LRBs0201/2
KRP/MCP/KP:amn&wlj
2019 - 2020 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 2,
TO SENATE BILL 423
January 17, 2020 - Offered by Senators Cowles and Marklein.
SB423-SSA2,1,6
1An Act to renumber 48.737;
to amend 24.61 (3) (a) 2. and 24.61 (3) (a) 3.; and
2to create 24.61 (3) (a) 1. dm., 24.61 (3) (a) 3m., 48.737 (2), 97.67 (8), 115.28 (66)
3to (68), 118.07 (6), 121.91 (3) (a) 3. and 254.15 (7) of the statutes;
relating to:
4lead testing of drinking water sources in certain schools; providing loans for
5lead remediation in certain schools; and providing an exception to referendum
6restrictions for lead remediation.
Analysis by the Legislative Reference Bureau
This substitute amendment differs from 2019 Senate Bill 423 in the following
respects:
1. Under the bill, a school board, operator of an independent charter school, or
governing body of a private school participating in a parental choice program or in
the Special Needs Scholarship Program (governing body) must conduct certain tests
of water sources in schools. The substitute amendment adds child care programs
established by school boards to the list of “schools” in which testing must occur.
2. Under the bill, the governing body of a school must test all potable water
sources at the school. The substitute amendment requires the governing body to test
all “drinking water sources” at the school. Under the substitute amendment,
“drinking water source” means a water faucet, drinking fountain, ice maker, or other
water outlet that dispenses potable water that is used for drinking or food
preparation.
3. The substitute amendment requires the governing body of a school to
identify all water sources at the school, determine whether the water source must
be tested under the bill, and label all potable water sources that are not tested and
that are accessible to pupils as “not for drinking.”
4. Under the bill, the governing body of a school must test drinking water
sources for lead concentration, and, if test results show a concentration of lead
“greater than the concentration considered safe for drinking under the federal Safe
Drinking Water Act,” the governing body must take certain actions, including
disconnecting the affected water source. Under the substitute amendment, the
concentration of lead that triggers the required actions is a concentration of lead
“greater than the federal action level for lead established pursuant to the federal
Safe Drinking Water Act” (lead contamination), which is currently set at 15 parts per
billion (ppb).
5. Under the bill, the required actions described under item 4 include, among
other things, disconnecting the affected water source until a subsequent test shows
a lead concentration below the trigger level. Under the substitute amendment, all
access to water from the affected water source must be either disconnected, shut off,
or otherwise eliminated.
6. The substitute amendment requires the Department of Public Instruction,
the Department of Children and Families, and the Department of Agriculture, Trade
and Consumer Protection to post on each of their Internet sites a copy of the guidance
document and testing protocol published by the federal Environmental Protection
Agency under the federal Safe Drinking Water Act, commonly called the “3Ts,” an
abbreviation for “Training, Testing, and Taking Action.” Under the substitute
amendment, when the Department of Health Services creates the technical guidance
document described below, DPI, DCF, and DATCP must post DHS's guidance
document on each of their Internet sites instead of the 3Ts.
7. The substitute amendment requires DHS to create a document by July 1,
2023, providing technical guidance on and a model plan for schools, child care
providers, child care centers, group homes, and recreational and educational camps
for testing potable sources of water for lead contamination, remediating lead
contamination in potable water sources, and disseminating information on results
of tests of potable water sources. Under the substitute amendment, in creating the
guidance document, DHS must consult with stakeholders and interested parties,
conduct a public hearing, and accept written comments.
8. Under the bill, a governing body must conduct required tests in accordance
with the 3Ts. The substitute amendment requires a governing body to conduct
required tests in accordance with the guidance posted on DPI's Internet site at the
time a test is conducted. In other words, after DHS completes its guidance document
and DPI posts that guidance on DPI's Internet site, testing must be conducted in
compliance with DHS's guidance, rather than the 3Ts.
9. The substitute amendment requires DPI, in consultation with DHS and the
Department of Natural Resources, to seek federal funding to assist governing bodies
to pay for the costs of complying with the testing and remediation requirements
created in the bill.
10. The substitute amendment changes the frequency of required testing from
three years to five years.
11. Under the bill, if the governing body of a school conducts two consecutive
tests in a school at least three years apart that show lead levels not higher than one
ppb in water sources in the school, the governing body is not required to conduct any
additional tests at the school. Under the substitute amendment, if the governing
body of a school conducts two consecutive tests of a particular water source at a school
that show lead levels not higher than five ppb, the governing body is not required to
conduct any additional tests of that water source. The substitute amendment also
specifies that the consecutive tests must be conducted at the regular testing interval
required under the substitute amendment.
12. The substitute amendment provides that the testing requirements do not
apply to a school building in which pupils are not regularly present and that is not
used to prepare food or provide water for pupil consumption.
13. The substitute amendment modifies the referendum restriction exception
created in the bill. Under the substitute amendment, if a school board conducts a
required test that shows the presence of lead in drinking water at a school in the
school district, the school board may call a special referendum, and the limit on the
number of referendums that may be called in any calendar year is increased by one.
The substitute amendment provides that the special referendum must include only
costs associated with lead remediation conducted to reduce or eliminate the presence
of lead in drinking water at schools in the school district. The substitute amendment
does not create an exception for the restriction regarding at what time during a
calendar year the special referendum may be scheduled.
14. The bill allows the Board of Commissioners of Public Lands to use school
trust funds to issue loans to school districts, municipalities, technical college
districts, and cooperative educational service agencies for the purpose of
remediating lead contamination in schools. The bill also allows funds from the Safe
Drinking Water Loan Program to be used to reduce the principal and interest rates
on BCPL loans made for this purpose. The substitute amendment eliminates the
provision in the bill that allows SDWLP funds to be used to reduce the principal and
interest rates on these BCPL loans.
For further information, see the analysis for the bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB423-SSA2,1
1Section
1. 24.61 (3) (a) 1. dm. of the statutes is created to read:
SB423-SSA2,3,22
24.61
(3) (a) 1. dm. Remediating lead contamination in a school building.
SB423-SSA2,2
1Section
2. 24.61 (3) (a) 2. of the statutes is amended to read:
SB423-SSA2,4,42
24.61
(3) (a) 2. A town, village, city
, or county as provided under s. 67.04 or
3otherwise authorized by law
, or to remediate lead contamination in a school with
4which the town, village, city, or county has contracted.
SB423-SSA2,3
5Section
3. 24.61 (3) (a) 3. of the statutes is amended to read:
SB423-SSA2,4,86
24.61
(3) (a) 3. A technical college district as provided under s. 67.04 or
7otherwise authorized by law
, or to remediate lead contamination in a school with
8which the district has contracted.
SB423-SSA2,4
9Section
4. 24.61 (3) (a) 3m. of the statutes is created to read:
SB423-SSA2,4,1110
24.61
(3) (a) 3m. A cooperative educational service agency for the purpose of
11remediating lead contamination in a school with which the agency has contracted.
SB423-SSA2,5
12Section 5
. 48.737 of the statutes is renumbered 48.737 (1).
SB423-SSA2,6
13Section 6
. 48.737 (2) of the statutes is created to read:
SB423-SSA2,4,1814
48.737
(2) (a) No later than 7 days after the effective date of this paragraph ....
15[LRB inserts date], the department shall post on its Internet site a copy of the
16guidance document and testing protocol published by the federal environmental
17protection agency under
42 USC 300j-24 (b). This paragraph does not apply after
18the department posts the information required under par. (b).
SB423-SSA2,4,2219
(b) No later than 7 days after the department receives the notice under 2019
20Wisconsin Act .... (this act), section 12 (2), the department shall post on its Internet
21site a copy of the document created under s. 254.15 (7) providing technical guidance
22and a model plan for testing potable sources of water for lead contamination.
SB423-SSA2,7
23Section 7
. 97.67 (8) of the statutes is created to read:
SB423-SSA2,5,324
97.67
(8) (a) No later than 7 days after the effective date of this paragraph ....
25[LRB inserts date], the department shall post on its Internet site a copy of the
1guidance document and testing protocol published by the federal environmental
2protection agency under
42 USC 300j-24 (b). This paragraph does not apply after
3the department posts the information required under par. (b).
SB423-SSA2,5,74
(b) No later than 7 days after the department receives the notice under 2019
5Wisconsin Act .... (this act), section 12 (2), the department shall post on its Internet
6site a copy of the document created under s. 254.15 (7) providing technical guidance
7and a model plan for testing potable sources of water for lead contamination.
SB423-SSA2,8
8Section
8. 115.28 (66) to (68) of the statutes are created to read:
SB423-SSA2,5,149
115.28
(66) Lead contamination guidance document and testing protocol. No
10later than 7 days after the effective date of this subsection .... [LRB inserts date], post
11on the department's Internet site a copy of the guidance document and testing
12protocol published by the federal environmental protection agency under
42 USC
13300j-24 (b). This subsection does not apply after the state superintendent posts the
14information required under sub. (67).
SB423-SSA2,5,19
15(67) Technical guidance and model plan for testing potable water. No later
16than 7 days after the department receives the notice under 2019 Wisconsin Act ....
17(this act), section 12 (2), post on the department's Internet site a copy of the document
18created under s. 254.15 (7) providing technical guidance and a model plan for testing
19potable sources of water for lead contamination.
SB423-SSA2,6,3
20(68) Federal funding for lead testing and remediation. In consultation with
21the department of health services and the department of natural resources, seek
22federal funding to assist school boards, operators of charter schools under s. 118.40
23(2r) and (2x), and governing bodies of private schools participating in programs
24under ss. 115.7915, 118.60, and 119.23 to pay for the costs of complying with the
25testing and remediation requirements under s. 118.07 (6). The state superintendent
1shall ensure that any funding obtained for this purpose is distributed equitably
2among those school boards, operators, and governing bodies that are eligible for that
3funding.
SB423-SSA2,9
4Section
9. 118.07 (6) of the statutes is created to read:
SB423-SSA2,6,55
118.07
(6) (a) In this subsection:
SB423-SSA2,6,86
1. “Drinking water source” means a water faucet, drinking fountain, ice maker,
7or other water outlet that dispenses potable water that is used for drinking or food
8preparation.
SB423-SSA2,6,99
2. “Governing body” means any of the following:
SB423-SSA2,6,1110
a. For a public school other than a charter school under s. 118.40 (2r) or (2x),
11the school board of the school district in which the school is located.
SB423-SSA2,6,1312
b. For a child care program established under s. 120.13 (14), the school board
13that established the child care program.
SB423-SSA2,6,1514
c. For a charter school under s. 118.40 (2r) or (2x), the operator of the charter
15school.
SB423-SSA2,6,1716
d. For a private school participating in a program under s. 115.7915, 118.60,
17or 119.23, the governing body of the private school.
SB423-SSA2,6,2018
3. “Lead contamination” means a concentration of lead that is greater than the
19federal action level for lead established pursuant to the Safe Drinking Water Act,
42
20USC 300f et seq.
SB423-SSA2,6,2321
4. “School” means a public school, including a charter school; a child care
22program established under s. 120.13 (14); or a private school participating in a
23program under s. 115.7915, 118.60, or 119.23.
SB423-SSA2,7,524
(b) Except as provided under pars. (g) and (h), the governing body of a school
25shall, at least once every 5 years, test all drinking water sources at the school for lead
1contamination. The governing body shall conduct a test under this paragraph in
2accordance with the guidance posted on the department's Internet site under s.
3115.28 (66) or (67) at the time the test is conducted. The governing body shall submit
4the test sample for processing to the laboratory of hygiene or a certified laboratory,
5as defined in s. 299.11 (1) (b).
SB423-SSA2,7,136
(c) The governing body of a school shall identify all water sources at the school
7and, for each water source, determine whether it dispenses potable or nonpotable
8water. For each water source that dispenses potable water, the governing body shall
9determine whether the water source is a drinking water source under this
10subsection. For a potable water source the governing body determines is not a
11drinking water source under this subsection, the governing body shall, if the water
12source is accessible to pupils, clearly identify the water source with an appropriate
13sign identifying the water as not for drinking.
SB423-SSA2,7,1514
(d) The governing body of a school shall, no later than 30 days after receiving
15the results of a test conducted under par. (b), do all of the following:
SB423-SSA2,7,1816
1. Post the results on the governing body's Internet site or, if the governing body
17does not have an Internet site, make the results available to the public for
18examination on request.
SB423-SSA2,7,1919
2. Provide the results to the department.
SB423-SSA2,7,2220
(e) If the results of a test of a drinking water source at a school conducted under
21par. (b) show lead contamination, the governing body of the school shall do all of the
22following:
SB423-SSA2,7,2523
1. Immediately disconnect, shut off, or otherwise eliminate all access to water
24from the drinking water source and, if necessary, provide an alternative drinking
25water supply.
SB423-SSA2,8,3
12. No later than 6 months after receiving the results that show lead
2contamination, develop and submit a plan to the department for remediating the
3lead contamination.