New Mexico 2021 Regular Session Status: To Executive

HB 103 — UTILITY OPERATOR CERTIFICATION ACT CHANGES

Last action — Vetoed

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2021 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

217 added · 408 removed

Plain-language change summary

The recent amendments to Bill HB 103 introduce new categories of certification services related to utility operators and establish late fees for certifications. The changes also clarify definitions within the existing law, ensuring that everyone understands the terms used in the Utility Operators Certification Act. These updates are important because they aim to improve the certification process for individuals working in public water supply and wastewater systems, which can enhance overall public health and safety.

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HOUSE BILL 103 55TH LEGISLATURE - STATEOFNEWMEXICO- FIRST SESSION, 2021 INTRODUCED BY Phelps Anderson and Willie D.
AN ACT RELATING TO CERTIFICATION;
Madrid This document may incorporate amendments proposed by a committee, but not yet adopted, as well as amendments that have been adopted during the current legislative session.
PROVIDING FOR AND ADDING CATEGORIES OF CERTIFICATION SERVICES TO THE UTILITY OPERATORS CERTIFICATION ACT;
The document is a tool to show amendments in context and cannot be used for the purpose of adding amendments to legislation.
h AN ACT g o RELATING TO CERTIFICATION;
PROVIDING FOR AND ADDING CATEGORIES t hr g e i k OF CERTIFICATION SERVICES TO THE UTILITY OPERATORS h r i s CERTIFICATION ACT;
PROVIDING h , t, DEFINITIONS;
PROVIDING DEFINITIONS;
e u g e b l e e h n d d i = = o h BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
l ] b ,d i a º e SECTION 1.
SECTION 1.
Section 61-33-2 NMSA 1978 (being Laws 1992, r i = r t e w d m a n o Chapter 44, Section 2, as amended) is amended to read:
Section 61-33-2 NMSA 1978 (being Laws 1992, Chapter 44, Section 2, as amended) is amended to read:
d m :
"61-33-2.
b e d s º o t n = .218543.2SAAIC February 18, 2021 (11:44am) s k m e e a n e d r e l u [ A d "61-33-2.
[A.] D.
D.
[B.
E.
] E.
h [C.
HB 103/a Page 1 F.
] F.
"department" means the department of environment;
"department" means the department of g o t hr environment;
G.
g e i k [D.
"domestic liquid waste" means human excreta and water-carried waste from typical residential plumbing fixtures and activities, including waste from toilets, sinks, bath fixtures, clothes or dishwashing machines and floor drains;
] G.
H.
"domestic liquid waste" means human excreta h r i s and water-carried waste from typical residential plumbing h , t, fixtures and activities, including waste from toilets, sinks, e u g e b l e e h bath fixtures, clothes or dishwashing machines and floor n d d i = = o h drains;
"domestic liquid waste treatment unit" means any system that is designed to discharge less than two thousand gallons per day and that is subject to rules promulgated by the environmental improvement board pursuant to Paragraph (3) of Subsection A of Section 74-1-8 NMSA 1978 or a watertight unit designed, constructed and installed to stabilize only domestic liquid waste and to retain solids contained in such domestic liquid waste, including septic tanks;
l ] b ,d i a º e [E.
] H.
"domestic liquid waste treatment unit" r i = r t e w d m a n o means any system that is designed to discharge less than two d m :
b e d s º o t n = .218543.2SAAIC February 18, 2021 (11:44am) s k m e - 2 - e a n e d r e l u [ A d thousand gallons per day and that is subject to rules promulgated by the environmental improvement board pursuant to Paragraph (3) of Subsection A of Section 74-1-8 NMSA 1978 or a watertight unit designed, constructed and installed to stabilize only domestic liquid waste and to retain solids contained in such domestic liquid waste, including septic tanks;
"late penalty" means a monetary amount HSEICºfor»HSEIC HSEICºthat is assessed to»HSEIC a renewal application HSEICºthat is received by»HSEIC HSEICºwhen the h application is filed with»HSEIC the department after the u » r established HSEICºfee»HSEIC HSEICºapplication »HSEIC t h g e l i deadline;
"late penalty" means a monetary amount that is assessed to a renewal application when the application is filed with the department after the established application HB 103/a Page 2 deadline;
h r i s [F.] L.
L.
"operate" means performing any activity, h , e h function, process control decision or system integrity decision t u g e b l e e , gh regarding water quality or water quantity that has the n d d i = = o h potential to affect the proper functioning of a public water l ] b ,d i a º r supply system or public wastewater facility or to affect human e r = t e w d m a n o health, public welfare or the environment;
"operate" means performing any activity, function, process control decision or system integrity decision regarding water quality or water quantity that has the potential to affect the proper functioning of a public water supply system or public wastewater facility or to affect human health, public welfare or the environment;
d m :
M.
b r e t º o t n = .218543.2SAAIC February 18, 2021 (11:44am) s k m e - 3 - e a n e d r e l u [ A d [G.] M.
[H.
N.
] N.
or (2) any industrial facility subject to an industrial pretreatment program regulated by the United States environmental protection agency [under ] pursuant to the h requirements of the federal Clean Water Act of 1977;
or (2) any industrial facility subject to an industrial pretreatment program regulated by the United States environmental protection agency pursuant to the requirements of the federal Clean Water Act of 1977;
and g o t hr [I.
and HB 103/a Page 3 O.
] O.
g e i k (1) a system for the provision through pipes h r i s or other constructed conveyances to the public of water for h , t, human consumption or domestic purposes if the system:
(1) a system for the provision through pipes or other constructed conveyances to the public of water for human consumption or domestic purposes if the system:
e u g e b l e e h (a) has at least fifteen service n d d i = = o h connections;
(a) has at least fifteen service connections;
or l ] b ,d i a º e (b) regularly serves an average of at r i = r t e w d m a n o least twenty-five individuals at least sixty days of the year;
or (b) regularly serves an average of at least twenty-five individuals at least sixty days of the year;
d m :
and (2) includes any water supply source and any treatment, storage and distribution facilities under control of the operator of the system." SECTION 2.
b e d s º o t n = .218543.2SAAIC February 18, 2021 (11:44am) s k m e - 4 - e a n e d r e l u [ A d and (2) includes any water supply source and any treatment, storage and distribution facilities under control of the operator of the system." SECTION 2.
h (3) type and character of the water or g o t hr wastewater to be treated;
(3) type and character of the water or HB 103/a Page 4 wastewater to be treated;
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and g e i k (4) physical conditions affecting the h r i s treatment plants, collection systems and distribution systems;
and (4) physical conditions affecting the treatment plants, collection systems and distribution systems;
h , t, B.
B.
adopt rules providing standards and criteria for e u g e b l e e h the certification of operators based on their qualifications n d d i = = o h and their ability to operate public water supply systems or l ] b ,d i a º e public wastewater facilities of the various classifications;
adopt rules providing standards and criteria for the certification of operators based on their qualifications and their ability to operate public water supply systems or public wastewater facilities of the various classifications;
r i = r t e w d m a n o C.
C.
appoint a seven-member board from certified d m :
appoint a seven-member board from certified operators to function with the commission to establish qualifications of operators, classify public water supply systems and public wastewater facilities, adopt rules and advise the department on the administration of the Utility Operators Certification Act.
b e d s º o t n = .218543.2SAAIC February 18, 2021 (11:44am) s k m e - 5 - e a n e d r e l u [ A d operators to function with the commission to establish qualifications of operators, classify public water supply systems and public wastewater facilities, adopt rules and advise the department on the administration of the Utility Operators Certification Act.
[and ] E.
E.
and F.
and HB 103/a Page 5 F.
provide for the department to administer a h program for certification or review of qualifications of an g o t hr operator pursuant to the standards established pursuant to g e i k Subsection B of this section or for the assistance of an h r i s operator applicant through:
provide for the department to administer a program for certification or review of qualifications of an operator pursuant to the standards established pursuant to Subsection B of this section or for the assistance of an operator applicant through:
h , t, (1) a certification examination;
(1) a certification examination;
e u g e b l e e h (2) a certification testing application n d d i = = o h review;
(2) a certification testing application review;
l ] b ,d i a º e (3) an equivalency application review;
(3) an equivalency application review;
or r i = r t e w d m a n o (4) an examination review." d m :
or (4) an examination review." SECTION 3.
b e d s º o t n = .218543.2SAAIC February 18, 2021 (11:44am) s k m e - 6 - e a n e d r e l u [ A d SECTION 3.
APPLICATION REQUIREMENTS--FEES--FUND CREATED-- ENDORSEMENT.-- A.
APPLICATION REQUIREMENTS--FEES--FUND CREATED--ENDORSEMENT.-- A.
(1) [make] submit an application on forms [furnished ] provided by the department;
(1) submit an application on forms provided by the department;
and (3) pay [in advance to the department fees set by rule not to exceed:
and (3) pay to the department all applicable fees at the time the application is submitted, including any late penalty.
(a) for examination for certification in each classification $100;
A late penalty shall be applied to a certification renewal application for each month that the HB 103/a Page 6 application is received by the department after the established application deadline for up to one year.
(b) for renewal of a certificate after a h period set by rule $40;
and g o t hr (c) for issuance of a certificate by g e i k endorsement $100] to the department all applicable fees at the h r i s time the application is submitted, including HSEICºa»HSEIC h , t, HSEICºany»HSEIC late penalty HSEICº,»HSEIC HSEICº.»HSEIC e u g e b l e e h HSEICºwhich»HSEIC HSEICºA late penalty»HSEIC shall be applied n d d i = = o h to a certification renewal application for each month that the l ] b ,d i a º e application is received by the department after the established r i = r t e w d m a n o HSEICºfee»HSEIC HSEICºapplication»HSEIC deadline for up to d m :
b e d s º o t n = .218543.2SAAIC February 18, 2021 (11:44am) s k m e - 7 - e a n e d r e l u [ A d one year.
The commission may approve subsequent adjustments in the fees for the services listed in Subsection B of this section and may promulgate rules pursuant to the State Rules Act and the Water Quality Act to establish reasonable fees for additional services necessary to support the purposes h of the Utility Operators Certification Act;
The commission may approve subsequent adjustments in the fees for the services listed in Subsection B of this section and may promulgate rules pursuant to the State Rules Act and the Water Quality Act to establish reasonable fees for additional services necessary to support the purposes of the Utility Operators Certification Act;
g o t hr (1) fees may not be increased more than once g e i k per calendar year;
(1) fees may not be increased more than once per calendar year;
and h r i s (2) the fee for certification examination h , t, shall not be greater than the fee charged by the association of e u g e b l e e h boards of certification or other examination provider approved n d d i = = o h by the department.
and (2) the fee for certification examination shall not be greater than the fee charged by the association of boards of certification or other examination provider approved by the department.
l ] b ,d i a º e D.
HB 103/a Page 7 D.
A fee paid by an applicant approved by the r i = r t e w d m a n o department for a scheduled examination shall not be refundable.
A fee paid by an applicant approved by the department for a scheduled examination shall not be refundable.
d m :
E.
b e d s º o t n = .218543.2SAAIC February 18, 2021 (11:44am) s k m e - 8 - e a n e d r e l u [ A d [B.] E.
[C.
F.
] F.
The department may, in its discretion, endorse for certification without examination an operator who submits evidence satisfactory to the department that the applicant has reached the age of majority and holds a valid license or certification in any state, territory or foreign jurisdiction having standards equal to or exceeding those of New Mexico." SECTION 4.
The department may, in its discretion, endorse for certification without examination an operator who submits evidence satisfactory to the department that the applicant has reached the age of majority and holds a valid h license or certification in any state, territory or foreign g o t hr jurisdiction having standards equal to or exceeding those of g e i k New Mexico.
EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2021.
h r i s [D.
HB 103/a Page 8 25
Fees shall not be increased more than once per h , t, calendar year.
The first increase of the fees shall not result e u g e b l e e h in any fee greater than thirty dollars ($30.00).
Any n d d i = = o h subsequent increase of the fees shall not be more than five l ] b ,d i a º e percent of the existing fee.]" r i = r t e w d m a n o SECTION 4.
EFFECTIVE DATE.--The effective date of the d m :
b e d s º o t n = .218543.2SAAIC February 18, 2021 (11:44am) s k m e - 9 - e a n e d r e l u [ A d provisions of this act is July 1, 2021.
- 10 - » g o » r h t i k l i g t h s , e h t l i w l b l e e , g n d l h = = b , a l º d i a r e r = , a t e d m a n o d m :
b r e t º o t n = .218543.2SAAIC February 18, 2021 (11:44am) s k em e e a n e d r e l u [ A d
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Action History

  1. Vetoed

  2. passed Senate

  3. DO PASS committee report adopted

  4. DO PASS committee report adopted

  5. Sent to Senate Conservation Committee & Senate Tax, Business and Transportation Committee

  6. passed House

  7. DO PASS, as amended, committee report adopted

  8. DO PASS committee report adopted

  9. Sent to House Energy, Environment and Natural Resources Committee & House State Government, Elections & Indian Affairs Committee

  10. Sent to House Pre-file

Sponsors

  • Phelps Anderson · Primary
  • Willie D. Madrid · Primary
  • Elizabeth "Liz" Stefanics · Primary

Sponsorship breakdown

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3 sponsors · 0 co-sponsors · 110 not signed on

Sponsors (3)

  • Anderson, Phelps
  • Madrid, Willie D.
  • Stefanics, Elizabeth "Liz"

Co-sponsors (0)

None.

Not signed on (110)

110 members have not signed on to this bill.

Show all 110 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

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Frequently asked questions

Who sponsors HB 103?
HB 103 is sponsored by Anderson, Phelps, Madrid, Willie D., and Stefanics, Elizabeth "Liz".
What is the current status of HB 103?
This bill died with 2021 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 103?
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