ENGROSSED SENATE
BILL NO. 110	By:	Myers and Fields of the Senate

			and

		Sanders, DeWitt and Ortega of the House

An Act relating to waterworks and wastewater operators; amending 59 O.S. 2001, Section 1101, which relates to the Waterworks and Wastewater Works Operator Certification Act; updating statutory reference; amending 59 O.S. 2001, Section 1103, as last amended by Section 1, Chapter 14, O.S.L. 2008 (59 O.S. Supp. 2010, Section 1103), which relates to certain Advisory Council; removing requirement for Sunset review; deleting obsolete language; amending 59 O.S. 2001, Section 1104, as amended by Section 1, Chapter 154, O.S.L. 2006 (59 O.S. Supp. 2010, Section 1104), which relates to agency rules; updating statutory reference; amending 59 O.S. 2001, Section 1107, which relates to operator application process; updating statutory language; modifying term of license and renewal process; amending 59 O.S. 2001, Section 1108, which relates to temporary certificates; updating statutory language; and amending 59 O.S. 2001, Section 1114, which relates to powers of regulatory authority; clarifying reference; providing an effective date; and declaring an emergency.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     59 O.S. 2001, Section 1101, is amended to read as follows:
Section 1101.  A.  Sections 275 through 289 Section 1101 et seq. of this act title shall be known and may be cited as the "Waterworks and Wastewater Works Operator Certification Act".
B.  The Waterworks and Wastewater Works Operator Certification Act is declared to be necessary to safeguard life, health, and property, and to protect the waters of this state.
SECTION 2.     AMENDATORY     59 O.S. 2001, Section 1103, as last amended by Section 1, Chapter 14, O.S.L. 2008 (59 O.S. Supp. 2010, Section 1103), is amended to read as follows:
Section 1103.  A.  The Waterworks and Wastewater Works Advisory Council is hereby re-created, to continue until July 1, 2012, in accordance with the provisions of the Oklahoma Sunset Law.  The Advisory Council shall consist of nine (9) members appointed as follows:
1.  The Governor shall appoint three members as follows:
a.	one member who holds a certificate under the terms and conditions of which he the member could lawfully be the operator of a municipal waterworks for an initial term of three (3) years,
b.	one member representing higher education and the Environmental Training Center for the State of Oklahoma for an initial term of two (2) years, and
c.	one member appointed from a list of six or more nominees submitted by the Oklahoma Municipal League;
2.  The President Pro Tempore of the Senate shall appoint three members as follows:
a.	two members appointed from a list of twelve or more nominees submitted by the Oklahoma Water and Pollution Control Association, and
b.	one member appointed from a list of twelve or more nominees submitted by the Oklahoma Rural Water Association;
3.  The Speaker of the House of Representatives shall appoint three members as follows:
a.	one member who holds a certificate under the terms and conditions of which he the member could lawfully be the operator of a municipal waterworks for an initial term of three (3) years,
b.	one member who holds a certificate under the terms and conditions of which he the member could lawfully be the operator of a municipal wastewater works for an initial term of two (2) years, and
c.	one member appointed from a list of twelve or more nominees submitted by the Oklahoma Rural Water Association.
B.  Persons serving on the Waterworks and Wastewater Works Advisory Council as of June 30, 1993, shall continue to serve on such Council for terms stated below unless a vacancy is created by resignation, death or any other cause resulting in an unexpired term.  Such vacancy shall be filled by appointment as provided in subsection A of this section for a term of three (3) years.  Members continuing to serve are:
1.  One member appointed from a list of six or more nominees submitted by the Oklahoma Municipal League, whose term shall expire June 30, 1994, and whose successor shall be appointed by the Governor;
2.  One member appointed from a list of twelve or more nominees submitted by the Oklahoma Water and Pollution Control Association, whose term shall expire June 30, 1994, and whose successor shall be appointed by the President Pro Tempore of the Senate;
3.  One member appointed from a list of twelve or more nominees submitted by the Oklahoma Water and Pollution Control Association, whose term shall expire June 30, 1995, and whose successor shall be appointed by the President Pro Tempore of the Senate;
4.  One member appointed from a list of twelve or more nominees submitted by the Oklahoma Rural Water Association, whose term shall expire June 30, 1996, and whose successor shall be appointed by the President Pro Tempore of the Senate; and
5.  One member appointed from a list of twelve or more nominees submitted by the Oklahoma Rural Water Association, whose term shall expire June 30, 1994, and whose successor shall be appointed by the Speaker of the House of Representatives.
C.  Each member shall be appointed to serve a term of office of three (3) years, except that the term of those first appointed shall expire as specified in subsection A above.  Any vacancy shall be filled pursuant to subsection A of this section.
D. C.  The Council shall elect a chair and vice-chair from among its members.  Five members shall constitute a quorum.  Each The Council shall meet as required for rule development, review and recommendation and for such other purposes specified by law.  Special meetings may be called by the chair or by the concurrence of any three members.
E. D.  Of the nominees on each list referenced in subsection A of this section, one-third shall be individuals certified as competent to operate a municipal waterworks and one-third shall be individuals certified as competent to operate municipal wastewater works.
F. E.  Members of the Council shall serve without compensation but may be reimbursed expenses incurred in the performance of their duties as provided by the State Travel Reimbursement Act.  The Council is authorized to utilize the conference rooms of the Department and obtain administrative assistance from the Department as required.
G. F.  The Council shall not recommend rules for promulgation of by the Environmental Quality Board unless all applicable requirements of the Administrative Procedures Act have been followed including requirements relating to, but not limited to, notice, rule impact statement and rulemaking hearings.  The Council shall perform the duties specified in subsection I of Section 2-2-201 of Title 27A of the Oklahoma Statutes for the Department of Environmental Quality Advisory Councils and shall perform other duties as may be assigned to it by the Department.
SECTION 3.     AMENDATORY     59 O.S. 2001, Section 1104, as amended by Section 1, Chapter 154, O.S.L. 2006 (59 O.S. Supp. 2010, Section 1104), is amended to read as follows:
Section 1104.  The Environmental Quality Board shall have the power and duty to promulgate such rules, including requirements, restrictions and conditions relating to the hiring or contracting of licensed public water supply or wastewater operators pursuant to the provisions of Section 2 1118 of this act title and the establishment of a fee schedule pursuant to Section 2-3-402 of Title 27A of the Oklahoma Statutes, as it may deem necessary to the carrying out of the provisions and purposes of the Waterworks and Wastewater Works Operator Certification Act.
SECTION 4.     AMENDATORY     59 O.S. 2001, Section 1107, is amended to read as follows:
Section 1107.  A.  Upon application, made upon a form to be prescribed by the Department of Environmental Quality, by an individual not less than eighteen (18) years of age, the Department shall issue a certificate when the applicant has paid a nonrefundable application fee and has met any one either of the following qualifications:
1.  An applicant who successfully completes training and examination as prescribed by the Department; or
2.  An applicant who holds a license or certificate issued by any other state or territory of the United States, and currently valid at the time he the applicant makes application hereunder, similar to a certificate provided for herein, where the requirements of such other state or territory for the issuance of a license or certificate, at the time such applicant received said that license or certificate, were of a level found by the Department to be the equivalent of the standards required hereby for a certificate of similar kind.  Provided, however, that no No certificate shall be issued under this paragraph unless the holder of a certificate under this act the Waterworks and Wastewater Works Operator Certification Act would be issued a similar license or certificate by such other state or territory under substantially the same conditions.
B.  All fees shall be deposited in the Certification Fund.
C.  Any 1.  Except as provided in paragraphs 2 and 3 of this subsection, any certificate issued under this section shall be renewable annually for the a period from July 1 to June 30 of two years.  The two-year period shall extend from the first day of the applicant’s birth month through the last day of the month that immediately precedes the applicant’s birth month.
2.  For an individual certified prior to July 1, 2011, the first renewal certificate issued on or after July 1, 2011, shall expire between July 31, 2011, and June 30, 2012, on the last day of the month that immediately precedes the individual’s birth month.  For an individual newly certified or reactivating a certification on or after July 1, 2011, the new or reactivated certificate shall expire in one year or less, on the last day of the month that immediately precedes the individual’s birth month.  For a new, renewal or reactivated certificate issued pursuant to this paragraph, the Department shall apply a prorated fee based on the number of months that such certificate is effective compared to the fee for a full-term certificate.
3.  If the individual’s birth date falls during the first day of the month through the fifteenth day of the month, the certificate issued under paragraph 2 shall be a one-year certificate.  If the individual’s birth date falls during the sixteenth day of the month through the last day of the month, the certificate issued under paragraph 2 shall be a two-year certificate.   In either case, succeeding renewals shall be subject to the two-year renewal provisions of paragraph 1.
D.  A certificate shall be renewed upon approval of the Department.  Application for such renewal shall be submitted to the Department on forms prescribed by the Department, shall be accompanied by a renewal fee as set by the Board and shall include documentation that the applicant has met the annual renewal training requirements of the Department.  The Department may allow a thirty-one-day thirty-day grace period for such renewals, from July 1 through July 31 following the expiration date of the certification, without requiring payment of a late fee as set by the Board, provided the applicant submits the required renewal fee and qualifies for such renewal.
E.  A certificate which is not so renewed by July 31 within thirty (30) days of the expiration date shall have no further force, effect or validity unless the Department, upon receipt of an application from the holder of the expired certificate within two (2) years after the certificate's June 30 renewal date of the certificate, reactivates such certificate.  Such reactivation application shall include the submission of data on forms prescribed by the Department, renewal and reactivation late fees as set by the Board, and documentation that the applicant has met the Department's renewal training requirements.  A reactivated certificate may be renewed annually thereafter as provided in this section.
F.  The holder of an expired and unreactivated certificate shall not be issued any new certificate unless he the applicant applies and qualifies therefor pursuant to the Waterworks and Wastewater Works Operator Certification Act.
SECTION 5.     AMENDATORY     59 O.S. 2001, Section 1108, is amended to read as follows:
Section 1108.  Any individual who, after the effective date of this act October 22, 1959, is employed or appointed as operator of a waterworks or wastewater works for the operation of which he the individual does not hold a certificate, or the operation of which would be contrary to the terms and conditions of any certificate held by such individual, shall be issued a temporary certificate for the operation of such works by the Department of Environmental Quality upon satisfactory application made therefor within ten (10) days after initial employment or appointment of such individual as the operator of such works, accompanied by a fee as set by the Board.  Such application shall be made under oath, and shall provide in addition any information required by the Department.  Said The temporary certificate shall expire one (1) calendar year after the date of the applicant's initial employment as the operator of such works, and shall not be renewable.  If such application is not made within said the ten (10) days, then the continuation of such individual as the operator of such works after said that ten (10) days shall be unlawful and shall constitute a violation of this act by both said the individual and the person owning or maintaining such works.  If the issuance of such temporary certificate is refused for any lawful reason, then the continuation of such individual as the operator of such works after thirty (30) days after the Department has mailed notice of such refusal to the person owning or maintaining such works, and to such applicant, shall be unlawful and shall constitute a violation of this act by both said the individual and the person owning or maintaining such works.  Not more than one temporary certificate shall be issued to the same individual during any five-year period.  This section shall not be applicable to or authorize the issuance of a temporary certificate to any individual who has had a certificate revoked or whose certificate is under suspension, or to whom the issuance or renewal or reactivation of a certificate has been refused, under Section 1113 1111 of this title, except where such individual has thereafter been reinstated or issued a certificate as provided in the Waterworks and Wastewater Works Operator Certification Act.
SECTION 6.     AMENDATORY     59 O.S. 2001, Section 1114, is amended to read as follows:
Section 1114.  The powers herein granted to the Commissioner Executive Director of the Department of Environmental Quality shall be exercised subject to such rules and regulations as the Board may make, which are applicable thereto.
SECTION 7.  This act shall become effective July 1, 2011.
SECTION 8.  It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval.
Passed the Senate the 14th day of March, 2011.

	
Presiding Officer 	of the Senate

Passed the House of Representatives the ____ day of __________, 2011.

	
Presiding Officer of the House
	of Representatives