LRBa1255/1
KRP/MCP/KP:amn/wlj/skw
2019 - 2020 LEGISLATURE
ASSEMBLY AMENDMENT 2,
TO ASSEMBLY BILL 797
February 17, 2020 - Offered by Representatives Thiesfeldt and Kitchens.
AB797-AA2,1,11 At the locations indicated, amend the bill as follows:
AB797-AA2,1,4 21. Page 1, line 2: after “products" insert “; lead testing of drinking water
3sources in certain schools; providing loans for lead remediation in certain schools;
4and providing an exception to referendum restrictions for lead remediation” .
AB797-AA2,1,5 52. Page 1, line 3: before that line insert:
AB797-AA2,1,6 6 Section 1a. 24.61 (3) (a) 1. dm. of the statutes is created to read:
AB797-AA2,1,77 24.61 (3) (a) 1. dm. Remediating lead contamination in a school building.
AB797-AA2,1b 8Section 1b. 24.61 (3) (a) 2. of the statutes is amended to read:
AB797-AA2,1,119 24.61 (3) (a) 2. A town, village, city, or county as provided under s. 67.04 or
10otherwise authorized by law, or to remediate lead contamination in a school with
11which the town, village, city, or county has contracted
.
AB797-AA2,1c 12Section 1c. 24.61 (3) (a) 3. of the statutes is amended to read:
AB797-AA2,2,3
124.61 (3) (a) 3. A technical college district as provided under s. 67.04 or
2otherwise authorized by law, or to remediate lead contamination in a school with
3which the district has contracted
.
AB797-AA2,1d 4Section 1d. 24.61 (3) (a) 3m. of the statutes is created to read:
AB797-AA2,2,65 24.61 (3) (a) 3m. A cooperative educational service agency for the purpose of
6remediating lead contamination in a school with which the agency has contracted.
AB797-AA2,1e 7Section 1e. 48.737 of the statutes is renumbered 48.737 (1).
AB797-AA2,1f 8Section 1f. 48.737 (2) of the statutes is created to read:
AB797-AA2,2,139 48.737 (2) (a) No later than 7 days after the effective date of this paragraph ....
10[LRB inserts date], the department shall post on its Internet site a copy of the
11guidance document and testing protocol published by the federal environmental
12protection agency under 42 USC 300j-24 (b). This paragraph does not apply after
13the department posts the information required under par. (b).
AB797-AA2,2,1714 (b) No later than 7 days after the department receives the notice under 2019
15Wisconsin Act .... (this act), section 2m (2), the department shall post on its Internet
16site a copy of the document created under s. 254.15 (7) providing technical guidance
17and a model plan for testing potable sources of water for lead contamination.
AB797-AA2,1g 18Section 1g. 97.67 (8) of the statutes is created to read:
AB797-AA2,2,2319 97.67 (8) (a) No later than 7 days after the effective date of this paragraph ....
20[LRB inserts date], the department shall post on its Internet site a copy of the
21guidance document and testing protocol published by the federal environmental
22protection agency under 42 USC 300j-24 (b). This paragraph does not apply after
23the department posts the information required under par. (b).
AB797-AA2,3,224 (b) No later than 7 days after the department receives the notice under 2019
25Wisconsin Act .... (this act), section 2m (2), the department shall post on its Internet

1site a copy of the document created under s. 254.15 (7) providing technical guidance
2and a model plan for testing potable sources of water for lead contamination.
AB797-AA2,1h 3Section 1h. 115.28 (66) to (68) of the statutes are created to read:
AB797-AA2,3,94 115.28 (66) Lead contamination guidance document and testing protocol. No
5later than 7 days after the effective date of this subsection .... [LRB inserts date], post
6on the department's Internet site a copy of the guidance document and testing
7protocol published by the federal environmental protection agency under 42 USC
8300j-24
(b). This subsection does not apply after the state superintendent posts the
9information required under sub. (67).
AB797-AA2,3,14 10(67) Technical guidance and model plan for testing potable water. No later
11than 7 days after the department receives the notice under 2019 Wisconsin Act ....
12(this act), section 2m (2), post on the department's Internet site a copy of the
13document created under s. 254.15 (7) providing technical guidance and a model plan
14for testing potable sources of water for lead contamination.
AB797-AA2,3,23 15(68) Federal funding for lead testing and remediation. In consultation with
16the department of health services and the department of natural resources, seek
17federal funding to assist school boards, operators of charter schools under s. 118.40
18(2r) and (2x), and governing bodies of private schools participating in programs
19under ss. 115.7915, 118.60, and 119.23 to pay for the costs of complying with the
20testing and remediation requirements under s. 118.07 (6). The state superintendent
21shall ensure that any funding obtained for this purpose is distributed equitably
22among those school boards, operators, and governing bodies that are eligible for that
23funding.
AB797-AA2,1i 24Section 1i. 118.07 (6) of the statutes is created to read:
AB797-AA2,3,2525 118.07 (6) (a) In this subsection:
AB797-AA2,4,3
11. “Drinking water source” means a water faucet, drinking fountain, ice maker,
2or other water outlet that dispenses potable water that is used for drinking or food
3preparation.
AB797-AA2,4,44 2. “Governing body” means any of the following:
AB797-AA2,4,65 a. For a public school other than a charter school under s. 118.40 (2r) or (2x),
6the school board of the school district in which the school is located.
AB797-AA2,4,87 b. For a child care program established under s. 120.13 (14), the school board
8that established the child care program.
AB797-AA2,4,109 c. For a charter school under s. 118.40 (2r) or (2x), the operator of the charter
10school.
AB797-AA2,4,1211 d. For a private school participating in a program under s. 115.7915, 118.60,
12or 119.23, the governing body of the private school.
AB797-AA2,4,1513 3. “Lead contamination” means a concentration of lead that is greater than the
14federal action level for lead established pursuant to the Safe Drinking Water Act, 42
15USC 300f
et seq.
AB797-AA2,4,1816 4. “School” means a public school, including a charter school; a child care
17program established under s. 120.13 (14); or a private school participating in a
18program under s. 115.7915, 118.60, or 119.23.
AB797-AA2,4,2519 (b) Except as provided under pars. (g) and (h), the governing body of a school
20shall, at least once every 5 years, test all drinking water sources at the school for lead
21contamination. The governing body shall conduct a test under this paragraph in
22accordance with the guidance posted on the department's Internet site under s.
23115.28 (66) or (67) at the time the test is conducted. The governing body shall submit
24the test sample for processing to the laboratory of hygiene or a certified laboratory,
25as defined in s. 299.11 (1) (b).
AB797-AA2,5,8
1(c) The governing body of a school shall identify all water sources at the school
2and, for each water source, determine whether it dispenses potable or nonpotable
3water. For each water source that dispenses potable water, the governing body shall
4determine whether the water source is a drinking water source under this
5subsection. For a potable water source the governing body determines is not a
6drinking water source under this subsection, the governing body shall, if the water
7source is accessible to pupils, clearly identify the water source with an appropriate
8sign identifying the water as not for drinking.
AB797-AA2,5,109 (d) The governing body of a school shall, no later than 30 days after receiving
10the results of a test conducted under par. (b), do all of the following:
AB797-AA2,5,1311 1. Post the results on the governing body's Internet site or, if the governing body
12does not have an Internet site, make the results available to the public for
13examination on request.
AB797-AA2,5,1414 2. Provide the results to the department.
AB797-AA2,5,1715 (e) If the results of a test of a drinking water source at a school conducted under
16par. (b) show lead contamination, the governing body of the school shall do all of the
17following:
AB797-AA2,5,2018 1. Immediately disconnect, shut off, or otherwise eliminate all access to water
19from the drinking water source and, if necessary, provide an alternative drinking
20water supply.
AB797-AA2,5,2321 2. No later than 6 months after receiving the results that show lead
22contamination, develop and submit a plan to the department for remediating the
23lead contamination.
AB797-AA2,6,224 3. No later than 30 days after submitting a remediation plan under subd. 2.,
25post the plan on the governing body's Internet site or, if the governing body does not

1have an Internet site, make the plan available to the public for examination on
2request.
AB797-AA2,6,53 (f) The governing body of a school may reconnect, turn on, and otherwise restore
4access to water from a drinking water source described under par. (e) 1. if the
5governing body does all of the following:
AB797-AA2,6,76 1. Remediates the lead contamination in the drinking water source in
7accordance with the remediation plan developed under par. (e) 2.
AB797-AA2,6,98 2. Conducts a test of the drinking water source in accordance with the
9requirements under par. (b).
AB797-AA2,6,1110 3. Submits the test sample from the test described under subd. 2. for processing
11in accordance with the requirements under par. (b).
AB797-AA2,6,1312 4. Receives test results for the test sample described under subd. 3. that show
13no lead contamination.
AB797-AA2,6,1614 5. No later than 30 days after receiving the test results described under subd.
154., posts the results as provided under par. (d) 1. and provides the results to the
16department.
AB797-AA2,6,2017 (g) If the governing body of a school conducts 2 consecutive tests under par. (b)
18or (f) of a drinking water source at the school and the test results show lead levels
19not higher than 5 parts per billion, the governing body is not required to conduct any
20additional tests under par. (b) of that drinking water source.
AB797-AA2,6,2321 (h) The requirements under this subsection do not apply to a school building
22in which pupils are not regularly present and that is not used to prepare food or
23provide water for pupil consumption.
AB797-AA2,1j 24Section 1j. 121.91 (3) (a) 3. of the statutes is created to read:
AB797-AA2,7,3
1121.91 (3) (a) 3. If the school board of a school district receives results for a test
2conducted under s. 118.07 (6) (b) that show the presence of lead in drinking water at
3a school in the school district, all of the following apply:
AB797-AA2,7,84 a. The school board may call a special referendum under subd. 1. only to submit
5to the electors of the school district for approval or rejection a resolution supporting
6inclusion in the final school district budget of an amount equal to the proposed excess
7revenue attributable to costs of lead remediation conducted to reduce or eliminate
8the presence of lead in drinking water at schools in the school district.
AB797-AA2,7,119 b. Notwithstanding subd. 1. and s. 67.05 (6a) (a) 2. a., a school board may
10proceed under this subdivision, under subd. 1., and under s. 67.05 (6a) (a) 2. a. no
11more than 3 times in any calendar year.
AB797-AA2,1k 12Section 1k. 254.15 (7) of the statutes is created to read:
AB797-AA2,7,2113 254.15 (7) (a) After consultation with the department of agriculture, trade and
14consumer protection, the department of children and families, the department of
15natural resources, the department of public instruction, and the department of
16safety and professional services, create a document providing technical guidance on
17and a model plan for schools, child care providers under ch. 48, child care centers
18under ch. 48, group homes under ch. 48, and recreational and educational camps
19under ch. 97 for testing potable sources of water for lead contamination, remediating
20lead contamination in potable sources of water, and disseminating information on
21results of tests of potable sources of water.
AB797-AA2,7,2322 (b) In developing the technical guidance and model plan under this subsection,
23do all of the following:
AB797-AA2,7,2424 1. Consult with stakeholders and interested parties.
AB797-AA2,7,2525 2. Conduct a public hearing relating to the technical guidance and model plan.
AB797-AA2,8,2
13. Accept from any person written comments relating to the technical guidance
2and model plan.
AB797-AA2,8,43 (c) Create the document providing technical guidance and a model plan under
4this subsection by July 1, 2023.”.
AB797-AA2,8,5 53. Page 2, line 15: after that line insert:
AB797-AA2,8,6 6 Section 2m. Nonstatutory provisions.
AB797-AA2,8,77 (1) (a) In this subsection:
AB797-AA2,8,88 1. “Drinking water source” has the meaning given in s. 118.07 (6) (a) 1.
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