Amendment AA2-AB797

AB797-AA2,6,5 (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:

AB797-AA2,6,7 1. Remediates the lead contamination in the drinking water source in accordance with the remediation plan developed under par. (e) 2.

AB797-AA2,6,9 2. Conducts a test of the drinking water source in accordance with the requirements under par. (b).

AB797-AA2,6,11 3. Submits the test sample from the test described under subd. 2. for processing in accordance with the requirements under par. (b).

AB797-AA2,6,13 4. Receives test results for the test sample described under subd. 3. that show no lead contamination.

AB797-AA2,6,16 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.

AB797-AA2,6,20 (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.

AB797-AA2,6,23 (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.

AB797-AA2,1j Section 1j. 121.91 (3) (a) 3. of the statutes is created to read:

AB797-AA2,7,3 121.91 (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:

AB797-AA2,7,8 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.

AB797-AA2,7,11 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.

AB797-AA2,1k Section 1k. 254.15 (7) of the statutes is created to read:

AB797-AA2,7,21 254.15 (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.

AB797-AA2,7,23 (b) In developing the technical guidance and model plan under this subsection, do all of the following:

AB797-AA2,7,24 1. Consult with stakeholders and interested parties.

AB797-AA2,7,25 2. Conduct a public hearing relating to the technical guidance and model plan.

AB797-AA2,8,2 3. Accept from any person written comments relating to the technical guidance and model plan.

AB797-AA2,8,4 (c) Create the document providing technical guidance and a model plan under this subsection by July 1, 2023.”.

AB797-AA2,8,5 3. Page 2, line 15: after that line insert:

AB797-AA2,8,6 “ Section 2m. Nonstatutory provisions.

AB797-AA2,8,7 (1) (a) In this subsection:

AB797-AA2,8,8 1. “Drinking water source” has the meaning given in s. 118.07 (6) (a) 1.

AB797-AA2,8,9 2. “Governing body” has the meaning given in s. 118.07 (6) (a) 2.

AB797-AA2,8,10 3. “Lead contamination” has the meaning given in s. 118.07 (6) (a) 3.

AB797-AA2,8,11 4. “School” has the meaning given in s. 118.07 (6) (a) 4.

AB797-AA2,8,13 (b) The governing body of a school shall conduct the first test required under s. 118.07 (6) (b) as follows:

AB797-AA2,8,15 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.

AB797-AA2,8,18 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.

AB797-AA2,8,21 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.

AB797-AA2,9,2 (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.

AB797-AA2,9,6 (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:

AB797-AA2,9,8 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.

AB797-AA2,9,10 2. No later than 3 months after the effective date of this subdivision, provide the test results to the department of public instruction.

AB797-AA2,9,14 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.

AB797-AA2,9,18 (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.

AB797-AA2,3m Section 3m. Effective dates. This act takes effect on the day after publication, except as follows:

AB797-AA2,9,22 (1) The treatment of s. 118.07 (6) and Section 2m (1) of this act take effect on July 1, 2020.”.

AB797-AA2,9,23 (End)