Under the bill, if a test shows lead contamination, the applicant must take one
of two courses of action, both of which require the applicant to immediately eliminate
all access to water from the contaminated drinking water source. Under the first
option, the applicant must make a plan to remediate the lead contamination and
provide potable water in the interim. The applicant must provide the plan and proof
of the applicant's compliance with these requirements to the licensing or certification
authority. If the applicant submits with a subsequent application a test result
showing no lead contamination in a drinking water source, the applicant is exempt
from testing and reporting requirements with respect to that source. If the applicant
submits a test result showing no lead contamination in a drinking water source
before a subsequent application is due, the applicant is exempt from further
requirements under this first option but must submit one more test showing no lead
contamination at the time the next application is due. If the applicant submits a test
result showing lead levels not higher than 5 parts per billion in a drinking water
source before a subsequent application is due, the applicant is exempt from all
further testing requirements.
Under the second option, the applicant must make a plan for providing on a
permanent basis an adequate supply of potable water from external sources and
ensuring that children served on the premises do not consume water from
contaminated drinking water sources. This option also requires the applicant to
provide the plan and proof of the applicant's compliance with these requirements to
the licensing or certification authority, but no further testing is necessary. The bill
authorizes an applicant who has previously complied with this option, when it
submits a subsequent application, to switch to the first option or to submit a new test

result showing each drinking water source to have no lead contamination, in which
case the applicant is exempt from all testing and reporting requirements.
Under the bill, a child care provider applying for Wisconsin Shares certification
may, as an alternative to the testing requirement, conduct a plumbing assessment
and submit documentation of the assessment with its application. Under the bill, a
plumbing assessment is an assessment completed by a licensed plumber,
environmental consultant, certified lead risk assessor, or certified lead hazard
investigator that includes, at a minimum, a determination of the year in which the
building was built, a review of any available utility records for the presence of a full
or partial lead service line, and an inspection of interior plumbing for the presence
in the building's plumbing of leaded or galvanized steel pipes or any fixtures, fittings,
faucets, or valves made with alloys that contain lead, such as leaded brass (presence
of lead). If a plumbing assessment shows the presence of lead, the applicant must
choose one of the two courses of action required after a test shows lead
contamination. If a plumbing assessment shows no presence of lead, the applicant
is exempt from further testing and reporting requirements.
The bill specifies that remediation may include affixing a point-of-source or
point-of-entry filter to a drinking water source and testing may be conducted with
such a filter affixed. The bill also specifies that remediation may include
permanently disconnecting, shutting off, or otherwise eliminating access to water
from a drinking water source if another drinking water source on the premises is not
contaminated or will be remediated, and that after proof of such remediation is
submitted to the licensing or certifying authority, the applicant is exempt from
further testing requirements with respect to that drinking water source.
The bill requires DCF and DATCP, in consultation with the Department of
Health Services and the Department of Natural Resources, to seek federal funding
to assist, respectively, child care providers and operators of child care centers, group
homes, and recreational and educational camps in paying for the costs of complying
with the testing and remediation requirements, and to ensure that any funding
obtained for this purpose is distributed equitably among those eligible entities.
This bill allows the Board of Commissioners of Public Lands to use school trust
funds to issue loans to municipalities for the purpose of remediating lead
contamination in a building used for child care, as a group home for children, or as
a recreational or educational camp for children.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB424-SSA1,1 1Section 1 . 24.61 (3) (a) 2. of the statutes is amended to read:
SB424-SSA1,4,22 24.61 (3) (a) 2. A town, village, city or county as provided under s. 67.04 or
3otherwise authorized by law, or to remediate lead contamination in a building used

1for child care, as a group home for children, or as a recreational or educational camp
2for children by an entity with which the town, village, city, or county has contracted
.
SB424-SSA1,2 3Section 2. 48.651 (1d) (am) of the statutes is created to read:
SB424-SSA1,4,64 48.651 (1d) (am) In establishing the requirements for certification of a child
5care provider under par. (a), the department shall include a requirement that all
6child care providers certified under s. 48.651 comply with s. 48.675.
SB424-SSA1,3 7Section 3. 48.67 (6) of the statutes is created to read:
SB424-SSA1,4,98 48.67 (6) That all child care centers licensed under s. 48.65 and all group homes
9licensed under s. 48.625 comply with s. 48.675.
SB424-SSA1,4 10Section 4. 48.675 of the statutes is created to read:
SB424-SSA1,4,11 1148.675 Testing for lead in drinking water. (1) Definitions. In this section:
SB424-SSA1,4,1412 (a) “Drinking water source” means a water faucet, drinking fountain, ice
13maker, or other water outlet that dispenses potable water that is used for drinking
14or food preparation.
SB424-SSA1,4,1715 (b) “Lead contamination” means a concentration of lead that is greater than the
16federal action level established under the Safe Drinking Water Act, 42 USC 300f et
17seq.
SB424-SSA1,4,2018 (c) “Presence of lead” means the presence in a building's plumbing of leaded or
19galvanized steel pipes or any fixtures, fittings, faucets, or valves made with alloys
20that contain lead, such as leaded brass.
SB424-SSA1,5,6 21(2) Testing required. (a) Except as provided under subs. (3) (b) 4., (4) (b), (5),
22and (6), each applicant for an initial or continued license to operate a group home
23under s. 48.625 or a child care center under s. 48.65 or for an initial or renewed
24certification under s. 48.651 shall, no sooner than 6 months prior to submitting the
25application, test the water from every drinking water source used or to be used by

1children in the building used or to be used for child care or as a group home to monitor
2for lead contamination. A test under this subsection may be completed with a
3point-of-source or point-of-entry filter affixed to the drinking water source. The
4applicant shall submit the test results to the appropriate licensing or certifying
5authority along with the application. This section does not apply to child care
6programs under s. 120.13 (14).
SB424-SSA1,5,107 (b) A license or certification applicant shall ensure that the testing required
8under sub. (2) is done by the State Laboratory of Hygiene or a laboratory certified
9under ch. NR 149, Wis. Adm. Code, and that samples are collected in accordance with
10instructions provided by the laboratory that will do the testing.
SB424-SSA1,5,16 11(3) Procedures if lead contamination is found. If a test submitted under sub.
12(2) shows that there is lead contamination in a drinking water source or a plumbing
13assessment conducted under sub. (5) shows the presence of lead in plumbing at a
14building used or to be used for child care or as a group home, the applicant for an
15initial or continued license under s. 48.625 or 48.65 or for an initial or renewed
16certification under s. 48.651 shall do one of the following:
SB424-SSA1,5,1817 (a) Remediation. 1. Immediately after obtaining the test results, disconnect,
18shut off, or otherwise eliminate all access to water from the drinking water source.
SB424-SSA1,5,2219 2. Provide the building with an adequate supply of potable water or, for an
20applicant for an initial license under s. 48.625 or 48.65 or an initial certification
21under s. 48.651, prepare a plan to provide the building with an adequate supply of
22potable water if licensed or certified.
SB424-SSA1,5,2523 3. Submit along with its application the most recent test results under sub. (2)
24and other proof, such as photographs, receipts, or other applicable documentation,
25that it is compliant with subds. 1. and 2.
SB424-SSA1,6,3
14. Within 6 months after submitting the application, establish, submit to the
2licensing or certifying authority, and begin to carry out a plan for remediating the
3lead contamination.
SB424-SSA1,6,134 5. Between the date the license or certification is granted, continued, or
5renewed and the date on which the applicant submits an application for the
6subsequent license or certification period, the applicant may demonstrate to the
7appropriate licensing or certifying authority continued compliance with subds. 1. to
84. and submit more recent test results than the last results submitted under sub. (2).
9Except as provided under sub. (6), if a test result is submitted under this subdivision
10that shows no lead contamination in a drinking water source, this subsection no
11longer applies with respect to that drinking water source, but sub. (2) applies with
12respect to that drinking water source for an application submitted for the subsequent
13license or certification period.
SB424-SSA1,6,1614 (b) Substitution of water source. 1. Immediately after obtaining the test
15results, disconnect, shut off, or otherwise eliminate all access to water from the
16drinking water source.
SB424-SSA1,6,2117 2. Establish and carry out a plan for providing, on a permanent basis, an
18adequate supply of potable water from external sources, such as bottled water, and
19for ensuring that children served in the building do not consume water from
20contaminated drinking water sources. The plan shall include the estimated quantity
21of water needed to supply the building with all potable water needs.
SB424-SSA1,7,222 3. No later than 3 months after the first application is submitted after the test
23showing lead contamination, submit the plan established under subd. 2. and proof,
24such as photographs, receipts, or other applicable documentation, that the applicant

1is compliant with subds. 1. and 2. and will be during the license or certification
2period.
SB424-SSA1,7,113 4. Submit, along with any subsequent application submitted for a license or
4certification period after the one for which an application under subd. 3. is submitted,
5proof, such as photographs, receipts, or other applicable documentation, that the
6applicant has been compliant with the plan under subd. 2. and an updated plan
7under subd. 2. for the period for which the application is submitted. The updated
8plan shall indicate any changes made since the application was submitted for the
9preceding license or certification period. An applicant in compliance with this
10subdivision is not required to do further lead testing or to submit further lead test
11results after the test results are submitted under subd. 3.
SB424-SSA1,7,1312 5. If the applicant has previously complied with subds. 1. to 4., the applicant
13may do one of the following:
SB424-SSA1,7,1614 a. Indicate in a subsequent license or certification application an intent to
15instead comply with par. (a), in which case the applicant shall comply with par. (a)
16with respect to that application.
SB424-SSA1,7,1917 b. Submit along with a subsequent application a new test result under sub. (2)
18for each drinking water source showing no lead contamination, in which case the
19applicant is exempt from further compliance with this section.
SB424-SSA1,7,21 20(4) Methods of remediation. Remediation under sub. (3) (a) 4. may, among
21other methods, include any of the following:
SB424-SSA1,7,2322 (a) Affixing a point-of-source or point-of-entry filter onto the drinking water
23source.
SB424-SSA1,8,524 (b) Permanently disconnecting, shutting off, or otherwise eliminating access
25to water from a drinking water source if another drinking water source in the

1building is not contaminated or will be remediated. If a drinking water source is
2remediated under this paragraph, the applicant is exempt from further testing
3requirements under sub. (2) with respect to that drinking water source after proof
4of compliance with this paragraph, such as photographs, receipts, or other applicable
5documentation, is submitted to the licensing or certifying authority.
SB424-SSA1,8,11 6(5) Plumbing assessment for child care providers. As an alternative to lead
7testing under sub. (2), a person applying for an initial or renewed certification under
8s. 48.651 who has not already submitted testing under sub. (2) may instead have a
9plumbing assessment completed on the plumbing connected to all drinking water
10sources in the building. All of the following apply to a plumbing assessment under
11this subsection:
SB424-SSA1,8,1712 (a) A plumbing assessment is an assessment completed by a licensed plumber,
13environmental consultant, certified lead risk assessor, or certified lead hazard
14investigator that includes, at a minimum, a determination of the year in which the
15building was built, a review of any available utility records for the presence of a full
16or partial lead service line, and an inspection of interior plumbing for the presence
17of lead.
SB424-SSA1,8,2118 (b) If the applicant chooses to proceed under this subsection, the applicant shall
19submit with the application documentation that is dated and signed by the person
20who completed the plumbing assessment that indicates, at a minimum, whether the
21plumbing assessment revealed the presence of lead.
SB424-SSA1,8,2322 (c) If a plumbing assessment shows the presence of lead, the applicant shall
23choose an action to take under sub. (3).
SB424-SSA1,8,2524 (d) If a plumbing assessment shows no presence of lead, the applicant is exempt
25from further compliance with this section.
SB424-SSA1,9,6
1(6) Low lead level. The testing and application requirements under this
2section do not apply to an applicant for a continued license under s. 48.625 or 48.65
3or a renewed certification under s. 48.651 if the last drinking water test results the
4applicant submitted under sub. (2) along with an application for an initial,
5continued, or renewed license or certification or before an application is due as
6provided under sub. (3) (a) 5. showed lead levels not higher than 5 parts per billion.
SB424-SSA1,9,13 7(7) Federal funding. The department shall, in consultation with the
8department of health services and the department of natural resources, seek federal
9funding to assist child care providers and operators of child care centers and group
10homes in paying for the costs of complying with the testing and remediation
11requirements under this section. The department shall ensure that any funding
12obtained for this purpose is distributed equitably among those eligible child care
13providers and operators of child care centers and group homes.
SB424-SSA1,5 14Section 5 . 97.67 (8) of the statutes is created to read:
SB424-SSA1,9,1515 97.67 (8) (a) Definitions. In this subsection:
SB424-SSA1,9,1816 1. “Drinking water source” means a water faucet, drinking fountain, ice maker,
17or other water outlet that dispenses potable water that is used for drinking or food
18preparation.
SB424-SSA1,9,2119 2. “Lead contamination” means a concentration of lead that is greater than the
20federal action level established under the Safe Drinking Water Act, 42 USC 300f et
21seq.
SB424-SSA1,9,2522 (b) Testing requirement. 1. Except as provided under pars. (c) 2. d., (d) 2., and
23(e), each applicant for an initial or renewed license to operate a recreational or
24educational camp under this section shall, no sooner than 6 months prior to
25submitting the application, test the water from every drinking water source used or

1to be used by children that supplies facilities used or to be used as the camp to
2monitor for lead contamination. A test under this subsection may be completed with
3a point-of-source or point-of-entry filter affixed to the drinking water source. The
4applicant shall submit the test results to the appropriate licensing authority along
5with the application. This subsection does not apply to child care programs under
6s. 120.13 (14).
SB424-SSA1,10,107 2. A license applicant shall ensure that the testing required under subd. 1. is
8done by the State Laboratory of Hygiene or a laboratory certified under ch. NR 149,
9Wis. Adm. Code, and that samples are collected in accordance with instructions
10provided by the laboratory that will do the testing.
SB424-SSA1,10,1411 (c) Procedures if lead contamination is found. If a test submitted under par. (b)
12shows that there is lead contamination in a drinking water source that supplies
13facilities used or to be used as a recreational or educational camp, the applicant for
14an initial or renewed license under this section shall do one of the following:
SB424-SSA1,10,1615 1. `Remediation.' a. Immediately after obtaining the test results, disconnect,
16shut off, or otherwise eliminate all access to water from the drinking water source.
SB424-SSA1,10,1917 b. Provide the facility with an adequate supply of potable water or, for an
18applicant for an initial license under this section, prepare a plan to provide the
19facility with an adequate supply of potable water if licensed or certified.
SB424-SSA1,10,2220 c. Submit along with its application the most recent test results under par. (b)
21and other proof, such as photographs, receipts, or other applicable documentation,
22that it is compliant with subd. 1. a. and b.
SB424-SSA1,10,2523 d. Within 6 months after submitting the application, establish, submit to the
24licensing or certifying authority, and begin to carry out a plan for remediating the
25lead contamination.
SB424-SSA1,11,10
1e. Between the date the license or certification is granted, continued, or
2renewed and the date on which the applicant submits an application for the
3subsequent license or certification period, the applicant may demonstrate to the
4appropriate licensing or certifying authority continued compliance with subd. 1. a.
5to d. and submit more recent test results than the last results submitted under par.
6(b). Except as provided under par. (e), if a test result is submitted under this subd.
71. e. that shows no lead contamination in a drinking water source, this subsection
8no longer applies with respect to that drinking water source, but par. (b) applies with
9respect to that drinking water source for an application submitted for the subsequent
10license or certification period.
SB424-SSA1,11,1311 2. `Substitution of water source.' a. Immediately after obtaining the test
12results, disconnect, shut off, or otherwise eliminate all access to water from the
13drinking water source.
SB424-SSA1,11,1814 b. Establish and carry out a plan for providing, on a permanent basis, an
15adequate supply of potable water from external sources, such as bottled water, and
16for ensuring that children served on the premises do not consume water from
17contaminated drinking water sources. The plan shall include the estimated quantity
18of water needed to supply the facility with all potable water needs.
SB424-SSA1,11,2319 c. No later than 3 months after the first application is submitted after the test
20showing lead contamination, submit the plan established under subd. 2. b. and proof,
21such as photographs, receipts, or other applicable documentation, that the applicant
22is compliant with subd. 2. a. and b. and will be during the license or certification
23period.
SB424-SSA1,12,724 d. Submit, along with any subsequent application submitted for a license or
25certification period after the one for which an application under subd. 2. c. is

1submitted, proof, such as photographs, receipts, or other applicable documentation,
2that the applicant has been compliant with the plan under subd. 2. b. and an updated
3plan under subd. 2. b. for the period for which the application is submitted. The
4updated plan shall indicate any changes made since the application was submitted
5for the preceding license or certification period. An applicant in compliance with this
6subd. 2. d. is not required to do further lead testing or to submit further lead test
7results after the test results are submitted under subd. 2. c.
SB424-SSA1,12,148 e. If the applicant has previously complied with subd. 2. a. to d., the applicant
9may either indicate in a subsequent license or certification application an intent to
10instead comply with subd. 1., in which case the applicant shall comply with subd. 1.
11with respect to that application; or submit along with a subsequent application a new
12test result under par. (b) for each drinking water source showing no lead
13contamination, in which case the applicant is exempt from further compliance with
14this section.
SB424-SSA1,12,1615 (d) Methods of remediation. Remediation under par. (c) 1. d. may, among other
16methods, include any of the following:
SB424-SSA1,12,1817 1. Affixing a point-of-source or point-of-entry filter onto the drinking water
18source.
SB424-SSA1,12,2519 2. Permanently disconnecting, shutting off, or otherwise eliminating access to
20water from a drinking water source if another drinking water source on the premises
21is not contaminated or will be remediated. If a drinking water source is remediated
22under this paragraph, the applicant is exempt from further testing requirements
23under par. (b) with respect to that drinking water source after proof of compliance
24with this paragraph, such as photographs, receipts, or other applicable
25documentation, is submitted to the licensing or certifying authority.
SB424-SSA1,13,6
1(e) Low lead level. The testing and application requirements under this
2subsection do not apply to an applicant for a renewed license to operate a recreational
3or educational camp under this section if the last drinking water test results the
4applicant submitted under par. (b) along with an application for an initial or renewed
5license or before an application is due as provided under par. (c) 1. e. showed lead
6levels not higher than 5 parts per billion.
SB424-SSA1,13,137 (f) Federal funding. The department shall, in consultation with the
8department of health services and the department of natural resources, seek federal
9funding to assist operators of recreational or educational camps in paying for the
10costs of complying with the testing and remediation requirements under this section.
11The department shall ensure that any funding obtained for this purpose is
12distributed equitably among those eligible operators of recreational or educational
13camps.
SB424-SSA1,6 14Section 6 . Initial applicability.
SB424-SSA1,13,1915 (1) This act first applies to an application for an initial, continued, or renewed
16license to operate a group home under s. 48.625, a recreational or educational camp
17under s. 97.67, or a child care center under s. 48.65 or for an initial or renewed
18certification under s. 48.651 submitted on the first day of the 7th month beginning
19after publication.
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