Gov. Evers and GOP Lawmakers Near a Deal on PFAS Pollution

Gov. Tony Evers and GOP lawmakers say they’re optimistic that a long-awaited deal is in sight over releasing $125 million set aside to address PFAS contamination.

Evers and Republicans worked with state regulators on changes to two bills authored by State Sen. Eric Wimberger, R-Oconto, and Rep. Jeff Mursau, R-Crivitz.  The proposals would create grant programs to address PFAS contamination and exempt certain individuals and facilities from paying for PFAS cleanup under the state’s spills law.

Last year, Evers vetoed a similar GOP bill over fears it would let polluters off the hook and limit the authority of the state Department of Natural Resources. In October, DNR staff testified that the reintroduced bills, as written, would prevent the agency from holding polluters accountable.

But Evers signaled Wednesday a deal may be within reach.

“I met with Republican lawmakers and the DNR last week about critical PFAS bill changes that will be necessary to garner my support, and I’m really optimistic we’re finally going to be able to get something good done here after months of successful and productive negotiations,” Evers said in a statement.

The proposed amendments to the bills include protections for innocent landowners, funding for emergency bottled water, around $80 million in grants for local governments and $35 million for a grant program to replace or rebuild contaminated wells.

Under the changes, a multiple groups would not be held liable for PFAS contamination under the state’s spills law, including farmers, landowners, business owners, fire departments, municipalities, municipal landfills and waste haulers. The state’s spills law requires anyone who causes, possesses or controls a hazardous substance to clean it up.

The Democratic governor and Republicans had long been gridlocked over addressing the so-called forever chemicals known as PFAS, or per- and polyfluoroalkyl substances. They have been linked to serious health issues and don’t break down easily in the environment. Funds set aside in a PFAS trust fund in the last state budget have sat untouched for more than two years, collecting interest.

Wimberger, who sits on the Republican-controlled finance committee, said the bills would provide relief for struggling communities without punishing landowners for pollution they didn’t cause.

“It releases the PFAS trust fund money in a manner that triages the most vulnerable and needy people as a priority. But, most significantly, it (includes) all of the legal changes that I was pushing for five years now, including the innocent landowner portion,” Wimberger told WPR.

Evers and Wimberger said staffing at the DNR is the only major item that had yet to be resolved under the bipartisan deal. DNR Secretary Karen Hyun said the agency originally requested 13 positions to help stand up new grant programs, but the bill includes 10 positions.

In prepared remarks Wednesday, Hyun told the Assembly environment committee that the DNR agreed to narrow exemptions for PFAS under the state’s spills law that are “pragmatic, reasonable, implementable and, most importantly, protective of human health and the environment.”

“This is a really good faith effort across the aisle, and I’m hoping we can get over the finish line in the coming months,” Hyun told WPR.

Under a community grant program, local governments could obtain funds to conduct PFAS sampling of public water supplies, schools, child care centers, high capacity wells, wastewater and sewage sludge. In total, more than $132 million would be devoted to addressing PFAS under the legislation. Hyun estimated it may take at least a year to hire staff and issue awards if the bills are passed with the proposed amendments.

Wimberger noted that under the changes, some companies and airports would not be considered innocent landowners, but a $5.25 million grant program is being created to assist public airports. However, paper companies that applied PFAS-contaminated sludge to farm fields would be held responsible.

Last fall, the DNR named paper companies responsible for widespread PFAS contamination in the town of Stella. Regulators have said PFAS pollution of private wells there stems from spreading paper mill sludge on farm fields in the region.

Wisconsin Manufacturers and Commerce, the state’s largest business lobby, submitted testimony that urged the Assembly committee to reject a proposed amendment outlining exemptions under the spill’s law, saying it unfairly targets businesses.

“The amendment seeks to let municipal operators of wastewater treatment plants and landfills off the hook, but penalizes businesses engaged in the same activities, under the same laws, regulations, permits, and approvals,” wrote Adam Jordahl, the group’s environmental and energy policy director.

But environmental group Clean Wisconsin urged the committee to adopt the changes. Sara Walling, the group’s water and agriculture program director, said she’s optimistic.“What we’ve gotten here today, is a bill that reaches that balance point between ensuring that communities are supported (and) polluters are held accountable,” Walling said.

Listen to the WPR report

Gov. Tony Evers and GOP lawmakers say a deal is within reach on addressing PFAS was originally published by Wisconsin Public Radio.