June 9, 2023 - Introduced by Representatives Mursau, Swearingen, Behnke, Binsfeld, Dittrich, Donovan, Green, Kitchens, Moses, O’Connor, Snyder, Spiros, Steffen, Summerfield, Wittke and Goeben, cosponsored by Senators Wimberger, Cowles, Ballweg, Cabral-Guevara, Felzkowski, Feyen, Nass and Quinn. Referred to Committee on Environment.
AB312,,22An Act to renumber 281.58 (8e); to amend 281.61 (6) and 281.75 (7) (c) 2. a.; and to create 66.0224, 66.0811 (4), 196.03 (7), 196.49 (7), 281.58 (8e) (bm), 292.315 and 292.32 of the statutes; relating to: programs and requirements to address perfluoroalkyl and polyfluoroalkyl substances. AB312,,33Analysis by the Legislative Reference Bureau This bill creates several new programs and requirements relating to PFAS, which is defined in the bill to mean perfluorooctanesulfonic acid (PFOS), perfluorooctanoic acid (PFOA), perfluorohexanesulfonic acid (PFHxS), perfluorononanoic acid (PFNA), perfluoroheptanoic acid (PFHpA), perfluorodecanoic acid (PFDA), and any other perfluoroalkyl or polyfluoroalkyl substance for which a standard has been promulgated under state or federal law.
Municipal PFAS grant program
The bill requires the Department of Natural Resources to create a municipal PFAS grant program to provide all of the following grants:
1. Grants to municipalities (defined under current law as a city, town, village, county, county utility district, town sanitary district, public inland lake protection and rehabilitation district, or metropolitan sewage district), distributed in equal shares, for PFAS testing at municipal water systems and municipal wastewater treatment facilities, or for reimbursement for such testing.
2. Grants to nonmunicipal entities regulated as public water systems, distributed in equal shares up to $1,800, to test their drinking water supply for PFAS, if required to do so by DNR, or for reimbursement for such testing.
3. Grants to municipalities to test for PFAS levels at municipally owned or managed locations where PFAS may be present. These grants are not available to municipalities that receive a grant under this program to test for PFAS at municipal water systems and municipal wastewater treatment facilities. These grants require matching funds of up to 20 percent from the applicant.
4. Grants to municipalities to dispose of PFAS-containing biosolids at facilities that accept such biosolids. These grants require matching funds of up to 20 percent from the applicant.
5. Grants for capital costs or debt service, including for facility upgrades or new infrastructure, to municipalities that are small or disadvantaged or in which rates for water or wastewater utilities will increase by more than 20 percent as a direct result of steps taken to address PFAS contamination.
6. Grants to municipalities for capital costs or other costs related to PFAS that are not otherwise paid from the segregated environmental improvement fund, including costs for addressing applicant-owned contaminated lands or costs incurred by fire departments. These grants require matching funds of up to 20 percent from the applicant.
For all of the grants provided under the municipal PFAS grant program, DNR may not require a grant recipient to take any action to address PFAS unless PFAS levels exceed any existing standard under state or federal law or unless state or federal law otherwise allows DNR to require the grant recipient to take action. The bill also prohibits DNR from publicly disclosing the results of any PFAS testing conducted under this grant program unless DNR notifies the grant recipient at least 72 hours before publicly disclosing any test result.
Innocent landowner grant program
The bill also requires DNR to provide grants to persons that own property with PFAS contamination that is not known to be the responsibility of the person. The total amount of grants awarded may not exceed $250,000 and DNR may require grant recipients to provide matching funds of not more than 20 percent of the grant amount.
Limitations on DNR actions relating to PFAS