In April 2026, Governor Evers signed into law two significant bills addressing per- and polyfluoroalkyl substances (PFAS).
The Wisconsin Legislature, alongside the Wisconsin Department of Natural Resources (DNR), has worked on PFAS-legislation for the past decade, and on the newly enacted 2025 Wis. Act 200 and 2025 Wis. Act 201 since March 2025. Acts 200 and 201 create exemptions under the state Spills Law, establish new PFAS grant programs and funding allocations, and expand the DNR’s responsibilities related to PFAS.
What are PFAS?
PFAS are a large group of synthetic chemicals used in industrial processes and in the manufacturing of many consumer products.[1]
PFAS are difficult to remediate because their components break down slowly, and their widespread use has led to significant global contamination.[2] Humans are exposed to PFAS by using products containing PFAS and through PFAS-contaminated water, soil, air, and food.[3]
Olivia Messerges, U.W. 2027, is committed to a career in environmental law. She interned at the Wisconsin Department of Natural Resources and Wisconsin Legislative Council.
PFAS exposure is linked to adverse health impacts, such as increased risks of reproductive effects, developmental delays, some cancers, and immune system suppression.[4]
Overview of Acts 200 and 201
Act 201 establishes the policy framework for Wisconsin’s PFAS response, while Act 200 allocates funding. The funding provided under Act 200 was contingent on the passage of Act 201.
The most noteworthy provisions of Act 201 include Spills Law exemptions, PFAS grant programs, and expanded DNR responsibilities.
Spill Law Exemptions.
Wisconsin’s Spills Law generally requires any person who causes or controls a hazardous substance that is discharged to take practicable cleanup actions and reimburse the DNR for associated costs.[5]
Generally, Act 201 exempts the following groups from these obligations with respect to PFAS contamination:
- contractors, agricultural or residential entities, and commercial property owners, that spread PFAS in compliance with a license or permit that did not address PFAS at the time of spreading;
- a
WPDES permit holder who discharged PFAS in compliance with the permit conditions; - a fire department that conducted training or responded to an emergency in compliance with applicable regulations;
- a municipal landfill that disposed of PFAS-contaminated leachate at a treatment works, if the landfill operates a PFAS leachate pretreatment system by Dec. 31, 2032;
- a collection and transportation service or facility that moves municipal solid waste to a landfill;
- a person that owns, leases, manages, or contracts for property on which PFAS contamination did not originate; and
- a local government unit[6] that bought a PFAS-contaminated brownfield.
An “industrial possessor”[7] is exempt from remediating PFAS contamination but still must comply with immediate and interim actions.
All exempt entities must allow the DNR to access the exempt property for any activity conducted pursuant to the Spills Law.
Importantly, the exemptions do not apply to a business or entity that: (1) owns or operates an industrial, manufacturing, or commercial facility that has or is using PFAS in its operations; or (2) conducts or conducted permitted industrial waste land spreading.
Grant Programs and Funding Allocations
PFAS Community Grant Program. Act 201 creates a PFAS community grant program, administered by the DNR, for municipalities[8] undertaking PFAS-related activities.
The municipality and DNR must enter into a financial assistance agreement approved by municipal resolution or ordinance. The DNR must also require the municipality to provide matching funds between 20% and 40%, and may offer outreach, administrative, and technical assistance to recipients.
When issuing grants, the DNR must prioritize projects that address PFAS contamination in private wells. Act 200 appropriates $79,522,500 in fiscal year (FY) 2025-26 to the PFAS community grant program. Eligible activities include:
- conducting PFAS testing in various water supplies;
- installing treatment or constructing wells at a public water system;
- creating a new public water system or connecting private well owners to an existing public water system;
- installing treatment systems that remove PFAS from leachate at municipal landfills; and
- conducting site investigations, interim measures, or remedial actions to mitigate PFAS contamination.
Airport and Industrial Processor PFAS Grant Program. Under Act 201, the DNR may administer an airport and industrial processor PFAS grant program to provide financial assistance to public-use airports[9] and industrial processors to restore the environment and minimize the harmful effects of PFAS discharges.
The DNR may condition grant funding on progress through each phase of remediation, and entities may seek reimbursement for eligible costs after each phase. Act 200 appropriates $5.25 million in FY 2025-26.
Expanding the Well Compensation Grant Program. Act 201 expands eligibility under the well compensation program, which provides grants to certain low-income landowners for replacing, reconstructing, or treating contaminated wells.[10]
Upon receiving a water sample that exceeds a federal or state PFAS standard, the following entities can apply for financial assistance to remediate the PFAS-contaminated well: (1) owners or operators of a “noncommunity water supply;”[11] (2) public, private, or tribal elementary or secondary schools; and (3) child care centers, programs, or providers.
The DNR must provide 100% of project costs for a nonprofit noncommunity water supply and eligible schools and child care facilities, and 60% for other noncommunity water suppliers.
However, Act 201 specifies the amount of financial assistance that a landowner or lessee of a property on a contaminated or abandoned private water supply may receive. Act 200 appropriates $35 million in FY 2025-26 to the well contamination and abandonment fund.
Unlocking PFAS Funding. Furthermore, Act 200 appropriates $1,619,456 in FY 2025-26 for PFAS-related general operations in DNR’s fish, wildlife, and parks program. Act 200 also provides $10.413 million in FY 2025-26 and $478,000 in FY 2026-27 for required PFAS-related activities for which funding is not otherwise appropriated.[12]
DNR Responsibilities
Finally, Act 201 assigns additional responsibilities to the DNR to address PFAS contamination.
First, Act 201 requires the DNR to include limitations or conditions for PFAS in permits for land application (spreading) of sewage sludge. The DNR may also require groundwater monitoring as a permit condition. In addition, the DNR must issue a general permit for land applicators and contract haulers specifying PFAS monitoring requirements. The DNR must modify an individual permit for sewage sludge spreading to include PFAS limitations if sample results obtained under the general permit exceed 20 µg/kg.
Second, Act 201 permits the DNR to begin response and remedial actions at any PFAS-contaminated site where a responsible party has not been identified or where a party is exempt as described above.
Third, Act 201 requires the DNR and the University of Wisconsin System Board of Regents to enter two memoranda of understandings (MOUs). The MOUs provide that the DNR and the Board:
- assist laboratories with PFAS testing and certification to reduce costs and timing;
- may provide grants for up to 40% of PFAS testing equipment;
- research PFAS treatment, disposal methods, and migration; and
- publish PFAS testing data on an interactive map and report their findings.
Conclusion
Through Acts 200 and 201, the Legislature shifts a portion of the remediation burden away from certain industrial possessors, landowners, and agricultural operators, and toward state-administered cleanup and grant programs.
The new laws reflect a bipartisan effort to balance public health, environmental remediation, fiscal predictability, and fairness for entities that did not intentionally introduce PFAS into the environment.[13]
Endnotes
[1] Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS), Nat’l Inst. of Env’t Health Scis. (Mar. 6, 2026). ↩
[2] Id. ↩
[3] PFAS Explained, U.S. EPA (Sept. 30, 2025). ↩
[4] Our Current Understanding of the Human Health and Environmental Risks of PFAS, U.S. EPA (Apr. 21, 2026). ↩
[5] Wis. Stat. §§ 292.11(3), 292.11(7)(a-b).↩
[6] A “local governmental unit” is “a municipality, a redevelopment authority, a public body designated by a municipality, a community development authority, or a housing authority.” Wis. Stat. § 292.11(9)(e)1. ↩
[7] As defined by Act 201, an “industrial possessor,” is one who: (1) owns an industrial property, (2) is responsible under remediation law solely because the person possesses PFAS that is discharged on the industrial property, and (3) did not cause the discharge of PFAS (the PFAS discharge was caused by the land spreading of PFAS-contaminated wastewater or industrial waste).
↩
[8] For purposes of the PFAS community grant program, Act 201 defines a “municipality” as “a city, village, town, county, tribal governing body, utility district, lake protection district, sewerage district, or technical college district.” ↩
[9] A “public-use airport” means a (a) public airport; (b) privately owned reliever airport; or (c) privately owned airport used for public purposes and determined by the U.S. Department of Transportation to enplane annually 2,500 or more passengers and receive scheduled passenger service of aircraft. Wis. Stat. § 114.002(18m). ↩
[10] Wis. Stat. § 281.75. ↩
[11] Act 201 defines “noncommunity water supply” as “a public water system served by one or more wells that regularly serves water to at least 25 of the same people for over 6 months per year or serves a transient population of at least 25 people for 60 days of the year.” ↩
[12] See Wis. Stat. § 20.370(4)(mw), which creates a continuing appropriation for addressing and preventing PFAS contamination in Wisconsin. ↩
[13] For more information, review the Wisconsin Legislative Council’s, 2025 Wisconsin Assembly Bill 130, Amendment Memo and 2025 Wisconsin Assembly Bill 131, Amendment Memo. ↩