AB 2890 — Drinking water and wastewater operator certification programs.

Summary

(1) Existing law requires the State Water Resources Control Board to examine and certify persons as to their qualifications to supervise or operate water treatment plants and water distribution systems. Existing law requires the certification to indicate the classification of water treatment plant or water distribution system that the person is qualified to supervise or operate. This bill would require the board to appoint an advisory committee to assist it in carrying out its responsibilities to examine and certify people to operate water treatment plants and water distribution systems. This bill would require the advisory committee to review all proposed regulations and make recommendations to the board. Existing law provides for water treatment operators-in-training, meaning people who do not yet meet the experience requirements for a specific water treatment operator grade. This bill would eliminate the category of a water treatment operator-in-training. Existing law authorizes the board to 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 to place on probation or reprimand the certificate holder upon any reasonable grounds. This bill would include willful or negligent acts that cause or allow the violation of certain laws as reasonable grounds for those purposes and would specify the rules for a board hearing prior to suspension or revocation of a valid operator certificate. This bill would provide that a person who submits to the board false or misleading information on an application or examination for a water treatment operator certificate or water distribution operator certificate may be liable civilly in an amount not to exceed $5,000 for each violation. This bill would make a person who operates or is in responsible charge and allows the employment of a person who operates a water treatment plant or water distribution system that does not hold a valid, unexpired certificate of the appropriate grade guilty of a misdemeanor and would provide that civil liability may be imposed in an amount not to exceed $100 for each day of violation. By expanding the definition of a crime, this bill would impose a state-mandated local program. Existing law requires the board to establish fee schedules for the issuance, replacement, reinstatement, continuing education, and renewal of certificates to provide revenues that do not exceed the amount necessary, but are sufficient, to recover all costs incurred in the administration of these certification provisions. Existing law establishes the Drinking Water Operator Certification Special Account in the State Treasury and provides that fees collected by the board to recover the costs of the certification provisions are to be deposited in the account. This bill would specify that the moneys in the account are available, upon appropriation by the Legislature. This bill would require the board to adopt, by emergency regulations, a schedule of fees to recover costs incurred for the purposes of these certification provisions, as prescribed. This bill would require the board to review and revise the fees, as necessary, each fiscal year. Existing law requires the board to evaluate the water distribution operator certification program of the California-Nevada Section of the American Water Works Association and issue an appropriate water distribution operator certificate for those certified operators that have satisfied the provisions regulating water distribution system operators. Existing law requires the board to recognize as valid and sufficient certificates issued by certification programs of other states, as specified. This bill would repeal these provisions and instead would require the board to issue a water treatment operator certificate and water distribution operator certificate by reciprocity to any person holding a valid, unexpired, comparable certification issued by another state, the United States, prescribed territories or tribal governments, or a unit of any of these. (2) Existing law requires the State Water Resources Control Board to classify types of wastewater treatment plants for the purpose of determining the levels of competence necessary to operate them. Existing law requires supervisors and operators of wastewater treatment plants to possess a certificate of appropriate grade. Existing law authorizes the board to exempt from these requirements certain facilities. This bill would require a person who operates a nonexempt wastewater treatment plant to possess a valid, unexpired wastewater certificate or water treatment operator certificate of the appropriate grade. The bill would require the board to prescribe the procedures and requirements for designation of a chief plant operator and the duties of a chief plant operator. Existing law authorizes the board to suspend, revoke, or refuse to grant or renew any certificate issued by the board to operate a wastewater treatment plant or to place on probation or reprimand the certificate holder upon any reasonable grounds. This bill would include willful or negligent acts that cause or allow the violation of the Porter-Cologne Water Quality Control Act as reasonable grounds for these purposes. Under existing law, any person who submits to the board false or misleading information on an application for a certificate to operate a wastewater treatment plant or on an application for registration may be liable civilly in an amount not to exceed $5,000 for each violation. This bill would add that any person who submits to the board false or misleading information on an application for an examination for a wastewater certificate may be liable civilly in that amount. Under existing law, operating, owning, or allowing the employment of a person who operates a wastewater treatment plant that does not hold a valid, unexpired certificate of the appropriate grade is a misdemeanor and civil liability may be imposed in an amount not to exceed $100 for each day of violation. This bill would make a person who operates a wastewater treatment plant without a wastewater certificate or a water recycling treatment plant without a wastewater certificate or water treatment operator certificate, as prescribed, guilty of a misdemeanor and provides that civil liability may be imposed. This bill would make employing such a person subject to the same penalties. By expanding the definition of a crime, this bill would impose a state-mandated local program. Existing law requires certificates to be renewed biennially. This bill would require a wastewater certificate issued or renewed on or after January 1, 2017, to be renewed triennially. Existing law authorizes the 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. Existing law authorizes the board to expend the moneys in the fund, upon appropriation by the Legislature, for purposes of administering the program. This bill would require the board to establish a fee schedule to provide revenues that do not exceed the amount necessary, but are sufficient, to recover all the costs of the program. This bill would require the board to adopt, by emergency regulations, a schedule of fees to recover costs incurred for the purposes of this program, as prescribed. This bill would require the board to review and revise the fees, as necessary, each fiscal year. Existing law requires any operator employed at certain privately owned facilities used primarily in the treatment or reclamation of sewage to pass any written examination administered by the board and to be credited with one year of experience for purposes of operator certification. Existing law authorizes the board to charge a reasonable fee for administering these provisions. This bill would eliminate these provisions. Existing law authorizes the board to approve courses of instruction at higher educational institutions that will qualify operators for each grade of certification and approve courses of instruction given by professional associations, nonprofit private agencies, or public agencies that are deemed equivalent. This bill would eliminate the requirement that the private agencies be nonprofit. Existing law requires the board to appoint an advisory committee to assist it in carrying out its wastewater treatment plant classification and operator certification responsibilities. Existing law provides that the advisory committee consists of 9 persons. This bill would add a 10th person to the advisory committee, a person employed as an operator at a water recycling treatment plant. (3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Bill Text

• Chaptered 09/12/16 - Chaptered Current pdf September 12, 2016
• Enrolled 08/23/16 - Enrolled pdf August 23, 2016
• Amended 08/08/16 - Amended Senate pdf August 08, 2016
• Amended 05/25/16 - Amended Senate pdf May 25, 2016
• Amended 05/09/16 - Amended Assembly pdf May 09, 2016
• Amended 04/21/16 - Amended Assembly pdf April 21, 2016
• Introduced 02/29/16 - Introduced pdf February 29, 2016
• AB2890 View text html

Action History

1. September 12, 2016

   Chaptered by Secretary of State - Chapter 305, Statutes of 2016.

2. September 12, 2016

   Approved by the Governor.

3. August 29, 2016

   Enrolled and presented to the Governor at 4 p.m.

4. August 22, 2016

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 53. Noes 24. Page 6047.).

5. August 16, 2016

   In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 18 pursuant to Assembly Rule 77.

6. August 15, 2016

   Read third time. Passed. Ordered to the Assembly. (Ayes 27. Noes 11. Page 4975.).

7. August 09, 2016

   Read second time. Ordered to third reading.

8. August 08, 2016

   Read third time and amended. Ordered to second reading.

9. June 28, 2016

   Read second time. Ordered to third reading.

10. June 27, 2016

    From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

11. June 15, 2016

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (June 15). Re-referred to Com. on APPR.

12. June 06, 2016

    In committee: Set, first hearing. Hearing canceled at the request of author.

13. May 25, 2016

    From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on E.Q.

14. May 19, 2016

    Referred to Com. on E.Q.

15. May 12, 2016

    In Senate. Read first time. To Com. on RLS. for assignment.

16. May 12, 2016

    Read third time. Passed. Ordered to the Senate. (Ayes 51. Noes 26. Page 4769.)

17. May 09, 2016

    Read third time and amended. Ordered to third reading. (Page 4719.)

18. April 28, 2016

    Read second time. Ordered to third reading.

19. April 27, 2016

    From committee: Do pass. (Ayes 13. Noes 6.) (April 27).

20. April 25, 2016

    Re-referred to Com. on APPR.

21. April 21, 2016

    From committee chair, with author's amendments: Amend, and re-refer to Com. on APPR. Read second time and amended.

22. April 13, 2016

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (April 12). Re-referred to Com. on APPR.

23. March 28, 2016

    Referred to Com. on E.S. & T.M.

24. March 01, 2016

    From printer. May be heard in committee March 31.

25. February 29, 2016

    Read first time. To print.

Sponsors

• Committee on Environmental Safety and Toxic Materials · Primary
• Ting · Cosponsor

Votes

Subjects