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Overview of Changes to TCEQ & Occupational Licensing Program

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1 Overview of Changes to TCEQ & Occupational Licensing Program
Environmental Trade Fair 2017 Overview of Changes to TCEQ & Occupational Licensing Program Jaya Zyman, P.E., Division Director Permitting and Registration Support Division Texas Commission on Environmental Quality

2 Contents of Presentation?
Occupational Licensing Organizational Structure Occupational Licensing Program Overview Program Statistics Licensing Program Updates Criminal History Evaluations 1. PRS Values and Principles The Permitting and Registration Support (PRS) Division believes in: Conducting business with honesty, transparency, integrity, and professionalism Promoting excellent customer service Resolving problems, removing obstacles and facilitating compliance Encouraging a positive work environment where people work cooperatively, efficiently, and productively within an atmosphere of appreciation, respect and professionalism Decisions are sound, logical, and based on good common sense, science and the law 2. Content of presentation – read slide

3 What is Occupational Licensing?
Issues registrations and occupational licenses for 10 environmental occupations for the State of Texas. Efficient regulatory services Ensures operational competency of individuals licensed and entities registered by TCEQ. Timely, relevant and accessible services for our customers

4 Organizational Structure PRS Division Organization
Division Administration Jaya Zyman, P.E. Division Director Registration & Reporting Section Don Kennedy, Section Manager Occupational Licensing Section Linda Saladino, Section Manager Division Administration Jaya Zyman, P.E., Division Director Registration & Reporting Section Don Kennedy, Section Manager Occupational Licensing Section Russell Gardner, Section Manager Division structure Two sections Registration and reporting – MSW, IHW, DC, PST, and sludge transporters Occupational licenses for environmental occupations

5 Organizational Structure (cont.) Occupational Licensing Organization
Jaya Zyman, P.E. Division Director Tamara Calhoun Work Leader Water Program Occupational Licensing Section Linda Saladino, Section Manager Ivan Messer, PhD, Program Support Coordinator Sarita Nazareth Work Leader Training/Exam Program Deric Patton, Team Leader Water, WW & Installer Programs Erwin Madrid Work Leader WW/Installer Program Division Administration Jaya Zyman, P.E., Division Director Registration & Reporting Section Don Kennedy, Section Manager Occupational Licensing Section Russell Gardner, Section Manager Occupational licensing section 3 work groups Tamara Calhoun, Work leader – Water Program (Water operators, BPAT, CSI, WTS) Erwin Madrid, Work leader – WW/Installer (WW operators, irrigation, OSSF, MSW, LPST and UST) Sarita Nazareth, work leader – training and continuing education credits. Review and approval of training providers and qualifying instructos and exam development Deric Patton is the team leader for the licensing processing of all new and renewal applications.

6 Occupational Licensing Overview We also regulate licensing of environmental occupations
Issue environmental occupational licenses Review and approve training courses and providers Oversee license examinations Complete job task analysis - to determine valid job content within each occupation Issue environmental occupational licenses Review and approve training courses and providers Oversee license examinations Complete job task analysis - to determine valid job content within each occupation Environmental occupational licenses and registrations to ensure competency of individuals we license by approving training curricula and trainer qualifications Complete job task analysis - use to determine valid job content and employment requirements within the occupations we regulate– involves surveying subject matter experts in the field, analyzing data, determining criticality and frequency of tasks. This information is used to develop curriculum and exams. These JTAs need to be updated perdiocally to keep up with new technology and industry changes.

7 Occupational Licensing Overview Occupational Licensing Section Activity
As you can see, most of our licenses are water and ww related (drinking water operators, collections and ww operators, backflow prevention assembly testers, customer site inspectors, water treatment specialist and irrigators). There is a small number of MSW supervisors, LPSTs and septic installers (OSSF).

8 Occupational Licensing Overview Occupational Licensing Section
A total of 55,111 licensed environmental professionals In FY 2016 alone we Issued 19,458 licenses Processed 11,682 examinations Job task analysis for each occupation to develop effective examinations and provide a basis for approving licensing courses. OL- unique section –touches everyone in Texas, mostly related Water/Wastewater, but also other licenses Objective of the operational license program is to ensure integrity of progression of responsibility for operators Its intended to test operators knowledge before certifying to operate these systems As stated earlier, we ensure operators receive the necessary training and pass the TCEQ exam We also approve training providers and conduct job task analysis to ensure our exams and training continue to test relevant skills on the ground.

9 Occupational Licensing Overview List of Licenses that the TCEQ issues
Backflow Prevention Assembly Tester (BPAT) Customer Service Inspector (CSI) Landscape Irrigator, Technician and Inspector Leaking Petroleum Storage Tank (LPST) Corrective Action Specialist and Project Manager Municipal Solid Waste (MSW) Supervisor On-Site Sewage Systems (OSSFs), Including Septic Tanks Smoke School: Visible Emissions Evaluators Stage II Vapor Recovery Facility Representative & Approved Training Providers Underground Storage Tank Contractors and On-Site Supervisors Wastewater Treatment and Collection Operators Wastewater Collection Operators Water System Operators Water Treatment Specialist (WTS) All the licenses we issue at a glance. Each license has different classes or levels of skill and complexity depending on what the license certifies them to do.

10 Occupational Licensing Overview Requirements for Obtaining a License
Meet education and experience requirements Complete training through TCEQ approved providers Pay the application fee ($111.00) Submit a complete application Clear a criminal background check Pass the corresponding exam (score of >70 percent) New applications can now be submitted online. More about this later.

11 Occupational Licensing Overview Occupational Licensing Exams
Paper based Classroom Regional/Central Office Grading/results in 45 days CBT (Computer Based Testing) Prequalification Testing Center Immediate test results Immediate feedback of weaknesses and strengths Each applicant has 4 attempts within a year to pass an exam. After 4 attempts or a year, a new application and fee needs to be submitted. We have paper and computer based exams. We are continually working to expand our testing center offerings. I will discuss this more a bit later.

12 Occupational Licensing Overview License Reciprocity
Licenses held in another state may transfer to the State of Texas Issued as a license of reciprocity on a case-by-case basis. For reciprocity, its important that the requirements are equivalent. A criminal back ground check will still be necessary. Some exams may require Texas specific regulatory knowledge. This is why reciprocity cases are evaluated on a case by case basis.

13 Occupational Licensing Overview License Renewal
Requirements for a License Renewal: Additional 3 years Completion of 10 hours of continuing education credits per year for a total of 30 CEC’s Submit a complete application Pay renewal fee of $111 Additional 3 years CEC’s vary, 30 CECs is average for most licenses (about 10 years) Renewals involve passing another criminal background check. We look at criminal activity that may have happened since last review.

14 Occupational Licensing Overview Renewing a License
There is a grace period of 30 days past expiration to get application and fee to agency Number of CEUs is based on 10 hours per year the license is valid. Water/Wastewater = 30 CEUs Renewal reminder is mailed 60 days prior to the license expiration date Renewal reminder is ed 90 days prior to the license expiration date TCEQ (Form): Occupational Licensing Individual Renewal Application is available in PDF format to fill out and submit to us. Online application for license renewal is also available. There are five simple steps to submit your online license renewal Enter your License Number and Last 4 digits of Social Security number. Review and confirm your contact information. Review and update your license information. Pay renewal fees using one of the following: MasterCard Visa Discover American Express Electronic Check Third Party Pay View and print receipt.

15 Training Requirements
Regulatory Guidance (RG) 373 is a document will help guide those interested in applying to have their training curriculum reviewed and approved by TCEQ. Delivery methods of training: Classroom Conferences Association Meetings Distance Training Correspondence Training Technology-Based Training There is regulatory guidance RG 373 to inform vendors on how to develop training for obtaining a license. All interested parties need to submit the proposed training curriculum to TCEQ for review and approval before offering the training. The training can take many forms from classroom to correspondence. More about training providers approval later on today.

16 Program Statics - Water & Wastewater Statistics
Number of Licenses – Fiscal Year 2016 Water Wastewater Applications Received 7,107 4,874 Exams Administered 5,722 3,639 New Licenses Issued 1,948 1,578 Licenses Renewed 3,482 2,502 Total Licenses 16,351 11,705

17 Program Statics - Water & Wastewater Statistics
Total Number of Active, Current Licenses as of Fiscal Year 2016 Groundwater B 764 Groundwater C 3,269 Surface Water B 1,026 Surface Water C 1,840 Distribution B 517 Distribution C 3,309 Water D 4,578 Most licenses are Water D licenses, followed by distribution C

18 Program Statics - Water & Wastewater Statistics
Total Number of Active, Current Licenses as of Fiscal Year 2016 Collection I 917 Collection II 1,376 Collection III 1,091 Wastewater B 2,036 Wastewater C 3,274 Wastewater D 2,057 Most licenses are Wastewater C licenses

19 Program Statics - Water & Wastewater Statistics
Number of Licenses – Fiscal Year 2016 Water A 1,048 Wastewater A 954 Double A 358

20 Program Statics - Water & Wastewater Statistics
Total Passing Rates as of Fiscal Year 2016 Groundwater B 24% Groundwater C 34% Surface Water B 18% Surface Water C 50% Distribution B 15% Distribution C 39% Water A 52% Water D 40% Highest passing rate for water exams is Water A. Mist likely due to extensive knowledge and experience even though these exams are the most complex.

21 Program Statics - Water & Wastewater Statistics
Total Passing Rates as of Fiscal Year 2016 Collection I 65% Collection II 42% Collection III 47% Wastewater A 40% Wastewater B 28% Wastewater C 33% Wastewater D 56% Highest passing rate is collection I followed by wastewater D, the simplest exam. However WW A is pretty high as well due to the extensive knowledge and experience of A operators.

22 Program Statics - BPAT & CSI Statistics
Backflow Prevention Assembly Tester (FY2016) Applications Received (new and renewal) 1,836 New Licenses Issued 597 Renewal Licenses Issued 1,151 Total Current Licenses 6,219 Test Administered 27 Test Passed 10 Passing Percentage 37% Customer Service Inspector (FY2016) Applications Received (new and renewal) 625 New Licenses Issued 169 Renewal Licenses Issued 357 Total Current Licenses 1,987 Test Administered 416 Test Passed 191 Passing Percentage 45.9% Bpat – backflow prevention assembly testers Csi – customer service inspectors

23 Program Statics - Irrigation Statistics
Landscape Irrigation (FY2016) Applications Received (new and renewal) 3,269 New Licenses Issued 567 Renewal Licenses Issued 2,076 Total Current Licenses 8,406 Test Administered 1,495 Test Passed 58%

24 Licensing Program Updates
Fee Waiver and deadline extensions for Veterans and spouses Program efficiencies Online e-Application for new Licenses Pre-approvals for all applications More CBT sites Web page overhaul Criminal history evaluation Now to the core of this presentation. I am excited to announce a few recent upgrades and initiatives. As of 2016, veterans and spouses of veterans can have their license fee waived and if on duty, can request extensions for renewal of their licenses. This is now in statute. Additionally, I will discuss other new improvements such as online application, preapproval process, more computer based training opportunities and a full makeover of our web pages.

25 Program Efficiencies Currently we have no backlog in application renewals and we have been diligently working on decreasing the backlog on new applications. Once we eliminate it, the next step is to reduce processing times from 45 days to 30 days, barring any deficiencies of criminal history delays. As you can see, we have made dramatic progress in the last few months.

26 Licensing Updates What is e-Application?
Online, electronic version of the paper application Must be submitted and approved by TCEQ prior to the applicant registering for an exam. Before, only renewal could be done on line. As of September 2016, we have a web based electronic application for new applications. Please remember that your application needs to be approved prior to registering for the exam. This tool will be further explained by Linda in the next presentation. This tool allows you to apply, pay and upload all supplemental materials, including criminal history. We are continuesly working on improvements for this tool.

27 Program Efficiencies Percent of e-applications has increased dramatically since it was launched in September Almost immediately the use was about 25%, compared to over 82% today, 6 months later.

28 NEW! Pre-Approval Process and Conditionally Approved Status
Applicants have met all requirements and have no outstanding deficiencies. Conditional Approval* For those who are missing only one required course (and have no other deficiencies) and intend to take an exam immediately after completing that required course, at a location where TCEQ is proctoring the exams. *Course registration confirmation is required with TCEQ application The other change we have recently implemented to standardize our process, better serve our customers and relieve congestion on our testing centers is the pre-approval process. All applicants need to be pre-approved or be conditionally approved to sign up for an exam. This eliminates people that may never qualify for a license due to criminal record or lack of experience from taking a seat on the exam from someone who qualifies. This allows for more testing opportunities for those who qualify. This process will be explained in depth by Linda in the next presentation.

29 Time table at a glance To give you an idea, if you want to test at our regional office or a CBT center on August 3, 2017 in Odessa, you must submit an application no later than June 8, The sooner the better.

30 Licensing Updates More CBT Sites Computer Based Tests
We have significantly expanded the CBT offerings throughout the state and will expand even more in This interactive map is on our website. If you hover your mouse over the C and P you can find the exam address and location P = paper exam at regional office C = CBT test center Green = offers both paper and CBT Orange = only paper exams at this time As you can see, western side of the state needed more testing centers. The stars indicate new sites coming online. We have about 7 new sites coming online in the next few months

31 Current CBT test centers
Licensing Updates Amarillo College Sam Houston State University Austin Community College Central Texas College Lamar Institute of Technology Texas A & M University Kingsville The University of Texas at Brownsville Stephen F. Austin University Texas A & M Engineering Extension Service Alamo College – San Antonio College Del Mar College Texarkana College Tarrant County College College of the Mainland Galveston College The University of Houston at Victoria Houston Community College Weatherford College Texas Southern University Midwestern State University New sites coming soon – contracts in progress: Alpine - Sul Ross State University Corsicana - Navarro College Denison - Grayson College Edinburg - The University of Texas Rio Grande Valley El Paso - UT El Paso Kingsville - Texas A&M University Kingsville Odessa - UT Permian Basin Odessa - Odessa College Vernon - Vernon College - Witchita Falls Testing Center Waco - Texas State Technical

32 CBT vs. Paper Exam Statistics
The usage of CBT is already increasing and expected to increase even more as more CBT sites/convenience is added.

33 Licensing Updates Web Page Overhaul
Occupational license web page got a full revamp. Main improvements include: Image icons make information easier to find. Groupings were based on public surveys of 2000 people. Left navigation provides links to the main pages in the OL website. (not shown above) Right portlet has links to searchable contact information CECs, training courses and providers are now searchable by license type and sortable by column CBT centers on interactive map. Easier to find a location near you and better links for registration Introduced sub navigation pages to help find information quicker Information is only in one place to avoid needing to update information in multiple places. Information is linked to relevant pages. Includes the new e-app link and the renewal link. Reworked exam registration web pages to standardize access from all the TCEQ regions and to verify that applicants have been preapproved. Now they need to provide CN number, which is included in their approval letter.

34 Who should request a criminal history evaluation?
concerned about your criminal history, applying for a high risk license (license with more contact with the public), and committed a crime in the following categories: An offense that directly relates to the duties and responsibilities of the licensed occupation (example: Fraud/Theft connected to business, negligence in occupation) An offense that does not directly relate to the license but was committed < 5 years before the application for a license; An offense listed in Texas Code of Criminal Procedures (CCP) (Murder, Indecency with a child, aggravated kidnapping, aggravated robbery) A sexually violent offense, identified in CCP Mostly related to sexual assault. NOTE: TCEQ is not concerned with driving violations, etc. I encourage you to submit an evaluation if you have concerns. Individuals who believe that they may be ineligible to obtain an initial license due to a conviction or deferred adjudication may request an evaluation of their criminal conviction history prior to applying for the license Provide all arrests and convictions in any state or country, including pending, deferred or dismissed cases must be included. Evaluations will not be performed for individuals that already have a TCEQ license or for individuals that are not actively seeking to obtain a TCEQ Occupational license. Four general factors we consider: 1. The nature and seriousness of the crime. 2. The relationship of the crime to the purposes for requiring a license to engage in the occupation. 3. The extent to which a license might offer an opportunity to engage in further criminal activity of the same type. 4. The relationship of the crime to the ability, capacity, or fitness required to perform the duties and discharge the responsibilities of the licensed occupation. There are six principal factors that we consider in determining your fitness to perform the duties and discharge the responsibilities of the licensed occupation: 1. The extent and nature of your past criminal activity. 2. Your age when the crime was committed. 3. The amount of time that has elapsed since your last criminal activity. 4. Your conduct and work activity before and after the criminal activity. 5. Evidence of your rehabilitation or rehabilitative effort while incarcerated or after release. 6. Other evidence of your fitness, including letters of recommendation from the following: a. Prosecutors, law-enforcement officers, and correctional personnel who prosecuted, arrested, or had custodial responsibility for you. b. The sheriff or chief of police in the community Deric will be discussing more details about criminal history but I wasn’t to highlight the availability of evaluations

35 Risk based classification of TCEQ’s Occupational Licenses:
Criminal History Evaluation Risk based classification of TCEQ’s Occupational Licenses: We have categorized our 10 basic license types into three risk categories. High, medium, and low based on possible contact with the public. High Risk license holders work on private residences and have access to the general public and to unattended property, hence the criminal background screening is more stringent. An example of a High Risk license would be a Landscape Irrigator who could install an irrigation system in someone's backyard. Medium Risk license holders work at businesses, like gas stations, where there may be some or occasional public interaction. Low Risk license holders work at businesses, like Treatment Plants or landfills, where there is little to no public interaction. Please note that an individual could be approved for a low risk license but not a high risk, based on his criminal record.

36 QUESTIONS? Jaya Zyman, P.E., Director
Permitting & Registration Support Division


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