LRB-4216/1
EHS&ZDW:kjf
2019 - 2020 LEGISLATURE
September 26, 2019 - Introduced by Representatives Thiesfeldt, C. Taylor,
Kitchens, Ohnstad, Anderson, Ballweg, Billings, Bowen, Brostoff,
Emerson, Fields, Gruszynski, Haywood, Kolste, Kulp, Milroy, Mursau, L.
Myers
, Neubauer, Novak, Sargent, Shankland, Sinicki, Spreitzer, Steffen,
Stubbs, Subeck, Summerfield, Vining, Vruwink and Zamarripa, cosponsored
by Senators Cowles, Johnson, Petrowski, Miller, Carpenter, Feyen,
Larson, Olsen, Risser, Smith, L. Taylor, Testin and Wirch. Referred to
Committee on Energy and Utilities.
AB475,1,3 1An Act to create 48.651 (1d) (am), 48.67 (6), 48.675 and 97.67 (8) of the statutes;
2relating to: testing for lead in drinking water in facilities used for recreational
3and educational camps and child care.
Analysis by the Legislative Reference Bureau
This bill requires child care centers, child care providers, and recreational and
educational camps to test for lead in drinking water and to provide potable water if
lead contamination is found in order to obtain, renew, or continue a camp or child care
center license or child care provider certification.
Under current law, no person may for compensation provide care and
supervision for four or more children under the age of seven for less than 24 hours
a day unless that person obtains a license to operate a child care center from the
Department of Children and Families. To be licensed, current law requires a person
to meet the minimum requirements established by DCF. Under current law, a child
care center license is valid until revoked or suspended, but must be reviewed every
two years.
Current law also requires a person, other than a licensed child care center, to
be certified by DCF in order to be eligible to receive payment for providing child care
services for an individual who is determined eligible for a Wisconsin Shares child
care subsidy. To be certified, current law requires a child care provider to meet
minimum requirements established by DCF. Under current rules promulgated by
DCF, a child care provider certification is valid for two years unless revoked or
suspended, and must be renewed if the provider continues to comply with
certification standards.

Current law also requires the Department of Agriculture, Trade and Consumer
Protection or a local health department granted agent status to issue licenses to and
regulate recreational and educational camps. Under current law, such licenses
expire annually on June 30.
This bill adds as a minimum requirement for a recreational and education camp
license, a group home license, a child care center license, and a child care provider
certification that an applicant for an initial, continued, or renewed license or
certification (applicant) test drinking water for lead contamination in facilities used
or to be used for child care, a camp, or a group home within six months before
submitting the application. The bill provides that lead contamination is a
concentration of lead that is greater than a concentration considered safe for
drinking under the federal Safe Drinking Water Act.
Under the bill, if a test shows lead contamination, the applicant must establish
and carry out a plan for remediating the lead contamination, continue testing the
water until a test shows no lead contamination, provide safe drinking water to the
facility until the contamination is remediated, and provide proof in its application
that the applicant has complied with these requirements. At six-month intervals
following the issuance, renewal, or continuation of the license or certification, the
applicant must demonstrate to the appropriate licensing or certifying authority that
it remains in compliance with these requirements until a test result shows no lead
contamination. Under the bill, if an applicant submits with an application for an
initial, renewal, or continuation license a drinking water test showing lead levels are
not higher than one part per billion, the applicant need not submit further tests with
future applications to renew or continue the license.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB475,1 1Section 1. 48.651 (1d) (am) of the statutes is created to read:
AB475,2,42 48.651 (1d) (am) In establishing the requirements for certification of a child
3care provider under par. (a), the department shall include a requirement that all
4child care providers certified under s. 48.651 comply with s. 48.675.
AB475,2 5Section 2. 48.67 (6) of the statutes is created to read:
AB475,2,76 48.67 (6) That all child care centers licensed under s. 48.65 and all group homes
7licensed under s. 48.625 comply with s. 48.675.
AB475,3 8Section 3. 48.675 of the statutes is created to read:
AB475,3,3
148.675 Testing for lead in drinking water. (1) In this section, “lead
2contamination” means a concentration of lead that is greater than a concentration
3considered safe for drinking under the Safe Drinking Water Act, 42 USC 300f et seq.
AB475,3,10 4(2) Except as provided under sub. (5), each applicant for an initial or continued
5license to operate a group home under s. 48.625 or a child care center under s. 48.65
6or for an initial or renewed certification under s. 48.651 shall, no sooner than 6
7months prior to submitting the application, test the drinking water at the building
8used or to be used for child care or as a group home to monitor for lead contamination.
9The applicant shall submit the test results to the appropriate licensing or certifying
10authority along with the application.
AB475,3,16 11(3) Except as provided under sub. (5), an applicant for an initial or continued
12license under s. 48.625 or 48.65 or for an initial or renewed certification under s.
1348.651 shall ensure that the testing required under sub. (2) is done by the State
14Laboratory of Hygiene or a laboratory certified under ch. NR 149, Wis. Adm. Code,
15and that samples are collected in accordance with instructions provided by the
16laboratory that will do the testing.
AB475,3,20 17(4) If a test under sub. (2) shows that there is lead contamination in the
18drinking water at a building used or to be used for child care or as a group home, the
19applicant for an initial or continued license under s. 48.625 or 48.65 or for an initial
20or renewed certification under s. 48.651 shall do all of the following:
AB475,3,2121 (a) Establish and carry out a plan for remediating the lead contamination.
AB475,3,2422 (b) Continue having the drinking water tested as prescribed under sub. (3) at
23intervals of not more than 6 months until the test results show no lead
24contamination.
AB475,4,5
1(c) Until testing required under par. (b) shows no lead contamination, provide
2the facility with an adequate supply of potable water or, for an applicant for an initial
3license under s. 48.625 or 48.65 or an initial certification under s. 48.651,
4demonstrate a plan to provide the facility with an adequate supply of potable water
5if licensed or certified.
AB475,4,86 (d) Submit along with its application the most recent test results under par. (b)
7and other proof, such as photographs, receipts, or other applicable documentation,
8that it is compliant with pars. (a) to (c).
AB475,4,139 (e) At 6-month intervals following the date the license or certification is
10granted, continued, or renewed, demonstrate to the appropriate licensing or
11certifying authority continued compliance with pars. (a) to (c), including the most
12recent test results under par. (b). No further demonstration under this paragraph
13is required following submittal of a test result showing no lead contamination.
AB475,4,18 14(5) The testing and application requirements under this section do not apply
15to an applicant for a continued license under s. 48.625 or 48.65 or a renewed
16certification under s. 48.651 if the last drinking water test results the applicant
17submitted along with an application for an initial, continued, or renewed license or
18certification showed lead levels not higher than one part per billion.
AB475,4 19Section 4. 97.67 (8) of the statutes is created to read:
AB475,4,2220 97.67 (8) (a) In this subsection, “lead contamination” means a concentration
21of lead that is greater than a concentration considered safe for drinking under the
22Safe Drinking Water Act, 42 USC 300f et seq.
AB475,5,323 (b) Except as provided under par. (e), each applicant for an initial or renewed
24license to operate a recreational or educational camp under this section shall, no
25sooner than 6 months prior to submitting the application, test the drinking water

1supplied to facilities used or to be used as the camp to monitor for lead contamination.
2The applicant shall submit the test results to the appropriate licensing authority
3along with the application.
AB475,5,94 (c) Except as provided under par. (e), an applicant for an initial or renewed
5license to operate a recreational or educational camp under this section shall ensure
6that the testing required under par. (b) is done by the State Laboratory of Hygiene
7or a laboratory certified under ch. NR 149, Wis. Adm. Code, and that samples are
8collected in accordance with instructions provided by the laboratory that will do the
9testing.
AB475,5,1310 (d) If a test under par. (b) shows that there is lead contamination in the drinking
11water supplied to facilities used or to be used as a recreational or educational camp,
12the applicant for an initial or renewed license under this section shall do all of the
13following:
AB475,5,1414 1. Establish and carry out a plan for remediating the lead contamination.
AB475,5,1715 2. Continue having the drinking water tested as prescribed under par. (c) at
16intervals of not more than 6 months until the test results show no lead
17contamination.
AB475,5,2118 3. Until testing required under subd. 2. shows no lead contamination, provide
19the recreational or educational camp with an adequate supply of potable water or,
20for an applicant for an initial license under this section, demonstrate a plan to
21provide the camp with an adequate supply of potable water if licensed.
AB475,5,2422 4. Submit along with its application the most recent test results under subd.
232. and other proof, such as photographs, receipts, or other applicable documentation,
24that it is compliant with subds. 1. to 3.
AB475,6,5
15. At 6-month intervals following the date the license is granted or renewed,
2demonstrate to the appropriate licensing authority continued compliance with
3subds. 1. to 3., including the most recent test results under subd. 2. No further
4demonstration under this subdivision is required following submittal of a test result
5showing no lead contamination.
AB475,6,106 (e) The testing and application requirements under this subsection do not
7apply to an applicant for a renewed license to operate a recreational or educational
8camp under this section if the last drinking water test results the applicant
9submitted along with an application for an initial or renewed license showed lead
10levels not higher than one part per billion.
AB475,5 11Section 5. Initial applicability.
AB475,6,1512 (1) This act first applies to an application for an initial, continued, or renewed
13license to operate a group home under s. 48.625, a recreational or educational camp
14under s. 97.67, or a child care center under s. 48.65 or for an initial or renewed
15certification under s. 48.651 submitted on the effective date of this subsection.
AB475,6 16Section 6. Effective date.
AB475,6,1817 (1) This act takes effect on the first day of the 6th month beginning after
18publication.
AB475,6,1919 (End)
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