BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 2890| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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: AB 2890 Page 2 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 AB 2890 Page 3 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. AB 2890 Page 4 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) AB 2890 Page 5 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 **** END ****