Gov. Evers’ veto of PFAS bill stands

MADISON, Wis. — Gov. Tony Evers’ veto of Senate Bill 312 concerning PFAS will stand after the Assembly took no action last week following the Senate’s vote to override the veto.

While the Senate passed the veto override with a 22-9 vote last Tuesday, with senators voting on party lines, the Assembly didn’t take any action on the bill, causing the effort to fail.

The veto override needed a two-thirds vote from each chamber to be successful. While Republicans hold a two-thirds majority in the Senate, they do not have it in the Assembly.

In addition, the governor sued the state legislature last Monday for obstruction related to critical funding for K-12 programming. He said the Joint Finance Committee is blocking the release of that money and the $125 million in PFAS funding, among other things.

The governor’s counterclaim was filed in response to litigation brought by Republicans in the legislature regarding Evers’ line-item vetoes to 2023 Wisconsin Act 100.

“The people of this state should not have to wait one day longer than they already have — these are taxpayer dollars, the Legislature and I already approved these investments months and months ago, and Republican legislators should not be able to single-handedly prevent us from doing the people’s work. Period,” Evers said. “I again urge Republican legislators to release all of these funds immediately and without any further delay.”

Evers has said in previous EagleHerald reporting that the standalone bill wouldn’t have released the money from the budget and was “something the DNR has repeatedly argued is unnecessary given the agency’s existing programs.”

State Sen. Eric Wimberger (R-Green Bay) said in a statement that Senate Bill 312 is supported by local governmental groups representing PFAS-impacted towns, counties and cities. The Town of Peshtigo Board of Supervisors passed a February resolution supporting the bill.

“Peshtigo, Marinette, Wausau and Stella have been waiting needlessly because of the governor’s veto, and apparently it is up to the legislature alone to get these communities the help they need,” Wimberger said.

Advocate groups like Clean Wisconsin, Midwest Environmental Advocates and the River Alliance of Wisconsin oppose the bill.

State Sen. Mary Felzkowski (R-Tomahawk) said the legislature doesn’t have the authority to do what the governor proposed when he vetoed the bill.

“Because of his reckless veto of SB 312, the Legislature has limited options on releasing this funding,” Felzkowski said.

In a previous EagleHerald article, Evers said in a press release that he sent a letter to Sens. Robert Cowles (R-Green Bay) and Wimberger, the authors of Senate Bill 312, stressing that they would need to allow the Department of Natural Resources to continue formulating groundwater standards for PFAS contamination for him to support the bill.

He said he also directed the DNR to submit two requests to release the funding that were ultimately not acted upon by the JFC.

Wimberger said the governor’s requests did not match what the bill was intended to do, which was why the JFC did not act upon them.

Wimberger said the bill includes protections for landowners that he calls “innocent landowners” in the bill.

Evers said that his veto of the bill doesn’t change the fact that $125 million, approved in the budget, could be released, he said.

“Republican members of the JFC may release the $125 million secured through the biennial budget to fight PFAS statewide at any time,” Evers said.

Affected communities are waiting for action from Madison to begin cleanup efforts.

“Our response to challenges facing Wisconsin like water contamination, improving our kids’ reading outcomes, and responding to hospital closures in rural communities is being held up by Republican lawmakers who continue to obstruct the basic functions of government in this state,” Evers said. “The fact that Wisconsinites and communities across our state have waited months to receive funding to respond to pressing issues because Republican lawmakers refuse to release investments they already approved is unconscionable. Some of this funding has been sitting in Madison for over 300 days waiting for Republicans to take action — that’s ridiculous, there’s no excuse for it.”