BILL ANALYSIS Ó
AB 2890
Page 1
ASSEMBLY THIRD READING
AB
2890 (Committee on Environmental Safety and Toxic Materials)
As Amended April 21, 2016
Majority vote
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Environmental |5-1 |Alejo, Gray, Lopez, |Beth Gaines |
|Safety | |McCarty, Ting | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Appropriations |13-6 |Gonzalez, Bloom, |Bigelow, Chang, |
| | |Bonilla, Bonta, |Gallagher, Jones, |
| | |Calderon, Daly, |Obernolte, Wagner |
| | |Eggman, Eduardo | |
| | |Garcia, Holden, | |
| | |Quirk, Santiago, | |
| | |Weber, Wood | |
| | | | |
| | | | |
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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,
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and to improve the efficiency and effectiveness of these
programs. Specifically, this bill:
1)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:
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.
2)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.
3)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 valid unexpired wastewater
certificate.
4)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.
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5)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.
6)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.
7)Requires the State Water Board to appoint an advisory
committee to assist it in carrying out its responsibilities 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.
8)Eliminates the requirement that authorizes the State Water
Board to approve courses of instruction at higher educational
institutions that will qualify water treatment operators or
water distribution 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.
9)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.
10)Changes the renewal period for Wastewater certificates from
two to three years consistent with the Drinking Water Operator
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Certificate program.
11)Makes numerous technical changes, including consolidating
definitions in one section for consistency and clarity.
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)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 directs the fees established to support the
Drinking Water Operator Certification Program to be deposited
in the account.
3)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.
4)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.
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5)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.
6)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.
7)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.
8)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.
9)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
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specializing in sanitary engineering.
FISCAL EFFECT: According to the Assembly Appropriations
Committee, minor, absorbable costs.
COMMENTS: 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.
SB 861 (Budget and Fiscal Review Committee), Chapter 35,
Statutes of 2014 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
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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
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.
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.
AB 2890
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Analysis Prepared by:
Josh Tooker / E.S. & T.M. / (916) 319-3965 FN: 0002827