2017 - 2018 LEGISLATURE
November 8, 2017 - Introduced by Senators Johnson, Larson, Carpenter, Miller,
Risser and Wirch, cosponsored by Representatives Ohnstad, Mason,
Taylor, Anderson, Berceau, Billings, Bowen, Crowley, Goyke, Kessler,
Kolste, Pope, Riemer, Sargent, Sinicki, Spreitzer, Subeck, Wachs, Young,
Zamarripa and Zepnick. Referred to Committee on Public Benefits, Licensing
and State-Federal Relations.
1An Act to create
48.654, 48.67 (6), 49.155 (1d) (ar) and 281.17 (11) of the statutes; 2relating to: testing for lead in drinking water in buildings used for child care
3and granting rule-making authority.
Analysis by the Legislative Reference Bureau
This bill requires child care centers and child care providers 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 child care center license or child care provider
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
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
This bill adds as a minimum requirement for both a child care center license
and a child care provider certification that an applicant for a new, renewal, or
continued license or certification (applicant) test drinking water for lead
contamination in a building used or to be used for child care within six months before
submitting the application. The bill defines lead contamination to be a concentration
of lead that is greater than 0.005 mg/L. Testing required under the bill must be done
in accordance with rules promulgated by the Department of Natural Resources.
Under the bill, if a test shows lead contamination, the applicant must continue
testing as required by DNR, notify parents of children under its care and supervision
of the test results that show the 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 DCF that it remains in compliance with these
requirements until a test result shows no lead contamination.
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:
48.654 of the statutes is created to read:
248.654 Testing for lead in drinking water. (1)
In this section, “lead 3
contamination” means a concentration of lead that is greater than 0.005 mg/L.
Each applicant for a new or continued license to operate a child care center 5
under s. 48.65 or for a new or renewed certification under s. 48.651 shall, no sooner 6
than 6 months prior to submitting the application, test the drinking water at the 7
building to be used as a child care center to monitor for lead contamination. The 8
applicant shall submit the test results to the appropriate licensing or certifying 9
authority along with the application.
An applicant for a new or continued license under s. 48.65 or for a new or 11
renewed certification under s. 48.651 shall ensure that the testing required under 12
sub. (2) is done in accordance with rules promulgated by the department of natural 13
If a test under sub. (2) shows that there is lead contamination in the 2
drinking water at a building used or to be used for child care, the applicant for a new 3
or continued license under s. 48.65 or for a new or renewed certification under s. 4
48.651 shall do all of the following:
(a) Continue testing the water in accordance with rules promulgated by the 6
department of natural resources until the test results show no lead contamination.
(b) Until testing required under par. (a) shows no lead contamination, provide 8
the facility with an adequate supply of potable water or, for an applicant for a new 9
license under s. 48.65 or a new certification under s. 48.651, demonstrate a plan to 10
provide the facility with an adequate supply of potable water if licensed or certified.
(c) Provide each parent or guardian of a child under its care and supervision 12
with written notification of the test results.
(d) Post the test results on its Internet site, if one is maintained.
(e) Submit along with its application proof that it is compliant with pars. (a) 15
(f) At 6-month intervals following the date the license or certification is 17
granted, continued, or renewed, demonstrate to the appropriate licensing or 18
certifying authority continued compliance with pars. (a) to (d), including the most 19
recent test results under par. (a). No further demonstration under this paragraph 20
is required following submittal of a test result showing no lead contamination.
48.67 (6) of the statutes is created to read:
That all child care centers licensed under s. 48.65 comply with s. 23
49.155 (1d) (ar) of the statutes is created to read:
(ar) In establishing the requirements for certification of a child care 2
provider under par. (a), the department shall include a requirement that all child 3
care providers certified under s. 48.651 comply with s. 48.654.
281.17 (11) of the statutes is created to read:
The department shall promulgate rules establishing procedures for 6
testing drinking water in buildings used for child care for lead contamination under 7
This act first applies to an application for a new or continued license to 10
operate a child care center under s. 48.65 or for a new or renewed certification under 11
s. 48.651 submitted on the effective date of this subsection.