Amended in Assembly April 21, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2890

Introduced by Committee on Environmental Safety and Toxic Materials (Assembly Members Alejo (Chair), begin delete Gonzalez, end delete begin insert Lopez, end insert 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 amended, 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:

SECTION 1.  

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

106875.  

(a)  The state board shall examine and certify persons
as to their qualifications to operate water treatment plants. The
certification shall indicate the classification of water treatment
plant that the person is qualified to operate.

(b)  The state board shall examine and certify persons as to their
qualifications to operate a water distribution system. The
certification shall indicate the classification of distribution system
that the person is qualified to operate.

SEC. 2.  

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

106877.  

(a)  The state board may suspend, revoke, or refuse
to grant or renew any water treatment operator certificate to operate
a water treatment plant or may place on probation or reprimand
the certificate holder upon any reasonable grounds, including, but
not limited to, any of the following:

(1)  The submission of false or misleading information on an
application for a water treatment operator certificate or an
examination for a water treatment operator certificate.

(2)  The use of fraud or deception in the course of operating a
water treatment plant or a water recycling treatment plant.

(3)  The failure to use reasonable care or judgment in the
operation of a water treatment plant or a water recycling treatment
plant.

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

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

(6)  The conduct of willful or negligent acts that cause or allow
the violation of the federal Safe Drinking Water Act (Subchapter
XII (commencing with Section 300f) of Chapter 6A of Title 42 of
the United States Code), the California Safe Drinking Water Act
(Chapter 4 (commencing with Section 116270) of Part 12), or the
regulations and standards adopted pursuant to either act.

(7)  Willfully or negligently violating or causing or allowing
the violation of waste discharge requirements or permits issued
pursuant to the Clean Water Act (33 U.S.C. Sec. 1251 et seq.) or
the Porter-Cologne Water Quality Control Act (Division 7
(commencing with Section 13000) of the Water Code) while
operating a water recycling treatment plant.

(b)  The state board may suspend, revoke, or refuse to grant or
renew any water distribution operator certificate to operate a water
distribution system or may place on probation or reprimand the
certificate holder upon any reasonable grounds, including, but not
limited to, any of the following:

(1)  The submission of false or misleading information on an
application for a water distribution operator certificate or an
examination for a water distribution operator certificate.

(2)  The use of fraud or deception in the course of operating a
water distribution system.

(3)  The failure to use reasonable care of judgment in the
operation of a water distribution system.

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

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

(6)  The conduct of willful or negligent acts that cause or allow
the violation of the federal Safe Drinking Water Act (Subchapter
XII (commencing with Section 300f) of Chapter 6A of Title 42 of
the United States Code), the California Safe Drinking Water Act
(Chapter 4 (commencing with Section 116270) of Part 12), or the
regulations and standards adopted pursuant to either act.

(c)  Prior to suspension or revocation of a valid operator
certificate, the state board shall provide the certificate holder with
an opportunity for a hearing before the state board, in accordance
with rules adopted pursuant to Section 185 of the Water Code.

SEC. 3.  

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

106876.  

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) Aeration.

(2) Blending.

(3) Chemical addition.

(4) Contaminant removal.

(5) Conventional treatment.

(6) Demineralization.

(7) Disinfection.

(8) Filtration.

(9) Fluoridation.

(10) Ion exchange.

(11) pH adjustment.

(12) Pre- and post-treatment.

(13) Reverse osmosis.

SEC. 4.  

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

106878.  

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

(1) Operates a water treatment plant but does not hold a valid,
unexpired water treatment operator certificate of the appropriate
grade in accordance with regulations adopted pursuant to Section
106910.

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

(b) (1) Any person or entity who is in responsible charge of a
water treatment plant and allows the employment of any person
as a water treatment operator who does not hold a valid, unexpired
water treatment operator certificate of the appropriate grade in
accordance with the regulations adopted pursuant to Section
106910 is guilty of a misdemeanor and may be liable civilly in an
amount not to exceed one hundred dollars ($100) for each day of
violation.

(2) Any person or entity who is in responsible charge of a water
distribution system and allows the employment of any person as
a water distribution operator who does not hold a valid, unexpired
water distribution operator certificate of the appropriate grade in
accordance with the regulations adopted pursuant to Section
106910 is guilty of a misdemeanor and may be liable civilly in an
amount not to exceed one hundred dollars ($100) for each day of
violation.

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

(d) Any person that commits an act described in paragraph (1)
of subdivision (a) of, or paragraph (1) of subdivision (b) of, Section
106877 may be liable civilly in an amount not to exceed five
thousand dollars ($5,000) for each violation.

SEC. 5.  

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

106879.  

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

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

SEC. 6.  

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

106880.  

The state board shall hold at least one examination
each year for the purpose of examining candidates for water
treatment operator certificates and water distribution operator
certificates.

SEC. 7.  

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

106885.  

(a)  (1)  A person who operates a water treatment
plant shall possess a valid, unexpired water treatment operator
certificate of appropriate grade in accordance with the regulations
adopted pursuant to Section 106910.

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

(b)  (1) A person who operates a water distribution system shall
possess a valid, unexpired water distribution operator certificate
of the appropriate grade in accordance with the regulations adopted
pursuant to Section 106910.

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

SEC. 8.  

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

106890.  

(a) It is the intent of the Legislature that the program
authorized pursuant to this article be entirely self-supporting, and
for this purpose the state board is authorized to establish fee
schedules for the issuance, replacement, reinstatement, continuing
education, and renewal of certificates that shall provide revenues
that shall not exceed the amount necessary, but shall be sufficient,
to recover all costs incurred in the administration of this article.

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

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

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

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

SEC. 9.  

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

106892.  

(a) There is in the State Treasury the Drinking Water
Operator Certification Special Account. Moneys in the special
account are available to the state board, upon appropriation by the
Legislature, for the purposes of administering this article.

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

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

(2) Fees collected pursuant to Section 106890.

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

SEC. 10.  

Section 106895 of the Health and Safety Code is
repealed.

SEC. 11.  

Section 106896 of the Health and Safety Code is
repealed.

SEC. 12.  

Section 106897 of the Health and Safety Code is
repealed.

SEC. 13.  

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

106897.  

The state board shall 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. The
state board may, by regulations, prescribe the procedures and
requirements for issuing a water treatment operator certificate and
water distribution operator certificate by reciprocity.

SEC. 14.  

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

106898.  

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

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

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

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

(3) One person from a local primacy agency.

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

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

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

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

SEC. 15.  

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

106900.  

The state board may approve courses of instruction
provided by educational institutions, professional associations,
public agencies, or private agencies for purposes of qualifying
persons for issuance of and renewal of a water treatment operator
certificate or water distribution operator certificate.

SEC. 16.  

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

106910.  

The state board may adopt rules, regulations, and
certification standards necessary to carry out the provisions of this
article, pursuant to Chapter 3.5 (commencing with Section 11340)
of Part 1 of Division 3 of Title 2 of the Government Code. The
rules, regulations, and standards shall include, but not be limited
to, the following:

(a)  The classification of water treatment plants taking into
consideration the plant size, character of the water being treated,
type and degree of treatment, complexity of operation, and other
physical conditions affecting the operation of the water treatment
plant.

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

(c)  Criteria and standards establishing the level of skill,
knowledge, education, and experience necessary to operate
successfully specific classes of water treatment plants so as to
protect public health.

(d)  Criteria and standards establishing the level of skill,
knowledge, and experience necessary to operate successfully
specific classes of water distribution systems so as to protect the
public health.

(e)  (1) Criteria and standards for water treatment operator
certificate and water distribution operator certificate renewal,
including continuing education requirements.

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

(f)  Criteria and standards for reinstatement of a water treatment
operator certificate or water distribution operator certificate when
the certificate has lapsed.

(g)  Criteria and standards for the availability of designated
water treatment operator certificate holders for each operating
shift.

SEC. 17.  

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

116275.  

As used in this chapter:

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

(b) “Department” means the state board.

(c) “Primary drinking water standards” means:

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

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

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

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

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

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

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

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

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

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

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

(i) “Community water system” means a public water system
that serves at least 15 service connections used by begin delete year-long end delete
begin insert yearlong end insert residents or regularly serves at least 25 begin delete year-long end delete begin insert yearlong end insert
residents of the area served by the system.

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

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

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

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

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

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

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

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

(r) “Local primacy agency” means a local health officer that
has applied for and received primacy delegation pursuant to Section
116330.

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

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

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

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

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

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

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

(w) “Water treatment plant” means a group or assemblage of
structures, equipment, and processes that treats, blends, or
conditions the water supply of a public water system.

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

(y) “Public health goal” means a goal established by the Office
of Environmental Health Hazard Assessment pursuant to
subdivision (c) of Section 116365.

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

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

(ab) “State board” means the State Water Resources Control
Board.

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

SEC. 18.  

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

116555.  

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

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

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

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

(4)  Employs or utilizes only water treatment operators that have
been certified by the state board at the appropriate grade.

(5)  Complies with the operator certification program established
pursuant to Article 3 (commencing with Section 106875).

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

(1)  Employ or utilize only water distribution system operators
who have been certified by the state board at the appropriate grade
for positions in responsible charge of the distribution system.

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

SEC. 19.  

Section 13625 of the Water Code is amended to read:

13625.  

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

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

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

(c) “Wastewater certificate” means a certificate of competency
issued by the state board stating that a person has met the
requirements to be certified for a specific classification and grade
level in the certification program. begin insert At a minimum, wastewater
certificate classifications shall include operators and
operators-in-training. end insert

(d) (1) “Wastewater treatment plant” means any of the
following:

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

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

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

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

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

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

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

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

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

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

SEC. 20.  

Section 13626 of the Water Code is amended to read:

13626.  

The state board shall classify types of wastewater
treatment plants for the purpose of determining the levels of
competence necessary to operate them. The state board shall adopt
regulations setting forth the types of plants and the factors on which
the state board based its classification.

SEC. 21.  

Section 13627 of the Water Code is amended to read:

13627.  

(a) Except as provided in Section 13625.1 and
subdivision (b), a person who operates a wastewater treatment
plant shall possess a valid, unexpired wastewater certificate of the
appropriate grade.

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

(c) All wastewater certificates shall be issued in accordance
with regulations adopted by the state board. The state board shall
develop and specify in its regulations the training necessary to
qualify a person for a wastewater certificate for each type and class
of plant. The state board may accept experience in lieu of
qualification training.

(d) The state board may refuse to grant, suspend, or revoke any
wastewater certificate or may place on probation, or reprimand,
the certificate holder upon any reasonable ground, including, but
not limited to, all of the following reasons:

(1) Submitting false or misleading information on an application
for a wastewater certificate or an examination for a wastewater
certificate.

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

(3) A wastewater certificate holder’s failure to use reasonable
care or judgment in the operation of the plant.

(4) A wastewater certificate holder’s inability to perform
operating duties properly.

(5) Willfully or negligently violating, or causing, or allowing
the violation of, waste discharge requirements or permits issued
pursuant to the Clean Water Act (33 U.S.C. Sec. 1251 et seq.) or
this division.

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

(e) The state board shall conduct all proceedings for the refusal
to grant a wastewater certificate, and suspension or revocation of
a certificate, pursuant to subdivision (d), in accordance with the
rules adopted pursuant to Section 185.

SEC. 22.  

Section 13627.1 of the Water Code is amended to
read:

13627.1.  

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

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

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

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

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

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

(c) Any person who commits any of the acts listed in paragraph
(2), (3), (5), or (6) of subdivision (d) of Section 13627 or paragraph
(3) or (5) of subdivision (c) of Section 13627.3 may be liable civilly
in an amount not to exceed five thousand dollars ($5,000) for each
violation.

SEC. 23.  

Section 13627.2 of the Water Code is amended to
read:

13627.2.  

Any person who submits to the state board false or
misleading information on an application for a wastewater
certificate, on an application for an examination for a wastewater
certificate, or on an application for registration may be liable civilly
in an amount not to exceed five thousand dollars ($5,000) for each
violation.

SEC. 24.  

Section 13627.3 of the Water Code is amended to
read:

13627.3.  

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

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

(2) The name and address of the wastewater treatment plants
that the person or entity operates, or has operated during the
preceding year, and the name of the applicable regional board that
oversees each wastewater treatment plant.

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

(4) Other information that the state board requires.

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

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

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

(2) (A) Employment of a person to operate a wastewater
treatment plant that is not a water recycling treatment plant who
does not hold a valid, unexpired wastewater certificate of the
appropriate grade.

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

(3) Willfully or negligently causing or allowing a violation of
waste discharge requirements or permits issued pursuant to the
Clean Water Act (33 U.S.C. Sec. 1251 et seq.) or this division.

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

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

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

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

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

SEC. 25.  

Section 13627.5 of the Water Code is repealed.

SEC. 26.  

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

13627.6.  

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

SEC. 27.  

Section 13628 of the Water Code is amended to read:

13628.  

(a) Wastewater certificates issued or renewed pursuant
to this chapter on or after January 1, 2017, shall be renewed
triennially, subject to compliance by applicants with renewal
requirements prescribed by regulations.

(b) Fees shall be payable to the state board at the time of
issuance of a wastewater certificate and at the time of renewal.
The state board shall establish a fee schedule to provide revenues
that shall not exceed the amount necessary, but shall be sufficient,
to recover all the costs of this program.

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

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

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

SEC. 28.  

Section 13628.5 of the Water Code is amended to
read:

13628.5.  

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

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

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

(2) Fees collected pursuant to this chapter.

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

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

SEC. 29.  

Section 13629 of the Water Code is amended to read:

13629.  

The state board may approve courses of instruction at
higher educational institutions that will qualify operators for each
grade of certification. The state board shall also approve courses
of instruction given by professional associations, or other private
or public agencies that shall be deemed equivalent to courses of
instruction given by higher educational institutions.

SEC. 30.  

Section 13632 of the Water Code is amended to read:

13632.  

The advisory committee appointed pursuant to Section
13631 shall consist of the following:

(a) Two persons from a statewide organization representing
wastewater treatment plant operators who shall be employed at a
wastewater treatment plant as operators.

(b) Two persons from statewide organizations representing
municipalities, including counties or private utility wastewater
treatment plants.

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

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

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

(f) One person who is a member of an organized labor union
that represents wastewater treatment plant operators.

SEC. 31.  

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