Wisconsin 2019-2020 Regular Session Status: Enacted

SB 310 — Relating to: regulating fire fighting foam that contains certain contaminants and granting rule-making authority. (FE)

Last action — Published 2-6-2020

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced July 03, 2019. Enacted.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    2 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 5 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

65 added · 39 removed

Plain-language change summary

The recent amendments to SB 310 clarify the definition of testing and training related to fire fighting foams that contain harmful chemicals known as PFAS. It now specifies that testing includes evaluating the effectiveness of the foam and the equipment used to deliver it, as well as defines training as hands-on experience for first responders using these foams. Additionally, the language has been updated to replace terms like "discharge" with "release" and to emphasize that proper measures for managing foam must not involve releasing it into sewers. These changes help ensure safety and environmental protection while providing clear guidelines for how fire fighting foams should be handled.

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Latest
- 2020 LEGISLATURE LRBa0504/3 MCP:cjs&kjf SENATE AMENDMENT 1, TO SENATE BILL 310 November 15, 2019 - Offered by SenatoOWLES.
- 2020 LEGISLATURE LRB-3226/1 MCP:ahe SENATE BILL 310 July 3, 2019 - Introduced by Senators COWLES and P ETROWSKI, cosponsored by Representatives NYGREN , BALLWEG , ELZKOWSKI , GUNDRUM , JAMES, KRUG , M URSAU, N OVAK, O LDENBURG , S ARGENT, S KOWRONSKI , SPIROS, T USLER, W ICHGERSand Z IMMERMAN .
At the locations indicated, amend the bill as follows:
Referred to Committee on Natural Resources and Energy.
1.
A N A CT to create 299.48 of the statutes;
Page 2, line 2:
relating to:
after “liquid fire" insert “, and may include a dual action Class A and B foam".
regulating fire fighting foam that contains certain contaminants and granting rule-making authority.
2.
Analysis by the Legislative Reference Bureau This bill prohibits the use of fire fighting foams that are designed for use on a flammable liquid fire and that contain intentionally added perfluoroalkyl or polyfluoroalkyl substances (PFAS), unless used in emergency fire fighting or fire prevention operations;
Page 2, line 3:
or unless used for testing purposes if the testing facility has in place appropriate containment, treatment, and disposal measures, as determined by rule by the Department of Natural Resources.
after that line insert:
A person who violates this prohibition is subject to the same penalty that applies under current law to other general environmental provisions, which is a forfeiture of between $10 and $5,000 for each violation.
“(c) “Testing” includes testing of a fire fighting foam to evaluate its effectiveness and testing of a fire fighting foam delivery system or equipment.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
(d) “Training” means providing first-hand field experience to a person who may use a fire fighting foam as part of an emergency fire fighting or fire prevention operation.”.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
3.
S ECTION 1.
Page 2, line 5:
299.48 of the statutes is created to read:
on lines 5 and 9, delete “discharge" and substitute “release".
299.48 Fire fighting foam containing PFAS.
4.
(1) D EFINITIONS.In this section:
Page 2, line 15:
- 2020 Legislature - 2 - LRB-3226/1 MCP:ahe SENATE BILL 310 SECTION 1 (a) “Class B fire fighting foam” means a foam designed for use on a flammable liquid fire.
after “disposal" insert “or storage".
(b) “PFAS” means a perfluoroalkyl or polyfluoroalkyl substance.
5.
(2) P ROHIBITION.Except as provided under sub.
Page 2, line 15:
(3), no person may use or otherwise discharge, including for training purposes, a class B fire fighting foam that contains intentionally added PFAS.
delete “releases" and substitute “discharges".
(3) EXEMPTIONS.
LRBa0504/3 - 2020 Legislature - 2 - MCP:cjs&kjf 6.
The prohibition under sub.
Page 2, line 16:
(2) does not apply to any of the following:
after “environment." insert “Appropriate containment, treatment, and disposal or storage measures may not include flushing, draining, or otherwise releasing the foam into a storm or sanitary sewer.".
(a) The use or discharge of a class B fire fighting foam that contains intentionally added PFAS as part of an emergency fire fighting or fire prevention operation.
7.
(b) The use of class B fire fighting foam that contains intentionally added PFAS for testing purposes, including calibration testing, conformance testing, or fixed system testing, if the testing facility has implemented appropriate containment, treatment, and disposal measures to prevent releases of the foam to the environment.
Page 2, line 16:
(4) CONSTRUCTION.
after that line insert:
Nothing in this section shall be construed as prohibiting the manufacture, sale, or distribution of a class B fire fighting foam that contains intentionally added PFAS.
“(3m) N OTIFICATION;
(5) R ULES.
SAFETY DATA SHEETS(a) A person who uses or releases a fire fighting foam under the exemption in sub.
The department shall promulgate rules to implement and administer this section, including to determine appropriate containment, treatment, and disposal measures for testing facilities under sub.
(3) (a) shall notify the department of the use or release immediately or as soon as practicable without hindering fire fighting or fire prevention operations.
(3) (b).
A person who possesses a fire fighting foam that may be used under the exemption in sub.
SECTION 2.0Nonstatutory provisions.
(3) (a) shall request and retain any safety data sheets relating to the fire fighting foam and shall make them available to the department for examination after providing the notice under this paragraph.
LRB-3226/1 - 2020 Legislature - 3 - MCP:ahe SECTION 2 SENATE BILL 310 (1) The department of natural resources shall use the procedure under s.
(b) A person who uses a fire fighting foam under the exemption in sub.
227.24 to promulgate rules under s.
(3) (b) shall notify the department immediately of any discharge of the foam to the environment.”.
299.48 (5) no later than the first day of the 7th month beginning after the effective date of this subsection.
8.
SECTION 3.0Effective dates.
Page 2, line 22:
This act takes effect on the first day of the 7th month beginning after publication, except as follows:
after “disposal" insert “or storage".
(1) SECTION 2 (1) of this act takes effect on the day after publication.
9.
Page 3, line 3:
after “this subsection." insert “Notwithstanding s.
227.24 (1) (c) and (2), emergency rules promulgated under this subsection remain in effect until 3 years after the effective date of this subsection or the date on which permanent rules take effect, whichever is sooner.".
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Action History

  1. Published 2-6-2020

  2. Report approved by the Governor on 2-5-2020. 2019 Wisconsin Act 101

  3. Presented to the Governor on 2-3-2020 by directive of the President, pursuant to Senate Rule 44m (3)

  4. Report correctly enrolled

  5. LRB correction (Assembly Amendment 1)

  6. Received from Assembly concurred in

  7. Ordered immediately messaged

  8. Representative Allen added as a cosponsor

  9. Read a third time and concurred in

  10. Rules suspended

  11. Ordered to a third reading

  12. Decision of the Chair upheld, Ayes 61, Noes 36

  13. Decision of the Chair appealed

  14. Point of order that Assembly Amendment 1 not germane under Assembly Rule 54 (3)(f) well taken

  15. Assembly Amendment 1 offered by Representatives C. Taylor, Hebl, Sargent, Shankland, Hintz, Hesselbein, Spreitzer, Doyle, McGuire, Ohnstad, Billings, Kolste, Considine, Subeck, Vining, Emerson, Brostoff, Cabrera, Vruwink, Stuck, Bowen, Riemer, Goyke, Crowley and Neubauer

  16. Read a second time

  17. Rules suspended to withdraw from Senate message and take up

  18. Read

  19. Received from Senate

  20. Ordered immediately messaged

  21. Read a third time and passed

  22. Rules suspended

  23. Ordered to a third reading

  24. Senate Amendment 1 adopted

  25. Senate Amendment 1 to Senate Amendment 1 adopted

  26. Senate Substitute Amendment 2 rejected, Ayes 19, Noes 14

  27. Read a second time

  28. Senate Substitute Amendment 2 offered by Senators Miller and Hansen

  29. Placed on calendar 1-21-2020 pursuant to Senate Rule 18(1)

  30. Available for scheduling

  31. Report passage as amended recommended by Committee on Natural Resources and Energy, Ayes 3, Noes 2

  32. Report adoption of Senate Amendment 1 recommended by Committee on Natural Resources and Energy, Ayes 5, Noes 0

  33. Report adoption of Senate Amendment 1 to Senate Amendment 1 recommended by Committee on Natural Resources and Energy, Ayes 5, Noes 0

  34. Executive action taken

  35. Senate Substitute Amendment 1 offered by Senators Miller and Hansen

  36. Senate Amendment 1 to Senate Amendment 1 offered by Senator Cowles

  37. Senate Amendment 1 offered by Senator Cowles

  38. Representative Steffen added as a cosponsor

  39. Public hearing held

  40. Representative Kitchens added as a cosponsor

  41. Fiscal estimate received

  42. Read first time and referred to Committee on Natural Resources and Energy

  43. Introduced by Senators Cowles and Petrowski; cosponsored by Representatives Nygren, Ballweg, Felzkowski, Gundrum, James, Krug, Mursau, Novak, Oldenburg, Sargent, Skowronski, Spiros, Tusler, Wichgers and Zimmerman

Sponsors

  • Cowles · Primary
  • Petrowski · Primary

Sponsorship breakdown

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2 sponsors · 0 co-sponsors · 130 not signed on · 14 voted No

Sponsors (2)

  • Cowles
  • Petrowski

Co-sponsors (0)

None.

Not signed on (130)

130 members have not signed on to this bill.

Show all 130 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

SHALL THE DECISION OF THE CHAIR STAND

Passed 61 Yea · 36 Nay · 2 Other
Party YeaNayPresentNot Voting
Republican 36000
Democrat 01400
Unaffiliated 252200
Total 613600
% of votes cast 63%37%0%0%
How each member voted (97)
Member Party Vote
BALLWEG — Yea
BOWEN — Nay
BRANDTJEN — Yea
BROSTOFF — Nay
CABRERA — Nay
CONSIDINE — Nay
CROWLEY — Nay
EDMING — Yea
FIELDS — Nay
GOYKE — Nay
GRUSZYNSKI — Nay
HEBL — Nay
HINTZ — Nay
HORLACHER — Yea
KATSMA — Yea
KERKMAN — Yea
KOLSTE — Nay
KUGLITSCH — Yea
LOUDENBECK — Yea
MACCO — Yea
MAGNAFICI — Yea
MEYERS — Nay
MILROY — Nay
MYERS — Nay
NYGREN — Yea
OHNSTAD — Nay
OLDENBURG — Yea
OTT — Yea
PETRYK — Yea
PLUMER — Yea
POPE — Nay
RAMTHUN — Yea
RIEMER — Nay
ROHRKASTE — Yea
SANFELIPPO — Yea
SARGENT — Nay
SCHRAA — Yea
SHANKLAND — Nay
SKOWRONSKI — Yea
STEINEKE — Yea
STUCK — Nay
TAUCHEN — Yea
THIESFELDT — Yea
VORPAGEL — Yea
VRUWINK — Nay
ZAMARRIPA — Nay
SPEAKER — Yea
Anderson, Clinton Democrat Nay
Billings, Jill Democrat Nay
Doyle, Steve Democrat Nay
Emerson, Jodi Democrat Nay
Haywood, Kalan Democrat Nay
Hesselbein, Dianne Democrat Nay
McGuire, Tip Democrat Nay
Neubauer, Greta Democrat Nay
Sinicki, Christine Democrat Nay
Spreitzer, Mark Democrat Nay
Stubbs, Shelia Democrat Nay
Subeck, Lisa Democrat Nay
Taylor, Sequanna Democrat Nay
Vining, Robyn Democrat Nay
Allen, Scott Republican Yea
August, Tyler Republican Yea
Born, Mark Republican Yea
Brooks, Robert Republican Yea
Dittrich, Barbara Republican Yea
Duchow, Cindi Republican Yea
Felzkowski, Mary Republican Yea
Gundrum, Rick Republican Yea
Jagler, John Republican Yea
James, Jesse Republican Yea
Kitchens, Joel Republican Yea
Knodl, Daniel Republican Yea
Krug, Scott Republican Yea
Kurtz, Tony Republican Yea
Murphy, David Republican Yea
Mursau, Jeffrey Republican Yea
Neylon, Adam Republican Yea
Novak, Todd Republican Yea
Petersen, Kevin Republican Yea
Pronschinske, Treig Republican Yea
Quinn, Romaine Republican Yea
Rodriguez, Jessie Republican Yea
Snyder, Patrick Republican Yea
Sortwell, Shae Republican Yea
Spiros, John Republican Yea
Stafsholt, Rob Republican Yea
Steffen, David Republican Yea
Summerfield, Rob Republican Yea
Swearingen, Rob Republican Yea
Tittl, Paul Republican Yea
Tranel, Travis Republican Yea
Tusler, Ron Republican Yea
VanderMeer, Nancy Republican Yea
Wichgers, Chuck Republican Yea
Wittke, Robert Republican Yea
Zimmerman, Shannon Republican Yea

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Subjects

public-safety environment
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Frequently asked questions

Who sponsors SB 310?
SB 310 is sponsored by Cowles and Petrowski.
What is the current status of SB 310?
This bill has been enacted into law. Introduced July 03, 2019. Enacted.
Where can I track SB 310?
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