BILL ANALYSIS �
AB 1726
Page 1
Date of Hearing: May 16, 2012
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 1726 (Allen) - As Amended: May 7, 2012
Policy Committee: HealthVote:10-6
Urgency: No State Mandated Local Program:
Yes Reimbursable: Yes
SUMMARY
This bill creates standards and requirements for pool operator
training. Specifically, this bill:
1)Requires an owner of a public swimming pool to ensure that the
pool is operated by a qualified pool operator, and
conspicuously post a certificate proving this fact.
2)Defines qualified pool operator as an individual who has
completed a training course that includes specified
information, contains a written examination, and is a minimum
of 14 hours long.
3)Defines relevant terms, including defining "public swimming
pool" as:
a) It is not a private pool.
b) It is operated by a public entity or is a place of
public accommodation.
c) It is not a pool that is located within a public lodging
providing no more than 15 rooms for public accommodation
1)Requires training courses to be approved and registered by a
local enforcement agency.
2)Allows a local enforcement agency to charge a registration fee
that shall not exceed the costs necessary to administer the
program.
3)Specifies an effective date of January 1, 2014.
4)Exempts cities and counties that have an ordinance in place as
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of January 1, 2012 from this bill's provisions.
FISCAL EFFECT
1)Costs of $50,000 GF to the Department of Public Health to
update regulations.
2)Costs would accrue to local enforcement agencies to inspect
for compliance and to approve training courses. This bill
allows these agencies to charge fees to recover costs; thus,
these costs do not appear to be reimbursable.
COMMENTS
1)Rationale . The author states this bill is needed because every
year thousands of swimmers become sick from contaminated
water, are injured from improperly maintained pools or drown
because of inadequate pool safety. He contends that
California lags behind other states in pool health and safety.
The author further indicates this bill is intended to
implement one module of the Model Aquatic Health Code (MAHC)
related to operator training. The operator training module is
one of 14 modules that comprise the MAHC, which is currently
in development by the Centers for Disease Control and
Prevention (CDC) and aquatic health experts. This bill is
sponsored by the National Swimming Pool Foundation (NSPF), a
non-profit organization that offers a Pool/Spa Operator
certification program and funds research related to aquatic
health. NSPF also provided CDC initial grant funding to
develop the MAHC.
2)Model Code . CDC is developing the MAHC with public health and
industry representatives across the United States. CDC states
the MAHC will serve as a guide for local and state agencies to
update or implement laws and standards related to swimming
pool and spas. Aside from operator training, which is the
subject of this bill, other training modules deal with
contamination response, ventilation and air quality, risk
management and safety, and other issues.
3)Current Practice . The state has a limited role in oversight
of pool sanitation, and the governor's 2012-13 budget proposes
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to eliminate the state's small remaining role and funding,
leaving pool oversight in local hands. Local environmental
health departments (EHDs) permit pools, including review and
approval of plans for both construction of new public pools
and remodel of existing pools. EHDs also enforce state laws
and regulations by conducting inspections; responding to
public complaints; evaluating water quality, pH, and
cleanliness; and evaluating the pool's recirculation and
sanitation systems. This bill implies EHDs will enforce
compliance with its provisions, although it is not explicitly
stated. The bill does require EHDs to register and approve
training courses. Los Angeles County currently has an
ordinance requiring pool operator training, and is exempt from
this bill.
Recent amendments exempt any residential pools, based on
opposition from apartment associations. Pool operator
certification courses, which are not currently required, can
cost up to $400.
4)Opposition . The California Hotel and Lodging Association and
the California Association of RV Parks and Campgrounds
(CalARVC) oppose this bill. The Hotel and Lodging Association
sees the bill as unnecessary as both the market and current
practice police the sanitary conditions of pools. CalARVC
also points out the certification course is costly and that
the bill's sponsor, as a certification training course
provider, stands to financially benefit from the new training
requirement.
Analysis Prepared by : Lisa Murawski / APPR. / (916) 319-2081