LRB-3837/1
MCP:amn&cjs
2021 - 2022 LEGISLATURE
June 8, 2021 - Introduced by Representative Behnke. Referred to Committee on
Energy and Utilities.
AB392,1,2
1An Act to create 292.66 of the statutes;
relating to: creating a PFAS municipal
2grant program.
Analysis by the Legislative Reference Bureau
This bill creates a municipal grant program, administered by the Department
of Natural Resources, to address perfluoroalkyl and polyfluoroalkyl substances
(PFAS). Under the program, DNR must provide grants to cities, towns, villages,
counties, utility districts, lake protection districts, sewerage districts, and municipal
airports. DNR may award a grant only if the applicant tested or trained with a
PFAS-containing fire fighting foam in accordance with applicable state and federal
law, or if a third party tested or trained with PFAS-containing fire fighting foam
within the boundaries of the municipality; the applicant applied biosolids to land
under a water pollution permit issued by DNR; or PFAS are impacting the applicant'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.
Under the bill, grants provided under this program may be used to investigate
potential PFAS impacts in order to reduce or eliminate environmental
contamination; treat or dispose of PFAS-containing fire fighting foam containers;
sample a private water supply within one mile of a site or facility known to contain
PFAS or to have caused a PFAS discharge; provide a temporary emergency water
supply, a water treatment system, or bulk water to replace water contaminated with
PFAS; conduct emergency, interim, or remedial actions to mitigate, treat, dispose of,
or remove PFAS contamination; or remove or treat PFAS in public water systems in
areas where PFAS levels exceed the maximum contaminant level for PFAS in
drinking water or an enforcement standard for PFAS in groundwater or in areas
where the state has issued a health advisory for PFAS.
An applicant that receives a grant under this program must contribute
matching funds equal to at least 20 percent of the amount of the grant. The applicant
must apply for a grant on a form prescribed by DNR and must include any
information that DNR finds is necessary to determine the eligibility of the project,
identify the funding requested, determine the priority of the project, and calculate
the amount of a grant. In awarding grants under this program, DNR must consider
the applicant's demonstrated commitment to performing and completing eligible
activities, including the applicant's financial commitment and ability to successfully
administer grants; and the degree to which the project will have a positive impact
on public health and the environment.