Existing law, the California Safe Drinking Water Act, requires the State Water Resources Control Board to administer provisions relating to the regulation of drinking water to protect public health, including, but not limited to, conducting research, studies, and demonstration projects relating to the provision of a dependable, safe supply of drinking water, enforcing the federal Safe Drinking Water Act, adopting regulations, and conducting studies and investigations to assess the quality of private domestic water wells.

Existing law requires any person who owns a public water system to ensure that the system does certain things, including, but not limited to, that it will not be subject to backflow under normal operating conditions. Existing law, to ensure that testing and maintenance of backflow prevention devices are performed by persons qualified to do testing and maintenance, authorizes local health officers to maintain programs for certification of backflow prevention device testers and requires the certification program to be consistent with backflow protection regulations adopted by the state board. A violation of these provisions, or of an order by a local health officer pursuant to these provisions, is a misdemeanor.

Existing law requires the state board, on or before January 1, 2020, to adopt standards for backflow protection and cross-connection control.

This bill would require valid and current certifications for cross-connection inspection and testing or backflow prevention device inspection, testing, and maintenance that meet specified requirements for competency to be accepted certification tests either until the state board promulgates standards for certified backflow prevention device testers and cross-connection control specialists, or until January 1, 2020, whichever comes first. The bill would, under certain conditions, prohibit a water supplier from refusing to recognize statewide certifications that meet standards set by the state board. Because a violation of that prohibition would be a crime, the bill would impose a state-mandated local program by creating a new crime.

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.

Existing law, the California Safe Drinking Water Act, requires the State Water Resources Control Board to administer provisions relating to the regulation of drinking water to protect public health, including, but not limited to, conducting research, studies, and demonstration projects relating to the provision of a dependable, safe supply of drinking water, enforcing the federal Safe Drinking Water Act, adopting regulations, and conducting studies and investigations to assess the quality of private domestic water wells.

Existing law requires any person who owns a public water system to ensure that the system does certain things, including, but not limited to, that it will not be subject to backflow under normal operating conditions. Existing law, to ensure that testing and maintenance of backflow prevention devices are performed by persons qualified to do testing and maintenance, authorizes local health officers to maintain programs for certification of backflow prevention device testers and requires the certification program to be consistent with backflow protection regulations adopted by the state board. A violation of these provisions, or of an order by a local health officer pursuant to these provisions, is a misdemeanor.

Existing law requires the state board, on or before January 1, 2020, to update its adopt standards for backflow protection and cross-connection control regulations and to set forth uniform, statewide standards for the certification of backflow prevention device testers and cross-connection control specialists, as provided. The bill would require a public water system to implement a cross-connection control program that complies with applicable regulations and the standards set forth by the state board. control.

This bill would require valid and current certifications for cross-connection inspection and testing or backflow prevention device inspection, testing, and maintenance that were determined by the State Department of Public Health to demonstrate competency before January 1, 2016, to be approved California-specific certifications meet specified requirements for competency to be accepted certification tests either until the state board promulgates regulations standards for certified backflow prevention device testers and cross-connection control specialists, or until January 1, 2020, whichever comes first. The bill would, under certain conditions, prohibit a water supplier from refusing to recognize statewide certifications that meet standards set by regulations of the state board. Because a violation of that prohibition would be a crime, the bill would impose a state-mandated local program by creating a new crime.

Existing law, the California Safe Drinking Water Act, requires the State Water Resources Control Board to administer provisions relating to the regulation of drinking water to protect public health, including, but not limited to, conducting research, studies, and demonstration projects relating to the provision of a dependable, safe supply of drinking water, enforcing the federal Safe Drinking Water Act, adopting regulations, and conducting studies and investigations to assess the quality of private domestic water wells.

Existing law requires any person who owns a public water system to ensure that the system does certain things, including, but not limited to, that it will not be subject to backflow under normal operating conditions. Existing law, to ensure that testing and maintenance of backflow prevention devices are performed by persons qualified to do testing and maintenance, authorizes local health officers to maintain programs for certification of backflow prevention device testers and requires the certification program to be consistent with backflow protection regulations adopted by the state board. A violation of these provisions, or of an order by a local health officer pursuant to these provisions, is a misdemeanor.

Existing regulations establish standards for a backflow prevention device and cross-connection control.

This bill would require the state board, on or before January 1, 2020, to update its backflow protection and cross-connection control regulations and to set forth uniform, statewide standards for the certification of backflow prevention device testers and cross-connection control specialists, as provided. The bill would require a public water system to implement a cross-connection control program that complies with applicable regulations and the standards set forth by the state board.

The bill would require valid and current certifications for cross-connection inspection and testing or backflow prevention device inspection, testing, and maintenance that were determined by the State Department of Public Health to demonstrate competency before January 1, 2016, to be approved California-specific certifications either until the state board promulgates regulations for certified backflow prevention device testers and cross-connection control specialists, or until January 1, 2020, whichever comes first. The bill would, under certain conditions, prohibit a water supplier from refusing to recognize statewide certifications that meet standards set by regulations of the state board.

Existing law, the California Safe Drinking Water Act, requires the State Water Resources Control Board to administer provisions relating to the regulation of drinking water to protect public health, including, but not limited to, conducting research, studies, and demonstration projects relating to the provision of a dependable, safe supply of drinking water, enforcing the federal Safe Drinking Water Act, adopting regulations, and conducting studies and investigations to assess the quality of private domestic water wells.

Existing law requires any person who owns a public water system to ensure that the system does certain things, including, but not limited to, that it will not be subject to backflow under normal operating conditions. Existing law, to ensure that testing and maintenance of backflow prevention devices are performed by persons qualified to do testing and maintenance, authorizes local health officers to maintain programs for certification of backflow prevention device testers and requires the certification program to be consistent with backflow protection regulations adopted by the state board. A violation of these provisions, or of an order by a local health officer pursuant to these provisions, is a misdemeanor.

The bill would require valid and current certifications for cross-connection inspection and testing or backflow prevention device inspection, testing, and maintenance that meet specified requirements for competency to be accepted certification tests were determined by the State Department of Public Health to demonstrate competency before January 1, 2016, to be approved California-specific certifications either until the state board promulgates regulations for cross-connection inspection and backflow prevention device inspection, testing, and maintenance, certified backflow prevention device testers and cross-connection control specialists, or until January 1, 2020, whichever comes first. The bill would, under certain conditions, prohibit a water supplier from refusing to recognize certification tests statewide certifications that meet standards set by regulations of the state board.

Existing law, the California Safe Drinking Water Act, requires the State Water Resources Control Board to administer provisions relating to the regulation of drinking water to protect public health, including, but not limited to, conducting research, studies, and demonstration projects relating to the provision of a dependable, safe supply of drinking water, enforcing the federal Safe Drinking Water Act, adopting regulations, and conducting studies and investigations to assess the quality of private domestic water wells.

Existing law requires any person who owns a public water system to ensure that the system does certain things, including, but not limited to, that it will not be subject to backflow under normal operating conditions. Existing law, to ensure that testing and maintenance of backflow prevention devices are performed by persons qualified to do testing and maintenance, authorizes local health officers to maintain programs for certification of backflow prevention device testers and requires the certification program to be consistent with backflow protection regulations adopted by the state board. A violation of these provisions, or of an order by a local health officer pursuant to these provisions, is a misdemeanor.

This bill would require valid and current certifications for cross-connection inspection and testing or backflow prevention device inspection, testing, and maintenance that were determined by the State Department of Public Health to demonstrate competency before January 1, 2016, to be approved California-specific certifications meet specified requirements for competency to be accepted certification tests either until the state board promulgates regulations for cross-connection inspection and testing and backflow prevention device inspection, testing, and maintenance, or until January 1, 2020, whichever comes first. The bill would, under certain conditions, prohibit a water supplier from refusing to recognize statewide certifications certification tests that meet standards set by regulations of the state board.

Existing law, the California Safe Drinking Water Act, requires the State Water Resources Control Board to administer provisions relating to the regulation of drinking water to protect public health, including, but not limited to, conducting research, studies, and demonstration projects relating to the provision of a dependable, safe supply of drinking water, enforcing the federal Safe Drinking Water Act, adopting regulations, and conducting studies and investigations to assess the quality of private domestic water wells.

Existing law requires any person who owns a public water system to ensure that the system does certain things, including, but not limited to, that it will not be subject to backflow under normal operating conditions. Existing law, to ensure that testing and maintenance of backflow prevention devices are performed by persons qualified to do testing and maintenance, authorizes local health officers to maintain programs for certification of backflow prevention device testers and requires the certification program to be consistent with backflow protection regulations adopted by the state board. A violation of these provisions, or of an order by a local health officer pursuant to these provisions, is a misdemeanor.

This bill would require valid and current certifications for cross-connection inspection and testing or backflow prevention device inspection, testing, and maintenance that were determined by the State Department of Public Health to demonstrate competency before January 1, 2016, to be approved California-specific certifications either until the state board promulgates regulations for cross-connection inspection and testing and backflow prevention device inspection, testing, and maintenance, or until January 1, 2020, whichever comes first. The bill would, under certain conditions, prohibit a water supplier from refusing to recognize statewide certifications that meet standards set by regulations of the state board.

Existing law provides for the licensing and certification of various professions by state boards and commissions. Existing law establishes the California Building Standards Commission and sets forth its powers and duties, including, but not limited to, the duty to codify all building standards adopted by state agencies into one California Building Standards Code.

This bill would require a person who performs maintenance or testing of a cross-connection or backflow prevention device to be certified, as specified. The bill would require the California Building Standards Commission to publish a list of approved statewide certification providers on or before January 1, 2019. The bill would provide exceptions for local certification programs and for acceptance of previously issued certifications in certain circumstances.

GOVERNOR'S VETO

GV Bill Id:AB 1529

Author:(Thurmond and Caballero)

As Enrolled Ver:September 4, 2018

2/3 vote

Original Committee Reference: E.S. & T.M.

SUMMARY: Requires that cross-connection or backflow prevention certifications that meet specified regulatory requirements for competency are accepted certification tests either until the State Water Resources Control Board (State Water Board) promulgates related standards or until January 1, 2020, whichever comes first. Prohibits a water supplier, under certain conditions, from refusing to recognize statewide certifications that meet the standards set by the State Water Board.

The Senate amendments

1. Delete, in relation to requirements for competency for cross-connection or backflow prevention device inspection, testing, and maintenance certifications, references to certifications that were determined by the State Department of Public Health (DPH) to demonstrate competency. Reference, instead, certifications that meet the requirements for competency as provided in California Code of Regulations Title 17, Sections 7583 to 7605, inclusive, upon which DPH based its previous competency determinations.
2. Require that certifications that meet the requirements for competency are "accepted" certification tests, instead of "approved California-specific" certifications.
3. Specify that the requirements in this bill relate to certifications held by backflow prevention device testers and cross-connection control specialists working on devices located on the customer's side of a public water meter or on the customer's side of a public water connection.
4. Specify that the customer's side of a public water connection includes any devices, piping, or equipment for which the customer is responsible for testing, maintenance, or repair costs.
5. Delete references to cross-connection or backflow prevention regulations and instead reference cross-connection or backflow prevention standards.
6. Make technical and conforming changes, especially in relation to statute enacted under AB 1671 (Caballero) Chapter 533, Statutes of 2017.

FISCAL EFFECT: According to the Senate Appropriations Committee, enactment of a previous version of this bill could result in likely significant costs resulting from pressure for the State Water Board to develop regulations and complete related activities such as outreach and technical assistance to water agencies, and enforce new regulations.

COMMENTS:

Backflow: Drinking water distribution systems contain points called cross-connections where nonpotable water can be connected to potable sources. These cross-connections can provide a pathway for backflow, which is the undesirable reversal of the flow of liquid, gas, or solid into the potable water supply. Water supply systems are maintained at a pressure significant enough to enable water to flow from the tap; however, when pressure fails or is reduced, which may happen if a water main bursts, pipes freeze, or there is unexpectedly high demand on the water system such as an emergency firefighting water drawdown, other water or substances may be drawn up into the system as backflow. Additionally, non-potable substances may be pushed into a potable water supply if the pressure in the downstream piping system exceeds the pressure in the potable water system.

Health risks associated with backflow: A variety of biological and chemical contaminants have been introduced into drinking water distribution systems by cross-connections and backflow. Contamination from cross-connections and backflow can occur not only where the cross-connection is located, but at sites upstream and downstream, as contaminants spread. Contaminants that have entered drinking water systems through backflow include pathogenic microorganisms, pesticides, metals, synthetic and volatile organic compounds, nitrates, and nitrites.

Backflow prevention: Backflow preventers are mechanical assemblies used to prevent contaminated fluids from entering the water supply system. A wide variety of devices exist that can be used to prevent backflow from adding contaminated fluids or gases into a potable water supply system. Generally, the selection of the proper device is based upon the degree of hazard posed by the cross-connection, as well as piping size, location, and the potential need to periodically test the devices to insure proper operation.

Cross-connection control and backflow regulation in California: The California Code of Regulations, Title 17, contains the fundamental components of California's regulatory requirements for cross-connections and backflow prevention. The Department of Health Services (DHS) promulgated the existing cross-connection and backflow regulations in Title 17 in 1987, when that department administered the state's drinking water program. When CDPH became a stand-alone department (it had previously been under the umbrella of DHS), it assumed responsibility for administering the drinking water, and thus the backflow prevention, programs. The cross-connection and backflow regulations have not been updated since 1987. On July 1, 2014, the Legislature transferred the administration of the drinking water and backflow prevention programs from DPH to the State Water Board.

Certification of backflow prevention device testers: The proper testing of backflow prevention assemblies is critical to maintaining a protective cross-connection control program, preventing backflow, and properly administering safe drinking water systems. In California, regulation requires water suppliers to protect the public water supply from contamination by the implementation of a cross-connection control program. In order to ensure that qualified persons perform the testing and maintenance of backflow prevention devices, statute authorizes local health officers to maintain programs for the certification of backflow prevention device testers. Regulation also provides that the cross-connection control program, including testing backflow preventers, may be implemented directly by the water supplier or by means of a contract with the local health agency, or with another agency approved by the health agency. Per regulation, backflow preventers must be tested by persons who have "demonstrated their competency" in the testing of these devices to the water supplier or health agency. Statute and regulation set up a fragmented situation in which some local jurisdictions maintain a backflow prevention assembly tester certification program, but others do not.

In 2017, the Legislature passed, and Governor Edmund G. Brown signed, AB 1671 (Caballero) Chapter 533, Statutes of 2017, which requires the State Water Board to, on or before January 1, 2020, adopt backflow protection and cross-connection standards.

This bill requires that cross-connection or backflow prevention certifications that meet specified regulatory requirements for competency are accepted certification tests either until the State Water Board promulgates related standards or until January 1, 2020, whichever comes first. It also prohibits a water supplier, under certain conditions, from refusing to recognize statewide certifications that meet the standards set by the State Water Board.

GOVERNOR'S VETO MESSAGE:

This bill would require local water suppliers to accept current certifications issued for people who inspect cross-connection and backflow prevention devices, which protect drinking water supplies from contamination, if the certifications meet regulatory requirements that were in effect January 1, 2016. Additionally, once the State Water Resources Control Board adopts new standards for cross-connection control and backflow prevention - which they are expected to do by January 1, 2020 - water suppliers would be required to accept certifications that meet these new certification standards.

This bill is unnecessary and limits a water supplier's ability to protect public health and safety. The Water Board is in the process of developing new cross-connection and backflow prevention standards, which will provide consistent direction on the issue. Furthermore, the proposed regulations will preserve water suppliers' discretion to require standards that are more rigorous.

Analysis Prepared by: Shannon McKinney / E.S. & T.M. / (916) 319-3965 FN: 0005274

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 1529

Author:(Thurmond and Caballero)

As Amended Ver:August 14, 2018

Majority vote

Original Committee Reference: E.S. & T.M.

SUMMARY: Requires that cross-connection or backflow prevention certifications that meet specified regulatory requirements for competency are accepted certification tests either until the State Water Resources Control Board (State Water Board) promulgates related standards or until January 1, 2020, whichever comes first. Prohibits a water supplier, under certain conditions, from refusing to recognize statewide certifications that meet the standards set by the State Water Board.

The Senate amendments

1. Delete, in relation to requirements for competency for cross-connection or backflow prevention device inspection, testing, and maintenance certifications, references to certifications that were determined by the State Department of Public Health (DPH) to demonstrate competency. Reference, instead, certifications that meet the requirements for competency as provided in California Code of Regulations Title 17, Sections 7583 to 7605, inclusive, upon which DPH based its previous competency determinations.
2. Require that certifications that meet the requirements for competency are "accepted" certification tests, instead of "approved California-specific" certifications.
3. Specify that the requirements in this bill relate to certifications held by backflow prevention device testers and cross-connection control specialists working on devices located on the customer's side of a public water meter or on the customer's side of a public water connection.
4. Specify that the customer's side of a public water connection includes any devices, piping, or equipment for which the customer is responsible for testing, maintenance, or repair costs.
5. Delete references to cross-connection or backflow prevention regulations and instead reference cross-connection or backflow prevention standards.
6. Make technical and conforming changes, especially in relation to statute enacted under AB 1671 (Caballero) Chapter 533, Statutes of 2017.

FISCAL EFFECT: According to the Senate Appropriations Committee, enactment of a previous version of this bill could result in likely significant costs resulting from pressure for the State Water Board to develop regulations and complete related activities such as outreach and technical assistance to water agencies, and enforce new regulations.

COMMENTS:

Backflow: Drinking water distribution systems contain points called cross-connections where nonpotable water can be connected to potable sources. These cross-connections can provide a pathway for backflow, which is the undesirable reversal of the flow of liquid, gas, or solid into the potable water supply. Water supply systems are maintained at a pressure significant enough to enable water to flow from the tap; however, when pressure fails or is reduced, which may happen if a water main bursts, pipes freeze, or there is unexpectedly high demand on the water system such as an emergency firefighting water drawdown, other water or substances may be drawn up into the system as backflow. Additionally, non-potable substances may be pushed into a potable water supply if the pressure in the downstream piping system exceeds the pressure in the potable water system.

Health risks associated with backflow: A variety of biological and chemical contaminants have been introduced into drinking water distribution systems by cross-connections and backflow. Contamination from cross-connections and backflow can occur not only where the cross-connection is located, but at sites upstream and downstream, as contaminants spread. Contaminants that have entered drinking water systems through backflow include pathogenic microorganisms, pesticides, metals, synthetic and volatile organic compounds, nitrates, and nitrites.

Backflow prevention: Backflow preventers are mechanical assemblies used to prevent contaminated fluids from entering the water supply system. A wide variety of devices exist that can be used to prevent backflow from adding contaminated fluids or gases into a potable water supply system. Generally, the selection of the proper device is based upon the degree of hazard posed by the cross-connection, as well as piping size, location, and the potential need to periodically test the devices to insure proper operation.

Cross-connection control and backflow regulation in California: The California Code of Regulations, Title 17, contains the fundamental components of California's regulatory requirements for cross-connections and backflow prevention. The Department of Health Services (DHS) promulgated the existing cross-connection and backflow regulations in Title 17 in 1987, when that department administered the state's drinking water program. When CDPH became a stand-alone department (it had previously been under the umbrella of DHS), it assumed responsibility for administering the drinking water, and thus the backflow prevention, programs. The cross-connection and backflow regulations have not been updated since 1987. On July 1, 2014, the Legislature transferred the administration of the drinking water and backflow prevention programs from DPH to the State Water Board.

Certification of backflow prevention device testers: The proper testing of backflow prevention assemblies is critical to maintaining a protective cross-connection control program, preventing backflow, and properly administering safe drinking water systems. In California, regulation requires water suppliers to protect the public water supply from contamination by the implementation of a cross-connection control program. In order to ensure that qualified persons perform the testing and maintenance of backflow prevention devices, statute authorizes local health officers to maintain programs for the certification of backflow prevention device testers. Regulation also provides that the cross-connection control program, including testing backflow preventers, may be implemented directly by the water supplier or by means of a contract with the local health agency, or with another agency approved by the health agency. Per regulation, backflow preventers must be tested by persons who have "demonstrated their competency" in the testing of these devices to the water supplier or health agency. Statute and regulation set up a fragmented situation in which some local jurisdictions maintain a backflow prevention assembly tester certification program, but others do not.

In 2017, the Legislature passed, and Governor Edmund G. Brown signed, AB 1671 (Caballero) Chapter 533, Statutes of 2017, which requires the State Water Board to, on or before January 1, 2020, adopt backflow protection and cross-connection standards.

This bill requires that cross-connection or backflow prevention certifications that meet specified regulatory requirements for competency are accepted certification tests either until the State Water Board promulgates related standards or until January 1, 2020, whichever comes first. It also prohibits a water supplier, under certain conditions, from refusing to recognize statewide certifications that meet the standards set by the State Water Board.

Analysis Prepared by: Shannon McKinney / E.S. & T.M. / (916) 319-3965 FN: 0004106

 THIRD READING  

Bill No: AB 1529

Author:

:

Vote:

SENATE ENVIRONMENTAL QUALITY COMMITTEE: 5-2, 7/12/17

AYES: Wieckowski, Hill, Lara, Skinner, Stern

NOES: Stone, Gaines

SENATE APPROPRIATIONS COMMITTEE: 5-2, 9/1/17

AYES: Lara, Beall, Bradford, Hill, Wiener

NOES: Bates, Nielsen

SENATE FLOOR: 10-21, 9/15/17 (FAIL)

AYES: Atkins, Bradford, De León, Galgiani, Hernandez, Hueso, Lara, Leyva, Mitchell, Skinner

NOES: Allen, Anderson, Bates, Beall, Cannella, Dodd, Fuller, Glazer, Hertzberg, Hill, McGuire, Moorlach, Morrell, Nguyen, Nielsen, Stern, Stone, Vidak, Wieckowski, Wiener, Wilk

NO VOTE RECORDED: Berryhill, Gaines, Jackson, Mendoza, Monning, Newman, Pan, Portantino, Roth

ASSEMBLY FLOOR: 53-23, 5/30/17 - See last page for vote

SUBJECT: Drinking water: cross-connection or backflow prevention device inspectors: certification

SOURCE: International Association of Plumbing and Mechanical Officials

DIGEST:

This bill prohibits, under certain conditions, a water supplier from refusing to recognize specialist certifications that were determined by the Department of Public Health (DPH) to demonstrate competency for cross-connection or backflow prevention device testing and maintenance of devices on the customer’s side of a public water connection until the State Water Resources Control Board (SWRCB) promulgates regulations.

Senate Floor Amendments of 8/14/18 require that current valid certifications for cross-connection inspection that meet prior DPH requirements be accepted by public water systems for devices on the customer’s side of a public water connection until the SWRCB promulgates regulations.

ANALYSIS:

Existing law:

1. Requires SWRCB, under the California Safe Drinking Water Act, to administer provisions relating to the regulation of drinking water to protect public health, including, but not limited to, conducting research, studies, and demonstration programs relating to the provision of a dependable, safe supply of drinking water, enforcing the federal Safe Drinking Water Act, adoption of enforcement regulations, and conducting studies and investigations to assess the quality of water in domestic water supplies.
2. Requires any person who owns a public water system to ensure that the system does certain things, including, but not limited to, ensure cross connection safety and that the system will not be subject to backflow under normal operating conditions.
3. Authorizes local health officers to maintain programs for the certification of cross connection and backflow prevention device testers in order to ensure that testing and maintenance of cross connection and backflow prevention devices are performed by persons qualified to do testing and maintenance.
4. Requires cross connection and backflow preventers to be tested by persons who have demonstrated their competency in testing of these devices to the water supplier or health agency.
5. Requires that certification standards be consistent with the regulations adopted by DPH.
6. Requires SWRCB, on or before January 1, 2020, to adopt standards for backflow protection and cross-connection control.

This bill prohibits, under certain conditions, a water supplier from refusing to recognize specialist certifications that were determined by DPH to demonstrate competency for cross-connection or backflow prevention device testing and maintenance of devices on the customer’s side of a public water connection until the SWRCB promulgates regulations.

Background

1. What is backflow? Backflow is the undesirable reversal of the flow of liquid, gas or solid into the potable water supply. Water supply systems are maintained at a pressure significant enough to enable water to flow from the tap. However, when pressure fails or is reduced, which may happen if a water main bursts, pipes freeze, or there is unexpectedly high demand on the water system, water or substances from the ground, storage, or other sources may be drawn up into the system.

Additionally, non-potable substances may be pushed into a potable water supply if the pressure in the downstream piping system exceeds the pressure in the potable water system. Either of these backflow conditions can enable contaminated water or substances to enter the potable water distribution system, potentially risking public health and safety.

1. Backflow prevention? Backflow preventers are mechanical assemblies used to prevent contaminated fluids from entering the water supply system. According to the United States Environmental Protection Agency (US EPA), a wide choice of devices exists that can be used to prevent backflow from adding contaminated fluids or gases into a potable water supply system. These include air gaps, barometric loops, vacuum breakers—both atmospheric and pressure type, double check with intermediate atmospheric vent, double check valve assemblies, and reduced pressure principle devices. US EPA reports that, generally, the selection of the proper device is based upon the degree of hazard posed by the cross-connection. Additional considerations are based upon piping size, location, and the potential need to periodically test the devices to ensure proper operation.
2. Cross-connection control and backflow regulation in California. The California Code of Regulations, Title 17, contains the fundamental components of California’s regulatory requirements for cross-connections and backflow prevention. The Department of Health Services (DHS) promulgated the existing cross-connection and backflow regulations in Title 17 in 1987, when that department administered the state's drinking water program. When DPH became a stand-alone department (it had previously been under the umbrella of the DHS), it assumed responsibility for administering the drinking water, and thus the backflow prevention programs. On July 1, 2014, the Legislature transferred the administration of the drinking water and backflow prevention programs from DPH to SWRCB. The cross-connection and backflow regulations have not been updated since 1987.

Since it received responsibility for administering the drinking water program, SWRCB has made great progress in updating and advancing its many programs and regulations, but it is contending with a backlog of programs and regulations that were not revised for many years. One of those outdated programs is the cross-connection control and backflow prevention regulation.

In order to better prioritize its many drinking water programs in need of updating, SWRCB, at its February 22, 2017 meeting, discussed the consideration of a resolution to adopt a proposed prioritization list of drinking water regulations for 2017. As a result, SWRCB designated cross-connection control regulations as the sixth highest regulatory priority for 2017. SWRCB predicts the rule-making process for these regulations will begin this fall.

1. Certification of backflow prevention device testers? Because the only way a water system or the local health officer becomes aware of a broken or failed backflow system is when an incident has occurred resulting in the contamination of the water supply leading to a public health incident or the risk of a public health incident, the proper testing of backflow prevention assemblies is crucial to the prevention of backflow and is a cornerstone of a cross-connection control program. In order to ensure that testing and maintenance of backflow prevention devices are performed by qualified persons, statute authorizes local health officers to maintain programs for certification of backflow prevention device testers. Additionally, regulation requires backflow preventers to be tested by persons who have demonstrated their competency in testing of these devices to the water supplier or local health agency.

Per statute and regulation, in jurisdictions where the local health officer has not established a program for certification of backflow prevention device testers, water systems are responsible for hiring testers that have “demonstrated their competency.”

Should a backflow prevention device not be properly tested or maintained and result in an incident, the water system is responsible for the damage caused by that failure.

1. What happens when a backflow prevention fails? If a backflow preventer fails, potable water supplies are compromised and contaminants enter the water. Contaminants that may enter the potable water include, but are not limited to, untreated river, sea or lake water, pesticides, herbicides, fungicides, propane gas, boiler water with chemicals, anti-freeze, numerous chemicals, water from car wash establishments, dyes, sewage, worms, heavy metals such as arsenic, petrochemicals, water from flushing toilets or other drains.

The presence of contaminants from backflow in water can lead to adverse health effects, including both acute and long-term effects like gastrointestinal illness, reproductive problems, cancer and neurological disorders which can lead to hospitalization or death.

Related/Prior Legislation

AB 1671 (Caballero, Chapter 533, Statutes of 2017) requires SWRCB, on or before January 1, 2020, to update its backflow protection and cross-connection regulations.

AB 1173 (Williams, 2016) would have stated, that if a local health officer does not maintain a program for certification of backflow prevention device testers, that the local water system must hire a person who has received a California-specific certification for testing backflow prevention devices from any one of the following: the California-Nevada Section of the American Water Works Association, American Society of Sanitary Engineering International, American Backflow Prevention Association, or by other similar certification provider deemed acceptable by the SWRCB or the local health officer to conduct the testing and maintenance of a backflow prevention device. AB 1173 was held in the Senate Environmental Quality Committee at the request of the author.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local: Yes

According to the Senate Appropriations Committee, AB 1529 will have unknown, likely significant costs resulting from pressure for the SWRCB to develop regulations and complete related activities such as outreach and technical assistance to water agencies, and enforce new regulations.

SUPPORT: (Verified 8/15/18)

International Association of Plumbing and Mechanical Officials (source)

American Society of Sanitary Engineering

California Legislative Conference of the Plumbing, Heating and Piping Industry

California State Pipe Trades Council

OPPOSITION: (Verified 8/15/18)

Association of California Water Agencies

California Building Industry Association

California Business Properties Association

California Chamber of Commerce

California Municipal Utilities Association

California Water Association

California-Nevada Section, American Water Works Association

City of Richmond

Sacramento County Board of Supervisors

ASSEMBLY FLOOR: 53-23, 5/30/17

AYES: Aguiar-Curry, Arambula, Berman, Bloom, Bocanegra, Bonta, Burke, Caballero, Calderon, Cervantes, Chiu, Chu, Cooper, Dababneh, Daly, Frazier, Friedman, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gomez, Gonzalez Fletcher, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Levine, Limón, Low, McCarty, Medina, Mullin, Muratsuchi, Nazarian, O'Donnell, Quirk, Quirk-Silva, Reyes, Ridley-Thomas, Rodriguez, Rubio, Salas, Santiago, Mark Stone, Thurmond, Ting, Weber, Wood, Rendon

NOES: Acosta, Travis Allen, Baker, Bigelow, Brough, Chávez, Cooley, Cunningham, Dahle, Flora, Fong, Harper, Kiley, Lackey, Maienschein, Mathis, Mayes, Melendez, Obernolte, Patterson, Steinorth, Voepel, Waldron

NO VOTE RECORDED: Chau, Chen, Choi, Eggman

Prepared by:

8/15/18 14:34:46

**** END ****

 THIRD READING  

Bill No: AB 1529

Author: and Caballero (D)

Amended: 9/8/17 in Senate

Vote:

SENATE ENVIRONMENTAL QUALITY COMMITTEE: 5-2, 7/12/17

AYES: Wieckowski, Hill, Lara, Skinner, Stern

NOES: Stone, Gaines

SENATE APPROPRIATIONS COMMITTEE: 5-2, 9/1/17

AYES: Lara, Beall, Bradford, Hill, Wiener

NOES: Bates, Nielsen

ASSEMBLY FLOOR: 53-23, 5/30/17 - See last page for vote

SUBJECT:

SOURCE: International Association of Plumbing and Mechanical Officials

DIGEST:

This bill requires the State Water Resources Control Board (SWRCB) to adopt regulations with uniform standards for backflow and cross-connection testers/specialists and prohibits a water supplier from refusing to recognize certification tests that meet SWRCB’s standards when contractors, building operators, building owners, or property owners are required by the authority having jurisdiction to employ, contract with, or subcontract with a certified backflow prevention device tester or a certified cross-connection control specialist for devices located on the customer’s side of a public water meter or on the customer’s side of a public water connection.

ANALYSIS:

Existing law:

1. Requires SWRCB, under the California Safe Drinking Water Act, to administer provisions relating to the regulation of drinking water to protect public health, including, but not limited to, conducting research, studies, and demonstration programs relating to the provision of a dependable, safe supply of drinking water, enforcing the federal Safe Drinking Water Act, adoption of enforcement regulations, and conducting studies and investigations to assess the quality of water in domestic water supplies.
2. Requires any person who owns a public water system to ensure that the system does certain things, including, but not limited to, ensure cross connection safety and that the system will not be subject to backflow under normal operating conditions.
3. Authorizes local health officers to maintain programs for the certification of cross connection and backflow prevention device testers in order to ensure that testing and maintenance of cross connection and backflow prevention devices are performed by persons qualified to do testing and maintenance.
4. Requires cross connection and backflow preventers to be tested by persons who have demonstrated their competency in testing of these devices to the water supplier or health agency.
5. Requires that certification standards be consistent with the regulations adopted by the Department of Public Health (DPH).

This bill:

1. Requires SWRCB to draft and adopt regulations by January 1, 2020, that provide certification standards for backflow and cross-connection testers and specialists.
2. Requires that these regulations encourage workforce development and apprenticeships.
3. Requires certifications for cross-connection or backflow prevention device testing and maintenance that were determined by the DPH to demonstrate competency to be approved California-specific certifications until SWRCB adopts regulations, and prohibits, under certain conditions, a water supplier from refusing to recognize statewide certifications that meet standards set by the SWRCB.

Background

1. What is Backflow? Backflow is the undesirable reversal of the flow of liquid, gas or solid into the potable water supply. Water supply systems are maintained at a pressure significant enough to enable water to flow from the tap. However, when pressure fails or is reduced, which may happen if a water main bursts, pipes freeze, or there is unexpectedly high demand on the water system, water or substances from the ground, storage, or other sources may be drawn up into the system.

Additionally, non-potable substances may be pushed into a potable water supply if the pressure in the downstream piping system exceeds the pressure in the potable water system. Either of these backflow conditions can enable contaminated water or substances to enter the potable water distribution system, potentially risking public health and safety.

1. Backflow prevention? Backflow preventers are mechanical assemblies used to prevent contaminated fluids from entering the water supply system. According to the United States Environmental Protection Agency (US EPA), a wide choice of devices exists that can be used to prevent backflow from adding contaminated fluids or gases into a potable water supply system. These include air gaps, barometric loops, vacuum breakers—both atmospheric and pressure type, double check with intermediate atmospheric vent, double check valve assemblies, and reduced pressure principle devices. US EPA reports that, generally, the selection of the proper device is based upon the degree of hazard posed by the cross-connection. Additional considerations are based upon piping size, location, and the potential need to periodically test the devices to ensure proper operation.
2. Cross-connection control and backflow regulation in California. The California Code of Regulations, Title 17, contains the fundamental components of California’s regulatory requirements for cross-connections and backflow prevention. The Department of Health Services promulgated the existing cross-connection and backflow regulations in Title 17 in 1987, when that department administered the state's drinking water program. When DPH became a stand-alone department (it had previously been under the umbrella of the Department of Health Services), it assumed responsibility for administering the drinking water, and thus the backflow prevention programs. On July 1, 2014, the Legislature transferred the administration of the drinking water and backflow prevention programs from DPH to SWRCB. The cross-connection and backflow regulations have not been updated since 1987.

Since it received responsibility for administering the drinking water program, SWRCB has made great progress in updating and advancing its many programs and regulations, but it is contending with a backlog of programs and regulations that were not revised for many years. One of those outdated programs is the cross-connection control and backflow prevention regulation.

In order to better prioritize its many drinking water programs in need of updating, SWRCB, at its February 22, 2017, meeting, discussed the consideration of a resolution to adopt a proposed prioritization list of drinking water regulations for 2017. As a result, SWRCB designated cross-connection control regulations as the sixth highest regulatory priority for 2017. SWRCB predicts the rule-making process for these regulations will begin this fall.

1. Certification of backflow prevention device testers? Because the only way a water system or the local health officer becomes aware of a broken or failed backflow system is when an incident has occurred resulting in the contamination of the water supply leading to a public health incident or the risk of a public health incident, the proper testing of backflow prevention assemblies is crucial to the prevention of backflow and is a cornerstone of a cross-connection control program. In order to ensure that testing and maintenance of backflow prevention devices are performed by qualified persons, statute authorizes local health officers to maintain programs for certification of backflow prevention device testers. Additionally, regulation requires backflow preventers to be tested by persons who have demonstrated their competency in testing of these devices to the water supplier or local health agency.

Per statute and regulation, in jurisdictions where the local health officer has not established a program for certification of backflow prevention device testers, water systems are responsible for hiring testers that have “demonstrated their competency.”

Should a backflow prevention device not be properly tested or maintained and result in an incident, the water system is responsible for the damage caused by that failure.

1. What happens when a backflow prevention fails? If a backflow preventer fails, potable water supplies are compromised and contaminants enter the water. Contaminants that may enter the potable water include, but are not limited to, untreated river, sea or lake water, pesticides, herbicides, fungicides, propane gas, boiler water with chemicals, anti-freeze, numerous chemicals, water from car wash establishments, dyes, sewage, worms, heavy metals such as arsenic, petrochemicals, water from flushing toilets or other drains.

The presence of contaminants from backflow in water can lead to adverse health effects, including both acute and long-term effects like gastrointestinal illness, reproductive problems, cancer and neurological disorders which can lead to hospitalization or death.

Comments

1. Removing Discretion without Removing Liability. This bill requires water suppliers to accept certifications that have been determined by DPH to demonstrate competency “for devices located on the customer’s side of a public water meter or on the customer’s side of a public water connection”.

However, just because a device is “located on the customer’s side of a public water meter,” does not mean that it does connect to the public water supply.

The law requires that a water agency ensure that backflow and cross connections are installed, inspected and working correctly in order to protect public health.

It is not clear why the law should require that a certain certification test be accepted by water systems but that the water system still maintains the responsibility if that contractor contaminates the public water supply.

Why would the statute not require that the contractor be liable for a failure of their work and require bonding?

Related/Prior Legislation

AB 1671 (Caballero, 2017) requires, on or before January 1, 2020, SWRCB to update its backflow protection and cross-connection regulations. AB 1671 was held in the Senate Appropriations Committee.

AB 1173 (Williams, 2016) would have stated, that if a local health officer does not maintain a program for certification of backflow prevention device testers, that the local water system must hire a person who has received a California-specific certification for testing backflow prevention devices from any one of the following: the California-Nevada Section of the American Water Works Association, American Society of Sanitary Engineering International, American Backflow Prevention Association, or by other similar certification provider deemed acceptable by the SWRCB or the local health officer to conduct the testing and maintenance of a backflow prevention device. AB 1173 was held in the Senate Environmental Quality Committee at the request of the author.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

According to the Senate Appropriations Committee, AB 1529 will have unknown, likely significant costs resulting from pressure for the SWRCB to develop regulations and complete related activities such as outreach and technical assistance to water agencies, and enforce new regulations.

SUPPORT: (Verified 9/1/17)

International Association of Plumbing and Mechanical Officials (source)

American Society of Sanitary Engineering

California Legislative Conference of the Plumbing, Heating and Piping Industry

California State Pipe Trades Council

OPPOSITION: (Verified 9/15/17)

Association of California Water Agencies

California Building Industry Association

California Business Properties Association

California Chamber of Commerce

California Municipal Utilities Association

California Water Association

California-Nevada Section, American Water Works Association

City of Richmond

Sacramento County Board of Supervisors

ASSEMBLY FLOOR: 53-23, 5/30/17

AYES: Aguiar-Curry, Arambula, Berman, Bloom, Bocanegra, Bonta, Burke, Caballero, Calderon, Cervantes, Chiu, Chu, Cooper, Dababneh, Daly, Frazier, Friedman, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gomez, Gonzalez Fletcher, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Levine, Limón, Low, McCarty, Medina, Mullin, Muratsuchi, Nazarian, O'Donnell, Quirk, Quirk-Silva, Reyes, Ridley-Thomas, Rodriguez, Rubio, Salas, Santiago, Mark Stone, Thurmond, Ting, Weber, Wood, Rendon

NOES: Acosta, Travis Allen, Baker, Bigelow, Brough, Chávez, Cooley, Cunningham, Dahle, Flora, Fong, Harper, Kiley, Lackey, Maienschein, Mathis, Mayes, Melendez, Obernolte, Patterson, Steinorth, Voepel, Waldron

NO VOTE RECORDED: Chau, Chen, Choi, Eggman

Prepared by:

9/15/17 12:06:27

**** END ****

SENATE COMMITTEE ON

Senator Ricardo Lara, Chair

2017 - 2018 Regular Session

AB 1529 (Thurmond) - Cross-connection or backflow prevention device inspectors: certification

Bill Summary:

AB 1529 prohibits a water supplier from refusing to recognize certification tests that meet the State Water Resources Control Board’s (SWRCB) standards when contractors, building operators, building owners, or property owners are required by the authority having jurisdiction to employ, contract with, or subcontract with a certified backflow prevention device tester or a certified cross-connection control specialist for devices located on the customer’s side of a public water meter or on the customer’s side of a public water connection.

*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********

The following information is revised to reflect amendments

adopted by the committee on September 1, 2017

Fiscal Impact:

Unknown, significant costs for the SWRCB to adopt regulations and undergo related activities such as outreach and technical assistance to water agencies, and enforce new regulations.

Author Amendments:

• Requires the SWRCB to develop regulations that outline minimum backflow and cross-connection control standards.
• Requires the SWRCB to develop regulations that outline minimum backflow and cross-connection control tester standards.

-- END --

SENATE COMMITTEE ON APPROPRIATIONS

Senator Ricardo Lara, Chair

2017 - 2018 Regular Session

AB 1529 (Thurmond) - Cross-connection or backflow prevention device inspectors: certification

This bill meets the criteria for referral to the Suspense File.

Bill Summary:

AB 1529 prohibits a water supplier from refusing to recognize certification tests that meet the State Water Resources Control Board’s (SWRCB) standards when contractors, building operators, building owners, or property owners are required by the authority having jurisdiction to employ, contract with, or subcontract with a certified backflow prevention device tester or a certified cross-connection control specialist for devices located on the customer’s side of a public water meter or on the customer’s side of a public water connection.

Fiscal Impact:

Unknown, likely significant costs resulting from pressure for the SWRCB to develop regulations and complete related activities such as outreach and technical assistance to water agencies, and enforce new regulations.

Background:

What is backflow? Drinking water distribution systems contain points called cross-connections where nonpotable water can be connected to potable sources. These cross-connections can provide a pathway for backflow of nonpotable water into potable sources.

Backflow is the undesirable reversal of the flow of liquid, gas, or solid into the potable water supply. Water supply systems are maintained at a pressure significant enough to enable water to flow from the tap. However, when pressure fails or is reduced, which may happen if a water main bursts, pipes freeze, or there is unexpectedly high demand on the water system such as an emergency firefighting water drawdown, water or substances from the ground, storage, or other sources may be drawn up into the system. Additionally, non-potable substances may be pushed into a potable water supply if the pressure in the downstream piping system exceeds the pressure in the potable water system. Either of these backflow conditions can enable contaminated water or substances to enter the potable water distribution system, potentially risking public health and safety.

Backflow Regulation. The California Code of Regulations (CCR), Title 17, contains the fundamental components of California’s regulatory requirements for cross-connections and backflow prevention. The Department of Health Services promulgated the existing cross-connection and backflow regulations in Title 17 in 1987, when that department administered the state’s drinking water program. When the Department of Public Health (CDPH) became a stand-alone department (it had previously been under the umbrella of the Department of Health Services), it assumed responsibility for administering the drinking water, and thus the backflow prevention, programs. On July 1, 2014, the Legislature transferred the administration of the drinking water and backflow prevention programs from CDPH to SWRCB. The cross-connection and backflow regulations have not been updated since 1987.

Since it received responsibility for administering the drinking water program (now called the Division of Drinking Water, or DDW), SWRCB is updating its many programs and regulations, but it is contending with a backlog of programs and regulations that were not revised for many years. One of those outdated programs is the cross-connection control and backflow prevention regulation.

SWRCB predicts the rule-making process for Cross-Connection Control Regulations to begin this fall. This bill requires the State Water Board to update its backflow protection and cross-connection control regulations on or before January 1, 2020.

Proposed Law:

This bill:

1. States that valid and current certifications for cross-connection inspection or backflow prevention device inspection, testing, and maintenance that meet the regulatory and statutory requirements for competency before January 1, 2016 must be accepted certification tests either until the SWRCB promulgates regulations for cross-connection inspection and backflow prevention device inspection, testing, and maintenance, or until January 1, 2020, whichever comes first.
2. Prohibits a water supplier from refusing to recognize certification tests that meet the SWRCB’s standards when contractors, building operators, building owners, or property owners are required by the authority having jurisdiction to employ, contract with, or subcontract with a certified backflow prevention device tester or a certified cross-connection control specialist for devices located on the customer’s side of a public water meter or on the customer’s side of a public water connection.
3. Specifies that the customer’s side of a public water connection shall include any devices, piping, or equipment for which the customer is responsible for testing, maintenance, or repair costs.
4. Clarifies that the bill does not an agency, water supplier, or regulated public utility from rejecting the adequacy of a specific cross-connection or backflow prevention device inspection, test, or maintenance activity for reasons other than the identity of the certification provider.

Related Legislation:

AB 1671 (Caballero, 2017) requires, on or before January 1, 2020, SWRCB to update its backflow protection and cross-connection regulations. AB 1671 was heard in and passed out of the Senate Committee on Environmental Quality on June 21, 2017 (vote 6-0).

AB 1173 (Williams, 2016) would have stated, that if a local health officer does not maintain a program for certification of backflow prevention device testers, that the local water system must hire a person who has received a California-specific certification for testing backflow prevention devices from any one of the following: the California-Nevada Section of the American Water Works Association (AWAA), American Society of Sanitary Engineering (ASSE) International, American Backflow Prevention Association (ABPA), or by other similar certification provider deemed acceptable by the SWRCB or the local health officer to conduct the testing and maintenance of a backflow prevention device. AB 1173 was held in the Senate Committee on Environmental Quality at the request of the author.

-- END --

SENATE COMMITTEE ON ENVIRONMENTAL QUALITY

Senator Wieckowski, Chair

2017 - 2018 Regular

Bill No: AB 1529

SUBJECT: Cross-connection or backflow prevention device inspectors: certification.

ANALYSIS:

Existing law:

1. Under the California Safe Drinking Water Act, requires the State Water Resources Control Board (SWRCB) to administer provisions relating to the regulation of drinking water to protect public health, including, but not limited to, conducting research, studies, and demonstration programs relating to the provision of a dependable, safe supply of drinking water, enforcing the federal Safe Drinking Water Act, adoption of enforcement regulations, and conducting studies and investigations to assess the quality of water in domestic water supplies.
2. Requires any person who owns a public water system to ensure that the system does certain things, including, but not limited to, ensure cross connection safety and that the system will not be subject to backflow under normal operating conditions.
3. Authorizes local health officers to maintain programs for the certification of cross connection and backflow prevention device testers in order to ensure that testing and maintenance of cross connection and backflow prevention devices are performed by persons qualified to do testing and maintenance.
4. Requires cross connection and backflow preventers to be tested by persons who have demonstrated their competency in testing of these devices to the water supplier or health agency.
5. Requires that certification standards be consistent with the regulations adopted by the Department of Public Health (DPH).

This bill: Requires certifications for cross-connection or backflow prevention device testing and maintenance that were determined by the DPH to demonstrate competency to be approved California-specific certifications, and prohibits, under certain conditions, a water supplier from refusing to recognize statewide certifications that meet standards set by the State Water Resources Control Board (SWRCB). Specifically:

1. Provides that valid and current certifications for cross-connection inspection and testing or backflow prevention device inspection, testing, and maintenance that were determined by DPH to demonstrate competency in cross-connection inspection and testing or backflow prevention device inspection, testing, and maintenance before January 1, 2016, shall be approved California-specific certifications either until SWRCB promulgates regulations for cross-connection inspection and testing and backflow prevention device inspection, testing, and maintenance, or until January 1, 2020, whichever comes first.
2. Prohibits a water supplier, if contractors, building operators, building owners, or property owners are required to employ, contract with, or subcontract with a certified backflow prevention device tester or a certified cross-connection control specialist to receive water service, from refusing to recognize statewide certifications that meet standards set by regulations of SWRCB. Provides that nothing in this section prohibits an agency or regulated public utility from rejecting the adequacy of a specific cross-connection or backflow prevention device inspection, test, or maintenance activity for reasons other than the identity of the certification provider.

Background

1. What is Backflow? Backflow is the undesirable reversal of the flow of liquid, gas or solid into the potable water supply. Water supply systems are maintained at a pressure significant enough to enable water to flow from the tap. However, when pressure fails or is reduced, which may happen if a water main bursts, pipes freeze, or there is unexpectedly high demand on the water system, water or substances from the ground, storage, or other sources may be drawn up into the system.

Additionally, non-potable substances may be pushed into a potable water supply if the pressure in the downstream piping system exceeds the pressure in the potable water system. Either of these backflow conditions can enable contaminated water or substances to enter the potable water distribution system, potentially risking public health and safety.

1. Backflow prevention? Backflow preventers are mechanical assemblies used to prevent contaminated fluids from entering the water supply system. According to the United States Environmental Protection Agency (US EPA), a wide choice of devices exists that can be used to prevent backflow from adding contaminated fluids or gases into a potable water supply system. These include air gaps, barometric loops, vacuum breakers—both atmospheric and pressure type, double check with intermediate atmospheric vent, double check valve assemblies, and reduced pressure principle devices. US EPA reports that, generally, the selection of the proper device is based upon the degree of hazard posed by the cross-connection. Additional considerations are based upon piping size, location, and the potential need to periodically test the devices to ensure proper operation.
2. Cross-connection control and backflow regulation in California: The California Code of Regulations (CCR), Title 17, contains the fundamental components of California’s regulatory requirements for cross-connections and backflow prevention. The Department of Health Services promulgated the existing cross-connection and backflow regulations in Title 17 in 1987, when that department administered the state's drinking water program. When DPH became a stand-alone department (it had previously been under the umbrella of the Department of Health Services), it assumed responsibility for administering the drinking water, and thus the backflow prevention programs. On July 1, 2014, the Legislature transferred the administration of the drinking water and backflow prevention programs from DPH to SWRCB. The cross-connection and backflow regulations have not been updated since 1987.

Since it received responsibility for administering the drinking water program, SWRCB has made great progress in updating and advancing its many programs and regulations, but it is contending with a backlog of programs and regulations that were not revised for many years. One of those outdated programs is the cross-connection control and backflow prevention regulation.

In order to better prioritize its many drinking water programs in need of updating, SWRCB, at its February 22, 2017, meeting, discussed the consideration of a resolution to adopt a proposed prioritization list of drinking water regulations for 2017. As a result, SWRCB designated cross-connection control regulations as the sixth highest regulatory priority for 2017. SWRCB predicts the rule-making process for these regulations will begin this fall.

1. Certification of backflow prevention device testers? Because the only way a water system or the local health officer becomes aware of a broken or failed backflow system is when an incident has occurred resulting in the contamination of the water supply leading to a public health incident or the risk of a public health incident, the proper testing of backflow prevention assemblies is crucial to the prevention of backflow and is a cornerstone of a cross-connection control program. In order to ensure that testing and maintenance of backflow prevention devices are performed by qualified persons, statute authorizes local health officers to maintain programs for certification of backflow prevention device testers. Additionally, regulation requires backflow preventers to be tested by persons who have demonstrated their competency in testing of these devices to the water supplier or local health agency.

Per statute and regulation, in jurisdictions where the local health officer has not established a program for certification of backflow prevention device testers, water systems are responsible for hiring testers that have “demonstrated their competency.”

Should a backflow prevention device not be properly tested or maintained and result in an incident, the water system is responsible for the damage caused by that failure.

1. What happens when a backflow prevention fails? If a backflow preventer fails, potable water supplies are compromised and contaminants enter the water. Contaminants that may enter the potable water include, but are not limited to, untreated river, sea or lake water, pesticides, herbicides, fungicides, propane gas, boiler water with chemicals, anti-freeze, numerous chemicals, water from car wash establishments, dyes, sewage, worms, heavy metals such as arsenic, petrochemicals, water from flushing toilets or other drains.

The presence of contaminants from backflow in water can lead to adverse health effects, including both acute and long-term effects like gastrointestinal illness, reproductive problems, cancer and neurological disorders which can lead to hospitalization or death.

While there is currently no federal reporting requirement for backflow cases, US EPA published a white paper in 2001 that gives several examples of backflow and risks associated with backflow incidents:

In 1982 a Colorado high school’s drinking water was contaminated with antifreeze from a malfunctioning valve from the schools solar heating system.

In 1991 a small amount, 2.5 gallons, of herbicide backed-up into a Utah water system affecting 2,000 homes, a nursing home, and a day-care facility.

In 1987 a child in Minnesota suffered acute copper toxicity when the backflow from a carbon dioxide machine contaminated a restaurants potable system. There was a similar incident from a soft drink machine at a fair in Springfield Missouri in 1995.

In 1989, backpressure from a propane tank car forced propane into the water supply in a town in Arkansas. Three people in separate buildings were injured from explosions after flushing toilets and two houses were destroyed and a business was damaged by explosions and subsequent fires.

In 1995 in Monterey, California, sodium nitrate from a boiler and cooling system backflowed into the potable water supply of the county courthouse because of a faulty backflow prevention device. In this incident 19 people became sick from drinking coffee from the courthouse snack bar.

In February, 1990 a cross-connection between an auxiliary irrigation system supporting a golf course and country club and the Seattle Water Department’s distribution system resulted in total and fecal coliform contamination of the drinking water supply that was detected by a neighboring water system that purchased water from the Seattle Water Department.

In the summer of 1990 1,100 guests of a country club in Tennessee suffered intestinal disorders in two mass incidents after consuming the clubs contaminated water supplies from an auxiliary well that had become contaminated with sewage due to a cross-connection.

Information from US EPA about current incidents was not available. However, the white paper shows that over several decades these types of incidents appear to be declining. It can be derived from the white paper that increased regulation and improved technology have contributed to the decline of backflow incidents. However, the white paper does also strongly note that on-going testing and maintenance continues to be crucial in order to ensure public health protection.

Comments

1. DPH Determination of Competency. This bill states “current certifications for cross-connection inspection and testing or backflow prevention device inspection, testing, and maintenance that were determined by DPH to demonstrate competency in cross-connection inspection and testing or backflow prevention device inspection, testing, and maintenance before January 1, 2016, shall be approved California-specific certifications.”
   1. What is demonstrated competency? The only way a current certification for cross-connection inspection and testing or backflow prevention device inspection, testing and maintenance would have been determined by DPH to demonstrate competency is if the certifying entity’s certification had been reviewed by DPH and in reviewing that certification DPH determined that it did not comply with the law and regulation and required revisions prior to reconsidering the certification. A letter would have then be sent to the certification entity stating that the revisions had been made to the satisfaction of DPH and at the time of the letter the document provided to DPH outlining the certification guidelines met the criteria for certification. It is not an endorsement of the certification entity nor is it a statement that those certified by the entity were necessarily qualified to do the work. It was simply a statement that the guidelines, as submitted by the certifying entity, met the requirements of the regulations.
      1. Leveling the Playing Field? Therefore, it appears that this bill disqualifies those certification entities that have always met the requirements of the statute and regulation and that did not require DPH to review, revise and then provide a letter stating that its guidelines now demonstrate competency. This not only doesn’t level the playing field, it punishes those certification entities that have always complied with the law and regulations because they do not have a letter stating so.
      2. What is meant by California-specific certifications? It is unclear what is meant by approved California-specific certifications. While the letter from DPH to American Society of Sanitary Engineering (ASSE) stating that ASSE certification guidelines completed California-specific certification process, it is not clear what that is as it is not contained in the statute or the regulations and DPH no longer reviews the certification. Many of the certification entities that have been approved by water systems to date have Nevada- California programs. It is unclear as to whether this language is meant to specify that the ASSE certification is approved in California or if it is meant to specify that those entities that are currently approved by water systems, by virtue of the fact that they contain a Nevada component and are therefore, not California-specific, are not approved certifications. This, again, would not level the playing field but rather create a carve-out for a specific certification entity. If it is meant to specify that the ASSE certification is approved, the language is unnecessary as the letter of competency language accomplishes the same thing.
   2. Outdated? As proposed in AB 1529, the letter of competency from DPH that will be the determination of competency as a valid certification is dated November 8, 2011 based on regulations that were adopted in 1987.

It is not clear that guidelines drafted, revised and reviewed in 2011 meet the needs of water agencies in 2017. What was adequate yesterday (or in 2011) may not be adequate today.

Additionally, current law allows for water agencies to have more stringent requirements than is specified by DPH. This bill would state that the specified certificates shall be approved. It appears that this language is intended to require a water agency to accept this certification without the flexibility to specify more stringent requirements.

As the regulations for this certification program are 30 years old, there appears to be clear need to update these regulations.

Assemblywoman Caballero has introduced AB 1671 that requires SWRCB to update these regulations on or before January 1, 2020.

It may make more sense for the sponsors to spend the next two years working with other stakeholders on the regulations to ensure that their certification process will meet or exceed the new regulatory requirements, making them more competitive.

• 1. ASSE without saying ASSE. The language in this section of the bill seems to be very specifically drafted to apply to ASSE and thereby requires water agencies accept ASSE certification. This is very similar to AB 1173 (Williams, 2015-16), which was held at the request of the author in the Senate Committee on Environmental Quality. The sponsors have argued that their certification process has not been given fair consideration by water systems and should be put on a level playing field. However, this bill, as drafted, goes well beyond that by requiring that the certification be approved by a water system.
  2. Removing Discretion without Removing Liability. This bill requires water agencies to accept certifications that have been determined by DPH to demonstrate competency and then specifies, once SWRCB has developed regulations, that a water agency shall not refuse to recognize statewide certifications that meet standards set by regulations.

The law requires that a water agency ensure that backflow and cross connections are installed, inspected and working correctly. If a water agency chooses not to work with a specific certification agency, why would state law require it, unless the state is prepared to take on the liability if that certification entity or certified person is inadequate?

It appears that the first step that is needed is for updated regulations to be adopted by SWRCB, which is the content of AB 1671 (Caballero), which is also set to be heard by the Senate Committee on Environmental Quality. Therefore, it may be prudent to hold this measure.

However, if the committee chooses to additionally move this measure, it should be amended to ensure that the state is not favoring one entity over another in state law for these purposes.

1. Consider rather than mandate. Should the committee wish to move this bill forward, it should be amended to level the playing field rather than provide a distinct advantage to ASSE. The bill needs to be amended to remove all language that is aimed at specifying a preference for ASSE, direct water agencies to consider and accept all certification entities for professionals used by private entities that are compliant with regulatory and certification requirements until new regulations are adopted by SWRCB or until January 1, 2020, while maintaining that a water agency may reject a certified professional for reasons other than the identity of the certification provider, and clarify that a water system is not required to use any certified professional that it does not choose to use.

Related/Prior Legislation

AB 1671 (Caballero, 2017) requires, on or before January 1, 2020, SWRCB to update its backflow protection and cross-connection regulations. AB 1671 will also be heard in the Senate Committee on Environmental Quality on June 21, 2017.

AB 1173 (Williams, 2016) would have stated, that if a local health officer does not maintain a program for certification of backflow prevention device testers, that the local water system must hire a person who has received a California-specific certification for testing backflow prevention devices from any one of the following: the California-Nevada Section of the American Water Works Association (AWAA), American Society of Sanitary Engineering (ASSE) International, American Backflow Prevention Association (ABPA), or by other similar certification provider deemed acceptable by the SWRCB or the local health officer to conduct the testing and maintenance of a backflow prevention device. AB 1173 was held in the Senate Committee on Environmental Quality at the request of the author.

SOURCE:

California State Pipe Trades Council

International Association of Plumbing and Mechanical Officials

SUPPORT:

California Legislative Conference of the Plumbing, Heating and Piping Industry

OPPOSITION:

Association of California Water Agencies

California Municipal Utilities Association

California Water Association

California-Nevada Section, American Water Works Association

ARGUMENTS IN OPPOSITION:

The opposition states:

“The bill also would prohibit a water supplier from refusing to recognize statewide certifications that meet standards set by regulations of the SWRCB, if contractors, building operators, building owners or property owners are required to employ, contract with, or subcontract with a certified backflow prevention assembly tester or a certified cross-connection control specialist in order to receive water service.

“There are several fatal flaws with the amended version of AB 1529, which will be discussed below.

“Backflow prevention assemblies are mechanical assemblies used to prevent contaminated fluids from entering the water supply system. A broken or failed backflow system will allow the backflow of water from a premise into a public water supply, and can result in the contamination of the water supply leading to a public health incident or the risk of a public health incident. Thus, the proper testing of backflow prevention assemblies is crucial to the prevention of backflow and is a cornerstone of a properly managed cross-connection control program.

“Currently, DDW is responsible for regulations relating to drinking water, including those pertaining to the testing and maintenance of backflow prevention assemblies. These assemblies are critically important components of water systems and are specifically designed, installed and tested to protect public health from the leading cause of distribution system disease outbreaks – that is, contaminants that are introduced into drinking water from other sources within the customer’s piping system.

“Because this issue is at the heart of public health and safety with respect to drinking water systems, the decision on the selection of backflow prevention assembly testers, and the certification regulations and protocols to which they must adhere, must necessarily remain with the State Board, the local county health officer or the local public water supplier.

“The principal flaw with AB 1529 is that the amended bill ignores a crucial provision in the California Code of Regulations, and in so doing precludes the water supplier from exercising a critical public health responsibility, namely, to ensure that backflow prevention testers have “demonstrated their competency” to the satisfaction of the water supplier. Specifically, Title 17, Article 2, Sec. 7605 (Testing and Maintenance of Backflow Preventers) of the California Code of Regulations states, “Backflow preventers shall be tested by persons who have demonstrated their competency in testing of these devices to the water supplier or health agency.” (emphasis added)

“Simply grandfathering certifications for cross-connection inspection and testing or backflow prevention device inspection, as AB 1529 attempts to do, does not remove the obligation (or the risk, or the liability) from the water supplier to perform its public health responsibility. Given that the U.S. Environmental Protection Agency has determined that contamination from backflow is the leading cause of disease outbreaks in water distribution systems, a misguided statute that would remove this responsibility from the water supplier would be irresponsible.

“The signatories to this letter realize that the sponsors of AB 1529 are relying on Section 7601 (Approval of Backflow Preventers) for their grandfathering provision. Section 7601 states that “Backflow preventers required by this Chapter shall have passed laboratory and field evaluation tests performed by a recognized testing organization (that) has demonstrated (its) competency to perform such tests to the Department.” Despite the fact that the SWRCB’s Division of Drinking Water has superseded the Department of Public Health in this role, it is important to recognize that this section addresses the approval or listing of a particular model of backflow preventer, not the testers or the certifying organizations for those testers. Sec. 7605 pertains to the actual person doing the periodic field testing, which is where the water supplier’s role takes precedence.

“A second problem with AB 1529 is that the provision stating that “the water supplier shall not refuse to recognize statewide certifications that meet standards set by regulations of the State Water Resources Control Board.” Of course, the SWRCB has no regulations or standards for backflow prevention testing or certification, so this provision is moot until the SWRCB promulgates such regulations. This is the sole objective of AB 1671, introduced by Assembly Member Caballero.

“The third problem with AB 1529 is that the last sentence of the bill – “Nothing in this section prohibits an agency or regulated public utility from rejecting the adequacy of a specific cross-connection or backflow prevention device, inspection, test, or maintenance activity for reasons other than the identity of the certification provider” – is inconsistent with the previous sentence prohibiting water suppliers from refusing to recognize statewide certifications that meet standards set by the SWRCB (under the specified circumstances). Even if one assumes that the last set of regulations developed by the Department of Public Health in 1987 were still valid (which they are not because they are woefully out of date), it is critical for the water supplier to be able to rely on the degree of comprehensiveness and completeness of the certifying organization’s program; otherwise, they would have to evaluate each and every tester themselves, or create their own certification program – neither of which is efficient or productive from a resource efficiency standpoint. The water supplier must have the last word on affirming the competence of a given tester, even if that tester is relying on a certification organization that enjoys full or partial acceptance throughout the state.”

-- END --

SENATE COMMITTEE ON ENVIRONMENTAL QUALITY

Senator Wieckowski, Chair

2017 - 2018 Regular

Bill No: AB 1529

SUBJECT: Cross-connection or backflow prevention device inspectors: certification

ANALYSIS:

Existing law:

1. Under the California Safe Drinking Water Act, requires the State Water Resources Control Board (SWRCB) to administer provisions relating to the regulation of drinking water to protect public health, including, but not limited to, conducting research, studies, and demonstration programs relating to the provision of a dependable, safe supply of drinking water, enforcing the federal Safe Drinking Water Act, adoption of enforcement regulations, and conducting studies and investigations to assess the quality of water in domestic water supplies.
2. Requires any person who owns a public water system to ensure that the system does certain things, including, but not limited to, ensure cross connection safety and that the system will not be subject to backflow under normal operating conditions.
3. Authorizes local health officers to maintain programs for the certification of cross connection and backflow prevention device testers in order to ensure that testing and maintenance of cross connection and backflow prevention devices are performed by persons qualified to do testing and maintenance.
4. Requires cross connection and backflow preventers to be tested by persons who have demonstrated their competency in testing of these devices to the water supplier or health agency.
5. Requires that certification standards be consistent with the regulations adopted by the Department of Public Health (DPH).

This bill: Requires certifications for cross-connection or backflow prevention device testing and maintenance that were determined by the DPH to demonstrate competency to be approved California-specific certifications, and prohibits, under certain conditions, a water supplier from refusing to recognize statewide certifications that meet standards set by the State Water Resources Control Board (SWRCB). Specifically:

1. Provides that valid and current certifications for cross-connection inspection and testing or backflow prevention device inspection, testing, and maintenance that were determined by DPH to demonstrate competency in cross-connection inspection and testing or backflow prevention device inspection, testing, and maintenance before January 1, 2016, shall be approved California-specific certifications either until SWRCB promulgates regulations for cross-connection inspection and testing and backflow prevention device inspection, testing, and maintenance, or until January 1, 2020, whichever comes first.
2. Prohibits a water supplier, if contractors, building operators, building owners, or property owners are required to employ, contract with, or subcontract with a certified backflow prevention device tester or a certified cross-connection control specialist to receive water service, from refusing to recognize statewide certifications that meet standards set by regulations of SWRCB. Provides that nothing in this section prohibits an agency or regulated public utility from rejecting the adequacy of a specific cross-connection or backflow prevention device inspection, test, or maintenance activity for reasons other than the identity of the certification provider.

Background

1. What is Backflow? Backflow is the undesirable reversal of the flow of liquid, gas or solid into the potable water supply. Water supply systems are maintained at a pressure significant enough to enable water to flow from the tap. However, when pressure fails or is reduced, which may happen if a water main bursts, pipes freeze, or there is unexpectedly high demand on the water system, water or substances from the ground, storage, or other sources may be drawn up into the system.

Additionally, non-potable substances may be pushed into a potable water supply if the pressure in the downstream piping system exceeds the pressure in the potable water system. Either of these backflow conditions can enable contaminated water or substances to enter the potable water distribution system, potentially risking public health and safety.

1. Backflow prevention? Backflow preventers are mechanical assemblies used to prevent contaminated fluids from entering the water supply system. According to the United States Environmental Protection Agency (US EPA), a wide choice of devices exists that can be used to prevent backflow from adding contaminated fluids or gases into a potable water supply system. These include air gaps, barometric loops, vacuum breakers—both atmospheric and pressure type, double check with intermediate atmospheric vent, double check valve assemblies, and reduced pressure principle devices. US EPA reports that, generally, the selection of the proper device is based upon the degree of hazard posed by the cross-connection. Additional considerations are based upon piping size, location, and the potential need to periodically test the devices to ensure proper operation.
2. Cross-connection control and backflow regulation in California: The California Code of Regulations (CCR), Title 17, contains the fundamental components of California’s regulatory requirements for cross-connections and backflow prevention. The Department of Health Services promulgated the existing cross-connection and backflow regulations in Title 17 in 1987, when that department administered the state's drinking water program. When DPH became a stand-alone department (it had previously been under the umbrella of the Department of Health Services), it assumed responsibility for administering the drinking water, and thus the backflow prevention programs. On July 1, 2014, the Legislature transferred the administration of the drinking water and backflow prevention programs from DPH to SWRCB. The cross-connection and backflow regulations have not been updated since 1987.

Since it received responsibility for administering the drinking water program, SWRCB has made great progress in updating and advancing its many programs and regulations, but it is contending with a backlog of programs and regulations that were not revised for many years. One of those outdated programs is the cross-connection control and backflow prevention regulation.

In order to better prioritize its many drinking water programs in need of updating, SWRCB, at its February 22, 2017, meeting, discussed the consideration of a resolution to adopt a proposed prioritization list of drinking water regulations for 2017. As a result, SWRCB designated cross-connection control regulations as the sixth highest regulatory priority for 2017. SWRCB predicts the rule-making process for these regulations will begin this fall.

1. Certification of backflow prevention device testers? Because the only way a water system or the local health officer becomes aware of a broken or failed backflow system is when an incident has occurred resulting in the contamination of the water supply leading to a public health incident or the risk of a public health incident, the proper testing of backflow prevention assemblies is crucial to the prevention of backflow and is a cornerstone of a cross-connection control program. In order to ensure that testing and maintenance of backflow prevention devices are performed by qualified persons, statute authorizes local health officers to maintain programs for certification of backflow prevention device testers. Additionally, regulation requires backflow preventers to be tested by persons who have demonstrated their competency in testing of these devices to the water supplier or local health agency.

Per statute and regulation, in jurisdictions where the local health officer has not established a program for certification of backflow prevention device testers, water systems are responsible for hiring testers that have “demonstrated their competency.”

Should a backflow prevention device not be properly tested or maintained and result in an incident, the water system is responsible for the damage caused by that failure.

1. What happens when a backflow prevention fails? If a backflow preventer fails, potable water supplies are compromised and contaminants enter the water. Contaminants that may enter the potable water include, but are not limited to, untreated river, sea or lake water, pesticides, herbicides, fungicides, propane gas, boiler water with chemicals, anti-freeze, numerous chemicals, water from car wash establishments, dyes, sewage, worms, heavy metals such as arsenic, petrochemicals, water from flushing toilets or other drains.

The presence of contaminants from backflow in water can lead to adverse health effects, including both acute and long-term effects like gastrointestinal illness, reproductive problems, cancer and neurological disorders which can lead to hospitalization or death.

While there is currently no federal reporting requirement for backflow cases, US EPA published a white paper in 2001 that gives several examples of backflow and risks associated with backflow incidents:

In 1982 a Colorado high school’s drinking water was contaminated with antifreeze from a malfunctioning valve from the schools solar heating system.

In 1991 a small amount, 2.5 gallons, of herbicide backed-up into a Utah water system affecting 2,000 homes, a nursing home, and a day-care facility.

In 1987 a child in Minnesota suffered acute copper toxicity when the backflow from a carbon dioxide machine contaminated a restaurants potable system. There was a similar incident from a soft drink machine at a fair in Springfield Missouri in 1995.

In 1989, backpressure from a propane tank car forced propane into the water supply in a town in Arkansas. Three people in separate buildings were injured from explosions after flushing toilets and two houses were destroyed and a business was damaged by explosions and subsequent fires.

In 1995 in Monterey, California, sodium nitrate from a boiler and cooling system backflowed into the potable water supply of the county courthouse because of a faulty backflow prevention device. In this incident 19 people became sick from drinking coffee from the courthouse snack bar.

In February, 1990 a cross-connection between an auxiliary irrigation system supporting a golf course and country club and the Seattle Water Department’s distribution system resulted in total and fecal coliform contamination of the drinking water supply that was detected by a neighboring water system that purchased water from the Seattle Water Department.

In the summer of 1990 1,100 guests of a country club in Tennessee suffered intestinal disorders in two mass incidents after consuming the clubs contaminated water supplies from an auxiliary well that had become contaminated with sewage due to a cross-connection.

Information from US EPA about current incidents was not available. However, the white paper shows that over several decades these types of incidents appear to be declining. It can be derived from the white paper that increased regulation and improved technology have contributed to the decline of backflow incidents. However, the white paper does also strongly note that on-going testing and maintenance continues to be crucial in order to ensure public health protection.

Comments

1. DPH Determination of Competency. This bill states “current certifications for cross-connection inspection and testing or backflow prevention device inspection, testing, and maintenance that were determined by DPH to demonstrate competency in cross-connection inspection and testing or backflow prevention device inspection, testing, and maintenance before January 1, 2016, shall be approved California-specific certifications.”
   1. What is demonstrated competency? The only way a current certification for cross-connection inspection and testing or backflow prevention device inspection, testing and maintenance would have been determined by DPH to demonstrate competency is if the certifying entity’s certification had been reviewed by DPH and in reviewing that certification DPH determined that it did not comply with the law and regulation and required revisions prior to reconsidering the certification. A letter would have then be sent to the certification entity stating that the revisions had been made to the satisfaction of DPH and at the time of the letter the document provided to DPH outlining the certification guidelines met the criteria for certification. It is not an endorsement of the certification entity nor is it a statement that those certified by the entity were necessarily qualified to do the work. It was simply a statement that the guidelines, as submitted by the certifying entity, met the requirements of the regulations.
      1. Leveling the Playing Field? Therefore, it appears that this bill disqualifies those certification entities that have always met the requirements of the statute and regulation and that did not require DPH to review, revise and then provide a letter stating that its guidelines now demonstrate competency. This not only doesn’t level the playing field, it punishes those certification entities that have always complied with the law and regulations because they do not have a letter stating so.
      2. What is meant by California-specific certifications? It is unclear what is meant by approved California-specific certifications. While the letter from DPH to American Society of Sanitary Engineering (ASSE) stating that ASSE certification guidelines completed California-specific certification process, it is not clear what that is as it is not contained in the statute or the regulations and DPH no longer reviews the certification. Many of the certification entities that have been approved by water systems to date have Nevada- California programs. It is unclear as to whether this language is meant to specify that the ASSE certification is approved in California or if it is meant to specify that those entities that are currently approved by water systems, by virtue of the fact that they contain a Nevada component and are therefore, not California-specific, are not approved certifications. This, again, would not level the playing field but rather create a carve-out for a specific certification entity. If it is meant to specify that the ASSE certification is approved, the language is unnecessary as the letter of competency language accomplishes the same thing.
   2. Outdated? As proposed in AB 1529, the letter of competency from DPH that will be the determination of competency as a valid certification is dated November 8, 2011 based on regulations that were adopted in 1987. It is not clear that guidelines drafted, revised and reviewed in 2011 meet the needs of water agencies in 2017. What was adequate yesterday (or in 2011) may not be adequate today.

Additionally, current law allows for water agencies to have more stringent requirements than is specified by DPH. This bill would state that the specified certificates shall be approved. It appears that this language is intended to require a water agency to accept this certification without the flexibility to specify more stringent requirements.

• 1. ASSE without saying ASSE. The language in this section of the bill seems to be very specifically drafted to apply to ASSE and thereby requires water agencies accept ASSE certification. This is very similar to AB 1173 (Williams, 2015-16), which was held at the request of the author in the Senate Committee on Environmental Quality. The sponsors have argued that their certification process has not been given fair consideration by water systems and should be put on a level playing field. However, this bill, as drafted, goes well beyond that by requiring that the certification be approved by a water system.
  2. Removing Discretion without Removing Liability. This bill requires water agencies to accept certifications that have been determined by DPH to demonstrate competency and then specifies, once SWRCB has developed regulations, that a water agency shall not refuse to recognize statewide certifications that meet standards set by regulations.

The law requires that a water agency ensure that backflow and cross connections are installed, inspected and working correctly. If a water agency chooses not to work with a specific certification agency, why would state law require it, unless the state is prepared to take on the liability if that certification entity or certified person is inadequate?

It appears that the first step that is needed is for updated regulations to be adopted by SWRCB, which is the content of AB 1671 (Caballero), which is also set to be heard by the Senate Committee on Environmental Quality. Therefore, it may be prudent to hold this measure.

However, if the committee chooses to additionally move this measure, it should be amended to ensure that the state is not favoring one entity over another in state law for these purposes.

1. Suggested Amendments:
   1. Consider rather than mandate. The bill should be amended to direct water agencies to consider all certification entities that have demonstrated competency with applicable regulations when contracting with a backflow or cross connection specialist without tying the hands of the agency to necessarily accept specific specialists or certification entities.
   2. California-specific certifications. The language referring to California-specific certifications should be struck.
   3. In 116812 (b), the bill states, “Nothing in this section prohibits an agency, water supplier, or regulated public utility from rejecting the adequacy of a specific cross-connection or backflow prevention device inspection, test, or maintenance activity for reasons other than the identity of the certification provider.”

This language appears to aim to allow a water agency to reject a certification for other reasons other than the identity of the certifying entity. However, because this language is in subdivision (b) rather in a separate subdivision (c) it appears to be specific to the provisions of subdivision (b) which states that a water supplier shall not refuse a certification that meets the criteria of SWRCB regulations, but does not apply to subdivision (a), which states that, until regulations are developed, the current certifications (as specified) shall be approved.

An amendment is needed to put this language in a separate Section 116812 subdivision (c).

Related/Prior Legislation

AB 1671 (Caballero, 2017) requires, on or before January 1, 2020, SWRCB to update its backflow protection and cross-connection regulations. AB 1671 will also be heard in the Senate Committee on Environmental Quality on June 21, 2017.

AB 1173 (Williams, 2016) would have stated, that if a local health officer does not maintain a program for certification of backflow prevention device testers, that the local water system must hire a person who has received a California-specific certification for testing backflow prevention devices from any one of the following: the California-Nevada Section of the American Water Works Association (AWAA), American Society of Sanitary Engineering (ASSE) International, American Backflow Prevention Association (ABPA), or by other similar certification provider deemed acceptable by the SWRCB or the local health officer to conduct the testing and maintenance of a backflow prevention device. AB 1173 was held in the Senate Committee on Environmental Quality at the request of the author.

SOURCE:

California State Pipe Trades Council

International Association of Plumbing and Mechanical Officials

SUPPORT:

None received

OPPOSITION:

Association of California Water Agencies

California Municipal Utilities Association

California Water Association

California-Nevada Section, American Water Works Association

ARGUMENTS IN OPPOSITION:

The opposition states:

“The bill also would prohibit a water supplier from refusing to recognize statewide certifications that meet standards set by regulations of the SWRCB, if contractors, building operators, building owners or property owners are required to employ, contract with, or subcontract with a certified backflow prevention assembly tester or a certified cross-connection control specialist in order to receive water service.

“There are several fatal flaws with the amended version of AB 1529, which will be discussed below.

“Backflow prevention assemblies are mechanical assemblies used to prevent contaminated fluids from entering the water supply system. A broken or failed backflow system will allow the backflow of water from a premise into a public water supply, and can result in the contamination of the water supply leading to a public health incident or the risk of a public health incident. Thus, the proper testing of backflow prevention assemblies is crucial to the prevention of backflow and is a cornerstone of a properly managed cross-connection control program.

“Currently, DDW is responsible for regulations relating to drinking water, including those pertaining to the testing and maintenance of backflow prevention assemblies. These assemblies are critically important components of water systems and are specifically designed, installed and tested to protect public health from the leading cause of distribution system disease outbreaks – that is, contaminants that are introduced into drinking water from other sources within the customer’s piping system.

“Because this issue is at the heart of public health and safety with respect to drinking water systems, the decision on the selection of backflow prevention assembly testers, and the certification regulations and protocols to which they must adhere, must necessarily remain with the State Board, the local county health officer or the local public water supplier.

“The principal flaw with AB 1529 is that the amended bill ignores a crucial provision in the California Code of Regulations, and in so doing precludes the water supplier from exercising a critical public health responsibility, namely, to ensure that backflow prevention testers have “demonstrated their competency” to the satisfaction of the water supplier. Specifically, Title 17, Article 2, Sec. 7605 (Testing and Maintenance of Backflow Preventers) of the California Code of Regulations states, “Backflow preventers shall be tested by persons who have demonstrated their competency in testing of these devices to the water supplier or health agency.” (emphasis added)

“Simply grandfathering certifications for cross-connection inspection and testing or backflow prevention device inspection, as AB 1529 attempts to do, does not remove the obligation (or the risk, or the liability) from the water supplier to perform its public health responsibility. Given that the U.S. Environmental Protection Agency has determined that contamination from backflow is the leading cause of disease outbreaks in water distribution systems, a misguided statute that would remove this responsibility from the water supplier would be irresponsible.

“The signatories to this letter realize that the sponsors of AB 1529 are relying on Section 7601 (Approval of Backflow Preventers) for their grandfathering provision. Section 7601 states that “Backflow preventers required by this Chapter shall have passed laboratory and field evaluation tests performed by a recognized testing organization (that) has demonstrated (its) competency to perform such tests to the Department.” Despite the fact that the SWRCB’s Division of Drinking Water has superseded the Department of Public Health in this role, it is important to recognize that this section addresses the approval or listing of a particular model of backflow preventer, not the testers or the certifying organizations for those testers. Sec. 7605 pertains to the actual person doing the periodic field testing, which is where the water supplier’s role takes precedence.

“A second problem with AB 1529 is that the provision stating that “the water supplier shall not refuse to recognize statewide certifications that meet standards set by regulations of the State Water Resources Control Board.” Of course, the SWRCB has no regulations or standards for backflow prevention testing or certification, so this provision is moot until the SWRCB promulgates such regulations. This is the sole objective of AB 1671, introduced by Assembly Member Caballero.

“The third problem with AB 1529 is that the last sentence of the bill – “Nothing in this section prohibits an agency or regulated public utility from rejecting the adequacy of a specific cross-connection or backflow prevention device, inspection, test, or maintenance activity for reasons other than the identity of the certification provider” – is inconsistent with the previous sentence prohibiting water suppliers from refusing to recognize statewide certifications that meet standards set by the SWRCB (under the specified circumstances). Even if one assumes that the last set of regulations developed by the Department of Public Health in 1987 were still valid (which they are not because they are woefully out of date), it is critical for the water supplier to be able to rely on the degree of comprehensiveness and completeness of the certifying organization’s program; otherwise, they would have to evaluate each and every tester themselves, or create their own certification program – neither of which is efficient or productive from a resource efficiency standpoint. The water supplier must have the last word on affirming the competence of a given tester, even if that tester is relying on a certification organization that enjoys full or partial acceptance throughout the state.”

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 1529

Author:(Thurmond)

As Amended Ver:

Majority vote

SUMMARY: Requires certifications for cross-connection or backflow prevention device testing and maintenance that were determined by the State Department of Public Health (CDPH) to demonstrate competency to be approved California-specific certifications, and prohibits, under certain conditions, a water supplier from refusing to recognize statewide certifications that meet standards set by the State Water Resources Control Board (State Water Board). Specifically, this bill:

1. Provides that valid and current certifications for cross-connection inspection and testing or backflow prevention device inspection, testing, and maintenance that were determined by CDPH to demonstrate competency in cross-connection inspection and testing or backflow prevention device inspection, testing, and maintenance before January 1, 2016, shall be approved California-specific certifications either until the State Water Board promulgates regulations for cross-connection inspection and testing and backflow prevention device inspection, testing, and maintenance, or until January 1, 2020, whichever comes first.
2. Prohibits a water supplier, if contractors, building operators, building owners, or property owners are required to employ, contract with, or subcontract with a certified backflow prevention device tester or a certified cross-connection control specialist to receive water service, from refusing to recognize statewide certifications that meet standards set by regulations of the State Water Board.
3. Provides that nothing in the bill prohibits an agency or regulated public utility from rejecting the adequacy of a specific cross-connection or backflow prevention device inspection, test, or maintenance activity for reasons other than the identity of the certification provider.

EXISTING LAW:

1. Requires any person who owns a public water system to ensure that the system will not be subject to backflow under normal operating conditions. (Health and Safety Code (HSC) Section 116555(a)(2))
2. Requires that local backflow prevention programs be conducted in accordance with backflow protection regulations adopted by CDPH (these provisions are now under the jurisdiction of the State Water Board). (HSC Section 116805(c))
3. Authorizes local health officers to maintain programs for certification of backflow prevention device testers. (HSC Section 116810)
4. Requires the backflow prevention device tester certification standards to be consistent with the backflow protection regulations adopted by CDPH (these provisions are now under the jurisdiction of the State Water Board). (HSC Section 116810)
5. Requires backflow preventers to be tested by persons who have demonstrated their competency in the testing of these devices to the water supplier or health agency. (California Code of Regulations (CCR) Title 17, Section 7605(b))

FISCAL EFFECT: According to the Assembly Appropriations Committee, enactment of this bill should result in no additional state costs.

COMMENTS: Backflow: Drinking water distribution systems contain points called cross-connections where nonpotable water can be connected to potable sources. These cross-connections can provide a pathway for backflow, which is the undesirable reversal of the flow of liquid, gas, or solid into the potable water supply. Water supply systems are maintained at a pressure significant enough to enable water to flow from the tap; however, when pressure fails or is reduced, which may happen if a water main bursts, pipes freeze, or there is unexpectedly high demand on the water system such as an emergency firefighting water drawdown, other water or substances may be drawn up into the system as backflow. Additionally, non-potable substances may be pushed into a potable water supply if the pressure in the downstream piping system exceeds the pressure in the potable water system.

Heath risks associated with backflow: A variety of biological and chemical contaminants have been introduced into drinking water distribution systems by cross-connections and backflow. The likelihood and severity of illness and number of people affected depend on various factors including how much of the contaminant enters the system, the dilution factor, the type of contaminant, the number of users exposed, and the health status of each person at the time of exposure. Contamination from cross-connections and backflow can occur not only where the cross-connection is located, but at sites upstream and downstream, as contaminants spread. Contaminants that have entered drinking water systems through backflow include pathogenic microorganisms, pesticides, metals, synthetic and volatile organic compounds, nitrates, and nitrites.

Backflow prevention: Backflow preventers are mechanical assemblies used to prevent contaminated fluids from entering the water supply system. A wide variety of devices exist that can be used to prevent backflow from adding contaminated fluids or gases into a potable water supply system. Generally, the selection of the proper device is based upon the degree of hazard posed by the cross-connection, as well as piping size, location, and the potential need to periodically test the devices to insure proper operation.

Cross-connection control and backflow regulation in California: CCR Title 17 contains the fundamental components of California's regulatory requirements for cross-connections and backflow prevention. The Department of Health Services promulgated the existing cross-connection and backflow regulations in CCR Title 17 in 1987, when that department administered the state's drinking water program. When CDPH became a stand-alone department (it had previously been under the umbrella of the Department of Health Services), it assumed responsibility for administering the drinking water, and thus the backflow prevention, programs. On July 1, 2014, the Legislature transferred the administration of the drinking water and backflow prevention programs from CDPH to the State Water Board. The cross-connection and backflow regulations have not been updated since 1987.

In order to better prioritize the many drinking water programs in need of updating, the State Water Board, at its February 22, 2017, meeting, discussed the consideration of a resolution to adopt a proposed prioritization list of drinking water regulations for 2017. As a result, the State Water Board designated cross-connection control regulations as the sixth highest regulatory priority for 2017. The Water Board predicts the rule-making process for these regulations to begin this fall.

Certification of backflow prevention device testers: The proper testing of backflow prevention assemblies is critical to maintaining a protective cross-connection control program, preventing backflow, and properly administering safe drinking water systems. In California, regulation requires water suppliers to protect the public water supply from contamination by the implementation of a cross-connection control program. In order to ensure that qualified persons perform the testing and maintenance of backflow prevention devices, statute authorizes local health officers to maintain programs for the certification of backflow prevention device testers. Regulation also provides that the cross-connection control program, including testing backflow preventers, may be implemented directly by the water supplier or by means of a contract with the local health agency, or with another agency approved by the health agency. Per regulation, backflow preventers must be tested by persons who have "demonstrated their competency" in testing of these devices to the water supplier or health agency. Statute and regulation have set up a fragmented situation in which some local jurisdictions maintain a backflow prevention assembly tester certification program, but others do not.

Certifying entities that have demonstrated competency: There appears to be only one action, which is a letter from CDPH to a certifying entity, which seems to discuss demonstrated competency. The letter, drafted by CDPH on November 8, 2011, to the American Society of Sanitary Engineering (ASSE), says the following, "The Division of Drinking Water and Environmental Management's Drinking Water Program, within the Department of Public Health (Department) has completed a review of the American Society of Sanitary Engineering's (ASSE's) proposed revisions to its document titled, ASSE Guidelines for Cross-Connection Control Certification. The proposed revisions… adequately address the Department's concerns described in our October 2011 letter… As a result, the Department would consider an individual having successfully completed ASSE's California-specific certification process for the testing of backflow prevention assemblies to have demonstrated their competency in such testing to the Department."

It is important to note that the Legislature, through SB 861 (Budget and Fiscal Review Committee), Chapter 35, Statutes of 2014, transferred the administration of the Drinking Water Program, including administration of the Cross-Connection Control by Water Users law, from CDPH to the State Water Board, effective July 1, 2014.

This bill requires certifications for cross-connection or backflow prevention device testing and maintenance that were determined by CDPH, prior to January 1, 2016, to demonstrate competency to be approved California-specific certifications. It additionally prohibits, under certain conditions, a water supplier from refusing to recognize statewide certifications that meet standards set by a regulation of the State Water Board.

Analysis Prepared by: Shannon McKinney / E.S. & T.M. / (916) 319-3965 FN: 0000518

Date of Hearing: May 24, 2017

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

ABPCA Bill Id:AB 1529

Author:(Thurmond) – As Amended Ver:May 1, 2017

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill requires certifications for cross-connection or backflow prevention device testing and maintenance that were determined by the Department of Public Health (CDPH) to demonstrate competency before January 1, 2016, to be approved California-specific certifications either until the State Water Resource Control Board (SWRCB) promulgates regulations for cross-connection inspection and testing and backflow prevention device inspection, testing, and maintenance, or until January 1, 2020, whichever comes first. Additionally, this bill:

1. Prohibits a water supplier, from refusing to recognize statewide certifications that meet standards set by regulations of the SWRCB, under specified circumstances.
2. Provides that nothing in the bill prohibits an agency, water supplier, or regulated public utility from rejecting the adequacy of a specific cross-connection or backflow prevention device inspection, test, or maintenance activity for reasons other than the identity of the certification provider.

FISCAL EFFECT:

No additional state costs.

COMMENTS:

1. Purpose. According to the author's office, "The lack of guidance on acceptable private statewide certification of backflow prevention device testers has resulted in inconsistent requirements throughout the state and increased customer costs. As a result, backflow protection testers must maintain two or three separate certifications to work in California. Statewide consistency is needed regarding what certifications are acceptable. Until such time as there is a statewide standard for cross-connection inspection and testing and backflow prevention device inspection, testing and maintenance, it is critical that we provide guidance as to which certifications are valid and recognized statewide."
2. Background. Drinking water distribution systems contain points called cross-connections where nonpotable water can be connected to potable sources. These cross-connections can provide a pathway for backflow of nonpotable water into potable sources.

Backflow is the undesirable reversal of the flow of liquid, gas, or solid into the potable water supply. Water supply systems are maintained at a pressure significant enough to enable water to flow from the tap. However, when pressure fails or is reduced, which may happen if a water main bursts, pipes freeze, or there is unexpectedly high demand on the water system such as an emergency firefighting water drawdown, water or substances from the ground, storage, or other sources may be drawn up into the system. Additionally, non-potable substances may be pushed into a potable water supply if the pressure in the downstream piping system exceeds the pressure in the potable water system. Either of these backflow conditions can enable contaminated water or substances to enter the potable water distribution system, potentially risking public health and safety.

1. Backflow Regulation. The California Code of Regulations (CCR), Title 17, contains the fundamental components of California’s regulatory requirements for cross-connections and backflow prevention. The Department of Health Services promulgated the existing cross-connection and backflow regulations in Title 17 in 1987, when that department administered the state’s drinking water program. When the Department of Public Health (CDPH) became a stand-alone department (it had previously been under the umbrella of the Department of Health Services), it assumed responsibility for administering the drinking water, and thus the backflow prevention, programs. On July 1, 2014, the Legislature transferred the administration of the drinking water and backflow prevention programs from CDPH to SWRCB. The cross-connection and backflow regulations have not been updated since 1987.

Since it received responsibility for administering the drinking water program (now called the Division of Drinking Water, or DDW), SWRCB is updating its many programs and regulations, but it is contending with a backlog of programs and regulations that were not revised for many years. One of those outdated programs is the cross-connection control and backflow prevention regulation.

SWRCB predicts the rule-making process for Cross-Connection Control Regulations to begin this fall.

1. Related Legislation. Requires the State Water Resources Control Board (SWRCB) to update its backflow protection and cross-connection control regulations on or before January 1, 2020. This bill is pending in this Committee.

Analysis Prepared by: Jennifer Galehouse / APPR. / (916) 319-2081

Date of Hearing: April 25, 2017

ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS

Bill Quirk, Chair

ABPCA Bill Id:AB 1529 (

Author:Thurmond) – As Amended Ver:April 19, 2017

SUBJECT: Cross-connection or backflow prevention device inspectors: certification

SUMMARY: Requires certifications for cross-connection or backflow prevention device testing and maintenance that were determined by the State Department of Public Health (CDPH) to demonstrate competency to be approved California-specific certifications, and prohibits, under certain conditions, a water supplier from refusing to recognize statewide certifications that meet standards set by the State Water Resources Control Board (State Water Board). Specifically, this bill:

1. Provides that valid and current certifications for cross-connection inspection and testing or backflow prevention device inspection, testing, and maintenance that were determined by CDPH to demonstrate competency in cross-connection inspection and testing or backflow prevention device inspection, testing, and maintenance before January 1, 2016, shall be approved California-specific certifications either until the State Water Board promulgates regulations for cross-connection inspection and testing and backflow prevention device inspection, testing, and maintenance, or until January 1, 2020, whichever comes first.
2. Prohibits a water supplier, if contractors, building operators, building owners, or property owners are required to employ, contract with, or subcontract with a certified backflow prevention device tester or a certified cross-connection control specialist to receive water service, from refusing to recognize statewide certifications that meet standards set by regulations of the State Water Board.
3. Provides that nothing in the bill prohibits an agency or regulated public utility from rejecting the adequacy of a specific cross-connection or backflow prevention device inspection, test, or maintenance activity for reasons other than the identity of the certification provider.

EXISTING LAW:

1. Provides that the State Water Board succeeds to and is vested with all of the authority, duties, powers, purposes, functions, responsibilities, and jurisdiction of CDPH, its predecessors, and its director for purposes of administering a drinking water program, including Cross-Connection Control by Water Users law. (Health and Safety Code (HSC) §116271 (a))
2. Requires the State Water Board to maintain a drinking water program. (HSC §116271 (b))
3. Provides that regulations adopted, orders issued, and all other administrative actions taken by CDPH, any of its predecessors, or its director, pursuant to the authorities now vested in the State Water Board shall remain in effect and are fully enforceable unless and until readopted, amended, or repealed, or until they expire by their own terms. (HSC §116271 (d))
4. Requires, under the California Safe Drinking Water Act, any person who owns a public water system to ensure that the system will not be subject to backflow under normal operating conditions. (Health and Safety Code (HSC) § 116555(a)(2))
5. Authorizes local health officers to maintain programs for the control of cross-connections by water users, within the users’ premises, where public exposure to drinking water contaminated by backflow may occur. (HSC § 116800)
6. Authorizes local health officers to maintain programs, in cooperation with water suppliers, to protect against backflow through service connections into the public water supply, and, with the consent of the water supplier, to collect fees from the water supplier to offset the costs of implementing these programs. (HSC § 116805)
7. Requires that local backflow prevention programs be conducted in accordance with backflow protection regulations adopted by CDPH (now the State Water Board). (HSC § 116805) (c))
8. Authorizes local health officers, to assure that testing and maintenance of backflow prevention devices are performed by qualified persons, to maintain programs for certification of backflow prevention device testers. (HSC § 116810)
9. Authorizes the local health officer to suspend, revoke, or refuse to renew the certificate of a certification of backflow prevention device tester, if, after a hearing, the local health officer or his or her designee finds that the tester has practiced fraud or deception or has displayed gross negligence or misconduct in the performance of his or her duties as a certified backflow prevention device tester. (HSC § 116810)
10. Authorizes the local health officer to collect fees from certified backflow prevention device testers to offset the cost of the certification program. (HSC § 116810)
11. Requires the backflow prevention device tester certification standards to be consistent with the backflow protection regulations adopted by CDPH (now the State Water Board). (HSC § 116810)
12. Requires the water supplier to protect the public water supply from contamination by implementation of a cross-connection control program. Provides that the cross-connection control program, or any portion thereof, may be implemented directly by the water supplier or by means of a contract with the local health agency, or with another agency approved by the health agency. (California Code of Regulations (CCR), Title 17, §7584)
13. Requires the water supplier's cross-connection control program to include, but not be limited to, several elements including the establishment of a procedure or system for testing backflow preventers. (CCR, Title 17 §7584 (e))
14. Requires backflow preventers to be tested by persons who have demonstrated their competency in the testing of these devices to the water supplier or health agency. (California Code of Regulations (CCR, Title 17, § 7605(b))

FISCAL EFFECT: Unknown.

COMMENTS:

Need for the bill: According to the author's office, "The lack of guidance on acceptable private statewide certification of backflow prevention device testers has resulted in inconsistent requirements throughout the state and increased customer costs. As a result, backflow protection testers must maintain two or three separate certifications to work in California. Statewide consistency is needed regarding what certifications are acceptable. Until such time as there is a statewide standard for cross-connection inspection and testing and backflow prevention device inspection, testing and maintenance, it is critical that we provide guidance as to which certifications are valid and recognized statewide."

Backflow: Drinking water distribution systems contain points called cross-connections where nonpotable water can be connected to potable sources. These cross-connections can provide a pathway for backflow of nonpotable water into potable sources.

Backflow is the undesirable reversal of the flow of liquid, gas, or solid into the potable water supply. Water supply systems are maintained at a pressure significant enough to enable water to flow from the tap. However, when pressure fails or is reduced, which may happen if a water main bursts, pipes freeze, or there is unexpectedly high demand on the water system such as an emergency firefighting water drawdown, water or substances from the ground, storage, or other sources may be drawn up into the system. Additionally, non-potable substances may be pushed into a potable water supply if the pressure in the downstream piping system exceeds the pressure in the potable water system. Either of these backflow conditions can enable contaminated water or substances to enter the potable water distribution system, potentially risking public health and safety.

Heath risks associated with backflow: According to the United States Environmental Protection Agency (US EPA), a variety of biological and chemical contaminants have been introduced into drinking water distribution systems by cross-connections and backflow. The likelihood and severity of illness and number of people affected depend on various factors including how much of the contaminant enters the system, the dilution factor, the type of contaminant, the number of users exposed, and the health status of each person at the time of exposure. Contamination from cross-connections and backflow can occur not only where the cross-connection is located, but at sites upstream and downstream, as contaminants spread. US EPA describes the contaminants that have entered drinking water systems through backflow as including pathogenic microorganisms, pesticides, metals, synthetic and volatile organic compounds, nitrates, and nitrites.

Backflow prevention: Backflow preventers are mechanical assemblies used to prevent contaminated fluids from entering the water supply system. US EPA discusses that a wide variety of devices exists that can be used to prevent backflow from adding contaminated fluids or gases into a potable water supply system. These include air gaps, barometric loops, vacuum breakers—both atmospheric and pressure type, double check with intermediate atmospheric vent, double check valve assemblies, and reduced pressure principle devices. US EPA relates that, generally, the selection of the proper device is based upon the degree of hazard posed by the cross-connection. Additional considerations are based upon piping size, location, and the potential need to periodically test the devices to insure proper operation.

Cross-connection control and backflow regulation in California: The California Code of Regulations (CCR), Title 17, contains the fundamental components of California’s regulatory requirements for cross-connections and backflow prevention. The Department of Health Services promulgated the existing cross-connection and backflow regulations in Title 17 in 1987, when that department administered the state’s drinking water program. When CDPH became a stand-alone department (it had previously been under the umbrella of the Department of Health Services), it assumed responsibility for administering the drinking water, and thus the backflow prevention, programs. On July 1, 2014, the Legislature transferred the administration of the drinking water and backflow prevention programs from CDPH to the State Water Board. The cross-connection and backflow regulations have not been updated since 1987.

Since it received responsibility for administering the drinking water program (now called the Division of Drinking Water, or DDW), the State Water Board has made great progress in updating and advancing its many programs and regulations, but it is contending with a backlog of programs and regulations that were not revised for many years. One of those outdated programs is the cross-connection control and backflow prevention regulation.

In order to better prioritize its many drinking water programs in need of updating, the State Water Board, at its February 22, 2017, meeting, discussed the consideration of a resolution to adopt a proposed prioritization list of drinking water regulations for 2017. As a result, the State Water Board adopted the prioritization of drinking water regulations and directed DDW staff to prioritize their work on drinking water regulations for calendar year 2017, including Cross-Connection Control Regulations as the sixth highest regulatory priority for the year. The Water Board predicts the rule-making process for Cross-Connection Control Regulations to begin this fall.

Certification of backflow prevention device testers: The proper testing of backflow prevention assemblies is critical to maintaining a protective cross-connection control program, preventing backflow, and properly administering safe drinking water systems. In California, regulation requires water suppliers to protect the public water supply from contamination by the implementation of a cross-connection control program. In order to ensure that qualified persons perform the testing and maintenance of backflow prevention devices, statute authorizes local health officers to maintain programs for the certification of backflow prevention device testers. Regulation also provides that the cross-connection control program, including testing backflow preventers, may be implemented directly by the water supplier or by means of a contract with the local health agency, or with another agency approved by the health agency. Per regulation, backflow preventers must be tested by persons who have "demonstrated their competency" in testing of these devices to the water supplier or health agency. All of this can be taken together to say that statute and regulation have set up a fragmented situation in which some local jurisdictions maintain a backflow prevention assembly tester certification program, but others do not.

This bill requires certifications for cross-connection or backflow prevention device testing and maintenance that were determined by CDPH, prior to January 1, 2016, to demonstrate competency to be approved California-specific certifications.

Certifying entities that have demonstrated competency: In relation to the above provision of the bill, the Committee has only been able to identify one action, which is a letter from CDPH to a certifying entity, which appears to discuss demonstrated competency. The letter, drafted by CDPH on November 8, 2011, to the American Society of Sanitary Engineering (ASSE), says the following, "The Division of Drinking Water and Environmental Management's Drinking Water Program, within the Department of Public Health (Department) has completed a review of the American Society of Sanitary Engineering's (ASSE's) proposed revisions to its document titled, ASSE Guidelines for Cross-Connection Control Certification. The proposed revisions… adequately address the Department's concerns described in our October 2011 letter…As a result, the Department would consider an individual having successfully completed ASSE's California-specific certification process for the testing of backflow prevention assemblies, to have demonstrated their competency in such testing to the Department."

While the Committee does not have a copy of the October 2011 letter from ASSE explaining the changes made to its program, it does have a few other letters, dated in the year 2011, from CDPH to certifying entities (ie. Northern California Backflow Prevention Association, California Rural Water Association, and ASSE) delineating the components of a certification program that would need to be included for an individual holding the certification to have "demonstrated competency." Therefore, one can ascertain which components CDPH thought necessary to include in a certification program, but the process by which CDPH evaluated the programs and which components, standards, and protocols ASSE included in the program, then and now, are unclear.

The letters do, however, state the following, "It's important to understand that the Department's position on this issue would not necessarily be binding throughout California's cross connection control industry. For example, a tester may demonstrate their competency to other agencies or the water supplier for which they'd be performing testing, or they may be testing backflow prevention assemblies for reasons unrelated to the requirements set forth by the Department for public water systems. Public water systems may impose conditions or restrictions on testers that are beyond the Department's authority or control."

It is important to note that the Legislature, through SB 861 (Committee on Budget and Fiscal Review, Chapter 35, Statutes of 2014) transferred the administration of the Drinking Water Program (now DDW), including administration of the Cross-Connection Control by Water Users law, from CDPH to the State Water Board, effective July 1, 2014.

This bill additionally prohibits, under certain conditions, a water supplier from refusing to recognize statewide certifications that meet standards set by a regulation of the State Water Board.

Arguments in support: The California State Pipes Trades Council and the International Association of Plumbing and Mechanical Officials argue, "Statewide consistency is needed regarding what certifications are acceptable for cross-connection and back flow prevention device testers. This lack of guidance has resulted in inconsistent requirements throughout the state, burdening plumbers, installers, stifling competition and increasing customer costs…

Section 60316(a) of Title 22, California Code of Regulations requires cross-connection testing and inspection be performed "by a cross-connection control specialist certified by the California-Nevada section of the American Water Works Association ["AWWA"] or an organization with equivalent certification requirements." This language is out of date because, at the time it was enacted, AWWA was the only organization providing this certification in California. There are now other organizations providing this certification, including the American Society of Safety Engineering which is the only certificate to have been reviewed and expressly recognized by the California Department of Public Health to demonstrate competency in backflow prevention testing."

Arguments in opposition: According to the Association of California Water Agencies, the California Municipal Utilities Association, the California Water Association, and the California-Nevada Section of the American Water Works Association, argue, "The only way a water system or the local health officer becomes aware of a broken or failed backflow system is when an incident has occurred that results in the contamination of the water supply leading to a public health incident or the risk of a public health incident. Thus, the proper testing of backflow prevention assemblies is crucial to the prevention of backflow and is a cornerstone of a properly managed cross-connection control program…

Because this issue is at the heart of public health and safety with respect to drinking water systems, the decision on the selection of backflow prevention assembly testers, and the certification regulations and protocols to which they must adhere, must necessarily remain with the State Board, the local county health officer or the local public water supplier. With respect to AB 1529, the emphasis is on listing "approved" statewide certification providers (for those areas of the state where the local health officer does not maintain a local certification program), rather than statewide regulations that would encompass all certification programs and upon which those approvals will be granted."

Related legislation:

1. AB 1671 (Caballero). Requires the State Water Board to update its backflow protection and cross-connection control regulations on or before January 1, 2020. This bill is scheduled to be heard in the Assembly Environmental Safety and Toxic Materials Committee on April 25, 2017.
2. AB 1173 (Williams, 2016). Would have required, if a local health officer does not maintain a program for certification of backflow prevention device testers, the testing and maintenance of a backflow prevention device be performed by a person who has received a California-specific certification for testing backflow prevention devices from one of three listed entities or a similar certification provider deemed acceptable by the State Water Board or the local health officer. This bill was held in the Senate Environmental Quality and Committee.

Potential amendment: To clarify that water suppliers are also able to reject the adequacy of a test, the Committee may wish to amend the bills as follows:

116812 (b) …Nothing in this section prohibits an agency, water supplier, or regulated public utility from rejecting the adequacy of a specific cross-connection or backflow prevention device inspection, test, or maintenance activity for reasons other than the identity of the certification provider.

REGISTERED SUPPORT / OPPOSITION:

Support

California Legislative Conference of the Plumbing, Heating, and Piping Industry

California State Pipes Trades Council

International Association of Plumbing and Mechanical Officials

Opposition

Association of California Water Agencies

California Municipal Utilities Association

California Water Association

California-Nevada Section of the American Water Works Association

Analysis Prepared by: Shannon McKinney / E.S. & T.M. /