THE FOLLOWING BILL CHANGES THE REQUIREMENTS FOR TESTING ALTERNATIVE AND CONVENTIONAL CONTRACTORS TO TAKE AN EXAM IN ORDER TO KEEP THEIR LICENSES TO WORK IN THE STATE OF VIRGINIA.

SENATE BILL NO. 657

AMENDMENT IN THE NATURE OF A SUBSTITUTE

(Proposed by the Senate Committee on General Laws and Technology

on ________________)

(Patron Prior to Substitute--Senator Black)

A BILL to amend and reenact § 54.1-2301, as it is currently effective, of the Code of Virginia, relating to the Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals; onsite sewage installers and operators.

Be it enacted by the General Assembly of Virginia:

1. That § 54.1-2301, as it is currently effective, of the Code of Virginia is amended and reenacted as follows:

§ 54.1-2301. (Effective until July 1, 2016) Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals; membership; terms; duties.

A. The Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals shall consist of 11 members as follows: the Director of the Office of Water Programs of the State Department of Health, or his designee, the Executive Director of the State Water Control Board, or his designee, a currently employed waterworks operator having a valid license of the highest classification issued by the Board, a currently employed wastewater works operator having a valid license of the highest classification issued by the Board, a faculty member of a state university or college whose principal field of teaching is management or operation of waterworks or wastewater works, a representative of an owner of a waterworks, a representative of an owner of a wastewater works, a licensed alternative onsite sewage system operator, a licensed alternative onsite sewage system installer, a licensed onsite soil evaluator, and one citizen member. The alternative onsite sewage system operator, alternative onsite sewage system installer, and onsite soil evaluator shall have practiced for at least five consecutive years immediately prior to appointment. No owner shall be represented on the Board by more than one representative or employee operator. The term of Board members shall be four years.

B. The Board shall examine waterworks and wastewater works operators and issue licenses. The licenses may be issued in specific operator classifications to attest to the competency of an operator to supervise and operate waterworks and wastewater works while protecting the public health, welfare and property and conserving and protecting the water resources of the Commonwealth.

C. The Board shall establish a program for licensing individuals as onsite soil evaluators, onsite sewage system installers, and onsite sewage system operators.

D. The Board, in consultation with the Board of Health, shall adopt regulations for the licensure of (i) onsite soil evaluators; (ii) installers of alternative onsite sewage systems, as defined in § 32.1-163; and (iii) operators of alternative onsite sewage systems, as defined in § 32.1-163. Such regulations shall include requirements for (a) minimum education and training, including approved training courses; (b) relevant work experience; (c) demonstrated knowledge and skill; (d) application fees to cover the costs of the program, renewal fees, and schedules; (e) the division of onsite soil evaluators into classes, one of which shall be restricted to the design of conventional onsite sewage systems; (f) the division of sewage system installers into classes, one of which shall be restricted to the installation of conventional onsite sewage systems; and (g) other criteria the Board deems necessary.

E. The Board shall not require applicants for initial licensure as a conventional onsite sewage system installer to pass an examination prior to issuance of such license provided that the applicant satisfactorily demonstrates to the Board that he has been actively engaged in performing the duties of a conventional onsite sewage system installer for at least eight years within the 12-year period immediately preceding the date of application for licensure.

F. The Board shall not require applicants for licensure as a conventional or alternative onsite sewage system installer or as a conventional or alternative onsite sewage system operator to pass an examination prior to issuance of such license, provided that the applicant:

1. Satisfactorily demonstrates to the Board that he has been actively engaged in performing the duties and activities relevant to the license sought for at least eight years of the 12-year period immediately preceding the date of application for licensure;

2. Currently holds or has held an interim license for the license sought; and

3. Satisfactorily demonstrates to the Board that he has obtained (i) a minimum of 10 continuing professional education contact hours during the first 24 months that the interim license was valid and (ii) a minimum of 10 continuing professional education contact hours during the second 24 months that the interim license was valid.

G. The Board shall permit any wastewater works operator to sit for the conventional onsite sewage system operator examination.