California 2017 2017-2018 Regular Session

California Assembly Bill AB1529 Amended / Bill

Filed 07/18/2017

                    Amended IN  Senate  July 18, 2017 Amended IN  Assembly  May 01, 2017 Amended IN  Assembly  April 19, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1529Introduced by Assembly Member ThurmondFebruary 17, 2017 An act to add Section 116812 to the Health and Safety Code, relating to drinking water.LEGISLATIVE COUNSEL'S DIGESTAB 1529, as amended, Thurmond. 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. 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 for cross-connection inspection and testing and backflow prevention device inspection, testing, and maintenance, or until January 1, 2020, whichever comes first. The bill would, under certain conditions, prohibit a water supplier from refusing to recognize statewide certifications certification tests that meet standards set by regulations of the state board.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO Bill TextThe people of the State of California do enact as follows: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 before January 1, 2016, shall be approved California-specific certifications 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 accepted certification tests either until the State Water Resources Control Board promulgates regulations for cross-connection inspection and testing and backflow prevention device inspection, testing, and maintenance, or until January 1, 2020, whichever comes first. For purposes of this subdivision, a certification deemed in writing by the State Department of Public Health to demonstrate competency shall be deemed to have met the requirements of Sections 7583 to 7605, inclusive, of Title 17 of the California Code of Regulations for certification tests.(b) If contractors, building operators, building owners, or property owners are required by the authority having jurisdiction to employ, contract with, or subcontract with a certified backflow prevention device tester or a certified cross-connection control specialist to receive water service, for devices located on the customers side of a public water meter or on the customers side of a public water connection, the water supplier shall not refuse to recognize statewide certifications certification tests that meet the standards set by regulations of the State Water Resources Control Board. Nothing The customers 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.

 Amended IN  Senate  July 18, 2017 Amended IN  Assembly  May 01, 2017 Amended IN  Assembly  April 19, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1529Introduced by Assembly Member ThurmondFebruary 17, 2017 An act to add Section 116812 to the Health and Safety Code, relating to drinking water.LEGISLATIVE COUNSEL'S DIGESTAB 1529, as amended, Thurmond. 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. 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 for cross-connection inspection and testing and backflow prevention device inspection, testing, and maintenance, or until January 1, 2020, whichever comes first. The bill would, under certain conditions, prohibit a water supplier from refusing to recognize statewide certifications certification tests that meet standards set by regulations of the state board.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO 

 Amended IN  Senate  July 18, 2017 Amended IN  Assembly  May 01, 2017 Amended IN  Assembly  April 19, 2017

Amended IN  Senate  July 18, 2017
Amended IN  Assembly  May 01, 2017
Amended IN  Assembly  April 19, 2017

 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION

Assembly Bill No. 1529

Introduced by Assembly Member ThurmondFebruary 17, 2017

Introduced by Assembly Member Thurmond
February 17, 2017

 An act to add Section 116812 to the Health and Safety Code, relating to drinking water.

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 1529, as amended, Thurmond. 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. 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 for cross-connection inspection and testing and backflow prevention device inspection, testing, and maintenance, or until January 1, 2020, whichever comes first. The bill would, under certain conditions, prohibit a water supplier from refusing to recognize statewide certifications certification tests that meet standards set by regulations of the state board.

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. 

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 for cross-connection inspection and testing and backflow prevention device inspection, testing, and maintenance, or until January 1, 2020, whichever comes first. The bill would, under certain conditions, prohibit a water supplier from refusing to recognize statewide certifications certification tests that meet standards set by regulations of the state board.

## Digest Key

## Bill Text

The people of the State of California do enact as follows: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 before January 1, 2016, shall be approved California-specific certifications 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 accepted certification tests either until the State Water Resources Control Board promulgates regulations for cross-connection inspection and testing and backflow prevention device inspection, testing, and maintenance, or until January 1, 2020, whichever comes first. For purposes of this subdivision, a certification deemed in writing by the State Department of Public Health to demonstrate competency shall be deemed to have met the requirements of Sections 7583 to 7605, inclusive, of Title 17 of the California Code of Regulations for certification tests.(b) If contractors, building operators, building owners, or property owners are required by the authority having jurisdiction to employ, contract with, or subcontract with a certified backflow prevention device tester or a certified cross-connection control specialist to receive water service, for devices located on the customers side of a public water meter or on the customers side of a public water connection, the water supplier shall not refuse to recognize statewide certifications certification tests that meet the standards set by regulations of the State Water Resources Control Board. Nothing The customers 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.

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

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

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 before January 1, 2016, shall be approved California-specific certifications 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 accepted certification tests either until the State Water Resources Control Board promulgates regulations for cross-connection inspection and testing and backflow prevention device inspection, testing, and maintenance, or until January 1, 2020, whichever comes first. For purposes of this subdivision, a certification deemed in writing by the State Department of Public Health to demonstrate competency shall be deemed to have met the requirements of Sections 7583 to 7605, inclusive, of Title 17 of the California Code of Regulations for certification tests.(b) If contractors, building operators, building owners, or property owners are required by the authority having jurisdiction to employ, contract with, or subcontract with a certified backflow prevention device tester or a certified cross-connection control specialist to receive water service, for devices located on the customers side of a public water meter or on the customers side of a public water connection, the water supplier shall not refuse to recognize statewide certifications certification tests that meet the standards set by regulations of the State Water Resources Control Board. Nothing The customers 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.

SECTION 1. Section 116812 is added to the Health and Safety Code, to read:

### SECTION 1.

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 before January 1, 2016, shall be approved California-specific certifications 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 accepted certification tests either until the State Water Resources Control Board promulgates regulations for cross-connection inspection and testing and backflow prevention device inspection, testing, and maintenance, or until January 1, 2020, whichever comes first. For purposes of this subdivision, a certification deemed in writing by the State Department of Public Health to demonstrate competency shall be deemed to have met the requirements of Sections 7583 to 7605, inclusive, of Title 17 of the California Code of Regulations for certification tests.(b) If contractors, building operators, building owners, or property owners are required by the authority having jurisdiction to employ, contract with, or subcontract with a certified backflow prevention device tester or a certified cross-connection control specialist to receive water service, for devices located on the customers side of a public water meter or on the customers side of a public water connection, the water supplier shall not refuse to recognize statewide certifications certification tests that meet the standards set by regulations of the State Water Resources Control Board. Nothing The customers 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.

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 before January 1, 2016, shall be approved California-specific certifications 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 accepted certification tests either until the State Water Resources Control Board promulgates regulations for cross-connection inspection and testing and backflow prevention device inspection, testing, and maintenance, or until January 1, 2020, whichever comes first. For purposes of this subdivision, a certification deemed in writing by the State Department of Public Health to demonstrate competency shall be deemed to have met the requirements of Sections 7583 to 7605, inclusive, of Title 17 of the California Code of Regulations for certification tests.(b) If contractors, building operators, building owners, or property owners are required by the authority having jurisdiction to employ, contract with, or subcontract with a certified backflow prevention device tester or a certified cross-connection control specialist to receive water service, for devices located on the customers side of a public water meter or on the customers side of a public water connection, the water supplier shall not refuse to recognize statewide certifications certification tests that meet the standards set by regulations of the State Water Resources Control Board. Nothing The customers 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.

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 before January 1, 2016, shall be approved California-specific certifications 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 accepted certification tests either until the State Water Resources Control Board promulgates regulations for cross-connection inspection and testing and backflow prevention device inspection, testing, and maintenance, or until January 1, 2020, whichever comes first. For purposes of this subdivision, a certification deemed in writing by the State Department of Public Health to demonstrate competency shall be deemed to have met the requirements of Sections 7583 to 7605, inclusive, of Title 17 of the California Code of Regulations for certification tests.(b) If contractors, building operators, building owners, or property owners are required by the authority having jurisdiction to employ, contract with, or subcontract with a certified backflow prevention device tester or a certified cross-connection control specialist to receive water service, for devices located on the customers side of a public water meter or on the customers side of a public water connection, the water supplier shall not refuse to recognize statewide certifications certification tests that meet the standards set by regulations of the State Water Resources Control Board. Nothing The customers 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.



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 before January 1, 2016, shall be approved California-specific certifications 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 accepted certification tests either until the State Water Resources Control Board promulgates regulations for cross-connection inspection and testing and backflow prevention device inspection, testing, and maintenance, or until January 1, 2020, whichever comes first. For purposes of this subdivision, a certification deemed in writing by the State Department of Public Health to demonstrate competency shall be deemed to have met the requirements of Sections 7583 to 7605, inclusive, of Title 17 of the California Code of Regulations for certification tests.

(b) If contractors, building operators, building owners, or property owners are required by the authority having jurisdiction to employ, contract with, or subcontract with a certified backflow prevention device tester or a certified cross-connection control specialist to receive water service, for devices located on the customers side of a public water meter or on the customers side of a public water connection, the water supplier shall not refuse to recognize statewide certifications certification tests that meet the standards set by regulations of the State Water Resources Control Board. Nothing The customers 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.