Amended in Senate May 25, 2016

Amended in Assembly May 9, 2016

Amended in Assembly April 21, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2890


Introduced by Committee on Environmental Safety and Toxic Materials (Assembly Members Alejo (Chair),begin insert Arambula,end insert Lopez,begin delete McCarty, and Tingend deletebegin insert and McCartyend insert)

begin insert

(Coauthor: Assembly Member Ting)

end insert

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, prescribed territories or tribal governments, or a unit of any of these.

(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 9 persons.

This bill would add a 10th person to the advisory committee, 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) The state board shall examine and certify persons
4as to their qualifications to operate water treatment plants. The
5certification shall indicate the classification of water treatment
6plant that the person is qualified to operate.

7(b) The state board shall examine and certify persons as to their
8qualifications to operate a water distribution system. The
9certification shall indicate the classification of distribution system
10that the person is qualified to operate.

11

SEC. 2.  

Section 106876 of the Health and Safety Code is
12amended and renumbered to read:

13

106877.  

(a) The state board may suspend, revoke, or refuse
14to grant or renew any water treatment operator certificate to operate
15a water treatment plant or may place on probation or reprimand
16the certificate holder upon any reasonable grounds, including, but
17not limited to, any of the following:

P6    1(1) The submission of false or misleading information on an
2application for a water treatment operator certificate or an
3examination for a water treatment operator certificate.

4(2) The use of fraud or deception in the course of operating a
5water treatment plant or a water recycling treatment plant.

6(3) The failure to use reasonable care or judgment in the
7operation of a water treatment plant or a water recycling treatment
8plant.

9(4) The inability to perform operating duties properly in a water
10treatment plant or a water recycling treatment plant.

11(5) Engaging in dishonest conduct during an examination for a
12water treatment operator certificate.

13(6) The conduct of willful or negligent acts that cause or allow
14the violation of the federal Safe Drinking Water Act (Subchapter
15XII (commencing with Section 300f) of Chapter 6A of Title 42 of
16the United States Code), the California Safe Drinking Water Act
17(Chapter 4 (commencing with Section 116270) of Part 12), or the
18 regulations and standards adopted pursuant to either act.

19(7) Willfully or negligently violating or causing or allowing the
20violation of waste discharge requirements or permits issued
21pursuant to the Clean Water Act (33 U.S.C. Sec. 1251 et seq.) or
22the Porter-Cologne Water Quality Control Act (Division 7
23(commencing with Section 13000) of the Water Code) while
24operating a water recycling treatment plant.

25(b) The state board may suspend, revoke, or refuse to grant or
26renew any water distribution operator certificate to operate a water
27distribution system or may place on probation or reprimand the
28certificate holder upon any reasonable grounds, including, but not
29limited to, any of the following:

30(1) The submission of false or misleading information on an
31application for a water distribution operator certificate or an
32examination for a water distribution operator certificate.

33(2) The use of fraud or deception in the course of operating a
34water distribution system.

35(3) The failure to use reasonable care of judgment in the
36operation of a water distribution system.

37(4) The inability to perform operating duties properly in a water
38distribution system.

39(5) Engaging in dishonest conduct during an examination for a
40water distribution operator certificate.

P7    1(6) The conduct of willful or negligent acts that cause or allow
2the violation of the federal Safe Drinking Water Act (Subchapter
3XII (commencing with Section 300f) of Chapter 6A of Title 42 of
4the United States Code), the California Safe Drinking Water Act
5(Chapter 4 (commencing with Section 116270) of Part 12), or the
6regulations and standards adopted pursuant to either act.

7(c) Prior to suspension or revocation of a valid operator
8certificate, the state board shall provide the certificate holder with
9an opportunity for a hearing before the state board, in accordance
10with rules adopted pursuant to Section 185 of the Water Code.

11

SEC. 3.  

Section 106876 is added to the Health and Safety Code,
12to read:

13

106876.  

As used in this article, unless the context otherwise
14requires, the following definitions apply:

15(a) “Community water system” has the same meaning as defined
16in Section 116275.

17(b) “Local primacy agency” has the same meaning as defined
18in Section 116275.

19(c) “Nontransient noncommunity water system” has the same
20meaning as defined in Section 116275.

21(d) “Operates a water distribution system” means actions or
22decisions to control the quality or quantity of drinking water in a
23water distribution system and includes both of the following:

24(1) Supervision of other persons operating a water distribution
25system.

26(2) Any activity designated by the state board, in its regulations
27to implement this article, as an activity that may only be performed
28by a person with a water distribution operator certificate.

29(e) “Operates a water treatment plant” means actions or
30decisions to control the performance of one or more drinking water
31treatment processes and includes both of the following:

32(1) Supervision of other persons operating a water treatment
33plant.

34(2) Any activity designated by the state board, in its regulations
35to implement this article, as an activity that may only be performed
36by a person with a water treatment operator certificate.

37(f) “Wastewater certificate” has the same meaning as defined
38in Section 13625 of the Water Code.

39(g) “Wastewater treatment plant” has the same meaning as
40defined in Section 13625 of the Water Code.

P8    1(h) “Water distribution operator certificate” means a certificate
2of competency issued by the state board stating that a person has
3met the requirements to be certified to operate a water distribution
4system for a specified grade level.

5(i) “Water distribution system” has the same meaning as defined
6in Section 116275.

7(j) “Water recycling treatment plant” has the same meaning as
8defined in Section 13625 of the Water Code.

9(k) “Water treatment operator certificate” means a certificate
10of competency issued by the state board stating that a person has
11met the requirements to be certified to operate a water treatment
12plant for abegin delete specifiedend deletebegin insert specific classification andend insert grade level.

13(l) “Water treatment plant” has the same meaning as defined in
14Section 116275.

15(m) “Water treatment process” means a process that improves
16the physical, chemical, biological, or radiological quality of water
17in order to render the water acceptable for use as drinking water
18and includes all of the following:

19(1) Aeration.

20(2) Blending.

21(3) Chemical addition.

22(4) Contaminant removal.

23(5) Conventional treatment.

24(6) Demineralization.

25(7) Disinfection.

26(8) Filtration.

27(9) Fluoridation.

28(10) Ion exchange.

29(11) pH adjustment.

30(12) Pre- and post-treatment.

31(13) Reverse osmosis.

32

SEC. 4.  

Section 106878 is added to the Health and Safety Code,
33to read:

34

106878.  

(a) Any person who commits either of the following
35violations is guilty of a misdemeanor and may be liable civilly in
36an amount not to exceed one hundred dollars ($100) for each day
37of violation:

38(1) Operates a water treatment plant but does not hold a valid,
39unexpired water treatment operator certificate of the appropriate
P9    1grade in accordance with regulations adopted pursuant to Section
2106910.

3(2) Operates a water distribution system but does not hold a
4valid, unexpired water distribution operator certificate of the
5appropriate grade in accordance with the regulations adopted
6pursuant to Section 106910.

7(b) (1) Any person or entity who is in responsible charge of a
8water treatment plant and allows the employment of any person
9as a water treatment operator who does not hold a valid, unexpired
10water treatment operator certificate of the appropriate grade in
11accordance with the regulations adopted pursuant to Section
12106910 is guilty of a misdemeanor and may be liable civilly in an
13amount not to exceed one hundred dollars ($100) for each day of
14violation.

15(2) Any person or entity who is in responsible charge of a water
16distribution system and allows the employment of any person as
17a water distribution operator who does not hold a valid, unexpired
18water distribution operator certificate of the appropriate grade in
19accordance with the regulations adopted pursuant to Section
20106910 is guilty of a misdemeanor and may be liable civilly in an
21amount not to exceed one hundred dollars ($100) for each day of
22violation.

23(c) Any person or entity that commits an act described in
24paragraph (2), (3), (5), or (6) of subdivision (a) of, or paragraph
25(2), (3), (5), or (6) of subdivision (b) of, Section 106877, may be
26liable civilly in an amount not to exceed five thousand dollars
27($5,000) for each violation.

28(d) Any person that commits an act described in paragraph (1)
29of subdivision (a) of, or paragraph (1) of subdivision (b) of, Section
30106877 may be liable civilly in an amount not to exceed five
31thousand dollars ($5,000) for each violation.

32

SEC. 5.  

Section 106879 is added to the Health and Safety Code,
33to read:

34

106879.  

(a) The state board may administratively impose civil
35liability pursuant to this article or, upon the request of the state
36board, the Attorney General may impose civil liability pursuant
37to this article in an action in superior court. The state board may
38impose civil liability administratively in accordance with Article
392.5 (commencing with Section 13323) of Chapter 5 of Division 7
40of the Water Code.

P10   1(b) A remedy described in this article is in addition to, and does
2not supersede or limit, any other remedy, civil or criminal, except
3that civil liability may not be imposed both administratively and
4by the superior court for the same violation.

5

SEC. 6.  

Section 106880 of the Health and Safety Code is
6amended to read:

7

106880.  

The state board shall hold at least one examination
8each year for the purpose of examining candidates for water
9treatment operator certificates and water distribution operator
10certificates.

11

SEC. 7.  

Section 106885 of the Health and Safety Code is
12amended to read:

13

106885.  

(a) (1) A person who operates a water treatment plant
14shall possess a valid, unexpired water treatment operator certificate
15of appropriate grade in accordance with the regulations adopted
16pursuant to Section 106910.

17(2) A person who is in responsible charge of the water treatment
18plant shall possess a valid, unexpired water treatment operator
19certificate equal to or greater than the classification of the water
20treatment plant.

21(b) (1) A person who operates a water distribution system shall
22possess a valid, unexpired water distribution operator certificate
23of the appropriate grade in accordance with the regulations adopted
24pursuant to Section 106910.

25(2) A person who is in responsible charge of the water
26distribution system shall possess a valid, unexpired water
27distribution operator certificate equal to or greater than the
28classification of the water distribution system.

29

SEC. 8.  

Section 106890 of the Health and Safety Code is
30amended to read:

31

106890.  

(a) It is the intent of the Legislature that the program
32authorized pursuant to this article be entirely self-supporting, and
33for this purpose the state board is authorized to establish fee
34schedules for the issuance, replacement, reinstatement, continuing
35education, and renewal of certificates that shall provide revenues
36that shall not exceed the amount necessary, but shall be sufficient,
37to recover all costs incurred in the administration of this article.

38(b) The state board may establish reduced fees for the issuance
39of, and renewal of, a water treatment operator certificate for
P11   1applicants who hold a valid, unexpired water distribution operator
2certificate or a valid, unexpired wastewater certificate.

3(c) The state board may establish reduced fees for the issuance
4of, and renewal of, a water distribution operator certificate for
5applicants who hold a valid, unexpired water treatment operator
6certificate or a valid, unexpired wastewater certificate.

7(d) (1) The state board shall set the amount of total revenue
8collected each year through the fee schedules at an amount equal
9to the amount appropriated by the Legislature in the annual Budget
10Act from the Drinking Water Operator Certification Special
11Account for expenditure for the administration of this article, taking
12into account the reserves in the account. The state board shall
13review the fees each fiscal year and revise the fees as necessary
14to conform with the amounts appropriated by the Legislature. If
15the state board determines that the revenue collected during the
16preceding year was greater than, or less than, the amounts
17appropriated by the Legislature, the state board may further adjust
18the fees to compensate for the overcollection or undercollection
19of revenue.

20(2) The state board may adopt regulations pursuant to this
21section, including any subsequent adjustments to the fees or
22subsequent amendments to the regulations, as emergency
23regulations in accordance with Chapter 3.5 (commencing with
24Section 11340) of Part 1 of Division 3 of Title 2 of the Government
25Code. The adoption of these emergency regulations is an
26emergency and shall be considered by the Office of Administrative
27Law as necessary for the immediate preservation of the public
28peace, health, safety, and general welfare. Notwithstanding Chapter
293.5 (commencing with Section 11340) of Part 1 of Division 3 of
30Title 2 of the Government Code, any emergency regulations
31adopted by the state board, or any adjustment to the fees made by
32the state board pursuant to this section, shall remain in effect until
33revised by the state board.

34

SEC. 9.  

Section 106892 of the Health and Safety Code is
35amended to read:

36

106892.  

(a) There is in the State Treasury the Drinking Water
37Operator Certification Special Account. Moneys in the special
38account are available to the state board, upon appropriation by the
39Legislature, for the purposes of administering this article.

P12   1(b) All of the following moneys shall be deposited in the
2Drinking Water Operator Certification Special Account:

3(1) Any moneys made available by the Legislature for the
4purposes of the account.

5(2) Fees collected pursuant to Section 106890.

6(3) Notwithstanding Section 16305.7 of the Government Code,
7all interest earned upon moneys that are deposited in the account.

8

SEC. 10.  

Section 106895 of the Health and Safety Code is
9repealed.

10

SEC. 11.  

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

12

SEC. 12.  

Section 106897 of the Health and Safety Code is
13repealed.

14

SEC. 13.  

Section 106897 is added to the Health and Safety
15Code
, to read:

16

106897.  

The state board shall issue a water treatment operator
17certificate and water distribution operator certificate by reciprocity
18to any person holding a valid, unexpired, comparable certification
19issued by another state, the United States, a territory or tribal
20government that has been designated as the primacy agency by
21the United States Environmental Protection Agency, or a unit of
22any of these. The state board may, by regulations, prescribe the
23procedures and requirements for issuing a water treatment operator
24certificate and water distribution operator certificate by reciprocity.

25

SEC. 14.  

Section 106898 is added to the Health and Safety
26Code
, to read:

27

106898.  

(a) The state board shall appoint an advisory
28committee to assist it in carrying out its responsibilities pursuant
29to this article. The advisory committee shall review all proposed
30regulations and make recommendations to the state board before
31the adoption of a regulation or an amendment to a regulation.

32(b) The advisory committee shall consist of the following
33members:

34(1) Two persons from a statewide organization representing
35medium to large water systems.

36(2) Two persons from a statewide organization representing
37small water systems.

38(3) One person from a local primacy agency.

39(4) One person who is employed as an operator at a water
40recycling treatment plant.

P13   1(5) One person from an educational institution’s school or
2division of engineering.

3(6) One person who is a member of an organized labor union
4that represents water treatment operators and water distribution
5operators.

6(7) One person who is employed by an educational institution,
7professional association, public agency, or private agency to
8provide water treatment or water distribution courses of instruction.

9(8) One person who is a professional engineer specializing in
10sanitary engineering.

11

SEC. 15.  

Section 106900 of the Health and Safety Code is
12amended to read:

13

106900.  

The state board may approve courses of instruction
14provided by educational institutions, professional associations,
15public agencies, or private agencies for purposes of qualifying
16persons for issuance of and renewal of a water treatment operator
17certificate or water distribution operator certificate.

18

SEC. 16.  

Section 106910 of the Health and Safety Code is
19amended to read:

20

106910.  

The state board may adopt rules, regulations, and
21certification standards necessary to carry out the provisions of this
22article, pursuant to Chapter 3.5 (commencing with Section 11340)
23of Part 1 of Division 3 of Title 2 of the Government Code. The
24rules, regulations, and standards shall include, but not be limited
25to, the following:

26(a) The classification of water treatment plants taking into
27consideration the plant size, character of the water being treated,
28type and degree of treatment, complexity of operation, and other
29physical conditions affecting the operation of the water treatment
30plant.

31(b) The classification of distribution systems of community
32water systems and nontransient noncommunity water systems
33taking into consideration the complexity and size of the system.

34(c) Criteria and standards establishing the level of skill,
35knowledge, education, and experience necessary to operate
36successfully specific classes of water treatment plants so as to
37protect public health.

38(d)  Criteria and standards establishing the level of skill,
39knowledge, and experience necessary to operate successfully
P14   1 specific classes of water distribution systems so as to protect the
2public health.

3(e) (1) Criteria and standards for water treatment operator
4certificate and water distribution operator certificate renewal,
5including continuing education requirements.

6(2) The state board shall not renew any person’s water treatment
7operator certificate or water distribution operator certificate if that
8person does not meet all requirements for certificate renewal.

9(f) Criteria and standards for reinstatement of a water treatment
10operator certificate or water distribution operator certificate when
11the certificate has lapsed.

12(g) Criteria and standards for the availability of designated water
13treatment operator certificate holders for each operating shift.

14

SEC. 17.  

Section 116275 of the Health and Safety Code is
15amended to read:

16

116275.  

As used in this chapter:

17(a) “Contaminant” means any physical, chemical, biological,
18or radiological substance or matter in water.

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

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

21(1) Maximum levels of contaminants that, in the judgment of
22the state board, may have an adverse effect on the health of persons.

23(2) Specific treatment techniques adopted by the state board in
24lieu of maximum contaminant levels pursuant to subdivision (j)
25of Section 116365.

26(3) The monitoring and reporting requirements as specified in
27regulations adopted by the state board that pertain to maximum
28contaminant levels.

29(d) “Secondary drinking water standards” means standards that
30specify maximum contaminant levels that, in the judgment of the
31state board, are necessary to protect the public welfare. Secondary
32drinking water standards may apply to any contaminant in drinking
33water that may adversely affect the odor or appearance of the water
34and may cause a substantial number of persons served by the public
35water system to discontinue its use, or that may otherwise adversely
36affect the public welfare. Regulations establishing secondary
37drinking water standards may vary according to geographic and
38other circumstances and may apply to any contaminant in drinking
39water that adversely affects the taste, odor, or appearance of the
P15   1water when the standards are necessary to ensure a supply of pure,
2wholesome, and potable water.

3(e) “Human consumption” means the use of water for drinking,
4bathing or showering, hand washing, oral hygiene, or cooking,
5including, but not limited to, preparing food and washing dishes.

6(f) “Maximum contaminant level” means the maximum
7permissible level of a contaminant in water.

8(g) “Person” means an individual, corporation, company,
9association, partnership, limited liability company, municipality,
10public utility, or other public body or institution.

11(h) “Public water system” means a system for the provision of
12water for human consumption through pipes or other constructed
13conveyances that has 15 or more service connections or regularly
14serves at least 25 individuals daily at least 60 days out of the year.
15A public water system includes the following:

16(1) Any collection, treatment, storage, and distribution facilities
17under control of the operator of the system that are used primarily
18in connection with the system.

19(2) Any collection or pretreatment storage facilities not under
20the control of the operator that are used primarily in connection
21with the system.

22(3) Any water system that treats water on behalf of one or more
23public water systems for the purpose of rendering it safe for human
24consumption.

25(i) “Community water system” means a public water system
26that serves at least 15 service connections used by yearlong
27residents or regularly serves at least 25 yearlong residents of the
28area served by the system.

29(j) “Noncommunity water system” means a public water system
30that is not a community water system.

31(k) “Nontransient noncommunity water system” means a public
32water system that is not a community water system and that
33regularly serves at least 25 of the same persons over six months
34per year.

35(l) “Local health officer” means a local health officer appointed
36pursuant to Section 101000 or a local comprehensive health agency
37designated by the board of supervisors pursuant to Section 101275
38to carry out the drinking water program.

39(m) “Significant rise in the bacterial count of water” means a
40rise in the bacterial count of water that the state board determines,
P16   1by regulation, represents an immediate danger to the health of
2water users.

3(n) “State small water system” means a system for the provision
4of piped water to the public for human consumption that serves at
5least five, but not more than 14, service connections and does not
6regularly serve drinking water to more than an average of 25
7individuals daily for more than 60 days out of the year.

8(o) “Transient noncommunity water system” means a
9noncommunity water system that does not regularly serve at least
1025 of the same persons over six months per year.

11(p) “User” means a person using water for domestic purposes.
12User does not include a person processing, selling, or serving water
13or operating a public water system.

14(q) “Waterworks standards” means regulations adopted by the
15state board entitled “California Waterworks Standards” (Chapter
1616 (commencing with Section 64551) of Division 4 of Title 22 of
17the California Code of Regulations).

18(r) “Local primacy agency” means a local health officer that
19has applied for and received primacy delegation pursuant to Section
20116330.

21(s) “Service connection” means the point of connection between
22the customer’s piping or constructed conveyance, and the water
23system’s meter, service pipe, or constructed conveyance. A
24connection to a system that delivers water by a constructed
25conveyance other than a pipe shall not be considered a connection
26in determining if the system is a public water system if any of the
27following apply:

28(1) The water is used exclusively for purposes other than
29residential uses, consisting of drinking, bathing, and cooking, or
30other similar uses.

31(2) The state board determines that alternative water to achieve
32the equivalent level of public health protection provided by the
33applicable primary drinking water regulation is provided for
34residential or similar uses for drinking and cooking.

35(3) The state board determines that the water provided for
36residential or similar uses for drinking, cooking, and bathing is
37centrally treated or treated at the point of entry by the provider, a
38passthrough entity, or the user to achieve the equivalent level of
39protection provided by the applicable primary drinking water
40regulations.

P17   1(t) “Resident” means a person who physically occupies, whether
2by ownership, rental, lease, or other means, the same dwelling for
3at least 60 days of the year.

4(u) “Water treatment operator” means a person who has met
5the requirements for a specific water treatment operator grade
6pursuant to Section 106875.

7(v) “Water distribution operator” means a person who has met
8the requirements for a specific water distribution operator grade
9pursuant to Section 106875.

10(w) “Water treatment plant” means a group or assemblage of
11structures, equipment, and processes that treats, blends, or
12conditions the water supply of a public water system.

13(x) “Water distribution system” means any combination of pipes,
14tanks, pumps, and other physical features that deliver water from
15the source or water treatment plant to the consumer.

16(y) “Public health goal” means a goal established by the Office
17of Environmental Health Hazard Assessment pursuant to
18subdivision (c) of Section 116365.

19(z) “Small community water system” means a community water
20system that serves no more than 3,300 service connections or a
21yearlong population of no more than 10,000 persons.

22(aa) “Disadvantaged community” means the entire service area
23of a community water system, or a community therein, in which
24the median household income is less than 80 percent of the
25statewide average.

26(ab) “State board” means the State Water Resources Control
27Board.

28(ac) “Deputy director” means the deputy director appointed by
29the state board pursuant to subdivision (k) of Section 116271.

30

SEC. 18.  

Section 116555 of the Health and Safety Code is
31amended to read:

32

116555.  

(a) Any person who owns a public water system shall
33ensure that the system does all of the following:

34(1) Complies with primary and secondary drinking water
35standards.

36(2) Will not be subject to backflow under normal operating
37conditions.

38(3)  Provides a reliable and adequate supply of pure, wholesome,
39healthful, and potable water.

P18   1(4) Employs or utilizes only water treatment operators that have
2been certified by the state board at the appropriate grade.

3(5) Complies with the operator certification program established
4pursuant to Article 3 (commencing with Section 106875).

5(b) Any person who owns a community water system or a
6nontransient noncommunity water system shall do all of the
7following:

8(1) Employ or utilize only water distribution system operators
9who have been certified by the state board at the appropriate grade
10for positions in responsible charge of the distribution system.

11(2) Place the direct supervision of the water system, including
12water treatment plants, water distribution systems, or both under
13the responsible charge of an operator or operators holding a valid
14certification equal to or greater than the classification of the
15treatment plant and the distribution system.

16

SEC. 19.  

Section 13625 of the Water Code is amended to read:

17

13625.  

As used in this chapter unless the context otherwise
18requires, the following definitions apply:

19(a) “Chief plant operator” means the person designated by the
20owner of the wastewater treatment plant as the person responsible
21for the overall operation of the wastewater treatment plant,
22including compliance with effluent limitations established in the
23wastewater treatment plant’s waste discharge requirements.

24(b) “Operates” means actions or decisions to control
25performance or outcome of one or more wastewater treatment
26processes and includes the supervision of any other person who
27acts or makes decisions to control the performance or outcome of
28one or more wastewater treatment processes.

29(c) “Wastewater certificate” means a certificate of competency
30issued by the state board stating that a person has met the
31requirements to be certified for a specific classification and grade
32level in the certification program. At a minimum, wastewater
33certificate classifications shall include operators and
34operators-in-training.

35(d) (1) “Wastewater treatment plant” means any of the
36following:

37(A) Any facility owned by a state, local, or federal agency and
38used in the treatment or reclamation of sewage or industrial wastes.

39(B) Any privately owned facility used in the treatment or
40reclamation of sewage or industrial wastes, and regulated by the
P19   1Public Utilities Commission pursuant to Sections 216 and 230.6
2of, and Chapter 4 (commencing with Section 701) of Part 1 of
3Division 1 of, the Public Utilities Code.

4(C) Any privately owned facility used primarily in the treatment
5or reclamation of sewage for which the state board or a regional
6board has issued waste discharge requirements.

7(2) “Wastewater treatment plant” does not include onsite sewage
8treatment systems as regulated under an order issued by the state
9board in accordance with Section 13290.

10(e) “Wastewater treatment process” means a process that
11improves the quality of wastewater before it is discharged from a
12wastewater treatment plant and includes all of the following:

13(1) Use of preliminary, primary, pond, secondary, or tertiary
14treatment for liquid-solids separation of wastewater.

15(2) Use of disinfection to inactivate or destroy pathogens in
16wastewater.

17(3) Use of solids treatment for solids stabilization and volume
18reduction before removal from the wastewater treatment plant site.

19(f) “Water treatment operator certificate” has the same meaning
20as defined in Section 106876 of the Health and Safety Code.

21(g) “Water recycling treatment plant” means a wastewater
22treatment plant that further treats secondary or tertiary effluent, or
23both, for the purpose of meeting the uniform statewide recycling
24criteria established pursuant to Section 13521 for the use of
25recycled water.

26

SEC. 20.  

Section 13626 of the Water Code is amended to read:

27

13626.  

The state board shall classify types of wastewater
28treatment plants for the purpose of determining the levels of
29competence necessary to operate them. The state board shall adopt
30regulations setting forth the types of plants and the factors on which
31the state board based its classification.

32

SEC. 21.  

Section 13627 of the Water Code is amended to read:

33

13627.  

(a) Except as provided in Section 13625.1 and
34subdivision (b), a person who operates a wastewater treatment
35plant shall possess a valid, unexpired wastewater certificate of the
36appropriate grade.

37(b) A person who operates a water recycling treatment plant
38may comply with subdivision (a) by possessing a valid, unexpired
39water treatment operator certificate of the appropriate grade.

P20   1(c) All wastewater certificates shall be issued in accordance
2with regulations adopted by the state board. The state board shall
3develop and specify in its regulations the training necessary to
4qualify a person for a wastewater certificate for each type and class
5of plant. The state board may accept experience in lieu of
6qualification training.

7(d) The state board may refuse to grant, suspend, or revoke any
8wastewater certificate or may place on probation, or reprimand,
9the certificate holder upon any reasonable ground, including, but
10not limited to, all of the following reasons:

11(1) Submitting false or misleading information on an application
12for a wastewater certificate or an examination for a wastewater
13certificate.

14(2) The employment of fraud or deception in the course of
15operating the wastewater treatment plant.

16(3) A wastewater certificate holder’s failure to use reasonable
17care or judgment in the operation of the plant.

18(4) A wastewater certificate holder’s inability to perform
19operating duties properly.

20(5) Willfully or negligently violating, or causing, or allowing
21the violation of, waste discharge requirements or permits issued
22pursuant to the Clean Water Act (33 U.S.C. Sec. 1251 et seq.) or
23this division.

24(6) Engaging in dishonest conduct during an examination for a
25wastewater certificate.

26(e) The state board shall conduct all proceedings for the refusal
27to grant a wastewater certificate, and suspension or revocation of
28a certificate, pursuant to subdivision (d), in accordance with the
29rules adopted pursuant to Section 185.

30

SEC. 22.  

Section 13627.1 of the Water Code is amended to
31read:

32

13627.1.  

(a) Any person who commits either of the following
33violations is guilty of a misdemeanor and may be liable civilly in
34an amount not to exceed one hundred dollars ($100) for each day
35of violation:

36(1) Operates a wastewater treatment plant that is not a water
37recycling treatment plant but does not hold a valid, unexpired
38wastewater certificate of the appropriate grade issued pursuant to
39this chapter.

P21   1(2) Operates a water recycling treatment plant but does not hold
2either a valid, unexpired wastewater certificate of the appropriate
3grade issued pursuant to this chapter or a valid, unexpired water
4treatment operator certificate of the appropriate grade.

5(b) Any person or entity who commits either of the following
6violations is guilty of a misdemeanor and may be liable civilly in
7an amount not to exceed one hundred dollars ($100) for each day
8of violation:

9(1) Owns or operates a wastewater treatment plant that is not a
10water recycling treatment plant that employs, or allows the
11employment of, any person who operates the wastewater treatment
12plant but does not hold a valid, unexpired wastewater certificate
13of the appropriate grade issued pursuant to this chapter.

14(2) Owns or operates a water recycling treatment plant that
15employs, or allows the employment of, any person who operates
16the water recycling treatment plant but does not hold a valid,
17unexpired wastewater certificate of the appropriate grade issued
18pursuant to this chapter or a valid, unexpired water treatment
19operator certificate of the appropriate grade.

20(c) Any person who commits any of the acts listed in paragraph
21(2), (3), (5), or (6) of subdivision (d) of Section 13627 or paragraph
22(3) or (5) of subdivision (c) of Section 13627.3 may be liable civilly
23in an amount not to exceed five thousand dollars ($5,000) for each
24violation.

25

SEC. 23.  

Section 13627.2 of the Water Code is amended to
26read:

27

13627.2.  

Any person who submits to the state board false or
28misleading information on an application for a wastewater
29certificate, on an application for an examination for a wastewater
30certificate, or on an application for registration may be liable civilly
31in an amount not to exceed five thousand dollars ($5,000) for each
32violation.

33

SEC. 24.  

Section 13627.3 of the Water Code is amended to
34read:

35

13627.3.  

(a) Any person or entity that contracts with the owner
36of a wastewater treatment plant to operate that plant shall register
37with the state board, and shall, within a year after the registration
38or the renewal of the registration, and annually thereafter, prepare
39and submit to the state board a report with all of the following
40information:

P22   1(1) The name and address of the person or entity.

2(2) The name and address of the wastewater treatment plants
3that the person or entity operates, or has operated during the
4preceding year, and the name of the applicable regional board that
5oversees each wastewater treatment plant.

6(3) The name and grade of each wastewater treatment plant
7operator employed at each plant.

8(4) Other information that the state board requires.

9(b) The state board shall, by regulation, prescribe the procedures,
10and requirements for, registration pursuant to subdivision (a).

11(c) The state board may refuse to grant, and may suspend or
12revoke, any registration issued by the state board pursuant to this
13section for good cause, including, but not limited to, any of the
14following reasons:

15(1) The submission of false or misleading information on an
16application for registration.

17(2) (A) Employment of a person to operate a wastewater
18treatment plant that is not a water recycling treatment plant who
19does not hold a valid, unexpired wastewater certificate of the
20appropriate grade.

21(B) Employment of a person to operate a water recycling
22treatment plant who does not hold either a valid, unexpired
23wastewater certificate of the appropriate grade issued pursuant to
24this chapter or a valid, unexpired water treatment operator
25certificate of the appropriate grade.

26(3) Willfully or negligently causing or allowing a violation of
27waste discharge requirements or permits issued pursuant to the
28Clean Water Act (33 U.S.C. Sec. 1251 et seq.) or this division.

29(4) Failure to meet the registration requirements prescribed by
30the state board pursuant to subdivision (b).

31(5) Failure to use reasonable care in the management or
32 operation of the wastewater treatment plant.

33(d) The state board shall conduct all proceedings relating to the
34refusal to grant, or the suspension or revocation of, registration
35pursuant to subdivision (c) in accordance with the rules adopted
36pursuant to Section 185.

37(e) The state board shall establish a fee schedule to pay for its
38costs to implement this section.

39(f) Any person or entity that fails to comply with subdivision
40(a) is guilty of a misdemeanor and may be civilly liable in an
P23   1amount not to exceed one thousand dollars ($1,000) for each day
2of the violation.

3

SEC. 25.  

Section 13627.5 of the Water Code is repealed.

4

SEC. 26.  

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

5

13627.6.  

The state board, by regulation, shall prescribe the
6procedures and requirements for designation of a person as the
7chief plant operator and the duties that a chief plant operator is
8required to perform.

9

SEC. 27.  

Section 13628 of the Water Code is amended to read:

10

13628.  

(a) Wastewater certificates issued or renewed pursuant
11to this chapter on or after January 1, 2017, shall be renewed
12triennially, subject to compliance by applicants with renewal
13requirements prescribed by regulations.

14(b) Fees shall be payable to the state board at the time of
15issuance of a wastewater certificate and at the time of renewal.
16The state board shall establish a fee schedule to provide revenues
17that shall not exceed the amount necessary, but shall be sufficient,
18to recover all the costs of this program.

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

23(d) The state board shall set the amount of total revenue
24collected each year through the fee schedules established pursuant
25to this chapter at an amount equal to the amount appropriated by
26the Legislature in the annual Budget Act from the Wastewater
27Operator Certification Fund for expenditure for the administration
28of this chapter, taking into account the reserves in the fund. The
29state board shall review the fees each fiscal year and revise the
30fees as necessary to conform with the amounts appropriated by
31the Legislature. If the state board determines that the revenue
32collected during the preceding year was greater than, or less than,
33the amounts appropriated by the Legislature, the state board may
34further adjust the fees to compensate for the overcollection or
35undercollection of the revenue.

36(e) The state board may adopt regulations pursuant to this
37section, including any subsequent adjustments to the fees or
38subsequent amendments to the regulations, as emergency
39regulations in accordance with Chapter 3.5 (commencing with
40Section 11340) of Part 1 of Division 3 of Title 2 of the Government
P24   1Code. The adoption of these emergency regulations is an
2emergency and shall be considered by the Office of Administrative
3Law as necessary for the immediate preservation of the public
4peace, health, safety, and general welfare. Notwithstanding Chapter
53.5 (commencing with Section 11340) of Part 1 of Division 3 of
6Title 2 of the Government Code, any emergency regulations
7adopted by the state board, or any adjustment to the fees made by
8the state board pursuant to this section, shall remain in effect until
9revised by the state board.

10

SEC. 28.  

Section 13628.5 of the Water Code is amended to
11read:

12

13628.5.  

(a) The Wastewater Operator Certification Fund is
13hereby created in the State Treasury.

14(b) All of the following moneys shall be deposited in the
15Wastewater Operator Certification Fund:

16(1) Any moneys made available by the Legislature for the
17purposes of the fund.

18(2) Fees collected pursuant to this chapter.

19(3) Notwithstanding Section 16305.7 of the Government Code,
20all interest earned upon moneys that are deposited in the fund.

21(c) The state board may expend the moneys in the Wastewater
22Operator Certification Fund, upon appropriation by the Legislature,
23for purposes of administering this chapter.

24

SEC. 29.  

Section 13629 of the Water Code is amended to read:

25

13629.  

The state board may approve courses of instruction at
26higher educational institutions that will qualify operators for each
27grade of certification. The state board shall also approve courses
28of instruction given by professional associations, or other private
29or public agencies that shall be deemed equivalent to courses of
30instruction given by higher educational institutions.

31

SEC. 30.  

Section 13632 of the Water Code is amended to read:

32

13632.  

The advisory committee appointed pursuant to Section
3313631 shall consist of the following:

34(a) Two persons from a statewide organization representing
35wastewater treatment plant operators who shall be employed at a
36wastewater treatment plant as operators.

37(b) Two persons from statewide organizations representing
38municipalities, including counties or private utility wastewater
39treatment plants.

P25   1(c) Two persons from statewide organizations representing local
2sanitation agencies, other than agencies specified in subdivision
3(b).

4(d) One person who is employed as an operator at a water
5recycling treatment plant.

6(e) One person from an educational institution’s school or
7division of engineering.

8(f) One person who is a member of an organized labor union
9that represents wastewater treatment plant operators.

10(g) One person who is a professional engineer specializing in
11sanitary engineering.

12

SEC. 31.  

No reimbursement is required by this act pursuant to
13Section 6 of Article XIII B of the California Constitution because
14the only costs that may be incurred by a local agency or school
15district will be incurred because this act creates a new crime or
16infraction, eliminates a crime or infraction, or changes the penalty
17for a crime or infraction, within the meaning of Section 17556 of
18the Government Code, or changes the definition of a crime within
19the meaning of Section 6 of Article XIII B of the California
20Constitution.



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