Amendment SSA1-SB424

SB424-SSA1,5,18 (a) Remediation. 1. Immediately after obtaining the test results, disconnect, shut off, or otherwise eliminate all access to water from the drinking water source.

SB424-SSA1,5,22 2. Provide the building with an adequate supply of potable water or, for an applicant for an initial license under s. 48.625 or 48.65 or an initial certification under s. 48.651, prepare a plan to provide the building with an adequate supply of potable water if licensed or certified.

SB424-SSA1,5,25 3. Submit along with its application the most recent test results under sub. (2) and other proof, such as photographs, receipts, or other applicable documentation, that it is compliant with subds. 1. and 2.

SB424-SSA1,6,3 4. Within 6 months after submitting the application, establish, submit to the licensing or certifying authority, and begin to carry out a plan for remediating the lead contamination.

SB424-SSA1,6,13 5. Between the date the license or certification is granted, continued, or renewed and the date on which the applicant submits an application for the subsequent license or certification period, the applicant may demonstrate to the appropriate licensing or certifying authority continued compliance with subds. 1. to 4. and submit more recent test results than the last results submitted under sub. (2). Except as provided under sub. (6), if a test result is submitted under this subdivision that shows no lead contamination in a drinking water source, this subsection no longer applies with respect to that drinking water source, but sub. (2) applies with respect to that drinking water source for an application submitted for the subsequent license or certification period.

SB424-SSA1,6,16 (b) Substitution of water source. 1. Immediately after obtaining the test results, disconnect, shut off, or otherwise eliminate all access to water from the drinking water source.

SB424-SSA1,6,21 2. Establish and carry out a plan for providing, on a permanent basis, an adequate supply of potable water from external sources, such as bottled water, and for ensuring that children served in the building do not consume water from contaminated drinking water sources. The plan shall include the estimated quantity of water needed to supply the building with all potable water needs.

SB424-SSA1,7,2 3. No later than 3 months after the first application is submitted after the test showing lead contamination, submit the plan established under subd. 2. and proof, such as photographs, receipts, or other applicable documentation, that the applicant is compliant with subds. 1. and 2. and will be during the license or certification period.

SB424-SSA1,7,11 4. Submit, along with any subsequent application submitted for a license or certification period after the one for which an application under subd. 3. is submitted, proof, such as photographs, receipts, or other applicable documentation, that the applicant has been compliant with the plan under subd. 2. and an updated plan under subd. 2. for the period for which the application is submitted. The updated plan shall indicate any changes made since the application was submitted for the preceding license or certification period. An applicant in compliance with this subdivision is not required to do further lead testing or to submit further lead test results after the test results are submitted under subd. 3.

SB424-SSA1,7,13 5. If the applicant has previously complied with subds. 1. to 4., the applicant may do one of the following:

SB424-SSA1,7,16 a. Indicate in a subsequent license or certification application an intent to instead comply with par. (a), in which case the applicant shall comply with par. (a) with respect to that application.

SB424-SSA1,7,19 b. Submit along with a subsequent application a new test result under sub. (2) for each drinking water source showing no lead contamination, in which case the applicant is exempt from further compliance with this section.

SB424-SSA1,7,21 (4) Methods of remediation. Remediation under sub. (3) (a) 4. may, among other methods, include any of the following:

SB424-SSA1,7,23 (a) Affixing a point-of-source or point-of-entry filter onto the drinking water source.

SB424-SSA1,8,5 (b) Permanently disconnecting, shutting off, or otherwise eliminating access to water from a drinking water source if another drinking water source in the building is not contaminated or will be remediated. If a drinking water source is remediated under this paragraph, the applicant is exempt from further testing requirements under sub. (2) with respect to that drinking water source after proof of compliance with this paragraph, such as photographs, receipts, or other applicable documentation, is submitted to the licensing or certifying authority.

SB424-SSA1,8,11 (5) Plumbing assessment for child care providers. As an alternative to lead testing under sub. (2), a person applying for an initial or renewed certification under s. 48.651 who has not already submitted testing under sub. (2) may instead have a plumbing assessment completed on the plumbing connected to all drinking water sources in the building. All of the following apply to a plumbing assessment under this subsection:

SB424-SSA1,8,17 (a) A plumbing assessment is an assessment completed by a licensed plumber, environmental consultant, certified lead risk assessor, or certified lead hazard investigator that includes, at a minimum, a determination of the year in which the building was built, a review of any available utility records for the presence of a full or partial lead service line, and an inspection of interior plumbing for the presence of lead.

SB424-SSA1,8,21 (b) If the applicant chooses to proceed under this subsection, the applicant shall submit with the application documentation that is dated and signed by the person who completed the plumbing assessment that indicates, at a minimum, whether the plumbing assessment revealed the presence of lead.

SB424-SSA1,8,23 (c) If a plumbing assessment shows the presence of lead, the applicant shall choose an action to take under sub. (3).

SB424-SSA1,8,25 (d) If a plumbing assessment shows no presence of lead, the applicant is exempt from further compliance with this section.

SB424-SSA1,9,6 (6) Low lead level. The testing and application requirements under this section do not apply to an applicant for a continued license under s. 48.625 or 48.65 or a renewed certification under s. 48.651 if the last drinking water test results the applicant submitted under sub. (2) along with an application for an initial, continued, or renewed license or certification or before an application is due as provided under sub. (3) (a) 5. showed lead levels not higher than 5 parts per billion.

SB424-SSA1,9,13 (7) Federal funding. The department shall, in consultation with the department of health services and the department of natural resources, seek federal funding to assist child care providers and operators of child care centers and group homes in paying for the costs of complying with the testing and remediation requirements under this section. The department shall ensure that any funding obtained for this purpose is distributed equitably among those eligible child care providers and operators of child care centers and group homes.

SB424-SSA1,5 Section 5 . 97.67 (8) of the statutes is created to read:

SB424-SSA1,9,15 97.67 (8) (a) Definitions. In this subsection:

SB424-SSA1,9,18 1. “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.

SB424-SSA1,9,21 2. “Lead contamination” means a concentration of lead that is greater than the federal action level established under the Safe Drinking Water Act, 42 USC 300f et seq.

SB424-SSA1,9,25 (b) Testing requirement. 1. Except as provided under pars. (c) 2. d., (d) 2., and (e), each applicant for an initial or renewed license to operate a recreational or educational camp under this section shall, no sooner than 6 months prior to submitting the application, test the water from every drinking water source used or to be used by children that supplies facilities used or to be used as the camp to monitor for lead contamination. A test under this subsection may be completed with a point-of-source or point-of-entry filter affixed to the drinking water source. The applicant shall submit the test results to the appropriate licensing authority along with the application. This subsection does not apply to child care programs under s. 120.13 (14).

SB424-SSA1,10,10 2. A license applicant shall ensure that the testing required under subd. 1. is done by the State Laboratory of Hygiene or a laboratory certified under ch. NR 149, Wis. Adm. Code, and that samples are collected in accordance with instructions provided by the laboratory that will do the testing.

SB424-SSA1,10,14 (c) Procedures if lead contamination is found. If a test submitted under par. (b) shows that there is lead contamination in a drinking water source that supplies facilities used or to be used as a recreational or educational camp, the applicant for an initial or renewed license under this section shall do one of the following:

SB424-SSA1,10,16 1. `Remediation.' a. Immediately after obtaining the test results, disconnect, shut off, or otherwise eliminate all access to water from the drinking water source.

SB424-SSA1,10,19 b. Provide the facility with an adequate supply of potable water or, for an applicant for an initial license under this section, prepare a plan to provide the facility with an adequate supply of potable water if licensed or certified.

SB424-SSA1,10,22 c. Submit along with its application the most recent test results under par. (b) and other proof, such as photographs, receipts, or other applicable documentation, that it is compliant with subd. 1. a. and b.

SB424-SSA1,10,25 d. Within 6 months after submitting the application, establish, submit to the licensing or certifying authority, and begin to carry out a plan for remediating the lead contamination.

SB424-SSA1,11,10 e. Between the date the license or certification is granted, continued, or renewed and the date on which the applicant submits an application for the subsequent license or certification period, the applicant may demonstrate to the appropriate licensing or certifying authority continued compliance with subd. 1. a. to d. and submit more recent test results than the last results submitted under par. (b). Except as provided under par. (e), if a test result is submitted under this subd. 1. e. that shows no lead contamination in a drinking water source, this subsection no longer applies with respect to that drinking water source, but par. (b) applies with respect to that drinking water source for an application submitted for the subsequent license or certification period.

SB424-SSA1,11,13 2. `Substitution of water source.' a. Immediately after obtaining the test results, disconnect, shut off, or otherwise eliminate all access to water from the drinking water source.

SB424-SSA1,11,18 b. Establish and carry out a plan for providing, on a permanent basis, an adequate supply of potable water from external sources, such as bottled water, and for ensuring that children served on the premises do not consume water from contaminated drinking water sources. The plan shall include the estimated quantity of water needed to supply the facility with all potable water needs.

SB424-SSA1,11,23 c. No later than 3 months after the first application is submitted after the test showing lead contamination, submit the plan established under subd. 2. b. and proof, such as photographs, receipts, or other applicable documentation, that the applicant is compliant with subd. 2. a. and b. and will be during the license or certification period.

SB424-SSA1,12,7 d. Submit, along with any subsequent application submitted for a license or certification period after the one for which an application under subd. 2. c. is submitted, proof, such as photographs, receipts, or other applicable documentation, that the applicant has been compliant with the plan under subd. 2. b. and an updated plan under subd. 2. b. for the period for which the application is submitted. The updated plan shall indicate any changes made since the application was submitted for the preceding license or certification period. An applicant in compliance with this subd. 2. d. is not required to do further lead testing or to submit further lead test results after the test results are submitted under subd. 2. c.

SB424-SSA1,12,14 e. If the applicant has previously complied with subd. 2. a. to d., the applicant may either indicate in a subsequent license or certification application an intent to instead comply with subd. 1., in which case the applicant shall comply with subd. 1. with respect to that application; or submit along with a subsequent application a new test result under par. (b) for each drinking water source showing no lead contamination, in which case the applicant is exempt from further compliance with this section.

SB424-SSA1,12,16 (d) Methods of remediation. Remediation under par. (c) 1. d. may, among other methods, include any of the following:

SB424-SSA1,12,18 1. Affixing a point-of-source or point-of-entry filter onto the drinking water source.

SB424-SSA1,12,25 2. Permanently disconnecting, shutting off, or otherwise eliminating access to water from a drinking water source if another drinking water source on the premises is not contaminated or will be remediated. If a drinking water source is remediated under this paragraph, the applicant is exempt from further testing requirements under par. (b) with respect to that drinking water source after proof of compliance with this paragraph, such as photographs, receipts, or other applicable documentation, is submitted to the licensing or certifying authority.

SB424-SSA1,13,6 (e) Low lead level. The testing and application requirements under this subsection do not apply to an applicant for a renewed license to operate a recreational or educational camp under this section if the last drinking water test results the applicant submitted under par. (b) along with an application for an initial or renewed license or before an application is due as provided under par. (c) 1. e. showed lead levels not higher than 5 parts per billion.

SB424-SSA1,13,13 (f) Federal funding. The department shall, in consultation with the department of health services and the department of natural resources, seek federal funding to assist operators of recreational or educational camps in paying for the costs of complying with the testing and remediation requirements under this section. The department shall ensure that any funding obtained for this purpose is distributed equitably among those eligible operators of recreational or educational camps.

SB424-SSA1,6 Section 6 . Initial applicability.

SB424-SSA1,13,19 (1) This act first applies to an application for an initial, continued, or renewed license to operate a group home under s. 48.625, a recreational or educational camp under s. 97.67, or a child care center under s. 48.65 or for an initial or renewed certification under s. 48.651 submitted on the first day of the 7th month beginning after publication.

SB424-SSA1,13,20 (End)