A California Assembly Bill that would potentially have limited who can perform certain erosion and sediment control functions, such as designing and signing off on stormwater pollution prevention plans, has just been vetoed. California Governor Jerry Brown rejected AB 1210 on Sunday.
A section of the bill stated that “all civil engineering activities performed in the preparation, submission, execution, and enforcement of stormwater pollution prevention plans… shall be prepared and performed under the responsible charge of a licensed civil engineer.” Some ESC professionals interpreted this to mean that those without an engineering degree, but with other qualifications such as the CPESC, CISEC, or CPSWQ certifications, would no longer be able to perform jobs that they’ve been doing, such as handling SWPPPs or conducting site inspections. Further, some were concerned that if the bill were adopted in California, it would set a precedent for other states as well. An item about the bill on this site back in April, three months after the bill was introduced, generated some interesting discussion.
In his letter rejecting the bill, Brown notes, “Many of these storm plans [SWPPPs] are found to be deficient and those preparing them need a much better understanding of the elements of a solid plan.” He calls for more training for “all professionals who prepare storm plans—engineers, geologists, hydrologists, and landscape architects” and asks for a review by the State Water Board.