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(a) “Class B fire fighting foam” has the meaning given in s. 299.48 (1) (a).
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(b) “Municipality” means a city, village, town, county, utility district, lake
20protection district, sewerage district, or municipal airport.
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(c) “PFAS” means a perfluoroalkyl or polyfluoroalkyl substance.
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22(2) Financial assistance. The department shall administer a program to
23provide grants from the appropriation under s. 20.370 (6) (ed) to municipalities that
24meet the requirements under sub. (3) for the purpose of conducting any of the eligible
25activities under sub. (4).
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1(3) Eligibility prerequisites. A grant may be awarded under sub. (2) only if
2one of the following has occurred:
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(a) The municipality tested or trained with a class B fire fighting foam that
4contained intentionally added PFAS in accordance with applicable state and federal
5law, or a 3rd party tested or trained with a class B fire fighting foam that contained
6intentionally added PFAS within the boundaries of the municipality.
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(b) The municipality applied biosolids to land under a permit issued by the
8department under s. 283.31.
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(c) One or more PFAS are impacting the municipality's drinking water supply
10or surface water or groundwater within the municipality and the responsible party
11is unknown or is unwilling or unable to take the necessary response actions.
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12(4) Eligible activities. The department may award a grant under sub. (2) for
13any of the following activities:
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(a) Investigating potential PFAS impacts to the air, land, or water at a site or
15facility for the purpose of reducing or eliminating environmental contamination.
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(b) Treating or disposing of PFAS-containing fire fighting foam containers from
17a municipal site or facility.
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(c) Sampling a private water supply within 3 miles of a site or facility known
19to contain PFAS or to have caused a PFAS discharge.
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(d) Providing a temporary emergency water supply, a water treatment system,
21or bulk water to replace water contaminated with PFAS.
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(e) Conducting emergency, interim, or remedial actions to mitigate, treat,
23dispose of, or remove PFAS contamination to the air, land, or waters of the state.
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(f) Removing or treating PFAS in a public water system using the most
25cost-effective method to provide safe drinking water in areas where PFAS levels
1exceed the maximum contaminant level for PFAS under ch. 281 or an enforcement
2standard for PFAS under ch. 160 or where the state has issued a health advisory for
3PFAS.
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(g) Paying the costs of a municipality for a mediator under s. 281.79.
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5(5) Application. A municipality shall apply for a grant on a form prescribed
6by the department and shall include any information that the department finds
7necessary to determine the eligibility of the project, identify the funding requested,
8determine the priority of the project, and calculate the amount of a grant.
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9(6) Evaluation criteria. The department, in awarding grants under this
10section, shall consider all of the following criteria:
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(a) The municipality's demonstrated commitment to performing and
12completing eligible activities, including the municipality's financial commitment
13and ability to successfully administer grants.
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(b) The degree to which the project will have a positive impact on public health
15and the environment.
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(c) Other criteria that the department finds necessary to prioritize the funds
17available for awarding grants.
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18(7) Matching funds. The department may not distribute a grant under this
19section unless the applicant contributes matching funds equal to at least 20 percent
20of the amount of the grant. Matching funds may be in the form of cash, in-kind
21contributions, or both.
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22Section
24. 292.67 of the statutes is created to read:
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23292.67 County well testing grant program. (1) Definitions. In this
24section:
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(a) “PFAS” means a perfluoroalkyl or polyfluoroalkyl substance.
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1(b) “Private water supply" means a well that is used as a source of water for
2humans, livestock, as defined in s. 95.80 (1) (b), or poultry.
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3(2) Financial assistance. The department shall administer a program to
4provide grants from the appropriation under s. 20.370 (6) (ee) to counties for the
5purpose of providing sampling and testing services to owners of private water
6supplies to sample and test for PFAS, nitrates, bacteria, and lead.
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7Section
25. 292.74 of the statutes is created to read:
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8292.74 Financial responsibility for PFAS. The department may, if it
9determines doing so is necessary to protect human health or the environment,
10require a person who possesses or controls or who causes the discharge of a
11perfluoroalkyl or polyfluoroalkyl substance to provide proof of financial
12responsibility for conducting emergency response actions, remedial actions,
13environmental repair, and long-term care to address contamination by a potential
14discharge of perfluoroalkyl or polyfluoroalkyl substances or environmental pollution
15that may be caused by a discharge of such substances. The department shall
16establish, by rule, the procedure for determining whether requiring a proof of
17financial responsibility is necessary to protect human health or the environment,
18and may establish requirements for types of financial responsibility, methods for
19calculating amounts of financial responsibility, access and default, bankruptcy
20notifications, and any other requirements the department determines is necessary
21under this section. The proof of financial responsibility required under this section
22shall be in addition to any other proof of financial responsibility or financial
23assurance required under this chapter. This section does not apply to a municipality,
24fire department, fire district, water utility, wastewater utility, agricultural producer,
25or the state.