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2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 1172
March 22, 2024 - Introduced by Representatives MURSAU, NOVAK, BALDEH, BEHNKE,
MELOTIK and O'CONNOR, cosponsored by Senators COWLES and WANGGAARD.
Referred to Committee on Education.
AN ACT to create 20.255 (2) (ef) and 118.073 of the statutes; relating to:
providing safe drinking water in public and private schools.
Analysis by the Legislative Reference Bureau
By no later than approximately 15 months after the date this bill becomes law,
the governing body of each public and private school in this state must develop a
drinking water management plan for the private or public school. Under the bill,
each drinking water management plan must 1) specify the locations of filtered
bottle-filling stations and filtered faucets maintained to deliver water for human
consumption, of water outlets maintained for purposes other than for human
consumption, and of water outlets that are shut off or permanently inoperable; 2)
provide at least one filtered bottle-filling station for every 100 occupants of the
school; 3) provide for the installation of a filtered faucet only when the installation
of a filtered bottle-filling station is not feasible and a water outlet for human
consumption is necessary; and 4) provide a schedule for water sampling and testing
at each filtered bottle-filling station and filtered faucet in the school for lead,
perfluorooctanoic acid (PFOA), and perfluorooctane sulfonate (PFOS) and a
schedule for replacing filter cartridges used in filtered bottle-filling stations and
filtered faucets.
Under the bill, if water testing under a drinking water management plan
indicates lead at a concentration between one part per billion and five parts per
billion, the governing body of a public or private school must take certain actions,
including checking water filters, ensuring that the filtered bottle-filling station or
faucet is properly installed, and retesting the filtered water. If water testing under
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ASSEMBLY BILL 1172
a drinking water management plan indicates lead at a concentration that is more
than five parts per billion or the presence of PFOA or PFOS at a level that exceeds
a state or federal standard, the governing body of a public or private school must
immediately shut off the water outlet, post a sign stating that the water outlet is shut
off due to the high concentration of lead, PFOA, or PFOS, whichever applies, replace
the water filters, and retest the water. If the subsequent water testing continues to
indicate lead, PFOA, or PFOS that exceeds the relevant threshold, the governing
body of the public or private school must 1) within 30 days, send a copy of the test
results and information provided by the Department of Natural Resources about
childhood exposure to lead or PFOA and PFOS, whichever is applicable, to parents
and guardians of pupils who attend the school and to the Department of Public
Instruction and 2) develop a remediation plan in consultation with DPI. Under the
bill, all water testing must be conducted at a laboratory certified for lead and copper
testing using the method approved by the federal environmental protection agency.
By August 1, 2025, the bill requires the governing body of each public and
private school to install filtered bottle-filling stations and filtered faucets in
accordance with the school's drinking water management plan, and to shut off all
water outlets that provide water for human consumption that are not filtered
bottle-filling stations or filtered faucets. Beginning approximately 15 months after
the bill becomes law, the bill prohibits the installation of a drinking fountain that is
not a filtered bottle-filling station in a public or private school.
The bill requires DPI to assist governing bodies of public and private schools to
comply with the requirements created in the bill. Specifically, the bill requires DPI
to develop a drinking water management plan template, to make annual training
available related to water sampling and testing protocols and other activities
relevant to complying with the requirements created in the bill, and to provide
various information related to filtered bottle-filling stations, filtered faucets, and
filter cartridges. Finally, the bill authorizes DPI to award grants to governing bodies
of public and private schools to assist with the costs of complying with the
requirements in the bill. The bill does not provide funding for these grants but does
require DPI to submit a request for supplemental funding to the Joint Committee on
Finance.
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:
SECTION 1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
the following amounts for the purposes indicated:
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2023-24 2024-25
20.255Public instruction, department of
(2) AIDS FOR LOCAL EDUCATIONAL PROGRAMMING
(ef)Safe drinking water; grants GPR A -0- -0-
SECTION 2. 20.255 (2) (ef) of the statutes is created to read:
20.255 (2) (ef) Safe drinking water; grants. The amounts in the schedule for
grants awarded to school boards, governing boards, and governing bodies under s.
118.073 (6).
SECTION 3. 118.073 of the statutes is created to read:
118.073 Safe drinking water. (1) In this section:
(a) “Bubbler fixture" means a fixture on a drinking fountain through which
water is forced up in a small arc from a nozzle that allows an individual to drink from
the arc directly.
(b) “Drinking fountain" means a plumbing fixture that is connected to the
potable water distribution system and drainage system that allows a user to obtain
a drink directly from a stream of flowing water without the use of any accessory.
(c) “Filtered bottle-filling station" means an apparatus that meets all of the
following requirements:
1. The apparatus is connected to customer site piping.
2. The apparatus filters water and is certified to meet NSF/ANSI standard 53
for lead reduction and perfluorooctanoic acid and perfluorooctane sulfonate
reduction and NSF/ANSI standard 42 for particulate removal.
3. The flow rate through the apparatus is paired to the specified flow rate of the
filter cartridge.
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4. The apparatus has a light or other device to indicate filter cartridge
replacement status.
5. The apparatus is designed to fill drinking bottles or other containers for
personal water consumption.
6. The apparatus includes a drinking fountain.
(d) “Filtered faucet" means a faucet that at the point of use includes a filter that
is certified to meet NSF/ANSI standard 53 for lead reduction and perfluorooctanoic
acid and perfluorooctane sulfonate reduction and NSF/ANSI standard 42 for
particulate removal.
(e) “School” means a public school, including a charter school, or private school.
(2) (a) By no later than the first day of the 16th month after the effective date
of this paragraph .... [LRB inserts date], the school board, governing board, or
governing body that governs a school shall develop for the school a drinking water
management plan, and make the plan available to the department, school staff,
parents and guardians of pupils attending the school, and the general public, upon
request. The school board, governing board, or governing body that governs the
school shall ensure that a plan developed under this paragraph does all of the
following:
1. Specifies the location where a filtered bottle-filling station or filtered faucet
will be maintained to deliver water for human consumption, whether as drinking
water or as a component of a food or beverage.
2. Specifies the location where a water outlet will be maintained for purposes
other than human consumption.
3. Specifies the location where a water outlet will be shut off or rendered
permanently inoperable.
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4. Provides for the maintenance of at least one filtered bottle-filling station for
every 100 occupants of the school, not including visitors or individuals attending
special events.
5. Provides for the installation of filtered faucets only when the installation of
a filtered bottle-filling station is not feasible but a water outlet for human
consumption is necessary, including in kitchens, nurses' stations, and teachers'
lounges.
6. Provides a schedule for when each of the following will occur:
a. Water sampling and testing of the filtered water at each filtered bottle-filling
station and filtered faucet in the school to ensure that the filters are properly
installed and provide water with a lead concentration of not more than 5 parts per
billion and that does not contain perfluorooctanoic acid or perfluorooctane sulfonate
at a level that exceeds a state or federal standard.
b. The regular replacement of the filter cartridge for each filtered bottle-filling
station and filtered faucet in compliance with the manufacturer instructions or
recommendations of the department.
(b) The school board, governing board, or governing body that governs a school
shall review and update a plan developed under par. (a) at least once every 5 years
and make changes as directed by the department or as needed to comply with this
section.
(c) The school board, governing board, or governing body that governs a school
shall comply with the schedules provide in the plan developed under par. (a) for the
school.
(d) If the water sampling and testing required to be included in a school's plan
under par. (a) 6. a. indicates the presence of lead at a concentration of one part per
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billion or more but not more than 5 parts per billion, the school board, governing
board, or governing body that governs the school shall do all of the following:
1. Immediately check the status of the filter at the filtered bottle-filling station
or filtered faucet and replace the filter cartridge if the status light or other device
indicates that replacement is or will soon be required.
2. Ensure the filtered bottle-filling station or filtered faucet is properly
installed.
3. Resample and retest the filtered water.
4. If water sampling and testing under subd. 3. indicates the presence of lead
at a concentration of one part per billion or more but not more than 5 parts per billion,
do all of the following:
a. Submit a copy of the test results and a document that lists the make and
model of the filtered bottle-filling station or filtered faucet and filter cartridge to the
department.
b. Consult with the department and filtered bottle-filling station or filtered
faucet manufacturer.
(e) If water sampling and testing required to be incorporated into a school's plan
under par. (a) 6. a. indicates the presence of lead at a concentration of more than 5
parts per billion or the presence of perfluorooctanoic acid or perfluorooctane
sulfonate at a level that exceeds a state or federal standard, the school board,
governing board, or governing body that governs the school shall do all of the
following:
1. Immediately shut off or otherwise render inoperable the water outlet.
2. Post a conspicuous sign near the water outlet stating that the water outlet
is inoperable because of high lead concentration or a high level of perfluorooctanoic
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acid or perfluorooctane sulfonate, whichever is applicable, and maintain the sign
until the water outlet is returned to service under subd. 5.
3. Replace the filter cartridge in the filtered bottle-filling station or filtered
faucet.
4. Resample and retest the water.
5. If water sampling and testing under subd. 4. indicates the presence of lead
at a concentration of one part per billion or more but not more than 5 parts per billion,
return the water outlet to service and comply with the requirements under par. (d)
2. to 4.
6. If water sampling and testing under subd. 4. indicates the presence of lead
at a concentration of more than 5 parts per billion or the presence of
perfluorooctanoic acid or perfluorooctane sulfonate at a level that exceeds a state or
federal standard, do all of the following:
a. Within 30 days after receiving the test results, send a copy of the test results
to the department and to the parent or guardian of each pupil attending the school.
The copy of the test results shall contain a notice that includes information provided
by the department of natural resources on the health effects of lead exposure and
ways to reduce childhood lead exposure or on the health effects of exposure to
perfluorooctanoic acid and perfluorooctane sulfonate and ways to reduce exposure
to childhood perfluorooctanoic acid and perfluorooctane sulfonate exposure.
b. Develop a remediation plan in consultation with the department and
incorporate the remediation plan into the plan under par. (a).
(f) 1. For purposes of water sampling and testing required under this
subsection, water shall be drawn from all of the bubbler fixtures of the filtered
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bottle-filling stations and filtered faucets and collected in 250 milliliter bottles after
at least an 8-hour stagnation period and before any water use occurs at the school.
2. The department shall collect all of the 250 milliliter bottles from a school and
deliver the bottles to the department of natural resources for water testing.
3. Water testing described under this subsection shall be conducted at a
laboratory certified for lead and copper testing using the method approved by the
federal environmental protection agency.
(3) (a) By August 1, 2025, each school board, governing board of a charter
school, and governing body of a private school shall do all of the following:
1. Install all filtered bottle-filling stations and filtered faucets as indicated in
a plan under sub. (2) (a) and not already in existence.
2. Shut off or render permanently inoperable any water outlet providing water
for human consumption that is not a filtered bottle-filling station or filtered faucet.
3. Post a conspicuous sign near each water outlet indicating whether or not the
outlet is intended to provide water for human consumption.
(b) By August 1, 2025, and annually thereafter, each school board, governing
board of a charter school, and governing body of a private school shall submit to the
department documentation, on a form and in a manner prescribed by the
department, that certifies that the school board, governing board, or governing body
has complied with the requirements of this section.
(4) Beginning on the first day of the 16th month after the effective date of this
subsection .... [LRB inserts date], no person may install a drinking fountain in a
school, unless the drinking fountain is a filtered bottle-filling station.
(5) The department shall provide assistance to school boards, governing boards
of charter schools, and governing bodies of private schools to maintain compliance
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with this section. By no later than the first day of the 7th month after the effective
date of this subsection .... [LRB inserts date], the department shall do all of the
following:
(a) Develop and make available a template for a plan under sub. (2) (a).
(b) Make available annual training for school staff and school officials
regarding the sampling and testing protocol, reporting process for test results, and
other activities relevant to compliance with this section.
(c) Provide information on all of the following:
1. Factors to consider when selecting filtered bottle-filling stations, filtered
faucets, and filter cartridges.
2. How to shut off or render permanently inoperable a water outlet in a school.
3. How to flush a building's cold water plumbing before installing new filtered
bottle-filling stations and filtered faucets.
4. Common installation and operation errors related to a filtered bottle-filling
station or filtered faucet and recommendations on how to avoid them.
(6) From the appropriation under s. 20.255 (2) (ef), the department may award
grants to school boards, governing boards of charter schools, and governing bodies
of private schools to assist with the costs of complying with this section, including for
the costs of any of the following:
(a) The onetime acquisition and installation of filtered bottle-filling stations
and filtered faucets to comply with a plan under sub. (2) (a).
(b) To maintain filtered bottle-filling stations and filtered faucets and
replacement of filter cartridges, as required under a plan under sub. (2) (a).
(c) Water sampling and testing required under this section.
SECTION 4.0Nonstatutory provisions.
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SECTION 4 ASSEMBLY BILL 1172
(1) The department of public instruction shall submit a request under s. 13.10
to the joint committee on finance to supplement the appropriation under s. 20.255
(2) (ef) for grants under s. 118.073.
(END)
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