1 | 1 | | LRB-5960/1 |
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2 | 2 | | MCP:cjs |
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3 | 3 | | 2023 - 2024 LEGISLATURE |
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4 | 4 | | 2023 ASSEMBLY BILL 1173 |
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5 | 5 | | March 22, 2024 - Introduced by Representatives MURSAU, O'CONNOR and STEFFEN, |
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6 | 6 | | cosponsored by Senators COWLES, WIMBERGER and CABRAL-GUEVARA. Referred |
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7 | 7 | | to Committee on Environment. |
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8 | 8 | | AN ACT relating to: proposed rules relating to the development of numerical |
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9 | 9 | | groundwater quality standards for per- and polyfluoroalkyl substances, |
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10 | 10 | | promulgated by the Department of Natural Resources. |
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11 | 11 | | Analysis by the Legislative Reference Bureau |
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12 | 12 | | Under current law, agencies are generally required to prepare economic impact |
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13 | 13 | | analyses (EIAs) for proposed permanent rules, which must contain certain |
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14 | 14 | | information on the economic effect of the proposed rule on specific businesses, |
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15 | 15 | | business sectors, public utility ratepayers, local governmental units, and the state's |
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16 | 16 | | economy as a whole. Current law further provides that if an EIA prepared by an |
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17 | 17 | | agency indicates that $10,000,000 or more in implementation and compliance costs |
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18 | 18 | | are reasonably expected to be incurred by or passed along to businesses, local |
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19 | 19 | | governmental units, and individuals over any two-year period as a result of the |
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20 | 20 | | proposed rule (cost threshold), the agency proposing the rule must stop work on the |
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21 | 21 | | proposed rule and may not continue promulgating the proposed rule. The agency |
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22 | 22 | | may only proceed with the rule-making process if the agency modifies the proposed |
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23 | 23 | | rule so as not to meet this cost threshold or if a bill is enacted authorizing the agency |
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24 | 24 | | to continue with the rule-making process for the proposed rule. |
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25 | 25 | | On December 19, 2023, the Department of Natural Resources notified the |
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26 | 26 | | legislature that DNR had prepared a final EIA for a proposed permanent rule |
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27 | 27 | | relating to the development of numerical groundwater quality standards |
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28 | 28 | | (groundwater quality rule) and that DNR had, in that EIA, determined that the |
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29 | 29 | | groundwater quality rule would meet or exceed that cost threshold. The |
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32 | 32 | | 3 - 2 -2023 - 2024 Legislature LRB-5960/1 |
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33 | 33 | | MCP:cjs |
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34 | 34 | | ASSEMBLY BILL 1173 |
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35 | 35 | | groundwater quality rule would establish numerical standards to minimize the |
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36 | 36 | | concentration of certain per- and polyfluoroalkyl substances (PFAS) in groundwater |
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37 | 37 | | in this state. |
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38 | 38 | | This bill is introduced pursuant to s. 227.139 (2) (a), stats., to authorize DNR |
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39 | 39 | | to continue with the rule-making process for the groundwater quality rule. The bill |
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40 | 40 | | does not affect the applicability of other steps of the rule-making process that must |
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41 | 41 | | be completed in order to promulgate the proposed permanent rule. |
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42 | 42 | | The people of the state of Wisconsin, represented in senate and assembly, do |
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43 | 43 | | enact as follows: |
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44 | 44 | | SECTION 1.0Nonstatutory provisions. |
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45 | 45 | | (1) The department of natural resources is hereby authorized, for purposes of |
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46 | 46 | | s. 227.139 (2) (a), to resume the permanent rule-making process under ch. 227 with |
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47 | 47 | | respect to a proposed permanent rule based upon scope statement SS 075-22, |
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48 | 48 | | numbered DG-17-22 by the department, relating to the development of numerical |
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49 | 49 | | groundwater quality standards. |
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50 | 50 | | (END) |
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