Madison Reporter

MADISON – Senator Rob Cowles (R-Green Bay) addressed the Senate Floor during today's veto override session on 2023 Senate Bill 312, focusing on the impact of PFAS contamination across Wisconsin. In his speech, Cowles emphasized the ongoing learning process regarding PFAS and criticized the Department of Natural Resources' (DNR) approach to handling the issue.

"PFAS has impacted numerous sites throughout the state, and the truth is that we’re still learning more about PFAS every day," Cowles stated. He highlighted that his co-authors and he felt it was crucial to provide both financial relief from PFAS contamination and legal protections through SB 312.

Cowles elaborated on the development of an "innocent landowners list," created in consultation with the DNR. He mentioned that numerous changes were made to this list based on feedback from multiple amendments over months of meetings and phone calls. According to Cowles, a Legislative Council memo indicated significant overlap between their list of innocent parties in SB 312 and those not held federally liable for contamination under recent EPA Superfund announcements.

"The Governor and the DNR have said on numerous occasions that they choose not to pursue parties innocent in contamination events for enforcement. Unfortunately, that’s just not true," Cowles asserted. He argued that victims of pollution would continue to bear financial and legal burdens due to what he believes was a misinformed veto by the Governor.

Cowles cited a review of publicly available DNR documentation showing 22 sites with responsible parties deemed reasonably innocent for contamination, affecting 16 different Senate Districts. He pointed out that local governments already face limited liability protections under existing laws but are still significantly impacted by DNR orders.

He provided specific examples where local units of government were held liable for PFAS contamination despite seemingly having no direct responsibility. These included cases involving federal mandates, industrial spills affecting municipal wells, and illegal dumping in city-owned quarries.

Cowles concluded by noting support from local government groups such as the League of Wisconsin Municipalities, Wisconsin Towns Association, and Wisconsin Counties Association for both financial relief and legal protections offered by SB 312. "We have a chance to remedy this mistake by the Governor," he urged his colleagues, emphasizing the need for both financial resources and legal protections to address PFAS issues effectively.