The Green Bay Innovation Group (GBIG) and the Wisconsin Paper Council (WPC) are currently working with a coalition of manufacturing organizations who are opposing PFAS enforcement legislation which is rapidly making its way through the Legislature. Our coalition is UNITED against the current substitute language in the bills (Assembly Bill 131 and Senate Bill 128) which exempts government entities and targets Wisconsin’s manufacturing industries.
In its current form, this legislation being offered by Senator Eric Wimberger (R-Green Bay) and Representative Jeff Mursau (R-Crivitz) unfairly targets manufacturers throughout our state even if those companies did not cause, control or intentionally use PFAS compounds. And, as you may know, there are over 10,000 PFAS compounds and this bill does not distinguish between those deemed harmful and those which do not pose a proven risk to human health.
How does this legislation target Wisconsin’s manufacturing industry?
- Manufacturers could be held responsible for PFAS pollution they did not cause, control, or intentionally use. This includes PFAS that may come from recycled materials, wastewater, or everyday consumer products.
- Manufacturers could also be blamed for PFAS used ANYTIME in the past, even at a time when the health risks of PFAS were not yet known.
- The bill could hold manufacturers responsible simply because they have used PFAS – any form of PFAS – at some point, even if they were unaware of potential PFAS risks. This means manufacturers could be made liable and subject to DNR enforcement for past or incidental exposure.
- Most of the responsibility for any PFAS contamination (even unintentional) is placed on manufacturers, while many others, such as cities, landowners, airports, fire departments, and landfills, are exempted from liability. This means manufacturers are treated differently even when doing the very same activities.
- The bill protects municipalities that hire contractors to spread materials on land but does not protect manufacturers who do the same thing. This creates unfair and inconsistent rules, thus picking winners and losers in terms of liability protection.
- The bill treats all PFAS chemicals the same, even though many PFAS compounds have not been shown to be harmful and do not have regulatory limits. This could require cleanup for chemicals that do not pose a proven risk.
- The bill creates an unfair “liability funnel”. It narrows the universe of parties who can be considered “responsible” for PFAS contamination and leaves manufacturers as the only category NOT eligible for exemption. That means that companies could be held legally responsible for PFAS contamination they did not create, did not discharge and did not control simply because other contributors have been provided liability exemption in the bill. Assigning liability at the last stop in the chain does not reduce PFAS, it simply creates a liability funnel which is squarely aimed at industry.
- Even more disturbing is response from environmental groups such as Greenfire which, when asked if it is fair to single out manufacturers who do not control, cause or contribute PFAS in their operations, the response to Legislators was “Well, someone has to pay for it.”
When legacy or passive exposure becomes the basis for open-ended liability, without regard to intent, control, or current practices, it creates significant uncertainty. Manufacturers that are operating responsibly today may face liability for conditions created long ago, or for PFAS they never introduced. That uncertainty discourages reinvestment, redevelopment, and innovation, and can make companies reluctant to acquire or modernize sites with any historical connection to PFAS.
Wisconsin’s manufacturers want to be part of the solution. Industry brings technical expertise, operational knowledge, and innovation capacity that can help address PFAS challenges effectively. Rather than relying primarily on expanded liability frameworks, we believe Wisconsin would benefit from approaches that encourage collaboration, including industry-academic partnerships, research hubs, and open dialogue among regulators, universities, and manufacturers.
To move forward sustainably, policy must be sensitive to legacy conditions, current compliance realities, and the interconnected nature of modern manufacturing. A balanced approach that supports remediation, protects communities, and keeps Wisconsin competitive will best serve the long-term interests of the state.
Exposing interconnected 5P industries to expanded liability, despite lawful operations and, in many cases, no intentional PFAS use, risks creating uncertainty that could hinder investment, innovation, and economic stability statewide.
Time after time, our coalition has developed and proposed common sense reforms to this legislation which would both provide the necessary resources to those areas suffering from PFAS contamination and, at the same time, treat industry fairly rather than making manufacturers a liability target.
To be perfectly clear, our coalition does not oppose the PFAS funding, well testing, community assistance, or airport support provisions. We agree that these programs will help Wisconsin communities, and we support efforts to address PFAS in a responsible way.
Unfortunately, our coalition has now reached an impasse with Senator Wimberger and Representative Mursau. The authors are working hand in hand with the Department of Natural Resources and are currently unwilling to amend their bill to provide adequate protections for the manufacturing industry.
That’s why we need YOUR help!
What can you do?
Call or email your local Legislators! Legislators pay attention to constituent calls. If you are willing to stand up for manufacturers, please consider reaching out to your local Legislators TODAY.
We can assist you in identifying your representatives and their contact numbers. In addition, we will be happy to provide you with talking points or any other information that you might require in order to get your point across to elected officials.
Please don’t hesitate to contact either of us should you need any assistance in making these contacts.
THANK YOU for joining us in this fight to ensure that industry is treated fairly and equitably in this legislation!
Sincerely,
Marty Ochs, Founder, Executive Director GBIG
Scott Suder, President WPC
