Wisconsin 2025-2026 Regular Session

Wisconsin Assembly Bill AB131 Compare Versions

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

Old	New	Differences
1	1	2025 - 2026 LEGISLATURE
2	2	LRB-2174/1
3	3	MCP:skw/wlj/emw
4	4	2025 ASSEMBLY BILL 131
5	5	March 13, 2025 - Introduced by Representatives MURSAU, SWEARINGEN,
6	6	ARMSTRONG, BEHNKE, FRANKLIN, GREEN, GUNDRUM, B. JACOBSON, KNODL,
7	7	MAXEY, NOVAK, O'CONNOR, SPIROS, STEFFEN, TUCKER and TUSLER,
8	8	cosponsored by Senators WIMBERGER, CABRAL-GUEVARA, FELZKOWSKI, NASS
9	9	and TOMCZYK. Referred to Committee on Environment.
10	10
11	11	*AUTHORS SUBJECT TO CHANGE*
12	12	AN ACT to renumber 281.58 (8e); to amend 281.61 (6) and 281.75 (7) (c) 2. a.;
13	13	to create 66.0811 (4), 196.49 (7), 281.58 (8e) (bm), 281.75 (5m), 292.11 (9) (g),
14	14	292.315, 292.32 and 292.34 of the statutes; relating to: programs and
15	15	requirements to address PFAS.
16	16	Analysis by the Legislative Reference Bureau
17	17	This bill creates several new programs and requirements relating to PFAS,
18	18	which is defined in the bill to mean any perfluoroalkyl or polyfluoroalkyl substance.
19	19	Municipal PFAS grant program
20	20	The bill requires the Department of Natural Resources to create a municipal
21	21	PFAS grant program, which applies only to types of PFAS for which there is a state
22	22	or federal standard, a public health recommendation from the Department of
23	23	Health Services, or a health advisory issued by the federal Environmental
24	24	Protection Agency. Under the bill, the municipal PFAS grant program provides all
25	25	of the following grants:
26	26	1. Grants to municipalities (defined under current law as a city, town, village,
27	27	county, county utility district, town sanitary district, public inland lake protection
28	28	and rehabilitation district, or metropolitan sewage district) for PFAS testing at
29	29	municipal water systems and municipal wastewater treatment facilities, or for
30	30	reimbursement for such testing if performed at properties owned, leased, managed,
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38	38	or contracted for by municipalities and if there are promulgated standards for those
39	39	types of PFAS.
40	40	2. Grants to nonmunicipal entities regulated as public or community water
41	41	systems, distributed in equal shares up to $1,800, to test their drinking water
42	42	supply for PFAS, if required to do so by DNR, or for reimbursement for such testing.
43	43	3. Grants to privately owned landfills, in equal shares up to $15,000, to test
44	44	for the presence of PFAS in leachate.
45	45	4. Grants to municipalities to test for PFAS levels at municipally owned,
46	46	leased, managed, or contracted locations where PFAS may be present, including
47	47	testing for PFAS levels in leachate at landfills. If the property to be tested is not
48	48	owned by the municipality, DNR may not issue a grant unless the property owner
49	49	gives the municipality written consent to enter the property and conduct testing.
50	50	These grants are not available to municipalities that receive a grant under this
51	51	program to test for PFAS at municipal water systems and municipal wastewater
52	52	treatment facilities. For these grants, DNR may require matching funds of up to 20
53	53	percent from the applicant.
54	54	5. Grants to municipalities and privately owned landfills to dispose of PFAS-
55	55	containing biosolids or leachate at facilities that accept such biosolids or leachate or
56	56	to purchase and install on-site treatment systems to address PFAS contained in
57	57	biosolids or leachate. For these grants, DNR may require matching funds of up to
58	58	20 percent from the applicant and the grants may not be used for costs associated
59	59	with landspreading.
60	60	6. Grants for capital costs or debt service, including for facility upgrades or
61	61	new infrastructure, to municipalities that are small or disadvantaged or in which
62	62	rates for water or wastewater utilities will increase by more than 20 percent as a
63	63	direct result of steps taken to address PFAS contamination. When issuing these
64	64	grants, DNR must give priority to projects that are necessary to address an
65	65	exceedence of an applicable state or federal standard.
66	66	7. Grants to municipalities for capital costs or other costs related to PFAS that
67	67	are not otherwise paid from the segregated environmental improvement fund,
68	68	including costs for addressing landfills or other contaminated lands owned, leased,
69	69	managed, or contracted for by municipalities or costs incurred by fire departments;
70	70	grants to municipalities for the preparation and implementation of pollutant
71	71	minimization plans; and grants to municipalities for costs incurred by public
72	72	utilities or metropolitan sewerage districts for pretreatment or other PFAS
73	73	reduction measures in certain circumstances. For these grants, DNR may require
74	74	matching funds of up to 20 percent from the applicant.
75	75	For all of the grants provided under the municipal PFAS grant program, DNR
76	76	may not require a grant recipient to take any action to address PFAS unless PFAS
77	77	levels exceed any applicable standard under state or federal law. The bill also
78	78	prohibits DNR from publicly disclosing the results of any PFAS testing conducted
79	79	under this grant program unless DNR notifies the grant recipient at least 72 hours
80	80	before publicly disclosing any test result, with certain exceptions. 2025 - 2026 Legislature
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84	84	Current law provides that whenever a state agency is authorized to provide
85	85	state funds to any county, city, village, or town for any purpose, funds may also be
86	86	granted by that agency to any federally recognized tribal governing body for the
87	87	same purpose.
88	88	Innocent landowner grant program
89	89	The bill also requires DNR to create an innocent landowner grant program,
90	90	which applies only to types of PFAS for which there is a state or federal standard, a
91	91	public health recommendation from the Department of Health Services, or a health
92	92	advisory issued by the federal Environmental Protection Agency.
93	93	Under the program, DNR may provide grants to an eligible person or to a
94	94	person who is applying on behalf of multiple eligible persons that are located in the
95	95	same geographic region, if the applicant will be the entity performing any
96	96	authorized activities. Under the program, an Xeligible personY is 1) a person that
97	97	spread biosolids or wastewater residuals contaminated by PFAS in compliance with
98	98	any applicable license or permit, 2) a person that owns land upon which biosolids or
99	99	wastewater residuals contaminated by PFAS were spread in compliance with any
100	100	applicable license or permit, 3) a fire department, public-use airport, or
101	101	municipality that responded to emergencies that required the use of PFAS or that
102	102	conducted training for such emergencies in compliance with applicable federal
103	103	regulations, 4) a solid waste disposal facility that accepted PFAS, and 5) a person
104	104	that owns, leases, manages, or contracts for property on which the PFAS
105	105	contamination did not originate, unless the person also owns, leases, manages, or
106	106	contracts for the property on which the PFAS discharge originated.
107	107	The total amount of grants awarded to each eligible person may not exceed
108	108	$250,000 and DNR may require grant recipients to provide matching funds of not
109	109	more than 5 percent of the grant amount.
110	110	Under current law provisions known as the Xspills law,Y a person that
111	111	possesses or controls a hazardous substance or that causes the discharge of a
112	112	hazardous substance must notify DNR immediately, restore the environment to the
113	113	extent practicable, and minimize the harmful effects from the discharge. If action
114	114	is not being adequately taken, or the identity of the person responsible for the
115	115	discharge is unknown, DNR may take emergency action to contain or remove the
116	116	hazardous substance; the person that possessed or controlled the hazardous
117	117	substance that was discharged or that caused the discharge of the hazardous
118	118	substance must then reimburse DNR for expenses DNR incurred in taking such
119	119	emergency actions. The spills law allows DNR to enter property to take emergency
120	120	action if entry is necessary to prevent increased environmental damages, and to
121	121	inspect any record relating to a hazardous substance for the purpose of determining
122	122	compliance with the spills law. DNR may also require that preventive measures be
123	123	taken by any person possessing or having control over a hazardous substance if
124	124	existing control measures are inadequate to prevent discharges.
125	125	Spills law exemptions
126	126	Under the bill, if a person is eligible for a grant under the innocent landowner 2025 - 2026 Legislature
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130	130	grant program, the person is exempt from all of the provisions under the spills law
131	131	described above with respect to PFAS contamination, if the person grants DNR
132	132	permission to remediate the land at DNR[s expense.
133	133	If a person is not eligible for a grant under the innocent landowner grant
134	134	program, the person is exempt from all of the provisions under the spills law
135	135	described above, based on the results of any PFAS testing conducted on samples
136	136	taken from lands not owned by the state, unless PFAS levels violate any applicable
137	137	state or federal law, including any standard promulgated under state or federal law.
138	138	Limitations on DNR actions relating to PFAS
139	139	Under the bill, DNR may not prevent, delay, or otherwise impede any
140	140	construction project or project of public works based on a presence of PFAS
141	141	contamination unless DNR determines that 1) the project poses a substantial risk
142	142	to public health or welfare, 2) there is a substantial risk that the project will create
143	143	worsening environmental conditions, 3) the entity proposing to complete the project
144	144	is responsible for the original contamination, as a result of conduct that was
145	145	reckless or was done with the intent to discharge PFAS into the environment, or 4)
146	146	DNR is specifically required under the federal Clean Water Act to prevent, delay, or
147	147	otherwise impede the project. XPublic worksY is defined to mean the physical
148	148	structures and facilities developed or acquired by a local unit of government or a
149	149	federally recognized American Indian tribe or band in this state to provide services
150	150	and functions for the benefit and use of the public, including water, sewerage, waste
151	151	disposal, utilities, and transportation, and privately owned landfills that accept
152	152	residential waste.
153	153	In addition, under the bill, if DNR seeks to collect samples from lands not
154	154	owned by the state based on permission from the landowner, such permission must
155	155	be in writing, and DNR must notify the landowner that such permission includes
156	156	the authority to collect samples, to test those samples, and to publicly disclose the
157	157	results of that testing. The landowner may revoke such permission at any time
158	158	prior to the collection of samples. Under the bill, DNR also may not publicly
159	159	disclose such PFAS testing results unless it notifies the landowner of the test
160	160	results at least 72 hours before publicly disclosing them.
161	161	The bill also requires DNR, or a third-party contract by DNR, to respond in a
162	162	timely manner to requests from any person to conduct PFAS testing on samples
163	163	taken from the person[s property if practicable and if funds are available to do so, if
164	164	there is a reasonable belief that PFAS contamination may be present on the
165	165	property, and if existing information such as public water supply testing data is not
166	166	available.
167	167	The bill also requires DNR, in the 2025-27 fiscal biennium, to increase its
168	168	voluntary PFAS testing activities.
169	169	Firefighting foam
170	170	The bill requires DNR to survey or resurvey local fire departments about their
171	171	use and possession of PFAS-containing firefighting foam, send communications and 2025 - 2026 Legislature
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175	175	information regarding PFAS-containing firefighting foam, and contract with a third
176	176	party to voluntarily collect PFAS-containing firefighting foam.
177	177	Well compensation grant program
178	178	Under current law, an individual owner or renter of a contaminated private
179	179	well, subject to eligibility requirements, may apply for a grant from DNR to cover a
180	180	portion of the costs to treat the water, reconstruct the well, construct a new well,
181	181	connect to a public water supply, or fill and seal the well. The bill provides that a
182	182	grant for costs to treat the water may be used to cover the cost of a filtration device
183	183	and up to two replacement filters.
184	184	In addition, under the bill, if DNR determines that a claimant who is applying
185	185	for a grant under the well compensation grant program on the basis of PFAS
186	186	contamination would be eligible for a grant under the innocent landowner grant
187	187	program created under the bill, and funding under that program is available, DNR
188	188	must refer the claimant[s application to that program instead of processing it under
189	189	the well compensation grant program. If the claimant is denied under the innocent
190	190	landowner grant program, DNR must refer the claim back to the well compensation
191	191	grant program.
192	192	Portable water treatment system pilot project
193	193	The bill requires DNR to contract with an entity to conduct a pilot project in
194	194	which PFAS-contaminated surface water is partially or fully diverted to a portable
195	195	treatment system and treated water is returned to the surface water. DNR and the
196	196	entity must conduct tests to evaluate the success of the pilot project.
197	197	Remedial action at sites contaminated by PFAS
198	198	The bill allows DNR, or a contracted third party, to begin response and
199	199	remedial actions, including site investigations, at any PFAS-contaminated site
200	200	where a responsible party has not been identified or where the responsible party
201	201	qualifies for a grant under the innocent landowner grant program. The bill directs
202	202	DNR to prioritize response and remedial actions at sites that have the highest
203	203	levels of PFAS contamination and sites with the greatest threats to public health or
204	204	the environment because of PFAS.
205	205	Assistance for testing laboratories
206	206	The bill requires DNR and the Board of Regents of the University of Wisconsin
207	207	System to enter into a memorandum of understanding to ensure that the state
208	208	laboratory of hygiene provides guidance and other materials, conducts training, and
209	209	provides assistance to laboratories in this state that are certified to test for
210	210	contaminants other than PFAS in order for them to become certified to test for
211	211	PFAS, and to assist laboratories certified to test for PFAS in this state to reduce
212	212	their testing costs and shorten the timeline for receiving test results.
213	213	Under the bill, the Board of Regents, in coordination with DNR, may provide
214	214	grants to laboratories in this state that are certified to test for PFAS, or that are
215	215	seeking such certification, to assist with up to 40 percent of the costs of purchasing
216	216	equipment necessary for testing for PFAS. 2025 - 2026 Legislature
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220	220	The bill requires the state laboratory of hygiene to prepare a report on these
221	221	efforts and provide the report to the legislature.
222	222	PFAS studies and reporting
223	223	The bill requires DNR and the Board of Regents of the University of Wisconsin
224	224	System to enter into a memorandum of understanding to 1) study and analyze the
225	225	cost, feasibility, and effectiveness of different methods of treating PFAS before they
226	226	are released into a water system or water body; 2) conduct a cost-benefit analysis of
227	227	different options for disposing of biosolids or sludge that contains or may contain
228	228	PFAS; 3) study and analyze the cost, feasibility, and effectiveness of different
229	229	destruction and disposal methods for PFAS; 4) study and analyze the cost,
230	230	feasibility, and effectiveness of different methods for remediating PFAS that leave
231	231	the contaminated medium in place and methods that remove the contaminated
232	232	medium; 5) study and analyze the migration of PFAS into the bay of Green Bay; 6)
233	233	study and analyze the migration of PFAS into the Wisconsin and Mississippi Rivers
234	234	and their tributaries; 7) conduct any additional studies related to PFAS, as
235	235	approved by the Joint Committee on Finance; and 8) create a comprehensive,
236	236	interactive map showing all available PFAS testing data and, for each data point,
237	237	whether it exceeds any applicable state or federal standard for PFAS. Such data
238	238	may not contain any personally identifiable information unless the entity to which
239	239	the data applies is a municipal entity that is required to test and disclose its results
240	240	under state law.
241	241	DNR reporting requirements
242	242	The bill requires DNR to report to the legislature once every six months for a
243	243	period of three years to provide a detailed description of DNR[s expenditures under
244	244	the bill and a detailed description of DNR[s progress in implementing the
245	245	provisions of the bill.
246	246	Clean Water Fund Program and Safe Drinking Water Loan Program
247	247	Under current law, the Department of Administration and DNR administer
248	248	the Safe Drinking Water Loan Program (SDWLP), which provides financial
249	249	assistance to municipalities, and to the private owners of community water systems
250	250	that serve municipalities, for projects that will help the municipalities comply with
251	251	federal drinking water standards. DNR establishes a funding priority list for
252	252	SDWLP projects, and DOA allocates funding for those projects. Also under current
253	253	law, DNR administers the Clean Water Fund Program (CWFP), which provides
254	254	financial assistance to municipalities for projects to control water pollution, such as
255	255	sewage treatment plants.
256	256	Under the bill, if DNR, when ranking SDWLP or CWFP projects or
257	257	determining an applicant[s eligibility for assistance under those programs,
258	258	considers whether an applicant that intends to extend service outside municipal
259	259	boundaries because of water contamination is XsmallY or Xdisadvantaged,Y DNR
260	260	must determine the applicant to be small or disadvantaged if the area receiving the
261	261	extended service would normally be determined to be small or disadvantaged, 2025 - 2026 Legislature
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265	265	regardless of whether the existing service area would normally be determined to be
266	266	small or disadvantaged.
267	267	Public water utility projects
268	268	Under current law, a public utility may not engage in certain construction,
269	269	expansion, or other projects unless the Public Service Commission grants a
270	270	certificate of authority (CA) for the proposed project. Under the bill, if a water
271	271	public utility or a combined water and sewer public utility (water utility) fails to
272	272	obtain a CA before commencing a project for which one is required, PSC may not
273	273	investigate, impose a penalty against, or bring an action to enjoin the water utility
274	274	if 1) the water utility undertook the project in response to a public health concern
275	275	caused by PFAS, the presence of which was unknown to the water utility until
276	276	shortly before it commenced the project, and the water utility provides evidence
277	277	showing that the utility has exceeded or is likely to exceed the applicable state or
278	278	federal standard for that type of PFAS; 2) the water utility promptly notifies PSC of
279	279	the work and, within 30 days after commencing the work, submits the appropriate
280	280	application and supporting documentation to PSC; and 3) the total cost of the
281	281	project is not greater than $2,000,000.
282	282	In the PSC administrative code, the bill adds an emergency resulting from
283	283	water supply contamination to the circumstances under which PSC authorization is
284	284	not necessary prior to a utility beginning necessary repair work. The current
285	285	administrative code limits this to an emergency resulting from the failure of power
286	286	supply or from fire, storm, or similar events.
287	287	Use of revenue for PFAS source reduction measures
288	288	The bill authorizes a municipal public utility or metropolitan sewerage
289	289	district to use revenues from its water or sewerage services for up to half of the cost
290	290	of pretreatment or other PFAS source reduction measures for an interconnected
291	291	customer or other regular customer if the costs incurred are less than the costs of
292	292	the upgrades otherwise required at the endpoint treatment facility and if the costs
293	293	are approved by the governing body of the municipality or the metropolitan
294	294	sewerage district.
295	295	Test wells for community water systems
296	296	Under rules promulgated by DNR relating to community water systems (a
297	297	system for providing piped water for human consumption to the public and that
298	298	serves at least 15 service connections used by year-round residents or regularly
299	299	serves at least 25 year-round residents), DNR must preapprove any test wells that
300	300	will be converted into permanent wells and any test wells that will pump at least 70
301	301	gallons per minute for more than 72 hours. DNR rules require test wells to be
302	302	drilled for permanent wells for community water systems to determine geologic
303	303	formation information and water quality and quantity data. DNR rules also allow
304	304	DNR to designate special well casing depth areas within which wells must be
305	305	drilled to a greater depth and meet other requirements to avoid contamination.
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310	310	SECTION 1
311	311	approved by DNR if they are located in special well casing depth areas that have
312	312	been designated based in whole or in part on the presence of PFAS.
313	313	The people of the state of Wisconsin, represented in senate and assembly, do
314	314	enact as follows:
315	315	SECTION 1. 66.0811 (4) of the statutes is created to read:
316	316	66.0811 (4) Notwithstanding subs. (2) and (3) and s. 66.0901 (11), a municipal
317	317	public utility or a metropolitan sewerage district created under ch. 200 may use
318	318	funds derived from its water or sewerage services for up to one-half the cost of
319	319	pretreatment or other perfluoroalkyl and polyfluoroalkyl substances source
320	320	reduction measures for an interconnected customer or other regular customer if the
321	321	costs incurred are less than the costs of the upgrades otherwise required at the
322	322	endpoint treatment facility and if the costs are approved by the governing body of
323	323	the municipality or the metropolitan sewerage district.
324	324	SECTION 2. 196.49 (7) of the statutes is created to read:
325	325	196.49 (7) With respect to a water public utility or a combined water and
326	326	sewer public utility, the commission may not investigate, impose a penalty against,
327	327	or bring an action to enjoin the public utility for failing to obtain a certificate of
328	328	authority before commencing a project for which one is required under this section
329	329	if all of the following apply:
330	330	(a) The public utility undertook the project in response to a public health
331	331	concern caused by PFAS, as defined in s. 292.315 (1), the presence of which was
332	332	unknown to the public utility until shortly before it commenced the project, and the
333	333	public utility provides evidence showing that the utility has exceeded or is likely to
334	334	exceed the applicable promulgated state or federal standard for that type of PFAS.
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358	358	SECTION 2
359	359	(b) The public utility promptly notifies the commission of the work and,
360	360	within 30 days after commencing the work, submits the appropriate application
361	361	and supporting documentation to the commission.
362	362	(c) The total cost of the project is not greater than $2,000,000.
363	363	SECTION 3. 281.58 (8e) of the statutes is renumbered 281.58 (8e) (am).
364	364	SECTION 4. 281.58 (8e) (bm) of the statutes is created to read:
365	365	281.58 (8e) (bm) If the department, when ranking projects under this
366	366	subsection or determining an applicant[s eligibility for assistance under this
367	367	section, considers whether an applicant that intends to extend service outside the
368	368	boundaries of a municipality because of water contamination is small or
369	369	disadvantaged, the department shall, to the extent allowable under federal law,
370	370	determine the applicant to be small or disadvantaged if the area receiving the
371	371	extended service would normally be determined to be small or disadvantaged,
372	372	regardless of whether the existing service area would normally be determined to be
373	373	small or disadvantaged.
374	374	SECTION 5. 281.61 (6) of the statutes is amended to read:
375	375	281.61 (6) PRIORITY LIST. The department shall establish a priority list that
376	376	ranks each safe drinking water loan program project. The department shall
377	377	promulgate rules for determining project rankings that, to the extent possible, give
378	378	priority to projects that address the most serious risks to human health, that are
379	379	necessary to ensure compliance with the Safe Drinking Water Act, 42 USC 300f to
380	380	300j-26, and that assist applicants that are most in need on a per household basis,
381	381	according to affordability criteria specified in the rules. For the purpose of ranking
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408	408	SECTION 5
409	409	projects under this subsection, the department shall treat a project to upgrade a
410	410	public water system to provide continuous disinfection of the water that it
411	411	distributes as if the public water system were a surface water system that federal
412	412	law requires to provide continuous disinfection. If the department, when ranking
413	413	projects under this subsection or determining an applicant[s eligibility for
414	414	assistance under this section, considers whether an applicant that intends to
415	415	extend service outside the boundaries of a local governmental unit because of water
416	416	contamination is small or disadvantaged, the department shall, to the extent
417	417	allowable under federal law, determine the applicant to be small or disadvantaged
418	418	if the area receiving the extended service would normally be determined to be small
419	419	or disadvantaged, regardless of whether the existing service area would normally
420	420	be determined to be small or disadvantaged.
421	421	SECTION 6. 281.75 (5m) of the statutes is created to read:
422	422	281.75 (5m) REFERRAL TO THE INNOCENT LANDOWNER GRANT PROGRAM. If the
423	423	department determines that a claimant that submits a claim under this section on
424	424	the basis of contamination by perfluoroalkyl or polyfluoroalkyl substances would be
425	425	eligible for a grant under the innocent landowner grant program under s. 292.34,
426	426	and moneys are available under s. 292.34, the department shall refer the claim to
427	427	the program under s. 292.34 instead of reviewing the claim under this section. If
428	428	the claimant[s claim is denied under s. 292.34, the department shall refer the claim
429	429	back to the program under this section.
430	430	SECTION 7. 281.75 (7) (c) 2. a. of the statutes is amended to read:
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452	452	22 2025 - 2026 Legislature
453	453	ASSEMBLY BILL 131
454	454	- 11 - LRB-2174/1
455	455	MCP:skw/wlj/emw
456	456	SECTION 7
457	457	281.75 (7) (c) 2. a. Equipment used for treating the water, including a
458	458	filtration device and up to 2 replacement filters;
459	459	SECTION 8. 292.11 (9) (g) of the statutes is created to read:
460	460	292.11 (9) (g) 1. In this section, XPFASY means any perfluoroalkyl or
461	461	polyfluoroalkyl substance.
462	462	2. All of the persons eligible for an innocent landowner grant under s. 292.34
463	463	(3) (a) to (e) are exempt from subs. (3), (4), and (7) (b) and (c) with respect to PFAS
464	464	contamination if the person grants permission to the department to remediate the
465	465	land at the department[s expense.
466	466	3. A person not otherwise exempt under subd. 2. is exempt from subs. (3), (4),
467	467	and (7) (b) and (c) with respect to PFAS contamination based on the results of PFAS
468	468	testing on samples taken from lands not owned by the state, unless that testing
469	469	demonstrates that PFAS levels violate any applicable state or federal law, including
470	470	any standard promulgated under state or federal law. This subdivision does not
471	471	limit the ability of a landowner or other authorized party to voluntarily take
472	472	remedial action based on PFAS test results collected by the department.
473	473	SECTION 9. 292.315 of the statutes is created to read:
474	474	292.315 Municipal PFAS grant program. (1) DEFINITION. In this section,
475	475	XPFASY means any perfluoroalkyl or polyfluoroalkyl substance.
476	476	(1m) APPLICABILITY. This section applies only to PFAS for which there is a
477	477	state or federal standard, a public health recommendation from the department of
478	478	health services under s. 160.07, or a health advisory issued by the federal
479	479	environmental protection agency.
480	480	(2) GRANTS. The department shall provide all of the following grants:
481	481	1
482	482	2
483	483	3
484	484	4
485	485	5
486	486	6
487	487	7
488	488	8
489	489	9
490	490	10
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495	495	15
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504	504	24 2025 - 2026 Legislature
505	505	ASSEMBLY BILL 131
506	506	- 12 - LRB-2174/1
507	507	MCP:skw/wlj/emw
508	508	SECTION 9
509	509	(a) Grants to municipalities to test for PFAS levels at municipal water
510	510	systems and municipal wastewater treatment facilities, or to reimburse
511	511	municipalities for PFAS testing performed at properties owned, leased, managed,
512	512	or contracted for by those municipalities after applicable standards for the chemical
513	513	being tested have been promulgated. The department shall base the amount of
514	514	grant awards under this paragraph on the cost of testing and the amount of testing
515	515	needed in each community, while ensuring that funding is available to every
516	516	eligible applicant that submits a claim under this paragraph. The department may
517	517	not require a municipality that submits a claim for a grant under this paragraph to
518	518	provide information other than the basic information necessary to process the claim
519	519	and may not require the recipient of a grant under this paragraph to provide any
520	520	matching funds.
521	521	(b) Grants, provided in equal shares not to exceed $1,800, to entities that are
522	522	not municipalities and that are regulated as public or community water systems for
523	523	the entity to test its drinking water supply for PFAS if required to do so by the
524	524	department, or for reimbursement to the entity for PFAS testing performed after
525	525	applicable standards for the chemical being tested have been promulgated. An
526	526	entity that is not a municipality may apply to the department one time for a grant
527	527	under this paragraph, by a deadline set by the department. The department may
528	528	not require the recipient of a grant under this paragraph to provide any matching
529	529	funds.
530	530	(c) Grants, provided in equal shares not to exceed $15,000, to the owner or
531	531	manager of, or the holder of a solid waste facility license issued by the department
532	532	1
533	533	2
534	534	3
535	535	4
536	536	5
537	537	6
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540	540	9
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554	554	23 2025 - 2026 Legislature
555	555	ASSEMBLY BILL 131
556	556	- 13 - LRB-2174/1
557	557	MCP:skw/wlj/emw
558	558	SECTION 9
559	559	for, privately owned solid waste disposal facilities to test for the presence of PFAS in
560	560	leachate. An entity may apply to the department one time for a grant under this
561	561	paragraph, by a deadline set by the department. The department may not require
562	562	the recipient of a grant under this paragraph to provide any matching funds.
563	563	(d) Grants to municipalities to test for PFAS levels at locations that are
564	564	owned, leased, managed, or contracted for by a municipality and where PFAS may
565	565	be present, including airports, water systems, wastewater treatment facilities, or
566	566	contaminated lands, and to test for PFAS levels in leachate at solid waste disposal
567	567	facilities that are owned, leased, managed, or contracted for by a municipality. If
568	568	the property is not owned by the municipality, the department may not issue a
569	569	grant under this paragraph unless the property owner has given the municipality
570	570	written consent for the municipality to enter the property and conduct testing or
571	571	the ability to enter the property and conduct testing is permitted under an existing
572	572	agreement between the property owner and the municipality. The department may
573	573	not provide a grant under this paragraph to test for PFAS in a water system or
574	574	wastewater treatment facility if the applicant has received a grant under par. (a),
575	575	unless the applicant demonstrates that it has used all of the grant funds provided
576	576	to it under par. (a). The department shall accept applications for grants and
577	577	provide grants under this paragraph on a rolling basis. The department may not
578	578	require the recipient of a grant under this paragraph to provide matching funds in
579	579	an amount greater than 20 percent of the amount of the grant.
580	580	(e) Grants to municipalities and the owner or manager of, or the holder of a
581	581	solid waste facility license issued by the department for, privately owned solid waste
582	582	1
583	583	2
584	584	3
585	585	4
586	586	5
587	587	6
588	588	7
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604	604	23 2025 - 2026 Legislature
605	605	ASSEMBLY BILL 131
606	606	- 14 - LRB-2174/1
607	607	MCP:skw/wlj/emw
608	608	SECTION 9
609	609	disposal facilities to dispose of PFAS-containing biosolids or leachate at facilities
610	610	that accept such biosolids or leachate or to purchase and install on-site treatment
611	611	systems to address PFAS contained in biosolids or leachate. Grant moneys received
612	612	under this paragraph may not be used for any cost associated with landspreading.
613	613	The department may not require the recipient of a grant under this paragraph to
614	614	provide matching funds in an amount greater than 20 percent of the amount of the
615	615	grant.
616	616	(f) Grants for capital costs or debt service, including for facility upgrades or
617	617	new infrastructure, to municipalities that are small or disadvantaged or in which
618	618	rates for water or wastewater utilities will increase by more than 20 percent as a
619	619	direct result of steps taken to address PFAS contamination. A grant provided
620	620	under this paragraph may not exceed 50 percent of the municipality[s capital or
621	621	debt service costs, and no municipality may receive grants under this paragraph
622	622	that total more than 20 percent of the funding available for grants under this
623	623	paragraph. The department shall give priority under this paragraph to projects
624	624	that are necessary to address an exceedance of an applicable promulgated state or
625	625	federal standard. The department shall accept applications for grants and provide
626	626	grants under this paragraph on a rolling basis. A municipality may submit an
627	627	application for a grant under this program at the same time as submitting an
628	628	application for financial assistance under s. 281.58 or 281.61.
629	629	(g) Grants to municipalities for capital costs or other costs related to PFAS
630	630	that are not otherwise paid from the environmental improvement fund, including
631	631	costs for addressing solid waste disposal facilities or other contaminated lands
632	632	1
633	633	2
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654	654	23 2025 - 2026 Legislature
655	655	ASSEMBLY BILL 131
656	656	- 15 - LRB-2174/1
657	657	MCP:skw/wlj/emw
658	658	SECTION 9
659	659	owned, leased, managed, or contracted for by the municipality and costs incurred by
660	660	fire departments, including to replace PFAS-containing firefighting foam; grants to
661	661	municipalities for the preparation and implementation of pollutant minimization
662	662	plans; and grants to municipalities for costs incurred by municipal public utilities
663	663	or metropolitan sewerage districts created under ch. 200 for pretreatment or other
664	664	PFAS source reduction measures for an interconnected customer or other regular
665	665	customer if the costs incurred are less than the costs of the upgrades otherwise
666	666	required at the endpoint treatment facility and if the costs are approved by the
667	667	governing body of the municipality or the metropolitan sewerage district. No
668	668	municipality may receive grants under this paragraph that total more than 20
669	669	percent of the funding available for grants under this paragraph. The department
670	670	may not require the recipient of a grant under this paragraph to provide matching
671	671	funds in an amount greater than 20 percent of the amount of the grant. The
672	672	department shall accept applications for grants and provide grants under this
673	673	paragraph on a rolling basis.
674	674	(3) LIMITATIONS. (a) The department may not require the recipient of a grant
675	675	under sub. (2) to take action to address PFAS contamination unless testing
676	676	demonstrates that PFAS levels exceed the amount allowed under any applicable
677	677	state or federal law, including any standard promulgated under state or federal law.
678	678	(b) The department may not publicly disclose the results of any PFAS testing
679	679	conducted under this section unless the department notifies the grant recipient at
680	680	least 72 hours before publicly disclosing any test result. This paragraph does not
681	681	apply to any testing required or conducted under ch. 281 or 283.
682	682	1
683	683	2
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704	704	23 2025 - 2026 Legislature
705	705	ASSEMBLY BILL 131
706	706	- 16 - LRB-2174/1
707	707	MCP:skw/wlj/emw
708	708	SECTION 10
709	709	SECTION 10. 292.32 of the statutes is created to read:
710	710	292.32 Limitations on department actions relating to PFAS. (1)
711	711	DEFINITIONS. In this section:
712	712	(a) XConstruction projectY means a building project that will affect one or
713	713	more parcels.
714	714	(b) XPFASY has the meaning given in s. 292.315 (1).
715	715	(c) XPublic worksY means the physical structures and facilities developed or
716	716	acquired by a local unit of government or a federally recognized American Indian
717	717	tribe or band in this state to provide services and functions for the benefit and use
718	718	of the public, including water, sewerage, waste disposal, utilities, and
719	719	transportation, and privately owned solid waste disposal facilities that accept
720	720	residential waste.
721	721	(2) CONSTRUCTION PROJECTS. Notwithstanding any conflicting provisions of
722	722	this chapter, the department may not prevent, delay, or otherwise impede any
723	723	construction project or project of public works on the basis of a presence of PFAS
724	724	contamination unless the department determines any of the following:
725	725	(a) The project poses a substantial risk to public health or welfare.
726	726	(b) There is a substantial risk that the project will create worsening
727	727	environmental conditions.
728	728	(c) The entity proposing to complete the project is responsible for the original
729	729	contamination, as a result of conduct that was reckless or was done with the intent
730	730	to discharge PFAS into the environment.
731	731	1
732	732	2
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734	734	4
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752	752	22 2025 - 2026 Legislature
753	753	ASSEMBLY BILL 131
754	754	- 17 - LRB-2174/1
755	755	MCP:skw/wlj/emw
756	756	SECTION 10
757	757	(d) The department is specifically required under the federal Clean Water Act
758	758	to prevent, delay, or otherwise impede the project.
759	759	(3) PFAS TESTING ON NONSTATE LANDS. If department staff or a 3rd-party
760	760	entity contracted by the department seeks to conduct voluntary testing under this
761	761	chapter for PFAS, all of the following shall apply:
762	762	(a) If the department, or an entity contracted by the department, seeks to
763	763	collect voluntary samples from lands not owned by the state based on permission
764	764	from the landowner, such permission shall be in writing, and the department shall
765	765	notify the landowner that such permission includes the authority to collect samples,
766	766	to test those samples, and to publicly disclose the results of that testing. A
767	767	landowner may revoke such permission at any time prior to the collection of
768	768	samples.
769	769	(b) The department may not publicly disclose the results of any PFAS testing
770	770	conducted on samples taken from lands not owned by the state unless the
771	771	department notifies the landowner of the test results at least 72 hours before
772	772	publicly disclosing the test results.
773	773	(4) PFAS TESTING REQUESTS. The department shall, in a timely manner,
774	774	respond to requests from any person to conduct PFAS testing on samples taken
775	775	from the person[s property if practicable and if funds are available to do so, if there
776	776	is a reasonable belief that PFAS contamination may be present on the property, and
777	777	if existing information such as public water supply testing data is not available.
778	778	The department may contract with a 3rd party to respond to requests for testing
779	779	under this subsection.
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802	802	23 2025 - 2026 Legislature
803	803	ASSEMBLY BILL 131
804	804	- 18 - LRB-2174/1
805	805	MCP:skw/wlj/emw
806	806	SECTION 11
807	807	SECTION 11. 292.34 of the statutes is created to read:
808	808	292.34 Innocent landowner grant program; limitations on
809	809	enforcement action. (1) In this section, XPFASY has the meaning given in s.
810	810	292.315 (1).
811	811	(1m) This section applies only to PFAS for which there is a state or federal
812	812	standard, a public health recommendation from the department of health services
813	813	under s. 160.07, or a health advisory issued by the federal environmental protection
814	814	agency.
815	815	(2) The department shall administer a program under which the department
816	816	may provide a grant to an eligible person under sub. (3) or to a person who is
817	817	applying on behalf of multiple eligible persons that are located in the same
818	818	geographic region and that will be conducting similar activities under sub. (4), if the
819	819	applicant will be the entity conducting the activities under sub. (4).
820	820	(3) All of the following are persons eligible for a grant under this section:
821	821	(a) A person that spread biosolids or wastewater residuals contaminated by
822	822	PFAS in compliance with any applicable license or permit.
823	823	(b) A person that owns land upon which biosolids or wastewater residuals
824	824	contaminated by PFAS were spread in compliance with any applicable license or
825	825	permit.
826	826	(c) A fire department, public-use airport, as defined in s. 114.002 (18m), or
827	827	municipality that responded to an emergency that required the use of PFAS or that
828	828	conducted training for such an emergency in compliance with applicable federal
829	829	regulations.
830	830	(d) A solid waste disposal facility that accepted PFAS.
831	831	1
832	832	2
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834	834	4
835	835	5
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854	854	24 2025 - 2026 Legislature
855	855	ASSEMBLY BILL 131
856	856	- 19 - LRB-2174/1
857	857	MCP:skw/wlj/emw
858	858	SECTION 11
859	859	(e) A person that owns, leases, manages, or contracts for property on which
860	860	the PFAS contamination did not originate, unless the person also owns, leases,
861	861	manages, or contracts for the property on which the PFAS discharge originated.
862	862	(4) Grants under this section may be used to cover costs associated with
863	863	additional testing; environmental studies; engineering reports; clean drinking
864	864	water supplies, including temporary potable water, filtration, well replacement, or
865	865	interconnection to a municipal water supply; remediation costs; and any other cost
866	866	resulting from landspreading of contaminated biosolids, detection of groundwater
867	867	contamination, or other contamination events affecting the property.
868	868	(5) The department shall accept applications for grants and award grants
869	869	under this section on a rolling basis.
870	870	(6) Grants awarded under this section may not exceed $250,000 for each
871	871	eligible person. The department may require the recipient of a grant under this
872	872	section to provide matching funds in an amount not to exceed 5 percent of the
873	873	amount of the grant.
874	874	SECTION 12. NR 811.12 (1) (g) 2. of the administrative code is renumbered NR
875	875	811.12 (1) (g) 2. (intro.) and amended to read:
876	876	NR 811.12 (1) (g) 2. (intro.) Test wells to be converted to permanent wells or
877	877	test wells to be pumped at a rate of 70 gallons per minute or more for a period of
878	878	more than 72 hours All of the following test wells shall be approved by the
879	879	department prior to their construction.:
880	880	SECTION 13. NR 811.12 (1) (g) 2. a., b. and c. of the administrative code are
881	881	created to read:
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904	904	23 2025 - 2026 Legislature
905	905	ASSEMBLY BILL 131
906	906	- 20 - LRB-2174/1
907	907	MCP:skw/wlj/emw
908	908	SECTION 13
909	909	NR 811.12 (1) (g) 2. a. Test wells to be converted to permanent wells.
910	910	b. Test wells to be pumped at a rate of 70 gallons per minute or more for a
911	911	period of more than 72 hours.
912	912	c. Test wells located in special well casing depth areas that are designated by
913	913	the department as special well casing depth areas based in whole or in part on the
914	914	presence of perfluoroalkyl or polyfluoroalkyl substances. Approval under this subd.
915	915	2. c. shall include review and approval of specifications and plans relating to
916	916	drilling, well casing, and filling and sealing.
917	917	SECTION 14. PSC 184.06 of the administrative code is amended to read:
918	918	PSC 184.06 Emergency work. In case of an emergency resulting from the
919	919	failure of power supply or from fire, storm, or similar events, a utility may begin
920	920	necessary repair work without receiving prior commission authorization. In case of
921	921	an emergency resulting from the contamination of water supply, a utility may begin
922	922	necessary repair, temporary treatment, or other emergency work to address the
923	923	issue without receiving prior commission authorization. The utility shall promptly
924	924	notify the commission of the emergency work and shall, within 30 days after
925	925	commencing the work, furnish the commission with the information required under
926	926	s. PSC 184.04 (3).
927	927	SECTION 15. Nonstatutory provisions.
928	928	(1) PORTABLE TREATMENT SYSTEM PILOT. The department of natural resources
929	929	shall contract with an entity to conduct a pilot project in which surface water is
930	930	partially or fully diverted to a portable treatment system and treated water is
931	931	returned to the surface water. Project activities under this subsection shall be
932	932	1
933	933	2
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954	954	23 2025 - 2026 Legislature
955	955	ASSEMBLY BILL 131
956	956	- 21 - LRB-2174/1
957	957	MCP:skw/wlj/emw
958	958	SECTION 15
959	959	conducted at locations with surface water with the highest concentration of
960	960	perfluoroalkyl or polyfluoroalkyl substances and where a responsible party has not
961	961	been identified or the responsible party is unable to pay for remediation. The
962	962	department of natural resources and the entity contracted under this subsection
963	963	shall evaluate the success of the pilot project by conducting tests upstream and
964	964	downstream of the locations where the portable treatment system is used.
965	965	(2) REMEDIAL ACTION AT SITES CONTAMINATED BY PFAS. The department of
966	966	natural resources may begin response and remedial actions, including site
967	967	investigations, at any site contaminated by perfluoroalkyl or polyfluoroalkyl
968	968	substances where a responsible party has not been identified or where the
969	969	responsible party qualifies as an innocent landowner under s. 292.34. The
970	970	department of natural resources may contract with a 3rd party to conduct response
971	971	and remedial actions under this subsection. The department of natural resources
972	972	shall prioritize response and remedial actions at sites with the highest levels of
973	973	perfluoroalkyl or polyfluoroalkyl substances and sites with the greatest threats to
974	974	public health or the environment as a result of perfluoroalkyl or polyfluoroalkyl
975	975	substances.
976	976	(3) PFAS TESTING LABORATORIES.
977	977	(a) The department of natural resources and the Board of Regents of the
978	978	University of Wisconsin System shall enter into a memorandum of understanding
979	979	to jointly ensure that the state laboratory of hygiene provides guidance and other
980	980	materials, conducts training, and provides assistance to laboratories in this state
981	981	that are certified under s. 299.11 (7) to test for contaminants other than
982	982	1
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1004	1004	23 2025 - 2026 Legislature
1005	1005	ASSEMBLY BILL 131
1006	1006	- 22 - LRB-2174/1
1007	1007	MCP:skw/wlj/emw
1008	1008	SECTION 15
1009	1009	perfluoroalkyl or polyfluoroalkyl substances to become certified under s. 299.11 (7)
1010	1010	to test for perfluoroalkyl or polyfluoroalkyl substances, and to assist laboratories in
1011	1011	this state that are certified under s. 299.11 (7) to test for perfluoroalkyl or
1012	1012	polyfluoroalkyl substances in reducing the costs of such testing and shortening the
1013	1013	timeline for receiving such testing results.
1014	1014	(b) The Board of Regents of the University of Wisconsin System, in
1015	1015	coordination with the department of natural resources, may provide grants to
1016	1016	laboratories in this state that are certified under s. 299.11 (7) to test for
1017	1017	perfluoroalkyl or polyfluoroalkyl substances, or that are seeking such certification,
1018	1018	to assist with the cost of purchasing equipment necessary for testing for
1019	1019	perfluoroalkyl or polyfluoroalkyl substances. A grant under this paragraph may
1020	1020	not exceed 40 percent of the cost of such equipment. All laboratories in this state
1021	1021	that are certified under s. 299.11 (7) to test for perfluoroalkyl or polyfluoroalkyl
1022	1022	substances, or that are seeking such certification, shall be given equal opportunity
1023	1023	to receive a grant under this paragraph.
1024	1024	(c) The state laboratory of hygiene shall prepare a report on its efforts under
1025	1025	this subsection and shall deliver the report to the joint committee on finance and
1026	1026	the standing committees with jurisdiction over natural resources and the
1027	1027	environment no later than August 31, 2025.
1028	1028	(4) PFAS STUDIES AND REPORTING.
1029	1029	(a) In this subsection, XPFASY has the meaning given in s. 292.315 (1).
1030	1030	(b) The department of natural resources and the Board of Regents of the
1031	1031	University of Wisconsin System shall enter into a memorandum of understanding
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1054	1054	23 2025 - 2026 Legislature
1055	1055	ASSEMBLY BILL 131
1056	1056	- 23 - LRB-2174/1
1057	1057	MCP:skw/wlj/emw
1058	1058	SECTION 15
1059	1059	to jointly do all of the following, with the assistance of University of Wisconsin
1060	1060	institutions, the department of natural resources and other relevant state agencies,
1061	1061	county land and water conservation departments, and local 3rd parties, if available:
1062	1062	1. Study and analyze the cost, feasibility, and effectiveness of different
1063	1063	methods of treating PFAS before they are released into a water system or water
1064	1064	body.
1065	1065	2. Conduct a cost-benefit analysis of different options for disposing of biosolids
1066	1066	or sludge that contains or may contain PFAS.
1067	1067	3. Study and analyze the cost, feasibility, and effectiveness of different
1068	1068	destruction and disposal methods for PFAS.
1069	1069	4. For sites contaminated by PFAS, in consultation with persons who are able
1070	1070	and qualified to conduct environmental remediation in this state, study and
1071	1071	analyze the cost, feasibility, and effectiveness of different methods for remediating
1072	1072	PFAS that leave the contaminated medium in place and methods that remove the
1073	1073	contaminated medium.
1074	1074	5. Study and analyze the migration of PFAS into the bay of Green Bay,
1075	1075	including where the PFAS are entering the bay and what effects PFAS may have in
1076	1076	the bay.
1077	1077	6. Study and analyze the migration of PFAS into the Wisconsin River and its
1078	1078	tributaries and the Mississippi River and its tributaries, including where the PFAS
1079	1079	are entering surface waters and unconfined groundwater and what effects PFAS
1080	1080	may have in those rivers.
1081	1081	7. Create a comprehensive, interactive map showing all available PFAS
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1104	1104	23 2025 - 2026 Legislature
1105	1105	ASSEMBLY BILL 131
1106	1106	- 24 - LRB-2174/1
1107	1107	MCP:skw/wlj/emw
1108	1108	SECTION 15
1109	1109	testing data and whether each data point on the map exceeds any applicable
1110	1110	promulgated state or federal standard for PFAS. Such data may not contain any
1111	1111	personally identifiable information unless the entity to which the data applies is a
1112	1112	municipal entity that is required to test and disclose its results under ch. 281 or
1113	1113	283.
1114	1114	8. Conduct any additional studies related to PFAS, as approved by the joint
1115	1115	committee on finance.
1116	1116	(c) The Board of Regents of the University of Wisconsin System shall require
1117	1117	the University of Wisconsin-Madison division of extension to provide the map and
1118	1118	reports on the studies required under this subsection to the joint committee on
1119	1119	finance and the standing committees with jurisdiction over natural resources and
1120	1120	the environment no later than 2 years after the effective date of this paragraph.
1121	1121	(5) REPORTS TO LEGISLATURE ON PROGRESS UNDER THIS ACT. For a period of 3
1122	1122	years after the effective date of this subsection, the department of natural resources
1123	1123	shall, every 6 months, submit a report to the joint committee on finance and to the
1124	1124	standing committees with jurisdiction over natural resources and the environment.
1125	1125	The first report under this subsection shall be submitted no later than 6 months
1126	1126	after the effective date of this subsection. The report shall include a detailed
1127	1127	description of the department[s expenditures under this act and a detailed
1128	1128	description of the department[s progress in implementing the provisions of this act.
1129	1129	(6) PFAS TESTING. In the 2025-27 fiscal biennium, the department of natural
1130	1130	resources shall conduct additional voluntary PFAS testing activities.
1131	1131	(7) FIREFIGHTING FOAM. The department of natural resources shall survey or
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1154	1154	23 2025 - 2026 Legislature
1155	1155	ASSEMBLY BILL 131
1156	1156	- 25 - LRB-2174/1
1157	1157	MCP:skw/wlj/emw
1158	1158	SECTION 15
1159	1159	resurvey local fire departments about their use and possession of PFAS-containing
1160	1160	firefighting foam, send communications and information regarding PFAS-
1161	1161	containing firefighting foam, and contract with a 3rd party to voluntarily collect
1162	1162	PFAS-containing firefighting foam.
1163	1163	SECTION 16. Effective dates. This act takes effect on the day after
1164	1164	publication, except as follows:
1165	1165	(1) ADMINISTRATIVE RULES. The treatment of administrative rules takes effect
1166	1166	as provided in s. 227.265.
1167	1167	(END)
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