BILL ANALYSIS Ó
AB 2890
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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:
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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
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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
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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.
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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
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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.
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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:
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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
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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
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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
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