It is enacted by the General Assembly as follows:

SECTION 1. Title 23 of the general laws entitled "Health and Safety" is hereby amended by adding thereto the following chapter:

{ADD 23-65-1. Definitions. -- ADD} {ADD As used in this chapter:

(a) "Person" means any individual, partnership, firm, association, joint venture, public or private corporation, trust estate, commission, board, public or private institution, utility, cooperative, municipality or any other political subdivision of this state, any interstate body, or any other legal entity.

(b) "Operator" means an individual who is assigned the responsibility of one or more mechanical treatment units or processes or other important functions at a water supply treatment facility or of the operation of a transmission and distribution system of a water supply system.

(c) "Public water supply" means a system for the provisions of the public of piped water for human consumption, if such system has at least fifteen service connections or regularly serves at least twenty-five individuals daily at least sixty (60) days out of the year.

(d) "Water supply treatment facility" means an arrangement of devices and structures constructed and/or installed for the purpose of treatment of water supply.

(e) "Certificate" means a certificate of competency issued by the director to an individual to operator one or more specified classes of public water supply facilities.

(f) "Board" means the board of certification established by section 23-65.

(g) "Director" means the director of the Department of Health or a subordinate to whom the director has assigned his or her functions.

(h) "Superintendent" means the individual who is an operator who is directly responsible for the management, operation and maintenance of a water supply treatment facility or water transmission and distribution system during all working shifts and who shall hold a certificate appropriate to the type and grade of the water treatment facility or water transmission and distribution system.

(i) "Assistant superintendent" means the individual who is an operator who is responsible for the management, operation and maintenance of a water supply treatment facility or water transmission and distribution system in the absence of the superintendent and who shall have a certificate appropriate to the type and grade of the water treatment facility or water transmission and distribution system. Water system officials not working at the water system treatment facilities or transmission or distribution system, as further defined through the development and establishment of the board's rules and regulations, are not covered by this section.

(j) "Transmission and distribution system" means a network of pipes that transports, distributes and delivers water from a water treatment facility or well(s) to water system customers.

(k) "Community water supply" means any public water supply which served at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents.

(l) "Groundwater under the direct influence of surface water" means any water beneath the surface of the ground with (1) significant occurrence of insects or other microorganisms, algae, or large diameter pathogens such as Giardia Iamblia, or (2) significant and relatively rapid shifts in water characteristics such as turbidity, temperature, conductivity, or PH which closely correlate to climatological or surface water conditions. ADD}

{ADD 23-65-2. Board of certification of operators of water supply treatment and distribution facilities. -- ADD} {ADD There is hereby created within the department of health, a board of certification of operators of public water supply treatment and transmission and distribution facilities to insure the proper management, operation and maintenance of water supply treatment and distribution facilities.

The board shall be comprised of seven (7) persons, including the director of the department of health, or his/her designee and six (6) members appointed by the governor. Of the appointed members, one (1) shall be registered professional engineer engaged in the practice of water supply engineering, one (1) shall be from a list of qualified operators of a publicly owned water supply treatment facility in the state of Rhode Island which has been recommended by the executive committee of the Rhode Island Water Works Association, one (1) shall be from a list of qualified directors of a water supply facility who has general supervisory authority for a water supply facility which has been recommended by the executive committee of the Rhode Island Water Works Association, one (1) shall be a representative of a labor union, one (1) shall be a representative of business or industry, and one (1) shall be a residential consumer of water.

(b) Each member of the board shall serve for a term of four (4) years, provided, however, that of the initial members appointed to the board by the governor, two (2) shall be appointed for term of two (2) years, two (2) shall be appointed for terms of three (3) years, and two (2) shall be appointed for terms of four (4) years. As the term of office of a member of the board expires, his successor shall be appointed in like manner for a term of four (4) years provided that a member shall continue to serve until an appointment is made by the governor. Any vacancy shall be filled by the governor for the unexpired term. ADD}

{ADD (c) Any member of the board may be removed from office by the governor for good cause. ADD}

{ADD 23-65-3. Powers and duties of the board. -- ADD} {ADD The board established in this chapter shall have the following duties and powers:

(a) Adopt and amend such rules and regulations with the approval of the director as they deem necessary to carry out the provisions of this chapter;

(b) Classify all public water supply treatment facilities as to their size and type and establish specifications for certification of operators of each class of public water supply treatment facility and transmission and distribution system;

(c) Determine by examinations, and from the applicant's training and experience, the class and type of certificate, if any, the applicant will be issued;

d) When taking action with regard to (a) and (b) above, consider generally applicable criteria, regulations and guidelines developed by the association of boards of certification for operating personnel in water utilities;

(e) Direct the director of health to issue certificates to duly qualified applicants;

(f) Investigate complaints and charges of unprofessional conduct against any certified operator;

(g) Direct the director of health to revoke, suspend, or implement other disciplinary action with respect to person issued certifications under this chapter;

(h) Keep records of its proceedings and of all applications for certification;

(i) Encourage all operators to attend classes, seminars, and/or other educational programs periodically to keep abreast of changes and advances in the fields of water supply treatment, operation and management;

(j) Work with the state department of education to establish various levels of training courses, seminars and/or other educational programs. ADD}

{ADD 23-65-4. Director -- Powers and duties. -- ADD} {ADD The director shall have the following powers and duties:

(a) To issue, pursuant with such rules and regulations promulgated by the board and approved by the director, all licenses, certifications, and registrations required by this chapter to duly qualified applicants;

(b) To deny licenses, certifications, and registrations, to revoke, suspend or otherwise discipline licensees in accordance with the provisions of this chapter;

(c) To provide assistance to the board in carrying out the provisions of this chapter by the provision of office space for the meeting of the board, for necessary record-keeping assistance and for clerical and staff assistance;

(d) To exercise all other powers, specifically conferred upon him by virtue of the provisions of this chapter or other applicable sections of the general laws of the state of Rhode Island. ADD}

{ADD 23-65-5. Certification of public water supply treatment operators. -- ADD} {ADD It shall be unlawful after January 1, 1996 for any public water supply system using surface water or groundwater under the direct influence of surface water as determined by the director, or any community water supply serving greater than five hundred (500) persons to supply water for human consumption unless the treatment of such water is under the supervision of a superintendent or assistant superintendent who is assigned direct responsibility for the management, operation and maintenance of the water supply treatment facility during all working shifts at the facility and who shall hold a certificate equal to the grade or classification of the water supply treatment facility, as established by this chapter. In addition, effective January 1, 1996 each operator in charge of a shift at a public water supply system using surface water or groundwater under the direct influence of surface water as determined by the director, or any community water supply serving greater than five hundred (500) persons to supply water for human consumption must hold a certificate no less than one grade below the classification of the treatment facility. All operators employed at a water treatment facility must be certified to at least the lowest grade of treatment plant operation certification within a year of hire. Violation of this section shall be considered a violation of the public drinking water supply under chapter 46-13 and water systems shall be subject to the enforcement and penalty provisions of section 46-13-16 of the general laws. ADD}

{ADD 23-65-6. Certification of public water supply transmission and distribution system operators. -- ADD} {ADD It shall be unlawful after January 1, 1996 for any public water supply transmission and distribution system serving greater than five hundred (500) persons to distribute water for human consumption unless the operation of the system is under the supervision of a superintendent or assistant superintendent who is assigned direct responsibility for the management, operation and maintenance of the transmission and distribution system during all working shifts of the system and who shall hold a certificate, equal to the grade or classification of the transmission and distribution system, as established by the rules and regulations of said board. In addition, effective January 1, 1996 each person in responsible charge of any field operations of a public water supply transmission and distribution system serving greater than five hundred (500) persons must hold a certificate one (1) grade lower than the grade of the transmission and distribution system, as established by this chapter. All persons employed to work in a transmission and distribution system must be certified to at least the lowest grade of transmission and distribution certification granted by said board with a year of hire. Violation of this section shall be considered a violation of the public drinking water supply under chapter 46-13 and water systems shall be subject to the enforcement and penalty provisions of section 46-13-16 of the general laws. ADD}

{ADD 23-65-7. Certification process. -- ADD} {ADD A person who desires to be certified as an operator of a water supply treatment facility or a water transmission and distribution system shall file with the board of certification of operators of water supply facilities, established by this chapter, an application upon a form to be furnished by said board. The applicant shall include in such application his qualifications under oath. If the qualifications of the applicant meet or exceed the minimum qualifications established by said board for the certification type and grade for which they have applied, the applicant will be allowed to take a certification examination. Examinations shall be held at least twice each year at a time and place designated by the board. If the applicant passes the examination to the satisfaction of the board, the board shall issue the applicant a certification, which shall be in effect for three years from issuance, and may be renewed at that time, provided the operator is in good stead with said board and all conditions outlined in this chapter concerning continuing education are met. Said board may establish, through its rules and regulations, provisions for the issuance of temporary emergency or provisional certification to be effective for a period of no longer than one (1) year for good cause shown. ADD}

{ADD 23-65-8. Applications. -- ADD} {ADD (a) Application for certification shall be made on forms supplied by the board.

(b) The board shall review applications and supporting documents, determine the eligibility of the applicant for examination and notify the applicant of the same.

(c) The fee will not be returned upon failure to pass the examination. ADD}

{ADD 23-65-9. Fees. -- ADD} {ADD A fee will be charged to each applicant submitting a application to the board, and shall be of an amount determined by said board to cover the cost of the examination, but not more than fifty dollars ($50.00), and shall be submitted with the application form. This fee shall be refundable if the applicant is deemed by said board not qualified to take the examination but shall otherwise be nonrefundable. A renewal fee shall be charged to each certificate holder at the time of renewal. The board shall be responsible for setting this fee which will cover only the direct cost of renewal certificate issuance. ADD}

{ADD 23-65-10. Certification. -- ADD} {ADD (a) Upon satisfactory fulfillment by an applicant of the provisions of this chapter and the rules and regulations adopted by the board, the board shall issue a suitable certificate designating competency. The certificate issued shall indicate the class and type of public water supply facility for which the operator is qualified. Certification shall expire at the end of a three year period, beginning from the date of issuance, and may be renewed at that time, provided the operator is in good stead with board and all conditions outlined in this chapter concerning continuing education are met.

(b) Certificates may be issued, upon application, without examination, in a comparable classification to any individual who holds a certificate issued by any state, territory or possession of the United States, any country, if in the judgment of the board the requirements for certification of operators under which such individual's certificate was issued are equivalent to the requirements of this chapter. A certificate issued under the provisions of this subsection is valid at any water supply treatment facility of that grade or classification as specified by the board.

(c) Certificates will be issued upon application, without examination, to those public water supply treatment plant and distribution system operators employed as of the date of passage of this chapter. However, these certificates shall be issued within the class and type established by the board for the water supply facility or system employing the operator, and at the class certificate required to perform the job currently held by the operator. The certificates granted under this subsection shall not be transferable to any other public water supply facility, and are subject to the renewal conditions of certificates issued by examination or reciprocity. ADD}

{ADD 23-65-11. Renewal. -- ADD} {ADD Renewed certifications to individuals with previously issued certificates may be issued by the board at each three year period following the original issuance. Application for renewal of certification shall be made on forms supplied by the department of health prior to the expiration of the three year certification period.

(a) The board shall review such applications and supporting documents, and unless errors, improper documentation or other deficiency is noted, the applicant will be granted renewal certification.

(b) Renewal of certification is dependent of the candidate's good stead with the board during the prior three year period.

(c) Renewal for certification is also dependent on the proper completion of continuing education requirements as established by the board. ADD}

{ADD 23-65-12. Disciplinary actions. -- ADD} {ADD The board may revoke, suspend or otherwise discipline the holder of a certificate issued under this chapter when it is found that the individual performed his duties in a negligent manner that produced a supply below the standards normal for the particular facility operated; or that he has practiced fraud or deception; or that reasonable care, judgment or the application of this knowledge or ability was not used in the performance of his duties or that an individual is incompetent or unable to perform his duties properly or performed duties in violation of chapter 46-13 or regulations promulgated under chapter 46-13. The board must grant a hearing to any operator prior to deliberations regarding or decision of revocation. Appeal from the decision may be made as provided under chapter 35 of this title. ADD}

{ADD 23-65-13. Penalty for violation. -- ADD} {ADD Any person who shall be found guilty of violation of any of the provisions of this chapter or any rules and regulations adopted hereunder shall be punished by a fine of not more than five hundred dollars ($500) or by imprisonment for not more than thirty (30) days, or both by such fine or imprisonment, and every person shall be deemed guilty of a separate and distinct offense for each day during which such violation is repeated or continued. ADD}

{ADD 23-65-14. Severability. -- ADD} {ADD The provisions of this chapter are severable. If any provisions of this chapter or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of this chapter which can be given effect without regard to the invalid provisions or application. ADD}

{ADD 23-65-15. Excluding requirement of state mandated cost. -- ADD} {ADD The provisions of sections 45-13-7 through 45-13-10 inclusive shall not apply to sections 23-65-1 to 23-65-15, inclusive. ADD}

SECTION 2.This act shall take effect upon passage.