2004 Legislation
Print Friendly

SENATE BILL NO. 1279 – Drinking water/wastewater systems

SENATE BILL NO. 1279

View Bill Status

View Bill Text

View Amendment

View Engrossed Bill (Original Bill with Amendment(s) Incorporated)

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                                       IN 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.

Amendment


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                                                     Moved 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)  The  adoption and implementation of a public wastewater operator cer-
 24        tification program to ensure the operators of public wastewater  treatment
 25        facilities   have the technical expertise and certification to comply with
 26        federal regulations and state  rules  dealing  with  wastewater;  and  the
 27        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;  and  the
 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;".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                                       IN 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)  The  adoption and implementation of a public wastewater operator cer-
 25        tification program to ensure the operators of public wastewater  treatment
 26        facilities   have the technical expertise and certification to comply with
 27        federal regulations and state  rules  dealing  with  wastewater;  and  the
 28        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;  and  the
 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 / Fiscal Impact


                     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