PFAS Observer
The question is not whether Wisconsin will act on PFAS—but who should pay the bill. As Wisconsin Governor Tony Evers rolls out a sweeping plan to tackle per- and polyfluoroalkyl substances (PFAS) contamination statewide, Republican lawmakers are doubling down on legislation that could exempt polluters and passive receivers from financial responsibility.
Evers’ Narrow Exemption in Executive Budget Proposal
Earlier this year, Evers proposed his biennial Executive Budget for 2025-2027, that earmarks over $145 million towards addressing Wisconsin’s PFAS contamination and would exempt residential and agricultural landowners affected by PFAS-contaminated sewage sludge from liability. This effort seeks to expand access to clean drinking water in Wisconsin, particularly in the context of his “2025: Year of the Kid” initiative. The proposal includes funding to support testing, remediation and infrastructure upgrades for both private well owners and municipalities across the state.
The proposal would allocate $125 million from the PFAS Trust Fund for immediate DNR-led remediation work and $7 million for biosolid testing, remediation and landowner support. The proposal also approves new rulemaking efforts to revisit the stalled effort to set Wisconsin’s public health-based groundwater standards for six PFAS—the same PFAS for which EPA issued MCLs in 2024—marking a renewed attempt at regulation after past rulemakings were blocked under the Wisconsin “REINS” Act (The Regulations from the Executive in Need of Scrutiny Act).
Evers is also advocating for the adoption of the Chemical Level Enforcement and Remediation (CLEAR) Act, which was previous introduced in 2021 by Evers with Democratic lawmakers, which would:
- exempt PFAS-related DNR rulemaking from the REINS Act;
- prohibit biosolid land application exceeding PFAS limits;
- require PFAS site-specific cleanup plans;
- expand DNR’ s authority to enforce financial responsibility for potential polluters; and
- prioritize PFAS-related water infrastructure funding.
Wisconsin Senate Bill 127 (2025)
Wisconsin lawmakers are also debating whether more exemptions or more funding will finally move the needle on PFAS. On March 14, 2025, state senator Eric Wimberger (R-Green Bay), alongside multiple Republican senators and representatives, introduced Senate Bill 127 (SB 127), which proposes broad exemptions from liability under Wisconsin’s Spills Law for certain entities connected to PFAS contamination—provided they grant the Department of Natural Resources (DNR) access to conduct remediation at the state’s expense.
Wisconsin’s current Spills Law (Wis. Stat. § 292.11) tracks the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) in imposing joint and several liability upon potentially responsible parties, including past and present owners and operators of properties contaminated by hazardous substances..
SB 127 proposes that the following entities be exempt from certain DNR enforcement actions if they permit DNR to remediate the land:
- Biosolid Applicators: Those who spread PFAS-contaminated biosolids or wastewater residuals with a valid permit.
- Landowners: Owners of property where such materials were spread lawfully.
- Emergency Responders: Fire departments, public-use airports, and municipalities that used PFAS during emergencies or federally compliant training.
- Waste Facilities: Solid waste disposal sites that accepted PFAS.
- Non-origin Site Property Managers: Those who manage, lease or own property affected by PFAS contamination that originated elsewhere—unless they also control the source site.
Critics argue that such exemptions risk weakening environmental responsibility and could reduce DNR’s leverage to ensure full remediation. Supporters frame the bill as at shielding “innocent” entities (i.e., those acting in good faith under existing regulations) from cleanup costs while transferring the financial and operational burden to the state. SB 127 remains pending in the Committee on Natural Resources and Veteran and Military Affairs Committee.
The debate over PFAS liability in Wisconsin highlights the complex challenge of balancing environmental responsibility with fairness to impacted communities.
Pillsbury attorneys will continue to monitor state PFAS enforcement and funding advancements and the broader developments in environmental regulation.
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