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2025 SENATE BILL 128
March 14, 2025 - Introduced by Senators WIMBERGER, CABRAL-GUEVARA,
FELZKOWSKI, NASS and TOMCZYK, cosponsored by Representatives MURSAU,
SWEARINGEN, ARMSTRONG, BEHNKE, FRANKLIN, GREEN, GUNDRUM, B.
JACOBSON, KNODL, MAXEY, NOVAK, O'CONNOR, SPIROS, STEFFEN, TUCKER and
TUSLER. Referred to Committee on Natural Resources, Veteran and Military
Affairs.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to renumber 281.58 (8e); to amend 281.61 (6) and 281.75 (7) (c) 2. a.;
to create 66.0811 (4), 196.49 (7), 281.58 (8e) (bm), 281.75 (5m), 292.11 (9) (g),
292.315, 292.32 and 292.34 of the statutes; relating to: programs and
requirements to address PFAS.
Analysis by the Legislative Reference Bureau
This bill creates several new programs and requirements relating to PFAS,
which is defined in the bill to mean any perfluoroalkyl or polyfluoroalkyl substance.
Municipal PFAS grant program
The bill requires the Department of Natural Resources to create a municipal
PFAS grant program, which applies only to types of PFAS for which there is a state
or federal standard, a public health recommendation from the Department of
Health Services, or a health advisory issued by the federal Environmental
Protection Agency. Under the bill, the municipal PFAS grant program provides all
of the following grants:
1. Grants to municipalities (defined under current law as a city, town, village,
county, county utility district, town sanitary district, public inland lake protection
and rehabilitation district, or metropolitan sewage district) for PFAS testing at
municipal water systems and municipal wastewater treatment facilities, or for
reimbursement for such testing if performed at properties owned, leased, managed,
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or contracted for by municipalities and if there are promulgated standards for those
types of PFAS.
2. Grants to nonmunicipal entities regulated as public or community water
systems, distributed in equal shares up to $1,800, to test their drinking water
supply for PFAS, if required to do so by DNR, or for reimbursement for such testing.
3. Grants to privately owned landfills, in equal shares up to $15,000, to test
for the presence of PFAS in leachate.
4. Grants to municipalities to test for PFAS levels at municipally owned,
leased, managed, or contracted locations where PFAS may be present, including
testing for PFAS levels in leachate at landfills. If the property to be tested is not
owned by the municipality, DNR may not issue a grant unless the property owner
gives the municipality written consent to enter the property and conduct testing.
These grants are not available to municipalities that receive a grant under this
program to test for PFAS at municipal water systems and municipal wastewater
treatment facilities. For these grants, DNR may require matching funds of up to 20
percent from the applicant.
5. Grants to municipalities and privately owned landfills to dispose of PFAS-
containing biosolids or leachate at facilities that accept such biosolids or leachate or
to purchase and install on-site treatment systems to address PFAS contained in
biosolids or leachate. For these grants, DNR may require matching funds of up to
20 percent from the applicant and the grants may not be used for costs associated
with landspreading.
6. Grants for capital costs or debt service, including for facility upgrades or
new infrastructure, to municipalities that are small or disadvantaged or in which
rates for water or wastewater utilities will increase by more than 20 percent as a
direct result of steps taken to address PFAS contamination. When issuing these
grants, DNR must give priority to projects that are necessary to address an
exceedence of an applicable state or federal standard.
7. Grants to municipalities for capital costs or other costs related to PFAS that
are not otherwise paid from the segregated environmental improvement fund,
including costs for addressing landfills or other contaminated lands owned, leased,
managed, or contracted for by municipalities or costs incurred by fire departments;
grants to municipalities for the preparation and implementation of pollutant
minimization plans; and grants to municipalities for costs incurred by public
utilities or metropolitan sewerage districts for pretreatment or other PFAS
reduction measures in certain circumstances. For these grants, DNR may require
matching funds of up to 20 percent from the applicant.
For all of the grants provided under the municipal PFAS grant program, DNR
may not require a grant recipient to take any action to address PFAS unless PFAS
levels exceed any applicable standard under state or federal law. The bill also
prohibits DNR from publicly disclosing the results of any PFAS testing conducted
under this grant program unless DNR notifies the grant recipient at least 72 hours
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Current law provides that whenever a state agency is authorized to provide
state funds to any county, city, village, or town for any purpose, funds may also be
granted by that agency to any federally recognized tribal governing body for the
same purpose.
Innocent landowner grant program
The bill also requires DNR to create an innocent landowner grant program,
which applies only to types of PFAS for which there is a state or federal standard, a
public health recommendation from the Department of Health Services, or a health
advisory issued by the federal Environmental Protection Agency.
Under the program, DNR may provide grants to an eligible person or to a
person who is applying on behalf of multiple eligible persons that are located in the
same geographic region, if the applicant will be the entity performing any
authorized activities. Under the program, an Xeligible personY is 1) a person that
spread biosolids or wastewater residuals contaminated by PFAS in compliance with
any applicable license or permit, 2) a person that owns land upon which biosolids or
wastewater residuals contaminated by PFAS were spread in compliance with any
applicable license or permit, 3) a fire department, public-use airport, or
municipality that responded to emergencies that required the use of PFAS or that
conducted training for such emergencies in compliance with applicable federal
regulations, 4) a solid waste disposal facility that accepted PFAS, and 5) a person
that owns, leases, manages, or contracts for property on which the PFAS
contamination did not originate, unless the person also owns, leases, manages, or
contracts for the property on which the PFAS discharge originated.
The total amount of grants awarded to each eligible person may not exceed
$250,000 and DNR may require grant recipients to provide matching funds of not
more than 5 percent of the grant amount.
Under current law provisions known as the Xspills law,Y a person that
possesses or controls a hazardous substance or that causes the discharge of a
hazardous substance must notify DNR immediately, restore the environment to the
extent practicable, and minimize the harmful effects from the discharge. If action
is not being adequately taken, or the identity of the person responsible for the
discharge is unknown, DNR may take emergency action to contain or remove the
hazardous substance; the person that possessed or controlled the hazardous
substance that was discharged or that caused the discharge of the hazardous
substance must then reimburse DNR for expenses DNR incurred in taking such
emergency actions. The spills law allows DNR to enter property to take emergency
action if entry is necessary to prevent increased environmental damages, and to
inspect any record relating to a hazardous substance for the purpose of determining
compliance with the spills law. DNR may also require that preventive measures be
taken by any person possessing or having control over a hazardous substance if
existing control measures are inadequate to prevent discharges.
Spills law exemptions
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grant program, the person is exempt from all of the provisions under the spills law
described above with respect to PFAS contamination, if the person grants DNR
permission to remediate the land at DNR[s expense.
If a person is not eligible for a grant under the innocent landowner grant
program, the person is exempt from all of the provisions under the spills law
described above, based on the results of any PFAS testing conducted on samples
taken from lands not owned by the state, unless PFAS levels violate any applicable
state or federal law, including any standard promulgated under state or federal law.
Limitations on DNR actions relating to PFAS
Under the bill, DNR may not prevent, delay, or otherwise impede any
construction project or project of public works based on a presence of PFAS
contamination unless DNR determines that 1) the project poses a substantial risk
to public health or welfare, 2) there is a substantial risk that the project will create
worsening environmental conditions, 3) the entity proposing to complete the project
is responsible for the original contamination, as a result of conduct that was
reckless or was done with the intent to discharge PFAS into the environment, or 4)
DNR is specifically required under the federal Clean Water Act to prevent, delay, or
otherwise impede the project. XPublic worksY is defined to mean the physical
structures and facilities developed or acquired by a local unit of government or a
federally recognized American Indian tribe or band in this state to provide services
and functions for the benefit and use of the public, including water, sewerage, waste
disposal, utilities, and transportation, and privately owned landfills that accept
residential waste.
In addition, under the bill, if DNR seeks to collect samples from lands not
owned by the state based on permission from the landowner, such permission must
be in writing, and DNR must notify the landowner that such permission includes
the authority to collect samples, to test those samples, and to publicly disclose the
results of that testing. The landowner may revoke such permission at any time
prior to the collection of samples. Under the bill, DNR also may not publicly
disclose such PFAS testing results unless it notifies the landowner of the test
results at least 72 hours before publicly disclosing them.
The bill also requires DNR, or a third-party contract by DNR, to respond in a
timely manner to requests from any person to conduct PFAS testing on samples
taken from the person[s property if practicable and if funds are available to do so, if
there is a reasonable belief that PFAS contamination may be present on the
property, and if existing information such as public water supply testing data is not
available.
The bill also requires DNR, in the 2025-27 fiscal biennium, to increase its
voluntary PFAS testing activities.
Firefighting foam
The bill requires DNR to survey or resurvey local fire departments about their
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information regarding PFAS-containing firefighting foam, and contract with a third
party to voluntarily collect PFAS-containing firefighting foam.
Well compensation grant program
Under current law, an individual owner or renter of a contaminated private
well, subject to eligibility requirements, may apply for a grant from DNR to cover a
portion of the costs to treat the water, reconstruct the well, construct a new well,
connect to a public water supply, or fill and seal the well. The bill provides that a
grant for costs to treat the water may be used to cover the cost of a filtration device
and up to two replacement filters.
In addition, under the bill, if DNR determines that a claimant who is applying
for a grant under the well compensation grant program on the basis of PFAS
contamination would be eligible for a grant under the innocent landowner grant
program created under the bill, and funding under that program is available, DNR
must refer the claimant[s application to that program instead of processing it under
the well compensation grant program. If the claimant is denied under the innocent
landowner grant program, DNR must refer the claim back to the well compensation
grant program.
Portable water treatment system pilot project
The bill requires DNR to contract with an entity to conduct a pilot project in
which PFAS-contaminated surface water is partially or fully diverted to a portable
treatment system and treated water is returned to the surface water. DNR and the
entity must conduct tests to evaluate the success of the pilot project.
Remedial action at sites contaminated by PFAS
The bill allows DNR, or a contracted third party, to begin response and
remedial actions, including site investigations, at any PFAS-contaminated site
where a responsible party has not been identified or where the responsible party
qualifies for a grant under the innocent landowner grant program. The bill directs
DNR to prioritize response and remedial actions at sites that have the highest
levels of PFAS contamination and sites with the greatest threats to public health or
the environment because of PFAS.
Assistance for testing laboratories
The bill requires DNR and the Board of Regents of the University of Wisconsin
System to enter into a memorandum of understanding to ensure that the state
laboratory of hygiene provides guidance and other materials, conducts training, and
provides assistance to laboratories in this state that are certified to test for
contaminants other than PFAS in order for them to become certified to test for
PFAS, and to assist laboratories certified to test for PFAS in this state to reduce
their testing costs and shorten the timeline for receiving test results.
Under the bill, the Board of Regents, in coordination with DNR, may provide
grants to laboratories in this state that are certified to test for PFAS, or that are
seeking such certification, to assist with up to 40 percent of the costs of purchasing
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The bill requires the state laboratory of hygiene to prepare a report on these
efforts and provide the report to the legislature.
PFAS studies and reporting
The bill requires DNR and the Board of Regents of the University of Wisconsin
System to enter into a memorandum of understanding to 1) study and analyze the
cost, feasibility, and effectiveness of different methods of treating PFAS before they
are released into a water system or water body; 2) conduct a cost-benefit analysis of
different options for disposing of biosolids or sludge that contains or may contain
PFAS; 3) study and analyze the cost, feasibility, and effectiveness of different
destruction and disposal methods for PFAS; 4) study and analyze the cost,
feasibility, and effectiveness of different methods for remediating PFAS that leave
the contaminated medium in place and methods that remove the contaminated
medium; 5) study and analyze the migration of PFAS into the bay of Green Bay; 6)
study and analyze the migration of PFAS into the Wisconsin and Mississippi Rivers
and their tributaries; 7) conduct any additional studies related to PFAS, as
approved by the Joint Committee on Finance; and 8) create a comprehensive,
interactive map showing all available PFAS testing data and, for each data point,
whether it exceeds any applicable state or federal standard for PFAS. Such data
may not contain any personally identifiable information unless the entity to which
the data applies is a municipal entity that is required to test and disclose its results
under state law.
DNR reporting requirements
The bill requires DNR to report to the legislature once every six months for a
period of three years to provide a detailed description of DNR[s expenditures under
the bill and a detailed description of DNR[s progress in implementing the
provisions of the bill.
Clean Water Fund Program and Safe Drinking Water Loan Program
Under current law, the Department of Administration and DNR administer
the Safe Drinking Water Loan Program (SDWLP), which provides financial
assistance to municipalities, and to the private owners of community water systems
that serve municipalities, for projects that will help the municipalities comply with
federal drinking water standards. DNR establishes a funding priority list for
SDWLP projects, and DOA allocates funding for those projects. Also under current
law, DNR administers the Clean Water Fund Program (CWFP), which provides
financial assistance to municipalities for projects to control water pollution, such as
sewage treatment plants.
Under the bill, if DNR, when ranking SDWLP or CWFP projects or
determining an applicant[s eligibility for assistance under those programs,
considers whether an applicant that intends to extend service outside municipal
boundaries because of water contamination is XsmallY or Xdisadvantaged,Y DNR
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regardless of whether the existing service area would normally be determined to be
small or disadvantaged.
Public water utility projects
Under current law, a public utility may not engage in certain construction,
expansion, or other projects unless the Public Service Commission grants a
certificate of authority (CA) for the proposed project. Under the bill, if a water
public utility or a combined water and sewer public utility (water utility) fails to
obtain a CA before commencing a project for which one is required, PSC may not
investigate, impose a penalty against, or bring an action to enjoin the water utility
if 1) the water utility undertook the project in response to a public health concern
caused by PFAS, the presence of which was unknown to the water utility until
shortly before it commenced the project, and the water utility provides evidence
showing that the utility has exceeded or is likely to exceed the applicable state or
federal standard for that type of PFAS; 2) the water utility promptly notifies PSC of
the work and, within 30 days after commencing the work, submits the appropriate
application and supporting documentation to PSC; and 3) the total cost of the
project is not greater than $2,000,000.
In the PSC administrative code, the bill adds an emergency resulting from
water supply contamination to the circumstances under which PSC authorization is
not necessary prior to a utility beginning necessary repair work. The current
administrative code limits this to an emergency resulting from the failure of power
supply or from fire, storm, or similar events.
Use of revenue for PFAS source reduction measures
The bill authorizes a municipal public utility or metropolitan sewerage
district to use revenues from its water or sewerage services for up to half of the cost
of pretreatment or other PFAS source reduction measures for an interconnected
customer or other regular customer if the costs incurred are less than the costs of
the upgrades otherwise required at the endpoint treatment facility and if the costs
are approved by the governing body of the municipality or the metropolitan
sewerage district.
Test wells for community water systems
Under rules promulgated by DNR relating to community water systems (a
system for providing piped water for human consumption to the public and that
serves at least 15 service connections used by year-round residents or regularly
serves at least 25 year-round residents), DNR must preapprove any test wells that
will be converted into permanent wells and any test wells that will pump at least 70
gallons per minute for more than 72 hours. DNR rules require test wells to be
drilled for permanent wells for community water systems to determine geologic
formation information and water quality and quantity data. DNR rules also allow
DNR to designate special well casing depth areas within which wells must be
drilled to a greater depth and meet other requirements to avoid contamination.
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approved by DNR if they are located in special well casing depth areas that have
been designated based in whole or in part on the presence of PFAS.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 66.0811 (4) of the statutes is created to read:
66.0811 (4) Notwithstanding subs. (2) and (3) and s. 66.0901 (11), a municipal
public utility or a metropolitan sewerage district created under ch. 200 may use
funds derived from its water or sewerage services for up to one-half the cost of
pretreatment or other perfluoroalkyl and polyfluoroalkyl substances source
reduction measures for an interconnected customer or other regular customer if the
costs incurred are less than the costs of the upgrades otherwise required at the
endpoint treatment facility and if the costs are approved by the governing body of
the municipality or the metropolitan sewerage district.
SECTION 2. 196.49 (7) of the statutes is created to read:
196.49 (7) With respect to a water public utility or a combined water and
sewer public utility, the commission may not investigate, impose a penalty against,
or bring an action to enjoin the public utility for failing to obtain a certificate of
authority before commencing a project for which one is required under this section
if all of the following apply:
(a) The public utility undertook the project in response to a public health
concern caused by PFAS, as defined in s. 292.315 (1), the presence of which was
unknown to the public utility until shortly before it commenced the project, and the
public utility provides evidence showing that the utility has exceeded or is likely to
exceed the applicable promulgated state or federal standard for that type of PFAS.
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(b) The public utility promptly notifies the commission of the work and,
within 30 days after commencing the work, submits the appropriate application
and supporting documentation to the commission.
(c) The total cost of the project is not greater than $2,000,000.
SECTION 3. 281.58 (8e) of the statutes is renumbered 281.58 (8e) (am).
SECTION 4. 281.58 (8e) (bm) of the statutes is created to read:
281.58 (8e) (bm) If the department, when ranking projects under this
subsection or determining an applicant[s eligibility for assistance under this
section, considers whether an applicant that intends to extend service outside the
boundaries of a municipality because of water contamination is small or
disadvantaged, the department shall, to the extent allowable under federal law,
determine the applicant to be small or disadvantaged if the area receiving the
extended service would normally be determined to be small or disadvantaged,
regardless of whether the existing service area would normally be determined to be
small or disadvantaged.
SECTION 5. 281.61 (6) of the statutes is amended to read:
281.61 (6) PRIORITY LIST. The department shall establish a priority list that
ranks each safe drinking water loan program project. The department shall
promulgate rules for determining project rankings that, to the extent possible, give
priority to projects that address the most serious risks to human health, that are
necessary to ensure compliance with the Safe Drinking Water Act, 42 USC 300f to
300j-26, and that assist applicants that are most in need on a per household basis,
according to affordability criteria specified in the rules. For the purpose of ranking
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projects under this subsection, the department shall treat a project to upgrade a
public water system to provide continuous disinfection of the water that it
distributes as if the public water system were a surface water system that federal
law requires to provide continuous disinfection. If the department, when ranking
projects under this subsection or determining an applicant[s eligibility for
assistance under this section, considers whether an applicant that intends to
extend service outside the boundaries of a local governmental unit because of water
contamination is small or disadvantaged, the department shall, to the extent
allowable under federal law, determine the applicant to be small or disadvantaged
if the area receiving the extended service would normally be determined to be small
or disadvantaged, regardless of whether the existing service area would normally
be determined to be small or disadvantaged.
SECTION 6. 281.75 (5m) of the statutes is created to read:
281.75 (5m) REFERRAL TO THE INNOCENT LANDOWNER GRANT PROGRAM. If the
department determines that a claimant that submits a claim under this section on
the basis of contamination by perfluoroalkyl or polyfluoroalkyl substances would be
eligible for a grant under the innocent landowner grant program under s. 292.34,
and moneys are available under s. 292.34, the department shall refer the claim to
the program under s. 292.34 instead of reviewing the claim under this section. If
the claimant[s claim is denied under s. 292.34, the department shall refer the claim
back to the program under this section.
SECTION 7. 281.75 (7) (c) 2. a. of the statutes is amended to read:
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281.75 (7) (c) 2. a. Equipment used for treating the water, including a
filtration device and up to 2 replacement filters;
SECTION 8. 292.11 (9) (g) of the statutes is created to read:
292.11 (9) (g) 1. In this section, XPFASY means any perfluoroalkyl or
polyfluoroalkyl substance.
2. All of the persons eligible for an innocent landowner grant under s. 292.34
(3) (a) to (e) are exempt from subs. (3), (4), and (7) (b) and (c) with respect to PFAS
contamination if the person grants permission to the department to remediate the
land at the department[s expense.
3. A person not otherwise exempt under subd. 2. is exempt from subs. (3), (4),
and (7) (b) and (c) with respect to PFAS contamination based on the results of PFAS
testing on samples taken from lands not owned by the state, unless that testing
demonstrates that PFAS levels violate any applicable state or federal law, including
any standard promulgated under state or federal law. This subdivision does not
limit the ability of a landowner or other authorized party to voluntarily take
remedial action based on PFAS test results collected by the department.
SECTION 9. 292.315 of the statutes is created to read:
292.315 Municipal PFAS grant program. (1) DEFINITION. In this section,
XPFASY means any perfluoroalkyl or polyfluoroalkyl substance.
(1m) APPLICABILITY. This section applies only to PFAS for which there is a
state or federal standard, a public health recommendation from the department of
health services under s. 160.07, or a health advisory issued by the federal
environmental protection agency.
(2) GRANTS. The department shall provide all of the following grants:
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(a) Grants to municipalities to test for PFAS levels at municipal water
systems and municipal wastewater treatment facilities, or to reimburse
municipalities for PFAS testing performed at properties owned, leased, managed,
or contracted for by those municipalities after applicable standards for the chemical
being tested have been promulgated. The department shall base the amount of
grant awards under this paragraph on the cost of testing and the amount of testing
needed in each community, while ensuring that funding is available to every
eligible applicant that submits a claim under this paragraph. The department may
not require a municipality that submits a claim for a grant under this paragraph to
provide information other than the basic information necessary to process the claim
and may not require the recipient of a grant under this paragraph to provide any
matching funds.
(b) Grants, provided in equal shares not to exceed $1,800, to entities that are
not municipalities and that are regulated as public or community water systems for
the entity to test its drinking water supply for PFAS if required to do so by the
department, or for reimbursement to the entity for PFAS testing performed after
applicable standards for the chemical being tested have been promulgated. An
entity that is not a municipality may apply to the department one time for a grant
under this paragraph, by a deadline set by the department. The department may
not require the recipient of a grant under this paragraph to provide any matching
funds.
(c) Grants, provided in equal shares not to exceed $15,000, to the owner or
manager of, or the holder of a solid waste facility license issued by the department
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for, privately owned solid waste disposal facilities to test for the presence of PFAS in
leachate. An entity may apply to the department one time for a grant under this
paragraph, by a deadline set by the department. The department may not require
the recipient of a grant under this paragraph to provide any matching funds.
(d) Grants to municipalities to test for PFAS levels at locations that are
owned, leased, managed, or contracted for by a municipality and where PFAS may
be present, including airports, water systems, wastewater treatment facilities, or
contaminated lands, and to test for PFAS levels in leachate at solid waste disposal
facilities that are owned, leased, managed, or contracted for by a municipality. If
the property is not owned by the municipality, the department may not issue a
grant under this paragraph unless the property owner has given the municipality
written consent for the municipality to enter the property and conduct testing or
the ability to enter the property and conduct testing is permitted under an existing
agreement between the property owner and the municipality. The department may
not provide a grant under this paragraph to test for PFAS in a water system or
wastewater treatment facility if the applicant has received a grant under par. (a),
unless the applicant demonstrates that it has used all of the grant funds provided
to it under par. (a). The department shall accept applications for grants and
provide grants under this paragraph on a rolling basis. The department may not
require the recipient of a grant under this paragraph to provide matching funds in
an amount greater than 20 percent of the amount of the grant.
(e) Grants to municipalities and the owner or manager of, or the holder of a
solid waste facility license issued by the department for, privately owned solid waste
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disposal facilities to dispose of PFAS-containing biosolids or leachate at facilities
that accept such biosolids or leachate or to purchase and install on-site treatment
systems to address PFAS contained in biosolids or leachate. Grant moneys received
under this paragraph may not be used for any cost associated with landspreading.
The department may not require the recipient of a grant under this paragraph to
provide matching funds in an amount greater than 20 percent of the amount of the
grant.
(f) Grants for capital costs or debt service, including for facility upgrades or
new infrastructure, to municipalities that are small or disadvantaged or in which
rates for water or wastewater utilities will increase by more than 20 percent as a
direct result of steps taken to address PFAS contamination. A grant provided
under this paragraph may not exceed 50 percent of the municipality[s capital or
debt service costs, and no municipality may receive grants under this paragraph
that total more than 20 percent of the funding available for grants under this
paragraph. The department shall give priority under this paragraph to projects
that are necessary to address an exceedance of an applicable promulgated state or
federal standard. The department shall accept applications for grants and provide
grants under this paragraph on a rolling basis. A municipality may submit an
application for a grant under this program at the same time as submitting an
application for financial assistance under s. 281.58 or 281.61.
(g) Grants to municipalities for capital costs or other costs related to PFAS
that are not otherwise paid from the environmental improvement fund, including
costs for addressing solid waste disposal facilities or other contaminated lands
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owned, leased, managed, or contracted for by the municipality and costs incurred by
fire departments, including to replace PFAS-containing firefighting foam; grants to
municipalities for the preparation and implementation of pollutant minimization
plans; and grants to municipalities for costs incurred by municipal public utilities
or metropolitan sewerage districts created under ch. 200 for pretreatment or other
PFAS source reduction measures for an interconnected customer or other regular
customer if the costs incurred are less than the costs of the upgrades otherwise
required at the endpoint treatment facility and if the costs are approved by the
governing body of the municipality or the metropolitan sewerage district. No
municipality may receive grants under this paragraph that total more than 20
percent of the funding available for grants under this paragraph. The department
may not require the recipient of a grant under this paragraph to provide matching
funds in an amount greater than 20 percent of the amount of the grant. The
department shall accept applications for grants and provide grants under this
paragraph on a rolling basis.
(3) LIMITATIONS. (a) The department may not require the recipient of a grant
under sub. (2) to take action to address PFAS contamination unless testing
demonstrates that PFAS levels exceed the amount allowed under any applicable
state or federal law, including any standard promulgated under state or federal law.
(b) The department may not publicly disclose the results of any PFAS testing
conducted under this section unless the department notifies the grant recipient at
least 72 hours before publicly disclosing any test result. This paragraph does not
apply to any testing required or conducted under ch. 281 or 283.
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SECTION 10. 292.32 of the statutes is created to read:
292.32 Limitations on department actions relating to PFAS. (1)
DEFINITIONS. In this section:
(a) XConstruction projectY means a building project that will affect one or
more parcels.
(b) XPFASY has the meaning given in s. 292.315 (1).
(c) XPublic worksY means the physical structures and facilities developed or
acquired by a local unit of government or a federally recognized American Indian
tribe or band in this state to provide services and functions for the benefit and use
of the public, including water, sewerage, waste disposal, utilities, and
transportation, and privately owned solid waste disposal facilities that accept
residential waste.
(2) CONSTRUCTION PROJECTS. Notwithstanding any conflicting provisions of
this chapter, the department may not prevent, delay, or otherwise impede any
construction project or project of public works on the basis of a presence of PFAS
contamination unless the department determines any of the following:
(a) The project poses a substantial risk to public health or welfare.
(b) There is a substantial risk that the project will create worsening
environmental conditions.
(c) The entity proposing to complete the project is responsible for the original
contamination, as a result of conduct that was reckless or was done with the intent
to discharge PFAS into the environment.
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(d) The department is specifically required under the federal Clean Water Act
to prevent, delay, or otherwise impede the project.
(3) PFAS TESTING ON NONSTATE LANDS. If department staff or a 3rd-party
entity contracted by the department seeks to conduct voluntary testing under this
chapter for PFAS, all of the following shall apply:
(a) If the department, or an entity contracted by the department, seeks to
collect voluntary samples from lands not owned by the state based on permission
from the landowner, such permission shall be in writing, and the department shall
notify the landowner that such permission includes the authority to collect samples,
to test those samples, and to publicly disclose the results of that testing. A
landowner may revoke such permission at any time prior to the collection of
samples.
(b) The department may not publicly disclose the results of any PFAS testing
conducted on samples taken from lands not owned by the state unless the
department notifies the landowner of the test results at least 72 hours before
publicly disclosing the test results.
(4) PFAS TESTING REQUESTS. The department shall, in a timely manner,
respond to requests from any person to conduct PFAS testing on samples taken
from the person[s property if practicable and if funds are available to do so, if there
is a reasonable belief that PFAS contamination may be present on the property, and
if existing information such as public water supply testing data is not available.
The department may contract with a 3rd party to respond to requests for testing
under this subsection.
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SECTION 11. 292.34 of the statutes is created to read:
292.34 Innocent landowner grant program; limitations on
enforcement action. (1) In this section, XPFASY has the meaning given in s.
292.315 (1).
(1m) This section applies only to PFAS for which there is a state or federal
standard, a public health recommendation from the department of health services
under s. 160.07, or a health advisory issued by the federal environmental protection
agency.
(2) The department shall administer a program under which the department
may provide a grant to an eligible person under sub. (3) or to a person who is
applying on behalf of multiple eligible persons that are located in the same
geographic region and that will be conducting similar activities under sub. (4), if the
applicant will be the entity conducting the activities under sub. (4).
(3) All of the following are persons eligible for a grant under this section:
(a) A person that spread biosolids or wastewater residuals contaminated by
PFAS in compliance with any applicable license or permit.
(b) A person that owns land upon which biosolids or wastewater residuals
contaminated by PFAS were spread in compliance with any applicable license or
permit.
(c) A fire department, public-use airport, as defined in s. 114.002 (18m), or
municipality that responded to an emergency that required the use of PFAS or that
conducted training for such an emergency in compliance with applicable federal
regulations.
(d) A solid waste disposal facility that accepted PFAS.
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(e) A person that owns, leases, manages, or contracts for property on which
the PFAS contamination did not originate, unless the person also owns, leases,
manages, or contracts for the property on which the PFAS discharge originated.
(4) Grants under this section may be used to cover costs associated with
additional testing; environmental studies; engineering reports; clean drinking
water supplies, including temporary potable water, filtration, well replacement, or
interconnection to a municipal water supply; remediation costs; and any other cost
resulting from landspreading of contaminated biosolids, detection of groundwater
contamination, or other contamination events affecting the property.
(5) The department shall accept applications for grants and award grants
under this section on a rolling basis.
(6) Grants awarded under this section may not exceed $250,000 for each
eligible person. The department may require the recipient of a grant under this
section to provide matching funds in an amount not to exceed 5 percent of the
amount of the grant.
SECTION 12. NR 811.12 (1) (g) 2. of the administrative code is renumbered NR
811.12 (1) (g) 2. (intro.) and amended to read:
NR 811.12 (1) (g) 2. (intro.) Test wells to be converted to permanent wells or
test wells to be pumped at a rate of 70 gallons per minute or more for a period of
more than 72 hours All of the following test wells shall be approved by the
department prior to their construction.:
SECTION 13. NR 811.12 (1) (g) 2. a., b. and c. of the administrative code are
created to read:
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NR 811.12 (1) (g) 2. a. Test wells to be converted to permanent wells.
b. Test wells to be pumped at a rate of 70 gallons per minute or more for a
period of more than 72 hours.
c. Test wells located in special well casing depth areas that are designated by
the department as special well casing depth areas based in whole or in part on the
presence of perfluoroalkyl or polyfluoroalkyl substances. Approval under this subd.
2. c. shall include review and approval of specifications and plans relating to
drilling, well casing, and filling and sealing.
SECTION 14. PSC 184.06 of the administrative code is amended to read:
PSC 184.06 Emergency work. In case of an emergency resulting from the
failure of power supply or from fire, storm, or similar events, a utility may begin
necessary repair work without receiving prior commission authorization. In case of
an emergency resulting from the contamination of water supply, a utility may begin
necessary repair, temporary treatment, or other emergency work to address the
issue without receiving prior commission authorization. The utility shall promptly
notify the commission of the emergency work and shall, within 30 days after
commencing the work, furnish the commission with the information required under
s. PSC 184.04 (3).
SECTION 15. Nonstatutory provisions.
(1) PORTABLE TREATMENT SYSTEM PILOT. The department of natural resources
shall contract with an entity to conduct a pilot project in which surface water is
partially or fully diverted to a portable treatment system and treated water is
returned to the surface water. Project activities under this subsection shall be
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conducted at locations with surface water with the highest concentration of
perfluoroalkyl or polyfluoroalkyl substances and where a responsible party has not
been identified or the responsible party is unable to pay for remediation. The
department of natural resources and the entity contracted under this subsection
shall evaluate the success of the pilot project by conducting tests upstream and
downstream of the locations where the portable treatment system is used.
(2) REMEDIAL ACTION AT SITES CONTAMINATED BY PFAS. The department of
natural resources may begin response and remedial actions, including site
investigations, at any site contaminated by perfluoroalkyl or polyfluoroalkyl
substances where a responsible party has not been identified or where the
responsible party qualifies as an innocent landowner under s. 292.34. The
department of natural resources may contract with a 3rd party to conduct response
and remedial actions under this subsection. The department of natural resources
shall prioritize response and remedial actions at sites with the highest levels of
perfluoroalkyl or polyfluoroalkyl substances and sites with the greatest threats to
public health or the environment as a result of perfluoroalkyl or polyfluoroalkyl
substances.
(3) PFAS TESTING LABORATORIES.
(a) The department of natural resources and the Board of Regents of the
University of Wisconsin System shall enter into a memorandum of understanding
to jointly ensure that the state laboratory of hygiene provides guidance and other
materials, conducts training, and provides assistance to laboratories in this state
that are certified under s. 299.11 (7) to test for contaminants other than
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perfluoroalkyl or polyfluoroalkyl substances to become certified under s. 299.11 (7)
to test for perfluoroalkyl or polyfluoroalkyl substances, and to assist laboratories in
this state that are certified under s. 299.11 (7) to test for perfluoroalkyl or
polyfluoroalkyl substances in reducing the costs of such testing and shortening the
timeline for receiving such testing results.
(b) The Board of Regents of the University of Wisconsin System, in
coordination with the department of natural resources, may provide grants to
laboratories in this state that are certified under s. 299.11 (7) to test for
perfluoroalkyl or polyfluoroalkyl substances, or that are seeking such certification,
to assist with the cost of purchasing equipment necessary for testing for
perfluoroalkyl or polyfluoroalkyl substances. A grant under this paragraph may
not exceed 40 percent of the cost of such equipment. All laboratories in this state
that are certified under s. 299.11 (7) to test for perfluoroalkyl or polyfluoroalkyl
substances, or that are seeking such certification, shall be given equal opportunity
to receive a grant under this paragraph.
(c) The state laboratory of hygiene shall prepare a report on its efforts under
this subsection and shall deliver the report to the joint committee on finance and
the standing committees with jurisdiction over natural resources and the
environment no later than August 31, 2025.
(4) PFAS STUDIES AND REPORTING.
(a) In this subsection, XPFASY has the meaning given in s. 292.315 (1).
(b) The department of natural resources and the Board of Regents of the
University of Wisconsin System shall enter into a memorandum of understanding
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to jointly do all of the following, with the assistance of University of Wisconsin
institutions, the department of natural resources and other relevant state agencies,
county land and water conservation departments, and local 3rd parties, if available:
1. Study and analyze the cost, feasibility, and effectiveness of different
methods of treating PFAS before they are released into a water system or water
body.
2. Conduct a cost-benefit analysis of different options for disposing of biosolids
or sludge that contains or may contain PFAS.
3. Study and analyze the cost, feasibility, and effectiveness of different
destruction and disposal methods for PFAS.
4. For sites contaminated by PFAS, in consultation with persons who are able
and qualified to conduct environmental remediation in this state, study and
analyze the cost, feasibility, and effectiveness of different methods for remediating
PFAS that leave the contaminated medium in place and methods that remove the
contaminated medium.
5. Study and analyze the migration of PFAS into the bay of Green Bay,
including where the PFAS are entering the bay and what effects PFAS may have in
the bay.
6. Study and analyze the migration of PFAS into the Wisconsin River and its
tributaries and the Mississippi River and its tributaries, including where the PFAS
are entering surface waters and unconfined groundwater and what effects PFAS
may have in those rivers.
7. Create a comprehensive, interactive map showing all available PFAS
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testing data and whether each data point on the map exceeds any applicable
promulgated state or federal standard for PFAS. Such data may not contain any
personally identifiable information unless the entity to which the data applies is a
municipal entity that is required to test and disclose its results under ch. 281 or
283.
8. Conduct any additional studies related to PFAS, as approved by the joint
committee on finance.
(c) The Board of Regents of the University of Wisconsin System shall require
the University of Wisconsin-Madison division of extension to provide the map and
reports on the studies required under this subsection to the joint committee on
finance and the standing committees with jurisdiction over natural resources and
the environment no later than 2 years after the effective date of this paragraph.
(5) REPORTS TO LEGISLATURE ON PROGRESS UNDER THIS ACT. For a period of 3
years after the effective date of this subsection, the department of natural resources
shall, every 6 months, submit a report to the joint committee on finance and to the
standing committees with jurisdiction over natural resources and the environment.
The first report under this subsection shall be submitted no later than 6 months
after the effective date of this subsection. The report shall include a detailed
description of the department[s expenditures under this act and a detailed
description of the department[s progress in implementing the provisions of this act.
(6) PFAS TESTING. In the 2025-27 fiscal biennium, the department of natural
resources shall conduct additional voluntary PFAS testing activities.
(7) FIREFIGHTING FOAM. The department of natural resources shall survey or
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resurvey local fire departments about their use and possession of PFAS-containing
firefighting foam, send communications and information regarding PFAS-
containing firefighting foam, and contract with a 3rd party to voluntarily collect
PFAS-containing firefighting foam.
SECTION 16. Effective dates. This act takes effect on the day after
publication, except as follows:
(1) ADMINISTRATIVE RULES. The treatment of administrative rules takes effect
as provided in s. 227.265.
(END)
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