This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0023e.ISC
DATE: 3/28/2023
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/HB 23 Water and Wastewater Facility Operators
SPONSOR(S): Infrastructure Strategies Committee, Water Quality, Supply & Treatment Subcommittee, Bell
and others
TIED BILLS: IDEN./SIM. BILLS: CS/SB 162
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Water Quality, Supply & Treatment
Subcommittee
17 Y, 0 N, As CS Curtin Curtin
2) Agriculture & Natural Resources Appropriations
Subcommittee
14 Y, 0 N Byrd Pigott
3) Infrastructure Strategies Committee 22 Y, 0 N, As CS Curtin Harrington
SUMMARY ANALYSIS
The Department of Environmental Protection (DEP) is the primary regulator of public water systems in Florida.
DEP derives its authority from the Florida Safe Water Drinking Act and has been delegated authority from the
U.S. Environmental Protection Agency to implement the federal Safe Drinking Water Act. Anyone who
operates a water treatment plant, a water distribution system, or a domestic wastewater treatment plant must
hold a current license issued by DEP.
In order to be licensed as an operator of a water treatment plant, a water distribution system, or a domestic
wastewater treatment plant, a person must apply to DEP to take the licensure examination, submit a competed
application and the required fee, pass the examination, and meet certain other criteria. Florida does not
authorize reciprocity for operators licensed in other states or jurisdictions.
The bill:
Requires DEP to issue reciprocal licenses to water utility workers licensed in other jurisdictions who
meet certain criteria;
Requires DEP to issue reciprocal licenses to applicants who performed duties comparable to those of
water utility workers while serving in the United States Armed Forces who meet certain criteria;
Requires DEP to award education and operational experience credits to applicants who performed
duties comparable to those of water utility workers while serving in the United States Armed Forces
who do not otherwise meet the requirements for reciprocal licensure;
Authorizes DEP, during a declared state of emergency, to issue a temporary reciprocal license to
applicants who otherwise meet the criteria for reciprocal licensure;
Requires DEP to waive the application fee for a temporary reciprocal license issued during a declared
state of emergency; and
Requires DEP to adopt rules to implement s. 403.8721, F.S.
The bill will have an insignificant negative fiscal impact on state government that can be absorbed within
existing resources.
STORAGE NAME: h0023e.ISC PAGE: 2
DATE: 3/28/2023
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
The Department of Environmental Protection (DEP) is the primary regulator of public water systems in
Florida.
1
DEP derives its authority from the Florida Safe Drinking Water Act (Act)
2
and has been
delegated authority from the U.S. Environmental Protection Agency to implement the federal Safe
Drinking Water Act.
3
Anyone who operates a water treatment plant, a water distribution system, or a domestic wastewater
treatment plant must hold a current license issued by DEP.
4
A water treatment plant collects, treats,
and stores water for human consumption,
5
a water distribution system conveys water for human
consumption,
6
and a domestic wastewater treatment plant treats, stabilizes, or holds domestic waste.
7
An operator is any person who is onsite and in charge of the actual operation of such plants or
systems.
8
Water Treatment Facilities
A public water system is one that provides water to 25 or more people for at least 60 days each year or
serves 15 or more service connections.
9
These public water systems may be publicly or privately
owned and operated.
10
Wastewater Treatment Facilities
DEP regulates over 4,100 active wastewater facilities.
11
Approximately 2,100 of these facilities are
classified as industrial and approximately 2,000 as domestic wastewater.
12
Licensure Requirements
In order to be licensed as an operator of a water treatment plant, a water distribution system, or a
domestic wastewater treatment plant, a person must apply to DEP to take the licensure examination
and submit the required fee
13
, submit a completed application for licensure and the required fee,
14
and
meet certain other criteria, including having a high school diploma or its equivalent, successfully
completing a training course approved by DEP, and possessing onsite operational experience.
15
DEP
is required to issue a license to any applicant who passes the examination and meets the other criteria
for licensure.
16
1
S. 403.852(1), F.S.
2
Ss. 403.850-403.892, F.S.
3
Department of Environmental Protection (DEP), Source & Drinking Water Program, https://floridadep.gov/water/source-drinking-
water (last visited Mar. 28, 2023).
4
S. 403.867, F.S.
5
S. 403.866(6), F.S.
6
S. 403.866(5), F.S.
7
S. 403.866(2), F.S.
8
S. 403.866(3), F.S.
9
DEP, supra note 3.
10
Id.
11
DEP, General Facts and Statistics About Wastewater in Florida, (last updated April 20, 2022)
https://floridadep.gov/water/domestic-wastewater/content/general-facts-and-statistics-about-wastewater-florida (last visited Mar, 28,
2023).
12
Id.
13
Individuals must submit $25.00 at the time they submit their application to take the licensure examination. Rule 62-602.600(1),
F.A.C.
14
Individuals applying for a Class A, Class B, or Class C Treatment Plant Operator license must submit $50.00 at the time they submit
their application for licensure, and individuals applying for a Class D Treatment Plant Operator license or a Water Distribution System
Operator license must submit $25.00 at the time they submit their application for licensure. Rule 62-602.600(2), F.A.C.
15
S. 403.872(1)-(2), (4), F.S.; Rule 62-602.300, F.A.C.
16
S. 403.872(3), F.S. STORAGE NAME: h0023e.ISC PAGE: 3
DATE: 3/28/2023
Florida does not offer reciprocal licensure to individuals who are licensed in other states or jurisdictions
to operate water treatment plants, water distribution systems, or domestic wastewater facilities. Florida
is one of two states that do not allow reciprocal licensure for operators of water treatment plants or
water distribution systems.
17
In addition, Florida is the only state that does not offer reciprocal licensure
to operators of domestic wastewater facilities.
18
Effect of the Bill
This bill revises legislative findings in the Florida Safe Drinking Water Act
19
to specify that water and
wastewater services are essential to the health and wellbeing of all citizens and that water and
wastewater facility personnel are essential first responders. The bill defines the term water and
wastewater facility personnel.
The bill requires DEP to issue a reciprocal license to water treatment plant operators, water distribution
system operators, or domestic wastewater treatment plant operators who, at a minimum:
hold an active and valid license from another jurisdiction with licensure requirements, including
education and operational experience, that are comparable to or exceed Florida’s licensure
requirements;
have passed a licensure examination comparable to the licensure examination of DEP, subject
to approval by DEP;
are not the subject of a disciplinary or enforcement action in another jurisdiction at the time of
application for reciprocal licensure;
submit a completed application for reciprocal licensure and any required supporting
documentation; and
remit the application fee.
The bill requires DEP to issue a reciprocal license to applicants who:
have performed duties comparable to those of a water treatment plant operator, water
distribution system operator, or domestic wastewater treatment plant operator while serving in
the United States Armed Forces for which the requirements for performing the duties, including
education and operational experience, are comparable to or exceed Florida’s licensure
requirements;
have passed a skill assessment or competency examination comparable the licensure
examination of DEP, subject to approval by DEP;
are not the subject of a disciplinary or enforcement action at the time of application for
reciprocal licensure;
submit a completed application for reciprocal licensure and any required supporting
documentation; and
remit the application fee.
The bill further requires DEP to award education and operational experience credits to applicants who
performed duties comparable to those of an operator while serving in the United States Armed Forces
who do not otherwise meet the requirements for reciprocal licensure.
The bill authorizes DEP, during a declared state of emergency, to issue a temporary reciprocal water
treatment plant operator license, water distribution system operator license, or domestic wastewater
treatment plant operator license to individuals who meet the requirements s. 403.8721(1) or (2), F.S.
The bill also requires DEP to waive the application fee for temporary reciprocal licenses issued during a
declared state of emergency.
17
Jeff Oxenford and Jim Ginley, Operator Licensing Requirements Across the United States, American Water Works
Ass’n, (Feb. 2018), at 84; Okla. Stat. tit. 59 § 1107A.2. (2022); email from Owen Laswell, Public Information Officer II,
Nebraska Dep’t of Env’t and Energy, RE: Nebraska reciprocity inquiry (Feb. 15, 2023).
18
Jeff Oxenford and Jim Ginley, Operator Licensing Requirements Across the United States, American Water Works
Ass’n, (Feb. 2018), at 66; Neb. Rev. Stat. § 81-15, 140 (2022).
19
Ss. 403.850-403.892, F.S. STORAGE NAME: h0023e.ISC PAGE: 4
DATE: 3/28/2023
The bill requires DEP to adopt rules to implement s. 403.8721, F.S.
B. SECTION DIRECTORY:
Section 1. Amends s. 403.865, F.S., related to water and wastewater facility personnel.
Section 2. Amends s. 403.867, F.S., to conform a provision.
Section 3. Creates s. 403.8721, F.S., related to requirements for licensure by reciprocity.
Section 4. Provides an effective date of July 1, 2023.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
The bill may have an insignificant negative fiscal impact on state government because the bill
requires DEP to waive the application fee for a temporary reciprocal license issued during a
declared state of emergency.
2. Expenditures:
The bill may have a negative fiscal impact on DEP related to reviewing the licensure examinations
of other jurisdictions and determining whether those examinations are comparable to DEP’s
licensure examination. DEP estimates year one non-recurring expenses of $11,000 for equipment
and $184,000 in recurring operating expenses associated with an additional two (2) full-time
equivalent positions to operate the program. A review of DEP’s vacant positions shows there are
sufficient existing vacancies from which resources can be redirected to implement the provisions of
this bill.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditure of funds; reduce the authority that counties or municipalities have to
raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
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DATE: 3/28/2023
2. Other:
None.
B. RULE-MAKING AUTHORITY:
The bill requires DEP to adopt rules to implement s. 403.8721, F.S. DEP appears to have sufficient
rulemaking authority to adopt the rules required by the bill.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
On February 22, 2023, the Water Quality, Supply & Treatment Subcommittee considered one amendment,
which was adopted, and reported the bill favorably as a committee substitute. The amendment defines the
term drinking water and wastewater personnel, and requires DEP to adopt rules to implement s. 403.8721,
F.S.
On March 27, 2023, the Infrastructure Strategies Committee considered one amendment, which was
adopted, and reported the bill favorably as a committee substitute. The amendment defines the term water
and wastewater facility personnel.
The staff analysis has been updated to reflect the committee substitute.