2023 - 2024 LEGISLATURE
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2023 SENATE BILL 1078
March 6, 2024 - Introduced by Senators COWLES and WANGGAARD, cosponsored by
Representatives MURSAU, NOVAK, BALDEH, BEHNKE, MELOTIK and O'CONNOR.
Referred to Committee on Natural Resources and Energy.
1 AN ACT to create 20.255 (2) (ef) and 118.073 of the statutes; relating to:
2 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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SENATE BILL 1078
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:
1 SECTION 1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
2 the following amounts for the purposes indicated:
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SENATE BILL 1078 SECTION 1
2023-24 2024-25
1 20.255 Public instruction, department of
2 (2) AIDS FOR LOCAL EDUCATIONAL PROGRAMMING
3 (ef) Safe drinking water; grants GPR A -0- -0-
4 SECTION 2. 20.255 (2) (ef) of the statutes is created to read:
5 20.255 (2) (ef) Safe drinking water; grants. The amounts in the schedule for
6 grants awarded to school boards, governing boards, and governing bodies under s.
7 118.073 (6).
8 SECTION 3. 118.073 of the statutes is created to read:
9 118.073 Safe drinking water. (1) In this section:
10 (a) “Bubbler fixture" means a fixture on a drinking fountain through which
11 water is forced up in a small arc from a nozzle that allows an individual to drink from
12 the arc directly.
13 (b) “Drinking fountain" means a plumbing fixture that is connected to the
14 potable water distribution system and drainage system that allows a user to obtain
15 a drink directly from a stream of flowing water without the use of any accessory.
16 (c) “Filtered bottle-filling station" means an apparatus that meets all of the
17 following requirements:
18 1. The apparatus is connected to customer site piping.
19 2. The apparatus filters water and is certified to meet NSF/ANSI standard 53
20 for lead reduction and perfluorooctanoic acid and perfluorooctane sulfonate
21 reduction and NSF/ANSI standard 42 for particulate removal.
22 3. The flow rate through the apparatus is paired to the specified flow rate of the
23 filter cartridge.
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SENATE BILL 1078 SECTION 3
1 4. The apparatus has a light or other device to indicate filter cartridge
2 replacement status.
3 5. The apparatus is designed to fill drinking bottles or other containers for
4 personal water consumption.
5 6. The apparatus includes a drinking fountain.
6 (d) “Filtered faucet" means a faucet that at the point of use includes a filter that
7 is certified to meet NSF/ANSI standard 53 for lead reduction and perfluorooctanoic
8 acid and perfluorooctane sulfonate reduction and NSF/ANSI standard 42 for
9 particulate removal.
10 (e) “School” means a public school, including a charter school, or private school.
11 (2) (a) By no later than the first day of the 16th month after the effective date
12 of this paragraph .... [LRB inserts date], the school board, governing board, or
13 governing body that governs a school shall develop for the school a drinking water
14 management plan, and make the plan available to the department, school staff,
15 parents and guardians of pupils attending the school, and the general public, upon
16 request. The school board, governing board, or governing body that governs the
17 school shall ensure that a plan developed under this paragraph does all of the
18 following:
19 1. Specifies the location where a filtered bottle-filling station or filtered faucet
20 will be maintained to deliver water for human consumption, whether as drinking
21 water or as a component of a food or beverage.
22 2. Specifies the location where a water outlet will be maintained for purposes
23 other than human consumption.
24 3. Specifies the location where a water outlet will be shut off or rendered
25 permanently inoperable.
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SENATE BILL 1078 SECTION 3
1 4. Provides for the maintenance of at least one filtered bottle-filling station for
2 every 100 occupants of the school, not including visitors or individuals attending
3 special events.
4 5. Provides for the installation of filtered faucets only when the installation of
5 a filtered bottle-filling station is not feasible but a water outlet for human
6 consumption is necessary, including in kitchens, nurses' stations, and teachers'
7 lounges.
8 6. Provides a schedule for when each of the following will occur:
9 a. Water sampling and testing of the filtered water at each filtered bottle-filling
10 station and filtered faucet in the school to ensure that the filters are properly
11 installed and provide water with a lead concentration of not more than 5 parts per
12 billion and that does not contain perfluorooctanoic acid or perfluorooctane sulfonate
13 at a level that exceeds a state or federal standard.
14 b. The regular replacement of the filter cartridge for each filtered bottle-filling
15 station and filtered faucet in compliance with the manufacturer instructions or
16 recommendations of the department.
17 (b) The school board, governing board, or governing body that governs a school
18 shall review and update a plan developed under par. (a) at least once every 5 years
19 and make changes as directed by the department or as needed to comply with this
20 section.
21 (c) The school board, governing board, or governing body that governs a school
22 shall comply with the schedules provide in the plan developed under par. (a) for the
23 school.
24 (d) If the water sampling and testing required to be included in a school's plan
25 under par. (a) 6. a. indicates the presence of lead at a concentration of one part per
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1 billion or more but not more than 5 parts per billion, the school board, governing
2 board, or governing body that governs the school shall do all of the following:
3 1. Immediately check the status of the filter at the filtered bottle-filling station
4 or filtered faucet and replace the filter cartridge if the status light or other device
5 indicates that replacement is or will soon be required.
6 2. Ensure the filtered bottle-filling station or filtered faucet is properly
7 installed.
8 3. Resample and retest the filtered water.
9 4. If water sampling and testing under subd. 3. indicates the presence of lead
10 at a concentration of one part per billion or more but not more than 5 parts per billion,
11 do all of the following:
12 a. Submit a copy of the test results and a document that lists the make and
13 model of the filtered bottle-filling station or filtered faucet and filter cartridge to the
14 department.
15 b. Consult with the department and filtered bottle-filling station or filtered
16 faucet manufacturer.
17 (e) If water sampling and testing required to be incorporated into a school's plan
18 under par. (a) 6. a. indicates the presence of lead at a concentration of more than 5
19 parts per billion or the presence of perfluorooctanoic acid or perfluorooctane
20 sulfonate at a level that exceeds a state or federal standard, the school board,
21 governing board, or governing body that governs the school shall do all of the
22 following:
23 1. Immediately shut off or otherwise render inoperable the water outlet.
24 2. Post a conspicuous sign near the water outlet stating that the water outlet
25 is inoperable because of high lead concentration or a high level of perfluorooctanoic
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1 acid or perfluorooctane sulfonate, whichever is applicable, and maintain the sign
2 until the water outlet is returned to service under subd. 5.
3 3. Replace the filter cartridge in the filtered bottle-filling station or filtered
4 faucet.
5 4. Resample and retest the water.
6 5. If water sampling and testing under subd. 4. indicates the presence of lead
7 at a concentration of one part per billion or more but not more than 5 parts per billion,
8 return the water outlet to service and comply with the requirements under par. (d)
9 2. to 4.
10 6. If water sampling and testing under subd. 4. indicates the presence of lead
11 at a concentration of more than 5 parts per billion or the presence of
12 perfluorooctanoic acid or perfluorooctane sulfonate at a level that exceeds a state or
13 federal standard, do all of the following:
14 a. Within 30 days after receiving the test results, send a copy of the test results
15 to the department and to the parent or guardian of each pupil attending the school.
16 The copy of the test results shall contain a notice that includes information provided
17 by the department of natural resources on the health effects of lead exposure and
18 ways to reduce childhood lead exposure or on the health effects of exposure to
19 perfluorooctanoic acid and perfluorooctane sulfonate and ways to reduce exposure
20 to childhood perfluorooctanoic acid and perfluorooctane sulfonate exposure.
21 b. Develop a remediation plan in consultation with the department and
22 incorporate the remediation plan into the plan under par. (a).
23 (f) 1. For purposes of water sampling and testing required under this
24 subsection, water shall be drawn from all of the bubbler fixtures of the filtered
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1 bottle-filling stations and filtered faucets and collected in 250 milliliter bottles after
2 at least an 8-hour stagnation period and before any water use occurs at the school.
3 2. The department shall collect all of the 250 milliliter bottles from a school and
4 deliver the bottles to the department of natural resources for water testing.
5 3. Water testing described under this subsection shall be conducted at a
6 laboratory certified for lead and copper testing using the method approved by the
7 federal environmental protection agency.
8 (3) (a) By August 1, 2025, each school board, governing board of a charter
9 school, and governing body of a private school shall do all of the following:
10 1. Install all filtered bottle-filling stations and filtered faucets as indicated in
11 a plan under sub. (2) (a) and not already in existence.
12 2. Shut off or render permanently inoperable any water outlet providing water
13 for human consumption that is not a filtered bottle-filling station or filtered faucet.
14 3. Post a conspicuous sign near each water outlet indicating whether or not the
15 outlet is intended to provide water for human consumption.
16 (b) By August 1, 2025, and annually thereafter, each school board, governing
17 board of a charter school, and governing body of a private school shall submit to the
18 department documentation, on a form and in a manner prescribed by the
19 department, that certifies that the school board, governing board, or governing body
20 has complied with the requirements of this section.
21 (4) Beginning on the first day of the 16th month after the effective date of this
22 subsection .... [LRB inserts date], no person may install a drinking fountain in a
23 school, unless the drinking fountain is a filtered bottle-filling station.
24 (5) The department shall provide assistance to school boards, governing boards
25 of charter schools, and governing bodies of private schools to maintain compliance
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