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S1279aa,aaH...........................................by HEALTH AND WELFARE
DRINKING WATER/WASTEWATER SYSTEMS - Adds to existing law to provide a
declaration of policy; to require licensing of certain operating personnel
for public drinking water systems and public wastewater systems and for
persons performing backflow assembly testing or inspection; to provide
exemptions to specified license requirements; to provide for the Board of
Drinking Water and Wastewater Professionals; to provide for licensing by
the Bureau of Occupational Licenses; to provide for the submission and
review of applications for licensure; to provide license categories; to
provide for endorsement and licensure of persons licensed in other states,
provided certain qualifications are met; to provide requirements for the
annual renewal, revocation and suspension of licenses; to provide
procedures for disciplinary proceedings; to provide for violations and
penalties; to provide for duties of prosecuting attorneys and the Attorney
General; and to include the Board of Drinking Water and Wastewater
Professionals in the Department of Self-Governing Agencies.
02/05 Senate intro - 1st rdg - to printing
02/06 Rpt prt - to Health/Wel
02/13 Rpt out - to 14th Ord
02/19 Rpt out amen - to engros
02/20 Rpt engros - 1st rdg - to 2nd rdg as amen
02/23 2nd rdg - to 3rd rdg as amen
02/26 3rd rdg as amen - PASSED - 28-0-7
AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
Calabretta, Cameron, Compton, Darrington, Geddes, Goedde, Hill,
Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie,
McWilliams, Noble, Noh, Richardson, Schroeder, Stegner, Stennett
NAYS -- None
Absent and excused -- Davis, Gannon, Pearce, Sorensen, Sweet, Werk,
Williams
Floor Sponsor - Brandt
Title apvd - to House
02/27 House intro - 1st rdg - to Env Aff
03/03 Rpt out - rec d/p - to 2nd rdg
To Gen Ord
03/08 Rpt out amen - to 1st rdg as amen
03/09 1st rdg - to 2nd rdg as amen
03/10 2nd rdg - to 3rd rdg as amen
03/11 3rd rdg as amen - PASSED - 66-0-4
AYES -- Andersen, Barraclough, Barrett, Bauer, Bayer, Bell, Black,
Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow,
Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge,
Field(18), Field(23), Gagner, Garrett, Harwood, Henbest, Jaquet,
Jones, Kellogg, Lake, Langford, Langhorst, Martinez, McGeachin,
McKague, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,
Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts, Rydalch,
Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30),
Smith(24), Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker
NAYS -- None
Absent and excused -- Bedke, Kulczyk, Robison, Smylie
Floor Sponsor - Edmunson
Title apvd - to Senate
03/12 To 10th Ord
03/15 Senate concurred in House amens - to engros
03/16 Rpt engros - 1st rdg - to 2nd rdg as amen
03/17 2nd rdg - to 3rd rdg as amen
03/18 3rd rdg as amen - PASSED - 35-0-0
AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes,
Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai,
Marley, McKenzie, McWilliams, Noble, Noh, Pearce, Richardson,
Schroeder, Sorensen, Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- None
Floor Sponsor - Brandt
Title apvd - to enrol
03/19 Rpt enrol - Pres signed - Sp signed
03/22 To Governor
03/24 Governor signed
Session Law Chapter 335
Effective: 03/24/04
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 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.
]]]] 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;".
]]]] 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
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