An Act To Revise the Laws Governing the Licensure of Public Water System Operators
Maine Legislature, Session 125, LD 0424
Committee: Health and Human Services
Sponsors: GOODALL, FITTS, CRAVEN, CLARKE, HINCK, KENT
Amends: 22 MRSA §2622, 22 MRSA §2624-A, 22 MRSA §2625-A, 22 MRSA §2628, 22 MRSA §2629

Legislative Document 
No. 424 
S.P. 128 
In Senate, February 10, 2011 
An Act To Revise the Laws Governing the Licensure of Public 
Water System Operators 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
JOSEPH G. CARLETON, JR. 
Secretary of the Senate 
Presented by Senator GOODALL of Sagadahoc. 
Cosponsored by Representative FITTS of Pittsfield and 
Senator: CRAVEN of Androscoggin, Representatives: CLARKE of Bath, HINCK of Portland, 
KENT of Woolwich. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  22 MRSA §2622, first ¶, as amended by PL 2003, c. 33, §4, 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, 
distribution 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. 2.  22 MRSA §2624-A, sub-§6, as enacted by PL 1995, c. 442, §2, is 
amended to read: 
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 in the State. 
B.    The board shall design or approve and hold at least one examination each year at 
a time and place designated for the purpose of examining candidates for licensure.  
The board may accept results of examinations approved by the board administered by 
a 3rd party, whose fees are not governed by section 2629. 
C.    The board may enter into contracts or agreements to carry out its responsibilities 
under this section. 
Sec. 3.  22 MRSA §2625-A, first ¶, as amended by PL 2003, c. 33, §7, is further 
amended to read: 
All licenses 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.  A person who fails to renew that person's license 
within 2 years following the expiration date shall take an examination of the license must 
take an examination as a condition of licensure. 
Sec. 4.  22 MRSA §2628, as amended by PL 2003, c. 33, §9, is further amended to 
read: 
§2628.  Rules 
The Board of Licensure of Water 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.  Rules 
adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 
375, subchapter 2-A. 
Sec. 5.  22 MRSA §2629, as amended by PL 2003, c. 33, §10, is further amended 
to read: 
§2629.  Fees 
The examination fees, licensure fees, biennial renewal fees and reinstatement fees 
must be established by the Board of Licensure of Water System Operators by rule.  The 
examination and licensure fees may not exceed $70, and the biennial renewal fee and the 
reinstatement fee may not exceed $60.  The Board of Licensure of Water System 
Operators shall establish by rule fees authorized pursuant to this subchapter.  These fees 
may include examination, licensure, biennial renewal and reinstatement fees in amounts 
that are reasonable and necessary for their respective purposes, except that the fee for any 
one purpose may not exceed $95.  Revenues derived from applicants failing the 
examination must be retained. 
SUMMARY 
This bill adds distribution facilities to the list of public water systems that the Board 
of Licensure of Water System Operators shall classify.  The bill authorizes the board to 
license persons to serve as operators of only public water systems in the State and allows 
the board to design or approve examinations.  The bill requires a person who fails to 
renew that person's license within 2 years following the expiration of the license to take 
an examination as a condition of licensure.  The bill increases the fee limit for the various 
water system operator fees from $60 to $95.  The bill also has a separate fee for the 
examination and licensure of public water system operators.