BILL ANALYSIS Ó
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator Wieckowski, Chair
2015 - 2016 Regular
Bill No: AB 2890
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|Author: |Committee on Environmental Safety and Toxic |
| |Materials |
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|Version: |5/25/2016 |Hearing |6/15/2016 |
| | |Date: | |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant:|Rachel Machi Wagoner |
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SUBJECT: Drinking water and wastewater operator certification
programs.
ANALYSIS:
Existing law:
1) Vests the State Water Resources Control Board (SWRCB)
with all of the authority, duties, powers, purposes,
functions, responsibilities, and jurisdiction of the State
Department of Public Health (DPH) and its predecessor to
enforce the State Drinking Water Act (SDWA).
2) Requires the SWRCB to examine and certify persons as to
their qualification to supervise or operate water treatment
plants and water distribution systems.
3) Authorizes the SWRCB 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 SWRCB 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.
AB 2890 (Committee on Environmental Safety and Toxic Materials)
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6) Expresses legislative intent that the Operator
Certification Program for Water Treatment Plants and Water
Distribution Systems be entirely self-supporting and
authorizes the SWRCB 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.
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 SWRCB.
8) Requires the SWRCB 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 SWRCB to recognize as valid water
distribution system operator certificates issued by other
states if the SWRCB 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 SWRCB 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 SWRCB 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 (Committee on Environmental Safety and Toxic Materials)
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12) Authorizes the SWRCB to suspend, revoke, or refuse to
grant or renew any certificate issued by the SWRCB 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 SWRCB 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 SWRCB 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
SWRCB to expend the moneys in the fund, upon appropriation
by the Legislature, for purposes of administering the
program.
16) Requires the SWRCB 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.
This bill:
Makes several statutory changes to better align SWRCB 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:
1) Deletes the requirement that the SWRCB examine and certify
AB 2890 (Committee on Environmental Safety and Toxic Materials)
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persons as to their qualification to supervise water
treatment plants and water distribution systems.
2) Authorizes the SWRCB 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:
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 SWRCB, or the Attorney General upon the
request of the SWRCB, to administratively impose civil
liability pursuant to the Operator Certification Program for
Water Treatment Plants and Water Distribution Systems
Program.
5) Requires the SWRCB 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 SWRCB to establish reduced fees for the
issuance of, and renewal of, a water treatment operator
certificate for applicants who hold a valid, unexpired water
AB 2890 (Committee on Environmental Safety and Toxic Materials)
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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.
9) Requires the SWRCB 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 SWRCB 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 moneys in the Drinking Water Operator
Certification Special Account in the State Treasury are
available to the SWRCB, 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 SWRCB 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 SWRCB 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 SWRCB 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
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to review all proposed regulations and make recommendations
to the SWRCB.
15)Eliminates the requirement that authorizes the SWRCB 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 SWRCB 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 SWRCB 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.
21)Changes the makeup of the advisory committee, that the SWRCB
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.
Background
AB 2890 (Committee on Environmental Safety and Toxic Materials)
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SB 861 (Budget and Fiscal Review Committee, Chapter 35, Statutes
of 2014) transferred the Safe Drinking Water Program from DPH to
the SWRCB. 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
SWRCB, the SWRCB 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 SWRCB 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 SWRCB's ability to provide a
discount to people who hold multiple certificates.
The SWRCB 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 SWRCB the flexibility to adjust the fees
AB 2890 (Committee on Environmental Safety and Toxic Materials)
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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 SWRCB 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
SWRCB does not have the authority to impose administrative civil
liability against certified or 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 SWRCB to improve the effectiveness
of the SWRCB'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 SWRCB 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.
Comments
Purpose of Bill. According to the SWRCB, this proposal would
make several statutory changes to better align the SWRCB'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 SWRCB's
authority to enforce wastewater and drinking water certification
programs, including authorizing the SWRCB to issue
administrative civil liability provisions for specified
AB 2890 (Committee on Environmental Safety and Toxic Materials)
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violations of the drinking water operator certification program.
SOURCE: State Water Resources Control Board
SUPPORT:
Department of the Navy, Department of Defense
OPPOSITION:
San Miguel Community Services District Board of Directors
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