Environment and Conservation, Department of

Plain English Breakdown

The bill summary and digest do not provide specific details on how existing contracts or agreements will be affected.

Water and Wastewater Operator Certification Act Changes

This bill sets new rules for water and wastewater operator certification exams in Tennessee.

What This Bill Does

• Sets requirements that the board must follow when preparing, conducting, and grading exams to ensure operators have necessary skills, knowledge, ability, and judgment.
• Requires all applicants to take the same exam questions.
• Specifies that at least 10% of exam questions must be about state regulations relevant to each operator's job classification.
• Establishes a passing score requirement of 70% for both total questions and state regulatory questions.
• Prohibits the board from collecting or using personal information like age, race, sex, or cultural background of applicants.
• Forbids the board from delegating its authority to determine minimum operator competency or prepare exams to third parties.

Who It Names or Affects

• Water and wastewater operators in Tennessee who need certification.
• The board responsible for certifying these operators.

Terms To Know

Operator

A person who manages or operates water treatment plants, sewage systems, or other related facilities.

Certification

Official approval that an operator has the necessary skills and knowledge to do their job safely and effectively.

Limits and Unknowns

• The bill does not specify what happens if part of it is found invalid.
• It's unclear how this will affect existing contracts or agreements with third parties before the law takes effect.

Official Summary Text

Present law requires the board of certification for water and
wastewater operators to p
repare, conduct
,
and grade examinations
. This bill specifies the following with regard to such examinations:

(1)
Examinations prepared and administered by the board must
d
emonstrate that an operator has the necessary skills, k
nowledge, ability, and judgment for the specified operator classification of the certification program
, c
onsist of the same questions for all applicants
,
and
i
nclude a minimum of 10% of the total questions for each classification on state regulatory questi
ons germane to the specific operator classification
;

(2) T
o receive a certificate, applicants must
c
orrectly answer 70% or more of
t
he total questions on an examination
or t
he state regulatory questions and
o
therwise meet the requirements of
the
Water an
d Wastewater Operator Certification Act
;

(3) T
he board
is prohibited from
collect
ing
data pertaining to, or otherwise us
ing
, an applicant's age, race, sex, or cultural background
;

(
4
) The board
is prohibited from
delegat
ing
to a third-party its authori
ty to determine minimum operator competency or to prepare, conduct, or grade examinations
; and

(
5
) The board
is authorized to use
staff under its direct supervision to prepare, conduct, and grade examinations
.

Current Bill Text

SENATE BILL 743
By Yager

HOUSE BILL 834
By Keisling

HB0834
002707
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 68,
Chapter 221, Part 9, relative to the Water and
Wastewater Operator Certification Act.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 68-221-906(7), is amended by
deleting the subdivision and substituting instead:
(7) Prepare, conduct, and grade examinations in accordance with § 68-221-916;
SECTION 2. Tennessee Code Annotated, Title 68, Chapter 221, Part 9, is amended by
adding the following as a new section:
68-221-916.
(a) Examinations prepared and administered by the board must:
(1) Demonstrate that an operator has the necessary skills, knowledge,
ability, and judgment, as appropriate, for the specified operator classification of
the certification program pursuant to § 68-221-907;
(2) Consist of the same questions for all applicants; and
(3) Include a minimum of ten percent (10%) of the total questions for
each classification on state regulatory questions germane to the specific operator
classification.
(b) To receive a certificate, applicants must:
(1) Correctly answer seventy percent (70%) or more of:
(A) The total questions on an examination; and
(B) The state regulatory questions described in subdivision (a)(3);
and

- 2 - 002707

(2) Otherwise meet the requirements of this part.
(c) The board shall not collect data pertaining to, or otherwise use, an applicant's
age, race, sex, or cultural background.
(d) The board shall not delegate, by contract or other agreement, to a third-party
its authority under this part to determine minimum operator competency or to prepare,
conduct, or grade examinations.
(e) The board may utilize staff under its direct supervision to prepare, conduct,
and grade examinations and to otherwise implement this part.
SECTION 3. If any provision of this act or its application to any person or circumstance
is held invalid, then the invalidity does not affect other provisions or applications of the act that
can be given effect without the invalid provision or application, and to that end, the provisions of
this act are severable.
SECTION 4. This act takes effect upon becoming a law, the public welfare requiring it,
and applies to contracts and agreements entered into, amended, or renewed on or after such
date.