LRB-4286/2
RCT:kmg:kjf
1999 - 2000 LEGISLATURE
February 17, 2000 - Introduced by Representatives Kedzie, Duff, Musser, Stone,
Olsen, Albers, Pettis, Kestell, Spillner, Gunderson, Kreuser and
Hutchison, cosponsored by Senators Darling and Farrow. Referred to
Committee on Environment.
AB758,1,11
1An Act to repeal 299.11 (1) (g), 299.11 (5) (b) and (c) and 299.11 (7);
to renumber
2299.11 (1) (a);
to amend 15.107 (12) (title) and (a), 93.12 (5), 93.12 (9), 93.12 (9),
397.34 (2) (c), 281.75 (6) (a), 299.07 (1) (a) 11., 299.07 (1) (a) 11., 299.11 (title),
4299.11 (1) (b), 299.11 (1) (b), 299.11 (1) (c), 299.11 (1) (g), 299.11 (2), 299.11 (3),
5299.11 (3), 299.11 (4) (title) and (a), 299.11 (4) (title) and (a), 299.11 (4) (c), 299.11
6(4) (c), 299.11 (5) (title), 299.11 (5) (title), 299.11 (5) (d), 299.11 (5) (d), 299.11 (6),
7299.11 (6), 299.11 (8) (title) and (a), 299.11 (8) (b) to (e), 299.11 (8) (f) to (h),
8299.11 (9) and 299.11 (9); and
to create 299.11 (1) (ae), 299.11 (1) (em), 299.11
9(1) (eq), 299.11 (5) (cm), 299.11 (7m) and 299.11 (8) (er) of the statutes;
relating
10to: accreditation, certification and registration of laboratories by the
11department of natural resources.
Analysis by the Legislative Reference Bureau
Under current law, the department of natural resources (DNR) may specify
tests related to programs administered by DNR that must be conducted by
laboratories certified or registered by DNR or the department of agriculture, trade
and consumer protection (DATCP) or certified or registered by another state or a
federal agency that recognizes laboratory certification by DNR and that uses
standards equivalent to this state's standards.
This bill authorizes DNR to apply to the federal environmental protection
agency to be approved to accredit laboratories under a national environmental
laboratory accreditation program. If DNR is approved to accredit laboratories under
the national program, an accredited laboratory may conduct tests that currently
must be conducted by a certified or registered laboratory. If DNR is approved to
accredit laboratories under the national program, this state must accept test results
from laboratories accredited by other accrediting authorities and other accrediting
authorities must accept test results from laboratories accredited by DNR.
On July 1, 2001, this bill eliminates the current certification under DNR's
laboratory program and modifies the current requirements for registration, which
the bill renames certification. On that date, the bill also eliminates reciprocal
recognition of any kind of laboratory approval by another state or by a federal agency
other than accreditation under the national environmental laboratory accreditation
program. Thus, beginning on July 1, 2001, the laboratory must be accredited by DNR
or another accrediting authority under the national program, or certified by DATCP
or DNR to conduct tests specified by DNR.
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:
AB758, s. 1
1Section
1. 15.107 (12) (title) and (a) of the statutes are amended to read:
AB758,2,52
15.107
(12) (title)
Certification Accreditation and certification standards
3review council. (a)
Creation. There is created in the department of administration
4a an accreditation and certification standards review council consisting of 9
5members.
AB758, s. 2
6Section
2. 93.12 (5) of the statutes is amended to read:
AB758,3,27
93.12
(5) The department shall establish uniform minimum standards to be
8used in the evaluation and certification of laboratory examinations. The department
9shall submit any rules proposed under this subsection which affect the laboratory
10accreditation and certification program under s. 299.11 to the department of natural
11resources and to the state laboratory of hygiene for review and comment. These rules
1may not take effect unless they are approved by the department of natural resources
2within 6 months after submission.
AB758, s. 3
3Section
3. 93.12 (9) of the statutes is amended to read:
AB758,3,74
93.12
(9) The department shall recognize the
accreditation, certification or
5registration of a laboratory by the department of natural resources under s. 299.11
6and shall accept the results of any test conducted by a laboratory
accredited, certified
7or registered to conduct that category of test under that section.
AB758, s. 4
8Section
4
. 93.12 (9) of the statutes, as affected by 1999 Wisconsin Act .... (this
9act), is amended to read:
AB758,3,1310
93.12
(9) The department shall recognize the accreditation
, or certification
or
11registration of a laboratory by the department of natural resources under s. 299.11
12and shall accept the results of any test conducted by a laboratory accredited
, or 13certified
or registered to conduct that category of test under that section.
AB758, s. 5
14Section
5. 97.34 (2) (c) of the statutes is amended to read:
AB758,3,2215
97.34
(2) (c) The department may require testing of bottled drinking water for
16substances subject to any standard under par. (b) and for any other substance if the
17department determines that the water system used as the source of the bottled
18drinking water has a potential of being contaminated, based on contamination of
19other water systems or groundwater in the vicinity. The department shall adopt by
20rule requirements for periodic sampling and analysis for the purposes of this
21subsection. The department shall require all analyses to be conducted by a
22laboratory
accredited or certified under s. 299.11.
AB758, s. 6
23Section
6. 281.75 (6) (a) of the statutes is amended to read:
AB758,4,324
281.75
(6) (a) Contamination of a private water supply, as defined under sub.
25(1) (b) 1. or 2., is required to be established by analysis of at least 2 samples of water,
1taken at least 2 weeks apart, in a manner which assures the validity of the test
2results. The samples shall be tested by a laboratory
accredited or certified under s.
3299.11.
AB758, s. 7
4Section
7. 299.07 (1) (a) 11. of the statutes is amended to read:
AB758,4,55
299.07
(1) (a) 11. A certification
, accreditation or registration under s. 299.11.
AB758, s. 8
6Section
8
. 299.07 (1) (a) 11. of the statutes, as affected by 1999 Wisconsin Act
7.... (this act), is amended to read:
AB758,4,98
299.07
(1) (a) 11. A certification
,
or accreditation
or registration under s.
9299.11.
AB758, s. 9
10Section
9. 299.11 (title) of the statutes is amended to read:
AB758,4,11
11299.11 (title)
Laboratory accreditation and certification program.
AB758, s. 10
12Section
10. 299.11 (1) (a) of the statutes is renumbered 299.11 (1) (am).
AB758, s. 11
13Section
11. 299.11 (1) (ae) of the statutes is created to read:
AB758,4,1514
299.11
(1) (ae) "Accredited" means accredited under sub. (7m) or recognized as
15accredited under sub. (5).
AB758, s. 12
16Section
12. 299.11 (1) (b) of the statutes is amended to read:
AB758,4,2017
299.11
(1) (b) "Certified
laboratory" means
a laboratory which performs tests
18for hire in connection with a covered program and which receives certification 19certified under sub. (7) or
receives recognition recognized as
a certified
laboratory 20under sub. (5).
AB758, s. 13
21Section
13
. 299.11 (1) (b) of the statutes, as affected by 1999 Wisconsin Act ....
22(this act), is amended to read:
AB758,4,2423
299.11
(1) (b) "Certified" means certified under sub.
(7) or recognized as
24certified under sub. (5) (8).
AB758, s. 14
25Section
14. 299.11 (1) (c) of the statutes is amended to read:
AB758,5,2
1299.11
(1) (c) "Council" means the
accreditation and certification standards
2review council created under s. 15.107 (12).
AB758, s. 15
3Section
15. 299.11 (1) (em) of the statutes is created to read:
AB758,5,74
299.11
(1) (em) "National Environmental Laboratory Accreditation
5Conference" means the voluntary association of state and federal officials, sponsored
6by the federal environmental protection agency, with the purpose of establishing
7national performance standards for environmental laboratories.
AB758, s. 16
8Section
16. 299.11 (1) (eq) of the statutes is created to read:
AB758,5,149
299.11
(1) (eq) "National environmental laboratory accreditation program"
10means the program of the federal environmental protection agency that oversees the
11implementation of national performance standards established by the National
12Environmental Laboratory Accreditation Conference and determines whether to
13approve state and federal agencies as accrediting authorities for environmental
14laboratories.
AB758, s. 17
15Section
17. 299.11 (1) (g) of the statutes is amended to read:
AB758,5,1816
299.11
(1) (g) "Registered
laboratory" means
a laboratory which is registered
17under sub. (8) or
receives recognition recognized as
a registered
laboratory under
18sub. (5).
AB758, s. 18
19Section
18. 299.11 (1) (g) of the statutes, as affected by 1999 Wisconsin Act ....
20(this act), is repealed.
AB758, s. 19
21Section
19. 299.11 (2) of the statutes is amended to read:
AB758,6,322
299.11
(2) Coordination with department of agriculture, trade and
23consumer protection. (a) The department shall submit to the department of
24agriculture, trade and consumer protection and to the state laboratory of hygiene
25any rules proposed under this section that affect the laboratory
certification program
1under s. 93.12 (5), for review and comment. These rules may not take effect unless
2they are approved by the department of agriculture, trade and consumer protection
3within 6 months after submission.
AB758,6,94
(b) The department shall enter into a memorandum of understanding with the
5department of agriculture, trade and consumer protection setting forth the
6responsibilities of each department in administering the laboratory
certification 7programs under s. 93.12 (5) and this section. The memorandum of understanding
8shall include measures to be taken by each department to avoid duplication of
9application and compliance procedures
for laboratory certification.
AB758, s. 20
10Section
20. 299.11 (3) of the statutes is amended to read:
AB758,6,1811
299.11
(3) Certification
Accreditation and certification standards review
12council. The council shall review the laboratory certification
and, registration
and
13accreditation program and shall make recommendations to the department
14concerning the specification of test categories, reference sample testing and
15standards for certification, registration,
accreditation, suspension and revocation
16and other aspects of the program.
Recommendations concerning accreditation shall
17be consistent with the standards established by the National Environmental
18Laboratory Accreditation Conference.
AB758, s. 21
19Section
21
. 299.11 (3) of the statutes, as affected by 1999 Wisconsin Act ....
20(this act), is amended to read:
AB758,7,321
299.11
(3) Accreditation and certification standards review council. The
22council shall review the laboratory certification
, registration and accreditation
23program and shall make recommendations to the department concerning the
24specification of test categories, reference sample testing and standards for
25certification,
registration, accreditation, suspension and revocation and other
1aspects of the program. Recommendations concerning accreditation shall be
2consistent with the standards established by the National Environmental
3Laboratory Accreditation Conference.
AB758, s. 22
4Section
22. 299.11 (4) (title) and (a) of the statutes are amended to read:
AB758,7,125
299.11
(4) (title)
Department may require
accreditation, certification or
6registration. (a)
Applicability. Except as provided in subs. (5) and (6), if results from
7a test in a specified test category in a covered program are required to be submitted
8to the department, the department may require by rule that the test be conducted
9by a laboratory which is
accredited, certified or registered to conduct tests in that
10specified category. The department may require that tests be conducted by
a an
11accredited or certified laboratory if the requirements for registration do not meet the
12requirements of an applicable federal law.
AB758, s. 23
13Section
23
. 299.11 (4) (title) and (a) of the statutes, as affected by 1999
14Wisconsin Act .... (this act), are amended to read:
AB758,7,2215
299.11
(4) (title)
Department may require accreditation, or certification or
16registration. (a)
Applicability. Except as provided in subs. (5) and (6), if results from
17a test in a specified test category in a covered program are required to be submitted
18to the department, the department may require by rule that the test be conducted
19by a laboratory which is accredited
, or certified
or registered to conduct tests in that
20specified category. The department may require that tests be conducted by an
21accredited
or certified laboratory if the requirements for
registration certification do
22not meet the requirements of an applicable federal law.
AB758, s. 24
23Section
24. 299.11 (4) (c) of the statutes is amended to read:
AB758,8,424
299.11
(4) (c)
Delayed effective date. A rule identifying specified test categories
25for which tests are required to be conducted by
a
an accredited, certified or registered
1laboratory may not take effect until at least 120 days after publication. The
2department may not require a person to resubmit results of tests which were not
3required to be conducted by
a an accredited, certified or registered laboratory at the
4time of the original submission merely because of that fact.
AB758, s. 25
5Section
25
. 299.11 (4) (c) of the statutes, as affected by 1999 Wisconsin Act ....
6(this act), is amended to read:
AB758,8,127
299.11
(4) (c)
Delayed effective date. A rule identifying specified test categories
8for which tests are required to be conducted by an accredited
, or certified
or
9registered laboratory may not take effect until at least 120 days after publication.
10The department may not require a person to resubmit results of tests which were not
11required to be conducted by an accredited
, or certified
or registered laboratory at the
12time of the original submission merely because of that fact.