SB 312 — Relating to: programs and requirements to address perfluoroalkyl and polyfluoroalkyl substances.

DNR and the entity must conduct tests to evaluate the success of the pilot project.

Remedial action at sites contaminates by PFAS The bill requires DNR to begin response and remedial actions at any PFAS-contaminated site where a responsible party has not been identified or the responsible party is unable to pay for remediation.

Reduction of PFAS testing costs The bill requires DNR and the Board of Regents of the University of Wisconsin System to enter into a memorandum of understanding to ensure that the state laboratory of hygiene reduces the costs of conducting testing for PFAS by at least 10 - 2024 Legislature - 4 - LRB-2936/1 MP/ZW/ES/SWB:skw&cjs SENATE BILL 312 percent within two years.

The bill requires the state laboratory of hygiene to prepare a report on its efforts to reduce the cost of PFAS testing and the timeline for receiving testing results.

PFAS studies and reporting The bill requires DNR and the Board of Regents of the University of Wisconsin System to enter into a memorandum of understanding to 1) study and analyze the cost, feasibility, and effectiveness of different methods of treating PFAS before they are released into a water system or water body;

2) conduct a cost-benefit analysis of different options for disposing of biosolids or sludge that contains or may contain PFAS;

3) study and analyze the cost, feasibility, and effectiveness of different destruction and disposal methods for PFAS;

4) study and analyze the migration of PFAS into the bay of Green Bay;

and 5) create a comprehensive, interactive map showing all available PFAS testing data and, for each data point, whether it exceeds any applicable state or federal standard for PFAS.

Such data may not contain any personally identifiable information unless the entity to which the data applies is required to test and disclose its results under state or federal law.

DNR reporting requirements The bill requires DNR to report to the legislature once every six months for a period of three-years to provide a detailed description of DNR's expenditures under the bill and a detailed description of DNR's progress in implementing the provisions of the bill.

Clean water fund program and safe drinking water loan program Under current law, the Department of Administration and DNR administer the Safe Drinking Water Loan Program (SDWLP), which provides financial assistance to municipalities, and to the private owners of community water systems that serve municipalities, for projects that will help the municipalities comply with federal drinking water standards.

DNR establishes a funding priority list for SDWLP projects, and DOA allocates funding for those projects.

Also under current law, DNR administers the Clean Water Fund Program (CWFP), which provides financial assistance to municipalities for projects to control water pollution, such as sewage treatment plants.

Under the bill, if DNR, when ranking SDWLP or CWFP projects or determining an applicant's eligibility for assistance under those programs, considers whether an applicant that intends to extend service outside of municipal boundaries because of water contamination is “small” or “disadvantaged,” DNR must determine the applicant to be small or disadvantaged if the area receiving the extended service would normally be determined to be small or disadvantaged, regardless of whether the existing service area would normally be determined to be small or disadvantaged.

Public water utility projects Under current law, a public utility may not engage in certain construction, expansion, or other projects unless the Public Service Commission grants a certificate of authority (CA) for the proposed project.

Under the bill, if a water public utility or a combined water and sewer public utility (water utility) fails to obtain a LRB-2936/1 - 2024 Legislature - 5 - MP/ZW/ES/SWB:skw&cjs SENATE BILL 312 CA before commencing a project for which one is required, PSC may not investigate, impose a penalty against, or bring an action to enjoin the water utility if 1) the water utility undertook the project in response to a public health concern caused by PFAS or an emerging contaminant, the presence of which was unknown to the water utility until shortly before it commenced the project, and, if there is an applicable state or federal standard for the contaminant, the contaminant exceeded or was close to exceeding that standard;

2) the water utility submits the appropriate application and supporting documentation to PSC no later than six months after commencing the project;

and 3) the total cost of the project is not greater than $2,000,000 or 50 percent of the utility's operating expenses for the previous year, whichever is less.

Under current law, a water utility may not change the rates that it charges to customers without first applying to PSC for approval of the change.

This bill requires PSC to authorize a separate rate class of customers if requested by a water utility under certain circumstances.

Specifically, the bill requires this authorization with respect to those customers to whom water or combined water and sewer utility service was extended outside of the water utility's service territory in response to a public health concern caused by contamination.

Under the bill, PSC must authorize higher rates for this class of customers for the purpose of financing the extension of service.

The bill requires PSC to allow the class to remain in effect for 10 years or for the duration of any financing authorized to fund the extension of service, whichever is longer.

Limitations on annexation and use of revenue for PFAS source reduction measures Under the bill, no city or village may annex territory for which water or sewerage services have been extended beyond the city's or village's municipal boundaries due to an immediate public health concern from an emerging contaminant for at least three years following the completion of the extension of services unless two-thirds of the qualified electors residing in the affected territory vote to approve the annexation.

The bill also authorizes a municipal public utility or metropolitan sewerage district to use revenues from its water or sewerage services for up to half of the cost of pretreatment or other PFAS source reduction measures for an interconnected customer or other regular customer if the costs incurred are less than the costs of the upgrades otherwise required at the endpoint treatment facility and if the costs are approved by the governing body of the municipality or the metropolitan sewerage district.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SECTION 1.

66.0224 of the statutes is created to read:

- 2024 Legislature - 6 - LRB-2936/1 MP/ZW/ES/SWB:skw&cjs SENATE BILL 312 SECTION 1 66.0224 Annexation of territory for which water or wastewater service is extended.

Notwithstanding ss.

66.0217, 66.0219, 66.0221, and 66.0223, no territory for which water or sewerage services have been extended beyond a city's or village's municipal boundaries due to an immediate public health concern from an emerging contaminant may be annexed by the city or village that extended services for a period of 3 years following the completion of the extension project unless a number of qualified electors residing in the territory for which services have been extended and subject to the proposed annexation equal to at least two-thirds of the votes cast for governor in the territory at the last gubernatorial election vote to approve the annexation.

SECTION 2.

66.0811 (4) of the statutes is created to read:

66.0811 (4) Notwithstanding subs.

menced the project, and the public utility provides evi- dence showing that the utility has exceeded or is likely to 66.0901 (11), a municipal public utility or a metropolitan exceed the applicable promulgated state or federal stan- sewerage district created under ss.ch.

200.21200 to 200.65 may use funds derived from its water or sewerage services for up to halfone− ofdard the cost of pretreatment or other perfluoroalkyl and polyfluoroalkyl substances source reduction measures for anthat interconnectedtype customer or other regular customer if the costs incurred are less than the costs of thePFAS. 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.

half the cost of pretreatment or other perfluoroalkyl and (b) The public utility promptly notifies the commis- polyfluoroalkyl substances source reduction measures sion of the work and, within 30 days after commencing for an interconnected customer or other regular customer the work, submits the appropriate application and sup- if the costs incurred are less than the costs of the upgrades porting documentation to the commission.

otherwise required at the endpoint treatment facility and (c) The total cost of the project is not greater than $2,000,000.

if the costs are approved by the governing body of the municipality or the metropolitan sewerage district.

196.03281.58 (7)(8e) of the statutes is createdrenumbered toSECTION read:2.

196.03196.49 (7) At the request of a water public utility or combined water and sewer public utility, the commissionstatutes shallis authorizecreated a separate rate class of customers for those customers to whom281.58 water(8e) or(am). combined water and sewer utility service was extended outside of the public utility's service territory in response to a public health concern caused by contamination.

Theread: commission shall authorize higher rates for LRB-2936/1 - 2024 Legislature - 7 - MP/ZW/ES/SWB:skw&cjs SECTION 3 SENATE BILL 312 a class of customers authorized under this subsection than for other classes for the purpose of financing the extension of service to these customers.

The commission shall allow the class of customers to remain in effect for 10 years or for the duration of any financing authorized to fund the extension of service to these customers, whichever is longer.

196.49281.58 (7)(8e) (bm) of the statutes is created 196.49 (7) With respect to a water public utility or a to read:

196.49combined (7)water Withand respectsewer to a water public utilityutility, orthe acommission combined281.58 water(8e) and(bm) sewerIf publicthe utility,department, thewhen commissionranking may not investigate, impose a penalty against, or bring an projects under this subsection or determining an appli- action to enjoin the public utility for failing to obtain a cant’s eligibility for assistance under this section, consid- certificate of authority before commencing a project for ers whether an applicant that intends to extend service which one is required under this section if all of the followingfol- outside the boundaries of a municipality because of water lowing apply:

(a)contamination Theis publicsmall utilityor undertookdisadvantaged, the projectdepartment in* responseSection to991.11,ISCONSINSTATUTE: a public health concern caused by an emerging contaminant or by PFAS, as defined in s.

292.315Effective (1),date the presence of whichacts. was unknown to the public utility until shortly before it commenced the project, and, if in response to a contaminant for which there is an applicable state or federal standard, the contaminant exceeded or was close to exceeding that standard.

(b)“Every Theact publicand utilityevery submitsportion of an act enacted by the appropriatelegislature applicationover andthe supportinggovernor’s documentationpartial toveto which does not expressly prescribe the commissiontime nowhen laterit thantakes 6effect monthsshall take effect on the day after its date of publication.” Wisconsin Act − 2 − 2023 Senate Bill 312 shall, to the projectextent wasallowable commenced.under federal law, deter- 292.315 Municipal PFAS grant program.

(c)(1) TheD totalEF cost- ofmine the projectapplicant isto notbe greatersmall than $2,000,000 or 50disadvantaged percentif of the publicarea utility'sINITION. reported total operating expenses for the previous year, whichever is less.

SECTIONIn 5.this section, “PFAS” means any perfluo- receiving the extended service would normally be deter- roalkyl or polyfluoroalkyl substance.

281.58mined (8e)to ofbe thesmall statutesor isdisadvantaged, renumberedregardless 281.58of (8e)(1m) (am).A PPLICABILITY.

SECTIONThis 6.section applies only to whether the existing service area would normally be PFAS for which there is a state or federal standard, a pub- determined to be small or disadvantaged.

281.58lic (8e)health (bm)recommendation offrom the statutesdepartment isof createdhealth toSECTION read:5.

-281.61 2024(6) Legislature - 8 - LRB-2936/1 MP/ZW/ES/SWB:skw&cjs SENATE BILL 312 S ECTION 6 281.58 (8e) (bm) If the department, when ranking projects under this subsection or determining an applicant's eligibility for assistance under this section, considers whether an applicant that intends to extend service outside of the boundariesstatutes of a municipality because of water contamination is smallamended or disadvantaged, the department shall, to theservices extent allowable under federals. 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.

S160.07, ECTIONor 7.a health advisory issued by read:

281.61 (6) of the statutesfederal isenvironmental amendedprotection toagency. read:

281.61 (6) PRIORITYP LIST.TheRIORITY departmentLIST. shall establish a priority list that ranks each safe drinking water loan program project.

The department shall promulgate(2) rulesG forRANTS. 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.

ForThe the purpose of ranking projects under this subsection, the department shall treat a project to upgrade a public water system to provide continuousall disinfection of the waterestablish that it distributes as if the public water system were a surfacepriority waterlist system that federalranks laweach requiressafe todrinking providewater continuousfollowing disinfection.grants:

Ifloan theprogram department,project. when ranking projects under this subsection or determining an applicant's eligibility for assistance under this section, considers whether an applicant that intends to extend service outside of the boundaries of a local governmental unit because of water contamination is small or disadvantaged, the department shall, to the extent allowable under federal law, LRB-2936/1 - 2024 Legislature - 9 - MP/ZW/ES/SWB:skw&cjs S ECTION 7 SENATE BILL 312 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.

SThe ECTIONdepartment 8.shall promulgate (a) Grants to municipalities to test for PFAS levels at rules for determining project rankings that, to the extent municipal water systems and municipal wastewater possible, give priority to projects that address the most treatment facilities, or to reimburse municipalities for serious risks to human health, that are necessary to ensure PFAS testing performed at properties owned, leased, compliance with the Safe Drinking Water Act, 42 USC managed, or contracted for by those municipalities after 300f to 300j−26, and that assist applicants that are most applicable standards for the chemical being tested have in need on a per household basis, according to affordabil- been promulgated.

The department shall base the ity criteria specified in the rules.

For the purpose of rank- amount of grant awards under this paragraph on the cost ing projects under this subsection, the department shall of testing and the amount of testing needed in each com- treat a project to upgrade a public water system to provide munity, while ensuring that funding is available to every continuous disinfection of the water that it distributes as eligible applicant that submits a claim under this para- if the public water system were a surface water system graph.

The department may not require a municipality that federal law requires to provide continuous disinfec- that submits a claim for a grant under this paragraph to tion.

If the department, when ranking projects under this provide information other than the basic information subsection or determining an applicant’s eligibility for necessary to process the claim and may not require the assistance under this section, considers whether an appli- recipient of a grant under this paragraph to provide any cant that intends to extend service outside the boundaries matching funds.

of a local governmental unit because of water contamina- (b) Grants, provided in equal shares not to exceed tion is small or disadvantaged, the department shall, to $1,800, to entities that are not municipalities and that are the extent allowable under federal law, determine the regulated as public or community water systems for the applicant to be small or disadvantaged if the area receiv- entity to test its drinking water supply for PFAS if ing the extended service would normally be determined required to do so by the department, or for reimbursement to be small or disadvantaged, regardless of whether the to the entity for PFAS testing performed after applicable existing service area would normally be determined to be standards for the chemical being tested have been pro- small or disadvantaged.

mulgated.

An entity that is not a municipality may apply SECTION 6.

281.75 (5m) of the statutes is created to to the department one time for a grant under this para- read:

graph, by a deadline set by the department.

The depart- 281.75 (5m) REFERRAL TO THE INNOCENT ment may not require the recipient of a grant under this LANDOWNER GRANT PROGRAM.

If the department deter- paragraph to provide any matching funds.

mines that a claimant that submits a claim under this sec- (c) Grants, provided in equal shares not to exceed tion on the basis of contamination by perfluoroalkyl or $15,000, to the owner or manager of, or the holder of a polyfluoroalkyl substances would be eligible for a grant solid waste facility license issued by the department for, under the innocent landowner grant program under s.

privately owned solid waste disposal facilities to test for 292.34, and moneys are available under s.

292.34, the the presence of PFAS in leachate.

An entity may apply department shall refer the claim to the program under s.

to the department one time for a grant under this para- 292.34 instead of reviewing the claim under this section.

graph, by a deadline set by the department.

The depart- If the claimant’s claim is denied under s.

292.34, the ment may not require the recipient of a grant under this department shall refer the claim back to the program paragraph to provide any matching funds.

under this section.

(d) Grants to municipalities to test for PFAS levels at SECTION 7.

of the statutes is locations that are owned, leased, managed, or contracted amended to read:

for by a municipality and where PFAS may be present, 281.75 (7) (c) 2.

Equipment used for treating the including airports, water systems, wastewater treatment water, including a filtration device and up to 2 replacementreplace- facilities, or contaminated lands, and to test for PFAS lev- ment filters;

Sels ECTIONin 9.leachate at solid waste disposal facilities that are SECTION 8.

292.315owned, Municipalleased, PFASmanaged, grantor program.contracted for by a munici- Senate Bill 312 − 3 − 2023 Wisconsin Act pality.

(1)If Dthe EFINITION.Inproperty thisis section,not “PFAS”owned meansby perfluorooctanesulfonicthe acidmunicipality, (PFOS),implementation perfluorooctanoicof acidpollutant (PFOA),minimization perfluorohexanesulfonicplans; acid (PFHxS), perfluorononanoic acid (PFNA), perfluoroheptanoic acid (PFHpA), perfluorodecanoic acid (PFDA), and any other perfluoroalkyl or polyfluoroalkyl substance for which a standard has been promulgated under state or federal law.

(2)and Gthe RANTS.The department shallmay providenot allissue ofa grant under this paragraph grants to municipalities for costs incurred by municipal unless the followingproperty grants:owner has given the municipality public utilities or metropolitan sewerage districts created written consent for the municipality to enter the property under ch.

(a)200 Grants,for providedpretreatment inor equalother shares,PFAS tosource municipalitiesand toconduct testtesting foror PFASthe levelsability atto municipalenter waterthe systemsproperty and municipalreduction wastewatermeasures treatmentfor facilities,an interconnected customer or toconduct reimbursetesting municipalitiesis forpermitted PFASunder testingan performedexisting afteragreement applicableother standardsregular forcustomer if the chemicalcosts beingincurred testedare haveless beenthan promulgated.between the property owner and the municipality.

The departmentthe maycosts notof requirethe upgrades otherwise required at the recipientend- ofdepartment may not provide a grant under this paragraph topoint submittreatment anfacility applicationand if the costs are approved by to test for PFAS in a grantwater system or providewastewater anytreat- matchingthe funds.governing body of the municipality or the metropoli- ment facility if the applicant has received a grant under par.

(b)(a), Grants,unless providedthe inapplicant equaldemonstrates shares not to exceed $1,800, to entities that areit nothas municipalitiesused andtan thatsewerage aredistrict. regulated as public water systems for the entity to test its drinking water supply for PFAS if required to do so by the department, or for reimbursement to the entity for PFAS testing performed after applicable standards - 2024 Legislature - 10 - LRB-2936/1 MP/ZW/ES/SWB:skw&cjs SENATE BILL 312 S ECTION 9 for the chemical being tested have been promulgated.

AnNo entity that is not a municipality may applyreceive togrants theunder departmentthis oneparagraph timethat fortotal amore grantthan under20 thisper- paragraph,all byof athe deadlinegrant setfunds byprovided theto department.it under par.

The department may not require the recipient of a grant under this paragraph to provide any matching funds.

(c) Grants to municipalities to test for PFAS levels at locations that are owned or managed by a municipality and where PFAS may be present, including airports, water systems, wastewater treatment facilities, or contaminated lands.

The department may not provide a grant under this paragraph to test for PFAS in a water system or wastewater treatment facility if the applicant has received a grant under par.

(a), unless the applicant demonstrates that it has used all of the grant funds provided to it under par.

The departmentcent shallof acceptthe applicationsfunding available for grants andunder providethis grantspara- underdepartment thisshall paragraphaccept onapplications afor rollinggrants basis.and pro- graph.

The department may not require the recipient of avide grantgrants under this paragraph toon providea matchingrolling fundsbasis. in an amount greater than 20 percent of the amount of the grant.

(d)The Grantsa togrant municipalitiesunder this paragraph to disposeprovide matching funds in department may not require the recipient of PFAS-containinga biosolidsgrant atunder facilitiesan thatamount acceptgreater suchthan biosolids.20 percent of the amount of the this paragraph to provide matching funds in an amount greater than 20 percent of the amount of the grant.

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)The Grantsdepartment forshall capitalaccept costsapplications or debt service, including for facilitygrants upgradesand orprovide newgrants infrastructure,under tothis municipalitiesparagraph thaton area small(e) orGrants disadvantagedto ormunicipalities inand whichthe ratesowner for water or wastewaterman- utilitiesrolling willbasis. increase by more than 20 percent as a direct result of steps taken to address PFAS contamination.

Aager grantof, providedor underthe thisholder paragraph may not exceed 50 percent of thea municipality'ssolid capitalwaste orfacility debtlicense service(3) costs.L IMITATIONS.

(a) The department shallmay acceptnot applicationsrequire forissued grantsby andthe providedepartment grantsfor, underprivately thisowned paragraphsolid onwaste the recipient of a rollinggrant basis.under sub.

LRB-2936/1(2) -to 2024take Legislatureaction -to 11disposal -facilities MP/ZW/ES/SWB:skw&cjsto SECTIONdispose 9of SENATEPFAS−containing BILLbiosol- 312address (f)PFAS Grantscontamination tounless municipalitiestesting fordemonstrates capitalids costs or otherleachate costsat relatedfacilities to PFAS that areaccept notsuch otherwisebiosolids paidor fromleachate theor environmentalto improvementpurchase fund,and includinginstall costson−site fortreatment addressingsys- applicant-ownedthat contaminatedPFAS landslevels orexceed costsany incurredapplicable bypromulgated firestandard departments,under includingstate toor replacefederal PFAS-containinglaw. fire fighting foam.

Thetems department may not require the recipient of a grant under this paragraph to provideaddress matchingPFAS fundscontained in anbiosolids amountor greaterleachate. than 20 percent of the amount of the grant.

(b) The department shallmay acceptnot applicationspublicly fordisclose grantsthe andGrant providemoneys grantsreceived under this paragraph onmay anot rollingbe basis.results of any PFAS testing conducted under this section used for any cost associated with landspreading.

(3)The LIMITATIONS.(a)unless Thethe department notifies the grant recipient at least department may not require the recipient of a grant under sub.this paragraph to provide matching funds in an amount 72 hours before publicly disclosing any test result.

(2)This togreater takethan action20 topercent addressof PFAS contamination unless testing determines that PFAS levels exceed any applicable limit under state or federal law or unless another applicable state or federal law allows the departmentamount toof require the grantgrant. recipient to take action.

(b)paragraph Thedoes department may not publiclyapply discloseto the results of any PFAS testing conductedrequired underor thiscon- section(f) unlessGrants thefor departmentcapital notifiescosts theor grantdebt recipientservice, atincluding leastducted 72under hoursch. before publicly disclosing any test result.

S281 ECTIONor 10.283.

S ECTION 9.

for facility upgrades or new infrastructure, to municipali- 292.32 Limitations on department actions relatingrelat- ties that are small or disadvantaged or in which rates for ing to PFAS.

(1) DEFINITIONS.InD thisEFINITIONS. section:

(a)In “Brownfieldthis property”section: means abandoned, idle, or underused industrial or commercial facilities or sites, the expansion or redevelopment of which is adversely affected by actual or perceived environmental contamination.

(b)water “PFAS”or haswastewater theutilities meaningwill givenincrease inby s.more than percent as a direct result of steps taken to address (a) “Construction project” means a building project PFAS contamination.

A grant provided under this para- that will affect one or more parcels.

graph may not exceed 50 percent of the municipality’s (b) “PFAS” has the meaning given in s.

(c) “Public works” means the physical structures and facilitiescapital developed or acquireddebt byservice acosts, localand unitno ofmunicipality governmentmay orfacilities adeveloped federallyor recognizedacquired Americanby Indiana -local 2024unit Legislatureof -govern- 12receive -grants LRB-2936/1under MP/ZW/ES/SWB:skw&cjsthis SENATEparagraph BILLthat 312total Smore ECTIONthan 10percent tribeof orthe bandfunding inavailable this state to provide services and functions for thegrants benefitunder andthis usement ofor thea public,federally includingrecognized water,American sewerage,Indian wastetribe disposal,or utilities,paragraph. and transportation.

(2)The Bdepartment ROWNFIELDS.shall give priority under this band in this state to provide services and functions for the paragraph to projects that are necessary to address an benefit and use of the public, including water, sewerage, exceedance of an applicable promulgated state or federal waste disposal, utilities, and transportation, and privately owned solid waste disposal facilities that accept residen- standard.

The department mayshall notaccept requireapplications the owner of a brownfield property to conduct testing for thetial presencewaste. of PFAS unless the department has information that reasonably supports the belief that the property previously had a substantial amount of uncontained PFAS.

(3)grants Cand ONSTRUCTIONprovide PROJECTS.grants under this paragraph on a rolling basis.

TheA departmentmunicipality may notsubmit prevent,an delay,application or(3) otherwiseC impedeONSTRUCTION anyPROJECTS. 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)Notwithstanding Theany projectfor poses a measurablegrant riskunder tothis publicprogram healthat orthe welfare.same time as submit- conflicting provisions of this chapter, the department ting an application for financial assistance under s.

(b)may Therenot isprevent, adelay, substantialor riskotherwise thatimpede theany projectcon- would281.58 leador to281.61. worsening environmental conditions.

(c)struction Theproject entityor proposingproject toof completepublic works on the projectbasis is,(g) asGrants to municipalities for capital costs or other of a resultpresence of negligence,PFAS responsiblecontamination forunless the originaldepart- contamination.costs related to PFAS that are not otherwise paid from the ment determines any of the following:

(4)environmental PFASimprovement TESTING.fund, including costs for (a) The project poses a substantial risk to public addressing solid waste disposal facilities or other con- health or welfare.

Intaminated conductinglands testingowned, leased, managed, or contracted (b) There is a substantial risk that the project will cre- for PFAS,by the departmentmunicipality shalland complycosts withincurred allby offire thedepart- following:ate worsening environmental conditions.

(a)ments, Theincluding departmentto mayreplace notPFAS−containing collectfire samplesfight- from(c) landsThe notentity ownedproposing by the state without written permission from the landowner to collectcomplete samples, to test those samples, and to publicly disclose the resultsproject ofis thating testing.foam;

(b)grants Theto departmentmunicipalities mayfor not publicly disclose the resultspreparation ofand anyresponsible PFASfor testingthe conductedoriginal oncontamination, samplesas takena fromresult landsof notWisconsin ownedAct by− the4 state− unless2023 theSenate departmentBill notifies312 theconduct landownerthat ofwas thereckless testor resultswas atdone leastwith 72 hours before publicly disclosing the testintent results.to s.

LRB-2936/1160.07, -or 2024a Legislaturehealth -advisory 13issued - MP/ZW/ES/SWB:skw&cjs S ECTION 10 SENATE BILL 312 (c) The department may not take any enforcement action based on the results of any PFAS testing conducted on samples taken from lands not owned by the statefederal unlessenvi- thatdischarge testing determines that PFAS levelsinto exceed any applicable limit under state or federal law or another applicable state or federal law requires the departmentenvironment. to take enforcement action against the landowner.

(d)ronmental Theprotection departmentagency. shall respond to requests from any person to conduct PFAS testing on samples taken from the person's property if funds are available to do so, if there is a reasonable belief that PFAS contamination may be present on the property, and if existing information such as public water supply testing data is not available.

SECTION(d) 11.0NonstatutoryThe provisions.department is specifically required under the (2) The department shall administer a program under federal Clean Water Act to prevent, delay, or otherwise which the department may provide a grant to an eligible impede the project.

(1)person PORTABLEwho TREATMENTowns, SYSTEMleases, PILOT.Themanages, department of natural resources shall contract with an entity to conduct a pilot project in which surface water is partially or fullycontracts divertedfor toprop- a(4) portablePFAS treatmentTESTING systemON andNONSTATE treatedLANDS. water is returned to the surface water.

ProjectIf activitiesdepartment undererty thisthat subsection shall be conducted at locations with surface water with the highest concentration of perfluoroalkyl or polyfluoroalkyl substances and where a responsible party has not been identified or the responsible party is unablecontaminated toby payPFAS; for remediation.

Theto departmentan ofeligible naturalperson resourcesstaff andor thea 3rd−party entity contracted underby thisthe subsectiondepartment shallthat evaluateholds thea successdepartment−issued ofsolid thewaste pilotfacility projectseeks byto conductingconduct testsvoluntary upstreamtesting andunder downstreamthis ofchapter thefor locationslicense wherefor theproperty portablethat treatmentis systemcontaminated isby used.PFAS;

(2)or Rto EMEDIALPFAS, ACTIONall ATof SITESthe CONTAMINATEDfollowing BYPFASshall .apply:

Thea departmentperson ofwho naturalis resourcesapplying shallon beginbehalf responseof andmultiple remedialeligible actions(a) atIf anythe sitedepartment, contaminated by perfluoroalkyl or polyfluoroalkylan substancesentity wherecontracted aby responsiblethe -persons 2024that Legislatureare -located 14in -the LRB-2936/1same MP/ZW/ES/SWB:skw&cjsgeographic SENATEregion BILLdepartment, 312seeks SECTIONto 11collect partyvoluntary hassamples notfrom beenand identifiedthat orwill thebe responsibleconducting partysimilar isactivities unableunder tosub. pay for remediation.

(3)lands PFASTESTINGnot COSTowned REDUCTION.Theby department of natural resources and the Boardstate ofbased Regentson ofpermission thefrom University(4), ofif Wisconsin System shall enter into a memorandum of understanding to jointly ensure that the stateapplicant laboratorywill ofbe hygiene reduces the costsentity of conducting testingthe for perfluoroalkyl or polyfluoroalkyl substances by at least 10 percent on or before the firstlandowner, daysuch ofpermission theshall 25thbe monthin afterwriting, theand effectiveactivities dateunder ofsub. this subsection.

The(4). state laboratory of hygiene shall prepare a report on its efforts to reduce the cost of testing for perfluoroalkyl or polyfluoroalkyl substances and the timeline for receiving testing results.

Thethe statedepartment laboratory of hygiene shall delivernotify the reportlandowner requiredthat undersuch thisper- subsection(3) toAll of the jointfollowing committeeare onpersons financeeligible andfor thea standingmission committeesincludes withthe jurisdictionauthority overto naturalcollect resourcessamples, andto thetest environmentgrant nounder laterthis thansection: August 31, 2025.

(4)those NNOCENTsamples, LANDOWNERand GRANTto PROGRAM.publicly disclose the results of that (a) A person that spread biosolids or wastewater testing.

TheA departmentlandowner ofmay naturalrevoke resourcessuch shallpermission provideat a grant to any personresiduals who owns property that is contaminated by perfluoroalkylPFAS orin polyfluoroalkylcompliance substanceswith andany thetime personprior hasto not been identified as the responsiblecollection partyof forsamples. the contamination.

Grantsapplicable underlicense thisor subsectionpermit. may be used to cover costs associated with additional testing;

environmental(b) studies;The department may not publicly disclose the (b) A person that owns land upon which biosolids or results of any PFAS testing conducted on samples taken wastewater residuals contaminated by PFAS were spread from lands not owned by the state unless the department in compliance with any applicable license or permit.

notifies the landowner of the test results at least 72 hours (c) A fire department or municipality that responded before publicly disclosing the test results.

to emergencies that required the use of PFAS or that con- (4m) E NFORCEMENT ACTIONS ON NONSTATE LANDS.

ducted training for such emergencies in compliance with The department may not commence any enforcement applicable federal regulations.

action against any person that meets the eligibility crite- (d) A solid waste disposal facility that accepted ria for an innocent landowner grant under s.

292.34 (3) if PFAS.

the person grants permission to the department to remedi- (e) A person that owns, leases, manages, or contracts ate the land at the department’s expense.

For persons that for property on which the PFAS contamination did not are not eligible for an innocent landowner grant under s.

originate.

292.34 (3), the department may not commence any (f) Any other person or category of persons submit- enforcement action based on the results of PFAS testing ted as a proposed eligible person by the department to the on samples taken from lands not owned by the state joint committee on finance.

If the cochairpersons of the unless that testing demonstrates that PFAS levels exceed joint committee on finance do not notify the department any promulgated standard under state or federal law.

within 14 working days after the date the proposal is sub- This subsection does not limit the ability of a landowner mitted that the committee has scheduled a meeting to take or other authorized party to voluntarily take remedial place for the purpose of reviewing the proposal, the action based on test results collected by the department.

department shall consider the person or category of per- (5) PFAS TESTING REQUESTS.

The department shall, sons to be a person eligible for a grant under this section.

in a timely manner, respond to requests from any person If, within 14 working days after the date the proposal is to conduct PFAS testing on samples taken from the per- submitted, the cochairpersons of the joint committee on son’s property if practicable and if funds are available to finance notify the department that the committee has do so, if there is a reasonable belief that PFAS contamina- scheduled a meeting for the purpose of reviewing the pro- tion may be present on the property, and if existing infor- posal, the department may not consider the person or cat- mation such as public water supply testing data is not egory of persons to be a person eligible for a grant under available.

The department may contract with a 3rd party this section until the proposal is approved by the commit- to respond to requests for testing under this subsection.

tee.

SECTION 10.

292.34 of the statutes is created to read:

(4) Grants under this section may be used to cover 292.34 Innocent landowner grant program.

(1) costs associated with additional testing;

environmental In this section, “PFAS” has the meaning given in s.

studies;

clean drinking water supplies,sup- including292.315 temporary(1). potable water, filtration, or well replacement;

plies, including temporary potable water, filtration, well (1m) This section applies only to PFAS for which replacement, or interconnection to a municipal water there is a state or federal standard, a public health recom- supply;

legaland fees;any other cost resulting mendation from the department of health services under from landspreading of contaminated biosolids, detection Senate Bill 312 − 5 − 2023 Wisconsin Act of groundwater contamination, or other contamination where a responsible party has not been identified or the events affecting the property.

andresponsible anyparty otheris costunable resultingto frompay landfor spreadingremediation. of contaminated biosolids by other parties, detection of groundwater contamination, or other contamination events affecting the property.

The (5) The department shall accept applications for department of natural resources shalland acceptthe applicationsentity forcontracted grants and award grants under this subsectionsection on ana ongoingrolling under this subsection shall evaluate the success of the basis.

pilot project by conducting tests upstream and down- (6) Grants awarded under this subsectionsection may not stream of the locations where the portable treatment sys- exceed $250,000.$250,000 for each eligible person.

The departmentdepart- oftem naturalis resourcesused. may LRB-2936/1 - 2024 Legislature - 15 - MP/ZW/ES/SWB:skw&cjs S ECTION 11 SENATE BILL 312 require the recipient of a grant under this subsection to provide matching funds in an amount greater than 20 percent of the amount of the grant.

(5)ment PFASmay STUDIESrequire ANDthe REPORTING.recipient of a grant under this sec- (2) R EMEDIAL ACTION AT SITES CONTAMINATED BY tion to provide matching funds in an amount not to PFAS .

(a)The Indepartment thisof subsection,natural “PFAS”resources meansmay perfluorooctanesulfonicbegin acidexceed (PFOS),5 perfluorooctanoicpercent acidof (PFOA),the perfluorohexanesulfonicamount acidof (PFHxS),the perfluorononanoicgrant. acid (PFNA), perfluoroheptanoic acid (PFHpA), perfluorodecanoic acid (PFDA), and any other perfluoroalkyl or polyfluoroalkyl substance for which a standard has been promulgated under state or federal law.

(b)response The department of natural resources and theremedial Boardactions, ofincluding Regentssite ofinvestiga- theSECTION University11. of Wisconsin System shall enter into a memorandum of understanding to jointly do all of the following, with the assistance of other University of Wisconsin institutions, the department of natural resources, other relevant state agencies, county land and water conservation departments, and other local 3rd parties, if available:

1.NR 811.12 (1) (g) 2.

Studyof and analyze the cost,administra- feasibility,tions, andat effectivenessany ofsite differentcontaminated methodsby ofperfluoroalkyl treatingor PFAStive beforecode theyis arerenumbered releasedNR into811.12 a(1) water(g) system2. or water body.

(intro.) and polyfluoroalkyl substances where a responsible party has amended to read:

not been identified or where the responsible party quali- NR 811.12 (1) (g) 2.

(intro.) Test wells to be con- fies as an innocent landowner under s.

292.34.

The verted to permanent wells or test wells to be pumped at department of natural resources may contract with a 3rd a rate of 70 gallons per minute or more for a period of party to conduct response and remedial actions under this more than 72 hours All of the following test wells shall subsection.

The department of natural resources shall be approved by the department prior to their construc- prioritize response and remedial actions at sites with the tion.:

highest levels of perfluoroalkyl or polyfluoroalkyl sub- SECTION 12.

NR 811.12 (1) (g) 2.

a., b.

and c.

of the stances and sites with the greatest threats to public health administrative code are created to read:

or the environment as a result of perfluoroalkyl or NR 811.12 (1) (g) 2.

a.

Test wells to be converted to polyfluoroalkyl substances.

permanent wells.

(3) PFAS TESTING LABORATORIES.

b.

Test wells to be pumped at a rate of 70 gallons per (a) The department of natural resources and the minute or more for a period of more than 72 hours.

Board of Regents of the University of Wisconsin System c.

Test wells located in special well casing depth shall enter into a memorandum of understanding to areas that are designated by the department as special jointly ensure that the state laboratory of hygiene pro- well casing depth areas based in whole or in part on the vides guidance and other materials, conducts training, presence of perfluoroalkyl or polyfluoroalkyl sub- and provides assistance to laboratories in this state that stances.

Approval under this subd.

Conductc. a cost-benefit analysis of different options for disposing of biosolids or sludge that contains or may contain PFAS.

3.shall include are certified under s.

Study299.11 and(7) analyzeto thetest cost,for feasibility,contaminants review and effectivenessapproval of differentspecifications destruction and disposalplans methodsrelating forother PFAS.than perfluoroalkyl or polyfluoroalkyl substances to drilling, well casing, and filling and sealing.

4.to become certified under s.

Study299.11 and(7) analyzeto thetest migrationfor ofperfluo- PFASSECTION into13. the bay of Green Bay, including where the PFAS are entering the bay and what effects PFAS may have in the bay.

5.PSC 184.06 of the administrative code roalkyl or polyfluoroalkyl substances, and to assist labo- is amended to read:

Createratories ain comprehensive,this interactive map showing all available PFAS testing data and whether each data point on the map exceeds any applicable state orthat federalare -certified 2024under Legislatures. - 16 - LRB-2936/1 MP/ZW/ES/SWB:skw&cjs SENATE BILL 312 SECTION 11 standard for PFAS.

Such299.11 data(7) mayPSC not184.06 containEmergency anywork. personally identifiable information unless the entity to which the data applies is required to test and disclose its results under state or federal law.

(c)In Thecase Board of Regentsan ofemer- theto Universitytest offor Wisconsinperfluoroalkyl Systemor shallpolyfluoroalkyl requiresubstances thein Universitygency ofresulting Wisconsin-Madisonfrom division of extension to provide the mapfailure andof reportspower onsupply theor studiesfrom requiredreducing under this subsection to the jointcosts committeeof onsuch financetesting and shortening the standingfire, committeesstorm, withor jurisdictionsimilar overevents, naturala resourcesutility andmay thebegin environmentneces- notimeline laterfor thanreceiving 2such yearstesting afterresults. the effective date of this paragraph.

(6)sary REPORTSrepair TOwork LEGISLATUREwithout ONreceiving PROGRESSprior UNDERcommission THIS(b) ACT.ForThe aBoard period of 3Regents years after the effective date of this subsection, the departmentUniversity of naturalWis- resourcesauthorization. shall, every 6 months, submit a report to the join committee on finance and the to the standing committees with jurisdiction over natural resources and the environment.

TheIncaseofanemergency firstresulting reportfrom underthe thisconsin subsectionSystem, shallin becoordination submittedwith nothe laterdepartment thanof 6contamination monthsof afterwater thesupply, effectivea dateutility ofmay begin neces- natural resources, may provide grants to laboratories in sary repair, temporary treatment, or other emergency this subsection.state that are certified under s.

The299.11 report(7) shallto includetest afor detailedwork descriptionto ofaddress the department'sissue expenditureswithout underreceiving thisprior actcom- andperfluoroalkyl aor detailedpolyfluoroalkyl descriptionsubstances, ofor thethat department'sare progressmission inauthorization. implementing the provisions of this act.

(7)The PFASutility TESTING.shall promptly notify seeking such certification, to assist with the cost of pur- the commission of the emergency work and shall, within chasing equipment necessary for testing for perfluo- days after commencing the work, furnish the commis- roalkyl or polyfluoroalkyl substances.

InA thegrant 2023-25under fiscalthis biennium,sion with the departmentinformation ofrequired naturalunder resourcess. shall conduct additional PFAS testing activities.

(8)PSC FIRE184.04 FIGHTINGparagraph FOAM.may not exceed 40 percent of the cost of such (3).

Theequipment. department of natural resources shall survey or resurvey local fire departments about their use and possession of PFAS-containing fire fighting foam, send communications and information regarding such foam, and contract with a 3rd party to collect such foam.

(END)All laboratories in this state that are certified SECTION 14.

Nonstatutory provisions.

under s.

299.11 (7) to test for perfluoroalkyl or polyfluo- (1) PORTABLE TREATMENT SYSTEM PILOT.

The depart- roalkyl substances, or that are seeking such certification, ment of natural resources shall contract with an entity to shall be given equal opportunity to receive a grant under conduct a pilot project in which surface water is partially this paragraph.

or fully diverted to a portable treatment system and (c) The state laboratory of hygiene shall prepare a treated water is returned to the surface water.

Project report onitsefforts under this subsection and shall deliver activities under this subsection shall be conducted at the report to the joint committee on finance and the stand- locations with surface water with the highest concentra- ing committees with jurisdiction over natural resources tion of perfluoroalkyl or polyfluoroalkyl substances and and the environment no later than August 31, 2025.

Wisconsin Act − 6 − 2023 Senate Bill 312 (4) PFAS STUDIES AND REPORTING.

contain any personally identifiable information unless (a) In this subsection, “PFAS” has the meaning given the entity to which the data applies is a municipal entity in s.

292.315 (1).

that is required to test and disclose its results under ch.

(b) The department of natural resources and the 281 or 283.

Board of Regents of the University of Wisconsin System 8.

Conduct any additional studies related to PFAS, as shall enter into a memorandum of understanding to approved by the joint committee on finance.

jointly do all of the following, with the assistance of Uni- (c) The Board of Regents of the University of Wis- versity of Wisconsin institutions, the department of natu- consin System shall require the University ofWisconsin− ral resources and other relevant state agencies, county Madison division of extension to provide the map and land and water conservation departments, and local 3rd reports on the studies required under this subsection to parties, if available:

the joint committee on finance and the standing commit- 1.

Study and analyze the cost, feasibility, and effec- tees with jurisdiction over natural resources and the envi- tiveness of different methods of treating PFAS before ronment no later than 2 years after the effective date of they are released into a water system or water body.

this paragraph.

2.

Conduct a cost−benefit analysis of different (5) REPORTSTOLEGISLATUREONPROGRESSUNDERTHIS options for disposing of biosolids or sludge that contains ACT.

For a period of 3 years after the effective date of this or may contain PFAS.

subsection, the department of natural resources shall, 3.

Study and analyze the cost, feasibility, and effec- every 6 months, submit a report to the joint committee on tiveness ofdifferent destruction and disposal methods for finance and to the standing committees with jurisdiction PFAS.

over natural resources and the environment.

The first 4.

For sites contaminated by PFAS, in consultation report under this subsection shall be submitted no later with persons who are able and qualified to conduct envi- than 6 months after the effective date of this subsection.

ronmental remediation in this state, study and analyze the The report shall include a detailed description of the cost, feasibility, and effectiveness of different methods department’s expenditures under this act and a detailed for remediating PFAS that leave the contaminated description of the department’s progress in implementing medium in place and methods that remove the contami- the provisions of this act.

nated medium.

(6) PFAS TESTING.

In the 2023−25 fiscal biennium, 5.

Study and analyze the migration of PFAS into the the department of natural resources shall conduct addi- bay of Green Bay, including where the PFAS are entering tional voluntary PFAS testing activities.

the bay and what effects PFAS may have in the bay.

(7) F IRE FIGHTING FOAM.

The department of natural 6.

Study and analyze the migration of PFAS into the resources shall survey or resurvey local fire departments Wisconsin River and its tributaries and the Mississippi about their use and possession of PFAS−containing fire River and its tributaries, including where the PFAS are fighting foam, send communications and information entering surface waters and unconfined groundwater and regarding such foam, and contract with a 3rd party to vol- what effects PFAS may have in those rivers.

untarily collect such foam.

7.

Create a comprehensive, interactive map showing SECTION 15.0Effective dates.

This act takes effect on all available PFAS testing data and whether each data the day after publication, except as follows:

point on the map exceeds any applicable promulgated (1) A DMINISTRATIVE RULES.

The treatment of admin- state or federal standard for PFAS.

Such data may not istrative rules takes effect as provided in s.

227.265.