Amendment ASA1-AB476

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:

AB476-ASA1,1 Section 1. 24.61 (3) (a) 1. dm. of the statutes is created to read:

AB476-ASA1,3,2 24.61 (3) (a) 1. dm. Remediating lead contamination in a school building.

AB476-ASA1,2 Section 2. 24.61 (3) (a) 2. of the statutes is amended to read:

AB476-ASA1,4,4 24.61 (3) (a) 2. A town, village, city, or county as provided under s. 67.04 or otherwise authorized by law, or to remediate lead contamination in a school with which the town, village, city, or county has contracted.

AB476-ASA1,3 Section 3. 24.61 (3) (a) 3. of the statutes is amended to read:

AB476-ASA1,4,8 24.61 (3) (a) 3. A technical college district as provided under s. 67.04 or otherwise authorized by law, or to remediate lead contamination in a school with which the district has contracted.

AB476-ASA1,4 Section 4. 24.61 (3) (a) 3m. of the statutes is created to read:

AB476-ASA1,4,11 24.61 (3) (a) 3m. A cooperative educational service agency for the purpose of remediating lead contamination in a school with which the agency has contracted.

AB476-ASA1,5 Section 5 . 48.737 of the statutes is renumbered 48.737 (1).

AB476-ASA1,6 Section 6 . 48.737 (2) of the statutes is created to read:

AB476-ASA1,4,18 48.737 (2) (a) No later than 7 days after the effective date of this paragraph .... [LRB inserts date], the department shall post on its Internet site a copy of the guidance document and testing protocol published by the federal environmental protection agency under 42 USC 300j-24 (b). This paragraph does not apply after the department posts the information required under par. (b).

AB476-ASA1,4,22 (b) No later than 7 days after the department receives the notice under 2019 Wisconsin Act .... (this act), section 12 (2), the department shall post on its Internet site a copy of the document created under s. 254.15 (7) providing technical guidance and a model plan for testing potable sources of water for lead contamination.

AB476-ASA1,7 Section 7 . 97.67 (8) of the statutes is created to read:

AB476-ASA1,5,3 97.67 (8) (a) No later than 7 days after the effective date of this paragraph .... [LRB inserts date], the department shall post on its Internet site a copy of the guidance document and testing protocol published by the federal environmental protection agency under 42 USC 300j-24 (b). This paragraph does not apply after the department posts the information required under par. (b).

AB476-ASA1,5,7 (b) No later than 7 days after the department receives the notice under 2019 Wisconsin Act .... (this act), section 12 (2), the department shall post on its Internet site a copy of the document created under s. 254.15 (7) providing technical guidance and a model plan for testing potable sources of water for lead contamination.

AB476-ASA1,8 Section 8. 115.28 (66) to (68) of the statutes are created to read:

AB476-ASA1,5,14 115.28 (66) Lead contamination guidance document and testing protocol. No later than 7 days after the effective date of this subsection .... [LRB inserts date], post on the department's Internet site a copy of the guidance document and testing protocol published by the federal environmental protection agency under 42 USC 300j-24 (b). This subsection does not apply after the state superintendent posts the information required under sub. (67).

AB476-ASA1,5,19 (67) Technical guidance and model plan for testing potable water. No later than 7 days after the department receives the notice under 2019 Wisconsin Act .... (this act), section 12 (2), post on the department's Internet site a copy of the document created under s. 254.15 (7) providing technical guidance and a model plan for testing potable sources of water for lead contamination.

AB476-ASA1,6,3 (68) Federal funding for lead testing and remediation. In consultation with the department of health services and the department of natural resources, seek federal funding to assist school boards, operators of charter schools under s. 118.40 (2r) and (2x), and governing bodies of private schools participating in programs under ss. 115.7915, 118.60, and 119.23 to pay for the costs of complying with the testing and remediation requirements under s. 118.07 (6). The state superintendent shall ensure that any funding obtained for this purpose is distributed equitably among those school boards, operators, and governing bodies that are eligible for that funding.

AB476-ASA1,9 Section 9. 118.07 (6) of the statutes is created to read:

AB476-ASA1,6,5 118.07 (6) (a) In this subsection:

AB476-ASA1,6,8 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.

AB476-ASA1,6,9 2. “Governing body” means any of the following:

AB476-ASA1,6,11 a. For a public school other than a charter school under s. 118.40 (2r) or (2x), the school board of the school district in which the school is located.

AB476-ASA1,6,13 b. For a child care program established under s. 120.13 (14), the school board that established the child care program.

AB476-ASA1,6,15 c. For a charter school under s. 118.40 (2r) or (2x), the operator of the charter school.

AB476-ASA1,6,17 d. For a private school participating in a program under s. 115.7915, 118.60, or 119.23, the governing body of the private school.

AB476-ASA1,6,20 3. “Lead contamination” means a concentration of lead that is greater than the federal action level for lead established pursuant to the Safe Drinking Water Act, 42 USC 300f et seq.

AB476-ASA1,6,23 4. “School” means a public school, including a charter school; a child care program established under s. 120.13 (14); or a private school participating in a program under s. 115.7915, 118.60, or 119.23.

AB476-ASA1,7,5 (b) Except as provided under pars. (g) and (h), the governing body of a school shall, at least once every 5 years, test all drinking water sources at the school for lead contamination. The governing body shall conduct a test under this paragraph in accordance with the guidance posted on the department's Internet site under s. 115.28 (66) or (67) at the time the test is conducted. The governing body shall submit the test sample for processing to the laboratory of hygiene or a certified laboratory, as defined in s. 299.11 (1) (b).

AB476-ASA1,7,13 (c) The governing body of a school shall identify all water sources at the school and, for each water source, determine whether it dispenses potable or nonpotable water. For each water source that dispenses potable water, the governing body shall determine whether the water source is a drinking water source under this subsection. For a potable water source the governing body determines is not a drinking water source under this subsection, the governing body shall, if the water source is accessible to pupils, clearly identify the water source with an appropriate sign identifying the water as not for drinking.

AB476-ASA1,7,15 (d) The governing body of a school shall, no later than 30 days after receiving the results of a test conducted under par. (b), do all of the following:

AB476-ASA1,7,18 1. Post the results on the governing body's Internet site or, if the governing body does not have an Internet site, make the results available to the public for examination on request.

AB476-ASA1,7,19 2. Provide the results to the department.

AB476-ASA1,7,22 (e) If the results of a test of a drinking water source at a school conducted under par. (b) show lead contamination, the governing body of the school shall do all of the following:

AB476-ASA1,7,25 1. Immediately disconnect, shut off, or otherwise eliminate all access to water from the drinking water source and, if necessary, provide an alternative drinking water supply.

AB476-ASA1,8,3 2. No later than 6 months after receiving the results that show lead contamination, develop and submit a plan to the department for remediating the lead contamination.

AB476-ASA1,8,7 3. No later than 30 days after submitting a remediation plan under subd. 2., post the plan on the governing body's Internet site or, if the governing body does not have an Internet site, make the plan available to the public for examination on request.

AB476-ASA1,8,10 (f) The governing body of a school may reconnect, turn on, and otherwise restore access to water from a drinking water source described under par. (e) 1. if the governing body does all of the following:

AB476-ASA1,8,12 1. Remediates the lead contamination in the drinking water source in accordance with the remediation plan developed under par. (e) 2.

AB476-ASA1,8,14 2. Conducts a test of the drinking water source in accordance with the requirements under par. (b).

AB476-ASA1,8,16 3. Submits the test sample from the test described under subd. 2. for processing in accordance with the requirements under par. (b).

AB476-ASA1,8,18 4. Receives test results for the test sample described under subd. 3. that show no lead contamination.

AB476-ASA1,8,21 5. No later than 30 days after receiving the test results described under subd. 4., posts the results as provided under par. (d) 1. and provides the results to the department.

AB476-ASA1,8,25 (g) If the governing body of a school conducts 2 consecutive tests under par. (b) or (f) of a drinking water source at the school and the test results show lead levels not higher than 5 parts per billion, the governing body is not required to conduct any additional tests under par. (b) of that drinking water source.

AB476-ASA1,9,3 (h) The requirements under this subsection 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.

AB476-ASA1,10 Section 10 . 121.91 (3) (a) 3. of the statutes is created to read:

AB476-ASA1,9,7 121.91 (3) (a) 3. If the school board of a school district receives results for a test conducted under s. 118.07 (6) (b) that show the presence of lead in drinking water at a school in the school district, all of the following apply:

AB476-ASA1,9,12 a. The school board may call a special referendum under subd. 1. only to submit to the electors of the school district for approval or rejection a resolution supporting inclusion in the final school district budget of an amount equal to the proposed excess revenue attributable to costs of lead remediation conducted to reduce or eliminate the presence of lead in drinking water at schools in the school district.

AB476-ASA1,9,15 b. Notwithstanding subd. 1. and s. 67.05 (6a) (a) 2. a., a school board may proceed under this subdivision, under subd. 1., and under s. 67.05 (6a) (a) 2. a. no more than 3 times in any calendar year.

AB476-ASA1,11 Section 11 . 254.15 (7) of the statutes is created to read:

AB476-ASA1,9,25 254.15 (7) (a) After consultation with the department of agriculture, trade and consumer protection, the department of children and families, the department of natural resources, the department of public instruction, and the department of safety and professional services, create a document providing technical guidance on and a model plan for schools, child care providers under ch. 48, child care centers under ch. 48, group homes under ch. 48, and recreational and educational camps under ch. 97 for testing potable sources of water for lead contamination, remediating lead contamination in potable sources of water, and disseminating information on results of tests of potable sources of water.

AB476-ASA1,10,2 (b) In developing the technical guidance and model plan under this subsection, do all of the following:

AB476-ASA1,10,3 1. Consult with stakeholders and interested parties.

AB476-ASA1,10,4 2. Conduct a public hearing relating to the technical guidance and model plan.

AB476-ASA1,10,6 3. Accept from any person written comments relating to the technical guidance and model plan.

AB476-ASA1,10,8 (c) Create the document providing technical guidance and a model plan under this subsection by July 1, 2023.

AB476-ASA1,12 Section 12 . Nonstatutory provisions.

AB476-ASA1,10,10 (1) (a) In this subsection:

AB476-ASA1,10,11 1. “Drinking water source” has the meaning given in s. 118.07 (6) (a) 1.

AB476-ASA1,10,12 2. “Governing body” has the meaning given in s. 118.07 (6) (a) 2.

AB476-ASA1,10,13 3. “Lead contamination” has the meaning given in s. 118.07 (6) (a) 3.

AB476-ASA1,10,14 4. “School” has the meaning given in s. 118.07 (6) (a) 4.

AB476-ASA1,10,16 (b) The governing body of a school shall conduct the first test required under s. 118.07 (6) (b) as follows:

AB476-ASA1,10,18 1. For a school building or an addition to a school building constructed before January 1, 1974, no later than one year after the effective date of this subdivision.

AB476-ASA1,10,21 2. For a school building or an addition to a school building constructed on or after January 1, 1974, and before January 1, 1985, no later than 2 years after the effective date of this subdivision.

AB476-ASA1,10,24 3. For a school building or an addition to a school building constructed on or after January 1, 1985, no later than 3 years after the effective date of this subdivision.

AB476-ASA1,11,5 (c) Notwithstanding the requirement under s. 118.07 (6) (b) that the governing body of a school shall conduct a test under s. 118.07 (6) (b) in accordance with the guidance posted on the department of public instruction's Internet site under s. 115.28 (66) or (67), the governing body, in conducting the first test as provided under par. (b), is required to obtain and test only one sample for each drinking water source.

AB476-ASA1,11,9 (d) If the governing body of a school tested all drinking water sources at the school in accordance with the requirements under s. 118.07 (6) (b) no more than 5 years before the effective date of this paragraph, the governing body shall do all of the following:

AB476-ASA1,11,11 1. Notwithstanding par. (b), conduct the first test required under s. 118.07 (6) (b) no later than 6 years after the effective date of this subdivision.

AB476-ASA1,11,13 2. No later than 3 months after the effective date of this subdivision, provide the test results to the department of public instruction.

AB476-ASA1,11,17 3. If the test results for a drinking water source show lead contamination, no later than 6 months after providing the test results to the department of public instruction under subd. 2., develop and submit a remediation plan to the department of public instruction regarding the drinking water source.

AB476-ASA1,11,21 (2) When the department of health services creates the document required under s. 254.15 (7), the department shall notify the department of agriculture, trade and consumer protection, the department of children and families, and the department of public instruction of the date on which the document is created.

AB476-ASA1,13 Section 13. Effective dates. This act takes effect on the day after publication, except as follows:

AB476-ASA1,12,2 (1) The treatment of s. 118.07 (6) and Section 12 (1 ) of this act take effect on July 1, 2020.

AB476-ASA1,12,3 (End)