BILL ANALYSIS                                                                                                                                                                                                    Ó




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                                   THIRD READING 


          Bill No:  AB 2890
          Author:   Committee on Environmental Safety and Toxic Materials,  
                    et al.   
          Amended:  8/8/16 in Senate
          Vote:     21 

           SENATE ENVIRONMENTAL QUALITY COMMITTEE:  5-2, 6/15/16
           AYES:  Wieckowski, Hill, Jackson, Leno, Pavley
           NOES:  Gaines, Bates

           SENATE APPROPRIATIONS COMMITTEE:  Senate Rule 28.8

           ASSEMBLY FLOOR:  51-26, 5/12/16 - See last page for vote

           SUBJECT:   Drinking water and wastewater operator certification  
                     programs


          SOURCE:    State Water Resources Control Board


          DIGEST:  This bill makes several statutory changes to better  
          align State Water Resources Control Board (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.  


          Senate Floor Amendments of 8/8/16 clarify the definition of  
          "wastewater treatment plant."


          ANALYSIS:  

          Existing law:  








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          1)Vests the 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. 

          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.


          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.


          Background
          
          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  








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          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  
          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. 








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          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.  

          Purpose of this bill.  According to the SWRCB, this proposal  
          makes 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: 1) clarifies  
          operator certification requirements for water recycling  
          treatment plants in both the drinking water and wastewater  
          treatment plant operator certification statutes; 2) revises the  
          fee structure for wastewater and drinking water treatment plant  
          operator certification; and 3) clarifies and expands the SWRCB's  
          authority to enforce wastewater and drinking water certification  
          programs, including authorizing the SWRCB to issue  
          administrative civil liability provisions for specified  
          violations of the drinking water operator certification program.


          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   Yes


          SUPPORT:   (Verified8/8/16)


          State Water Resources Control Board  (source)
          Department of the Navy, Department of Defense


          OPPOSITION:   (Verified8/8/16)









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          San Miguel Community Services District Board of Directors



          ASSEMBLY FLOOR:  51-26, 5/12/16
          AYES:  Alejo, Arambula, Atkins, Bloom, Bonilla, Bonta, Brown,  
            Calderon, Campos, Chau, Chávez, Chiu, Chu, Cooley, Cooper,  
            Dababneh, Daly, Dodd, Eggman, Frazier, Cristina Garcia,  
            Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray,  
            Roger Hernández, Holden, Irwin, Levine, Lopez, Low, McCarty,  
            Medina, Mullin, Nazarian, O'Donnell, Quirk, Ridley-Thomas,  
            Rodriguez, Salas, Santiago, Mark Stone, Thurmond, Ting, Weber,  
            Williams, Wood, Rendon
          NOES:  Achadjian, Travis Allen, Baker, Bigelow, Brough, Chang,  
            Beth Gaines, Gallagher, Grove, Hadley, Harper, Jones, Kim,  
            Lackey, Linder, Maienschein, Mathis, Mayes, Melendez,  
            Obernolte, Olsen, Patterson, Steinorth, Wagner, Waldron, Wilk
          NO VOTE RECORDED:  Burke, Dahle, Jones-Sawyer

          Prepared by:Rachel Machi Wagoner / E.Q. / (916) 651-4108
          8/10/16 15:55:04


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