AB 1588: Drinking water and wastewater operator certification programs.
- Session Year: 2019-2020
- House: Assembly
- Latest Version Date: 2019-10-11
|
Date
|
Status
|
|---|---|
| Oct 11, 2019 | Chaptered by Secretary of State - Chapter 760, Statutes of 2019. |
| Oct 11, 2019 | Approved by the Governor. |
| Sep 11, 2019 | Enrolled and presented to the Governor at 3:30 p.m. |
| Sep 5, 2019 | Senate amendments concurred in. To Engrossing and Enrolling. |
| Aug 27, 2019 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 29 pursuant to Assembly Rule 77. |
| Aug 26, 2019 | Read third time. Passed. Ordered to the Assembly. |
| Aug 21, 2019 | Read second time. Ordered to third reading. |
| Aug 20, 2019 | Read third time and amended. Ordered to second reading. |
| Aug 15, 2019 | From Consent Calendar. |
| Aug 13, 2019 | Read second time. Ordered to Consent Calendar. |
| Aug 12, 2019 | From committee: Be ordered to second reading file pursuant to Senate Rule 28.8 and ordered to Consent Calendar. |
| Jul 9, 2019 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 6. Noes 0.) (July 9). Re-referred to Com. on APPR. |
| Jun 25, 2019 | Read second time and amended. Re-referred to Com. on V.A. |
| Jun 24, 2019 | From committee: Amend, and do pass as amended and re-refer to Com. on V.A. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (June 19). |
| Jun 6, 2019 | Referred to Coms. on EQ. and V.A. |
| May 24, 2019 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 23, 2019 | Read third time. Passed. Ordered to the Senate. |
| May 20, 2019 | Read second time. Ordered to third reading. |
| May 16, 2019 | From committee: Do pass. (Ayes 18. Noes 0.) (May 16). |
| May 16, 2019 | Joint Rule 62(a), file notice suspended. |
| May 15, 2019 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| May 13, 2019 | Joint Rule 62(a), file notice suspended. (Page 1609.) |
| May 9, 2019 | Re-referred to Com. on APPR. |
| May 8, 2019 | From committee chair, with author's amendments: Amend, and re-refer to Com. on APPR. Read second time and amended. |
| May 8, 2019 | In committee: Hearing postponed by committee. |
| Apr 10, 2019 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 9. Noes 0.) (April 9). Re-referred to Com. on APPR. |
| Apr 3, 2019 | Re-referred to Com. on E.S. & T.M. |
| Apr 2, 2019 | From committee chair, with author's amendments: Amend, and re-refer to Com. on E.S. & T.M. Read second time and amended. |
| Mar 14, 2019 | Referred to Com. on E.S. & T.M. |
| Feb 25, 2019 | Read first time. |
| Feb 23, 2019 | From printer. May be heard in committee March 25. |
| Feb 22, 2019 | Introduced. To print. |
|
Date
|
Description
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Location
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Votes
|
|
|---|---|---|---|---|
| Sep 5, 2019 | AB 1588 Gloria Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Aug 26, 2019 | Assembly 3rd Reading AB1588 Gloria et al. By Wilk | Senate Floor |
Passed |
|
| Jul 9, 2019 | Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Veterans Affairs |
Passed |
|
| Jun 19, 2019 | Do pass as amended, but first amend, and re-refer to the Committee on [Veterans Affairs] with the recommendation: To Consent Calendar | Senate Standing Committee on Environmental Quality |
Passed |
|
| May 23, 2019 | AB 1588 Gloria Assembly Third Reading | Assembly Floor |
Passed |
|
| May 16, 2019 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 9, 2019 | Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Environmental Safety and Toxic Materials |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 1588
Author:(Gloria and Gray)
As Amended Ver:August 20, 2019
Majority vote
SUMMARY:
Requires the State Water Resources Control Board (State Water Board) to evaluate opportunities for issuing, and, provided opportunities exist, to issue a water treatment operator certificate, and water distribution operator certificate by reciprocity, a wastewater certificate by examination waiver, and award experience or education credits to United States (US) military members for comparable duties during their military service.
The Senate Amendments:
Require the State Water Board to provide reciprocity contingent upon an evaluation and identification of opportunities and to seek consultation with the US Department of Defense, and makes other technical and conforming changes.
COMMENTS:
Operation of water treatment and water distribution systems in California: Laws and regulations governing water treatment facility operation were enacted in California in 1971. These established the level at which water treatment facilities should be staffed, and the minimum qualifications for testing and criteria for renewal and revocation of operator certificates. All public water systems that have water treatment facilities require certified water treatment operators. Water systems that only use disinfection facilities for groundwater, where no Giardia or virus reduction is required, can meet the operator certification requirements with a certified distribution operator. All community and non-transient non-community public water systems must have certified distribution operators.
Certified treatment and distribution system operator authorities: To ensure that treatment of water and distribution of water systems protect public health, the State Water Board requires that critical water system decisions be made by individuals with sufficient qualifications, as defined in regulations. Water treatment and distribution operator certification is managed by the Drinking Water Operator Certification Program (DWOCP) within the State Water Board. The DWOCP is responsible for the testing and certification of approximately 35,000 water treatment and water distribution operators throughout the state of California.
Operator certification progresses through five levels, with each level requiring a demonstration of increased operational expertise and experience. The required knowledge, skills, and abilities of each certification level are developed based on job analyses conducted by subject matter experts, who are typically water treatment system operators and managers with extensive field experience. There is an ongoing validation process to ensure that examination questions are representative of operator duties and responsibilities, with workshops attended by the subject matter experts to validate existing exam questions and to write new questions.
Alternatives to operator experience: Applicants can use education and relevant work experience as alternatives for required operator experience, although there are limitations that vary by operator certification level, as defined in regulations. Applicants with a Bachelor of Science or Master of Science degree can fulfill operator experience requirements by completing a comprehensive on-the-job operator training program covering a variety of water topics, as defined in regulations. Applicants with an Associate degree or certificate in water or wastewater technology or distribution may be used to fulfill a year of operator experience. Applicants with a Bachelor's or Master's degree in engineering or physical, chemical, or biological sciences may be used to fulfill up to two years of operator experience. Additionally, lead responsibility for water quality related projects or research can be used on a day-for-day basis to fulfill operator experience requirements.
Existing State Water Board reciprocity certifications: The State Water Board may grant certification through reciprocity to operators who hold a valid water treatment or distribution certificate issued by another state. The State Water Board then compares the applicant's education and experience to that required for certification in California in order to make a determination of equitability. Because trainings and experiences of water treatment and water distribution operators in other states may differ from that in California, a case-by-case evaluation has been necessary for the State Water Board to ensure the "level of skill, knowledge, education, and experience necessary to operate successfully specific classes of water treatment plants or water distribution systems so as to protect public health." An evaluation of trainings and experiences offered by the US Department of Defense for equitability is consistent with current practices. Existing law does not currently provide reciprocity for wastewater certificates.
According to the Author:
"Currently in California, military veterans are not able to apply their previous, equivalent experience towards their applications for higher levels of certification. At the same time the demand for qualified operators is increasing due to the high level of expected retirements among the experienced workforce. There are several anecdotal accounts of veterans who have tried to receive credit for their experience from the [State Water Board] and been turned down. Additionally, in our own conversations with the [State Water Board], they shared that military experience is not considered only state drinking water experience. So while they allow military veterans to take exams, they do not receive the certification. They shared that they would need a statutory change to do this."
Arguments in Support:
San Diego County and other water districts state, "The water and wastewater industries are experiencing aging infrastructure and a retiring workforce. Projections of demand for water operators are fueled by a recent industry report noting that thousands of water workers are expected to retire in coming years. The California water industry would have a larger pool of highly skilled individuals if military veterans were offered experience credit toward state or industry certifications. AB 1588 would support our veterans by allowing the application of equivalency standards to credit military experience towards state or industry certifications in the water and wastewater treatment and distribution fields."
Arguments in Opposition:
None on file.
FISCAL COMMENTS:
The Senate Appropriations Committee determined that any state costs of the bill are insignificant pursuant to Senate Rule 28.8.
VOTES:
ASM ENVIRONMENTAL SAFETY AND TOXIC MATERIALS: 9-0-0
YES: Quirk, Melendez, Kalra, Bauer-Kahan, Dahle, Cristina Garcia, Holden, Mathis, Muratsuchi
ASM APPROPRIATIONS: 18-0-0
YES: Gonzalez, Bigelow, Bloom, Bonta, Brough, Calderon, Carrillo, Chau, Diep, Eggman, Fong, Gabriel, Eduardo Garcia, Maienschein, Obernolte, Petrie-Norris, Quirk, Robert Rivas
ASSEMBLY FLOOR: 78-0-2
YES: Aguiar-Curry, Arambula, Bauer-Kahan, Berman, Bigelow, Bloom, Boerner Horvath, Bonta, Brough, Burke, Calderon, Carrillo, Cervantes, Chau, Chen, Chiu, Choi, Chu, Cooper, Cunningham, Dahle, Daly, Diep, Eggman, Flora, Fong, Frazier, Friedman, Gabriel, Gallagher, Cristina Garcia, Gipson, Gloria, Gonzalez, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, O'Donnell, Obernolte, Patterson, Petrie‑Norris, Quirk, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Salas, Santiago, Smith, Mark Stone, Ting, Voepel, Waldron, Weber, Wicks, Wood, Rendon
ABS, ABST OR NV: Cooley, Eduardo Garcia
SENATE FLOOR: 38-0-2
YES: Allen, Archuleta, Atkins, Bates, Beall, Borgeas, Bradford, Caballero, Chang, Dahle, Dodd, Durazo, Galgiani, Glazer, Lena Gonzalez, Grove, Hertzberg, Hill, Hueso, Hurtado, Jackson, Jones, McGuire, Mitchell, Monning, Moorlach, Morrell, Nielsen, Pan, Portantino, Roth, Rubio, Skinner, Stern, Stone, Umberg, Wiener, Wilk
ABS, ABST OR NV: Leyva, Wieckowski
UPDATED:
VERSION: August 20, 2019
CONSULTANT: Pajau Vangay / E.S. & T.M. / (916) 319-3965 FN: 0001509
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 1588 |
THIRD READING
Bill No: AB 1588
Author: Gloria (D) and Gray (D), et al.
Amended: 8/20/19 in Senate
SENATE ENVIRONMENTAL QUALITY COMMITTEE: 7-0, 6/19/19
AYES: Allen, Bates, Dahle, Hill, Skinner, Stern, Wieckowski
SENATE VETERANS AFFAIRS COMMITTEE: 6-0, 7/9/19
AYES: Archuleta, Hurtado, Nielsen, Roth, Umberg, Wilk
NO VOTE RECORDED: Grove
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 78-0, 5/23/19 - See last page for vote
SUBJECT: Drinking water and wastewater operator certification programs
San Diego County Water Authority
DIGEST: This bill requires the State Water Resources Control Board (SWRCB), in consultation with the federal Department of Defense (DoD), to evaluate opportunities to issue a water treatment operator certificate and water distribution operator certificate by reciprocity to persons who performed comparable duties while serving in the United States military.
Senate Floor Amendments of 8/20/19 clarify qualifications of the additional advisory committee member.
ANALYSIS:
Existing law:
- Requires the SWRCB to examine and certify persons as to their qualifications to operate water treatment and distribution systems. (Health and Safety Code (HSC) § 106875)
- Authorizes the SWRCB to approve courses of instruction provided by educational institutions, professional associations, public agencies, or private agencies for purposes of qualifying persons for issuance of and renewal of a water treatment operator certificate or water distribution operator certificate. (HSC § 106900)
- Authorizes the SWRCB to adopt rules, regulations, and certification standards, including criteria and standards establishing the level of skill, knowledge, education, and experience necessary to operate successfully specific classes of water treatment plants or water distribution systems so as to protect public health. (HSC § 106910(c)(d))
- Requires the SWRCB to issue a water treatment operator certificate and water distribution operator certificate by reciprocity to any person holding a valid, unexpired, comparable certification issued by another state, the United States, a territory or tribal government that has been designated primacy agency by the United States Environmental Protection Agency. Authorizes the SWRCB to prescribe procedures and requirements for issuing a water treatment operator certificate and water distribution operator certificate by reciprocity by regulations. (HSC § 106897)
- Defines “water treatment plant” as a group or assemblage of structures, equipment, and processes that treats, blends, or conditions the water supply of a public water system. (HSC § 116275(w))
- Defines “water distribution system” as any combination of pipes, tanks, pumps, and other physical features that deliver water from the source or water treatment plant to the consumer. (HSC § 116275(x))
- Defines “operates a water distribution system” as actions or decisions to control the quality or quantity of drinking water in a water distribution system and includes both of the following:
- Supervision of other persons operating a water distribution system; and,
- Any activity designated by the SWRCB, in its regulations to implement the water distribution operator certification program, as an activity that may only be performed by a person with a water distribution operator certificate. (HSC § 106876(d))
- Defines “water treatment operator certificate” and “water distribution operator certificate” as a certificate of competency issued by the SWRCB stating that a person has met the requirements to be certified to operate a water treatment plant or water distribution system, respectively, for a specific classification and grade level. (HSC § 106876(h)(k))
This bill:
- Requires the SWRCB to evaluate opportunities to issue a water treatment operator certificate or water distribution operator certificate by reciprocity, or a wastewater certificate by examination waiver, to persons who performed duties comparable to those duties while serving in the United States military, as specified.
- Requires the SWRCB to evaluate opportunities to award experience and education credits to persons who performed duties comparable to the duties of an operator at a water treatment facility, water distribution system, or wastewater treatment plant while serving in the United States military.
- Requires the SWRCB, if it identifies opportunities and where appropriate, to issue those certificates by reciprocity or examination waiver to those persons or to award experience or education credits to those persons.
- Requires the SWRCB to seek consultation with the DoD in evaluating opportunities mentioned above.
- Adds one person to the SWRCB advisory committee who is an active or former member of the United States military with wastewater treatment or distribution experience within their military service, as specified.
Background
- Operation of water treatment and water distribution systems in California. Laws and regulations governing certification of water treatment facility operation were enacted in California in 1971. These established the level at which water treatment facilities should be staffed, the minimum qualifications for testing and criteria for renewal and revocation of operator certificates. All public water systems that have water treatment facilities require certified water treatment operators. Water systems that only use disinfection facilities for groundwater, where no Giardia or virus reduction is required, can meet the operator certification requirements with a certified distribution operator. All community and non-transient non-community public water systems with or without water treatment facilities must have certified distribution operators.
- Certified treatment and distribution system operator authorities. To ensure that treatment and distribution of water systems protect public health, the SWRCB requires that critical water system decisions be made by individuals with sufficient qualifications, as defined in regulations. Water treatment and distribution operator certification is managed by the Drinking Water Operator Certification Program (DWOCP) within the SWRCB. DWOCP is responsible for the testing and certification of approximately 35,000 water treatment and water distribution operators throughout the state.
Operator certification progresses through five levels, with each level requiring a demonstration of increased operational expertise and experience. Each level requires an educational prerequisite and successful passing of an examination based on the knowledge, skills, and abilities set forth in the regulation. Certificates must be renewed every three years, with proof of continuing education required at all levels.
The required knowledge, skills, and abilities of each certification level are developed based on job analyses conducted by subject matter experts, who are typically water treatment system operators and managers with extensive field experience. There is an ongoing validation process to ensure that examination questions are representative of operator duties and responsibilities, with workshops attended by the subject matter experts to validate existing exam questions and to write new questions.
- Alternatives to operator experience. Applicants can use education and relevant work experience as alternatives for required operator experience, although there are limitations that vary by operator certification level, as defined in regulations. Applicants with a Bachelor of Science or Master of Science degree can fulfill operator experience requirements by completing a six-months comprehensive on-the-job operator training program covering a variety of water topics, as defined in regulations. Applicants with an Associate degree or certificate in water or wastewater technology or distribution may be used to fulfill a year of operator experience. Applicants with a Bachelor's or Master's degree in engineering or physical, chemical, or biological sciences may be used to fulfill up to two years of operator experience. Additionally, lead responsibility for water quality related projects or research can be used on a day-for-day basis to fulfill operator experience requirements.
- SWRCB reciprocity certifications. The SWRCB may grant certification through reciprocity to operators who hold a valid water treatment or distribution certificate issued by another state. Applicants must submit several documents, including a water treatment or distribution certificate from another state, certificates of completion for any courses taken with at least 35 contact hours, and, for Grade 3 certification, the utility organization chart with employee names and position, and utility's official job description including duties performed. The SWRCB then compares the applicant's education and experience to that required for certification in California in order to make a determination of equitability. Because trainings and experiences of water treatment and water distribution operators in other states may differ from that in California, a case-by-case review of each applicant's qualifications is necessary for the SWRCB to ensure the “level of skill, knowledge, education, and experience necessary to operate successfully specific classes of water treatment plants or water distribution systems so as to protect public health.”
Comments
- Purpose of Bill. According to the author, “Water and wastewater operations are essential and well-established industries with an aging infrastructure and workforce. The replacement of critical infrastructure components, like 100-year-old pipes and pumps, while maintaining service to customers, is one of the greatest challenges in the industry today. In addition, the high-level of retirements, new technologies, and increased demand for safe drinking water also contribute to pressure on the industry to adapt.
“Projections of demand for water operators are fueled by a high level of expected retirements among the experienced workforce and the continued increase in demand for water by both residential and commercial customers. According to recent industry reports, thousands of water workers are expected to retire from their positions in coming years, leading to a huge gap to fill for utilities and other water employers. At the same time, more than 250,000 U.S. military members leave the service each year, many with equivalent technical skillsets that can address the growing demand for experienced water operators.
“Several states—including Washington, Texas, North Carolina, and Pennsylvania—provide paths for military veterans, with equivalent work experience, to navigate the civilian water system operator certification process and allow the application of equivalency standards to credit military experiences toward state or industry certifications in the water and wastewater treatment and distribution fields. However, there is no similar pathway or equivalency standard process for military veterans in California. The California water industry and other similar skilled trade industries would have a much larger pool of highly experienced, motivated, and talented individuals eager to continue their service to the public and the community at large if military veterans were offered credit toward state or industry certifications.
“AB 1588 allows military veterans with equivalent water operations technical skillsets to receive appropriate crediting for the experience and education gained during their military service.”
Related/Prior Legislation
AB 2890 (Assembly Environmental Safety and Toxic Materials Committee, Chapter 305, Statutes of 2016) aligned SWRCB programs for wastewater and drinking water treatment operator certifications to improve the efficiency and effectiveness of these programs, which also included establishing the Drinking Water Operator Certification Advisory Committee and allowing operators that hold certification from another state to apply for reciprocity.
AB 1778 (Nakano, 2002) would have required criminal background checks for persons responsible for water treatment plans and water distribution systems. Held in the Senate Public Safety Committee.
SB 1107 (Sher, Chapter 755, Statutes of 1999) modified and expanded the certification process for operators of drinking water systems to reflect adopted national standards.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
Otay Water District (co-source)
San Diego County Water Authority (co-source)
American Federation of State, County and Municipal Employees, AFL-CIO
American GI Forum of California
AMVETS – Department of California
Associated Builders and Contractors of Northern California
CalDesal
California Association of County Veterans Service Officers
California Association of Sanitation Agencies
California Municipal Utilities Association
California Special Districts Association
California State Commanders Veterans Council
California Water Association
Chula Vista Chamber of Commerce
City of Oceanside
City of San Diego
County of San Diego
East Bay Municipal Utilities District
Eastern Municipal Water District
Environmental Working Group
Inland Empire Utilities Agency
Irvine Ranch Water District
Mesa Water District
Metropolitan Water District of Southern California
Northern California Water Association
Oceanside Chamber of Commerce
Padre Dam Municipal Water District
Rincon del Diablo Municipal Water District
Rural County Representatives of California
San Diego Regional Chamber of Commerce
San Diego Regional EDC
San Diego Veterans Coalition
Santa Clara Valley Water District
Sweetwater Authority
Turlock Irrigation District
United Veterans Council of San Diego County
Valley Center Municipal Water District
Veterans Village of San Diego
Vietnam Veterans of America – California State Council
Vista Chamber of Commerce
OPPOSITION: (Verified 8/20/19)
None received
ASSEMBLY FLOOR: 78-0, 5/23/19
AYES: Aguiar-Curry, Arambula, Bauer-Kahan, Berman, Bigelow, Bloom, Boerner Horvath, Bonta, Brough, Burke, Calderon, Carrillo, Cervantes, Chau, Chen, Chiu, Choi, Chu, Cooper, Cunningham, Dahle, Daly, Diep, Eggman, Flora, Fong, Frazier, Friedman, Gabriel, Gallagher, Cristina Garcia, Gipson, Gloria, Gonzalez, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Petrie-Norris, Quirk, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Salas, Santiago, Smith, Mark Stone, Ting, Voepel, Waldron, Weber, Wicks, Wood, Rendon
NO VOTE RECORDED: Cooley, Eduardo Garcia
Prepared by: Gabrielle Meindl / E.Q. / (916) 651-4108
8/21/19 12:42:20
**** END ****
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 1588 |
THIRD READING
Bill No: AB 1588
Author: Gloria (D) and Gray (D), et al.
Amended: 6/25/19 in Senate
SENATE ENVIRONMENTAL QUALITY COMMITTEE: 7-0, 6/19/19
AYES: Allen, Bates, Dahle, Hill, Skinner, Stern, Wieckowski
SENATE VETERANS AFFAIRS COMMITTEE: 6-0, 7/9/19
AYES: Archuleta, Hurtado, Nielsen, Roth, Umberg, Wilk
NO VOTE RECORDED: Grove
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 78-0, 5/23/19 - See last page for vote
SUBJECT: Drinking water and wastewater operator certification programs
San Diego County Water Authority
DIGEST: This bill requires the State Water Resources Control Board (SWRCB), in consultation with the federal Department of Defense (DoD), to evaluate opportunities to issue a water treatment operator certificate and water distribution operator certificate by reciprocity to persons who performed comparable duties while serving in the United States military.
ANALYSIS:
Existing law:
- Requires the SWRCB to examine and certify persons as to their qualifications to operate water treatment and distribution systems. (Health and Safety Code (HSC) § 106875)
- Authorizes the SWRCB to approve courses of instruction provided by educational institutions, professional associations, public agencies, or private agencies for purposes of qualifying persons for issuance of and renewal of a water treatment operator certificate or water distribution operator certificate. (HSC § 106900)
- Authorizes the SWRCB to adopt rules, regulations, and certification standards, including criteria and standards establishing the level of skill, knowledge, education, and experience necessary to operate successfully specific classes of water treatment plants or water distribution systems so as to protect public health. (HSC § 106910(c)(d))
- Requires the SWRCB to issue a water treatment operator certificate and water distribution operator certificate by reciprocity to any person holding a valid, unexpired, comparable certification issued by another state, the United States, a territory or tribal government that has been designated primacy agency by the United States Environmental Protection Agency. Authorizes the SWRCB to prescribe procedures and requirements for issuing a water treatment operator certificate and water distribution operator certificate by reciprocity by regulations. (HSC § 106897)
- Defines “water treatment plant” as a group or assemblage of structures, equipment, and processes that treats, blends, or conditions the water supply of a public water system. (HSC § 116275(w))
- Defines “water distribution system” as any combination of pipes, tanks, pumps, and other physical features that deliver water from the source or water treatment plant to the consumer. (HSC § 116275(x))
- Defines “operates a water distribution system” as actions or decisions to control the quality or quantity of drinking water in a water distribution system and includes both of the following:
- Supervision of other persons operating a water distribution system; and,
- Any activity designated by the SWRCB, in its regulations to implement the water distribution operator certification program, as an activity that may only be performed by a person with a water distribution operator certificate. (HSC § 106876(d))
- Defines “water treatment operator certificate” and “water distribution operator certificate” as a certificate of competency issued by the SWRCB stating that a person has met the requirements to be certified to operate a water treatment plant or water distribution system, respectively, for a specific classification and grade level. (HSC § 106876(h)(k))
This bill:
- Requires the SWRCB to evaluate opportunities to issue a water treatment operator certificate or water distribution operator certificate by reciprocity, or a wastewater certificate by examination waiver, to persons who performed duties comparable to those duties while serving in the United States military, as specified.
- Requires the SWRCB to evaluate opportunities to award experience and education credits to persons who performed duties comparable to the duties of an operator at a water treatment facility, water distribution system, or wastewater treatment plant while serving in the United States military.
- Requires the SWRCB, if it identifies opportunities and where appropriate, to issue those certificates by reciprocity or examination waiver to those persons or to award experience or education credits to those persons.
- Requires the SWRCB to seek consultation with the DoD in evaluating opportunities mentioned above.
- Adds one person who is an active or former member of the United States military to the SWRCB advisory committee who is either:
- Working or who has previously worked in a water or wastewater treatment operations classification within their military service; or
- Working or who has previously worked in a water or wastewater distribution operations classification within their military service.
Background
- Operation of water treatment and water distribution systems in California. Laws and regulations governing certification of water treatment facility operation were enacted in California in 1971. These established the level at which water treatment facilities should be staffed, the minimum qualifications for testing and criteria for renewal and revocation of operator certificates. All public water systems that have water treatment facilities require certified water treatment operators. Water systems that only use disinfection facilities for groundwater, where no Giardia or virus reduction is required, can meet the operator certification requirements with a certified distribution operator. All community and non-transient non-community public water systems with or without water treatment facilities must have certified distribution operators.
- Certified treatment and distribution system operator authorities. To ensure that treatment and distribution of water systems protect public health, the SWRCB requires that critical water system decisions be made by individuals with sufficient qualifications, as defined in regulations. Water treatment and distribution operator certification is managed by the Drinking Water Operator Certification Program (DWOCP) within the SWRCB. DWOCP is responsible for the testing and certification of approximately 35,000 water treatment and water distribution operators throughout the state.
Operator certification progresses through five levels, with each level requiring a demonstration of increased operational expertise and experience. Each level requires an educational prerequisite and successful passing of an examination based on the knowledge, skills, and abilities set forth in the regulation. Certificates must be renewed every three years, with proof of continuing education required at all levels.
The required knowledge, skills, and abilities of each certification level are developed based on job analyses conducted by subject matter experts, who are typically water treatment system operators and managers with extensive field experience. There is an ongoing validation process to ensure that examination questions are representative of operator duties and responsibilities, with workshops attended by the subject matter experts to validate existing exam questions and to write new questions.
- Alternatives to operator experience: Applicants can use education and relevant work experience as alternatives for required operator experience, although there are limitations that vary by operator certification level, as defined in regulations. Applicants with a Bachelor of Science or Master of Science degree can fulfill operator experience requirements by completing a six-months comprehensive on-the-job operator training program covering a variety of water topics, as defined in regulations. Applicants with an Associate degree or certificate in water or wastewater technology or distribution may be used to fulfill a year of operator experience. Applicants with a Bachelor's or Master's degree in engineering or physical, chemical, or biological sciences may be used to fulfill up to two years of operator experience. Additionally, lead responsibility for water quality related projects or research can be used on a day-for-day basis to fulfill operator experience requirements.
- SWRCB reciprocity certifications: The SWRCB may grant certification through reciprocity to operators who hold a valid water treatment or distribution certificate issued by another state. Applicants must submit several documents, including a water treatment or distribution certificate from another state, certificates of completion for any courses taken with at least 35 contact hours, and, for Grade 3 certification, the utility organization chart with employee names and position, and utility's official job description including duties performed. The SWRCB then compares the applicant's education and experience to that required for certification in California in order to make a determination of equitability. Because trainings and experiences of water treatment and water distribution operators in other states may differ from that in California, a case-by-case review of each applicant's qualifications is necessary for the SWRCB to ensure the “level of skill, knowledge, education, and experience necessary to operate successfully specific classes of water treatment plants or water distribution systems so as to protect public health.”
Comments
- Purpose of Bill. According to the author, “Water and wastewater operations are essential and well-established industries with an aging infrastructure and workforce. The replacement of critical infrastructure components, like 100-year-old pipes and pumps, while maintaining service to customers, is one of the greatest challenges in the industry today. In addition, the high-level of retirements, new technologies, and increased demand for safe drinking water also contribute to pressure on the industry to adapt.
“Projections of demand for water operators are fueled by a high level of expected retirements among the experienced workforce and the continued increase in demand for water by both residential and commercial customers. According to recent industry reports, thousands of water workers are expected to retire from their positions in coming years, leading to a huge gap to fill for utilities and other water employers. At the same time, more than 250,000 U.S. military members leave the service each year, many with equivalent technical skillsets that can address the growing demand for experienced water operators.
“Several states—including Washington, Texas, North Carolina, and Pennsylvania—provide paths for military veterans, with equivalent work experience, to navigate the civilian water system operator certification process and allow the application of equivalency standards to credit military experiences toward state or industry certifications in the water and wastewater treatment and distribution fields. However, there is no similar pathway or equivalency standard process for military veterans in California. The California water industry and other similar skilled trade industries would have a much larger pool of highly experienced, motivated, and talented individuals eager to continue their service to the public and the community at large if military veterans were offered credit toward state or industry certifications.
“AB 1588 allows military veterans with equivalent water operations technical skillsets to receive appropriate crediting for the experience and education gained during their military service.”
Related/Prior Legislation
AB 2890 (Assembly Environmental Safety and Toxic Materials Committee, Chapter 305, Statutes of 2016) aligned SWRCB programs for wastewater and drinking water treatment operator certifications to improve the efficiency and effectiveness of these programs, which also included establishing the Drinking Water Operator Certification Advisory Committee and allowing operators that hold certification from another state to apply for reciprocity.
AB 1778 (Nakano, 2002) would have required criminal background checks for persons responsible for water treatment plans and water distribution systems. Held in the Senate Public Safety Committee.
SB 1107 (Sher, Chapter 755, Statutes of 1999) modified and expanded the certification process for operators of drinking water systems to reflect adopted national standards.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
Otay Water District (co-source)
San Diego County Water Authority (co-source)
American Federation of State, County and Municipal Employees, AFL-CIO
American GI Forum of California
Associated Builders and Contractors of Northern California
CalDesal
California Association of Sanitation Agencies
California Municipal Utilities Association
California Special Districts Association
California Water Association
Chula Vista Chamber of Commerce
City of Oceanside
City of San Diego
County of San Diego
East Bay Municipal Utilities District
Eastern Municipal Water District
Environmental Working Group
Inland Empire Utilities Agency
Irvine Ranch Water District
Mesa Water District
Metropolitan Water District of Southern California
Northern California Water Association
Oceanside Chamber of Commerce
Padre Dam Municipal Water District
Rincon del Diablo Municipal Water District
Rural County Representatives of California
San Diego Regional Chamber of Commerce
San Diego Regional EDC
San Diego Veterans Coalition
Santa Clara Valley Water District
Sweetwater Authority
Turlock Irrigation District
United Veterans Council of San Diego County
Valley Center Municipal Water District
Veterans Village of San Diego
Vista Chamber of Commerce
OPPOSITION: (Verified 8/12/19)
None received
ASSEMBLY FLOOR: 78-0, 5/23/19
AYES: Aguiar-Curry, Arambula, Bauer-Kahan, Berman, Bigelow, Bloom, Boerner Horvath, Bonta, Brough, Burke, Calderon, Carrillo, Cervantes, Chau, Chen, Chiu, Choi, Chu, Cooper, Cunningham, Dahle, Daly, Diep, Eggman, Flora, Fong, Frazier, Friedman, Gabriel, Gallagher, Cristina Garcia, Gipson, Gloria, Gonzalez, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Petrie-Norris, Quirk, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Salas, Santiago, Smith, Mark Stone, Ting, Voepel, Waldron, Weber, Wicks, Wood, Rendon
NO VOTE RECORDED: Cooley, Eduardo Garcia
Prepared by: Gabrielle Meindl / E.Q. / (916) 651-4108
8/15/19 11:53:18
**** END ****
SENATE COMMITTEE ON
Senator Bob Archuleta, Chair
2019 - 2020 Regular
Bill No: Hearing Date: 7/09/19
Author: | Gloria, et al | ||
Version: | Amended | ||
Urgency: | Fiscal: | ||
Consultant: | |||
Subject:
DESCRIPTION
Summary:
This bill would establish equivalence between specified military classifications and wastewater/drinking water treatment system operators relative to the State Water Resources Control Board (SWRCB) licensing requirements. Adds an active or former member of the US military with water treatment or distribution operator experience to the advisory committee on operator certificate program regulations.
Existing law:
1) Requires the SWRCB to examine and certify persons as to their qualifications to operate water treatment and distribution systems. (Health and Safety Code (HSC) § 106875)
2) Authorizes the SWRCB to approve courses of instruction provided by educational institutions, professional associations, public agencies, or private agencies for purposes of qualifying persons for issuance of and renewal of a water treatment operator certificate or water distribution operator certificate. (HSC § 106900)
3) Authorizes the SWRCB to adopt rules, regulations, and certification standards, including criteria and standards establishing the level of skill, knowledge, education, and experience necessary to operate successfully specific classes of water treatment plants or water distribution systems so as to protect public health. (HSC § 106910(c)(d))
4) Requires the SWRCB to issue a water treatment operator certificate and water distribution operator certificate by reciprocity to any person holding a valid, unexpired, comparable certification issued by another state, the US, a territory or tribal government that has been designated primacy agency by the US EPA. Authorizes the SWRCB to prescribe procedures and requirements for issuing a water treatment operator certificate and water distribution operator certificate by reciprocity by regulations. (HSC § 106897)
5) Defines "water treatment plant" as a group or assemblage of structures, equipment, and processes that treats, blends, or conditions the water supply of a public water system. (HSC § 116275(w))
6) Defines "water distribution system" as any combination of pipes, tanks, pumps, and other physical features that deliver water from the source or water treatment plant to the consumer. (HSC § 116275(x))
7) Defines "operates a water distribution system" as actions or decisions to control the quality or quantity of drinking water in a water distribution system and includes both of the following:
a) Supervision of other persons operating a water distribution system; and,
b) Any activity designated by the SWRCB, in its regulations to implement the water distribution operator certification program, as an activity that may only be performed by a person with a water distribution operator certificate. (HSC § 106876(d))
8) Defines "water treatment operator certificate" and "water distribution operator certificate" as a certificate of competency issued by the SWRCB stating that a person has met the requirements to be certified to operate a water treatment plant or water distribution system, respectively, for a specific classification and grade level. (HSC § 106876(h)(k))
This bill:
1) Requires the SWRCB to evaluate opportunities to issue a water treatment operator certificate or water distribution operator certificate by reciprocity, or a wastewater certificate by examination waiver, to persons who performed duties comparable to those duties while serving in the United States military, as specified.
2) Requires the SWRCB to evaluate opportunities to award experience and education credits to persons who performed duties comparable to the duties of an operator at a water treatment facility, water distribution system, or wastewater treatment plant while serving in the United States military.
3) Requires the SWRCB, if it identifies opportunities and where appropriate, to issue those certificates by reciprocity or examination waiver to those persons or to award experience or education credits to those persons.
4) Requires the SWRCB to seek consultation with the United States Department of Defense (DoD) in evaluating opportunities mentioned above.
5) Adds one person who is an active or former member of the US military to the SWRCB advisory committee who is either:
a) Working or who has previously worked in a water or wastewater treatment operations classification within their military service; or
b) Working or who has previously worked in a water or wastewater distribution operations classification within their military service.
BACKGROUND
Projections of demand for water operators are fueled by a high level of expected retirements among the experienced workforce and the continued increase in demand for water by both residential and commercial customers. According to recent industry reports, thousands of water workers are expected to retire from their positions in coming years, leading to a huge gap to fill for utilities and other water employers. At the same time, more than 250,000 U.S. military members leave the service each year, many with equivalent technical skillsets that can address the growing demand for experienced water operators.
Several states—including Washington, Texas, North Carolina, and Pennsylvania—provide paths for military veterans, with equivalent work experience, to navigate the civilian water system operator certification process and allow the application of equivalency standards to credit military experiences toward state or industry certifications in the water and wastewater treatment and distribution fields.
Certified treatment and distribution system operator authorities. To ensure that treatment and distribution of water systems protect public health, the SWRCB requires that critical water system decisions be made by individuals with sufficient qualifications, as defined in regulations. Water treatment and distribution operator certification is managed by the Drinking Water Operator Certification Program (DWOCP) within the SWRCB. DWOCP is responsible for the testing and certification of approximately 35,000 water treatment and water distribution operators throughout the state.
Operator certification progresses through five (5) levels, with each level requiring a demonstration of increased operational expertise and experience. Each level requires an educational prerequisite and successful passing of an examination based on the knowledge, skills, and abilities set forth in the regulation. Certificates must be renewed every three years, with proof of continuing education required at all levels.
The required knowledge, skills, and abilities of each certification level are developed based on job analyses conducted by subject matter experts, who are typically water treatment system operators and managers with extensive field experience. There is an ongoing validation process to ensure that examination questions are representative of operator duties and responsibilities, with workshops attended by the subject matter experts to validate existing exam questions and to write new questions.
Alternatives to operator experience. Applicants can use education and relevant work experience as alternatives for required operator experience, although there are limitations that vary by operator certification level, as defined in regulations. Applicants with a Bachelor of Science or Master of Science degree can fulfill operator experience requirements by completing a 6 months comprehensive on-the-job operator training program covering a variety of water topics, as defined in regulations. Applicants with an Associate degree or certificate in water or wastewater technology or distribution may be used to fulfill a year of operator experience. Applicants with a Bachelor's or Master's degree in engineering or physical, chemical, or biological sciences may be used to fulfill up to 2 years of operator experience. Additionally, lead responsibility for water quality related projects or research can be used on a day-for-day basis to fulfill operator experience requirements.
SWRCB reciprocity certifications. The SWRCB may grant certification through reciprocity to operators who hold a valid water treatment or distribution certificate issued by another state. Applicants must submit several documents, including a water treatment or distribution certificate from another state, certificates of completion for any courses taken with at least 35 contact hours, and, for Grade 3 certification, the utility organization chart with employee names and position, and utility's official job description including duties performed. The SWRCB then compares the applicant's education and experience to that required for certification in California in order to make a determination of equitability. Because trainings and experiences of water treatment and water distribution operators in other states may differ from that in California, a case-by-case review of each applicant's qualifications is necessary for the SWRCB to ensure the "level of skill, knowledge, education, and experience necessary to operate successfully specific classes of water treatment plants or water distribution systems so as to protect public health.”
COMMENT
Author’s Statement. According to the Author, “AB 1588 would ensure that qualified military veterans transitioning into civilian water and wastewater operator occupations receive appropriate crediting for the experience gained during their military service.
Currently in California, military veterans are unable to apply their previous, equivalent experience towards their applications for higher levels of certification. At the same time the demand for qualified operators is increasing due to the number of expected retirements among the experienced workforce.
This bill would instruct the State Water Board to partner with the Department of Defense to evaluate opportunities to issue reciprocity certificates or education credits for equivalent experience gained in the military. Once those opportunities are defined, the Board will, where appropriate, issue certificates by reciprocity or education credits for experience gained in the military.”
Committee Comments. There are different military-to-civilian cross-walks the DoD utilizes when evaluating experience or educational opportunities. For example, the Joint Service Transcript (JST), is an academically accepted document approved by the American Council on Education (ACE) to validate a service member's military occupational experience and training along with the corresponding ACE college credit recommendations. It provides a description of military schooling and work history in civilian language.
Although, there is no similar pathway or equivalency standard process for military veterans in California, the SWRCB does take military experience into consideration on a case-by-case basis. The amendments taken in the Senate Environmental Quality Committee require the SWRCB to seek consultation with DoD to ensure veterans receive credit for their military experience, while also meeting state certification requirements prior to being granted reciprocity.
Related/Previous Legislation. AB 2890 (Committee on Environmental Safety and Toxic Materials, Chapter 305, Statutes of 2016). Aligns SWRCB programs for wastewater and drinking water treatment operator certifications to improve the efficiency and effectiveness of these programs, which also included establishing the Drinking Water Operator Certification Advisory Committee and allowing operators that hold certification from another state to apply for reciprocity.
AB 1778 (Nakano, 2002). Would have required criminal background checks for persons responsible for water treatment plants and water distribution systems. Held in the Senate Public Safety Committee.
SB 1107 (Sher, Chapter 755, Statutes of 1999). Modifies and expands the certification process for operators of drinking water systems to reflect adopted national standards.
POSITIONS
Sponsor: San Diego County Water Authority
Otay Water District
Support: American Federation of State, County and Municipal Employees, AFL-CIO
American GI Forum of California
Associated Builders and Contractors of Northern California
CalDesal
California Association of Sanitation Agencies
California Municipal Utilities Association
California Special Districts Association
California Water Association
Chula Vista Chamber of Commerce
City of Oceanside
City of San Diego
County of San Diego
East Bay Municipal Utilities District
Eastern Municipal Water District
Environmental Working Group
Irvine Ranch Water District
Mesa Water District
Metropolitan Water District of Southern California
Northern California Water Association
Oceanside Chamber of Commerce
Padre Dam Municipal Water District
Rincon del Diablo Municipal Water District
Rural County Representatives of California
San Diego Regional Chamber of Commerce
San Diego Regional EDC
San Diego Veterans Coalition
Santa Clara Valley Water District
Sweetwater Authority
Turlock Irrigation District
United Veterans Council of San Diego County
Valley Center Municipal Water District
Veterans Village of San Diego
Vista Chamber of Commerce
Oppose: None on file.
-- END --
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator Allen, Chair
2019 - 2020 Regular
Bill No: AB 1588
Author: | Gloria and Gray | ||
Version: | 5/8/2019 | Hearing Date: | 6/19/2019 |
Urgency: | No | Fiscal: | Yes |
Consultant: | Gabrielle Meindl | ||
SUBJECT: Drinking water and wastewater operator certification programs
DIGEST: Establishes equivalence between specified military classifications and wastewater/drinking water treatment system operators relative to the State Water Resources Control Board (SWRCB) licensing requirements. Adds an active or former member of the US military with water treatment or distribution operator experience to the advisory committee on operator certificate program regulations.
ANALYSIS:
Existing law:
- Requires the SWRCB to examine and certify persons as to their qualifications to operate water treatment and distribution systems. (Health and Safety Code (HSC) § 106875)
- Authorizes the SWRCB to approve courses of instruction provided by educational institutions, professional associations, public agencies, or private agencies for purposes of qualifying persons for issuance of and renewal of a water treatment operator certificate or water distribution operator certificate. (HSC § 106900)
- Authorizes the SWRCB to adopt rules, regulations, and certification standards, including criteria and standards establishing the level of skill, knowledge, education, and experience necessary to operate successfully specific classes of water treatment plants or water distribution systems so as to protect public health. (HSC § 106910(c)(d))
- Requires the SWRCB to issue a water treatment operator certificate and water distribution operator certificate by reciprocity to any person holding a valid, unexpired, comparable certification issued by another state, the US, a territory or tribal government that has been designated primacy agency by the US EPA. Authorizes the SWRCB to prescribe procedures and requirements for issuing a water treatment operator certificate and water distribution operator certificate by reciprocity by regulations. (HSC § 106897)
- Defines "water treatment plant" as a group or assemblage of structures, equipment, and processes that treats, blends, or conditions the water supply of a public water system. (HSC § 116275(w))
- Defines "water distribution system" as any combination of pipes, tanks, pumps, and other physical features that deliver water from the source or water treatment plant to the consumer. (HSC § 116275(x))
- Defines "operates a water distribution system" as actions or decisions to control the quality or quantity of drinking water in a water distribution system and includes both of the following:
- Supervision of other persons operating a water distribution system; and,
- Any activity designated by the SWRCB, in its regulations to implement the water distribution operator certification program, as an activity that may only be performed by a person with a water distribution operator certificate. (HSC § 106876(d))
- Defines "water treatment operator certificate" and "water distribution operator certificate" as a certificate of competency issued by the SWRCB stating that a person has met the requirements to be certified to operate a water treatment plant or water distribution system, respectively, for a specific classification and grade level. (HSC § 106876(h)(k))
This bill:
- Adds a comparable military qualification issued by another state, the United States, a territory or tribal government designated as the primacy agency by the US Environmental Protection Agency (US EPA), or a unit of any of these, as an acceptable form of reciprocity for a SWRCB issued water treatment certificate and water distribution operator certificate.
- Authorizes the SWRCB to establish appropriate equivalency standards for issuing a water treatment operator certificate and water distribution operator certificate by reciprocity.
- Adds one person who is an active or former member of the US military to the SWRCB advisory committee who is either:
- working or who has previously worked in a water or wastewater treatment operations classification within their military service; or
- working or who has previously worked in a water or wastewater distribution operations classification within their military service.
- Declares that water and wastewater treatment and operation is a well-established industry with an aging workforce.
- Declares that to encourage water operator advancement and cross-training and to attract skilled workers, California operator certification requirements should recognize a broad range of experience and qualifications, including experience and education gained during active military service.
- Requires that operators of complex industrial facilities, including members of the military and military service veterans, receive appropriate equivalent experience credit and education credit for work and tasks performed that are directly related to the operation of water or wastewater facilities when applying for certification by the SWRCB as a water treatment operator, distribution system operator, or wastewater operator.
- Requires that full equivalent experience credit and education credit is given for work and tasks during military service that is directly related to the operation of water or wastewater when applying for certification.
- Specifies that experience credit includes work during military service that is applicable to work performed by a certified operator in California, including:
- Operation of similar water treatment processes;
- Operation and management of supervisory control and data acquisition (SCADA) systems and automation;
- Troubleshooting equipment failures;
- Management of water quality;
- Operation and maintenance of equipment such as pumps, motors, compressors, chemical feed systems, valves, actuators, and meters; and,
- Calibration of on-line analyzers.
- Specifies that the SWRCB shall consider education credit translated to the equivalent college semester unit, continuing education units, education points, or any combination of these, for military veterans who served in the military.
- Specifies the following military occupational specialties for the SWRCB to consider in the equivalency and crediting process:
- United States Air Force Specialty Code: 3E4X1 – Water and Fuel Systems Maintenance;
- United States Army military occupational specialty: 92W Water Treatment Specialist;
- United States Coast Guard Ratings: Damage Controlman, Machinery Technician, or Marine Science Technician;
- United States Navy Rating: Machinist Mate, Machinist Mate (Nuclear), or Utilitiesman; and,
- United States Marines military occupational specialty: 1171 Water Support Technician.
- Specifies that the SWRCB may seek guidance and input from the American Water Works Association, California Water Environment Association, and other water and wastewater industry experts in implementing these provisions.
Background
- Operation of water treatment and water distribution systems in California. Laws and regulations governing certification of water treatment facility operation were enacted in California in 1971. These established the level at which water treatment facilities should be staffed, the minimum qualifications for testing and criteria for renewal and revocation of operator certificates. All public water systems that have water treatment facilities require certified water treatment operators. Water systems that only use disinfection facilities for groundwater, where no Giardia or virus reduction is required, can meet the operator certification requirements with a certified distribution operator. All community and non-transient non-community public water systems with or without water treatment facilities must have certified distribution operators.
- Certified treatment and distribution system operator authorities. To ensure that treatment and distribution of water systems protect public health, the SWRCB requires that critical water system decisions be made by individuals with sufficient qualifications, as defined in regulations. Water treatment and distribution operator certification is managed by the Drinking Water Operator Certification Program (DWOCP) within the SWRCB. DWOCP is responsible for the testing and certification of approximately 35,000 water treatment and water distribution operators throughout the state.
Operator certification progresses through 5 levels, with each level requiring a demonstration of increased operational expertise and experience. Each level requires an educational prerequisite and successful passing of an examination based on the knowledge, skills, and abilities set forth in the regulation. Certificates must be renewed every three years, with proof of continuing education required at all levels.
The required knowledge, skills, and abilities of each certification level are developed based on job analyses conducted by subject matter experts, who are typically water treatment system operators and managers with extensive field experience. There is an ongoing validation process to ensure that examination questions are representative of operator duties and responsibilities, with workshops attended by the subject matter experts to validate existing exam questions and to write new questions.
- Alternatives to operator experience: Applicants can use education and relevant work experience as alternatives for required operator experience, although there are limitations that vary by operator certification level, as defined in regulations. Applicants with a Bachelor of Science or Master of Science degree can fulfill operator experience requirements by completing a 6 months comprehensive on-the-job operator training program covering a variety of water topics, as defined in regulations. Applicants with an Associate degree or certificate in water or wastewater technology or distribution may be used to fulfill a year of operator experience. Applicants with a Bachelor's or Master's degree in engineering or physical, chemical, or biological sciences may be used to fulfill up to 2 years of operator experience. Additionally, lead responsibility for water quality related projects or research can be used on a day-for-day basis to fulfill operator experience requirements.
- SWRCB reciprocity certifications: The SWRCB may grant certification through reciprocity to operators who hold a valid water treatment or distribution certificate issued by another state. Applicants must submit several documents, including a water treatment or distribution certificate from another state, certificates of completion for any courses taken with at least 35 contact hours, and, for Grade 3 certification, the utility organization chart with employee names and position, and utility's official job description including duties performed. The SWRCB then compares the applicant's education and experience to that required for certification in California in order to make a determination of equitability. Because trainings and experiences of water treatment and water distribution operators in other states may differ from that in California, a case-by-case review of each applicant's qualifications is necessary for the SWRCB to ensure the "level of skill, knowledge, education, and experience necessary to operate successfully specific classes of water treatment plants or water distribution systems so as to protect public health.”
Comments
- Purpose of Bill. According to the author, “Water and wastewater operations are essential and well-established industries with an aging infrastructure and workforce. The replacement of critical infrastructure components, like 100-year-old pipes and pumps, while maintaining service to customers, is one of the greatest challenges in the industry today. In addition, the high-level of retirements, new technologies, and increased demand for safe drinking water also contribute to pressure on the industry to adapt.
“Projections of demand for water operators are fueled by a high level of expected retirements among the experienced workforce and the continued increase in demand for water by both residential and commercial customers. According to recent industry reports, thousands of water workers are expected to retire from their positions in coming years, leading to a huge gap to fill for utilities and other water employers. At the same time, more than 250,000 U.S. military members leave the service each year, many with equivalent technical skillsets that can address the growing demand for experienced water operators.
“Several states—including Washington, Texas, North Carolina, and Pennsylvania—provide paths for military veterans, with equivalent work experience, to navigate the civilian water system operator certification process and allow the application of equivalency standards to credit military experiences toward state or industry certifications in the water and wastewater treatment and distribution fields. However, there is no similar pathway or equivalency standard process for military veterans in California. The California water industry and other similar skilled trade industries would have a much larger pool of highly experienced, motivated, and talented individuals eager to continue their service to the public and the community at large if military veterans were offered credit toward state or industry certifications.
“AB 1588 allows military veterans with equivalent water operations technical skillsets to receive appropriate crediting for the experience and education gained during their military service.”
- Apples for apples? Historically, California's water quality standards have been more stringent than federal standards, and as a result, the certification requirements for the operation of water treatment and distribution systems in California have evolved accordingly. The SWRCB already has authority to "prescribe procedures and requirements for issuing a water treatment operator certificate and water distribution operator certificate by reciprocity by regulations." Certification by reciprocity is currently approved on a case-by-case basis, after careful consideration of trainings and experiences from other states that may be relevant to California standards.
AB 1588 seeks to establish equivalence in statute between specified military classifications and wastewater/drinking water treatment system operators when it comes to SWRCB licensing requirements. Military experience in these classifications is not directly applicable to operator certification standards. While some military experience may be equivalent to operation of full-scale treatment facilities in the state, it is unclear that, for example, an Army Water Treatment Specialist, Navy Machinist Mate, Marine Corps Water Support Technician, etc. will automatically possess equivalent education and experience.
Placing questionable equivalencies in statute could result in unqualified individuals being licensed as wastewater/drinking water treatment operators, and possibly result in negative outcomes for water quality.
It may be prudent to task the SWRCB, in consultation with the military, to evaluate opportunities to grant appropriate equivalencies for training and experience gained during military service, as it is unclear whether there is a one-to-one correspondence of water treatment and distribution operations between all military branches and California.
Finally, current regulations already outline in detail how higher education, water-related coursework, and other related leadership experience can fulfill operator experience. If necessary, lists of technical occupations or experiences gained during military service are best suited for guidelines or regulations, as codifying in statute means that future updates may result in unnecessary requests for Legislature approval.
- Suggested amendments. The Committee may wish to consider amending the bill as follows:
- Remove references to specific military classifications as being equivalent to operator experience;
- Add language that would require the Board to evaluate opportunities to:
- Issue a wastewater treatment operator certificate and water distribution operator certificate by reciprocity to persons who performed duties comparable to the duties of an operator at a water treatment facility or water distribution system while serving in the United States military.
- Award experience and education credits to persons who performed duties comparable to the duties of an operator at a water treatment facility or water distribution system while serving in the United States military.
- Require the SWRCB to consult with the United States Department of Defense in carrying out these provisions.
Double Referral
If this measure is approved by the Senate Environmental Quality Committee, the do pass motion must include the action to re-refer the bill to the Senate Veterans Affairs Committee.
Related/Prior Legislation
AB 2890 (Committee on Environmental Safety and Toxic Materials, Chapter 305, Statutes of 2016). Aligns SWRCB programs for wastewater and drinking water treatment operator certifications to improve the efficiency and effectiveness of these programs, which also included establishing the Drinking Water Operator Certification Advisory Committee and allowing operators that hold certification from another state to apply for reciprocity.
AB 1778 (Nakano, 2002). Would have required criminal background checks for persons responsible for water treatment plans and water distribution systems. Held in the Senate Public Safety Committee.
SB 1107 (Sher, Chapter 755, Statutes of 1999). Modifies and expands the certification process for operators of drinking water systems to reflect adopted national standards.
SOURCE:
San Diego County Water Authority (Co-Sponsor)
Otay Water District (Co-Sponsor)
SUPPORT:
American Federation of State, County and Municipal Employees, AFL-CIO
American GI Forum of California
Associated Builders and Contractors of Northern California
CalDesal
California Association of Sanitation Agencies
California Municipal Utilities Association
California Special Districts Association
California Water Association
Chula Vista Chamber of Commerce
City of Oceanside
City of San Diego
County of San Diego
East Bay Municipal Utilities District
Eastern Municipal Water District
Environmental Working Group
Irvine Ranch Water District
Mesa Water District
Metropolitan Water District of Southern California
Northern California Water Association
Oceanside Chamber of Commerce
Otay Water District
Padre Dam Municipal Water District
Rincon del Diablo Municipal Water District
Rural County Representatives of California
San Diego Regional Chamber of Commerce
San Diego Regional EDC
San Diego Veterans Coalition
Sand Diego County Water Authority
Santa Clara Valley Water District
Sweetwater Authority
Turlock Irrigation District
United Veterans Council of San Diego County
Valley Center Municipal Water District
Veterans Village of San Diego
Vista Chamber of Commerce
OPPOSITION:
None received
-- END --
ASSEMBLY THIRD READING
ATR Bill Id:AB 1588
Author:(Gloria and Gray)
As Amended Ver:May 8, 2019
Majority vote
SUMMARY:
Authorizes the State Water Resources Control Board (State Water Board) to issue a water treatment operator certificate or water distribution operator certificate to United States (US) military members with comparable qualifications during their military service. Adds an active or former member of the US military with water treatment or distribution operator experience to the advisory committee on operator certificate program regulations.
Major Provisions
COMMENTS:
Operation of water treatment and water distribution systems in California: Laws and regulations governing water treatment facility operation were enacted in California in 1971. These established the level at which water treatment facilities should be staffed, and the minimum qualifications for testing and criteria for renewal and revocation of operator certificates. All public water systems that have water treatment facilities require certified water treatment operators. Water systems that only use disinfection facilities for groundwater, where no Giardia or virus reduction is required, can meet the operator certification requirements with a certified distribution operator. All community and non-transient non-community public water systems must have certified distribution operators.
Certified treatment and distribution system operator authorities: To ensure that treatment of water and distribution of water systems protect public health, the State Water Board requires that critical water system decisions be made by individuals with sufficient qualifications, as defined in regulations. Water treatment and distribution operator certification is managed by the Drinking Water Operator Certification Program (DWOCP) within the State Water Board. The DWOCP is responsible for the testing and certification of approximately 35,000 water treatment and water distribution operators throughout the state of California.
Operator certification progresses through 5 levels, with each level requiring a demonstration of increased operational expertise and experience. The required knowledge, skills, and abilities of each certification level are developed based on job analyses conducted by subject matter experts, who are typically water treatment system operators and managers with extensive field experience. There is an ongoing validation process to ensure that examination questions are representative of operator duties and responsibilities, with workshops attended by the subject matter experts to validate existing exam questions and to write new questions.
Alternatives to operator experience: Applicants can use education and relevant work experience as alternatives for required operator experience, although there are limitations that vary by operator certification level, as defined in regulations. Applicants with a Bachelor of Science or Master of Science degree can fulfill operator experience requirements by completing a comprehensive on-the-job operator training program covering a variety of water topics as defined in regulations. Applicants with an Associate degree or certificate in water or wastewater technology or distribution may be used to fulfill a year of operator experience. Applicants with a Bachelor's or Master's degree in engineering or physical, chemical, or biological sciences may be used to fulfill up to 2 years of operator experience. Additionally, lead responsibility for water quality related projects or research can be used on a day-for-day basis to fulfill operator experience requirements.
State Water Board reciprocity certifications: The State Water Board may grant certification through reciprocity to operators who hold a valid water treatment or distribution certificate issued by another state. Applicants must submit several documents, including a water treatment or distribution certificate from another state, certificates of completion for any courses taken with at least 35 contact hours, and, for Grade 3 certification, the utility organization chart with employee names and position, and utility's official job description including duties performed. The State Water Board then compares the applicant's education and experience to that required for certification in California in order to make a determination of equitability. Because trainings and experiences of water treatment and water distribution operators in other states may differ from that in California, a case-by-case review of each applicant's qualifications is necessary for the State Water Board to ensure the "level of skill, knowledge, education, and experience necessary to operate successfully specific classes of water treatment plants or water distribution systems so as to protect public health."
According to the Author:
"Currently in California, military veterans are not able to apply their previous, equivalent experience towards their applications for higher levels of certification. At the same time the demand for qualified operators is increasing due to the high level of expected retirements among the experienced workforce. There are several anecdotal accounts of veterans who have tried to receive credit for their experience from the [State Water Board] and been turned down. Additionally, in our own conversations with the [State Water Board], they shared that military experience is not considered only state drinking water experience. So while they allow military veterans to take exams, they do not receive the certification. They shared that they would need a statutory change to do this."
Arguments in Support:
San Diego County and other water districts state, "The water and wastewater industries are experiencing aging infrastructure and a retiring workforce. Projections of demand for water operators are fueled by a recent industry report noting that thousands of water workers are expected to retire in coming years. The California water industry would have a larger pool of highly skilled individuals if military veterans were offered experience credit toward state or industry certifications. AB 1588 would support our veterans by allowing the application of equivalency standards to credit military experience towards state or industry certifications in the water and wastewater treatment and distribution fields."
Arguments in Opposition:
None on file.
FISCAL COMMENTS:
The Assembly Appropriations Committee estimates the cost of enactment of this bill to be a one-time cost of at least $175,000 for the State Water Board to develop guidelines.
VOTES:
ASM ENVIRONMENTAL SAFETY AND TOXIC MATERIALS: 9-0-0
YES: Quirk, Melendez, Kalra, Bauer-Kahan, Dahle, Cristina Garcia, Holden, Mathis, Muratsuchi
ASM APPROPRIATIONS: 18-0-0
YES: Gonzalez, Bigelow, Bloom, Bonta, Brough, Calderon, Carrillo, Chau, Diep, Eggman, Fong, Gabriel, Eduardo Garcia, Maienschein, Obernolte, Petrie-Norris, Quirk, Robert Rivas
UPDATED:
VERSION: May 8, 2019
CONSULTANT: Pajau Vangay / E.S. & T.M. / (916) 319-3965 FN: 0000557
Date of Hearing: May 16, 2019
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
ABPCA Bill Id:AB 1588
Author:(Gloria) – As Amended Ver:April 2, 2019
Policy Committee: | Environmental Safety and Toxic Materials | Vote: | 9 - 0 |
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Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill requires operators of complex industrial facilities, including members of the military and military service veterans, to receive full equivalent experience and education credit for work and tasks directly related to the operation of water or waste water facilities when applying for certification by the State Water Resources Control Board (State Water Board).
FISCAL EFFECT:
One-time increased State Water Board costs of at least $175,000 to develop guidelines for how to specifically apply military experience to both operator classifications specified in the bill.
COMMENTS:
- Purpose.
This bill, when applying for certification by the board as a water treatment operator, distribution system operator, or wastewater operator, would require operators of complex industrial facilities, including members of the military and military service veterans, to receive full equivalent experience credit and education credit for work and tasks performed that are directly related to the operation of water or wastewater facilities, as specified.
Analysis Prepared by: Jennifer Galehouse / APPR. / (916) 319-2081
Date of Hearing: April 9, 2019
ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS
Bill Quirk, Chair
ABPCA Bill Id:AB 1588 (
Author:Gloria) – As Amended Ver:April 2, 2019
SUBJECT: Drinking water and wastewater operator certification programs
SUMMARY: Requires the State Water Resources Control Board (State Water Board) to issue a water treatment operator certificate or water distribution operator certificate to United States (US) military with comparable qualifications in water or wastewater treatment operations during their military service. Specifically, this bill:
- Adds a comparable qualification issued by another state, the United States, a territory or tribal government designated as the primacy agency by the US Environmental Protection Agency (US EPA), or a unit of any of these, as an acceptable form of reciprocity for a State Water Board issued water treatment certificate and water distribution operator certificate.
- Adds one person who is an active or former member of the US military who is working or who has previously worked in a water or wastewater treatment operations classification within their military service to the State Water Board advisory committee.
- Declares that water and wastewater treatment and operation is a well-established industry with an aging workforce.
- Declares that to encourage water operator advancement and cross-training and to attract skilled workers, California operator certification requirements should recognize a broad range of experience and qualifications, including experience and education gained during active military service.
- Requires that operators of complex industrial facilities, including members of the military and military service veterans, receive full equivalent experience credit and education credit for work and tasks performed that are directly related to the operation of water or wastewater facilities when applying for certification by the State Water Board as a water treatment operator, distribution system operator, or wastewater operator.
- Requires that full equivalent experience credit and education credit is given for work and tasks during military service that is directly related to the operation of water or wastewater when applying for certification.
- Declares that experience credit includes work applicable to work performed by a certified operator in California, which may include, but is not limited to:
- Operation of similar water treatment processes;
- Operation and management of supervisory control and data acquisition (SCADA) systems and automation;
- Troubleshooting equipment failures;
- Management of water quality;
- Operation and maintenance of equipment such as pumps, motors, compressors, chemical feed systems, valves, actuators, and meters; and,
- Calibration of on-line analyzers.
- Requires that military veterans receive education credit translated to the equivalent college semester unit, continuing education units, education points, or any combination of these, for service in military occupational specialties, including, but not limited to, the following:
- United States Air Force Specialty Code: 3E4X1 – Water and Fuel Systems Maintenance;
- United States Army military occupational specialty: 92W Water Treatment Specialist;
- United States Coast Guard Ratings: Damage Controlman, Machinery Technician, or Marine Science Technician;
- United States Navy Rating: Machinist Mate, Machinist Mate (Nuclear), or Utilitiesman; and,
- United States Marines military occupational specialty: 1171 Water Support Technician.
EXISTING LAW:
- Requires the State Water Board to examine and certify persons as to their qualifications to operate water treatment and distribution systems. (Health and Safety Code (HSC) § 106875)
- Authorizes the State Water Board to approve courses of instruction provided by educational institutions, professional associations, public agencies, or private agencies for purposes of qualifying persons for issuance of and renewal of a water treatment operator certificate or water distribution operator certificate. (HSC § 106900)
- Authorizes the State Water Board to adopt rules, regulations, and certification standards, including criteria and standards establishing the level of skill, knowledge, education, and experience necessary to operate successfully specific classes of water treatment plants or water distribution systems so as to protect public health. (HSC § 106910(c)(d))
- Requires the State Water Board to issue a water treatment operator certificate and water distribution operator certificate by reciprocity to any person holding a valid, unexpired, comparable certification issued by another state, the US, a territory or tribal government that has been designated primacy agency by the US EPA. Authorizes the State Water Board to prescribe procedures and requirements for issuing a water treatment operator certificate and water distribution operator certificate by reciprocity by regulations. (HSC § 106897)
- Defines "water treatment plant" as a group or assemblage of structures, equipment, and processes that treats, blends, or conditions the water supply of a public water system. (HSC § 116275(w))
- Defines "water distribution system" as any combination of pipes, tanks, pumps, and other physical features that deliver water from the source or water treatment plant to the consumer. (HSC § 116275(x))
- Defines "operates a water distribution system" as actions or decisions to control the quality or quantity of drinking water in a water distribution system and includes both of the following:
- Supervision of other persons operating a water distribution system; and,
- Any activity designated by the State Water Board, in its regulations to implement the water distribution operator certification program, as an activity that may only be performed by a person with a water distribution operator certificate. (HSC § 106876(d))
- Defines "water treatment operator certificate" and "water distribution operator certificate" as a certificate of competency issued by the State Water Board stating that a person has met the requirements to be certified to operate a water treatment plant or water distribution system, respectively, for a specific classification and grade level. (HSC § 106876(h)(k))
FISCAL EFFECT: Unknown.
COMMENTS:
Need for the bill: According to the author,
"AB 1588 allows military veterans with equivalent water operations technical skillsets to receive appropriate crediting for the experience and education gained during their military service. For example, in states like Washington, Texas, North Carolina, and Pennsylvania there are pathways for military veterans to navigate the civilian water system operator certification process and allow the application of equivalency standards to credit military experiences.
Currently in California, military veterans are not able to apply their previous, equivalent experience towards their applications for higher levels of certification. At the same time the demand for qualified operators is increasing due to the high level of expected retirements among the experienced workforce.
There are several anecdotal accounts of veterans who have tried to receive credit for their experience from the State Water Resources Control Board (SWRCB) and been turned down. Additionally, in our own conversations with the SWRCB, they shared that military experience is not considered only state drinking water experience. So while they allow military veterans to take exams, they do not receive the certification. They shared that they would need a statutory change to do this."
Operation of water treatment and water distribution systems in California: Laws and regulations governing certification of water treatment facility operation were enacted in California in 1971. These established the level at which water treatment facilities should be staffed, the minimum qualifications for testing and criteria for renewal and revocation of operator certificates. All public water systems that have water treatment facilities require certified water treatment operators (HSC § 106885). Water systems that only use disinfection facilities for groundwater, where no Giardia or virus reduction is required, can meet the operator certification requirements with a certified distribution operator (22 California Code of Regulations (CCR) § 63750.85). All community and non-transient non-community public water systems with or without water treatment facilities must have certified distribution operators.
Certified treatment and distribution system operator authorities: To ensure that treatment and distribution of water systems protect public health, the State Water Board requires that critical water system decisions be made by individuals with sufficient qualifications as follows:
Certified distribution operators are the only individuals authorized to make decisions addressing the following operational activities for a water system:
- Install, tap, re-line, disinfect, test and connect water mains and appurtenances;
- Shutdown, repair, disinfect and test broken water mains;
- Oversee the flushing, cleaning, and pigging of existing water mains;
- Pull, reset, rehabilitate, disinfect and test domestic water wells;
- Stand-by emergency response duties for after-hours distribution system operational emergencies; and,
- Drain, clean, disinfect, and maintain distribution reservoirs.
Certified distribution operators or treatment operators with relevant training are authorized to make decisions addressing the following operational activities for a water system:
- Operate pumps and related flow and pressure control and storage facilities manually or by using a SCADA system; and,
- Maintain and/or adjust system flow and pressure requirements, control flows to meet consumer demands including fire flow demands and minimum pressure requirements.
Certified distribution operators or treatment operators are authorized to make decisions addressing the following operational activities for a water system:
- Determine and control proper chemical dosage rates for wellhead disinfection and distribution residual maintenance; and,
- Investigate water quality problems in the distribution system. (22 CCR § 63770)
Drinking Water Operator Certification Program: Water treatment and distribution operator certification is managed by the Drinking Water Operator Certification Program (DWOCP) within the State Water Board (since the transfer of these functions from the California Department of Health in 2014). DWOCP is responsible for the testing and certification of approximately 35,000 water treatment and water distribution operators throughout the state of California.
Operator certification progresses through 5 levels, from T1 to T5 or D1 to D5, with each level requiring a demonstration of increased operational expertise and experience. Each level requires an educational prerequisite and successful passing of an examination based on the knowledge, skills, and abilities set forth in the regulation. Educational pre-requisites include such qualifications as high school diplomas or General Educational Development (GED), and also courses specific to water treatment. From level T3 or D3 upwards, the demonstration of applicable operating experience is also required. Certificates must be renewed every three years, with proof of continuing education required at all levels.
The required knowledge, skills, and abilities of each certification level are developed based on job analyses conducted by subject matter experts, who are typically water treatment system operators and managers with extensive field experience. There is an ongoing validation process to ensure that examination questions are representative of operator duties and responsibilities, with workshops attended by the subject matter experts to validate existing exam questions and to write new questions (Operator Certification Annual Report for State Fiscal Year 2013-2014).
Alternatives to operator experience: Applicants with a Bachelor of Science or Master of Science degree can fulfill operator experience requirements for T3 and T4 operator certification with a comprehensive on-the-job operator training program that is at least 6 months long and covers:
- California Safe Drinking Water Act and regulations promulgated pursuant thereto;
- Water treatment calculations;
- SCADA operation;
- Handling of laboratory chemicals used for drinking water analyses;
- Laboratory analyses conducted by operators;
- Safety training;
- Distribution system operation;
- Treatment chemical dosing and monitoring;
- Disinfectant dosing and monitoring; and,
- Treatment processes and controls.
Applicants with an Associate degree or certificate in water or wastewater technology or distribution including at least 15 units of physical, chemical, or biological science may be used to fulfill 1 year of operator experience for T3-T5 or D3-D5 certifications. Applicants with a Bachelor's or Master's degree in engineering or physical, chemical, or biological sciences may be used to fulfill 1.5 or 2 years of operator experience, respectively, for T3-T5 or D3-D5 operator certifications.
Additionally, lead responsibility for water quality related projects or research can be used on a day-for-day basis to fulfill operator experience requirements for T3 or D3 operator certifications. Experience gained as a certified waste water treatment plant operator may be used to fulfill up to two years of operator experience requirements for T3-T5 operator certifications (two months of waste water treatment experience counts as one month of required operator experience).
State Water Board reciprocity certifications: The State Water Board can grant certification through reciprocity to operators who hold a valid water treatment or water distribution certificate issued by another state (HSC § 106897). Reciprocity is offered for Grades 1-3 for both treatment and distribution. In order to receive certification through reciprocity, applicants must submit an application, application fee, copy of a water treatment or distribution certificate from another state, copies of certificates of completion for any courses taken with at least 35 contact hours, and for Grade 3 certification, a copy of the utility organization chart with employee names and position, and utility's official job description including duties performed. The State Water Board then compares the applicant's education and experience to that required for certification in California in order to make a determination of equitability. Because trainings and experiences of water treatment and water distribution operators in other states may differ from that in California, a case-by-case review of each applicant's qualifications is necessary for the State Water Board to ensure the "level of skill, knowledge, education, and experience necessary to operate successfully specific classes of water treatment plants or water distribution systems so as to protect public health."
Committee suggestions: Historically, California's water quality standards have been more stringent than federal standards, and as a result, the certification requirements for the operation of water treatment and distribution systems in California have evolved accordingly. The State Water Board already has authority to "prescribe procedures and requirements for issuing a water treatment operator certificate and water distribution operator certificate by reciprocity by regulations." Certification by reciprocity is currently approved on a case-by-case basis, after careful consideration of trainings and experiences from other states that may be relevant to California standards. It would be prudent to apply this same approach for training and experience gained during military service, as it is unclear whether there is a one-to-one correspondence of water treatment and distribution operations between all military branches and California. Furthermore, current regulations already outline in detail how higher education, water-related coursework, and other related leadership experience can fulfill operator experience. If necessary, lists of technical occupations or experiences gained during military service are best suited for guidelines or regulations, as codifying in statute means that future updates may result in unnecessary requests for Legislature approval.
As the author continues to refine the technical implementation of AB 1588, the Committee suggests consideration of the following:
- Evaluate whether or not amendments are necessary for wastewater operator certification. While current law does not authorize certification by reciprocity for wastewater operator certification, it does allow the State Water Board to "accept experience in lieu of qualification training" (Water Code (WAT) § 13627(c)). This could be done by removing references to "wastewater" from 106898(a)(9), 106911, and 106912, and amending the appropriate sections of WAT as necessary.
- Authorize the State Water Board to consider relevant military occupational specialty coursework and experience in fulfilling education or operator experience requirements, instead of the approach in 106912(c).
- Consider allowing for full and partial experience or education credit in 106912(a). Current regulations allow certain educational degrees, certificates, or courses to fulfill required operator experience at different rates and capacities depending on operator grade.
Because of the complexity of the problem, the Committee recommends that the author continue to work with the State Water Board on an implementation that (1) expands the State Water Board's authority to consider relevant experience gained during military service and (2) maximizes the use of existing regulations.
Related legislation:
- AB 2890 (Committee on Environmental Safety and Toxic Materials, Chapter 305, Statutes of 2016). Aligns State Water Board programs for wastewater and drinking water treatment operator certifications to improve the efficiency and effectiveness of these programs, which also included establishing the Drinking Water Operator Certification Advisory Committee and allowing operators that hold certification from another state to apply for reciprocity.
- AB 1778 (Nakano, 2002). Would have required criminal background checks for persons responsible for water treatment plans and water distribution systems. Held in the Senate Public Safety Committee.
- SB 1107 (Sher, Chapter 755, Statutes of 1999). Modifies and expands the certification process for operators of drinking water systems to reflect adopted national standards.
REGISTERED SUPPORT / OPPOSITION:
Support
OTAY WATER DISTRICT (COSPONSOR)
AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO
AMERICAN G.I. FORUM OF CALIFORNIA
AMVETS, DEPARTMENT OF CALIFORNIA
CALIFORNIA ASSOCIATION OF COUNTY VETERANS SERVICE OFFICERS
CALIFORNIA ASSOCIATION OF SANITATION AGENCIES
CALIFORNIA STATE COMMANDERS VETERANS COUNCIL
CALIFORNIA WATER ASSOCIATION
EASTERN MUNICIPAL WATER DISTRICT
MESA WATER DISTRICT
OCEANSIDE CHAMBER OF COMMERCE
RURAL COUNTY REPRESENTATIVES OF CALIFORNIA
SAN DIEGO COUNTY WATER AUTHORITY
SAN DIEGO NORTH ECONOMIC DEVELOPMENT COUNCIL
SAN DIEGO REGIONAL EDC
SAN DIEGO VETERANS COALITION
SANTA CLARA VALLEY WATER DISTRICT
SWEETWATER AUTHORITY
TURLOCK IRRIGATION DISTRICT
UNITED VETERANS COUNCIL OF SAN DIEGO COUNTY
VALLEY CENTER MUNICIPAL WATER DISTRICT
VETERANS VILLAGE OF SAN DIEGO
VIETNAM VETERANS OF AMERICA, CALIFORNIA STATE COUNCIL
Opposition
NONE ON FILE.
Analysis Prepared by: Pajau Vangay / E.S. & T.M. /
