SB 424

This bill requires child care centers, child care providers, and recreational and

educational camps to test for lead in drinking water and to provide potable water if

lead contamination is found in order to obtain, renew, or continue a camp or child care

center license or child care provider certification.

Under current law, no person may for compensation provide care and

supervision for four or more children under the age of seven for less than 24 hours

a day unless that person obtains a license to operate a child care center from the

Department of Children and Families. To be licensed, current law requires a person

to meet the minimum requirements established by DCF. Under current law, a child

care center license is valid until revoked or suspended, but must be reviewed every

two years.

Current law also requires a person, other than a licensed child care center, to

be certified by DCF in order to be eligible to receive payment for providing child care

services for an individual who is determined eligible for a Wisconsin Shares child

care subsidy. To be certified, current law requires a child care provider to meet

minimum requirements established by DCF. Under current rules promulgated by

DCF, a child care provider certification is valid for two years unless revoked or

suspended, and must be renewed if the provider continues to comply with

certification standards.

Current law also requires the Department of Agriculture, Trade and Consumer

Protection or a local health department granted agent status to issue licenses to and

regulate recreational and educational camps. Under current law, such licenses

expire annually on June 30.

This bill adds as a minimum requirement for a recreational and education camp

license, a group home license, a child care center license, and a child care provider

certification that an applicant for an initial, continued, or renewed license or

certification (applicant) test drinking water for lead contamination in facilities used

or to be used for child care, a camp, or a group home within six months before

submitting the application. The bill provides that lead contamination is a

concentration of lead that is greater than a concentration considered safe for

drinking under the federal Safe Drinking Water Act.

Under the bill, if a test shows lead contamination, the applicant must establish

and carry out a plan for remediating the lead contamination, continue testing the

water until a test shows no lead contamination, provide safe drinking water to the

facility until the contamination is remediated, and provide proof in its application

that the applicant has complied with these requirements. At six-month intervals

following the issuance, renewal, or continuation of the license or certification, the

applicant must demonstrate to the appropriate licensing or certifying authority that

it remains in compliance with these requirements until a test result shows no lead

contamination. Under the bill, if an applicant submits with an application for an