BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2890


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          ASSEMBLY THIRD READING


          AB  
          2890 (Committee on Environmental Safety and Toxic Materials)


          As Amended  April 21, 2016


          Majority vote


           ------------------------------------------------------------------ 
          |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           |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
           ------------------------------------------------------------------ 


          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.  












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          Analysis Prepared by:                                             
          Josh Tooker / E.S. & T.M. / (916) 319-3965  FN: 0002827