AB 392

This bill creates a municipal grant program, administered by the Department

of Natural Resources, to address perfluoroalkyl and polyfluoroalkyl substances

(PFAS). Under the program, DNR must provide grants to cities, towns, villages,

counties, utility districts, lake protection districts, sewerage districts, and municipal

airports. DNR may award a grant only if the applicant tested or trained with a

PFAS-containing fire fighting foam in accordance with applicable state and federal

law, or if a third party tested or trained with PFAS-containing fire fighting foam

within the boundaries of the municipality; the applicant applied biosolids to land

under a water pollution permit issued by DNR; or PFAS are impacting the applicant's

drinking water supply or surface water or groundwater within the municipality and

the responsible party is unknown or is unwilling or unable to take the necessary

response actions.

Under the bill, grants provided under this program may be used to investigate

potential PFAS impacts in order to reduce or eliminate environmental

contamination; treat or dispose of PFAS-containing fire fighting foam containers;

sample a private water supply within one mile of a site or facility known to contain

PFAS or to have caused a PFAS discharge; provide a temporary emergency water

supply, a water treatment system, or bulk water to replace water contaminated with

PFAS; conduct emergency, interim, or remedial actions to mitigate, treat, dispose of,

or remove PFAS contamination; or remove or treat PFAS in public water systems in

areas where PFAS levels exceed the maximum contaminant level for PFAS in

drinking water or an enforcement standard for PFAS in groundwater or in areas

where the state has issued a health advisory for PFAS.

An applicant that receives a grant under this program must contribute

matching funds equal to at least 20 percent of the amount of the grant. The applicant

must apply for a grant on a form prescribed by DNR and must include any

information that DNR finds is necessary to determine the eligibility of the project,

identify the funding requested, determine the priority of the project, and calculate

the amount of a grant. In awarding grants under this program, DNR must consider

the applicant's demonstrated commitment to performing and completing eligible

activities, including the applicant's financial commitment and ability to successfully

administer grants; and the degree to which the project will have a positive impact

on public health and the environment.

Under the bill, an applicant that receives a grant under this program waives

the right to bring or maintain an action or claim against any person alleged to be

responsible for the PFAS contamination that is the basis for the grant, and DNR may

not issue a grant to an applicant that has received a monetary award from an action

or claim brought against such a person. The bill also states that no action or claim

may be brought against any person alleged to be responsible for the PFAS

contamination that is the basis for a grant under this program by any person or with