AB68,1403,17 (4) Eligible activities. The department may award a grant under sub. (2) for any of the following activities:

AB68,1403,19 (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.

AB68,1403,21 (b) Treating or disposing of PFAS-containing fire fighting foam containers from a municipal site or facility.

AB68,1403,23 (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.

AB68,1403,25 (d) Providing a temporary emergency water supply, a water treatment system, or bulk water to replace water contaminated with PFAS.

AB68,1404,2 (e) Conducting emergency, interim, or remedial actions to mitigate, treat, dispose of, or remove PFAS contamination to the air, land, or waters of the state.

AB68,1404,7 (f) 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.

AB68,1404,11 (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.

AB68,1404,13 (6) Evaluation criteria. The department, in awarding grants under this section, shall consider all of the following criteria:

AB68,1404,16 (a) The municipality's demonstrated commitment to performing and completing eligible activities, including the municipality's financial commitment and ability to successfully administer grants.

AB68,1404,18 (b) The degree to which the project will have a positive impact on public health and the environment.

AB68,1404,20 (c) Other criteria that the department finds necessary to prioritize the funds available for awarding grants.

AB68,1404,24 (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.

AB68,2673 Section 2673 . 292.74 of the statutes is created to read:

AB68,1405,15 292.74 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 a perfluoroalkyl or polyfluoroalkyl substance 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 perfluoroalkyl or polyfluoroalkyl substances 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 are 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.

AB68,2674 Section 2674 . 299.15 (2m) of the statutes is created to read:

AB68,1405,19 299.15 (2m) The department shall consider all known perfluoroalkyl or polyfluoroalkyl substances to be air contaminants for purposes of sub. (2) (a) 2. The reporting level for these substances is zero pounds per year.

AB68,2675 Section 2675 . 299.44 of the statutes is created to read:

AB68,1405,21 299.44 Sale and use of coal tar sealants. (1) Definitions. In this section:

AB68,1405,25 (a) “Coal tar sealant product” means a surface applied sealing product containing coal tar, coal tar pitch, coal tar pitch volatiles, or any variation assigned the Chemical Abstracts Service (CAS) number 65996-93-2, 65996-89-6, or 8007-45-2.

AB68,1406,2 (b) “High PAH sealant product” means a surface applied sealant product that contains more than 0.1 percent polycyclic aromatic hydrocarbons by weight.

AB68,1406,5 (2) Prohibitions. (a) Beginning January 1, 2022, no person may sell or offer for sale a coal tar sealant product or high PAH sealant product, except as provided in sub. (3).

AB68,1406,7 (b) Beginning July 1, 2022, no person may apply a coal tar sealant product or high PAH sealant product, except as provided in sub. (3).

AB68,1406,9 (3) Exemptions. The department may grant an exemption to the prohibitions under sub. (2) to any of the following upon written request:

AB68,1406,11 (a) A person who is researching the effects of a coal tar sealant product or high PAH sealant product on the environment.

AB68,1406,13 (b) A person who is developing an alternative technology if the use of a coal tar sealant product or high PAH sealant product is required for research or development.

AB68,2676 Section 2676 . 301.01 (1n) of the statutes is amended to read:

AB68,1406,17 301.01 (1n) “Juvenile correctional services" means services provided for a juvenile who is under the supervision of the department of corrections under s. 938.183, 938.34 (2), (4h), (4m), (4n), or (7g), or 938.357 (3) or (4).

AB68,2677 Section 2677 . 301.01 (1n) of the statutes, as affected by 2019 Wisconsin Act 8 and 2021 Wisconsin Act .... (this act), is repealed and recreated to read: