Republicans announce bill to help communities cope with PFAS contaminations. Here are the bill's major provisions
Laura Schulte
MADISON – Republican lawmakers released a bill Monday aimed at helping communities cope with the impacts of "forever chemical" contaminations while in some cases limiting investigative actions that can be taken by the Department of Natural Resources.
The large bill would create a number of programs and provide state funding to help communities and public water systems offset the cost of testing drinking water, among other requirements for the DNR.
Authored by Sen. Rob Cowles, R-Green Bay, Sen. Eric Wimberger, R-Green Bay, Rep. Jeffrey Mursau, R-Crivitz and Rep. Rob Swearingen, R-Rhinelander, the bill was circulated Monday among lawmakers for co-sponsorship.
The bill does not include the funding for the programs. Lawmakers would need to take additional action to fund the grant programs and no fiscal impact statement has yet been conducted estimating the costs of the measures, but Cowles said Monday funding would likely be discussed Thursday during a session of the Legislature's joint finance committee.
PFAS, or per- and polyfluoroalkyl substances, are a family of man-made chemicals used for their water- and stain-resistant qualities in products like clothing and carpet, nonstick cookware, packaging and firefighting foam. The family includes 5,000 compounds, which are persistent, remaining both in the environment and human body over time.
The chemicals have been linked to types of kidney and testicular cancers, lower birth weights, harm to immune and reproductive systems, altered hormone regulation and altered thyroid hormones. The chemicals enter the human body largely through drinking water.
PFAS have been found across the state in cities like La Crosse, Marinette, Peshtigo, Milwaukee, Madison, Rib Mountain, the Town of Stella, Rhinelander and Eau Claire. As testing increases, more communities are finding the compounds within their water supplies and considering what actions to take to protect residents.
Here are changes the bill would make:
Create a municipal PFAS grant program
For all grants provided under this program, the DNR would not be able to require that a recipient take any action to address PFAS unless the compounds exceed existing standards in state or federal law. The results of any testing done with grant funding could not be publicly disclosed without notifying the community at least 72 hours in advance before disclosure.
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Here's what the grants would cover.
- Grants would be distributed in equal amounts to municipalities to cover the cost of testing drinking water or to reimburse the community for testing already done.
- Grants for testing would be available to non-municipal entities that are treated as public water systems by the state.
- Grants for municipalities to test for PFAS at municipally-owned or managed locations where the compounds may be present. These grants wouldn't be available if the community has already accessed grant funding for water testing.
- Grants for the disposal of biosolids — the sludge left over after the wastewater treatment process — at facilities that accept PFAS-contaminated waste. The grant would require a 20% match from the community.
- Grants to aid in paying for facility upgrades or new infrastructure for communities that are small or disadvantaged or in which rates for drinking or wastewater would increase by more than 20%.
- Grants to aid in other costs for PFAS, such as those incurred by fire departments that may have had PFAS-containing foam or have used it in the past.
Innocent buyer grant program
The bill would provide grant funding for those who own a property with PFAS contamination that is no fault of their own. The DNR may provide grants up to $250,000, and may require matching funds of no more than 20% of the grant amount from the applicant.
Limits on DNR actions relating to PFAS
Under this bill, the DNR can't require owners of brownfields — abandoned, idle or underused industrial or commercial facilities or sites — to test for PFAS unless there is a measurable risk to public health, there is a significant risk that the project would lead to worsening environmental conditions or the entity is responsible for contamination.
When testing for PFAS, the DNR also could not collect samples from properties without written permission from the landowner to collect samples, test them and publicly disclose the results.
The agency also would not be able to take enforcement action against a landowner based on sampling results, unless the results are above the state or federal standards.
Generally, the bill would require the department to increase its PFAS testing as well.
Firefighting foam
The bill would require the DNR to survey or resurvey local fire departments about their use and possession of foam containing PFAS, and contract with a third-party group to collect the foam.
This program is similar to one already underway in Wisconsin, which is working with fire departments across the state to collect and dispose of foam.
Well compensation grant program
The bill would allow for applicants to the well compensation fund, which helps homeowners pay to replace contaminated private wells, to use the funding to purchase a filtration device and up to two replacement filters.
Portable water treatment system pilot project
The DNR would be required 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, treated and returned to the surface water. The agency would be required to test the water to evaluate its effectiveness.
Remedial action at contaminated sites
The DNR must begin response and remedial actions at any contaminated site, where a responsible party hasn't been identified, or the identified party cannot pay for remediation.
Reduction of PFAS testing costs
The DNR and the Board of Regents of the University of Wisconsin System would be required to reach an agreement to decrease the price of PFAS testing at the state lab of hygiene by at least 10% within two years.
Currently, the cost of a single PFAS test can range from about $350 to $500.
PFAS studies and reporting
The DNR and the Board of Regents would be required to study the cost, feasibility and effectiveness of different methods of treating PFAS before they are released into a body of water. It would also require a cost-benefit analysis of different options for disposing of biosolids containing PFAS, a study on the cost and effectiveness of destruction and disposal methods, and a study on the migration of PFAS into the bay of Green Bay.
Finally, the DNR would be required to create an interactive map of contamination, with data points showing whether levels are above state or federal standards.
DNR reporting requirements
The DNR would be required to report to the Legislature every six months for three years, providing detailed descriptions of expenditures related to provisions of the bill.
Public water utility projects
Communities that began a project to address PFAS without the permission of the Public Service Commission couldn't be punished for having done so. The community must have commenced the project due to public health concerns and must submit proper documentation to the PSC within six months.
Limitations on annexation as a PFAS source reduction measure
No city or village may annex territory to which they have extended drinking or wastewater services, unless two-thirds of residents vote to approve the annexation.
Bill authors hope grant programs will be funded by upcoming biennial budget
Cowles said in an interview Monday that the authors of the bill are currently in discussions with the joint finance committee over how the bill would be funded if passed.
He said the committee would likely discuss funding the PFAS measures during the committee's hearing Thursday morning, in which the natural resources section of the budget is scheduled to be discussed.
Cowles said the legislation would be a step forward for Wisconsin, and help with addressing the growing number of contaminations being found.
"We're going to fight for this, and a substantial monetary contribution," he said.
Gov. Tony Evers proposed several measures in his biennial budget
Gov. Tony Evers has tried several times to include money to fund similar measures in the state budget. In 2021, almost all PFAS-related measures were stripped from his proposed budget by the Republican-controlled Legislature, and in the current budget process, a number of measures have been rejected as well.
Included in this year's budget proposal were a number of proposals regarding identifying and cleaning up contaminations, but it is unclear if any of the measures will be included in the final budget released by the Legislature this summer.
- $100 million for a municipal grant program, which would help cover the cost of testing and fixing contamination.
- About $4 million to conduct sampling and research, including the development of soil-testing standards, redevelopment guidelines, standards for the disposal of PFAS-contaminated materials and sampling for private wells.
- $1 million to continue the collection, disposal and replacement of firefighting foam containing PFAS
- $1.8 million for emergency responses to PFAS contamination.
- Establishing and enforcing various environmental standards for PFAS. This measure was eliminated by the Legislature.
- $8.2 million for the Revitalize Wisconsin program, to address discharges of hazardous substances of the existence of environmental pollution and removing waste materials dumped on abandoned properties.
- $1 million for the well compensation program, which would expand the program to serve more residents with contaminated private wells.
Laura Schulte can be reached at leschulte@jrn.com and on Twitter at @SchulteLaura.