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Home My WebLink AboutSWRCB - Notice of Proposed Emergency Rulemaking - Drinking Water Operator Certification Menchaca, Clarissa From: Bennett, Robin Sent: Tuesday, September 12, 2017 9:34 AM To: Menchaca, Clarissa; Hahn, Paul Cc: Raevsky, Cathy Subject: FW: NOTICE OF PROPOSED EMERGENCY RULEMAKING - DRINKING WATER OPERATOR CERTIFICATION Attachments: notice-drinkwater cert-aol-with att a.pdf F'y I 130S ("0 rrespond ell ce from flie C]A SW1303 regarding notice ofdritilking Nvater c(n-ljficatioj) and changes. Robin Hewlett, le, -.xeculive 4sSisian't (530) 8'72-6304,rbenneffL q)blatecountly.net Bivie f ount , Stipervisor'sOflixe Board o 'Sitper,u4sors, District 15) '747 Elliou. .Road Paradise, ("I A 95969 From: lyris@swrcblS.waterboards.ca.gov [mailto:lyris@swrcbl8.waterboards.ca.gov] Sent: Friday, September 8, 2017 3:45 PM To: Bennett, Robin <RBennett@buttecounty.net> Subject: NOTICE OF PROPOSED EMERGENCY RULEMAKING - DRINKING WATER OPERATOR CERTIFICATION This is a message from the State Water Resources, Control Board Attached is a Notice of Proposed Emergency Rulemaking on Drinking Water Operator Certification. T7UL+tky0t4/' Jev,3f 4 t 4 'i Tow n&� C Le4-k/tzT-th&B ovwdl S tatiel W ate4-R wtwcew C&ntmb B ca4-d/ (916) 341 -. 600 ..................... ............ You are currently subscribed to reqs general as: rbennett@buftecounty.net. I To unsubscribe click here: leave-6532739- 5085298.f8efclfel463a520fef6bdOdcldlbOf4(a-)swrcbl8.waterboards.ca.go ^'..•`.',r•"• 'c D.G.11 RUTIN.1R. �� G9'EnNO CALIFORNIA MATTHEW R...... ,<vVEZ Water Boards SEC In,yRY t 111 Fn ,lF ll,lllll.,�,.Rr„El:r„!,I State Water Resources Control Board TITLE 22. SOCIAL SECURITY DIVISION 4. ENVIRONMENTAL HEALTH CHAPTER 13. OPERATOR CERTIFICATION NOTICE OF PROPOSED EMERGENCY RULEMAKING Required Notice of Proposed Emergency Action Government Code section 1'1346.1, subdivision (a)(2) requires that, at least five working days prior to submission of a proposed emergency action to the Office of Administrative Law (OAL), the adopting agency provide a notice of the proposed emergency action to every person who has filed a request for notice of regulatory action with the agency. After submission of the proposed emergency action to the OAL, the OAL shall allow interested persons five calendar days to submit comments on the proposed emergency regulations as set forth in Government Code section 11349.6. The State Water Resources Control Board (State Water Board) is sending this notice out to interested parties via electronic mail for proposed changes to title 22, division 4, chapter 13, amending section 63850 and adding section 63750.50. This notification satisfies the notification requirements of Government Code section 11346.1(a)(2). Proposed Emergency Action Amendments to the Health and Safety Code enacted by chapter 305, statutes of 2016, require the State Water Board to review its fees each fiscal year so that the fee schedules provide the appropriate amount of revenue to recover the costs of the Drinking Water Operator Certification Program (DWOCP) and to compensate for past over-collection or under-collection of revenue. (See Health & Saf. Code, § 106890, subds. (a) & (d).) The amendments also permit the State Water Board to establish reduced certification and certification renewal fees for all applicants holding two or more valid, unexpired certifications issued by the State Water Board as a water treatment operator, distribution operator, or wastewater treatment plant operator. (See Health & Saf. Code, § 106890, subd. (c).) The existing Drinking Water Operator Certification fee schedule in section 63850 of California Code of Regulations, title 22, division 4, chapter 13 (commencing with section 63750.10) (DWOCP Regulations) includes a reduced certification and certification renewal fee for applicants holding both a water treatment operator certificate and a water distribution operator certificate. At its September 19, 2017 meeting, the State Water Board will consider amending this provision to extend the reduced fee to all applicants holding two or more valid, unexpired certifications issued by the State Water Board as a water treatment operator, distribution operator, or wastewater treatment plant operator. The State Water Board also will consider amending the fee schedule in section 63850 of the DWOCP Regulations to update or delete certain provisions that are outdated or no longer in use, consistent with existing practice, and F`c LICIA MARCUS, CHAIR I EIEEEN SOBECK, EXECUTIVE DIRECTOR .......... ......... ............ .................................................................. .................. ._._.._... 5005 1 Streel,Sacramento,GA 95814 � Mailing Address:P.O.Box 100,Sacramento,CA 95812-0100 1 www.wateroeards.ca.gov C.?nErrcu:.n;,nI.R Notice of Proposed Emergency Rulemaking -2- adding section 63750.80 to the DWOCP Regulations to define the term "State Water Board," which is used in section 63850. Proposed Text of Emergency Regulations The proposed text of the emergency regulations is attached. The State Water Board may revise the proposed emergency regulations based on comments received prior to and during its September 19, 2017 Board meeting. The State Water Board is not required to provide any additional public notice prior to adopting revisions to the proposed emergency regulations. Finding of Emergency (Gov. Code, § 11346.1, subd. (b).) Health and Safety Code section 106890, subdivision(d)(2) allows the State Water Board to adopt amendments to the fee schedules through the emergency rulemaking process and provides that the emergency regulation will remain in effect until it is revised by the State Water Board. Authority and Reference (Gov. Code, § 11346.5, subd. (a)(2).) Health and Safety Code sections 106890 and 106910. Informative Digest(Gov. Code, § 11346.5, subd. (a)(3).) The existing fee schedule in section 63850 of the DWOCP Regulations includes a reduced certification and certification renewal fee for applicants holding both a water treatment operator certificate and a water distribution operator certificate. Consistent with Health and Safety Code section 106890, subdivision (c), the State Water Board has amended this provision to extend the reduced fee to all applicants holding two or more valid, unexpired certifications issued by the State Water Board as a water treatment operator, distribution operator, or wastewater treatment plant operator. The State Water Board also has amended the fee schedule in section 63850 of the DWOCP Regulations to update or delete certain provisions that are outdated or no longer in use, consistent with existing practice. In addition, the State Water Board propose to add section 63750.80 to the DWOCP Regulations to define the term "State Water Board,"which is used in section 63850. Policy Statement(Gov. Code, § 11346.5, subd. (a)(3)(C).) The proposed emergency regulations establishing a reduced fee for all applicants holding two or more valid, unexpired certifications issued by the State Water Board as a water treatment operator, distribution operator, or wastewater treatment plant operator will encourage operators to be certified in more than one discipline. This will increase the number of certified operators to operate water treatment plants and water distribution systems. The proposed emergency regulations also would update or delete certain provisions in section 63850 of the DWOCP Regulations that are outdated or no longer in use and add section 63750.80 to the DWOCP Regulations to define the terra "State Water Board," are for consistency and clarification purposes. Consistency Statement(Gov. Code, § 11346.5, surds. (a)(3)(B) and (a)(3)(D).) The proposed emergency regulations do not differ substantially from comparable federal law. The State Water Board has thoroughly evaluated the current DWOCP Regulations and the proposed emergency regulations and determined that the proposed regulations are not inconsistent or incompatible with existing state regulations. Notice of Proposed Emergency Rulemaking -3- Other Matters Prescribed by Statute (Gov. Code, § 11346.5, subd. (a)(4).) No other matters are prescribed by statute or regulation applicable to the State Water Board. Local Mandate (Gov. Code, § 11346.5, subd. (a)(5).) The proposed emergency regulations do not impose a mandate on local agencies or school districts because they do not mandate a new program or a higher level of service of an existing program. The fee schedule applies equally to public and private entities and is not unique to local government. No state reimbursement is required by part 7 (commencing with section 17500) of division 4 of the Government Code. Estimate of Cost or Savings (Gov. Code, § 11346.5, subd. (a)(6).) The proposed emergency regulations will decrease revenue to the Drinking Water Operator Certification Program by approximately $2,000 per fiscal year. There is no cost to any local agency or school district for which reimbursement is required or other nondiscretionary cost or savings imposed on local agencies. There is no cost or savings in federal funding to the state. September 8, 2017 Date Jeani�S Townsend Clerk o the Board ATTACHMENT A Proposed Amendments to the California Code of Regulations Title 22. Social Security Division 4. Environmental Health Chapter 13. Operator Certification PROPOSED AMENDMENTS SEPTEMBER 2017 State Water Resources Control Board Division of Financial Assistance The proposed changes: insertions shown as underline and deletions shown as cfFi4 gh. DRAFT TITLE 22. SOCIAL SECURITY DIVISION 4. ENVIRONMENTAL HEALTH CHAPTER 13. OPERATOR CERTIFICATION Article 1. Definitions 4 63750.80. State Water Board. "State Water Board" means the State Water Resources Control Board. Authority Cited:Sections 106910, Health and Safety Code. Reference: Sections 106910, Health and Safety Code. Article 5. Certification Renewals, Delinquent Renewals and Fees § 63850. Fees. (a) EXGept as pmvidedim subseratieR (e), payment of the fees speGified on this seGtieR shall be money order- kb)-LaLAII fees submitted to the ^e^ State Water Board pursuant to this section are nonrefundable. (G) OpeFatOF fees shall be pwswant to Table 63850 A (b) Application fees for an examination are set forth below in Table 63850-A: Table 63850-A. Operator Examination Fee Schedule Grade Examination Reexamination GertAqatien T ismPi-W Fee{$} Fee 44 Fee (S) Renewal Fee 44 D1 or T1 _$50 30 74 70 D2 or T2 -$65 _$45 tt8 99 D3 or T3 1100 70 449 4W D4 or T4 130 §95 449 449 D5 or T5 1155 $120 449 440 (c) Except as orovided in subdivision (d), certification fees are set forth below in Table 63850-13: Table 63850-B. Fee Schedule for Operators With a Single Certificate Grade Certification Fee Triennial Renewal Fee D1 or T1 70 70 D2 or T2 80 80 D3 or T3 J120 120 D4 or T4 140 140 D5 or T5 140 1140 2 (d) nertifinatign -nd renewal fens snesifierl in Table 4:2-825.0 Ci fgr a-Rr•h nertifinatn Notwithstanding subdivision c the certification fees for those operators who are a12121ying for, or hold, two or more valid, unexpired certifications issued by the State Water Board as a water treatment operator, distribution operator, or wastewater treatment plant operator are set forth below in Table 63850-C: Table 63 9-R 63850-C. Fee Schedule for Operators With Multiple Certificates Grade Certification Fee Triennial Renewal Fee j$} per Certificate per Certificate D1 or T1 155 155 D2 or T2 60 160 D3 or T3 90 190 D4 or T4 1105 1105 D5 or T5 _$105 _$105 fens sneGifierl in this crihcentinn may he noir) by o single GheGk OF mr,ney nrrler.fer ell Tohle R2825.0_G. Interim OpeFatnr l=ee 9Gh8v6li9 94 r, p-n 7-9 go 1)3 420 42Q S4 4-4-9 4.49 95 449 4-49 to 63850(b) is in Table 63850 D. Due P 2001 Va r9d 4 4- $$ 2- 4-09 3 429 4 42-9 {q}LeJA penalty fee of$50 shall be paid for renewals submitted or resubmitted after the renewal due date but at least 45 days prior to the expiration date. A penalty fee of$100 shall be paid for renewals submitted or resubmitted less than 45 days prior to the expiration date but within 1 year after the expiration date. { f-A certificate replacement fee of$25 shall be paid by any certificate holder requesting to have a lost, stolen, or destroyed certificate replaced. Authority Cited: Sections 4002a 106890 and 106910, Health and Safety Code. Reference:Sections 106890 and 106910, Health and Safety Code. 3