California Legislature—2015–16 Regular Session

Assembly BillNo. 2890


Introduced by Committee on Environmental Safety and Toxic Materials (Assembly Members Alejo (Chair), Gonzalez, McCarty, and Ting)

February 29, 2016


An act to amend Sections 106875, 106880, 106885, 106890, 106892, 106900, 106910, 116275, and 116555 of, to amend, renumber, and add Section 106876 of, to add Sections 106878, 106879, and 106898 to, to repeal Sections 106895 and 106896 of, and to repeal and add Section 106897 of, the Health and Safety Code, and to amend Sections 13625, 13626, 13627, 13627.1, 13627.2, 13627.3, 13628, 13628.5, 13629, and 13632 of, to add Section 13627.6 to, and to repeal Section 13627.5 of, the Water Code, relating to water.

LEGISLATIVE COUNSEL’S DIGEST

AB 2890, as introduced, Committee on Environmental Safety and Toxic Materials. Drinking water and wastewater operator certification programs.

(1) Existing law requires the State Water Resources Control Board to examine and certify persons as to their qualifications to supervise or operate water treatment plants and water distribution systems. Existing law requires the certification to indicate the classification of water treatment plant or water distribution system that the person is qualified to supervise or operate.

This bill would require the board to appoint an advisory committee to assist it in carrying out its responsibilities to examine and certify people to operate water treatment plants and water distribution systems. This bill would require the advisory committee to review all proposed regulations and make recommendations to the board.

Existing law provides for water treatment operators-in-training, meaning people who do not yet meet the experience requirements for a specific water treatment operator grade.

This bill would eliminate the category of a water treatment operator-in-training.

Existing law authorizes the board to suspend, revoke, or refuse to grant or renew any water treatment operator certificate or water treatment operator-in-training certificate to operate or supervise the operation of a water treatment plant or to place on probation or reprimand the certificate holder upon any reasonable grounds.

This bill would include willful or negligent acts that cause or allow the violation of certain laws as reasonable grounds for those purposes and would specify the rules for a board hearing prior to suspension or revocation of a valid operator certificate. This bill would provide that a person who submits to the board false or misleading information on an application or examination for a water treatment operator certificate or water distribution operator certificate may be liable civilly in an amount not to exceed $5,000 for each violation. This bill would make a person who operates or is in responsible charge and allows the employment of a person who operates a water treatment plant or water distribution system that does not hold a valid, unexpired certificate of the appropriate grade guilty of a misdemeanor and would provide that civil liability may be imposed in an amount not to exceed $100 for each day of violation. By expanding the definition of a crime, this bill would impose a state-mandated local program.

Existing law requires the board to establish fee schedules for the issuance, replacement, reinstatement, continuing education, and renewal of certificates to provide revenues that do not exceed the amount necessary, but are sufficient, to recover all costs incurred in the administration of these certification provisions. Existing law establishes the Drinking Water Operator Certification Special Account in the State Treasury and provides that fees collected by the board to recover the costs of the certification provisions are to be deposited in the account.

This bill would specify that the moneys in the account are available, upon appropriation by the Legislature. This bill would require the board to adopt, by emergency regulations, a schedule of fees to recover costs incurred for the purposes of these certification provisions, as prescribed. This bill would require the board to review and revise the fees, as necessary, each fiscal year.

Existing law requires the board to evaluate the water distribution operator certification program of the California-Nevada Section of the American Water Works Association and issue an appropriate water distribution operator certificate for those certified operators that have satisfied the provisions regulating water distribution system operators. Existing law requires the board to recognize as valid and sufficient certificates issued by certification programs of other states, as specified.

This bill would repeal these provisions and instead would require the board to issue a water treatment operator certificate and water distribution operator certificate by reciprocity to any person holding a valid, unexpired, comparable certification issued by another state, the United States, or a unit thereof.

(2) Existing law requires the State Water Resources Control Board to classify types of wastewater treatment plants for the purpose of determining the levels of competence necessary to operate them. Existing law requires supervisors and operators of wastewater treatment plants to possess a certificate of appropriate grade. Existing law authorizes the board to exempt from these requirements certain facilities.

This bill would require a person who operates a nonexempt wastewater treatment plant to possess a valid, unexpired wastewater certificate or water treatment operator certificate of the appropriate grade. The bill would require the board to prescribe the procedures and requirements for designation of a chief plant operator and the duties of a chief plant operator.

Existing law authorizes the board to suspend, revoke, or refuse to grant or renew any certificate issued by the board to operate a wastewater treatment plant or to place on probation or reprimand the certificate holder upon any reasonable grounds.

This bill would include willful or negligent acts that cause or allow the violation of the Porter-Cologne Water Quality Control Act as reasonable grounds for these purposes.

Under existing law, any person who submits to the board false or misleading information on an application for a certificate to operate a wastewater treatment plant or on an application for registration may be liable civilly in an amount not to exceed $5,000 for each violation.

This bill would add that any person who submits to the board false or misleading information on an application for an examination for a wastewater certificate may be liable civilly in that amount.

Under existing law, operating, owning, or allowing the employment of a person who operates a wastewater treatment plant that does not hold a valid, unexpired certificate of the appropriate grade is a misdemeanor and civil liability may be imposed in an amount not to exceed $100 for each day of violation.

This bill would make a person who operates a wastewater treatment plant without a wastewater certificate or a water recycling treatment plant without a wastewater certificate or water treatment operator certificate, as prescribed, guilty of a misdemeanor and provides that civil liability may be imposed. This bill would make employing such a person subject to the same penalties. By expanding the definition of a crime, this bill would impose a state-mandated local program.

Existing law requires certificates to be renewed biennially.

This bill would require a wastewater certificate issued or renewed on or after January 1, 2017, to be renewed triennially.

Existing law authorizes the board to impose fees to cover the costs of the wastewater treatment plant operator certification program, and requires the fees to be deposited in the Wastewater Operator Certification Fund. Existing law authorizes the board to expend the moneys in the fund, upon appropriation by the Legislature, for purposes of administering the program.

This bill would require the board to establish a fee schedule to provide revenues that do not exceed the amount necessary, but are sufficient, to recover all the costs of the program. This bill would require the board to adopt, by emergency regulations, a schedule of fees to recover costs incurred for the purposes of this program, as prescribed. This bill would require the board to review and revise the fees, as necessary, each fiscal year.

Existing law requires any operator employed at certain privately owned facilities used primarily in the treatment or reclamation of sewage to pass any written examination administered by the board and to be credited with one year of experience for purposes of operator certification. Existing law authorizes the board to charge a reasonable fee for administering these provisions.

This bill would eliminate these provisions.

Existing law authorizes the board to approve courses of instruction at higher educational institutions that will qualify operators for each grade of certification and approve courses of instruction given by professional associations, nonprofit private agencies, or public agencies that are deemed equivalent.

This bill would eliminate the requirement that the private agencies be nonprofit.

Existing law requires the board to appoint an advisory committee to assist it in carrying out its wastewater treatment plant classification and operator certification responsibilities. Existing law provides that the advisory committee consists of 10 persons, one of whom is a professional engineer specializing in sanitary engineering.

This bill would replace the professional engineer with a person employed as an operator at a water recycling treatment plant.

(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P5    1

SECTION 1.  

Section 106875 of the Health and Safety Code
2 is amended to read:

3

106875.  

(a)  Thebegin delete departmentend deletebegin insert state boardend insert shall examine and
4certify persons as to their qualifications tobegin delete supervise orend delete operate
5water treatment plants. The certification shall indicate the
6classification of water treatment plant that the person is qualified
7tobegin delete supervise orend delete operate.

8(b)  Thebegin delete departmentend deletebegin insert state boardend insert shall examine and certify
9persons as to their qualifications tobegin delete supervise orend delete operate a water
10distribution system. The certification shall indicate the
11classification of distribution system that the person is qualified to
12begin delete supervise orend delete operate.

13

SEC. 2.  

Section 106876 of the Health and Safety Code is
14amended and renumbered to read:

15

begin delete106876.end delete
16begin insert106877.end insert  

(a)  Thebegin delete departmentend deletebegin insert state boardend insert may suspend, revoke,
17or refuse to grant or renew any water treatment operator certificate
18begin delete or water treatment operator-in-training certificateend delete to operatebegin delete or
19supervise the operation ofend delete
a water treatment plant or may place on
20probation or reprimand the certificate holder upon any reasonable
21grounds, including, but not limited to, any of the following:

P6    1(1)  The submission of false or misleading information on an
2application for abegin insert water treatment operatorend insert certificate or begin delete engaging
3in dishonest conduct during an examination.end delete
begin insert an examination for
4a water treatment operator certificate.end insert

5(2)  The use of fraud or deception in the course of operatingbegin delete or
6supervising the operation ofend delete
a water treatment plant or a water
7recycling treatment plant.

8(3)  The failure to use reasonable care or judgment in the
9begin delete operation or supervision of theend delete operation of a water treatment plant
10or a water recycling treatment plant.

11(4)  The inability to perform operating duties properly in a water
12treatment plant or a water recycling treatment plant.

begin delete

13(5) The failure to meet all requirements for certificate renewal.

end delete
begin insert

14(5)  Engaging in dishonest conduct during an examination for
15a water treatment operator certificate.

end insert

16(6)  The conduct of willful or negligent acts that cause or allow
17the violation of thebegin insert federalend insert Safe Drinking Water Act (Subchapter
18XII (commencing with Section 300f) of Chapter 6A of Title 42 of
19the United Statesbegin delete Code)end deletebegin insert Code), the California Safe Drinking Water
20Act (Chapter 4 (commencing with Section 116270) of Part 12),end insert
or
21the regulations and standards adopted pursuant tobegin delete thatend deletebegin insert eitherend insert act.

22(7)  Willfully or negligently violating or causing or allowing
23the violation of waste discharge requirements or permits issued
24pursuant to thebegin delete Federal Water Pollution Controlend deletebegin insert Clean Waterend insert Act
25(33 U.S.C. Sec. 1251 et seq.)begin insert or the Porter-Cologne Water Quality
26Control Act (Division 7 (commencing with Section 13000) of the
27Water Code)end insert
while operating a water recycling treatment plant.

28(b)  Thebegin delete departmentend deletebegin insert state boardend insert may suspend, revoke, or refuse
29to grant or renew any water distribution operator certificate to
30operatebegin delete or supervise the operation ofend delete a water distribution system
31or may place on probation or reprimand the certificate holder upon
32any reasonable grounds, including, but not limited to, any of the
33following:

34(1)  The submission of false or misleading information on an
35application for abegin insert water distribution operatorend insert certificate or begin delete engaging
36 in dishonest conduct during an examination.end delete
begin insert an examination for
37a water distribution operator certificate.end insert

38(2)  The use of fraud or deception in the course of operatingbegin delete or
39supervising the operation ofend delete
a water distribution system.

P7    1(3)  The failure to use reasonable care of judgment in the
2begin delete operation or supervision of theend delete operation of a water distribution
3system.

4(4)  The inability to perform operating duties properly in a water
5distribution system.

begin delete

6(5)  The failure to meet all requirements for certificate renewal.

end delete
begin insert

7(5)  Engaging in dishonest conduct during an examination for
8a water distribution operator certificate.

end insert

9(6)  The conduct of willful or negligent acts that cause or allow
10the violation of the federal Safe Drinking Water Act (Subchapter
11XII (commencing with Section 300f) of Chapter 6A of Title 42 of
12the United Statesbegin delete Code)end deletebegin insert end insertbegin insertCode), the California Safe Drinking Water
13Act (Chapter 4 (commencing with Section 116270) of Part 12),end insert
or
14the regulations and standards adopted pursuant tobegin delete thatend deletebegin insert eitherend insert act.

15(c)  Prior tobegin insert suspension orend insert revocation of a valid operator
16certificate, thebegin delete departmentend deletebegin insert state boardend insert shall provide the certificate
17holder with an opportunity for a hearing before thebegin delete department.end delete
18begin insert state board, in accordance with rules adopted pursuant to Section
19185 of the Water Code.end insert

begin delete

20(d)  For purposes of this section, “water recycling treatment
21plant” means a treatment plant that receives and further treats
22secondary and/or tertiary effluent from a wastewater treatment
23plant.

end delete
24

SEC. 3.  

Section 106876 is added to the Health and Safety Code,
25to read:

26

106876.  

As used in this article, unless the context otherwise
27requires, the following definitions apply:

28(a) “Community water system” has the same meaning as defined
29in Section 116275.

30(b) “Local primacy agency” has the same meaning as defined
31in Section 116275.

32(c) “Nontransient noncommunity water system” has the same
33meaning as defined in Section 116275.

34(d) “Operates a water distribution system” means actions or
35decisions to control the quality or quantity of drinking water in a
36water distribution system and includes both of the following:

37(1) Supervision of other persons operating a water distribution
38system.

P8    1(2) Any activity designated by the state board, in its regulations
2to implement this article, as an activity that may only be performed
3by a person with a water distribution operator certificate.

4(e) “Operates a water treatment plant” means actions or
5decisions to control the performance of one or more drinking water
6treatment processes and includes both of the following:

7(1) Supervision of other persons operating a water treatment
8plant.

9(2) Any activity designated by the state board, in its regulations
10to implement this article, as an activity that may only be performed
11by a person with a water treatment operator certificate.

12(f) “Wastewater certificate” has the same meaning as defined
13in Section 13625 of the Water Code.

14(g) “Wastewater treatment plant” has the same meaning as
15defined in Section 13625 of the Water Code.

16(h) “Water distribution operator certificate” means a certificate
17of competency issued by the state board stating that a person has
18met the requirements to be certified to operate a water distribution
19system for a specified grade level.

20(i) “Water distribution system” has the same meaning as defined
21in Section 116275.

22(j) “Water recycling treatment plant” has the same meaning as
23defined in Section 13625 of the Water Code.

24(k) “Water treatment operator certificate” means a certificate
25of competency issued by the state board stating that a person has
26met the requirements to be certified to operate a water treatment
27plant for a specified grade level.

28(l) “Water treatment plant” has the same meaning as defined in
29Section 116275.

30(m) “Water treatment process” means a process that improves
31the physical, chemical, biological, or radiological quality of water
32in order to render the water acceptable for use as drinking water
33and includes all of the following:

34(1) Aeration.

35(2) Blending.

36(3) Chemical addition.

37(4) Contaminant removal.

38(5) Conventional treatment.

39(6) Demineralization.

40(7) Disinfection.

P9    1(8) Filtration.

2(9) Fluoridation.

3(10) Ion exchange.

4(11) pH adjustment.

5(12) Pre- and post-treatment.

6(13) Reverse osmosis.

7

SEC. 4.  

Section 106878 is added to the Health and Safety Code,
8to read:

9

106878.  

(a) Any person who commits either of the following
10violations is guilty of a misdemeanor and may be liable civilly in
11an amount not to exceed one hundred dollars ($100) for each day
12of violation:

13(1) Operates a water treatment plant but does not hold a valid,
14unexpired water treatment operator certificate of the appropriate
15grade in accordance with regulations adopted pursuant to Section
16106910.

17(2) Operates a water distribution system but does not hold a
18valid, unexpired water distribution operator certificate of the
19appropriate grade in accordance with the regulations adopted
20pursuant to Section 106910.

21(b) (1) Any person or entity who is in responsible charge of a
22water treatment plant and allows the employment of any person
23as a water treatment operator who does not hold a valid, unexpired
24water treatment operator certificate of the appropriate grade in
25accordance with the regulations adopted pursuant to Section
26106910 is guilty of a misdemeanor and may be liable civilly in an
27amount not to exceed one hundred dollars ($100) for each day of
28violation.

29(2) Any person or entity who is in responsible charge of a water
30distribution system and allows the employment of any person as
31a water distribution operator who does not hold a valid, unexpired
32water distribution operator certificate of the appropriate grade in
33accordance with the regulations adopted pursuant to Section
34106910 is guilty of a misdemeanor and may be liable civilly in an
35amount not to exceed one hundred dollars ($100) for each day of
36violation.

37(c) Any person or entity that commits an act described in
38paragraph (2), (3), (5), or (6) of subdivision (a) of, or paragraph
39(2), (3), (5), or (6) of subdivision (b) of, Section 106877, may be
P10   1liable civilly in an amount not to exceed five thousand dollars
2($5,000) for each violation.

3(d) Any person that commits an act described in paragraph (1)
4of subdivision (a) of, or paragraph (1) of subdivision (b) of, Section
5106877 may be liable civilly in an amount not to exceed five
6thousand dollars ($5,000) for each violation.

7

SEC. 5.  

Section 106879 is added to the Health and Safety Code,
8to read:

9

106879.  

(a) The state board may administratively impose civil
10liability pursuant to this article or, upon the request of the state
11board, the Attorney General may impose civil liability pursuant
12to this article in an action in superior court. The state board may
13impose civil liability administratively in accordance with Article
142.5 (commencing with Section 13323) of Chapter 5 of Division 7
15of the Water Code.

16(b) A remedy described in this article is in addition to, and does
17not supersede or limit, any other remedy, civil or criminal, except
18that civil liability may not be imposed both administratively and
19by the superior court for the same violation.

20

SEC. 6.  

Section 106880 of the Health and Safety Code is
21amended to read:

22

106880.  

The statebegin delete departmentend deletebegin insert boardend insert shall hold at least one
23examination each year for the purpose of examining candidates
24forbegin delete certification.end deletebegin insert water treatment operator certificates and water
25distribution operator certificates.end insert

26

SEC. 7.  

Section 106885 of the Health and Safety Code is
27amended to read:

28

106885.  

(a)  begin deleteAll persons who operate or supervise the operation
29of water treatment plants shall possess a valid and current end delete
begin insert(1) end insertbegin insertend insertbegin insertA
30person who operates a water treatment plant shall possess a valid,
31unexpired end insert
water treatment operator certificatebegin delete or water treatment
32operator-in-training certificateend delete
of appropriate grade in accordance
33with the regulationsbegin delete referred to inend deletebegin insert adopted pursuant toend insert Section
34106910.

begin insert

35(2)  A person who is in responsible charge of the water treatment
36plant shall possess a valid, unexpired water treatment operator
37certificate equal to or greater than the classification of the water
38treatment plant.

end insert

39(b)   begin deleteAll persons who are in responsible charge of the water
40distribution system of a community water system or a nontransient
P11   1noncommunity water system shall possess a valid and current end delete

2begin insert(1)end insertbegin insertend insertbegin insertA person who operates a water distribution system shall
3possess a valid, unexpiredend insert
water distribution operator certificate
4of the appropriate grade in accordance with the regulationsbegin delete referred
5to inend delete
begin insert adopted pursuant toend insert Section 106910.

begin insert

6(2)  A person who is in responsible charge of the water
7distribution system shall possess a valid, unexpired water
8distribution operator certificate equal to or greater than the
9classification of the water distribution system.

end insert
10

SEC. 8.  

Section 106890 of the Health and Safety Code is
11amended to read:

12

106890.  

begin insert(a)end insertbegin insertend insertIt is the intent of the Legislature that the program
13authorized pursuant to this article be entirely self-supporting, and
14for this purpose thebegin delete departmentend deletebegin insert state boardend insert is authorized to
15establish fee schedules for the issuance, replacement, reinstatement,
16continuing education, and renewal of certificates that shall provide
17revenues that shall not exceed the amount necessary, but shall be
18sufficient, to recover all costs incurred in the administration of this
19article.

begin insert

20(b) The state board may establish reduced fees for the issuance
21of, and renewal of, a water treatment operator certificate for
22applicants who hold a valid, unexpired water distribution operator
23certificate or a valid, unexpired wastewater certificate.

end insert
begin insert

24(c) The state board may establish reduced fees for the issuance
25of, and renewal of, a water distribution operator certificate for
26applicants who hold a valid, unexpired water treatment operator
27certificate or a valid, unexpired wastewater certificate.

end insert
begin insert

28(d) (1) The state board shall set the amount of total revenue
29collected each year through the fee schedules at an amount equal
30to the amount appropriated by the Legislature in the annual Budget
31Act from the Drinking Water Operator Certification Special
32Account for expenditure for the administration of this article,
33taking into account the reserves in the account. The state board
34shall review the fees each fiscal year and revise the fees as
35necessary to conform with the amounts appropriated by the
36Legislature. If the state board determines that the revenue collected
37during the preceding year was greater than, or less than, the
38amounts appropriated by the Legislature, the state board may
39further adjust the fees to compensate for the overcollection or
40undercollection of revenue.

end insert
begin insert

P12   1(2) The state board may adopt regulations pursuant to this
2section, including any subsequent adjustments to the fees or
3subsequent amendments to the regulations, as emergency
4regulations in accordance with Chapter 3.5 (commencing with
5Section 11340) of Part 1 of Division 3 of Title 2 of the Government
6Code. The adoption of these emergency regulations is an
7emergency and shall be considered by the Office of Administrative
8Law as necessary for the immediate preservation of the public
9peace, health, safety, and general welfare. Notwithstanding
10Chapter 3.5 (commencing with Section 11340) of Part 1 of Division
113 of Title 2 of the Government Code, any emergency regulations
12adopted by the state board, or any adjustment to the fees made by
13the state board pursuant to this section, shall remain in effect until
14revised by the state board.

end insert
15

SEC. 9.  

Section 106892 of the Health and Safety Code is
16amended to read:

17

106892.  

begin insert(a)end insertbegin insertend insertThere is in the State Treasury the Drinking Water
18Operator Certification Special Account.begin delete Fees collected pursuant
19to Section 106890 shall be deposited in the account created by this
20section.end delete
begin insert Moneys in the special account are available to the state
21board, upon appropriation by the Legislature, for the purposes of
22administering this article.end insert

begin insert

23(b) All of the following moneys shall be deposited in the
24Drinking Water Operator Certification Special Account:

end insert
begin insert

25(1) Any moneys made available by the Legislature for the
26purposes of the account.

end insert
begin insert

27(2) Fees collected pursuant to Section 106890.

end insert
begin insert

28(3) Notwithstanding Section 16305.7 of the Government Code,
29all interest earned upon moneys that are deposited in the account.

end insert
30

SEC. 10.  

Section 106895 of the Health and Safety Code is
31repealed.

begin delete
32

106895.  

(a)  A person employed as a water distribution
33operator, as defined by Section 116275, who does not hold a
34certificate pursuant to Section 106885, may be issued an
35appropriate certificate provided that the water system with which
36the operator is employed has applied for the certificate within one
37year after the adoption of the regulations implementing this section.

38(b)  A certificate issued pursuant to subdivision (a) shall be
39effective only at the site at which the operator was employed. The
40operator shall meet all certification requirements and hold a valid
P13   1certificate pursuant to Section 106885 in order to operate another
2system.

3(c)  If the classification of the distribution system changes to a
4higher level, the certificate of the water distribution operator that
5was issued pursuant to subdivision (a) for that water distribution
6system is no longer valid.

7(d)  Any water distribution operator who is certified under
8subdivision (a) shall meet all of the requirements for renewal,
9including necessary training and the payment of fees.

end delete
10

SEC. 11.  

Section 106896 of the Health and Safety Code is
11repealed.

begin delete
12

106896.  

The department shall evaluate the water distribution
13operator certification program of the California-Nevada Section
14of the American Water Works Association (CNAWWA) and issue
15an appropriate water distribution system operator certificate for
16those certified operators that have satisfied the provisions of this
17article and any regulations promulgated under this chapter.

end delete
18

SEC. 12.  

Section 106897 of the Health and Safety Code is
19repealed.

begin delete
20

106897.  

On or after the effective date of regulations
21implementing this article, certificates issued by certification
22programs of other states shall be recognized as valid and sufficient
23under this article if the department determines that the program of
24the other state is consistent with this article and the regulations
25promulgated under this article.

end delete
26

SEC. 13.  

Section 106897 is added to the Health and Safety
27Code
, to read:

28

106897.  

The state board shall issue a water treatment operator
29certificate and water distribution operator certificate by reciprocity
30to any person holding a valid, unexpired, comparable certification
31issued by another state, the United States, or a unit thereof. The
32state board may, by regulations, prescribe the procedures and
33requirements for issuing a water treatment operator certificate and
34water distribution operator certificate by reciprocity.

35

SEC. 14.  

Section 106898 is added to the Health and Safety
36Code
, to read:

37

106898.  

(a) The state board shall appoint an advisory
38committee to assist it in carrying out its responsibilities pursuant
39to this article. The advisory committee shall review all proposed
P14   1regulations and make recommendations to the state board before
2the adoption of a regulation or an amendment to a regulation.

3(b) The advisory committee shall consist of the following
4members:

5(1) Two persons from a statewide organization representing
6medium to large water systems.

7(2) Two persons from a statewide organization representing
8small water systems.

9(3) One person from a local primacy agency.

10(4) One person who is employed as an operator at a water
11recycling treatment plant.

12(5) One person from a university or a state university school or
13division of engineering.

14(6) One person who is a member of an organized labor union
15that represents water treatment operators and water distribution
16operators.

17(7) One person who is employed by an educational institution,
18professional association, public agency, or private agency to
19provide water treatment or water distribution courses of instruction.

20

SEC. 15.  

Section 106900 of the Health and Safety Code is
21amended to read:

22

106900.  

Thebegin delete departmentend deletebegin insert state boardend insert may approve courses of
23instruction provided by educational institutions, professional
24associations, public agencies, or private agencies for purposes of
25qualifying persons forbegin delete initial certification, certification renewal,
26and recertification asend delete
begin insert issuance of and renewal ofend insert a water treatment
27begin delete operator, water treatment operator-in-training,end deletebegin insert operator certificateend insert
28 or water distribution begin deleteoperator.end deletebegin insert operator certificate.end insert

29

SEC. 16.  

Section 106910 of the Health and Safety Code is
30amended to read:

31

106910.  

Thebegin delete departmentend deletebegin insert state boardend insert may adopt rules,
32regulations, and certification standards necessary to carry out the
33provisions of this article, pursuant to Chapter 3.5 (commencing
34with Section 11340) of Part 1 of Division 3 of Title 2 of the
35Government Code. The rules, regulations, and standards shall
36include, but not be limited to, the following:

37(a)  The classification ofbegin insert waterend insert treatment plants taking into
38consideration the plant size, character of the water being treated,
39type and degree of treatment, complexity of operation, and other
P15   1physical conditions affecting the operation of the water treatment
2plant.

3(b)  The classification of distribution systems of community
4water systems and nontransient noncommunity water systems
5taking into consideration the complexity and size of the system.

6(c)  Criteria and standards establishing the level of skill,
7knowledge, education, and experience necessary to operate
8successfullybegin delete or to supervise successfully the operation ofend delete specific
9classes of water treatment plants so as to protect public health.

10(d)  Criteria and standards establishing the level of skill,
11knowledge, and experience necessary to operate successfullybegin delete or
12to supervise successfully the operation ofend delete
specific classes of water
13distribution systems so as to protect the public health.

14(e)  begin insert(1)end insertbegin insertend insertCriteria and standards forbegin delete operator certification renewalend delete
15begin insert water treatment operator certificate and water distribution
16operator certificate renewal,end insert
including continuing education
17requirements.

begin insert

18(2)  The state board shall not renew any person’s water
19treatment operator certificate or water distribution operator
20certificate if that person does not meet all requirements for
21 certificate renewal.

end insert

22(f)  Criteria and standards forbegin delete recertification of an operatorend delete
23begin insert reinstatement of a water treatment operator certificate or water
24distribution operator certificateend insert
when thebegin delete operator’send delete certificate
25has lapsed.

26(g)  Criteria and standards for the availability of designated
27water treatmentbegin delete operatorsend deletebegin insert operator certificate holdersend insert for each
28operating shift.

29

SEC. 17.  

Section 116275 of the Health and Safety Code is
30amended to read:

31

116275.  

As used in this chapter:

32(a) “Contaminant” means any physical, chemical, biological,
33or radiological substance or matter in water.

34(b) “Department” means the state board.

35(c) “Primary drinking water standards” means:

36(1) Maximum levels of contaminants that, in the judgment of
37the state board, may have an adverse effect on the health of persons.

38(2) Specific treatment techniques adopted by the state board in
39lieu of maximum contaminant levels pursuant to subdivision (j)
40of Section 116365.

P16   1(3) The monitoring and reporting requirements as specified in
2regulations adopted by the state board that pertain to maximum
3contaminant levels.

4(d) “Secondary drinking water standards” means standards that
5specify maximum contaminant levels that, in the judgment of the
6state board, are necessary to protect the public welfare. Secondary
7drinking water standards may apply to any contaminant in drinking
8water that may adversely affect the odor or appearance of the water
9and may cause a substantial number of persons served by the public
10water system to discontinue its use, or that may otherwise adversely
11affect the public welfare. Regulations establishing secondary
12drinking water standards may vary according to geographic and
13other circumstances and may apply to any contaminant in drinking
14water that adversely affects the taste, odor, or appearance of the
15water when the standards are necessary to ensure a supply of pure,
16wholesome, and potable water.

17(e) “Human consumption” means the use of water for drinking,
18bathing or showering, hand washing, oral hygiene, or cooking,
19including, but not limited to, preparing food and washing dishes.

20(f) “Maximum contaminant level” means the maximum
21permissible level of a contaminant in water.

22(g) “Person” means an individual, corporation, company,
23association, partnership, limited liability company, municipality,
24public utility, or other public body or institution.

25(h) “Public water system” means a system for the provision of
26water for human consumption through pipes or other constructed
27conveyances that has 15 or more service connections or regularly
28serves at least 25 individuals daily at least 60 days out of the year.
29A public water system includes the following:

30(1) Any collection, treatment, storage, and distribution facilities
31under control of the operator of the system that are used primarily
32in connection with the system.

33(2) Any collection or pretreatment storage facilities not under
34the control of the operator that are used primarily in connection
35with the system.

36(3) Any water system that treats water on behalf of one or more
37public water systems for the purpose of rendering it safe for human
38consumption.

39(i) “Community water system” means a public water system
40that serves at least 15 service connections used by year-long
P17   1residents or regularly serves at least 25 year-long residents of the
2area served by the system.

3(j) “Noncommunity water system” means a public water system
4that is not a community water system.

5(k) “Nontransient noncommunity water system” means a public
6water system that is not a community water system and that
7regularly serves at least 25 of the same persons over six months
8per year.

9(l) “Local health officer” means a local health officer appointed
10pursuant to Section 101000 or a local comprehensive health agency
11designated by the board of supervisors pursuant to Section 101275
12to carry out the drinking water program.

13(m) “Significant rise in the bacterial count of water” means a
14rise in the bacterial count of water that the state board determines,
15by regulation, represents an immediate danger to the health of
16water users.

17(n) “State small water system” means a system for the provision
18of piped water to the public for human consumption that serves at
19least five, but not more than 14, service connections and does not
20regularly serve drinking water to more than an average of 25
21individuals daily for more than 60 days out of the year.

22(o) “Transient noncommunity water system” means a
23noncommunity water system that does not regularly serve at least
2425 of the same persons over six months per year.

25(p) “User” means a person using water for domestic purposes.
26User does not include a person processing, selling, or serving water
27or operating a public water system.

28(q) “Waterworks standards” means regulations adopted by the
29state board entitled “California Waterworks Standards” (Chapter
3016 (commencing with Section 64551) of Division 4 of Title 22 of
31the California Code of Regulations).

32(r) “Local primacy agency” means a local health officer that
33has applied for and received primacy delegation pursuant to Section
34116330.

35(s) “Service connection” means the point of connection between
36the customer’s piping or constructed conveyance, and the water
37system’s meter, service pipe, or constructed conveyance. A
38connection to a system that delivers water by a constructed
39conveyance other than a pipe shall not be considered a connection
P18   1in determining if the system is a public water system if any of the
2following apply:

3(1) The water is used exclusively for purposes other than
4residential uses, consisting of drinking, bathing, and cooking, or
5other similar uses.

6(2) The state board determines that alternative water to achieve
7the equivalent level of public health protection provided by the
8applicable primary drinking water regulation is provided for
9residential or similar uses for drinking and cooking.

10(3) The state board determines that the water provided for
11residential or similar uses for drinking, cooking, and bathing is
12centrally treated or treated at the point of entry by the provider, a
13passthrough entity, or the user to achieve the equivalent level of
14protection provided by the applicable primary drinking water
15regulations.

16(t) “Resident” means a person who physically occupies, whether
17by ownership, rental, lease, or other means, the same dwelling for
18at least 60 days of the year.

19(u) “Water treatment operator” means a person who has met
20the requirements for a specific water treatment operator grade
21pursuant to Section 106875.

begin delete

22(v) “Water treatment operator-in-training” means a person who
23has applied for and passed the written examination given by the
24state board but does not yet meet the experience requirements for
25a specific water treatment operator grade pursuant to Section
26106875.

27(w)

end delete

28begin insert(v)end insert “Water distribution operator” means a person who has met
29the requirements for a specific water distribution operator grade
30pursuant to Section 106875.

begin delete

31(x)

end delete

32begin insert(w)end insert “Water treatment plant” means a group or assemblage of
33structures, equipment, and processes that treats, blends, or
34conditions the water supply of a public waterbegin delete system for the
35purpose of meeting primary drinking water standards.end delete
begin insert system.end insert

begin delete

36(y)

end delete

37begin insert(x)end insert “Water distribution system” means any combination of pipes,
38tanks, pumps, and other physical features that deliver water from
39the source or water treatment plant to the consumer.

begin delete

40(z)

end delete

P19   1begin insert(y)end insert “Public health goal” means a goal established by the Office
2of Environmental Health Hazard Assessment pursuant to
3subdivision (c) of Section 116365.

begin delete

4(aa)

end delete

5begin insert(z)end insert “Small community water system” means a community water
6system that serves no more than 3,300 service connections or a
7year-long population of no more than 10,000 persons.

begin delete

8(ab)

end delete

9begin insert(aa)end insert “Disadvantaged community” means the entire service area
10of a community water system, or a community therein, in which
11the median household income is less than 80 percent of the
12statewide average.

begin delete

13(ac)

end delete

14begin insert(ab)end insert “State board” means the State Water Resources Control
15Board.

begin delete

16(ad)

end delete

17begin insert(ac)end insert “Deputy director” means the deputy director appointed by
18the state board pursuant to subdivision (k) of Section 116271.

19

SEC. 18.  

Section 116555 of the Health and Safety Code is
20amended to read:

21

116555.  

(a)  Any person who owns a public water system shall
22ensure that the system does all of the following:

23(1)  Complies with primary and secondary drinking water
24standards.

25(2)  Will not be subject to backflow under normal operating
26conditions.

27(3)  Provides a reliable and adequate supply of pure, wholesome,
28healthful, and potable water.

29(4)  Employs or utilizes only water treatment operatorsbegin delete or water
30treatment operators-in-trainingend delete
that have been certified by the
31begin delete departmentend deletebegin insert state boardend insert at the appropriate grade.

32(5)  Complies with the operator certification program established
33pursuant tobegin delete Chapter 4end deletebegin insert Article 3end insert (commencing with Section 106875).

34(b)  Any person who owns a community water system or a
35nontransient noncommunity water system shall do all of the
36following:

37(1)  Employ or utilize only water distribution system operators
38who have been certified by thebegin delete departmentend deletebegin insert state boardend insert at the
39appropriate grade for positions in responsible charge of the
40distribution system.

P20   1(2)  Place the direct supervision of the water system, including
2water treatment plants, water distribution systems, or both under
3the responsible charge of an operator or operators holding a valid
4certification equal to or greater than the classification of the
5treatment plant and the distribution system.

6

SEC. 19.  

Section 13625 of the Water Code is amended to read:

7

13625.  

As used in this chapter unless the context otherwise
8requires, the following definitions apply:

begin insert

9(a) “Chief plant operator” means the person designated by the
10owner of the wastewater treatment plant as the person responsible
11for the overall operation of the wastewater treatment plant,
12including compliance with effluent limitations established in the
13wastewater treatment plant’s waste discharge requirements.

end insert
begin insert

14(b) “Operates” means actions or decisions to control
15performance or outcome of one or more wastewater treatment
16processes and includes the supervision of any other person who
17acts or makes decisions to control the performance or outcome of
18one or more wastewater treatment processes.

end insert
begin delete

19(a) “Certificate ”

end delete

20begin insert(c)end insertbegin insertend insertbegin insert“Wastewater certificate”end insert means a certificate of competency
21issued by the state board stating thatbegin delete the supervisor or operatorend deletebegin insert a
22personend insert
has met the requirementsbegin insert to be certifiedend insert for a specific
23classificationbegin insert and grade levelend insert in the certification program.

begin delete

24(b)

end delete

25begin insert(d)end insertbegin insert(1)end insertbegin insertend insert“Wastewater treatment plant” means any of the
26following:

begin delete

27(1)

end delete

28begin insert(A)end insert Any facility owned by a state, local, or federal agency and
29used in the treatment or reclamation of sewage or industrial wastes.

begin delete

30(2)

end delete

31begin insert(B)end insert Any privately owned facility used in the treatment or
32reclamation of sewage or industrial wastes, and regulated by the
33Public Utilities Commission pursuant to Sections 216 and 230.6
34of, and Chapter 4 (commencing with Section 701) of Part 1 of
35Division 1 of, the Public Utilities Code.

begin delete

36(3)

end delete

37begin insert(C)end insert Any privately owned facility used primarily in the treatment
38or reclamation of sewage for which the state board or a regional
39board has issued waste discharge requirements.

begin delete

P21   1(c) “Operator” means any person who operates a wastewater
2treatment plant.

end delete
begin delete

3(d) “Supervisor” means any person who has direct responsibility
4for the operation of a wastewater treatment plant or who supervises
5any operators of a wastewater treatment plant.

end delete
begin insert

6(2) “Wastewater treatment plant” does not include onsite
7sewage treatment systems as defined in Section 13290.

end insert
begin insert

8(e) “Wastewater treatment process” means a process that
9improves the quality of wastewater before it is discharged from a
10wastewater treatment plant and includes all of the following:

end insert
begin insert

11(1) Use of preliminary, primary, pond, secondary, or tertiary
12treatment for liquid-solids separation of wastewater.

end insert
begin insert

13(2) Use of disinfection to inactivate or destroy pathogens in
14wastewater.

end insert
begin insert

15(3) Use of solids treatment for solids stabilization and volume
16reduction before removal from the wastewater treatment plant
17site.

end insert
begin insert

18(f) “Water treatment operator certificate” has the same meaning
19as defined in Section 106876 of the Health and Safety Code.

end insert
begin insert

20(g) “Water recycling treatment plant” means a wastewater
21treatment plant that further treats secondary or tertiary effluent,
22or both, for the purpose of meeting the uniform statewide recycling
23criteria established pursuant to Section 13521 for the use of
24recycled water.

end insert
25

SEC. 20.  

Section 13626 of the Water Code is amended to read:

26

13626.  

The state board shall classify types ofbegin delete waste waterend delete
27begin insert wastewaterend insert treatment plants for the purpose of determining the
28levels of competence necessary to operate them. The state board
29shall adopt regulations setting forth the types of plants and the
30factors on which the state board based its classification.

31

SEC. 21.  

Section 13627 of the Water Code is amended to read:

32

13627.  

(a) begin deleteSupervisors and operators of those wastewater
33treatment plants described in paragraph (1) or (2) of subdivision
34(b) of Section 13625 end delete
begin insertExcept as provided in Section 13625.1 and
35subdivision (b), a person who operates a wastewater treatment
36plant end insert
shall possess abegin insert valid, unexpired wastewaterend insert certificate ofbegin insert theend insert
37 appropriate grade.begin delete Subject to the approval of regulations by the
38state board, supervisors and operators of those wastewater treatment
39plants described in paragraph (3) of subdivision (b) of Section
4013625 shall possess certificates of the appropriate grade. Allend delete

begin insert

P22   1(b) A person who operates a water recycling treatment plant
2may comply with subdivision (a) by possessing a valid, unexpired
3water treatment operator certificate of the appropriate grade.

end insert

4begin insert(c)end insertbegin insertend insertbegin insertAll wastewaterend insert certificates shall be issued in accordance
5begin delete with, and to the extent recommended by the advisory committee
6and required by,end delete
begin insert withend insert regulations adopted by the state board. The
7state board shall develop and specify in its regulations the training
8necessary to qualify abegin delete supervisor or operator for certificationend deletebegin insert person
9for a wastewater certificateend insert
for each type and class of plant. The
10state board may accept experience in lieu of qualification training.
11begin delete For supervisors and operators of water recycling treatment plants,
12the state board may approve use of a water treatment plant operator
13of appropriate grade certified by the State Department of Public
14Health pursuant to Article 3 (commencing with Section 106875)
15of Chapter 4 of Part 1 of Division 104 of the Health and Safety
16Code in lieu of a wastewater treatment plant operator certified by
17the state board, provided that the state board may refuse to approve
18use of an operator certified by the department or may suspend or
19revoke its approval of the use of an operator certified by the
20department if the operator commits any of the prohibited acts
21described in Article 7 (commencing with Section 3710) of Chapter
2226 of Division 3 of Title 23 of the California Code of Regulations.end delete

begin delete

23(b) The regional water quality control board, with jurisdiction
24for issuing and ensuring compliance with applicable water
25reclamation or waste discharge requirements, shall notify the
26department in writing if, pursuant to an inspection conducted under
27Section 13267, the regional board makes a determination that there
28are reasonable grounds for not issuing, or for suspending or
29revoking, the certificate of a certified water treatment plant operator
30who is operating or supervising the operation of a water recycling
31treatment plant. The department shall make its determination
32regarding the issuance, suspension, or revocation of a certificate
33in accordance with Section 106876 of the Health and Safety Code.

34(c) For purposes of this section, “water recycling treatment
35plant” means a treatment plant that receives and further treats
36secondary or tertiary effluent, or both, from a wastewater treatment
37plant.

38(d) A person employed as a wastewater treatment plant
39supervisor or operator on the effective date of regulations adopted
40pursuant to this chapter shall be issued an appropriate certificate
P23   1if the person meets the training, education, and experience
2requirements prescribed by regulations.

3(e)

end delete

4begin insert(end insertbegin insertd)end insert The state board may refuse to grant, suspend, or revoke any
5begin insert wastewaterend insert certificatebegin delete issued by the state board to operate a
6wastewater treatment plant,end delete
or may place on probation, or
7reprimand, the certificate holder upon any reasonable ground,
8including, but not limited to, all of the following reasons:

9(1) Submitting false or misleading information on an application
10for abegin delete certificate.end deletebegin insert wastewater certificate or an examination for a
11wastewater certificate.end insert

12(2) The employment of fraud or deception in the course of
13operating the wastewater treatment plant.

14(3) Abegin insert wastewaterend insert certificate holder’s failure to use reasonable
15care or judgment in the operation of the plant.

16(4) Abegin insert wastewaterend insert certificate holder’s inability to perform
17operating duties properly.

18(5) Willfully or negligently violating, or causing, or allowing
19the violation of, waste discharge requirements or permits issued
20pursuant to thebegin delete Federal Water Pollution Controlend deletebegin insert Clean Waterend insert Act
21(33 U.S.C. Sec. 1251 etbegin delete seq.).end deletebegin insert seq.) or this division.end insert

begin insert

22(6) Engaging in dishonest conduct during an examination for
23a wastewater certificate.

end insert
begin delete

24(f)

end delete

25begin insert(end insertbegin inserte)end insert The state board shall conduct all proceedings for the refusal
26to grant abegin insert wastewaterend insert certificate, and suspension or revocation of
27a certificate, pursuant to subdivisionbegin delete (e),end deletebegin insert (d),end insert in accordance with
28the rules adopted pursuant to Section 185.

29

SEC. 22.  

Section 13627.1 of the Water Code is amended to
30read:

31

13627.1.  

(a) Any person whobegin delete operates a wastewater treatment
32plant who does not hold a valid, unexpired certificate of the
33appropriate grade issued pursuant to this chapterend delete
begin insert commits either
34of the following violationsend insert
is guilty of a misdemeanor and may be
35liable civilly in an amount not to exceed one hundred dollars ($100)
36for each day ofbegin delete violation.end deletebegin insert violation:end insert

begin delete

37(b) Any person or entity that owns or operatesemploys, or allows
38the employment of, any person as a wastewater treatment plant
39operator who does not hold a valid and unexpired certificate of
40the appropriate grade issued pursuant to this chapter is guilty of a
P24   1misdemeanor and may be liable civilly in an amount not to exceed
2one hundred dollars ($100) for each day of violation.

end delete
begin insert

3(1) Operates a wastewater treatment plant that is not a water
4recycling treatment plant but does not hold a valid, unexpired
5wastewater certificate of the appropriate grade issued pursuant
6to this chapter.

end insert
begin insert

7(2) Operates a water recycling treatment plant but does not
8hold either a valid, unexpired wastewater certificate of the
9appropriate grade issued pursuant to this chapter or a valid,
10unexpired water treatment operator certificate of the appropriate
11grade.

end insert
begin insert

12(b) Any person or entity who commits either of the following
13violations is guilty of a misdemeanor and may be liable civilly in
14an amount not to exceed one hundred dollars ($100) for each day
15of violation:

end insert
begin insert

16(1) Owns or operates a wastewater treatment plant that is not
17a water recycling treatment plant that employs, or allows the
18employment of, any person who operates the wastewater treatment
19plant but does not hold a valid, unexpired wastewater certificate
20of the appropriate grade issued pursuant to this chapter.

end insert
begin insert

21(2) Owns or operates a water recycling treatment plant that
22employs, or allows the employment of, any person who operates
23the water recycling treatment plant but does not hold a valid,
24unexpired wastewater certificate of the appropriate grade issued
25pursuant to this chapter or a valid, unexpired water treatment
26operator certificate of the appropriate grade.

end insert

27(c) Any person who commits any of the acts listed in paragraph
28(2), (3),begin delete or (5)end deletebegin insert (5), or (6)end insert of subdivisionbegin delete (e)end deletebegin insert (d)end insert of Section 13627
29or paragraph (3) or (5) of subdivision (c) of Sectionbegin delete 13627.3, or
30who engages in dishonest conduct during an examination for
31certification,end delete
begin insert 13627.3end insert may be liable civilly in an amount not to
32exceed five thousand dollars ($5,000) for each violation.

33

SEC. 23.  

Section 13627.2 of the Water Code is amended to
34read:

35

13627.2.  

Any person who submits to the state board false or
36misleading information on an application for abegin delete certificateend delete
37begin insert wastewater certificate, on an application for an examination for
38a wastewater certificate,end insert
or on an application for registration may
39be liable civilly in an amount not to exceed five thousand dollars
40($5,000) for each violation.

P25   1

SEC. 24.  

Section 13627.3 of the Water Code is amended to
2read:

3

13627.3.  

(a) Any person or entity that contracts with the owner
4of a wastewater treatment plant to operate that plant shall register
5with the state board, and shall, within a year after the registration
6or the renewal of the registration, and annually thereafter, prepare
7and submit to the state board a report with all of the following
8information:

9(1) The name and address of the person or entity.

10(2) The name and address of the wastewater treatment plants
11begin delete whichend deletebegin insert thatend insert the person or entity operates, or has operated during
12the preceding year, and the name of the applicable regional board
13begin delete whichend deletebegin insert thatend insert oversees each wastewater treatment plant.

14(3) The name and grade of each wastewater treatment plant
15operator employed at each plant.

16(4) Other informationbegin delete whichend deletebegin insert thatend insert the state board requires.

17(b) The state board shall, by regulation, prescribe the procedures,
18and requirements for, registration pursuant to subdivision (a).

19(c) The state board may refuse to grant, and may suspend or
20revoke, any registration issued by the state board pursuant to this
21section for good cause, including, but not limited to, any of the
22following reasons:

23(1) The submission of false or misleading information on an
24application for registration.

25(2) begin insert(A)end insertbegin insertend insertEmployment of a person to operate a wastewater
26treatment plantbegin insert that is not a water recycling treatment plantend insert who
27does not hold a valid, unexpiredbegin insert wastewaterend insert certificate of the
28appropriate grade.

begin insert

29(B) Employment of a person to operate a water recycling
30treatment plant who does not hold either a valid, unexpired
31wastewater certificate of the appropriate grade issued pursuant
32to this chapter or a valid, unexpired water treatment operator
33certificate of the appropriate grade.

end insert

34(3) Willfully or negligently causing or allowing a violation of
35waste discharge requirements or permits issued pursuant to the
36Clean Water Act (33 U.S.C. Sec. 1251 etbegin delete seq.).end deletebegin insert seq.) or this
37division.end insert

38(4) Failure to meet the registration requirements prescribed by
39the state board pursuant to subdivision (b).

P26   1(5) Failure to use reasonable care in the management or
2operation of the wastewater treatment plant.

3(d) The state board shall conduct all proceedings relating to the
4refusal to grant, or the suspension or revocation of, registration
5pursuant to subdivision (c) in accordance with the rules adopted
6pursuant to Section 185.

7(e) The state board shall establish a fee schedule to pay for its
8costs to implement this section.

9(f) Any person or entity that fails to comply with subdivision
10(a) is guilty of a misdemeanor and may be civilly liable in an
11amount not to exceed one thousand dollars ($1,000) for each day
12of the violation.

13

SEC. 25.  

Section 13627.5 of the Water Code is repealed.

begin delete
14

13627.5.  

(a) Any operator employed at a wastewater treatment
15plant described in paragraph (3) of subdivision (b) of Section 13625
16shall pass any written examination that may be administered by
17the state board. Upon passage of the examination, the operator
18shall be credited with one year of experience for purposes of
19operator certification.

20(b) The state board may charge a reasonable fee for
21administering this section.

end delete
22

SEC. 26.  

Section 13627.6 is added to the Water Code, to read:

23

13627.6.  

The state board, by regulation, shall prescribe the
24procedures and requirements for designation of a person as the
25chief plant operator and the duties that a chief plant operator is
26required to perform.

27

SEC. 27.  

Section 13628 of the Water Code is amended to read:

28

13628.  

begin deleteCertificates end deletebegin insert(a)end insertbegin insertend insertbegin insertWastewater certificates end insertissuedbegin insert or
29renewedend insert
pursuant to this chapterbegin insert on or after January 1, 2017,end insert shall
30be renewedbegin delete biennially,end deletebegin insert triennially,end insert subject to compliance by
31applicants with renewal requirements prescribed by regulations.
32begin delete Feesend delete

33begin insert(b)end insertbegin insertend insertbegin insertFeesend insert shall be payable to the state board at the time of
34issuance of abegin insert wastewaterend insert certificate and at the time of renewal.
35The state board shall establish a fee schedule to provide revenues
36begin delete to cover the costend deletebegin insert that shall not exceed the amount necessary, but
37shall be sufficient, to recover all the costsend insert
of this program.

begin insert

38(c) The state board may establish reduced fees for the issuance
39or renewal of a wastewater certificate for applicants who hold a
P27   1valid, unexpired water treatment operator certificate or a valid,
2unexpired water distribution operator certificate.

end insert
begin insert

3(d) The state board shall set the amount of total revenue
4collected each year through the fee schedules established pursuant
5to this chapter at an amount equal to the amount appropriated by
6the Legislature in the annual Budget Act from the Wastewater
7Operator Certification Fund for expenditure for the administration
8of this chapter, taking into account the reserves in the fund. The
9state board shall review the fees each fiscal year and revise the
10fees as necessary to conform with the amounts appropriated by
11the Legislature. If the state board determines that the revenue
12collected during the preceding year was greater than, or less than,
13the amounts appropriated by the Legislature, the state board may
14further adjust the fees to compensate for the overcollection or
15undercollection of the revenue.

end insert
begin insert

16(e) The state board may adopt regulations pursuant to this
17section, including any subsequent adjustments to the fees or
18subsequent amendments to the regulations, as emergency
19regulations in accordance with Chapter 3.5 (commencing with
20Section 11340) of Part 1 of Division 3 of Title 2 of the Government
21Code. The adoption of these emergency regulations is an
22emergency and shall be considered by the Office of Administrative
23Law as necessary for the immediate preservation of the public
24peace, health, safety, and general welfare. Notwithstanding
25Chapter 3.5 (commencing with Section 11340) of Part 1 of Division
263 of Title 2 of the Government Code, any emergency regulations
27adopted by the state board, or any adjustment to the fees made by
28the state board pursuant to this section, shall remain in effect until
29revised by the state board.

end insert
30

SEC. 28.  

Section 13628.5 of the Water Code is amended to
31read:

32

13628.5.  

(a) The Wastewater Operator Certification Fund is
33hereby created in the State Treasury.

34(b) All of the following moneys shall be deposited in the
35Wastewater Operator Certification Fund:

begin delete

36(1) Money appropriated by the Legislature for deposit in the
37fund.

end delete
begin insert

38(1) Any moneys made available by the Legislature for the
39purposes of the fund.

end insert

40(2) Fees collected pursuant to this chapter.

P28   1(3) Notwithstanding Section 16305.7 of the Government Code,
2all interest earned upon moneys that are deposited in the fund.

3(c) The state board may expend the moneys in the Wastewater
4Operator Certification Fund, upon appropriation by the Legislature,
5for purposes of administering this chapter.

6

SEC. 29.  

Section 13629 of the Water Code is amended to read:

7

13629.  

The state board may approve courses of instruction at
8higher educational institutionsbegin delete whichend deletebegin insert thatend insert will qualify operators
9for each grade of certification. The state board shall also approve
10courses of instruction given by professional associations, or other
11begin delete nonprofitend delete private or public agenciesbegin delete whichend deletebegin insert thatend insert shall be deemed
12equivalent to courses of instruction given by higher educational
13institutions.

14

SEC. 30.  

Section 13632 of the Water Code is amended to read:

15

13632.  

The advisory committee appointed pursuant to Section
1613631 shall consist of the following:

17(a) Two persons from a statewide organization representing
18begin delete waste waterend deletebegin insert wastewaterend insert treatment plant operatorsbegin delete and supervisors,end delete
19 who shall be employedbegin delete in a waste waterend deletebegin insert at a wastewaterend insert treatment
20plant asbegin delete an operator or supervisor.end deletebegin insert operators.end insert

21(b) Two persons from statewide organizations representing
22municipalities, including counties or private utilitybegin delete waste waterend delete
23begin insert wastewaterend insert treatment plants.

24(c) Two persons from statewide organizations representing local
25sanitation agencies, other than agencies specified in subdivision
26(b).

27(d) One person who isbegin delete a professional engineer specializing in
28sanitary engineering.end delete
begin insert employed as an operator at a water recycling
29 treatment plant.end insert

30(e) One person from a university or a state university school or
31division of engineering.

32(f) One person who is a member of an organized labor union
33begin delete whichend deletebegin insert thatend insert representsbegin delete waste waterend deletebegin insert wastewaterend insert treatment plant
34operators.

35

SEC. 31.  

No reimbursement is required by this act pursuant to
36Section 6 of Article XIII B of the California Constitution because
37the only costs that may be incurred by a local agency or school
38district will be incurred because this act creates a new crime or
39infraction, eliminates a crime or infraction, or changes the penalty
40for a crime or infraction, within the meaning of Section 17556 of
P29   1the Government Code, or changes the definition of a crime within
2the meaning of Section 6 of Article XIII B of the California
3Constitution.



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