MADISON, Wis. — The ongoing disagreement over spending Per- and Polyfluorinated Substances (PFAS) pollution funds in Wisconsin continued Tuesday as Gov. Tony Evers asked the Legislature’s Joint Finance Committee to release $125 million to fight contamination across the state.
This latest move comes in response to a Republican-backed bill that cleared the Assembly last week and the Senate in November, which the governor said has provisions to protect polluters.
Now, Evers has put forth what he called a compromise to release unspent funds that were approved as part of the overall state budget signed into law in July. Though the 16-member Joint Finance Committee is controlled by Republicans, it has more flexibility to meet compared to the Senate and Assembly, which wrapped up its work last week.
The governor said his proposal is “functionally identical” to what Republicans already passed, but removes a so-called “poison pill” from Senate Bill 312.
“In Wisconsin, if someone pollutes our water, property, and natural resources, Wisconsinites expect them to pay to clean it up. That’s just common sense. I’m not signing a bill that lets polluters off the hook for cleaning up their contamination and asks Wisconsin taxpayers to foot the bill. No way,” Gov. Evers said in a statement released Tuesday.
Before last week’s floor vote in the Assembly, Republicans insisted the provision is to protect innocent landowners from being held responsible for something they didn’t do.
“If it flows past my property into my neighbor’s property, I could be an emitter, and I could be held responsible for the pollution on his property, and he could sue me over it,” State Rep. Jeff Mursau, R-Crivitz, explained. “Do we want that? I don’t think anybody wants that in any place in this state, so that’s why we have the innocent landowner [provision], and that seems to be the hold up. You’re right, there was 90-plus percent of this bill that we all agree on.”
Reacting to the latest effort by the governor on Tuesday, State Sen. Eric Wimberger, R-Green Bay, who introduced the bill and sits on the Joint Finance Committee, said the governor’s request covers just two of 19 provisions in his legislation.
Wimberger argued that amounts to turning the PFAS Trust Fund into a $125 million slush fund for the state’s Dept. of Natural Resources (DNR).
“I think it’s wrong and kind of deceptive for the governor to say that it doesn’t hold polluters accountable when he’s talking about polluters in a current legal definition that includes people that are victims of pollution, and SB 312 separates those people out,” Wimberger said. “By eliminating responsibility for innocent landowners, then those innocent landowners won’t be afraid to test. They won’t be afraid to get the result, and therefore will be open with it, and we can get a better handle on what’s going on with this PFAS situation because they’re not put in the unfortunate choice of their health and financial ruin.”
Meanwhile, Democrats on the finance committee want Republicans to approve the DNR’s revised request and release funds to the state agency.
“I think this is yet another real test of whether or not Republicans take PFAS contamination seriously. Democrats have said again and again, from the beginning, we want to mobilize to solve this problem for Wisconsinites. Nobody should turn on their tap and have poisonous water come out,” State Sen. Kelda Roys, D-Madison, explained. “I think the concern is that you have conservation groups and attorneys and others saying the way this is written, it is going to benefit polluters rather than victims, and if Republicans were not intending that, they would have amended the bill.”
Gov. Evers also argued Tuesday if he vetoed the bill, which doesn't guarantee the release of funds, it would not jeopardize the money already earmarked for PFAS contamination. While that would be the case, the decision would effectively end any legislative action as the Assembly has already adjourned for the remainder for floor session.
