BILL ANALYSIS Ó AB 2890 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 2890 (Committee on Environmental Safety and Toxic Materials) As Amended August 8, 2016 Majority vote -------------------------------------------------------------------- |ASSEMBLY: |51-26 |(May 12, 2016) |SENATE: |27-11 |(August 15, | | | | | | |2016) | | | | | | | | | | | | | | | -------------------------------------------------------------------- Original Committee Reference: E.S. & T.M. SUMMARY: Makes several statutory changes to better align the State Water Resources Control Board's (State Water Board) programs for certifying operators of wastewater treatment plants, for certifying operators of drinking water treatment plants, and to improve the efficiency and effectiveness of these programs. The Senate amendments 1)Add co-authors to reflect the current membership of the Assembly Environmental Safety and Toxic Materials Committee. 2)Make technical and clarifying changes. AB 2890 Page 2 EXISTING LAW: 1)Requires the State Water Board to examine and certify persons as to their qualification to supervise or operate water treatment plans and water distribution systems. 2)Allows the State Water Board to recognize as valid water distribution system operator certificates issued by other states if the State Water Board determines that the program in the other state is consistent with the state water distribution system operator program and its implementing regulations. 3)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. 4)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. FISCAL EFFECT: This bill was approved by the Senate Appropriations Committee pursuant to Senate Rule 28.8, therefore there are minor, if any costs. COMMENTS: According to the State Water Board, this bill 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 AB 2890 Page 3 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 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. Analysis Prepared by: Josh Tooker / E.S. & T.M. / (916) 319-3965 FN: 0004153 AB 2890 Page 4