Test wells to be converted to permanent wells or test wells to be pumped at a rate of 70 gallons per minute or more for a period of more than 72 hours All of the following test wells shall be approved by the department prior to their construction.: