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2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 312
June 9, 2023 - Introduced by Representatives MURSAU, SWEARINGEN, BEHNKE,
BINSFELD, DITTRICH, DONOVAN, GREEN, KITCHENS, MOSES, O'CONNOR, SNYDER,
SPIROS, STEFFEN, SUMMERFIELD, WITTKE and GOEBEN, cosponsored by Senators
WIMBERGER, COWLES, BALLWEG, CABRAL-GUEVARA, FELZKOWSKI, FEYEN, NASS
and QUINN. Referred to Committee on Environment.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to renumber 281.58 (8e); to amend 281.61 (6) and 281.75 (7) (c) 2. a.;
and to create 66.0224, 66.0811 (4), 196.03 (7), 196.49 (7), 281.58 (8e) (bm),
292.315 and 292.32 of the statutes; relating to: programs and requirements
to address perfluoroalkyl and polyfluoroalkyl substances.
Analysis by the Legislative Reference Bureau
This bill creates several new programs and requirements relating to PFAS,
which is defined in the bill to mean perfluorooctanesulfonic acid (PFOS),
perfluorooctanoic acid (PFOA), perfluorohexanesulfonic acid (PFHxS),
perfluorononanoic acid (PFNA), perfluoroheptanoic acid (PFHpA),
perfluorodecanoic acid (PFDA), and any other perfluoroalkyl or polyfluoroalkyl
substance for which a standard has been promulgated under state or federal law.
Municipal PFAS grant program
The bill requires the Department of Natural Resources to create a municipal
PFAS grant program to provide all of the following grants:
1. Grants to municipalities (defined under current law as a city, town, village,
county, county utility district, town sanitary district, public inland lake protection
and rehabilitation district, or metropolitan sewage district), distributed in equal
shares, for PFAS testing at municipal water systems and municipal wastewater
treatment facilities, or for reimbursement for such testing.
2. Grants to nonmunicipal entities regulated as public water systems,
distributed in equal shares up to $1,800, to test their drinking water supply for
PFAS, if required to do so by DNR, or for reimbursement for such testing.
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3. Grants to municipalities to test for PFAS levels at municipally owned or
managed locations where PFAS may be present. These grants are not available to
municipalities that receive a grant under this program to test for PFAS at municipal
water systems and municipal wastewater treatment facilities. These grants require
matching funds of up to 20 percent from the applicant.
4. Grants to municipalities to dispose of PFAS-containing biosolids at facilities
that accept such biosolids. These grants require matching funds of up to 20 percent
from the applicant.
5. Grants for capital costs or debt service, including for facility upgrades or new
infrastructure, to municipalities that are small or disadvantaged or in which rates
for water or wastewater utilities will increase by more than 20 percent as a direct
result of steps taken to address PFAS contamination.
6. Grants to municipalities for capital costs or other costs related to PFAS that
are not otherwise paid from the segregated environmental improvement fund,
including costs for addressing applicant-owned contaminated lands or costs
incurred by fire departments. These grants require matching funds of up to 20
percent from the applicant.
For all of the grants provided under the municipal PFAS grant program, DNR
may not require a grant recipient to take any action to address PFAS unless PFAS
levels exceed any existing standard under state or federal law or unless state or
federal law otherwise allows DNR to require the grant recipient to take action. The
bill also prohibits DNR from publicly disclosing the results of any PFAS testing
conducted under this grant program unless DNR notifies the grant recipient at least
72 hours before publicly disclosing any test result.
Innocent landowner grant program
The bill also requires DNR to provide grants to persons that own property with
PFAS contamination that is not known to be the responsibility of the person. The
total amount of grants awarded may not exceed $250,000 and DNR may require
grant recipients to provide matching funds of not more than 20 percent of the grant
amount.
Limitations on DNR actions relating to PFAS
Under the bill, DNR may not require the owner of a brownfield property to test
for PFAS unless DNR has information that the property previously had a substantial
amount of uncontained PFAS. “Brownfield property” is defined to mean abandoned,
idle, or underused industrial or commercial facilities or sites, the expansion or
redevelopment of which is adversely affected by actual or perceived environmental
contamination.
Under the bill, DNR may not prevent, delay, or otherwise impede any
development project or project of public works based on a presence of PFAS
contamination unless DNR determines that 1) the project poses a measurable risk
to public health or welfare, 2) there is a substantial risk that the project would lead
to worsening environmental conditions, or 3) the entity proposing to complete the
project is, as a result of negligence, responsible for the original contamination.
“Public works” is defined to mean the physical structures and facilities developed or
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tribe or band in this state to provide services and functions for the benefit and use
of the public, including water, sewerage, waste disposal, utilities, and
transportation.
In addition, under the bill, when testing for PFAS, DNR may not collect samples
from lands not owned by the state without written permission from the landowner
to collect samples, to test those samples, and to publicly disclose the results of that
testing. DNR also may not publicly disclose such PFAS testing results unless it
notifies the landowner of the test results at least 72 hours before publicly disclosing
them. In addition, DNR may not take any enforcement action against a landowner
based on the results of any PFAS testing conducted on samples taken from lands not
owned by the state unless PFAS levels exceed any applicable limit under state or
federal law or another applicable state or federal law requires DNR to take
enforcement action. In addition, DNR must respond to requests from any person to
conduct PFAS testing on samples taken from the person's property if funds are
available to do so, if there is a reasonable belief that PFAS contamination may be
present on the property, and if existing information such as public water supply
testing data is not available.
The bill also requires DNR, in the 2023-25 fiscal biennium, to increase its PFAS
testing activities.
Fire fighting foam
The bill requires DNR to survey or resurvey local fire departments about their
use and possession of PFAS-containing fire fighting foam, send communications and
information, and contract with a third party to collect PFAS-containing firefighting
foam.
Well compensation grant program
Under current law, an individual owner or renter of a contaminated private
well, subject to eligibility requirements, may apply for a grant from DNR to cover a
portion of the costs to treat the water, reconstruct the well, construct a new well,
connect to a public water supply, or fill and seal the well. The bill provides that a
grant for costs to treat the water may be used to cover the cost of a filtration device
and up to two replacement filters.
Portable water treatment system pilot project
The bill requires DNR to contract with an entity to conduct a pilot project in
which PFAS-contaminated surface water is partially or fully diverted to a portable
treatment system and treated water is returned to the surface water. DNR and the
entity must conduct tests to evaluate the success of the pilot project.
Remedial action at sites contaminates by PFAS
The bill requires DNR to begin response and remedial actions at any
PFAS-contaminated site where a responsible party has not been identified or the
responsible party is unable to pay for remediation.
Reduction of PFAS testing costs
The bill requires DNR and the Board of Regents of the University of Wisconsin
System to enter into a memorandum of understanding to ensure that the state
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percent within two years. The bill requires the state laboratory of hygiene to prepare
a report on its efforts to reduce the cost of PFAS testing and the timeline for receiving
testing results.
PFAS studies and reporting
The bill requires DNR and the Board of Regents of the University of Wisconsin
System to enter into a memorandum of understanding to 1) study and analyze the
cost, feasibility, and effectiveness of different methods of treating PFAS before they
are released into a water system or water body; 2) conduct a cost-benefit analysis of
different options for disposing of biosolids or sludge that contains or may contain
PFAS; 3) study and analyze the cost, feasibility, and effectiveness of different
destruction and disposal methods for PFAS; 4) study and analyze the migration of
PFAS into the bay of Green Bay; and 5) create a comprehensive, interactive map
showing all available PFAS testing data and, for each data point, whether it exceeds
any applicable state or federal standard for PFAS. Such data may not contain any
personally identifiable information unless the entity to which the data applies is
required to test and disclose its results under state or federal law.
DNR reporting requirements
The bill requires DNR to report to the legislature once every six months for a
period of three-years to provide a detailed description of DNR's expenditures under
the bill and a detailed description of DNR's progress in implementing the provisions
of the bill.
Clean water fund program and safe drinking water loan program
Under current law, the Department of Administration and DNR administer the
Safe Drinking Water Loan Program (SDWLP), which provides financial assistance
to municipalities, and to the private owners of community water systems that serve
municipalities, for projects that will help the municipalities comply with federal
drinking water standards. DNR establishes a funding priority list for SDWLP
projects, and DOA allocates funding for those projects. Also under current law, DNR
administers the Clean Water Fund Program (CWFP), which provides financial
assistance to municipalities for projects to control water pollution, such as sewage
treatment plants.
Under the bill, if DNR, when ranking SDWLP or CWFP projects or determining
an applicant's eligibility for assistance under those programs, considers whether an
applicant that intends to extend service outside of municipal boundaries because of
water contamination is “small” or “disadvantaged,” DNR must determine the
applicant to be small or disadvantaged if the area receiving the extended service
would normally be determined to be small or disadvantaged, regardless of whether
the existing service area would normally be determined to be small or
disadvantaged.
Public water utility projects
Under current law, a public utility may not engage in certain construction,
expansion, or other projects unless the Public Service Commission grants a
certificate of authority (CA) for the proposed project. Under the bill, if a water public
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CA before commencing a project for which one is required, PSC may not investigate,
impose a penalty against, or bring an action to enjoin the water utility if 1) the water
utility undertook the project in response to a public health concern caused by PFAS
or an emerging contaminant, the presence of which was unknown to the water utility
until shortly before it commenced the project, and, if there is an applicable state or
federal standard for the contaminant, the contaminant exceeded or was close to
exceeding that standard; 2) the water utility submits the appropriate application
and supporting documentation to PSC no later than six months after commencing
the project; and 3) the total cost of the project is not greater than $2,000,000 or 50
percent of the utility's operating expenses for the previous year, whichever is less.
Under current law, a water utility may not change the rates that it charges to
customers without first applying to PSC for approval of the change. This bill requires
PSC to authorize a separate rate class of customers if requested by a water utility
under certain circumstances. Specifically, the bill requires this authorization with
respect to those customers to whom water or combined water and sewer utility
service was extended outside of the water utility's service territory in response to a
public health concern caused by contamination. Under the bill, PSC must authorize
higher rates for this class of customers for the purpose of financing the extension of
service. The bill requires PSC to allow the class to remain in effect for 10 years or
for the duration of any financing authorized to fund the extension of service,
whichever is longer.
Limitations on annexation and use of revenue for PFAS source reduction
measures
Under the bill, no city or village may annex territory for which water or
sewerage services have been extended beyond the city's or village's municipal
boundaries due to an immediate public health concern from an emerging
contaminant for at least three years following the completion of the extension of
services unless two-thirds of the qualified electors residing in the affected territory
vote to approve the annexation.
The bill also authorizes a municipal public utility or metropolitan sewerage
district to use revenues from its water or sewerage services for up to half of the cost
of pretreatment or other PFAS source reduction measures for an interconnected
customer or other regular customer if the costs incurred are less than the costs of the
upgrades otherwise required at the endpoint treatment facility and if the costs are
approved by the governing body of the municipality or the metropolitan sewerage
district.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 66.0224 of the statutes is created to read:1 - 6 -2023 - 2024 Legislature LRB-3260/1
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66.0224 Annexation of territory for which water or wastewater service
is extended. Notwithstanding ss. 66.0217, 66.0219, 66.0221, and 66.0223, no
territory for which water or sewerage services have been extended beyond a city's or
village's municipal boundaries due to an immediate public health concern from an
emerging contaminant may be annexed by the city or village that extended services
for a period of 3 years following the completion of the extension project unless a
number of qualified electors residing in the territory for which services have been
extended and subject to the proposed annexation equal to at least two-thirds of the
votes cast for governor in the territory at the last gubernatorial election vote to
approve the annexation.
SECTION 2. 66.0811 (4) of the statutes is created to read:
66.0811 (4) Notwithstanding subs. (2) and (3) and s. 66.0901 (11), a municipal
public utility or a metropolitan sewerage district created under ss. 200.21 to 200.65
may use funds derived from its water or sewerage services for up to half of the cost
of pretreatment or other perfluoroalkyl and polyfluoroalkyl substances source
reduction measures for an interconnected customer or other regular customer if the
costs incurred are less than the costs of the upgrades otherwise required at the
endpoint treatment facility and if the costs are approved by the governing body of the
municipality or the metropolitan sewerage district.
SECTION 3. 196.03 (7) of the statutes is created to read:
196.03 (7) At the request of a water public utility or combined water and sewer
public utility, the commission shall authorize a separate rate class of customers for
those customers to whom water or combined water and sewer utility service was
extended outside of the public utility's service territory in response to a public health
concern caused by contamination. The commission shall authorize higher rates for
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a class of customers authorized under this subsection than for other classes for the
purpose of financing the extension of service to these customers. The commission
shall allow the class of customers to remain in effect for 10 years or for the duration
of any financing authorized to fund the extension of service to these customers,
whichever is longer.
SECTION 4. 196.49 (7) of the statutes is created to read:
196.49 (7) With respect to a water public utility or a combined water and sewer
public utility, the commission may not investigate, impose a penalty against, or bring
an action to enjoin the utility for failing to obtain a certificate of authority before
commencing a project for which one is required under this section if all of the
following apply:
(a) The public utility undertook the project in response to a public health
concern caused by an emerging contaminant or by PFAS, as defined in s. 292.315 (1),
the presence of which was unknown to the public utility until shortly before it
commenced the project, and, if in response to a contaminant for which there is an
applicable state or federal standard, the contaminant exceeded or was close to
exceeding that standard.
(b) The public utility submits the appropriate application and supporting
documentation to the commission no later than 6 months after the project was
commenced.
(c) The total cost of the project is not greater than $2,000,000 or 50 percent of
the public utility's reported total operating expenses for the previous year, whichever
is less.
SECTION 5. 281.58 (8e) of the statutes is renumbered 281.58 (8e) (am).
SECTION 6. 281.58 (8e) (bm) of the statutes is created to read:
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281.58 (8e) (bm) If the department, when ranking projects under this
subsection or determining an applicant's eligibility for assistance under this section,
considers whether an applicant that intends to extend service outside of the
boundaries of a municipality because of water contamination is small or
disadvantaged, the department shall, to the extent allowable under federal law,
determine the applicant to be small or disadvantaged if the area receiving the
extended service would normally be determined to be small or disadvantaged,
regardless of whether the existing service area would normally be determined to be
small or disadvantaged.
SECTION 7. 281.61 (6) of the statutes is amended to read:
281.61 (6) PRIORITY LIST. The department shall establish a priority list that
ranks each safe drinking water loan program project. The department shall
promulgate rules for determining project rankings that, to the extent possible, give
priority to projects that address the most serious risks to human health, that are
necessary to ensure compliance with the Safe Drinking Water Act, 42 USC 300f to
300j-26, and that assist applicants that are most in need on a per household basis,
according to affordability criteria specified in the rules. For the purpose of ranking
projects under this subsection, the department shall treat a project to upgrade a
public water system to provide continuous disinfection of the water that it distributes
as if the public water system were a surface water system that federal law requires
to provide continuous disinfection. If the department, when ranking projects under
this subsection or determining an applicant's eligibility for assistance under this
section, considers whether an applicant that intends to extend service outside of the
boundaries of a local governmental unit because of water contamination is small or
disadvantaged, the department shall, to the extent allowable under federal law,
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determine the applicant to be small or disadvantaged if the area receiving the
extended service would normally be determined to be small or disadvantaged,
regardless of whether the existing service area would normally be determined to be
small or disadvantaged.
SECTION 8. 281.75 (7) (c) 2. a. of the statutes is amended to read:
281.75 (7) (c) 2. a. Equipment used for treating the water, including a filtration
device and up to 2 replacement filters;
SECTION 9. 292.315 of the statutes is created to read:
292.315 Municipal PFAS grant program. (1) DEFINITION. In this section,
“PFAS” means perfluorooctanesulfonic acid (PFOS), perfluorooctanoic acid (PFOA),
perfluorohexanesulfonic acid (PFHxS), perfluorononanoic acid (PFNA),
perfluoroheptanoic acid (PFHpA), perfluorodecanoic acid (PFDA), and any other
perfluoroalkyl or polyfluoroalkyl substance for which a standard has been
promulgated under state or federal law.
(2) GRANTS. The department shall provide all of the following grants:
(a) Grants, provided in equal shares, to municipalities to test for PFAS levels
at municipal water systems and municipal wastewater treatment facilities, or to
reimburse municipalities for PFAS testing performed after applicable standards for
the chemical being tested have been promulgated. The department may not require
the recipient of a grant under this paragraph to submit an application for a grant or
provide any matching funds.
(b) Grants, provided in equal shares not to exceed $1,800, to entities that are
not municipalities and that are regulated as public water systems for the entity to
test its drinking water supply for PFAS if required to do so by the department, or for
reimbursement to the entity for PFAS testing performed after applicable standards
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for the chemical being tested have been promulgated. An entity that is not a
municipality may apply to the department one time for a grant under this paragraph,
by a deadline set by the department. The department may not require the recipient
of a grant under this paragraph to provide any matching funds.
(c) Grants to municipalities to test for PFAS levels at locations that are owned
or managed by a municipality and where PFAS may be present, including airports,
water systems, wastewater treatment facilities, or contaminated lands. The
department may not provide a grant under this paragraph to test for PFAS in a water
system or wastewater treatment facility if the applicant has received a grant under
par. (a), unless the applicant demonstrates that it has used all of the grant funds
provided to it under par. (a). The department shall accept applications for grants and
provide grants under this paragraph on a rolling basis. The department may not
require the recipient of a grant under this paragraph to provide matching funds in
an amount greater than 20 percent of the amount of the grant.
(d) Grants to municipalities to dispose of PFAS-containing biosolids at
facilities that accept such biosolids. The department may not require the recipient
of a grant under this paragraph to provide matching funds in an amount greater than
20 percent of the amount of the grant.
(e) Grants for capital costs or debt service, including for facility upgrades or
new infrastructure, to municipalities that are small or disadvantaged or in which
rates for water or wastewater utilities will increase by more than 20 percent as a
direct result of steps taken to address PFAS contamination. A grant provided under
this paragraph may not exceed 50 percent of the municipality's capital or debt service
costs. The department shall accept applications for grants and provide grants under
this paragraph on a rolling basis.
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(f) Grants to municipalities for capital costs or other costs related to PFAS that
are not otherwise paid from the environmental improvement fund, including costs
for addressing applicant-owned contaminated lands or costs incurred by fire
departments, including to replace PFAS-containing fire fighting foam. The
department may not require the recipient of a grant under this paragraph to provide
matching funds in an amount greater than 20 percent of the amount of the grant.
The department shall accept applications for grants and provide grants under this
paragraph on a rolling basis.
(3) LIMITATIONS. (a) The department may not require the recipient of a grant
under sub. (2) to take action to address PFAS contamination unless testing
determines that PFAS levels exceed any applicable limit under state or federal law
or unless another applicable state or federal law allows the department to require
the grant recipient to take action.
(b) The department may not publicly disclose the results of any PFAS testing
conducted under this section unless the department notifies the grant recipient at
least 72 hours before publicly disclosing any test result.
SECTION 10. 292.32 of the statutes is created to read:
292.32 Limitations on department actions relating to PF AS. (1)
DEFINITIONS. In this section:
(a) “Brownfield property” means abandoned, idle, or underused industrial or
commercial facilities or sites, the expansion or redevelopment of which is adversely
affected by actual or perceived environmental contamination.
(b) “PFAS” has the meaning given in s. 292.315 (1).
(c) “Public works” means the physical structures and facilities developed or
acquired by a local unit of government or a federally recognized American Indian
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tribe or band in this state to provide services and functions for the benefit and use
of the public, including water, sewerage, waste disposal, utilities, and
transportation.
(2) BROWNFIELDS. The department may not require the owner of a brownfield
property to conduct testing for the presence of PFAS unless the department has
information that reasonably supports the belief that the property previously had a
substantial amount of uncontained PFAS.
(3) CONSTRUCTION PROJECTS. The department may not prevent, delay, or
otherwise impede any construction project or project of public works on the basis of
a presence of PFAS contamination unless the department determines any of the
following:
(a) The project poses a measurable risk to public health or welfare.
(b) There is a substantial risk that the project would lead to worsening
environmental conditions.
(c) The entity proposing to complete the project is, as a result of negligence,
responsible for the original contamination.
(4) PFAS TESTING. In conducting testing for PFAS, the department shall comply
with all of the following:
(a) The department may not collect samples from lands not owned by the state
without written permission from the landowner to collect samples, to test those
samples, and to publicly disclose the results of that testing.
(b) The department may not publicly disclose the results of any PFAS testing
conducted on samples taken from lands not owned by the state unless the
department notifies the landowner of the test results at least 72 hours before publicly
disclosing the test results.
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(c) The department may not take any enforcement action based on the results
of any PFAS testing conducted on samples taken from lands not owned by the state
unless that testing determines that PFAS levels exceed any applicable limit under
state or federal law or another applicable state or federal law requires the
department to take enforcement action against the landowner.
(d) The department shall respond to requests from any person to conduct PFAS
testing on samples taken from the person's property if funds are available to do so,
if there is a reasonable belief that PFAS contamination may be present on the
property, and if existing information such as public water supply testing data is not
available.
SECTION 11.0Nonstatutory provisions.
(1) PORTABLE TREATMENT SYSTEM PILOT. The department of natural resources
shall contract with an entity to conduct a pilot project in which surface water is
partially or fully diverted to a portable treatment system and treated water is
returned to the surface water. Project activities under this subsection shall be
conducted at locations with surface water with the highest concentration of
perfluoroalkyl or polyfluoroalkyl substances and where a responsible party has not
been identified or the responsible party is unable to pay for remediation. The
department of natural resources and the entity contracted under this subsection
shall evaluate the success of the pilot project by conducting tests upstream and
downstream of the locations where the portable treatment system is used.
(2) REMEDIAL ACTION AT SITES CONTAMINATED BY PFAS. The department of
natural resources shall begin response and remedial actions at any site
contaminated by perfluoroalkyl or polyfluoroalkyl substances where a responsible
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party has not been identified or the responsible party is unable to pay for
remediation.
(3) PFAS TESTING COST REDUCTION. The department of natural resources and the
Board of Regents of the University of Wisconsin System shall enter into a
memorandum of understanding to jointly ensure that the state laboratory of hygiene
reduces the costs of conducting testing for perfluoroalkyl or polyfluoroalkyl
substances by at least 10 percent on or before the first day of the 25th month after
the effective date of this subsection. The state laboratory of hygiene shall prepare
a report on its efforts to reduce the cost of testing for perfluoroalkyl or polyfluoroalkyl
substances and the timeline for receiving testing results. The state laboratory of
hygiene shall deliver the report required under this subsection to the joint committee
on finance and the standing committees with jurisdiction over natural resources and
the environment no later than August 31, 2025.
(4) INNOCENT LANDOWNER GRANT PROGRAM. The department of natural resources
shall provide a grant to any person who owns property that is contaminated by
perfluoroalkyl or polyfluoroalkyl substances and the person has not been identified
as the responsible party for the contamination. Grants under this subsection may
be used to cover costs associated with additional testing; environmental studies;
engineering reports; clean drinking water supplies, including temporary potable
water, filtration, or well replacement; remediation costs; legal fees; and any other
cost resulting from land spreading of contaminated biosolids by other parties,
detection of groundwater contamination, or other contamination events affecting the
property. The department of natural resources shall accept applications for grants
and award grants under this subsection on an ongoing basis. Grants awarded under
this subsection may not exceed $250,000. The department of natural resources may
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require the recipient of a grant under this subsection to provide matching funds in
an amount greater than 20 percent of the amount of the grant.
(5) PFAS STUDIES AND REPORTING. (a) In this subsection, “PFAS” means
perfluorooctanesulfonic acid (PFOS), perfluorooctanoic acid (PFOA),
perfluorohexanesulfonic acid (PFHxS), perfluorononanoic acid (PFNA),
perfluoroheptanoic acid (PFHpA), perfluorodecanoic acid (PFDA), and any other
perfluoroalkyl or polyfluoroalkyl substance for which a standard has been
promulgated under state or federal law.
(b) The department of natural resources and the Board of Regents of the
University of Wisconsin System shall enter into a memorandum of understanding
to jointly do all of the following, with the assistance of other University of Wisconsin
institutions, the department of natural resources, other relevant state agencies,
county land and water conservation departments, and other local 3rd parties, if
available:
1. Study and analyze the cost, feasibility, and effectiveness of different methods
of treating PFAS before they are released into a water system or water body.
2. Conduct a cost-benefit analysis of different options for disposing of biosolids
or sludge that contains or may contain PFAS.
3. Study and analyze the cost, feasibility, and effectiveness of different
destruction and disposal methods for PFAS.
4. Study and analyze the migration of PFAS into the bay of Green Bay,
including where the PFAS are entering the bay and what effects PFAS may have in
the bay.
5. Create a comprehensive, interactive map showing all available PFAS testing
data and whether each data point on the map exceeds any applicable state or federal
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standard for PFAS. Such data may not contain any personally identifiable
information unless the entity to which the data applies is required to test and
disclose its results under state or federal law.
(c) The Board of Regents of the University of Wisconsin System shall require
the University of Wisconsin-Madison division of extension to provide the map and
reports on the studies required under this subsection to the joint committee on
finance and the standing committees with jurisdiction over natural resources and
the environment no later than 2 years after the effective date of this paragraph.
(6) REPORTS TO LEGISLATURE ON PROGRESS UNDER THIS ACT. For a period of 3 years
after the effective date of this subsection, the department of natural resources shall,
every 6 months, submit a report to the join committee on finance and the to the
standing committees with jurisdiction over natural resources and the environment.
The first report under this subsection shall be submitted no later than 6 months after
the effective date of this subsection. The report shall include a detailed description
of the department's expenditures under this act and a detailed description of the
department's progress in implementing the provisions of this act.
(7) PFAS TESTING. In the 2023-25 fiscal biennium, the department of natural
resources shall conduct additional PFAS testing activities.
(8) FIRE FIGHTING FOAM. The department of natural resources shall survey or
resurvey local fire departments about their use and possession of PFAS-containing
fire fighting foam, send communications and information regarding such foam, and
contract with a 3rd party to collect such foam.
(END)
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