More than 30 months after Gov. Tony Evers signed the 2023-25 biennial budget into law, setting aside $125 million to help Wisconsin communities mitigate PFAS pollution in the state’s drinking water, the Wisconsin Assembly on Friday unanimously passed two bills to get the money out the door. 

This is the second time legislation to spend the money has reached this point after Evers vetoed a PFAS bill in 2024 over objections that the bill was too friendly to polluters. Since the money was set aside, the issue has been mired in partisan feuding. 

As the Assembly scrambled to finish its work by its self-imposed Friday deadline before lawmakers head home to campaign for reelection, negotiations over the specific language of the legislation pushed the vote, initially scheduled for Thursday, past 8:30 p.m. on Friday evening. 

The two bills were among the last pieces of legislation the Assembly voted on in normal session before adjourning. 

The bill establishes programs to spend the money through grants for private well owners and municipal drinking water systems, boosting the state’s testing capabilities and research into PFAS at Universities of Wisconsin institutions. 

Republicans, with the support of business groups, have been trying to craft legislation that protects “innocent landowners” from being held responsible for PFAS pollution while Democrats and environmental groups have argued the initial bill too widely defined “innocent,” letting polluters off the hook while weakening the state’s toxic spills law. 

The return of the bill this session was met with renewed optimism that a bipartisan agreement could be reached. However, after Republicans narrowed the definition of innocent landowners, business groups such as Wisconsin Manufacturers and Commerce and representatives of the state’s paper industry abandoned the effort, saying they couldn’t support the proposal anymore. 

Throughout the two and a half years of debate, residents of communities affected by PFAS pollution have continued to struggle, often calling for the Legislature to instead enact standards for the acceptable level of PFAS in the state’s groundwater — the source of drinking water for the hundreds of thousands of Wisconsinites with private wells. 

PFAS pollution has affected larger communities such as Madison and Wausau and small communities such as French Island near La Crosse and the town of Stella near Rhinelander. The class of man-made chemical compounds was widely used in certain kinds of firefighting foams and household goods such as nonstick pans and fast-food wrappers. PFAS have been connected to health problems such as developmental problems in children and certain types of cancer. 

On the floor of the Assembly Friday evening, with lawmakers desperate to hit the road, only three representatives spoke on the bill. 

Rep. Lori Palmeri (D-Oshkosh), a member of the environment committee that produced the bills, touted the measures as a “great compromise” despite late-night final revisions to the bill, while Rep. Jill Billings (D-La Crosse) recounted the “horrifying” struggles PFAS contamination has caused for her constituents on French Island. 

Rep. Jeff Mursau (R-Crivitz), one of the bill’s authors, said the bill is a “small step” toward fully solving the PFAS problem in the state but that the body was finally passing a bill that was the hardest to get across the finish line of his whole career in the Assembly. 

Sen. Eric Wimberger (R-Oconto), one of the co-authors and lead negotiators on the PFAS legislation, celebrated the compromise that came from long negotiations with Evers and the Department of Natural Resources. 

“Today’s vote in the Assembly will bring a massive, multiyear effort to address PFAS contamination in Wisconsin even closer to fruition,” he said in a release sent before 6 p.m. Thursday, more than a day before the Assembly actually voted. “Wisconsinites across the state have suffered for far too long from PFAS polluting their land and water. Bill passage will put innocent communities and landowners on the best path forward to remediate PFAS while ensuring they are not punished or forced into bankruptcy over pollution they did not cause.”

In a week in which the Assembly broke through on a handful of issues that have long been mired in the Legislature’s partisan muck, Wimberger said the bipartisan compromise was notable. 

“Even a broken squirrel can find a clock twice a day,” he said.

Wisconsin DNR Secretary Karen Hyun testifies to an Assembly committee about legislation to address PFAS contamination. (Henry Redman | Wisconsin Examiner)

A Wisconsin Assembly committee held a hearing Wednesday on a pair of bills to help mitigate and clean up water contamination caused by PFAS — a class of compounds also known as “forever chemicals” that has been tied to cancer and developmental diseases in children. 

For two and a half years, $125 million set aside in the state’s 2023-25 biennial budget to fund the cleanup of PFAS contamination has sat untouched as the Republican-controlled Legislature, Democratic Gov. Tony Evers and a collection of interest groups were unable to reach agreement on how to structure the program and who should be held responsible for the pollution. 

After initial optimism, the first legislative effort died after Democrats and environmental groups complained that the proposal let polluters off the hook. 

While the debate in Madison has dragged on, communities including French Island near La Crosse, the town of Stella near Rhinelander, Wausau and Marinette have continued to face the harms of PFAS-contaminated water. 

When the legislation was introduced again at the beginning of this legislative session, legislators again expressed hope that a compromise could be reached. Earlier this week, the bill’s authors, Sen. Eric Wimberger (R-Oconto) and Rep. Jeff Mursau (R-Crivitz), released a proposed amendment to the legislation. One of the bills directs how the money in the trust fund will be directed and the other creates the programs through which the money will flow.

At the hearing Wednesday, the duo emphasized how important it was for them to get the money out the door into affected communities and the need for compromise on the issue. 

“The 2023-2025 budget included $125 million to address PFAS contamination and support cleanup efforts across the state,” Mursau said. “Unfortunately, those funds are sitting idle because we have failed to pass the legislation necessary to put them to work. Progress will require compromise. There are stakeholders on both sides of the aisle who may not like these amendments, but that is the reality of divided government, and it is not an excuse for inaction.” 

The pair said the latest version of the legislation is the result of months of negotiations with the Department of Natural Resources and the Evers administration. 

While the legislation still includes the “innocent landowner” provisions that have been at the heart of the dispute, the amended version tightens the definition of who qualifies. Wimberger said the new definition would still allow the DNR to bring enforcement actions against industries including paper companies and airports, but that the current version represents a lot of movement from the DNR and Evers.

“There was quite a bit of coming off the ledge on the governor’s side regarding innocent landowners,” Wimberger said. 

Additionally, the bill creates a number of programs to test for PFAS and fund mitigation efforts by helping individual landowners dig new wells, helping communities upgrade water treatment systems and funding more comprehensive testing efforts. 

But the language of the proposed amendments shows how difficult it has been for legislators to adjust the dial on Wisconsin’s PFAS policy. The bills now have the support of Evers, the DNR and some of the state’s leading environmental organizations, but industry groups including the state’s largest business lobby, Wisconsin Manufacturers and Commerce, and the Wisconsin Paper Council argued at the hearing that the bill would single out certain types of industry for enforcement actions. 

“Substitute Amendment One takes a huge step backwards in terms of protecting truly innocent landowners and passive receivers,” Adam Jordahl, WMC’s director of environmental and energy policy, said, referring to a particular provision of the bill.

WMC in recent years brought and lost a lawsuit that would have prevented the state’s spills law from being applied to entities responsible for PFAS pollution. 

Several industry representatives also threatened that if the amended bills are signed into law, they could invite legal challenges because of “constitutional concerns.” Jordahl said that one of the bills treats municipal facilities such as landfills and water treatment plants differently than private businesses conducting similar activities, which could make the law vulnerable to a lawsuit. 

“This discrimination raises a significant constitutional concern under the concept of equal protection,” he said. “A successful lawsuit raising an equal protection claim could result in the invalidation of those unfairly applied exemptions. Second, as a policy matter, we feel this simply makes no sense. What is the policy justification for treating commercial and industrial or manufacturing facilities differently when they’re conducting the same activities and operating under the same laws and regulations?” 

Paper industry representatives said at the hearing it’s unfair for the bill to single them out because the industry will be subjected to increased scrutiny despite their claims that the business does not cause most PFAS pollution.

Last year, the DNR named a paper mill as the responsible party for the PFAS contamination in Stella, which has seen some of the highest concentrations of the chemicals in the state.

Despite the skepticism from the business community about the latest version of the legislation, lawmakers throughout the Capitol appeared confident that it could finally get across the finish line. 

“I met with Republican lawmakers and the DNR last week about critical PFAS bill changes that will be necessary to garner my support, and I’m really optimistic we’re finally going to be able to get something good done here after months of successful and productive negotiations,” Evers said in a statement. “I’m grateful Republican lawmakers have formally introduced an amendment that reflects the changes we’ve agreed to so far as a sign of good faith. We still have some important details to iron out to make sure DNR has the resources they need, but we’ve made a lot of progress. So, I’m really hopeful.”

Both Evers and Wimberger noted that the only remaining sticking point in the negotiations is how many staff members the DNR will be authorized to hire to support the responsibilities required under the bill. The current version of the amendment authorizes 10 positions while Evers is requesting 13. 

Republican leaders in the Legislature have also signaled that the bill is likely to move forward. 

“I think it’s a move in the right direction,” Senate Majority Leader Devin Lemahieu (R-Oostburg) said. “I think it’s a bill that hopefully our caucus can get behind and maybe finally get that money out the door.”

Many candies contain Red No. 40, Yellow No. 5 and Yellow No. 6. They are among the food dyes banned in West Virginia by a measure signed into law in March. Such bans are just one example of how the "Make America Healthy Again" movement has made inroads in state legislatures. (Photo by Carol Johnson/Stateline)

This article first appeared on KFF Health News.

When one of Adam Burkhammer’s foster children struggled with hyperactivity, the West Virginia legislator and his wife decided to alter their diet and remove any foods that contained synthetic dyes.

“We saw a turnaround in his behavior, and our other children,” said Burkhammer, who has adopted or fostered 10 kids with his wife. “There are real impacts on real kids.”

The Republican turned his experience into legislation, sponsoring a bill to ban seven dyes from food sold in the state. It became law in March, making West Virginia the first state to institute such a ban from all food products.

The bill was among a slew of state efforts to regulate synthetic dyes. In 2025, roughly 75 bills aimed at food dyes were introduced in 37 states, according to the National Conference of State Legislatures.

Chemical dyes and nutrition are just part of the broader “Make America Healthy Again” agenda. Promoted by Health and Human Services Secretary Robert F. Kennedy Jr., MAHA ideas have made their deepest inroads at the state level, with strong support from Republicans — and in some places, from Democrats. The $50 billion Rural Health Transformation Program — created last year as part of the GOP’s One Big Beautiful Bill Act to expand health care access in rural areas — offers incentives to states that implement MAHA policies.

Federal and state officials are seeking a broad swath of health policy changes, including rolling back routine vaccinations and expanding the use of drugs such as ivermectin for treatments beyond their approved use. State lawmakers have introduced dozens of bills targeting vaccines, fluoridated water and PFAS, a group of compounds known as “forever chemicals” that have been linked to cancer and other health problems.

In addition to West Virginia, six other states have targeted food dyes with new laws or executive orders, requiring warning labels on food with certain dyes or banning the sale of such products in schools. California has had a law regulating food dyes since 2023.

Most synthetic dyes used to color food have been around for decades. Some clinical studies have found a link between their use and hyperactivity in children. And in early 2025, in the last days of President Joe Biden’s term, the Food and Drug Administration outlawed the use of a dye known as Red No. 3.

Major food companies including Nestle, Hershey  and PepsiCo have gotten on board, pledging to eliminate at least some color additives from food products over the next year or two.

“We anticipate that the momentum we saw in 2025 will continue into 2026, with a particular focus on ingredient safety and transparency,” said John Hewitt, the senior vice president of state affairs for the Consumer Brands Association, a trade group for food manufacturers.

This past summer, the group called on its members to voluntarily eliminate federally certified artificial dyes from their products by the end of 2027.

“The state laws are really what’s motivating companies to get rid of dyes,” said Jensen Jose, regulatory counsel for the Center for Science in the Public Interest, a nonprofit health advocacy group.

Andy Baker-White, the senior director of state health policy for the Association of State and Territorial Health Officials, said the bipartisan support for bills targeting food dyes and ultraprocessed food struck him as unusual. Several red states have proposed legislation modeled on California’s 2023 law, which bans four food additives.

“It’s not very often you see states like California and West Virginia at the forefront of an issue together,” Baker-White said.

Although Democrats have joined Republicans in some of these efforts, Kennedy continues to drive the agenda. He appeared with Texas officials when the state enacted a package of food-related laws, including one that bars individuals who participate in the Supplemental Nutrition Assistance Program — SNAP or food stamps — from using their benefits to buy candy or sugary drinks. In December, the U.S. Department of Agriculture approved similar waivers sought by six states. Eighteen states will block SNAP purchases of those items in 2026.

There are bound to be more. The Rural Health Transformation Program also offers incentives to states that implemented restrictions on SNAP.

“There are real and concrete effects where the rural health money gives points for changes in SNAP eligibility or the SNAP definitions,” Baker-White said.

In October, California Gov. Gavin Newsom signed a bill that sets a legal definition for ultraprocessed foods and will phase them out of schools. It’s a move that may be copied in other states in 2026, while also providing fodder for legal battles. In December, San Francisco City Attorney David Chiu sued major food companies, accusing them of selling “harmful and addictive” products. The lawsuit names specific brands — including cereals, pizzas, sodas and potato chips — linking them to serious health problems.

Kennedy has also blamed ultraprocessed foods for chronic diseases. But even proponents of the efforts to tackle nutrition concerns don’t agree on which foods to target. MAHA adherents on the right haven’t focused on sugar and sodium as much as policymakers on the left. The parties have also butted heads over some Republicans’ championing of raw milk, which can spread harmful germs, and the consumption of saturated fat, which contributes to heart disease.

Policymakers expect other flash points. Moves by the FDA and the Centers for Disease Control and Prevention that are making vaccine access more difficult have led blue states to find ways to set their own standards apart from federal recommendations, with 15 Democratic governors announcing a new public health alliance in October. Meanwhile, more red states may eliminate vaccine mandates for employees; Idaho made them illegal. And Florida Gov. Ron DeSantis is pushing to eliminate school vaccine mandates.

Even as Kennedy advocates eliminating artificial dyes, the Environmental Protection Agency has loosened restrictions on chemicals and pesticides, leading MAHA activists to circulate an online petition calling on President Donald Trump to fire EPA Administrator Lee Zeldin.

Congress has yet to act on most MAHA proposals. But state lawmakers are poised to tackle many of them.

“If we’re honest, the American people have lost faith in some of our federal institutions, whether FDA or CDC,” said Burkhammer, the West Virginia lawmaker. “We’re going to step up as states and do the right thing.”

KFF Health News is a national newsroom that produces in-depth journalism about health issues and is one of the core operating programs at KFF — an independent source of health policy research, polling and journalism. Learn more about KFF.

A PFAS advisory sign along Starkweather Creek. (Henry Redman | Wisconsin Examiner)

A Wisconsin Senate committee held a public hearing Thursday on a bipartisan bill that would require the state Department of Natural Resources to notify county and tribal governments when local groundwater contamination is found to exceed state standards. 

Throughout the hearing, the bill’s authors and residents of communities with water quality problems complained of incidents in which significant amounts of time passed before people learned their water was contaminated with harmful chemicals such as nitrates or PFAS. 

“Time really counts, hours, days, weeks, and in our case, even years,” said Lee Donahue, a resident of the town of Campbell on French Island near La Crosse, which has been dealing with PFAS contamination for years. “It’s been heart wrenching to know that my family and my friends and my neighbors have all been impacted by these toxic chemicals. I don’t wish anyone to have contamination in their water. And the sad part is we had no clue that PFAS was pouring from our faucets and that we were drinking that water for years and years and years before any notification was made.”

Initially authored by Rep. Jill Billings (D-La Crosse) and Sen. Jesse James (R-Thorp), more than 60 legislators of both parties have signed onto the bill as co-sponsors, signaling the legislation has enough support to be signed into law during a legislative session in which efforts to find compromise on environmental issues — including efforts to extend the Knowles-Nelson stewardship grant program and to create a method to spend $125 million that has been set aside for more than two years to remediate PFAS contamination — have been stuck in the partisan muck. 

Under the bill, if the DNR finds an exceedance of the state’s groundwater standards the department will have seven days to notify the local county or tribal health department as well as the county land and conservation department. 

For several years, Wisconsin policymakers have been unable to establish a state standard for the acceptable amount of PFAS in the state’s groundwater, hitting roadblocks at the state Natural Resources Board and in the Republican-controlled Legislature. The state does have established standards for the amount of PFAS in the state’s surface water and the drinking water provided by municipal water utilities. 

As the Legislature has tried and failed to pass a bill that would spend the $125 million in the PFAS trust fund, residents of communities affected by PFAS contamination have frequently said the policy change they’d most like to see is the establishment of a groundwater standard. 

The contaminant notification bill does not establish a groundwater standard for PFAS, however it requires the DNR to notify the county government if the groundwater is found to have PFAS levels higher than the existing state standards for PFAS in surface or drinking water. 

About one-third of Wisconsin residents get their water from private drinking wells. While the bill does not establish a groundwater standard and does not provide any assistance if the groundwater they use to shower, brush their teeth, make coffee or mix baby formula is contaminated, proponents said it does make sure residents have the information they need to make decisions about the source of their water. 

“If people have a right to clean water, then they have a right to know when their water is not clean,” said Michael Tiboris, the agriculture and water policy director at the River Alliance of Wisconsin. “And this bill is exactly the kind of action that we appreciate having legislators take a strong position on, giving families knowledge of the threats to their drinking water makes it possible for them to protect themselves.” 

None of the people or groups that testified at the hearing Thursday were in opposition to the bill, but a few industry groups expressed a handful of complaints and said they’d like to see amendments to the bill’s final version. 

The concerns of business groups centered around making sure that any notifications were made after test results have been verified and making sure that the notifications don’t instigate regulatory action from the government that it doesn’t have the authority to undertake. 

“It’s just not appropriate for the government to take any kind of action,” said Adam Jordahl, director of environmental and energy policy at Wisconsin Manufacturers and Commerce. “I know it’s not a direct regulatory action where we’re expecting an individual or business to do something or comply with something, but nevertheless, the issue of sort of holding people accountable to a regulatory PFAS standard that has not yet actually been promulgated into the administrative code. We find that to be very problematic and kind of a slippery slope going down in terms of holding people accountable or responsible to something that hasn’t gone through the full rulemaking process.”

Scott Suder, the president of the Wisconsin Paper Council, said he’s concerned that prematurely telling people their water is contaminated could create “reputational risks” for nearby businesses. 

“It creates unnecessary legal and reputational risk for industry, potentially because the notice is subject to public inspection and copying under [Wisconsin open records law],” Suder said. “All exceedance notifications would become public records, creating significant disclosure and some reputational risks, so even minor errors or omissions could trigger liabilities, and the visibility of exceedances may lead to public misunderstanding about actual risks. So it is a bit concerning for industry as well.”

PFAS, sometimes known as forever chemicals, are a family of over ten thousand compounds with remarkable performance in applications like waterproofing, fertilizer, pesticides,...

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