Water Quality Task Force Bills: the Good, the Bad, and the Ugly

The Good

The Water Quality Task Force bills cover a variety of topics and legislation, and there is ultimately more good than bad within the group as there are five bills that we have registered in support of. These bills promote adequate public health standards, provide funding for conservation positions and farmers, and prioritize clean water and a clean environment.

Well Compensation (WQTF AB 789/SB 724)

This bill will provide well compensation grants and funding for soil and water programs, and for the replacement of lead service lines. Under this bill, owners of a contaminated well will be able to apply for a grant from the Department of Natural Resources so long as their annual family income does not exceed $100,000, a $35,000 increase from current regulations. Funding will also be increased for other DNR activities, such as lake and river protection, nonpoint source water pollution abatement, and contaminated sediment removal. The Sierra Club supports this bill because it will finally supply the necessary funds to help maintain proper health standards around the state.  

County Conservation Staffing (WQTF AB 790/SB 723)

This bill increases the amount of funding appropriated to the Department of Agriculture, Trade and Consumer Protection (DATCP) by $2,960,900 for the 2020-2021 fiscal year. The county must agree to maintain their staffing at or above the average number of conservation positions for the following two years in order to receive their grant. The funds will be used to promote enrollment in the Conservation Reserve Enhancement Program, “a joint federal and state program that pays farmers to remove from production land that is environmentally sensitive and that poses a high priority conservation concern and to plant resource conserving plant species on that land.” We support this bill given that it promotes the maintenance of local land conservation personnel. Many landowners need help from local conservation experts, and counties will have a difficult time funding these positions without help from the state.  

PAH (WQTF AB 797/SB 716)

This bill prohibits the use of toxic tar-based sealant products and high polycyclic aromatic hydrocarbons (PAH) sealant products (<.1% of PAH by weight) by the end of 2021. The sale of such products will be prohibited beginning January 1, 2021, and the use of such products will be prohibited beginning on July 1, 2021. Violators of the law are subjected to general penalties of environmental provisions. We are in support of this bill in its prohibition of the sale and use of harmful coal tar sealant products, which are extremely toxic. 

Assistance to Farmers for Conservation (WQTF AB 795/SB 715)

This bill provides the funding for a full-time grazing coordinator in the Dept. of Agriculture to develop and assist in implementing the most effective grazing strategies; the bill provides grants to the DATCP to reimburse agricultural producers who apply for certification of water stewardship from the Alliance for Water Stewardship. The bill also authorizes the DATCP to allow the Risk Management Agency to provide rebates for crop insurance premiums, as well as providing funding of $250,000 of annual general fund appropriation from the DATCP to producer-led watershed protection groups, including farmers located in adjunct watersheds. The bill expands the eligibility of lake protection grants to production-led groups, and allows DATCP to focus on a county’s commitment to implementing the approved land and water resource plan when determining which counties to allocate the soil and water resource conservation grant to. The Sierra Club supports this bill as it provides funding to support farmers to find a way to reduce water pollution runoff through various measures. 

Septic Systems (WQTF AB 791/SB 710)

The Septic Systems bill was created in order to amend section 9439 (4t) of the 2017 Wisconsin Act 59, that previously repealed the Department of Safety and Professional Services (DSPS) grant program that provided funding to businesses and persons being treated by private on-site wastewater treatment systems (septic systems, or POWTS) on June 30, 2021. The bill extends the funding of grants to June 30, 2023 and requires DSPS to provide information to the county’s public regarding the eligibility of recipients for the grant. We support this bill as it extends the period of time in which businesses and persons can be awarded funding to fix failing POWTS in Wisconsin.

The Bad & The Ugly

While the Water Quality Task Force bills do contain several outstanding pieces of legislation, there are still a few bills that we have chosen to oppose. These are the bills that we can’t afford to pass for the sake of our clean water. From unnecessarily complicating bureaucratic processes to implementing detrimental environmental processes in the name of conservation, these bills put Wisconsin’s waters at risk.  

Groundwater Standards (WQTF AB 794/SB 708)

Under current law, the Department of Natural Resources (DNR) is required to compile a list of substances that, if they enter our groundwater system, could result in various public health issues. The DNR then submits this list to the Department of Health Services (DHS) to create enforcement standards. This bill will require that the DNR extend its period of public notice and prolong its conversation with the DHS, therefore postponing action on achieving certain groundwater standards. The Sierra Club opposes this bill as it fails to prioritize clean water by imposing extra unwarranted delays that favor big businesses. This bill unnecessarily requires DHS to complete a process already assigned to DNR, and ultimately makes the system for maintaining proper health standards even worse.

Wetlands and Floodplain Restoration (WQTF AB 793/SB 711)

Under current law, the DNR reviews applications for municipal flood control grants based on prioritized and eligible actions. This bill proposes that DNR lower the criteria when considering candidates on the grounds of cost-effectiveness and loss of tax base. The Sierra Club is opposing this bill as it works to loosen environmental regulations and puts Wisconsin’s floodplains at risk. This bill appears to nit-pick an existing DNR program and fails to recognize the watershed approach to flood management.

Biomanipulation (WQTF AB 798/SB 725)

This bill advocates for biomanipulation and claims that biomanipulation projects will help to improve the water quality of Wisconsin lakes. The bill requires the DNR to give grants to water improvement groups in order to fund such projects, ranging upwards of $150,000. This obscene amount of money should be put to better use than deliberately altering our natural lakes and their ecosystems. As this “improvement in water quality” will most likely result in a reduction of algae for the sake of lake users, the Sierra Club opposes this bill. While we support the end goal of improving the water quality of Wisconsin lakes, the specific biomanipulation techniques are not detailed in this bill, making it vague and therefore difficult to support. 

Still Researching...

There are a few bills left within the Water Quality Task Force group that we have yet to take a definitive position on. These bills were divisive among our Legislative Committee, and we are committing further time and research towards them in order to form a more comprehensive opinion.  

Office of Water Policy (WQTF AB 799/SB 709)

AB 799/SB 709 focuses on creating an Office of Water Policy that is attached to the University of Wisconsin system. The purpose of this office would be to coordinate efforts to manage, conserve, protect, and enhance the productivity of the state’s natural water resources for all uses. The office would supply technical assistance to local governments and create state-wide programs that prioritize healthy water use and water quality. 

PFAS Clean Sweep (WQTF AB 792/SB 717)

The PFAS Clean Sweep bill would expand the clean sweep program to include the collection of certain harmful firefighting foams. This bill requires the Department of Agriculture, Trade and Consumer Protection, in collaboration with the Department of Natural Resources to collect or dispose of firefighting foam that contains harmful substances. These substances consist of polyfluoroalkyl substances (PFAS), which upon exposure is shown to increase chances of cancer, kidney disease, and other life-threatening health issues. 

Nitrate Pilot Programs (AB 796/SB 718)

This bill requires that DATCP create a pilot program in which it may award grants to farmers who work to implement a program (over at least two growing seasons) that aims to reduce nitrate loading or optimizes the amount of nitrate used in growing, while protecting the water quality. The bill requires the recipients of the grant to work in collaboration with participating universities, and provides that the university may monitor the research on-site. The bill stipulates that the participating universities must utilize their research to make state-wide recommendations to agricultural producers on how to optimize nitrate usage while improving water quality in the state.

Written by Kaden Mettel and Alana Hirsch, Legislative & Electoral Project Aides with the Sierra Club Wisconsin Chapter. Thumbnail photo courtesy of Pontla