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