BILL NUMBER: SB 1107 CHAPTERED 10/10/99 CHAPTER 755 FILED WITH SECRETARY OF STATE OCTOBER 10, 1999 APPROVED BY GOVERNOR OCTOBER 7, 1999 PASSED THE SENATE SEPTEMBER 1, 1999 PASSED THE ASSEMBLY AUGUST 30, 1999 AMENDED IN ASSEMBLY JULY 6, 1999 AMENDED IN SENATE APRIL 7, 1999 INTRODUCED BY Senator Sher (Principal coauthor: Senator Solis) FEBRUARY 26, 1999 An act to amend Sections 106875, 106876, 106880, 106885, 106890, 106895, 106900, 106910, 116275, and 116555 of, to amend the heading of Article 3 (commencing with Section 106875) of Chapter 4 of Part 1 of Division 104 of, to add Sections 106892, 106896, and 106897 to, to repeal Section 106905 of, and to repeal Chapter 6 (commencing with Section 116900) of Part 12 of Division 104 of, the Health and Safety Code, relating to water. LEGISLATIVE COUNSEL'S DIGEST SB 1107, Sher. Operator certification program: water distribution systems. (1) Existing law requires all persons responsible for the supervision or operation of water treatment plants to be certified by the State Department of Health Services. Existing law authorizes the department to take certain administrative action with regard to a water treatment operator or water treatment operator-in-training certificate. This bill would require the department to examine and certify persons as to their qualifications to supervise or operate a water distribution system. The bill would authorize the department to take designated administrative actions with regard to a water distribution operator certificate. The bill would require all persons who are in responsible charge of the water distribution system of a community water system or a nontransient noncommunity water system to possess a valid and current water distribution operator certificate of the appropriate grade in accordance with regulations. (2) Existing law authorizes the department to establish fee schedules for the issuance and renewal of these operator certificates sufficient to recover all costs incurred in the administration of regulatory provisions. This bill would authorize the department to establish fee schedules for the replacement and reinstatement of certificates under these provisions and for the continuing education of certificate holders. The bill would establish in the State Treasury the Drinking Water Operator Certification Special Account into which fees collected for purposes of the certification and examination of water treatment operators, water treatment operators-in-training, and water distribution operators would be deposited. (3) Existing law authorized any person employed as a water treatment plant operator on the date provisions authorizing the regulation of water treatment plant operators became effective to be issued an appropriate certificate provided that the person provided evidence of certain qualifications acceptable to the director as prescribed by regulations. This bill would, instead, require that an appropriate certificate be issued to a person employed as a water distribution operator if the water system employing the operator has applied for the certificate within one year after the adoption of regulations implementing these provisions. This bill would require the department to evaluate the water distribution operator certification program of the California-Nevada Section of the American Water Works Association (CNAWWA) and issue an appropriate water distribution operator certificate for those certified operators that have satisfied the provisions regulating water distribution system operators. The bill would require, on or after the effective date of regulations implementing the bill's water distribution system operator regulatory provisions, that certificates issued by certification programs of other states be recognized as valid and sufficient as provided under the bill. (4) Existing law requires that all preentry and postentry educational programs under these operator provisions be tailored to the needs of all segments of the population without respect to race, color, or creed. This bill would repeal this provision. (5) Existing law requires the department to establish the level of skill, knowledge, and experience necessary to supervise and operate a water treatment facility. Existing law requires the department to establish criteria to classify the type of water treatment plants. This bill would, instead, authorize the department to approve courses of instruction provided by educational institutions, professional associations, public agencies, or private agencies for purposes of qualifying persons for initial certification, certification renewal, and recertification as a water treatment operator, water treatment operator-in-training, or water distribution operator. The bill would authorize the department to adopt specified rules, regulations, and certification standards with regard to these operators and to water treatment plants and water distribution systems. (6) Existing law sets forth definitions governing the California Safe Drinking Water Act and the provisions governing water treatment plant operators. This bill would add to these definitions for purposes of existing provisions regulating water treatment operators, water treatment operators-in-training, and water treatment plants and for purposes of provisions of the bill that would regulate water distribution operators and water distribution systems. (7) Existing law specifies certain requirements of any person who operates a public water system. This bill would revise this provision to provide that any person who owns a public water system shall ensure that the system meets certain requirements and the bill would add to those requirements that the public water system comply with specified operator certification programs. The bill also would set forth requirements for any person who owns a community water system or a nontransient noncommunity water system. (8) Existing law requires the Director of Health Services to adopt regulations and certification standards for purposes of the operation of water treatment plants. This bill would repeal these provisions. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. The heading of Article 3 (commencing with Section 106875) of Chapter 4 of Part 1 of Division 104 of the Health and Safety Code is amended to read: Article 3. Operator Certification Program: Water Treatment Plants and Water Distribution Systems SEC. 2. Section 106875 of the Health and Safety Code is amended to read: 106875. (a) The department shall examine and certify persons as to their qualifications to supervise or operate water treatment plants. The certification shall indicate the classification of water treatment plant that the person is qualified to supervise or operate. (b) The department shall examine and certify persons as to their qualifications to supervise or operate a water distribution system. The certification shall indicate the classification of distribution system that the person is qualified to supervise or operate. SEC. 3. Section 106876 of the Health and Safety Code is amended to read: 106876. (a) The department may suspend, revoke, or refuse to grant or renew any water treatment operator certificate or water treatment operator-in-training certificate to operate or supervise the operation of a water treatment plant or may place on probation or reprimand the certificate holder upon any reasonable grounds, including, but not limited to, any of the following: (1) The submission of false or misleading information on an application for a certificate or engaging in dishonest conduct during an examination. (2) The use of fraud or deception in the course of operating or supervising the operation of a water treatment plant or a water recycling treatment plant. (3) The failure to use reasonable care or judgment in the operation or supervision of the operation of a water treatment plant or a water recycling treatment plant. (4) The inability to perform operating duties properly in a water treatment plant or a water recycling treatment plant. (5) The failure to meet all requirements for certificate renewal. (6) The conduct of willful or negligent acts that cause or allow the violation of the Safe Drinking Water Act (Subchapter XII (commencing with Section 300f) of Chapter 6A of Title 42 of the United States Code) or the regulations and standards adopted pursuant to that act. (7) Willfully or negligently violating or causing or allowing the violation of waste discharge requirements or permits issued pursuant to the Federal Water Pollution Control Act (33 U.S.C. Sec. 1251 et seq.) while operating a water recycling treatment plant. (b) The department may suspend, revoke, or refuse to grant or renew any water distribution operator certificate to operate or supervise the operation of a water distribution system or may place on probation or reprimand the certificate holder upon any reasonable grounds, including, but not limited to, any of the following: (1) The submission of false or misleading information on an application for a certificate or engaging in dishonest conduct during an examination. (2) The use of fraud or deception in the course of operating or supervising the operation of a water distribution system. (3) The failure to use reasonable care of judgment in the operation or supervision of the operation of a water distribution system. (4) The inability to perform operating duties properly in a water distribution system. (5) The failure to meet all requirements for certificate renewal. (6) The conduct of willful or negligent acts that cause or allow the violation of the federal Safe Drinking Water Act (Subchapter XII (commencing with Section 300f) of Chapter 6A of Title 42 of the United States Code) or the regulations and standards adopted pursuant to that act. (c) Prior to revocation of a valid operator certificate, the department shall provide the certificate holder with an opportunity for a hearing before the department. (d) For purposes of this section, "water recycling treatment plant" means a treatment plant that receives and further treats secondary and/or tertiary effluent from a wastewater treatment plant. SEC. 4. Section 106880 of the Health and Safety Code is amended to read: 106880. The state department shall hold at least one examination each year for the purpose of examining candidates for certification. SEC. 5. Section 106885 of the Health and Safety Code is amended to read: 106885. (a) All persons who operate or supervise the operation of water treatment plants shall possess a valid and current water treatment operator certificate or water treatment operator-in-training certificate of appropriate grade in accordance with the regulations referred to in Section 106910. (b) All persons who are in responsible charge of the water distribution system of a community water system or a nontransient noncommunity water system shall possess a valid and current water distribution operator certificate of the appropriate grade in accordance with the regulations referred to in Section 106910. SEC. 6. Section 106890 of the Health and Safety Code is amended to read: 106890. It is the intent of the Legislature that the program authorized pursuant to this article be entirely self-supporting, and for this purpose the department is authorized to establish fee schedules for the issuance, replacement, reinstatement, continuing education, and renewal of certificates that shall provide revenues that shall not exceed the amount necessary, but shall be sufficient, to recover all costs incurred in the administration of this article. SEC. 7. Section 106892 is added to the Health and Safety Code, to read: 106892. There is in the State Treasury the Drinking Water Operator Certification Special Account. Fees collected pursuant to Section 106890 shall be deposited in the account created by this section. SEC. 8. Section 106895 of the Health and Safety Code is amended to read: 106895. (a) A person employed as a water distribution operator, as defined by Section 116275, who does not hold a certificate pursuant to Section 106885, may be issued an appropriate certificate provided that the water system with which the operator is employed has applied for the certificate within one year after the adoption of the regulations implementing this section. (b) A certificate issued pursuant to subdivision (a) shall be effective only at the site at which the operator was employed. The operator shall meet all certification requirements and hold a valid certificate pursuant to Section 106885 in order to operate another system. (c) If the classification of the distribution system changes to a higher level, the certificate of the water distribution operator that was issued pursuant to subdivision (a) for that water distribution system is no longer valid. (d) Any water distribution operator who is certified under subdivision (a) shall meet all of the requirements for renewal, including necessary training and the payment of fees. SEC. 9. Section 106896 is added to the Health and Safety Code, to read: 106896. The department shall evaluate the water distribution operator certification program of the California-Nevada Section of the American Water Works Association (CNAWWA) and issue an appropriate water distribution system operator certificate for those certified operators that have satisfied the provisions of this article and any regulations promulgated under this chapter. SEC. 10. Section 106897 is added to the Health and Safety Code, to read: 106897. On or after the effective date of regulations implementing this article, certificates issued by certification programs of other states shall be recognized as valid and sufficient under this article if the department determines that the program of the other state is consistent with this article and the regulations promulgated under this article. SEC. 11. Section 106900 of the Health and Safety Code is amended to read: 106900. The department may approve courses of instruction provided by educational institutions, professional associations, public agencies, or private agencies for purposes of qualifying persons for initial certification, certification renewal, and recertification as a water treatment operator, water treatment operator-in-training, or water distribution operator. SEC. 12. Section 106905 of the Health and Safety Code is repealed. SEC. 13. Section 106910 of the Health and Safety Code is amended to read: 106910. The department may adopt rules, regulations, and certification standards necessary to carry out the provisions of this article, pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The rules, regulations, and standards shall include, but not be limited to, the following: (a) The classification of treatment plants taking into consideration the plant size, character of the water being treated, type and degree of treatment, complexity of operation, and other physical conditions affecting the operation of the water treatment plant. (b) The classification of distribution systems of community water systems and nontransient noncommunity water systems taking into consideration the complexity and size of the system. (c) Criteria and standards establishing the level of skill, knowledge, education, and experience necessary to operate successfully or to supervise successfully the operation of specific classes of water treatment plants so as to protect public health. (d) Criteria and standards establishing the level of skill, knowledge, and experience necessary to operate successfully or to supervise successfully the operation of specific classes of water distribution systems so as to protect the public health. (e) Criteria and standards for operator certification renewal including continuing education requirements. (f) Criteria and standards for recertification of an operator when the operator's certificate has lapsed. (g) Criteria and standards for the availability of designated water treatment operators for each operating shift. SEC. 14. Section 116275 of the Health and Safety Code is amended to read: 116275. As used in this chapter: (a) "Contaminant" means any physical, chemical, biological, or radiological substance or matter in water. (b) "Department" means the State Department of Health Services. (c) "Primary drinking water standards" means: (1) Maximum levels of contaminants that, in the judgment of the department, may have an adverse effect on the health of persons. (2) Specific treatment techniques adopted by the department in lieu of maximum contaminant levels pursuant to subdivision (j) of Section 116365. (3) The monitoring and reporting requirements as specified in regulations adopted by the department that pertain to maximum contaminant levels. (d) "Secondary drinking water standards" means standards that specify maximum contaminant levels that, in the judgment of the department, are necessary to protect the public welfare. Secondary drinking water standards may apply to any contaminant in drinking water that may adversely affect the odor or appearance of the water and may cause a substantial number of persons served by the public water system to discontinue its use, or that may otherwise adversely affect the public welfare. Regulations establishing secondary drinking water standards may vary according to geographic and other circumstances and may apply to any contaminant in drinking water that adversely affects the taste, odor, or appearance of the water when the standards are necessary to assure a supply of pure, wholesome, and potable water. (e) "Human consumption" means the use of water for drinking, bathing or showering, hand washing, or oral hygiene. (f) "Maximum contaminant level" means the maximum permissible level of a contaminant in water. (g) "Person" means an individual, corporation, company, association, partnership, limited liability company, municipality, public utility, or other public body or institution. (h) "Public water system" means a system for the provision of water for human consumption through pipes or other constructed conveyances that has 15 or more service connections or regularly serves at least 25 individuals daily at least 60 days out of the year. A public water system includes the following: (1) Any collection, treatment, storage, and distribution facilities under control of the operator of the system which are used primarily in connection with the system. (2) Any collection or pretreatment storage facilities not under the control of the operator that are used primarily in connection with the system. (3) Any water system that treats water on behalf of one or more public water systems for the purpose of rendering it safe for human consumption. (i) "Community water system" means a public water system that serves at least 15 service connections used by yearlong residents or regularly serves at least 25 yearlong residents of the area served by the system. (j) "Noncommunity water system" means a public water system that is not a community water system. (k) "Nontransient noncommunity water system" means a public water system that is not a community water system and that regularly serves at least 25 of the same persons over 6 months per year. (l) "Local health officer" means a local health officer appointed pursuant to Section 101000 or a local comprehensive health agency designated by the board of supervisors pursuant to Section 101275 to carry out the drinking water program. (m) "Significant rise in the bacterial count of water" means a rise in the bacterial count of water that the department determines, by regulation, represents an immediate danger to the health of water users. (n) "State small water system" means a system for the provision of piped water to the public for human consumption that serves at least five, but not more than 14, service connections and does not regularly serve drinking water to more than an average of 25 individuals daily for more than 60 days out of the year. (o) "Transient noncommunity water system" means a noncommunity water system that does not regularly serve at least 25 of the same persons over six months per year. (p) "User" means any person using water for domestic purposes. User does not include any person processing, selling, or serving water or operating a public water system. (q) "Waterworks standards" means regulations adopted by the department that take cognizance of the latest available "Standards of Minimum Requirements for Safe Practice in the Production and Delivery of Water for Domestic Use" adopted by the California section of the American Water Works Association. (r) "Local primacy agency" means any local health officer that has applied for and received primacy delegation from the department pursuant to Section 116330. (s) "Service connection" means the point of connection between the customer's piping or constructed conveyance, and the water system's meter, service pipe, or constructed conveyance. A connection to a system that delivers water by a constructed conveyance other than a pipe shall not be considered a connection in determining if the system is a public water system if any of the following apply: (1) The water is used exclusively for purposes other than residential uses, consisting of drinking, bathing, and cooking or other similar uses. (2) The department determines that alternative water to achieve the equivalent level of public health protection provided by the applicable primary drinking water regulation is provided for residential or similar uses for drinking and cooking. (3) The department determines that the water provided for residential or similar uses for drinking, cooking, and bathing is centrally treated or treated at the point of entry by the provider, a passthrough entity, or the user to achieve the equivalent level of protection provided by the applicable primary drinking water regulations. (t) "Resident" means a person who physically occupies, whether by ownership, rental, lease or other means, the same dwelling for at least 60 days of the year. (u) "Water treatment operator" means a person who has met the requirements for a specific water treatment operator grade pursuant to Section 106875. (v) "Water treatment operator-in-training" means a person who has applied for and passed the written examination given by the department but does not yet meet the experience requirements for a specific water treatment operator grade pursuant to Section 106875. (w) "Water distribution operator" means a person who has met the requirements for a specific water distribution operator grade pursuant to Section 106875. (x) "Water treatment plant" means a group or assemblage of structures, equipment, and processes that treat, blend, or condition the water supply of a public water system for the purpose of meeting primary drinking water standards. (y) "Water distribution system" means any combination of pipes, tanks, pumps, and other physical features that deliver water from the source or water treatment plant to the consumer. SEC. 15. Section 116555 of the Health and Safety Code is amended to read: 116555. (a) Any person who owns a public water system shall ensure that the system does all of the following: (1) Complies with primary and secondary drinking water standards. (2) Will not be subject to backflow under normal operating conditions. (3) Provides a reliable and adequate supply of pure, wholesome, healthful, and potable water. (4) Employs or utilizes only water treatment operators or water treatment operators-in-training that have been certified by the department at the appropriate grade. (5) Complies with the operator certification program established pursuant to Chapter 4 (commencing with Section 106875). (b) Any person who owns a community water system or a nontransient noncommunity water system shall do all of the following: (1) Employ or utilize only water distribution system operators who have been certified by the department at the appropriate grade for positions in responsible charge of the distribution system. (2) Place the direct supervision of the water system, including water treatment plants, water distribution systems, or both under the responsible charge of an operator or operators holding a valid certification equal to or greater than the classification of the treatment plant and the distribution system. SEC. 16. Chapter 6 (commencing with Section 116900) of Part 12 of Division 104 of the Health and Safety Code is repealed.