SB361,12,16 (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.

SB361,13,2 (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.

SB361,13,12 (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.

SB361,13,15 (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.

SB361,13,20 (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.

SB361,14,2 (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.

SB361,14,7 (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.

SB361,14,10 (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.

SB361,19 Section 19. 285.27 (2) (bm) of the statutes is created to read:

SB361,14,19 285.27 (2) (bm) Standards for PFAS. The department shall promulgate emission standards for any perfluoroalkyl or polyfluoroalkyl substance for which the department of health services has recommended a groundwater enforcement standard to provide adequate protection for public health and welfare, taking into account energy, economic, and environmental impacts and other costs related to the emission source. The department shall begin promulgating standards under this paragraph within 12 months of receiving a recommended groundwater enforcement standard from the department of health services.

SB361,20 Section 20. 292.31 (1) (d) (intro.) of the statutes is amended to read:

SB361,15,4 292.31 (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:

SB361,21 Section 21. 292.31 (1) (d) 1m. of the statutes is created to read:

SB361,15,8 292.31 (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.

SB361,22 Section 22. 292.31 (11) of the statutes is created to read:

SB361,15,15 292.31 (11) Residual contaminant levels for PFAS. The department shall require responsible parties to establish residual contaminant levels for the cleanup of contaminated soil and sediment, as required under rules promulgated by the department, as a result of a discharge of any perfluoroalkyl or polyfluoroalkyl substance for which the department receives a recommended groundwater enforcement standard from the department of health services.

SB361,23 Section 23. 292.66 of the statutes is created to read:

SB361,15,17 292.66 PFAS municipal grant program. (1) Definitions. In this section:

SB361,15,18 (a) “Class B fire fighting foam” has the meaning given in s. 299.48 (1) (a).

SB361,15,20 (b) “Municipality” means a city, village, town, county, utility district, lake protection district, sewerage district, or municipal airport.

SB361,15,21 (c) “PFAS” means a perfluoroalkyl or polyfluoroalkyl substance.

SB361,15,25 (2) Financial assistance. The department shall administer a program to provide grants from the appropriation under s. 20.370 (6) (ed) to municipalities that meet the requirements under sub. (3) for the purpose of conducting any of the eligible activities under sub. (4).

SB361,16,2 (3) Eligibility prerequisites. A grant may be awarded under sub. (2) only if one of the following has occurred:

SB361,16,6 (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 the boundaries of the municipality.

SB361,16,8 (b) The municipality applied biosolids to land under a permit issued by the department under s. 283.31.

SB361,16,11 (c) One or more PFAS are impacting 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.

SB361,16,13 (4) Eligible activities. The department may award a grant under sub. (2) for any of the following activities:

SB361,16,15 (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.

SB361,16,17 (b) Treating or disposing of PFAS-containing fire fighting foam containers from a municipal site or facility.