Republicans approve historic $125 million investment in 'forever chemical' clean up in state budget
Laura SchulteMADISON - Republicans on the Legislature's powerful budget-writing committee have approved a plan to dedicate a historic $125 million to clean up "forever chemical" contaminations across the state, an amount that exceeds what was previously proposed by Democratic Gov. Tony Evers, but the lawmakers also voted to put off spending it.
The 11 Republicans on the Joint Finance Committee voted late Thursday to put the money into a "PFAS trust fund." The funding will be accessed to fund programs related to PFAS when future bills are passed to spend it − a historically tough goal to achieve in the state Legislature in recent years but has garnered more support to accomplish among Republicans who had previously been opposed.
Department of Natural Resources officials also would likely need to get permission from the finance committee to access the funding for programs once it's allocated.
Finance committee co-chairman Rep. Mark Born, R-Beaver Dam, said creating the fund would allow for more people to have input on how the money is spent.
"When it comes to this historic funding and PFAS we want to work with other people to create the right ways to make sure that this money is having the right impact on this serious issue here in Wisconsin," he said.
All four Democratic members of the committee voted against the proposal and Evers said through a spokeswoman on Friday that by putting the funding in a trust fund instead of allocating the money now made it clear that Republicans don't see PFAS as an urgent issue.
"Republicans have already wasted years of precious time in the fight against PFAS, ignoring four years of Gov. Evers’ repeated calls to take immediate action to ensure every Wisconsinite has clean, safe drinking water, free of PFAS, lead, and other harmful contaminants," Evers' spokeswoman Britt Cudaback said.
"Unfortunately, it remains clear Republicans still have no urgent interest in addressing PFAS or other harmful contaminants because they’re more focused on finding ways to circumvent the governor’s line-item veto authority than doing the right thing for Wisconsin."
The proposal also approved $1 million for a well compensation program, which can be used to help homeowners with nitrate issues in their private wells, but legislators have talked about eventually expanding the program to also help wells with PFAS contamination.
That would be especially helpful in communities like the Town of Stella and the Town of Campbell, where high numbers of residents are now relying on bottled water for drinking water, bathing and brushing teeth.
"PFAS is an important issue we've heard a lot as we've traveled the state," Finance committee co-chairman Sen. Howard Marklein, R-Spring Green, said during a press conference before the meeting. "It's a big problem, obviously, in our state, and the Legislature is taking this problem very seriously by committing $125 million to it."
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.
Last year, the Journal Sentinel tested the water of 40 homes on public water systems across the state as part of an investigation into the spread of PFAS, finding some levels of the toxic compounds in 30% of the homes.
As more testing is done and more contaminations are found, communities have started to ask for help.
Democrats criticized the time it's taken the Legislature to make meaningful strides in addressing PFAS.
Sen. LaTonya Johnson, D-Milwaukee, shared a story about the tender moments of bathing her newborn infant for the first time, and lamented the parents who won't get the chance to do the same due to PFAS and other contaminants in their water.
"I can't imagine having a young child and wanting to bathe them or having to bathe them in water like that," she said. "Kids under 6 are so vulnerable when it comes to toxins."
They also criticized the lack of structure for the funding.
Sen. Kelda Roys, D-Madison, said that putting aside money to address PFAS is good, but more action is needed.
"You can't do it on money alone," she said. You also have to have standards, you have to have testing. You have to have accountability. You have to have staff."
She likened the trust fund to a "sealed glass case that can only be touched if the Legislature blesses" it.
"We have seen time and again how that doesn't work," Roys said.
Legislature blocked earlier measures by Gov. Tony Evers to address PFAS
Over the past two budgets, Evers has proposed a number of measures to address the compounds and their cleanup.
In 2021, all but one of the measures was removed by the Legislature. This year, the removal of standards and a provision that would target polluters for the costs of contamination were immediately struck from the governor's proposal.
But a number of provisions remained, including one to establish a municipal grant program to help with testing and contamination mitigation, emergency responses and the well compensation program, among others. In all the investments in handling PFAS in Evers' budget came in at more than $100 million.
On Monday, a group of Republican lawmakers released a bill similar to Evers' proposals, but would limit the actions that the DNR could take relating to PFAS. It would create grant funding for communities to access testing, provide protections for buyers who unknowingly purchased PFAS-contaminated land, allow homeowners to use the well compensation program to buy filtration systems and require remediation at contaminated sites, among other provisions.
The authors of the bill said that they hoped the programs would be built into the budget, but author Sen. Eric Wimberger, R-Green Bay, said it was too early in the process to know if the proposed provisions will be supported by other legislators and the governor.
"We need to give ourselves time to find out the right solutions," Wimberger said during a press conference before the vote.
Conservation groups celebrated the investment but called for the Legislature to ensure that the trust fund doesn't sit stagnant for years.
"Tonight's action by the Joint Finance Committee will hopefully begin to protect our communities from these dangerous forever chemicals," said Peter Burress, the government affairs manager for the Wisconsin Conservation Voters.
“We still have work to do to ensure we pass the legislation that allows this funding to be spent and distributed to communities equitably and efficiently."
Peg Sheaffer, the director of communications and development for Midwest Environmental Advocates, said the investment was overdue but that lawmakers now need to think carefully about their next steps.
"PFAS contamination is an urgent problem that requires a comprehensive set of solutions," she said in an email. "While the allocation of adequate funding for testing and remediation is obviously important, it's also critical that the DNR retain its authority to investigate PFAS contamination and to hold polluters accountable."
Laura Schulte can be reached at leschulte@jrn.com and on Twitter at @SchulteLaura.