Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB1172 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 1172
5	5	March 22, 2024 - Introduced by Representatives MURSAU, NOVAK, BALDEH, BEHNKE,
6	6	MELOTIK and O'CONNOR, cosponsored by Senators COWLES and WANGGAARD.
7	7	Referred to Committee on Education.
8	8	AN ACT to create 20.255 (2) (ef) and 118.073 of the statutes; relating to:
9	9	providing safe drinking water in public and private schools.
10	10	Analysis by the Legislative Reference Bureau
11	11	By no later than approximately 15 months after the date this bill becomes law,
12	12	the governing body of each public and private school in this state must develop a
13	13	drinking water management plan for the private or public school. Under the bill,
14	14	each drinking water management plan must 1) specify the locations of filtered
15	15	bottle-filling stations and filtered faucets maintained to deliver water for human
16	16	consumption, of water outlets maintained for purposes other than for human
17	17	consumption, and of water outlets that are shut off or permanently inoperable; 2)
18	18	provide at least one filtered bottle-filling station for every 100 occupants of the
19	19	school; 3) provide for the installation of a filtered faucet only when the installation
20	20	of a filtered bottle-filling station is not feasible and a water outlet for human
21	21	consumption is necessary; and 4) provide a schedule for water sampling and testing
22	22	at each filtered bottle-filling station and filtered faucet in the school for lead,
23	23	perfluorooctanoic acid (PFOA), and perfluorooctane sulfonate (PFOS) and a
24	24	schedule for replacing filter cartridges used in filtered bottle-filling stations and
25	25	filtered faucets.
26	26	Under the bill, if water testing under a drinking water management plan
27	27	indicates lead at a concentration between one part per billion and five parts per
28	28	billion, the governing body of a public or private school must take certain actions,
29	29	including checking water filters, ensuring that the filtered bottle-filling station or
30	30	faucet is properly installed, and retesting the filtered water. If water testing under
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34	34	ASSEMBLY BILL 1172
35	35	a drinking water management plan indicates lead at a concentration that is more
36	36	than five parts per billion or the presence of PFOA or PFOS at a level that exceeds
37	37	a state or federal standard, the governing body of a public or private school must
38	38	immediately shut off the water outlet, post a sign stating that the water outlet is shut
39	39	off due to the high concentration of lead, PFOA, or PFOS, whichever applies, replace
40	40	the water filters, and retest the water. If the subsequent water testing continues to
41	41	indicate lead, PFOA, or PFOS that exceeds the relevant threshold, the governing
42	42	body of the public or private school must 1) within 30 days, send a copy of the test
43	43	results and information provided by the Department of Natural Resources about
44	44	childhood exposure to lead or PFOA and PFOS, whichever is applicable, to parents
45	45	and guardians of pupils who attend the school and to the Department of Public
46	46	Instruction and 2) develop a remediation plan in consultation with DPI. Under the
47	47	bill, all water testing must be conducted at a laboratory certified for lead and copper
48	48	testing using the method approved by the federal environmental protection agency.
49	49	By August 1, 2025, the bill requires the governing body of each public and
50	50	private school to install filtered bottle-filling stations and filtered faucets in
51	51	accordance with the school's drinking water management plan, and to shut off all
52	52	water outlets that provide water for human consumption that are not filtered
53	53	bottle-filling stations or filtered faucets. Beginning approximately 15 months after
54	54	the bill becomes law, the bill prohibits the installation of a drinking fountain that is
55	55	not a filtered bottle-filling station in a public or private school.
56	56	The bill requires DPI to assist governing bodies of public and private schools to
57	57	comply with the requirements created in the bill. Specifically, the bill requires DPI
58	58	to develop a drinking water management plan template, to make annual training
59	59	available related to water sampling and testing protocols and other activities
60	60	relevant to complying with the requirements created in the bill, and to provide
61	61	various information related to filtered bottle-filling stations, filtered faucets, and
62	62	filter cartridges. Finally, the bill authorizes DPI to award grants to governing bodies
63	63	of public and private schools to assist with the costs of complying with the
64	64	requirements in the bill. The bill does not provide funding for these grants but does
65	65	require DPI to submit a request for supplemental funding to the Joint Committee on
66	66	Finance.
67	67	For further information see the state and local fiscal estimate, which will be
68	68	printed as an appendix to this bill.
69	69	The people of the state of Wisconsin, represented in senate and assembly, do
70	70	enact as follows:
71	71	SECTION 1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
72	72	the following amounts for the purposes indicated:
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77	77	SECTION 1
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79	79	2023-24 2024-25
80	80	20.255Public instruction, department of
81	81	(2) AIDS FOR LOCAL EDUCATIONAL PROGRAMMING
82	82	(ef)Safe drinking water; grants GPR A -0- -0-
83	83	SECTION 2. 20.255 (2) (ef) of the statutes is created to read:
84	84	20.255 (2) (ef) Safe drinking water; grants. The amounts in the schedule for
85	85	grants awarded to school boards, governing boards, and governing bodies under s.
86	86	118.073 (6).
87	87	SECTION 3. 118.073 of the statutes is created to read:
88	88	118.073 Safe drinking water. (1) In this section:
89	89	(a) “Bubbler fixture" means a fixture on a drinking fountain through which
90	90	water is forced up in a small arc from a nozzle that allows an individual to drink from
91	91	the arc directly.
92	92	(b) “Drinking fountain" means a plumbing fixture that is connected to the
93	93	potable water distribution system and drainage system that allows a user to obtain
94	94	a drink directly from a stream of flowing water without the use of any accessory.
95	95	(c) “Filtered bottle-filling station" means an apparatus that meets all of the
96	96	following requirements:
97	97	1. The apparatus is connected to customer site piping.
98	98	2. The apparatus filters water and is certified to meet NSF/ANSI standard 53
99	99	for lead reduction and perfluorooctanoic acid and perfluorooctane sulfonate
100	100	reduction and NSF/ANSI standard 42 for particulate removal.
101	101	3. The flow rate through the apparatus is paired to the specified flow rate of the
102	102	filter cartridge.
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127	127	SECTION 3 ASSEMBLY BILL 1172
128	128	4. The apparatus has a light or other device to indicate filter cartridge
129	129	replacement status.
130	130	5. The apparatus is designed to fill drinking bottles or other containers for
131	131	personal water consumption.
132	132	6. The apparatus includes a drinking fountain.
133	133	(d) “Filtered faucet" means a faucet that at the point of use includes a filter that
134	134	is certified to meet NSF/ANSI standard 53 for lead reduction and perfluorooctanoic
135	135	acid and perfluorooctane sulfonate reduction and NSF/ANSI standard 42 for
136	136	particulate removal.
137	137	(e) “School” means a public school, including a charter school, or private school.
138	138	(2) (a) By no later than the first day of the 16th month after the effective date
139	139	of this paragraph .... [LRB inserts date], the school board, governing board, or
140	140	governing body that governs a school shall develop for the school a drinking water
141	141	management plan, and make the plan available to the department, school staff,
142	142	parents and guardians of pupils attending the school, and the general public, upon
143	143	request. The school board, governing board, or governing body that governs the
144	144	school shall ensure that a plan developed under this paragraph does all of the
145	145	following:
146	146	1. Specifies the location where a filtered bottle-filling station or filtered faucet
147	147	will be maintained to deliver water for human consumption, whether as drinking
148	148	water or as a component of a food or beverage.
149	149	2. Specifies the location where a water outlet will be maintained for purposes
150	150	other than human consumption.
151	151	3. Specifies the location where a water outlet will be shut off or rendered
152	152	permanently inoperable.
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180	180	SECTION 3
181	181	ASSEMBLY BILL 1172
182	182	4. Provides for the maintenance of at least one filtered bottle-filling station for
183	183	every 100 occupants of the school, not including visitors or individuals attending
184	184	special events.
185	185	5. Provides for the installation of filtered faucets only when the installation of
186	186	a filtered bottle-filling station is not feasible but a water outlet for human
187	187	consumption is necessary, including in kitchens, nurses' stations, and teachers'
188	188	lounges.
189	189	6. Provides a schedule for when each of the following will occur:
190	190	a. Water sampling and testing of the filtered water at each filtered bottle-filling
191	191	station and filtered faucet in the school to ensure that the filters are properly
192	192	installed and provide water with a lead concentration of not more than 5 parts per
193	193	billion and that does not contain perfluorooctanoic acid or perfluorooctane sulfonate
194	194	at a level that exceeds a state or federal standard.
195	195	b. The regular replacement of the filter cartridge for each filtered bottle-filling
196	196	station and filtered faucet in compliance with the manufacturer instructions or
197	197	recommendations of the department.
198	198	(b) The school board, governing board, or governing body that governs a school
199	199	shall review and update a plan developed under par. (a) at least once every 5 years
200	200	and make changes as directed by the department or as needed to comply with this
201	201	section.
202	202	(c) The school board, governing board, or governing body that governs a school
203	203	shall comply with the schedules provide in the plan developed under par. (a) for the
204	204	school.
205	205	(d) If the water sampling and testing required to be included in a school's plan
206	206	under par. (a) 6. a. indicates the presence of lead at a concentration of one part per
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233	233	SECTION 3 ASSEMBLY BILL 1172
234	234	billion or more but not more than 5 parts per billion, the school board, governing
235	235	board, or governing body that governs the school shall do all of the following:
236	236	1. Immediately check the status of the filter at the filtered bottle-filling station
237	237	or filtered faucet and replace the filter cartridge if the status light or other device
238	238	indicates that replacement is or will soon be required.
239	239	2. Ensure the filtered bottle-filling station or filtered faucet is properly
240	240	installed.
241	241	3. Resample and retest the filtered water.
242	242	4. If water sampling and testing under subd. 3. indicates the presence of lead
243	243	at a concentration of one part per billion or more but not more than 5 parts per billion,
244	244	do all of the following:
245	245	a. Submit a copy of the test results and a document that lists the make and
246	246	model of the filtered bottle-filling station or filtered faucet and filter cartridge to the
247	247	department.
248	248	b. Consult with the department and filtered bottle-filling station or filtered
249	249	faucet manufacturer.
250	250	(e) If water sampling and testing required to be incorporated into a school's plan
251	251	under par. (a) 6. a. indicates the presence of lead at a concentration of more than 5
252	252	parts per billion or the presence of perfluorooctanoic acid or perfluorooctane
253	253	sulfonate at a level that exceeds a state or federal standard, the school board,
254	254	governing board, or governing body that governs the school shall do all of the
255	255	following:
256	256	1. Immediately shut off or otherwise render inoperable the water outlet.
257	257	2. Post a conspicuous sign near the water outlet stating that the water outlet
258	258	is inoperable because of high lead concentration or a high level of perfluorooctanoic
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287	287	ASSEMBLY BILL 1172
288	288	acid or perfluorooctane sulfonate, whichever is applicable, and maintain the sign
289	289	until the water outlet is returned to service under subd. 5.
290	290	3. Replace the filter cartridge in the filtered bottle-filling station or filtered
291	291	faucet.
292	292	4. Resample and retest the water.
293	293	5. If water sampling and testing under subd. 4. indicates the presence of lead
294	294	at a concentration of one part per billion or more but not more than 5 parts per billion,
295	295	return the water outlet to service and comply with the requirements under par. (d)
296	296	2. to 4.
297	297	6. If water sampling and testing under subd. 4. indicates the presence of lead
298	298	at a concentration of more than 5 parts per billion or the presence of
299	299	perfluorooctanoic acid or perfluorooctane sulfonate at a level that exceeds a state or
300	300	federal standard, do all of the following:
301	301	a. Within 30 days after receiving the test results, send a copy of the test results
302	302	to the department and to the parent or guardian of each pupil attending the school.
303	303	The copy of the test results shall contain a notice that includes information provided
304	304	by the department of natural resources on the health effects of lead exposure and
305	305	ways to reduce childhood lead exposure or on the health effects of exposure to
306	306	perfluorooctanoic acid and perfluorooctane sulfonate and ways to reduce exposure
307	307	to childhood perfluorooctanoic acid and perfluorooctane sulfonate exposure.
308	308	b. Develop a remediation plan in consultation with the department and
309	309	incorporate the remediation plan into the plan under par. (a).
310	310	(f) 1. For purposes of water sampling and testing required under this
311	311	subsection, water shall be drawn from all of the bubbler fixtures of the filtered
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337	337	SECTION 3 ASSEMBLY BILL 1172
338	338	bottle-filling stations and filtered faucets and collected in 250 milliliter bottles after
339	339	at least an 8-hour stagnation period and before any water use occurs at the school.
340	340	2. The department shall collect all of the 250 milliliter bottles from a school and
341	341	deliver the bottles to the department of natural resources for water testing.
342	342	3. Water testing described under this subsection shall be conducted at a
343	343	laboratory certified for lead and copper testing using the method approved by the
344	344	federal environmental protection agency.
345	345	(3) (a) By August 1, 2025, each school board, governing board of a charter
346	346	school, and governing body of a private school shall do all of the following:
347	347	1. Install all filtered bottle-filling stations and filtered faucets as indicated in
348	348	a plan under sub. (2) (a) and not already in existence.
349	349	2. Shut off or render permanently inoperable any water outlet providing water
350	350	for human consumption that is not a filtered bottle-filling station or filtered faucet.
351	351	3. Post a conspicuous sign near each water outlet indicating whether or not the
352	352	outlet is intended to provide water for human consumption.
353	353	(b) By August 1, 2025, and annually thereafter, each school board, governing
354	354	board of a charter school, and governing body of a private school shall submit to the
355	355	department documentation, on a form and in a manner prescribed by the
356	356	department, that certifies that the school board, governing board, or governing body
357	357	has complied with the requirements of this section.
358	358	(4) Beginning on the first day of the 16th month after the effective date of this
359	359	subsection .... [LRB inserts date], no person may install a drinking fountain in a
360	360	school, unless the drinking fountain is a filtered bottle-filling station.
361	361	(5) The department shall provide assistance to school boards, governing boards
362	362	of charter schools, and governing bodies of private schools to maintain compliance
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390	390	SECTION 3
391	391	ASSEMBLY BILL 1172
392	392	with this section. By no later than the first day of the 7th month after the effective
393	393	date of this subsection .... [LRB inserts date], the department shall do all of the
394	394	following:
395	395	(a) Develop and make available a template for a plan under sub. (2) (a).
396	396	(b) Make available annual training for school staff and school officials
397	397	regarding the sampling and testing protocol, reporting process for test results, and
398	398	other activities relevant to compliance with this section.
399	399	(c) Provide information on all of the following:
400	400	1. Factors to consider when selecting filtered bottle-filling stations, filtered
401	401	faucets, and filter cartridges.
402	402	2. How to shut off or render permanently inoperable a water outlet in a school.
403	403	3. How to flush a building's cold water plumbing before installing new filtered
404	404	bottle-filling stations and filtered faucets.
405	405	4. Common installation and operation errors related to a filtered bottle-filling
406	406	station or filtered faucet and recommendations on how to avoid them.
407	407	(6) From the appropriation under s. 20.255 (2) (ef), the department may award
408	408	grants to school boards, governing boards of charter schools, and governing bodies
409	409	of private schools to assist with the costs of complying with this section, including for
410	410	the costs of any of the following:
411	411	(a) The onetime acquisition and installation of filtered bottle-filling stations
412	412	and filtered faucets to comply with a plan under sub. (2) (a).
413	413	(b) To maintain filtered bottle-filling stations and filtered faucets and
414	414	replacement of filter cartridges, as required under a plan under sub. (2) (a).
415	415	(c) Water sampling and testing required under this section.
416	416	SECTION 4.0Nonstatutory provisions.
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443	443	SECTION 4 ASSEMBLY BILL 1172
444	444	(1) The department of public instruction shall submit a request under s. 13.10
445	445	to the joint committee on finance to supplement the appropriation under s. 20.255
446	446	(2) (ef) for grants under s. 118.073.
447	447	(END)
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