Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB312 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 312
5	5	June 9, 2023 - Introduced by Representatives MURSAU, SWEARINGEN, BEHNKE,
6	6	BINSFELD, DITTRICH, DONOVAN, GREEN, KITCHENS, MOSES, O'CONNOR, SNYDER,
7	7	SPIROS, STEFFEN, SUMMERFIELD, WITTKE and GOEBEN, cosponsored by Senators
8	8	WIMBERGER, COWLES, BALLWEG, CABRAL-GUEVARA, FELZKOWSKI, FEYEN, NASS
9	9	and QUINN. Referred to Committee on Environment.
10	10	*AUTHORS SUBJECT TO CHANGE*
11	11	AN ACT to renumber 281.58 (8e); to amend 281.61 (6) and 281.75 (7) (c) 2. a.;
12	12	and to create 66.0224, 66.0811 (4), 196.03 (7), 196.49 (7), 281.58 (8e) (bm),
13	13	292.315 and 292.32 of the statutes; relating to: programs and requirements
14	14	to address perfluoroalkyl and polyfluoroalkyl substances.
15	15	Analysis by the Legislative Reference Bureau
16	16	This bill creates several new programs and requirements relating to PFAS,
17	17	which is defined in the bill to mean perfluorooctanesulfonic acid (PFOS),
18	18	perfluorooctanoic acid (PFOA), perfluorohexanesulfonic acid (PFHxS),
19	19	perfluorononanoic acid (PFNA), perfluoroheptanoic acid (PFHpA),
20	20	perfluorodecanoic acid (PFDA), and any other perfluoroalkyl or polyfluoroalkyl
21	21	substance for which a standard has been promulgated under state or federal law.
22	22	Municipal PFAS grant program
23	23	The bill requires the Department of Natural Resources to create a municipal
24	24	PFAS grant program to provide all of the following grants:
25	25	1. Grants to municipalities (defined under current law as a city, town, village,
26	26	county, county utility district, town sanitary district, public inland lake protection
27	27	and rehabilitation district, or metropolitan sewage district), distributed in equal
28	28	shares, for PFAS testing at municipal water systems and municipal wastewater
29	29	treatment facilities, or for reimbursement for such testing.
30	30	2. Grants to nonmunicipal entities regulated as public water systems,
31	31	distributed in equal shares up to $1,800, to test their drinking water supply for
32	32	PFAS, if required to do so by DNR, or for reimbursement for such testing.
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39	39	3. Grants to municipalities to test for PFAS levels at municipally owned or
40	40	managed locations where PFAS may be present. These grants are not available to
41	41	municipalities that receive a grant under this program to test for PFAS at municipal
42	42	water systems and municipal wastewater treatment facilities. These grants require
43	43	matching funds of up to 20 percent from the applicant.
44	44	4. Grants to municipalities to dispose of PFAS-containing biosolids at facilities
45	45	that accept such biosolids. These grants require matching funds of up to 20 percent
46	46	from the applicant.
47	47	5. Grants for capital costs or debt service, including for facility upgrades or new
48	48	infrastructure, to municipalities that are small or disadvantaged or in which rates
49	49	for water or wastewater utilities will increase by more than 20 percent as a direct
50	50	result of steps taken to address PFAS contamination.
51	51	6. Grants to municipalities for capital costs or other costs related to PFAS that
52	52	are not otherwise paid from the segregated environmental improvement fund,
53	53	including costs for addressing applicant-owned contaminated lands or costs
54	54	incurred by fire departments. These grants require matching funds of up to 20
55	55	percent from the applicant.
56	56	For all of the grants provided under the municipal PFAS grant program, DNR
57	57	may not require a grant recipient to take any action to address PFAS unless PFAS
58	58	levels exceed any existing standard under state or federal law or unless state or
59	59	federal law otherwise allows DNR to require the grant recipient to take action. The
60	60	bill also prohibits DNR from publicly disclosing the results of any PFAS testing
61	61	conducted under this grant program unless DNR notifies the grant recipient at least
62	62	72 hours before publicly disclosing any test result.
63	63	Innocent landowner grant program
64	64	The bill also requires DNR to provide grants to persons that own property with
65	65	PFAS contamination that is not known to be the responsibility of the person. The
66	66	total amount of grants awarded may not exceed $250,000 and DNR may require
67	67	grant recipients to provide matching funds of not more than 20 percent of the grant
68	68	amount.
69	69	Limitations on DNR actions relating to PFAS
70	70	Under the bill, DNR may not require the owner of a brownfield property to test
71	71	for PFAS unless DNR has information that the property previously had a substantial
72	72	amount of uncontained PFAS. “Brownfield property” is defined to mean abandoned,
73	73	idle, or underused industrial or commercial facilities or sites, the expansion or
74	74	redevelopment of which is adversely affected by actual or perceived environmental
75	75	contamination.
76	76	Under the bill, DNR may not prevent, delay, or otherwise impede any
77	77	development project or project of public works based on a presence of PFAS
78	78	contamination unless DNR determines that 1) the project poses a measurable risk
79	79	to public health or welfare, 2) there is a substantial risk that the project would lead
80	80	to worsening environmental conditions, or 3) the entity proposing to complete the
81	81	project is, as a result of negligence, responsible for the original contamination.
82	82	“Public works” is defined to mean the physical structures and facilities developed or
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87	87	tribe or band in this state to provide services and functions for the benefit and use
88	88	of the public, including water, sewerage, waste disposal, utilities, and
89	89	transportation.
90	90	In addition, under the bill, when testing for PFAS, DNR may not collect samples
91	91	from lands not owned by the state without written permission from the landowner
92	92	to collect samples, to test those samples, and to publicly disclose the results of that
93	93	testing. DNR also may not publicly disclose such PFAS testing results unless it
94	94	notifies the landowner of the test results at least 72 hours before publicly disclosing
95	95	them. In addition, DNR may not take any enforcement action against a landowner
96	96	based on the results of any PFAS testing conducted on samples taken from lands not
97	97	owned by the state unless PFAS levels exceed any applicable limit under state or
98	98	federal law or another applicable state or federal law requires DNR to take
99	99	enforcement action. In addition, DNR must respond to requests from any person to
100	100	conduct PFAS testing on samples taken from the person's property if funds are
101	101	available to do so, if there is a reasonable belief that PFAS contamination may be
102	102	present on the property, and if existing information such as public water supply
103	103	testing data is not available.
104	104	The bill also requires DNR, in the 2023-25 fiscal biennium, to increase its PFAS
105	105	testing activities.
106	106	Fire fighting foam
107	107	The bill requires DNR to survey or resurvey local fire departments about their
108	108	use and possession of PFAS-containing fire fighting foam, send communications and
109	109	information, and contract with a third party to collect PFAS-containing firefighting
110	110	foam.
111	111	Well compensation grant program
112	112	Under current law, an individual owner or renter of a contaminated private
113	113	well, subject to eligibility requirements, may apply for a grant from DNR to cover a
114	114	portion of the costs to treat the water, reconstruct the well, construct a new well,
115	115	connect to a public water supply, or fill and seal the well. The bill provides that a
116	116	grant for costs to treat the water may be used to cover the cost of a filtration device
117	117	and up to two replacement filters.
118	118	Portable water treatment system pilot project
119	119	The bill requires DNR to contract with an entity to conduct a pilot project in
120	120	which PFAS-contaminated surface water is partially or fully diverted to a portable
121	121	treatment system and treated water is returned to the surface water. DNR and the
122	122	entity must conduct tests to evaluate the success of the pilot project.
123	123	Remedial action at sites contaminates by PFAS
124	124	The bill requires DNR to begin response and remedial actions at any
125	125	PFAS-contaminated site where a responsible party has not been identified or the
126	126	responsible party is unable to pay for remediation.
127	127	Reduction of PFAS testing costs
128	128	The bill requires DNR and the Board of Regents of the University of Wisconsin
129	129	System to enter into a memorandum of understanding to ensure that the state
130	130	laboratory of hygiene reduces the costs of conducting testing for PFAS by at least 10 - 4 -2023 - 2024 Legislature LRB-3260/1
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133	133	percent within two years. The bill requires the state laboratory of hygiene to prepare
134	134	a report on its efforts to reduce the cost of PFAS testing and the timeline for receiving
135	135	testing results.
136	136	PFAS studies and reporting
137	137	The bill requires DNR and the Board of Regents of the University of Wisconsin
138	138	System to enter into a memorandum of understanding to 1) study and analyze the
139	139	cost, feasibility, and effectiveness of different methods of treating PFAS before they
140	140	are released into a water system or water body; 2) conduct a cost-benefit analysis of
141	141	different options for disposing of biosolids or sludge that contains or may contain
142	142	PFAS; 3) study and analyze the cost, feasibility, and effectiveness of different
143	143	destruction and disposal methods for PFAS; 4) study and analyze the migration of
144	144	PFAS into the bay of Green Bay; and 5) create a comprehensive, interactive map
145	145	showing all available PFAS testing data and, for each data point, whether it exceeds
146	146	any applicable state or federal standard for PFAS. Such data may not contain any
147	147	personally identifiable information unless the entity to which the data applies is
148	148	required to test and disclose its results under state or federal law.
149	149	DNR reporting requirements
150	150	The bill requires DNR to report to the legislature once every six months for a
151	151	period of three-years to provide a detailed description of DNR's expenditures under
152	152	the bill and a detailed description of DNR's progress in implementing the provisions
153	153	of the bill.
154	154	Clean water fund program and safe drinking water loan program
155	155	Under current law, the Department of Administration and DNR administer the
156	156	Safe Drinking Water Loan Program (SDWLP), which provides financial assistance
157	157	to municipalities, and to the private owners of community water systems that serve
158	158	municipalities, for projects that will help the municipalities comply with federal
159	159	drinking water standards. DNR establishes a funding priority list for SDWLP
160	160	projects, and DOA allocates funding for those projects. Also under current law, DNR
161	161	administers the Clean Water Fund Program (CWFP), which provides financial
162	162	assistance to municipalities for projects to control water pollution, such as sewage
163	163	treatment plants.
164	164	Under the bill, if DNR, when ranking SDWLP or CWFP projects or determining
165	165	an applicant's eligibility for assistance under those programs, considers whether an
166	166	applicant that intends to extend service outside of municipal boundaries because of
167	167	water contamination is “small” or “disadvantaged,” DNR must determine the
168	168	applicant to be small or disadvantaged if the area receiving the extended service
169	169	would normally be determined to be small or disadvantaged, regardless of whether
170	170	the existing service area would normally be determined to be small or
171	171	disadvantaged.
172	172	Public water utility projects
173	173	Under current law, a public utility may not engage in certain construction,
174	174	expansion, or other projects unless the Public Service Commission grants a
175	175	certificate of authority (CA) for the proposed project. Under the bill, if a water public
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180	180	CA before commencing a project for which one is required, PSC may not investigate,
181	181	impose a penalty against, or bring an action to enjoin the water utility if 1) the water
182	182	utility undertook the project in response to a public health concern caused by PFAS
183	183	or an emerging contaminant, the presence of which was unknown to the water utility
184	184	until shortly before it commenced the project, and, if there is an applicable state or
185	185	federal standard for the contaminant, the contaminant exceeded or was close to
186	186	exceeding that standard; 2) the water utility submits the appropriate application
187	187	and supporting documentation to PSC no later than six months after commencing
188	188	the project; and 3) the total cost of the project is not greater than $2,000,000 or 50
189	189	percent of the utility's operating expenses for the previous year, whichever is less.
190	190	Under current law, a water utility may not change the rates that it charges to
191	191	customers without first applying to PSC for approval of the change. This bill requires
192	192	PSC to authorize a separate rate class of customers if requested by a water utility
193	193	under certain circumstances. Specifically, the bill requires this authorization with
194	194	respect to those customers to whom water or combined water and sewer utility
195	195	service was extended outside of the water utility's service territory in response to a
196	196	public health concern caused by contamination. Under the bill, PSC must authorize
197	197	higher rates for this class of customers for the purpose of financing the extension of
198	198	service. The bill requires PSC to allow the class to remain in effect for 10 years or
199	199	for the duration of any financing authorized to fund the extension of service,
200	200	whichever is longer.
201	201	Limitations on annexation and use of revenue for PFAS source reduction
202	202	measures
203	203	Under the bill, no city or village may annex territory for which water or
204	204	sewerage services have been extended beyond the city's or village's municipal
205	205	boundaries due to an immediate public health concern from an emerging
206	206	contaminant for at least three years following the completion of the extension of
207	207	services unless two-thirds of the qualified electors residing in the affected territory
208	208	vote to approve the annexation.
209	209	The bill also authorizes a municipal public utility or metropolitan sewerage
210	210	district to use revenues from its water or sewerage services for up to half of the cost
211	211	of pretreatment or other PFAS source reduction measures for an interconnected
212	212	customer or other regular customer if the costs incurred are less than the costs of the
213	213	upgrades otherwise required at the endpoint treatment facility and if the costs are
214	214	approved by the governing body of the municipality or the metropolitan sewerage
215	215	district.
216	216	The people of the state of Wisconsin, represented in senate and assembly, do
217	217	enact as follows:
218	218	SECTION 1. 66.0224 of the statutes is created to read:1 - 6 -2023 - 2024 Legislature LRB-3260/1
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220	220	SECTION 1 ASSEMBLY BILL 312
221	221	66.0224 Annexation of territory for which water or wastewater service
222	222	is extended. Notwithstanding ss. 66.0217, 66.0219, 66.0221, and 66.0223, no
223	223	territory for which water or sewerage services have been extended beyond a city's or
224	224	village's municipal boundaries due to an immediate public health concern from an
225	225	emerging contaminant may be annexed by the city or village that extended services
226	226	for a period of 3 years following the completion of the extension project unless a
227	227	number of qualified electors residing in the territory for which services have been
228	228	extended and subject to the proposed annexation equal to at least two-thirds of the
229	229	votes cast for governor in the territory at the last gubernatorial election vote to
230	230	approve the annexation.
231	231	SECTION 2. 66.0811 (4) of the statutes is created to read:
232	232	66.0811 (4) Notwithstanding subs. (2) and (3) and s. 66.0901 (11), a municipal
233	233	public utility or a metropolitan sewerage district created under ss. 200.21 to 200.65
234	234	may use funds derived from its water or sewerage services for up to half of the cost
235	235	of pretreatment or other perfluoroalkyl and polyfluoroalkyl substances source
236	236	reduction measures for an interconnected customer or other regular customer if the
237	237	costs incurred are less than the costs of the upgrades otherwise required at the
238	238	endpoint treatment facility and if the costs are approved by the governing body of the
239	239	municipality or the metropolitan sewerage district.
240	240	SECTION 3. 196.03 (7) of the statutes is created to read:
241	241	196.03 (7) At the request of a water public utility or combined water and sewer
242	242	public utility, the commission shall authorize a separate rate class of customers for
243	243	those customers to whom water or combined water and sewer utility service was
244	244	extended outside of the public utility's service territory in response to a public health
245	245	concern caused by contamination. The commission shall authorize higher rates for
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275	275	a class of customers authorized under this subsection than for other classes for the
276	276	purpose of financing the extension of service to these customers. The commission
277	277	shall allow the class of customers to remain in effect for 10 years or for the duration
278	278	of any financing authorized to fund the extension of service to these customers,
279	279	whichever is longer.
280	280	SECTION 4. 196.49 (7) of the statutes is created to read:
281	281	196.49 (7) With respect to a water public utility or a combined water and sewer
282	282	public utility, the commission may not investigate, impose a penalty against, or bring
283	283	an action to enjoin the utility for failing to obtain a certificate of authority before
284	284	commencing a project for which one is required under this section if all of the
285	285	following apply:
286	286	(a) The public utility undertook the project in response to a public health
287	287	concern caused by an emerging contaminant or by PFAS, as defined in s. 292.315 (1),
288	288	the presence of which was unknown to the public utility until shortly before it
289	289	commenced the project, and, if in response to a contaminant for which there is an
290	290	applicable state or federal standard, the contaminant exceeded or was close to
291	291	exceeding that standard.
292	292	(b) The public utility submits the appropriate application and supporting
293	293	documentation to the commission no later than 6 months after the project was
294	294	commenced.
295	295	(c) The total cost of the project is not greater than $2,000,000 or 50 percent of
296	296	the public utility's reported total operating expenses for the previous year, whichever
297	297	is less.
298	298	SECTION 5. 281.58 (8e) of the statutes is renumbered 281.58 (8e) (am).
299	299	SECTION 6. 281.58 (8e) (bm) of the statutes is created to read:
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326	326	SECTION 6 ASSEMBLY BILL 312
327	327	281.58 (8e) (bm) If the department, when ranking projects under this
328	328	subsection or determining an applicant's eligibility for assistance under this section,
329	329	considers whether an applicant that intends to extend service outside of the
330	330	boundaries of a municipality because of water contamination is small or
331	331	disadvantaged, the department shall, to the extent allowable under federal law,
332	332	determine the applicant to be small or disadvantaged if the area receiving the
333	333	extended service would normally be determined to be small or disadvantaged,
334	334	regardless of whether the existing service area would normally be determined to be
335	335	small or disadvantaged.
336	336	SECTION 7. 281.61 (6) of the statutes is amended to read:
337	337	281.61 (6) PRIORITY LIST. The department shall establish a priority list that
338	338	ranks each safe drinking water loan program project. The department shall
339	339	promulgate rules for determining project rankings that, to the extent possible, give
340	340	priority to projects that address the most serious risks to human health, that are
341	341	necessary to ensure compliance with the Safe Drinking Water Act, 42 USC 300f to
342	342	300j-26, and that assist applicants that are most in need on a per household basis,
343	343	according to affordability criteria specified in the rules. For the purpose of ranking
344	344	projects under this subsection, the department shall treat a project to upgrade a
345	345	public water system to provide continuous disinfection of the water that it distributes
346	346	as if the public water system were a surface water system that federal law requires
347	347	to provide continuous disinfection. If the department, when ranking projects under
348	348	this subsection or determining an applicant's eligibility for assistance under this
349	349	section, considers whether an applicant that intends to extend service outside of the
350	350	boundaries of a local governmental unit because of water contamination is small or
351	351	disadvantaged, the department shall, to the extent allowable under federal law,
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381	381	determine the applicant to be small or disadvantaged if the area receiving the
382	382	extended service would normally be determined to be small or disadvantaged,
383	383	regardless of whether the existing service area would normally be determined to be
384	384	small or disadvantaged.
385	385	SECTION 8. 281.75 (7) (c) 2. a. of the statutes is amended to read:
386	386	281.75 (7) (c) 2. a. Equipment used for treating the water, including a filtration
387	387	device and up to 2 replacement filters;
388	388	SECTION 9. 292.315 of the statutes is created to read:
389	389	292.315 Municipal PFAS grant program. (1) DEFINITION. In this section,
390	390	“PFAS” means perfluorooctanesulfonic acid (PFOS), perfluorooctanoic acid (PFOA),
391	391	perfluorohexanesulfonic acid (PFHxS), perfluorononanoic acid (PFNA),
392	392	perfluoroheptanoic acid (PFHpA), perfluorodecanoic acid (PFDA), and any other
393	393	perfluoroalkyl or polyfluoroalkyl substance for which a standard has been
394	394	promulgated under state or federal law.
395	395	(2) GRANTS. The department shall provide all of the following grants:
396	396	(a) Grants, provided in equal shares, to municipalities to test for PFAS levels
397	397	at municipal water systems and municipal wastewater treatment facilities, or to
398	398	reimburse municipalities for PFAS testing performed after applicable standards for
399	399	the chemical being tested have been promulgated. The department may not require
400	400	the recipient of a grant under this paragraph to submit an application for a grant or
401	401	provide any matching funds.
402	402	(b) Grants, provided in equal shares not to exceed $1,800, to entities that are
403	403	not municipalities and that are regulated as public water systems for the entity to
404	404	test its drinking water supply for PFAS if required to do so by the department, or for
405	405	reimbursement to the entity for PFAS testing performed after applicable standards
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433	433	for the chemical being tested have been promulgated. An entity that is not a
434	434	municipality may apply to the department one time for a grant under this paragraph,
435	435	by a deadline set by the department. The department may not require the recipient
436	436	of a grant under this paragraph to provide any matching funds.
437	437	(c) Grants to municipalities to test for PFAS levels at locations that are owned
438	438	or managed by a municipality and where PFAS may be present, including airports,
439	439	water systems, wastewater treatment facilities, or contaminated lands. The
440	440	department may not provide a grant under this paragraph to test for PFAS in a water
441	441	system or wastewater treatment facility if the applicant has received a grant under
442	442	par. (a), unless the applicant demonstrates that it has used all of the grant funds
443	443	provided to it under par. (a). The department shall accept applications for grants and
444	444	provide grants under this paragraph on a rolling basis. The department may not
445	445	require the recipient of a grant under this paragraph to provide matching funds in
446	446	an amount greater than 20 percent of the amount of the grant.
447	447	(d) Grants to municipalities to dispose of PFAS-containing biosolids at
448	448	facilities that accept such biosolids. The department may not require the recipient
449	449	of a grant under this paragraph to provide matching funds in an amount greater than
450	450	20 percent of the amount of the grant.
451	451	(e) Grants for capital costs or debt service, including for facility upgrades or
452	452	new infrastructure, to municipalities that are small or disadvantaged or in which
453	453	rates for water or wastewater utilities will increase by more than 20 percent as a
454	454	direct result of steps taken to address PFAS contamination. A grant provided under
455	455	this paragraph may not exceed 50 percent of the municipality's capital or debt service
456	456	costs. The department shall accept applications for grants and provide grants under
457	457	this paragraph on a rolling basis.
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485	485	SECTION 9
486	486	ASSEMBLY BILL 312
487	487	(f) Grants to municipalities for capital costs or other costs related to PFAS that
488	488	are not otherwise paid from the environmental improvement fund, including costs
489	489	for addressing applicant-owned contaminated lands or costs incurred by fire
490	490	departments, including to replace PFAS-containing fire fighting foam. The
491	491	department may not require the recipient of a grant under this paragraph to provide
492	492	matching funds in an amount greater than 20 percent of the amount of the grant.
493	493	The department shall accept applications for grants and provide grants under this
494	494	paragraph on a rolling basis.
495	495	(3) LIMITATIONS. (a) The department may not require the recipient of a grant
496	496	under sub. (2) to take action to address PFAS contamination unless testing
497	497	determines that PFAS levels exceed any applicable limit under state or federal law
498	498	or unless another applicable state or federal law allows the department to require
499	499	the grant recipient to take action.
500	500	(b) The department may not publicly disclose the results of any PFAS testing
501	501	conducted under this section unless the department notifies the grant recipient at
502	502	least 72 hours before publicly disclosing any test result.
503	503	SECTION 10. 292.32 of the statutes is created to read:
504	504	292.32 Limitations on department actions relating to PF AS. (1)
505	505	DEFINITIONS. In this section:
506	506	(a) “Brownfield property” means abandoned, idle, or underused industrial or
507	507	commercial facilities or sites, the expansion or redevelopment of which is adversely
508	508	affected by actual or perceived environmental contamination.
509	509	(b) “PFAS” has the meaning given in s. 292.315 (1).
510	510	(c) “Public works” means the physical structures and facilities developed or
511	511	acquired by a local unit of government or a federally recognized American Indian
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538	538	SECTION 10 ASSEMBLY BILL 312
539	539	tribe or band in this state to provide services and functions for the benefit and use
540	540	of the public, including water, sewerage, waste disposal, utilities, and
541	541	transportation.
542	542	(2) BROWNFIELDS. The department may not require the owner of a brownfield
543	543	property to conduct testing for the presence of PFAS unless the department has
544	544	information that reasonably supports the belief that the property previously had a
545	545	substantial amount of uncontained PFAS.
546	546	(3) CONSTRUCTION PROJECTS. The department may not prevent, delay, or
547	547	otherwise impede any construction project or project of public works on the basis of
548	548	a presence of PFAS contamination unless the department determines any of the
549	549	following:
550	550	(a) The project poses a measurable risk to public health or welfare.
551	551	(b) There is a substantial risk that the project would lead to worsening
552	552	environmental conditions.
553	553	(c) The entity proposing to complete the project is, as a result of negligence,
554	554	responsible for the original contamination.
555	555	(4) PFAS TESTING. In conducting testing for PFAS, the department shall comply
556	556	with all of the following:
557	557	(a) The department may not collect samples from lands not owned by the state
558	558	without written permission from the landowner to collect samples, to test those
559	559	samples, and to publicly disclose the results of that testing.
560	560	(b) The department may not publicly disclose the results of any PFAS testing
561	561	conducted on samples taken from lands not owned by the state unless the
562	562	department notifies the landowner of the test results at least 72 hours before publicly
563	563	disclosing the test results.
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590	590	MP/ZW/ES/SWB:skw&cjs
591	591	SECTION 10
592	592	ASSEMBLY BILL 312
593	593	(c) The department may not take any enforcement action based on the results
594	594	of any PFAS testing conducted on samples taken from lands not owned by the state
595	595	unless that testing determines that PFAS levels exceed any applicable limit under
596	596	state or federal law or another applicable state or federal law requires the
597	597	department to take enforcement action against the landowner.
598	598	(d) The department shall respond to requests from any person to conduct PFAS
599	599	testing on samples taken from the person's property if funds are available to do so,
600	600	if there is a reasonable belief that PFAS contamination may be present on the
601	601	property, and if existing information such as public water supply testing data is not
602	602	available.
603	603	SECTION 11.0Nonstatutory provisions.
604	604	(1) PORTABLE TREATMENT SYSTEM PILOT. The department of natural resources
605	605	shall contract with an entity to conduct a pilot project in which surface water is
606	606	partially or fully diverted to a portable treatment system and treated water is
607	607	returned to the surface water. Project activities under this subsection shall be
608	608	conducted at locations with surface water with the highest concentration of
609	609	perfluoroalkyl or polyfluoroalkyl substances and where a responsible party has not
610	610	been identified or the responsible party is unable to pay for remediation. The
611	611	department of natural resources and the entity contracted under this subsection
612	612	shall evaluate the success of the pilot project by conducting tests upstream and
613	613	downstream of the locations where the portable treatment system is used.
614	614	(2) REMEDIAL ACTION AT SITES CONTAMINATED BY PFAS. The department of
615	615	natural resources shall begin response and remedial actions at any site
616	616	contaminated by perfluoroalkyl or polyfluoroalkyl substances where a responsible
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642	642	SECTION 11 ASSEMBLY BILL 312
643	643	party has not been identified or the responsible party is unable to pay for
644	644	remediation.
645	645	(3) PFAS TESTING COST REDUCTION. The department of natural resources and the
646	646	Board of Regents of the University of Wisconsin System shall enter into a
647	647	memorandum of understanding to jointly ensure that the state laboratory of hygiene
648	648	reduces the costs of conducting testing for perfluoroalkyl or polyfluoroalkyl
649	649	substances by at least 10 percent on or before the first day of the 25th month after
650	650	the effective date of this subsection. The state laboratory of hygiene shall prepare
651	651	a report on its efforts to reduce the cost of testing for perfluoroalkyl or polyfluoroalkyl
652	652	substances and the timeline for receiving testing results. The state laboratory of
653	653	hygiene shall deliver the report required under this subsection to the joint committee
654	654	on finance and the standing committees with jurisdiction over natural resources and
655	655	the environment no later than August 31, 2025.
656	656	(4) INNOCENT LANDOWNER GRANT PROGRAM. The department of natural resources
657	657	shall provide a grant to any person who owns property that is contaminated by
658	658	perfluoroalkyl or polyfluoroalkyl substances and the person has not been identified
659	659	as the responsible party for the contamination. Grants under this subsection may
660	660	be used to cover costs associated with additional testing; environmental studies;
661	661	engineering reports; clean drinking water supplies, including temporary potable
662	662	water, filtration, or well replacement; remediation costs; legal fees; and any other
663	663	cost resulting from land spreading of contaminated biosolids by other parties,
664	664	detection of groundwater contamination, or other contamination events affecting the
665	665	property. The department of natural resources shall accept applications for grants
666	666	and award grants under this subsection on an ongoing basis. Grants awarded under
667	667	this subsection may not exceed $250,000. The department of natural resources may
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694	694	MP/ZW/ES/SWB:skw&cjs
695	695	SECTION 11
696	696	ASSEMBLY BILL 312
697	697	require the recipient of a grant under this subsection to provide matching funds in
698	698	an amount greater than 20 percent of the amount of the grant.
699	699	(5) PFAS STUDIES AND REPORTING. (a) In this subsection, “PFAS” means
700	700	perfluorooctanesulfonic acid (PFOS), perfluorooctanoic acid (PFOA),
701	701	perfluorohexanesulfonic acid (PFHxS), perfluorononanoic acid (PFNA),
702	702	perfluoroheptanoic acid (PFHpA), perfluorodecanoic acid (PFDA), and any other
703	703	perfluoroalkyl or polyfluoroalkyl substance for which a standard has been
704	704	promulgated under state or federal law.
705	705	(b) The department of natural resources and the Board of Regents of the
706	706	University of Wisconsin System shall enter into a memorandum of understanding
707	707	to jointly do all of the following, with the assistance of other University of Wisconsin
708	708	institutions, the department of natural resources, other relevant state agencies,
709	709	county land and water conservation departments, and other local 3rd parties, if
710	710	available:
711	711	1. Study and analyze the cost, feasibility, and effectiveness of different methods
712	712	of treating PFAS before they are released into a water system or water body.
713	713	2. Conduct a cost-benefit analysis of different options for disposing of biosolids
714	714	or sludge that contains or may contain PFAS.
715	715	3. Study and analyze the cost, feasibility, and effectiveness of different
716	716	destruction and disposal methods for PFAS.
717	717	4. Study and analyze the migration of PFAS into the bay of Green Bay,
718	718	including where the PFAS are entering the bay and what effects PFAS may have in
719	719	the bay.
720	720	5. Create a comprehensive, interactive map showing all available PFAS testing
721	721	data and whether each data point on the map exceeds any applicable state or federal
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748	748	SECTION 11 ASSEMBLY BILL 312
749	749	standard for PFAS. Such data may not contain any personally identifiable
750	750	information unless the entity to which the data applies is required to test and
751	751	disclose its results under state or federal law.
752	752	(c) The Board of Regents of the University of Wisconsin System shall require
753	753	the University of Wisconsin-Madison division of extension to provide the map and
754	754	reports on the studies required under this subsection to the joint committee on
755	755	finance and the standing committees with jurisdiction over natural resources and
756	756	the environment no later than 2 years after the effective date of this paragraph.
757	757	(6) REPORTS TO LEGISLATURE ON PROGRESS UNDER THIS ACT. For a period of 3 years
758	758	after the effective date of this subsection, the department of natural resources shall,
759	759	every 6 months, submit a report to the join committee on finance and the to the
760	760	standing committees with jurisdiction over natural resources and the environment.
761	761	The first report under this subsection shall be submitted no later than 6 months after
762	762	the effective date of this subsection. The report shall include a detailed description
763	763	of the department's expenditures under this act and a detailed description of the
764	764	department's progress in implementing the provisions of this act.
765	765	(7) PFAS TESTING. In the 2023-25 fiscal biennium, the department of natural
766	766	resources shall conduct additional PFAS testing activities.
767	767	(8) FIRE FIGHTING FOAM. The department of natural resources shall survey or
768	768	resurvey local fire departments about their use and possession of PFAS-containing
769	769	fire fighting foam, send communications and information regarding such foam, and
770	770	contract with a 3rd party to collect such foam.
771	771	(END)
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