BILL ANALYSIS Ó
AB 1173
Page 1
Date of Hearing: April 28, 2015
ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS
Luis Alejo, Chair
AB 1173
(Williams) - As Amended March 26, 2015
SUBJECT: Water equipment: backflow prevention devices testing:
certification
SUMMARY: Provides that if a local health officer does not
maintain a local certification program for backflow prevention
device testers, testing and maintenance of a backflow prevention
device shall be performed by a person who has received specified
California-specific certification for testing backflow
prevention devices. Specifically, this bill:
1)Clarifies that the standards for certification of backflow
prevention device testers developed by local programs shall be
consistent with the backflow protection regulations adopted by
the State Water Resources Control Board, not the Department of
Public Health.
2)Provides that if a local health officer does not maintain a
local certification program for backflow prevention device
testers, testing and maintenance of a backflow prevention
device shall be performed by a person who has received
California-specific certification for testing backflow
prevention devices by one of the following:
a) California-Nevada Section of the American Water Works
AB 1173
Page 2
Association (AWAA);
b) American Society of Sanitary Engineering (ASSE)
International;
c) American Backflow Prevention Association (ABPA); or,
d) Other similar certification provider deemed acceptable
by the State Water Resources Control Board or the local
health officer.
EXISTING LAW:
1)Requires any person who owns a public water system to ensure
that the system will not be subject to backflow under normal
operating conditions. (Health and Safety Code (HSC) §
116555(a)(2))
2)Authorizes local health officers to maintain programs for the
control of cross-connections by water users, within the users'
premises, where public exposure to drinking water contaminated
by backflow may occur. (HSC § 116800)
3)Authorizes local health officers to maintain programs, in
cooperation with water suppliers, to protect against backflow
through service connections into the public water supply, and,
with the consent of the water supplier, to collect fees from
the water supplier to offset the costs of implementing these
programs. (HSC § 116805)
4)Authorizes local health officers, to assure that testing and
maintenance of backflow prevention devices are performed by
qualified persons, to maintain programs for certification of
backflow prevention device testers. (HSC § 116810)
5)Authorizes the local health officer to suspend, revoke, or
refuse to renew the certificate of a tester, if, after a
hearing, the local health officer or his or her designee finds
AB 1173
Page 3
that the tester has practiced fraud or deception or has
displayed gross negligence or misconduct in the performance of
his or her duties as a certified backflow prevention device
tester. (HSC § 116810)
6)Authorizes the local health officer to collect fees from
certified testers to offset the cost of the certification
program. (HSC § 116810)
7)Requires the certification standards to be consistent with the
backflow protection regulations adopted by the Department of
Public Health. (HSC § 116810)
8)Requires backflow preventers to be tested by persons who have
demonstrated their competency in testing of these devices to
the water supplier or health agency. (California Code of
Regulations (CCR), Title 17, § 7605(b))
FISCAL EFFECT: Unknown.
COMMENTS:
Need for the bill: According to the author, "To ensure that
testing of backflow prevention devices are performed by persons
qualified to do testing and maintenance, Health & Safety Code
Section 116810 currently provides that "local health officers
may maintain programs for certification of backflow prevention
device testers." In practice, only a few jurisdictions maintain
their own programs for certification of backflow prevention
device testers?
"The lack of guidance on acceptable private statewide
certification of backflow protection device testers has resulted
in inconsistent requirements throughout the state, burdening
plumbing installers, stifling competition, and increasing
customer costs. Inconsistencies from the three private
certification bodies and the local health officers create
AB 1173
Page 4
discrepancies in water supply standards and do not protect the
public from cross-contamination. As a result, backflow
protection device testers must maintain two or three separate,
duplicative certifications to work in more than one jurisdiction
in California. Statewide consistency is needed regarding what
certifications are acceptable? AB 1173 clarifies the
certification standards required for backflow prevention device
testers."
Backflow: Backflow is the undesirable reversal of the flow of
liquid, gas or solid into the potable water supply. Water
supply systems are maintained at a pressure significant enough
to enable water to flow from the tap. However, when pressure
fails or is reduced, which may happen if a water main bursts,
pipes freeze, or there is unexpectedly high demand on the water
system, water or substances from the ground, storage, or other
sources may be drawn up into the system. Additionally,
non-potable substances may be pushed into a potable water supply
if the pressure in the downstream piping system exceeds the
pressure in the potable water system. Either of these backflow
conditions can enable contaminated water or substances to enter
the potable water distribution system, potentially risking
public health and safety.
Backflow prevention: Backflow preventers are mechanical
assemblies used to prevent contaminated fluids from entering the
water supply system. According to the United States
Environmental Protection Agency (US EPA), a wide choice of
devices exists that can be used to prevent backflow from adding
contaminated fluids or gases into a potable water supply system.
These include air gaps, barometric loops, vacuum breakers-both
atmospheric and pressure type, double check with intermediate
atmospheric vent, double check valve assemblies, and reduced
pressure principle devices. US EPA reports that, generally, the
selection of the proper device is based upon the degree of
hazard posed by the cross-connection. Additional considerations
are based upon piping size, location, and the potential need to
periodically test the devices to insure proper operation.
AB 1173
Page 5
Certification of backflow prevention device testers: The
California Department of Public Health asserts that proper
testing of backflow prevention assemblies is crucial to the
prevention of backflow and is a cornerstone of a
cross-connection control program. In order to assure that
testing and maintenance of backflow prevention devices are
performed by qualified persons, statute authorizes local health
officers to maintain programs for certification of backflow
prevention device testers (HSC § 116805). Additionally,
regulation requires backflow preventers to be tested by persons
who have demonstrated their competency in testing of these
devices to the water supplier or local health agency (CCR, Title
17, § 7605(b)). Per statute and regulation, in jurisdictions
where the local health officer has not established a program for
certification of backflow prevention device testers, water
suppliers are responsible for hiring testers that have
"demonstrated their competency."
This bill, in the absence of a local program, requires water
suppliers to hire testers holding AWWA, ASSE, ABPA, or other
similar certification deemed acceptable by the State Water
Resources Control Board or the local health officer.
Arguments in support: According to the sponsor of the bill, the
California State Pipe Trades Council, "The current Health &
Safety Code provision for local certification of backflow
protection device testers by local health officers does not
reflect the actual practice in most jurisdictions of relying on
private state certifications of backflow protection device
testers? The Health & Safety Code should be updated to clarify
that, where a local agency does not have its own certification
program, backflow connections may be tested by technicians
certified by one of these [specified] certification bodies.
This change will streamline approval of backflow protection
device testers by local jurisdictions, create statewide
consistency regarding what certifications are acceptable, and
simplify compliance by installers and customers."
The International Association of Plumbing and Mechanical
AB 1173
Page 6
Officials (IAPMO), which jointly develops, with ASSE
International, a tester certification standard deemed acceptable
by the bill, argues that, "The lack of guidance on these private
certifications, however, has created a patchwork of acceptable
certifications across the state, burdening backflow prevention
device testers, causing confusion to customers and increasing
customer costs. Backflow prevention device testers certified by
ASSE, for example, are frozen out of the market when a local
jurisdiction or water agency arbitrarily determines that it will
accept only AWWA certifications. This reduces the choice of
testers for property owners and increases costs."
Arguments in opposition: California Water Service argues that,
"We believe that this legislation could jeopardize the safety of
water systems across California for several reasons: First, the
legislation presupposes that each of the three certification
agencies it lists are equivalent to each other and have
certification standards sufficient to ensure the health and
safety of the public. These types of decisions are best left to
industry experts? Second, far from promoting competition in the
industry, the legislation will serve to eliminate competition.
By dictating which organizations have appropriate certification
standards, the legislation would create a significant entry
barrier to new certification organizations, even if they are
superior, as the only way they would be able to enter the
marketplace is by having a future Legislature amend California
Code to include them as one of the approved organizations.
Picking winners is the opposite of competition? Finally, the
legislation presupposes that each of three listed certifying
agencies will continue to have the same standards as they do
today. If this legislation were enacted, each of the three
listed organizations would be guaranteed that they will be able
to certify the testers of backflow prevention devices even if
their certification standards precipitously decline."
REGISTERED SUPPORT / OPPOSITION:
AB 1173
Page 7
Support
The California State Pipe Trades Council (Sponsor)
California State Association of Electrical Workers
International Association of Plumbing and Mechanical Officials
Western States Council of Sheet Metal Workers
Opposition
California Water Service
Analysis Prepared by:Shannon McKinney / E.S. & T.M. / (916)
319-3965