The Wisconsin Senate has passed two bills that provide a framework for spending $133 million to address PFAS contamination and protect so-called innocent landowners.
They now head to Gov. Tony Evers for his signature. Mr. Evers has long been at odds with Republicans over his approach to PFAS (per- and polyfluoroalkyl substances).
“While I wish Congress had not taken so long to join me in this important work, I am pleased that these bills will soon reach my desk so we can get these important and long-awaited investments to the people and families who need them,” Evers said in a statement.
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The proposal reflects a bipartisan agreement between Evers, state regulators and Republicans. The bill was authored by state Sen. Eric Wimberger (R-Gillette) and Rep. Jeff Mursau (R-Crivitz).
Senators unanimously passed a bill that would exempt certain individuals and entities from paying for cleanup of PFAS contamination they did not cause under the state’s spill law. Spill laws require those who generate, possess, or control hazardous substances to clean them up. Another bill that would create a subsidy program to address PFAS contamination was also passed by voters.
Winberger said on the Senate floor that the bills represent rare bipartisan agreement on a controversial issue that affects nearly all Wisconsinites.
“The result is a bill that helps people in need and prevents the government from going after truly innocent people who cause dangerous discharges,” Winberger said.
Sen. Jodi Habush-Shinikin, D-Whitefish Bay, said the package frees up money set aside in the PFAS trust fund under the last state budget, which had been sitting idle for more than two years.
“We know there is still much work to do to address PFAs contamination across Wisconsin, but today is an important and meaningful step forward,” said Havsh-Shinikin. “Communities that have been living with this uncertainty and health concerns will finally see real support and real progress.”
The bill includes protections for innocent landowners, emergency bottled water funding, nearly $80 million in grants to local governments, and $35 million for a grant program to replace or rehabilitate contaminated wells.
Under the agreement, farmers and residents would not be responsible for cleaning up PFAS-contaminated sludge if it spreads onto their land. The same applies to commercial businesses. Also exempt are fire departments and communities that use chemical-containing firefighting foam during training or emergencies, as well as municipal landfills and waste haulers that dispose of PFAS-contaminated waste.
Industrial, commercial, and manufacturing facilities that use PFAS in their operations are not considered innocent landlords. A $5.25 million grant program has been created to support public airports, but airports are no different.
The changes to the exemption had drawn opposition from the Wisconsin Manufacturing and Commerce Association, among others. The state’s largest business lobby said the changes unfairly target businesses and could face legal challenges.
Environmental and civic groups like Save Our Water supported the change and said there are still jobs left for people who rely on private wells.
“SOH2O continues to make progress toward achieving meaningful groundwater standards for PFAS,” said Jeff Lamont, chairman of the group.
Mr. Evers vetoed a similar Republican bill last year, saying it threatened to free up polluters and limit the powers of the state Department of Natural Resources.
PFAS include thousands of synthetic chemicals that have been used in everyday products since the 1940s. High exposure to PFAS is associated with serious health problems. Chemicals do not easily break down in the environment.
The bill includes 10 new positions that will allow the DNR to administer new grant programs. The agency will be required to submit semiannual reports to Congress on progress in implementing these programs for the next three years.
The DNR and the University of Wisconsin are also directed to conduct research on the cost and effectiveness of PFAS and sewage sludge treatment and disposal methods.
Under the regional grant program, local governments can obtain funding to conduct PFAS sampling of public and private water supplies, schools, child care centers, high-capacity wells, wastewater and sewage sludge.
PFAS levels in nearly 100 public water systems in Wisconsin exceed federal drinking water standards established last year. The chemical was found in public water systems in Eau Claire, Wausau, Madison and La Crosse. It has also been found in private wells in the towns of Peshtigo, Campbell, and Stella.
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