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.








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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.









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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  








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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  








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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  








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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  








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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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