Be it enacted by the People of the State of Maine as follows:
Sec. 1. 5 MRSA §12004-A, sub-§46, as enacted by PL 1995, c. 442, §1, is amended to read:
46. Board of Licensure of Water |
Sec. 2. 22 MRSA §2621, sub-§1-A, as enacted by PL 1999, c. 688, §2, is amended to read:
1-A. Board. "Board" means the Board of Licensure of Water Treatment Plant System Operators.
Sec. 3. 22 MRSA §2621, sub-§2, as amended by PL 1985, c. 748, §25, is further amended to read:
2. License. "License" means a license issued by the commissioners board stating that the applicant has met the requirements for the specified operator classification.
Sec. 4. 22 MRSA §2622, first ¶, as amended by PL 2001, c. 471, Pt. D, §20, is further amended to read:
The board, with the advice of the department, shall classify all community public water systems, all nontransient, noncommunity public water systems, all public water systems utilizing surface water and the water treatment plants or collection, treatment or storage facilities or structures that are part of a system with due regard to the size and type of facilities, the character of water to be treated and any other physical conditions affecting such system or part thereof and specify the qualifications the operator of the system or of a part of a system must have to supervise successfully the operation of the system or parts thereof so as to protect the public health or prevent nuisance conditions.
Sec. 5. 22 MRSA §2624-A, as amended by PL 2001, c. 471, Pt. D, §21, is further amended to read:
§2624-A. Board of Licensure of Water System Operators
The Board of Licensure of Water Treatment Plant System Operators, referred to in this section as the "board," is established within the department pursuant to Title 5, chapter 379.
1. Membership; general qualifications. The board consists of 9 members appointed by the Governor as follows: 3 water system or water treatment plant treatment or water distribution system operators, one holding a Class II license, one holding a Class III license and one holding a Class IV license; one member of the public who is a registered professional engineer; one person who is an educator in the field of water supply or service; one person who is a water management representative; one person who represents consumers of public water systems a "very small water system," as that term is defined in rules of the board; one person who is an owner or manager of a nontransient, noncommunity public water system; and one person from the department, as the commissioner may recommend, subject to appointment by the Governor.
2. Terms. Except as provided in this subsection, each Each member of the board is appointed for a 3-year term. The initial appointee who is a water system or water treatment operator holding a Class II license and the initial appointee who is a registered professional engineer employed by a water utility are appointed for one-year terms. The initial appointee who is a water system or water treatment operator holding a Class III license and the initial appointee who is an educator in the field of water supply or service are appointed for 2-year terms. The appointee from the department serves at the pleasure of the Governor. The commissioner may recommend to the Governor at any time that the appointee from the department be replaced. Vacancies must be filled by appointment of the Governor for all unexpired terms.
3. Chair; secretary. Members of the board shall elect from among the members a chair at the first meeting of each year. Members shall also elect from among the members a secretary who is responsible for maintaining records and providing administrative support.
4. Call of meetings. Meetings of the board may be called by the chair, or by the chair at the request of any other 2 members, as necessary to carry out this chapter.
5. Conduct of meetings. A majority of the members of the board constitutes a quorum for the purpose of conducting the business of the board and exercising all the powers of the board. A vote of the majority of members present is sufficient for all actions of the board.
6. Powers and duties. The powers and duties of the board are as follows.
A. The board shall license persons to serve as operators of all or part of any public water system.
B. The board shall design and hold at least one examination each year at a time and place designated for the purpose of examining candidates for licensure.
C. The board may enter into contracts to carry out its responsibilities under this section.
7. Fund. The Board of Licensure of Water Treatment Plant System Operators Fund is established and is governed by the following provisions.
A. All money collected by the board in the form of application fees, reinstatement and renewal fees, expense reimbursements ordered by the board or payment for services such as reproduction and distribution of copies of board decisions and photocopying or for the use of facilities must be deposited with the Treasurer of State in a separate account to be known as the Board of Licensure of Water Treatment Plant System Operators Fund.
B. The board may use the fund to defray the reasonable costs incurred by the board in carrying out its duties.
C. Except as specified in this paragraph, any amount within the fund that is not expended at the end of a fiscal year does not lapse, but is carried forward to be expended by the board in carrying out its duties in succeeding fiscal years. Upon certification of the board that certain amounts in the fund are not required by the board, the Treasurer of State shall transfer the amounts to the General Fund.
8. Records. The board shall keep all records and minutes necessary to the ordinary dispatch of its functions. The board shall keep a register of all applicants for licensure and a register of all licensees.
9. Reports. No later than August 1st of each year, the board shall submit to the commissioner a report of its transactions in the preceding fiscal year ending June 30th and shall transmit to the commissioner a complete statement of all the receipts and expenditures of the board, attested by affidavits of the board's chair and secretary.
10. Staff. The commissioner, to the extent possible and reasonable, shall make available to the board such staff, facilities, equipment, supplies, information and other assistance as the board may reasonably require to carry out its activities. The commissioner may also appoint, subject to the Civil Service Law, the employees necessary to carry out this section. Any person so employed must be located in the department and under the administrative and supervisory direction of the commissioner.
11. Compensation of members. Members of the board are entitled to reimbursement for expenses only pursuant to Title 5, section 12004-A, subsection 46.
Sec. 6. 22 MRSA §2625, first ¶, as amended by PL 1995, c. 442, §3, is further amended to read:
The Board of Licensure of Water Treatment Plant System Operators shall issue biennial licenses to individuals to act as operators. The license must indicate the classification level of the systems or parts of systems for the operation of which the individual is qualified to act as an operator.
Sec. 7. 22 MRSA §2625-A, as amended by PL 1995, c. 442, §6, is further amended to read:
All licenses shall expire on December 31st of each biennial period and may be renewed thereafter for 2-year periods without further examination, upon the payment of the proper renewal fee as set forth in the rules. Any A person who fails to renew his that person's license within the 6-month grace period 2 years following the expiration date shall be required to take an examination.
The Board of Licensure of Water Treatment Plant System Operators shall notify a person registered under this subchapter of the date of expiration of that person's license and the fee required for its renewal for a 2-year period. The notice must be mailed to the person's last-known address at least 30 days in advance of the expiration date of that person's license.
Sec. 8. 22 MRSA §2626, first ¶, as amended by PL 1995, c. 442, §7, is further amended to read:
The Board of Licensure of Water Treatment Plant System Operators, upon application for licensure, may issue a license without examination, in a comparable classification, to any person who holds a license in any state, territory or possession of the United States or any country, providing the requirements for licensure of operators under which the person's license was issued does not conflict with this chapter and, in the opinion of the board, are of a standard not lower than that specified by regulations rules adopted under this chapter.
Sec. 9. 22 MRSA §2628, first ¶, as amended by PL 1995, c. 442, §7, is further amended to read:
The Board of Licensure of Water Treatment Plant System Operators, in accordance with any other appropriate state laws, shall make such rules as are reasonably necessary to carry out the intent of this subchapter. The rules must include, but are not limited to, provisions establishing requirements for licensure and procedures for examination of candidates and such other provisions as are necessary for the administration of this subchapter.
Sec. 10. 22 MRSA §2629, as amended by PL 1995, c. 442, §7, is further amended to read:
The application examination fees, licensure fees, biennial renewal fees and reinstatement fees must be established by the Board of Licensure of Water Treatment Plant System Operators by rule and must be based upon different classifications of water treatment systems and the levels of competence to operate various water systems. The application fee examination and licensure fees may not exceed $35 $70, and the biennial renewal fee and the reinstatement fee may not exceed $30 $60. Revenues derived from applicants failing the examination must be retained.
Sec. 11. 22 MRSA §2630, as amended by PL 1999, c. 688, §7, is further amended to read:
If a supplier of water public water system loses its licensed operator, it shall secure a new licensed operator or enter into a contractual agreement with a licensed operator of proper classification until a new operator has been employed for the supplier of water that public water system.
Sec. 12. Transition provision.
1. The Board of Licensure of Water System Operators is the successor in every way to the power, duties and functions of the former Board of Licensure of Water Treatment Plant Operators.
2. All existing rules, regulations and procedures in effect, in operation or promulgated in or by the Board of Licensure of Water Treatment Plant Operators or any of its administrative units or officers are hereby declared in effect and continue in effect until rescinded, revised or amended by the proper authority.
3. All existing contracts, agreements and compacts currently in effect in the Board of Licensure of Water Treatment Plant Operators continue in effect.
4. Any positions authorized and allocated subject to the personnel laws to the former Board of Licensure of Water Treatment Plant Operators are transferred to the Board of Licensure of Water System Operators and may continue to be authorized.
5. All records, property and equipment previously belonging to or allocated for the use of the former Board of Licensure of Water Treatment Plant Operators become, on the effective date of this Act, part of the property of the Board of Licensure of Water System Operators.
6. All existing forms, licenses, letterheads and similar items bearing the name of or referring to the Board of Licensure of Water Treatment Plant Operators may be utilized by the Board of Licensure of Water System Operators until existing supplies of those items are exhausted.
7. That person appointed to the Board of Licensure of Water System Operators who represents a very small water system shall serve the balance of the term of the former member who represented consumers of public water systems. Thereafter, the term of the representative of a very small water system is subject to the Maine Revised Statutes, Title 22, section 2624-A, subsection 2.
Effective September 13, 2003, unless otherwise indicated.
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