Bill Text: CA AB1173 | 2015-2016 | Regular Session | Amended

California Assembly Bill 1173 (Prior Session Legislation)

Bill Title: Water equipment: backflow prevention devices testing: certification.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2016-11-30 - From committee: Without further action pursuant to Joint Rule 62(a). [AB1173 Detail]

Download: California-2015-AB1173-Amended.html

BILL NUMBER: AB 1173	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 26, 2015

INTRODUCED BY   Assembly Member Williams

                        FEBRUARY 27, 2015

   An act to amend Section  116805   116810
 of the Health and Safety Code, relating to drinking water.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1173, as amended, Williams. Water equipment: backflow 
protection programs.   prevention devices testing:
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 programs relating to the provision of a dependable,
safe supply of drinking water, enforcing the federal Safe Drinking
Water Act, adoption of enforcement regulations, and conducting
studies and investigations to assess the quality of water in domestic
water supplies.  
   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. A violation of these provisions, or an
order by a local health officer pursuant to these provisions, is a
misdemeanor.  
   This bill would require, if a local health officer does not
maintain a program for certification of backflow prevention device
testers, the testing and maintenance of a backflow prevention device
be performed by a person who has received a California-specific
certification for testing backflow prevention devices from one of
specified entities or a similar certification provider deemed
acceptable by the state board or the local health officer. Because a
violation of these requirements would be a crime, this bill would
impose a state-mandated local program.  
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that no reimbursement is required by this
act for a specified reason.  
   Existing law authorizes local health officials to maintain
programs, in cooperation with water suppliers, to protect against
backflow through service connections into the public water supply
system, and, with the consent of the water supplier, to collect fees
from the water supplier to offset the costs of implementing these
programs. Existing law requires that these programs be conducted in
accordance with backflow protection regulations adopted by the State
Water Resources Control Board.  
   This bill would make a nonsubstantive change by updating a
reference from the State Department of Public Health to the State
Water Resources Control Board. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 116810 of the   Health
and Safety Code   is amended to read: 
   116810.   (a)    To  assure 
 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 
department.   State Water Resources Control Board. 

   (b) If a local health officer does not maintain a local
certification program pursuant to subdivision (a), testing and
maintenance of a backflow prevention device shall be performed by a
person who has received a California-specific certification for
testing backflow prevention devices by the California-Nevada Section
of the American Water Works Association (AWAA), American Society of
Sanitary Engineering (ASSE) International, American Backflow
Prevention Association (ABPA), or other similar certification
provider deemed acceptable by the State Water Resources Control Board
or the local health officer. 
   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.  
  SECTION 1.    Section 116805 of the Health and
Safety Code is amended to read:
   116805.  (a)  Local health officers may maintain programs, in
cooperation with water suppliers, to protect against backflow through
service connections into the public water supply, and, with the
consent of the water supplier, may collect fees from the water
supplier to offset the costs of implementing these programs.
   (b)  The fees authorized under this section and under Section
116800 shall be limited to the costs of administering these programs.
At the discretion of the water supplier, the fees collected from the
water supplier by the local health officer may be passed through to
water users.
   (c)  Programs authorized under this section and Section 116800
shall be conducted in accordance with backflow protection regulations
adopted by the State Water Resources Control Board.
   (d)  Nothing in this article shall prevent a water supplier from
directly charging those water users required to install backflow
prevention devices for the costs of the programs authorized in this
section and Section 116800.