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AB-1671 Backflow protection and cross-connection controls: regulations.(2017-2018)

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Date Published: 04/19/2017 09:00 PM
AB1671:v97#DOCUMENT

Amended  IN  Assembly  April 19, 2017
Amended  IN  Assembly  March 28, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1671


Introduced by Assembly Member Caballero

February 17, 2017


An act to amend Section 116810 of, and to add Section 116801 to, to the Health and Safety Code, relating to drinking water.


LEGISLATIVE COUNSEL'S DIGEST


AB 1671, as amended, Caballero. Backflow prevention assemblies. protection and cross-connection controls: regulations.
Existing law, the California Safe Drinking Water Act, requires the State Water Resources Control Board to administer provisions relating to the regulation of drinking water to protect public health, including, but not limited to, conducting research, studies, and demonstration projects relating to the provision of a dependable, safe supply of drinking water, enforcing the federal Safe Drinking Water Act, adopting regulations, and conducting studies and investigations to assess the quality of private domestic water wells.
Existing law requires any person who owns a public water system to ensure that the system does certain things, including, but not limited to, that it will not be subject to backflow under normal operating conditions. Existing law, to ensure that testing and maintenance of backflow prevention devices are performed by persons qualified to do testing and maintenance, authorizes local health officers to maintain programs for certification of backflow prevention device testers and requires the certification program to be consistent with backflow protection regulations adopted by the state board. A violation of these provisions, or an order by a local health officer pursuant to these provisions, is a misdemeanor.
Existing regulations establish standards for a backflow prevention device.
This bill, on or before January 1, 2020, would require the state board to update its backflow protection regulations and to adopt regulations establishing the minimum standards for a backflow prevention assembly tester for purposes of a California-specific certification by a local health official. The bill would require a certification program that is determined by the state board to demonstrate competency in cross-connection control and backflow prevention assembly testing to be approved for statewide certification unless approval is rescinded by the state board. The bill would require the state board to approve a certification program from an independent 3rd party program provider if the program satisfies the minimum standards for a backflow prevention assembly tester. and cross-connection control regulations.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 116801 is added to the Health and Safety Code, to read:

116801.
 On or before January 1, 2020, the state board shall update its backflow protection and cross-connection control regulations.

SEC. 2.Section 116810 of the Health and Safety Code is amended to read:
116810.

(a)(1)To ensure that testing and maintenance of backflow prevention assemblies are performed by persons qualified to do testing and maintenance, local health officers may maintain programs for certification of backflow prevention assembly testers. The local health officer may suspend, revoke, or refuse to renew the certificate of a tester, if, after a hearing before the local health officer or his or her designee, the local health officer or his or her designee finds that the tester has practiced fraud or deception or has displayed gross negligence or misconduct in the performance of his or her duties as a certified backflow prevention assembly tester. The local health officer may collect fees from certified testers to offset the cost of the certification program provided pursuant to this section. The local health officer’s certification standards shall be no less stringent than the backflow protection regulations adopted by the State Water Resources Control Board.

(2)A backflow prevention assembly tester’s certification program shall be consistent with the regulations adopted pursuant to subdivision (b). A certification program that is determined by the State Water Resources Control Board to demonstrate competency in cross-connection control and backflow prevention assembly testing shall be approved for statewide certification unless and until approval of the certification program is rescinded by the State Water Resources Control Board.

(b)On or before January 1, 2020, the State Water Resources Control Board shall adopt regulations establishing the minimum standards for a backflow prevention assembly tester for purposes of a California-specific certification by a local health official under this article. The State Water Resources Control Board shall approve a certification program from an independent third-party program provider if the program satisfies the minimum standards established pursuant to this subdivision.