Environment and Conservation, Department of

Plain English Breakdown

The bill summary does not provide specific details on implementation timelines or financial impacts, leaving these areas uncertain.

Water and Wastewater Operator Certification Act Changes

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

What This Bill Does

• Requires the board to create exams that show an operator has the necessary skills, knowledge, ability, and judgment for their job classification.
• Ensures all applicants take the same exam questions.
• Includes at least 10% of state-specific regulatory questions on each exam.
• Sets a passing score of 70% or higher for both total questions and state regulatory questions.
• Prohibits the board from collecting personal data like age, race, sex, or cultural background.
• Prevents 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 to get certified.
• The board of certification that prepares and grades these exams.

Terms To Know

Operator classification

A specific type or level of job for water and wastewater operators, like a treatment plant operator or maintenance worker.

Regulatory questions

Questions on the exam that cover state rules and laws related to operating water and wastewater systems.

Limits and Unknowns

• The bill does not specify how long it will take for changes to be implemented.
• It is unclear if there are any financial impacts or costs associated with these changes.

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

HOUSE BILL 834
By Keisling

SENATE BILL 743
By Yager

SB0743
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.