Sunset Review
The Water and Wastewater Facility Operator Certification Board's oversight and services are scheduled to sunset on Sept. 1, 2020.
What does that mean?
A sunset provision automatically repeals all or part of a law unless the legislature acts to extend it. Sunset provisions help to ensure that Colorado has the least restrictive form of oversight that still protects the public. The Department of Regulator Agencies (DORA) is the agency tasked with completing these evaluations.
Before a scheduled repeal, DORA's Office of Policy, Research and Regulatory Reform performs a Sunset Review to evaluate whether a regulation or part of the government is still needed. DORA then makes recommendations to the legislature about whether or not a law should be repealed or extended. Sunset Reviews summarize information and answer questions directly related to the regulation, board, or the services they provide.
Sunset Review questions
- What is regulated?
- Why is it regulated?
- Who is regulated?
- How is it regulated?
- What does it cost?
- What disciplinary activity is there?
The other important component of a Sunset Review is the Key Recommendations. Recommendations are not limited to whether the regulation or board should be continued or repealed. The review will also include information regarding methodology and major contacts. The review will contain information on the background, legal framework, and program description and administration.
DORA began its review of the board and services in 2018. They collected data from the program and interviewed stakeholders as well as those involved in running the program. DORA also reviewed Colorado laws and rules, local ordinances, related laws and rules in other states, and federal requirements.
Recommendations
DORA’s 2019 Sunset Review of the Water and Wastewater Facility Operators Certification Board report made 5 distinct recommendations.
- Continue the program through 2031
- Amend the definition of "domestic wastewater treatment facility"
- Revise the definition of "industrial wastewater treatment facilities"
- Create a new fund specific to the fees collected by the board
- Make technical changes to update the law
The addition of a different fund to make fees collected by the board available for exclusive use by the program, does not mean that new fees are being added, and existing fees are not being increased. Technical changes to the law means they recommend minor language changes for consistency with other statutes.
After the review, DORA worked with the Office of Legislative Legal Services to draft a sunset bill to continue the program and make the recommended statutory revisions. The bill was introduced near the start of the 2020 session and passed the House on February 24. Next, it goes to the Senate. Once the bill is passed and signed, the program will be on solid footing through 2031, with updated definitions and the added ability to use existing fees.
More information
- Office of Policy, Research and Regulatory Reform
- Water and Wastewater Facility Operators Certification Board
Questions?
Water and Wastewater Facility Operators Certification Board
cdphe.wwfocb@state.co.us.
➽ Nancy Horan, operator certification board liaison
