Wisconsin Senate passes $133 million package to combat 'forever chemicals,' sends bills to governor

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MADISON, Wis. (AP) — The Wisconsin Legislature sent a $133 million plan to combat contamination from so-called forever chemicals to Gov. Tony Evers for his approval Tuesday, promising an end to years of squabbling between the Democratic governor and Republican lawmakers over the issue.

Evers said immediately after the Senate approved the bills Tuesday afternoon that he would sign them into law. The rare bipartisan compromise offers at least some hope for the scores of Wisconsin villages, towns and cities grappling with PFAS pollution in their groundwater.

“Beautiful. This has been a long time coming,” Campbell Town Supervisor Lee Donahue said of the Senate votes. Residents of the town of 4,300 have been drinking bottled water since state health officials warned them in 2021 that more than 500 wells were contaminated. Donahue said state dollars would help the town transition from private wells to a municipal water system treated for PFAS.

“This is definitely a day for celebration,” she said.

PFAS — short for per- and polyfluoroalkyl substances — are manmade chemicals that don’t easily break down in nature. They're found in a wide range of products, including cookware and stain-resistant clothing, and previously were often used in aviation fire-suppression foam. The chemicals have been linked to health problems including low birth weight, cancer and liver disease, and have been shown to make vaccines less effective.

Communities located near industrial sites and military bases nationwide are grappling with PFAS contamination. Government estimates suggest as much as half of U.S. households have some level of PFAS in their water — whether it comes from a private well or a tap. While federal officials have put strict limits on water provided by utilities, those rules don’t apply to the roughly 40 million people in the U.S. who rely on private drinking water wells.

Municipalities across Wisconsin are struggling with PFAS contamination in groundwater, including Marinette, Madison, Peshtigo, Wausau, the town of Stella and Campbell. The waters of Green Bay also are contaminated.

In Stella, for example, private wells were badly contaminated by PFAS-laden fertilizer spread on farm fields. The state has had limited resources to help, struggling to provide widespread free testing, and officials have offered only a limited grant program for well replacements.

Tom LaDue, a Stella resident, lives on the shores of a highly contaminated lake. He said the Senate signing off on the bills was a rare bit of good news for his town of 670 people. Testing has shown very little PFAS in his private well, but LaDue sits on a town committee that tracks PFAS developments and he knows dozens of people are living on bottled water. He said he hopes the town will get enough money to at least test private wells for pollution.

“We've been waiting for it for a long time,” he said of releasing the money. “We'll be letting everyone in the town know this has passed and we'll finally see, hopefully, some forward movement in our small town.”

Evers and Republicans have been at odds for years over how best to address the pollution. The 2023-25 state budget created a $125 million trust fund to combat PFAS contamination, but the two camps haven't been able to agree on how to spend it.

The governor vetoed a GOP bill two years ago that would have spent the money on grants for municipalities, landowners and waste disposal facilities to test for PFAS in water treatment plants and wells. But Evers said the bill limited state regulators' authority to hold polluters liable and environmental groups urged him to kill the proposal.

The fund has grown to $133.4 million during the stalemate, according to the Legislative Fiscal Bureau.

The chief sponsors of that original bill, Republican Sen. Eric Wimberger and Rep. Jeff Mursau, released two new proposals in January after discussions with the state Department of Natural Resources, an Evers cabinet agency.

The first bill would spend $132.2 million from the PFAS trust fund for community grants, well replacements, airports and industrial properties and $1.3 million from the state's general fund to cover 10 new state Department of Natural Resources positions to administer the spending.

The second proposal establishes a list of entities that would be exempt from liability for contamination, similar to the bill Evers vetoed in 2024. Included on the list are people who spread PFAS while in compliance with permits that did not address PFAS; landowners whose property was contaminated pursuant to a permit; owners of contaminated industrial property who didn't cause the pollution; and fire departments that used PFAS in their foam. Businesses that own or operate facilities that currently or have used PFAS or have ever spread industrial waste could be held liable, however.

The Assembly passed both pieces of legislation unanimously on the last day of its regular two-year session in February. The Senate passed the bills overwhelmingly, approving one bill 33-0 and the other on a voice vote with almost no discussion.

“I’m incredibly proud we were able to work across the aisle to get this done — and get it done right,” Evers said in a statement.