BILL ANALYSIS Ó AB 2890 Page 1 Date of Hearing: April 12, 2016 ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS Luis Alejo, Chair AB 2890 (Committee on Environmental Safety and Toxic Materials) - As Introduced February 29, 2016 SUBJECT: Drinking water and wastewater operator certification programs SUMMARY: Makes several statutory changes to better align the State Water Resources Control Boards (State Water Board) programs for certifying operators of wastewater treatment plants and for certifying operators of drinking water treatment plants, and to improve the efficiency and effectiveness of these programs. Specifically, this bill: 1) Deletes the requirement that the State Water Board examine and certify persons as to their qualification to supervise water treatment plants and water distribution systems. 2) Authorizes the State Water Board to suspend, revoke, or refuse to grant or renew any water treatment operator certificate to operate a water treatment plant upon any reasonable grounds. 3) States that any person who is guilty of the following violations may be guilty of a misdemeanor and may be civilly liable in an amount not to exceed $100 each day: AB 2890 Page 2 a) Operating a water treatment plant or water distribution system while not holding a valid, unexpired certificate; b) Allowing the employment of any person as a water treatment operator who does not hold a valid, unexpired water treatment operator certificate; and, c) Allowing the employment of any person as a water distribution operator who does not hold a valid, unexpired water distribution operator certificate. 4) Authorizes the State Water Board, or the Attorney General upon the request of the State Water Board, to administratively impose civil liability pursuant to the Operator Certification Program for Water Treatment Plants and Water Distribution Systems Program. 5) Requires the State Water Board to hold at least one examination each year for the purpose of examining candidates for water treatment operator certificates and water distribution operator certificates. 6) Requires a person who operates or is in charge of a water treatment plant to possess a valid, unexpired water treatment operator certificate. 7) Requires a person who operates or is in charge of a water distribution system to possess a valid, unexpired water distribution system operator certificate. 8) Authorizes the State Water Board to 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; and, a water distribution operator certificate for applicants who hold a valid unexpired water treatment operator certificate or a AB 2890 Page 3 valid unexpired wastewater certificate. 9) Requires the State Water Board to 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. 10) Authorizes the State Water Board to adopt regulations pertaining to the fees for the Operator Certification Program for Water Treatment Plants and Water Distribution Systems Program, including any subsequent adjustments to the fees or subsequent amendments to the regulations, as emergency regulations. 11) States that monies in the Drinking Water Operator Certification Special Account in the State Treasury are available to the State Water Board, upon appropriation by the Legislature, for purposes of administering the Operator Certification Program for Water Treatment Plants and Water Distribution Systems Program. 12) Deletes the requirement that the State Water Board 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. 13) Repeals provisions related to oversight of out-of-state water distribution operators and requires the State Water 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. 14) Requires the State Water Board to appoint an advisory committee to assist it in carrying out its responsibilities AB 2890 Page 4 to examine and certify individuals to operate water treatment plants and water distribution systems. Requires the advisory committee to review all proposed regulations and make recommendations to the State Water Board. 15) Eliminates the requirement that authorizes the State Water 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. 16) Eliminates the category of a water treatment operator-in-training. 17) Requires the State Water Board to prescribe the procedures and requirements for designation of a chief plant operator and the duties of a chief plant operator. 18) Requires 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. 19) Finds that any person who submits to the State Water Board false or misleading information on an application for an examination for a wastewater certificate may be liable civilly in an amount not to exceed five thousand dollars ($5,000) for each violation. 20) Provides that a person who operates a wastewater treatment plant without a wastewater certificate or water recycling treatment plant without a wastewater certificate or water treatment operator certificate, as prescribed, is guilty of a misdemeanor and provides that civil liability may be imposed. Provides that employing such a person subjects an employer to the same penalties. AB 2890 Page 5 21) Changes the makeup of the advisory committee, that the State Water Board is required to appoint to assist it in carrying out its wastewater treatment plant classification and operator certification responsibilities, by replacing the professional engineer position with a person employed as an operator at a water recycling treatment plan. EXISTING LAW: 1) Vests the State Water Board with all of the authority, duties, powers, purposes, functions, responsibilities, and jurisdiction of the State Department of Public Health and its predecessor to enforce the State Drinking Water Act (SDWA). 2) Requires the State Water Board to examine and certify persons as to their qualification to supervise or operate water treatment plants and water distribution systems. 3) Authorizes the State Water Board to suspend, revoke, or refuse to grant or renew any water treatment operator certificate or water treatment operator in training certificate upon any reasonable grounds. 4) Requires the State Water Board to hold at least one examination per year for the examining candidates for certification. 5) Requires persons who operate or supervise the operation of water treatment plants to possess a valid and current water treatment operator certificate. 6) Expresses legislative intent that the Operator Certification Program for Water Treatment Plants and Water Distribution Systems be entirely self-supporting and authorizes the State Water Board to establish a fee schedule. Creates the Drinking Water Operator Certification Special Account in the State Treasury and AB 2890 Page 6 directs the fees established to support the Drinking Water Operator Certification Program to be deposited in the account. 7) Authorizes a person employed as a water distribution operator who does not hold a water treatment operator certificate to be issued an appropriate certificate provided that the water system which the operator is employed has applied for the certificate within one year after adoption of regulations by the State Water Board. 8) Requires the State Water 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 system operator certificate for those certified operators that have satisfied the provisions of the Water Distribution System Operator Program. 9) Allows the State Water Board to recognize as valid water distribution system operator certificates issued by other states if the Department determines that the program in the other state is consistent with the state water distribution system operator program and its implementing regulations. 10) Authorizes the State Water Board to approve courses of instruction provided by education institutions, professional associations, public agencies, or private agencies for purposes of qualifying persons for initial certification, renewal and re-certification as a water treatment operator, water treatment operator in training or water distribution operator. 11) Requires the State Water Board to classify types of wastewater treatment plants for the purpose of determining the levels of competence necessary to operate them. Requires supervisors and operators of wastewater treatment plants to possess a certificate of appropriate grade. AB 2890 Page 7 12) Authorizes the State Water Board to suspend, revoke, or refuse to grant or renew any certificate issued by the State Water Board to operate a wastewater treatment plant or to place on probation or reprimand the certificate holder upon any reasonable grounds. 13) Finds that any person who submits to the State Water 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. 14) Finds that anyone 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 may be guilty of a misdemeanor and subject to civil liability in an amount not to exceed $100 for each day of violation. 15) Authorizes the State Water 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. Authorizes the State Water Board to expend the moneys in the fund, upon appropriation by the Legislature, for purposes of administering the program. 16) Requires the State Water Board to appoint an advisory committee to assist it in carrying out its wastewater treatment plant classification and operator certification responsibilities. Provides that the advisory committee consists of 10 persons, one of whom is a professional engineer specializing in sanitary engineering. FISCAL EFFECT: Unknown. COMMENTS: AB 2890 Page 8 Need for the bill: According to the State Water Board, this proposal would make several statutory changes to better align the State Water Board's programs for certifying operators of wastewater treatment plants and for certifying operators of drinking water treatment plants, and to improve the efficiency and effectiveness of these programs. Among its provisions, this proposal would: 1) clarify operator certification requirements for water recycling treatment plants in both the drinking water and wastewater treatment plant operator certification statutes; 2) revise the fee structure for wastewater and drinking water treatment plant operator certification; and 3) clarify and expand the State Water Board's authority to enforce wastewater and drinking water certification programs, including authorizing the State Water Board to issue administrative civil liability provisions for specified violations of the drinking water operator certification program. Chapter 35, Statutes of 2014 (SB 861, Senate Budget and Fiscal Review Committee) transferred the Safe Drinking Water Program from the Department of Public Health to the State Water Board. The transfer of drinking water responsibilities, including the Drinking Water Operator Certification Program, aligned the state's drinking water and water quality programs in an integrated organizational structure, positioning the state to better protect water quality and public health, while meeting current needs and future demands on water supplies. As a result of the transfer of the Drinking Water Program to the State Water Board, the State Water Board is now responsible for administering both the Wastewater Treatment Plant Operator Certification and Drinking Water Operator Certification Programs. These programs are critical for ensuring the protection of public health and the environment by ensuring that those responsible for operating these treatment plants have the necessary skills, knowledge and abilities to do so properly. The State Water Board has reviewed both operator certification programs and has identified several statutory changes that are AB 2890 Page 9 needed to help better align the two certification programs and to improve the efficiency and effectiveness of each program. This bill makes those changes. Many individuals hold a combination of a wastewater treatment plant operator certificate, a water treatment operator certificate, and/or a water distribution operator certificate. The individuals who hold multiple certificates or their employers incur fees for each certificate. The cost of holding multiple certificates may discourage operators from obtaining more than one certificate, even though it would be desirable from a public health and water quality perspective to have people trained and certified to operate multiple types of systems. Existing law limits the State Water Board's ability to provide a discount to people who hold multiple certificates. The State Water Board currently has a drinking water advisory committee consistent with the federal drinking water operator certification requirements; however, the requirement for, and the membership of, the committee is not in statute or regulation. Existing law provides that the drinking water operator certification program must be self-supported by fees, however it does not provide the State Water Board the flexibility to adjust the fees consistent with the level of funding authorized by the Legislature in the Budget Act. Under current law, the Drinking Water Operator Certification Special Account does not allow for the deposit of interest earned on drinking water fees into the Account. Under current law, the State Water Board has authority to impose disciplinary action and/or administrative civil liability against certified wastewater treatment plant operators at wastewater treatment plants, including water recycling treatment plants, as well as against non-certified operators at wastewater treatment plants and owners of wastewater treatment plants. The State Water Board does not have the authority to impose administrative civil liability against certified or AB 2890 Page 10 non-certified operators at water treatment plants and water distribution systems or the owners of water treatment plants and water distribution systems. This bill is proposed by the State Water Board to improve the effectiveness of the State Water Board's programs for certifying operators of wastewater treatment plants and operators of drinking water treatment plants. These proposed changes are intended to reduce confusion for operators of drinking water treatment plants and wastewater treatment plants, improve the ability of the State Water Board to enforce this program, and ensure that the funding is sufficient to implement the program while providing some reduction in fees to those people that hold multiple certificates within this program. REGISTERED SUPPORT / OPPOSITION: Support State Water Resources Control Board (Sponsor) Opposition None on file. Analysis Prepared by:Josh Tooker / E.S. & T.M. / (916) 319-3965 AB 2890 Page 11