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Wisconsin Senate Bill SB104

Wisconsin 2025-2026 Regular Session

Wisconsin Senate Bill SB104 Compare Versions

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11 2025 - 2026 LEGISLATURE
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44 2025 SENATE BILL 104
55 March 7, 2025 - Introduced by Senator JACQUE, cosponsored by Representatives
66 MURSAU, NOVAK, BEHNKE, DONOVAN and TUSLER. Referred to Committee on
77 Education.
88 AN ACT to create 20.255 (2) (ef) and 118.073 of the statutes; relating to:
99 providing safe drinking water in public and private schools.
1010 Analysis by the Legislative Reference Bureau
1111 By no later than approximately 15 months after the date this bill becomes law,
1212 the governing body of each public and private school in this state must develop a
1313 drinking water management plan for the private or public school. Under the bill,
1414 each drinking water management plan must 1) specify the locations of filtered
1515 bottle-filling stations and filtered faucets maintained to deliver water for human
1616 consumption, of water outlets maintained for purposes other than for human
1717 consumption, and of water outlets that are shut off or permanently inoperable; 2)
1818 provide at least one filtered bottle-filling station for every 100 occupants of the
1919 school; 3) provide for the installation of a filtered faucet only when the installation
2020 of a filtered bottle-filling station is not feasible and a water outlet for human
2121 consumption is necessary; and 4) provide a schedule for water sampling and testing
2222 at each filtered bottle-filling station and filtered faucet in the school for lead,
2323 perfluorooctanoic acid (PFOA), and perfluorooctane sulfonate (PFOS) and a
2424 schedule for replacing filter cartridges used in filtered bottle-filling stations and
2525 filtered faucets.
2626 Under the bill, if water testing under a drinking water management plan
2727 indicates lead at a concentration between one part per billion and five parts per
2828 billion, the governing body of a public or private school must take certain actions,
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3434 including checking water filters, ensuring that the filtered bottle-filling station or
3535 faucet is properly installed, and retesting the filtered water. If water testing under
3636 a drinking water management plan indicates lead at a concentration that is more
3737 than five parts per billion or the presence of PFOA or PFOS at a level that exceeds
3838 a state or federal standard, the governing body of a public or private school must
3939 immediately shut off the water outlet, post a sign stating that the water outlet is
4040 shut off due to the high concentration of lead, PFOA, or PFOS, whichever applies,
4141 replace the water filters, and retest the water. If the subsequent water testing
4242 continues to indicate lead, PFOA, or PFOS that exceeds the relevant threshold, the
4343 governing body of the public or private school must 1) within 30 days, send a copy of
4444 the test results and information provided by the Department of Natural Resources
4545 about childhood exposure to lead or PFOA and PFOS, whichever is applicable, to
4646 parents and guardians of pupils who attend the school and to the Department of
4747 Public Instruction and 2) develop a remediation plan in consultation with DPI.
4848 Under the bill, all water testing must be conducted at a laboratory certified for lead
4949 and copper testing using the method approved by the federal environmental
5050 protection agency.
5151 By August 1, 2027, the bill requires the governing body of each public and
5252 private school to install filtered bottle-filling stations and filtered faucets in
5353 accordance with the school[s drinking water management plan, and to shut off all
5454 water outlets that provide water for human consumption that are not filtered bottle-
5555 filling stations or filtered faucets. Beginning approximately 15 months after the
5656 bill becomes law, the bill prohibits the installation of a drinking fountain that is not
5757 a filtered bottle-filling station in a public or private school.
5858 The bill requires DPI to assist governing bodies of public and private schools to
5959 comply with the requirements created in the bill. Specifically, the bill requires DPI
6060 to develop a drinking water management plan template, to make annual training
6161 available related to water sampling and testing protocols and other activities
6262 relevant to complying with the requirements created in the bill, and to provide
6363 various information related to filtered bottle-filling stations, filtered faucets, and
6464 filter cartridges. Finally, the bill authorizes DPI to award grants to governing
6565 bodies of public and private schools to assist with the costs of complying with the
6666 requirements in the bill. The bill does not provide funding for these grants but does
6767 require DPI to submit a request for supplemental funding to the Joint Committee
6868 on Finance.
6969 For further information see the state and local fiscal estimate, which will be
7070 printed as an appendix to this bill.
7171 The people of the state of Wisconsin, represented in senate and assembly, do
7272 enact as follows: 2025 - 2026 Legislature
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7676 SECTION 1
7777 SECTION 1. 20.005 (3) (schedule) of the statutes: at the appropriate place,
7878 insert the following amounts for the purposes indicated:
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8080 20.255 Public instruction, department of
8181 (2) AIDS FOR LOCAL EDUCATIONAL PROGRAMMING
8282 (ef) Safe drinking water; grants GPR A -0- -0-
8383 SECTION 2. 20.255 (2) (ef) of the statutes is created to read:
8484 20.255 (2) (ef) Safe drinking water; grants. The amounts in the schedule for
8585 grants awarded to school boards, governing boards, and governing bodies under s.
8686 118.073 (6).
8787 SECTION 3. 118.073 of the statutes is created to read:
8888 118.073 Safe drinking water. (1) In this section:
8989 (a) XBubbler fixtureY means a fixture on a drinking fountain through which
9090 water is forced up in a small arc from a nozzle that allows an individual to drink
9191 from the arc directly.
9292 (b) XDrinking fountainY means a plumbing fixture that is connected to the
9393 potable water distribution system and drainage system that allows a user to obtain
9494 a drink directly from a stream of flowing water without the use of any accessory.
9595 (c) XFiltered bottle-filling stationY means an apparatus that meets all of the
9696 following requirements:
9797 1. The apparatus is connected to customer site piping.
9898 2. The apparatus filters water and is certified to meet NSF/ANSI standard 53
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124124 SECTION 3
125125 for lead reduction and perfluorooctanoic acid and perfluorooctane sulfonate
126126 reduction and NSF/ANSI standard 42 for particulate removal.
127127 3. The flow rate through the apparatus is paired to the specified flow rate of
128128 the filter cartridge.
129129 4. The apparatus has a light or other device to indicate filter cartridge
130130 replacement status.
131131 5. The apparatus is designed to fill drinking bottles or other containers for
132132 personal water consumption.
133133 6. The apparatus includes a drinking fountain.
134134 (d) XFiltered faucetY means a faucet that at the point of use includes a filter
135135 that is certified to meet NSF/ANSI standard 53 for lead reduction and
136136 perfluorooctanoic acid and perfluorooctane sulfonate reduction and NSF/ANSI
137137 standard 42 for particulate removal.
138138 (e) XSchoolY means a public school, including a charter school, or a private
139139 school.
140140 (2) (a) By no later than the first day of the 16th month after the effective date
141141 of this paragraph .... [LRB inserts date], the school board, governing board, or
142142 governing body that governs a school shall develop for the school a drinking water
143143 management plan, and make the plan available to the department, school staff,
144144 parents and guardians of pupils attending the school, and the general public, upon
145145 request. The school board, governing board, or governing body that governs the
146146 school shall ensure that a plan developed under this paragraph does all of the
147147 following:
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174174 SECTION 3
175175 1. Specifies each location where a filtered bottle-filling station or filtered
176176 faucet will be maintained to deliver water for human consumption, whether as
177177 drinking water or as a component of a food or beverage.
178178 2. Specifies each location where a water outlet will be maintained for
179179 purposes other than human consumption.
180180 3. Specifies each location where a water outlet will be shut off or rendered
181181 permanently inoperable.
182182 4. Provides for the maintenance of at least one filtered bottle-filling station for
183183 every 100 occupants of the school, not including visitors or individuals attending
184184 special events.
185185 5. Provides for the installation of filtered faucets only when the installation of
186186 a filtered bottle-filling station is not feasible but a water outlet for human
187187 consumption is necessary, including in kitchens, nurses[ stations, and teachers[
188188 lounges.
189189 6. Provides a schedule for when each of the following will occur:
190190 a. Water sampling and testing of the filtered water at each filtered bottle-
191191 filling station and filtered faucet in the school to ensure that the filters are properly
192192 installed and provide water that has a lead concentration of not more than 5 parts
193193 per billion and that does not contain perfluorooctanoic acid or perfluorooctane
194194 sulfonate at a level that exceeds a state or federal standard.
195195 b. The regular replacement of the filter cartridge for each filtered bottle-
196196 filling station and filtered faucet in compliance with the manufacturer instructions
197197 or recommendations of the department.
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224224 SECTION 3
225225 (b) The school board, governing board, or governing body that governs a school
226226 shall review and update a plan developed under par. (a) at least once every 5 years
227227 and make changes as directed by the department or as needed to comply with this
228228 section.
229229 (c) The school board, governing board, or governing body that governs a school
230230 shall comply with the schedules provided in the plan developed under par. (a) for
231231 the school.
232232 (d) If the water sampling and testing required to be included in a school[s plan
233233 under par. (a) 6. a. indicates the presence of lead at a concentration of one part per
234234 billion or more but not more than 5 parts per billion, the school board, governing
235235 board, or governing body that governs the school shall do all of the following:
236236 1. Immediately check the status of the filter at the filtered bottle-filling
237237 station or filtered faucet and replace the filter cartridge if the status light or other
238238 device indicates that replacement is or will soon be required.
239239 2. Ensure the filtered bottle-filling station or filtered faucet is properly
240240 installed.
241241 3. Resample and retest the filtered water.
242242 4. If water sampling and testing under subd. 3. indicates the presence of lead
243243 at a concentration of one part per billion or more but not more than 5 parts per
244244 billion, do all of the following:
245245 a. Submit a copy of the test results and a document that lists the make and
246246 model of the filtered bottle-filling station or filtered faucet and filter cartridge to
247247 the department.
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274274 SECTION 3
275275 b. Consult with the department and filtered bottle-filling station or filtered
276276 faucet manufacturer.
277277 (e) If the water sampling and testing required to be included in a school[s plan
278278 under par. (a) 6. a. indicates the presence of lead at a concentration of more than 5
279279 parts per billion or the presence of perfluorooctanoic acid or perfluorooctane
280280 sulfonate at a level that exceeds a state or federal standard, the school board,
281281 governing board, or governing body that governs the school shall do all of the
282282 following:
283283 1. Immediately shut off or otherwise render inoperable the water outlet.
284284 2. Post a conspicuous sign near the water outlet stating that the water outlet
285285 is inoperable because of high lead concentration or a high level of perfluorooctanoic
286286 acid or perfluorooctane sulfonate, whichever is applicable, and maintain the sign
287287 until the water outlet is returned to service under subd. 5.
288288 3. Replace the filter cartridge in the filtered bottle-filling station or filtered
289289 faucet.
290290 4. Resample and retest the water.
291291 5. If water sampling and testing under subd. 4. indicates the presence of lead
292292 at a concentration of one part per billion or more but not more than 5 parts per
293293 billion, return the water outlet to service and comply with the requirements under
294294 par. (d) 2. to 4.
295295 6. If water sampling and testing under subd. 4. indicates the presence of lead
296296 at a concentration of more than 5 parts per billion or the presence of
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322322 SECTION 3
323323 perfluorooctanoic acid or perfluorooctane sulfonate at a level that exceeds a state or
324324 federal standard, do all of the following:
325325 a. Within 30 days after receiving the test results, send a copy of the test
326326 results to the department and to the parent or guardian of each pupil attending the
327327 school. The copy of the test results shall contain a notice that includes information
328328 provided by the department of natural resources on the health effects of lead
329329 exposure and ways to reduce childhood lead exposure or on the health effects of
330330 exposure to perfluorooctanoic acid and perfluorooctane sulfonate and ways to
331331 reduce childhood perfluorooctanoic acid and perfluorooctane sulfonate exposure.
332332 b. Develop a remediation plan in consultation with the department and
333333 incorporate the remediation plan into the plan under par. (a).
334334 (f) 1. For purposes of water sampling and testing required under this
335335 subsection, water shall be drawn from all of the bubbler fixtures of the filtered
336336 bottle-filling stations and filtered faucets and collected in 250 milliliter bottles after
337337 at least an 8-hour stagnation period and before any water use occurs at the school.
338338 2. The department shall collect all of the 250 milliliter bottles from a school
339339 and deliver the bottles to the department of natural resources for water testing.
340340 3. Water testing described under this subsection shall be conducted at a
341341 laboratory certified for lead and copper testing using the method approved by the
342342 federal environmental protection agency.
343343 (3) (a) By August 1, 2027, each school board, governing board of a charter
344344 school, and governing body of a private school shall do all of the following:
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370370 SECTION 3
371371 1. Install all filtered bottle-filling stations and filtered faucets specified in a
372372 plan under sub. (2) (a) and not already installed.
373373 2. Shut off or render permanently inoperable any water outlet providing
374374 water for human consumption that is not a filtered bottle-filling station or filtered
375375 faucet.
376376 3. Post a conspicuous sign near each water outlet indicating whether or not
377377 the outlet is intended to provide water for human consumption.
378378 (b) By August 1, 2027, and annually thereafter, each school board, governing
379379 board of a charter school, and governing body of a private school shall submit to the
380380 department documentation, on a form and in a manner prescribed by the
381381 department, that certifies that the school board, governing board, or governing body
382382 has complied with the requirements of this section.
383383 (4) Beginning on the first day of the 16th month after the effective date of this
384384 subsection .... [LRB inserts date], no person may install a drinking fountain in a
385385 school, unless the drinking fountain is a filtered bottle-filling station.
386386 (5) The department shall provide assistance to school boards, governing
387387 boards of charter schools, and governing bodies of private schools to maintain
388388 compliance with this section. By no later than the first day of the 7th month after
389389 the effective date of this subsection .... [LRB inserts date], the department shall do
390390 all of the following:
391391 (a) Develop and make available a template for a plan under sub. (2) (a).
392392 (b) Make available annual training for school staff and school officials
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418418 SECTION 3
419419 regarding the sampling and testing protocol, reporting process for test results, and
420420 other activities relevant to compliance with this section.
421421 (c) Provide information on all of the following:
422422 1. Factors to consider when selecting filtered bottle-filling stations, filtered
423423 faucets, and filter cartridges.
424424 2. How to shut off or render permanently inoperable a water outlet in a school.
425425 3. How to flush a building[s cold water plumbing before installing new filtered
426426 bottle-filling stations and filtered faucets.
427427 4. Common installation and operation errors related to a filtered bottle-filling
428428 station or filtered faucet and recommendations on how to avoid them.
429429 (6) From the appropriation under s. 20.255 (2) (ef), the department may
430430 award grants to school boards, governing boards of charter schools, and governing
431431 bodies of private schools to assist with the costs of complying with this section,
432432 including the costs of any of the following:
433433 (a) The initial acquisition and installation of filtered bottle-filling stations
434434 and filtered faucets to comply with a plan under sub. (2) (a).
435435 (b) Maintenance of filtered bottle-filling stations and filtered faucets and
436436 replacement of filter cartridges, as required under a plan under sub. (2) (a).
437437 (c) Water sampling and testing required under this section.
438438 SECTION 4. Nonstatutory provisions.
439439 (1) The department of public instruction shall submit a request under s. 13.10
440440 to the joint committee on finance to supplement the appropriation under s. 20.255
441441 (2) (ef) for grants under s. 118.073. Notwithstanding s. 13.101 (3), the committee is
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468468 SECTION 4
469469 not required to find that an emergency exists prior to supplementing the
470470 appropriation account under s. 20.255 (2) (ef).
471471 (END)
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