SB45,1272,18 (3) Eligibility prerequisites. A grant may be awarded under sub. (2) only if one of the following has occurred:

SB45,1272,22 (a) The municipality tested or trained with a class B firefighting 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 firefighting foam that contained intentionally added PFAS within the area controlled by the municipality.

SB45,1273,2 (b) The municipality applied biosolids to land under a permit issued by DNR under s. 283.31.

SB45,1273,6 (c) PFAS are impacting the municipality’s drinking water supply or surface water or groundwater within the area controlled by the municipality and the responsible party is unknown or is unwilling or unable to take the necessary response actions.

SB45,1273,8 (d) PFAS contamination in groundwater is impacting private wells within the area controlled by the municipality.

SB45,1273,10 (4) Eligible activities. The department may award a grant under sub. (2) for any of the following activities:

SB45,1273,12 (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.

SB45,1273,14 (b) Treating or disposing of PFAS-containing firefighting foam containers from a municipal site or facility.

SB45,1273,16 (c) Sampling a private water supply within 3 miles of a site or facility known to contain PFAS or to have caused a PFAS discharge.

SB45,1273,18 (d) Assisting owners of private wells with the cost of installation of filters, treatment, or well replacement.

SB45,1273,20 (e) Providing a temporary emergency water supply, a water treatment system, or bulk water to replace water contaminated with PFAS.

SB45,1273,22 (f) Conducting emergency, interim, or remedial actions to mitigate, treat, dispose of, or remove PFAS contamination to the air, land, or waters of the state.

SB45,1274,4 (g) Removing or treating PFAS in a public water system using the most cost- effective method to provide safe drinking water in areas where PFAS levels exceed the maximum contaminant level for PFAS under ch. 281 or an enforcement standard for PFAS under ch. 160 or where the state has issued a health advisory for PFAS.

SB45,1274,7 (h) Creating a new public water system or connecting private well owners to an existing public water system in an area in which there is widespread PFAS contamination in private water supplies.

SB45,1274,11 (i) Sampling and testing water for PFAS contamination in a public, private, or tribal elementary or secondary school, a child care center that is licensed under s. 48.65, a child care program that is established or contracted for under s. 120.13 (14), or a child care provider that is certified under s. 48.651.

SB45,1274,15 (5) Application. A municipality shall apply for a grant on a form prescribed by the department and shall include any information that the department finds 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.

SB45,1274,17 (6) Evaluation criteria. The department, in awarding grants under this section, shall consider all of the following criteria:

SB45,1274,20 (a) The municipality’s demonstrated commitment to performing and completing eligible activities, including the municipality’s financial commitment and ability to successfully administer grants.

SB45,1274,22 (b) The degree to which the project will have a positive impact on public health and the environment.

SB45,1275,2 (c) Other criteria that the department finds necessary to prioritize the funds available for awarding grants.

SB45,1275,6 (7) Matching funds. The department may not distribute a grant under this section unless the applicant contributes matching funds equal to at least 20 percent of the amount of the grant. Matching funds may be in the form of cash, in-kind contributions, or both.

SB45,1275,11 (8) Rule making. The department shall promulgate rules necessary to administer this section, including procedures for submission, review, and determination of applications for assistance under this section. The rules promulgated under this subsection shall give priority to providing assistance to owners of private wells contaminated with PFAS.

SB45,2568 Section 2568. 292.74 of the statutes is created to read:

SB45,1276,7 292.74 Financial responsibility for PFAS. The department may, if it determines doing so is necessary to protect human health or the environment, require a person who possesses or controls or who causes the discharge of a perfluoroalkyl or polyfluoroalkyl substance, and any person who manufactures any product that contains intentionally added perfluoroalkyl or polyfluoroalkyl substances, to provide proof of financial responsibility for conducting emergency response actions, remedial actions, environmental repair, and long-term care to address contamination by a potential discharge of a perfluoroalkyl or polyfluoroalkyl substance or environmental pollution that may be caused by a discharge of such substances. The department shall establish, by rule, the procedure for determining whether requiring a proof of financial responsibility is necessary to protect human health or the environment, and may establish requirements for types of financial responsibility, methods for calculating amounts of financial responsibility, access and default, bankruptcy notifications, and any other requirements the department determines is necessary under this section. The proof of financial responsibility required under this section shall be in addition to any other proof of financial responsibility or financial assurance required under this chapter. This section does not apply to a person exempt under s. 292.11 (9).

SB45,2569 Section 2569. 299.487 of the statutes is created to read:

SB45,1276,9 299.487 Transportation and disposal of PFAS. (1) In this section:

SB45,1276,16 (a) “Environmental justice” means the fair treatment and meaningful involvement of all individuals, regardless of race, color, national origin, educational level, or income, with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies to ensure that no population of color or community of color, indigenous community, or low-income community shall be exposed to a disproportionate burden of the negative human health and environmental impacts of pollution or other environmental hazards.

SB45,1276,17 (b) “PFAS” means a perfluoroalkyl or polyfluoroalkyl substance.

SB45,1277,2 (2) A person disposing of PFAS, or transporting PFAS for the purpose of disposal, shall attempt to the greatest extent possible to avoid disposing of PFAS in, or transporting PFAS to, any location where such disposal or transportation will contribute to environmental justice concerns and shall consider all reasonable alternatives for transport and disposal of PFAS. The department shall assist any person, upon request, in evaluating the environmental justice impacts of the person’s disposal or transportation of PFAS.