Today, Governor Tony Evers signed into law 2025 Wisconsin Act 200 and Act 201, legislation that will significantly reshape Wisconsin’s approach to PFAS contamination. With the enactment of this legislation, the State has established targeted liability protections for certain passive actors, expanded the Wisconsin Department of Natural Resources’ (DNR) authority to investigate and remediate PFAS contamination, and released more than $125 million in funding for public and private response efforts.

For businesses, municipalities, utilities, and landowners, the new law carries immediate significance. Although entities with a direct connection to PFAS use or discharge will remain the primary focus of enforcement, others may qualify for PFAS-specific exemptions that reduce potential liability under Wisconsin’s remediation law (the “Spills Law”).

Key Takeaways

• Certain landowners, municipalities, and other passive actors may receive meaningful liability protections.
• Businesses that manufactured, used, or discharged PFAS remain the primary enforcement targets.
• The DNR now has broader authority to investigate and remediate PFAS contamination, including at sites where no responsible party has been identified.
• More than $125 million in funding is now available for sampling, treatment, and cleanup efforts across Wisconsin.

Changes to Liability Under Wisconsin’s Spills Law

Act 201 establishes a PFAS-specific liability framework that narrows the scope of parties responsible for investigation and remediation. Most notably, the legislation creates targeted exemptions for certain entities that did not cause PFAS contamination but otherwise may have faced potential liability under the Spills Law.

These protections apply to a range of parties commonly viewed as passive or “innocent” actors. They include certain agricultural, residential, and commercial landowners where PFAS contamination originated off-site, as well as entities involved in landspreading activities conducted in compliance with permits that did not address PFAS at the time. Public fire departments engaged in emergency response or training, certain waste management and transportation entities, and local governments that acquire contaminated property, including brownfield sites, also may qualify for relief.

The liability protections are not absolute. Even where an exemption applies, affected parties generally must provide access for investigation and cleanup and may still be subject to certain immediate or interim response obligations. At the same time, the legislation preserves liability for parties more directly connected to PFAS contamination. Businesses that manufactured, used, or intentionally discharged PFAS remain subject to existing enforcement authorities.

This framework reflects a policy decision to limit exposure for passive actors while preserving the State’s ability to pursue primary contributors or causers of discharges of hazardous substances. In practice, it may reduce uncertainty for landowners and municipalities while increasing the importance of identifying entities with a more direct connection to PFAS use or discharge.

Expanded DNR Authority and Regulatory Role

The legislation also expands the DNR’s role in addressing PFAS contamination, both through regulatory oversight and direct remediation authority. Under Act 201, the DNR is authorized to initiate investigation and cleanup activities at sites where no responsible party has been identified or where liability exemptions apply. That authority is especially significant given the widespread and diffuse nature of PFAS contamination across Wisconsin.

Act 201 also imposes new responsibilities on the DNR related to monitoring and permitting. For example, the DNR must establish requirements governing PFAS in the land application of biosolids, including monitoring obligations and permit conditions. The agency is also directed to work with the University of Wisconsin System to expand PFAS testing capacity, support laboratory certification, and advance research on PFAS treatment, disposal, and environmental migration. These efforts are expected to improve both testing availability and the overall understanding of PFAS contamination pathways.

To support these expanded responsibilities, the legislation provides additional staffing and administrative resources to the DNR. Collectively, these provisions signal a continued shift toward a more active state role in regulating and responding to PFAS contamination.

PFAS Standards Continue to Tighten

The new law arrives as PFAS regulation in Wisconsin continues to evolve. Earlier this month, the State finalized changes to its drinking water standards to align with federal limits, lowering the enforceable threshold for certain PFAS compounds from 70 parts per trillion to 4 parts per trillion.

This significant reduction underscores the increasing regulatory focus on PFAS and is likely to drive additional monitoring, compliance, and remediation efforts across regulated sectors. Businesses and public water systems should expect continued scrutiny as both liability standards and cleanup expectations develop.

Funding and Financial Assistance Programs

In addition to the substantive legal changes, Act 200 and Act 201 release and allocate more than $125 million from the PFAS Trust Fund, which had remained inaccessible for more than two years due to legislative disagreement. The funding is intended to support public and private efforts to investigate and remediate PFAS contamination statewide.

Approximately $80 million is directed to a DNR-administered community grant program for municipalities. Eligible activities include sampling private wells, installing treatment systems for public water supplies, developing alternative water sources or connections for affected residents, and investigating and remediating contaminated sites. To qualify, a municipality must enter into a financial assistance agreement with the DNR and, in many cases, provide certain matching funds.

The legislation also establishes a targeted grant program for public-use airports and certain industrial facilities to address PFAS discharges and related environmental impacts. In addition, $35 million is allocated to expand the State’s well compensation program by broadening eligibility to include non-community water systems, schools, and childcare facilities, while increasing available financial support in certain circumstances.

Practical Implications for Businesses and Municipalities

For businesses, especially those with a history of PFAS use in manufacturing or industrial processes, the legislation reinforces that such entities remain the primary focus of regulatory enforcement and potential liability. At the same time, the creation of liability protections for certain industrial possessors and other passive actors may reduce exposure for companies that did not directly contribute to contamination, but own or operate affected property. Businesses also should evaluate whether they may qualify for grant funding to support investigation or remediation work.

Municipalities and utilities are likely to be among the primary beneficiaries of the new funding programs, but participation will require planning and coordination with the DNR. Local governments should anticipate increased expectations related to sampling, reporting, and infrastructure improvements, along with the administrative requirements tied to grant funding.

Agricultural operators and other landowners may also benefit from the clarified liability framework, particularly where contamination originated from landspreading activities or off-site sources. Even so, those parties should be prepared to cooperate with DNR-led investigation and remediation efforts and comply with any applicable funding or regulatory conditions.

Together, Act 200 and Act 201 mark a significant shift in Wisconsin’s approach to PFAS contamination. By combining targeted liability protections, expanded DNR authority, and substantial public investment, the legislation seeks to advance remediation efforts while offering relief to certain parties that did not directly cause contamination.

How We Can Help

Businesses, municipalities, utilities, and landowners should evaluate whether this legislation changes their potential PFAS liability, compliance obligations, or eligibility for financial assistance. Early engagement with DNR programs and a proactive strategy will be important as Wisconsin begins implementing this new PFAS framework.

The Environmental team at Godfrey & Kahn regularly advises clients on PFAS compliance, liability, agency engagement, and funding strategy. If you have questions or would like assistance, we are here to help.