Gov. Evers Again Urges Wisconsin Republicans to Release $125 Million in Already-Approved Funds to Fight PFAS Statewide

In addition to calling for the release of $125 million to address PFAS statewide, Gov. Evers also urged lawmakers to take legislative action to empower the DNR to continue their work to create standards for PFAS contamination in groundwater through the rulemaking process. This comes as, last month, the DNR  finalized the economic impact analysis for the latest updates to NR 140, the administrative rule that sets standards for groundwater. The proposed rule would set standards for four specific PFAS compounds. The DNR finalized the analysis following the October public comment period and has determined the implementation costs would exceed $10 million over a two-year period. However, in 2017, the Legislature passed Wisconsin Act 57, also known as the Regulations from the Executive in Need of Scrutiny (REINS) Act, which blocks the DNR from moving forward with this rulemaking process.

The REINS Act sought to give the Legislature additional oversight in and power over the development and promulgation of rules, including requiring authorization from the Legislature to continue rulemaking efforts if an economic impact analysis of a proposed rule indicates that costs to businesses, local governmental units, and individuals would be $10 million or more in any two-year period. Until Republicans in the Legislature act to provide an exemption to the REINS Act, there can be no work on groundwater standards for PFAS in Wisconsin.

To that end, in addition to directing the DNR to submit a s. 13.10 request to release the $125 million in already-approved funds to fight PFAS, Gov. Evers last month also sent a letter to Sens. Robert Cowles (R-Green Bay) and Eric Wimberger (R-Green Bay), urging them to pursue legislation to create an exemption to the REINS Act in order to allow the rulemaking process to continue and provided draft legislation developed in partnership with the DNR enabling the Legislature to act quickly on this pressing matter. Sens. Cowles and Wimberger are the lead authors of 2023 Senate Bill 312, as referenced above, which Gov. Evers notes in his letter is unworkable as currently drafted without set groundwater standards for PFAS.

“As required under law, the DNR will pause rulemaking efforts on this proposed permanent rule until the Wisconsin State Legislature passes legislation explicitly allowing the DNR to continue this rulemaking. To expedite resuming this important rulemaking process, and consistent with the commitment you made to me to pursue legislation to that effect, my office has drafted legislation in partnership with the DNR for the Wisconsin State Legislature to take up expeditiously. I urge you to do so without delay,” wrote Gov. Evers in the letter.

“As we discussed in our November 8 meeting, without these standards set, having gone completely through the rulemaking process, the current language in SB 312 is not workable. It is my sincere hope that you will move forward quickly with this draft legislation to enable the DNR to continue this important rulemaking,” Gov. Evers wrote.

Most Wisconsinites source their drinking water from groundwater, including the 2.8 million people in the state whose public water systems rely on groundwater and the approximately one in four people in Wisconsin who drink water from private wells. The DNR’s proposed groundwater standards would limit the amount of PFAS released into the environment that could potentially contaminate groundwater used in public water systems and private wells.

In 2019, at the request of Gov. Evers, the DNR began work to establish standards for two types of PFAS (PFOA and PFOS) in groundwater, surface water, and drinking water. The Republican-controlled Natural Resources Board (NRB) approved surface water and drinking water standards in August 2022, but the NRB rejected standards for PFAS in groundwater, and the DNR had to restart the rulemaking process for these groundwater standards in December 2022. While the U.S. Environmental Protection Agency (EPA) has proposed maximum contaminant levels for six types of PFAS in public drinking water, which are expected to be finalized soon, the EPA does not have the authority to regulate PFAS in groundwater under Wisconsin’s groundwater law. As a result, there are no state or federal PFAS standards currently in place for groundwater. Furthermore, the drinking water standards in place at the state level do not apply to private well owners, and private well owners are also solely responsible for any costs associated with voluntary actions to sample or treat private well water.

Gov. Evers has long been committed to protecting Wisconsin’s water and public health, including declaring 2019 the Year of Clean Drinking Water shortly after taking office. Gov. Evers also signed Executive Order #40, which directed the DNR to create a PFAS coordinating council, now known as WisPAC, to develop statewide initiatives to address growing public health and environmental concerns regarding PFAS. This led to the development of Wisconsin’s PFAS Action Plan, which serves as a roadmap for how the state could address PFAS. In his 2023-25 proposed budget, Gov. Evers allocated over $100 million to support municipalities in responding to local PFAS contamination, bolster staff and resources at the DNR, and increase PFAS testing, sampling, and monitoring throughout Wisconsin. Republicans in the Legislature removed this provision in the final budget. Gov. Evers has also taken action to address PFAS contamination in private wells by creating a revamped Well Compensation Grant Program with updated eligibility criteria to enable more Wisconsinites to access this grant program and investing $10 million in the much-needed program.