Finally, the bill requires DNR to establish an advisory committee to advise DNR on the promulgation of permanent rules relating to PFAS. The committee must include members of groups likely to be affected by such rules.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB774,1 Section 1. 227.01 (13) (yv) of the statutes is created to read:

SB774,3,3 227.01 (13) (yv) Determines the boundaries of a PFAS management zone under s. 281.18 (3).

SB774,2 Section 2. 281.18 of the statutes is created to read:

SB774,3,5 281.18 PFAS management zones. (1) Definitions. In this section:

SB774,4,3 (a) “Discernable path of contamination” means the path that PFAS contamination takes from its source, such as down a river or with the flow of the groundwater table.

SB774,4,5 (b) “Drinking water” means surface water or groundwater used as a source of public or private drinking water, as determined by the department.

SB774,4,6 (c) “PFAS” means a perfluoroalkyl substance or polyfluoroalkyl substance.

SB774,4,7 (d) “PFBS” means perfluorobutane sulfonic acid.

SB774,4,8 (e) “PFHpA” means perfluoroheptanoic acid.

SB774,4,9 (f) “PFHxS” means perfluorohexane sulfonic acid.

SB774,4,10 (g) “PFNA” means perfluorononanoic acid.

SB774,4,11 (h) “PFOA” means perfluorooctanoic acid.

SB774,4,12 (i) “PFOS” means perfluorooctanesulfonic acid.

SB774,4,14 (j) “Positive test” means a test of a drinking water sample that shows levels of PFOA and PFOS in excess of 70 parts per trillion.

SB774,5,2 (2) Purpose. The purpose of this section is to define geographical areas in this state that are characterized by elevated levels of PFOA and PFOS in surface water or groundwater that is used as a source for public or private drinking water. The purpose of PFAS management zones is to provide guidelines that target areas of the state most affected by PFAS contamination to, in the short-term, protect public health and welfare and, in the long-term, research the best methods and most economically and technically feasible outcomes for implementing statewide standards, for performing cleanup measures, including soil and sediment remediation, and for properly disposing of contaminants. The department shall use the information gathered from these zones to inform future actions, including rule making and other administrative actions. The PFAS management zones shall also be used to identify the path of contamination to inform future actions.

SB774,5,4 (3) Establishing PFAS management zones. A PFAS management zone shall be established using the following method:

SB774,5,6 (a) The area within a one-mile radius of a positive test is the maximum boundary of the initial PFAS management zone.

SB774,5,9 (b) The area within one mile of the boundary of an initial PFAS management zone is the testing region. The department may conduct testing and research relating to PFOA, PFOS, PFHxS, PFNA, PFBS, and PFHpA within a testing region.

SB774,5,13 (c) If 5 positive tests are found in a testing region, the maximum boundary of an initial PFAS management zone expands to include the testing region. The area within one mile of the boundary of this expanded PFAS management zone becomes a new testing region.

SB774,5,16 (d) The department may continue to expand the maximum boundary of a proposed PFAS management zone and testing region in one-mile increments until it can no longer find 5 positive tests in a testing region.

SB774,5,20 (e) If the department finds a discernable path of contamination, the department shall continue to extend the boundary of the proposed PFAS management zone and testing region in one-mile increments in the direction of the path of contamination until it can no longer find 5 positive tests in the testing region.

SB774,5,24 (f) If the department finds a discernable path of contamination, the department shall consider removing from the proposed PFAS management zone any areas that are not in the path of contamination and that either do not contain positive tests or that contain minimal evidence of contamination.

SB774,6,2 (g) The department shall consider removing from the proposed PFAS management zone other areas based on the following factors:

SB774,6,5 1. Hydrogeological considerations, including soil characteristics, depth to groundwater, groundwater gradients, and flow direction, based on positive test locations.