SB 137 — Relating to: nitrate testing pilot program, granting rule-making authority, and making an appropriation. (FE)

- 2020 LEGISLATURE LRBa0150/1LRB-0398/3 SWB:kjf&wljSWB:cdc/wlj/amn SENATE AMENDMENT 1, TO SENATE BILL 137 MayMarch 21,28, 2019 - OfferedIntroduced by SenatorSenators ESTIN.T ESTIN, COWLES, M ARKLEIN and O LSEN, cosponsored by Representatives K URTZ, KRUG , BRANDTJEN , KITCHENS, KULP, M URPHY, PLUMER , QUINN , KOWRONSKI , THIESFELDT, IMMERMAN and T USLER.

AtReferred theto locationsCommittee indicated,on amendNatural theResources billand asEnergy. follows:

1.A N A CT to create 20.435 (1) (ec) and 254.25 of the statutes;

Pagerelating 1,to: line 2:

beforenitrate “granting"testing insertpilot “extendingprogram, thegranting timerule-making limitauthority, forand emergencymaking rulean procedures,".appropriation.

2.Analysis by the Legislative Reference Bureau This bill requires the Department of Health Services to award grants of up to $2,500 to eligible private well owners, which recipients must use to cover remediation costs with a primary purpose of providing potable water for human consumption to either a residential or nonprofit business property if the owner has a well that has nitrate levels exceeding ten parts per million.

PageEligible 3,costs lineinclude 5:well testing, installation of an appropriate filtration system, replacement of the well, or replacement of the water supply.

afterThe “section."bill insertalso “Therequires departmentDHS shall,to afterdistribute subtractingup theto amounta availabletotal forof distribution$500,000 to counties underthat par.apply to participate in the testing program to provide reimbursement for the actual costs of administering the testing and reporting requirements.

(b),Under reservethe one-thirdbill, ofprivate thewell remainingowners moneysmay forcontact grantsa tolocal applicantshealth givendepartment preferenceto underhave sub.nitrate levels tested.

(6).".If the well owner's county has chosen to participate in the testing program, upon request from a private well owner, the local health department shall collect the necessary samples and do all of the following:

3.1) submit the samples for testing to the state laboratory of hygiene or another state certified laboratory, as determined by DHS;

Page2) 3,report linethe 9:test results to DHS and the private well owner, together with a recommendation for one or more of the remediation approaches set forth in the bill, if appropriate, and, if the testing indicates nitrate - 2020 Legislature - 2 - LRB-0398/3 SWB:cdc/wlj/amn SENATE BILL 137 levels exceeding ten parts per million, a statement of the fees charged for the testing and a recommendation that the well owner receive reimbursement for those costs;

afterand “sub.3) notify the private well owner that the owner may contact DHS within 30 days to request a grant for a different approach than was recommended by the local health department.

(4)."A insertprivate “Awell countyowner mayis contracteligible withto otherapply counties,for witha wellgrant drillersunder orthe pumpbill installersif licensedthe throughreport theprovided to DHS by a local health department ofindicates naturalthat resourcesnitrate underlevels ch.in the owner's well water exceed ten parts per million.

280,A orprivate withwell plumbersowner licensedmay byreceive theonly departmentone ofgrant safetyper andparcel. professional services under s.

145.06DHS to provide testing services under this section and may usenot moneysset receivedan fromincome thelimitation department of health services under LRBa0150/1 - 2020 Legislature - 2 - SWB:kjf&wlj this section to ensure reimbursement for itsgrant costseligibility. or those incurred by other entities with which the county has a contract for testing under this section.".

4.Also, under the bill, DHS is required to give preference to applicants who have a household member who is pregnant, breast-feeding, under three years old, or over the age of 65.

PageFor 3,further lineinformation 19:see the state and local fiscal estimate, which will be printed as an appendix to this bill.

deleteThe “Replacement"people of the state of Wisconsin, represented in senate and substituteassembly, “Repairdo orenact replacement".as follows:

5.S ECTION 1.

Page20.005 3,(3) line(schedule) 22:of the statutes:

deleteat “contact"the andappropriate substituteplace, “makeinsert athe requestfollowing to".amounts for the purposes indicated:

6.2019-20 2020-21 20.435 Health services, department of (1) PUBLIC HEALTH SERVICES PLANNING, REGULATION AND DELIVERY (ec) Nitrate testing grant program GPR C 10,000,000 -0- S ECTION 2.

Page20.435 3,(1) line(ec) 23:of the statutes is created to read:

delete20.435 the(1) material(ec) beginningNitrate withtesting “Ifgrant theprogram. well owner's" and ending with “the following:" on page 4, line 2, and substitute “If the well owner's county has chosen to participate in the program under this section, upon a request from a private well owner, the local health department shall provide a list of entities, public or private, that are available to complete the testing.

TheAs a continuing appropriation, the amounts in the schedule for grants to private well ownerowners mayfor contactremediation anyfor ofprivate thewells availablewith entitiesexcessive onnitrate thelevels listand providedfor byreimbursement to counties for the localactual healthcosts department.of administering testing and reporting requirements under s.

An available public or private entity that agrees to do the testing for the private well owner shall collect the necessary samples and do all of the following:”.

7.

Page 4, line 4:

delete “, as determined by the department of health services".

8.

Page 4, line 8:

delete the material beginning with “by the" and ending with “health department" on line 9.

9.

Page 4, line 13:

delete “local health department" and substitute “entity that completed the testing".

10.

Page 4, line 15:

delete “by a local health department".

11.