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AB-1529 Drinking water: cross-connection or backflow prevention device inspectors: certification.(2017-2018)

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Date Published: 08/15/2018 04:00 AM
AB1529:v93#DOCUMENT

Amended  IN  Senate  August 14, 2018
Amended  IN  Senate  September 08, 2017
Amended  IN  Senate  September 07, 2017
Amended  IN  Senate  July 18, 2017
Amended  IN  Assembly  May 01, 2017
Amended  IN  Assembly  April 19, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1529


Introduced by Assembly Members Thurmond and Caballero

February 17, 2017


An act to amend Section 116810 of, and to add Sections 116555.5, 116801, and Section 116812 to, to the Health and Safety Code, relating to drinking water.


LEGISLATIVE COUNSEL'S DIGEST


AB 1529, as amended, Thurmond. Cross-connection control and backflow protection. Drinking water: cross-connection or backflow prevention device inspectors: certification.
Existing law, the California Safe Drinking Water Act, requires the State Water Resources Control Board to administer provisions relating to the regulation of drinking water to protect public health, including, but not limited to, conducting research, studies, and demonstration projects relating to the provision of a dependable, safe supply of drinking water, enforcing the federal Safe Drinking Water Act, adopting regulations, and conducting studies and investigations to assess the quality of private domestic water wells.
Existing law requires any person who owns a public water system to ensure that the system does certain things, including, but not limited to, that it will not be subject to backflow under normal operating conditions. Existing law, to ensure that testing and maintenance of backflow prevention devices are performed by persons qualified to do testing and maintenance, authorizes local health officers to maintain programs for certification of backflow prevention device testers and requires the certification program to be consistent with backflow protection regulations adopted by the state board. A violation of these provisions, or of an order by a local health officer pursuant to these provisions, is a misdemeanor.

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

This bill would require

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

The

This bill would require valid and current certifications for cross-connection inspection and testing or backflow prevention device inspection, testing, and maintenance that were determined by the State Department of Public Health to demonstrate competency before January 1, 2016, to be approved California-specific certifications meet specified requirements for competency to be accepted certification tests either until the state board promulgates regulations standards for certified backflow prevention device testers and cross-connection control specialists, or until January 1, 2020, whichever comes first. The bill would, under certain conditions, prohibit a water supplier from refusing to recognize statewide certifications that meet standards set by regulations of the state board. Because a violation of that prohibition would be a crime, the bill would impose a state-mandated local program by creating a new crime.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NOYES  

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


SECTION 1.Section 116555.5 is added to the Health and Safety Code, to read:
116555.5.

A public water system shall implement a cross-connection control program that complies with applicable regulations and with standards adopted by the board pursuant to Section 116801.

SEC. 2.Section 116801 is added to the Health and Safety Code, to read:
116801.

(a)On or before January 1, 2020, the State Water Resources Control Board shall update its backflow protection device and cross-connection control regulations and shall set forth uniform, statewide standards for the certification of backflow prevention device testers and cross-connection control specialists. In developing these regulations, the State Water Resources Control Board shall seek consistency with California Building Standards Code requirements and shall incorporate applicable national specifications, published standards, or model code language, where appropriate.

(b)The State Water Resources Control Board shall encourage certifications that are integrated with state-approved apprenticeship programs, workforce development programs, and community college training programs. A person who maintains a program for certification of backflow prevention device testers or cross-connection control specialists that is integrated with state-approved apprenticeship programs, workforce development programs, or community college training programs may request a determination by the State Water Resources Control Board that the certification meets the standards set forth pursuant to subdivision (a).

SEC. 3.Section 116810 of the Health and Safety Code is amended to read:
116810.

To ensure that testing and maintenance of backflow prevention devices are performed by persons qualified to do testing and maintenance, local health officers may maintain programs for certification of backflow prevention device 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 device 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 certification standards shall be consistent with the backflow protection regulations adopted by the State Water Resources Control Board.

SEC. 4.SECTION 1.

 Section 116812 is added to the Health and Safety Code, to read:

116812.
 (a) Valid and current certifications for cross-connection inspection and testing or backflow prevention device inspection, testing, and maintenance that were determined by the State Department of Public Health to demonstrate competency in cross-connection inspection and testing or backflow prevention device inspection, testing, and maintenance that meet the requirements for competency, as provided in Sections 7583 to 7605, inclusive, of Title 17 of the California Code of Regulations, before January 1, 2016, shall be approved California-specific certifications accepted certification tests either until the State Water Resources Control Board promulgates regulations standards pursuant to Section 116407 for certified backflow prevention device testers and cross-connection control specialists, or until January 1, 2020, whichever comes first.
(b) If contractors, building operators, building owners, or property owners are required to employ, contract with, or subcontract with a certified backflow prevention device tester or a certified cross-connection control specialist to receive water service, then for devices located on the customer’s side of a public water meter or on the customer’s side of a public water connection, the water supplier shall not refuse to recognize statewide certifications that meet the standards set by regulations of the State Water Resources Control Board. The customer’s side of a public water connection shall include any devices, piping, or equipment for which the customer is responsible for testing, maintenance, or repair costs.
(c) Nothing in this section prohibits an agency, water supplier, or regulated public utility from rejecting the adequacy of a specific cross-connection or backflow prevention device inspection, test, or maintenance activity for reasons other than the identity of the certification provider.

SEC. 2.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.