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S1279aa,aaH...........................................by HEALTH AND WELFARE DRINKING WATER/WASTEWATER SYSTEMS - Adds to existing law to provide a declaration of policy; to require licensing of certain operating personnel for public drinking water systems and public wastewater systems and for persons performing backflow assembly testing or inspection; to provide exemptions to specified license requirements; to provide for the Board of Drinking Water and Wastewater Professionals; to provide for licensing by the Bureau of Occupational Licenses; to provide for the submission and review of applications for licensure; to provide license categories; to provide for endorsement and licensure of persons licensed in other states, provided certain qualifications are met; to provide requirements for the annual renewal, revocation and suspension of licenses; to provide procedures for disciplinary proceedings; to provide for violations and penalties; to provide for duties of prosecuting attorneys and the Attorney General; and to include the Board of Drinking Water and Wastewater Professionals in the Department of Self-Governing Agencies. 02/05 Senate intro - 1st rdg - to printing 02/06 Rpt prt - to Health/Wel 02/13 Rpt out - to 14th Ord 02/19 Rpt out amen - to engros 02/20 Rpt engros - 1st rdg - to 2nd rdg as amen 02/23 2nd rdg - to 3rd rdg as amen 02/26 3rd rdg as amen - PASSED - 28-0-7 AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw, Calabretta, Cameron, Compton, Darrington, Geddes, Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie, McWilliams, Noble, Noh, Richardson, Schroeder, Stegner, Stennett NAYS -- None Absent and excused -- Davis, Gannon, Pearce, Sorensen, Sweet, Werk, Williams Floor Sponsor - Brandt Title apvd - to House 02/27 House intro - 1st rdg - to Env Aff 03/03 Rpt out - rec d/p - to 2nd rdg To Gen Ord 03/08 Rpt out amen - to 1st rdg as amen 03/09 1st rdg - to 2nd rdg as amen 03/10 2nd rdg - to 3rd rdg as amen 03/11 3rd rdg as amen - PASSED - 66-0-4 AYES -- Andersen, Barraclough, Barrett, Bauer, Bayer, Bell, Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Lake, Langford, Langhorst, Martinez, McGeachin, McKague, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24), Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker NAYS -- None Absent and excused -- Bedke, Kulczyk, Robison, Smylie Floor Sponsor - Edmunson Title apvd - to Senate 03/12 To 10th Ord 03/15 Senate concurred in House amens - to engros 03/16 Rpt engros - 1st rdg - to 2nd rdg as amen 03/17 2nd rdg - to 3rd rdg as amen 03/18 3rd rdg as amen - PASSED - 35-0-0 AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw, Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes, Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie, McWilliams, Noble, Noh, Pearce, Richardson, Schroeder, Sorensen, Stegner, Stennett, Sweet, Werk, Williams NAYS -- None Absent and excused -- None Floor Sponsor - Brandt Title apvd - to enrol 03/19 Rpt enrol - Pres signed - Sp signed 03/22 To Governor 03/24 Governor signed Session Law Chapter 335 Effective: 03/24/04
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-seventh Legislature Second Regular Session - 2004IN THE SENATE SENATE BILL NO. 1279 BY HEALTH AND WELFARE COMMITTEE 1 AN ACT 2 RELATING TO DRINKING WATER AND WASTEWATER; AMENDING TITLE 54, IDAHO CODE, BY 3 THE ADDITION OF A NEW CHAPTER 24, TITLE 54, IDAHO CODE, TO PROVIDE A SHORT 4 TITLE, TO PROVIDE A DECLARATION OF POLICY, TO REQUIRE LICENSING OF CERTAIN 5 OPERATING PERSONNEL FOR PUBLIC DRINKING WATER SYSTEMS, PUBLIC WASTEWATER 6 SYSTEMS AND PERSONS PERFORMING BACKFLOW ASSEMBLY TESTING OR INSPECTION, TO 7 PROHIBIT SPECIFIED CONDUCT, TO PROHIBIT THE TRANSFER OF LICENSES, TO 8 DEFINE TERMS, TO PROVIDE FOR THE BOARD OF DRINKING WATER AND WASTEWATER 9 PROFESSIONALS, TO PROVIDE FOR QUALIFICATIONS AND APPOINTMENT, TO PROVIDE 10 FOR TERMS, TO PROVIDE FOR REMOVAL, TO PROVIDE FOR BOARD PROCEDURES, TO 11 PROVIDE FOR THE PAYMENT OF EXPENSES OF BOARD MEMBERS, TO PROVIDE FOR 12 POWERS AND DUTIES OF THE BOARD, TO PROVIDE FOR FEES, TO PROVIDE FOR THE 13 PAYMENT OF COSTS AND EXPENSES, TO PROVIDE FOR LICENSING BY THE BUREAU OF 14 OCCUPATIONAL LICENSES, TO PROVIDE FOR LICENSES, TO REQUIRE THE BOARD TO 15 KEEP AND THE BUREAU TO MAINTAIN CERTAIN RECORDS, TO PROVIDE FOR THE SUB- 16 MISSION AND REVIEW OF APPLICATIONS FOR LICENSURE, TO PROVIDE LICENSE CATE- 17 GORIES, TO PROVIDE APPLICANT REQUIREMENTS, TO PROVIDE FOR ENDORSEMENT AND 18 LICENSURE OF PERSONS LICENSED IN OTHER STATES PROVIDED CERTAIN QUALIFICA- 19 TIONS ARE MET, TO PROVIDE REQUIREMENTS FOR THE ANNUAL RENEWAL OF LICENSES, 20 TO PROVIDE FOR THE REVOCATION OR SUSPENSION OF LICENSES, TO PROVIDE FOR 21 POWERS OF THE BOARD, TO PROVIDE PROCEDURES FOR DISCIPLINARY PROCEEDINGS, 22 TO PROVIDE FOR VIOLATIONS AND PENALTIES, TO PROVIDE FOR DUTIES OF PROSE- 23 CUTING ATTORNEYS AND THE ATTORNEY GENERAL; AND DECLARING AN EMERGENCY. 24 Be It Enacted by the Legislature of the State of Idaho: 25 SECTION 1. That Title 54, Idaho Code, be, and the same is hereby amended 26 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap- 27 ter 24, Title 54, Idaho Code, and to read as follows: 28 CHAPTER 24 29 DRINKING WATER AND WASTEWATER 30 PROFESSIONALS LICENSING ACT 31 54-2401. SHORT TITLE -- DECLARATION OF POLICY. (1) This chapter shall be 32 known and cited as the "Drinking Water and Wastewater Professionals Licensing 33 Act." 34 (2) In order to protect the public health, safety and welfare, and safe- 35 guard the water and land resources of Idaho, the practice of drinking water 36 operators, wastewater operators, and backflow assembly testers in this state 37 is hereby declared to be subject to regulation in the public interest. 38 54-2402. LICENSE REQUIRED. It shall be unlawful for any person who is not 39 licensed under the provisions of this chapter to operate, offer to operate, be 40 in responsible charge of, or to otherwise serve as operating personnel at any 41 public drinking water system or any public wastewater system as defined in the 2 1 provisions of this chapter. Operating personnel shall include every person 2 making system control or system integrity decisions about water quantity or 3 water quality that may affect public health. It shall be unlawful for any per- 4 son to use, in connection with their name or otherwise assume or advertise, 5 any title or description tending to convey the impression of being a water or 6 wastewater system operator, unless such person has been duly registered and 7 possesses a current license in good standing issued by the board or is other- 8 wise exempted under the provisions of this chapter. Furthermore, it shall be 9 unlawful for any person who is the designated responsible charge operator of a 10 drinking water or wastewater system to not be licensed at a category class 11 equal to or greater than the classification of the drinking water or wastewa- 12 ter system. It shall be unlawful for any person to perform backflow assembly 13 testing or inspection unless such person is licensed under the provisions of 14 this chapter. The right to practice as a drinking water operator, wastewater 15 operator, or backflow assembly tester shall be deemed a personal right, based 16 on the qualifications of the individual as evidenced by a current license, and 17 shall not be transferable. 18 54-2403. DEFINITIONS. As used in this chapter: 19 (1) "Backflow assembly tester" means a person who tests backflow preven- 20 tion assemblies and who holds a current Idaho backflow assembly tester 21 license. 22 (2) "Backflow prevention assembly" means a set of mechanical components, 23 which prevents the undesired backflow of water or other liquids into a potable 24 water system, and can be in-line tested and repaired. 25 (3) "Board" means the state board of drinking water and wastewater pro- 26 fessionals as provided in section 54-2404, Idaho Code. 27 (4) "Bureau" means the Idaho bureau of occupational licenses. 28 (5) "Certified" means the board has confirmed that an applicant has met 29 all the requirements for licensure under this chapter and has approved the 30 issuance of a license to practice in Idaho under the provisions of this chap- 31 ter. 32 (6) "Collection system" means that portion of the wastewater system in 33 which wastewater is received from the premises of the discharger and conveyed 34 to the point of treatment through a series of lines, pipes, manholes, 35 pumps/liftstations and other appurtenances. 36 (7) "Distribution system" means that portion of the water utility in 37 which water is stored and conveyed from the water treatment plant or other 38 supply point to the premises of a consumer. 39 (8) "Drinking water operator" means any person who operates public drink- 40 ing water systems, water treatment plants or other systems in order to treat 41 water so that it is safe to drink and who holds a current Idaho water system 42 operator license. 43 (9) "Laboratory analyst" means any person responsible for conducting lab- 44 oratory analysis tasks in the laboratory of a wastewater system. 45 (10) "License" means a physical document issued by the bureau certifying 46 that an individual has met the appropriate qualifications and has been granted 47 the authority to practice in Idaho under the provisions of this chapter. 48 (11) "Operator" or "operating personnel" means any person who is employed, 49 retained, or appointed to conduct the tasks associated with the day to day 50 operation and maintenance of a public drinking water system or a public waste- 51 water system. 52 (12) "Public drinking water system or public water system" means a system 53 for the provision to the public of water for human consumption through pipes 54 or other constructed conveyances, if such system has at least fifteen (15) 3 1 service connections or regularly serves an average of at least twenty-five 2 (25) individuals daily at least sixty (60) days of the year. Such term 3 includes any collection, treatment, storage, and distribution facilities under 4 control of the operator of such system, and used primarily in connection with 5 such system, and any collection or pretreatment storage facilities not under 6 such control which are used primarily in connection with such system. Every 7 community and nontransient noncommunity water system, and each transient water 8 system using a surface water source or ground water source directly influenced 9 by surface water, shall be operated by a certified drinking water operator. 10 (13) "Public wastewater system or wastewater system" means those systems, 11 including collection systems and treatment systems, that are owned by a city, 12 county, state or federal unit of government, a nonprofit corporation, dis- 13 trict, association, political subdivision or other public entity, or that gen- 14 erate or collect two thousand five hundred (2,500) or more gallons a day; or 15 that have been constructed in whole or in part with public funds. This does 16 not include any wastewater treatment system operated and maintained exclu- 17 sively by a single family residence or any wastewater system consisting solely 18 of a gravity flow, nonmechanical septic tank and subsurface treatment and dis- 19 tribution system, or industrial wastewater systems under private ownership. 20 (14) "Responsible charge" means active, daily, on-site, or on call respon- 21 sibility, for the performance of operations or active, ongoing, on-site and on 22 call direction of employees and assistants at a public drinking water system 23 or a public wastewater system. 24 (15) "Responsible charge operator" means an operator of a public drinking 25 water system, designated by the system owner, who holds a valid certificate at 26 a class equal to or greater than the drinking water system classification, who 27 is in responsible charge of the public drinking water system. 28 (16) "Wastewater operator" means a person who operates public wastewater 29 systems, or public wastewater treatment plants or other systems, in order to 30 remove harmful pollutants from domestic and industrial liquid waste so that it 31 is safe to return to the environment, and who holds a current Idaho wastewater 32 system operator license. 33 54-2404. STATE BOARD ESTABLISHED -- MANNER OF APPOINTMENT -- QUALIFICA- 34 TIONS -- TERMS OF OFFICE -- REMOVAL FROM OFFICE. (1) In order to safeguard 35 the environment and protect the public health and establish the minimum compe- 36 tency requirements of persons whose duties are identified in this chapter, 37 there is hereby established in the department of self-governing agencies a 38 board of drinking water and wastewater professionals for drinking water and 39 wastewater operators and backflow assembly testers, hereinafter called the 40 board. 41 (2) The governor shall, within thirty (30) days after the effective date 42 of this chapter, appoint seven (7) members to the board, two (2) of whom shall 43 be drinking water system operators, two (2) of whom shall be wastewater sys- 44 tem operators, and one (1) who shall be a backflow assembly tester, all of 45 whom shall be citizens of the United States, residents of the state of Idaho 46 and licensed under the provisions of this chapter, and one (1) who shall be 47 lawfully entitled to reside in the United States and be a resident of the 48 state of Idaho and not be licensed under the provisions of this chapter or 49 otherwise affiliated with water or wastewater operations within five (5) years 50 of the time of appointment, and one (1) who shall be the director of the Idaho 51 department of environmental quality or the director's designated agent. 52 (3) The members of the first board shall serve for the following terms: 53 one (1) drinking water member and one (1) wastewater member shall serve for 54 one (1) year; one (1) drinking water member and one (1) wastewater member 4 1 shall serve for two (2) years; and the backflow assembly tester and the public 2 member shall serve for three (3) years from the effective date of appointment 3 or until a successor is duly appointed and qualified. Upon the expiration of 4 the term of any member of the board, the governor shall appoint each member 5 for a term of three (3) years. Each member shall hold office until the expira- 6 tion of the term for which said member is appointed. Each member shall serve 7 until a successor is appointed. No member shall be appointed for more than two 8 (2) successive terms or a total of two (2) terms during the life of the board 9 or member. 10 (4) The governor may remove any member of the board for misconduct, 11 incompetence, neglect of duty, or for any other cause. 12 54-2405. STATE BOARD PROCEDURES -- PAYMENT OF EXPENSES OF BOARD MEMBERS. 13 (1) The members of the board shall, as soon as appointed, organize and at 14 least annually thereafter elect from their number a chairman. The board shall 15 hold at least two (2) meetings each year to transact such business as may be 16 necessary to carry out the provisions of this chapter. Four (4) members of the 17 board shall constitute a quorum and special meetings of the board shall be 18 called by the chairman upon written request of any three (3) members; all 19 meetings shall be open to the public. 20 (2) The members of the board shall be compensated as provided by section 21 59-509(g), Idaho Code, subject to availability of funds collected under the 22 provisions of this chapter. 23 54-2406. POWERS AND DUTIES OF BOARD. (1) It shall be the duty of the 24 board to carry out the provisions of this chapter, review applications, con- 25 duct written examinations, charge such fees as the board deems reasonable to 26 cover the cost of licensing, keep records of its transactions, administer dis- 27 ciplinary actions, and record all matters which appropriately may come before 28 it. The board shall have the power to adopt and amend rules including, but not 29 limited to, a code of ethics and standards of conduct that may be reasonably 30 necessary for the proper performance of its duties and the administration of 31 this chapter and the regulation of proceedings before the board. The board 32 shall, by written agreement, authorize the bureau of occupational licenses as 33 agent to act in its interest. 34 (2) The board may adopt license requirements for subcategories based on 35 the size and type of system or for other related areas of expertise, such as 36 backflow assembly testers for public drinking water systems. 37 54-2407. FEES -- PAYMENT OF COSTS AND EXPENSES. (1) The bureau of occupa- 38 tional licenses shall collect a fee not to exceed one hundred dollars ($100) 39 for each application, each administration of an examination, each original 40 license, and each annual renewal of any license issued pursuant to this chap- 41 ter, and shall deposit all fees in the state treasury in accordance with sec- 42 tion 67-2605, Idaho Code. The actual fees shall be set by board rule. The 43 bureau shall also collect a fee equal to that charged by the examination pro- 44 vider when an examination is required as a condition of licensure. All 45 required fees shall not be prorated and are nonrefundable. 46 (2) All fees received under the provisions of this chapter shall be paid 47 to the bureau of occupational licenses and deposited in the state treasury to 48 the credit of the occupational licenses fund and all costs and expenses incur- 49 red under the provisions of this chapter shall be charged against and paid 50 from said fund. 51 54-2408. LICENSES -- RECORDS. (1) The bureau of occupational licenses 5 1 shall, upon the approval of the board and subject to the provisions of this 2 chapter, register and issue licenses to persons who have been approved by the 3 board in accordance with this chapter. The licenses shall bear on their face 4 the seal of the state and the signature of the chief of the bureau of occupa- 5 tional licenses, and will be effective until the next birthday of the individ- 6 ual being certified. Licenses so issued shall be renewed annually in accor- 7 dance with section 67-2614, Idaho Code. The provisions of sections 67-2609 8 through 67-2614, Idaho Code, shall apply to licenses issued pursuant to this 9 chapter. 10 (2) The board shall keep and the bureau shall maintain a record of board 11 proceedings and a register of all applications that show: 12 (a) The name, age, social security number and residency of each appli- 13 cant; 14 (b) The date of application; 15 (c) The place of business of such applicant; 16 (d) The educational and other qualifications of each applicant; 17 (e) Whether or not an examination was required; 18 (f) Whether the applicant was rejected; 19 (g) Whether a license was issued; 20 (h) The dates of the action by the board; 21 (i) Compliance with continuing education requirements; and 22 (j) Such other information as may be deemed necessary by the board. 23 54-2409. APPLICATION FORM -- LICENSE CATEGORIES -- QUALIFICATIONS FOR 24 REGISTRATION AND LICENSE. (1) The board shall approve an application form for 25 the use of applicants. Each applicant shall submit an original application to 26 the board and provide information and documentation as the board may require 27 including, but not limited to, information relating to the education and expe- 28 rience of the applicant. The board shall accept for review the complete appli- 29 cation of any person whose application, accompanied by the necessary documen- 30 tation and fees, is submitted. The board shall carefully evaluate each appli- 31 cation, and shall approve the registration and issuance of a license to any 32 applicant of good moral character who has met the education, experience and 33 examination requirements set forth in this chapter and the rules adopted pur- 34 suant to the provisions of this chapter. If the board finds upon the basis of 35 evidence submitted, and in accordance with the provisions of this chapter, 36 that the applicant does not meet the requirements, the application shall be 37 denied and any fees submitted shall not be refunded. 38 (2) The board shall issue licenses in the following categories: 39 (a) Drinking water distribution operator and drinking water treatment 40 operator classes; 41 (b) Wastewater treatment operator, wastewater collection system operator, 42 and wastewater laboratory analyst classes; 43 (c) Backflow assembly tester. 44 (3) Each applicant for licensure as a water system operator or wastewater 45 system operator shall submit to the board a complete application with the 46 required fee and provide documentation of having met the following require- 47 ments prior to being considered for a license: 48 (a) Be a lawful resident of the United States; 49 (b) Possess a high school diploma, GED, or the equivalent; 50 (c) Document additional education as outlined by rule; 51 (d) Document such experience as is required by rule; 52 (e) Successful completion of and a passing grade on the required examina- 53 tion; and 54 (f) Other such requirements as may be determined by board rule. 6 1 54-2410. ENDORSEMENT -- LICENSES FROM OTHER STATES. Any person who holds 2 a valid license to practice as a drinking water system operator or a wastewa- 3 ter system operator or a backflow assembly tester from any other state in 4 which the legally enacted qualifications for licensure are not lower than the 5 qualifications for licensure set forth in this chapter and in the rules 6 adopted pursuant hereto, may upon proper application and payment of a fee as 7 may be established by board rule not to exceed one hundred dollars ($100), and 8 with the approval of the board, be accepted for licensure under the provisions 9 of this chapter. 10 54-2411. ANNUAL RENEWAL OF LICENSE. Every person licensed under the pro- 11 visions of this chapter shall annually pay the prescribed renewal fee and cer- 12 tify compliance with continuing education requirements and provide such other 13 information as the board may request. Any license canceled for failure to meet 14 the renewal requirements may be reinstated according to section 67-2614, Idaho 15 Code. 16 54-2412. REVOCATION OR SUSPENSION OF LICENSE -- POWERS OF BOARD -- PROCE- 17 DURES FOR DISCIPLINARY PROCEEDINGS. (1) The board shall have the power to 18 revoke, suspend, refuse to issue, refuse to renew, or otherwise limit any 19 license or certificate issued pursuant to the provisions of this chapter for 20 any of the following: 21 (a) Procuring a license or registration by knowingly making a false 22 statement, submitting false information, refusing to provide complete 23 information in response to a question in an application for licensure or 24 through any form of fraud or misrepresentation; 25 (b) Being convicted of a felony; 26 (c) Misrepresentation, or fraudulent representation in the performance of 27 any duty, conduct or activity regulated under this chapter; 28 (d) Violating the provisions of this chapter or any rules of the board or 29 any code of conduct or ethical standards adopted by the board; 30 (e) Being negligent or incompetent; 31 (f) Failing to provide appropriate and personal supervision, if acting as 32 the designated responsible charge operator, to any person gaining experi- 33 ence under the provisions of this chapter. 34 (2) The board shall have the power to administer oaths, take depositions 35 of witnesses within or without the state in the manner provided by law in 36 civil cases, and shall have power throughout the state of Idaho to require the 37 attendance of such witnesses and the production of such books, records and 38 papers as it may desire, relevant to any hearing before it of any matter which 39 it has authority to investigate, and for that purpose the board may issue a 40 subpoena for any witness or a subpoena duces tecum to compel the production of 41 books, records or papers, directed to the sheriff of any county of the state 42 of Idaho where such witness resides or may be found, which shall be served and 43 returned in the same manner as a subpoena in a criminal case. 44 (3) The procedures for disciplinary proceedings shall be in compliance 45 with the Idaho administrative procedure act and the rules of the office of the 46 attorney general and the bureau of occupational licenses. 47 54-2413. VIOLATIONS AND PENALTIES. Any person who shall practice or 48 attempt to offer to practice as a drinking water operator or wastewater opera- 49 tor or backflow assembly tester, as defined in this chapter, without having at 50 the time of so doing a current, unexpired, unrevoked, and unsuspended license 51 issued under this chapter shall be deemed guilty of a misdemeanor and, for 52 each violation, shall be subject to punishment by a fine of not more than one 7 1 thousand dollars ($1,000) or by imprisonment for a period of not more than six 2 (6) months, or both. 3 54-2414. DUTY OF PROSECUTING ATTORNEY -- DUTY OF ATTORNEY GENERAL. It 4 shall be the duty of the prosecuting attorney of each county to prosecute all 5 violations of this chapter constituting a violation of criminal law and it 6 shall be the duty of the attorney general of the state of Idaho to prosecute 7 any administrative actions brought under the provisions of this chapter as 8 requested by the board. 9 SECTION 2. An emergency existing therefor, which emergency is hereby 10 declared to exist, this act shall be in full force and effect on and after its 11 passage and approval.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-seventh Legislature Second Regular Session - 2004Moved by Brandt Seconded by Bailey IN THE SENATE SENATE AMENDMENT TO S.B. NO. 1279 1 AMENDMENT TO SECTION 1 2 On page 2 of the printed bill, in line 17, following "transferable." 3 insert: "Provided however, that persons licensed, registered or otherwise reg- 4 ulated by the state of Idaho to practice a profession shall not be required to 5 obtain a license under this act in order to practice within the scope of prac- 6 tice of the profession for which they are licensed, registered or otherwise 7 regulated.". 8 CORRECTION TO TITLE 9 On page 1, in line 7, following "LICENSES," insert: "TO PROVIDE EXEMPTIONS 10 TO SPECIFIED LICENSURE REQUIREMENTS,". Moved by Edmunson Seconded by Raybould IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENT TO S.B. NO. 1279, As Amended 11 AMENDMENTS TO THE BILL 12 On page 7 of the engrossed bill, following line 14, insert: 13 "SECTION 2. That Section 39-105, Idaho Code, be, and the same is hereby 14 amended to read as follows: 15 39-105. POWERS AND DUTIES OF THE DIRECTOR. The director shall have the 16 following powers and duties: 17 (1) All of the rights, powers and duties regarding environmental protec- 18 tion functions vested in the department of health and welfare, and its direc- 19 tor, administered by the division of environmental quality, including, but not 20 limited to, those provided by chapters 1, 4, 30, 36, 44, 58, 62, 64, 65, 66, 21 70, 71, 72 and 74, title 39, Idaho Code. The director shall have all such 22 powers and duties as described in this section as may have been or could have 23 been exercised by his predecessors in law, and shall be the successor in law 24 to all contractual obligations entered into by predecessors in law. All hear- 25 ings of the director shall be governed by the provisions of chapter 52, title 26 67, Idaho Code. 27 (2) The director shall, pursuant and subject to the provisions of the 28 Idaho Code, and the provisions of this act, formulate and recommend to the 29 board, rules as may be necessary to deal with problems related to water pollu- 30 tion, air pollution, solid waste disposal, and licensure and certification 31 requirements pertinent thereto, which shall, upon adoption by the board, have 32 the force of the law relating to any purpose which may be necessary and feasi- 33 ble for enforcing the provisions of this act, including, but not limited to, ]]] 2 1 the prevention, control or abatement of environmental pollution or degradation 2 including radionuclides and risks to public health related to any of the 3 powers and duties described in this section. Any such rule may be of general 4 application throughout the state or may be limited as to times, places, cir- 5 cumstances or conditions in order to make due allowance for variations 6 therein. 7 (3) The director, under the rules adopted by the board, shall have the 8 general supervision of the promotion and protection of the environment of this 9 state. The powers and duties of the director shall include, but not be limited 10 to, the following: 11 (a) The issuance of licenses and permits as prescribed by law and by the 12 rules of the board promulgated hereunder. For each air quality operating 13 permit issued under title V of the federal clean air act and its imple- 14 menting regulations, the director shall, consistent with the federal clean 15 air act and its implementing regulations, expressly include a provision 16 stating that compliance with the conditions of the permit shall be deemed 17 compliance with the applicable requirements of the federal clean air act 18 and the title V implementing regulations. The director may develop and 19 issue general permits covering numerous similar sources, as authorized by 20 40 CFR 70.6(d) as may be amended, and as appropriate. 21 (b) The enforcement of rules relating to public water supplies and to 22 administer the drinking water loan fund pursuant to chapter 76, title 39, 23 Idaho Code, including making loans to eligible public drinking water sys- 24 tems as defined in the federal safe drinking water act as amended, and to 25 comply with all requirements of the act, 42 U.S.C. 300f, et seq. and regu- 26 lations promulgated pursuant to the act. This includes, but is not limited 27 to,the adoption and implementation of an operator certification program;28 the development of and implementation of a capacity development strategy 29 to ensure public drinking water systems have the technical, managerial and 30 financial capability to comply with the national primary drinking water 31 regulations; and the enhancement of protection of source waters for public 32 drinking water systems. 33 (c) The establishment of liaison with other governmental departments, 34 agencies and boards in order to effectively assist other governmental 35 entities with the planning for the control of or abatement of environmen- 36 tal pollution. All of the rules adopted by the board hereunder shall apply 37 to state institutions. 38 (d) The supervision and administration of a system to safeguard air qual- 39 ity and for limiting and controlling the emission of air contaminants. 40 (e) The supervision and administration of a system to safeguard the qual- 41 ity of the waters of this state including, but not limited to, the 42 enforcement of rules relating to the discharge of effluent into the waters 43 of this state and the storage, handling and transportation of solids, liq- 44 uids, and gases which may cause or contribute to water pollution. For pur- 45 poses of complying with the clean water act, the director may provide an 46 exemption from additional reductions for those nonpoint sources that meet 47 the applicable reductions set forth in an approved TMDL as defined in 48 chapter 36, title 39, Idaho Code. 49 (f) The supervision and administration of administrative units whose 50 responsibility shall be to assist and encourage counties, cities, other 51 governmental units, and industries in the control of and/or abatement of 52 environmental pollution. 53 (g) The administration of solid waste disposal site and design review in 54 accordance with the provisions of chapter 74, title 39, Idaho Code, and ]]] 3 1 chapter 4, title 39, Idaho Code, and in particular as follows: 2 (i) The issuance of a solid waste disposal site certificate in the 3 manner provided in chapter 74, title 39, Idaho Code. 4 (ii) Provide review and approval regarding the design of solid waste 5 disposal facilities and ground water monitoring systems and approval 6 of all applications for flexible standards as provided in 40 CFR 258, 7 in accordance with the provisions of chapter 74, title 39, Idaho 8 Code. 9 (iii) Cooperating and coordinating with operational monitoring of 10 solid waste disposal sites by district health departments pursuant to 11 authority established in chapters 4 and 74, title 39, Idaho Code. 12 (iv) The authority granted to the director pursuant to provisions of 13 this subsection shall be effective upon enactment of chapter 74, 14 title 39, Idaho Code, by the legislature. 15 (v) The authority to develop and propose rules as necessary to sup- 16 plement details of compliance with the solid waste facilities act and 17 applicable federal regulations, provided that such regulations shall 18 not conflict with the provisions of this act nor shall such regula- 19 tions be more strict than the requirements established in federal law 20 or in the solid waste facilities act. 21 (h) The enforcement of all laws, rules, regulations, codes and standards 22 relating to environmental protection and health. 23 (i) Theadoption and implementation of a public wastewater operator cer-24tification program to ensure the operators of public wastewater treatment25facilities have the technical expertise and certification to comply with26federal regulations and state rules dealing with wastewater; and the27 enhancement and protection of source waters of the state pursuant to rules 28 of the board. 29 (4) The director, when so designated by the governor, shall have the 30 power to apply for, receive on behalf of the state, and utilize any federal 31 aid, grants, gifts, gratuities, or moneys made available through the federal 32 government including, but not limited to, the federal water pollution control 33 act, for use in or by the state of Idaho in relation to health and environmen- 34 tal protection. 35 (5) The director shall have the power to enter into and make contracts 36 and agreements with any public agencies or municipal corporation for facili- 37 ties, land, and equipment when such use will have a beneficial or recreational 38 effect or be in the best interest in carrying out the duties imposed upon the 39 department. 40 The director shall also have the power to enter into contracts for the 41 expenditure of state matching funds for local purposes. This subsection will 42 constitute the authority for public agencies or municipal corporations to 43 enter into such contracts and expend money for the purposes delineated in such 44 contracts. 45 (6) The director is authorized to adopt an official seal to be used on 46 appropriate occasions, in connection with the functions of the department or 47 the board, and such seal shall be judicially noticed. Copies of any books, 48 records, papers and other documents in the department shall be admitted in 49 evidence equally with the originals thereof when authenticated under such 50 seal. 51 SECTION 3. That Section 67-2601, Idaho Code, be, and the same is hereby 52 amended to read as follows: ]]] 4 1 67-2601. DEPARTMENT CREATED -- ORGANIZATION -- DIRECTOR -- BUREAU OF 2 OCCUPATIONAL LICENSES CREATED. (1) There is hereby created the department of 3 self-governing agencies. The department shall, for the purposes of section 20, 4 article IV of the constitution of the state of Idaho, be an executive depart- 5 ment of the state government. 6 (2) The department shall consist of the following: 7 (a) Agricultural commodity commissions: Idaho apple commission, as pro- 8 vided by chapter 36, title 22, Idaho Code; Idaho bean commission, as pro- 9 vided by chapter 29, title 22, Idaho Code; Idaho beef council, as provided 10 by chapter 29, title 25, Idaho Code; Idaho cherry commission, as provided 11 by chapter 37, title 22, Idaho Code; Idaho dairy products commission, as 12 provided by chapter 31, title 25, Idaho Code; Idaho pea and lentil commis- 13 sion, as provided by chapter 35, title 22, Idaho Code; Idaho potato com- 14 mission, as provided by chapter 12, title 22, Idaho Code; Idaho prune com- 15 mission, as provided by chapter 30, title 22, Idaho Code; and the Idaho 16 wheat commission, as provided by chapter 33, title 22, Idaho Code. 17 (b) Professional and occupational licensing boards: Idaho state board of 18 certified public accountancy, as provided by chapter 2, title 54, Idaho 19 Code; board of acupuncture, as provided by chapter 47, title 54, Idaho 20 Code; board of architectural examiners, as provided by chapter 3, title 21 54, Idaho Code; office of the state athletic director, as provided by 22 chapter 4, title 54, Idaho Code; board of barber examiners, as provided by 23 chapter 5, title 54, Idaho Code; board of commissioners of the Idaho state 24 bar, as provided by chapter 4, title 3, Idaho Code; board of chiropractic 25 physicians, as provided by chapter 7, title 54, Idaho Code; Idaho board of 26 cosmetology, as provided by chapter 8, title 54, Idaho Code; Idaho coun- 27 selor licensing board, as provided by chapter 34, title 54, Idaho Code; 28 state board of dentistry, as provided by chapter 9, title 54, Idaho Code; 29 state board of denturitry, as provided by chapter 33, title 54, Idaho 30 Code; state board of engineering examiners, as provided by chapter 12, 31 title 54, Idaho Code; state board for registration of professional geolo- 32 gists, as provided by chapter 28, title 54, Idaho Code; board of hearing 33 aid dealers and fitters, as provided by chapter 29, title 54, Idaho Code; 34 Idaho state board of landscape architects, as provided by chapter 30, 35 title 54, Idaho Code; state board of medicine, as provided by chapter 18, 36 title 54, Idaho Code, and its associated physical therapist advisory 37 board, as provided by chapter 22, title 54, Idaho Code; state board of 38 morticians, as provided by chapter 11, title 54, Idaho Code; board of 39 nurses, as provided by chapter 14, title 54, Idaho Code; board of examin- 40 ers of nursing home administrators, as provided by chapter 16, title 54, 41 Idaho Code; state board of optometry, as provided by chapter 15, title 54, 42 Idaho Code; Idaho outfitters and guides board, as provided by chapter 21, 43 title 36, Idaho Code; board of pharmacy, as provided by chapter 17, title 44 54, Idaho Code; state board of podiatry, as provided by chapter 6, title 45 54, Idaho Code; Idaho state board of psychologist examiners, as provided 46 by chapter 23, title 54, Idaho Code; Idaho real estate commission, as pro- 47 vided by chapter 20, title 54, Idaho Code; real estate appraiser board, as 48 provided by chapter 41, title 54, Idaho Code; board of social work examin- 49 ers, as provided by chapter 32, title 54, Idaho Code; the board of veteri- 50 nary medicine, as provided by chapter 21, title 54, Idaho Code;andthe 51 board of examiners of residential care facility administrators, as pro- 52 vided by chapter 42, title 54, Idaho Code; and the board of drinking water 53 and wastewater professionals, as provided by chapter 24, title 54, Idaho 54 Code. ]]] 5 1 (c) The board of examiners, pursuant to section 67-2001, Idaho Code. 2 (d) The division of building safety, to be headed by a division adminis- 3 trator and comprised of five (5) bureaus: plumbing, electrical, buildings, 4 public works contractor licensing, and logging and industrial safety. The 5 division administrator and bureau chiefs shall be nonclassified employees 6 exempt from the provisions of chapter 53, title 67, Idaho Code. The admin- 7 istrator of the division shall administer the provisions of chapter 40, 8 title 39, Idaho Code, relating to manufactured homes and recreational 9 vehicles; chapter 41, title 39, Idaho Code, relating to modular buildings; 10 chapter 21, title 44, Idaho Code, relating to manufactured home dealer and 11 broker licensing; chapter 10, title 54, Idaho Code, relating to electrical 12 contractors and journeymen; chapter 19, title 54, Idaho Code, relating to 13 licensing of public works contractors; chapter 26, title 54, Idaho Code, 14 relating to plumbing and plumbers; and shall perform such additional 15 duties as are imposed upon him by law. The division administrator shall 16 cooperate with the industrial commission and aid and assist the commission 17 in its administration of sections 72-720, 72-721 and 72-723, Idaho Code, 18 and at the request of the commission shall make inspection of appliances, 19 tools, equipment, machinery, practices or conditions, and make a written 20 report to the commission. The administrator shall make recommendations to 21 the commission to aid the commission in its administration of sections 22 72-720, 72-721 and 72-723, Idaho Code, provided however, that nothing 23 herein shall be construed as transferring to the administrator any of the 24 authority or powers now vested in the industrial commission. 25 (e) The division of veterans services to be headed by a division adminis- 26 trator who shall be a nonclassified employee exempt from the provisions of 27 chapter 53, title 67, Idaho Code. The administrator of the division shall 28 administer the provisions of chapter 2, title 65, Idaho Code, and chapter 29 9, title 66, Idaho Code, with the advice of the veterans affairs commis- 30 sion established under chapter 2, title 65, Idaho Code, and shall perform 31 such additional duties as are imposed upon him by law. 32 (3) The bureau of occupational licenses is hereby created within the 33 department of self-governing agencies."; 34 and also on page 7, in line 15, delete "SECTION 2" and insert: "SECTION 4". 35 CORRECTIONS TO TITLE 36 On page 1, in line 24, following "GENERAL;" insert: "AMENDING SECTION 37 39-105, IDAHO CODE, TO REVISE THE POWERS AND DUTIES OF THE DIRECTOR OF THE 38 DEPARTMENT OF ENVIRONMENTAL QUALITY; AMENDING SECTION 67-2601, IDAHO CODE, TO 39 INCLUDE THE BOARD OF DRINKING WATER AND WASTEWATER PROFESSIONALS IN THE 40 DEPARTMENT OF SELF-GOVERNING AGENCIES;".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-seventh Legislature Second Regular Session - 2004IN THE SENATE SENATE BILL NO. 1279, As Amended BY HEALTH AND WELFARE COMMITTEE 1 AN ACT 2 RELATING TO DRINKING WATER AND WASTEWATER; AMENDING TITLE 54, IDAHO CODE, BY 3 THE ADDITION OF A NEW CHAPTER 24, TITLE 54, IDAHO CODE, TO PROVIDE A SHORT 4 TITLE, TO PROVIDE A DECLARATION OF POLICY, TO REQUIRE LICENSING OF CERTAIN 5 OPERATING PERSONNEL FOR PUBLIC DRINKING WATER SYSTEMS, PUBLIC WASTEWATER 6 SYSTEMS AND PERSONS PERFORMING BACKFLOW ASSEMBLY TESTING OR INSPECTION, TO 7 PROHIBIT SPECIFIED CONDUCT, TO PROHIBIT THE TRANSFER OF LICENSES, TO PRO- 8 VIDE EXEMPTIONS TO SPECIFIED LICENSURE REQUIREMENTS, TO DEFINE TERMS, TO 9 PROVIDE FOR THE BOARD OF DRINKING WATER AND WASTEWATER PROFESSIONALS, TO 10 PROVIDE FOR QUALIFICATIONS AND APPOINTMENT, TO PROVIDE FOR TERMS, TO PRO- 11 VIDE FOR REMOVAL, TO PROVIDE FOR BOARD PROCEDURES, TO PROVIDE FOR THE PAY- 12 MENT OF EXPENSES OF BOARD MEMBERS, TO PROVIDE FOR POWERS AND DUTIES OF THE 13 BOARD, TO PROVIDE FOR FEES, TO PROVIDE FOR THE PAYMENT OF COSTS AND 14 EXPENSES, TO PROVIDE FOR LICENSING BY THE BUREAU OF OCCUPATIONAL LICENSES, 15 TO PROVIDE FOR LICENSES, TO REQUIRE THE BOARD TO KEEP AND THE BUREAU TO 16 MAINTAIN CERTAIN RECORDS, TO PROVIDE FOR THE SUBMISSION AND REVIEW OF 17 APPLICATIONS FOR LICENSURE, TO PROVIDE LICENSE CATEGORIES, TO PROVIDE 18 APPLICANT REQUIREMENTS, TO PROVIDE FOR ENDORSEMENT AND LICENSURE OF PER- 19 SONS LICENSED IN OTHER STATES PROVIDED CERTAIN QUALIFICATIONS ARE MET, TO 20 PROVIDE REQUIREMENTS FOR THE ANNUAL RENEWAL OF LICENSES, TO PROVIDE FOR 21 THE REVOCATION OR SUSPENSION OF LICENSES, TO PROVIDE FOR POWERS OF THE 22 BOARD, TO PROVIDE PROCEDURES FOR DISCIPLINARY PROCEEDINGS, TO PROVIDE FOR 23 VIOLATIONS AND PENALTIES, TO PROVIDE FOR DUTIES OF PROSECUTING ATTORNEYS 24 AND THE ATTORNEY GENERAL; AND DECLARING AN EMERGENCY. 25 Be It Enacted by the Legislature of the State of Idaho: 26 SECTION 1. That Title 54, Idaho Code, be, and the same is hereby amended 27 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap- 28 ter 24, Title 54, Idaho Code, and to read as follows: 29 CHAPTER 24 30 DRINKING WATER AND WASTEWATER 31 PROFESSIONALS LICENSING ACT 32 54-2401. SHORT TITLE -- DECLARATION OF POLICY. (1) This chapter shall be 33 known and cited as the "Drinking Water and Wastewater Professionals Licensing 34 Act." 35 (2) In order to protect the public health, safety and welfare, and safe- 36 guard the water and land resources of Idaho, the practice of drinking water 37 operators, wastewater operators, and backflow assembly testers in this state 38 is hereby declared to be subject to regulation in the public interest. 39 54-2402. LICENSE REQUIRED. It shall be unlawful for any person who is not 40 licensed under the provisions of this chapter to operate, offer to operate, be 41 in responsible charge of, or to otherwise serve as operating personnel at any 2 1 public drinking water system or any public wastewater system as defined in the 2 provisions of this chapter. Operating personnel shall include every person 3 making system control or system integrity decisions about water quantity or 4 water quality that may affect public health. It shall be unlawful for any per- 5 son to use, in connection with their name or otherwise assume or advertise, 6 any title or description tending to convey the impression of being a water or 7 wastewater system operator, unless such person has been duly registered and 8 possesses a current license in good standing issued by the board or is other- 9 wise exempted under the provisions of this chapter. Furthermore, it shall be 10 unlawful for any person who is the designated responsible charge operator of a 11 drinking water or wastewater system to not be licensed at a category class 12 equal to or greater than the classification of the drinking water or wastewa- 13 ter system. It shall be unlawful for any person to perform backflow assembly 14 testing or inspection unless such person is licensed under the provisions of 15 this chapter. The right to practice as a drinking water operator, wastewater 16 operator, or backflow assembly tester shall be deemed a personal right, based 17 on the qualifications of the individual as evidenced by a current license, and 18 shall not be transferable. Provided however, that persons licensed, regis- 19 tered or otherwise regulated by the state of Idaho to practice a profession 20 shall not be required to obtain a license under this act in order to practice 21 within the scope of practice of the profession for which they are licensed, 22 registered or otherwise regulated. 23 54-2403. DEFINITIONS. As used in this chapter: 24 (1) "Backflow assembly tester" means a person who tests backflow preven- 25 tion assemblies and who holds a current Idaho backflow assembly tester 26 license. 27 (2) "Backflow prevention assembly" means a set of mechanical components, 28 which prevents the undesired backflow of water or other liquids into a potable 29 water system, and can be in-line tested and repaired. 30 (3) "Board" means the state board of drinking water and wastewater pro- 31 fessionals as provided in section 54-2404, Idaho Code. 32 (4) "Bureau" means the Idaho bureau of occupational licenses. 33 (5) "Certified" means the board has confirmed that an applicant has met 34 all the requirements for licensure under this chapter and has approved the 35 issuance of a license to practice in Idaho under the provisions of this chap- 36 ter. 37 (6) "Collection system" means that portion of the wastewater system in 38 which wastewater is received from the premises of the discharger and conveyed 39 to the point of treatment through a series of lines, pipes, manholes, 40 pumps/liftstations and other appurtenances. 41 (7) "Distribution system" means that portion of the water utility in 42 which water is stored and conveyed from the water treatment plant or other 43 supply point to the premises of a consumer. 44 (8) "Drinking water operator" means any person who operates public drink- 45 ing water systems, water treatment plants or other systems in order to treat 46 water so that it is safe to drink and who holds a current Idaho water system 47 operator license. 48 (9) "Laboratory analyst" means any person responsible for conducting lab- 49 oratory analysis tasks in the laboratory of a wastewater system. 50 (10) "License" means a physical document issued by the bureau certifying 51 that an individual has met the appropriate qualifications and has been granted 52 the authority to practice in Idaho under the provisions of this chapter. 53 (11) "Operator" or "operating personnel" means any person who is employed, 54 retained, or appointed to conduct the tasks associated with the day to day 3 1 operation and maintenance of a public drinking water system or a public waste- 2 water system. 3 (12) "Public drinking water system or public water system" means a system 4 for the provision to the public of water for human consumption through pipes 5 or other constructed conveyances, if such system has at least fifteen (15) 6 service connections or regularly serves an average of at least twenty-five 7 (25) individuals daily at least sixty (60) days of the year. Such term 8 includes any collection, treatment, storage, and distribution facilities under 9 control of the operator of such system, and used primarily in connection with 10 such system, and any collection or pretreatment storage facilities not under 11 such control which are used primarily in connection with such system. Every 12 community and nontransient noncommunity water system, and each transient water 13 system using a surface water source or ground water source directly influenced 14 by surface water, shall be operated by a certified drinking water operator. 15 (13) "Public wastewater system or wastewater system" means those systems, 16 including collection systems and treatment systems, that are owned by a city, 17 county, state or federal unit of government, a nonprofit corporation, dis- 18 trict, association, political subdivision or other public entity, or that gen- 19 erate or collect two thousand five hundred (2,500) or more gallons a day; or 20 that have been constructed in whole or in part with public funds. This does 21 not include any wastewater treatment system operated and maintained exclu- 22 sively by a single family residence or any wastewater system consisting solely 23 of a gravity flow, nonmechanical septic tank and subsurface treatment and dis- 24 tribution system, or industrial wastewater systems under private ownership. 25 (14) "Responsible charge" means active, daily, on-site, or on call respon- 26 sibility, for the performance of operations or active, ongoing, on-site and on 27 call direction of employees and assistants at a public drinking water system 28 or a public wastewater system. 29 (15) "Responsible charge operator" means an operator of a public drinking 30 water system, designated by the system owner, who holds a valid certificate at 31 a class equal to or greater than the drinking water system classification, who 32 is in responsible charge of the public drinking water system. 33 (16) "Wastewater operator" means a person who operates public wastewater 34 systems, or public wastewater treatment plants or other systems, in order to 35 remove harmful pollutants from domestic and industrial liquid waste so that it 36 is safe to return to the environment, and who holds a current Idaho wastewater 37 system operator license. 38 54-2404. STATE BOARD ESTABLISHED -- MANNER OF APPOINTMENT -- QUALIFICA- 39 TIONS -- TERMS OF OFFICE -- REMOVAL FROM OFFICE. (1) In order to safeguard 40 the environment and protect the public health and establish the minimum compe- 41 tency requirements of persons whose duties are identified in this chapter, 42 there is hereby established in the department of self-governing agencies a 43 board of drinking water and wastewater professionals for drinking water and 44 wastewater operators and backflow assembly testers, hereinafter called the 45 board. 46 (2) The governor shall, within thirty (30) days after the effective date 47 of this chapter, appoint seven (7) members to the board, two (2) of whom shall 48 be drinking water system operators, two (2) of whom shall be wastewater sys- 49 tem operators, and one (1) who shall be a backflow assembly tester, all of 50 whom shall be citizens of the United States, residents of the state of Idaho 51 and licensed under the provisions of this chapter, and one (1) who shall be 52 lawfully entitled to reside in the United States and be a resident of the 53 state of Idaho and not be licensed under the provisions of this chapter or 54 otherwise affiliated with water or wastewater operations within five (5) years 4 1 of the time of appointment, and one (1) who shall be the director of the Idaho 2 department of environmental quality or the director's designated agent. 3 (3) The members of the first board shall serve for the following terms: 4 one (1) drinking water member and one (1) wastewater member shall serve for 5 one (1) year; one (1) drinking water member and one (1) wastewater member 6 shall serve for two (2) years; and the backflow assembly tester and the public 7 member shall serve for three (3) years from the effective date of appointment 8 or until a successor is duly appointed and qualified. Upon the expiration of 9 the term of any member of the board, the governor shall appoint each member 10 for a term of three (3) years. Each member shall hold office until the expira- 11 tion of the term for which said member is appointed. Each member shall serve 12 until a successor is appointed. No member shall be appointed for more than two 13 (2) successive terms or a total of two (2) terms during the life of the board 14 or member. 15 (4) The governor may remove any member of the board for misconduct, 16 incompetence, neglect of duty, or for any other cause. 17 54-2405. STATE BOARD PROCEDURES -- PAYMENT OF EXPENSES OF BOARD MEMBERS. 18 (1) The members of the board shall, as soon as appointed, organize and at 19 least annually thereafter elect from their number a chairman. The board shall 20 hold at least two (2) meetings each year to transact such business as may be 21 necessary to carry out the provisions of this chapter. Four (4) members of the 22 board shall constitute a quorum and special meetings of the board shall be 23 called by the chairman upon written request of any three (3) members; all 24 meetings shall be open to the public. 25 (2) The members of the board shall be compensated as provided by section 26 59-509(g), Idaho Code, subject to availability of funds collected under the 27 provisions of this chapter. 28 54-2406. POWERS AND DUTIES OF BOARD. (1) It shall be the duty of the 29 board to carry out the provisions of this chapter, review applications, con- 30 duct written examinations, charge such fees as the board deems reasonable to 31 cover the cost of licensing, keep records of its transactions, administer dis- 32 ciplinary actions, and record all matters which appropriately may come before 33 it. The board shall have the power to adopt and amend rules including, but not 34 limited to, a code of ethics and standards of conduct that may be reasonably 35 necessary for the proper performance of its duties and the administration of 36 this chapter and the regulation of proceedings before the board. The board 37 shall, by written agreement, authorize the bureau of occupational licenses as 38 agent to act in its interest. 39 (2) The board may adopt license requirements for subcategories based on 40 the size and type of system or for other related areas of expertise, such as 41 backflow assembly testers for public drinking water systems. 42 54-2407. FEES -- PAYMENT OF COSTS AND EXPENSES. (1) The bureau of occupa- 43 tional licenses shall collect a fee not to exceed one hundred dollars ($100) 44 for each application, each administration of an examination, each original 45 license, and each annual renewal of any license issued pursuant to this chap- 46 ter, and shall deposit all fees in the state treasury in accordance with sec- 47 tion 67-2605, Idaho Code. The actual fees shall be set by board rule. The 48 bureau shall also collect a fee equal to that charged by the examination pro- 49 vider when an examination is required as a condition of licensure. All 50 required fees shall not be prorated and are nonrefundable. 51 (2) All fees received under the provisions of this chapter shall be paid 52 to the bureau of occupational licenses and deposited in the state treasury to 5 1 the credit of the occupational licenses fund and all costs and expenses incur- 2 red under the provisions of this chapter shall be charged against and paid 3 from said fund. 4 54-2408. LICENSES -- RECORDS. (1) The bureau of occupational licenses 5 shall, upon the approval of the board and subject to the provisions of this 6 chapter, register and issue licenses to persons who have been approved by the 7 board in accordance with this chapter. The licenses shall bear on their face 8 the seal of the state and the signature of the chief of the bureau of occupa- 9 tional licenses, and will be effective until the next birthday of the individ- 10 ual being certified. Licenses so issued shall be renewed annually in accor- 11 dance with section 67-2614, Idaho Code. The provisions of sections 67-2609 12 through 67-2614, Idaho Code, shall apply to licenses issued pursuant to this 13 chapter. 14 (2) The board shall keep and the bureau shall maintain a record of board 15 proceedings and a register of all applications that show: 16 (a) The name, age, social security number and residency of each appli- 17 cant; 18 (b) The date of application; 19 (c) The place of business of such applicant; 20 (d) The educational and other qualifications of each applicant; 21 (e) Whether or not an examination was required; 22 (f) Whether the applicant was rejected; 23 (g) Whether a license was issued; 24 (h) The dates of the action by the board; 25 (i) Compliance with continuing education requirements; and 26 (j) Such other information as may be deemed necessary by the board. 27 54-2409. APPLICATION FORM -- LICENSE CATEGORIES -- QUALIFICATIONS FOR 28 REGISTRATION AND LICENSE. (1) The board shall approve an application form for 29 the use of applicants. Each applicant shall submit an original application to 30 the board and provide information and documentation as the board may require 31 including, but not limited to, information relating to the education and expe- 32 rience of the applicant. The board shall accept for review the complete appli- 33 cation of any person whose application, accompanied by the necessary documen- 34 tation and fees, is submitted. The board shall carefully evaluate each appli- 35 cation, and shall approve the registration and issuance of a license to any 36 applicant of good moral character who has met the education, experience and 37 examination requirements set forth in this chapter and the rules adopted pur- 38 suant to the provisions of this chapter. If the board finds upon the basis of 39 evidence submitted, and in accordance with the provisions of this chapter, 40 that the applicant does not meet the requirements, the application shall be 41 denied and any fees submitted shall not be refunded. 42 (2) The board shall issue licenses in the following categories: 43 (a) Drinking water distribution operator and drinking water treatment 44 operator classes; 45 (b) Wastewater treatment operator, wastewater collection system operator, 46 and wastewater laboratory analyst classes; 47 (c) Backflow assembly tester. 48 (3) Each applicant for licensure as a water system operator or wastewater 49 system operator shall submit to the board a complete application with the 50 required fee and provide documentation of having met the following require- 51 ments prior to being considered for a license: 52 (a) Be a lawful resident of the United States; 53 (b) Possess a high school diploma, GED, or the equivalent; 6 1 (c) Document additional education as outlined by rule; 2 (d) Document such experience as is required by rule; 3 (e) Successful completion of and a passing grade on the required examina- 4 tion; and 5 (f) Other such requirements as may be determined by board rule. 6 54-2410. ENDORSEMENT -- LICENSES FROM OTHER STATES. Any person who holds 7 a valid license to practice as a drinking water system operator or a wastewa- 8 ter system operator or a backflow assembly tester from any other state in 9 which the legally enacted qualifications for licensure are not lower than the 10 qualifications for licensure set forth in this chapter and in the rules 11 adopted pursuant hereto, may upon proper application and payment of a fee as 12 may be established by board rule not to exceed one hundred dollars ($100), and 13 with the approval of the board, be accepted for licensure under the provisions 14 of this chapter. 15 54-2411. ANNUAL RENEWAL OF LICENSE. Every person licensed under the pro- 16 visions of this chapter shall annually pay the prescribed renewal fee and cer- 17 tify compliance with continuing education requirements and provide such other 18 information as the board may request. Any license canceled for failure to meet 19 the renewal requirements may be reinstated according to section 67-2614, Idaho 20 Code. 21 54-2412. REVOCATION OR SUSPENSION OF LICENSE -- POWERS OF BOARD -- PROCE- 22 DURES FOR DISCIPLINARY PROCEEDINGS. (1) The board shall have the power to 23 revoke, suspend, refuse to issue, refuse to renew, or otherwise limit any 24 license or certificate issued pursuant to the provisions of this chapter for 25 any of the following: 26 (a) Procuring a license or registration by knowingly making a false 27 statement, submitting false information, refusing to provide complete 28 information in response to a question in an application for licensure or 29 through any form of fraud or misrepresentation; 30 (b) Being convicted of a felony; 31 (c) Misrepresentation, or fraudulent representation in the performance of 32 any duty, conduct or activity regulated under this chapter; 33 (d) Violating the provisions of this chapter or any rules of the board or 34 any code of conduct or ethical standards adopted by the board; 35 (e) Being negligent or incompetent; 36 (f) Failing to provide appropriate and personal supervision, if acting as 37 the designated responsible charge operator, to any person gaining experi- 38 ence under the provisions of this chapter. 39 (2) The board shall have the power to administer oaths, take depositions 40 of witnesses within or without the state in the manner provided by law in 41 civil cases, and shall have power throughout the state of Idaho to require the 42 attendance of such witnesses and the production of such books, records and 43 papers as it may desire, relevant to any hearing before it of any matter which 44 it has authority to investigate, and for that purpose the board may issue a 45 subpoena for any witness or a subpoena duces tecum to compel the production of 46 books, records or papers, directed to the sheriff of any county of the state 47 of Idaho where such witness resides or may be found, which shall be served and 48 returned in the same manner as a subpoena in a criminal case. 49 (3) The procedures for disciplinary proceedings shall be in compliance 50 with the Idaho administrative procedure act and the rules of the office of the 51 attorney general and the bureau of occupational licenses. 7 1 54-2413. VIOLATIONS AND PENALTIES. Any person who shall practice or 2 attempt to offer to practice as a drinking water operator or wastewater opera- 3 tor or backflow assembly tester, as defined in this chapter, without having at 4 the time of so doing a current, unexpired, unrevoked, and unsuspended license 5 issued under this chapter shall be deemed guilty of a misdemeanor and, for 6 each violation, shall be subject to punishment by a fine of not more than one 7 thousand dollars ($1,000) or by imprisonment for a period of not more than six 8 (6) months, or both. 9 54-2414. DUTY OF PROSECUTING ATTORNEY -- DUTY OF ATTORNEY GENERAL. It 10 shall be the duty of the prosecuting attorney of each county to prosecute all 11 violations of this chapter constituting a violation of criminal law and it 12 shall be the duty of the attorney general of the state of Idaho to prosecute 13 any administrative actions brought under the provisions of this chapter as 14 requested by the board. 15 SECTION 2. An emergency existing therefor, which emergency is hereby 16 declared to exist, this act shall be in full force and effect on and after its 17 passage and approval. IN THE SENATE SENATE BILL NO. 1279, As Amended, As Amended in the House BY HEALTH AND WELFARE COMMITTEE 18 AN ACT 19 RELATING TO DRINKING WATER AND WASTEWATER; AMENDING TITLE 54, IDAHO CODE, BY 20 THE ADDITION OF A NEW CHAPTER 24, TITLE 54, IDAHO CODE, TO PROVIDE A SHORT 21 TITLE, TO PROVIDE A DECLARATION OF POLICY, TO REQUIRE LICENSING OF CERTAIN 22 OPERATING PERSONNEL FOR PUBLIC DRINKING WATER SYSTEMS, PUBLIC WASTEWATER 23 SYSTEMS AND PERSONS PERFORMING BACKFLOW ASSEMBLY TESTING OR INSPECTION, TO 24 PROHIBIT SPECIFIED CONDUCT, TO PROHIBIT THE TRANSFER OF LICENSES, TO PRO- 25 VIDE EXEMPTIONS TO SPECIFIED LICENSURE REQUIREMENTS, TO DEFINE TERMS, TO 26 PROVIDE FOR THE BOARD OF DRINKING WATER AND WASTEWATER PROFESSIONALS, TO 27 PROVIDE FOR QUALIFICATIONS AND APPOINTMENT, TO PROVIDE FOR TERMS, TO PRO- 28 VIDE FOR REMOVAL, TO PROVIDE FOR BOARD PROCEDURES, TO PROVIDE FOR THE PAY- 29 MENT OF EXPENSES OF BOARD MEMBERS, TO PROVIDE FOR POWERS AND DUTIES OF THE 30 BOARD, TO PROVIDE FOR FEES, TO PROVIDE FOR THE PAYMENT OF COSTS AND 31 EXPENSES, TO PROVIDE FOR LICENSING BY THE BUREAU OF OCCUPATIONAL LICENSES, 32 TO PROVIDE FOR LICENSES, TO REQUIRE THE BOARD TO KEEP AND THE BUREAU TO 33 MAINTAIN CERTAIN RECORDS, TO PROVIDE FOR THE SUBMISSION AND REVIEW OF 34 APPLICATIONS FOR LICENSURE, TO PROVIDE LICENSE CATEGORIES, TO PROVIDE 35 APPLICANT REQUIREMENTS, TO PROVIDE FOR ENDORSEMENT AND LICENSURE OF PER- 36 SONS LICENSED IN OTHER STATES PROVIDED CERTAIN QUALIFICATIONS ARE MET, TO 37 PROVIDE REQUIREMENTS FOR THE ANNUAL RENEWAL OF LICENSES, TO PROVIDE FOR 38 THE REVOCATION OR SUSPENSION OF LICENSES, TO PROVIDE FOR POWERS OF THE 39 BOARD, TO PROVIDE PROCEDURES FOR DISCIPLINARY PROCEEDINGS, TO PROVIDE FOR 40 VIOLATIONS AND PENALTIES, TO PROVIDE FOR DUTIES OF PROSECUTING ATTORNEYS 41 AND THE ATTORNEY GENERAL; AMENDING SECTION 39-105, IDAHO CODE, TO REVISE 42 THE POWERS AND DUTIES OF THE DIRECTOR OF THE DEPARTMENT OF ENVIRONMENTAL 43 QUALITY; AMENDING SECTION 67-2601, IDAHO CODE, TO INCLUDE THE BOARD OF 44 DRINKING WATER AND WASTEWATER PROFESSIONALS IN THE DEPARTMENT OF SELF-GOV- 45 ERNING AGENCIES; AND DECLARING AN EMERGENCY. 46 Be It Enacted by the Legislature of the State of Idaho: 8 1 SECTION 3. That Title 54, Idaho Code, be, and the same is hereby amended 2 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap- 3 ter 24, Title 54, Idaho Code, and to read as follows: 4 CHAPTER 24 5 DRINKING WATER AND WASTEWATER 6 PROFESSIONALS LICENSING ACT 7 54-2401. SHORT TITLE -- DECLARATION OF POLICY. (1) This chapter shall be 8 known and cited as the "Drinking Water and Wastewater Professionals Licensing 9 Act." 10 (2) In order to protect the public health, safety and welfare, and safe- 11 guard the water and land resources of Idaho, the practice of drinking water 12 operators, wastewater operators, and backflow assembly testers in this state 13 is hereby declared to be subject to regulation in the public interest. 14 54-2402. LICENSE REQUIRED. It shall be unlawful for any person who is not 15 licensed under the provisions of this chapter to operate, offer to operate, be 16 in responsible charge of, or to otherwise serve as operating personnel at any 17 public drinking water system or any public wastewater system as defined in the 18 provisions of this chapter. Operating personnel shall include every person 19 making system control or system integrity decisions about water quantity or 20 water quality that may affect public health. It shall be unlawful for any per- 21 son to use, in connection with their name or otherwise assume or advertise, 22 any title or description tending to convey the impression of being a water or 23 wastewater system operator, unless such person has been duly registered and 24 possesses a current license in good standing issued by the board or is other- 25 wise exempted under the provisions of this chapter. Furthermore, it shall be 26 unlawful for any person who is the designated responsible charge operator of a 27 drinking water or wastewater system to not be licensed at a category class 28 equal to or greater than the classification of the drinking water or wastewa- 29 ter system. It shall be unlawful for any person to perform backflow assembly 30 testing or inspection unless such person is licensed under the provisions of 31 this chapter. The right to practice as a drinking water operator, wastewater 32 operator, or backflow assembly tester shall be deemed a personal right, based 33 on the qualifications of the individual as evidenced by a current license, and 34 shall not be transferable. Provided however, that persons licensed, regis- 35 tered or otherwise regulated by the state of Idaho to practice a profession 36 shall not be required to obtain a license under this act in order to practice 37 within the scope of practice of the profession for which they are licensed, 38 registered or otherwise regulated. 39 54-2403. DEFINITIONS. As used in this chapter: 40 (1) "Backflow assembly tester" means a person who tests backflow preven- 41 tion assemblies and who holds a current Idaho backflow assembly tester 42 license. 43 (2) "Backflow prevention assembly" means a set of mechanical components, 44 which prevents the undesired backflow of water or other liquids into a potable 45 water system, and can be in-line tested and repaired. 46 (3) "Board" means the state board of drinking water and wastewater pro- 47 fessionals as provided in section 54-2404, Idaho Code. 48 (4) "Bureau" means the Idaho bureau of occupational licenses. 49 (5) "Certified" means the board has confirmed that an applicant has met 50 all the requirements for licensure under this chapter and has approved the 51 issuance of a license to practice in Idaho under the provisions of this chap- 9 1 ter. 2 (6) "Collection system" means that portion of the wastewater system in 3 which wastewater is received from the premises of the discharger and conveyed 4 to the point of treatment through a series of lines, pipes, manholes, 5 pumps/liftstations and other appurtenances. 6 (7) "Distribution system" means that portion of the water utility in 7 which water is stored and conveyed from the water treatment plant or other 8 supply point to the premises of a consumer. 9 (8) "Drinking water operator" means any person who operates public drink- 10 ing water systems, water treatment plants or other systems in order to treat 11 water so that it is safe to drink and who holds a current Idaho water system 12 operator license. 13 (9) "Laboratory analyst" means any person responsible for conducting lab- 14 oratory analysis tasks in the laboratory of a wastewater system. 15 (10) "License" means a physical document issued by the bureau certifying 16 that an individual has met the appropriate qualifications and has been granted 17 the authority to practice in Idaho under the provisions of this chapter. 18 (11) "Operator" or "operating personnel" means any person who is employed, 19 retained, or appointed to conduct the tasks associated with the day to day 20 operation and maintenance of a public drinking water system or a public waste- 21 water system. 22 (12) "Public drinking water system or public water system" means a system 23 for the provision to the public of water for human consumption through pipes 24 or other constructed conveyances, if such system has at least fifteen (15) 25 service connections or regularly serves an average of at least twenty-five 26 (25) individuals daily at least sixty (60) days of the year. Such term 27 includes any collection, treatment, storage, and distribution facilities under 28 control of the operator of such system, and used primarily in connection with 29 such system, and any collection or pretreatment storage facilities not under 30 such control which are used primarily in connection with such system. Every 31 community and nontransient noncommunity water system, and each transient water 32 system using a surface water source or ground water source directly influenced 33 by surface water, shall be operated by a certified drinking water operator. 34 (13) "Public wastewater system or wastewater system" means those systems, 35 including collection systems and treatment systems, that are owned by a city, 36 county, state or federal unit of government, a nonprofit corporation, dis- 37 trict, association, political subdivision or other public entity, or that gen- 38 erate or collect two thousand five hundred (2,500) or more gallons a day; or 39 that have been constructed in whole or in part with public funds. This does 40 not include any wastewater treatment system operated and maintained exclu- 41 sively by a single family residence or any wastewater system consisting solely 42 of a gravity flow, nonmechanical septic tank and subsurface treatment and dis- 43 tribution system, or industrial wastewater systems under private ownership. 44 (14) "Responsible charge" means active, daily, on-site, or on call respon- 45 sibility, for the performance of operations or active, ongoing, on-site and on 46 call direction of employees and assistants at a public drinking water system 47 or a public wastewater system. 48 (15) "Responsible charge operator" means an operator of a public drinking 49 water system, designated by the system owner, who holds a valid certificate at 50 a class equal to or greater than the drinking water system classification, who 51 is in responsible charge of the public drinking water system. 52 (16) "Wastewater operator" means a person who operates public wastewater 53 systems, or public wastewater treatment plants or other systems, in order to 54 remove harmful pollutants from domestic and industrial liquid waste so that it 55 is safe to return to the environment, and who holds a current Idaho wastewater 10 1 system operator license. 2 54-2404. STATE BOARD ESTABLISHED -- MANNER OF APPOINTMENT -- QUALIFICA- 3 TIONS -- TERMS OF OFFICE -- REMOVAL FROM OFFICE. (1) In order to safeguard 4 the environment and protect the public health and establish the minimum compe- 5 tency requirements of persons whose duties are identified in this chapter, 6 there is hereby established in the department of self-governing agencies a 7 board of drinking water and wastewater professionals for drinking water and 8 wastewater operators and backflow assembly testers, hereinafter called the 9 board. 10 (2) The governor shall, within thirty (30) days after the effective date 11 of this chapter, appoint seven (7) members to the board, two (2) of whom shall 12 be drinking water system operators, two (2) of whom shall be wastewater sys- 13 tem operators, and one (1) who shall be a backflow assembly tester, all of 14 whom shall be citizens of the United States, residents of the state of Idaho 15 and licensed under the provisions of this chapter, and one (1) who shall be 16 lawfully entitled to reside in the United States and be a resident of the 17 state of Idaho and not be licensed under the provisions of this chapter or 18 otherwise affiliated with water or wastewater operations within five (5) years 19 of the time of appointment, and one (1) who shall be the director of the Idaho 20 department of environmental quality or the director's designated agent. 21 (3) The members of the first board shall serve for the following terms: 22 one (1) drinking water member and one (1) wastewater member shall serve for 23 one (1) year; one (1) drinking water member and one (1) wastewater member 24 shall serve for two (2) years; and the backflow assembly tester and the public 25 member shall serve for three (3) years from the effective date of appointment 26 or until a successor is duly appointed and qualified. Upon the expiration of 27 the term of any member of the board, the governor shall appoint each member 28 for a term of three (3) years. Each member shall hold office until the expira- 29 tion of the term for which said member is appointed. Each member shall serve 30 until a successor is appointed. No member shall be appointed for more than two 31 (2) successive terms or a total of two (2) terms during the life of the board 32 or member. 33 (4) The governor may remove any member of the board for misconduct, 34 incompetence, neglect of duty, or for any other cause. 35 54-2405. STATE BOARD PROCEDURES -- PAYMENT OF EXPENSES OF BOARD MEMBERS. 36 (1) The members of the board shall, as soon as appointed, organize and at 37 least annually thereafter elect from their number a chairman. The board shall 38 hold at least two (2) meetings each year to transact such business as may be 39 necessary to carry out the provisions of this chapter. Four (4) members of the 40 board shall constitute a quorum and special meetings of the board shall be 41 called by the chairman upon written request of any three (3) members; all 42 meetings shall be open to the public. 43 (2) The members of the board shall be compensated as provided by section 44 59-509(g), Idaho Code, subject to availability of funds collected under the 45 provisions of this chapter. 46 54-2406. POWERS AND DUTIES OF BOARD. (1) It shall be the duty of the 47 board to carry out the provisions of this chapter, review applications, con- 48 duct written examinations, charge such fees as the board deems reasonable to 49 cover the cost of licensing, keep records of its transactions, administer dis- 50 ciplinary actions, and record all matters which appropriately may come before 51 it. The board shall have the power to adopt and amend rules including, but not 52 limited to, a code of ethics and standards of conduct that may be reasonably 11 1 necessary for the proper performance of its duties and the administration of 2 this chapter and the regulation of proceedings before the board. The board 3 shall, by written agreement, authorize the bureau of occupational licenses as 4 agent to act in its interest. 5 (2) The board may adopt license requirements for subcategories based on 6 the size and type of system or for other related areas of expertise, such as 7 backflow assembly testers for public drinking water systems. 8 54-2407. FEES -- PAYMENT OF COSTS AND EXPENSES. (1) The bureau of occupa- 9 tional licenses shall collect a fee not to exceed one hundred dollars ($100) 10 for each application, each administration of an examination, each original 11 license, and each annual renewal of any license issued pursuant to this chap- 12 ter, and shall deposit all fees in the state treasury in accordance with sec- 13 tion 67-2605, Idaho Code. The actual fees shall be set by board rule. The 14 bureau shall also collect a fee equal to that charged by the examination pro- 15 vider when an examination is required as a condition of licensure. All 16 required fees shall not be prorated and are nonrefundable. 17 (2) All fees received under the provisions of this chapter shall be paid 18 to the bureau of occupational licenses and deposited in the state treasury to 19 the credit of the occupational licenses fund and all costs and expenses incur- 20 red under the provisions of this chapter shall be charged against and paid 21 from said fund. 22 54-2408. LICENSES -- RECORDS. (1) The bureau of occupational licenses 23 shall, upon the approval of the board and subject to the provisions of this 24 chapter, register and issue licenses to persons who have been approved by the 25 board in accordance with this chapter. The licenses shall bear on their face 26 the seal of the state and the signature of the chief of the bureau of occupa- 27 tional licenses, and will be effective until the next birthday of the individ- 28 ual being certified. Licenses so issued shall be renewed annually in accor- 29 dance with section 67-2614, Idaho Code. The provisions of sections 67-2609 30 through 67-2614, Idaho Code, shall apply to licenses issued pursuant to this 31 chapter. 32 (2) The board shall keep and the bureau shall maintain a record of board 33 proceedings and a register of all applications that show: 34 (a) The name, age, social security number and residency of each appli- 35 cant; 36 (b) The date of application; 37 (c) The place of business of such applicant; 38 (d) The educational and other qualifications of each applicant; 39 (e) Whether or not an examination was required; 40 (f) Whether the applicant was rejected; 41 (g) Whether a license was issued; 42 (h) The dates of the action by the board; 43 (i) Compliance with continuing education requirements; and 44 (j) Such other information as may be deemed necessary by the board. 45 54-2409. APPLICATION FORM -- LICENSE CATEGORIES -- QUALIFICATIONS FOR 46 REGISTRATION AND LICENSE. (1) The board shall approve an application form for 47 the use of applicants. Each applicant shall submit an original application to 48 the board and provide information and documentation as the board may require 49 including, but not limited to, information relating to the education and expe- 50 rience of the applicant. The board shall accept for review the complete appli- 51 cation of any person whose application, accompanied by the necessary documen- 52 tation and fees, is submitted. The board shall carefully evaluate each appli- 12 1 cation, and shall approve the registration and issuance of a license to any 2 applicant of good moral character who has met the education, experience and 3 examination requirements set forth in this chapter and the rules adopted pur- 4 suant to the provisions of this chapter. If the board finds upon the basis of 5 evidence submitted, and in accordance with the provisions of this chapter, 6 that the applicant does not meet the requirements, the application shall be 7 denied and any fees submitted shall not be refunded. 8 (2) The board shall issue licenses in the following categories: 9 (a) Drinking water distribution operator and drinking water treatment 10 operator classes; 11 (b) Wastewater treatment operator, wastewater collection system operator, 12 and wastewater laboratory analyst classes; 13 (c) Backflow assembly tester. 14 (3) Each applicant for licensure as a water system operator or wastewater 15 system operator shall submit to the board a complete application with the 16 required fee and provide documentation of having met the following require- 17 ments prior to being considered for a license: 18 (a) Be a lawful resident of the United States; 19 (b) Possess a high school diploma, GED, or the equivalent; 20 (c) Document additional education as outlined by rule; 21 (d) Document such experience as is required by rule; 22 (e) Successful completion of and a passing grade on the required examina- 23 tion; and 24 (f) Other such requirements as may be determined by board rule. 25 54-2410. ENDORSEMENT -- LICENSES FROM OTHER STATES. Any person who holds 26 a valid license to practice as a drinking water system operator or a wastewa- 27 ter system operator or a backflow assembly tester from any other state in 28 which the legally enacted qualifications for licensure are not lower than the 29 qualifications for licensure set forth in this chapter and in the rules 30 adopted pursuant hereto, may upon proper application and payment of a fee as 31 may be established by board rule not to exceed one hundred dollars ($100), and 32 with the approval of the board, be accepted for licensure under the provisions 33 of this chapter. 34 54-2411. ANNUAL RENEWAL OF LICENSE. Every person licensed under the pro- 35 visions of this chapter shall annually pay the prescribed renewal fee and cer- 36 tify compliance with continuing education requirements and provide such other 37 information as the board may request. Any license canceled for failure to meet 38 the renewal requirements may be reinstated according to section 67-2614, Idaho 39 Code. 40 54-2412. REVOCATION OR SUSPENSION OF LICENSE -- POWERS OF BOARD -- PROCE- 41 DURES FOR DISCIPLINARY PROCEEDINGS. (1) The board shall have the power to 42 revoke, suspend, refuse to issue, refuse to renew, or otherwise limit any 43 license or certificate issued pursuant to the provisions of this chapter for 44 any of the following: 45 (a) Procuring a license or registration by knowingly making a false 46 statement, submitting false information, refusing to provide complete 47 information in response to a question in an application for licensure or 48 through any form of fraud or misrepresentation; 49 (b) Being convicted of a felony; 50 (c) Misrepresentation, or fraudulent representation in the performance of 51 any duty, conduct or activity regulated under this chapter; 52 (d) Violating the provisions of this chapter or any rules of the board or 13 1 any code of conduct or ethical standards adopted by the board; 2 (e) Being negligent or incompetent; 3 (f) Failing to provide appropriate and personal supervision, if acting as 4 the designated responsible charge operator, to any person gaining experi- 5 ence under the provisions of this chapter. 6 (2) The board shall have the power to administer oaths, take depositions 7 of witnesses within or without the state in the manner provided by law in 8 civil cases, and shall have power throughout the state of Idaho to require the 9 attendance of such witnesses and the production of such books, records and 10 papers as it may desire, relevant to any hearing before it of any matter which 11 it has authority to investigate, and for that purpose the board may issue a 12 subpoena for any witness or a subpoena duces tecum to compel the production of 13 books, records or papers, directed to the sheriff of any county of the state 14 of Idaho where such witness resides or may be found, which shall be served and 15 returned in the same manner as a subpoena in a criminal case. 16 (3) The procedures for disciplinary proceedings shall be in compliance 17 with the Idaho administrative procedure act and the rules of the office of the 18 attorney general and the bureau of occupational licenses. 19 54-2413. VIOLATIONS AND PENALTIES. Any person who shall practice or 20 attempt to offer to practice as a drinking water operator or wastewater opera- 21 tor or backflow assembly tester, as defined in this chapter, without having at 22 the time of so doing a current, unexpired, unrevoked, and unsuspended license 23 issued under this chapter shall be deemed guilty of a misdemeanor and, for 24 each violation, shall be subject to punishment by a fine of not more than one 25 thousand dollars ($1,000) or by imprisonment for a period of not more than six 26 (6) months, or both. 27 54-2414. DUTY OF PROSECUTING ATTORNEY -- DUTY OF ATTORNEY GENERAL. It 28 shall be the duty of the prosecuting attorney of each county to prosecute all 29 violations of this chapter constituting a violation of criminal law and it 30 shall be the duty of the attorney general of the state of Idaho to prosecute 31 any administrative actions brought under the provisions of this chapter as 32 requested by the board. 33 SECTION 4. That Section 39-105, Idaho Code, be, and the same is hereby 34 amended to read as follows: 35 39-105. POWERS AND DUTIES OF THE DIRECTOR. The director shall have the 36 following powers and duties: 37 (1) All of the rights, powers and duties regarding environmental protec- 38 tion functions vested in the department of health and welfare, and its direc- 39 tor, administered by the division of environmental quality, including, but not 40 limited to, those provided by chapters 1, 4, 30, 36, 44, 58, 62, 64, 65, 66, 41 70, 71, 72 and 74, title 39, Idaho Code. The director shall have all such 42 powers and duties as described in this section as may have been or could have 43 been exercised by his predecessors in law, and shall be the successor in law 44 to all contractual obligations entered into by predecessors in law. All hear- 45 ings of the director shall be governed by the provisions of chapter 52, title 46 67, Idaho Code. 47 (2) The director shall, pursuant and subject to the provisions of the 48 Idaho Code, and the provisions of this act, formulate and recommend to the 49 board, rules as may be necessary to deal with problems related to water pollu- 50 tion, air pollution, solid waste disposal, and licensure and certification 51 requirements pertinent thereto, which shall, upon adoption by the board, have 14 1 the force of the law relating to any purpose which may be necessary and feasi- 2 ble for enforcing the provisions of this act, including, but not limited to, 3 the prevention, control or abatement of environmental pollution or degradation 4 including radionuclides and risks to public health related to any of the 5 powers and duties described in this section. Any such rule may be of general 6 application throughout the state or may be limited as to times, places, cir- 7 cumstances or conditions in order to make due allowance for variations 8 therein. 9 (3) The director, under the rules adopted by the board, shall have the 10 general supervision of the promotion and protection of the environment of this 11 state. The powers and duties of the director shall include, but not be limited 12 to, the following: 13 (a) The issuance of licenses and permits as prescribed by law and by the 14 rules of the board promulgated hereunder. For each air quality operating 15 permit issued under title V of the federal clean air act and its imple- 16 menting regulations, the director shall, consistent with the federal clean 17 air act and its implementing regulations, expressly include a provision 18 stating that compliance with the conditions of the permit shall be deemed 19 compliance with the applicable requirements of the federal clean air act 20 and the title V implementing regulations. The director may develop and 21 issue general permits covering numerous similar sources, as authorized by 22 40 CFR 70.6(d) as may be amended, and as appropriate. 23 (b) The enforcement of rules relating to public water supplies and to 24 administer the drinking water loan fund pursuant to chapter 76, title 39, 25 Idaho Code, including making loans to eligible public drinking water sys- 26 tems as defined in the federal safe drinking water act as amended, and to 27 comply with all requirements of the act, 42 U.S.C. 300f, et seq. and regu- 28 lations promulgated pursuant to the act. This includes, but is not limited 29 to,the adoption and implementation of an operator certification program;30 the development of and implementation of a capacity development strategy 31 to ensure public drinking water systems have the technical, managerial and 32 financial capability to comply with the national primary drinking water 33 regulations; and the enhancement of protection of source waters for public 34 drinking water systems. 35 (c) The establishment of liaison with other governmental departments, 36 agencies and boards in order to effectively assist other governmental 37 entities with the planning for the control of or abatement of environmen- 38 tal pollution. All of the rules adopted by the board hereunder shall apply 39 to state institutions. 40 (d) The supervision and administration of a system to safeguard air qual- 41 ity and for limiting and controlling the emission of air contaminants. 42 (e) The supervision and administration of a system to safeguard the qual- 43 ity of the waters of this state including, but not limited to, the 44 enforcement of rules relating to the discharge of effluent into the waters 45 of this state and the storage, handling and transportation of solids, liq- 46 uids, and gases which may cause or contribute to water pollution. For pur- 47 poses of complying with the clean water act, the director may provide an 48 exemption from additional reductions for those nonpoint sources that meet 49 the applicable reductions set forth in an approved TMDL as defined in 50 chapter 36, title 39, Idaho Code. 51 (f) The supervision and administration of administrative units whose 52 responsibility shall be to assist and encourage counties, cities, other 53 governmental units, and industries in the control of and/or abatement of 54 environmental pollution. 55 (g) The administration of solid waste disposal site and design review in 15 1 accordance with the provisions of chapter 74, title 39, Idaho Code, and 2 chapter 4, title 39, Idaho Code, and in particular as follows: 3 (i) The issuance of a solid waste disposal site certificate in the 4 manner provided in chapter 74, title 39, Idaho Code. 5 (ii) Provide review and approval regarding the design of solid waste 6 disposal facilities and ground water monitoring systems and approval 7 of all applications for flexible standards as provided in 40 CFR 258, 8 in accordance with the provisions of chapter 74, title 39, Idaho 9 Code. 10 (iii) Cooperating and coordinating with operational monitoring of 11 solid waste disposal sites by district health departments pursuant to 12 authority established in chapters 4 and 74, title 39, Idaho Code. 13 (iv) The authority granted to the director pursuant to provisions of 14 this subsection shall be effective upon enactment of chapter 74, 15 title 39, Idaho Code, by the legislature. 16 (v) The authority to develop and propose rules as necessary to sup- 17 plement details of compliance with the solid waste facilities act and 18 applicable federal regulations, provided that such regulations shall 19 not conflict with the provisions of this act nor shall such regula- 20 tions be more strict than the requirements established in federal law 21 or in the solid waste facilities act. 22 (h) The enforcement of all laws, rules, regulations, codes and standards 23 relating to environmental protection and health. 24 (i) Theadoption and implementation of a public wastewater operator cer-25tification program to ensure the operators of public wastewater treatment26facilities have the technical expertise and certification to comply with27federal regulations and state rules dealing with wastewater; and the28 enhancement and protection of source waters of the state pursuant to rules 29 of the board. 30 (4) The director, when so designated by the governor, shall have the 31 power to apply for, receive on behalf of the state, and utilize any federal 32 aid, grants, gifts, gratuities, or moneys made available through the federal 33 government including, but not limited to, the federal water pollution control 34 act, for use in or by the state of Idaho in relation to health and environmen- 35 tal protection. 36 (5) The director shall have the power to enter into and make contracts 37 and agreements with any public agencies or municipal corporation for facili- 38 ties, land, and equipment when such use will have a beneficial or recreational 39 effect or be in the best interest in carrying out the duties imposed upon the 40 department. 41 The director shall also have the power to enter into contracts for the 42 expenditure of state matching funds for local purposes. This subsection will 43 constitute the authority for public agencies or municipal corporations to 44 enter into such contracts and expend money for the purposes delineated in such 45 contracts. 46 (6) The director is authorized to adopt an official seal to be used on 47 appropriate occasions, in connection with the functions of the department or 48 the board, and such seal shall be judicially noticed. Copies of any books, 49 records, papers and other documents in the department shall be admitted in 50 evidence equally with the originals thereof when authenticated under such 51 seal. 52 SECTION 5. That Section 67-2601, Idaho Code, be, and the same is hereby 53 amended to read as follows: 16 1 67-2601. DEPARTMENT CREATED -- ORGANIZATION -- DIRECTOR -- BUREAU OF 2 OCCUPATIONAL LICENSES CREATED. (1) There is hereby created the department of 3 self-governing agencies. The department shall, for the purposes of section 20, 4 article IV of the constitution of the state of Idaho, be an executive depart- 5 ment of the state government. 6 (2) The department shall consist of the following: 7 (a) Agricultural commodity commissions: Idaho apple commission, as pro- 8 vided by chapter 36, title 22, Idaho Code; Idaho bean commission, as pro- 9 vided by chapter 29, title 22, Idaho Code; Idaho beef council, as provided 10 by chapter 29, title 25, Idaho Code; Idaho cherry commission, as provided 11 by chapter 37, title 22, Idaho Code; Idaho dairy products commission, as 12 provided by chapter 31, title 25, Idaho Code; Idaho pea and lentil commis- 13 sion, as provided by chapter 35, title 22, Idaho Code; Idaho potato com- 14 mission, as provided by chapter 12, title 22, Idaho Code; Idaho prune com- 15 mission, as provided by chapter 30, title 22, Idaho Code; and the Idaho 16 wheat commission, as provided by chapter 33, title 22, Idaho Code. 17 (b) Professional and occupational licensing boards: Idaho state board of 18 certified public accountancy, as provided by chapter 2, title 54, Idaho 19 Code; board of acupuncture, as provided by chapter 47, title 54, Idaho 20 Code; board of architectural examiners, as provided by chapter 3, title 21 54, Idaho Code; office of the state athletic director, as provided by 22 chapter 4, title 54, Idaho Code; board of barber examiners, as provided by 23 chapter 5, title 54, Idaho Code; board of commissioners of the Idaho state 24 bar, as provided by chapter 4, title 3, Idaho Code; board of chiropractic 25 physicians, as provided by chapter 7, title 54, Idaho Code; Idaho board of 26 cosmetology, as provided by chapter 8, title 54, Idaho Code; Idaho coun- 27 selor licensing board, as provided by chapter 34, title 54, Idaho Code; 28 state board of dentistry, as provided by chapter 9, title 54, Idaho Code; 29 state board of denturitry, as provided by chapter 33, title 54, Idaho 30 Code; state board of engineering examiners, as provided by chapter 12, 31 title 54, Idaho Code; state board for registration of professional geolo- 32 gists, as provided by chapter 28, title 54, Idaho Code; board of hearing 33 aid dealers and fitters, as provided by chapter 29, title 54, Idaho Code; 34 Idaho state board of landscape architects, as provided by chapter 30, 35 title 54, Idaho Code; state board of medicine, as provided by chapter 18, 36 title 54, Idaho Code, and its associated physical therapist advisory 37 board, as provided by chapter 22, title 54, Idaho Code; state board of 38 morticians, as provided by chapter 11, title 54, Idaho Code; board of 39 nurses, as provided by chapter 14, title 54, Idaho Code; board of examin- 40 ers of nursing home administrators, as provided by chapter 16, title 54, 41 Idaho Code; state board of optometry, as provided by chapter 15, title 54, 42 Idaho Code; Idaho outfitters and guides board, as provided by chapter 21, 43 title 36, Idaho Code; board of pharmacy, as provided by chapter 17, title 44 54, Idaho Code; state board of podiatry, as provided by chapter 6, title 45 54, Idaho Code; Idaho state board of psychologist examiners, as provided 46 by chapter 23, title 54, Idaho Code; Idaho real estate commission, as pro- 47 vided by chapter 20, title 54, Idaho Code; real estate appraiser board, as 48 provided by chapter 41, title 54, Idaho Code; board of social work examin- 49 ers, as provided by chapter 32, title 54, Idaho Code; the board of veteri- 50 nary medicine, as provided by chapter 21, title 54, Idaho Code;andthe 51 board of examiners of residential care facility administrators, as pro- 52 vided by chapter 42, title 54, Idaho Code; and the board of drinking water 53 and wastewater professionals, as provided by chapter 24, title 54, Idaho 54 Code. 55 (c) The board of examiners, pursuant to section 67-2001, Idaho Code. 17 1 (d) The division of building safety, to be headed by a division adminis- 2 trator and comprised of five (5) bureaus: plumbing, electrical, buildings, 3 public works contractor licensing, and logging and industrial safety. The 4 division administrator and bureau chiefs shall be nonclassified employees 5 exempt from the provisions of chapter 53, title 67, Idaho Code. The admin- 6 istrator of the division shall administer the provisions of chapter 40, 7 title 39, Idaho Code, relating to manufactured homes and recreational 8 vehicles; chapter 41, title 39, Idaho Code, relating to modular buildings; 9 chapter 21, title 44, Idaho Code, relating to manufactured home dealer and 10 broker licensing; chapter 10, title 54, Idaho Code, relating to electrical 11 contractors and journeymen; chapter 19, title 54, Idaho Code, relating to 12 licensing of public works contractors; chapter 26, title 54, Idaho Code, 13 relating to plumbing and plumbers; and shall perform such additional 14 duties as are imposed upon him by law. The division administrator shall 15 cooperate with the industrial commission and aid and assist the commission 16 in its administration of sections 72-720, 72-721 and 72-723, Idaho Code, 17 and at the request of the commission shall make inspection of appliances, 18 tools, equipment, machinery, practices or conditions, and make a written 19 report to the commission. The administrator shall make recommendations to 20 the commission to aid the commission in its administration of sections 21 72-720, 72-721 and 72-723, Idaho Code, provided however, that nothing 22 herein shall be construed as transferring to the administrator any of the 23 authority or powers now vested in the industrial commission. 24 (e) The division of veterans services to be headed by a division adminis- 25 trator who shall be a nonclassified employee exempt from the provisions of 26 chapter 53, title 67, Idaho Code. The administrator of the division shall 27 administer the provisions of chapter 2, title 65, Idaho Code, and chapter 28 9, title 66, Idaho Code, with the advice of the veterans affairs commis- 29 sion established under chapter 2, title 65, Idaho Code, and shall perform 30 such additional duties as are imposed upon him by law. 31 (3) The bureau of occupational licenses is hereby created within the 32 department of self-governing agencies. 33 SECTION 6. An emergency existing therefor, which emergency is hereby 34 declared to exist, this act shall be in full force and effect on and after its 35 passage and approval.
STATEMENT OF PURPOSE RS13694 Protection of public health requires the use of licensed professionals for operating water and wastewater utilities, and testing backflow assemblies. This legislation provides for the transfer of licensure responsibilities for Drinking Water and Wastewater Professionals from the Department of Environmental Quality to the Bureau of Occupational Licenses (IBOL). It sets forth the policy, title, required license and definitions. Additionally, it provides for a board, to be appointed by the Governor, with qualifications, number, terms of office, removal from office, procedures, powers and duties. It states finances, fees, providing for the issuance of licenses with an annual renewal. It provides for the revocation or suspension of licenses, violations and penalties. It establishes that an emergency exists and that this act shall be in full force and effect on and after its passage and approval. The IBOL will provide administrative, legal and financial services to the board. FISCAL IMPACT There will be no impact to the General or Dedicated funds. This will be a self-supporting program funded by operator licensing fees. CONTACT Name: Jess Byrne Agency: Environmental Quality, Dept of Phone: 208-373-0114 Statement of Purpose/Fiscal Impact S 1279